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
+ 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 |
|---|