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Overview
Federal Recognition
of Alaska Tribes
Alaska Natives
Commission
Venetie "Indian
Country" Case
In Alaska v. Native
Village of Venetie Tribal Government, decided on November
20, 1996, the Ninth Circuit Court of Appeals overturned the decision
of the Federal District Court for the District of Alaska and
ruled that ANCSA did not extinguish "Indian Country"
in Alaska, as is claimed by the State of Alaska, and that land
occupied by the Neets'aii Gwich'in people of Venetie and Arctic
Village is Indian Country where tribal powers prevail over state
law in areas such as taxation, zoning, and land use management,
civil and criminal misdemeanor jurisdiction over tribal members.
The U.S. Supreme Court heard oral arguments in the State of Alaska's
appeal in the case on December 10, 1997; Venetie was represented
by the Native American Rights
Fund (NARF). On February 25, 1998, the U.S. Supreme Court
unanimously reversed the Ninth Circuit decision, ruling that
the tribe's land was not "Indian Country."
- Alaska
v. Native Village of Venetie Tribal Government (9th Cir.
Case No. 96-35042, decided Nov. 20, 1996). The decision of
the Ninth Circuit Court of Appeals. The Native Village of Venetie
(pronounced "VEE-nuh-tie") is the local council governing
the Gwich'in Athabascan communities of Venetie
and Arctic
Village.
- December
6, 1996. Press release from the Native American Rights Fund
announcing the Ninth Circuit decision.
- "Yes,
there is Indian Country in Alaska!". NARF Legal Review
22(1), Winter/Spring 1997. The lead article in this issue of
the Native American Rights Fund's legal review announces Venetie's
Ninth Circuit victory and reviews the case's history.
- January
23, 1997. Press release of Governor Tony Knowles announcing
the State of Alaska's decision to appeal to the U.S. Supreme
Court.
- January
24, 1997. Press release of Senator Frank Murkowski about
his discussion with Secretary of the Interior Bruce Babbitt regarding
the case.
- February
3, 1997. Speech of Senator Frank Murkowski to the Alaska
State Legislature; includes discussion of the Venetie case.
- Senate
Bill 74. "An Act making appropriations concerning the
state's position on the sovereign powers of Native tribal governments
and providing for an effective date." SB 74 passed both
houses of the Alaska State Legislature and was signed into law
(becoming by Governor Tony Knowles on March 8, 1997, with an
effective date of March 9, 1997. It $500,000 to the Alaska Department
of Law and $500,000 to the Alaska Legislative Council to appeal
the Venetie decision.
- "Indian
Country in Alaska: The Venetie Decision". Native
American Rights Fund Justice Newsletter, Spring 1997. Background
on the Venetie case placing it in the context of Alaska history,
ANCSA, and federal Indian law.
- May
20, 1997. Press release from the Native American Rights Fund
announcing the filing of a brief to the Supreme Court responding
to the State of Alaska's appeal.
- June
23, 1997. Press release of Senator Frank Murkowski announcing
the U.S. Supreme Court's decision to hear the State of Alaska's
appeal.
- June
23, 1997. Press release from the Native American Rights Fund
regarding the high court's decision to hear the case.
- "Indian
Country: Two Destinies, One Land". Series published
in the Anchorage Daily News
in July 1997.
- August
21, 1997. Press release of Governor Tony Knowles announcing
the State of Alaska's filing of a 50-page brief to the Supreme
Court arguing its side of the case.
- Alaska
v. Native Village of Venetie Tribal Government (U.S. Supreme
Court, No. 96-1577, decided Feb. 25, 1998). The decision
of the U.S. Supreme Court, ruling that land helf by the Native
Village of Venetie is not "Indian Country."
See also the syllabus
summarizing the case.
- February
25, 1998. Statement of Governor Tony Knowles reacting to
the U.S. Supreme Court decision in the Venetie case.
Other sovereignty
information
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