“Indian Country” and the Nature and Scope of Tribal Self-Government in Alaska

Today Alaska Native tribes face one of their most difficult challenges since the days of the Alaska Native Claims Settlement Act (ANCSA).Ever since the United States Supreme Court ruled in Alaska v. Native Village of Venetie Tribal Government, 522 U.S. 520 (1998), that ANCSA largely extinguished "Indian country" in Alaska, and thus the tribes' territorial jurisdiction, the extent of Alaska tribal sovereignty and authority has been shrouded in uncertainty.In the context of a vigorous debate in which the extent and perhaps the very survival of Alaska tribal sovereignty is at stake, this Article offers: (1) an analysis of Alaska tribes' current jurisdiction, including areas of uncertainty due to their unique status as "sovereigns without territorial reach"; and (2) a range of proposals designed to resolve those uncertainties and anomalies by at least partially restoring the "Indian country" status of, and thus tribal territorial jurisdiction over, some tribal lands in Alaska.Using rural justice and law enforcement as a central example, the authors demonstrate that restoring Indian country to Alaska would promote numerous public policy objectives, benefiting both the tribes and the State.