Legislature(2021 - 2022)BUTROVICH 205
02/15/2022 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB136 | |
| SB92 | |
| SB145 | |
| SB152 | |
| HB148 | |
| HB123 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 136 | TELECONFERENCED | |
| *+ | SB 152 | TELECONFERENCED | |
| += | HB 148 | TELECONFERENCED | |
| += | SB 145 | TELECONFERENCED | |
| += | SB 147 | TELECONFERENCED | |
| += | SB 92 | TELECONFERENCED | |
| += | HB 123 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 123-STATE RECOGNITION OF TRIBES
4:47:11 PM
CHAIR SHOWER announced the consideration of HOUSE BILL NO. 123
"An Act providing for state recognition of federally recognized
tribes; and providing for an effective date."
4:47:47 PM
CHAIR SHOWER opened public testimony on HB 123.
4:48:10 PM
JACQUELYN ARNACIAR BOYER, Policy and Campaign Director, Native
Peoples Action and Native Peoples Action Community Fund, Palmer,
Alaska, stated strong support for HB 123. She said state
recognition of federally recognized tribes in Alaska through
legislative action is long overdue. It will heal and validate
the legitimacy of Native people in Alaska and the federally
recognized tribes to which they belong. It will mean so much,
she said.
4:49:38 PM
SHARON HILDEBRAND, Village Outreach Liaison, Doyon Limited,
Fairbanks, Alaska, testified in support of HB 123 on behalf of
Doyon Limited and as a tribal member of the Native Village of
Nulato that is located on the banks of the Yukon River. She
shared that she told her sons that she loved them before they
left for school. She does that because simple statements of
recognition do make a difference. If the state were to recognize
the tribes in Alaska, it would make a difference.
MS. HILDEBRAND related that Doyon Limited is celebrating its
50th anniversary this year as one of the original 13 Native
corporations established under the terms of the Alaska Native
Claims Settlement Act (ANCSA). The tribes have been instrumental
in making ANCSA a success. She highlighted that tribal powers
have been recorded throughout history. She recounted that in
early 1915 Judge Wickersham met with tribal chiefs from the
Interior to discuss issues of encroachment. He came to the
meeting in support of forming a reservation system in Alaska.
However, he listened to everybody who spoke and ultimately
supported the notion that tribes need to participate in their
relationship with the government to acquire medical,
educational, and employment opportunities. The reservation
system that Judge Wickersham initially supported was not
implemented because he chose to listen to the tribes. That made
a difference; telling her sons she loves them makes a
difference; and it will make a difference if the legislature
recognizes the 229 tribes in Alaska. It will make a difference
in her sons' future.
4:52:43 PM
LISA RUSH, Alaska Black Caucus (ABC), Anchorage, Alaska,
testified in support of HB 123. She stated that ABC advocates
for Black, indigenous, and other people of color to eliminate
all forms of racial prejudice and keep people aware of the
adverse effects of racial, educational, political, and economic
discrimination. She encouraged the committee and entire Senate
to pass HB 123 to require the state to formally recognize the
sovereign status of the 229 federally recognized tribes in
Alaska. She said this is a first step in unlocking Alaska's
problem-solving potential. The state and tribes can then
leverage their combined status to tackle the challenges facing
the state and enhance the lives of all Alaskans.
4:55:12 PM}
ALMERIA ALCANTRA, representing self, Palmer, Alaska, testified
in support of HB 123. She stated that her family has lived on
Ahtna land near what is known as Palmer for ten thousand years.
She grew up in the culture and learned from elders and family.
She said she wants to ensure that her children and all future
generations have access to traditional knowledge and ways of
life and that their history, culture, communities, government,
and relationship to the state are recognized. She said that
acknowledging tribal sovereignty and rights will create a safe
and sustainable future for the next generations.
4:56:20 PM
JANINE AVNER, President, Board of Directors, Baan O Yeel Kon
Corporation, Fairbanks, Alaska, stated that she was also
representing herself as an Athabaskan, Koyukon, and a Rampart
Village tribal member in the Doyon region. As a practicing
attorney she has worked with numerous entities on governance
issues and today she was advocating for passage of HB 123, which
would compel the State of Alaska to recognize the 229 federally
recognized tribes in Alaska. It is time for the state to
formalize and codify this recognition. It will bring clarity and
transparency, which is the vehicle for better communication,
partnership building, and better outcomes in all sectors. The
bottom line is that everyone wants to make a positive
difference. Ownership brings excellence as evidenced by the
success of the extraordinary tribal healthcare system in Alaska.
Having a voice and representation at the table will also bring
into focus the hardships Native communities face and the
services and infrastructure that are needed. Self-governance is
already taking place but it needs legitimacy. Some partnerships
with the state have been good and it is time to build on and
expand those in all departments.
MS. AVNER offered her belief that this is a pivotal time in the
country's history and it was time to listen and respect each
other and work together. Alaska tribes are competing daily with
tribes in the Lower 48 for federal funding and state support
would help to balance the scale. HB 123 is a win-win and could
be a game-changer for the state.
5:00:49 PM
EDEN ROMEO, representing self, Anchorage, Alaska, testified in
support of HB 123. She said she was pleased to see such support
for tribal recognition when HB 123 passed the House because she
believes that the recognition is an inherent sovereignty of
Alaska's 229 federally recognized tribes. It is long overdue.
Alaska's indigenous people have practiced their own cultures and
self-governance for time immemorial. The federal government has
recognized 574 tribes, including the 229 tribes in Alaska, but
the state recognizes none of these tribes as a sovereign. HB 123
recognizes tribes but it does not change any legal rights. State
recognition carries weight and will open opportunities for
federal funding and the potential for government-to-government
relationships. She concluded that the state has nothing to lose
by recognizing the inherent sovereignty of tribes in Alaska and
it is a little frustrating that this is not already policy. She
urged the committee to pass HB 123.
5:03:05 PM
CARRIE STEVENS, representing self, Fairbanks, Alaska, testified
in support of HB 123. She stated that HB 123 provides for the
wellness of all Alaskans. It creates a path forward of healing
and working together for the unified wellness of place and
people. She clarified that the bill does not give any new
status, legal authority, jurisdiction, funding, or rights to the
existing federally recognized tribes in Alaska. She urged the
members to reach out to UAF faculty, of which she is a member,
for more information on such issues. She highlighted that tribal
governments bring over $2 billion to the state each year in
health care and Bureau of Indian Affairs funding. This money
could be used to build a stronger Alaska together, she said.
Over $11 million was for climate resilience. Working together is
a path forward for all Alaska's children. The bill is about
recognition; it does not create any new jurisdictions. It
represents hope for all Alaska citizens and true recognition of
the First Alaskans.
5:05:09 PM
DELORES LARSON, representing United Tribes of Bristol Bay
(UTBB), Koliganek, Alaska, stated that UTBB's mission is to
protect the cultures and traditional ways of life of the Yupik,
Alutiiq, and Dena'ina people. It represents 15 tribal
governments and more than 80 percent of the population of
Bristol Bay. On behalf of UTBB, she voiced full support for HB
123 and the formal recognition of the 229 federally recognized
tribes in Alaska. This would allow the governments to work
cooperatively to better serve all Alaskans in the challenging
areas of public safety, health care, education and housing,
among others. Not recognizing tribes is a disservice to all
citizens. She pointed out that the inherent sovereignty of
Alaska's tribes was not granted by federal or state action
because it predates these governments. However, state
recognition of Alaska's tribes would acknowledge the added
strength of working together. She urged the committee to support
this landmark step and pass HB 123.
5:08:01 PM
MARGARET TARRANT, representing self, Anchorage, Alaska,
testified in support of HB 123. She stated that she is a tribal
citizen of the Mandan, Hidatsa, and Arikara nations of North
Dakota and the mother of Inupiaq children. She reported that she
grew up on the East Coast and witnessed first-hand the benefits
of state recognition of tribal nations when she visited her
sister-in-law's family that is part of the Shinnecock Indian
Nation of Long Island, New York. At the time the federal
government did not recognize these tribal nations but state
recognition made it possible for the nations to access federal
funding for educational, judicial, and health programs. Her
nieces and nephews were able to go to their own school and learn
about the history and culture of the Shinnecock Nation. Both a
health clinic and community center were built. Because of the
support from the State of New York, she has great-nieces and
great-nephews who know who they are and where they come from.
She questioned why the state did not recognize its tribes when
it would enable Alaska Natives to access programs that would
help preserve what culture they have left. She urged the
legislature to give her Inupiaq children the same opportunities
that indigenous children in other states enjoy.
5:10:22 PM
RHONDA PITKA, Chief, Village of Beaver, Beaver, Alaska, stated
support for HB 123 on behalf of the Beaver Village Council. She
described the legislation as an important step forward for the
state and tribal governments. She said the state has treated
tribal recognition differently from administration to
administration which led to a schizophrenic and often volatile
relationship between the state and tribal entities. In 1990,
Governor Steve Cowper issued Administrative Order 123
recognizing tribes in Alaska and Governor Walter Hickel
rescinded the order. Thereafter, Governor Tony Knowles
recognized tribes in Administrative Order 186 and through an
agreement that was intended to establish a lasting government-
to-government relationship with Alaska's sovereign tribes. The
three subsequent governors simply ignored both the Executive
Order and the agreement. In 2017 the attorney general in the
Walker administration analyzed the issue and found that tribes
do exist in Alaska and are governments with inherent
sovereignty. She pointed out that Alaska tribes have already
contributed to solutions on the issues related to health care,
public safety, child welfare, hunting and fishing, and food
security. Passing HB 123 will show the rest of the nation how
tribes in Alaska and the State of Alaska can work together for
the betterment of their citizens.
5:13:12 PM
BROOKE WOODS, representing self, Rampart, Alaska, testified in
support of HB 123. She described HB 123 as an important step in
strengthening the partnership between Alaska Native tribes and
the State of Alaska. It recognizes and enhances the ability of
tribes to continue the tradition of providing vital resources to
the state. With state recognition and support, tribes find more
support for their governmental and judicial activities. She said
the legislation does not change the status of tribes, but it
would affect the tumultuous relationship between the state and
its 229 federally recognized tribes. Passing the bill will show
tribal citizens that the state recognizes not just the problems,
but also the successes. It will force acknowledgment that tribes
in Alaska are leading the country in healthcare and that they
are working to retain Native languages and their intimate
knowledge of the land, rivers, animals, and fish. She urged the
committee to pass HB 123 in its current form.
5:15:14 PM
ROSE O'HARA-JOLLEY, representing self, Fairbanks, Alaska,
testified in support of HB 123. She said state recognition will
strengthen the existing government-to-government relationship.
She expressed appreciation for the stewardship of the land
called Alaska since time immemorial. Tribal recognition is one
step in ensuring that everyone works together to care for the
place that all Alaskans call home. She restated support for HB
123 and expressed hope that the committee would too.
5:16:14 PM
DEWEY HOFFMAN, Tribal Government and Client Services Deputy
Director, Tanana Chiefs Conference (TCC), Fairbanks, Alaska,
testified in support of HB 123. He stated that TCC is an Alaska
tribal health and social services consortium that provides a
unified voice to advance sovereign tribal governance through
promotion of physical and mental wellness, education,
socioeconomic development and culture of the Interior Alaska
Native community. He related that he was also offering testimony
on behalf of the Alaska Regional Coalition, which is a
consortium of four Alaska Native tribal nonprofits and one
regional tribe. Altogether, ARC represents about 160 communities
and 65,000 people. He explained that each tribe is a distinct
tribal government entity that works to define local goals and
priorities and build capacity. He said the policy of self-
determination is a powerful tool to define and meet ongoing
needs of tribes. Tribes work together to promote healing,
responsive planning and educational efforts. He stated full
support for HB 123 and the long-standing efforts to strengthen
the relationship between Alaska Native tribes and the State of
Alaska.
5:18:13 PM
MICHAEL GARVEY, Advocacy Director, American Civil Liberties
Union (ACLU) of Alaska, Anchorage, Alaska, testified in support
of HB 123. He stated that all people in the U.S. are entitled to
their constitutional rights and indigenous people also have the
right to tribal self-governance. He described HB 123 as an
overdue step to correct the state's history of denying the
existence of tribes. The tribes in Alaska have governed their
communities for millennia, yet state law still reflects the era
when Alaska denied the legitimacy of tribal governments.
Formally recognizing the tribes in Alaska in statute is a step
toward reconciliation and will allow state law to reflect their
inherent sovereignty. HB 123 is also good policy. It offers an
opportunity for Alaska to build a better relationship between
state government and tribes. The government-to-government
partnership will benefit the entire state. He stated particular
support for partnerships to further community health and safety
and work toward reducing the disproportionate rate of Alaska
Natives who are incarcerated. With an equal seat at the table,
Alaska Native leadership can help the state tackle these and
other long-standing issues. He restated support for HB 123.
5:20:19 PM
WILLY KEPPEL, representing self, Quinhagak, Alaska, stated total
opposition to HB 123 because it contains the word "sovereignty."
He opined that means that every Alaska Native who lives in the
Bush loses their right to use state courts to settle disputes
and challenge tribal courts. He charged that on the Yukon-
Kuskokwim Delta, the court routinely banished people from their
village and sent them to Bethel, Fairbanks, or Anchorage where
they became homeless. He stated support for tribes and villages
working together and then said the bill needs language that
gives Native children "American" rights. He concluded saying,
"This reservation status is a bad, bad idea."
5:22:05 PM
CHAIR SHOWER closed public testimony on HB 123 and held the bill
for future consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 152 Sectional Analysis 1.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 152 |
| SB 152 sponsor statement 1.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 152 |
| sb136 non support emails.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 136 |
| SB 152 32-LS1306-B work draft.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 152 |
| I support SB136 7 emails.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 136 |
| fiscal note 2022.pdf |
SSTA 2/15/2022 3:30:00 PM |
HB 148 |
| SB 136 EMAILS OF SUPPORT 40 TOTAL.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 136 |
| SB 136 EMAILS OF SUPPORT 38 TOTAL.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 136 |
| sb136 support emails.pdf 44.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 136 |
| I support SB136 7 emails.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 136 |
| AK SB 136 - NRA Testimony - Emergency Powers - SUPPORT 2-31-22.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 136 |
| HB 123 support emails 3.pdf |
SSTA 2/15/2022 3:30:00 PM |
HB 123 |
| SB 136 3 e mails of support.pdf |
SSTA 2/15/2022 3:30:00 PM |
SB 136 |