Julie McClintock US EPA

1
What is the Connection between Governments and
Alaska Native Entities Rich McAllister Assistant
Regional Counsel Improve and Protect Air
Quality In AlaskaA Workshop for Environmental
Staff in Native Villages U.S. Environmental
Protection Agency, The Institute for Tribal
Environmental Professionals, and The Alaska
Inter-Tribal Council November 6 - 8, 2007
Ken Cronin NTEC
Julie McClintock US EPA
Glenn Gehring GIS Instructor
2
Local Governments and Alaska Native Entities

• 229 federally recognized tribes
• 120 ANVs are municipalities under state law
• 215 ANVs recognized in ANCSA to have Village
  Corporation
• 12 ANCSA Regional Corporations
• 71 ANVs have tribal governments organized under
  the IRA
• 106 ANVs have restricted Townsite lots
• 27 ANVs may own restricted Townsite lots
• 3 Tribes have tribal trust land (Kake, Klawock,
  and Angoon)

3

• Indian country- legal term that includes Indian
  reservations, dependent Indian communities, and
  Indian allotments (trust restricted) lands.
• 18 U.S.C. 1151

4
Indian Country in Alaska

• 1 Indian Reservation (Annette Island Reserve of
  the Metlakatla Indian Community)
• 3 ANVs with tribal trust land (Kake, Klawock, and
  Angoon)
• 16,000 restricted allotments (1.5 million acres
• 3,800 restricted Townsite lots in 106 ANVs

5
State Jurisdiction in Indian country

• "generally speaking, primary jurisdiction
  over land that is Indian country rests with the
  Federal Government and the Indian tribe
  inhabiting it, and not with the States. Alaska
  v. Native Village of Venetie Tribal Government,
  522 U.S. 520 (1998)

6

• In general, lands not falling within the
  classification of Indian country are subject to
  state jurisdiction.

7
EPA approval of State programs

• Unless EPA has explicitly approved a state
  program as applying in Indian country in prior
  EPA approvals, State regulations are not
  effective within the boundaries of that Indian
  country land for purposes of complying with
  federal law.

8
The result in Indian Country?

• State programs approved by EPA are not in effect
  unless explicitly approved.
• EPA has the responsibility for federal
  environmental programs.
• There is often a gap in regulatory oversight and
  tools.
• Tribes in Alaska have a limited ability to
  implement federal laws.
• Tribes have inherent sovereign authority.