All of this post are citations from “Understanding Jurisdiction – PL280 Resource Guide by Tortes & Pierce (Thank you Alex & Cindy). (My interpretations in laymen terms will be noted and my opinions at the end)
“Public Law 83-280 is very difficult to understand without knowing the context of when & why it was written. In other words, to understand PL280, one needs to know its “legislative history“. (background of the law)
PL280 has been used and abused for years. It has frustrated and confused many a law enforcement officer and baffled even the most seasoned of judges. IF there is one area of that has been all over the place. It would be in the area of Indian law. If you have ever used the expression. “it’s as clear as mud,” when commenting about Indian Legislation, you are actually in good company.
One U.S. Supreme Court Justice, when reaching a decision about a case involving Indians, put it this way:
“Federal Indian Policy is, to say the least, schizophrenic. And this confusion continues to infuse federal Indian law and our cases.” US Supreme Court Justice, Clarence Thomas – 2004 United States vs. Lara
Tribal Sovereignty dates back to time immemorial. It is an inherent sovereignty and was not given to the Tribes by any government.
There are at least 370 treaties that were made with tribes.
“The discovery of this continent of North America by the Europeans….was held, occupied, and possessed in full sovereignty by various tribes or nations of Indians, who were sovereigns of their respective portions of the territory….who neither acknowledged nor owed any allegiance or obedience to any European sovereign or state whatsoever.” Johnson & Graham’s Lessee v. McIntosh, 21 US 543, 545 (1823)
“If you have ever studied Government & Law, you should know the written history of what they want you to know. Just because you did not read it or studied it, it doesn’t mean it’s not there.” panikpak
The sad portrayal of life in some areas of the western frontier was also referred to by the US Supreme Court in the case of US vs. Kagama 1886. The court in this case recognized the “local ill feeling” of the non-Indians toward the Indians. It was explained that hte federal government had a duty to protect the Indians due to the fact that “the people of hte States” where the Indians live “are often their deadliest enemies”
The Key ;point in this: Federal protection of Indians against non-indian abuse became necessary and therefore a responsibility that fell under Federal Exclusive Jurisdiction.
*There is also a set of Enclave laws, we will save that for another time.
“Congress shall…have power to regulate commerce with foreign nations, and among the several states, and with Indian Tribes.” US Constitution, Article 1, Section 8, Clause 3
Cited from: Understanding Jurisdiction on Tribal Lands in PL280 by: Alex Tortes and Cindy Pierce
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The rest of this is post is from myself, Panikpak and gives me more questions to our leaders in the Arctic.
So, if our rights as “Indians” “a sovereign nation apart from the Federal Government” are protected by the Federal Government, why have they not protected us from their own government? The Department of the Interior is charged with:
Dept. of Interior…….. honors the Nation’s trust responsibilities or special commitments to American Indians, Alaska Natives, and affiliated island communities to help them prosper.
The U.S. Department of the Interior uses sound science to manage and sustain America’s lands, water, wildlife, and energy resources, honors our nation’s responsibilities to tribal nations, and advocates for America’s island communities.
The Federal Government has a “Trust Responsibility”: The federal Indian trust responsibility is a legal obligation under which the United States “has charged itself with moral obligations of the highest responsibility and trust” toward Indian tribes (Seminole Nation v. United States, 1942).
Did you know that there was a Barrow Reindeer herd? The herders at that time had a 99 year lease with the BIA/Department of Interior for reindeer grazing from Point Hope to Demarcation and it just expired not too long ago. Well, if there was already a lease by the Barrow reindeer herders, why did the State of Alaska sell leases in the Prudhoe area at the time there were active leases?
The whole Arctic Slope as recognized by our Inupiat Community of the Arctic Slope (the same boundaries as the North Slope). Why has a state government taken our land from under our feet and taking our resources, the very birth place of our ancestors, ceremonial grounds, subsistence areas, and burial grounds of our forefathers?
IF, we can unite as people, as entities and really work for the betterment of the people we serve, we would and could take care of those financial shortfalls to get running water, proper utility programs to those communities that need it.
I understand there are laws, but laws have changed, they have been amended (except for God’s laws, because they are not ours to change). That is why we elect lawmakers, boards (who make decisions for their people) to make decisions for the betterment of those that elected them, not for themselves.
Why does the State of Alaska still have control over our NPRA Impact Funds? We have a capable North Slope Leadership that can fight to change that. We don’t need a big brother (State of Alaska), our region is over 40 years old, I think it’s time to take control. Let’s work together to make it happen. If this generation doesn’t do it, the next will. Let’s not wait too long.
I remember when exploration was growing and I was already working as a translator. An elder had asked a question at one of their meetings on how much impact and encroachment there would be on their property of their youth, subsistence areas, burial grounds of their families, would there be protection? This has always been on my mind & heart because this elder was crying when she asked this question, and the industry responded that they would not even leave a footprint. You ever fly on a clear day from Prudhoe to Barrow? Tell me you don’t see any pipelines, roads, oil rigs or smoke for miles on end. We have not done enough to protect for our grandparents, and not protecting what was left for us to protect for our grandchildren.
Should we secede? This has been a topic for the past 20 years but no one has moved forward with it. I have heard that there are other regions willing to partner to help secede. Most of the revenue from the oilfields would help what is now “bush Alaska” and not just south of the PYK line, it would not just be 5% of the revenue of what is taken from our land.