Page images
PDF
EPUB

ment. Unquestionably, Alaska Natives are at the threshold of rapid and significant cultural and social change.

The situation in Alaska is complex, but perhaps the most critical' factor to note is that Alaska Native organizations are in a stage of flux. Although the Settlement Act offer threats of potential conflicts within the intercorporate relationships, these relationships and the delegations of functions and powers between regional entities and between local and regional organizations are currently being resolved.

I am recommending that the locus of all tribal powers lie within an entity that is 100 percent Native and with members having perpetual membership and equal membership.

I further recommend that the regional concept be accepted as a tribal government for the purposes of contracting. And, I further recommend that tribal regional organizations be allowed to delegate powers or the right to contract to other bodies if they so desire. And, in this particular instance, I'm talking about the North Slope where, in fact, we have the ASRC delegating to the borough, the health functions and the right to contract under IHS.

Commissioner BORBRIDGE. I want to thank you for a a very well prepared and profitable testimony which clearly lays the basis for your recommendation. Senator Stevens.

Senator STEVENS. Yes; it's very clear, and I'm sorry that we didn't get an opportunity to hear Jerry Erpickson, and I know he was here, and if you'll tell him that we're sorry that the time frame was a difficult one.

Commissioner BORBRIDGE. The record will be kept open for 30 days. Thank you.

MS. WORLE. Thank you.

Commissioner BORBRIDGE. On the witness list, the individual who is scheduled to appear next is Mr. Bill Timme.

STATEMENT OF BILL TIMME, GENERAL COUNSEL, DOYON, LTD.

Mr. TIMME. Thank you, Mr. Chairman, Senator. My name is Bill Timme and I am general counsel of Doyon, Ltd. And, I wish to express the regrets of our president, Tim Wallis, who because of another engagement, was unable to be here today.

Briefly, I would like to summarize the testimony that I have submitted. It is the position of Doyon, Ltd., that it fully supports the inclusion of the regional associations as tribal entities for purposes of the Indian Self-Determination Act. I think the situation in Alaska has to be viewed again, as I'm certain both of you gentlemen are aware, to the uniqueness of the Alaskan scene. The tribal organizations as they exist outside, being both economic governmental and having social concerns as well, are not paralleled in Alaska. Instead, we have different organizations serving the same functions. In our region's case, Doyon, Ltd., serves the purposes to promote the economic wellbeing of the Native people of interior Alaska, whereas Tanana Chiefs Conference concerns itself primarily with the social, health, and welfare of the people. Governmental institutions are handled primarily through the governmental institutions created under State law. Therefore, it seems only natural that we're the people in this instance, have

chosen the Tanana Chiefs Conference to be their spokesman, to be the implement to all social services programs, that the government should likewise recognize this.

It seems like the definition in the Indian Self-Determination Act is more than adequate to provide this representation. It's unfortunate that because of the positions that the Department has taken, it's necessary for the people to come forward, to have to offer an amendment in order to have this recognition extended.

Thank you.

Commissioner BORBRIDGE. Thank you, Mr. Timme.

Senator STEVENS. I don't have any questions. Thank you.
Mr. TIMME. Thank you.

[The prepared statement of Mr. Timme follows:]

STATEMENT OF WILLIAM H. TIMME, GENERAL COUNSEL, DOYON, LTD.

My name is William H. Timme. I am general counsel of Doyon, Limited, one of the 12 regional corporations organized pursuant to the provisions of the Alaska Native Claims Settlement Act. On behalf, of Doyon, I wish to express our appreciation for the opportunity to testify before the committee today on the proposed amendments. I also wish to extend the apologies of Tim Wallis, president of Doyon, Limited, for not being able to be present but he had a prior engagement which he was not able to reschedule.

Doyon, Limited urges the acceptance of the proposed amendment under consideration by the committee. As presently defined "indian tribe" is being limited in its application in Alaska only to those regional and village corporations established by ANCSA. This application does not recognize the realities of indian organizations in Alaska.

Outside of Alaska, tribal organizations have been developed over the past 100 years to provide a full range of services-governmental, educational, social, as well as economic. This model was not extended to Alaska except for the Metlakatla community.

As the members of the Alaskan delegation are aware, the regional Native associations, such as the Tanana Chiefs Conference, have historically been the voice of the people in matters pertaining to social concerns. The governmental functions exercised by tribes on reservations outside were never fully developed but rather the communities, by and large, are governed by a nonracial municipal corporation established under State law.

Since 1971, with the adoption of ANCSA, property which might be considered to be "tribal" in nature is held by corporations organized under State law in accordance with the provisions of ANCSA. These corporations were created for the sole purpose of receiving and administering the benefits of the Settlement Act and hopefully to further the economic well-being of their shareholders, the Alaskan Natives.

Yet it is only these corporations which Congress has included within the meaning of indian tribe for the purposes of Public Law 93-638.

It is interesting to note here that in reality the regional corporations are defined by section 7(a) in terms of the native associations-for instance, that area to be administered by Doyon, Limited, was defined to be the same as that served by the Tanana Chiefs Conference.

Doyon strongly urges the inclusion of the regional Native associations within the definition of Indian tribes. Their inclusion will enable the Native people of Alaska to fully receive the benefits of the Self-Determination Act. I would like to note here that the ANCSA corporations should retain their inclusion within the term "Indian Tribe" in order for them to be the vehicle for the intended benefits under the Indian Financing Act and the other programs directed to the economic well-being of Native americans.

Again, on behalf of Doyon, Limited, I wish to express our appreciation to the members of the committee for their directing their time and energies to resolve this unforseen and uniquely Alaskan problem that the definition has created. Commissioner BORBRIDGE. Our next witness is Chief Andrew Issac.

STATEMENT OF CHIEF ANDREW ISSAC

Chief ANDREW ISSAC. Thank you, Mr. Borbridge, I'm here to my young generation, education, the problems, their needs to what they're talking about. And, I was going to talk about the Tanana Chiefs; us Natives here, long before this young generation, they're going to be in this problem. The Second World War in 1942, the roads are coming in too fast and we expect there are going to be problems. Not just this once, we're beginning to talk about this land claims and the rest of the problems. In my area, we didn't have that much education, not like Eskimo people have, Aleuts. And, I'm glad my friend of mine, John here, and I've been meeting with him in Anchorage many times. So, my young generation, they put it up and they have their meetings, they try to make name and like this Tanana Chiefs.

Us Natives in this area here long before white people come in. From way up to [indiscernible] and the boardering line, from their chief, people hold on together. End of spring, end of May, the skin boat, the canoe, they have all kinds, furs, skins, ivory, snowshoes, they all load up and go down to Tanana where they met big boat. The rest of end of May, they start back, May, June, July, August, today, September. Us Native people in all these months got a name in too. And about the time, in this month, a few people beginning to come back. That's what they call us, "Natives," in their way, directly name, Nuchuloya. Lots of my young generation in this area, they know that name. That's where our chief peoples, they coming in.

Here you are, you all Senate in from Washington, you're coming in here and have a meeting with my young generation and the problems that they have learned not too long ago, and they telling you what they need. They elect me to be traditional chief in 1972, I over them and Tanana Chiefs and Doyon.

I want you, our Senate and our commission here, as Tanana Chief, I want [indiscernible] new laws (phonetic) because our Native way, my plan either our Government body. I tell you that I can't figure it out, which way to put my Native problem to put it in Government body. That's one thing as Tanana Chief, Senator Gravel before he goes. he talk about a tribe, I understand that too, we got a name in that tribe, like you folks have a tribe, American, and Germans, Russian, Sweden, lot of tribes, us Native people, same too. We called a name, we know who's at that tribe and we know where it belong to.

I'm glad I hope you folks, being in big office-my young generation bring in a lot of education that they learned and the problem that they read before you folks, and I hope you help them and I thank you that you folks are here. And, I'm glad to be sitting before you, and God bless you and good luck and see you. [Testimony may be unclear because of the broken English Chief Issac had.]

Commissioner BORBRIDGE. Thank you, Chief Issac. I want to say to you, that having the privilege of appearing on that side of the table with you on many many occasions, it is not only a pleasure to see you here now, but I would like to comment for the benefit of the Tanana Chiefs Region, that one of the very inspiring things that I have witnessed in my relationship and acquaintance with our people, our brothers here, is that the young people as they move ahead trying to serve their people, have the full support and understanding of the

elders such as yourself. And, I think it is just the very inspiring thing and it's a pleasure to be on this side of the table and to be able to say this to you now.

Chief ISSAC. Thank you.

Commissioner BORBRIDGE. Thank you very much, Chief.

Senator STEVENS. It's obvious that they have a great deal of respect for you and those who have come before them too, so we're happy to have your advice.

Chief ISSAC. Thank you.

Commissioner BORBRIDGE. This completes the witness list that has been submitted to us, do we have any further testimony? [Pause.] Is Mr. Gideon James present please?

Mr. DEMIENTIEFF. We had some other people that were scheduled to come in, unfortunately they had a lot of trouble traveling this time of year, so we didn't get all the people that were originally going to come. And, actually the only person we got to come in from any villages was myself and Roger Huntington.

Commissioner BORBRIDGE. We certainly appreciate your assisting us with this, and if they wish to, would you please advise them that they have an opportunity to send in a written statement?

Mr. DEMIENTIEFF. Sure. Everybody is advised, and I understand that there are some people that are preparing written testimony. Commissioner BORBRIDGE. Fine. Does this also include Dorothy Anderson?

Mr. DEMIENTIEFF. Yes.

Commissioner BORBRIDGE. And, Ted Charles?

Mr. DEMIENTIEFF. Yes; he wasn't able to make it.

Commissioner BORBRIDGE. OK. Fine.

Mr. DEMIENTIEFF. There is two pieces of written testimony, and I guess you guys got it already, it was submitted by Pat Issacson and Ernest Holmberg from McGrath.

Commissioner BORBRIDGE. OK.

Mr. DEMIENTIEFF. That was in lieu of Anderson coming. Ernie sent that testimony.

Commissioner BORBRIDGE. Fine. Are there any others that you are aware of, Mitch, who are present who wish to testify who have not signed up?

Mr. DEMIENTIEFF. Nobody that I know of.

[The prepared statements of Mr. Isaacson and Mr. Holmberg follow:]

STATEMENT OF PAT ISAACSON, PRESIDENT AND CHAIRMAN OF THE BOARD, BEAN RIDGE CORP.

My name is Pat Isaacson. I am the president and chairman of the board for the Bean Ridge Corp. of Manley Hot Springs. We are the profitmaking corporation organized for the purpose of administering the Alaska Native Claims Settlement Act. We wish to urge the acceptance of the Alaskan Amendments being presented here today by Tanana Chiefs.

Our reasoning is thus:

(1) We are a profitmaking corporation and as such cannot engage in the presentation of social services, and if we could, would not do so because of the shortage of qualified persons available and our lack of expertise.

(2) The Tanana Chiefs has been duly appointed by conference to govern us in such matters concerning the health, welfare and education of our people, and has executed these responsibilities in an ardent and professional manner.

(3) The Tanana Chiefs has been the traditional governing body elected by the people for their mutual benefit.

In short, gentlemen, we are very pleased with the performance of the Tanana Chiefs Conference and again urge the change by amendment in the definition of "Tribe" within Public Law 93-638.

Thank you.

STATEMENT OF ERNEST HOLMBERG, AREA CHIEF, UPPER KUSKOKWIM NATIVE ASSOCIATION

I am sorry I am unable to attend your hearing here in Alaska. We have "subsistance and winterization" to worry about at this time.

I have noticed that you are called a "sub-committee on Indian Affairs" and are presently dealing with the problem of defining the word "Tribe." I remember reading in the Congressional Record, the debate on the definition of the word "Indian" versus the word "Native". You have made some progress on this word. I see we are not referred to as Natives with a small "N" but with a large "N". It seems, with each additional act from our Nations capital dealing with Alaska Natives, the letter "N" seems to become larger and larger. Now it is hatching other little words like "Tribe". What I think you ought to do is to change the small "T" in the word "Tribe" to a large "T". That way we, as Alaska Natives will truly be recognized as the "Lost Tribe of Israel". This may easily solve the problem and you can go home.

Ever since our American Native brothers in the lower forty eight were defeated by bullets and put into concentration camps we have identification problems with Congress on exactly who, how, and what we are as Alaska Natives. We have not been defeated by bullets. The only ammunition, some lawyers, some bureaucrats, and some congressman have left are words. In every act that Congress passes dealing with us and for that matter with all citizens of the United States, words have been designed to slow us down and phase us into the mainstream of being so called "All American". It took a long time for us to be recognized as American citizens. Our race, culture and heritage points to the fact that we are the "All American People" of this Nation. Now the Bureau of Indian Affairs ask, "What tribe of the Alaska Native people are you from?"

Since we are not on reservation status, we have been, a problem to the bureau, past history has proved this a fact. We are no longer considered Indian but "Alaska Native". It would be easier to identify us as a tribe if we lived on reservations. We live in villages scattered through out the interior. The definition of "Tribe" here in Alaska is different than the lower forty-eight. The villages of our association band together in conference twice a year with Tanana Chiefs, as a tribe, to try to help solve our problems. Before each conference, the individual councils of our association meet in the village and discuss problems to be brought up in the conference. Then, there is an election of a delegate to attend. We recognize our villages as bands, with the Tanana Chiefs as our tribal organization.

My most simple recommendation to you is for the villages to practice Alaska Native self determination and for you to allow us to do so.

If the BIA insists on allowing the villages to be consulted on this manner, I would suggest that the BIA fund a comprehensive educational package allowing the chiefs to have workshops in every village. A one shot-two day workshop per village like this would cost at bare minimum $200,000 for the chiefs region alone and should culminate in a permanent resolution passed by each council. Repeated gathering of resolutions for every village is cumbersome to village and region alike.

I would like to end by telling you a true story I picked up in one of the villages I visited. It was a problem of self identification. A stranger came into the village. He noticed children at play. Among them there was one of lighter complexion. He asked the boy of what nationality he was. The boy pondered for awhile and replied, "I think I am half Indian and half cowboy." I think we, as native people, fall under the same predicament. We want Tanana Chiefs to be recognized as our tribe but we don't want "Cowboys" running the whole show. Under self determination, we want the rope cut off from B.I.A.

Commissioner BORBRIDGE. Are there any in the audience who wish to testify on specific points relative to the Indian Self-Determination Act, Indian financing and perhaps related areas? Yes? Would you please identify yourself?

« PreviousContinue »