STATEMENT OF MITCH DEMENTIEFF, PRESIDENT, TANANA CHIEFS CONFERENCE, INC., FAIRBANKS, AK

Mr. DEMENTIEFF. Senator Inouye, welcome to Alaska.

My name is Mitch Dementieff. I am the President of the Tanana Chiefs Conference, a regional Native non-profit corporation serving 43 interior Alaskan tribes.

I will begin my oral testimony today with some comments regarding the Alaska Native Review Commission. I would like to point out that current national Indian policy was shaped in 1971 by President Nixon. Since 1971, Congress has included Alaska Natives within tribal self-determination policies of the United States and continues through the recent adoption of the 1991 amendments. ANCSA may have confused the situation. However, ANCSA corporations are only vehicles to implement economic self-determination in Alaska. The tribes and tribal organizations remain the vehicle for political self-determination, serving Native health, social, cultural, subsistence, housing, education, and tribal economic development, and intergovernmental concerns. We do need oversight to ensure that Federal Indian policy is implemented in Alaska. We do not feel that we need a policy review at this time.

If a Commission is authorized, we do have two prime concerns that we'd like to point out. One is the membership. We encourage bone fide tribal representation in that Commission. We believe that the ANCSA concerns were largely taken care of in the 1991 amendments. Tribal membership should include or be equal to the combined Federal and State membership on the Commission. We feel there is no place on the Commission for public members. We feel this is important in order to protect the government-to-government quality of the Alaska Native special relationship.

Second, we seriously are concerned about the Commission studying subsistence. Currently Title VIII was adopted in ANILCA and represents a good compromise and Alaska Natives stand by the word that we gave in 1980 and we expect the State to do likewise.

In the area of alcohol and drug abuse, in 1986 the Tanana Chiefs Conference declared war on alcohol and drugs. We feel that the most progress has been made when Native people are the ones who are operating these kinds of programs and gearing these fights. To accentuate that point, last year Tanana Chiefs started a traditional healing camp utilizing traditional counselors to guide people with drug and alcohol programs in a subsistence camp environment. We have made good progress with this camp and are very proud of it and hope to expand that effort in the future.

Some of our villages have adopted tribal ordinances banning or regulating alcohol in our villages. The Department of Interior continues to delay the publishing of those ordinances and that is delaying Justice Department support for the same. We support Native self-reliance to combat this serious problem and urge Federal cooperation.

In the area of education, the transfer of Native education to the State was done at the height of Alaska's oil wealth. With that same declining wealth, we are deeply concerned that Alaska may not be able to meet its education responsibilities. All Native education money should be tied to the Federal policy of self-determina

tion. We propose a Federal and State tribal compact on education to assure that the Federal government does not abandon Native education.

In the area of tribal government, the Federal acknowledgement process established in 1983 has lead to significant problems in Alaska in the area of tribal status. The BIA has caused these problems by wild fluctuations in the FAP listings and TCC proposes a legislative solution. The Congress we feel should enact legislation to name the tribes of Alaska once and for all.

In the area of religious freedom, it is no secret that Athabascan peoples religious practices are actively suppressed in Alaska. We are most concerned about prosecution of Natives on Fish and Game violations for taking game for religious ceremonies, i.e., the funeral and the memorial potlatchs are some examples of things we've had some problems with. In litigation in 1979, Frank v. State of Alaska decided that Athabascan people have a religious exemption for potlatches. However, since that time, the State has narrowly construed the ruling to apply only to funeral potlatches. The State claims basically that memorial potlatches are planned and that we should use our own individual harvests for our religious ceremonies such as the memorial potlatch. We believe that the State should protect Native peoples' harvests for religious purposes and that Federal legislation is needed to assure continued protection of our religious rights.

That, Mr. Chairman and Senators Murkowski and Stevens, is an oral highlight of my completed testimony. I thank you once again for the opportunity to come and speak with you today.

[Prepared statement of Mr. Dementieff appears in appendix.]

The CHAIRMAN. I thank you very much. I would like to assure all of you that your written statements will be made part of the record. You may summarize, if you wish to, your statements.

On the Commission membership, do you have any specific suggestions as to how it should be made up?

Mr. DEMENTIEFF. Yes; I pointed out that I feel that we need to have strong tribal representation on that Commission. I think if the plans for the Commissions are going to go ahead, it would be in the interest of the tribes and the tribal organizations to get together and discuss further what the composition of that Commission should be.

The CHAIRMAN. Do you mean half the members should be Alaskan Natives?

Mr. DEMENTIEFF. We feel it is very important to do that.

The CHAIRMAN. One can argue otherwise. I remember when a similar situation was presented this was on the reparations measure for those who were interned during World War II-at that time Aleuts and Japanese Americans suggested that half the membership should be either Aleuts and Japanese. I suggested that would be the worst thing to do because then it would be a Japanese Commission. After all, this has to be passed by Congress. It has to be implemented by the State government here. It might be in your best interest if the membership is less. Just think about that.

How often do you have memorial potlatches? You must forgive me because I don't know your customs here.

Mr. DEMENTIEFF. There is not a set schedule for many of them. Some certain aspects of our cultural have different ways that those are held. From the stick dance in the Lower Kalskag area that's held in March and April every other year to in Unana, for example, we had one in my hometown last fall and it has been I think 3 or 4 years since we had one prior to that.

The CHAIRMAN. I thought something was held every other week. Mr. DEMENTIEFF. No; these are not something that happens every other week. They are very, very specialized situations.

The CHAIRMAN. From the testimony I thought you had them so often that that is why the government objected to that.

Mr. DEMENTIEFF. I guess it is easy to look at it that way. The State of Alaska, Department of Fish and Game, has published their own opinion that potlatches have very little to do with the resource. The harvest is so small compared to the other harvests of those game resources.

The CHAIRMAN. How much do you need for potlatch?

Mr. DEMENTIEFF. It varies from event to event. More recently most memorial potlatches have been lasting about 3 days. Right after the big flu epidemic in the early part of this century there was a memorial potlatch in Unana that lasted a month, so many people had passed away during that flu epidemic that it was a month-long potlatch.

The CHAIRMAN. I thank you very much.

May I now call on the Tribal Administrator of the Mentasta Lake Traditional Council, Eva John?

STATEMENT OF EVA JOHN, TRIBAL ADMINISTRATOR, MENTASTA LAKE TRADITIONAL COUNCIL

Ms. JOHN. Good morning honorable Senator Inouye and staff members. Welcome once again to the arctic. My name is Eva John. I am here representing the village of Mentasta. And, by the way, I left a potlatch back home to come down here.

My mother is Katie John, one of our tribal elders. She raised 14 children and many nieces and nephews and grandchildren. At one time she took care of four babies at once. She fished with her parents at Bansaneda, the place she was born. For years she fed all the children from the rivers where she was raised. Today she has over 65 grandchildren and 25 great-grandchildren. She asked the State Fish and Game Board how they expected her to feed everyone with the two days per week fishing time. The land where she wants to continue fishing is her Native allotment. We have been through hearings for the past 4 years with no success. She still cannot fish like she needs to. It takes 35 King Salmon to feed a household-a couple with three children and an elder-for 1 year. So you can understand her concern and see her frustration and anger.

We are a short distance from Teplalan, a village that the State entered on an alleged game violation in 1984. We know and are related to the people who experienced the trauma of an armed Fish and Game unit entering their village.

Recently we read about an incident in Tununak where the State Troopers took away one of the villagers on a game violation. We understand that this was done in a violent manner.

Senator Inouye, where I live most people do not understand State regulations. They seems to express fear at bringing this to someone's attention. Does this mean that my mother will be treated like that young man from Tununak? We realize you are pressed for time and, therefore, we would like to conclude this testimony by requesting that the names which I am submitting to you be made available to your investigating staff for the purpose of addressing our land hunting rights. These others, like my mother, had Native allotments that have been and are still being developed without their knowledge or permission.

Finally, we are urging you to begin at once an investigation into the report that the hepatitis vaccine, which has been administered to Alaska Natives, has been tainted with AIDS virus. I have four children. I was a health aide to urge others to receive the vaccine. I have received all the series and have administered it to the people in my village. I have the right to know if the vaccine was tainted. Please accept this brief statement as testimony to your committee on behalf of the people of the village of Mentasta. Thank you for your time and your consideration.

The CHAIRMAN. To the best of my knowledge, the vaccine has not been tainted. We have looked into this and will continue to look into it. I think it is just a bad, bad rumor, that is all. As of this moment, there is no incidence to indicate that it has been tainted. So, will you tell your villagers that investigations would suggest that there is no taint or contamination of the vaccine.

Senator MURKOWSKI. I might just follow up. Current information, Ms. John, is that the Alaska Native Health Service and Indian Health Service have both indicated that they have absolutely no evidence that there has been any tainting of the vaccine. They are very concerned and will continue to investigate. So I would agree with the consensus of the Chairman. We will continue to pursue this matter, however, but that's the current information on this.

The CHAIRMAN. May I now call on Mary Jane Fate, President and Executive Director of the Baan o yeel Corporation?

STATEMENT OF MARY JANE FATE, PRESIDENT AND EXECUTIVE DIRECTOR, BAAN O YEEL CORP., RAMPART

Ms. FATE. Good morning Senators Inouye, Frank Murkowski, and committee members in Washington, DC. My name is Mary Jane Fate and I reside in Fairbanks, AK. I am President of the Village Corporation of Rampart, formed pursuant to the Alaska Native Claims Settlement Act. I am presently the Cochairman of the Alaska Federation of Natives.

Today, I appear before you on my own behalf, and also on behalf of those committees I would like to thank your committee for being here today. We would really like to extend our gratitude. Today I appear before you on three issues:

First, the subsistence issue has again made the news. Section 803 of Title 8 of the Alaska National Interest Lands Conservation Act deals with subsistence in our State and it is vitally important to all

the people of Alaska. The agonies, the bitterness, and enmity which it has fostered has become a symptom of a bill of such complexity that it has confused and will continue to confuse those people having to deal with its implementation.

The latest approach of going slowly in amendment of the subsistence section, perhaps, in the long run, may be the best approach. Only with deliberate and well thought out methodology can any amendment of ANILCA be of lasting benefit to all of the people of this State and not just an appeasement to those who have no social or economic interest in the State of Alaska.

Second, a number one crisis in this State is illegal drugs. The present data in this State on substance abuses and related problems is not only scarce, but is incomplete and half truths. If the research was accurate and complete, we all would be alarmed at the point of crisis we presently are in.

At the last AFN Convention held in October, 1988, there were 10 resolutions on drugs substance abuse. The Elders and Youth Conferences, which were held immediately prior to that Convention, passed numerous resolutions on Drug Abuse. At the March, 1988 Tanana Chiefs Conference held in Fairbanks, there were 17 resolutions pertaining to drug abuse and related problems. The Elders and Youth Conferences passed many drug related resolutions just prior to the TCC Conference. Individual Alaska Natives are also concerned and are going to see that something is done about this grave problem.

I present to you the following points to consider:

1. Research to provide more correct data on drug abuse amongst Alaska Natives.

2. An educational preventive program be instituted involving our people along with medical professional personnel.

3. Organizations and individuals are calling to eliminate alcohol and drug abuse among Alaska Natives.

4. Treatment programs to be instituted and operated in the best interest of the patients.

5. Alaska Natives be trained at all levels to combat and protect the innocent citizens being affected by this terrible crisis and this training must include the Community Health Aides.

You have read and heard about the alcohol problems, but the majority of the health and social/behavioral problems are drugs and/or a combination of drug and alcohol.

I commend you for the passage of the Anti-Drug Abuse Act of 1988.

Third, with regard to the AFN Report on the Status of Alaska Natives: A Call for Action you have already heard the testimonies in Washington, DC, and you have a copy. I support the findings and recommendations contained in the report and I would like to thank you for taking them into consideration.

In conclusion, thank you again for making this hearing available here in our State.

The CHAIRMAN. Thank you very much Ms. Fate.

Senator MURKOWSKI. Mary Jane, I certainly concur with your concerns and recommendations. I was surprised to hear in Valdez last night with regard to a number of out of State people who were working on the beaches of Shelikof Strait, when the inquiry was