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SENATE BILL NO. 108
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-SECOND LEGISLATURE - FIRST SESSION
BY SENATOR OLSON
Introduced: 3/19/21
Referred: State Affairs, Community & Regional Affairs
A BILL
FOR AN ACT ENTITLED
1 "An Act providing for state recognition of federally recognized tribes; and providing for
2 an effective date."
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
4 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section
5 to read:
6 LEGISLATIVE FINDINGS AND INTENT. (a) The history of tribes in the state
7 predates the United States and predates territorial claims to land in the state by both the
8 United States and Imperial Russia. Indigenous people have inhabited land in the state for
9 multiple millennia, since time immemorial or before mankind marked the passage of time.
10 (b) It is the intent of the legislature to exercise the legislature's constitutional policy-
11 making authority and acknowledge through formal recognition the federally recognized tribes
12 in the state.
13 * Sec. 2. AS 23.20.520(13) is amended to read:
14 (13) "federally recognized tribe"
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1 (A) means a tribe that is recognized by the United States
2 Secretary of the Interior to exist as an Indian tribe under 25 U.S.C. 5131 [25
3 U.S.C. 479A] (Federally Recognized Indian Tribe List Act of 1994);
4 (B) includes any subdivision, subsidiary, or business enterprise
5 wholly owned by a federally recognized tribe;
6 * Sec. 3. AS 44.03.030 is amended to read:
7 Sec. 44.03.030. Construction of AS 44.03.010 - 44.03.040 [CHAPTER].
8 AS 44.03.010 - 44.03.040 do [THIS CHAPTER DOES] not limit or restrict
9 (1) the jurisdiction of the state over a person or subject inside or
10 outside the state that is exercisable by reason of citizenship, residence, or another
11 reason recognized by law;
12 (2) jurisdiction over or ownership of other water or land under other
13 water inside or forming part of the boundaries of the state;
14 (3) legislative jurisdiction of the United States over an area to which
15 legislative jurisdiction is ceded by the state and that [WHICH] remains in the
16 ownership of the United States.
17 * Sec. 4. AS 44.03.040 is amended to read:
18 Sec. 44.03.040. Reconciliation with other statutes. AS 44.03.010 - 44.03.040
19 do [THIS CHAPTER DOES] not alter the geographic area to which a statute of the
20 state applies if the statute specifies the area precisely in miles or by another numerical
21 designation of distance or position. Nothing in the statute or in AS 44.03.010 -
22 44.03.040 [THIS CHAPTER] is a waiver or relinquishment of jurisdiction over or
23 ownership by the state of an area to which jurisdiction or ownership extends under
24 another provision or rule of law.
25 * Sec. 5. AS 44.03 is amended by adding a new section to read:
26 Article 2. Intergovernmental Relations with Tribes.
27 Sec. 44.03.100. Recognition of tribes. The state recognizes the special and
28 unique relationship that the United States government has with federally recognized
29 tribes and specifically recognizes the relationship between the United States
30 government and federally recognized tribes in the state. The state recognizes all tribes
31 in the state that are federally recognized under 25 U.S.C. 5130 and 5131. Nothing in
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1 this section diminishes the United States government's trust responsibility or other
2 obligations to federally recognized tribes in the state or creates a concurrent trust
3 relationship between the state and federally recognized tribes. In this section,
4 "federally recognized tribe" has the meaning given in AS 23.20.520.
5 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).
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Statutes affected:
SB0108A, AM SB 108, introduced 03/19/2021: 23.20.520, 44.03.030, 44.03.010, 44.03.040