June 20, 2008
Niles Cesar, Regional Director
Bureau of Indian Affairs, Alaska Region
PO Box 25520
Juneau, AK 99802-5520
RE: Opposition to Bureau of Indian Affairs Unilateral “Order of Precedence” Change
Dear Mr. Niles Cesar,
The Alaska Inter-Tribal Council (AITC) joins the many voices of opposition to the Bureau of Indian Affairs, Alaska Region's (BIA) modification of “Order of Precedence” (Order) released by the Regional Director, Niles Cesar on 16 April 2008.
This unilateral change to the “Order” directly impacts the tribes and completely redefines tribal relationships with the federal government as concerns the ANCSA 14(h)(1) Program.
This change also redefines the role of the tribal individual and the tribal organization in regards to BIA procedures. In the paper disseminated to the Alaska Native tribal organizations, the “Exception” portion reads, in part:
“The ANCSA Section 14(b)(1)...is specifically intended to benefit a broader group: ANCSA Regional Corporations and the shareholder class they represent.”
This is concerning in several aspects. First, the ANCSA corporations do not represent the “broader group” of Alaska Natives. The BIA's mission is to “… enhance the quality of life, to promote economic opportunity, and to carry out the responsibility to protect and improve the trust assets of American Indians, Indian tribes, and Alaska Natives” (http://www.doi.gov/bia/). Native Alaskans represent the broadest group, as expressed through their tribes; for-profit corporations are narrowly and specifically defined, as are the non-profit arms of tribal entities. Tribal organizations are holistically concerned with regional affairs, to include corporate profit, non-profit programs and socio-cultural viability; whereas, by definition, ANCSA corporations are singularly concerned with corporate matters and non-profits focus on activities related to their legal status as non-profit entities.
Secondly, the move to redefine what it means to be an Alaskan Native as an Indigenous Individual who is part of a federally recognized tribe to whom the U.S. government, and their agencies, owe a Trust Responsibility, to an individual who is simply defined as a “shareholder” of an ANCSA corporation demonstrates a gross error in judgment, at best, and a failure in that very Trust Responsibility, at worst.
Thirdly, this change flies in the face of decades of government-to-government relations with tribal organizations. Historically, priority for contracts were given to tribes, followed by village corporations and then to ANCSA corporations (U.S. BIA, 58 Fed. Reg. 54364, 54366 n.2).
Lastly, the BIA's unilateral decision precludes tribal input contrary to Presidential directives as stipulated by Executive Order 13175 (http://www.epa.gov/fedreg/eo/eo13175.htm).
Therefore, AITC requests that the BIA rescinds its unilateral decision to modify the “Order” until such time as each affected tribe is consulted.
Sincerely,
STEVEN OSBORNE, Interim Executive Director
Alaska Inter-Tribal Council
907.563.9334 Phone
907.563.9337 Fax
Steve.Osborne@aitc.org