Legislature(2023 - 2024)DAVIS 106
01/31/2024 03:30 PM House TRIBAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Presentation: Meaningful Alaska Native Representation on Boards and Commissions | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON TRIBAL AFFAIRS
January 31, 2024
3:31 p.m.
DRAFT
MEMBERS PRESENT
Representative CJ McCormick, Chair
Representative Ben Carpenter
Representative Sarah Vance
Representative Thomas Baker
Representative Jamie Allard
Representative Maxine Dibert
MEMBERS ABSENT
Representative Ashley Carrick
COMMITTEE CALENDAR
PRESENTATION: MEANINGFUL ALASKA NATIVE REPRESENTATION ON BOARDS
AND COMMISSIONS
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
RICHARD PETERSON/Chalyee Éesh, President
Central Council
Tlingit & Haida Indian Tribes of Alaska
Juneau, Alaska
POSITION STATEMENT: Expressed his support for Tribal
consultation and representation on boards and commissions.
BARBARA BLAKE/ Wáahlaal Gíidaak, Senior Director
Alaska Native Policy Center
First Alaskans Institute
Juneau, Alaska
POSITION STATEMENT: Provided a PowerPoint presentation, titled
"Alaska Native Racial and Sovereign Status."
KAREN LINNELL, Executive Director
Ahtna Intertribal Resource Commission;
Former Member
Alaska Board of Game
Glennallen, Alaska
POSITION STATEMENT: Presented during the Meaningful Alaska
Native Representation on Boards and Commissions presentation.
ROBIN SAMUELSON, representing self
Dillingham, Alaska
POSITION STATEMENT: Presented during the Meaningful Alaska
Native Representation on Boards and Commissions presentation.
BRIAN RIDLEY, Chief/Chairman
Tanana Chiefs Conference;
Alaska Vice President
National Congress of American Indians
Eagle, Alaska
POSITION STATEMENT: Provided a PowerPoint presentation, titled
"Subsistence Story."
ACTION NARRATIVE
3:31:47 PM
CHAIR MCCORMICK called the House Special Committee on Tribal
Affairs meeting to order at 3:31 p.m. Representatives
Carpenter, Vance, Baker, Allard, Dibert and McCormick were
present at the call to order. Representative Himschoot was also
present for the meeting.
REPRESENATIVE BAKER introduced himself to the committee. He
informed the committee that he comes from the Native Village of
Kotzebue. He expressed his pride to join and provide a Tribal
voice to the committee.
^PRESENTATION: MEANINGFUL ALASKA NATIVE REPRESENTATION ON BOARDS
AND COMMISSIONS
PRESENTATION: MEANINGFUL ALASKA NATIVE REPRESENTATION ON BOARDS
AND COMMISSIONS
3:33:59 PM
CHAIR MCCORMICK announced that the only order of business would
be a presentation on Meaningful Alaska Native Representation on
Boards and Commissions.
3:35:42 PM
RICHARD PETERSON/Chalyee Éesh, President, Central Council,
Tlingit & Haida Indian Tribes of Alaska, read from prepared
remarks and explained that he has witnessed the significant
impact that inclusive and meaningful collaboration and
consultation can have on the well-being of the community. He
expressed his support of Alaska Native inclusion on boards and
committees. Tribal consultation is a cornerstone of effective
governance and policy making and ensures that decisions made at
the legislature consider the unique needs, perspectives, and
traditions of Alaska Native communities. By fostering
government to government relationships, the state can better
address the challenges faced by Tribal nations and work
collaboratively towards sustainable solutions.
MR. PETERSON urged the committee to support and strengthen
Tribal consultation efforts. He stated that doing so will
ensure that the voices of Alaska Native communities are
considered in the decision-making process. Policies will be
more effective and contribute to the well-being of the state.
Meaningful Tribal engagement goes beyond consultation and
involves creating opportunities for Tribes to participate in the
development and implementation of policies. By engaging Tribal
leaders, the state can tap into a wealth of expertise and
knowledge, which will lead to more informed decisions.
Including Alaska Native voices on boards and commissions will
bring valuable perspectives and contribute to the legitimacy and
fairness of the decision-making process.
MR. PETERSON requested the committee promote and support
initiatives to increase Alaska Native representation on boards
and commissions. He emphasized that this step is vital in
creating a more inclusive and equitable government structure
that reflects the rich cultural and ethnic diversity throughout
the state. He shared a quote that said, "Healthy Tribes do make
healthy communities."
3:39:43 PM
BARBARA BLAKE/ Wáahlaal Gíidaak, Senior Director, Alaska Native
Policy Center, First Alaskans Institute, provided a PowerPoint
presentation, titled "Alaska Native Racial and Sovereign Status"
[hard copy included in committee packet]. She said that many
lawmakers think of Native peoples as a racial class, which can
negate the sovereign status of Tribal citizens. She sought to
provide clarity regarding sovereignty and delineate the
difference between Tribes, Native Corporations, and regional
non-profits.
3:40:56 PM
MS. BLAKE showed slide 2, titled "What all Alaskans need to
know," and explained that social scientists have proven Tribal
existence in Alaska with 10,000-year-old remains, which upholds
the oral histories of many Tribes throughout Alaska. Geography
shaped how cultures formed throughout Alaska in terms of
landscape, spirituality, and language. She explained that
Native peoples shaped themselves around the landscape, whereas
people today seem to shape the landscape to suit the needs of
society.
3:42:39 PM
MS. BLAKE showed a map on slide 3 which shows Alaska Native
Languages throughout the state including 20 distinct linguistic
groups, which make up about 22 percent of the population
according to U.S. Census data.
3:44:19 PM
MS. BLAKE moved to slide 5 and explained that Native nations
have had government societies prior to contact. The government-
to-government relationship should be based on the political, not
racial, status of American Indian and Alaska Native people.
3:46:36 PM
MS. BLAKE moved to slide 7, titled "A Sovereignty Snapshot,"
which read as follows [original punctuation provided]:
Three Sovereigns operate in Alaska:
Tribal Governments, Federal Government, State
Government
• Alaska Natives make up 22% of the population of
Alaska
• Alaska Natives have two separate and distinct
statuses:
1) Political, as noted above, and
2) Racial, as a protected class of citizens under US
law
MS. BLAKE explained that there are 229 Tribal governments
recognized in Alaska. There are three levels of care for Tribal
citizens, including Tribal government, state government, and the
federal government. Most, but not all, Alaska Native people
belong to a Tribe and/or a Native corporation. Tribal
governments hold legal and political status. She described the
Martial Trilogy from 1823, which affirmed Tribal sovereignty.
Throughout the United States, there are 574 Tribal governments.
Each has its own self-governance rights.
3:48:50 PM
MS. BLAKE defined the word "Tribe" in legal terms on slide 8,
titled "Tribal Governments," which read as follows [original
punctuation provided]:
Term "Tribe" used two ways:
• Ethnologically: a social, political organization of
a group of people who share race, customs, language,
culture, etc.
• Legally-politically (Montoya v. United States, 180
U.S. 261 (1901)): "a body of Indians of the same or a
similar race, united in a community under one
leadership or government, and inhabiting a particular
though sometimes ill-defined territory"
MS. BLAKE moved to slide 9, titled "Tribal Governments," which
read as follows [original punctuation provided]:
• 574 federally recognized Tribes (229 are in Alaska)
Each Tribe possesses inherent rights of self-
government (i.e., Tribal sovereignty) and are entitled
to receive certain federal benefits, services, and
protections because of their special relationship with
the U.S.
3:50:26 PM
MS. BLAKE provided a map on slide 10 that showed the 229
federally recognized Tribes in Alaska and makes up almost half
of all Tribes in the United States. She noted that most Tribes
are not connected by road systems, and though some are
geographically close, like Sitka and Hoonah, there may be
separate Tribal governments.
3:52:00 PM
MS. BLAKE moved to slide 11 and explained that Alaska Native
corporations were formalized under the Alaska Native Claims
Settlement Act (ANCSA). Per state charter, the objective of
Alaska Native corporations is to turn a profit and caretake for
retained land. Regional nonprofits are entities that receive
delegation from Tribes to pool together resources within a
region. She gave an example of pooling Tribal transportation
dollars, which involved Tribal governments delegating to
regional nonprofits. There are other Alaska Native entities
including the Alaska Federation of Natives, Alaska Native Tribal
Health Consortium, Southcentral Foundation, and Southeast Alaska
Regional Health Consortium. These are entities that receive
delegation from Tribes to pool Tribal health dollars and use
them as efficiently as possible. She explained that some Tribes
have decided not to be a part of pooled resources and have their
own organizations.
3:55:32 PM
MS. BLAKE moved to slide 12, titled "Understanding the Layers,"
which read as follows [original punctuation provided]:
• Concurrent Community Care
• Outward Connections
Tribal Governments and Municipal Governments are
different
o Tribes are sovereign unto themselves
o Municipal governments are subsets of the State
MS. BLAKE explained that she is a citizen of Tlingit & Haida, a
resident of the State of Alaska, and a citizen of the United
States of America. She is also a shareholder of Sealaska and
Ahtna, Inc. She receives her health services at Southeast
Alaska Regional Health Consortium (SEARHC). She noted that
understanding the many layers and complexities of Native
communities is important when engaging with Native people.
3:57:03 PM
MS. BLAKE moved to slide 13, titled "Opportunities to
Strengthen." She noted that compacting and contracting are
different. Compacting emphasizes recognizing sovereign entities
where negotiations occur to reach a common goal. Contracting
involves detailing and dictating how an agreement will be met.
3:59:08 PM
CHAIR MCCORMICK thanked Ms. Blake and opened the floor for
questions.
3:59:20 PM
REPRESENTATIVE VANCE asked about political versus racial status
and how it relates to legislature.
4:01:30 PM
MS. BLAKE, in reference to assigning board seats, said the term
"Alaska Native" is a racial designation whereas a Tribally
designated seat has to do with a person's sovereign status.
4:02:47 PM
REPRESENTATIVE VANCE asked for clarification about filling
Tribal seats on boards.
4:03:44 PM
MS. BLAKE said that because there are a limited number of seats
on various boards, not all 229 Tribes can be represented. She
referred to a Tribal unity group that could encourage Tribes to
come together to determine fair representation of Tribes for a
limited number of board seats.
4:04:49 PM
REPRESENTATIVE VANCE asked about Tribal courts and if every
Tribe has a court. She noted a pilot project from the federal
government.
4:05:37 PM
MS. BLAKE said not every Tribe has a court due to funding and
capacity. She said that U.S. Senator Lisa Murkowski is seeking
funding for Tribal courts. Tribal courts exist under the
executive branch of Tribal governments.
4:06:22 PM
MR. PETERSON responded to Representative Vance and said that the
term "enrolled Tribal citizen" should be used when defining
Alaska Native seats on boards. He mentioned that all Tribes
have governance but there isn't necessarily capacity for every
Tribe to run a Tribal court. A court can be anything from
peacemaking to a more formal court which deals with misdemeanor
cases. Tribal courts can create holistic options for
perpetrators to work to make reparations for their crimes,
instead of having a state record that may prevent them from
getting a job in the future. Tribal courts also participate in
usual court activities including marriages, divorces, and child
custody. He offered to host legislators on a tour of the Tribal
court in Juneau.
4:10:04 PM
REPRESENTATIVE VANCE thanked the presenters.
4:10:13 PM
MR. PETERSON offered up Tlingit & Haida's programs to help the
community.
4:10:57 PM
CHAIR MCCORMICK thanked the presenters.
4:11:30 PM
The committee took an at-ease from 4:11 p.m. to 4:13 p.m.
4:12:50 PM
KAREN LINNELL, Executive Director, Ahtna Intertribal Resource
Commission; Former Member, Alaska Board of Game, addressed
Representative Vance's question about Tribal court. She thanked
the previous presenters for their inclusive statements. She
emphasized the responsibility as a Tribal citizen to care for
community. She remarked that the level of community involvement
is more so as a Tribal citizen. She addressed creating balance
in boards and commissions. She described her experience serving
on the Board of Game and how some boards have lacked balance.
She gave an example that there is a disproportionate number of
commercial fishermen on the Board of Fish.
4:17:47 PM
MS. LINNELL opined that appointments to boards should be based
on a balance of interests and experience. She mentioned the
Yukon River fishing regulations and noted her preference of an
eco-centric approach with a focus on longevity of the system for
subsistence. Governance is based on population and maps, and
rural voices can become diluted. Commissions and boards should
be balanced based on charter and what is best for Alaska. She
mentioned racial comments she dealt with. She said, "Nobody is
more invested in doing what is right for Alaska than the Tribal
citizens of Alaska."
MS. LINELL emphasized the importance of balance for board and
commission roles. She thanked the committee for taking the time
to recognize the role of Tribes. Tribal consultation should
start at the beginning of an idea, not halfway through the
planning process. She told a story about a fisheries biologist
who consulted with local Tribes about spawning timing for his
research. Tribal input is important in many aspects.
4:25:25 PM
ROBIN SAMUELSON, representing self, introduced himself and
mentioned he was a Tribal Chief for 35 years and is the former
Chief Executive Officer of the Bristol Bay Economic Development
corporation. He also was a former member of the Alaska Board of
Fisheries and the North Pacific Fisheries Management Council.
He expressed his disappointment in the current composition of
the Board of Fisheries. The Kuskokwim and Yukon Rivers have not
been fished for several years. He said, "Our culture is being
destroyed because there's no salmon .... How would you guys feel
if I took away Safeway, Carrs, and Costco from you?" He said
that villages are unrepresented on the Board of Fish. He
discussed a subsistence priority in statute. He said he was a
commercial fisherman in Bristol Bay for 56 years. He said,
"There is no more important fish than a subsistence fish for a
family to eat."
4:29:44 PM
MR. SAMUELSON opined that nepotism and racism are involved on
boards. He noted inaction from the Board of Fish in reference
to subsistence regulations. He spoke in support of the
inclusion of Native people on boards and commissions. He
pointed out that perspectives of people from rural Alaska differ
from other people's perspectives. He emphasized the importance
of fish to Native Alaskans who have subsisted on fish for
thousands of years.
4:34:51 PM
MR. SAMUELSON stated that the resource comes first, subsistence
comes second, and commercial and sport fishing are the last
priority. He noted the difference in values among commercial
fishermen. He opined that most commercial fishermen only care
about money, whereas subsistence fishers see wealth and
happiness in full freezers and smokehouses. He offered to
continue to participate to help the House Special Committee on
Tribal Affairs.
4:36:46 PM
BRIAN RIDLEY, Chief/Chairman, Tanana Chiefs Conference; Alaska
Vice President, National Congress of American Indians, provided
a PowerPoint presentation, titled "Subsistence Story" [hard copy
included in the committee packet]. Slide 2 showed a pie-chart.
He explained that commercial fishing accounted for 98.6 percent
of the total harvest, while subsistence fishing and hunting
accounted for less than 1 percent of the total harvest. Slide 3
showed another pie-chart that demonstrated that of the less than
1 percent of wild food harvested, 74.6 percent was distributed
among rural households, and 25.3 percent was distributed among
urban households. He described that the same study from the
Alaska Department of Fish and Game (ADF&G) said that, except for
areas classified as rural that are adjacent to Anchorage, wild
harvest is 100 percent of the daily protein intake for rural
Alaska, which is made up of Alaska Native people. He said the
amount necessary for subsistence has not been met for 13 years
for the Kuskokwim River Chinook salmon; subsistence has not been
met for 15 out of the last 16 years for the Yukon River Chinook
salmon.
4:40:59 PM
MR. RIDLEY described the makeup of the Board of Fish, which has
six members who represent commercial, sport, and personal use
and only one member who represents subsistence. The Board of
Game has seven members who represent commercial, sport, and
personal use, and zero members who represent subsistence.
MR. RIDLEY moved to slide 3, titled "Dollars and Nonsense: SOA
Fish Budget Data FY 2023," which shows that the Division of
Commercial Fisheries has $82 million budgeted, and the Division
of Sport Fish has $43.6 budgeted, while the Subsistence section
has just $6 million in its budget. Based on these numbers, he
observed that subsistence appears to be less of a priority for
the State of Alaska. He said, "What's good for Alaska Natives
is good for Alaska." "We're taking our battles inside the
courthouses to ensure that all of our children will have access
to salmon, crab, halibut, moose, and caribou." He said the only
way to ensure the adequate inclusion of Indigenous knowledge in
the Board of Game and Board of Fisheries decision-making process
is to have Alaska Native representation on boards and
commissions.
4:43:51 PM
CHAIR MCCORMICK thanked Mr. Ridley and opened the floor for
questions.
4:44:18 PM
REPRESENTATIVE CARPENTER asked how the committee can ensure more
Indigenous people serve on boards.
4:45:00 PM
MR. RIDLEY responded that assigning a seat for a race would be
contentious and suggested that a Tribal seat would be
sufficient. He said he was seeking fairness and equality.
4:46:09 PM
REPRESENTATIVE CARPENTER sought to define subsistence status
through hunting areas. He said that he took exception to Mr.
Samuelson's earlier comments. Though members of the committee
may not reside in Western Alaska, it doesn't mean members of the
committee don't understand the value of fish or a rural
lifestyle. He mentioned that he chose to live on the road
system and have a farm lifestyle and be self-sufficient. He
said that he can relate to people living off the road network
and is supportive of seeing an increase in subsistence use of
resources. He stated that the constitution is clear, and it is
not being adhered to.
4:48:30 PM
MS. LINNELL spoke to her experience living on the road system
and discussed competition for resources, personal use fisheries,
and hunting for moose and caribou. People who live there find
it more difficult to be successful in their harvest.
Subsistence is in statute and is currently not a priority. She
said that people are often told that Alaska has the "best
resource management in the country" and yet resources are in
crisis.
4:53:11 PM
MR. RIDLEY shared a story from an elder who wasn't aware of the
Great Depression at the time because there was an abundance of
natural resources for subsistence. If the Alaska Department of
Fish and Game was managing resources appropriately, these
wouldn't be problems. He referenced fish hatcheries and bison
introduction as faulty solutions to problems with inadequate
management of existing resources.
4:55:25 PM
REPRESENTATIVE BAKER noted the representation from around the
state in the room today advocating for Tribal representation on
boards. He encouraged Native and rural Alaskans to tell their
friends and neighbors to get involved and spread the word when
there are openings for boards, committees, and councils.
4:57:09 PM
REPRESENTATIVE CARPENTER said that Alaskans have lost self-
sufficiency and subsistence. He noted the governor's push for
food self-sufficiency and security.
4:58:57 PM
CHAIR MCCORMICK provided closing remarks.
4:59:40 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Tribal Affairs meeting was adjourned at
5:00 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HTRB Presentation 1.31.23.pptx |
HTRB 1/31/2024 3:30:00 PM |
|
| Food Security and Wild Resource Harvests in Alaska 2018 1.31.23.pdf |
HTRB 1/31/2024 3:30:00 PM |
|
| HTRB Racial vs Tribal Status 1.31.24.pdf |
HTRB 1/31/2024 3:30:00 PM |