H. Rept. 104-838 - ALASKA NATIVES COMMISSION104th Congress (1995-1996)
Committee Report
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[House Report 104-838]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-838
_______________________________________________________________________
ALASKA NATIVES COMMISSION
_______
September 25, 1996.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______________________________________________________________________
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 3973]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3973) to provide for a study of the recommendations of
the Joint Federal-State Commission on Policies and Programs
Affecting Alaska Natives, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY.
The Congress finds and declares the following:
(1) The Joint Federal-State Commission on Policies and
Programs Affecting Alaska Natives (hereafter in this Act
referred to as the ``Alaska Natives Commission'') was
established by Public Law 101-379 (42 U.S.C. 2991a note)
following the publication in 1989 of the ``Report on the Status
of Alaska Natives: A Call for Action'' by the Alaska Federation
of Natives and after extensive congressional hearings which
focused on the need for the first comprehensive assessment of
the social, cultural, and economic condition of Alaska's 86,000
Natives since the enactment of the Alaska Native Claims
Settlement Act, Public Law 92-203.
(2) The 14 member Alaska Natives Commission held 15 regional
hearings throughout Alaska between July 1992 and October 1993,
and 2 statewide hearings in Anchorage coinciding with the
Conventions of 1992 and 1993 of the Alaska Federation of
Natives. In May 1994, the Alaska Natives Commission issued its
3 volume, 440 page report. As required by Public Law 101-379,
the report was formally conveyed to the Congress, the President
of the United States, and the Governor of Alaska.
(3) The Alaska Natives Commission found that many Alaska
Native individuals, families, and communities were experiencing
a social, cultural, and economic crisis marked by rampant
unemployment, lack of economic opportunity, alcohol abuse,
depression, and morbidity and mortality rates that have been
described by health care professionals as ``staggering''.
(4) The Alaska Natives Commission found that due to the high
rate of unemployment and lack of economic opportunities for
Alaska Natives, government programs for the poor have become
the foundation of many village economies. Displacing
traditional Alaska Native social safety nets, these well-
meaning programs have undermined the healthy interdependence
and self-sufficiency of Native tribes and families and have put
Native tribes and families at risk of becoming permanent
dependencies of Government.
(5) Despite these seemingly insurmountable problems, the
Alaska Natives Commission found that Alaska Natives, building
on the Alaska Native Claims Settlement Act, had begun a unique
process of critical self-examination which, if supported by the
United States Congress through innovative legislation, and
effective public administration at all levels including
traditional Native governance, could provide the basis for an
Alaska Native social, cultural, economic, and spiritual
renewal.
(6) The Alaska Natives Commission recognized that the key to
the future well-being of Alaska Natives lay in--
(A) the systematic resumption of responsibility by
Alaska Natives for the well-being of their members,
(B) the strengthening of their economies,
(C) the strengthening, operation, and control of
their systems of governance, social services,
education, health care, and law enforcement, and
(D) exercising rights they have from their special
relationship with the Federal Government and as
citizens of the United States and Alaska.
(7) The Alaska Natives Commission recognized that the
following 3 basic principles must be respected in addressing
the myriad of problems facing Alaska Natives:
(A) Self-reliance.
(B) Self-determination.
(C) Integrity of Native cultures.
(8) There is a need to address the problems confronting
Alaska Natives. This should be done rapidly, with certainty,
and in conformity with the real economic, social, and cultural
needs of Alaska Natives.
(9) Congress retains and has exercised its constitutional
authority over Native affairs in Alaska subsequent to the
Treaty of Cession and does so now through this Act.
SEC. 2. ALASKA NATIVE IMPLEMENTATION STUDY.
(a) Findings.--The Congress finds and declares that--
(1) the Alaska Natives Commission adopted certain
recommendations raising important policy questions which are
unresolved in Alaska and which require further study and review
before Congress considers legislation to implement solutions to
address these recommendations; and
(2) the Alaska Federation of Natives is the representative
body of statewide Alaska Native interests best suited to
further investigate and report to Congress with proposals to
implement the recommendations of the Alaska Natives Commission.
(b) Grant.--The Secretary of Health and Human Services shall make a
grant to the Alaska Federation of Natives to conduct the study and
submit the report required by this section. Such grant may only be made
if the Alaska Federation of Natives agrees to abide by the requirements
of this section.
(c) Study.--Pursuant to subsection (b), the Alaska Federation of
Natives shall--
(1) examine the recommendations of the Alaska Natives
Commission;
(2) examine initiatives in the United States, Canada, and
elsewhere for successful ways that issues similar to the issues
addressed by the Alaska Natives Commission have been addressed;
(3) conduct hearings within the Alaska Native community on
further ways in which the Commission's recommendations might be
implemented; and
(4) recommend enactment of specific provisions of law and
other actions the Congress should take to implement such
recommendations.
(d) Consideration of Local Control.--In developing its
recommendations pursuant to subsection (c)(4), the Alaska Federation of
Natives shall give specific attention to the ways in which the
recommendations may be achieved at the local level with maximum local
control of the implementation of the recommendations.
(e) Report.--Not later than 12 months after the date on which the
grant is made under subsection (b), the Alaska Federation of Natives
shall submit a report on the study conducted under this section,
together with the recommendations developed pursuant to subsection
(c)(4), to the President and the Congress and to the Governor and
legislature of the State of Alaska. In addition, the Alaska Federation
of Natives shall make the report available to Alaska Native villages
and organizations and to the general public.
(f) Authorization of Appropriations.--There is authorized to be
appropriated $350,000 for the grant under subsection (b).
(g) Additional State Funding.--The Congress encourages the State of
Alaska to provide the additional funding necessary for the completion
of the study under this section.
purpose of the bill
The purpose of H.R. 3973 is to provide for a study of the
recommendations of the Joint Federal-State Commission on
Policies and Programs affecting Alaska Natives.
background and need for legislation
In 1990, President Bush signed Public Law 101-379 which
created a public commission funded jointly by federal and state
appropriations to complete a comprehensive study on the social
and economic conditions of Alaska Natives. The study was to
focus on the effectiveness of programs and policies of the
United States and the State of Alaska which provide services to
Alaska Native communities. This was in response to the 1989
report ``Report on the Status of Alaska Natives: A Call for
Action'' published by the Alaska Federation of Natives and the
University of Alaska's Institute for Social and Economic
Research. A 14-member commission was formed, half of whom were
appointed by the President of the United States and the
remainder of whom were appointed by the Governor of the State
of Alaska.
The primary focus of the study was to provide an in-depth
analysis on the social and economic conditions of Alaska
Natives, with specific recommendations to Congress, the
President, the Alaska Legislature, the Governor of the State of
Alaska and the Native community. The commission completed two
years of research, public hearings and task force discussions
and submitted its report in May 1994.
Volume one of a three volume report provides an overview
and summary of 22 months of hearings, research and
deliberations. Native Self-Reliance, Native Self-Determination,
and the Integrity of Alaska Native Cultures are the central
themes of this first volume. It also provides the historical
causes of Native personal and cultural breakdowns. Also
included in this first volume are statistics on Native social/
cultural, judicial/correctional, economic, education, and
physical/behavioral health problems. Volume one concluded with
34 main policy recommendations (plus an additional 76
recommendations).
Volume two provides a narrative test, data and
recommendations of five separate studies of Native problems
conducted by the Commission's task force: Alaska Native
Physical Health: Social/Cultural Issues and the Alcohol Crisis;
Economic Issues and Rural Development; Alaska Native Education;
and Self-Governance & Self-Determination.
The final volume provides a full narrative text, data and
recommendations of two separate studies of Native public policy
issues conducted by the Commission: Alaska Native Subsistence;
and Alaska Native Tribal Government.
committee action
H.R. 3973 was introduced by Congressman Don Young (R-AK) on
August 2, 1996. The Full Committee on Resources held a mark-up
of the bill on September 18, 1996. Congressman Young offered an
amendment in the nature of a substitute. It was adopted by
voice vote. The bill, as amended, was then ordered favorably
reported to the House of Representatives by voice vote.
section-by-section analysis
Section 1. Congressional findings and declaration of policy
Section 1 provides Congressional findings and declaration
of policy on the social, economic and cultural conditions of
Alaska Natives since the passage of the Alaska Native Claims
Settlement Act of 1971.
Section 2. Alaska Native implementation study
Section 2 authorizes funding for an implementation study of
the recommendations of the Alaska Native Commission report. The
Alaska Federation of Natives would examine the recommendations
of the Alaska Native Commission report; examine initiatives in
the United States, Canada, and elsewhere for successful ways
that address issues similar to the issues addressed by the
Alaska Native Commission report; conduct hearings within the
Alaska Native community on further ways in which the
Commission's recommendations might be implemented and recommend
enactment of specific provisions of law and other actions
Congress should take to implement any recommendations. The
Committee intends that the hearings held on the report should
include input from federal, State and local government
entities, as well as the general public. This way any
differences among the affected parties will be aired and
solutions developed before the report is finalized. The report
is to be submitted to the President, Congress, the Governor of
the State of Alaska and to the Alaska State Legislature 12
months after the grant is made under subsection (b) of this
bill.
committee oversight findings and recommendations
With respect to the requirements of clause 2(l)(3) of rule
XI of the Rules of the House of Representatives, and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee on Resources' oversight findings and
recommendations are reflected in the body of this report.
inflationary impact statement
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee estimates that the
enactment of H.R. 3973 will have no significant inflationary
impact on prices and costs in the operation of the national
economy.
cost of the legislation
Clause 7(a) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 3973. However, clause 7(d) of that Rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.
compliance with house rule xi
1. With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, H.R.
3973 does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
2. With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 3973.
3. With respect to the requirement of clause 2(l)(3)(C) of
rule XI of the Rules of the House of Representatives and
section 403 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
3973 from the Director of the Congressional Budget Office.
congressional budget office cost estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 20, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.R. 3973, a bill to provide for a study of the
recommendations of the Joint Federal-State Commission on
Policies and Programs Affecting Alaska Natives, as ordered
reported by the House Committee on Resources on September 18,
1996. CBO estimates that implementing this bill would cost
$350,000 in fiscal year 1997, assuming appropriation of the
authorized amount. Enacting H.R. 3973 would not affect direct
spending or receipts; therefore, pay-as-you-go procedures would
not apply.
H.R. 3973 would direct the Secretary of Health and Human
Services through the Administration for Native Americans, to
provide a $350,000 grant to the Alaska Federation of Natives
and would authorize the appropriation of that amount. The
purpose of the grant would be to conduct a study and issue a
report on implementing previous recommendations to improve the
situation of Alaska Natives. The bill would require that the
report be submitted no later than 12 months after the grant is
made.
H.R. 3973 contains no private-sector or intergovernmental
mandates as defined in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4) and would impose no costs on state, local,
or tribal governments. The bill does, however, encourage the
state of Alaska to provide any additional funding necessary for
completing the study should it cost more than $350,000.
If you wish further details on this estimate we will be
pleased to provide them. The CBO staff contacts are Lisa Daley
and Dorothy Rosenbaum.
Sincerely,
James L. Blum
(For June E. O'Neill, Director).
COMPLIANCE WITH PUBLIC LAW 104-4
H.R. 3973 contains no unfunded mandates.
CHANGES IN EXISTING LAW
If enacted, H.R. 3973 would make no changes in existing
law.