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2018 Draft Alaska Tribal Unity Resolutions November 26, 2018 TABLE OF CONTENTS Number Title Action 2018-01 IN RECOGNITION OF THE FIRST ALASKA NATIVE SPEAKER OF THE ALASKA HOUSE OF REPRESENTATIVES, BRYCE EDGMON, A TRIBAL ADVOCATE 2018-02 IN RECOGNITION OF SENATOR JOHN COGHILL, CRIMINAL JUSTICE REFORM WARRIOR 2018-03 IN RECOGNITION OF REPRESENTATIVE SCOTT KAWASAKI, SUPPORTER OF TRIBAL ISSUES 2018-04 IN RECOGNITION OF CONGRESSMAN DON YOUNG’S INCLUSION OF SUBSISTENCE INTERESTS IN THE MAGNUSON STEVENS REAUTHORIZATION 2018-05 IN RECOGNITION OF SENATOR DAN SULLIVAN’S EFFORTS TO BRING JUSTICE TO ALASKA NATIVE VIETNAM VETERANS BY SUPPORT OF THE ALASKA NATIVE VETERANS LAND ALLOTMENT EQUITY ACT 2018-06 IN RECOGNITION OF SENATOR LISA MURKOWSKI’S DEDICATION TO BUILDING EQUITY IN ALASKA NATIVE TRIBAL COURTS 2018-07 ENHANCE PUBLIC SAFETY IN ALASKA NATIVE VILLAGES 2018-08 OPPOSING THE DEPARTMENT OF THE INTERIOR’S EFFORTS TO REMOVE THE SECRETARY’S LEGAL AUTHORITY TO TAKE LAND INTO TRUST IN ALASKA 2018-09 DEFEND TO MAINTAIN THE FEDERAL SUBSISTENCE FISHING PROTECTIONS IN RURAL ALASKA 2018-10 CONTINUE TO FUND THE SMALL AND NEEDY TRIBES 2018-11 IMPROVE AND INCREASE HOUSING IMPROVEMENT PROGRAM FUNDING 2018-12 SEPARATE ALASKA BY FORMULA FOR THE

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Page 1: OPPOSING THE DEPARTMENT OF THE INTERIOR’S … file · Web viewin recognition of the first alaska native speaker of the alaska house of representatives, bryce edgmon, a tribal advocate

2018 Draft Alaska Tribal Unity ResolutionsNovember 26, 2018

TABLE OF CONTENTS

Number Title Action2018-01 IN RECOGNITION OF THE FIRST ALASKA NATIVE SPEAKER

OF THE ALASKA HOUSE OF REPRESENTATIVES, BRYCE EDGMON, A TRIBAL ADVOCATE

2018-02 IN RECOGNITION OF SENATOR JOHN COGHILL, CRIMINAL JUSTICE REFORM WARRIOR

2018-03 IN RECOGNITION OF REPRESENTATIVE SCOTT KAWASAKI, SUPPORTER OF TRIBAL ISSUES

2018-04 IN RECOGNITION OF CONGRESSMAN DON YOUNG’S INCLUSION OF SUBSISTENCE INTERESTS IN THE MAGNUSON STEVENS REAUTHORIZATION

2018-05 IN RECOGNITION OF SENATOR DAN SULLIVAN’S EFFORTS TO BRING JUSTICE TO ALASKA NATIVE VIETNAM VETERANS BY SUPPORT OF THE ALASKA NATIVE VETERANS LAND ALLOTMENT EQUITY ACT

2018-06 IN RECOGNITION OF SENATOR LISA MURKOWSKI’S DEDICATION TO BUILDING EQUITY IN ALASKA NATIVE TRIBAL COURTS

2018-07 ENHANCE PUBLIC SAFETY IN ALASKA NATIVE VILLAGES2018-08 OPPOSING THE DEPARTMENT OF THE INTERIOR’S

EFFORTS TO REMOVE THE SECRETARY’S LEGAL AUTHORITY TO TAKE LAND INTO TRUST IN ALASKA

2018-09 DEFEND TO MAINTAIN THE FEDERAL SUBSISTENCE FISHING PROTECTIONS IN RURAL ALASKA

2018-10 CONTINUE TO FUND THE SMALL AND NEEDY TRIBES2018-11 IMPROVE AND INCREASE HOUSING IMPROVEMENT

PROGRAM FUNDING2018-12 SEPARATE ALASKA BY FORMULA FOR THE

TRIBALTRANSPORTATION PROGRAM FUNDS IN THE NEW TRANSPORTATION BILL DUE IN 2021

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3rd Annual Alaska Tribal Unity GatheringResolution No. 2018-01

IN RECOGNITION OF THE FIRST ALASKA NATIVE SPEAKER OF THE ALASKA HOUSE OF REPRESENTATIVES, BRYCE EDGMON, A TRIBAL

ADVOCATE

WHEREAS, Representative Edgmon represents the 37th House District since 2006 and is the first Alaska Native to hold the position of Speaker of the House; and

WHEREAS, Representative Edgmon has made rural public safety a priority by supporting full funding for Village Public Safety Officers in the FY2017 budget and supports funding for re-entry programs and domestic violence treatment in community residential centers, in correctional facilities, and community based services to stop the flow of our people through the criminal justice system; and

WHEREAS, Representative Edgmon has commended the Governor’s Public Safety Action Plan by acknowledging that Alaska’s tribes and Tribal Health Consortiums are on the front lines of the public safety crisis; and

WHEREAS, Representative Edgmon has worked to increase funding to Tribal Health Care providers by urging the Federal Communication Commission to ensure that rural communities in the state continue to have access to affordable broadband telehealth services; and

WHEREAS, Representative Edgmon has advocated for many Tribal issues including parity in our legal system, protection of our wild salmon resource and reinstatement of lapsed Native Corporations.

NOW THEREFORE BE IT RESOLVED that the Tribal Leaders at the 2018 Alaska Tribal Unity Gathering recognizes and commends the advocacy of the first Alaska Native Speaker of the Alaska House of Representatives, Bryce Edgmon.

__________________________ __________________________Will Mayo Richard PetersonInterim Executive Director Chairman

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3rd Annual Alaska Tribal Unity GatheringResolution No. 2018-02

IN RECOGNITION OF SENATOR JOHN COGHILL, CRIMINAL JUSTICE REFORM WARRIOR

WHEREAS, Senator Coghill represents the Senate District B and has served Interior Alaskans interests in Juneau since 1999; and

WHEREAS, Senator Coghill has worked tirelessly to provide solutions to the systematic problems of the criminal justice system; and

WHEREAS, Senator Coghill has championed criminal justice reform; and

WHEREAS, Senator Coghill has recognized that safe communities are paramount to a thriving Alaska and that one tool in achieving safe communities is to lower the current recidivism rate (75% for Alaska Natives) through smart, evidence-based legislation; and

WHEREAS, Senator Coghill has spent time with Tribal leaders on his efforts to find solutions to public safety in rural Alaska; and

WHEREAS, Senator Coghill introduced the Indian Tribe Criminal Procedure Act to expand jurisdiction of low-level crimes to Tribal Courts for traditional and culturally appropriate punishments.

NOW THEREFORE BE IT RESOLVED that the Tribal Leaders at the 2018 Alaska Tribal Unity Gathering recognizes and commends the advocacy of Senator John Coghill.

__________________________ __________________________Will Mayo Richard PetersonInterim Executive Director Chairman

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3rd Annual Alaska Tribal Unity GatheringResolution No. 2018-03

IN RECOGNITION OF REPRESENTATIVE SCOTT KAWASAKI, SUPPORTER OF TRIBAL ISSUES

WHEREAS, Representative Kawasaki represents the House District 1 and has served Interior Alaskans interests in Juneau since 2007; and

WHEREAS, Representative Kawasaki has worked tirelessly to provide solutions to the systematic problems experienced by Tribal entities, including background check reform and the expansion of the Senior Benefits Program; and

WHEREAS, Representative Kawasaki understands the significance of the relationship between law enforcement and Native Peoples and has introduced legislation to allow wrongfully convicted people, like the Fairbanks Four, to receive compensation from the State of Alaska; and

WHEREAS, Representative Kawasaki chairs the House Committee on Public Safety and has spent time with Tribal leaders on his efforts to find solutions to public safety in rural Alaska; and

WHEREAS, Representative Kawasaki has been at the forefront of championing legislative ethics and election reform.

NOW THEREFORE BE IT RESOLVED that the Tribal Leaders at the 2018 Alaska Tribal Unity Gathering recognizes and commends the advocacy of Representative Scott Kawasaki.

__________________________ __________________________Will Mayo Richard PetersonInterim Executive Director Chairman

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3rd Annual Alaska Tribal Unity GatheringResolution No. 2018-04

IN RECOGNITION OF CONGRESSMAN DON YOUNG’S INCLUSION OF SUBSISTENCE INTERESTS IN THE MAGNUSON STEVENS

REAUTHORIZATION

WHEREAS, Representative Don Young, Alaska’s sole Congressman, has been a relentless supporter of Alaska Native subsistence activities; and

WHEREAS, Representative Don Young has participated in subsistence fishing on the Yukon River in Fort Yukon, Alaska and understands for Alaska Natives peoples, access to traditional food resources is critical for health, wellbeing, economic security and food sovereignty; and

WHEREAS, The Magnuson Stevens Act created the high-seas fisheries management regime and authorizes the North Pacific Fisheries Management Council; and

WHEREAS, The North Pacific Fisheries Management Council would provide better management decisions if those serving on the Council had subsistence experiences; and

WHEREAS, Representatives Don Young has included language in H.B. 200, the Magnuson Stevens Reauthorization bill, which allows for subsistence fishing interests be included in the expertise that the Secretary may consider when making appointments to the North Pacific Fisheries Management Council. This inclusion will create more opportunity for subsistence representation on the North Pacific Fisheries Management Council. 

NOW THEREFORE BE IT RESOLVED that the Tribal Leaders at the 2018 Alaska Tribal Unity Gathering recognizes and thanks Congressman Don Young’s efforts to include subsistence interests in the reauthorization of the North Pacific Fisheries Management Council.

__________________________ __________________________Will Mayo Richard PetersonInterim Executive Director Chairman

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3rd Annual Alaska Tribal Unity GatheringResolution No. 2018-05

IN RECOGNITION OF SENATOR DAN SULLIVAN’S EFFORTS TO BRING JUSTICE TO ALASKA NATIVE VIETNAM VETERANS BY SUPPORT OF THE

ALASKA NATIVE VETERANS LAND ALLOTMENT EQUITY ACT

WHEREAS, From 1906 to 1971, Alaska Natives have had the right to obtain allotments of land under the Alaska Native Allotment Act until it was repealed by the Alaska Native Claims Settlement Act, but with a saving clause for pending applications; and

WHEREAS, Before the 1971 repeal of the Alaska Native Allotment Act, few allotment applications had been filed or approved because most rural Alaska Natives did not learn of the opportunity for an allotment until 1970 when the federal government initiated an effort to inform and assist potential allotment applicants; and

WHEREAS, Many Alaska Native Vietnam era veterans did not have the opportunity to apply for allotments before the Alaska Native Allotment Act was repealed because they were serving in the military; and

WHEREAS, Senator Dan Sullivan recognizes that Alaska Natives have a long and proud history of military service, serving in greater numbers on a per capita basis than any other group in the United States of America and our nation “should honor our prior promises to our Alaska Native veterans, who showed a special kind of patriotism and service during the Vietnam era”; and

WHEREAS, Senator Dan Sullivan introduced, the Alaska Native Veterans Land Allotment Equity Act that expands military service dates to coincide with the entire Vietnam conflict, which officially lasted from 1964-1975. The legislation would increase available land for selection by Alaska Native Veterans and reduce previous restrictions and occupancy requirements that prevented many veterans from receiving their allotment during the prior open season. Further, the bill includes minor policy improvements made during the 114th Congress, including a provision that requires the Department of Interior to coordinate with Alaska Native organizations to help streamline the implementation of the legislation and coordinate outreach to veterans; and

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WHEREAS, Senator Dan Sullivan has actively sought the support of Secretary of Interior Ryan Zinke, including a meeting in May 2017, which Secretary Zinke met with a group of Alaska Native veterans and expressed support of the bill.

NOW THEREFORE BE IT RESOLVED that the Tribal Leaders at the 2018 Alaska Tribal Unity Gathering recognizes the advocacy by Senator Dan Sullivan to bring justice to the Alaska Native Vietnam veterans through his relentless support of the Alaska Native Veterans Land Allotment Equity Act.

__________________________ __________________________Will Mayo Richard PetersonInterim Executive Director Chairman

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3rd Annual Alaska Tribal Unity GatheringResolution No. 2018-06

IN RECOGNITION OF SENATOR LISA MURKOWSKI’S DEDICATION TOBUILDING EQUITY IN ALASKA NATIVE TRIBAL COURTS

WHEREAS, Functioning tribal courts are essential to the health and safety of our communities and are a hallmark of self-rule and tribal sovereignty; and

WHEREAS, Tribal courts provide the first line of defense to protect our children, our women, and to maintain order; and

WHEREAS, The federal government does not provide base funding for tribal courts located in states that share concurrent jurisdiction with tribes; and

WHEREAS, In December 2014, Senator Murkowski included language in the Consolidated and Further Continuing Appropriations Act of 2015 that required the BIA to create a report explaining the budgetary needs of unfunded tribal courts; and

WHEREAS, The BIA completed its report in October of 2015. The report asserted that the BIA provides tribal nations with exclusive jurisdiction with funds to cover 6.14% of the true cost of running their tribal courts. The BIA concluded that it would take $16.9 million to provide a similar level of funding for tribal nations that share concurrent jurisdiction with states, of which $11.5 million would be needed for Alaska. The report also made clear that there is no clear process or formula for determining what tribal nations receive for tribal court funding and that in cases it may be more or less than the 6.14%; and

WHEREAS, The report was a crucial step because it marked the first time that the BIA had publicly quantified the cost of providing funding to unfunded tribal courts. It armed Alaska Native tribes with the numbers it needed to advocate for direct funding to tribal courts; and

WHEREAS, Following the report and Senator Murkowski’s advocacy, Congress provided $10 million for unfunded tribal courts through the December 2015 Omnibus. The BIA held a subsequent tribal consultation on how to spend the funding. In the end every tribal

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nation in Alaska received $5,000 and numerous others have been identified to receive additional funding; and

WHEREAS, Certain Alaska Native tribes have been selected to receive tribal court assessments, the assessments are the first step in receiving funding. After an initial meeting, these tribal nations will receive immediate one-time funding to address critical needs. The assessment work will continue over the course of a year and the assessed tribal nations will then receive additional funds; and

WHEREAS, Alaska Tribal Unity’s strategy is to protect this stream of funding to previously unfunded tribal courts and request Congress to provide similar allocations in future budgets, and eventually build this into base funding that is recurring each year; and

WHEREAS, The Senate Appropriations Committee, in which Senator Lisa Murkowski is a member of, released its report for the draft FY19 Interior appropriations bill which did not accept the administration’s decrease for Tribal justice support and restored the levels to ensure $13,000,000 remains available to address tribal court needs. The Committee further expressed its expectations of the BIA to continue to work with tribes to consider options that promote, design, or pilot Tribal court systems in Tribal communities under Public Law 83-280.

NOW THEREFORE BE IT RESOLVED that the Tribal Leaders at the 2018 Alaska Tribal Unity Gathering greatly appreciate Senator Murkowski and the Appropriations Committee’s efforts to address tribal court funding in Alaska and dedication to building equity in Alaska Native Tribal Courts. This funding is making real and tangible differences in our communities.

__________________________ __________________________Will Mayo Richard PetersonInterim Executive Director Chairman

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3rd Annual Alaska Tribal Unity GatheringResolution No. 2018-07

ENHANCE PUBLIC SAFETY IN ALASKA NATIVE VILLAGES

WHEREAS, There exists a crisis in effective and tribally-driven local law enforcement, civil regulation and judicial mechanisms in Alaska Native villages; and

WHEREAS, The success of Alaska Native communities ultimately depends upon maximizing their ability to determine their own futures and to govern their own communities, as a matter of fundamental self-governance and self-determination; and

WHEREAS, Alaska Native villages suffer disproportionately from civil disturbances and crimes rooted in alcohol abuse, illicit drug use, and domestic violence, with 95% of crimes across rural Alaska attributed to alcohol abuse (as reported in 2006 by the Alaska Rural Justice and Law Enforcement Commission); and

WHEREAS, Alaska Native women suffer the highest rate of forcible rape in the United States, with an Alaska Native woman raped every 18 hours; and

WHEREAS, The State of Alaska’s public safety and civil judicial system does not effectively serve vast areas of the State where remote Alaska Native villages are located; and

WHEREAS, An “Alaska” answer is needed to effectively restore tribal self-determination at the local level through the affirmation of tribal civil, regulatory, judicial and criminal jurisdiction in Alaska Native communities, without regard to land ownership and without regard to tribal citizenship or membership; and

WHEREAS, In October 2016, a statewide gathering of tribal leaders in Fairbanks adopted a set of principles which included a call for the “enactment of federal legislation and executive action affirming the authority of Alaska Tribal Governments to provide for civil society and the rule of law in their communities, over all persons and without regard to land ownership, coupled with enhanced Federal Government support for Alaska Tribes;” and

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WHEREAS, In October 2015, Senator Lisa Murkowski called for the development of federal legislation which would confirm the authority of Alaska Native tribal governments to govern their communities; and

WHEREAS, Various legislative proposals have been offered over the years to confirm the authority of Alaska Native villages to govern their communities and all persons within those communities; and

WHEREAS, The Federal Government exercises a special trust obligation to protect and enhance the governmental authorities of Alaska Native villages, and to assist in assuring that Alaska Native villages can effectively administer justice and provide safe and thriving communities; and

WHEREAS, Local laws, judicial systems and law enforcement that is created and administered by Alaska tribes will be more responsive to the need for greater local control, local responsibility and local accountability in the administration of justice.

NOW THEREFORE BE IT RESOLVED that the Tribal Leaders at the 2018 Alaska Tribal Unity Gathering calls upon Congress to:

1. Invoke its constitutional authority under Article I, sec. 8, clause 3 of the Constitution to enact legislation confirming the governmental authority of Alaska Native villages over all persons within their communities without regard to land ownership; and

2. Enhance access to funds to support the operation of tribal governments, tribal courts and tribal law enforcement personnel; and

3. Encourage maximum cooperation and collaboration between Alaska Tribes, the State of Alaska and the Federal Government in the administration of justice in Alaska Native villages.

__________________________ __________________________Will Mayo Richard PetersonInterim Executive Director Chairman

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3rd Annual Alaska Tribal Unity GatheringResolution No. 2018-08

OPPOSING THE DEPARTMENT OF THE INTERIOR’S EFFORTS TO REMOVE THE SECRETARY’S LEGAL AUTHORITY TO TAKE LAND INTO

TRUST IN ALASKA

WHEREAS, The Indian Reorganization Act (IRA) was enacted to halt and reverse the decline in the economic, cultural, governmental, and social well-being of Indian Tribes caused by the disastrous federal policies of allotment and sale of reservation lands; and

WHEREAS, The IRA authorizes the Secretary of the Interior (Secretary) “to acquire…any interest in lands, within or without existing reservations…for the purpose of providing land to the Indians;” and

WHEREAS, Off-reservation acquisitions are vitally important to Alaska Native Tribes, because many are small, rural, may be landless, or may only have a few trust parcels; and

WHEREAS, The Acting Assistant Secretary-Indian Affairs sent notice on July 2, 2018 stating, “On June 20, the Department determined it was necessary to withdraw Sol. Op. M-37043 pending further review and consultation because the M-Opinion fails to fully discuss the possible implications of legislation enacted after ANCSA upon the Secretary's authority to take land into trust in Alaska,” effectively freezing taking Alaska land into trust; and

WHEREAS, In the 2006 Akiachak case, the plaintiffs argued that the Alaska exclusion violates the IRA by creating an illegal classification that diminished the rights of every Alaska tribe compared to all other tribes in the United States. The court determined that the Secretary retained authority, under the 1936 Alaska extension of the IRA, to take land into trust for Alaska tribes; and

WHEREAS, On December 23, 2014, the Department published the Federal Register Final Rule that omitted the “Alaska exception” from the Land-into-Trust regulations. 79 Fed. Reg. 76,888; and

WHEREAS, In 2016, the U.S. Court of Appeals dismissed the Akiachak litigation; and

WHEREAS, In January 2017, the Solicitor for the Department issued an “M”

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Opinion reaching the same legal conclusion as the 2013 court decision and the 2014 published regulation; and

WHEREAS, In January 2017, the Secretary acquired a one-acre parcel in trust for the benefit of the Craig Tribal Association.

NOW THEREFORE BE IT RESOLVED that the Tribal Leaders at the 2018 Alaska Tribal Unity Gathering strongly opposes the Department of the Interior’s efforts to remove the Secretary’s legal authority to take land into trust in Alaska.

__________________________ __________________________Will Mayo Richard PetersonInterim Executive Director Chairman

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3rd Annual Alaska Tribal Unity GatheringResolution No. 2018-09

DEFEND TO MAINTAIN THE FEDERAL SUBSISTENCE FISHING PROTECTIONS IN RURAL ALASKA

WHEREAS, The Katie John Subsistence Rule for subsistence fishing depends upon the federal government’s ownership of an “interest” in navigable waters in the Parks, Preserves, Forests and other federal Conservation System Units that exist across rural Alaska; and

WHEREAS, There is currently pending in the United States Supreme Court the case of Sturgeon v. Frost; and

WHEREAS, Governor Walker’s and John Sturgeon’s appeal in the Sturgeon case directly attack the basis for the Katie John Subsistence Rule by asserting that the federal government does not own any “interest” in navigable waters in these Conservation System Units; and

WHEREAS, Katie John’s heirs, the Village of Mentasta, other villages and AFN submitted an amicus brief in the Supreme Court opposing the Governor’s and Sturgeon’s positions; and

WHEREAS, The Supreme Court will hear oral arguments in the Sturgeon case in Washington, D.C. on November 5, 2018; and

WHEREAS, A decision in the Supreme Court could mean the elimination of all federally-protected rural subsistence fishing rights in Alaska; and

WHEREAS, Throughout the 1980s and early 1990s the State of Alaska proved itself repeatedly incapable of protecting subsistence fishing rights across rural Alaska, and failed on multiple occasions to put a constitutional amendment before the voters that would have permanently protected such rights under state law.

NOW THEREFORE BE IT RESOLVED that the Tribal Leaders at the 2018 Alaska Tribal Unity Gathering:

Oppose Governor Walker’s and Sturgeon’s efforts to remove any basis for federal subsistence fishing protections in rural Alaska; and

The Interior Department must continue to fight to protect all federal subsistence fishing rights in rural Alaska; and

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The Interior Department should refuse to withdraw subsistence fishing protections in rural Alaska, regardless of the outcome in the Sturgeon case; and

In the event the Supreme Court rules in Governor Walker’s and Sturgeon’s favor and wipes out the basis for federal subsistence fishing protections in rural Alaska, Congress should act to immediately restore those rights by appropriate legislation.

__________________________ __________________________Will Mayo Richard PetersonInterim Executive Director Chairman

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3rd Annual Alaska Tribal Unity GatheringResolution No. 2018-10

CONTINUE TO FUND THE SMALL AND NEEDY TRIBES

WHEREAS, The Tribal Priority Allocations (TPA) base level for small and needy tribes is defined as $200,000 per year for tribes in Alaska and $160,000 for tribes in the lower 48 states. (Indian Affairs Budget Justifications and Performance Information FY 2017, page IA-TG-5.); and

WHEREAS, The Congress appropriated $1.8 million in FY 2015, $1.8 million in FY 2016, $4.4 million in FY 2017, and $4.4 million in FY 2018 to increase the TPA base funding to $200,000 for tribes in Alaska; and

WHEREAS, The conference report on the FY 2018 Interior Appropriations Act contained the following language (Congressional Record, March 22, 2018, page H2618), “The Small and Needy Tribes program is funded at $4,448,000, ensuring that all Tribes receive the maximum base level provided by the Bureau to run Tribal governments;” and

WHEREAS, In FY 2018, of the 128 tribes in Alaska that had PL 93-638 contracts, 116 (90.6%) had annual TPA base allocations less than $200,000; and

WHEREAS, The Indian Affairs Budget Office has not fully distributed the Small and Needy Tribes funds. Any funds not allocated after two years will be returned to the U.S. Treasury as unobligated funds; and

WHEREAS, The cost of operating programs, transportation, purchasing supplies, and meeting basic needs is great in Alaska because of the rural and isolated location of most Alaska Native villages. There are no roads in or out of many Alaska Native communities, and most can be accessed only by boat or plane, making a great need for this funding by small Alaska tribes.

NOW THEREFORE BE IT RESOLVED that the Tribal Leaders at the 2018 Alaska Tribal Unity Gathering request the Small and Needy Tribes account be funded at no less than the FY 2019 enacted level of $4,448,000 in the FY 2020 Indian Affairs budget; and

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FURTHER BE IT RESOLVED that the Tribal Leaders at the 2018 Alaska Tribal Unity Gathering request the Small and Needy Tribes funding be allocated in a quickly manner.

__________________________ __________________________Will Mayo Richard PetersonInterim Executive Director Chairman

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3rd Annual Alaska Tribal Unity GatheringResolution No. 2018-11

PROTECT AND INCREASE HOUSING IMPROVEMENT PROGRAM FUNDING

WHEREAS, Housing is a critical need in Alaskan villages and was ranked fourth for FY 2020 tribal priorities;

WHEREAS, Building homes in villages brings many benefits that include but not limited to reducing outmigration, maintaining student counts for schools, boosting local economies, and reducing homelessness and overcrowding; and

WHEREAS, The Housing Improvement Program (HIP) serves the neediest of the low income Native American households that live in substandard housing; and

WHEREAS, In 2018, there were 1,524 eligible applicants in Alaska with a total estimate of need of $368,618,380, but only 0.658% percent of the need was funded; and

WHEREAS, HIP has been underfunded and has had over a $15 million decreases since 2005 with only 0.825% percent of the estimate need in the nation being funded for a total of $7,483,506 in 2018; and

WHEREAS, The Office of Management and Budget (OMB) deemed HIP redundant and duplicative of the Native American and Housing Assistance Self Determination Act (NAHASDA) program; and

WHEREAS, HIP is a critical addition to other Native American housing programs because it provides housing opportunities to individuals and families who cannot otherwise receive housing assistance from HUD or other sources; and

WHEREAS, AFN's proposal to include $50 million for HIP in the FY 2019 budget would provide an economic benefit for the unemployed and those in the need of housing; and

NOW THEREFORE BE IT RESOLVED by the Tribal Leaders at the 2018 Alaska Tribal Unity Gathering that the Department of the Interior (DOl) should exercise its government-to-government consultation

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policy by forming a task force coalition consisting of Alaska tribal governments and DOl officials to develop policies to ensure that there is no duplication of program services; and

FURTHER BE IT RESOLVED that the Tribal Leaders at the 2018 Alaska Tribal Unity Gathering will forwarded to the Department of the Interior, Bureau of Indian Affairs, and congressional delegation urging increased and continued funding; and

FURTHER BE IT RESOLVED that the Tribal Leaders at the 2018 Alaska Tribal Unity Gathering shall pursue the following executive legislative action to:

1. Conduct immediate congressional oversight hearings in Alaska to be held before the U.S. Senate Committee on Indian Affairs and the House Committee on Natural Resources regarding the Housing Improvement Program policy and future funding; and

2. Introduce legislation protecting HIP funding resources within the Department of Interior, Bureau of Indian Affair's budget proposals to the President; and

3. Increase HIP funding for FY 2019 to $50 million; and

4. Include HIP funding in any future stimulus bills.

__________________________ __________________________Will Mayo Richard PetersonInterim Executive Director Chairman

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3rd Annual Alaska Tribal Unity GatheringResolution No. 2018-12

SEPARATE ALASKA BY FORMULA FOR THE TRIBALTRANSPORTATION PROGRAM FUNDS IN THE NEW

TRANSPORTATION BILL DUE IN 2021

WHEREAS, There are 344 Federally recognized Tribes in the Lower 48, and 229 Tribes in Alaska; and 

WHEREAS, The BIA/FHWA Tribal Transportation Program is not formulated to accommodate both Lower 48 and ANSCA Tribes in a fair and beneficial manner; and

WHEREAS, The BIA/FHWA Tribal Transportation Programs' current funding level is too small to be meaningful for safe, reliable and healthy public access for the tribal communities of Alaska; and

WHEREAS, A tribal divide concerning the tribal transportation funding formula has made it impossible to develop and implement a funding formula that is fair to Lower 48 tribes and Alaska tribes due to vast differences in population size, distances, ownership of public access and lack of connecting routes/roads; and

WHEREAS, The last significant increase in Tribal Transportation Program (TTP) funding was during Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users in 2005; the Indian Reservation Roads was funded at $400,000,00 and expired in 2009 at $450,000,000; and 

WHEREAS, The Bureau of Indian Affairs (BIA) implemented a 15 mile limit regulation and removed the 9% funding for state owned and 4% funding city owned routes, which has had a very negative impact for Alaska’s tribes and prevents Alaska tribal DOTs from being fully funded for actual miles traveled.

NOW THEREFORE BE IT RESOLVED, by the Tribal Leaders at the 2018 Alaska Tribal Unity Gathering requests Congress in the new transportation bill due in 2021 to separate the Alaska Official inventory and create an Alaska Tribal Transportation Program that provides a fair funding formula based on Alaska's:

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Page 21: OPPOSING THE DEPARTMENT OF THE INTERIOR’S … file · Web viewin recognition of the first alaska native speaker of the alaska house of representatives, bryce edgmon, a tribal advocate

1. Fund the Lower 48 tribes TTP at $600 million to formulate amongst themselves; and

2. Fund Alaska tribes at $400 million to formulate amongst themselves; and

3. All other discretionary funding would remain equally available to all the tribes to apply; and

4. Distribution of all TTP funding would remain authorized and regulated under Title 25 CFR 170 and managed using the same Tribal Transportation Program Delivery Guide 2018 for all USA tribes; and

5. Distribution of funding would remain authorized under Title 25 CFR 170 and manage using the same Tribal Transportation Program Delivery Guide as the Lower 48 tribes.

__________________________ __________________________Will Mayo Richard PetersonInterim Executive Director Chairman

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