Legislature(2025 - 2026)DAVIS 106

04/17/2025 08:00 AM House TRIBAL AFFAIRS

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Audio Topic
08:04:49 AM Start
08:05:27 AM Presentation: Tribal Justice & Tribal Court
09:57:46 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Tribal Justice & Tribal Court by TELECONFERENCED
Rick Garcia, Director of Law Policy, Alaska
Native Women's Resource Center; and Alex
Cleghorn, Chief Operating Officer, Alaska Native
Justice Center
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
           HOUSE SPECIAL COMMITTEE ON TRIBAL AFFAIRS                                                                          
                         April 17, 2025                                                                                         
                           8:04 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Maxine Dibert, Chair                                                                                             
Representative Ashley Carrick                                                                                                   
Representative Andi Story                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                              
Representative Robyn Niayuq Burke                                                                                               
Representative Jubilee Underwood                                                                                                
Representative Elexie Moore                                                                                                     
Representative Rebecca Schwanke                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION:  TRIBAL JUSTICE & TRIBAL COURT                                                                                    
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
RICK HASKINS-GARCIA, Director of Law Policy                                                                                     
Alaska Native Women's Resource Center                                                                                           
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Co-presented a PowerPoint, titled "The                                                                   
Evolving Legal Landscape of Alaska Tribal Justice."                                                                             
                                                                                                                                
ALEX CLEGHORN, Chief Operating Officer                                                                                          
Alaska Native Justice Center                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Co-presented a PowerPoint, titled, "The                                                                  
Evolving Legal Landscape of Alaska Tribal Justice."                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:04:49 AM                                                                                                                    
                                                                                                                                
CHAIR MAXINE DIBERT called the  House Special Committee on Tribal                                                             
Affairs meeting to  order at 8:04 a.m.   Representatives Carrick,                                                               
Story, and Dibert were present at the call to order.                                                                            
                                                                                                                                
^PRESENTATION:  Tribal Justice & Tribal Court                                                                                   
          PRESENTATION:  Tribal Justice & Tribal Court                                                                      
                                                                                                                              
8:05:27 AM                                                                                                                    
                                                                                                                                
CHAIR DIBERT announced  that the only order of  business would be                                                               
a presentation on tribal justice and tribal courts.                                                                             
                                                                                                                                
8:06:21 AM                                                                                                                    
                                                                                                                                
RICK  HASKINS-GARCIA,  Director  of  Law  Policy,  Alaska  Native                                                               
Women's  Resource Center  (AKNWRC), co-presented  the PowerPoint,                                                               
titled "The  Evolving Legal Landscape of  Alaska Tribal Justice."                                                               
He introduced himself  to the committee, as seen on  slide 2.  He                                                               
stated that  AKNWRC is a  tribal nonprofit organization  based in                                                               
Fairbanks.   He stated that since  2018 he has worked  along side                                                               
tribes in Alaska to help build the tribal justice systems.                                                                      
                                                                                                                                
8:08:18 AM                                                                                                                    
                                                                                                                                
ALEX  CLEGHORN, Chief  Operating Officer,  Alaska Native  Justice                                                               
Center (ANJC), co-presented the  PowerPoint, titled "The Evolving                                                               
Legal  Landscape  of  Alaska  Tribal  Justice."    He  introduced                                                               
himself to the committee, as seen on  slide 3.  He shared that he                                                               
was born and raised in Alaska, and  he is a tribal citizen of the                                                               
Tangirnaq  Native  Village.    He  stated that  he  has  been  an                                                               
attorney for  over twenty  years, working most  of that  time for                                                               
tribes and tribal  organizations.  He stated that he  is a member                                                               
of his  tribal council and  a member of his  regional corporation                                                               
board.   He stated that  the work he does  at ANJC is  devoted to                                                               
representing   and   supporting   tribes   and   tribal   justice                                                               
initiatives.  He  noted that ANJC represents  child welfare cases                                                               
and victims of violent crime cases in the state court.                                                                          
                                                                                                                                
8:09:45 AM                                                                                                                    
                                                                                                                                
MR. HASKINS-GARCIA gave an overview  of the presentation, as seen                                                               
on  slide  4,  which  read   as  follows:  [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     • ALASKA'S DOCUMENTED DANGER FOR ALASKA NATIVE WOMEN                                                                       
                                                                                                                                
     • HISTORY OF TRIBAL JUSTICE IN ALASKA                                                                                      
                                                                                                                                
     • TRIBAL JUSTICE SYSTEMS AND CHANGES IN HOW THE STATE                                                                      
         OF ALASKA HAS RECOGNIZED TRIBAL AUTHORITY AND                                                                          
     JURISDICTION                                                                                                               
                                                                                                                                
     • THE VIOLENCE AGAINST WOMEN ACT 2022 REAUTHORIZATION                                                                      
                                                                                                                                
MR. HASKINS-GARCIA  moved from slide  6 to slide 8  and discussed                                                               
AKNWRC.   He  stated that  AKNWRC organized  in 2015,  and it  is                                                               
dedicated  to   strengthening  the   response  of   local  tribal                                                               
governments  by organizing  community  efforts.   He stated  that                                                               
AKNWRC  advocates   for  the  safety   of  women   and  children,                                                               
especially  from domestic  and  sexual abuse  and  violence.   He                                                               
pointed out  that all the  board members are Alaska  Native women                                                               
and  longtime  advocates.   He  directed  attention  to  AKNWRC's                                                               
mission,  which  is  to  have   tribal  women,  communities,  and                                                               
families be  free from violence  and to have healing  from trauma                                                               
by utilizing the  wisdom of tribal ancestors  to create effective                                                               
community and tribal responses to the violence.                                                                                 
                                                                                                                                
MR.  HASKINS-GARCIA discussed  the funding  for AKNWRC,  which is                                                               
through the U.S. Department of  Health and Human Services, Office                                                               
of Family  Violence and Prevention  Services.  He  continued that                                                               
AKNWRC  is  also the  designated  Alaska  Native Tribal  Resource                                                               
Center, and  it is responsible  for focusing on  the intervention                                                               
and prevention of family violence,  domestic violence, and dating                                                               
violence.    He  stated  that this  is  done  through  culturally                                                               
sensitive   statewide   information,  training,   and   technical                                                               
assistance designed  to reduce  tribal disparities  within Alaska                                                               
Native communities.  He stated  that AKNWRC relies heavily on its                                                               
tribal, state, and national partners, as seen listed on slide 8.                                                                
                                                                                                                                
8:13:49 AM                                                                                                                    
                                                                                                                                
MR. HASKINS-GARCIA moved to slide 9  and slide 10 and pointed out                                                               
the problem  of domestic violence  and homicide of  Alaska Native                                                               
women.  He stated that the  Violence Policy Center has produced a                                                               
report for  each state,  and this  report tracked  female victims                                                               
who were  killed by male offenders.   For Alaska, he  stated that                                                               
the center found a prolonged  epidemic of deadly violence against                                                               
all women.   He pointed  out that the  graph on the  slide showed                                                               
that Alaska  had the highest  homicide rate  in the U.S.  in 2020                                                               
for female victims killed by male  offenders.  He added that this                                                               
was for single-victim or single-offender  incidents, and this was                                                               
the seventh  year in a  row that Alaska  held this position.   He                                                               
emphasized that  for the last  decade Alaska has ranked  first or                                                               
second in the nation for women killed by men.                                                                                   
                                                                                                                                
8:15:57 AM                                                                                                                    
                                                                                                                                
MR.  HASKINS-GARCIA moved  to  slide 11  and  stated that  Alaska                                                               
Native women  are killed at 10  times the rate than  white women.                                                               
He pointed out  the unique challenges in  Alaska concerning these                                                               
high rates of violence, and  this includes the state's geographic                                                               
and  infrastructural challenges  that  would  delay an  emergency                                                               
response.  He  noted that many remote communities  lack local law                                                               
enforcement presence,  which also results in  a delayed response.                                                               
Other issues that could cause  a delayed law enforcement response                                                               
include weather issues and communication  gaps.  He discussed the                                                               
complexity of the jurisdictions in the state.                                                                                   
                                                                                                                                
MR. HASKINS-GARCIA pointed out that  there are also socioeconomic                                                               
factors concerning these high rates  of violence.  He pointed out                                                               
the historical  trauma from colonization and  forced assimilation                                                               
and the limited economic opportunities  in rural Alaska that keep                                                               
women  and  children trapped.    He  noted  that there  are  also                                                               
housing  shortages.   He reiterated  that in  2020 Alaska  Native                                                               
women were killed  at a rate of three- and  one-half times higher                                                               
than all women  killed in Alaska, which is 10  times the rate for                                                               
the murder of white women.   He pointed out that these statistics                                                               
represent real lives  and families.  He stated  that AKNWRC calls                                                               
for  action,  awareness,  and  legislative  prioritization.    He                                                               
emphasized  that preventative  measures are  more cost  effective                                                               
than reactive measures.                                                                                                         
                                                                                                                                
8:22:39 AM                                                                                                                    
                                                                                                                                
MR.  HASKINS-GARCIA  moved to  slide  12  and reported  that  the                                                               
National  Institute  of Justice  conducted  a  study on  violence                                                               
against American  Indian and  Alaska Native  Women, and  it found                                                               
that 84.3  percent of  these women  have experienced  violence in                                                               
their lifetime.   He noted that the data for  the study came from                                                               
2010.  He further discussed  a specific breakdown from the study,                                                               
as seen  on the slide.   He pointed  the conclusion of  the study                                                               
was overall,  more than  1.5 million  American Indian  and Alaska                                                               
Native women  have experienced  violence in  their lifetime.   He                                                               
added  that  there  are  multiple   reasons  for  this  violence,                                                               
including colonization and federal law.                                                                                         
                                                                                                                                
MR. HASKINS-GARCIA moved  to slide 13 and  explained that another                                                               
reason  for  these statistics  is  Oliphant  v. Suquamish  Indian                                                             
Tribe, 435 U.S. 191 (1978).   He stated that the court found that                                                             
Indian  tribes did  not have  criminal adjudicatory  jurisdiction                                                               
for  non-Indian  offenders in  Native  territory.   He  gave  the                                                               
details of  the case.  He  stated that this was  a departure from                                                               
200 years of  tribal Indian law.  He explained  that from 1978 to                                                               
2013  there was  a  high  rate of  violent  crimes by  non-Native                                                               
offenders with  no accountability,  which resulted in  more crime                                                               
on tribal  lands.  He  stated that in  Alaska, the state  has not                                                               
been able  to provide consistent  public safety services  off the                                                               
road system, negatively affecting these communities.                                                                            
                                                                                                                                
8:29:41 AM                                                                                                                    
                                                                                                                                
MR.   HASKINS-GARCIA,   in   response    to   a   question   from                                                               
Representative  Story, explained  that in  the court  decision it                                                               
was found that  tribes lacked jurisdiction over  non-Natives.  He                                                               
stated  that   tribes  could  exert  authority   over  their  own                                                               
citizens,  or citizens  from another  tribe, but  cases involving                                                               
non-Natives would go  to the federal government.   In response to                                                               
a follow-up question,  he stated that 1994 was the  first year of                                                               
the Violence  Against Women Act  (VAWA), and this  allowed tribal                                                               
courts to prosecute some non-tribal  citizens for certain crimes.                                                               
He explained that  there is an "irrational  fear" that non-tribal                                                               
citizens would  not receive  fair treatment or  due process  in a                                                               
tribal  court.    He  pointed  out that  now  tribal  courts  are                                                               
extremely precautious  and work  to mirror the  protections found                                                               
in federal and state courts.                                                                                                    
                                                                                                                                
8:34:05 AM                                                                                                                    
                                                                                                                                
MR. HASKINS-GARCIA  pointed out  that the  history of  the tribal                                                               
court systems  in Alaska  is unique.   He moved  to slide  15 and                                                               
directed attention to a quote  from Rose Borkowski, a late Yup'ik                                                               
Elder.    He read  the  quote,  which explained  how  traditional                                                               
justice had been  implemented by tribes in the  past for domestic                                                               
violence,  and  the  community centered  approach  they  took  to                                                               
restore balance.  He emphasized  that offenders were not punished                                                               
but taught how  to interact with people properly.   He noted that                                                               
Elders  had  played a  central  role  as culture  experts,  often                                                               
serving  as  mediators.   He  stated  that the  entire  community                                                               
participated when  addressing violent offenders, which  created a                                                               
sense of shared  responsibility.  These responses  had been aimed                                                               
at healing relationships, rather than isolating offenders.                                                                      
                                                                                                                                
MR. HASKINS-GARCIA moved to slide  16 and explained that prior to                                                               
Russian and  American contact, Alaska  Natives had  been governed                                                               
by  family  and  clan   relationships,  not  through  centralized                                                               
authorities.     He  reiterated  that  wrongdoing   was  seen  as                                                               
affecting the  entire family or  clan, and this created  a shared                                                               
responsibility.    He  stated that  traditional  justice  systems                                                               
varied across  the different cultural  tribes in Alaska,  as each                                                               
had  its own  systems  and traditions  that  reflected local  and                                                               
community  values;  however,  commonalities  were  present.    He                                                               
emphasized  that traditional  tribal  justice  systems lifted  up                                                               
women,  as  they  had  unique  roles  across  all  Alaska  Native                                                               
cultures.   He stated that female  Elders often were seen  as key                                                               
decision makers,  and violence against women  had been considered                                                               
an offense against  the entire community.  He noted  that many of                                                               
the   tribes  were   matrilineal,   with   rights  and   cultural                                                               
significance  passed  through  the  mother.   In  conclusion,  he                                                               
stated  that  traditional  tribal   justice  systems  focused  on                                                               
accepting  responsibility, correcting  wrongdoing, and  restoring                                                               
balance in the community.                                                                                                       
                                                                                                                                
8:41:35 AM                                                                                                                    
                                                                                                                                
MR. HASKINS-GARCIA moved  to slide 17 and slide  18 and explained                                                               
the impacts  of the Russian  colonization of Alaska,  which began                                                               
in  1784 and  lasted until  the  U.S. purchased  Alaska in  1867.                                                               
Russian  colonization had  disrupted  the  Alaska Native  justice                                                               
systems  that  had  existed  for thousands  of  years,  and  this                                                               
started the existence  of outside rule, which  continued into the                                                               
purchase of  Alaska by the  U.S.  He  stated that Russia  had not                                                               
give  Alaska  Natives sovereignty;  rather,  it  imposed its  own                                                               
legal practices.                                                                                                                
                                                                                                                                
MR. HASKINS-GARCIA  discussed how  American Indian  treaties were                                                               
made,  expressing  the understanding  that  almost  all of  these                                                               
treaties were violated  and broken.  He noted that  when the U.S.                                                               
purchased Alaska,  it made no  treaties with Alaska Natives.   He                                                               
stated that the purchase treaty  referred to Alaska Native people                                                               
as "uncivilized Native tribes."   He emphasized that the purchase                                                               
of Alaska had  been without the consent of the  tribes.  He noted                                                               
that most people at the  time considered Alaska a "useless land,"                                                               
while  Alaska  Natives maintained  that  they  had title  to  the                                                               
territory as the original inhabitants.   He noted that the treaty                                                               
did not include the consent of the Alaska Native peoples.                                                                       
                                                                                                                                
8:46:59 AM                                                                                                                    
                                                                                                                                
MR. HASKINS-GARCIA moved to slide  19 and discussed the influence                                                               
of the U.S.  government on tribal justice systems in  Alaska.  He                                                               
stated that the U.S. immediately  began to impose its policies on                                                               
the territory and  the people.  He stated that  the first federal                                                               
court was established  in Sitka in 1884, and this  was when civil                                                               
government was being administered on  the District of Alaska.  He                                                               
pointed  out that  this  period  represents a  loss  of land  for                                                               
tribes.   He pointed  out that,  at this time,  the U.S.  had not                                                               
recognized Alaska  Natives' title  to traditional  lands; rather,                                                               
the land was treated as public  domain.  He pointed out that this                                                               
had  created an  ambiguity with  the  legal status  of the  land,                                                               
which existed for over a  century, until the Alaska Native Claims                                                               
Settlement Act (ANCSA) in 1971.   He noted that once the U.S. had                                                               
taken control of  Alaska, a separate education  system for Alaska                                                               
Native children was created, and this  had led to the creation of                                                               
the missionary  and boarding  schools.  He  noted that  the first                                                               
Bureau  of Indian  Affairs school  was established  in 1925,  and                                                               
this  furthered the  segregation of  Alaska Native  peoples.   He                                                               
pointed  out that  when  the  U.S. took  control  of Alaska,  the                                                               
transformation  of Native  landowner  concepts  changed from  the                                                               
traditional,  collective  stewardship  models  to  individualized                                                               
property  rights.   He  stated  that  this shift  undermined  the                                                               
tribal  government systems,  where land  decisions had  been made                                                               
collectively.                                                                                                                   
                                                                                                                                
8:52:58 AM                                                                                                                    
                                                                                                                                
MR.  HASKINS-GARCIA  moved  to   slide  20  and  discussed  post-                                                               
statehood in Alaska.  He explained  that in 1959 the newly formed                                                               
state government  expanded its  power.  He  stated that  this was                                                               
done  by   providing  resources  to  communities   to  have  city                                                               
councils,  different   from  the  village  councils,   and  state                                                               
magistrates  were put  forward to  assume judicial  roles.   This                                                               
system  of government  was set  up  in preference  to the  tribal                                                               
justice systems.                                                                                                                
                                                                                                                                
MR. HASKINS-GARCIA  directed attention to  the quote on  slide 21                                                               
by  Lisa  Ka'illjuus  Lang,  which   read  as  follows  (original                                                               
punctuation provided):                                                                                                          
                                                                                                                                
     Colonization   severed   Haida   people's   ties   with                                                                    
     ourselves,  each other,  our nation,  the land  and sea                                                                    
     reflected in  the disrespect for and  rates of domestic                                                                    
     and  sexual violence  against our  women and  children.                                                                    
     Our potlatches  are our ways of  upholding our societal                                                                    
     laws, and  these were outlawed  in Alaska in  the early                                                                    
     1900s and in Canada during the late 1800s.                                                                                 
                                                                                                                                
MR. HASKINS-GARCIA  asserted that the effects  of colonization on                                                               
Indigenous justice  systems were  detrimental, as  exemplified in                                                               
the  quote.   He  explained that  the  criminalization of  Native                                                               
potlatches had  eliminated these formal spaces  where traditional                                                               
justice had operated, making the  traditional protection of women                                                               
and children unenforceable.                                                                                                     
                                                                                                                                
MR.  HASKINS-GARCIA moved  from  slide  22 to  slide  24, and  he                                                               
pointed out  the eras of federal  Indian law.  He  explained that                                                               
the subject  is extremely  dense, and he  focused on  the current                                                               
era of 1994 to the  present, which is termed the "self-governance                                                               
era."    He  stated  that  an important  part  of  this  was  the                                                               
implementation of  the Tribal Self Governance  Program, which was                                                               
established in 1988.   He pointed out that this  stemmed from the                                                               
self-governance  compacts  for health  care.    He discussed  the                                                               
health  care  demonstration  project,  which  allowed  tribes  to                                                               
consolidate multiple  contracts and grants into  a single funding                                                               
agreement.    This allowed  tribes  to  assume control  over  the                                                               
management  of their  programs, as  opposed to  federal agencies.                                                               
He stated  that an amendment  in 1994 created a  permanent tribal                                                               
self-governance program,  as opposed to a  demonstration program.                                                               
He stated  that the  program has become  very successful,  as all                                                               
the  federal  Indian  programs  are carried  out  by  the  tribes                                                               
themselves,  and not  the  federal agencies.    He discussed  the                                                               
various  results of  this, including  VAWA.   He stated  that the                                                               
self-governance  era has  had many  positive  impacts on  tribes,                                                               
including  autonomy.     He  stated   that  there  has   been  an                                                               
enhancement to a  sophistication in tribal governance.   He noted                                                               
that  there are  still jurisdictional  challenges, especially  in                                                               
terms  of  non-Native  offenders.   He  also  noted  the  funding                                                               
inadequacies, despite  tribes having  more control  over resource                                                               
allocations.                                                                                                                    
                                                                                                                                
9:03:47 AM                                                                                                                    
                                                                                                                                
MR.   HASKINS-GARCIA,   in   response    to   a   question   from                                                               
Representative   Carrick  regarding   whether  the   Oliphant  v.                                                             
Suquamish  Indian  Tribe  decision  influenced  change,  directed                                                             
attention to Public  Law 280 (PL 280).  He  expressed the opinion                                                               
that after  the Oliphant decision, the  federal authorities' lack                                                               
of  support  to  the  communities had  been  irresponsible.    He                                                               
explained that the  victims [of crimes by  non-Natives] were left                                                               
without accountability and justice.                                                                                             
                                                                                                                                
REPRESENTATIVE  CARRICK opined  that  the  Oliphant decision  was                                                               
"more than irresponsible," and this is  a good example of how the                                                               
self-determination  era   had  positive   gains  and   the  right                                                               
direction.                                                                                                                      
                                                                                                                                
9:08:40 AM                                                                                                                    
                                                                                                                                
MR. HASKINS-GARCIA, in  response to a question  from Chair Dibert                                                               
concerning  the   changing  rates  of  violence   against  women,                                                               
expressed  uncertainty  why the  rates  dropped  in 2008  through                                                               
2010, and he offered to follow  up to the committee.  He deferred                                                               
to Mr. Cleghorn.                                                                                                                
                                                                                                                                
9:09:38 AM                                                                                                                    
                                                                                                                                
MR.  CLEGHORN expressed  uncertainty,  and he  suggested that  it                                                               
could be  tied to  the surge  in the  presence of  Village Public                                                               
Safety Officers, as this had been a priority during that time.                                                                  
                                                                                                                                
9:10:15 AM                                                                                                                    
                                                                                                                                
MR.   HASKINS-GARCIA,   in   response    to   a   question   from                                                               
Representative   Story,   emphasized   the  importance   of   the                                                               
restorative  justice  practice by  the  tribes.   As  the  tribal                                                               
justice system is  reinvigorated, he pointed out  that the Alaska                                                               
tribes are learning  from the tribes in the Lower  48.  He stated                                                               
that  while these  tribes mimic  the Western  government systems,                                                               
Alaska tribes  are reaffirming traditional justice  practices and                                                               
the restorative practice.  He  expressed doubt in the practice of                                                               
"locking  somebody away"  from  the community.    He opined  that                                                               
recognizing the importance of culture,  family, and community, as                                                               
rehabilitation,  would  allow  these people  the  opportunity  to                                                               
heal.                                                                                                                           
                                                                                                                                
MR. CLEGHORN  gave the  example that in  Juneau, the  Tlingit and                                                               
Haida  Indian Tribes  of Alaska  have been  operating a  juvenile                                                               
program  to divert  young people  from  the state  system into  a                                                               
healing-to-wellness court.                                                                                                      
                                                                                                                                
CHAIR DIBERT commented  on her experience with  potlatches in the                                                               
Interior  with her  tribe, and  she expressed  the importance  of                                                               
this.                                                                                                                           
                                                                                                                                
9:17:20 AM                                                                                                                    
                                                                                                                                
MR.  CLEGHORN   stated  that  his   goal  in   co-presenting  the                                                               
PowerPoint is  to highlight the  progress of  tribal jurisdiction                                                               
in Alaska.  He moved from slide  30 to slide 32 and addressed the                                                               
definition  of "inherent  tribal  sovereignty."   He stated  that                                                               
"inherent" means that autonomy would  not be derived from another                                                               
government.  He explained that  federal law has acknowledged that                                                               
tribal powers  are not stemming  from acts of the  U.S. Congress;                                                               
rather, they are  inherent sovereign powers that  have never been                                                               
extinguished.  He stated that  sovereignty predates the formation                                                               
of  the  U.S.,  as  tribes  have   been  on  the  land  for  time                                                               
immemorial,  and  federal  law  has  not  diminished  this.    He                                                               
addressed  the definition  of "tribal,"  pointing out  that there                                                               
are 229  tribes with  federal recognition.   This means  that the                                                               
federal government  has acknowledged  a specific group  of Native                                                               
people as a tribe and a  distinct political entity.  These tribes                                                               
have  a government-to-government  relationship  with the  federal                                                               
government,  and they  are sovereign  nations with  the right  of                                                               
self-governance.                                                                                                                
                                                                                                                                
MR. CLEGHORN defined "sovereignty" as  the right to make laws and                                                               
be  self-governed.   He emphasized  the importance  of using  the                                                               
term "citizen."  He stated  that "sovereignty" gives the right to                                                               
make laws and administer justice.   In conclusion, he stated that                                                               
sovereignty means the  right to govern, protect,  and enhance the                                                               
health, safety, and welfare of  citizens.  Connecting sovereignty                                                               
to  self-determination,  he stated  that  this  means the  Alaska                                                               
Native  peoples  would do  their  own  work.   He  asserted  that                                                               
sovereignty and self-determination are closely related.                                                                         
                                                                                                                                
MR.  CLEGHORN  moved  to  slide   33  and  asserted  that  tribal                                                               
jurisdiction is necessary to address  the safety crisis and child                                                               
welfare.   He pointed out  that Alaska Native children  are still                                                               
being removed from their homes.   He argued that tribes should be                                                               
able  to   exercise  their  own  jurisdiction   because  violence                                                               
committed with  no accountability  harms people  and communities.                                                               
He  maintained that  this accountability  does not  need to  look                                                               
like Western  accountability, but it  does need to  exist because                                                               
it is  a core part  of justice.   He expressed  the understanding                                                               
that each tribe would structure accountability differently.                                                                     
                                                                                                                                
MR.  CLEGHORN moved  to slide  34 and  addressed the  timeline of                                                               
tribal  jurisdiction in  Alaska from  1958  to the  present.   He                                                               
noted  that in  1958, PL  280  was extended  to "Indian  country"                                                               
within Alaska,  which put  federal law  in jurisdiction  in these                                                               
lands.  Next  on the timeline, he pointed out  that in 1971 ANCSA                                                               
was  created.   He  highlighted the  1978  Oliphant decision  and                                                               
expressed the  opinion that the  court's "weak reasoning"  in the                                                               
case  had not  recognized  that the  tribes  exist with  inherent                                                               
sovereignty.   He  stated  that this  rationale  "didn't go  much                                                               
deeper" than  recognizing that  the U.S.  exists, and  tribes are                                                               
"domestic," so tribes would not  have jurisdiction.  He expressed                                                               
the  understanding   that,  in   the  decision,  the   court  had                                                               
recognized it was creating a  problem, and it recognized that the                                                               
U.S. Congress would be the  branch of government to address these                                                               
concerns.   He stated that the  reparation of this did  not occur                                                               
until 2013.                                                                                                                     
                                                                                                                                
MR. CLEGHORN,  discussing the timeline,  pointed out that  in the                                                               
1999  case, John  v.  Baker,  982 P.2D  738,  761 (ALASKA  1999),                                                             
Alaska  courts  had  recognized   the  inherent  sovereignty  and                                                               
jurisdiction of tribes based on  "membership or citizenship."  In                                                               
2013, VAWA  had restored Lower  48 tribal jurisdiction  over non-                                                               
Native  people  who  committed domestic  violence,  and  in  2022                                                               
VAWA's reauthorization  occurred, and this is  when Alaska tribes                                                               
were  included.   He stated  that this  provides the  ability for                                                               
Alaska  tribes  to  have criminal  jurisdiction  over  non-Native                                                               
people who commit certain violent crimes within the village.                                                                    
                                                                                                                                
9:28:56 AM                                                                                                                    
                                                                                                                                
MR.  CLEGHORN,  in response  to  a  question from  Representative                                                               
Story,  explained that  in 2013  VAWA had  created a  pathway for                                                               
Lower 48  tribes to exercise criminal  jurisdiction on non-Native                                                               
people  who  committed  domestic  violence, but  Alaska  was  not                                                               
included.  He  stated that when VAWA was reauthorized  in 2022, a                                                               
chapter  about  Alaska  was  included.     He  stated  that  this                                                               
reauthorization had  expanded the  list of  eligible crimes.   In                                                               
response  to  a  series  of  follow-up  questions,  he  expressed                                                               
uncertainty  on the  number of  non-Native people  who have  been                                                               
charged in tribal  courts in the Lower 48.   He offered to follow                                                               
up  after the  meeting.   He  stated  that he  would  be able  to                                                               
provide the number of tribes in  the lower 48 that are exercising                                                               
criminal jurisdiction.                                                                                                          
                                                                                                                                
9:33:56 AM                                                                                                                    
                                                                                                                                
MR. CLEGHORN moved  to slide 35 and pointed out  the functions of                                                               
PL  280.     He  stated   that  it  allows  states   to  exercise                                                               
jurisdiction  in Indian  country; however,  Alaska does  not have                                                               
Indian  country, so  the jurisdictional  impacts of  this in  the                                                               
state are minimized.   He stated that PL 280  does affect federal                                                               
public safety and  justice funding; however, he  pointed out that                                                               
this funding has been diminished.   He stated that PL 280 did not                                                               
terminate  tribes, extinguish  tribal sovereignty,  or take  away                                                               
tribal jurisdiction.   On slide  36, he explained  ANCSA's effect                                                               
on  tribes  in  the  state.    He  stated  that  it  had  settled                                                               
Aboriginal  title  claims  and revoked  reservations,  which  had                                                               
impacted  the  territorial jurisdiction  of  Alaska  tribes.   He                                                               
stated  that ANCSA  did  not  terminate tribes,  and  it did  not                                                               
extinguish tribal sovereignty.                                                                                                  
                                                                                                                                
MR. CLEGHORN  stated that  because tribes in  Alaska do  not have                                                               
Indian  country  or reservations,  this  has  created a  question                                                               
about tribal  jurisdiction.   He stated  that the  Alaska Supreme                                                               
Court  in John  v. Baker  had  addressed this  question, and  the                                                               
court had found that Alaska  tribes do have jurisdiction, as seen                                                               
on  slide 37.    Moving to  the  next slide,  he  stated that  in                                                               
between  1999 to  2022 there  had  been many  court cases  around                                                               
tribal  jurisdiction,  but  with the  2022  VAWA  reauthorization                                                               
tribal jurisdiction was  affirmed.  He stated that  VAWA does two                                                               
things: it affirms Alaska tribes'  jurisdiction, and it creates a                                                               
pilot   project   for   Alaska  tribes   to   exercise   criminal                                                               
jurisdiction over  non-Native people  that commit  certain crimes                                                               
within  the village.   He  pointed out  that it  does not  create                                                               
Indian  country; rather,  it  recognizes a  village  as a  Native                                                               
territory.                                                                                                                      
                                                                                                                                
MR. CLEGHORN moved to slide 39  and stated that in VAWA 2022, the                                                               
U.S.  Congress   is  recognizing   and  affirming   the  inherent                                                               
authority  of Alaska  tribes occupying  the  village to  exercise                                                               
criminal  and civil  jurisdiction for  all Native  people in  the                                                               
village.                                                                                                                        
                                                                                                                                
9:39:54 AM                                                                                                                    
                                                                                                                                
MR. CLEGHORN moved  to slide 40, which listed the  types of cases                                                               
that  tribal justice  systems are  currently covering,  including                                                               
adoptions,  child   protection,  domestic   violence,  disorderly                                                               
conduct, drug  and alcohol  regulation, divorces,  and more.   He                                                               
stated  that  each  tribe  would  determine  the  extent  of  its                                                               
jurisdiction, and this  is often driven by community  need and by                                                               
available resources.                                                                                                            
                                                                                                                                
MR. CLEGHORN, on slide 41,  stated that Native villages in Alaska                                                               
are  under concurrent  jurisdiction  between  tribal, state,  and                                                               
federal courts; however, tribes  have exclusive jurisdiction over                                                               
internal  tribal  affairs.    He   stated  that  this  concurrent                                                               
jurisdiction is  found under  PL 280.   He expressed  the opinion                                                               
that  progress  needs to  be  made  concerning communication  and                                                               
collaboration in  the concurrent  jurisdiction between  the state                                                               
and  the   tribes.     He  noted   that  tribes   have  exclusive                                                               
jurisdiction  over   their  internal  government  affairs.     He                                                               
maintained that VAWA 2022 was  clear that concurrent jurisdiction                                                               
would not be disrupted, as seen on slide 42.                                                                                    
                                                                                                                                
MR. CLEGHORN, on  slide 43 through slide 46,  explained that some                                                               
of  the   details  of  tribal   jurisdiction  are   difficult  to                                                               
understand.   He directed attention  to the issue  of enforcement                                                               
within  the  tribe   and  outside  of  the   tribe.    Concerning                                                               
enforcement  outside of  the tribe,  he  said that  this is  done                                                               
either in  full faith and  credit or in  comity.  He  stated that                                                               
some federal statutes, such as  VAWA and the Indian child Welfare                                                               
Act,  require state  courts  to  give full  faith  and credit  to                                                               
tribal court  orders.  He  added that  this would also  concern a                                                               
protective order  issued by any  state, tribe, or  territory that                                                               
is violated  in another jurisdiction,  as this  jurisdiction must                                                               
enforce the  order as if  it were its own.   He pointed  out that                                                               
this area needs  more state collaboration, as  there continues to                                                               
be  confusion  about  tribal  court  protective  orders  and  the                                                               
responsibility to help with enforcement.                                                                                        
                                                                                                                                
9:44:52 AM                                                                                                                    
                                                                                                                                
MR. CLEGHORN  moved from slide 47  to slide 50, and  he addressed                                                               
the VAWA 2022 Pilot Project.   He stated that the statute asserts                                                               
that the Alaska  Tribes, who are meeting  standards in protecting                                                               
a  defendant's rights,  could  exercise  special tribal  criminal                                                               
jurisdiction over  certain crimes committed in  their villages by                                                               
non-Indian  perpetrators.    He  noted  that  in  this  situation                                                               
"defendant's rights"  would have the  same meaning as it  does in                                                               
the  Western   legal  system,   which  includes   free,  licensed                                                               
attorneys  for   poor  defendants,  law-trained   tribal  judges,                                                               
publicly  available  tribal   criminal  laws,  recorded  criminal                                                               
proceedings,  jury trials  with a  representative jury  pool, and                                                               
the right for  any non-Indian to file a  federal habeas petition.                                                               
He reiterated  that VAWA  2013 was  about domestic  violence, but                                                               
too many crimes  fell out of this federal definition.   He stated                                                               
that VAWA  2020 resulted from  the advocacy to expand  this list,                                                               
and now there  are nine listed crimes,  as seen on slide  49.  To                                                               
implement VAWA  2022, he stated  that the  Inter-Tribal Technical                                                               
Assistance Working  Groups (ITWG) were  created.  He  stated that                                                               
this group had been formed by  the Department of Justice (DOJ) in                                                               
2013 and has  met every year.   He noted that this  group is open                                                               
to all tribes.                                                                                                                  
                                                                                                                                
MR. CLEGHORN moved to slide 51  and stated that because Alaska is                                                               
unique, it formed its own ITWG, or  "AK ITWG."  He stated that it                                                               
is similar to the national  ITWG, but specifically for Alaska, as                                                               
Alaska tribes are working together  on public safety and justice,                                                               
in a peer-to-peer collaboration.   He added that there is Alaska-                                                               
specific technical  assistance.    He stated  that AK  ITWG began                                                               
meeting in 2024, and it has  had two meetings.  He explained that                                                               
DOJ had  chosen the Alaska Native  Justice Center to lead  the AK                                                               
ITWG, along with other partners, as  seen listed on slide 52.  He                                                               
pointed out  that Alaska has  two tracks for participating  in AK                                                               
ITWG.   He  stated  that  Track One  is  open  to all  interested                                                               
tribes, regardless  of whether they  plan to apply for  the Pilot                                                               
Program.    He  stated  that  this  track  includes  peer-to-peer                                                               
information   sharing,  and   members   would  receive   targeted                                                               
technical assistance.  He added that  tribes who wish to join the                                                               
AK ITWG should submit a letter to  DOJ.  He stated that Track Two                                                               
tribes are  those who have  expressed interest in  special tribal                                                               
criminal jurisdiction over non-Native people.   He pointed to the                                                               
list of interested tribes on slide 54.                                                                                          
                                                                                                                                
9:51:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARRICK expressed  appreciation to  the presenter                                                               
and expressed the  hope that the committee  could investigate the                                                               
topic further in the future.                                                                                                    
                                                                                                                                
CHAIR  DIBERT  expressed  appreciation  that  the  University  of                                                               
Alaska Fairbanks (UAF) is an AK  ITWG partner.  She mentioned the                                                               
Sophie  Sergi case  and expressed  the  importance of  protecting                                                               
Alaska Native women on campuses.                                                                                                
                                                                                                                                
MR. CLEGHORN  added that the  UAF's program on  tribal management                                                               
and government has  been working to get information  out on these                                                               
issues.   In  response to  a question  concerning other  possible                                                               
partners, he  stated that other non-profit  regional corporations                                                               
involved in similar tribal justice  support have been interested.                                                               
He expressed  gratitude for the opportunity  to share information                                                               
on the topic,  and he noted the complexity.   He pointed out that                                                               
compressing the information concerning  tribal justice and tribal                                                               
courts is a challenge.                                                                                                          
                                                                                                                                
MR. HASKINS-GARCIA  expressed his appreciation for  being able to                                                               
speak  before  the  committee.   He  noted  that  the  Chickaloon                                                               
Village would  be presenting to  the committee soon.   He pointed                                                               
out that it is one of  the participating villages in Track Two of                                                               
AK ITWG.  He expressed anticipation on hearing about its work.                                                                  
                                                                                                                                
CHAIR  DIBERT  thanked  the  presenters,  and  she  made  closing                                                               
comments.                                                                                                                       
                                                                                                                                
9:57:46 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Tribal Affairs  meeting  was adjourned  at                                                               
9:58 a.m.                                                                                                                       

Document Name Date/Time Subjects
2. Alaska Tribal Justice Opinions and Memos.pdf HTRB 4/17/2025 8:00:00 AM
AKNWRC and ANJC 2025 House Tribal Affairs Presentation - V2.pdf HTRB 4/17/2025 8:00:00 AM
Final ANJC House Tribal Affairs PPT Apr 2025.pdf HTRB 4/17/2025 8:00:00 AM
AKNWRC 2025 House Tribal Affairs Presentation.pdf HTRB 4/17/2025 8:00:00 AM