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:

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.  

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. 

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.

Communities around the world are feeling the impacts of climate change. The coming summer heat is a stark reminder that our planet is in peril, urging us to invest in mitigation to curb climate change’s relentless advance and adaptation to safeguard our communities against its inevitable impacts.

My recent conversations with communities across the globe from the Pan-African Peacemakers Alliance (PAPA) to the University of Alaska Fairbanks Climate Scholars program have underscored the haunting reality: climate change is already here and threatening peoples’ very ways of life. The US must do more at home and abroad to tackle it and help people adapt to impacts in ways that protect them and their identities.

South Sudan

Recent years have brought South Sudan both droughts and floods leading to hunger crises, displacement, and conflict. Climate change has increased tensions between smallholder farmers relying on rain-fed production and nomadic pastoralists because droughts make it harder for both groups to find enough land and water. In rural communities, flooding has caused the loss of homes, cattle, crops, and longstanding customs. Communities that have relied on farming to feed themselves are now under extraordinary strain, forcing many to move to cities that do not have the support capacity to receive them. Additionally, the impacts of floods and associated violence have hit the most vulnerable the hardest, especially women and children.

PAPA and its founder/director, Yoal Gatkuoth, do important work with communities in South Sudan to reduce tensions between different groups. The underlying problem? Climate change is worsening, and the country does not have the resources to adapt to it. They are not alone. While developing countries have done the least to cause climate change, they are experiencing its worst effects and often lack the financial resources to adapt.

Fairbanks, Alaska

Climate change is not just an international challenge. As the students from the University of Alaska, Fairbanks pointed out, Alaskan communities are facing flooding, coastal erosion, severe winter storms, and wildfires. The thawing of permafrost soil can damage pipelines, buildings, roads, and water supplies. Experts estimate the cost of maintaining public infrastructure may increase by 10-20% over the next 20 years.

As the hot summer months begin in earnest, it’s time to recognize the role the US must play in advancing effective climate solutions around the world.

Like in South Sudan, climate change is affecting the availability of food in Alaska and is decimating traditional cultures. The increasing acidity of the ocean is affecting the fishing industry, which is the state’s third largest economic driver and a vital food source for many in the state. Alaska Natives are particularly vulnerable, since loss of sea ice limits hunting grounds and reduces habitat for traditional food sources, impacting groups such as the Yup’ik, Iñupiat, and Inuit. For many of these Indigenous communities, the impacts of climate change aren’t simply about the reduction of economic wellbeing — it is about a loss of their culture and their very ways of life.

Climate Change Knows No Borders 

Leadership in international climate assistance is essential for addressing the urgent challenges posed by climate change. Helping developing countries reduce greenhouse gas emissions, protect critical ecosystems, and transition to renewable energy helps us reach global goals to mitigate climate change. Initiatives like USAID’s Adaptation Fund helps communities in developing countries build resilience and respond to the challenges posed by the climate crisis. It is also financially responsible, as every dollar spent on resilience saves $3 that would have been spent on humanitarian assistance. By proactively engaging in climate assistance efforts, the US can mitigate these risks and promote global stability.

Domestically, the US took decisive climate action through the Inflation Reduction Act, the largest investment to address climate change, support sustainable agriculture practices, and conserve natural resources. The federal government needs to do more to help communities already experiencing climate impacts, increase resiliency across the country, and create a more efficient disaster planning response. This would be a smart financial investment as, according to FEMA (Federal Emergency Management Agency), each dollar invested in resilience saves $6 when there is a disaster, not to mention the human cost and the financial costs for individuals.

As the hot summer months begin in earnest, it’s time to recognize the role the US must play in advancing effective climate solutions around the world. From Fairbanks to South Sudan and every community in between, more can be done to effectively steward this amazing world upon which we live. Investing in proactive measures and resilience-building strategies will secure a sustainable future for generations, ensuring global environmental justice that respects every community and culture on our planet.

ANCHORAGE, Alaska (KTUU) – Anchorage-born skater Mac Swanson was drafted by the Pittsburgh Penguins in the 7th round, 207th overall, in the 2024 NHL Draft, Saturday, after a dominant season in junior hockey where he was named USHL’s Player of the Year.

The 18-year old will play at the University of North Dakota this fall after reporting to Penguins’ development camp next week.

Swanson was named by USA Hockey as the best player in Junior Hockey after a season in which he led the Fargo Force to the Clark Cup Championship, where he was named playoff MVP.

During the season, he led all USHL skaters with 51 assists and third in total points with 77 in 55 games played which led to an avalanche of accolades that included USHL Player of the Year, Forward of the Year and a first team All-USHL selection.

His father, Brian Swanson, was selected in the 1994 NHL Draft by the San Jose Sharks and played for the ECHL’s Alaska Aces.

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