By Nathaniel Herz
WASHINGTON, D.C. -- A measure aimed at clarifying Alaska Native tribes’ legal authority over non-members passed a key legislative hurdle late Thursday and is expected to be signed into law by President Barack Obama.
The bill, which removes an exemption for Alaska in the federal Violence Against Women Act, passed the U.S. House on Thursday night, in one of the final days of Congress here before it adjourns.
The measure had strong backing from Alaska tribal groups and passed the Democratic controlled U.S. Senate earlier this week.
But as late as mid-day Thursday, Republican U.S. Rep. Don Young said he was unsure whether the bill would make it through the House, given members’ busy schedules at the end of the session as well as reservations about the specific legislation from some GOP leaders, some of whom have balked in the past at granting more legal authority to tribes.
In a joint statement issued early Friday morning, Young and Republican U.S. Sen. Lisa Murkowski said the measure passed after both held discussions with Republican House leaders.
The legislation removes a provision in the Violence Against Women Act that exempted Alaska tribes from new powers granted to other tribes around the country to prosecute non-members who commit crimes on their land, and to issue restraining orders against non-members.
The original provision had been sponsored by Murkowski, who argued the new powers would have had minimal impact on Alaska tribes anyway given court rulings that have established that there’s minimal “Indian country” in the state, in contrast to reservations outside the state.
But Alaska tribes objected, saying Murkowski’s provision threw into doubt their legal authority to issue restraining orders to members and non-members. The repeal had the backing of the Alaska Federation of Natives, whose president at one point called the step “necessary and important.”
The bill to repeal the provision was originally introduced in the Senate by Democratic Sen. Mark Begich. In a prepared statement earlier this week when his measure passed the Senate, Begich said: “This cannot wait until the next Congress.”
In a statement Friday morning, Begich said "This has been a top priority for me and I commend the Alaska Delegation for working to get this done."
