Alaska Federal & State Indian Law Collection, 1999-2009 | Sealaska Heritage Institute Archives

By Mary Brooks, Archives Intern

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Collection Overview

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

Scope and Contents of the Materials

This collection consists of research documents originally accumulated from various sources by Rep. Mary Kapsner of Bethel, former Representative of the 38^th and 39^th 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.

Administrative Information

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 38^th and 39^th 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

Box and Folder Listing

Browse by Box:

[Box 1: Various resource documents concerning the ongoing issues of Subsistence and Title VIII of ANILCA collected from various sources prior to 1999. The documents are dated from 1989 to 1999 and include correspondence, reports, legislation, memoranda, and handwritten notes created by participants attending Native Alaskan various subsistence summit conferences.],
[Box 2: Various documents related to Subsistence issues as they pertain to ANILCA Title VIII, the State of Alaska v Babbitt, and Tribal Status / Sovereignty / Indian Country issues generated by Venetie v. State of Alaska. The date range is from 1986 to 1998.],
[Box 3: Various copies and originals of documents pertaining to Subsistence issues, Tribal Status and Indian Country. The cases that have the greatest bearing are Venetie v. State of Alaska and Aleyeska Pipeline Service Company v. Kluti Kaah Native Village of Copper Center. The date range is 1982 to 2007.],
[Box 4: Subsistence related documents that pertain to ANILCA Title VIII and the efforts by Alaskan legislators to remove the federal government from the harvesting of natural resources for use as food. Correspondence included is generated by Alaska Native organizations charged with the well-being of their shareholders and/or members. The date range is from 1995 to 2001 and includes copies of legal documents of lawsuits generated by the State along with requests for an audit of monies being used to fund the lawsuit filed by the Legislative Council against Babbitt (1998).],
[Box 5: Photocopies and original documents pertaining to Subsistence compromise proposals involving Governor Knowles, legislators, tribal organizations and non-Native organizations concerned with which governmental entity will oversee the harvesting of natural resources used primarily for food. The date range is 1997 to 1998.],
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Box 4: Subsistence related documents that pertain to ANILCA Title VIII and the efforts by Alaskan legislators to remove the federal government from the harvesting of natural resources for use as food. Correspondence included is generated by Alaska Native organizations charged with the well-being of their shareholders and/or members. The date range is from 1995 to 2001 and includes copies of legal documents of lawsuits generated by the State along with requests for an audit of monies being used to fund the lawsuit filed by the Legislative Council against Babbitt (1998).

Fd 1: Photocopies of documents pertaining to the lawsuit State of Alaska v. Babbitt. Included are copies of legal actions, press clippings and correspondence. The date range is 1995.

Fd 2: Photocopies, spiral bound, of the “Subsistence Roundtable” held February 15-17, 1997 in Anchorage, Alaska. The roundtable was coordinated by RurAL CAP. The Table of Contents includes: Alaska Natives Commission subsistence findings, Vol III (cross referenced to Box 1, Fd 16); “Katie John Decision”; Subsistence Policy Options; Native Community Position on Subsistence; Federal Law References; Constitutional Amendment; Alaska Legislature’s View; Anchorage Chamber of Commerce; Subsistence Management; and the [roundtable] Participant List.

Fd 3: Photocopies of documents regarding the condition of Subsistence in the years 1992, 1995 and 1998. Documents include but not limited to: transcript of conference Committee on HB 601 dated June 21 & 22, 1992, a powerpoint titled, Subsistence in Alaska, 1995, presented by Robert Bosworth, Director, Division of Subsistence, Alaska Department of Fish and Game, report created from US Census Bureau re Population of Non-Rural Areas and Communities in Alaska dated 1998, and a letter from Governor Knowles to Mitch Demientieff, Chair, Federal Subsistence Board, US F&G, dated July 28, 1999, re restricted public access to board meetings.

Fd 4: Photocopies and originals regarding Katie John et al., v. United States, (9^th Cir. No 0035121). Documents include photocopy of Bush Caucus Message to Knowles on Katie John, regarding Subsistence, dated 2000; a bound copy of the Brief Amicus Curiae in Support of Kate John, et al., along with a cover letter from Attorney Howard Shapiro to Representative Kapsner, dated November 6, 2000; and, the July/August 2001 issue of Alaska’s Village Voices.

Fd 5: Photocopies of documents pertaining to Subsistence issues re the case, Alaska Legislative Council v. Babbitt, et al., filed January 12, 1998. Included, but not limited to, is correspondence from Julie Kitka to the AFN Board of Directors updating the Legislative Council filings; correspondence between legislators and legal services; and, a memo from Director of Legal Services, Tamara Brandt Cook to Representative Joseph Green re legislative standing to sue and separation of powers. The date range is December 1997 to January 1999.

Fd 6: Photocopy of a document regarding Subsistence Advisory Vote on ANILCA Title VIII. The question asked is whether the effort and expense to fight for an amendment to the Alaska Constitution is worthwhile. The document is from Julie Kitka, President, to the AFN Subsistence Committee, dated July 7, 1999.

Fd 7: Photocopies and originals of press clippings, copies of legal actions and correspondence pertaining to the lawsuit filed by the Alaska Legislative Council regarding ANILCA Title VIII. The date range is December 1997 to February 1999.

Fd 8: Photocopies of documents pertaining to Mark L. Pollot, Esq., consultant on Legislative Council lawsuit against Secretary of Interior, Babbitt re ANILCA Title VIII (Subsistence issues). The documents include: the contract for professional services; press clippings; correspondence to and from the US Commission on Civil Rights, legislators and Alaska Native organizations, State Legal Services to Senator Al Adams. The date range is in 1998.

Fd 9: Photocopies of documents pertaining to an audit proposal of legislative lawsuit Alaska Legislative Council v. Babbitt, et al. The documents include correspondence between: legislators; Alaska Native organizations and federal agencies; Alaska Native organizations and legislators; and, Bruce Botelho, SOA Attorney General and journalists. Also included is a bill introduced by US Senator Frank Murkowski on July 30, 1998, entitled, “Rural and Remote Community Fairness Act of 1998”, and a copy of the April-June 1998 newsletter, Alaska Outdoor Council News” with the headline, “Constitutional Amendment Stopped Dead in Its Tracks”.