The question of sovereignty for Native Alaskans is a complex one, interwoven with historical treaties, federal legislation, and the unique structure of Native governance in the state. To understand the issue, it’s crucial to define what sovereignty means and how it applies to the 229 federally recognized tribes within Alaska.
Defining Sovereignty: Self-Governance and Inherent Rights
At its core, sovereignty signifies the inherent right of a nation or group of people to govern themselves. This includes the power to establish laws, regulate activities within their territory, and determine their own future. For Native American tribes, including those in Alaska, sovereignty is not a grant from the United States government but rather a pre-existing right that stems from their historical presence and self-governance on their ancestral lands.
This sovereignty, however, is not absolute. Federally recognized tribes operate within a framework of "domestic dependent nations," meaning their sovereignty is subject to the ultimate authority of the United States. This relationship is often described as "nation-to-nation," recognizing the inherent rights of the tribes while acknowledging the federal government’s role in certain matters.
Are any of the natives in Alaska recognized as a sovereign nation? Yes, all 229 federally recognized tribes in Alaska possess sovereign powers, though the expression of that sovereignty differs from tribes in the lower 48 states.
Sovereignty in Practice: Powers and Limitations
What does this sovereignty mean in practical terms? Native Nations can enact their own laws to govern their citizens (tribal members) and regulate activities on their national lands, much like any other nation. This extends to areas such as:
- Law Enforcement: Tribal police and courts generally have jurisdiction over crimes committed on tribal lands. They can create their own laws and determine punishments for violations. However, serious crimes, such as murder or kidnapping, often fall under the jurisdiction of the Federal Bureau of Investigation (FBI).
- Taxation: Tribal Sovereign Nations are generally exempt from collecting US federal or state use taxes on items sold on their lands. This can result in lower prices on goods like gasoline or cigarettes. However, tribal members typically pay federal and state income taxes, as they often hold dual citizenship in both their tribe and the United States. Tribes can also impose their own taxes, such as higher fees for non-resident hunting or fishing licenses or taxes on gasoline to fund road repairs on tribal lands.
- Gaming: Sovereignty allows tribes to potentially operate casinos, even in states where gaming is outlawed for the general population. This ability stems from the principle that tribal lands are governed by tribal law, not necessarily state law. The success of tribal casinos hinges on their location, with those near urban areas or tourist destinations generally faring better.
However, there are limitations to tribal sovereignty. Actions taken by tribal governments can be subject to legal challenges and federal oversight. The Bureau of Indian Affairs (BIA) plays a significant role in the administration of tribal affairs, particularly in areas such as land management and resource development.
The Alaskan Context: ANCSA and Regional Corporations
Are any of the natives in Alaska recognized as a sovereign nation? In Alaska, the implementation of tribal sovereignty is unique due to the Alaska Native Claims Settlement Act of 1971 (ANCSA). Unlike the lower 48 states, Alaska does not have reservations established by the US government. Instead, ANCSA provided a large cash settlement and land to Alaska Natives in exchange for extinguishing aboriginal land claims.
However, this compensation was not awarded directly to tribes or individuals. Instead, ANCSA established 13 Alaska Native Regional Corporations, as well as numerous village corporations. These corporations are for-profit entities owned by Alaska Native shareholders. The regional corporations manage the business affairs of the villages within their respective geographic areas. Twelve of these regions are located within Alaska, while the thirteenth, Sea-Alaska Corporation, is based in Seattle, Washington.
All federally recognized Alaska Natives are shareholders in a regional corporation, though not all belong to a village corporation. The regional corporations make many decisions for their member tribes, though they are not tribal governments themselves. The money received under ANCSA was invested to form these corporations, which own and administer various businesses for the benefit of their tribal members.
This corporate structure differs significantly from the tribal council system prevalent in the lower 48 states. In the lower 48, tribes typically have a large, contiguous block of land called a reservation, which is collectively owned by its members and governed by an elected tribal council.
Villages and Federal Recognition
In Alaska, tribes are often referred to as "villages," as each village typically constitutes a separate tribe. Many of these villages are small, with populations of fewer than 500 people, and some have fewer than 50. While several villages may form a single tribal nation, such as the Tlingit, it is more common for one tribe to consist of one village.
Are any of the natives in Alaska recognized as a sovereign nation? While many Alaskan tribes are federally recognized under ANCSA, some are not. Just as in the lower 48 states, where over 200 tribes lack federal recognition, Alaska has numerous tribes that have not been officially recognized by the US Federal Government.
The Case of the Kitoi Tribe
The initial question references Faith Braswell and the Kitoi tribe. The Kitoi village is located within the Koniag region, but it is not a federally recognized village. Despite the majority of Kitoi people being of Aluet (Alutiiq) descent, they are not part of the regional corporation and do not hold shares in the corporation’s investments. The Bureau of Indian Affairs (BIA) also lacks any record of an application from the Kitoi tribe seeking federal recognition.
The referenced article discusses a land exchange involving Ms. Braswell and the establishment of a casino on Long Island, New York. This land exchange, which occurred without BIA involvement, was challenged in court, and the casino was ultimately shut down. This case highlights the complexities of tribal sovereignty and the legal requirements for establishing tribal enterprises, particularly those involving land transfers.
The Broader Context: Relocation and Casino Gaming
The history of Native Americans in the United States is marked by forced relocation, cultural assimilation, and economic hardship. The Urban Indian Relocation Program, initiated in 1952, sought to encourage Native Americans to move from reservations to urban areas in search of employment. While the program provided some opportunities, it also resulted in cultural displacement and challenges for many Native Americans.
The rise of casino gaming has had a significant impact on many tribes, providing a source of revenue for economic development, social programs, and cultural preservation. However, not all tribal casinos are successful, and the federal government often uses the casino issue as an obstacle in the tribal recognition process. Some tribes have even relinquished their right to operate casinos in the hope of expediting their application for federal recognition.
Conclusion
The question of whether any of the natives in Alaska are recognized as a sovereign nation is unequivocally yes. However, the expression of that sovereignty is shaped by ANCSA, the unique corporate structure of Native governance in Alaska, and the ongoing relationship between tribes and the federal government. While Alaskan tribes possess the inherent right to self-governance, they operate within a complex legal and political landscape that presents both opportunities and challenges. Understanding the nuances of tribal sovereignty in Alaska requires a deep appreciation of its history, its legal framework, and the diverse experiences of the Native peoples who call Alaska home.