Legislature(1999 - 2000)

03/23/1999 08:15 AM House CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
       HOUSE COMMUNITY AND REGIONAL AFFAIRS                                                                                     
                STANDING COMMITTEE                                                                                              
                                 March 23, 1999                                                                                 
                                   8:15 a.m.                                                                                    
                                                                                                                                
  MEMBERS PRESENT                                                                                                               
                                                                                                                                
  Representative Andrew Halcro, Co-Chairman                                                                                     
  Representative John Harris, Co-Chairman                                                                                       
  Representative Carl Morgan                                                                                                    
  Representative Fred Dyson                                                                                                     
  Representative Reggie Joule                                                                                                   
  Representative Albert Kookesh                                                                                                 
                                                                                                                                
  MEMBERS ABSENT                                                                                                                
                                                                                                                                
  Representative Lisa Murkowski                                                                                                 
                                                                                                                                
  COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
  Presentation by Rural Governance Commission                                                                                   
                                                                                                                                
  WITNESS REGISTER                                                                                                              
                                                                                                                                
  BYRON MALLOTT, Co-Chairman                                                                                                    
  Rural Governance Commission                                                                                                   
  Alaska Permanent Fund Corporation                                                                                             
  PO Box 25500  M/S 0401                                                                                                        
  Juneau, Alaska 99802-5500                                                                                                     
                                                                                                                                
  TAPE 99-18, SIDE A                                                                                                            
  Number 0000                                                                                                                   
                                                                                                                                
  CO-CHAIRMAN HALCRO called the House Community and Regional                                                                    
  Affairs Standing Committee to order at 8:15 a.m.  Members                                                                     
  present at the call to order were Representatives Halcro,                                                                     
  Harris, Morgan, Dyson, Joule and Kookesh.  Representative                                                                     
  Murkowski was absent.                                                                                                         
                                                                                                                                
  Number 0050                                                                                                                   
                                                                                                                                
  BYRON MALLOTT, Co-Chairman of the Rural Governance                                                                            
  Commission, discussed the genesis of the commission.  It                                                                      
  grew out of an ambiguity over the role of tribes in Alaska                                                                    
  and the effect of the Venetie decision last year.  The                                                                        
  purpose of the commission is to help the state form its                                                                       
  policy toward the more than 200 federally-recognized tribes                                                                   
  in Alaska.  The commission also has looked at the                                                                             
  dissolution of local governments and complaints from rural                                                                    
  areas about delivery of state services.  The 22-member,                                                                       
  all-Alaskan commission began its work in March of last year                                                                   
  and held hearings in most of the regional centers and                                                                         
  smaller communities that are representative of specific                                                                       
  issues.  In addition, they have met with state, federal and                                                                   
  local officials in the major population centers.                                                                              
                                                                                                                                
  Number 0940                                                                                                                   
                                                                                                                                
  MR. MALLOTT said the commission had reviewed all the                                                                          
  previous related studies.  The group will meet on March 24                                                                    
  to begin drafting its final report, which it hopes to                                                                         
  deliver to Governor Knowles by the end of the fiscal year.                                                                    
  He said the commission had taken the decision to deliver a                                                                    
  very focused set of recommendations, and will not make a                                                                      
  recommendation in the report unless it can show how the                                                                       
  recommendation can be carried out.                                                                                            
                                                                                                                                
  REPRESENTATIVE DYSON asked about the problem of the state                                                                     
  recognizing a local entity that is racially-based, and cited                                                                  
  the Quinhagak model as an example.                                                                                            
                                                                                                                                
  MR. MALLOTT confirmed that the heart of the matter is the                                                                     
  use of the word "rural," which is an obfuscation of the                                                                       
  place of Alaska Natives in Alaska's future.  He said the                                                                      
  agency staff who are supposed to implement the programs are                                                                   
  frustrated by lack of policy direction.  He said the same                                                                     
  range of issues operates in the subsistence problem and the                                                                   
  idea of applying rules to one group but not to another has                                                                    
  to be solved at the local level.                                                                                              
                                                                                                                                
  REPRESENTATIVE DYSON restated his question, stating that the                                                                  
  problem is really imposed by the words on paper.                                                                              
                                                                                                                                
  MR. MALLOTT discussed the reality of the word "tribe" and                                                                     
  the political definitions attached to it.  Some state                                                                         
  constitutions do recognize tribes, although they are not                                                                      
  treated at all in the Alaska Constitution.  The way to deal                                                                   
  with many of these problems, he said, is to put the tools in                                                                  
  the hands of locals and allow them to work out the                                                                            
  solutions.  As an example, he cited the relationship between                                                                  
  Ketchikan, a predominantly white community, and Saxman, a                                                                     
  predominantly Native community just a few miles south of                                                                      
  Ketchikan.  Over the years, there has been a distinct                                                                         
  separation between the two, but recently a bicycle path was                                                                   
  constructed alongside South Tongass highway.  The new                                                                         
  interaction of walkers, joggers and bikers between the two                                                                    
  communities has opened up a whole new world of understanding                                                                  
  and communication that is very healthy.                                                                                       
                                                                                                                                
  CO-CHAIRMAN HALCRO asked a question regarding resource                                                                        
  management.                                                                                                                   
                                                                                                                                
  MR. MALLOTT responded that traditionally in Alaska resource                                                                   
  management has been a command system, but people are not                                                                      
  going to stand for it any longer.  Local people want to take                                                                  
  more control and be a bigger part of the process.  He gave                                                                    
  as an example the often repeated phenomenon of the state                                                                      
  putting new facilities into communities with no connection                                                                    
  to local acceptance, responsibility or ownership.                                                                             
                                                                                                                                
  REPRESENTATIVE JOULE, in response to Mr. Mallott's                                                                            
  statement, commented on local hire for local projects,                                                                        
  welfare to work and dollars from the state.                                                                                   
                                                                                                                                
  NUMBER 2550                                                                                                                   
                                                                                                                                
  REPRESENTATIVE DYSON asked a question regarding local                                                                         
  participation in funding.                                                                                                     
                                                                                                                                
  MR. MALLOTT responded that local people are the first to be                                                                   
  able to identify local resources that can fit local needs.                                                                    
  He discussed the now defunct rural development grants that                                                                    
  had a maximum cap of $50,000 and had to be matched by local                                                                   
  contribution.  He said one of the great benefits of that                                                                      
  program and others like it is the locals take pride in                                                                        
  something they accomplish themselves.                                                                                         
                                                                                                                                
  CO-CHAIRMAN HALCRO referenced HB 40 which combines DCED and                                                                   
  DCRA and asked Mr. Mallott his views of a rural Alaska                                                                        
  advocate in the Governor's cabinet.                                                                                           
                                                                                                                                
  MR. MALLOTT discussed the concept in broad terms, the need                                                                    
  for an advocate or an ombudsman to look out for rural needs.                                                                  
  He said the impact of the passage of SB 36 last year was                                                                      
  perceived to be an assault on rural Alaska, as is a current                                                                   
  bill to redefine how disasters are declared.  Mr. Mallott                                                                     
  also briefly discussed the recently-appointed federal Denali                                                                  
  Commission and its charge to facilitate infrastructure                                                                        
  development in rural Alaska.                                                                                                  
                                                                                                                                
  TAPE 99-18, SIDE B                                                                                                            
  Number 2900                                                                                                                   
                                                                                                                                
  MR. MALLOTT  continued in his response to Co-Chairman Halcro                                                                  
  that there is a pervasive feeling out in rural Alaska that                                                                    
  the people are fed up and are not going to take it any more.                                                                  
  They have a sense of understanding and ownership with DCRA                                                                    
  and if it disappears and no other thread of trust emerges,                                                                    
  the changes will be received very badly out there.                                                                            
                                                                                                                                
  CO-CHAIRMAN HALCRO asked a question regarding the time line                                                                   
  of the commission.                                                                                                            
                                                                                                                                
  MR. MALLOTT reiterated that the commission has set a target                                                                   
  to deliver its final report to the governor by the end of                                                                     
  the fiscal year and he felt confident they should be able to                                                                  
  stick to that time line.                                                                                                      
                                                                                                                                
  Number 2790                                                                                                                   
                                                                                                                                
  REPRESENTATIVE JOULE enumerated a number of issues Venetie,                                                                   
  SB 36, subsistence, consolidation, the definition of                                                                          
  disasters, reapportionment that just suggest rural Alaska                                                                     
  should form its own state.  He asked Mr. Mallott if he had                                                                    
  heard any such suggestions out there.                                                                                         
                                                                                                                                
  MR. MALLOTT acknowledged that the Alaska Federation of                                                                        
  Natives (AFN) had passed a resolution supporting secession                                                                    
  and that the Northwest Arctic Borough was considering how to                                                                  
  deal with issues that are not being responded to.  He said                                                                    
  he has heard in rural Alaska a profound, pervasive, powerful                                                                  
  sense that the relationship with the State of Alaska is just                                                                  
  not working.  He also noted that such a mild-mannered person                                                                  
  as Bob Loescher of Sealaska Corporation had recently brought                                                                  
  up the issue of using nonviolent disobedience as a tactic.                                                                    
                                                                                                                                
  Number 2535                                                                                                                   
                                                                                                                                
  REPRESENTATIVE BERKOWITZ discussed the disconnection between                                                                  
  urban and rural Alaska and asked about efforts by the Rural                                                                   
  Governance Commission to bridge that gap.                                                                                     
                                                                                                                                
  MR. MALLOTT said the hope is that the commission will not                                                                     
  just go away after its report is delivered, but will work to                                                                  
  maintain a dialogue between the legislature and other                                                                         
  stakeholders in some form.  He also discussed Governor                                                                        
  Knowles's expressed interest in holding a convention on the                                                                   
  future of Alaska.                                                                                                             
                                                                                                                                
  REPRESENTATIVE KOOKESH commented that he appreciated that                                                                     
  new members of the House are making a real effort to                                                                          
  understand rural Alaska.  However, he feared the rural                                                                        
  advocacy position was going to be killed by a very vocal                                                                      
  minority with money, the same as the subsistence vote.  He                                                                    
  said people are denying the urban/rural split.  Alaska                                                                        
  Natives just want to fit into the process, he said.  The                                                                      
  report cannot just sit on a shelf, but we would have to work                                                                  
  hard to implement its recommendations.  If there is a hole                                                                    
  on one side of the boat, he said, we all have to be bailing.                                                                  
                                                                                                                                
  REPRESENTATIVE DYSON commented that we should not scan for                                                                    
  the negative.  He quoted Mr. Mitchell, who said the white                                                                     
  folks in the urban areas have brought this on themselves.                                                                     
  He said rural areas were disenfranchised by the one-man,                                                                      
  one-vote decision of the U.S. Supreme Court and by the                                                                        
  historic population shift to urban areas.  He suggested part                                                                  
  of the solution is to be able to reapportion the state                                                                        
  Senate based on region, as it was originally in the state                                                                     
  constitution, not by population.                                                                                              
                                                                                                                                
  MR. MALLOTT acknowledged that in the next round of                                                                            
  redistricting the situation will only get worse, but said he                                                                  
  didn't know if anything could be done about it.  Many                                                                         
  Natives live in urban areas for many reasons, but still                                                                       
  maintain connections to rural home villages.  He said if we                                                                   
  cannot articulate problems and solutions, Alaska is the one                                                                   
  place in the nation where Balkanization can take place.                                                                       
  What makes Alaska great, he said, is that the whole is                                                                        
  greater than the sum of its parts.  Alaska is at a critical                                                                   
  point in determining its future.                                                                                              
                                                                                                                                
  Number 1650                                                                                                                   
                                                                                                                                
  REPRESENTATIVE DYSON asked why the Rural Governance                                                                           
  Commission did not include a dialogue with legislative                                                                        
  committees in its work to date.                                                                                               
                                                                                                                                
  MR. MALLOTT responded that it was determined early on that                                                                    
  the commission would be self-determining, rather than take a                                                                  
  charge from the governor as to what it should be doing.  He                                                                   
  said he spent time with former Representative Ivan Ivan, the                                                                  
  immediate past chair of the CRA committee, discussed the                                                                      
  issues and obtained the work of the committee for the                                                                         
  commission's consideration.                                                                                                   
                                                                                                                                
  REPRESENTATIVE JOULE referenced the Denali Commission and                                                                     
  asked how we in state government can help it do its job.                                                                      
                                                                                                                                
  MR. MALLOTT said he had recently had lunch with the federal                                                                   
  co-chair of the Denali Commission, who holds the levers of                                                                    
  that body.  He reported that he is very desirous of working                                                                   
  with the Rural Governance Commission and recognizes that                                                                      
  change has to happen, especially in how projects are                                                                          
  delivered and maintained.  The first appropriation by                                                                         
  Congress of $20 million has been made for the Denali                                                                          
  Commission's mission.  Mr. Mallott said he wants to work                                                                      
  with the Denali Commission, not in what they do, but how                                                                      
  they do it.  The over-riding need in rural Alaska is                                                                          
  economic development so that the generations can continue,                                                                    
  so that the children will have a reason to come home, that                                                                    
  reason tied to jobs.  He said the goal of building a steady                                                                   
  economy in rural Alaska, tied to urban Alaska, is good for                                                                    
  all of us.                                                                                                                    
                                                                                                                                
  Number 1045                                                                                                                   
                                                                                                                                
  CO-CHAIRMAN HALCRO said he wants to extend the hand of the                                                                    
  committee to work with the Rural Governance Commission                                                                        
  during the interim to get ahead of the curve for next                                                                         
  January.                                                                                                                      
                                                                                                                                
  REPRESENTATIVE DYSON briefly discussed the urban Native                                                                       
  population and asked if they feel disenfranchised or ignored                                                                  
  as rural Natives do.                                                                                                          
                                                                                                                                
  MR. MALLOTT responded that changes in the corporations often                                                                  
  emanate from the urban into the rural areas, and that                                                                         
  discontent will be exhibited in urban areas before it will                                                                    
  be in the villages.  He invited committee staff to                                                                            
  participate in the commission's meetings.                                                                                     
                                                                                                                                
  Number 590                                                                                                                    
                                                                                                                                
  REPRESENTATIVE DYSON commented that his Native friends                                                                        
  within the Municipality of Anchorage do not feel left out of                                                                  
  power.  On the other hand, the Eklutnas, who settled at                                                                       
  their fish camp on the north side of the Anchorage bowl,                                                                      
  were cut out of subsistence use at their own fish camp of                                                                     
  1000 years.  This doesn't make sense.  He wondered if urban                                                                   
  Natives could vote in rural areas if they wanted to.                                                                          
                                                                                                                                
  MR. MALLOTT  responded that although he has lived in Juneau                                                                   
  since 1980, he voted in Yakutat until 1994, when he filed to                                                                  
  run for Mayor of Juneau.  He noted that while he is an urban                                                                  
  Native and by all outward appearance content with his                                                                         
  situation, underneath he is always reminded of who he is and                                                                  
  his place in society.  But he would not display any                                                                           
  discontent, because that is who they are, and it would not                                                                    
  be polite to do so.                                                                                                           
                                                                                                                                
  REPRESENTATIVE DYSON discussed his troubled youth and said                                                                    
  he could relate to how Natives feel like outsiders.  He                                                                       
  struggles not to be outraged.                                                                                                 
                                                                                                                                
  TAPE 99-19, SIDE A                                                                                                            
                                                                                                                                
  Number 0100                                                                                                                   
                                                                                                                                
  MR. MALLOTT, responding to Representative Dyson's comments,                                                                   
  told of a member of the commission, Lee Steffen, who started                                                                  
  out the commission meetings in such a rage that Arliss                                                                        
  Sturgulewski, another commission member, wondered what she                                                                    
  was doing in such a situation.  However, in the intervening                                                                   
  year, in working with the commission, they have become good                                                                   
  friends and are productive, contributing members.                                                                             
                                                                                                                                
  CO-CHAIRMAN HALCRO thanked Mr. Mallott for his report and                                                                     
  adjourned the committee meeting at 9:53 a.m.                                                                                  

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