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ANSCA?(#66871)
by Rebecca Anne Goetz on August 18, 2005 at 8:05 PM
This might be a completely irrelevant question, but I'm wondering if the Alaska Native Claims Settlement Act could be used as a precedent for the Akaka Bill? I don't know the specifics of the Hawaiian bill but it seems to me that Congress has passed similar legislation in the past...just a thought.
It's not irrelevant, exactly, but the issues are different. I don't know much about ANSCA, honestly, but my impression is that that Alaska natives were already recognized tribal entities. In the case of Hawai'i, the tribal entity became a monarchy, which became a modernizing state, which was overthrown, and there was no reconstitution of a tribal structure after annexation. So the Akaka Bill is a necessary first step before Claims Settlement could even begin. One of the issues in the Akaka bill is the negotiation of claims settlement, and the presumption in the Bill is that there will be no claims to settle at this point: the Hawaiian Homelands and OHA and the trusts have quite a bit of resources; if they could be protected, there'd be no need for claims settlements.
I see. I've just always been interested in the differences between Alaskan claims settlement and what happened on the continent. Of course, ANSCA was also fueled, so to speak, by the need to have the oil pipeline cross tribal territory...I'm really interested in what happens next with this; maybe you could keep us posted?
PS. I read the piece you linked to; even without understanding all the details it seems like those two wrote a very one-sided and not very understanding article.
by Rebecca Anne Goetz on August 18, 2005 at 8:05 PM