09-40 Against trespass on Native corporations lands and Native allotments

Published on November 10th, 2009

By ALEX DEMARBAN

Summary

The Alaska congressional delegation should support creating federal legislation that would employ the use of federal law and federal enforcement officers in prosecuting trespass on ANCSA lands and Native allotments, including making the willing destruction of trespass signs or private property on Alaska Native corporation lands and Native allotments a federal offense, and would allow Native organizations to be partners in administering and enforcing the law. Urge Congress to encourage and promote public education on this and resist any efforts the state to impose jurisdictional control on ANCSA and Native allotment lands

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Full Text

RESOLUTION 09-40

PROTECTION AGAINST TRESPASS ON ALASKA NATIVE CORPORATION LANDS AND NATIVE ALLOTMENTS FROM WILLING DESTRUCTION OF CORPORATION PROPERTY FOR THE PURPOSE OF TRESPASSING

WHEREAS: Alaskan Native Corporation lands and Native allotments experience some of the highest amounts of trespass and property destruction by unauthorized public use; and

WHEREAS: The Division of Alaska State Troopers (AST) is charged with statewide law enforcement, prevention of crime, pursuit and apprehension of offenders, service of civil and criminal process, prisoner transportation, central communications, and search and rescue; and

WHEREAS: The Alaska State Troopers low prioritization and enforcement of trespass violations on Alaskan Native Corporation and Native allotment lands has detrimentally affected the threat of prosecution and prevention of trespass crimes; and

WHEREAS: Current Alaska state law states trespassing notices must be printed legibly in English, be at least 144 square inches in size, give the name and address of the person under whose authority the property is posted and the name and address of the person who is authorized to grant permission to enter the property, be placed at each roadway and at each way of access onto the property that is known to the land owner; and

WHEREAS: There are requirements of posting no trespassing signs every 50 feet on the boundary of Alaska Native Corporation lands; and

WHEREAS: In some cases trespassers are destroying these signs to evade prosecution or enforcement of the state trespassing laws; and

WHEREAS: ANCSA shareholders are trusting their corporations to provide protection of their ANCSA lands and the State of Alaska for protection of their Native allotments; and

WHEREAS: Some of the trespass problem on ANCSA and allotment lands is caused by air transporters and other transportation service providers who drop clients off on ANCSA lands or allotments, or on river banks surrounded by Native lands where the clients cannot avoid trespass if they leave camp; and

WHEREAS: Alaska Native Corporations were established through ANCSA in furtherance of a policy of Native self-determination and Alaska Native organizations should be incorporated as full partners into the administration, implementation and enforcement of laws intended to protect ANCSA and native allotments from trespass.

NOW THEREFORE BE IT RESOLVED by the Delegates to the 2009 Annual Convention of the Alaska Federation of Native, Inc., that AFN hereby request that our Alaska's Congressional Delegation to support federal legislation that would employ the use of federal law and federal enforcement officers in prosecuting trespass on ANCSA lands and Native allotments, including making the willing destruction of trespass signs or private property on Alaskan Native Corporation lands and Native allotments a federal offense, and would fully incorporate Alaska Native organizations as full partners in the administration, implementation and enforcement provisions of the federal trespass law; and

BE IT FURTHER RESOLVED that the Delegates to the 2009 Annual Convention urge the Alaska Congressional Delegation to encourage and promote public education on this matter and resist any efforts by the State of Alaska to impose jurisdictional control on ANCSA and Native allotment lands.

SUBMITTED BY: AHTNA, INC

COMMITTEE ACTION: DO PASS

CONVENTION ACTION: PASSED