Legislature(1995 - 1996)
03/20/1996 02:00 PM Senate CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 361 CAP PROJ MATCHING GRANT FOR INDIAN RESERV SENATOR TORGERSON brought HB 361 before the committee as the next order of business. Number 165 REPRESENTATIVE JERRY MACKIE, prime sponsor of HB 361, explained he introduced the legislation at the request of the Metlakatla Indian Community when their FY 96 Municipal Assistance Matching Grant Program appropriation was eliminated from last year's budget. Metlakatla qualified for this program under the Department of Administration regulations definition for "municipality." HB 361 amends AS 37.06 (Capital Project Matching Grants Programs) by adding a new section that includes a municipality organized under federal law as an Indian reserve. The bill has been drafted to specifically include the Metlakatla Indian Community within the Municipal Assistance Matching Grant Program. It also provides that Metlakatla may not receive a grant under the Unincorporated Community Capital Project Matching Grant Program. Representative Macki said it was clearly the intent of the original Act to include Metlakatla, but because it has a little different classification meaning a municipality organized under federal law as an Indian Reserve, the technical language didn't cover that. Representative Macki noted there has been some question as to whether or not this would open up the door to issues relating to Indian lands and tribal status in qualifying for these grants, but he has received an opinion from the attorney general that says it will not because it is very specific in the legislation that it has to be a municipality organized under federal law that existed before enactment of 43 U.S.C. 1618(a). Number 215 SENATOR TORGERSON pointed out the most recent fiscal note on the bill shows that $16,609 would need to come out of other communities' grants to make this transition. REPRESENTATIVE MACKI responded he does not think it is an added fiscal note; it shows how the $19,000 that should have gone to Metlakatla last year was actually distributed. In his opinion it is a positive fiscal note for the other communities until this legislation is passed and the statute is clarified. He does not believe that it should be interpreted as taking away from other communities because they've actually been getting extra money because Metlakatla was not included. Number 250 SENATOR ZHAROFF moved HB 361 be passed out of committee with individual recommendations. Hearing no objection, it was so ordered.
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