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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

This Day in Alaska History-March 27th, 1964

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This Day in Alaska History-March 27th, 1964


 

The largest landslide in Anchorage occurred along Knik Arm between Point Woronzof and Fish Creek, causing substantial damage to numerous homes in the Turnagain-By-The-Sea subdivision. Courtesy of Wikipedia
The largest landslide in Anchorage occurred along Knik Arm between Point Woronzof and Fish Creek, causing substantial damage to numerous homes in the Turnagain-By-The-Sea subdivision. Courtesy of Wikipedia

J.C. Penney Department Store at Fifth Avenue and D Street, Anchorage District, Cook Inlet Region, Alaska, 1964. Courtesy of USGS
J.C. Penney Department Store at Fifth Avenue and D Street, Anchorage District, Cook Inlet Region, Alaska, 1964. Courtesy of USGS

It was on this day in 1964 that a massive 9.2 earthquake in Southcentral Alaska.

The massive quake at 5:36 pm on March 27th caused much devastation throughout the region and generated a huge tsunami that inundated many communities in the region.

The quake was the largest in the history of the United States and initially killed 15 people while the resulting tsunami killed an additional 100 people in the new state and another 13 in California as well as five in Oregon.

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The megathrust earthquake endured for four minutes and thirty-eight seconds and ruptured over 600 miles of fault and moved up to 60 feet in places.

The deadly quake occurred 15 and a half miles deep 40 miles west of Valdez and generated a ocean floor shift that created a wave 220 feet high.

As many as 20 other smaller tsunamis were generated by submarine landslides.



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Opinion: Alaska’s public schools were once incredible. They can be that way again.

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Opinion: Alaska’s public schools were once incredible. They can be that way again.


(iStock / Getty Images)

I grew up greeting friends and neighbors on my walk to my neighborhood Anchorage public school, just as my kids do now. It’s an essential, and value-added, part of living in our community.

In the late 1990s, when I attended Service High School, I had amazing teachers. My AP chemistry teacher left the oil and gas industry to teach. He could have earned significantly more money in another field, but teaching was competitive enough, given pensions and compensation, that he stayed in the job he loved and gave a generation of students a solid foundation in chemistry.

Now, my kids, who are in first, third and fifth grade, face a different reality. Teachers across our state are leaving in droves. Neighborhood schools across Alaska are closing. Art and music are being combined, which is nonsensical — they are not the same and they are both valuable independently. When he was in second grade, my oldest had a cohort of more than 60 students in his grade — split between two teachers. When he enters sixth grade next year, there will be no middle school sports and he will lose out on electives. Support systems and specialists to help when kids are falling behind have been cut. I’m lucky that my children have had amazing teachers, but many excellent teachers are nearing retirement age or don’t have a pension and are pursuing other careers. What happens then?

Despite skyrocketing inflation, last year was the first time in years that our schools received a significant increase in the Base Student Allocation — and that money doesn’t begin to make up for what they have lost over the years. Even that increase had to overcome two vetoes from what a recent teacher of the year calls “possibly the most anti-public education governor in the history of Alaska.” Shockingly, my own representative, Mia Costello, despite voting for the increase, failed to join the override to support education. She has failed to explain that decision when asked.

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State spending on corrections is up 54% since 2019; meanwhile, spending on education is up only 12% in the same timeframe. Schools are now working with 77% of the funding they had 15 years ago when accounting for inflation.

When we starve our public schools of funding, Alaska families leave. No one wants their child to suffer from a subpar education and the lower test scores and opportunities that come with it. A significant number of people are working in Alaska but choosing not to raise their families here.

To the elected officials who preach school “choice” but starve public schools: our family’s choice is our neighborhood school. It’s our community. It’s where our friends are. Neighborhood public schools, which are required to accept all children, should be the best option out there. Public schools should be a good, strong, viable option for communities and neighborhoods across our great state. Once, they were.

I am thankful for those in the Legislature working to solve these problems. This includes HB 374, which raises the BSA by $630, and HB 261, which would make education funding less volatile.

It breaks my heart that across the state, dedicated teachers keep showing up for our kids while being underpaid and undervalued. Underfunding our schools is also a violation of Alaska’s constitution, which requires “adequate funding so as to accord to schools the ability to provide instruction in the standards.”

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Not so long ago, Alaska’s public schools were adequately funded, and they produced well-educated students and retained excellent teachers. It’s up to all of us to reach out to our elected officials and urge them to make that the case once again.

Colleen Bolling is a lifelong Alaskan and mother of three who cares deeply about Alaska’s schools.

• • •

The Anchorage Daily News welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary(at)adn.com. Send submissions shorter than 200 words to letters@adn.com or click here to submit via any web browser. Read our full guidelines for letters and commentaries here.





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Alaska volunteer dedicates 600 hours a year to food bank after husband’s death

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Alaska volunteer dedicates 600 hours a year to food bank after husband’s death


ANCHORAGE, Alaska — Karen Burnett spends most days in the sorting room at the Food Bank of Alaska, ensuring every donated item finds its place.

The Anchorage woman dedicates her time to sorting, packing and organizing food donations.

Finding purpose after loss

Burnett’s journey at the Food Bank of Alaska began after a personal loss. Following the death of her husband, Burnett said she found herself with time on her hands and a desire to help.

“I had a friend who had talked to me about it, and it just sounded like a good thing to be out doing,” she said.

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Burnett now volunteers between 500 and 600 hours each year.

“I started, but it got to be so fun. I spent more and more time here,” Burnett added.

Understanding community need

Burnett has witnessed the growing need in the community, particularly as more families struggle to make ends meet.

“If you took a look at the pantry and saw those empty shelves, it’s hard sometimes when you know people are coming in and looking for something, for their clients, and there’s absolutely nothing in there,” Burnett said.

Her dedication has made a lasting impact on countless families.

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“I just feel real involvement in a way that is appreciated,” Burnett said. “You know, people need this food. They need people to put it out for them.”

See the full story by Ariane Aramburo and John Perry.



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