STEERING COMMITTEE RECOMMENDED REGIONAL GOVERNANCE OPTIONS

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1 STEERING COMMITTEE RECOMMENDED REGIONAL GOVERNANCE OPTIONS Calista Corporation Y-K Delta Regional Steering Committee Meeting November 24, 2014 Robert Odawi Porter, Esq. M robert.porter@dentons.com

2 PRELIMINARY CONSIDERATIONS 4 topics were to be considered by the Steering Committee Internal Political Environment Economic Environment Social Matters External Political Relations It was determined that Internal Political Environment was a priority topic over the other 3 topics Regional economic conditions and protecting Subsistence Rights cannot improve unless there is stronger regional political coordination and improved political advocacy Social conditions cannot improve unless there is stronger regional political coordination and improved political advocacy External political relations and problems with IRA and ANCSA cannot be addressed unless there is stronger regional political coordination and improved political advocacy

3 WHAT IS THE CURRENT FORM OF GOVERNMENT IN THE Y-K DELTA REGION? Independent sovereign village tribal governments 56 total recognized by U.S. government as sovereign Indian tribes Regional Non-profit organizations and For-profit corporations Association of Village Council Presidents, Y-K Health Corporation, AVCP Regional Housing Authority, Calista Corporation, Village corporations Provides services to people of the Y-K delta region through delegation of power from sovereign village governments Generate profits from operating businesses Summary -- no central regional government; multiple power centers with incomplete, inconsistent, and often competing programmatic missions

4 1999 AFN REPORT RESEARCH Key Findings of a Report of Harvard Project/University of Alaska researchers Commissioned by Alaska Federal of Natives, ACHIEVING ALASKA NATIVE SELF-GOVERNANCE: TOWARD IMPLEMENTATION OF THE ALASKA NATIVES COMMISSION REPORT, May 1999 Advantages of the Current System of Native Self-Governance: Choices over which gov t or org to address service delivery Financial leverage associated with different orgs Diverse partnership opportunities with gov t and orgs Centralized regional non-profit orgs allow for some efficiencies Many bureaucratic jobs created

5 1999 AFN REPORT RESEARCH Disadvantages of Current System of Native Self-governance: Disconnect between responsibility for delivering services and control over service delivery Disconnect between Native community/identity and orgs controlling service delivery Dispersed political authority and Fragmentation of responsibility and power Inadequate financial support at the tribal government level Non-responsive centralized regional non-profit org functions Inadequate jobs at tribal government level Unresolved legal questions regarding rights and powers of orgs

6 1999 AFN REPORT RESEARCH KEY CONCLUSIONS Native Self-governance is an essential ingredient in overcoming poverty and related social problems in rural Alaska. p.2 Alaska s current approach to Native governance, while it offers useful opportunities to Native communities, undermines their ability to deal effectively with their own problems and to develop their resources in ways that improve the socioeconomic conditions or rural Alaska. p.2 There are concrete changes that can be made at all levels village, regional, state, federal that could benefit not only Native communities, but the state as a whole. p.3

7 WHAT ARE THE PRIMARY REGIONAL GOVERNANCE RESPONSIBILITIES? Protect and expand subsistence rights Promote and regulate regional jobs economy Expand ownership and jurisdiction over sovereign tribal lands Protect and regulate natural resources and fisheries Create and expand infrastructure within the region Speak for and represent all of the people of the region Engage in diplomatic relations with other governments Generate revenue and provide services to the people

8 WHAT OPTIONS DID THE STEERING COMMITTEE DEVELOP? Option #1: Grant additional authority to a regional non-profit organization such as AVCP Option #2: Establish a regional borough government under Alaska state law Option #3: Create a regional constitutional government Option #4: Do nothing and disband the Regional Committee

9 OPTION #1: GRANT ADDITIONAL AUTHORITY TO A REGIONAL NONPROFIT ORGANIZATION AVCP, for example, is a non-profit corporation established under Alaska state law AVCP members are sovereign tribal governments, which delegate authority to AVCP to administer monies and provide services While AVCP is comprised of members that are sovereign tribal governments, AVCP itself is not a sovereign tribal government Nonetheless, certain changes the AVCP charter can be made to enhance AVCP s governmental attributes Provide for direct election of AVCP president by the people of the region Expand authority to represent villages on political issues

10 OPTION #1: IMPLEMENTATION PROCESS Convene special meeting or convention of AVCP membership Adopt amendments to AVCP charter to expand delegation of power from tribal governments to AVCP Timeframe? Could happen in near future depending upon willingness of AVCP leadership and board

11 OPTION #2: ESTABLISH A BOROUGH GOVERNMENT UNDER ALASKA LAW Under Alaska state law, municipal governments can be formed: Cities Boroughs Unincorporated and Incorporated boroughs A borough can provide a form of regional governance Power to make regional governance decisions Power to receive state funding Power to raise tax revenues Power to zone and regulate land use But authority is limited Not sovereign Not independent from state Can be controlled by non-native voters

12 OPTION #2: IMPLEMENTATION PROCESS Must develop petition to establish a borough and submit to State government for approval Dependent upon willingness of the State to accept Also dependent upon support from non-natives in the region, who will have a voice in the process Timeframe? Unknown, depending upon effectiveness of petition and regional political support

13 OPTION #3: CREATE REGIONAL CONSTITUTIONAL GOVERNMENT A regional sovereign government can be created by the people of the region Governments formed by the people are usually done so by adoption of a constitution The Steering Committee has developed a proposed constitution for consideration The primary purposes of a constitution Allow for decisions to be made on behalf of all of the people Delegate power to allow certain actions to be taken Exercise the power that is delegated

14 PROPOSED CONSTITUTIONAL GOVERNMENT Establishes a regional Legislature called the Alerquuciurta to make laws -- Two houses A House of the People Representatives appointed by tribal governments A House of Organizations Delegates appointed by the regional and village corporations Establishes an Executive office of President to carry out the laws- Elected at-large by the Native people of the region Establishes Executive office of Clerk to certify official actions of the government, maintain records, and oversee elections Elected at-large by the Native people of the region

15 PROPOSED CONSTITUTIONAL GOVERNMENT Establishes Executive cabinet Ambassador Attorney General Secretary of Commerce and Economic Development Secretary of Subsistence, Lands and Natural Resources Secretary of the Treasury Chief Administrative Officer Establishes Judicial branch to resolve legal and political disputes Supreme Court Council of Elders

16 PROPOSED CONSTITUTIONAL GOVERNMENT Defines a citizenry to include all individuals enrolled as tribal citizens or members of village tribal governments, all individuals who are voting shareholders of the Calista Corporation or any village corporation, and the children of the individuals set forth above and their blood descendants. Establishes Civil Rights protections to regulate exercise of government power against individuals Defines mechanism for adoption, as follows...

17 OPTION #3: IMPLEMENTATION PROCESS Conduct Constitutional Convention in March 2015 Draft final form of proposed constitution Draft rules for region wide vote of the citizens Secure approval from 29 village tribal governments to recommend Vote of the citizens to approve or reject the Constitution to be held in November 2015 Once approval granted, convene Alerquuciurta and begin preparations for regional election of President and Clerk Once President and Clerk elected, seek recognition from the United States government in 2016

18 OPTION #4: DO NOTHING Take no action to establish regional government or strengthen existing non-profit organizations. Terminate activity of the Regional Committee.

19 WHICH OPTION SHOULD THE REGIONAL COMMITTEE PURSUE? Option 1: Should an existing regional non-profit organization be strengthened? Option #2: Should a borough government under Alaska state law be established? Option #3: Should a regional constitutional government be created? Option #4: Should no action be taken to strengthen regional government?

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