AFN/NCAI T RIBAL C ONFERENCE T RIBE / C ORPORATIONS C OOPERATION
T RIBAL R ECOGNITION Creates a government-to-government relationship with the federal government Federal recognition acknowledges tribal sovereignty
H ISTORY OF F EDERAL R ECOGNITION OF T RIBES Manifest Destiny – Indian Wars – Treaties Federal relationship with tribes unclear Reservation era – On-reservation / Off-reservation Indian Reorganization Act (IRA) Recognition by Congress Indian land dispute settlements
Tribe / Corporation Interrelationships Most Alaska Natives celebrated ANCSA – Largest Native land settlement in history Most IRA tribes at the time of ANCSA becoming law were either dormant or focused on other business
Indian Self-Determination Act PL 93-638 Revitalized IRA Tribes (1975) Required the BIA to enter into grants and contracts with tribes who wanted to manage their own programs The first definition of tribe in this Act recognized ANCSA corporations 638 dramatically strengthened the voice of tribes and tribal leadership
Order of Precedence IRA Tribe Traditional Tribe Village ANCSA Corporation Regional ANCSA Corporation The Department of the Interior adopted this “Order of Precedence” for BIA contracting eligibility in Alaska:
Alaska Tribes in Federal Register Assistant Secretary, Ada Deer, in 1993, included Alaska tribes in Federal Register list Alaska tribes have the same relationship with the federal government as tribes in the Lower- 48 ANCSA Corporations were not on that list Tlingit Haida Central Council was not on list – Congress reinstated Tlingit Haida Central Council back onto the list in 1994
C ONFLICT B ETWEEN T RIBES AND ANCSA C ORPORATIONS
I NCREASED D ISAGREEMENTS T HIS P AST D ECADE ANCSAs incorporated under state law Some say: – ANCSA a failure & termination legislation Alienated Natives born after 1971 – Land should have gone to tribes – Terminated aboriginal subsistence rights – Are not supportive of tribal and community issues and concerns – Corporations recognized as tribes is harmful
D ISAGREEMENTS ( CONT.) Some ANCSAs say: – Tribes undermine corporate effectiveness through public forums with negative statements – Tribes do not fully utilize consultation rights to the best interest of corporations – Tribal leadership not willing to work productively with corporations – They should have government consultation on their issues the same as tribes
C OMMENTS ON D ISAGREEMENTS ANCSA did not terminate tribes in Alaska Corporations have the right to include those born after 1971 Land going to state chartered corporations may not be what we want, but it is reality The termination of subsistence rights is a huge problem that we must address soon Most corporations are community oriented
C OMMENTS ( CONT.) Full federal recognition of ANCSA Corporations as tribes would dramatically weaken arguments of tribal sovereignty – Trust relationship is only with aboriginal people – Corps incorporated under state law – Non-Native can own ANCSA stock – Create unnecessary and unfair competition for BIA and other contracts
C OMMENTS ( CONT.) It is important to note that even with federal laws including IRA and traditional tribes on the list of federally recognized tribes, the Alaska State Legislature and anti-Native attorneys constantly challenge tribal sovereignty in Alaska
C OMMENTS ( CONT.) Federal consultation with corporations should not be termed as “government-to-government consultation” or even “tribal consultation” – There are federal policies that impact ANCSA corporations – The federal government consults with states and other businesses impacted by federal policies
C OMMENTS ( CONT.) Federal consultation not a panacea – Indirect costs – Land into trust in Alaska – BIA budgets – BIA administration growth at our expense – Inequitable representation on national boards – Fix subsistence – PL 477 – Roads programs – inventory, formula – Consultation policies
W E M UST B E M ORE E FFECTIVE I N A DDRESSING C HALLENGES High cost of living – Energy costs Weak rural economies Reapportionment – diminished voice Federal budget cuts State control over subsistence Constant attacks on 8(a) contracting
A DDRESSING C HALLENGES ( CONT.) Insufficient access to justice in rural Alaska High Native dropout rates Highest suicide rates in the country Homelessness Substance abuse Insufficient infrastructure in rural Alaska
W E MUST FIND COMMON GROUND TO IMPROVE OUR JOINT EFFECTIVENESS IN ADDRESSING THE NEEDS OF OUR PEOPLE ! These are our people!
V ALUABLE A CCOMPLISHMENTS ARE N EVER E ASY ! ANCSA corporations are not enemies of tribes; tribes are not enemies of corporations! Agree to disagree on issues we cannot agree on; get over it and move on together! We are the same people!
T HANK Y OU F OR Y OUR K IND A TTENTION ! Gunalchéesh! How’aa!