HB 221: "An Act providing for state recognition of federally recognized tribes; and providing for an effective date."

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).