Congressional Delegation Introduces Chugach Alaska Land Exchange and Oil Spill Recovery Act
WASHINGTON — U.S. Senators Lisa Murkowski and Dan Sullivan and U.S. Representative Nick Begich (all R-Alaska), introduced the Chugach Alaska Land Exchange and Oil Spill Recovery Act to direct a land exchange between the federal government and Chugach Alaska Corporation (Chugach). This exchange would resolve conflicts that exist between the Exxon Valdez Oil Spill (EVOS) Trustee Council’s Habitat Protection Program (the “Program”) goals for federal habitat conservation of surface lands impacted by EVOS and Alaska Native Claims Settlement Act (ANCSA) promises to Chugach for economic development of subsurface rights under these same lands.
The land exchange directed by this legislation would require Chugach to trade 231,000 acres of subsurface estate (under surface fee and conservation easements on surface land owned by the federal government) for 65,403 acres of fee simple land owned by the federal government. Most of the lands that would be exchanged were identified in the Chugach Region Land Study and Report to Congress from December 2022. Congress directed the study in Section 1113 of the John D. Dingell, Jr. Conservation, Management and Recreation Act (Public Law 116-9; 133 Stat. 614) which Murkowski authored.
“The effects of the Exxon Valdez oil spill on Native people in the Chugach region are still felt –environmentally, socially and economically. We must continue to take steps to move forward with recovery and that includes fulfilling the promises of ANCSA to Chugach, the Alaska Native Regional Corporation,” Senator Murkowski said. “I am proud to reintroduce this legislation, which is a “win-win” for Chugach and the federal government’s EVOS program goals.”
“In the aftermath of the Exxon Valdez spill, Chugach Alaska Corporation not only had to deal with the devastating environmental consequences for the region, but also misguided federal restrictions on their ability to develop resources on their lands,” said Senator Sullivan.“Senator Murkowski, Congressman Begich and I are reintroducing legislation to amend ANCSA—as has been done many times throughout history—and facilitate a commonsense land exchange already studied extensively by BLM and the Forest Service. Our legislation will help address the evolving needs of Prince William Sound communities and create economic opportunities and cultural benefits for thousands of Alaska Native shareholders in the Chugach region, as intended under ANCSA.”
“This land exchange corrects a decades-old misstep that has kept Chugach shareholders from fully benefiting from their own land and resources. With this legislation, we’re protecting our resources while restoring the rights of Alaska Native landowners,” said Congressman Begich. “I am proud to lead this legislation in the House and look forward to working with the delegation to continue restoring Alaska’s right to self-determination and ensuring responsible stewardship of our state’s resources.”
“We are deeply grateful to Senator Lisa Murkowski, Senator Dan Sullivan, and Representative Nick Begich for their unwavering leadership and advocacy on behalf of Chugach and our people and communities,” said Sheri Buretta, Chairman of the Chugach Board. “Their decision to reintroduce this legislation underscores the significance of this exchange resolving long-standing split-estate conflicts in the region — not only for our corporation, but for the broader public interest, the State of Alaska, and the federal government. Chugach stands ready to work in close partnership with Congress, federal agencies, and all stakeholders to help advance this process. Our commitment to cooperation is rooted in a shared vision of responsible stewardship, economic opportunity, and enduring respect for our connection to these lands that have sustained our people for millennia.”?
BACKGROUND:
On March 24, 1989, the Exxon Valdez oil spill discharged approximately 11 million gallons of crude oil (enough to fill 17 Olympic-sized swimming pools) into Prince William Sound and adjoining waters in Alaska. It was one of the most environmentally damaging disasters in world history.
The Chugach Region experienced great social and economic harm from the oil spill. Government recovery efforts, though well-intentioned, also had negative impacts and did not always include the voices of the Alaska Native people who have stewarded these lands for millennia. Thirty-five years later, the people and the environment are still recovering.
Through Section 1113 of the John D. Dingell, Jr. Conservation, Management and Recreation Act of 2019 (sponsored by Murkowski; Public Law 116-9), Congress directed the Secretary of the Interior, in coordination with the Secretary of Agriculture and in consultation with Chugach Alaska Corporation, to conduct a study and provide a report to Congress assessing the social and economic impacts of the EVOS Trustee Council’s Program on Chugach, Chugach lands, and on the Chugach Region. The study was also required to identify sufficient acres of accessible and economically viable federal land that could be exchanged with Chugach.
Under the Program, the Trustee Council used funds acquired from the companies responsible for EVOS to purchase fee title to 134,121 acres of surface estate lands, and purchased conservation easements on an additional 66,073 acres of surface estate lands, from four of the five Village Corporations in the Chugach Region that had been conveyed to them under ANCSA. Chugach was not a party to any of these acquisitions but owns the subsurface, or mineral estate, for all of the lands in which interests were acquired by the federal government from the Village Corporations under the Program.
Some surface lands and conservation easements on surface lands acquired by the federal government under the Program went into the state and federal park systems, but most went into the Chugach National Forest, managed by the U.S. Forest Service.
The EVOS Program lands (fee surface estate lands and conservation easement lands) are subject to restrictions on any surface development that is inconsistent with maintaining their wilderness characteristics. Therefore, Chugach is effectively prohibited from taking any steps to develop its subsurface interests and needs alternative lands to realize the meaningful economic benefits promised in ANCSA.
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