PROBLEMS OF DEFINITION OF TRIBE IN ALASKA RELATING TO PUBLIC LAW 93-638 SATURDAY, SEPTEMBER 4, 1976 U.S. SENATE, SUBCOMMITTEE ON INDIAN AFFAIRS, OF THE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, Fairbanks, Alaska. The subcommittee met, pursuant to notice, at 3:30 p.m., at the City Hall, Fairbanks, Alaska, Hon. Mike Gravel presiding. Present: Senators Gravel, Stevens, and Commissioner John Borbridge, American Indian Policy Review Commission. Also present: Tony Strong, professional staff member. STATEMENT OF HON. MIKE GRAVEL, A U.S. SENATOR FROM THE STATE OF ALASKA Senator GRAVEL. This is a hearing of the Subcommittee on Indian Affairs of the Interior Committee of the U.S. Senate in conjunction with the American Indian Policy Review Commission, and John Borbridge on my left, as most of you know, is the Commissioner of that Commission. And, Senator Stevens, who will be here shortly, he came in another car, and myself. Senator Stevens and I were appointed as ex officio members by Senator Jackson on the committee. The hearing was initially chaired in Alaska by Senator James Abourezk of South Dakota, who authored the American Indian Policy Review Commission, and is chairman of that Commission and also is chairman of the Subcommittee on Indian Affairs for the Interior Committee. Senator Abourezk chaired the hearings both in Juneau and in Anchorage, and we continued on with John Borbridge to Bethel and here. Senator Abourezk had to get back to South Dakota, as you all know, this is a very important weekend from the point of view of State fairs and presence from a political point of view. And, so Senator Abourezk was only able to devote a sum of his time, and we are very grateful for that because both Senator Stevens and I have requested that he come up here and conduct these hearings, which we feel would be very important in making a determination of future policies with respect to the granting of services to our Native communities by the people in the Native communities. We focus on one particular piece of legislation, the Indian Self-Determination Act, and with its passage 3 years ago, we run into many difficulties or conflicts of delivery service to organizations, both the local level and at the national level. And this is an effort to try and carry it out to what should be in terms of a new definition of the Indian tribe in order to have a more effective program in this regard. The record of this subcommittee will be open for an additional 30 days, so if there is anybody wishing to amplify their statement they make today or knowing of anybody who would want to from another Native community in this district that would want to send in testimony as part of the record, they can send it to Senator James Abourezk, U.S. Senate, Washington, D.C., or myself or Senator Stevens and we'll be sure that it's placed in the record. I have a list of witnesses that are to be heard, we obviously have a time constraint, but we'll try to address ourselves in detail to the various testimony that we receive. So, witnesses can either choose to read their statements or summarize their statements, and then we will have individual questions and answers. At this time I would like to open it up to Senator Stevens for a few comments. Senator Stevens. STATEMENT OF HON. TED STEVENS, A U.S. SENATOR FROM THE STATE OF ALASKA Senator STEVENS. Thank you very much. Sorry about the delay, there was a wreck on the way coming in, and we were delayed. We, I think, have a fairly good record today from Bethel and throughout the hearings so far, and I'm hopeful that the people here will speak up as forcefully as the others have. I still remain convinced that we need to find a mechanism to make self-determination work in the very selection of the tribal governing body, so that the process itself is not one where Congress or anyone else mandates a specific conclusion as to what level of government or what type of government must in fact be the governing body. It is important, I believe, that we act to eliminate what seems to me to be a legislative incentive for proliferation of entities involved in each village. We find four or five more entities that an individual Alaska Native could be associated with. It would be essential, I think, that we take action to assure that the people of each area to select the type of entity as they want and mandate its recognition by any agency that's involved or any known or funding program or any other type of program that is available under Federal or, I think as a matter of fact, under the State law. We ought to put them both together. But I appreciate you taking the time on Saturday afternoon to meet with us and I know the time constraint, so I'm happy to be with you. Senator GRAVEL. Thank you. Commissioner. STATEMENT OF HON. JOHN BORBRIDGE, COMMISSIONER OF THE AMERICAN INDIAN POLICY REVIEW COMMISSION Commissioner BORBRIDGE. I certainly am very appreciative of the time and attention that has been given in matters relating to self determination and other associated concerns, not only by Senator Abourezk, who is chairman of the committee, and made his first trip to Alaska, but also by our own Senators, Senators Gravel and Stevens. I also would like to express on behalf of the Commission, the concern that we have not only with the broad spectrum of matters pertaining to Indian Affairs and the relationship between American Indians and Alaska Natives and the Federal Government, but we're also concerned with the fact that such issues are more sharply defined in the implementation of such legislation of various acts, these are a matter of concern to the Commission. Thus, as has been indicated by Senator Gravel, the Senate subcommittee is concerned with this analysis and with the hearings from which we hope to obtain information as to how well the acts have been implemented, the American Indian Policy Review Commission is likewise concerned, and will have available to it, such information as what we receive at the hearings. I want to indicate, it's also a pleasure to again be in Fairbanks and I'm particularly pleased with the turnout today. Thank you. Senator GRAVEL. Thank you. John. Our first witness is Roger Huntington. Roger. STATEMENT OF ROGER HUNTINGTON, CITY MANAGER, GALENA, ALASKA Mr. HUNTINGTON. First of all, I'm struck by surprise because I didn't think I would be the first one. Senator Stevens, Senator Gravel, John Borbridge, and visitors and tribal Indians, my name is Roger Huntington, I'm from Galena, and I will briefly give my testimony. In the beginning here I give a little history of Galena to show you some occurrences that have happened and some problems that have developed in these various processes. Prior to 1971, Galena has been led by a traditional council. Unwritten laws and tradition were the governing factors of the Native and non-Native community. The need for funds to govern were practically nonexistent. All health, education, and welfare was granted eighth by the state of the Federal Government. Community involvement in these areas was nill, if nonexistent. Then, came the flood of 1971. BIA, Federal and State assistance also flooded in, rehabilitation it was called. The Native community accepted the help, and in doing so, took on new responsibilities and established a need for accountability of money and time, but most of all they established a need to organize. A legally recognized organization was a prerequisite to obtain funds to carry on the new community responsibilities. The State suggested incorporation of a second class city. BIA and Native leaders at high levels encouraged the idea. From the local Native perspective self-government; funds from State revenue sharing to operate and legal recognition for obtaining more funds was the way to go. Incorporation into a second class city became a reality. With it came new federally subsidized homes, water and sewer plants, opening of grounds for homes and businesses away from the flood plain, and most of all, came a need to govern our school system. To bring about self goverence of the local school system, the community 81-879-77- -11 incorporated into a city of the first class. With this new power a $5 million school complex is becoming a reality, and mounds of financial responsibility throughout the local community affairs. New sources of funds were needed to match operation responsibilities. Various Federal and State employment acts helped out. In these few years, the village of Galena broke from the apron strings of BIA; were we edged by them to do so? We were once classed as a native entity. What are we now, white? The question is unanswered. The native organization founded under ANCSA is a venture for profit. Though their interest in community affairs is mutual to that of the city and our governing bodies are of the same persons, native, they can't forward direct financial support. They provide technical support. In light of this new Public Law 93-638, this process as discussed above has been and still is being implemented; and that the city of Galena via the blood of our native leaders and native corporation, Notagadaleedin, have the responsibility of all health, education, and welfare in our community. And also, we recognize that the Tanana Chiefs Conference as our supreme leader for securing means to carry on these responsibilities to natives in our community. I believe, that effective, efficient implementation of Public Law 93638, native communities faced with native affairs must have a resource for technical assistance, funds, and direction. TCC has been our leader from times before my birth, and will be past my death, for TCC began through my forefather's Athabascan blood and exist today through my blood, and shall exist tomorrow through the blood of my Athabascan son. Thank you. Senator GRAVEL. Thank you. Do you have any questions? All right, thank you. The next group is a panel made up of Al Ketzler, Tom Richards, and Steve Matthews. Why don't the three of you just come up to the mike, and Al why don't you tell us how you want to handle this. Mr. KETZLER. I have a witness statement which I'll read in the record, and Steve has one also. Tom doesn't, he's been out traveling and has a lot of information on 93-638, so we'll make a statement and then we'll supply one for the written record. Senator GRAVEL. Fine. STATEMENT OF AL KETZLER, PRESIDENT, TANANA CHIEFS CONFERENCE Mr. KETZLER. Senator Gravel, Senator Stevens. Commissioner Borbridge, and distinguished guests, at this time I would like to express my appreciation on behalf of the entire Tanana Chiefs Conference for allowing the opportunity for Alaskan Natives to testify on Public Law 93-638, and your continued efforts to champion the cause of all Alaskans. The testimony of the Tanana Chiefs will be presented in three parts, Mr. Tom Richards, director of our native services program will ad dress some specific problem areas in contracting partial management of the BIA Fairbanks Agency contract as they relate to 93-638. Mr. Steve Matthews will also address some concerns in contracting for health care in the region and finally, the test of my presentation will focus on the Alaska amendment in reference to definition of a tribe. I submit with no hesitation that the Tanana Chiefs Conference is the traditional governing body of the Athabascan people of interior Alaska. In the early days of this century the old-time chiefs used this organization as a forum to express the issues of the day. Then in the early 1960's, when the move originated to achieve a claims settlement, the TCC was revitalized. The tasks of the 1961 Tanana Chiefs were not restricted to land claims, but also the people concerns such as health, education, and social services. The Tanana Chiefs until late 1971 served as the sole governing body covering the entire region, the conference was operated as an unincoporated body, then on September 27, 1971, articles of incorportion were filed and bylaws were approved by the full board of directors. I have attached as attachment one, the articles of incorporation filed on said date. The articles are explicit in the essence of the chiefs organization, I would like to call special attention to section 4-F of these articles. The following is a verbatim account of section 4-F. Historic succession. The corporation is the Historic successor to the Tanana Chiefs Conference. The traditional consultive and governing assembly of the Athabascan people of Interior Alaska, from time immorial, and shall have all the rights, duties, powers, and privileges of this historic assembly. I have also included in my presentation as attachment to the first page of the reorganization report adopted during the March 1973 convention when Doyon and Tanana Chiefs Conference separated. Attachment 3 is a resolution passed by the board of directors of Doyon, Inc. utilized in negotiating our present contract with the BIA. There's a little error in that, I'd better clear it up. It will be used in negotiating the contract that we hope to enter into, our present contract, the Snyder Act. Attachment 4 is a sampling of resolutions passed by the board of directors of the Tanana Chiefs, indicating the broad service the chiefs provide as a tribal governing body for the Athabascan people. Clearly and conclusively, this assortment of data must prove that the chiefs are in fact a viable tribal organization. In order to provide a means within Public Law 93-638 to allow the TCC to participate, it is imperative that the Alaskan amendment be adopted. A copy of that proposed amendment accepted by the AFN board of directors is attachment 5. There is no doubt that should the amendment be adopted that should an instance occur where one of our villages or Doyon wishes to contract for the same program, a satisfactory agreement will be arranged. To conclude my testimony, I would like to comment on the testimony recorded by Clarence Antioquia, area director, Bureau of Indian Affairs. Specifically, I would like to make reference to the portion of the testimony regarding prerequisite consultation of villages prior to entering into a contract. I would think it a little bit late that the Bureau would now try to play the advocate role for Alaska's Native villages, now when actually the counterproductive attitude of the Bureau |