Friday, October 21, 2011

Module IX - State, Local, Tribal Governments

No matter where you are, we're glad you're here!


Northwest Arctic Borough, pop.7651 (2011)
A Home Rule Borough
www.nwabor.org









Essential Questions
  • Describe the major reasons given for statehood and explain how those reasons are reflected in the Alaska State  Constitution.
  • Americans sometimes complain about feeling alienated from their elected officials and from the seats of power.  Is such alienation true in Alaska?  Explain, and link the explanation to Alaska's state and local governance structure.
  • Alaska Native Claims Settlement Act 1971 - Discuss two ways that this legislation has impacted Alaska, and two specific ways that it has impacted Alaska Natives.
  • Alaska National Interest Lands Conservation Act 1980 has been supported and derided by Alaskans, both in 1980 when it was passed and today.  Describe three impacts of this landmark legislation.
  • Alaska Permanent Fund - $41+ billion. It is our "rainy day account". So, is it "raining" yet?  How hard is it raining?  Is it time to spend some of the earnings of the AK Permanent Fund to provide for state services?  What arguments would you present to legislators reluctant to confront this issue?
  • Pick one contemporary issue from your region and discuss - explain the issue, identify the major players and their positions.

ENGAGE
U.S. Government Structure (Federalism) and
Govt. to Govt. Relationship with Tribal Govts.
B. Campen 2002 
(Click to enlarge.)
Federalism is the government structure outlined in the U.S. Construction. Simply put, it is the  division of power into branches and levels of government. 

The federal government, having most power, sits at the top of the structure. In turn, it has the power to create states, which in their turn have the power to create local governments. 

It is into this structure that Alaska was placed when it became a state.  In accordance with the U.S. Constitution, the AK State Constitution established three branches of government and recognized existing local governments while also using its powers to incorporate new local governments.


Manley Hot Springs, pop. 89 (2010)
 An Unincorporated Community
www.dced.state.ak.us
Local governments in Alaska are of two types - city and borough.  What is unique about Alaska is that most of its land mass has not been organized into political subdivisions. 

There are currently 18 boroughs, with the area outside any of these considered part of the unorganized borough.  Cities (150+) exist within boroughs or in the unorganized borough.

Some cities have merged their city government with the surrounding borough to become a unified municipality.  

Aniak, pop 539 (2011)
Second Class City
www.dced.state.ak.us
Cities and boroughs are further classified as home rule, first class, or second class. The class designation represents degrees of powers and responsibilities, with first class having most power.

Examples of local powers include the levying of certain kinds of taxes, establishing ordinances, and planning/zoning. Home rule municipalities create their own characteristics via a state approved charter.



Hoonah, pop.757 (2011)
First Class City
visithoonah.com
Finally, there are a few small communities in Alaska that remain unincorporated. The Local Boundary Commission deals with issues of local boundaries, incorporation of municipalities, annexation, dissolution, mergers, and consolidation.  













Title Page, Tribal Govt.
Charter for Point Lay, 1939
University of  Oklahoma Law Cente
What about the tribal governments? 
It is essential to understand that tribal governments existed prior to the establishment of the U.S., and are not part of the federalism structure.  

Treaties between the U.S. government and various tribes, beginning in the 1790's, acknowledged a government to government relationship between sovereign entities.  

While treaties have been broken, challenged, and been the source of on-going discussion and negotiation for over two centuries, what remains is the fact that the tribes are sovereign entities and maintain a direct connection to the federal level of government.


On each chart in this section, the arrows indicate that link to the entire federal level of government. Tribal governments always existed in Alaska in various forms that reflected the cultures.  In 1936, the U.S. government amended the Indian Reorganization Act of 1934 to include tribes in Alaska.  

The IRA was intended to return self-government to the tribes and included the choice to create reservations.  At the time there was only one reservation in Alaska, the Annette Island reserve in SE AK established in the late 1800's (community of Metlakatla).  

In 1993, the Dept. of the Interior issued a list of over 200 federally recognized tribes in Alaska, which nearly doubled the number of tribes in the U.S.   The Annette Island Reserve/Metlakatla remains the only reservation in Alaska. 



Chart #2 - Federal/State/Local/Tribal Governance, Positions
 B. Campen 2002
(Click to enlarge.)

The charts on this page present a visual way of learning about state, local, and tribal governments in Alaska.

They are also accessible from the AK History Course Teacher's Guide - the lesson entitled  
The charts are available in the list of materials, numbered 0-5.

Click on the charts for a larger, clearer image.






EXPLORE

NOTE: District boundaries are being redrawn based on 
2010 U.S. census;new maps will be issued July 2012.
Go to the website for a larger image and detail for urban areas.
www.elections.alaska.gov

State Government
From the AK History course, Governing Alaska, read:


Also look at these homepages:

For the version in the Alaska Constitution, you may check out Articles II,III, IV, and X.

As you read about the three branches of state government, also review Charts #3 and #4.  Take note of the size of Alaska's legislature and of Alaska's unified court system.  Review the map of legislative districts to find your Senate and House districts.  


Chart #3  Federal/State/Local/Tribal Govt. Structure
Terms, Numbers, Attainment  B. Campen 2002



Chart #4 Federal/State/Local/Tribal Government Structure
Current Position Holders  B. Campen 2002/2012


EXPLORE SOME MORE.... 

Local Government
From Governing Alaska, read 

Note that since the article was written, two boroughs have been added.  Also note the last sentence about how schools are funded in the unorganized borough (for second class cities).  These large districts are called REAAs (Rural Education Attendance Areas) - examples include Yukon-Koyukuk School District, Yukon Flats, S.D., Lower Kuskokwim S.D.

Take a look -  The state department that deals with state charted local governments (cities and boroughs) is the Dept. of Commerce, Community, and Economic Development.  The division to focus on is the Division of Community and Regional Affairs. This division is a rich source of information about all the communities in Alaska and about how local city and borough governments work. 

In a previous module the Community Database was introduced.  Look up your community and discover what type of government you have.  Review material from the Local Government Online page.  The section on Municipal Government, especially overview and structure offer the best summaries.
AK Dept.of Commerce, Community, and Eco. Dev.
(Click to enlarge.)
EXPLORE SOME MORE....

Tribal Governments
From Governing Alaska read Tribal Governments.  Start with this piece.  Focus on the interpretation of Indian Country as applied to Alaska.  Notice the two types of tribal governments - IRA and traditional.  Any of the links on this site offer more information and represent a range of perspectives.  

Highly recommended are the links to the  

The essay, Federal Indian Law For Alaska Tribes, from a course at UAF Interior-Aleutians Campus taught by Lisa Jaeger,  presents helpful information about state-tribe relations, especially since the 1993 Dept. of Interior decision about tribal recognition.  

One special note about tribal governments.  There is often confusion in small communities that have, in essence, two types of local governments - a state-chartered city government and a federally recognized tribal government.  

There may be a state appointed magistrate as well as a tribal court. The city government represents all residents, and the tribal government represents its tribal citizens.  

As the article above explains, the relations between the city/state govts. and the tribes have varied depending on who has been governor. There are a few Alaska communities, such as Tununak, which have opted to dissolve the city government in favor of tribal governance. The powers of tribal governments in Alaska continue to be tested when issues arise that affect tribal citizens. Resolution of all issues and determination of powers take place in the federal courts.



EXAMINE

1. Identify the Alaska Senate and House Districts in which you live (Use current, not pending, letter and number.) Identify the name  and political party of your state senator and representative.  Identify the type of local government you have (city? borough? what class?)  Identify the tribal government, if any, in your area, and if possible find out if it is an IRA or traditional council.  NOTE: The answer to this question is a Need to Know. Regardless of whether or not you respond to this question in Blog It!, please make a commitment to learning this in your role as a citizen of Alaska. 

2. The state has a Model Borough Boundary Study to eventually divide the unorganized borough into several distinct boroughs so that everyone in AK will be in a borough. ( Map available for download - go to publications list at Borough Incorporation.) Review the powers of boroughs. What is your opinion about this? Can rural Alaska support another layer of local government?  What are potential tax bases for these boroughs? If you had to create one borough from the unorganized borough, where would it be? Explain your choice of boundaries.

  • Musings...

    Whew! 
    So much to learn...so little time.  It may be hard to believe that the information here is just the tip of the iceberg.  Wherever you are, and whatever your level of experience with these topics, give yourself a pat on the back.  These are huge topics.  


    Logo for SE Island School District,
    an REAA  www.sisd.org
    It is hoped that the charts, maps, and resources offered here provide you with knowledge to become an informed citizen of Alaska.  

    Bookmark the State of Alaska homepage on your computer.  Make it your go-to source when you want to track a bill moving through the legislature, need data on a community, want a map of local boundaries, want to contact your legislators,  need to locate your nearest Legislative Information Office.  It's all there at your fingertips.  



    Matanuska-Susitna Borough, pop. 91,697
    A Second Class Borough
    www.commerce.state.ak.us
    Alaskans may be separated geographically, but with the communications technology available, the big state/small town character of the state is enhanced. Everyone can become a player in local and state issues.

    What's Next?