Legislature(2003 - 2004)
03/23/2004 08:48 AM House STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 23, 2004
8:48 a.m.
MEMBERS PRESENT
Representative Bruce Weyhrauch, Chair
Representative Jim Holm, Vice Chair
Representative John Coghill
Representative Bob Lynn
Representative Paul Seaton
Representative Ethan Berkowitz
Representative Max Gruenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
^OVERVIEW OF STATE/TRIBAL RELATIONS (FIRST SESSION)
TAPES
04-44, SIDE(S) A & B
CHAIR BRUCE WEYHRAUCH convened the meeting of the House State
Affairs Standing Committee at 8:48 a.m.
SUMMARY OF INFORMATION
CHAIR WEYHRAUCH acknowledged the presence of the many interested
parties at this public hearing. He went on to state, that the
subject matter, people testifying [by invitation only] and the
length of time for testimony were set by him. Due to time
constraints it will be impossible to delve deeply into any
subject. He thanked Edward K. Thomas for coming forward with
the idea for the hearings.
ARLISS STURGULEWSKI, speaking as a former legislator and a
former member of the Rural Governance Commission, testified to
her personal observations on local and regional governments.
She spoke to the seriousness of such issues as the cuts to
Revenue Sharing, adequate funding for safety, and the lack of
clarity and consistency in relations between tribes and the
State of Alaska. Ms. Sturgulewski reminded the committee that
in 1990, then Governor Steve Cowper issued an administrative
order acknowledging the existence of tribes in Alaska. Less
than a year later Governor Hickel rescinded that order and
replaced it with the position that Alaska is one country, one
people. However, failure to acknowledge the tribes was at odds
with the federal government's position. In February of 1998,
former Governor Tony Knowles set up the Alaska Commission on
Rural Governance and Empowerment, which submitted a final report
to the governor in June 1999. The commission was co-chaired by
Robert Keith and Byron Mallott. Senator Sturgulewski recapped
the activities of the commission. She spoke of her own
experiences with the tribal communities throughout the State of
Alaska.
MS. STURGULEWSKI explained that the Knowles Administration,
entered into an accord - to bring some coherence between how the
various administrative units of the state deal with tribes. She
said she isn't aware if any other work is being done. She
stressed the importance of there being a clear policy to provide
top-down directives for state agencies to work with the
communities, and for continued encouragement of flexible and
decentralized government. Ms. Sturgulewski acknowledged that
the Native Community generally avoids state government whenever
possible and goes directly to Washington, D. C. The
[urban/rural divide] pivots on the issue of the lack of
clarification of policy, and lack of communication and
understanding. She mentioned the Denali Commission and how it
is affecting the health and viability of certain communities.
MS. STURGULEWSKI, in response to a question from Representative
Seaton regarding her statements that tribes do not usually go to
the state for help before contacting the federal government,
commented that the issue is complex and relates back to money
received by the tribes and communities for help with health,
education [in some cases], and criminal justice. The natural
thing would be to go where the money is and that would be the
federal government.
EDWARD K. THOMAS, President, Central Council of the Tlingit &
Haida Indian Tribes of Alaska, explained that when he first
spoke with Chair Weyhrauch regarding these hearings, he had
hoped that the format would be a straightforward dialogue on how
the state and the tribes can work together to maximize benefits
to their common citizenry. He then played a video (7-minutes)
narrated by Senator Daniel Inoyue of Hawaii, which Mr. Thomas
felt related the sentiment of the majority in Congress regarding
tribal government. At the conclusion of the video, Mr. Thomas
spoke to a myriad of issues that are endemic to the Native
Community in Alaska. He also offered that what is not covered
in his testimony will probably be covered by others testifying
during these hearings. Mr. Thomas spoke of the importance of
the $800 million in funding that comes to the State of Alaska
because of tribes and Native communities. He stressed the
importance of both the State of Alaska and tribes focusing on a
positive sense of providing basic needs to their common
citizenry.
DAVID CASE, Attorney at Law, has worked with the Alaska
Federation of Natives and the Department of the Interior in the
Office of the Solicitor. Currently, he represents a number of
Native institutions in-fact or in-law, Native corporations,
village tribes and municipalities. He stated his opinion that
all aspects of state/tribal relations need to be viewed as an
important part of the solution to common issues. Mr. Case
described his experience with the Alaska Federation of Natives
(AFN) Bush Justice. In response to Representative Lynn, Mr.
Case offered an explanation of how tribal courts deal with
infractions of non-natives in villages, and how justice is
served when two people commit the same crime in the same place
and one is a Native and the other is not.
KEN BREWER, President/CEO, Southeast Alaska Regional Health
Consortium (SEARHC), noted that the consortium is a coalition
formed by the federally recognized tribes in Southeast Alaska
for healthcare purposes. Under the Indian Self-determination
Education Assistance Act the tribes are allowed to delegate
their authorities to contract with the federal government for
services. For tribes in Southeast, that authority has been
delegated to SEARHC, a nonprofit corporation in Alaska, to
manage healthcare for Alaska Natives/American Indians from
Yakutat to Prince of Whales Island. This is one of many
coalitions throughout Alaska; the Alaska Native Health System is
100% tribally managed. This is only area in the nation that is
100% tribally managed by contract or compact with the Federal
government. He went on to comment about the strong effort on
the part of the commissioner of the Department of Health and
Social Services to encourage non-Native healthcare providers to
collaborate in matters with Native healthcare providers in order
to create a connection that allows the State of Alaska to
receive 100% reimbursement for Medicaid eligible Native
healthcare recipients. He further noted that this collaboration
makes sense in most instances, but in some cases it does not
make practical business sense because the area where Native
Medicaid eligible recipients are getting their care are areas of
healthcare where the Native health delivery system has never
been involved; particularly in the area of residential behavior
health - residential psychiatric treatment centers. The state
is spending the most money in the area on Native Medicaid
eligible recipients for which it is not getting reimbursed. He
related that SEARHC remains concerned over the stability of
rural health in Alaska.
MYRON NANENG, SR., President, Association of Village Council
Presidents (AVCP), a regional organization that provides human
and social services to about 56 villages in the Yukon-Kuskokwim
Delta. This includes federal and state services either by
contract or compact. Some of the services included are tribal
services, social services, housing improvement programs,
education employment training, realty - which includes the
Native restricted land, Native allotments, natural resources,
and environmental programs. He went on to describe other
programs provided by AVCP which include vocational
rehabilitation for the disabled, Headstart programs in 11
villages within the region, a wellness program, economic
development planning for village infrastructure, the Temporary
Assistance for Needy Family program (TANF), the Village Public
Safety Officer program (VPSO), and a flight training school.
Mr. Naneng urged the people of the villages and other
communities of Alaska to work together for the good of the
state.
BOB HENRICH, President, Native Village of Eyak Traditional
COUNCIL, testified to the positive working relationship that has
been developed between the City of Cordova and the Traditional
Native Village of Eyak. The relationship has blossomed over the
last few years and has resulted in higher employment, better
health care in the Cordova/Eyak area as well as serving as a
role model for villages and communities throughout the state. He
attributed the success, in part, to practical business sense.
ANNOUNCEMENTS
There were no announcements.
COMMITTEE ACTION
The committee took no action.
ADJOURNMENT
CHAIR WEYHRAUCH thanked the day's participants and announced the
subject matter for the hearing on Thursday, March 25, 2004. The
hearing was adjourned at 9:50 a.m.
NOTE: The meeting was recorded and handwritten log notes were
taken. A copy of the tape(s) and log notes may be obtained by
contacting the House Records Office at State Capitol, Room 3,
Juneau, Alaska 99801 (mailing address), (907) 465-2214, and
after adjournment of the second session of the Twenty-Third
Alaska State Legislature this information may be obtained by
contacting the Legislative Reference Library at (907) 465-3808.
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