Initial Report and Recommendations - Alaska Department of Law

All of the workgroups’ options can be found on the Rural Justice Commission’sweb site at www.akjusticecommission.org under the “Topics” link.Although the Commission has not adopted the workgroup recommendation that addressed grantingjurisdiction to tribes to enforce certain laws relating to alcohol and substance abuse, several members ofthe public strongly asked the Commission to publish the recommendation. It is found below.Alaska Rural Justice and Law Enforcement CommissionOptions Worksheet for Work GroupsWorking Group: JudicialOption# JS-5 (J-25): Alcohol JurisdictionStatement of Need:Option:Alaska Native Villages should have a territorial basis, without creation of “Indiancountry,” to regulate and control alcohol, including civil authority over non-Indians. The law should also allow federal prosecution of both members and nonmembers.Recommend that 18 USC §§ 1156 and 1161 be amended, possibly on a “pilotproject” basis for some Alaska Native Villages, along the following lines(underscoring indicates proposed new language):§ 1156. Intoxicants possessed unlawfully(a) Whoever, except for scientific, sacramental, medicinal or mechanicalpurposes, possesses intoxicating liquors in the Indian country or where theintroduction is prohibited by treaty or an Act of Congress, or possesses anyintoxicating liquors or other controlled substances regulated by an Alaska NativeVillage Controlled Substance Ordinance pursuant to subsection (c) within thegeographic area governed by such Ordinance, or within an area covered by anAlaska Local Option Law, shall, for the first offense, be fined under this title orimprisoned not more than one year, or both; and, for each subsequent offense, befined under this title or imprisoned not more than five years, or both.(b) The term "Indian country" as used in this section does not include fee-patentedlands in non-Indian communities or rights-of-way through Indian reservations,and this section does not apply to such lands or rights-of-way in the absence of atreaty or statute extending the Indian liquor laws thereto.(c) The federally recognized tribal governments of Alaska Native villages shallhave authority to enact and enforce laws regulating transactions involvingalcoholic beverages, prohibiting the sale, importation, or possession of alcoholicbeverages, and prohibiting the sale, importation or possession of substancesillegal under state, federal or tribal law, within the exterior boundaries of thevillages’ core townships identified for village corporation land selections byAlaska Rural Justice and Law Enforcement Commission - Page 113