HB 123: "An Act providing for state recognition of federally recognized tribes; and providing for an effective date."

00 HOUSE BILL NO. 123 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. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE FINDINGS AND INTENT. (a) The history of tribes in the state 07 predates the United States and predates territorial claims to land in the state by both the 08 United States and Imperial Russia. Indigenous people have inhabited land in the state for 09 multiple millennia, since time immemorial or before mankind marked the passage of time. 10 (b) It is the intent of the legislature to exercise the legislature's constitutional policy- 11 making authority and acknowledge through formal recognition the federally recognized tribes 12 in the state. 13 * Sec. 2. AS 23.20.520(13) is amended to read: 14 (13) "federally recognized tribe"

01 (A) means a tribe that is recognized by the United States 02 Secretary of the Interior to exist as an Indian tribe under 25 U.S.C. 5131 [25 03 U.S.C. 479A] (Federally Recognized Indian Tribe List Act of 1994); 04 (B) includes any subdivision, subsidiary, or business enterprise 05 wholly owned by a federally recognized tribe; 06 * Sec. 3. AS 44.03.030 is amended to read: 07 Sec. 44.03.030. Construction of AS 44.03.010 - 44.03.040 [CHAPTER]. 08 AS 44.03.010 - 44.03.040 do [THIS CHAPTER DOES] not limit or restrict 09 (1) the jurisdiction of the state over a person or subject inside or 10 outside the state that is exercisable by reason of citizenship, residence, or another 11 reason recognized by law; 12 (2) jurisdiction over or ownership of other water or land under other 13 water inside or forming part of the boundaries of the state; 14 (3) legislative jurisdiction of the United States over an area to which 15 legislative jurisdiction is ceded by the state and that [WHICH] remains in the 16 ownership of the United States. 17 * Sec. 4. AS 44.03.040 is amended to read: 18 Sec. 44.03.040. Reconciliation with other statutes. AS 44.03.010 - 44.03.040 19 do [THIS CHAPTER DOES] not alter the geographic area to which a statute of the 20 state applies if the statute specifies the area precisely in miles or by another numerical 21 designation of distance or position. Nothing in the statute or in AS 44.03.010 - 22 44.03.040 [THIS CHAPTER] is a waiver or relinquishment of jurisdiction over or 23 ownership by the state of an area to which jurisdiction or ownership extends under 24 another provision or rule of law. 25 * Sec. 5. AS 44.03 is amended by adding a new section to read: 26 Article 2. Intergovernmental Relations with Tribes. 27 Sec. 44.03.100. Recognition of tribes. The state recognizes the special and 28 unique relationship that the United States government has with federally recognized 29 tribes and specifically recognizes the relationship between the United States 30 government and federally recognized tribes in the state. The state recognizes all tribes 31 in the state that are federally recognized under 25 U.S.C. 5130 and 5131. Nothing in

01 this section diminishes the United States government's trust responsibility or other 02 obligations to federally recognized tribes in the state or creates a concurrent trust 03 relationship between the state and federally recognized tribes. In this section, 04 "federally recognized tribe" has the meaning given in AS 23.20.520. 05 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).