00                             HOUSE BILL NO. 221                                                                          
01 "An Act providing for state recognition of federally recognized tribes; and providing for                               
02 an effective date."                                                                                                     
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 23.20.520(13) is amended to read:                                                                  
05                 (13)  "federally recognized tribe"                                                                      
06                      (A)  means a tribe that is recognized by the United States                                         
07            Secretary of the Interior to exist as an Indian tribe under 25 U.S.C. 5131 [25                           
08            U.S.C. 479A] (Federally Recognized Indian Tribe List Act of 1994);                                           
09                      (B)  includes any subdivision, subsidiary, or business enterprise                                  
10            wholly owned by a federally recognized tribe;                                                                
11    * Sec. 2. AS 44.03.030 is amended to read:                                                                         
12            Sec. 44.03.030. Construction of AS 44.03.010 - 44.03.040 [CHAPTER].                                      
13       AS 44.03.010 - 44.03.040 do [THIS CHAPTER DOES] not limit or restrict                                         
14                 (1)  the jurisdiction of the state over a person or subject inside or                                   
01       outside the state that is exercisable by reason of citizenship, residence, or another                             
02       reason recognized by law;                                                                                         
03                 (2)  jurisdiction over or ownership of other water or land under other                                  
04       water inside or forming part of the boundaries of the state;                                                      
05                 (3)  legislative jurisdiction of the United States over an area to which                                
06       legislative jurisdiction is ceded by the state and that [WHICH] remains in the                                
07       ownership of the United States.                                                                                   
08    * Sec. 3. AS 44.03.040 is amended to read:                                                                         
09            Sec. 44.03.040. Reconciliation with other statutes. AS 44.03.010 - 44.03.040                           
10 do [THIS CHAPTER DOES] not alter the geographic area to which a statute of the                                      
11 state applies if the statute specifies the area precisely in miles or by another numerical                              
12 designation of distance or position. Nothing in the statute or in AS 44.03.010 -                                    
13 44.03.040 [THIS CHAPTER] is a waiver or relinquishment of jurisdiction over or                                      
14 ownership by the state of an area to which jurisdiction or ownership extends under                                      
15       another provision or rule of law.                                                                                 
16    * Sec. 4. AS 44.03 is amended by adding a new section to read:                                                     
17               Article 2. Intergovernmental Relations with Tribes.                                                     
18 Sec. 44.03.100. Recognition of tribes. The state recognizes the special and                                           
19 unique relationship that the United States government has with federally recognized                                     
20 tribes and specifically recognizes the relationship between the United States                                           
21 government and federally recognized tribes in the state. The state recognizes all tribes                                
22 in the state that are federally recognized under 25 U.S.C. 5130 and 5131. Nothing in                                    
23 this section diminishes the United States government's trust responsibility or other                                    
24 obligations to federally recognized tribes in the state or creates a concurrent trust                                   
25 relationship between the state and federally recognized tribes. In this section,                                        
26       "federally recognized tribe" has the meaning given in AS 23.20.520.                                               
27    * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).