# data[].attributes.headline
Current Happenings and Success for the Eklutna Native People

# data[].attributes.subject
Current Happenings and Success for the Eklutna Native People

# data[].attributes.body
For the first time in 66 years, the Eklutna River will run uninterrupted from its headwaters to the sea late this September 2021.  The water release marks a significant milestone in the effort to restore the Eklutna River, or Idlughetnu in the Dena’ina language, and allow salmon to return to the river.

# data[].attributes.attachment_link.readable_text
Eklutna River will flow again with water release in September

For the first time in 66 years, the Eklutna River will run uninterrupted from its headwaters to the sea late this September.

The water release marks a significant milestone in the effort to restore the Eklutna River, or Idlughetnu in the Dena'ina language, and allow salmon to return to the river.

"We have waited a long time to see this day," said Aaron Leggett, Chief of the Native Village of Eklutna. "It's finally happening, and it feels so good. We had gotten so used to just a trickle of mud running through our village that we forgot how beautiful the river is. Since the dam came down in 2018, the river has once again been running clear. We notice, the salmon notice, and the bears notice." The Native Village of Eklutna is the only traditional village within the Municipality of Anchorage.
History
For thousands of years, the river brought salmon to the Dena'ina people, for whom the land occupied by Anchorage is named. Then, in 1929, Anchorage's first private electrical enterprise, Anchorage Light and Power, dammed the lower part of Eklutna River as part of a hydropower project.

"When [they] put that dam up, it literally put a firewall up of where fish could go," Curtis McQueen, former CEO of Eklutna Inc. and current board member of the Rasmuson Foundation, said in a film produced by The Conservation Fund to promote the river restoration project. "No one cared about fish, no one cared about the river; it was all about commerce at the time. And we as a people were not an organized people."

In 1955, the dam was abandoned when a new power project diverted the river out of its natural valley.

The Native Village of Eklutna led a five-year, $7.5 million effort to remove the Lower Eklutna River dam. With financing from The Conservation Fund and support by Eklutna Inc., the dam was removed in 2018.

"For us, it was like coming full circle," McQueen said. "The ability to be the people that could actually take that dam down was not only healing for us, but it was a sense of pride."
Restoration
Despite the success of the dam removal project, the Eklutna River runs dry and devoid of water because an upstream dam at the outlet of Eklutna Lake diverts all the water out of the Eklutna River for hydropower generation.

"We always knew that removing the Lower Eklutna River dam was just the first step in a very long process," said Brad Meiklejohn of The Conservation Fund. "It took a leap of faith to get to this point, but we stuck the landing."

The water releases planned for September 2021, are part of an instream flow study that will help inform how to fix the river. Under an agreement signed in 1991, local electric utilities are now engaged with the Native Village of Eklutna and state and federal regulators to remedy the impacts of hydropower operations on the Eklutna River. That process, begun in 2020, is slated for completion by 2027.

A public celebration with members of the Eklutna River Restoration Coalition will be held on the banks of the Eklutna River at noon on September 18, 2021. For more details go to www.eklutnariver.org.

With the return of water to Eklutna River, the Native Village of Eklutna is one step closer to fulfilling its vision for the river, as stated in a 2019 resolution: "We are hopeful the salmon will return to us."

"This is what the fish need: more water," said Eric Booton of Trout Unlimited, which has helped raise awareness of the Eklutna River and helped support and fund some of the scientific research into how to fix the problems. "It's almost a miracle that all five species of Alaska's Pacific salmon have survived in the muddy trickle after all we've put the Eklutna River through over the past 66 years."

# data[].attributes.attachment_link.description
For the first time in 66 years, the Eklutna River will run uninterrupted from its headwaters to the sea late this September. The water release marks a significant milestone in the effort to restore the Eklutna River, or Idlughetnu in the Dena'ina language, and allow salmon to return to the river.

# data[].attributes.headline
In 2008 Anchorage recognizes and honors the Dena'ina People

# data[].attributes.subject
In 2008 Anchorage recognizes and honors the Dena'ina People

# data[].attributes.body
The Dena’ina Center was named to honor the Dena’ina People who have lived in the Cook Inlet Region since just after the last Ice Age.

# data[].attributes.attachment_link.title
Dena’ina Center - Overview — Anchorage Convention Centers

# data[].attributes.body
Established more than 800 years ago, Eklutna is the oldest location in the Anchorage area. Over time, the 326,000 acres designated as the Eklutna Indian Reservation had been reduced to just 1,819 acres; in response, the people of the village established a government office representing the Native Village of Eklutna in 1961 to protect land rights.

# data[].attributes.attachment_link.readable_text
CIRI shareholder Lee Stephan remembers a time when there were no cars-not on the Glenn Highway, at least. "In the '60s, you'd walk out to the highway, wait and wait, hours, and maybe one car would go by. Then you'd wave, they'd wave back. Boy, that was great-I saw a car today!"

Now, traffic on the highway is more or less constant. It's just one of many changes that's affected the village of Eklutna. Believed to have been established more than 800 years ago, Eklutna is the oldest location in the Anchorage area. Over time, the 326,000 acres designated as the Eklutna Indian Reservation had been reduced to just 1,819 acres; in response, the people of the village established a government office representing the Native Village of Eklutna in 1961 to protect land rights. In 1972, Eklutna Inc. was incorporated under the Alaska Native Claims Settlement Act, eventually becoming the largest private landowner in Anchorage.

"This used to be the center of the village," says Stephan, sitting outside the Native Village of Eklutna Tribal Government offices. He is the tribal council president and serves as vice president for the Eklutna Inc. board of directors. "In the 1960s, they had a community hall over here. Some place to visit and talk and work on the land claims. After the land claims passed, all kinds of organizations wanted things."

Over the years, those same organizations brought change to Eklutna-some good, some bad. In the 1990s, for instance, the village found itself going to court twice over acres located on one of two hills, or "knobs," adjacent to Eklutna, that interested parties, including the Alaska Railroad Corporation and the National Bank of Alaska, wished to rezone for mining granite.

"In the early times when I was growing up here, there were maybe 72 or 75 people here. That was Eklutna village. My village, the village I know. I knew everybody by name."
- Lee Stephan

Stephan points out that the Dena'ina name for Eklutna is Idlughet Qayeht'ana, which derives from the word "Idluytnu," meaning "plural objects river."

"That means that knob there, the other knob and the river," he explains. "Now, if you plow one knob down, what do you call Eklutna? We won that court fight. In the end, we got the whole Alaska Native community to get behind us."

Land has been an important issue to the village. Eklutna Inc. was incorporated to manage investments for its shareholders and act as stewards of its land holdings. Just last year, Wells Fargo Alaska returned a historically significant piece of land to a nonprofit affiliate of Eklutna Inc. through a donation to The Conservation Fund. The property is home to traditional semi-subterranean dwellings and storage caches that represent the few remaining Dena'ina structures still standing.

The tribal office of the Native Village of Eklutna has headed up a number of land- and environment-related projects over the years, including local river assessments, remediation of the Eklutna Army site and a road construction and maintenance project that provided work for local tribal citizens.

Work is a big concern for Eklutna residents, many of whom commute daily to Anchorage, Wasilla or Palmer. Stephan's son, Jacob, 29, works seasonally in Anchorage, but would prefer to stay closer to home.

"A lot of my friends moved to the Lower 48 for jobs," he said. "But I never thought about leaving. I did worry about finding work because we're so far out here. I usually do warehouse, customer service-type stuff in the winter. In the summer, I fish, hunt, set the net out."

It's the highway that changed many things, adds CIRI shareholder Debbie Fullenwider, former CIRI director and a member of the Eklutna board of directors since 1973. "It used to be just a dirt road that went by the village. Now it's paved and modern and there's more accessibility from the outside to the village, which made these changes."

But the people of Eklutna are making their own changes, too. Community members are active in the Tikahtnu Forum-a collaboration between CIRI and Cook Inlet region tribes, villages and nonprofits-and constantly seek and create new opportunities to bring business to the village. Plans are now in the works for a health clinic that can serve Eklutna and the surrounding area while also providing local jobs.

Even as the people of Eklutna look to the future, though, they have to remember to honor the past, says Fullenwider. "My mother always said, 'Don't forget who you are.' New, modern ideas come into the village, but we can't forget the traditional ways."

Local Perspective

Deborah Fullenweider

****

"I haven't retired. I keep hearing that rumor, but I never said I was retiring," insists Debbie Fullenwider. She's served in a variety of leadership positions on the board of Eklutna Inc. since 1973, including president and vice president. "I was the first president of the Eklutna board, and I think it was very unheard of then for a woman to be president. But the shareholders voted me in and the board elected me president."

She's not done serving shareholders and the people of Eklutna; she's just taking some time off. But Fullenwider's sense of responsibility won't allow her to be idle. She currently serves on the Anchorage Centennial Advisory Committee, helping to organize a year of events celebrating Anchorage's 100th year.

Fullenwider, who has been a director for both CIRI and Cook Inlet Tribal Council (CITC) in addition to working for the Federal Emergency Management Agency (FEMA), is motivated by the example of her grandfather, Chief Alex Vasily, the last tribal chief and medicine man of Eklutna.

"My grandfather was Athabascan, like myself, and we're quiet people," she describes. "We go in, we think things over, whatever it is we need to get done, we do. My grandfather taught me that it doesn't matter if you're male or female. You have responsibility. You do what's right for your people."

Part of doing what's right, for Fullenwider, is acting as a good steward of Eklutna's lands and making sure that, even as Eklutna continues to change and grow, the traditional Dena'ina culture of the village is honored and preserved. In 2010, she donated a portion of her grandfather's regalia, carving knives and other rare items to CITC as part of an exhibit of Dena'ina artwork and cultural objects.

"I never learned Athabascan," Fullenwider recalls. "My mother was afraid if I learned the language, they'd make fun of me at school. I had to speak very good English." So she didn't understand her grandfather, who only spoke Athabascan, or know what was happening when she was a young girl with a terrible cold, when Chief Vasily sprinkled oil, rang a bell to chase off evil spirits then made her a tea of dried devil's club.

"I was scared! I didn't know what was going on. But my grandfather healed people; that was his gift. My mother would translate for him. Now, I'm proud of my cousin, Aaron [Leggett], who is learning a dialect of Athabascan."

"My mother was afraid if I learned the [Dena'ina] language and went to school, they'd make fun of me. So I had to speak very good English. They were so afraid we'd be made fun of or admonished for speaking the language of our parents and grandparents."
- Deborah Fullenweider

The sense of responsibility Fullenwider's grandfather instilled in her extends to other members of her family, too, including Aaron's brother, Adam. "I'm very proud of him, too-he's running for the board for the Native Village of Eklutna. And my daughter, Kim Zello-I groomed her for all these years so one day, if I retire, she can take my place."

"If" being the operative word: Fullenwider is still working hard, with no plans to slow down in the near future. On a recent visit to the new Fireweed Business Center, still under construction, she wore red and black-her grandfather's colors-to honor the past even as she looked toward CIRI's future, and her own.

"My father, who was from Glasgow, Scotland, always said that education was important, and through it, we could progress," she reflected. "Now we've got technology, things are developing and changing, and we have to keep up with that. I'm not going to be left behind."

# data[].attributes.attachment_link.description
CIRI shareholder Lee Stephan remembers a time when there were no cars-not on the Glenn Highway, at least. "In the '60s, you'd walk out to the highway, wait and wait, hours, and maybe one car would go by. Then you'd wave, they'd wave back. Boy, that was great-I saw a car today!"

# data[].attributes.body
"Honor the past while shaping the future". After the ANCSA of 1971, the Dena’ina communities of Knik, Eklutna, Kenai, and Tyonek become a part of Cook Inlet Region, Inc.

# data[].attributes.attachment_link.title
Our Mission, Vision & Values | Cook Inlet Tribal Council

# data[].attributes.headline
Map of the current Dena'ina Athabascan land in Alaska

# data[].attributes.subject
Map of the current Dena'ina Athabascan land in Alaska

# data[].attributes.body
https://citci.org/about/who-we-are/cook-inlet-region/

# data[].attributes.headline
The Government of the Native Village of Eklutna

# data[].attributes.subject
The Government of the Native Village of Eklutna

# data[].attributes.body
"We continue to transition to the modern world while cherishing our ancestors, history, traditions, and culture."

# data[].attributes.attachment_link.readable_text
Background

Tribes in Alaska have become known by their primary village locations in federal legislation and formal agency documents. We existed and governed ourselves long before discovery. We continue to transition to the modern world while cherishing our ancestors, history, traditions, and culture.

We lived in various places throughout the year, before encroachment. Our laws were not written; they were passed down generation to generation. Our very survival depended on the whole community cooperating and following the nearly invisible, though well known, regulations.

Today, we operate under a constitution. The people have entrusted their governing powers to the Tribal Council. While similar to the United States, our branches of government are semi-separate. And, individuals wear many hats.

The Eklutna Native Village government office was organized in 1961 by the traditional people of Eklutna Village in order to be recognized for protecting land rights. By then, the 326,000 acre Eklutna Reservation had been reduced over the years to a mere 1,819 acres. The tribe became federally recognized and is recorded under IRS code 83.87, section 7871, the Indian Tribal Governmental Tax Status Act of 1982.

Legislature

Seven (7) Council Members serve three (3) year staggered terms. Annual elections occur in the winter. We have a Traditional Tribal Government, as in not formed under the IRA.

Judicial

Five (5) traditional Rule Keepers, (i.e. Tribal Judges) chosen by each prominent clan family. Chief Rule Keepers: "Kla' ye clan", "Nulchina clan", "Chysi'ye clan", "Tulchina Clan"

Executive

Tribal Council President, Vice President, Secretary, and Treasurer have duties outlined in our Constitutions. The President is our primary contact for leader to leader communications with governments and outside organizations.

Administration

The Tribal Administrator is in charge of the day-to-day operations of the Tribal Office and branches. Through the use of written policies and directions of the Traditional Tribal Council, the Tribal Administrator oversees all staff which includes long-term employees, several seasonal employees, day labor, and numerous consultants, and contractors

Gaming Authority

A nine (9) member board, includes the Tribal Council and appointed directors. The purpose of the Gaming Authority is "to develop the business capacity and economic expertise of the Tribe and manage gaming enterprises and related enterprises established pursuant to the Amended Tribal Gaming Ordinance."

# data[].attributes.attachment_link.title
About Native Village of Eklutna - Native Village of Eklutna

# data[].attributes.attachment_link.description
Tribes in Alaska have become known by their primary village locations in federal legislation and formal agency documents. We existed and governed ourselves long before discovery. We continue to transition to the modern world while cherishing our ancestors, history, traditions, and culture. We lived in various places throughout the year, before encroachment.

# data[].attributes.headline
The Alaska Native Land Claim Settlement Act of 1971.

# data[].attributes.subject
The Alaska Native Land Claim Settlement Act of 1971.

# data[].attributes.body
This Act established 12 regional corporations and a method of conveying surface estate (land) and subsurface estate (mineral and other resources) to each regional corporation.

# data[].attributes.attachment_link.readable_text
The first Alaska land law, the 1884 Organic Act, Section 8, states in part "... the Indians or other persons in said district shall not be disturbed in the possession of any lands actually in their use or occupation or now claimed by them but the terms under which such persons may acquire title to such lands is reserved for future legislation by Congress." The Act established the difference between Native land policies in Alaska and the lower 48 states. The United States did not move Alaska Natives to reservations.

Congress also adopted the 1862 Homestead Act and the 1906 Native Allotment Act. These acts established land ownership for individual Natives and non-Natives. The Native claims mentioned in the Organic Act remained unsettled.

State land selections and increased use of natural resources, including those initiated by the discovery of oil on the North Slope, followed statehood in 1959. Congress adopted the Alaska Native Claims Settlement Act (ANCSA) in 1971 to provide clear ownership of the land needed for the trans-Alaska oil pipeline. With the adoption of ANCSA, the land claims of the Alaska Natives, established more that 100 years earlier, were finally settled.

ANCSA provided for the creation of regional Native corporations and individual village corporations within each region. The Act also provided for conveyance of land to the appropriate village entity. Natives, as a group, received ownership or title to lands through transfer of title to regional and village corporations. However, individual village residents still did not have titles to the lands their homes were on, and few village governments owned land used for public purposes.

Congress recognized the need for land title for occupants of village lands. To meet this need, ANCSA provided that village corporations get ownership (interim conveyance or patent) to the available lands. Under ANCSA Section 14(c), the village corporation then reconveys the title for parcels used by qualifying individuals and organizations.

ANCSA Section 14(c)(1)(2) and (4) provides that the village corporation must make land available to individuals and organizations occupying the land on December 18, 1971 (valid existing rights). ANCSA Subsection 14(c)(3) provides that the village corporation shall convey to any municipal corporation or the state in trust, any lands identified for present and future community needs. Land conveyed in trust is deeded to the state's Municipal Land Trustee and is managed under the Municipal Land Trustee Program provided for in Alaska State (AS) 44.33.755.

Because the village corporations received title to only the surface estate, a municipal corporation or the state in trust receiving a 14(c) conveyance from the village corporation receives title to only the surface estates.

ANCSA Section 14(c) has five sections. This chapter deals with the four sections described below. These sections identify the individuals and organizations that can receive land from the village corporation under Section 14(c).

14(c)(1): states that the village corporation shall first convey claims by individuals, either Native or non-Native, who occupied lands as of December 18, 1971, as a residence, business, campsite, or reindeer husbandry. The transfer of land is made without payment (consideration).

14(c)(2): states that the village corporation shall convey claims by nonprofit organizations that occupied lands as of December 18, 1971. The village corporation may charge or require payment for the land. If payment is required, it must not be for an amount that is more than the fair market value of the land when the organization first occupied it. The fair market value must be based on land value without structures or other improvements.

14(c)(3): states that the village corporation shall then convey land for present and future public land uses to a municipal corporation in the village or to the state in trust.

14(c)(4): states that the village corporation shall convey land for airport sites and related navigational aids and easements as they existed on December 18, 1971 and additional land or easements for related services and approach zones. Title can go to the federal government, state, or municipality (city or borough).

ANCSA Subsection 14(c)(3) spells out the land to be re-conveyed to the municipal corporation or state in trust (if the community is unincorporated) for public purposes. It states "...title to the remaining surface estate of the improved land on which the Native village is located and as much additional land as is necessary for community expansion, appropriate rights-of-way for public use, and other foreseeable community needs... further , that any net revenue derived from the sale of resources harvested...shall be paid to the Village Corporation."

Improved land may be defined as "land conveyed under ANCSA to village corporations which is so changed from its natural state through valuable additions made to the land or through regular use by the residents of the village," as provided in the Municipal Trust Land regulations in the Alaska Administrative Code 3 AAC 190.990(5). The following are examples of changes that create improved lands:

community buildings;

sewage lagoons;

cemeteries;

landfills;

water storage tanks; and

similar public uses.

Sometimes village corporations propose to include post-1971 homes as a part of the remaining improvements that are to be conveyed to the municipality or state in trust. Because these homes do not qualify for 14(c)(1) conveyances, the municipality or the state in trust may be in a better position to transfer this land to the homeowner. Title 29 and Municipal Trust Land regulations have provisions that allow for the transfer of land where an equitable interest exists.

Next, consider the phrase "as much additional land as is necessary for community expansion." Communities need land for future projects and activities. As a community grows, it will require land for public use. ANCSA does not specifically define "community expansion." The municipality can propose land needed for community expansion and negotiate with the village corporation for that land. For example, although an existing housing project may provide for current residents, many young people in the community will need new housing in the future. The municipality may propose a future housing project site and a road right-of-way as 14(c)(3) land.

Understanding the phrase "appropriate rights-of-way for public use" first requires an explanation of right-of-way. A right-of-way is a right of passage over another landowner's ground. Types of right-of-way include:

Rights-of-way should include existing roads and trails and may include future roads and trails. Refer to Village Land Reconveyance Planning: A Handbook on ANCSA Section 14(c) for more information on rights-of-way.

The phrase "other foreseeable community needs" describes the community needs that can be seen or known in advance. Such needs are identified by the municipality and may be agreed to by the corporation. For example, the community may recognize that a landfill will be needed. A suitable site can be identified as a foreseeable need.

The last phrase quoted from 14(c)(3) is "provided further, that any net revenues derived from the sale of resources harvested..." The intent of this language is to state that if the municipality sells the timber or harvests resources from land received under ANCSA 14(c)(3), profits from the sale must go to the village corporation. Timber or other surface resources may be used for public purposes (to build a community hall, for example) without payment to the village corporation. Remember, the regional corporation owns the gravel and other subsurface resources and the municipality has no right to these resources for any purpose without the owner's consent.

ANSCA 14(c) decisions are important and require careful consideration: land ownership boundaries are established. Ownership boundaries identify the location of land that will be owned by individuals, nonprofits, businesses, and communities. Corporations and municipalities prepare and review management and land plans. These organizations usually define their goals and purposes to determine land needs. They then make plans to reach their goals. Structures, landfills, and other projects involving land are important parts of these plans. People have a chance to design their future community and plan for what the community will be like.

How to accomplish 14(c)(3) Reconveyance

Before you start the 14(c) process, keep four important points in mind:

Section 14(c) is federal law. It cannot be taken lightly. Village corporation lands remain subject to its provisions until the 14(c) claims are satisfied.

ANCSA allowed the individuals enrolled to villages to incorporate as either profit or nonprofit corporations. Therefore, village incorporated as profit corporations, according to state law, each village corporation has a duty to make a profit for its shareholders. This duty may be incentive for the village corporation to keep land that has commercial potential in the municipality or village.

Only land selected and conveyed by patent or interim conveyance to the village corporation is subject to 14(c). These are the only lands where 14(c) claims can exist.

Before the municipality acquires or disposes of land, it must have a land ordinance in place. Alaska Statute (AS) 29.35.090 states: "The governing body shall by ordinance establish a formal procedure for acquisition and disposal of land and interests in land by the municipality." This requires that the municipality must adopt a land acquisition and disposal ordinance before receiving or disposing of 14(c) lands.

Meeting Community Needs

Community members should know the powers and purposes of municipalities and village corporations to understand their roles in the 14(c)(3) reconveyance process. Both entities serve local needs and interests. By understanding the powers and purposes of each, the community can decide which can best meet the various needs of the community. For example, the municipality needs land for public purposes, such as a fire hall or public utility. On the other hand, the corporation needs land for its businesses, such as a retail store.

The status of land ownership after land decisions are made is another major factor in deciding which lands should be transferred. The village corporation is a private organization and may restrict use of its lands. The municipality must generally allow public access to lands and facilities.

Planning for 14(c)(3) Reconveyance

Staff time and other resources will be needed to complete the tasks of 14(c)(3) reconveyance. In some cases, existing staff can do the job. In other cases additional help will be needed. The Department of Commerce, Community, and Economic Development (DCCED) can provide sample documents, base maps for use in mapping boundaries, and some technical assistance in getting you started on the 14(c)(3) settlement process.

Getting Started

To make a 14(c)(3) proposal, the municipality needs to know its land needs and match them with the land available for 14(c). Land ownership, land suitability, current land use, and plans for community expansion (future land use) must be examined. The best way to understand the relationship between these factors is to plot the information on a base map. The explanation below describes how to create a base map and add the information describing each factor.

Base map: Start with a base map to plot information. An aerial photograph that shows existing structures and terrain features is the best way to illustrate the existing community. Often it is the only map available at a usable scale. DCCED can provide maps for most communities.

Draw information on the map or on clear plastic sheets that lie on top of the base map (overlays). The use of separate layers allows comparison of several types of information. Plot information on land ownership, current land use, land suitability, and future land use as discussed below.

Land ownership: Only land received by the village corporation under ANCSA is available for selection by the municipality under 14(c)(3). Within these boundaries, the following types of land ownership parcels, which are not available for selection, might be found:

private land holdings such as Native allotments;

patented mining claims; and

federal townsite land.

Current land use: Identify current land uses, including public buildings, residences, businesses, public use areas, roads and trails, and utilities.

Land suitability: Identify land suitable for development. Consider such things as:

Future land use: Determine future land needs of the community and identify areas to meet those needs. Show all planned development, private and public. Consider these types of development:

By using map layers that show future land use, you can develop a 14(c)(3) proposal. It should identify three types of land: right-of-way, publicly used land, and expansion land. Specific requirements for these lands are:

Right-of-way: Include existing roads and trails as well as roads to serve future development. Identify proposed and existing utility lines.

Public land: Include land used for public buildings and public uses.

Expansion land: Include land for future public buildings, facilities, and services. Include land for future housing if this has been identified as a need that the municipality will meet.

Make sure the 14(c)(3) proposal does not include 14(c)(1) or 14(c)(2) claims or other private land.

14(c)(3) Requires Mutual Agreement

Ideally, the corporation and the municipality agree to a jointly planned 14(c)(3) reconveyance. When the municipality or state in trust and the village corporation work together on the reconveyance, each will benefit from shared information on plans and capabilities.

Each party in the process can influence the final decision. The corporation does not proceed until it is satisfied with the 14(c)(3) proposal. The municipality or state in trust can influence the agreement because the law requires that any conveyance of less than 1,280 acres be agreed to in writing by the municipality or state in trust. Furthermore, any claimant not satisfied with the proposed conveyance can file suit within one year from the date the Bureau of Land Management (BLM) accepts the map of boundaries. Obviously, the process works best if the municipality or state in trust and corporation agree. This avoids delay in transfer of 14(c) land.

Written Agreement is Advised

A 14(c)(3) agreement, which describes the land and the terms of the contract, should be in writing. The law requires any agreement for less than 1,280 acres to be in writing. A written agreement preserves the negotiated results until the lands are deeded, which reduces the likelihood of confusion for new board members, council members, or staff. Once the parties have agreed on the lands to be conveyed, the land is not deeded until it is surveyed. The agreement allows land to be used between the time of the agreement and when the land is deeded.

Map of Boundaries

The map of boundaries is an important piece of the process. It is essentially a picture of the 14(c)(3) proposal. It is prepared by the village corporation and submitted to BLM. BLM requires the village corporation to sign a statement that all conflicts concerning the property lines shown on the map have been resolved.

Notice of Filing Map of Boundaries

BLM publishes a notice in the newspaper when the village corporation files a map of boundaries. If 14(c) claimants are not satisfied, Section 902(b) of the Alaska National Interest Lands Conservation Act (ANILCA) allows them up to one year from the date specified in the notice to file a legal action. BLM's responsibility is to survey the 14(c) lands from the instructions given on the map. BLM does not intercede for or against the 14(c) claimants. It is very important that the municipality or state in trust examine the map of boundaries to be sure that the 14(c)(3) claim is accurately shown.

Section 902(b) of ANILCA says: "(b) Decisions made by a Village Corporation to reconvey land under section 14(c) of the Alaska Native Claims Settlement Act shall not be subject to judicial review unless such action is initiated before a court of competent jurisdiction within one year after the date of the filing of the map of boundaries as provided for in regulations promulgated by the Secretary."

Plan of Survey

When BLM signs the map of boundaries, it becomes a plan of survey. The map is usually signed after the one-year period expires and no conflicts have been recorded in the courts. For more information, read the BLM policy on maps of boundaries. A copy can be obtained from BLM or DCCED. This policy is also in the Alaska Native Foundation (ANF) Handbook Village Land Reconveyance Planning.

Survey and Deeds

After the survey has been done and approved by BLM, the village corporation can issue deeds. The issuance of deeds completes the 14(c) process. The deeds should be recorded at the State Recorder's Office.

Why should the village corporation make conveyances under Section 14(c)?

14(c) conveyance is a requirement of federal law.

Until the village corporation completes Section 14(c) conveyance, there is an outstanding claim to village corporation land that prevents the village corporation from holding clear title to the land.

Determination of land ownership is necessary so that projects may be planned.

Section 14(c) conveyance provides for needs of shareholders and residents. Shareholders and residents may need title to their lands to improve their structures.

When should 14(c) conveyances be done?
ANCSA did not set a time frame for doing 14(c), however, information will be easier to obtain while most of the people who lived in the community in 1971 are still around. Some section 14(c) subsections have a vesting date of December 18, 1971. Establishing and describing the situation that existed in 1971 is more difficult if witnesses have moved or died.

Who makes 14(c) decisions?
ANCSA Section 14(c) places major responsibility on the village corporation for completing the conveyances. The village corporation needs to examine the situation in the order presented below and decide whether conveyances are needed for the following:

14(c)(1) claim of an individual: land occupied by a Native or non-Native person as a primary place of residence, business, subsistence campsite, or headquarters for reindeer husbandry as of December 18, 1971.

14(c)(2) claim of a nonprofit group: land occupied by a nonprofit organization as of December 18, 1971.

14(c)(3) claim of a municipal corporation or the state in trust: land within the boundaries of an existing municipal corporation in the village, or the state in trust (for any municipal corporation established in the village in the future) and as much additional land as necessary for community expansion, appropriate rights-of-way for public use, and foreseeable community needs.

14(c)(4) claim of a governmental agency: land used for an airport, beacons, and other navigational aids, related governmental services, and to ensure safe approaches as of December 18, 1971.

Who receives 14(c)(3) lands?
If there is an incorporated municipality, the municipality receives title to the land. If the community is unincorporated, the state holds the title in trust for a future municipality. The Municipal Land Trustee transfers the land to the municipality when it incorporates. If the community surrounding the village is unincorporated, and if the community and the Municipal Land Trustee agree, a borough can receive 14(c)(3) lands.

What does "state in trust" mean? Who is the trustee?
In an incorporated village (no municipal government), ANCSA requires that 14(c)(3) land must be transferred to the state. The state holds the land in trust until a municipality that can receive title is established. After incorporation, the state transfers all trust land to the new municipality.

According to state law, the responsibility for accepting and administering municipal trust land rests with the Department of Commerce, Community, and Economic Development (DCCED). The DCCED Division of Community and Regional Affairs staff performs the functions of the Municipal Lands Trustee Program. The phrases "state in trust" and "Municipal Land Trustee" mean essentially the same thing.

How does the state in trust make its decisions?
Provisions in the Alaska Administrative Code (3 AAC 190) guide the operation of the Municipal Land Trustee Program. Basically, the program provides for consultations with local residents to identify ANCSA 14(c)(3) land. The consultations are conducted through village meetings or discussions in which a representative group speaks for the village. The representative group is called the "appropriate village entity" (AVE). The Municipal Land Trustee must receive approval from the AVE before making land decisions.

How much acreage is the municipality entitled to?
ANCSA originally required the conveyance of 1,280 acres to a municipality under Subsection 14(c)(3). The 1981 Alaska National Interest Lands Conservation Act (ANILCA) changed that requirement to be less than 1,280 acres if the Village Corporation and the Municipal Corporation or the state in trust can agree in writing to a lesser amount.

DCCED encourages corporations and villages to focus on what they will need for future facilities and land use, rather than on a set amount of acreage.

Is land needed for new housing conveyed under 14(c)(3)?
If the village corporation will be developing land for houses, the corporation does not need to convey land to the municipality or the state in trust for housing. In some communities, however, the municipality may want to make public land available at less than market value or transfer free land to a housing authority for a public housing project. In these instances, land needed for housing is eligible for a 14(c)(3) conveyance.

Does a federal townsite alter the 14(c)(3) transfer?
A community with a federal townsite may find that many of its community land needs are met by land received from a federal townsite conveyance. A village corporation in a townsite community does not have a lesser obligation; however, the 14(c)(3) process may show that many of the community needs are already met. Similar to the state's Municipal Land Trustee concept, federal townsites created under federal law are under the oversight of the federal townsite trustee. The federal townsite trustee for Alaska is the Bureau of Land Management.

How are Native allotments handled under 14(c)?
Native allotments take precedence over a village corporation's land selections and any 14(c) claim. Many Native allotment claims are not surveyed and the boundaries are unknown. Any entity working on 14(c) needs to determine early in the process and the best extent possible the location of Native allotment claims.

Do 14(c) land conveyances require payment for land?
The following payment requirements pertain to subsections of 14(c):

14(c)(1): claims by individuals - ANCSA does not allow payment to the corporation.

14(c)(2): claims by nonprofit organizations - ANCSA allows payment at the corporation's discretion.

14(c)(3): land needed for public uses - ANCSA does not discuss payment.

14(c)(4): land needed for airports - ANCSA does not discuss payment.

The position of the state in trust for unincorporated villages is that payment is not required for land received through 14(c)(3) from the village corporation.

Can reverter clauses or other restrictions be used in 14(c) conveyance documents?
A reverter clause is a condition in the deed that requires title to "revert" to the previous owner (in this instance, the village corporation) if the recipient fails to do something required by the deed or does something not allowed by the deed. ANCSA is silent on the subject; however, most people believe reverter clauses can be put into the deed only if the municipality or state in trust agrees. Most reverter clauses require the municipality to use the land only for public purposes or the title reverts to the corporation. The state in trust is prohibited by regulation from accepting reverter clauses or conditions attached by the village corporation to 14(c)(3) land.

How can the municipality get permission to use land before a 14(c)(3) agreement is reached?
Sometimes a municipality needs land before the corporation is ready to complete the agreement. If the municipality needs land for a project, the corporation can give it permission to use the land by issuing a deed or an interim lease.

Deed - The corporation can give the municipality a deed as a partial conveyance under 14(c)(3). The deed includes either a surveyed land description or a metes and bounds description subject to a survey to be performed later. The weakness is that if the survey done later does not match the description, a new deed must be issued with the proper description. A major problem is the danger of conveying land that is really a 14(c)(1) claim.

Interim lease - The corporation can lease the parcel to the municipality for the life of the project with a provision that the lease expire on a certain date or when the final 14(c)(3) land is deeded to the municipality. This process can be completed faster than issuing a deed, and if a 14(c)(1)claim arises, a problem can be dealt with more easily than when a deed has been issued.

Revised 06/08/2021

# data[].attributes.body
This is an extensive history of the Dena'ina People. It starts at 12000 BP. when the Ice Age ended and people enter the Cook Inlet Basin up to current events today. It describes the introduction of the Russians, the fur trade, the gold rush, Boarding schools, the development of the Alaska Rail Road, and how the Dena'ina tribes resisted and stayed resilient.

# data[].attributes.body
Brief overview of Eklutna Dena'ina tribes. The largest private landholders in the Anchorage Municipality

# data[].attributes.attachment_link.readable_text
The Dena'ina are an early indigenous population of the Knik Arm area. Anchorage lies within Dena'ina Elnena (Dena'ina Country) and is home to the K'enaht'ana, the indigenous people of Nuti (Knik Arm), who today are members of the Eklutna (Eydlughet) and Knik (K'enakatnu) tribes. At present, however, public representation of Dena'ina history and culture is almost nonexistent in Anchorage.

Historically, the Dena'ina people were very peaceful and lived off the land. The Dena'ina fished, hunted and gathered wild plants in and around the lands between the Chugach and Talkeetna Mountains in Upper Cook Inlet, long before Anchorage was founded.

In the late 1700s, Russian settlers arrived in the Cook Inlet region and traded furs with the Dena'ina, built churches at Knik and Eklutna, and established the legacy of the Russian Orthodox religion. Miners and traders soon arrived in the area and seized most of the Dena'ina lands north of the Knik Arm. In 1915, the U.S. government decided to build the Alaska railroad directly through Dena'ina land, resulting in an influx of people that "founded" Anchorage as a city. The sudden increase in population introduced an influenza epidemic that wiped out nearly 90 percent of the Dena'ina people.

The Dena'ina that did survive watched as their traditional homeland was slowly engulfed and expropriated by an ever-increasing number of newcomers to the state. Between the "founding" of Anchorage as city in 1920, two military installations built during World War II, private development, State Road and Rail right of ways, and the tapping of water from Eklutna Lake to satisfy the growing demand for drinking water and hydro electrical generation. Later, Eklutna Lake was included, as part of the third largest state park in the United States and Eklutna people were no longer allowed to practice traditional subsistence activities in this culturally significant area. On December 18, 1971, President Richard Nixon signed into law the Alaska Native Claims Settlement Act (ANCSA) that allowed Alaska Natives to retain 44 million acres of land and a cash settlement. This act created 13 Regional Corporations and approximately 175 village corporations. Eklutna, Inc. was formed on October 17, 1972 as one of the village corporations. In the ensuring years, Eklutna, Inc. has executed several different strategies to find a balance to maximize its position as the largest private landholder within the Municipality for its shareholders while still working hard to retain its Dena'ina identity. In June 2006, Mayor Mark Begich and the Anchorage Assembly announced that the Dena'ina people and their heritage were going to obtain the recognition that they deserve. Anchorage has built a $120 million convention center that is respectfully named "The Dena'ina Convention Center," which will educate residents and visitors alike about the rich history we all share with the original people of the Anchorage area.

# data[].attributes.attachment_link.description
Eklutna Native Culture The Dena'ina are an early indigenous population of the Knik Arm area. Anchorage lies within Dena'ina Elnena (Dena'ina Country) and is home to the K'enaht'ana, the indigenous people of Nuti (Knik Arm), who today are members of the Eklutna (Eydlughet) and Knik (K'enakatnu) tribes.