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 was a prime motivation of revitalizing the Tanana Chiefs to begin with. We are the village advocate. Thank you. [The attachments to Mr. Ketzler's statement follow:] [Attachment 1] ARTICLES OF INCORPORATION OF DENA' NENA' HENASH-TANANA CHIEFS CONFERENCE The undersigned, acting as incorporators of a corporation under the Alaska Non-Profit Corporation Act, adopt the following Articles of Incorporation for such corporation: First: The name of the corporation is Dena' Nena' Henash, and the name of the corporation in the English language is the Tanana Chiefs Conference, Inc. Second: The period of its duration is perpetual. Third: The purpose or purposes for which the corporation is organized are: (a) To secure to the Alaska Native people of the region of the Tanana Chiefs Conference the rights and benefits to which they are entitled under the laws of the United States and the State of Alaska. (b) To enlighten the public towards a better understanding of the Native People of Alaska. (c) To preserve the customs, folklore, art and cultural values of the NativePeople of the region of the Tanana Chiefs Conference. (d) To assist in every way possible Doyon, Ltd., in the implementation of the "Alask Native Claims Settlement Act." (c) To promote the common welfare of the Natives of Alaska and their physical, economic and social well-being. (f) To foster continued loyalty and allegiance of the Natives of Alaska to the United States and the State of Alaska. (g) To promote pride on the part of the Natives of Alaska in their heritage and traditions. (h) To discourage and overcome racial prejudice. (i) To promote good government. Fourth Provisions for the regulation of the internal affairs of the corporation, including provisions for the distribution of assets on dissolution or final liquidation, are: (a) Membership. Membership in this corporation is limited to Native villages of the region claimed by the Dena' Nena' Henash, being, in general, the Middle Yukon and Upper Yukon drainages, the Koyukuk and Tanana drainages, and the Upper Kuskokwim drainage, and to urban Native groups consisting of Athabascans of one-quarter blood or more, all as more fully defined in the by-laws. (b) Officers. The principal officers of the corporation are the President, the Vice President, the Secretary, and the Treasurer, who shall be elected in even numbered years for two year terms. They shall be ex-officio members of the Board of Directors. (c) Directors. Each member village or group shall elect one director. The Board of Directors shall elect five directors to serve with the principal officers as an Executive Committee of the Board of Directors. (d) By-laws. The Board of Directors shall adopt and may amend the bylaws for the corporation. (e) Amendments. These articles may be amended in the manner prescribed by law. Written notice of a proposed amendment must be given to the members at least thirty (30) days prior to the membership meeting which acts upon the amendment. (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 immemorial, and shall have all the rights, duties, powers, and privileges of this historic assembly. (g) Dissolution. In the event of dissolution, the net assets of the corporation may be distributed to the members in proportion to their respective memberships, or may be distributed to a successor organization having substantially the same purposes and embracing the interests of substantially the same group of people, or may be distributed to a regional corporation formed incident to the settlement of the Alaska Native Land Claims. Fifth: The address of the initial registered office of the corporation is P.O. Box 348, Fairbanks, Alaska (street address 527 4th Ave.), and the name of its initial registered agent at such address is Barry W. Jackson. Sixth: The number of directors constituting the initial Board of Directors of the corporation is twenty-five (25), and the names and addresses of the persons who are to serve as the initial directors are: Eddie Bergman, Jr., Allakaket. Thomas Wood, Anvik. Gideon James, Arctic Village. Winston James, Birch Creek. Horace Biederman, Eagle. Joe Mailelle, Jr., Grayling. Susie Williams, Hughes. Edwin Simon, Huslia. Tim Wallis, Fairbanks. Seventh: The name and address of each incorporator is: Alfred R. Ketzler, 102 Lacey Street, Fairbanks. Ruby John, 102 Lacey Street, Fairbanks. Tim Wallis, 102 Lacey Street, Fairbanks. Dated: September 27, 1971. ALFRED R. KETZLER, Incorporator, RUBY JOHN, Incorporator. TIM M. WALLIS, Incorporator. [Verification] STATE OF ALASKA, Fourth Judicial District ss. I, Anita M. Mowery, a notary public, hereby certify that on the 27th day of September, 1971, personally appeared before me Alfred R. Ketzler, Ruby John, and Tim Wallis who being by me first duly sworn, severally declared that they are the persons who signed the foregoing document as incorporators and that the statements therein contained are true. My commission expires September 6, 1974. CERTIFICATE OF SECRETARY I, the undersigned, do hereby certify: ANITA M. MOWREY, Notary Public for Alaska. (1) that I am the duly elected and acting Secretary of Dena' Nena' Henash (Tanana Chiefs Conference), an Alaskan corporation; and, (2) that the foregoing By-laws, comprising sixteen (16) pages, besides this, constitute the By-laws of said corporation and duly adopted at a meeting of the Board of Directors thereof held on March 15, 1972. IN WITNESSES WHEREOF, I have hereunto subscribed my name and affixed the seal of said corporation. [SEAL] LUCY ANN CARLO, Secretary. [Attachment 2] TANANA CHIEFS CONFERENCE, Memorandum from: Tim M. Wallis, Organization Committee. The organization of Tanana Chiefs and Doyon, Ltd. or the splitting of Tanana Chiefs and Doyon, Ltd. comes at a very crucial time. The organization committee |