The Alaska Native Claims Settlement Act was enacted into law “to provide an equitable solution to the claims made by the Natives of Alaska through a combination of land and money.” H.R. 92-523, 92nd Cong., 1st Sess., 1971 U.S. Code Cong. & Ad. News 2192, 2193. Under ANCSA, the surface estate in some 22 million acres of land was patented to village corporations such as Tyonek. The subsurface estate in those same lands was patented to regional corporations such as Cook Inlet. 43 U.S.C. §§ 1611, 1613. Lands so divided are referred to as the “dually owned lands.” Another 16 million acres, the “fee lands,” were patented in their entirety to regional corporations, but those corporations are required to distribute most of the revenues from the subsurface estate among all the regional corporations in Alaska. 43 U.S.C. § 1606(j).
Plaintiff, Tyonek Native Corporation (“Tyonek”), a village corporation organized under the Alaska Native Claims Settlement Act, (“ANCSA”), 43 U.S.C. §§ 1601 et seq., appeals from an adverse judgment in its action against defendant, Cook Inlet Region, Inc., (“Cook Inlet”), one of twelve regional corporations established under ANCSA.The Alaska Native Claims Settlement Act was enacted into law “to provide an equitable solution to the claims made by the Natives of Alaska through a combination of land and money.” H.R. 92-523, 92nd Cong., 1st Sess., 1971 U.S. Code Cong. & Ad. News 2192, 2193. Under ANCSA, the surface estate in some 22 million acres of land was patented to village corporations such as Tyonek. The subsurface estate in those same lands was patented to regional corporations such as Cook Inlet. 43 U.S.C. §§ 1611, 1613. Lands so divided are referred to as the “dually owned lands.” Another 16 million acres, the “fee lands,” were patented in their entirety to regional corporations, but those corporations are required to distribute most of the revenues from the subsurface estate among all the regional corporations in Alaska. 43 U.S.C. § 1606(j).This case arises with regard to land dually owned by Tyonek and Cook Inlet. The issue is whether sand and gravel reserves form part of Tyonek’s surface estate or Cook Inlet’s subsurface estate.
Adds precedent that influences how ANCSA corporations, regulators, and shareholders interpret governance rights and remedies.