HB 123-STATE RECOGNITION OF TRIBES  4:47:11 PM CHAIR SHOWER announced the consideration of HOUSE BILL NO. 123 "An Act providing for state recognition of federally recognized tribes; and providing for an effective date." 4:47:47 PM CHAIR SHOWER opened public testimony on HB 123. 4:48:10 PM JACQUELYN ARNACIAR BOYER, Policy and Campaign Director, Native Peoples Action and Native Peoples Action Community Fund, Palmer, Alaska, stated strong support for HB 123. She said state recognition of federally recognized tribes in Alaska through legislative action is long overdue. It will heal and validate the legitimacy of Native people in Alaska and the federally recognized tribes to which they belong. It will mean so much, she said. 4:49:38 PM SHARON HILDEBRAND, Village Outreach Liaison, Doyon Limited, Fairbanks, Alaska, testified in support of HB 123 on behalf of Doyon Limited and as a tribal member of the Native Village of Nulato that is located on the banks of the Yukon River. She shared that she told her sons that she loved them before they left for school. She does that because simple statements of recognition do make a difference. If the state were to recognize the tribes in Alaska, it would make a difference. MS. HILDEBRAND related that Doyon Limited is celebrating its 50th anniversary this year as one of the original 13 Native corporations established under the terms of the Alaska Native Claims Settlement Act (ANCSA). The tribes have been instrumental in making ANCSA a success. She highlighted that tribal powers have been recorded throughout history. She recounted that in early 1915 Judge Wickersham met with tribal chiefs from the Interior to discuss issues of encroachment. He came to the meeting in support of forming a reservation system in Alaska. However, he listened to everybody who spoke and ultimately supported the notion that tribes need to participate in their relationship with the government to acquire medical, educational, and employment opportunities. The reservation system that Judge Wickersham initially supported was not implemented because he chose to listen to the tribes. That made a difference; telling her sons she loves them makes a difference; and it will make a difference if the legislature recognizes the 229 tribes in Alaska. It will make a difference in her sons' future. 4:52:43 PM LISA RUSH, Alaska Black Caucus (ABC), Anchorage, Alaska, testified in support of HB 123. She stated that ABC advocates for Black, indigenous, and other people of color to eliminate all forms of racial prejudice and keep people aware of the adverse effects of racial, educational, political, and economic discrimination. She encouraged the committee and entire Senate to pass HB 123 to require the state to formally recognize the sovereign status of the 229 federally recognized tribes in Alaska. She said this is a first step in unlocking Alaska's problem-solving potential. The state and tribes can then leverage their combined status to tackle the challenges facing the state and enhance the lives of all Alaskans. 4:55:12 PM} ALMERIA ALCANTRA, representing self, Palmer, Alaska, testified in support of HB 123. She stated that her family has lived on Ahtna land near what is known as Palmer for ten thousand years. She grew up in the culture and learned from elders and family. She said she wants to ensure that her children and all future generations have access to traditional knowledge and ways of life and that their history, culture, communities, government, and relationship to the state are recognized. She said that acknowledging tribal sovereignty and rights will create a safe and sustainable future for the next generations. 4:56:20 PM JANINE AVNER, President, Board of Directors, Baan O Yeel Kon Corporation, Fairbanks, Alaska, stated that she was also representing herself as an Athabaskan, Koyukon, and a Rampart Village tribal member in the Doyon region. As a practicing attorney she has worked with numerous entities on governance issues and today she was advocating for passage of HB 123, which would compel the State of Alaska to recognize the 229 federally recognized tribes in Alaska. It is time for the state to formalize and codify this recognition. It will bring clarity and transparency, which is the vehicle for better communication, partnership building, and better outcomes in all sectors. The bottom line is that everyone wants to make a positive difference. Ownership brings excellence as evidenced by the success of the extraordinary tribal healthcare system in Alaska. Having a voice and representation at the table will also bring into focus the hardships Native communities face and the services and infrastructure that are needed. Self-governance is already taking place but it needs legitimacy. Some partnerships with the state have been good and it is time to build on and expand those in all departments. MS. AVNER offered her belief that this is a pivotal time in the country's history and it was time to listen and respect each other and work together. Alaska tribes are competing daily with tribes in the Lower 48 for federal funding and state support would help to balance the scale. HB 123 is a win-win and could be a game-changer for the state. 5:00:49 PM EDEN ROMEO, representing self, Anchorage, Alaska, testified in support of HB 123. She said she was pleased to see such support for tribal recognition when HB 123 passed the House because she believes that the recognition is an inherent sovereignty of Alaska's 229 federally recognized tribes. It is long overdue. Alaska's indigenous people have practiced their own cultures and self-governance for time immemorial. The federal government has recognized 574 tribes, including the 229 tribes in Alaska, but the state recognizes none of these tribes as a sovereign. HB 123 recognizes tribes but it does not change any legal rights. State recognition carries weight and will open opportunities for federal funding and the potential for government-to-government relationships. She concluded that the state has nothing to lose by recognizing the inherent sovereignty of tribes in Alaska and it is a little frustrating that this is not already policy. She urged the committee to pass HB 123. 5:03:05 PM CARRIE STEVENS, representing self, Fairbanks, Alaska, testified in support of HB 123. She stated that HB 123 provides for the wellness of all Alaskans. It creates a path forward of healing and working together for the unified wellness of place and people. She clarified that the bill does not give any new status, legal authority, jurisdiction, funding, or rights to the existing federally recognized tribes in Alaska. She urged the members to reach out to UAF faculty, of which she is a member, for more information on such issues. She highlighted that tribal governments bring over $2 billion to the state each year in health care and Bureau of Indian Affairs funding. This money could be used to build a stronger Alaska together, she said. Over $11 million was for climate resilience. Working together is a path forward for all Alaska's children. The bill is about recognition; it does not create any new jurisdictions. It represents hope for all Alaska citizens and true recognition of the First Alaskans. 5:05:09 PM DELORES LARSON, representing United Tribes of Bristol Bay (UTBB), Koliganek, Alaska, stated that UTBB's mission is to protect the cultures and traditional ways of life of the Yupik, Alutiiq, and Dena'ina people. It represents 15 tribal governments and more than 80 percent of the population of Bristol Bay. On behalf of UTBB, she voiced full support for HB 123 and the formal recognition of the 229 federally recognized tribes in Alaska. This would allow the governments to work cooperatively to better serve all Alaskans in the challenging areas of public safety, health care, education and housing, among others. Not recognizing tribes is a disservice to all citizens. She pointed out that the inherent sovereignty of Alaska's tribes was not granted by federal or state action because it predates these governments. However, state recognition of Alaska's tribes would acknowledge the added strength of working together. She urged the committee to support this landmark step and pass HB 123. 5:08:01 PM MARGARET TARRANT, representing self, Anchorage, Alaska, testified in support of HB 123. She stated that she is a tribal citizen of the Mandan, Hidatsa, and Arikara nations of North Dakota and the mother of Inupiaq children. She reported that she grew up on the East Coast and witnessed first-hand the benefits of state recognition of tribal nations when she visited her sister-in-law's family that is part of the Shinnecock Indian Nation of Long Island, New York. At the time the federal government did not recognize these tribal nations but state recognition made it possible for the nations to access federal funding for educational, judicial, and health programs. Her nieces and nephews were able to go to their own school and learn about the history and culture of the Shinnecock Nation. Both a health clinic and community center were built. Because of the support from the State of New York, she has great-nieces and great-nephews who know who they are and where they come from. She questioned why the state did not recognize its tribes when it would enable Alaska Natives to access programs that would help preserve what culture they have left. She urged the legislature to give her Inupiaq children the same opportunities that indigenous children in other states enjoy. 5:10:22 PM RHONDA PITKA, Chief, Village of Beaver, Beaver, Alaska, stated support for HB 123 on behalf of the Beaver Village Council. She described the legislation as an important step forward for the state and tribal governments. She said the state has treated tribal recognition differently from administration to administration which led to a schizophrenic and often volatile relationship between the state and tribal entities. In 1990, Governor Steve Cowper issued Administrative Order 123 recognizing tribes in Alaska and Governor Walter Hickel rescinded the order. Thereafter, Governor Tony Knowles recognized tribes in Administrative Order 186 and through an agreement that was intended to establish a lasting government- to-government relationship with Alaska's sovereign tribes. The three subsequent governors simply ignored both the Executive Order and the agreement. In 2017 the attorney general in the Walker administration analyzed the issue and found that tribes do exist in Alaska and are governments with inherent sovereignty. She pointed out that Alaska tribes have already contributed to solutions on the issues related to health care, public safety, child welfare, hunting and fishing, and food security. Passing HB 123 will show the rest of the nation how tribes in Alaska and the State of Alaska can work together for the betterment of their citizens. 5:13:12 PM BROOKE WOODS, representing self, Rampart, Alaska, testified in support of HB 123. She described HB 123 as an important step in strengthening the partnership between Alaska Native tribes and the State of Alaska. It recognizes and enhances the ability of tribes to continue the tradition of providing vital resources to the state. With state recognition and support, tribes find more support for their governmental and judicial activities. She said the legislation does not change the status of tribes, but it would affect the tumultuous relationship between the state and its 229 federally recognized tribes. Passing the bill will show tribal citizens that the state recognizes not just the problems, but also the successes. It will force acknowledgment that tribes in Alaska are leading the country in healthcare and that they are working to retain Native languages and their intimate knowledge of the land, rivers, animals, and fish. She urged the committee to pass HB 123 in its current form. 5:15:14 PM ROSE O'HARA-JOLLEY, representing self, Fairbanks, Alaska, testified in support of HB 123. She said state recognition will strengthen the existing government-to-government relationship. She expressed appreciation for the stewardship of the land called Alaska since time immemorial. Tribal recognition is one step in ensuring that everyone works together to care for the place that all Alaskans call home. She restated support for HB 123 and expressed hope that the committee would too. 5:16:14 PM DEWEY HOFFMAN, Tribal Government and Client Services Deputy Director, Tanana Chiefs Conference (TCC), Fairbanks, Alaska, testified in support of HB 123. He stated that TCC is an Alaska tribal health and social services consortium that provides a unified voice to advance sovereign tribal governance through promotion of physical and mental wellness, education, socioeconomic development and culture of the Interior Alaska Native community. He related that he was also offering testimony on behalf of the Alaska Regional Coalition, which is a consortium of four Alaska Native tribal nonprofits and one regional tribe. Altogether, ARC represents about 160 communities and 65,000 people. He explained that each tribe is a distinct tribal government entity that works to define local goals and priorities and build capacity. He said the policy of self- determination is a powerful tool to define and meet ongoing needs of tribes. Tribes work together to promote healing, responsive planning and educational efforts. He stated full support for HB 123 and the long-standing efforts to strengthen the relationship between Alaska Native tribes and the State of Alaska. 5:18:13 PM MICHAEL GARVEY, Advocacy Director, American Civil Liberties Union (ACLU) of Alaska, Anchorage, Alaska, testified in support of HB 123. He stated that all people in the U.S. are entitled to their constitutional rights and indigenous people also have the right to tribal self-governance. He described HB 123 as an overdue step to correct the state's history of denying the existence of tribes. The tribes in Alaska have governed their communities for millennia, yet state law still reflects the era when Alaska denied the legitimacy of tribal governments. Formally recognizing the tribes in Alaska in statute is a step toward reconciliation and will allow state law to reflect their inherent sovereignty. HB 123 is also good policy. It offers an opportunity for Alaska to build a better relationship between state government and tribes. The government-to-government partnership will benefit the entire state. He stated particular support for partnerships to further community health and safety and work toward reducing the disproportionate rate of Alaska Natives who are incarcerated. With an equal seat at the table, Alaska Native leadership can help the state tackle these and other long-standing issues. He restated support for HB 123. 5:20:19 PM WILLY KEPPEL, representing self, Quinhagak, Alaska, stated total opposition to HB 123 because it contains the word "sovereignty." He opined that means that every Alaska Native who lives in the Bush loses their right to use state courts to settle disputes and challenge tribal courts. He charged that on the Yukon- Kuskokwim Delta, the court routinely banished people from their village and sent them to Bethel, Fairbanks, or Anchorage where they became homeless. He stated support for tribes and villages working together and then said the bill needs language that gives Native children "American" rights. He concluded saying, "This reservation status is a bad, bad idea." 5:22:05 PM CHAIR SHOWER closed public testimony on HB 123 and held the bill for future consideration.