U.S. Code » Title 43 » Chapter CHAPTER 33— ALASKA NATIVE CLAIMS SETTLEMENT

43 U.S.C. § 1603

Declaration of settlement

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 43 CasesGoogle Scholar
(a) Aboriginal title extinguishment through prior land and water area conveyances

All prior conveyances of public land and water areas in Alaska, or any interest therein, pursuant to Federal law, and all tentative approvals pursuant to section 6(g) of the Alaska Statehood Act, shall be regarded as an extinguishment of the aboriginal title thereto, if any.

(b) Aboriginal title and claim extinguishment where based on use and occupancy; submerged lands underneath inland and offshore water areas and hunting or fishing rights included

All aboriginal titles, if any, and claims of aboriginal title in Alaska based on use and occupancy, including submerged land underneath all water areas, both inland and offshore, and including any aboriginal hunting or fishing rights that may exist, are hereby extinguished.

(c) Aboriginal claim extinguishment where based on right, title, use, or occupancy of land or water areas; domestic statute or treaty relating to use and occupancy; or foreign laws; pending claims

All claims against the United States, the State, and all other persons that are based on claims of aboriginal right, title, use, or occupancy of land or water areas in Alaska, or that are based on any statute or treaty of the United States relating to Native use and occupancy, or that are based on the laws of any other nation, including any such claims that are pending before any Federal or state court or the Indian Claims Commission, are hereby extinguished.

(Pub. L. 92–203, § 4, Dec. 18, 1971, 85 Stat. 689.)Editorial NotesReferences in Text

Section 6(g) of the Alaska Statehood Act, referred to in subsec. (a), is section 6(g) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48, Territories and Insular Possessions.

Notes of Decisions
Cited in 39 cases (4 in the last 5 years), 1974–2024 · leading case: Amoco Prod. Co. v. Vill. of Gambell, 480 U.S. 531 (1987).
Sort: Relevance Newest Treatment
Amoco Prod. Co. v. Vill. of Gambell, 480 U.S. 531 (1987). “690 , 43 U. S. C. § 1603 (b). That section provides: "All aboriginal titles, if any, and claims of aboriginal title in Alaska based on use and occupancy, including submerged land underneath all water areas, both inland and offshore, and including any aboriginal hunting or…”
Akiachak Native Cmty. v. United States Dep't of Interior, 935 F. Supp. 2d 195 (D.D.C. 2013). · cites it 5× “are hereby extinguished .... All claims against the United States, the State [of Alaska], and all other persons that are based on claims of aboriginal right, title, use, or occupancy of land or water areas in Alaska, or that are based on any statute or treaty of the United…”
United States v. Atl. Richfield Co., 435 F. Supp. 1009 (D. Alaska 1977). · cites it 3× “Section 4 of the Act, 43 U.S.C. § 1603 , provides: (a) All prior conveyance of public land and water areas in Alaska, or any interest therein, pursuant to Federal law, and all tentative approvals pursuant to section 6(g) of the Alaska Statehood Act, shall be regarded as an…”
Ahtna, Inc. v. State of Alaska, Dep't of Transp. & Pub. Facilities, State of Alaska, Dep't of Transp. & Pub. Facilities v. AHTNA, Inc., State of Alaska, Dep't of Transp. & Pub. Facilities v. Ahtna, Inc., 520 P.3d 131 (Alaska 2022). · cites it 3× “The court assumed without deciding that “aboriginal title land was not public land before Congress enacted ANCSA and Ahtna possessed aboriginal title to the 11 43 U.S.C. § 1603 . -6- 7619 land at issue.”
Akiachak Native Cmty. v. Dep't of the Interior, 584 F. Supp. 2d 1 (D.D.C. 2008). · cites it 2× “ANCSA extinguished aboriginal title claims, see 43 U.S.C. § 1603 , and revoked all reservations in Alaska, except for the Metlakatla Reserve.”
Jacob Adams v. Cyrus Vance, Sec'y of State, 570 F.2d 950 (D.C. Cir. 1978). “The Alaska Native Claims Settlement Act of 1971, 43 U.S.C. § 1603 , extinguished aboriginal fishing rights, but the Congressional intent was apparently to quiet title to land rather than to end the still-intact obligation of the United States as trustee to protect the…”
Seldovia Native Ass'n v. Lujan, 904 F.2d 1335 (9th Cir. 1990). · cites it 3× “Section 4 of ANCSA, 43 U.S.C. § 1603 , provides that all prior conveyances of land under federal law or tentative approvals under section 6(g) of the Statehood Act operated to extinguish aboriginal title at the time the conveyance was made or approval was given, and all…”
Seldovia Native Ass'n, Inc. v. United States, 144 F.3d 769 (Fed. Cir. 1998). “See 43 U.S.C. § 1603 . Congress declared that “the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation [and] with maximum participation by Natives in decisions affecting their rights and…”
Hydro Resources, Inc. v. United States Env't Prot. Agency, 608 F.3d 1131 (10th Cir. 2010). · cites it 2× “Under the ANCSA, the shareholders of these corporations had to be Alaska Natives. Id. The land issued to these corporations was transferred in fee simple, with no restrictions on subsequent transfers of the land.”
Inupiat Cmty. of Arctic Slope v. United States, 230 Ct. Cl. 647 (Ct. Cl. 1982). “When, in the Settlement Act, Congress extinguished both the Inupiats’ aboriginal title and "[a]ll claims against the United States, the State and all other persons that are based on claims of aboriginal right, title, use, or occupancy of land,” 43 U.S.C. § 1603 (c), it…”
Seldovia Native Ass'n v. United States, 35 Fed. Cl. 761 (Fed. Cl. 1996). · cites it 3× “” 43 U.S.C. § 1603 (b). Furthermore, because “[a]ll prior conveyances of public land .”
Manning v. State, Dept. of Fish & Game, 420 P.3d 1270 (Alaska 2018). “The Extinguishment Clause provides that "[a]ll aboriginal titles ... and claims of aboriginal title in Alaska based on use and occupancy, .”
Show all 39 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.