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: Photocopies and originals of correspondence, working drafts, memoranda, and reports transmitted between Lieutenant Fran Ulmer and various Native Alaskan agencies and legislators regarding Subsistence issues. The various documents are dated from July 1995 to April 1996.
Fd 2: Photocopies of various documents concerning U. S. Senator Ted Stevens’ efforts to resolve the moratorium on federal takeover of Subsistence management in Alaska. The date range is from April 1997 to December 1997.
Fd 3: Photocopies and originals of various correspondence regarding Subsistence issues conducted between U. S. Senator Frank Murkowski and various Legislative Members and Native Alaskan organizations regarding an amendment to Title VIII of ANILCA. The date range is from May 1995 to September 1997.
Fd 4: Photocopies of documents generated by federal agencies regarding the proposed takeover of Alaskan Subsistence fisheries by the federal government. The dates range from May 1994 to December 1997.
Fd 5: Photocopy of correspondence between Governor Walter Hickel and Secretary of the Interior Bruce Babbitt dated September 9, 1993, regarding federal jurisdiction over subsistence use by rural Alaskans.
Fd 6: Photocopies of various documents concerning the public hearings to be held at multiple locations in Alaska during the month of May 1996. The purpose of the hearings was to present the federal proposal modifying the scope and application of federal subsistence management in Alaska as well as receive feedback from Alaskan citizens. The date range is July 1995 to January 1998.
Fd 7: Photocopies of documents regarding U.S. Senator Ted Stevens introduction of an amendment to H.R. 2107 regarding the moratorium of federal subsistence management in Alaska. The date range is from July 1997 to November 1997.
Fd 8: Correspondence from congressional members regarding Subsistence dated January to February 1995.
Fd 9: Photocopies of various documents regarding the brief presented to President of the Senate, Drue Pearce and Speaker of the House, Gail Phillips by Attorney General Bruce Botelho on February 27, 1995. Included is a copy of the Northwest Arctic Regional Council (NARC) and the Native American Rights Fund petition (NARF Petition).
Fd 10: Photocopies and originals of press clippings regarding subsistence issues collected during the year 1995.
Fd 11: Photocopies and originals of press clippings regarding subsistence issues collected during the year 1996.
Fd 12: Photocopies and originals of press clippings regarding subsistence issues collected during the years 1997 and 1998.
Fd 13: Photocopies of transcriptions taken during two House Resources Standing Committee Meetings held in Ketchikan, Alaska dated September 12, 1997, and Bethel, Alaska dated September 10, 1997. The topic of these meetings was Subsistence.
Fd 14: Photocopies (binder clipped) of various documents collected by Julie Kitka for the Alaska Federation of Natives, Inc. regarding the Chronology of Subsistence Events dating from May 1 to August 15, 1997.
Fd 15: Photocopies of various correspondence and commentaries regarding the Subsistence related House Joint Resolution No. 21. Dates range from March 12 to May 9, 1997.
Fd 16: Photocopies of correspondence regarding passage of Subsistence related Senate Bill No. 19 dated April 8 and 9, 1997.
Fd 17: Photocopies (2 sets) of Subsistence related House Bill No. 255 working draft dated April 18, 1997.
Fd 18: Photocopy of Subsistence related amendment to the Alaska Constitution entitled, “Sponsor Substitute for House Joint Resolution No. 26”, page 1, authored by Representative Masek dated April 3, 1997.
Fd 19: Photocopies of various commentaries, testimonies and correspondence regarding Subsistence related House Joint Resolution No. 33 introduced by Representative Nicholia. The date range is March 1992 to April 25, 1995.
Fd 20: Photocopies of documents regarding Senate Bill No. 171, extending the current Subsistence law regarding the use of fish and game and delaying the repeal of said current law. The date range is July 10, 1992, and April 21 to 29, 1995.
Fd 21: Photocopies of various documents regarding Subsistence related Senate Joint Resolution 19 (amend ANILCA), defining federal land. The date range is March 18, 1995 to May 12, 1995.
Fd 22: Photocopies of various documents regarding House Concurrent Resolution 7 effort to repeal State of Alaska v. Babbitt dated January/February 1995.
Fd 23: Photocopies of documents regarding the extension of Subsistence related House Bill 312 enacted in 1992 that was to be repealed in 1995. The date range is July 1992 to March 1996.
Fd 24: Photocopies and one original documents regarding the Subsistence related House Joint Resolution 48, which extended the scope of concerns from the Kenai Peninsula region to statewide concerns.
Fd 25: Photocopies of documents pertaining to the Tanana Chiefs Conference, Inc. effort to stop the legislative interference in the matter of State of Alaska v Babbitt. Dates range from February 3, 1995 to February 6, 1995.
Fd 26: Photocopies of various documents and one original SOA Law Department document pertaining to Indian Country and Tribal Status/Sovereignty. The date range is December 4, 1995 to April 18, 1996.
Fd 27: Photocopies of various documents, handwritten notes by unknown author and one original set of documents from SOA Department of Law to Senator Al Adams regarding Tribal Status/Indian Country in the matter of Venetie v. State of Alaska and the Joint Judiciary Committee Meeting held February 21, 1996. The date range is May 1994 to February 1996.
Fd 28: Photocopies of various documents, handwritten notes (Senator Al Adams?), and original document from SOA Department of Law to Senator Al Adams dated November 27, 1995, relative to the topic of Tribal Status/Indian country. The date range is March 1986 to April 1996.
