Alaska Inter-Tribal Council : Advocating for Alaska Tribal Governments

TITLE: Opposition to the Exclusion of Alaska's Tribes from H.R. 3824, the Threatened and Endangered Species Recovery Act of 2005 (TESRA).

WHEREAS, the Alaska Inter-Tribal Council is a statewide consortium of federally recognized tribes in Alaska, which share a common bond with unique cultures, languages, spirituality, and traditional values; established in 1992 and is changed to advocate for the inherent rights of tribes in Alaska; and

WHEREAS, on September 19, 2005, United States House of Representatives House Resources Committee Chairman Pombo introduced H.R. 3824, the Threatened and Endangered Species Recovery Act of 2005 (TESRA); and

WHEREAS, the House Resources Committee approved TESRA on September 22, 2005 and the House of Representives passed TESRA on September 29, 2005; and

WHEREAS, the TESRA sustainability amends the Endangered Species Act (ESA); and

WHEREAS, section 9 of the TESRA, entitled Recovery Plans and Lands Acquisitions, requires that tribes be consulted regarding recovery plans, and provides that tribes may assist in the preparation and/or implementation of management plans; and

WHEREAS, section 9, subsection (h)(2)(B) of the TESRA contains a definition of "Indian Tribe" that includes "with respect to Alaska, the Metlakatla Indian Community" only; and

WHEREAS, section 10 of the TESRA, entitled Cooperation with States and Indian Tribes, provides that tribes may enter into cooperative agreement with the Fish and Wildlife Service (FWS) for the conservation of species "in substantially the sam manner' as states; and

WHEREAS, section 10, subsection (c)(5)(B)(ii) of the TESRA also contains a definition of "Indian Tribe" that, with respect to Alaska, includes only the Metlakatla Indian Community" only; and

WHEREAS, there are 229 federally recognized tribes in Alaska, each with the same status, rights and authorities under the law as all other Tribes in the United States and they are not in any way distinct or different as a matter of law from any other Tribe; and

WHEREAS, it is wholly improper and unnecessary to specially exclude only Alaska's tribes from the application of the TESRA; and such wholesale exclusion of half the tribes in the United States, and the act of singling out Alaska's tribes sets a dangerous precedent for other legislations; and

NOW, THEREFORE, BE IT RESOLVED, that AITC does hereby oppose the definition of "Indian Tribe" in section 9 and 10 of TESRA; and

BE IT FURTHER RESOLVED, that AITC will actively educate decision-makers against these two provisions and in favor of a definition of "Indian Tribe" that includes all Tribes in the United States, including all of the federally recognized tribes in Alaska; and

BE IT FURTHER RESOLVED, that the AITC does hereby oppose the singling out and exclusion of Alaska's tribes from the definition of "Indian Tribe" in any bill that generally applies to tribes as there is no legal basis on which to exclude them; and

BE IT FURTHER RESOLVED, that this resolution shall be the policy of AI-TC until it is withdrawn or modified by subsequent resolution.

CERTIFICATION

The foregoing resolution was adopted at the 2005 Annual Convention at the AI-TC held at the Coast International Inn, in Anchorage, Alaska on December 7, 2005 with a quorum present.

Submitted by: Native Village of Kotzebue, Ian Erlich