By Mary Brooks, Archives Intern
Title: Alaska Federal & State Indian Law Collection, 1999-2009
ID: MS/048
Primary Creator: Kapsner, Mary
Extent: 5.0 Boxes
Date Acquired: 08/30/2013
Languages: English
This collection consists of research documents originally accumulated from various sources by Rep. Mary Kapsner of Bethel, former Representative of the 38th and 39th Districts in the Alaska House of Representatives from 1999-2009, that document a host of important legal issues of great importance to Alaska Native communities. Upon leaving public office, Kapsner donated these papers to the Juneau Alaska Law Library. Approximately ten years later, in 2013 the Alaska Law Library offered them to Sealaska Heritage Institute Archives.
Although the collection largely predates Kapsner’s elected terms, does not document Kapsner directly, or contain her personal or written papers, it does contain documents she presumably used and received to stay informed of legal issues that Alaska Natives discussed at the civic, state, and federal level. These documents include: correspondence between state and federal agencies, state and non-governmental agencies, both Native Alaskan and non-Native, as well as copies of lawsuits and legislation, excerpts from the Alaska Constitution, and press clippings.
The overarching issue documented in the papers in this collection concerns the Alaska Native Interest Land Conservation Act (ANILCA), Title VIII: which raises the question of who manages the natural resources that are to be used primarily for food; should it be the federal government, the state government or Alaska Natives? Within this overarching theme are three major issues, which include 1.) Subsistence; 2.) Tribal Status; and 3.) Indian Country. These papers document the ongoing moratorium instituted by the federal government against the State of Alaska due to the State’s purported failure to produce a workable solution for state management of subsistence-related resources. The importance of these documents and the subjects they cover cannot be underestimated as federal, state and Alaska Native agencies and organizations continued–and still continue–the efforts to address the legal issues of ownership and management of Alaska natural resources that were first addressed in the Alaska Native Claims Settlement Act (ANSCA) of 1971.
Repository: Sealaska Heritage Institute Archives
Access Restrictions: Open to the public according to the policies of Sealaska Heritage Institute.
Acquisition Source: Alaska Law Library
Acquisition Method:
The material in the collection was donated to SHI on August 30, 2013 by the Alaska Law Library.
This collection was purportedly accumulated by Mary Kapsner, state Representative for the 38th and 39th district, during her time in the Alaska House of Representatives (1999-2009). Although Kapsner collected the documents, there is no evidence of personal correspondence from or to her within this collection.
When Representative Kapsner left office, this research collection was donated to the Alaska Law Library. Understanding the significance of this collection and the ongoing legal and cultural issues regarding natural resource ownership in Alaska, the Law Library then sent it on to the Sealaska Heritage Institute for archival processing.
Processing Information: Processed by Mary Brooks, Archives Intern, on Oct. 2, 2013
Fd 1: Photocopy of Subsistence Survey Results done for the Alaska Federation of Natives (AFN). The survey was conducted in 1998 by Dittman Research Corporation during` Governor Tony Knowles administration. The file also contains photocopies of various documents and correspondence used as research dating from December 1991 to April 30, 1998.
Fd 2: Photocopies of documents and correspondence dating from 1996 to 1998 regarding Subsistence issues in the 1998 Alaska Legislative Session. Also included are Issue Papers (1 – 7, dated October 1989) prepared by the Rural Alaska Community Action Program, Inc. (RurAL CAP Subsistence and Natural Resources Department).
Fd 3: Photocopies of various documents associated with The Governor’s Task Force on Subsistence held September 13, 1997, in Anchorage, Alaska. Documents include a color map of the proposed federal jurisdiction for subsistence fisheries management, multiple testimonies, assorted correspondence and press clippings/news releases dating from 1995 to 1998.
Fd 4: Photocopies of constituent comments regarding Subsistence dating from 1995 to 1997.
Fd 5: Photocopies of speeches concerning Subsistence presented by various Alaskan leaders in government and Native Alaskan organizations dating from 1989 to 1997.
Fd 6: Photocopies of various legislative resolutions concerning Subsistence dating from 1996 to 1998.
Fd 7: Photocopies of various Alaska Federation of Natives, Inc. (AFN) position statements on Subsistence dating from 1995 to 1997.
Fd 8: Photocopy of ANILCA, Title VIII-Subsistence Management and Use from “LAWS OF 96 CONG. – 2ND SESS.”
Fd 9: Photocopies of correspondence generated by various legislators concerning Subsistence dating from 1995 to 1997.
Fd 10: Photocopied notes concerning Subsistence of Senator Frank Murkowski from a call-in show on Alaska Public Radio Network (APRN) dated 9-9-97.
Fd 11: Photocopied and original correspondence to and from Alaskan Senator Al Adams, relating to Subsistence, dating from April to July 1997.
Fd 12: Photocopies of 1992 Alaska HB552 and SB443 concerning Subsistence; 1986 Alaska HB 288 concerning the taking of fish and game for Subsistence and personal use. Also included is a bound photocopy report entitled, “Report on Implementation of the 1992 Subsistence Law”.
Fd 13: Photocopy of the Alaska Native Claims Settlement Act, Conference Report, 92nd Congress, 1st Session, House of Representatives.
Fd 14: Photocopies of correspondence and memorandum concerning Article XII, sec. 12, Constitution of the State of Alaska: Disclaimer and Agreement (HFR 21); rights and title to property including fishing rights; the creation of Title VIII of ANILCA. The material is dated March and April of 1997.
Fd 15: Photocopies of case summary decisions and cases concerning Subsistence from the Alaska Bar Association (1989); Alaska Native Law Section 1989 Subsistence Update, and Memorandum (1985) concerning class action suit, Bobby v. State (Lime Village case) A84-544 re State non-compliance with Subsistence provisions of Alaska National Interest Lands Conservation Act (ANILCA). Also included is an original correspondence from the Alaska Department of Law re Sale of Subsistence Herring Roe (1995).
Fd 16: Photocopies of three excerpts, stapled, taken from the Final Report of the Alaska Natives Commission, Volume III: group 1) fax transmittal (dated 3/15/95) from AFN, pages 3-11 along with 5 unnumbered pages of community tables with 2 pages of analysis; group 2) fax transmittal (dated 3/12/1997) from RurAL CAP, pages 1, 11-15, 27, 29, 34, 38, 40, 41, 79-81; 2); and, group 3) pages 12-15. Also included in the folder is a post-it note on a sheet of white paper, with handwriting reading, “LEG. LIBRARY HAS ALL 3 VOLS. OF AK NATIVE COMM. REPORT”.
Note: Here is the hyperlink to the three volumes of the Alaska Natives Commission, published May 1994. Volume III, Final Report, is empty. No explanation is given.
http://www.alaskool.org/resources/anc_reports.htm
Note: Here is the hyperlink to the history of the Alaska Native Commission.
http://www.charitableplanning.com/document/1882662
Note: Here is the hyperlink to the Alaska Legislative Library webpage.
http://w3.legis.state.ak.us/laa/library/index.php
* Note: A photocopy of Volume III, “Final Report”, can be found in Box 4, Fd 2, tab 2, Commission Report (cross-reference).
Fd 17: Photocopy, five pages, stapled, of testimony before the Federal Subsistence Board, July 13, 1995, by Robert Bosworth, Deputy Commissioner of the Alaska Department of Fish and Game.
Fd 18: Photocopies of correspondence dated July 10, 1992, from Alaska Attorney General, Charles E. Cole, to Governor Walter J. Hickel regarding legislative analysis of subsistence bill CCS HB601 before the House; memorandum dated July 8, 1992, from Mike Walleri, General Counsel, to Will Mayo, President of Tanana Chiefs Conference, Inc., Legal Dept., regarding Analysis of 1992 Subsistence Legislation; and, three pages, 34-36, from a Division of Subsistence, ADFG, report regarding species of fish, area where found, amount necessary for subsistence use. Also included is a newsletter entitled, Alaska Legislative Digest, dated January 27, 1995, volume 3/95 with the headline reading, “The agonizing issue that divides us: Subsistence!”
Fd 19: Photocopies of various State of Alaska inter-departmental correspondence and memos and federal and state agencies regarding subsistence co-management. The dates run from August 26, 1996 to February 6, 1997. Also included is a newsletter entitled, Village Voice (RurAL CAP), Fall 1994, turned to page 4 to article entitled, “A Discussion Paper on Comanagement”, written by Eric Smith.
Fd 20: Photocopies (2) of State of Alaska Tier II Subsistence Hunting Permit Application, 1995-96 and a copy of notes regarding communications between Tanana Chiefs Conference, Inc. president, Will Mayo, and legal counsel, Mike Walleri, regarding Tier II subsistence issues.
Fd 21: Photocopies, three groups, stapled, of a letter dated July 10, 1997, addressed to U. S. Representative Don Young from Mitch Demientieff, Chairman, litigation & Legislation Committee, Tanana Chiefs Conference, Inc. regarding Subsistence and amendments to Title VII of ANILCA.
Fd 22: Photocopies of memorandum from Carol H. Daniel, Attorney at Law, to Jeanine Kennedy, Executive Director, Rural Alaska Community Action Program, Inc. (RurAL CAP) dated October 9, 1997, regarding Amendment to Title VIII of ANILCA and Governor’s Final Task Force Proposal; and, general invitation letter, with attachments (Indian Country newsletter, date unknown, and a draft position summary for the “Subsistence Roundtable Proclamation”), from Jeanine Kennedy, Executive Director, Rural Alaska Community Action Program, Inc. dated July 1, 1997, regarding a statewide Alaska Native “subsistence summit” slated for August 5 and 6, 1997. Also included are seven RurAL CAP Issue Papers in various colored card stock published October 1989.
Fd 23: Photocopies of two drafts of Senator Al Adams address to the RurAL CAP Subsistence Conference, Subsistence Roundtable on February 15, 1997. Also included is a bound copy of the Subsistence Roundtable, Executive Summary, 1997.
Fd 24: Photocopies of various documents found in two blue portfolio folders concerning the Native Subsistence Summit held on August 26-28, 1997, in Anchorage, Alaska. The documents include reference materials and on-site handouts pertaining the specific issues of Title VIII of ANILCA.
Fd 25: Photocopies of various agency documents used as references as well as documents created as a result of the Native Subsistence Summit of August 26-28, 1997. Included are analyses of business conducted and decisions made, culminating in the creation of the Native Subsistence Summit Resolution 97-01.
Fd 26: One small yellow legal pad with handwritten notes on most of the pages. The author is unknown. The notes appear to be from an Native Subsistence Summit, August 26, 1997 meeting with the Governor Knowles and Lieutenant Governor regarding the subject of “Subsistence 5”. Some names include: Bothelo, Brian Porter, Hammond, Byron, Charlie Edwardson, Will Mayo, Gideon James, Stanton Kalchetak, William Beltz, Eileen Norbert, Norm Cohen, Joel Blatchford, Larry Edwards, Jeff Bender, et cetera. These names are just a few of the many individual representatives contributing to the summit dialogue.
Fd 27: Photocopies of a letter from State Representative Scott Ogan dated July 31, 1997, regarding his concern about amending the State constitution re subsistence priority of use of fish/wildlife for food and a draft of the constitutional amendment in question.
Fd 28: Photocopies of various documents chronicling the History of Subsistence in Alaska. Also found are photocopied documents that provide intent, context or explanation of the concept of subsistence as it pertains to the use of fish or animal as food. These documents come from multiple sources, i.e. legislative members, news agencies, Native Alaskan agencies, et cetera. Some documents are undated whereas others are dated. The earliest date is 1990 and the latest is 1999.
Note: The information found in this folder is important to researchers studying the legal and cultural issues that existed between the First Alaskan Peoples and the State and Federal governments up to the year1999. The information highlights the harvesting of natural resources used primarily for food. The historical chronicling lists specific dates and events that have had a direct impact on the current understanding and implementation of subsistence in Alaska today.
Fd 29: Photocopies of documents collected or produced for the Northwest Arctic subsistence Conference held on July 29-30, 1997in Kotzebue, Alaska. The documents dates range from “undated” to July 29-30, 1997. Subjects discussed included: federal government takeover; effects of Indian Country decision to regulate or co-manage; cease giving rights away; and, the need for public education of Native issues.
Fd 30: Photocopies of documents collected or produced for the North Slope Subsistence Workshop and Summit Resolution held in Barrow, Alaska, August 19, 1997. The focus of the workshop was on subsistence and the Inupiat Peoples.
Fd 31: Photocopies of various drafts from multiple sources regarding the matrix for Alaska Federation of Natives’ (AFN) report entitled, “Subsistence Proposal Comparisons”. The date range is 7/15/1997 to 8/8/1997.
Fd 32: Photocopies of a memorandum from Alaska Senator Al Adams dated March 4, 1997, and an address given by Senator Adams at the Subsistence Roundtable held in Anchorage, Alaska, February 15-17, 1997. Also included are two groups of handwritten notes (Adams?). One stapled group, on mini yellow legal pad, has no dates while the second stapled group on white lined paper has the dates, May 6, 13, and 14 with no year (1997?). The handwritten groups appear to be working notes specific to subsistence summits and subsequent legislation.
Fd 33: Photocopies of documents pertaining to Subsistence Committee Meetings held during 1997. The Native Alaskan organizations involved in the matter of a state constitutional amendment regarding priority subsistence were the Alaska Federation of Natives, Inc. (AFN), the Rural Alaska Community Action Program, Inc. (RurAL CAP) and the Alaska Inter-Tribal Council (AI-TC). Also included are handwritten notes (author/s unknown) taken during the subsistence committee meetings held during this timeframe.
Fd 34: Photocopies of documents pertaining to the Southeast Native Subsistence Summit held in Juneau, Alaska, on July 17-18, 1997. Also included are handwritten notes taken during the summit by an unknown author.
Fd 35: Photocopies and original documents produced for or generated by the Alaska Outdoor Council regarding subsistence issues in Alaska. The documents include newsletters, correspondence, one press release and a briefing paper. The date range is 1995 to 1997.
