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A federal judge ruled that Alaska tribes may put land into trust. Now what?

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A federal judge ruled that Alaska tribes may put land into trust. Now what?


The piece of land that was attempted to be put into trust is a less than 800-square-foot lot near the corner of Capitol Avenue and Village Street in Juneau. (Clarise Larson/KTOO)

Last week, a federal judge in Anchorage ruled that tribes in Alaska may put land into trust, essentially allowing tribes to create “Indian Country” in the state. That’s something that had nearly been done away with since the Alaska Native Claims Settlement Act took effect 53 years ago. 

Alaska Beacon reporter James Brooks sat down with KTOO’s Clarise Larson to talk about what the ruling really means, and why it matters.

Listen:


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This transcript has been edited lightly for clarity. 

James Brooks: This matters a lot because it allows Alaska Native tribes within the state to put land in the federal trust, protecting it from sale, from give away from anything that they don’t want — effectively. It’s a form of long-term protection that places this land under tribal law, rather than state or local law. The main idea is that putting land into trust is something that Alaska tribes haven’t been able to do since the Alaska Native Claims Settlement Act in the 1970s.

Clarise Larson: What is the Alaska Native Claims Settlement Act, and why is it influencing what is happening today?

James Brooks:  We know that Alaska Natives have lived in Alaska for 10s of 1000s of years, since time immemorial, as the phrase goes. The Alaska Native Claims Settlement Act back in the 1970s was designed to settle what’s known as Aboriginal land claims, the idea that folks have been living here for so long, they should have title or right to the land around them — the land that they have used. 

The Settlement Act was designed to settle those Aboriginal claims to land. But what it did was it didn’t give land to tribes, instead, it created corporations to hold that land. And those corporations have rights, but they’re not sovereign governments. And in the decades since then, there have been plenty of people who are unhappy with that result. Even though corporations received millions of acres of land and millions of dollars. It didn’t answer all of the problems that Alaska Natives have had with the current system. And so by putting land into trust, you can put land under the authority of the sovereign tribal governments allowing them to exert tribal law on that land.  

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Clarise Larson: In Alaska, who is going to be impacted the most by this?

James Brooks: It has the potential to impact virtually everyone in the state. There are almost 230 federally recognized tribes in the state. And until now, most of those tribes have had very small land bases. Now, tribes can take a greater influence in how land is administered here. And say, for example, Tlingit and Haida’s situation here in Juneau, they’re seeking to put a fairly notable part of downtown Juneau into trust. And that has the potential to impact all of the people who live around that plot of land.

Clarise Larson: But, the ruling wasnt exactly cut and dry, right? Explain to me some of the intricacies of this particular ruling. 

James Brooks: The ruling this week matters because it says that tribes can do this, but it wasn’t a complete win for the federal government or for Tlingit and Haida. Judge [Sharon] Gleason, who gave the ruling said that the process used in the particular case that was before her court was flawed and needs to be started over. 

That while tribes and the federal government can do this process, the process that was used in the case under question wasn’t correct. So Tlingit and Haida is going to have to go back to the federal government, they’re going to have to restart this process. And it might take a little bit for that to happen. But in the end, the most important thing is that Tlingit and Haida, and other tribes will be able to do this process. 

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Clarise Larson: Why did the State of Alaska sue in the first place?

James Brooks: The state of Alaska through various governors, and various legislatures, has always been somewhat skeptical of tribal sovereignty of tribal land claims. And, in challenging tribes’ ability to put land into trust, this latest lawsuit was following in the state’s historical pattern. Because the state government, state governors feel they have a responsibility for all their state residents. And they worry that allowing tribes to put land into trust could create lots of patches of varying jurisdictions that might deprive different residents of their rights.

Clarise Larson: So, what’s next?

James Brooks: This decision could end up getting appealed to the Ninth Circuit Court of Appeals, it could end up reaching the US Supreme Court. And we could see changes if there’s a new presidential administration as well.

Policies on Native land claims and in putting landed the trust have varied from presidential administration to presidential administration. And so we could see that change as well. While this is an important step, it’s not the last word by any means.

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Alaska

Rivers Turn Bright Orange in Alaska

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Rivers Turn Bright Orange in Alaska


Josh Koch / U.S. Geological Survey

Some of Alaska’s scenic rivers and streams look downright apocalyptic this year because they turned a flagrant orange color — but it’s not due to local pollution, according to scientists at the National Oceanic and Atmospheric Administration (NOAA).

In actuality, the orange tinted water is rust, released as the frozen ground in Alaska thaws out due to unchecked greenhouse gasses driving global warming. And it’s leaking into the state’s waterways, according to NOAA’s annual report on the Arctic region, where it’s posing a danger to local wildlife, residents and commercial fisheries.

The day-glo rivers are also a bright orange flag that the Arctic is warming faster than the rest of the world. The massive defrosting is also anticipated to increase sea levels and screw up weather patterns, according to scientists who talked to NPR.

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“When the Arctic thaws and warms, it’s having an impact on the global climate,” Matthew Druckenmiller, lead author of the report and senior scientist with the Boulder, Colorado-based National Snow and Ice Data Center, told the broadcaster.

The planet is already showing signs of distress from global warming, such as large-scale forest fires and extreme summer temperatures outside the Arctic, which Druckenmiller described as a giant fridge for the planet.

“The Arctic is warming several times faster than Earth as a whole, reshaping the northern landscapes, ecosystems, and livelihoods of Arctic peoples,” reads the NOAA report. “Also transforming are the roles the Arctic plays in the global climate, economic, and societal systems.”

Zooming back to Alaska, people started noticing the orange waterways in 2018, according to NPR.

“ We heard from people who live in the region — pilots who are often flying over, people in the national parks,”  US Geological Survey research hydrologist Josh Koch told the broadcaster.

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As temperatures heats up in the most remote parts of Alaska, permafrost — ground that usually stays continuously frozen — is melting, and that’s unlocking iron in the soil, which oxidizes from exposure to water and air, causing rivers and streams to turn orange. Surveys revealed that this contamination is far reaching, covering hundreds of miles of terrain in Alaska.

“It’s often not orange until it reaches the stream, and then all the iron and other metals can precipitate and create this iron staining,” Koch added.

It’s not clear if residents are being harmed from the polluted water, but local scientists are monitoring the situation, NPR reports.

The other problem with these rusty rivers is that they increase the acidity level in the water, according to the NOAA report, and this may harm fish like Dolly Varden char, whose juvenile offspring have experienced a sharp decrease in numbers most likely due to iron in its aquatic habitat. And that’s pretty bad for everybody in Alaska.

“The food chain is connected to the lives of people living in the Arctic,” Druckenmiller said.

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More on climate change: Melting Glacier in Alaska Floods State Capital



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Alaska

Winter Solstice celebration takes over Cuddy Park

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Winter Solstice celebration takes over Cuddy Park


ANCHORAGE, Alaska (KTUU) – On the darkest weekend of the year, Alaskans gathered at Cuddy Park to mark the moments before daylight finally begins its slow return.

To celebrate, the Municipality held its annual winter solstice festival, inviting everyone for an evening of cold-weather fun.

”Some of the highlights, of course, are ice skating at the oval right over there, some holiday music, we have Santa and Mrs. Claus wandering around, we are going to have some reindeer here,” Anchorage Parks and Recs Community Engagement Coordinator, Ellen Devine, said.

In addition to seeing reindeer, folks could take a ride around the park in a horse-drawn carriage or sit down and watch a classic holiday film provided by the Alaska Bookmobile.

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Despite the frigid temperature, people made their way down to the park to partake in some festive cheer.

“It is my first time in Anchorage,” attendee Stefan Grigoras said. “It’s beautiful, it is a little bit cold, I’m not going to lie, but I want to take a picture with the reindeer.”

Grigoras, like many, took part in the free hot chocolate and took his photo with St. Nick and Mrs. Claus, who were seen wandering around bringing joy to all.

“[The kids] get so excited and, you know, you have everything from run over and almost knock us down with hugs to not even wanting to come near us, and it’s just a fun combination of all that,” Mrs. Claus said.

Some of those kids were Logan and Keegan, who were out and about with their parents, Samantha and Trevor. The two kids asked for things that every child is sure to want.

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“A monster truck,” Logan said.

“Bingo,” Keegan said.

”Like Bluey and Bingo,” Samantha clarified for Keegan.

The young family is originally from Arkansas and is excited to be a part of a thriving community.

“I love Anchorage’s community. There’s so many community events, and especially as a young family, it makes me really excited to get together and get to know people,” Samantha said.

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As the festivities continued into the night, a familiar holiday message could be heard.

”Merry Christmas, ho, ho, ho,” the Clauses yelled!

“Merry Christmas,” Logan and Keegan said.

See a spelling or grammar error? Report it to web@ktuu.com

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Opinion: You get what you pay for — and Alaska is paying too little

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Opinion: You get what you pay for — and Alaska is paying too little


A protester holds a sign before the start of a rally held in support of the Alaska university system on Wednesday, Feb. 13, 2019, in Juneau, Alaska. (AP Photo/Becky Bohrer)

Most Alaskans, perhaps even most Americans, have a knee-jerk reaction to taxes. They affect citizens in a sensitive area — their pocketbook. Perhaps a little analysis and thought could change this normal negative reaction.

It is clear, even to the stingiest among us, that Anchorage and Alaska need more income. Our severely underfunded public schools, decreasing population — called “outmigration” these days — underfunded police force, deteriorating streets and highways, underfunded city and state park budgets, and on and on, are not going to fix themselves. We have to pay for it.

Public schools are the best example. Do you want your first grader in a classroom with 25-plus students or your intermediate composition student in a class with 35-plus students? What if the teacher needs four to five paragraphs per week per student from two such classes? Who suffers? The teacher and 70 students. It’s not rocket science — if you minimize taxes, you minimize services.

I was an English teacher in Anchorage and had students coming into my classroom at lunch for help. Why? They were ambitious. Far more students who wanted and needed help were too shy, too busy or less motivated. With smaller class sizes, those students would have gotten the help in class.

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Some Alaskans resent paying taxes that help other people’s children. They often say, “But I don’t have any kids in school!” The same attitude is heard when folks say, “The streets in our neighborhood are fine.” Taxes are not designed to help specific taxpayers; they are, or should be, designed to help the entire community. And we are a community.

As well, lots of people get real excited by sales taxes, especially those who have enough income to buy lots of stuff. They argue that, on balance, sales taxes are unfair — they are regressive. That means that individuals with less income pay a higher percent of their income than individuals with a higher income, and this is true. It is minimized by exempting some expenses — medical care, groceries and the like.

A recent opinion piece published in the Anchorage Daily News explained the disadvantages of a regressive tax. In doing so, the author made an excellent argument for using a different kind of tax.

The solution is to use an income tax. With an income tax, the regulations of the tax can prevent it from being regressive by requiring higher tax rates as individual incomes increase. Alaska is one of only eight or nine states with no state income tax. For those folks all worked up about regressive sales taxes, this is the solution.

Any tax that most folks will accept depends on people seeing themselves as part of the same community. That’s not always obvious these days — but it doesn’t change the bottom line: We still have to pay our way.

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Tom Nelson has lived in Anchorage more than 50 years. He is a retired school teacher, cross country ski coach, track coach, commercial fisherman and wilderness guide.

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