Section 5: Footnotes


1Hippler, A.E., & Conn, S. Northern Eskimo Law Ways and Their Relationship to Contemporary Problems of "Bush Justice," Institute of Social, Economic, and Government Research Occasional Papers, No. 10. Fairbanks, Alaska: University of Alaska, 1973.

2Dr. Clare Brant, "Living, loving, hating families in the'80s." Address delivered at the Oshweken, Ontario, Community Hall, January 9, 1982.

3Hipplcr & Conn, op. cit.

4Hippler, A.F., & Conn, S. Traditional Athabascan Law Ways and Their Relationship to Contrary Problems of "Bush Justice" Institute of Social, Economic, and Government Research Occasional Papers, No. 7. Fairbanks, Alaska: University of Alaska, 1972.

5Ross, R. A. Dancing with a Ghost: Exploring Indian Reality. Markham, Ontario, Canada: Octopus Publishing Co., 1992, p. 36.

6Crime Reported in Alaska, 1991, published by the Administrative Services Division of the Alaska Department of Public Safety and available from that agency.

7Source: U.S. Census, 1990.

8Source: Study conducted by Dr. Milburn Nelson, Cook Inlet Tribal Council, Anchorage, Alaska.

9Source: U.S. Census, 1990.

10The State of Adolescent Health and Alaska, Department of Health and Social Services, May 1990.

11Hipplcr & Conn, 1972, op. cit.

12"Alaska Sentencing Commission Data," distributed by the Alaska Judicial Council: Table 4, citing OBSCIS Data 2/22/92.

13Hippler & Conn, 1972, op. cit., p. 15.

14Ibid.,.p. 16.

15Ibid, p. 9.

16Ibid, p. 17.

17Connors, J.F., Carns, T.W., & Di Pietro, S. Resolving Disputes Locally: Alternatives for Rural Alaska, Alaska Judicial Council, Anchorage, Alaska, August 1992: p. 28.

18For further explication and discussion of P.L. 280 and its ramifications, see Case, D.S. Alaska Natives and American Laws. Fairbanks, Alaska: University of Alaska Press, 1984.

191992 Annual Report to the Governor and the Alaska Legislature, Alaska Sentencing Commission, Anchorage, Alaska, p. ii.

20Ibid, p. 3.

21Hippler & Conn, 1973, op. cit., p. 59.

221991 Annual Report to the Governor and the Alaska Legislature, Anchorage, Alaska: Alaska Sentencing Commission, December 1991, p. 40.

23Testimony presented to the Commission, October 1992.

24The Commission recognizes that for offenses which could result in incarceration, the accused has the right to a jury trial and that he or she would need to give up that right in order to choose to participate in a local conflict resolution procedure.

25See, for examples: Carns, T.W., and Kruse, J. Alaska's Plea Bargaining Ban Re-Evaluated. Anchorage, Alaska: Alaska Judicial Council, January 1991.

26The Commission has considered the possible decision on the part of a community not to accept certain individuals back into the community under probation or parole. This should be the prerogative of the community — as decided by the village council — but, at the same time, some effort should be made to convince the community that it is their responsibility to take these individuals back and to participate in the healing process that is needed.

27Notice. Federal Register, Vol. 58, No. 202, Thursday, October 21, 1993, 54364-54369.

28Case, D.S. op. cit., p. 85.

29Hearings before the House Subcommittee on Department of the Interior and Related Agencies of the House Committee on Appropriations, 92nd Congress, lst Session, March 19, 1971; quoted from: ibid, p. 217.

30See, for example, President Johnson's message to Congress dated March 6, 1968: "Special Message to the Congress on the Problems of the American Indian: ‘The Forgotten American’."

3125 USC 450f, with citation to 25 USC 452 and 25 USC 13, 52a.

32P.L. 100-472, Section 806.

33Regional Differences in Indian Health: 1992. U.S. Department of Health and Human Services.

34Analysis of the Distribution of Bureau of Indian Affairs Operation of Indian Programs Funds. Report prepared by the Inter Tribal Council of Arizona, Inc., January 8, 1992.

35The Alaska Natives Commission thanks Mr. Niles Cesar, Juneau Area Director; Mr. William A. Allen, Assistant Area Director, Administration; and Mr. Robert T. Elliott, Chief, Acquisition and Property Management, Juneau Area Office, for providing the information used in this section to the Commission at staff’s request.

36Alaska Area Native Health Service: Area Office Management Review, Final Report. Anchorage: Alaska Native Health Board, May 1993.

37This hypothetical situation is raised for the sake of making a point only. As the Indian Health Service is currently structured, it would not be possible to contract many of the programs out to individual villages because the sums of money and number of personnel are too small; the programs would not be divisible, which is a criterion in P.L. 100-472 for them to be contracted. Nonetheless, there are continuing trends for some of the more readily divisible programs to bc contracted to individual tribes (i.e., villages).

38P.L 93-638, Section 2, "Congressional Findings."

391n August 1993, Secretary Babbitt announced the appointment of 84 individuals to 10 Regional Advisory Councils, pursuant to Title VIII of ANILCA, to "provide a bridge between people who depend on the land and its resources and federal land managers." (Department of Interior News Release, August 19, 1993.) The Councils report to the Federal Subsistence Board Chair, who is appointed by the Secretaries of Interior and Agriculture. The local control that the Alaska Natives Commission recommends in this report is more substantive than simply advisory as, it appears, these councils will be.


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