By unanimous vote, legislation codifying federal recognition of Alaska’s Tribes in state law for the first time passed the Senate late last week. Despite the shared values between Tribes and the State that seek to ensure vibrant and healthy communities, Alaska obtained statehood during an era of federal Indian policy where the federal government sought to terminate its trust relationship with Tribes, and while they embraced the change, by passing the Self Determination and Education Assistance Act in 1975, Alaska’s statutory policy towards Tribes is still deemed a relic of the past.
Sen. Lyman Hoffman (Bethel) tells the Senate that House Bill 123 doesn’t change Alaska’s relationship with the Tribes, but simply affirms their status, enumerated by the federal government:
“The history of Tribes in this state predate the United States and predates territorial claims to land in the state by both the United States and Imperial Russia. Indigenous people have inhabited the land in this state since time immemorial. The United States and the Alaska Supreme Court have already held that federally recognized tribes are sovereign entities in the state of Alaska. In 1994, Congress passed the Federally Recognized Tribal List Act and Alaska Tribes are on that list. The Attorney General’s memo in 2017 is when the executive branch acknowledged the law as established by the Alaska Supreme Court, the federal courts and Congress.”
Sen. Hoffman said that Tribes have been recognized by the federal government, the executive and judicial branches of Alaska government, but the Legislature hasn’t help their end of the bargain in recognizing them. HB 123 opens the door for the legislature to affirm in Alaska’s legal code the special and unique relationship that exists between Tribes and the federal government.
Upon concurrence by the House, HB 123 heads to Governor Mike Dunleavy for signature.
Transcribed audio courtesy of KTOO 360TV.