Legislature(2003 - 2004)

03/25/2004 08:00 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         March 25, 2004                                                                                         
                           8:00 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                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Mary Kapsner                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
^OVERVIEW OF STATE/TRIBAL RELATIONS (FINAL SESSION)                                                                             
                                                                                                                                
TAPES                                                                                                                         
                                                                                                                                
04-46, SIDE(S) A & B                                                                                                            
                                                                                                                                
CHAIR  BRUCE WEYHRAUCH  called the  House State  Affairs Standing                                                             
Committee to  order at 8:00  a.m.  Present  at the call  to order                                                               
were  Representatives  Holm,  Coghill, Lynn,  Seaton,  Berkowitz,                                                               
Gruenberg, and Weyhrauch.                                                                                                       
                                                                                                                                
SUMMARY OF INFORMATION                                                                                                        
                                                                                                                                
CHAIR  WEYHRAUCH commented  on the  large packets  of information                                                               
that  had  been received  for  today's  hearing from  the  Tanana                                                               
Chiefs Conference, the Association  of Village Council Presidents                                                               
(AVCP), Mary Pete, the Division  of Subsistence, Rosita Worl, the                                                               
Sealaska Heritage  Institute, Representative Albert  Kookesh, and                                                               
Willie Kasuylie.   All  the information will  become part  of the                                                               
public  record.    He  encouraged  anyone  interested  to  submit                                                               
written testimony.                                                                                                              
                                                                                                                                
EDNA  AHGEAK   MACLEAN,  Ph.D.,  President,   Ilisagvik  College,                                                               
Barrow,  Alaska,  and  Chairman  for the  Consortium  for  Alaska                                                               
Native Higher  Education, testified  to the  relationship between                                                               
Alaska  tribal colleges  and  the University  of  Alaska and  why                                                               
tribal colleges are being developed in  Alaska.  [The text of Ms.                                                               
MacLean's  testimony  is  available  as  part  of  the  committee                                                               
packet.]   In response  to a question  from Chair  Weyhrauch, Ms.                                                               
MacLean said that  in 20 years, she sees the  tribal colleges and                                                               
the  University of  Alaska  working together  to  reach a  higher                                                               
level  of  college  attainment  for  Alaska  Natives,  developing                                                               
articulation  and  mutual  assistance   agreements,  as  well  as                                                               
sharing  faculty and  special skills  in  language, culture,  and                                                               
Native knowledge.   She went on to say that  collaboration in the                                                               
recruitment of  tribal college graduates  with Associate  of Arts                                                               
(AA)  degrees, into  the university  upper division  and academic                                                               
programs is important; working together  to reverse the declining                                                               
trend in  numbers of Alaska  Native teachers, and helping  in the                                                               
retention  and  graduation of  Alaska  Natives  in Alaska's  high                                                               
schools.                                                                                                                        
                                                                                                                                
MARSHALL   LIND,   Ph.D.,   Chancellor,  University   of   Alaska                                                               
Fairbanks,   spoke   to   his   observations   of   the   working                                                               
relationships between  the university and Ilisagvik  College.  He                                                               
stated he has seen  a major shift in the last  four or five years                                                               
in working with the various entities  in rural Alaska in terms of                                                               
providing higher  educational opportunities.  He  doesn't see the                                                               
university competing  with tribal colleges.   He stated  that the                                                               
University  of Alaska,  Sheldon Jackson  College, Alaska  Pacific                                                               
University,  and  Ilisagvik  College   are  the  only  accredited                                                               
colleges in Alaska.                                                                                                             
                                                                                                                                
DR.  LIND, in  response to  a comment  from Representative  Holm,                                                               
said he could  not recall the percent of  non-Native students who                                                               
enroll [during] their senior year [of high school].                                                                             
                                                                                                                                
DR. MACLEAN, in response to  a question from Representative Lynn,                                                               
confirmed   that   non-Natives   can  attend   tribal   colleges.                                                               
Furthermore,  she noted  that there  are  some exchange  programs                                                               
between major universities and tribal colleges.                                                                                 
                                                                                                                                
DON  MITCHELL, Attorney  at  Law,  noted that  he  serves in  the                                                               
capacity  of  advisor to  the  Alaska  State Legislature  on  the                                                               
subject of tribes  in Alaska and has  represented the Legislative                                                               
Council in  court actions with  respect to  the same issues.   He                                                               
made  three points:    First,  all of  the  programs that  Alaska                                                               
Natives  receive and  administer are  programs that  Congress has                                                               
authorized through the enactment of  statutes, such as the Indian                                                               
Self-Determination Act,  the Indian Health Care  Improvement Act,                                                               
the Indian Child Welfare Act  [of 1978], the Indian Financing Act                                                               
[of 1974],  and the  Indian Housing  Act [of  1998].   Second, he                                                               
expanded  on  why there  is  not  agreement  that there  are  200                                                               
federally  recognized tribes  in Alaska  - [John  v. Baker].   He                                                             
said that the  Alaska Supreme Court can express its  view about a                                                               
federal question, but  its view is not determinative.   Third, he                                                               
concluded  that  if  there  really   are  more  than  200  tribal                                                               
governments  scattered from  Hydaburg to  Barrow, the  policy and                                                               
social consequences both for the  people of Alaska in general and                                                               
for  the  jurisdiction of  this  particular  body are  incredibly                                                               
profound.                                                                                                                       
                                                                                                                                
EDGAR  BLATCHFORD,  Commissioner,  Office  of  the  Commissioner,                                                               
Department  of Community  &  Economic  Development (DCED),  spoke                                                               
about the department  and the efforts to keep up  with the growth                                                               
of Alaska.  He said that  in the 1990s there was an out-migration                                                               
from Alaska,  but there was  an overall growth in  the population                                                               
of Alaska  due to  the natural birth  rate.   Alaska's population                                                               
mass  is large  enough now  that  Alaska will  continue to  grow.                                                               
DCED   sees  state/tribal   relations  in   terms  of   community                                                               
empowerment; the  department will  contract with any  entity that                                                               
is willing  to take control  and be accountable for  its actions.                                                               
In rural  areas there  is a  rise in  social problems,  namely in                                                               
suicide  rates  to 16  times  the  national average.    Education                                                               
attainment levels  are not up  to par;  rural areas have  some of                                                               
the nation's highest unemployment rates in the nation.                                                                          
                                                                                                                                
COMMISSIONER    BLATCHFORD,    responding    to    Representative                                                               
Berkowitz's  comments regarding  the  [New] Millennium  Agreement                                                               
and municipal  assistance and  revenue sharing  decreases, stated                                                               
that  the governor  recognizes  the agreement  is  a document  of                                                               
cooperation,  and  efforts  will   be  made  to  cooperate  where                                                               
possible, under  that agreement.   He went on  to say that  he is                                                               
aware of the  value of municipal assistance and  will continue to                                                               
advocate for it.                                                                                                                
                                                                                                                                
CARL  ROSIER,  as  the  representative  for  the  Alaska  Outdoor                                                               
Council (AOC),  noted that  the interest  of AOC  in state/tribal                                                               
relations  is  based  on  rural  and  urban  issues  relating  to                                                               
hunting, fishing,  and trapping, coupled with  access and habitat                                                               
considerations  related   to  these  pursuits.     Allocation  of                                                               
resources in  a fair  and equitable manner  is important  to AOC.                                                               
Mr.  Rosier stressed  that  issues  involving sovereign  immunity                                                               
deserve careful examination by the State of Alaska.                                                                             
                                                                                                                                
MR.  ROSIER,  in  response  to  a  question  from  Representative                                                               
Kapsner  regarding partnering  between the  Alaska Department  of                                                               
Fish & Game  and Native groups or villages in  writing grants for                                                               
various  fisheries related  projects, clarified  that he  was not                                                               
saying  that it  was the  opinion of  AOC that  the collaboration                                                               
shouldn't be  happening just because  there is a  tribe involved,                                                               
but that  getting the  work done  in rural  areas becomes  a very                                                               
important thing.   He went on  to say that AOC  is concerned with                                                               
the  potential  threat to  state  authorities;  these are  policy                                                               
issues, and  many of them can  affect the rights of  the citizens                                                               
of Alaska.                                                                                                                      
                                                                                                                                
REPRESENTATIVE KAPSNER rebutted by  saying that it is interesting                                                               
that  people   perceive  such   collaboration  as   nefarious  or                                                               
undermining for the state.                                                                                                      
                                                                                                                                
CHAIR WEYHRAUCH stated  his concern that abrogation  of the power                                                               
to tax,  the power to enforce  laws, and to manage  lands for the                                                               
public is a plenary authority  of the government, and to delegate                                                               
that   to  a   co-management   agreement  or   a  Memorandum   of                                                               
Understanding  (MOU) then  cedes  by contract  to agreement  that                                                               
authority to another kind of  sovereign entity not responsible to                                                               
the public.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BERKOWITZ opined  that  the  state abdicated  its                                                               
responsibility to the people of  various regions of Alaska.  When                                                               
the state  relinquishes its  authority the  indigenous structures                                                               
emerge and reassert themselves.                                                                                                 
                                                                                                                                
CHAIR  WEYHRAUCH replied  that  he understands  for every  action                                                               
there  is a  reaction.   Penalties  are clear  in state  statute,                                                               
while they  may not  be as clear  regarding tribal  regulation or                                                               
policy.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  elaborated  on his  opinion  that  the                                                               
opportunity exists to change instead of to be fearful.                                                                          
                                                                                                                                
DONNA   GOLDSMITH,   Executive  Director,   Alaska   Inter-Tribal                                                               
Council, submitted  written testimony, included in  the committee                                                               
packets, that she  did not speak to.  Ms.  Goldsmith testified to                                                               
her  familiarity  with and  the  necessity  of tribal  courts  in                                                               
Alaska.  Tribal  courts have flourished by  necessity.  Extensive                                                               
training  is  given   to  Tribal  Judges  in   various  areas  of                                                               
expertise.                                                                                                                      
                                                                                                                                
MS. GOLDSMITH, responding to a  comment from Representative Lynn,                                                               
said that  tribal courts  don't replace state  courts, but  are a                                                               
supplement  to them.    They are  not based  on  racial or  ethic                                                               
criteria exercised over  membership.  She said she  knows of some                                                               
areas of the  state where non-Natives are  availing themselves of                                                               
the tribal court.                                                                                                               
                                                                                                                                
MS.  GOLDSMITH answered  a question  from Representative  Kapsner                                                               
regarding the  John v.  Baker case  by acknowledging  that tribal                                                             
courts  probably  lack authority  to  exercise  over a  nontribal                                                               
member's case if that person opts out of a tribal court.                                                                        
                                                                                                                                
CHAIR  WEYHRAUCH expressed  his  desire to  hear  more about  the                                                               
development of tribal  courts at the "Bar  convention" later this                                                               
year.                                                                                                                           
                                                                                                                                
EDWARD  THOMAS, President,  Central  Council of  Tlingit &  Haida                                                               
Indian  Tribes  of  Alaska,  thanked   Chair  Weyhrauch  and  the                                                               
committee for hosting the hearings.   Mr. Thomas spoke to some of                                                               
the issues brought forward, offering  his thoughts.  He indicated                                                               
that  sovereign  immunity is  a  good  tool  to use  in  avoiding                                                               
frivolous  lawsuits  over the  ambiguity  of  certain laws.    He                                                               
stressed the  importance of  tribes and the  state focusing  on a                                                               
common  ground, and  of his  desire to  let some  of the  extreme                                                               
issues take their course.                                                                                                       
                                                                                                                                
ANNOUNCEMENTS                                                                                                                 
                                                                                                                                
There were no announcements.                                                                                                    
                                                                                                                                
COMMITTEE ACTION                                                                                                              
                                                                                                                                
The committee took no action.                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State Affairs  Standing Committee  meeting was adjourned  at 9:50                                                               
a.m.                                                                                                                            
                                                                                                                                
NOTE:  The  meeting was recorded.   A copy of the  tape(s) 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.                                                                                                                 

Document Name Date/Time Subjects