Legislature(2025 - 2026)DAVIS 106
03/27/2025 08:00 AM House TRIBAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Presentation: Layers of Governance | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON TRIBAL AFFAIRS
March 27, 2025
8:04 a.m.
MEMBERS PRESENT
Representative Maxine Dibert, Chair
Representative Ashley Carrick
Representative Robyn Niayuq Burke
Representative Andi Story
Representative Rebecca Schwanke
Representative Jubilee Underwood
Representative Elexie Moore
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
PRESENTATION: LAYERS OF GOVERNANCE
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
'LÁAGANAAY TSIITS GIT'ANEE, Co-Founder and Director
Gínga and Igniñ Collective
Kake, Alaska
POSITION STATEMENT: Provided a PowerPoint presentation, titled
"Complexity in Motion: Alaska Native Governance, Protocols, and
Understandings."
ACTION NARRATIVE
8:04:26 AM
CHAIR DIBERT called the House Special Committee on Tribal
Affairs meeting to order at 8:04 a.m. Representatives Moore,
Underwood, Carrick, Burke, Schwanke, and Dibert were present at
the call to order. Representative Story arrived as the meeting
was in progress.
^PRESENTATION: Layers of Governance
PRESENTATION: Layers of Governance
8:05:24 AM
CHAIR DIBERT announced that the only order of business would be
a presentation on the layers of Alaska Native governance.
8:05:54 AM
'LÁAGANAAY TSIITS GIT'ANEE, Co-Founder and Director, Gínga and
Igniñ Collective, provided a PowerPoint presentation, titled
"Complexity in Motion: Alaska Native Governance, Protocols, and
Understandings" [hard copy included in the committee packet].
She introduced herself in Haida and explained the meaning of her
name. Speaking in Haida, she shared a greeting and her family
history, followed by an explanation in English. She explained
that the Gínga and Igniñ Collective is a nonprofit serving
Native people, and she pointed out the complexity of the Native
community in Alaska. On slide 1, she pointed out the picture of
a beach from her home where she "draws strength and
understanding." She shared a short video [link provided on
slide 2 of the presentation], making the point that, as humans,
"oftentimes we don't see what we don't know," and this can
change and shape the world. In the context of what is unknown
by most people about Alaska Native peoples, she asked the
committee members to try to understand things they may not have
known before. She suggested that committee members look for
opportunities to partner with Alaska Natives, as they are
represented by many diverse organizations and types of
governance.
8:16:35 AM
MS. TSIITS GIT'ANEE moved to slide 3 and outlined the goals of
the presentation, pointing out that the complexities of Alaska
Native governance are not being taught to the public. She
reiterated the diversity represented by Native peoples. She
moved to slide 4 and gave a land acknowledgement to the A'akw
Kwáan and Taku people who have lived on the land around Juneau
since time immemorial. She retold the Native oral story of the
Aas Kwaani, or "tree people." The story emphasized the history
and process of Native peoples working together, and with nature.
She explained that the story is an example of how Native
Alaskans have always governed themselves. She skipped the video
on slide 5 because of a technical difficulty.
MS. TSIITS GIT'ANEE transitioned to slide 6 and pointed out the
size of the state, reiterating that it has been built on
diversity. She explained that because the geology is different
across the state, Alaska Natives differ from each other. She
asserted that this leads to strength. She discussed the
timeframe that people have lived on the land, and she pointed
out that she would be considered a 600th generation Native since
the time of the Ice Age. She explained that her Haida and
Tlingit names do not belong to her, as they are traditional
names that belong to the clans.
MS. TSIITS GIT'ANEE discussed the general knowledge that non-
Natives have of Native Alaskans, and she compared this to the
surface of an iceberg, as depicted on slide 7. She stated that
these would be aspects like dance, food, music, and language;
while the other unknown aspects of Native culture are beneath
the surface, such as the concepts of family, ways of
communication, notions of courtesy, concepts of age, concepts of
fairness and justice, and approaches to decision making. She
stated that the presentation would focus on current-day
governance, and the interplay between Alaska Native governance
and Western governance. She expressed the importance of
understanding that Alaska Native peoples are not a "monolith,"
as there are 12 to 14 distinct nations. She added that the term
"Alaska Native" has only come about recently, as Native Alaskans
would refer to themselves in terms of their tribes. She
aknowledged some of the commonalities of Alaska Natives.
MS. TSIITS GIT'ANEE moved to slide 8 and pointed out that Alaska
Natives have three sovereigns: the 229 tribes, the state
government, and the federal government. She expressed the
opinion that these entities do not have to be averse to each
other; rather, they could be thought of as "exponential," as
each would be providing support to citizens. She said that
these systems could work together by government-to-government
consulting, compacting, contracting, collaborating, co-creating,
and co-managing.
8:36:30 AM
MS. TSIITS GIT'ANEE skipped the video on slide 9 because of a
technical difficulty. She moved to slide 10, which displayed a
table clarifying the creation and designation of tribal
entities, and the constructs that come out of state and federal
law. She stated that Alaska tribes have an inherit power, which
predates the United States; however, because of the diversity of
Alaska Native peoples, there is not just one-way of expressing
this. She explained that Native governance structures have
traditionally been reflected in the different Native social
structures. In example, she pointed out that the Tlingit and
Haida have clans, and these clans govern identity, relationships
with other clans, relationships with the land and water, and
ceremonies. She added that the clans also govern disputes. She
reiterated that this would look different for other tribes in
the state.
MS. TSIITS GIT'ANEE, addressing the table of tribal entities,
pointed out that the modern construct of tribal governance was
formatted and designed by the federal government. She stated
that this was done using a template constitution created by the
Bureau of Indian Affairs. She explained that the 229 tribes
recognized by the federal government are organized into
traditional councils, which are sovereign governments. In
serving their citizens, tribal governments are able to undertake
the agendas themselves, or they could create organizations to
delegate the authority. She discussed different nonprofit
organizations that have this delegated tribal authority. She
added that this authority can also be removed, which would
remove a nonprofit's ability to govern the tribal citizens;
however, the nonprofit could still exist under state or federal
law, but not on behalf of the tribe. She noted instances where
entities with tribal authority could collaborate with federal
law and policy, such as compacting. She stated that tribal
compacting with health care would be one example of tribes
deciding to act with each other, while acting with the federal
government.
8:53:01 AM
MS. TSIITS GIT'ANEE, in response to a committee question,
confirmed that she had been discussing Public Law 93-638, the
Indian Self-Determination and Education Assistance Act (ISEDAA).
She expressed the understanding that the state is now involved
with education compacting, and this would be similar to its
involvement with Native child welfare services.
MS. TSIITS GIT'ANEE aknowledged that there could be confusion
concerning the construction of Alaska Native Corporations
(ANCs). She explained that the Alaska Native Claims Settlement
Act (ANCSA) is the federal law that implicates state law and
Alaska Native peoples. She stated that while ANCSA has created
12 regional Alaska Native corporations and around 200 Alaska
Native village corporations, it was "silent on tribes." She
pointed out that Native corporations create their own "nonprofit
arms," which look different for each corporation, [and this
could cause confusion]. She aknowledged that the unclear
correlation between federally recognized tribes and ANCs could
cause further confusion. She continued that understanding where
these entities derive their authority could help lawmakers
better understand the different relationships.
8:58:09 AM
MS. TSIITS GIT'ANEE, in response to a committee question
concerning the complicated tribal-governance system, expressed
uncertainty on the existence of any document that would break
down all the organizations in a visual manner. She referenced
resources that possibly could provide this information,
including the Alaska Federation of Natives and the First
Alaskans Institute.
MS. TSIITS GIT'ANEE moved to slide 11, which displayed a map of
the 229 federally recognized tribes in Alaska. She expressed
the understanding that Native villages in the state have an
average population of around 300 people, and she explained that
these villages would be the responsible body for providing the
local government services needed by citizens. She emphasized
the amount of work it takes for these small communities to
compact and communicate with federal and state governments, as
this is done without revenue from taxes. She pointed out that
the funds to run these communities would come from grants and
from the federal government. She moved to slide 12, which
displayed a breakdown of the different tribes in Alaska. She
stated that the population of Alaska Natives in the state has
increased from 19.5 percent to 22 percent, per the 2020 United
States census. She expressed the understanding that, from her
research, it was found that Alaska Natives actually make up
around 33 percent of the state's population.
MS. TSIITS GIT'ANEE moved to slide 13 and slide 14 and discussed
the concept of race in the country and Alaska Natives. She
explained that tribal citizenship and Native status are not
race-based; however, as citizens of the United States, Alaska
Natives would fall in the protected class of citizens under the
Fourteenth Amendment of the Constitution of the United States.
She further explained this in terms of the inherit system of
governance of Alaska Natives. She discussed the Indian Child
Welfare Act as a politically protected status.
9:12:38 AM
MS. TSIITS GIT'ANEE moved to slide 15, which provided a brief
review of Alaska Native organizations in the state. She
explained that some are statewide in nature, while others are
community specific and regionally specific. She moved to slide
16 and pointed out the map of ANCSA corporations superimposed
with a map of Alaska Native languages. On slide 17, she stated
that while tribes and corporations are autonomous, independent,
and interdependent, Alaska Natives would be related through the
cultural context. She explained that this cultural relationship
does not mean there are legal obligations; rather, tribes and
corporations would work together using this cultural context.
She reiterated that the tribes and corporations are different
entities with different authorities; however, this does not mean
these entities would be in conflict. She stated that no law
requires corporations and tribes to work together; rather,
"people have to want to work together." She pointed out that
communicating with a corporation would not be the same as
communicating with a tribe, and she acknowledged that this can
be difficult to understand. She explained that the federal
government does not give sovereignty to tribes; rather, this
would be derived from the tribes' inherent existence, as they
existed before the United States. She continued that [ISDEAA
and ANCSA] are ways of federally recognizing tribes. She
recommended speaking directly to the corporations and tribes to
understand the relationships better.
MS. TSIITS GIT'ANEE pointed out that this conversation does not
only concern the federal government, as the state has also
recognized its government-to-government relationship with tribal
entities. She suggested that the committee, as part of the
state government, could work to build relationships with Native
corporations and tribes. She spoke about the relationships
between the different corporations and tribes, and she explained
the concept of "concurrent community care," noting that these
entities have responsibilities to each other. She pointed out
that because of the geographic distinctions in the state,
municipalities have been formed in unique ways, and they have
different ways of working with tribes. She discussed the
variations of these relationships.
9:23:44 AM
MS. TSIITS GIT'ANEE moved to slide 18 and aknowledged that
Public Law 280 could also be confusing. She explained that this
law allows the state to act as the federal government in terms
of criminal and civil jurisdiction. Because of this, she
pointed out that the State of Alaska has sued Native tribes many
times. She added that disparity can be seen in the way law
enforcement and dollars are distributed in the state. In
example, she discussed the problems with law enforcement in the
villages and the lack of Village Public Safety Officers (VPSOs).
She emphasized the limited resources provided to villages for
criminal issues. She expressed the understanding that there has
been more interest in fish and game violations in the villages
than in the cases involving missing and murdered Native
Alaskans. She argued that the Native citizens deserve better.
She discussed the working relationship between the tribal courts
and state courts, as cases are transferred from the state to the
tribes; however, the resources to support these cases have not
been transferred. She shared stories of her father and uncle,
who had both worked for their tribal government. She discussed
how state and tribal law systems work together, and she
suggested that the committee could address issues in the same
way, from a government-to-government position.
9:30:36 AM
MS. TSIITS GIT'ANEE, in response to a committee question,
expressed uncertainty on the number of tribal courts in Alaska;
however, she stated that the Tribal Law and Order Act of 2010
had triggered a study, and she offered to follow up to the
committee with the link to this resource.
REPRESENTATIVE STORY commented on VPSOs in the state, expressing
the understanding that these officers have had a pay increase.
She pointed out that the gaps in this funding should be better
understood.
CHAIR DIBERT commented on the committee's future schedule
concerning this topic.
MS. TSIITS GIT'ANEE shared a story of her participation in the
first VPSO banquet. She also shared the story of Michael Gho, a
VPSO from Fairbanks, and his involvement in helping save some
community members who went missing in the middle of winter.
Continuing with the presentation, she discussed the Native ways
of knowing concerning the land and weather, as this knowledge
has enabled tribes to provide for themselves. On slide 19, she
pointed out a passage shared by a participant during the
Protecting Our Ways of Life Summit, which was hosted by the
First Alaskans Institute in 2020. She paraphrased from the
slide, which read as follows [original punctuation provided]:
Hunger knows no law... what we struggle to get through
is our hunger in our minds, spirit and souls. That's
what happens when we aren't able to get out on the
lands and water, to harvest for all of our sustenance.
Hunger in our stomach, mind, body and soul. When our
people are oppressed and restricted in our ways of
life, it creates a void, a hurt that our Ancestors
went through.
MS. TSIITS GIT'ANEE stated that the ability for Natives to live
their ways of life is not just about food, it is about
nourishing "who we are." She stated that this concerns Native
government systems, arts, oral histories, kinship systems,
relationships to nonhuman beings, and more. She paraphrased a
quote from Paul Ontooguk, a retired Inupiaq professor, as seen
on slide 20, which read as follows [original punctuation
provided]:
We've lived in places with such efficiency and grace
that later people who have come to our homelands have
considered them to be empty of human beings; and
they've called this a wilderness because they didn't
see us in those places. They couldn't imagine that a
people could live so well in a land that it would
appear untouched by them. And we live with the dilemma
of that to this day.
MS. TSIITS GIT'ANEE pointed out how long Native peoples'
inherent sovereignty has allowed them to survive in places
considered "inhospitable," and she argued for the realization of
this concerning Native governance. She discussed the idea of
"subsistence," in terms of the Native ways of life. She argued
that Alaska Natives should not be considered "stakeholders," as
this is their way of life. She pointed out that this is one of
the most litigated matters between Alaska Native peoples and the
state and federal governments. She expressed the importance in
determining a method of co-management of these resources. She
argued that the term "subsistence" is inadequate to describe the
ways of life of Native peoples, which is a system of being.
However, she aknowledged that "subsistence" has become a legal
term.
9:42:42 AM
MS. TSIITS GIT'ANEE moved to slide 21, which listed some
protocols that Alaska Native peoples and their organizations use
for working together on a government-to-government basis. She
discussed each protocol and how they interrelate. Concerning
the protocol of respecting tribes as co-equal governments, she
said this concerns working together. She explained that this
could be done by focusing on relationships that are not simply
transactional, but enduring. She continued that addressing
"hard things" together would create trust. She pointed out that
often entities only know each other in the courts. She asserted
that these types of interactions do not create enduring
relationships. She opined that if there is a desire to be
involved in the process of discussing difficult issues in the
room together, trust could be created, as opposed to just saying
"no."
MS. TSIITS GIT'ANEE suggested that to build "government-to-
government muscle," the committee should meet with the tribes.
She suggested that this would lead to finding solutions and
innovations. She pointed out that the state, federal, and
tribal governments have a shared responsibility to the same
citizens. Continuing with the protocols, she stated that
working with Native organizations would create a path. She
pointed out that Native communities have expressed frustration
that, when visiting, policy makers "fly in and fly out." She
suggested that the policy makers might not be listening or
learning about the communities. She discussed the Native
concept of "visiting" and related this with her personal
experiences. She urged committee members to visit with Native
communities during the good and the bad times. She moved to the
protocol of sharing resources, which includes funding,
infrastructure, and time. She noted that humor is a shared
value across all Native communities, as it can be medicinal and
used as a learning framework. She expressed the opinion that
when people are working together, "if you're not getting teased,
if people are not trying to laugh with you and find a
commonality with you ? that's a red flag." In conclusion, she
stated that in Native communities the greatest gift a person can
give is spending time with Native Elders.
10:01:48 AM
CHAIR DIBERT thanked the presenter and gave closing comments.
10:02:49 AM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Tribal Affairs meeting was adjourned at
10:03 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Complexity in Action-Alaska Native Governance for AK Tribal Affairs.pdf |
HTRB 3/27/2025 8:00:00 AM |