This month, Gov. Bill Walker will make one of the most important decisions of his term in office. He'll decide which door to pick: One will usher Alaska into the realm of Indian Country; the other will fight to protect Alaska's sovereignty and deny more federal control of state land and resources.
Walker must choose whether to challenge the U.S. District Court decision in Akiachak Native Community v. The U.S. Secretary of the Interior. His decision could change Alaska forever.
The Akiachak case stems back nearly a decade to a lawsuit brought by four tribes and one person, disputing the Alaska Native Claims Settlement Act exemption of most of Alaska from the reservation system that had been established across the United States. The settlement act had resolved disputes around aboriginal land claims, and created the 13 Alaska Native regional corporations and more than 200 village corporations. Land was transferred to these corporations with the intent there would be economic development that would lead to a vibrant economy for Alaska Natives. It was a revolutionary model and it's had much to admire.
Back when these laws were passed and signed by President Richard M. Nixon in 1971, many felt that federal trust lands, or reservation status, had done more harm than good to America's indigenous people, and Alaska was not eager to repeat the mistake that resulted in widespread poverty and community dysfunction on many of the 300-plus reservations in the Lower 48.
If Walker opts not to challenge court decision, more than 200 tribes in Alaska could petition the U.S. government to have their lands brought into federal trust status. No one knows how much land would be set aside in trust, but suffice it to say, it could be millions of acres.
Why does this matter to Alaskans?
Land in trust with the federal government would create a new era of international relations across an unknown number of new jurisdictions exempt from state governance. The tribes become the governing unit and while the federal government co-oversees the trust land, with all zoning, fishing, hunting, licensing, environmental law and law enforcement no longer a state matter.
In fact, the tribe becomes the regulatory arm, as well as the judicial and taxing authority. It develops sovereignty that has many characteristics of nationhood. Indian Country members have a type of dual citizenship status: They may vote, receive all their benefits from the state and federal governments, and can even cast ballots on roads and school bonds -- bonds for which they cannot be taxed.
Then there's the state's comprehensive management of fish and game -- this is where it gets really tricky. The current maze of subsistence vs. other uses is already an ongoing tangle for the state and the federal government to manage. If islands of sovereignty pop up around the state, that would spell the end of a comprehensive fish and game management program. Then, the federal government will step in to do the job.
Public trail access is a looming concern as well. ANSCA created easements so the public could cross Native lands -- which are private -- to access public lands. Whether those easements will be honored is likely to be an item of contention in the future.
Finally, we come to that poorly understood "historic uses" trail provision -- RS-2477. Alaska is still fighting the federal government for access to those trails that crisscross the state. The feds do not recognize them, but the state does, as they provide access to mining and other resources.
This matters to hunters and even bird watchers. If a patchwork of land goes into federal trust status, Alaskans could be blocked from accessing some of their favorite hunting and recreation areas.
The most recent legal maneuver the state made was in 2013, when then-Gov. Sean Parnell asked for reconsideration of the D.C. District Court decision. Now, a court challenge is the last resort, but time is running out.
Akiachak is a test for Gov. Walker and a watershed moment for Alaska. While running for office can be a popularity contest and campaign promises are often made to many, governing requires the grit to make tough decisions that are not always popular.
Will Walker protect the sovereignty of Alaska, or will he walk through the other door, and Balkanize our state? It's the decision of a lifetime.
Suzanne Downing is communications director for the Alaska Republican Party and was a speechwriter for former Gov. Sean Parnell.
The views expressed here are the writer's own and are not necessarily endorsed by Alaska Dispatch News, which welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary(at)alaskadispatch.com.