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 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.

Fd 1: Photocopies and one original of various correspondences pertaining to ANILCA Title VIII Subsistence issues. The date range is March 1997 to August 1998.

Fd 2: Photocopies of various documents pertaining to Subsistence issues and generated by the Alaskans Together organization dated from April to June 1998.

Fd 3: Photocopies of documents generated by various federal and state government entities regarding a compromise Subsistence proposal. The date range is May 1997 to June 1998.

Fd 4: Photocopies of newsletter, We the People – Alaska Tribes – Standing Our Ground, Volume, 1, Number 1, dated mid-June 1998, and a press release from the Alaska Inter-Tribal Council dated June 11, 1998. Both documents reject the Subsistence compromise proposal package put forth by Governor Knowles and Alaskans Together.

Fd 5: Photocopies of various documents opposing the proposed Subsistence compromises to ANILCA Title VIII put forth by Governor Knowles and other entities. The date range is from September 1997 to January 1998.

Fd 6: Photocopies of various documents pertaining to US Senator Frank Murkowski’s position on Subsistence issues and ANILCA Title VIII. The date range is May 23, 1997 to June 17, 1998.

Fd 7: Photocopies of various documents and correspondence specific to the Alaska Federation of Natives, Inc. that pertain to their position regarding ANCSA, ANILCA Title VIII and subsequent legislation directly related to Subsistence/Indian Country issues affecting all Native Alaskans. The date range is January 1998 to June 1998.

Fd 8: Photocopy of a multi-page report, published by the Alaska State Legislature and conducted by the Departments of Natural Resources, Fish and Game, and Law. The report pertains to Waterway Management Issues with the objective, as stated within the first sentence, “…to evaluate the effectiveness of the State’s programs to resolve issues of ownership, access, and resource allocation concerning public waterways.” The report is dated March 28, 1997.