Sarah Palin's Record on Alaska Native and Tribal Issues

[BrainStorm]

This came for me in the mail. I thought you might want to see it.

Sarah Palin's Record on
Alaska Native and Tribal Issues

1. Palin has attacked Alaska Native Subsistence Fishing

Perhaps no issue is of greater importance to Alaska Native peoples as the
right to hunt and fish according to ancient customary and traditional
practices, and to carry on the subsistence way of life for future
generations.
Governor Sarah Palin has consistently opposed those rights.

Once in office, Governor Palin decided to continue litigation that seeks
to overturn every subsistence fishing determination the federal government
has ever made in Alaska. (State of Alaska v. Norton, 3:05-cv-0158-HRH (D.
Ak).) In pressing this case, Palin decided against using the Attorney
General (which usually handles State litigation) and instead continued
contracting with Senator Ted Stevens' brother-in-law's law firm (Birch,
Horton, Bittner & Cherot).

The goal of Palin's law suit is to invalidate all the subsistence fishing
regulations the federal government has issued to date to protect Native
fishing, and to force the courts instead to take over the roll of setting
subsistence regulations. Palin's law suit seeks to diminish subsistence
fishing rights in order to expand sport and commercial fishing.

In May 2007, the federal court rejected the State's main challenge,
holding that Congress in 1980 had expressly granted the U.S. Interior and
Agriculture Departments the authority to regulate and protect Native and
rural subsistence fishing activities in Alaska. (Decision entered May 15,
2007 (Dkt. No. 110).)
Notwithstanding this ruling, Palin continues to argue in the litigation
that the federal subsistence protections are too broad, and should be
narrowed to exclude vast areas from subsistence fishing, in favor of sport
and commercial fishing. Palin opposes subsistence protections in marine
waters, on many of the lands that Natives selected under their 1971 land
claims settlement with the state and federal governments, and in many of
the rivers where Alaska Natives customarily fish. (Alaska Complaint at
15-18.) Palin also opposes subsistence fishing protections on Alaska
Native federal allotments that were deeded to individuals purposely to
foster Native subsistence activities. All these issues are now pending
before the federal district court.


2. Palin has attacked Alaska Native Subsistence Hunting

Palin has also sought to invalidate critical determinations the Federal
Subsistence Board has made regarding customary and traditional uses of
game, specifically to take hunting opportunities away from Native
subsistence villagers and thereby enhance sport hunting.
Palin's attack here on subsistence has focused on the Ahtna Indian people
in Chistochina. Although the federal district court has rejected Palin's
challenge, she has carried on an appeal that was argued in August 2008.
(State of Alaska v. Fleagle, No. 07-35723 (9th Cir.).)
In both hunting and fishing matters, Palin has continued uninterrupted the
policies initiated by the former Governor Frank Murkowski Administration,
challenging hunting and fishing protections that Native people depend upon
for their subsistence way of life in order to enhance sport fishing and
hunting opportunities. Palin's lawsuits are a direct attack on the core
way of life of Native Tribes in rural Alaska.



3. Palin has attacked Alaska Tribal Sovereignty

Governor Palin opposes Alaska tribal sovereignty.

Given past court rulings affirming the federally recognized tribal status
of Alaska Native villages, Palin does not technically challenge that
status. But Palin argues that Alaska Tribes have no authority to act as
sovereigns, despite their recognition.

So extreme is Palin on tribal sovereignty issues that she has sought to
block tribes from exercising any authority whatsoever even over the
welfare of Native children,
adhering to a 2004 legal opinion issued by the former Murkowski
Administration that no such jurisdiction exists (except when a state court
transfers a matter to a tribal court).

Both the state courts and the federal courts have struck down Palin's
policy of refusing to recognize the sovereign authority of Alaska Tribes
to address issues involving Alaska Native children. Native Village of
Tanana v. State of Alaska, 3AN-04-12194 CI (judgment entered Aug. 26,
2008) (Ak. Super. Ct.); Native Kaltag Tribal Council v. DHHS, No.
3:06-cv-00211-TMB (D. Ak.), pending on appeal No 08-35343 (9th Cir.)).
Nonetheless, Palin's policy of refusing to recognize Alaska tribal
sovereignty remains unchanged


4. Palin has attacked Alaska Native Languages

Palin has refused to accord proper respect to Alaska Native languages and
voters by refusing to provide language assistance to Yup'ik speaking
Alaska Native voters. As a result, Palin was just ordered by a special
three-judge panel of federal judges to provide various forms of voter
assistance to Yup'ik voters residing in southwest Alaska. Nick v. Bethel,
No. 3:07-cv-0098-TMB (D. Ak.) (Order entered July 30, 2008). Citing years
of State neglect, Palin was ordered to provide trained poll workers who
are bilingual in English and Yup'ik; sample ballots in written Yup'ik; a
written Yup'ik glossary ofelection terms; consultation with local Tribes
to ensure the accuracy of Yup'ik translations; a Yup'ik language
coordinator; and pre-election and post-election reports to the court to
track the State's efforts.

In sum, measured against some the rights that are most fundamental to
Alaska Native Tribes - the subsistence way of life, tribal sovereignty and
voting rights - Palin's record is a failure.

[yellerpup]

1. Toss Ms. Palin's bad ass out in the wilderness and see how well

she gets herself fed with a knife and a harpoon instead of an assault rifle. She might grow a little respect, but more likely she would starve first. Fingers crossed.

[BrainStorm]

2. She certainly isn't supportive of the native peoples at all.

Scary.

[yellerpup]

3. She has used some very ugly, racist terms to describe the Native people

in her own state. I can't imagine that she would have any more 'heart' that GWB when it comes to empathy, and he used to blow up frogs for fun. According to her, it's okay to shoot wild animals from a helicopter, but Native hunters need to be closely regulated? I could never respect her.