09-37 Develop and review options for transferring restricted lands to tribal governments

Published on November 10th, 2009

By ALEX DEMARBAN

Summary

AFN requests review and development of strategies that could allow transfer of federally-restricted properties to tribal governments while retaining protections against alienation and taxation. AFN requests review and development of strategies and regulations for land to be taken into trust for Alaska Native tribes.

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Full Text

RESOLUTION 09-37

DEVELOPMENT AND REVIEW OF OPTIONS FOR TRANSFERRING RESTRICTED LANDS TO FEDERALLY RECOGNIZED TRIBAL GOVERNMENTS

WHEREAS: 231 tribes in Alaska are federally recognized tribal governments under the 1936 amendments of the 1934 Indian Reorganization Act; and

WHEREAS: The establishment of each tribal government included the adoption of an authorizing federal charter by the Secretary of Interior; and

WHEREAS: The federal charter provides for the power to acquire restricted Indian lands; and

WHEREAS: The title to any lands or rights acquired pursuant to the Indian Reorganization Act or subsequent to the Act of July 28, 1955 (69 Stat. 392), as amended (25 U.S.c. 608 et seq.) shall be taken in the name of the United States in trust for the Indian tribe; and

WHEREAS: There are tribal members who desire to gift deed, transfer, or otherwise have the tribal government obtain control of their allotment; and

WHEREAS: Ownership of these allotments should be transferred so that the lands continue to be protected against alienation and taxation; and

WHEREAS: The Alaska Native tribes desire to change 25 CFR subsection 151.1 to have land taken into trust by the Secretary of the Interior in Alaska; and

WHEREAS: Upon authorization of the duly elected tribal government, such lands shall maintain their federally-protected status.

NOW THEREFORE BE IT RESOLVED THAT the delegates to the 2009 Annual Convention of the Alaska Federation of Natives requests the review and development of strategies that could allow transfer of federally-restricted Native allotment properties to tribal governments while retaining protections against alienation and taxation; and

BE IT FURTHER RESOLVED THAT the Alaska Federation of Natives requests the review and development of strategies and regulations to allow land to be taken into trust in Alaska for Alaska Native Tribes.

SUBMITTED BY: ASSOCIATION OF VILLAGE COUNCIL PRESIDENTS

COMMITTEE ACTION: DO PASS

CONVENTION ACTION: AMENDED AND PASSED