[House Report 104-838]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-838
_______________________________________________________________________


 
                       ALASKA NATIVES COMMISSION

                                _______
                                

 September 25, 1996.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3973]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3973) to provide for a study of the recommendations of 
the Joint Federal-State Commission on Policies and Programs 
Affecting Alaska Natives, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY.

  The Congress finds and declares the following:
          (1) The Joint Federal-State Commission on Policies and 
        Programs Affecting Alaska Natives (hereafter in this Act 
        referred to as the ``Alaska Natives Commission'') was 
        established by Public Law 101-379 (42 U.S.C. 2991a note) 
        following the publication in 1989 of the ``Report on the Status 
        of Alaska Natives: A Call for Action'' by the Alaska Federation 
        of Natives and after extensive congressional hearings which 
        focused on the need for the first comprehensive assessment of 
        the social, cultural, and economic condition of Alaska's 86,000 
        Natives since the enactment of the Alaska Native Claims 
        Settlement Act, Public Law 92-203.
          (2) The 14 member Alaska Natives Commission held 15 regional 
        hearings throughout Alaska between July 1992 and October 1993, 
        and 2 statewide hearings in Anchorage coinciding with the 
        Conventions of 1992 and 1993 of the Alaska Federation of 
        Natives. In May 1994, the Alaska Natives Commission issued its 
        3 volume, 440 page report. As required by Public Law 101-379, 
        the report was formally conveyed to the Congress, the President 
        of the United States, and the Governor of Alaska.
          (3) The Alaska Natives Commission found that many Alaska 
        Native individuals, families, and communities were experiencing 
        a social, cultural, and economic crisis marked by rampant 
        unemployment, lack of economic opportunity, alcohol abuse, 
        depression, and morbidity and mortality rates that have been 
        described by health care professionals as ``staggering''.
          (4) The Alaska Natives Commission found that due to the high 
        rate of unemployment and lack of economic opportunities for 
        Alaska Natives, government programs for the poor have become 
        the foundation of many village economies. Displacing 
        traditional Alaska Native social safety nets, these well-
        meaning programs have undermined the healthy interdependence 
        and self-sufficiency of Native tribes and families and have put 
        Native tribes and families at risk of becoming permanent 
        dependencies of Government.
          (5) Despite these seemingly insurmountable problems, the 
        Alaska Natives Commission found that Alaska Natives, building 
        on the Alaska Native Claims Settlement Act, had begun a unique 
        process of critical self-examination which, if supported by the 
        United States Congress through innovative legislation, and 
        effective public administration at all levels including 
        traditional Native governance, could provide the basis for an 
        Alaska Native social, cultural, economic, and spiritual 
        renewal.
          (6) The Alaska Natives Commission recognized that the key to 
        the future well-being of Alaska Natives lay in--
                  (A) the systematic resumption of responsibility by 
                Alaska Natives for the well-being of their members,
                  (B) the strengthening of their economies,
                  (C) the strengthening, operation, and control of 
                their systems of governance, social services, 
                education, health care, and law enforcement, and
                  (D) exercising rights they have from their special 
                relationship with the Federal Government and as 
                citizens of the United States and Alaska.
          (7) The Alaska Natives Commission recognized that the 
        following 3 basic principles must be respected in addressing 
        the myriad of problems facing Alaska Natives:
                  (A) Self-reliance.
                  (B) Self-determination.
                  (C) Integrity of Native cultures.
          (8) There is a need to address the problems confronting 
        Alaska Natives. This should be done rapidly, with certainty, 
        and in conformity with the real economic, social, and cultural 
        needs of Alaska Natives.
          (9) Congress retains and has exercised its constitutional 
        authority over Native affairs in Alaska subsequent to the 
        Treaty of Cession and does so now through this Act.

SEC. 2. ALASKA NATIVE IMPLEMENTATION STUDY.

  (a) Findings.--The Congress finds and declares that--
          (1) the Alaska Natives Commission adopted certain 
        recommendations raising important policy questions which are 
        unresolved in Alaska and which require further study and review 
        before Congress considers legislation to implement solutions to 
        address these recommendations; and
          (2) the Alaska Federation of Natives is the representative 
        body of statewide Alaska Native interests best suited to 
        further investigate and report to Congress with proposals to 
        implement the recommendations of the Alaska Natives Commission.
  (b) Grant.--The Secretary of Health and Human Services shall make a 
grant to the Alaska Federation of Natives to conduct the study and 
submit the report required by this section. Such grant may only be made 
if the Alaska Federation of Natives agrees to abide by the requirements 
of this section.
  (c) Study.--Pursuant to subsection (b), the Alaska Federation of 
Natives shall--
          (1) examine the recommendations of the Alaska Natives 
        Commission;
          (2) examine initiatives in the United States, Canada, and 
        elsewhere for successful ways that issues similar to the issues 
        addressed by the Alaska Natives Commission have been addressed;
          (3) conduct hearings within the Alaska Native community on 
        further ways in which the Commission's recommendations might be 
        implemented; and
          (4) recommend enactment of specific provisions of law and 
        other actions the Congress should take to implement such 
        recommendations.
  (d) Consideration of Local Control.--In developing its 
recommendations pursuant to subsection (c)(4), the Alaska Federation of 
Natives shall give specific attention to the ways in which the 
recommendations may be achieved at the local level with maximum local 
control of the implementation of the recommendations.
  (e) Report.--Not later than 12 months after the date on which the 
grant is made under subsection (b), the Alaska Federation of Natives 
shall submit a report on the study conducted under this section, 
together with the recommendations developed pursuant to subsection 
(c)(4), to the President and the Congress and to the Governor and 
legislature of the State of Alaska. In addition, the Alaska Federation 
of Natives shall make the report available to Alaska Native villages 
and organizations and to the general public.
  (f) Authorization of Appropriations.--There is authorized to be 
appropriated $350,000 for the grant under subsection (b).
  (g) Additional State Funding.--The Congress encourages the State of 
Alaska to provide the additional funding necessary for the completion 
of the study under this section.

                          purpose of the bill

    The purpose of H.R. 3973 is to provide for a study of the 
recommendations of the Joint Federal-State Commission on 
Policies and Programs affecting Alaska Natives.

                  background and need for legislation

    In 1990, President Bush signed Public Law 101-379 which 
created a public commission funded jointly by federal and state 
appropriations to complete a comprehensive study on the social 
and economic conditions of Alaska Natives. The study was to 
focus on the effectiveness of programs and policies of the 
United States and the State of Alaska which provide services to 
Alaska Native communities. This was in response to the 1989 
report ``Report on the Status of Alaska Natives: A Call for 
Action'' published by the Alaska Federation of Natives and the 
University of Alaska's Institute for Social and Economic 
Research. A 14-member commission was formed, half of whom were 
appointed by the President of the United States and the 
remainder of whom were appointed by the Governor of the State 
of Alaska.
    The primary focus of the study was to provide an in-depth 
analysis on the social and economic conditions of Alaska 
Natives, with specific recommendations to Congress, the 
President, the Alaska Legislature, the Governor of the State of 
Alaska and the Native community. The commission completed two 
years of research, public hearings and task force discussions 
and submitted its report in May 1994.
    Volume one of a three volume report provides an overview 
and summary of 22 months of hearings, research and 
deliberations. Native Self-Reliance, Native Self-Determination, 
and the Integrity of Alaska Native Cultures are the central 
themes of this first volume. It also provides the historical 
causes of Native personal and cultural breakdowns. Also 
included in this first volume are statistics on Native social/
cultural, judicial/correctional, economic, education, and 
physical/behavioral health problems. Volume one concluded with 
34 main policy recommendations (plus an additional 76 
recommendations).
    Volume two provides a narrative test, data and 
recommendations of five separate studies of Native problems 
conducted by the Commission's task force: Alaska Native 
Physical Health: Social/Cultural Issues and the Alcohol Crisis; 
Economic Issues and Rural Development; Alaska Native Education; 
and Self-Governance & Self-Determination.
    The final volume provides a full narrative text, data and 
recommendations of two separate studies of Native public policy 
issues conducted by the Commission: Alaska Native Subsistence; 
and Alaska Native Tribal Government.

                            committee action

    H.R. 3973 was introduced by Congressman Don Young (R-AK) on 
August 2, 1996. The Full Committee on Resources held a mark-up 
of the bill on September 18, 1996. Congressman Young offered an 
amendment in the nature of a substitute. It was adopted by 
voice vote. The bill, as amended, was then ordered favorably 
reported to the House of Representatives by voice vote.

                      section-by-section analysis

Section 1. Congressional findings and declaration of policy

    Section 1 provides Congressional findings and declaration 
of policy on the social, economic and cultural conditions of 
Alaska Natives since the passage of the Alaska Native Claims 
Settlement Act of 1971.

Section 2. Alaska Native implementation study

    Section 2 authorizes funding for an implementation study of 
the recommendations of the Alaska Native Commission report. The 
Alaska Federation of Natives would examine the recommendations 
of the Alaska Native Commission report; examine initiatives in 
the United States, Canada, and elsewhere for successful ways 
that address issues similar to the issues addressed by the 
Alaska Native Commission report; conduct hearings within the 
Alaska Native community on further ways in which the 
Commission's recommendations might be implemented and recommend 
enactment of specific provisions of law and other actions 
Congress should take to implement any recommendations. The 
Committee intends that the hearings held on the report should 
include input from federal, State and local government 
entities, as well as the general public. This way any 
differences among the affected parties will be aired and 
solutions developed before the report is finalized. The report 
is to be submitted to the President, Congress, the Governor of 
the State of Alaska and to the Alaska State Legislature 12 
months after the grant is made under subsection (b) of this 
bill.

            committee oversight findings and recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     inflationary impact statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 3973 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        cost of the legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 3973. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     compliance with house rule xi

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
3973 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 3973.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
3973 from the Director of the Congressional Budget Office.

               congressional budget office cost estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 20, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 3973, a bill to provide for a study of the 
recommendations of the Joint Federal-State Commission on 
Policies and Programs Affecting Alaska Natives, as ordered 
reported by the House Committee on Resources on September 18, 
1996. CBO estimates that implementing this bill would cost 
$350,000 in fiscal year 1997, assuming appropriation of the 
authorized amount. Enacting H.R. 3973 would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply.
    H.R. 3973 would direct the Secretary of Health and Human 
Services through the Administration for Native Americans, to 
provide a $350,000 grant to the Alaska Federation of Natives 
and would authorize the appropriation of that amount. The 
purpose of the grant would be to conduct a study and issue a 
report on implementing previous recommendations to improve the 
situation of Alaska Natives. The bill would require that the 
report be submitted no later than 12 months after the grant is 
made.
    H.R. 3973 contains no private-sector or intergovernmental 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4) and would impose no costs on state, local, 
or tribal governments. The bill does, however, encourage the 
state of Alaska to provide any additional funding necessary for 
completing the study should it cost more than $350,000.
    If you wish further details on this estimate we will be 
pleased to provide them. The CBO staff contacts are Lisa Daley 
and Dorothy Rosenbaum.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).

                    COMPLIANCE WITH PUBLIC LAW 104-4

    H.R. 3973 contains no unfunded mandates.

                        CHANGES IN EXISTING LAW

    If enacted, H.R. 3973 would make no changes in existing 
law.