A proposed ordinance that would have declared all land within the city limits of Craig as “Indian Country” was indefinitely postponed Thursday evening after brief discussion and strong legal caution from the city’s attorney.
The ordinance, which had been proposed by the Craig Tribal Association, aimed to incorporate the federal definition of “Indian Country” into the city’s municipal code, an unprecedented move for any city in Alaska. The proposal stated it would “remove ambiguity” and “foster cooperative governance” with tribal entities while encouraging memoranda of understanding on shared services like law enforcement and infrastructure.
However, city council members, citing legal advice from their Juneau-based attorney, concluded that the designation was not within municipal authority. Under federal law, only the federal government can designate land as “Indian Country,” a term that carries significant legal weight in areas of jurisdiction, governance, and law enforcement.
A handful of Alaska Native attendees sitting in the back of the room quietly left the council chambers immediately after the vote.
After consulting with the city attorney, it was clear there is no legal precedent for a municipality to declare lands ‘Indian Country,’ said City Administrator Brian Templin in a memo to the council. They couldn’t find any examples of similar ordinances anywhere in Alaska.
The ordinance referenced federal law, specifically 18 U.S.C. § 1151, which defines “Indian Country” in terms of reservations, dependent communities, and allotments. It also cited the Alaska Native Claims Settlement Act and referenced recent expansions of tribal authority under the Violence Against Women Act Reauthorization of 2022. The Craig Tribal Association argued the ordinance would allow for cooperative governance and access to federal funding streams that could benefit all residents of Craig.
But the city attorney raised sharp concerns, noting that federal courts, including the US Supreme Court in the 1998 Alaska v. Native Village of Venetie decision, have made clear that ANCSA lands are not “Indian Country,” except for specific allotments.
The attorney questioned whether a municipality has the legal standing to unilaterally change the legal status of land in this way, particularly given Craig’s status as a first-class city under Alaska law.
The council also expressed worry about the unknown implications of such a declaration, particularly regarding law enforcement jurisdiction and the application of state and federal law.
Council members acknowledged the desire for closer cooperation with the Craig Tribal Association and left the door open for future discussions, but appeared to draw a firm line on using a designation reserved for federal authority.
The city’s attorney further asked the Tribal Association for examples of federal court rulings or legal opinions supporting a municipality’s authority to declare lands “Indian Country.” In response, the CTA stated it could not offer legal opinions but reiterated its goal of enhancing cooperation and accessing federal resources through tribal channels.
Craig, a community of about 1,200 residents on Prince of Wales Island, operates under a strong mayor system of governance and is one of Alaska’s 19 first-class cities, granting it certain legislative powers but not sovereignty.
With the ordinance now off the table, the city council said it would continue seeking productive ways to work with the Craig Tribal Association while ensuring any agreements remain within legal boundaries.
The indefinite postponement effectively ends the current push to label Craig as “Indian Country,” though discussions about cooperative governance are expected to continue.
The wagon burners keep pushing their control agendas, and the spineless politically-correct keep bending the knee to them. It’s nice to finally see some pushback.
By ignoring the excess rhetorical baggage, one may discern what is really happening. In response to federal spending reductions, it appears Craig administrators identified a possible mechanism to siphon federal money into their community. Whatever it takes to continue squeezing money from American taxpayers.