04/28/1997 08:04 AM House CRA

 SB 9 - CAP PROJ MATCHING GRANT FOR INDIAN RESERV                              
                                                                               
 Number 070                                                                    
                                                                               
 CHAIRMAN IVAN indicated that the committee would consider SB 9, "An           
 Act relating to municipal capital project matching grants for a               
 municipality organized under federal law as an Indian reserve; and            
 providing for an effective date."                                             
                                                                               
 Number 084                                                                    
                                                                               
 SENATOR JERRY MACKIE, sponsor of SB 9, came forward to explain the            
 legislation.  He stated that SB 9 is a follow-up piece of                     
 legislation from last year which passed the House unanimously.  It            
 went through the committee process in the Senate, but it was one of           
 many bills that got lost last minute when they debated the budget             
 and ended up in special session.  The legislation had no opposition           
 last year and doesn't this year.                                              
                                                                               
 SENATOR MACKIE continued that this was a straight forward and                 
 simple bill.  When the Hickel Administration instituted the Capitol           
 Matching Grant Program, it was set up with a definition that                  
 participants had to be municipalities.  A municipality would                  
 receive a municipal cap under the matching grant.  If a community             
 is unincorporated, they would receive an unincorporated one.                  
                                                                               
 Number 118                                                                    
                                                                               
 SENATOR MACKIE said that there was every intention for Metlakatla             
 to be included in this program and they did receive grants until              
 last year.  Senator Halford chaired the Finance Committee last year           
 and he thought, through a legal analysis, the definition of                   
 "municipality" did not include Metlakatla since that community is             
 not defined as a municipality, but as the Metlakatla Indian                   
 Reservation, organized under federal law.  This bill adds into                
 statute that Metlakatla would qualify for a municipal capital                 
 matching grant.  This legislation doesn't allow them to receive an            
 unincorporated grant which, because of their status, they actually,           
 for a few years, qualified for both a municipal grant and an                  
 unincorporated grant.                                                         
                                                                               
 SENATOR MACKIE stated that one of the questions which came up last            
 year in the House Community and Regional Affairs Committee related            
 to the insertion of "community organized as an Indian reserve."  It           
 was asked what this meant in regards to Indian country.  He said,             
 "This legislation does not because this only allows for a                     
 specifically -- on page 1 of the bill, `an entity organized under             
 federal law as an Indian reserve that existed before enactment of             
 43 U.S.C. 1618(a) and is continued in existence under that                    
 subsection is a municipality for purposes....'"  Senator Mackie               
 said there is only one that qualifies under this and that is                  
 Metlakatla and it doesn't open up Pandora's box.                              
                                                                               
 Number 207                                                                    
                                                                               
 REPRESENTATIVE RYAN asked what type of monies this would entail and           
 are they portioned among the several communities on any type of               
 equality basis.  He also asked how the grants are actually                    
 procured.                                                                     
                                                                               
 SENATOR MACKIE responded that this legislation allows Metlakatla to           
 be treated the same as every other municipality, in the state, of             
 the same size.  It's the Governor's Capital Matching Grant Program            
 where up to $25,000 is awarded to these communities.  The                     
 legislation would allow Metlakatla to participate in this program             
 without any preference given.                                                 
                                                                               
 Number 239                                                                    
                                                                               
 CHAIRMAN IVAN noted that the committee heard the bill last year.              
 He said he thought it was a good bill and he wanted to see it move            
 forward.                                                                      
                                                                               
 REPRESENTATIVE RYAN moved and asked unanimous consent to move SB 9            
 out of committee with individual recommendations and with the                 
 accompanying zero fiscal note.  Hearing no objection, SB 9 was                
 moved out the House Community and Regional Affairs Standing                   
 Committee.