House subcommittee takes up Pueblo and Alaska Native bills


A sign at the village of Saxman, Alaska. Photo by Slyclone via TripAdvisor

The House Subcommittee on Indian, Insular, and Alaska Native Affairs took testimony on two bills at a sparsely-attended hearing on Wednesday.

Rep. Don Young (R-Alaska), the chairman of the subcommittee, was joined by just one or two Republican lawmakers throughout the short proceeding. No Democrats showed up as most were elsewhere on Capitol Hill for a closed-door briefing on the Iran nuclear deal.

"These bills are important," Young asserted.

The lack of a Democratic presence placed more emphasis on the bill Young brought to the panel. H.R.2388, the Subsistence Access Management Act, puts Congress in control of determining which areas of Alaska are considered "rural" or "non-rural" for subsistence purposes.

The designation is critical for Alaska Native villages whose residents depend on hunting, fishing and gathering to feed their families and provide for their economies. Only "rural" communities receive federal subsistence protections and priorities under the Alaska National Interest Land Conservation Act.


Indianz.Com SoundCloud: House Subcommittee on Indian, Insular, and Alaska Native Affairs Legislative Hearing on H.R. 1880, H.R. 2388

In 2006, the village of Saxman lost its rural designation even though fewer than 500 people live there. The reason -- according to the Federal Subsistence Board -- was its proximity to Ketchikan, a city with about 8,200 people.

“When the vote came down, it ended up being just the saddest moment in my life -- only to be eclipsed by the loss of my parents," Lee Wallace, the president of the Saxman Native Village, a federally-recognized tribe, told the committee.

Under Young's bill, the Interior Department and the Agriculture Department will no longer be allowed to change a community's rural status, instead reserving that power solely for Congress. The measure also rescinds, permanently, the federal regulation that affected Saxman.

"You were there before Ketchikan was ever created, by the way," Young told Wallace. "People forget that. They grew around you."


A view of Saxman Totem Park in Saxman, Alaska. Photo by Thomson200 / Wikipedia

The Obama administration opposes the bill, Director Mike Black of the Bureau of Indian Affairs testified. He said it would interfere with pending reforms to the regulations that determine which communities are considered rural.

Black, however, was unable to provide specific details about the process. The BIA maintains a seat on the Federal Subsistence Board but that official who wasn't present at the hearing.

Black also acknowledged that the reforms, which have been in the works since 2012, won't reverse Saxman's non-rural designation. But the federal regulation that affected the village has been on hold since 2010.

The other item on the agenda yesterday was H.R.1880, the Albuquerque Indian School Land Transfer Act. The bill places about 11 acres in trust for the 19 Pueblos of New Mexico.

The land is a part of the former Albuquerque Indian School and is located next to the Indian Pueblo Cultural Center. The tribes plan to use the site to expand economic development opportunities but it can't be used for gaming due to a prohibition in the bill.


The 19 Pueblos of New Mexico opened the Holiday Inn Express & Suites Albuquerque Historic Old Town on a portion of the former Indian school property in Albuquerque, New Mexico. Photo from IHG

"The vision of our organizations located on this property include creating unique and successful businesses, providing professional and economic advancement opportunities for our workforce and community members, nurturing self-sustainable developments while providing financial returns to our Pueblo communities and of course promoting Pueblo art, culture and lifestyle," Mike Canfield, the president and CEO of the IPCC, said.

The Obama administration supports the bill, Black told lawmakers. It is similar to measures that have been enacted by Congress in the past, according to the hearing memo.

Young suggested an amendment that would effectively bar challenges to the land-into-trust acquisition. Although the bill mandates the transfer, he said anyone could intervene because the BIA would still be required to prepare an environmental review, a federal process that is open to the public.

The issue has arisen in the wake of the U.S. Supreme Court decision in Salazar v. Patchak. The justices said anyone has standing to dispute a land-into-trust acquisition, even after it has already been finalized by the BIA.

"There's enough mischievous flies around here out of law school that could possibly delay the process and I don't want that to happen. I want this done," Young said. "One person might not like the transfer and they could have a lawsuit."

The hearing lasted about 36 minutes. Audio can be found on the Indianz.Com SoundCloud.

Committee Notice:
Legislative Hearing on H.R. 1880, H.R. 2388 (July 22, 2015)

Federal Register Notices:
Subsistence Management Regulations for Public Lands in Alaska, Subpart C; Nonrural Determinations (May 7, 2007)
Subsistence Management Regulations for Public Lands in Alaska; Rural Determination Process (January 28, 2015)

Related Stories
Witness list for House subcommittee hearing on tribal bills (7/22)
House panel sets hearing on Pueblo and Alaska Native bills (7/20)
Senate Indian Affairs Committee passes Pueblo land measure (5/13)

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