Author Archives: alaskaindigenous

In Response to Fairbanks Daily Newsminer article on Alaska Land Into Trust issue: “Alaska Native lands ruling stirs deep concern”

Link to article here.  ADN op-ed linked here.
The interlocutor for the “con” side of the reporter’s story on the latest land into trust development, stemming from the DC Court of Appeals decision handed down last week in Akiachak v. Salazar, is a non-Native individual who is strongly interested in halting or stalling “federal overreach” on public lands in Alaska through the state instrumentality Citizens’ Advisory Commission on Federal Areas (CACFA). The individual as reported took it upon herself to proscribe “what is best” for Alaska Natives who have proudly resided both within the state and in some cases across international boundaries for millennia.
For the “pro” side of the argument, the reporter sought the Alaska Native Claims Settlement Act (ANCSA) non-profit advocacy organization Alaska Federation of Natives (AFN). While AFN is technically made up of individually enrolled tribal members who also happen to be shareholders of ANCSA regional and village corporations, the primary concern of AFN is to promote the interests of the for-profit ANCSA regional corporations based in the state. Can the President of AFN speak for the specific interests of each tribal government in Alaska? Much less can the press secretary of AFN speak for the specific interests each tribal government in Alaska? Rightly, no, which is why no statement was forthcoming from AFN officials for the purposes of the reporter’s story.
The tribes themselves can only speak to their own interests, and the three tribal government appellees of Akiachak v. Salazar know their reasons for fighting the federal and state governments for over two decades to apply for small parcels of land to be held in federal trust. Since each tribal government is named in the court reporter summary attached to the case, why did the reporter not attempt to contact their offices, and if the reporter could not reach any tribal officials for comment, why was it not mentioned in the story reaching a state-wide audience?
Already members of the Alaska Outdoor Council and former AFN General Counsel Donald Craig Mitchell have been providing landslide logic and doomsday scenarios knocking on our very doors, ranging from between the “Balkanization” of natural resources and lands management within state boundaries, or that “Indian casinos” are going to pop up in quick order from Barrow to Atka and Ketchikan and everywhere in between, now that tribes in the state at last have a low-impact channel to become land-owners and managers of land, in small parcels that cannot be under threat of willing or hostile sale due to the federal trust status. The Secretary of Interior and the Assistant Secretary of the Bureau of Indian Affairs will certainly not accept land into trust applications willy nilly regardless of any larger consequences beyond the applicant tribes, per the BIA Land Into Trust handbook, recently pointed out by op-ed contributor and Canadian Métis UAF adjunct professor of federal Indian and ANCSA law Jenny Bell Jones.
There have been instances of ANCSA village corporations transferring all or some of their lands to tribal governments – communities made up of corresponding shareholders and tribal members – which required a super-majority board of directors’ vote and super-majority shareholders’ vote following broad consensus amongst their communities. This should make it clear not every ANCSA regional and village corporation are going to transfer large swaths of their lands to their corresponding tribal governments as part of a land into trust application, which would be two very different and unrelated processes to begin with.
I hope the next land into trust story from the Fairbanks Daily Newsminer will feature due diligence from one or more of their reporters, and not feature a one-sided argument from a non-Native individual on the negative aspects of diverse Alaska Native tribal government applications for land into trust.
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Governor of Alaska and the Tribal Advisory Council

On October 14th, 2015 at the Egan Center in Anchorage, during a National Congress of American Indians and Alaska Federation of Natives co-hosted meeting of tribal leaders and Governor Walker and his Cabinet members, the governor signed Administrative Order No. 277.  AO277 created the Governor’s Tribal Advisory Council, or GTAC, where 11 tribal leaders from around the state will be nominated and selected amongst the sovereign tribal governments to sit for three years and to advise the Governor of Alaska on 11 different but inter-related Alaska Native issues:

1. Education

2. Healthcare

3. Subsistence

4. Energy

5. Public safety and justice

6. Wildlife and fisheries

7. Economic development

8. Housing

9. Transportation

10. Language

11. Culture

Not since Governor Tony Knowles has such high-level acknowledgment been achieved between the State of Alaska and the 266 federally-recognized tribal governments located within the state, and before that not since ANCSA was passed in 1971 has such a high-profile been designated to Alaska Natives by the state.  Governor Knowles made a misstep, however, in the year 2000 with the “Millennium Agreement,” where the agreement stipulating a state-tribal relationship required an “opt-in” clause for tribes to sign the agreement.  The “opt-in” clause waived sovereign immunity in some respects, automatically creating an unequal partnership between the state and any tribe that signed the agreement.  As a result, not more than 50 federally-recognized tribal governments signed the agreement, and the subsequent “state-tribal relationship” spelled out in the agreement halted entirely.

Under the guise of AO277, there is no waiver or any other reservation requested or required by the state for tribal governments to nominate seats; 11 tribal leaders will have direct access to the Governor’s office and to the various departments under his or her charge, with direction to advise on the 11 topics numbered above.  For too long has the State of Alaska literally fought tooth and nail politically, policy-wise, and in the courts tribal governments around the state.  A few lucky tribal governments have successfully applied for and received “Capital Improvement Project” monies from the legislative Capital budget process, but with the literal drain of funds for FY16 and beyond due to the crash in crude oil prices, options for tribal government participation in the state government apparatus looked minimal.  With GTAC in the opening stages, there is much potential for years of wrongs to be righted in terms of state-tribal relations, and therefore improving tribal governance and increasing governmental capacity in the most remote areas and regions of the state.

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UAF Interior-Aleutians Campus to Host Alaska Native Fish and Game Co-Management Seminar November 19th & 20th, 2015 in Fairbanks, Alaska

Co-Management Symposium

Weaving Together Two Worlds

Purpose: A forum to build understanding, relationships, and knowledge for advancing the co-management of Alaskan fish and wildlife resources.

Progressive focus: Shared value of healthy ecosystems, healthy populations, and resource abundance.

Co-Management is the term that defines systems and opportunities that provide an adequate and meaningful role for Alaska Natives in management of traditional resources. Alaska Natives and their Tribal governments, Tribal consortiums, nonprofits, and corporations have served as stewards of their traditional lands and resources for thousands of years maintaining healthy and productive ecosystems, they have proven knowledge, skills, and abilities to adequately manage Alaska’s fish and wildlife resources. Co-Management refers to a system where those relying upon the resources have a substantial role in making decisions about the management for healthy, productive ecosystems and populations.

Who is this symposium for?
This event will bring together University of Alaska researchers and staff, Alaska Native Tribal and ANCSA corporation leaders and staff, state and federal fish and game managers, and those with the vested interest in seeing successful co-management in Alaska.

Co-Management Symposium – Day 1 & 2
Building on a historical perspective of fish and wildlife management in Alaska, speakers will focus on the contemporary challenges and opportunities for co-management in Alaska today. Successful examples of co-management in action will be highlighted, one-to-one sharing and dialogue will be incorporated,  and collaborative solutions will be identified.

Co-Production of Knowledge – Day 3
In conjunction with the Co-Management Symposium there will be an optional third day for Tribal leaders/staff, university researchers, and agency researchers  that are interested in developing collaborative research partnerships. This interactive workshop will be particularly useful for Tribal leaders who are seeking partners for identified research priorities.

http://tribalmgmt.uaf.edu/co-mgmt

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The Politics of Dispossession – Alaska Context

For the past 10 years I have closely read federal Indian law, from the Supreme Court “Marshall Trilogy” cases to the latest amendments made to the Alaska Native Claims Settlement Act of 1971.  I have even compared Aboriginal law and policies between Canada, New Zealand, and Australia.  There are many similarities between all of the former British colonies, or the indigenous peoples’ lands occupied by Euro-Americans.  The League of Nations, of which the Covenant was signed and entered into force in 1920, and the modern-day version United Nations, organized in 1945, would not recognize the unique rights of indigenous peoples across the globe until 2007, when the UN Declaration on the Rights of Indigenous Peoples was agreed to by the UN General Assembly.  Even then, the declaration is not legally-binding, and only provides guidelines or a framework for nation-states to “begin on the right foot” recognizing indigenous peoples’ relations within fluid laws and policies.  I say “fluid,” because the aim of many indigenous peoples – around the globe, not just in Alaska, not just in Canada, New Zealand, Australia and many countries elsewhere – is to further improve upon the accommodation of indigenous peoples within Western legal regimes.  In this modern day and age, should the Marshall Trilogy really be the pillar of US federal Indian law?  Should Native Americans across the US really allow themselves to continue to be characterized by racial and discriminatory stereotypes, like savages, hunter-gatherers, and plain uncivilized?

Simultaneously, the bilateral Treaty of Cession of 1867 between the US and the Russian Crown made a distinction between “civilized” and “uncivilized” Alaska Natives.  According to ourselves, as Alaska Natives, we were never less than civilized.  The Treaty of Cession also included brief mention of “creoles,” as a social and cultural class.  In the fall of 2006 I attended a doctoral dissertation lecture in anthropology by a young Russian lady from St. Petersburg, and her work only included those of “full-blooded” Russians in what is sometimes labelled Russian America.  After she gave her practiced lecture, I raised my hand and asked about Russian creoles or mix-bloods.  She commented it was an interesting question, and replied “I haven’t considered that.”  How can one spend an academic career examining Russian America history and not consider the implications of blood, social, and cultural creoles?  My paternal ancestral line descends from such a lineage.  I had never met nor heard of the young lady prior to her lecture, but how could I not be personally offended by the occlusion of Alaska Natives from such an in-depth, broad historical academic treatment of government and Russian America Company records?  I am still to this day nine years later incredulous and dumbfounded.

All of my grandparents, whom none were non-Native, were born before 1936, the year the Indian Reorganization Act was implemented in Alaska, creating “tribal governments” which the federal government would recognize and treat with on a government-to-government basis.  I imagine all of my grandparents were enrolled into one tribal government or another, even though they all moved from seasonal camp to seasonal camp and did not stay in one place for long.  I also imagine Bureau of Indian Affairs “Indian agents” also pushed on their parents, whom six out of eight were Koyukon Athabascan, to apply for Indian allotments from the 1898 congressional Dawes Act, where individual Native Americans could apply for and receive up to 140 acres of land within their home regions.  From these applications, my four grandparents inherited acreage and so too my parents.  I believe my father inherited a parceled allotment in Galena, and my mother her own parceled allotment in Tanana.  In 2008 I went to Tanana for the first time in twelve years since my grandmother Maudrey’s memorial potlatch in 1996.  I walked around and reminisced and visited with family friends whom were long lost to me, but they knew who I was and never left Tanana for a single day as far as they were concerned.  One of the elders reminded me to look into allotments my grandmother’s family had held and inherited over the years.  Apparently the deeds to several parcels were not accounted for, down the Yukon River from town, as she explained to me.  My cousin and I went for a boat ride down that way to take a look around for animals and stopped at grandma’s old camp to check it out.  Maybe that is where parcels are held in name, I’m not really sure.  I haven’t had the time, nor the expertise, to look into the record, but I imagine from time to time, when I get inheritance papers and identity verification and other such records on my desk, as is temporally required for all of us humans, I will have to look into the record and work with many others to set it straight.  It would only serve our ascendants right.

Next comes the Alaska Native Claims Settlement Act, which dates to my parents’ generation.  In 1971 only my grandmothers survived with their children.  My two younger brothers and I grew up with twenty-one aunts and uncles and countless first cousins.  I have decided I am nothing without my first cousins in the same town, Juneau, where I currently reside.  I tell people, besides law or graduate school, this is the first and only time I will ever live away from my first cousins.  I have decided we are that important to each other, in so many respects, for identity and support as all-too-brief examples.  Rewinding to ANCSA, my grandmothers and my parents and their siblings, in addition to tribal enrollment – my father in Louden Tribal Council and and mother in Tanana Tribal Council, all enrolled into Doyon, Inc, the regional corporation for Interior Athabascan peoples.  My dad and his siblings were enrolled into Gana-A ‘Yoo, Ltd, the village corporation for Galena, and my mother and her siblings enrolled into Tozitna, Ltd, the village corporation for Tanana.  Concurrently, my mother’s maternal uncle Morris Thompson was the Commissioner of the Bureau of Indian Affairs in Washington, D.C.  Governor of Alaska and soon-after Department of Interior Secretary Wally Hickel and US Senator Ted Stevens at the time had a hand in appointing him to the national position of working with federally recognized tribal governments.  BIA was the federal agency that organized and footed the bill for public hearings on ANCSA and community referenda held across the State of Alaska and even in some Northwest states like Washington, Oregon, and California for Alaska Natives living out of state.  “Uncle Big” would then go on to lead Doyon, Ltd and sit in various statewide leadership positions like the University of Alaska Board of Regents.  I remember him well from my childhood, and would very much appreciate the benefit of his views and insights to this day on state and Native politics, as do many others around the state I’m sure.  I do not hear the label “tribal shareholders” very often, but it does ring a bell: it denotes the dual-recognition Alaska Natives receive from the federal and state governments, and also a sense of unity between ANCSA corporations and tribal governments, which in reality is not always the case.  Either way, many Alaska Natives are both tribal members and ANCSA corporation shareholders, and we all have the right to vote in either forms of elected leadership of our peoples.

Continuing on to my personal experiences and engagement in federal Indian laws and policies, I have worked for Doyon Drilling, Inc, a subsidiary of Doyon, Ltd, and also for the Tanana Chiefs Conference wildland firefighting crew.  Because I am a shareholder of Doyon, I receive a preference for hire in business enterprise like Doyon Drilling, Inc.  The Tanana Tribal Council is a consortia member of the Tanana Chiefs Conference, and since I am an enrolled member of the Tanana Tribal Council, I receive a “Native preference” for hire under the Indian Self-Determination and Education Assistance Act of 1975, where tribal members are preferential ahead of non-Natives for hire in tribal governments and federal government agencies like BIA.  Uncle Big coordinated efforts on behalf of tribal governments around the country during the Congressional push for the ISDEAA, when he was BIA Commissioner.  I have worked for many other businesses around the state, and with many good people Native and non-Native, but the qualities of working for and with my fellow Native peoples is invaluable.  How easy it would have been for me as an impressionable young-twenty-something kid in the City and Municipality of Anchorage to make it in the non-Native world, not at all cognizant of “Native pride” or a sense of family history going back further – millennia – than “Western expansion.”  It sounds beyond cheesy, but if the preferential-hire programs did not exist, I would not be where I am today in my career, and prideful as I am of my family history.  At 21 years old going to work for Doyon Drilling put me next to people who have known my family for generations, and I now know and enjoy friendship with many of those people, even though I had grown up in Anchorage.  My first fire season in 2010 I was a member of an all Native squad of five members.  I never enjoyed working 16 hour days for two weeks straight than that experience with those four guys from a different region than I.  I can go to their villages at any given time and their friends and family would treat me as one of their own.

Recently, I was employed by a village corporation to process share transfers from the deceased to their named or by probate inheritors of stock. In the last decade the board of the village corporation decided on transferring whole shares to inheritors, to keep shares from becoming highly fractionated. Some shareholders hold stock up to three decimals, or essentially irrational amounts of shares, not to be equally divided until the shares return to the corporation itself. I was able to tabulate which classes of shares belonged to different age groups, and the board appreciated the work. We’re hoping the board can draft up new policies like creating a new class of shares for the “afterborns,” or descendants of original shareholders born after December 18th, 1971. Even with new enrollment of afterborns, much like fractionated Indian allotments from the 1898 Dawes Act, ANCSA shares are due to become just as complicated as the generations of shareholders age and new enrollees come into the fold. What is especially difficult is for an aged shareholder naming inheritors of their ANCSA stock, where some descendants might be favored and others left out. These are paradoxes concerning individual property vs. collective property.

This is how deep and important and vital Native identities are.  I carry around with me at all times my tribal enrollment card.  Because of the ID card, I can freely use Southeast Alaska Region Health Consortium healthcare services, an Indian Health Service “638” Self-Determination compacting and contracting consortia of Southeast Alaska tribes.  Despite all of this success, what is still at stake – and this is in closing – is subsistence.  ANCSA “extinguished” the exclusive subsistence, hunting and gathering rights of Alaska Natives.  It is our way of life, is in no way an understatement.  Federal lands, fish, and game management agencies recognize rural residency for subsistence harvesting, unless exclusive rights are explicit like the Marine Mammal Protection Act and Alaska Native rights to hunt seals and waterfowl.  State lands, fish, and game management, however, recognize no exclusive Alaska Native right to hunt and gather.  Some say state agency managers even work to stall and obstruct federal agency management of subsistence harvesting by Alaska Natives.  When Alaska Natives participate in state agency decision-making fora, we are forced to explain our subsistence practices to sport and commercial fisherman, who often view these practices as “poor,” or “wanting.”  Our way of life has never been poor or wanting, nor do we wish to take animals simply for sport.  The best intersection is commercial fishing between Native and non-Native.  The State of Alaska has one of the longest coast-lines in the world, and all of the regions practice commercial fishing in one form or another.  Even so, local fisherman need protections like the state “limited entry” program, where locals receive and enjoy exclusive commercial fishing rights to a region, and the federal Community Development Quota program, much like the state’s limited entry, but for three miles offshore and beyond to 225 miles in the US Exclusive Economic Zone.  The State of Alaska Board of Game, which manages big game hunting like moose, in the past three decades only allowed for exclusive Alaska Native subsistence harvesting for memorial potlatches in the Interior.  The State of Alaska Board of Fish only has one designated “subsistence” expert seat out of seven total.  The same interests carry their weight in the Federal Subsistence Board to integrate as much as possible state management laws and policies for federal lands like National Parks and Wildlife Refuges around the state.  The political, social, and cultural voices and participation of Alaska Natives have almost been reduced to nothing in the modern lands, fish, and wildlife management in the State of Alaska.  I think about this, a lot, just about on a daily basis.  I can go before the boards and state similarities between the US, Canada, New Zealand, and Australia for subsistence harvesting, but I would only be patted on the head and be sent on my way.  There has to be a core, fundamental shift in how these boards operate and accommodate Alaska Native subsistence harvesting practices.  Maybe, just maybe, the unreachable ideological heights of the UN Declaration on the Rights of Indigenous Peoples can find some form of applicability in the State of Alaska when it comes to Alaska Native subsistence practices.  The guidelines have to come from somewhere.

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HB 216 Alaska State House Democrat Minority Party Press Release

http://www.akdemocrats.org/

FOR IMMEDIATE RELEASE

April 21, 2014

 

Legislature Makes Alaska Native Languages Official State Languages

 

JUNEAU – Just after 3:00 a.m. this morning, the Alaska Legislature approved legislation (HB 216) making each of the Native languages in Alaska an official language of the state. The Alaska Senate voted 18-2 to approve the measure today in front of dozens of supporters. A spontaneous grassroots sit-in involving well over 100 people started at noon in the Capitol and lasted until 3 a.m. The measure has had tremendous public support throughout the process, including rare applause from supporters in both the Senate and House galleries and impromptu celebrations in the Capitol hallways as the bill moved through the committee process.

 

“In this late hour, on the night of Easter, we are excited to bear witness to the Alaska Senate passing this history-making bill to officially recognize our Alaska Native languages in the state they were birthed in,” said Elizabeth Medicine Crow, CEO of First Alaskans Institute.

 

“Today, we recognize Alaska Native languages as Alaska’s languages,” said Jonathan Kreiss-Tomkins. “This is not my bill or any other legislator’s bill. This belongs to the Alaskans in the Capitol and across the state who gave their Easter Sunday to see HB 216 passed into law. This bill belongs to the people.”

 

“Through this long day, we stood in unity for our dearly departed, our grandchildren that are to come, our elders who give us strength, and one another,” said Lance Twitchell, a Native language professor at the University of Alaska Southeast. “We stood for our languages and equality, and at long last we succeeded.”

 

The bipartisan legislation is prime sponsored by Representative Jonathan Kreiss-Tomkins (D-Sitka), Representative Charisse Millett (R-Anchorage), Representative Benjamin Nageak (D-Barrow), Representative Bryce Edgmon (D-Dillingham), and Representative Bob Herron (D-Bethel), and has 18 other cosponsors in the House.

 

“The passage of HB216 by Alaska’s Legislature is a timely victory for language preservation in our state—nineteen of our twenty Alaska Native languages have been identified as critically endangered of becoming extinct in our state, and the remaining one is listed as endangered.  It is critical that all Alaskans take proactive measures now to strengthen our indigenous languages. Through well-planned and implemented programs, we can reverse this declining trend together,” said Annette Evans Smith, President and CEO of the Alaska Native Heritage Center and chair of the Alaska Native Languages Preservation and Advisory Committee.

 

In current state law, English is Alaska’s only official language. This bill expands the list to include Iñupiaq, Siberian Yupik, Central Alaskan Yup’ik, Alutiiq, Unangax̂, Dena’ina, Deg Xinag, Holikachuk, Koyukon, Upper Kuskokwim, Gwich’in, Tanana, Upper Tanana, Tanacross, Hän, Ahtna, Eyak, Tlingit, Haida, and Tsimshian. Passage of the bill will not require public signs and documents to be printed in multiple languages, and it will create no additional costs to the state.

 

“Native culture enriches the lives of Alaskans in so many ways,” said Millett. “Naming Alaska’s twenty indigenous languages as official languages of the state of Alaska demonstrates our respect and admiration for their past, current, and future contributions to our state.”

 

“This legislation will highlight the importance of revitalizing the rich cultural legacy inherent in Alaska Native languages,” said Edgmon, chair of the Bush Caucus. “We recently celebrated our 50th year of statehood. In another 50 years I would like to see the many languages of our first Alaskans playing a vibrant role in the lives of people all over the state.”

 

“This vote recognizes the past, encourages the present, and secures the future of our earliest Alaska languages, said Herron.

 

“Uum alerquutem ikayurciqaakut tamanritlerkaaun yugtun qaneryararput [This law will help our future through the preservation of our languages], said Alaska Federation of Natives Co-Chair Ana Hoffman, first in Central Yup’ik.

 

“We are thrilled that this bill passed. Alaska Native languages are cornerstones of our cultures, and this bill recognizes their importance. Many thanks to the legislators who voted for this recognition, and also to the educators and culture bearers who championed the legislation,” said Julie Kitka, president of the Alaska Federation of Natives.

“We applaud Rep. Kreiss-Tomkins and the State Legislature in acting to reverse historical assimilation policies that have sought to suppress Native languages.  The legislation is further significant in that it is a clear statement of the state’s recognition of cultural and linguistic diversity that represent one of our state’s greatest resources and is a major boost to ongoing language revitalization efforts,” said Rosita Kaaháni Worl Ph.D., president of the Sealaska Heritage Institute.

“I want to thank Representative Kreiss-Tomkins for starting the process of the passage of this bill. We, the co-sponsors, feel this bill will be a positive and long overdue formal legislative recognition of all the Native languages still spoken in this great state of ours and the people who still speak their own language,” said Nageak.

 

“Aarigaa, uvluluataq uvlupak. Una Pitquraq aquqtugumaaqtaqput piqpagnaqtuq Alaskam Inuqqaanginnun. Iluqaisa ataullugit Inuqqaangisa Alaskam uqausingat  atugaisuli. Uvagut Atanauruagut Alaskam Govamangata tavra taamna pitquraq inilakkipput. [Very good, this is a good day. This bill we are considering is highly regarded to the First People of Alaska. All of the languages of the First People of Alaska used in our long history are still in use today.  We want to preserve that.  We in the House of Representatives will collaboratively pass this bill.], said Nageak, first in Inupiaq, of which he is a fluent speaker.

 

“It’s a great day for Alaska when our legislature makes this gesture of respect and appreciation for Alaska’s Native people and their languages, which are in need of our encouragement and support, since numbers of speakers are on the decline,” said Lawrence D. Kaplan, director, Alaska Native Language Center at the University of Alaska Fairbanks. “Our Native languages originated in Alaska and developed here along with the cultures that they represent.  These languages are truly, uniquely Alaskan, and we at the Alaska Native Language Center are happy to hear that they have been honored in this way.  It’s another first for Alaska, since with the exception of Hawaii, no state has seen fit to recognize their indigenous languages in this way.  A big vote of thanks goes to our legislature that gave up Easter Sunday to serve our state.”

 

The bill now goes to the governor for his signature.

 

 

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HB 216: Official Languages of the State Has Passed Into Alaska State Law April 21st 2014

Every Alaska Native language will now be recognized as official languages of the State of Alaska in addition to English.  The lone precedent is Hawai’i, which recognizes Hawai’ian as official in addition to English via constitutional convention in 1987.  Many, many people worked very hard to get this bill through the 28th Alaska State Legislature, which will adjourn today or very early tomorrow morning.

Hezoonh.  It is good.

http://www.alaskadispatch.com/article/20140421/passionate-believers-native-heritage-prod-legislators-recognize-languages

http://www.ktoo.org/2014/04/21/alaska-native-languages-bill-passes-15-hour-sit/

http://www.adn.com/2014/04/20/3434157/natives-protest-lack-of-movement.html?sp=/99/100/&ihp=1

http://www.newsminer.com/news/politics/legislature-passes-bill-honoring-alaska-native-languages/article_e2823124-c95f-11e3-aa4e-001a4bcf6878.html

http://juneauempire.com/local/2014-04-21/waiting-it-out#.U1Vdkl4hGIY

 

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Alaska and Public Law 280 and its Upcoming 60th Anniversary

Background Report on Public Law 280 – Prepared at the request of Henry M. Jackson, Chairman, Committee on Interior and Insular Affairs United States Senate.  U.S. Government Printing Office Washington: March 18, 1975.

MEMORANDUM OF THE CHAIRMAN

To: Members of the Senate committee on Interior and Insular Affairs:

“During the 1950’s the national Indian policy sought to end or ‘terminate’ the Federal responsibility for, and special relationship with, Indian tribes.  The ultimate effect of this policy on Indian tribes would mean that all statutes pertaining to Indians would no longer be applicable; that the Federal programs and services provided to Indians solely on the basis of their status as Indians would cease; and that Federal protection would no longer be provided for Indian lands and other natural resources.

“It was during this era that Public Law 280 was adopted by the 83rd Congress and signed into law by President Eisenhower on August 15, 1953.  The express purpose of this public law was to grant broad discretionary authority to the States to assume civil and criminal jurisdiction over Indian reservations within their borders.  Prior to passage of Public Law 280, State jurisdiction over Indian reservations was prescribed by specific statutes approved by Congress or judicially recognized because of their involvement of non-Indians.  And jurisdiction over civil and criminal matters between Indians on their reservations was vested in either tribal governments or the Federal Government.

“The Public Law 280 legislation was approved by Congress in the face of strenuous Indian opposition and denied consent of the Indian tribes affected by the Act.  In its final form the statute gave five States civil and criminal jurisdiction over all but three tribes within those States, and gave the United States authority to grant similar jurisdiction to all other States.

“The Indian community viewed the passage of Public Law 280 as an added dimension to the dreaded termination policy.  Since the inception of its passage the statute has been criticized and opposed by tribal leaders throughout the Nation.  The Indians allege that the Act is deficient in that it failed to fund the States who assumed jurisdiction and as a result vacuums of law enforcement protection have occurred in certain Indian reservations and communities.  They contend further that the Act has resulted in complex jurisdictional problems for Federal, State and tribal governments.

“With this background the Committee requested the American Law Division of the Library of Congress to prepare a report on Public Law 280.  The Committee envisioned that the report would serve as an educational and informational document for the Indian community, Members of Congress and other interested individuals and organizations.  The Committee wishes to commend Mr. David M. Ackerman, legislative attorney, American Law Division, for his thorough legal research and preparation of the background paper.

“This report merits the study by all interested parties in this complex issue.  I am hopeful that it will stimulate fresh thinking and new approaches to the resolution of the many problems imposed on the Indian community, the States, and the Federal Government, by Public Law 280.

Henry M. Jackson, Chairman.”

“I have…signed it because its basic purpose represents still another step in granting complete political equality to all Indians in our Nation.

My objection to the bill arises because of the inclusion in it of sections 6 and 7.  These sections permit other States to impose on Indian tribes within their borders, the criminal and civil jurisdiction of the State, removing the Indians from Federal jurisdiction, and , in some instances, effective self-government.  The failure to include in these provisions a requirement of full consultation in order to ascertain the wishes and desires of the Indians and of final Federal approval, was unfortunate.  I recommend, therefore, that at the earliest possible time in the next session of the Congress, the act be amended to require such consultation with the tribes prior to the enactment of legislation subjecting them to State jurisdiction, as well as approval by the Federal Government before such legislation becomes effective.”

– President Dwight Eisenhower on signing Public Law 83-280 into law on August 18, 1953.

Public Law 280 would not be amended with some of President Eisenhower’s recommendations until 1968.  The 1968 amendments provide for retrocession of Public Law 280, which the state of Washington has recently done, allowing for tribes to re-assume civil and criminal jurisdiction after over 50 years of Public Law 280.

Public Law 280 would be amended in 1958 to include the Territory of Alaska, one year before statehood.  In 1970 Public Law 280 would be amended returning criminal jurisdiction to the Metlakatla Indian community, the only Indian Country in Alaska.

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