[Senate Hearing 117-115]
[From the U.S. Government Publishing Office]


                                                        S. Hrg. 117-115

              S. 1364, H.R. 1975, H.R. 2088, AND H.R. 4881

=======================================================================

                                HEARING

                               BEFORE THE
                               
                      COMMITTEE ON INDIAN AFFAIRS
                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             FIRST SESSION

                               __________

                           NOVEMBER 17, 2021

                               __________

         Printed for the use of the Committee on Indian Affairs
         
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]         


                      COMMITTEE ON INDIAN AFFAIRS

                     BRIAN SCHATZ, Hawaii, Chairman
                 LISA MURKOWSKI, Alaska, Vice Chairman
MARIA CANTWELL, Washington           JOHN HOEVEN, North Dakota
JON TESTER, Montana                  JAMES LANKFORD, Oklahoma
CATHERINE CORTEZ MASTO, Nevada       STEVE DAINES, Montana
TINA SMITH, Minnesota                MIKE ROUNDS, South Dakota
BEN RAY LUJAN, New Mexico            JERRY MORAN, Kansas
       Jennifer Romero, Majority Staff Director and Chief Counsel
        K. Williams, Minority Staff Director and General Counsel
                            
                            
                            C O N T E N T S

                              ----------                              
                                                                   Page
Hearing held on November 17, 2021................................     1
Statement of Senator Burr........................................     2
Statement of Senator Murkowski...................................     2
Statement of Senator Schatz......................................     1
Statement of Senator Tillis......................................     5

                               Witnesses

Butterfield, Hon. G.K., U.S. Representative from North Carolina..     6
Godwin, Jr., Hon. Harvey, Chairman, Lumbee Tribe of North 
  Carolina.......................................................    12
    Prepared statement...........................................    14
Issa, Hon. Darrell, U.S. Representative from California..........     6
Newland, Hon. Bryan Todd, Assistant Secretary--Indian Affairs, 
  U.S. Department of the Interior................................     8
    Prepared statement...........................................     9
Smith, Hon. Robert, Chairman, Pala Band of Mission Indians.......    16
    Prepared statement...........................................    17
Sneed, Hon. Richard, Principal Chief, Eastern Band of Cherokee 
  Indians........................................................    18
    Prepared statement...........................................    20
Yucupicio, Hon. Peter, Chairman, Pascua Yaqui Tribe..............    21
    Prepared statement...........................................    23

                                Appendix

Cooper, Hon. Roy, letter for the record..........................    39

 
              S. 1364, H.R. 1975, H.R. 2088, AND H.R. 4881

                              ----------                              


                      WEDNESDAY, NOVEMBER 17, 2021


                                       U.S. Senate,
                               Committee on Indian Affairs,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 2:38 p.m. in room 
628, Dirksen Senate Office Building, Hon. Brian Schatz, 
Chairman of the Committee, presiding.

            OPENING STATEMENT OF HON. BRIAN SCHATZ, 
                    U.S. SENATOR FROM HAWAII

    The Chairman. Good afternoon.
    During today's legislative hearing, we will consider four 
bills, S. 1364, the Lumbee Tribe of North Carolina Recognition 
Act, H.R. 1975, the Pala Band of Mission Indians Land Transfer 
Act of 2021, H.R. 2088, the Eastern Band of Cherokee Historic 
Lands Reacquisition Act, and H.R. 4881, the Old Pascua 
Community land Acquisition Act.
    These bills represent two very important ways Congress and 
honor and strengthen tribal sovereignty and self-governance, 
extending Federal recognition, that is granting all rights, 
privileges and protections the United States currently affords 
to 574 recognized tribes, and taking land into trust to restore 
tribal homelands. Both acts carry profound weight, and so 
should not be undertaken lightly or without the full 
consideration by this Committee.
    We begin with S. 1364, a bill to extend Federal recognition 
to the Lumbee Tribe of North Carolina, and clarify that the 
tribe and its citizens are eligible for all services and 
benefits the United States provides to federally recognized 
Indian tribes. This legislation will also authorize the 
Secretary of the Interior to take land into trust for the 
tribe.
    The Lumbee Tribe has long sought Federal recognition and is 
one step closer to having secured House passages of H.R. 2758, 
the identical companion bill to S. 1364.
    Turning to the House-passed bills, H.R. 1975 would 
authorize the Secretary of the Interior to take approximately 
721 acres of land in San Diego County, California, into trust 
for the benefit of the Pala Band of Mission Indians, empowering 
the tribe to better steward their sacred sites and honor their 
cultural history.
    H.R. 2088 would place approximately 76 acres of Federal 
land and 20 acres of permanent easements into trust for the 
benefit of the Eastern Band of Cherokee Indians. The primary 
use of these properties would support the tribe's ongoing 
cultural, historic, and recreational activities.
    Finally, H.R. 4881 would direct the Secretary of the 
Interior to take approximately 30 acres of land known as Old 
Pascua into trust for the benefit of the Pascua Yaqui Indian 
Tribe.
    Old Pascua is the oldest formally established area where 
the Yaqui community lived before their formal reservation was 
established. This land would allow the tribe to expand 
governmental operations, create jobs, and further support 
tribal housing, health care, and education.
    Before I turn to Vice Chair Murkowski, I would like to 
extend my welcome and thanks to the witnesses who also happen 
to be members of the House and the Senate, for joining us 
today. I look forward to your testimony and our discussion.
    Vice Chair Murkowski?

               STATEMENT OF HON. LISA MURKOWSKI, 
                    U.S. SENATOR FROM ALASKA

    Senator Murkowski. Thank you, Mr. Chairman.
    You have introduced all four of these bills very 
thoroughly, so I won't repeat. I will state that all of these 
bills have something in common: they acknowledge and affirm the 
importance of the government-to-government relationship between 
the United States and Indian tribes. It is through Federal 
recognition of an Indian tribe that the government-to-
government relationship is acknowledged. That relationship 
establishes the foundation for taking land into trust.
    These kinds of actions by Congress have far-reaching 
impacts, not just on the tribe and its membership, which can be 
life-changing in terms of benefits and services, but also on 
other Indian tribes, surrounding communities, and Federal, 
State and local governments.
    So I thank you. I want to say [phrase in Native tongue] for 
holding today's hearing and providing the opportunity to hear 
from Indian Country and our colleagues on these important 
bills.
    The Chairman. Joining us today, our first testifier is the 
senior Senator from North Carolina, Senator Richard Burr.

                STATEMENT OF HON. RICHARD BURR, 
                U.S. SENATOR FROM NORTH CAROLINA

    Senator Burr. Chairman Schatz and Vice Chairman Murkowski, 
Senator Hoeven, thank you on behalf of Senator Tillis and I for 
the opportunity to come in and introduce our legislation to 
take a wrong and make a right out of it.
    To say the tribe has been here before would be an 
understatement. The Lumbee people have been seeking Federal 
recognition from Congress for over 130 years. This Committee 
has been holding hearings on the Lumbee status since 1912.
    Time and time again, the Lumbee have proven their case to 
Congress. This Committee's files are full of testimony, 
letters, reports, and other records which demonstrate beyond 
any shadow of a doubt that the Lumbee Tribe is worthy of full 
Federal recognition.
    Over the last 33 years, 29 Lumbee recognition bills have 
been introduced in the Congress, 15 by Democrats, 14 by 
Republicans, showing just how bipartisan this effort has always 
been. Today is the fifteenth Congressional hearing on Lumbee 
recognition since 1988, and the seventh in this Committee. Over 
that time, Congressional committees have approved Lumbee 
recognition bills 13 times, including 7 by this Committee. The 
House has passed Lumbee recognition bills six times, including 
two overwhelming votes in the last 12 months.
    I believe no other tribe in the Country has been subjected 
to as much Congressional scrutiny over such an extended period 
of time, or received as many repeated expressions of bipartisan 
Congressional support as the Lumbee Tribe. Having said that, I 
recognize some in the audience may not be as familiar with 
Lumbee and their history as we are.
    Since time immemorial, the Lumbee have called the present 
day counties of Robeson, Scotland, Hoke, and Cumberland their 
home. They have been a cohesive community in North Carolina for 
centuries and they have developed unique tribal institutions 
that have served their membership well in the face of 
extraordinary adversity.
    They have been teachers, farmers, doctors, small business 
owners. Some have served as sheriff, clerks of court, State 
legislators or judges. Many have protected our Nation in the 
armed forces. Their contribution to their community, to the 
State of North Carolina, to the Country, are innumerable.
    Their commitment to education is unparalleled. In the late 
1800s, the State authorized the tribe to round the State school 
district for Lumbee children. The State also authorized an 
advanced Indian school to train teachers for the Lumbee 
schools. Although the State provided no money for construction, 
the Lumbee built the school on their own. It has been in 
operation continuously since then, and today it is the 
University of North Carolina at Pembroke.
    The State of North Carolina recognized the Lumbee Tribe in 
1885. Three years later, the tribe began its quest for Federal 
recognition. Over the next 50 years, they repeatedly petitioned 
the Federal Government for assistance, but to no avail.
    During the height of the shameful termination era, Congress 
passed the Lumbee Act of 1956. This partial recognition 
designated the Indians residing in Robeson and adjoining 
counties of North Carolina as the Lumbee Indians of North 
Carolina. But it blocked them from accessing Federal benefits 
available to other federally recognized tribes. Nothing short 
of discrimination.
    To put this in context, four other tribes were terminated 
by Congress in 1956. All have had their Federal recognitions 
status restored. Only the Lumbee have yet to receive the full 
recognition that they deserve.
    The Lumbee Tribe is incredibly resilient. But decades of 
discrimination have caused severe economic consequences. 
Robeson County is one of the poorest counties in the State. 
While the other 574 federally recognized tribes can use the 
rights and services offered by the Federal Government to 
improve their economic situations, because of the 1956 law, the 
Lumbee cannot.
    They are the only tribe in the Country in this situation, 
and it is unjust and it is immoral. This is ample precedent for 
correcting the injustice, but not the least of which is 
legislation Congress passed in 1987 to fully recognize the 
Tiwah Indians in Texas. Nineteen years prior, Congress had 
passed a law modeled after the 1956 Lumbee Act which recognized 
the Tiwah but prohibited them from accessing Federal services. 
In the Tiwah's case, Congress corrected the inequity of the 
initial decision. It is way past time for us to do the same for 
the Lumbee.
    Support for this action is broad and bipartisan. The House 
version was introduced by Democrat colleagues, G.K. 
Butterfield, David Price, Republican colleagues Dan Bishop and 
Richard Hudson. The bill passed the House earlier this month 
with 85 percent of members voting in favor. It also passed the 
House overwhelmingly last Congress.
    It is time for the Senate to do the same. North Carolina 
Governor Roy Cooper, a Democrat, has written a letter urging 
Congressional leaders to pass Lumbee recognition without delay. 
I would ask the Committee to include a copy of that letter in 
the record.
    Similarly, both President Biden and President Trump have 
publicly pledged their support for this legislation. I would 
like to thank in advance Assistant Secretary Newland who 
clearly and unequivocally reaffirms the Administration's 
support of this in his testimony today.
    Mr. Chairman, I pause here for a second because I think 
some would say, with all the Lumbees have been through, that 
they would just crawl in a hole and not play a role in the 
communities they lived in. They did exactly the opposite.
    Without the abilities, without the benefits of Federal 
recognition, this is a tribe under Chairman Godwin's leadership 
now that didn't let the lack of Federal recognition set them 
back. They made sure their books were audited and transparent. 
They went to HUD and they got more money than probably any 
tribe in the Country ever has from HUD, even with recognition, 
because they were a trusted partner.
    When North Carolina was plagued with hurricane after 
hurricane, flood after flood, and many of you remember that 
several years ago, it was Chairman Godwin and the Lumbee 
Indians that stood up and said to FEMA and to the American Red 
Cross, you won't find a better partner than us. Starting with 
the first tragedy through the end, now they are the first call 
that the American Red Cross makes in southeastern North 
Carolina, to the Lumbees, to preposition, because they know 
they are the best source, logistically, to handle the 
challenges that they are going to face at that end of the 
State.
    In summary, the time for excuses is over. The time for 
action is now. It is time to finally do what should have been 
done over 130 years ago. It is time for the Federal Government 
to fully recognize the Lumbee Tribe.
    I respectfully request the support of each one of you in 
helping make this a reality.
    I thank the Chair.
    The Chairman. Thank you, Senator Burr.
    We are now pleased to have our colleague, Senator Thom 
Tillis of North Carolina, to provide his testimony. Please 
proceed.

                STATEMENT OF HON. THOM TILLIS, 
                U.S. SENATOR FROM NORTH CAROLINA

    Senator Tillis. Chairman Schatz, Ranking Member Murkowski, 
and Governor Hoeven and Senator, thank you for having me here. 
One of the beautiful things of following my senior Senator and 
friend after comments like this is that I will just simply 
associate myself with those comments rather than repeat them.
    But I want to give you an idea of my involvement in those. 
Back when I was Speaker of the House is when I first found, 
really, I was aware of the Lumbee Tribe, but wasn't really 
familiar with them in the way I became familiar. I went down 
there. I saw a cultural center, I saw the work that they were 
doing in the community. I learned their history. I learned that 
they had been recognized in 1985 by the State, and they started 
working on recognition in 1988.
    I learned that they took it on themselves to educate their 
children and make sure that their cultural heritage was 
preserved. I learned that by Congressional action, decades 
later, they denied them that privilege. They were not allowed 
to teach their children anymore . I learned that their academic 
performances suffered mightily as a result of that. I think you 
will hear that in Chairman Godwin's comments a little bit later 
on.
    I learned that for 133 years, there was an odd thing going 
on with the Lumbee that is unparalleled by any other tribe that 
has tried to see recognition. I also learned that their 
continued investment is what has produced one of the great 
teaching institutions in our premier university system at the 
University of North Carolina at Pembroke.
    I think in the testimony you are going to hear from 
Chairman Godwin today and from Dr. Hoxie, and previous 
testimony from Professor Campisi, you are going to hear the 
same thing. They have been in our State for hundreds of years. 
They have maintained their cultural identity. They have lived 
in lands that may have shrunk as others took property from 
them, retreating to some of the swamps in Robeson County. But 
they stayed there. They maintained their culture. They made the 
investments, and they deserve to be recognized.
    I should have to say, for the first three years of my 
tenure here as a Senator, I did not sign onto the Lumbee 
recognition bill. When I was called on by the chairman to say, 
why are you doing that, I said, because I don't like making 
promises that I can't keep. Until I can understand how we 
create an environment where we can finally seek recognition, I 
am not going to give you false hope.
    What changed? President Trump supported their recognition. 
President Biden supports their recognition. The Administration 
is going to make a statement today to that effect. The Democrat 
Governor of North Carolina supports their recognition. The 
Republican-led House and Senate legislature supports their 
recognition. The vast majority of people in North Carolina 
support their recognition.
    So I hope as we go through this process that you all will 
understand the importance of this to the Lumbee people, to me 
personally, and help us get their recognition done in this 
Congress. Thank you.
    The Chairman. Thank you very much, Senator Tillis.
    Next, we have Congressman Butterfield from the First 
District of North Carolina.

              STATEMENT OF HON. G.K. BUTTERFIELD, 
            U.S. REPRESENTATIVE FROM NORTH CAROLINA

    Mr. Butterfield. Chairman Schatz, Vice Chair Murkowski, 
thank you so much for the opportunity to address the Committee 
today. It is a real honor for me to do so.
    I would like to offer my unconditional support for the 
Lumbee Recognition Act, which is S. 1364. Today's hearing 
builds upon the tremendous momentum behind Congress finally 
extending full Federal recognition to the Lumbee Tribe of North 
Carolina. I think Senator Burr and Senator Tillis have very 
ably explained to you the history of this matter, and explained 
to you why it is so long overdue.
    Two weeks ago, the House voted overwhelmingly, 357 to 59, 
on a bipartisan basis to pass my bill that is identical to the 
version of Senator Burr's bill which is before the Committee 
today. Senators, the Congress has an opportunity to do the 
right thing and fix an historic wrong by passing the Lumbee 
Recognition Act. Our home State of North Carolina has 
recognized the Lumbee since 1885. Congress recognized the 
Lumbee in the 1950s, but refused to allow the tribe access to 
federally funded services and benefits. What a tragedy. We are 
so long overdue in delivering justice to the tribe.
    The bill before you has tremendous bipartisan support. 
Isn't that good? It has tremendous bipartisan support inside 
and outside North Carolina, as demonstrated by the recent vote 
in the House and President Biden's support for full Federal 
recognition of the Lumbee. Now is the time to do the right 
thing and to get this done.
    Senators, the merits of the Lumbee claim for full Federal 
recognition have long been accepted by our State. It has been 
accepted by academia and even by the Federal Government. It is 
long past time for Congress to give the Lumbee the respect they 
deserve and to treat them, each of them, with the fundamental 
fairness that has been withheld for so many years.
    I urge you to support the Lumbee Recognition Act and stand 
on the right side of history. I want to thank the Chair, I want 
to thank the Vice Chair, thanks Senator Burr, Senator Tillis. 
We are all great friends. We work together whenever we can. 
This is an example of us working together.
    Please pass this Act. I yield back.
    The Chairman. Thank you very much, Congressman, for your 
leadership on this issue and your brevity.
    Next, we have Congressman Issa from the 50th District of 
the State of California. Congressman Issa?

                STATEMENT OF HON. DARRELL ISSA, 
              U.S. REPRESENTATIVE FROM CALIFORNIA

    Mr. Issa. Thank you, Mr. Chairman, Ranking Member 
Murkowski, Governor.
    H.R. 1975 is an interesting piece of legislation, because 
like so many land in trust requests, it represents a rebirth of 
a tribe who was denied all of its land centuries ago, and only 
restored in the previous century. I want to thank tribal 
Chairman Smith of being so understanding of the time it takes 
to do this as we have gone through multiple Congresses, and 
Congressman Ron Vargas who championed this previously.
    The land in trust history for the Pala Tribe is an amazing 
one. This land, this 721 acres, was taken from the tribe many 
years ago. It was used and exploited as a quarry. For more than 
two decades, it was intended to become a landfill on the edge 
of the reservation.
    In no small part because of the sensitivity of the 
environment and the watershed, that never came to be. It fell 
into bankruptcy and of course, had no support for the needed 
repair and maintenance.
    The tribe made the purchase with its own funds, and now 
wants to gift this land in trust, effectively, to the Federal 
Government. I always say it that way because we often 
misunderstand that this land is already theirs. They have 
already purchased it. And they purchased it with money that was 
not a gift from the Federal Government, but from the hard-
earned work of the tribal members.
    This bill has already passed the House overwhelmingly, and 
comes to you as a bipartisan piece of legislation. But I think 
more importantly, it is part of a process. This is the fifth 
land in trust bill that I have brought through the process in 
my 20 years. It is one of dozens that will be needed.
    I represent, second only to the Vice Chairman, probably the 
most number of tribes. I have 18 separate reservations within 
my district. So just like the people of Alaska, the people of 
Oklahoma, we have a large number of wrongs to make right. And 
this is one of them.
    Lastly, if we do not place this in trust, if this were to 
fall back into other use, it would from an environmental 
standpoint likely not be nearly as good for the people of San 
Diego, for the watershed development that it is part of, and 
the like. So it has both environmental and fairness issues.
    So since you complimented the previous person on brevity, I 
will seek to get the same compliment. I want to thank you for 
your understanding and hopefully your quick approval. I yield 
back, Mr. Chairman.
    The Chairman. Thank you very much, Congressman Issa, for 
your leadership and your brevity.
    [Laughter.]
    The Chairman. We will now move to our second panel of 
witnesses. We will give everybody a minute to get situated.
    Turning to our second panel, we have five panelists: the 
Honorable Bryan Newland, Assistant Secretary, Indian Affairs, 
Department of Interior; the Honorable Harvey Godwin, Jr., 
Chairman, Lumbee Tribe, Pembroke, North Carolina; the Honorable 
Robert Smith, Chairman, Pala Band of Mission Indians, Pala, 
California; the Honorable Richard Sneed, Principal Chief, 
Eastern Band of Cherokee Indians, Cherokee, North Carolina; and 
the Honorable Peter Yucupicio, Chairman of the Pascua Yaqui 
Tribe in Tucson, Arizona.
    I want to remind our witnesses that your full written 
testimony will be made part of the official hearing record. 
Please keep your statement to no more than five minutes, so 
that members have time for questions.
    We turn to Mr. Newland, in person, for your testimony.

  STATEMENT OF HON. BRYAN TODD NEWLAND, ASSISTANT SECRETARY, 
               INDIAN AFFAIRS, DEPARTMENT OF THE 
                            INTERIOR

    Mr. Newland. Aanii, mino gigizheb. Good afternoon, Chairman 
Schatz, Vice Chairman Murkowski, Senator Hoeven. Thank you for 
having me back in front of the Committee. My name is Bryan 
Newland, I serve as Assistant Secretary for Indian Affairs at 
the Department of the Interior. While I also would love to be 
complimented for brevity, I have the privilege of speaking to 
four bills. So I want to do them all justice.
    I appreciate the opportunity to speak on those four pieces 
of legislation, S. 1364, the Lumbee Tribe of North Carolina 
Recognition Act, H.R. 1975, the Pala Band of Mission Bands 
Lands Transfer Act, H.R. 2088, the Eastern Band of Cherokee 
Historic Lands Reacquisition Act, and H.R. 4881, the Old Pascua 
Community land Acquisition Act. I am here to express the 
Department's support for all four of these bills.
    When the United States recognizes a tribe as a sovereign 
government, it establishes a formal government-to-government 
relationship with that tribe. Acknowledgement of a tribe is a 
solemn act. Through our Nation's history, both Congress and the 
Executive Branch have exercised their powers under the 
Constitution to recognize tribes and affirm the nation-to-
nation relationship.
    Through the Lumbee Tribe Recognition Act, Congress and the 
Executive Branch would act together to recognize the sovereign 
status of the Lumbee Tribe. Given the unique course of dealings 
between the United States and the Lumbee Tribe, this 
legislation is an appropriate way to recognize the Lumbee 
Tribe. For that reason, we support S. 1364.
    As several members have explained, the Lumbee Tribe has 
worked toward Federal recognition since 1888. While North 
Carolina recognized the Lumbee people in 1885, the tribe faced 
hurdles at the Federal level, complicated by their unique 
history.
    Congressional and departmental actions toward the Lumbee 
have created confusion and caused the Lumbee's request for 
Federal acknowledgement to languish for more than a century. 
The department supports S. 1364, which will finally extend 
Federal recognition to the Lumbee Tribe and make its members 
eligible for services and benefits provided to all members of 
federally recognized tribes.
    The bill also authorizes Interior to take land into trust 
for the tribe and temporarily grants the State of North 
Carolina both civil and criminal jurisdiction on the tribe's 
lands. This Administration understands the importance of 
Federal acknowledgement, and we support the bill to codify the 
government-to-government relationship between the United States 
and the Lumbee people.
    Additionally, the Biden Administration recognizes that 
tribal trust lands provide the foundation for the exercise of 
tribal sovereignty and self-determination. H.R. 1975, 2088, and 
4881 align with the Department's goal to restore tribal 
homelands by transferring land into trust for the Pala Band of 
Mission Indians, the Eastern Band of Cherokee Indians, and the 
Pascua Yaqui Tribe.
    H.R. 1975 directs the Department to take 721 acres of land 
located in San Diego County, California, into trust for the 
Pala Band of Mission Indians and makes it part of their 
reservation. This land includes Chokla, a mountain of great 
cultural significance to the Pala Band and many tribes 
throughout Southern California. Once in trust, the Pala Band 
intends to preserve this land in its natural state.
    The Eastern Band of Cherokee Historic Lands Reacquisition 
Act would take certain Tennessee Valley Authority lands into 
trust for the benefit of the Eastern Band of Cherokee. H.R. 
2088 would place approximately 76 acres of land and 20 acres of 
permanent easements into trust for the Eastern Band. These 
lands are part of the ancestral homelands of the Cherokee 
people. Once in trust, these lands will be used primarily for 
memorializing and interpreting the history and culture of 
Cherokee people, as well as for recreational activities.
    Finally, with respect to H.R. 4881, the Department approved 
earlier this year again a compact between the Pascua Yaqui 
Tribe and the State of Arizona. The compact identifies areas 
within Arizona where the tribe may conduct gaming activities 
and those activities are authorized under IGRA. The tribe and 
the State agreed to them under their gaming compact.
    In the context of H.R. 4881, the area where gaming is 
authorized is referred to as the Compact Designated Area. It 
includes a small area within the city of Tucson, Arizona. The 
bill directs Interior to take land into trust within the 
Compact Designated Area upon the tribe's request.
    The Department supports each of these land into trust 
bills, and our Administration under President Biden is 
committed to restoring ancestral homelands to tribes, ensuring 
tribe exercise economic self-determination on their homelands, 
and assisting tribes in protecting and preserving sacred 
places.
    I want to say megwich, thank you, for the opportunity to 
appear today before the Committee and provide the Department's 
views on these bills. I am happy to answer any questions you 
may have.
    [The prepared statement of Mr. Newland follows:]

  Prepared Statement of Hon. Bryan Todd Newland, Assistant Secretary--
            Indian Affairs, U.S. Department of the Interior
    Aanii (hello) and good afternoon Chairman Schatz, Vice Chairman 
Murkowski, and members of the Committee. My name is Bryan Newland, and 
I serve as Assistant Secretary for Indian Affairs at the U.S. 
Department of the Interior (Department). Thank you for the opportunity 
to present the Department's testimony in support of S. 1364--the Lumbee 
Tribe of North Carolina Recognition Act, H.R. 1975--the Pala Band of 
Mission Indians Land Transfer Act of 2021, H.R. 2088--the Eastern Band 
of Cherokee Historic Lands Reacquisition Act, and H.R. 4881--the Old 
Pascua Community Land Acquisition Act.
Introduction
    Federal acknowledgment of an Indian tribe is the United States' 
recognition of sovereignty in an American Indian or Alaska Native 
tribal government. Tribal sovereignty is the right of self-governance 
and self-determination as a political entity that pre-dates the 
founding of the United States. Federal acknowledgment of tribal 
sovereignty is the bedrock of the nation-to-nation relationship the 
United States shares with the indigenous tribes, pueblos and villages 
that have inhabited this country since time immemorial.
    In the context of today's hearing, the Department appreciates the 
opportunity to express support for and provide comment on S. 1364, 
which provides federal acknowledgment for the Lumbee Tribe of North 
Carolina.
    Another important obligation of the Department is to assist tribes 
with protecting and restoring their homelands by taking land into 
trust. The Biden Administration recognizes that tribal trust lands 
provide the foundation for the exercise of tribal sovereignty and self-
determination, and are essential to the ability of tribal governments 
to provide for the health, safety, and welfare of their communities. To 
that end, this Administration is fully committed to the restoration and 
protection of tribal homelands. H.R. 1975, H.R. 2088, and H.R. 4881 
align with the Department's goal to restore tribal homelands by 
transferring land into trust for the Pala Band of Mission Indians, the 
Eastern Band of Cherokee Indians, and the Pascua Yaqui Tribe.
S. 1364, the Lumbee Tribe of North Carolina Recognition Act
    The Lumbee Tribe of North Carolina (Lumbee, Lumbee Tribe or Tribe) 
has worked to obtain federal recognition since 1888. While the Lumbee 
have been recognized by the State of North Carolina since 1885, they 
have faced hurdles at the federal level with both legislation and the 
administrative process. This has been complicated by the complex 
history of the Lumbee; even the Department itself in the early 1930s 
characterized the Lumbee with many different origins and names, 
including the Croatan Indians, Siouan Indians, Cherokee Indians, and 
Cheraw Indians. The one constant, however, has been that the Lumbee 
have been known as Indians, namely the Indians of Robeson County.
    By 1956, Congress officially designated the Indians then ``residing 
in Robeson and adjoining counties of North Carolina'' as the ``Lumbee 
Indians of North Carolina'' in the Act of June 7, 1956 (70 Stat. 254). 
In doing so, Congress explicitly stated that the Act did not make the 
Lumbee ``eligible for any services performed by the United States for 
Indians because of their status as Indians, and none of the statutes of 
the United States which affect Indians because of their status as 
Indians shall be applicable to the Lumbee Indians.'' This language not 
only made the Lumbee ineligible for certain services, but the language 
was later interpreted by the Department to preclude the Lumbee from 
being considered for federal acknowledgement under the administrative 
process. While this position has since been reversed in recent years, 
the Lumbee are certainly in a unique situation and have worked toward 
federal acknowledgement for over 130 years.
    The Administration supports this legislation. S. 1364 will once and 
for all extend Federal recognition to the Lumbee Tribe of North 
Carolina and make its members eligible for the same services and 
benefits provided to all members of Federally recognized tribes. It 
also allows any group of Indians in Robeson and adjoining counties in 
North Carolina whose members are not enrolled in the Tribe to petition 
for recognition under the administrative process. The bill authorizes 
the Department to take land into trust for the benefit of the Tribe, 
treating lands located within Robeson County as on reservation trust 
acquisitions. Finally, S. 1364 grants the State of North Carolina 
jurisdiction over all criminal offenses committed, and all civil 
actions that arise, on North Carolina lands owned by, or held in trust 
for, the Lumbee Tribe or any dependent Indian community of the Tribe 
unless jurisdiction is transferred to the United States pursuant to an 
agreement between the Tribe and the State.
H.R. 1975, the Pala Band of Mission Indians Land Transfer Act of 2021
    H.R. 1975 directs the Secretary of the Interior to take 
approximately 721 acres of land located in San Diego County, California 
into trust for the benefit of the Pala Band of Mission Indians (Pala 
Band) and makes the land part of the Pala Band's reservation. The land 
is currently owned in fee by the Pala Band and is contiguous to their 
reservation. H.R. 1975 prohibits gaming on the land under the Indian 
Gaming Regulatory Act or any other federal law.
    Importantly, the land includes Chokla, a mountain that is of great 
sacred and cultural significance to the Pala Band and many tribes 
throughout Southern California. The Pala Band purchased the land in 
2016 in an effort to stop the construction of a landfill at the foot of 
Chokla in Gregory Canyon. The land also includes the site of an 
ancestral village, rock art paintings, cultural artifacts, and is home 
to culturally important plants and animals. Once the land is in trust, 
the Pala Band intends to preserve this sacred land in its natural 
state.
    The Department supports H.R. 1975. During our recent consultations 
on the restoration of tribal homelands and the protection of sacred 
sites and treaty rights, we continually heard from tribes regarding the 
importance of restoring tribal homelands to protect sacred sites 
located on those lands. This Administration recognizes the vital 
importance of protecting and preserving tribal sacred sites for future 
generations and we are committed to working with tribes on sacred sites 
issues.
H.R. 2088, the Eastern Band of Cherokee Historic Lands Reacquisition 
        Act
    The Eastern Band of Cherokee Historic Lands Reacquisition Act would 
take certain federal lands managed by the Tennessee Valley Authority 
(TVA) into trust for the benefit of the Eastern Band of Cherokee 
Indians (Eastern Band). H.R. 2088 would place approximately 76.1 acres 
of land, and 19.9 acres of permanent easements, into trust for the 
Eastern Band.
    The Eastern Band is one of three federally recognized Cherokee 
tribes. The ancestral homeland of all three Cherokee tribes includes 
substantial parts of seven eastern states, including Alabama, Georgia, 
Kentucky, North Carolina, South Carolina, Tennessee, and Virginia. In 
1979, the construction of the Tellico Dam by the TVA caused large areas 
of Cherokee ancestral lands along the Little Tennessee River to be 
flooded. Although the Eastern Band opposed the construction of the 
Tellico Dam, the Eastern Band and the TVA were able to work together to 
cooperatively manage impacted areas that were of historic significance 
to the Cherokee people.
    Today, the Eastern Band manages most of the properties subject to 
this bill under permanent easements granted in the mid-1980s. H.R. 2088 
would formalize the Eastern Band's stewardship of this property by 
permanently transferring these parcels to be held in trust by the 
Department on behalf of the Eastern Band.
    If enacted, the lands subject to this bill will be used principally 
for memorializing and interpreting the history and culture of Cherokee 
Indians and recreational activities, to include: a birthplace memorial 
and museum for the eminent Cherokee leader, Sequoyah; memorials to 
Chota and Tanasi as former capitals of the Cherokees; and a memorial 
and place of reinternment for the remains of Eastern Band Cherokee and 
other Cherokee Indians.
    The Department supports H.R. 2088 which aligns with the Biden 
Administration's commitment to restoration of homelands to federally 
recognized tribes. The Eastern Band will have greater ability to honor 
and cherish their history and traditions in Monroe County, Tennessee 
and the property transferred under this bill would honor the historic 
and cultural significance of this area to Cherokee citizens nationwide.
H.R. 4881, the Old Pascua Community Land Acquisition Act
    The Pascua Yaqui Tribe (Tribe) is located in Pima County, Arizona. 
The Tribe currently possesses a combination of lands held in trust by 
the United States and lands it purchased in fee. On May 24, 2021, the 
Department approved the Pascua Yaqui Tribe-State of Arizona Amended and 
Restated Compact (Compact). One of the core functions of the Compact is 
to identify the specific areas and regions within the State wherein the 
Tribe may conduct gaming activities. Such activities are authorized 
under the Indian Gaming Regulatory Act and, as part of the Compact 
negotiation, agreed to by both the Tribe and the State of Arizona. In 
the context of H.R. 4881, the specific areas where gaming is authorized 
is referred to as the ``Compact Designated Area'' which includes the 
area south of West Grant Road, east of Interstate 10, north of West 
Calle Adelanto, and west of North 15th Avenue in the City of Tucson, 
Arizona.
    H.R. 4881 directs the Secretary of the Interior to take land into 
trust within the ``Compact-Designated Area'' at the request of the 
Pascua Yaqui Tribe. The Compact Designated Area includes Old Pascua, an 
ancestral community of the Pascua Yaqui Tribe at which the Tribe 
conducts many sacred rituals. Under H.R. 4881, any of the lands placed 
into trust shall be a part of the Pascua Yaqui Reservation, shall be 
deemed to have been acquired into trust on September 18, 1978, and 
shall be administered in accordance with the laws and regulations 
generally applicable to lands held in trust by the United States for an 
Indian tribe.
    The Department supports H.R. 4881. A critical component of the 
Biden Administration's commitment to restoring tribal homelands is 
ensuring that tribes may pursue economic self-determination on their 
lands. H.R. 4881 is squarely in line with this commitment as it 
provides the Pascua Yaqui Tribe the opportunity to grow its tribal 
economy and to contribute to community and regional economic 
development within the greater Tucson region.
Conclusion
    Restoring tribal homelands is a top priority for the Biden 
Administration and the Department is committed to ensuring all 
federally recognized tribes have a land base over which they can 
exercise their sovereign authority and provide for their citizens. We 
also recognize the importance of Federal acknowledgement for tribes and 
appreciate the opportunity for this Administration to publicly state 
its full support for the Federal recognition of the Lumbee Tribe of 
North Carolina.
    Thank you again for the opportunity to appear before this Committee 
to provide the Department's views on and support for S. 1364, H.R. 
1975, H.R. 2088, and H.R. 4881. We look forward to continuing to work 
with the Committee in support of federal recognition and land into 
trust efforts.

    The Chairman. Thank you very much, Mr. Newland.
    Next, we have the Honorable Harvey Godwin, Jr., the 
Chairman of the Lumbee Tribe of North Carolina.

STATEMENT OF HON. HARVEY GODWIN, JR., CHAIRMAN, LUMBEE TRIBE OF 
                         NORTH CAROLINA

    Mr. Godwin. Chairman Schatz and Vice Chair Murkowski, and 
members of the Committee, I am Harvey Godwin, Jr., Chairman of 
the Lumbee Tribe. We are deeply grateful today from the Lumbee 
people, and thank you and this Committee for hearing our bill 
today.
    It is also with deepest gratitude and respect for my good 
friends, Senator Richard Burr and Senator Thom Tillis, for all 
the great work they have done in supporting our recognition 
efforts over the last few years.
    The Lumbee Tribe is also blessed to have the support of 
North Carolina's Congressional delegation. I would also like to 
thank our good friend, Representative G.K. Butterfield, for 
introducing our bill twice in less than 12 months and getting 
passage through the House.
    I would also like to thank cosponsors Representative Dan 
Bishop and Richard Burr who represent our tribal territory, and 
the other members of the North Carolina delegation.
    I would also like to say that you have our written support, 
we have written support of federally recognized tribes and 
local communities. I would ask your permission to place these 
letters of endorsement into the record today.
    The Chairman. Without objection.
    Mr. Godwin. Thank you.
    I know that you have our lengthy, comprehensive written 
document and 70 supporting documents in hand. I want to thank 
you for allowing me to come in person today, or virtually, as 
in-person as we can be in these times. I am sitting here in the 
Lumbee Tribal Complex in Pembroke, North Carolina, on a 
beautiful autumn day that God has given us.
    I would like to thank Assistant Secretary Newland for this 
historic support from the DOI for our legislation today. Very 
historic, thank you.
    I love my Lumbee people, and I am finishing my second term 
and I am terming out, by the Lumbee Constitution. I presented 
over the last six years to four different committees on full 
recognition for the Lumbee people. It is any Lumbee tribal 
chairman's duty to preserve and protect the Lumbee way of life.
    The Lumbee way of life is exemplified by traditional core 
values. Four of these core values are our belief in God, value 
of an education, as you have already heard, our protection of 
our identity and culture, and our connection to the land. My 
grandparents, like my parents, went to schools and churches in 
the communities that they lived in, communities like Union 
Chapel, Saddletree, Prospect, and also Deep Branch, among many 
others. This has always been and still is Indian Country. It is 
Lumbee Country.
    We also are well-known across the State of North Carolina, 
as you have already heard. We also would like to thank Governor 
Roy Cooper and the leadership of the North Carolina General 
Assembly for their support of full and fair recognition of the 
Lumbee people over the years.
    We have a strong government-to-government relationship with 
the State of North Carolina. We are a distinct Indian community 
and we are unique, we are a very unique people. We observe and 
protect our own history and our own heritage.
    Our ancestors, including my great-grandfathers, Winnie 
[phonetically] Godwin and William Carville Jacobs, were 2 of 44 
men who petitioned Congress for full and fair recognition in 
1888. The reason they did this was to strengthen their ability 
to protect and preserve the communities in which they lived, 
both socially and culturally.
    Although we have been seeking fair recognition since 1888, 
Congress actually caused an additional harm in 1956 when it 
passed the Lumbee Act. In that bill, the Lumbee were both 
recognized and terminated in the same language on the same day. 
The termination era was a significant time in our history, when 
the U.S. had bad dealings with tribal governments. Most tribes 
terminated during that era have been recognized since then. 
There are only two other tribes that have suffered the 
simultaneous recognition and termination at the same time, and 
they both have achieved full and fair recognition through 
legislation since that time.
    Yet the Lumbee remain afflicted by this termination era 
policy. As a direct result of the 1956 Act, we continue to be 
treated by the Federal Government as Indians who just somehow 
don't count. There is a saying that I have heard for years, 
there are federally recognized tribes and State recognized 
tribes, and then there is the Lumbee. But we know who we are. 
The State of North Carolina has known for 130 years who we are. 
It is time for the Federal Government to acknowledge who we 
are. It is time for Congress to undo the harm that it did in 
1956.
    So I am here today as the 19th tribal leader of the Lumbee 
Tribe, and I am before you petitioning once again to urge 
Congress to finally put an end to this injustice and to pass 
Lumbee Bill 1364. The Lumbee Tribe is a sovereign nation, and 
we ask Congress to treat us with the dignity and respect that 
we have earned, not that has been given to us, but that we have 
earned. Today is the day, and now is the time when we can make 
it right for all times coming forward.
    I thank you for listening to my words today, and I will 
accept any questions that you may have.
    [The prepared statement of Mr. Godwin follows:]

 Prepared Statement of Hon. Harvey Godwin, Jr., Chairman, Lumbee Tribe 
                           of North Carolina
Introduction
    Chairman Schatz and Vice-Chairman Murkowski, and members of the 
Committee, thank you for the opportunity to appear before you today in 
support of the Lumbee Recognition Act (S.1364).
    I am the twice-elected Chairman of the Lumbee Tribe of North 
Carolina. I am the descendant of Quinny Godwin and William Corvel 
Jacobs, two of the forty-four tribal leaders who signed a petition to 
the Congress first seeking federal recognition of our people in 1888. I 
am sorry to say that 133 years later, I am the nineteenth Lumbee tribal 
leader to come before Congress, asking yet again for justice and equal 
treatment for our people.
    I would like to express my people's deep appreciation to our long-
time champions on this bill, Senator Burr and Senator Tillis of North 
Carolina. Both Senators have labored tirelessly on our behalf and we 
are humbled and grateful for their efforts. Indeed, Senator Burr has 
sponsored or cosponsored Lumbee recognition legislation in every 
Congress since the 108th Congress.
    I would be remiss if I did not also express our deep gratitude to 
other members of the North Carolina delegation as well. The House of 
Representatives passed the Lumbee Recognition Act (H.R.2758) on a 
bipartisan vote of 357 to 59. This would not have been possible without 
our long-time champion Congressman G.K. Butterfield, cosponsor 
Congressman Dan Bishop, and six other members of the North Carolina 
congressional delegation, including Congressmen Richard Hudson, David 
Price, Deborah Ross, Ted Budd, David Rouzer, and Gregory Murphy. We are 
also deeply honored to have the support of our Governor, the Honorable 
Roy Cooper, and the North Carolina State Legislature. Lumbee history 
will record all of these good people and champions of finally bringing 
justice to the Lumbee people. An identical bill was passed by the House 
last year, and we are proud that Congressman Don Young--the Dean of the 
House--and veteran Congresswoman Betty McCollum were cosponsors of that 
bill.
    Most importantly, I want to underscore today our gratitude to the 
Senate Committee on Indian Affairs. Over the last twenty years, this 
Committee has favorably reported Lumbee recognition legislation to the 
Senate Floor no less than five times. See S. Rep. 112-200 (on S.1218), 
Aug. 2, 2012; S. Rep. 111-116 (on S.1735), Jan. 20, 2010; S. Rep. 110-
409 (on H.R.65), Jul. 8, 2008; S. Rep. 109-334 (on S.660), Sept. 13, 
2006; and S. Rep. 108-213 (on S.420), Nov. 25, 2003. In doing so, this 
Committee has also shown its commitment to bringing justice to our 
Tribe, and we thank you for the taking up our cause once again today. 
The time has come for the Congress to bring this long history to an end 
by enacting our bill and, finally, bringing the Lumbee Tribe into the 
family of federally-recognized tribes where it belongs.
About the Lumbee People
    Home for the Lumbee is Robeson County, North Carolina, and the 
three counties surrounding it--Scotland, Hoke and Cumberland Counties. 
This area has been our homeland since time immemorial. As non-Indians 
began to settle and overtake our traditional homelands, we took refuge 
in the swamps of Robeson County to find protection, and we have been 
there ever since. No matter where a Lumbee goes or moves, home will 
always be in our Tribal Territory.
    Our kinship ties to each other define our people. We have just over 
60,000 enrolled tribal members. We maintain close ties and tend to live 
in communities, what you might call neighborhoods, that are made up 
almost entirely of Lumbee people. Because of the geographic 
concentration of our people, we attend schools and churches that are 
mostly Lumbee and usually marry other Lumbees. We have historic Lumbee 
institutions in our community that reinforce these community ties. For 
example, we have church conferences that consist solely of Lumbee 
churches, such as the Burnt Swamp Baptist Association, which was formed 
around the turn of the twentieth century. There is also a separate 
Methodist conference for our Indian churches. These uniquely Lumbee 
institutions are well known throughout southeastern North Carolina and, 
indeed, throughout Indian country.
    We also survived despite the federal government's failure to extend 
the full measure of recognition to us by focusing on education as a 
core value of the Lumbee people. Shortly after the Tribe was recognized 
by the State of North Carolina in 1885, the State authorized the Tribe 
to run the State's school district for our Lumbee children. Tribal 
leaders controlled it completely and enrollment was limited to Lumbee 
children only. Two years later, we opened a special advanced Indian 
school known as a ``normal school'' to train teachers for our Indian 
school. Although the State provided no money for construction of 
facilities, our people managed to pull together and construct an Indian 
normal school. That Indian normal school has been continuously in 
operation--and we are proud to say today it is the University of North 
Carolina at Pembroke.
Full Federal Recognition is Long Overdue, and Should Be Granted by 
        Congress
    The Lumbee people have been petitioning Congress for full federal 
recognition since 1888 when we first requested that the federal 
government--consistent with its federal trust obligation to Indian 
tribes--provide us with federal assistance for our Indian schools. 
Congress referred the request to the Department of the Interior, which 
refused to help because it said there were ``too many'' of us and too 
little money available, so no services would be provided to the Lumbee. 
This would not be the last time that the Department of the Interior 
would place protection of its budget above the welfare of the Lumbee 
people.
    Between 1888 and 1956, as many as a dozen bills were introduced in 
Congress to extend full federal recognition to our Tribe following on 
the heels of the State of North Carolina's own laws to recognize the 
Tribe. In 1956--unfortunately for the Lumbee people--in the middle of 
the termination era, Congress again took up and enacted one of these 
bills, but at the insistence of the Department of the Interior, 
Congress adopted an amended version that terminated the Tribe's 
eligibility for federal services for no better reason than to excuse 
Interior from having to use it budget to serve an additional Indian 
population. As a result, Congress essentially terminated the Tribe just 
as it recognized it.
    When the House Natural Resources Committee held a hearing in the 
116th Congress on H.R. 1964, a bill that is identical to the bill being 
considered by the Senate Indian Affairs Committee today, it received 
written testimony from Dr. Fred Hoxie relating to our Tribe's history 
and the imperative of congressional action to confirm Lumbee's 
recognition. I am attaching that testimony to my written statement here 
and ask that it be included in this hearing's record.
Major Provisions of the Bill
    The recognition bill before you, S.1364, would amend the 1956 
Lumbee Act by repealing the offensive termination of services language 
and extending full federal recognition to the Tribe. It also defines 
the service area of the Tribe as Robeson, Cumberland, Hoke, and 
Scotland Counties, North Carolina, our traditional territory and where 
the overwhelming majority of our members reside today. For the purpose 
of delivering those services, S.1364 directs the Secretaries of 
Interior and Health and Human Services to develop a budget to meet the 
Tribe's needs, in consultation with the Tribe. This will be done 
following the verification of the Tribe's roll by the Secretary of the 
Interior; S.1634 imposes a two-year deadline on the process, which is 
triggered by the Tribe's submission of a digitized roll.
    The bill also addresses two issues that are important to the Tribe. 
First, the Secretary is authorized to place land into trust for the 
Tribe under the Indian Reorganization Act. This will allow the Tribe to 
finally acquire a land base, one on which the Tribe can fully exercise 
its selfgoverning authority under federal law and provide for its 
people. This provision is necessary to avoid the uncertainty created by 
the Supreme Court's decision in Carcieri v. Salazar. Second, the bill 
authorizes the State of North Carolina to exercise criminal and civil 
jurisdiction over the Tribe's territory, just as other states have done 
under Public Law 280. Importantly for the Tribe, it also authorizes the 
transfer of this jurisdiction back to the United States, following an 
agreement between the State and the Tribe to do so. These two 
provisions are essential to allow the Tribe to fully exercise its 
inherent powers of self-government.
    Thus, passage of S. 1364 will rectify the injustice Congress 
created in 1956 when it made the Lumbee people second class Indians. It 
will put us on an equal footing with tribes that enjoy full federal 
recognition. Congress has already done this for the only two other 
tribes it put this position of being ``partly recognized and partly 
terminated.'' Congress rightfully corrected its error and has fully 
recognized these two other tribes, the Pascua Yaqui Tribe of Arizona in 
1978 and the Ysleta del Sur Pueblo of Texas in 1987. Congress is 
overdue in doing the same for the Lumbee Tribe.
Continued Delay is Causing Continuing Harm
    How many generations of Lumbee elders must we lose before the 
federal government ceases to treat us as a second-class tribe? How many 
generations of our children must grow up without enjoying the benefits 
of a federally-protected homeland over which the Lumbee Tribe can 
exercise true sovereignty and self-determination? How much longer will 
we be deprived of the ability to engage in government-to-government 
consultation of federal agency policies and decisionmaking that may 
impact natural resources and cultural sites that require protection? 
How much longer will our non-federal status hinder our ability to 
access federal resources and to respond swiftly and comprehensively to 
natural disasters like the storms that have devastated our tribal 
community in the last three years? The long delay in extending full 
federal recognition has real life consequences.
    Without full federal recognition, we are unable to benefit from a 
federally-protected reservation. We have no land on which to exercise 
our fundamental right of self-determination and self-government, no 
land on which we can exert our own jurisdiction, no land on which we 
may exercise our sovereignty as a government. These limitations 
profoundly impact our government's ability to improve the quality of 
life for the Lumbee people, and to make decisions to determine our own 
future.
    Without full federal recognition, we cannot operate own schools and 
make our own determination of how to best provide for our children. The 
Tribe operated its own school system for its children for nearly one 
hundred years, until a federal judge told us we could not do so because 
we are not federally recognized. Our children have since not reached 
the levels of achievement they had when we had control of our own 
schools. We want to have that control returned to our people.
    Without full federal recognition, we cannot plan for and protect 
ourselves from natural disasters. Southeastern North Carolina is 
subject to ever increasingly violent hurricanes. During my first term 
as Chairman, two hurricanes overwhelmed our Tribal Territory--Hurricane 
Matthew in 2016 and Hurricane Florence in 2018. Both devastated our 
community, flooding homes, schools, churches, and work places. 
Unfortunately, because of our current status, we are not eligible for 
federal ``Imminent Threat Grant Funding'' for natural disaster 
preparation--this aid is reserved only for fully federally recognized 
tribes.
Conclusion
    We are a proud sovereign people who have held on to our culture, 
our traditions, and our community. We have maintained our integrity 
through war and peace, through the brutal federal policies of removal, 
assimilation and termination, through state segregation and through 
federal neglect. We have won the friendship and respect of the non-
Indian community around us, of our nearby local governments, and of the 
great State of North Carolina. The Lumbee Tribe and its members have 
served in the United States military services with valor and 
distinction. The Lumbee Tribe's long and proud history of self-
sufficiency and independence is too often discounted and disrespected 
because we lack the stamp of approval of the United States as a fully 
federally-recognized tribe.
    It is high time that the United States exercise its responsibility 
to put an end to the treatment of the Lumbee as a second-class tribe. 
The pending legislation is the last of a long line of federal bills 
over the course of more than a century that would extend full 
recognition to the Lumbee Tribe. We have full faith in the Members of 
this Committee to once again appreciate the importance of full federal 
recognition for our Tribe and the role you can play in correcting this 
historical injustice.
    I thank you for your time today and look forward to answering any 
questions you may have.

        The testimony of Frederick E. Hoxie before U.S. House of 
        Representatives Natural Resources Committee Sub-Committee on 
        Indigenous Peoples of the United States on H.R. 1964, the 
        Lumbee Recognition Act of 2019 (December 4, 2019) has been 
        retained in the Committee files and can be found at:

        https://naturalresources.house.gov/imo/media/doc/
        Dr.%20Frederick%20Hoxie%20Testimony%2012.4.19%20IPS%
        20hearing_Campisi%20Statement.pdf

    The Chairman. Thank you, Mr. Chairman.
    Next, we have the Honorable Robert Smith, the Chairman of 
the Pala Band of Mission Indians in Pala, California.

STATEMENT OF HON. ROBERT SMITH, CHAIRMAN, PALA BAND OF MISSION 
                            INDIANS

    Mr. Smith. Good afternoon, Chairman Schatz and Vice Chair 
Murkowski, honorable members of the Committee. My name is 
Robert Smith, Chairman of the Pala Band of Mission Indians, 
located in San Diego County. I have been elected chairman since 
1989, and have been proud to serve the Cupeno and Luiseno 
people of Pala for many years.
    It is an honor to sit before you today on behalf of my Pala 
people and ask for support of House Resolution 1975, sponsored 
by Representative Darrell Issa. For nearly 30 years, since 
before I became Pala's chairman, we fought to stop a proposed 
landfill from being built in Gregory Canyon, immediately 
adjacent to the Pala Reservation. The landfill would have 
covered the slopes of one of our sacred mountains with garbage. 
The mountain, Chokla, is the home of one of the First People, 
the spirit Takwish.
    To prevent this desecration, Pala ended up buying 
approximately 700-plus acres of the proposed landfill property 
in 2016. This was a great victory not just for Pala, but for 
Indian people throughout Southern California who honor Takwish 
and his many homes.
    Because the land is so important to us, we want to bring it 
into trust as a part of the Pala Reservation. It is part of the 
Luiseno traditional landscape, and it is land that has been 
occupied by Native peoples since time immemorial. The property 
is contiguous to the Pala Reservation, and in addition to being 
one of Takwish's sacred homes, it is also an ancestral village, 
rock art paintings, and artifacts, as well as culturally 
important plants and animals.
    While Pala has taken preliminary steps towards pursuing the 
fee to trust process through the Bureau of Indian Affairs, that 
process that can take several years, which is why we asked 
Congressman Issa to assist us via the legislative process. The 
sooner our sacred land is in trust, the sooner we can protect 
and preserve the site.
    Pala has no desire nor intention to develop this land in 
any way. Pala has a successful gaming operation already, so 
there is no need for more land for this purpose. Even if there 
were, the property is very steep and rugged and would be very 
difficult to develop. And even more important, as already 
stated: it is sacred to us. We will manage the land in its 
natural state, and provide the traditional stewardship to the 
sacred landscapes that Indian people have always maintained.
    Putting the land into trust and making it a part of the 
Pala Reservation will allow us to provide the protection that 
the sacred Chokla deserves. Passing this bill is the most 
efficient and reasonable way for us to achieve this result.
    What we are asking for is very simple. This land needs the 
protection that Federal trust status provides. H.R. 1975 passed 
the House on a bipartisan vote of 397 to 25. Again, I ask for 
your support so that the bill can advance to the Senate for 
passage and help us protect our sacred lands.
    Thank you.
    [The prepared statement of Mr. Smith follows:]

Prepared Statement of Hon. Robert Smith, Chairman, Pala Band of Mission 
                                Indians
    Chairman Schatz, Vice-Chairman Murkowski, and honorable members of 
the Committee: My name is Robert Smith. I am the Chairman of the Pala 
Band of Mission Indians, located in San Diego County, California. I 
have been Pala's elected Chairman since 1989, and I am proud to have 
represented the Cupeno and Luiseno people of Pala for these many years. 
It is an honor to sit before you today on behalf of the Pala people and 
ask for your support of House Resolution 1975, sponsored by 
Representative Darrell Issa.
    For nearly 30 years, since before I became Pala's chairman, we 
fought to stop a proposed landfill from being built in Gregory Canyon, 
immediately adjacent to the Pala Reservation. The landfill would have 
covered the slopes of one of our sacred mountains with garbage. This 
mountain, Chokla, is the home of one of the First People, the spirit 
Takwish. To prevent this desecration, Pala ended up buying 
approximately 700 acres of the proposed landfill property in 2016. This 
was a great victory not just for Pala, but for Indian peoples 
throughout Southern California who honor Takwish and his many homes.
    Because this land is so important to us, we want to bring it into 
trust as a part of the Pala Reservation. It is part of the Luiseno 
traditional landscape, and it is land that has been occupied by Native 
peoples since time immemorial. The property is contiguous with the Pala 
Reservation, and in addition to being one of Takwish's sacred homes, it 
is also the site of an ancestral village, rock art paintings, and 
artifacts, as well as culturally important plants and animals. While 
Pala has taken preliminary steps towards pursuing the fee to trust 
process through the Bureau of Indian Affairs, that process that can 
take several years, which is why we asked Congressman Issa to assist us 
via the legislative process. The sooner our sacred land is in trust, 
the sooner we can protect and preserve it.
    Pala has no desire nor intention to develop this land in any way. 
Pala has a successful gaming operation already, so there is no need for 
more land for this purpose; and even if there were, the property is 
very steep and rugged and would be very difficult to develop. And even 
more important, as already stated: it is sacred to us. We will manage 
the land in its natural state, and provide the traditional stewardship 
to the sacred landscapes that Indian people have always maintained. 
Putting the land into trust and making it a part of the Pala 
Reservation will allow us to provide the protection that sacred Chokla 
deserves. Passing this bill is the most efficient and reasonable way 
for us to achieve this result.
    What we are asking for is very simple. This land needs the 
protection that federal trust status provides. HR 1975 passed the House 
on a bipartisan vote of 397 to 25. I ask for your support so that the 
bill can advance to the Senate for passage and help us protect our 
sacred landscapes. Thank you.

    The Chairman. Thank you very much.
    Next, we have the Honorable Richard Sneed, Principal Chief, 
Eastern Band of Cherokee Indians, Cherokee, North Carolina.

STATEMENT OF HON. RICHARD SNEED, PRINCIPAL CHIEF, EASTERN BAND 
                      OF CHEROKEE INDIANS

    Mr. Sneed. [Greeting in Native tongue.] Chairman Schatz, 
Vice Chair Murkowski, thank you for the opportunity to provide 
this testimony on behalf of the Eastern Band of Cherokee 
Indians on H.R. 2088, the Eastern Band of Cherokee Historic 
Lands Reacquisition Act. It is an honor for me to appear before 
this Committee.
    Since before the coming of Europeans to this continent, the 
Cherokee have lived in the southeastern part of what is now the 
United States, in the States of North Carolina, Tennessee, 
South Carolina, Alabama, Georgia, Kentucky, and Virginia. In 
the same time since this Country was founded, the Cherokee have 
faced unending threats to our very existence. The Cherokee 
endured the Trail of Tears where more than 15,000 Cherokee 
Indians were forcibly removed by the U.S. Army from their 
ancestral homelands to the Indian Territory as part of the 
Federal Government's American Indian Removal Policy. Thousands 
died. The Cherokee came to call the event Nunahi-Duna-Dlo-Hilu-
I or Trail Where They Cried.
    The Eastern Band of Cherokee Indians are the descendants of 
those Cherokees who resisted removal in the Great Smoky 
Mountains and escaped the Trail of Tears or who were able to 
return to their homeland in the Great Smoky Mountains after the 
Trail of Tears. The Eastern Band today is a tribal nation 
recognized by the United States as a sovereign with inherent 
rights of self-government, like the several States and foreign 
nations. We have a separate language and culture that makes us 
different than any people group in the world.
    Leadership of the Cherokee and the Cherokee people 
themselves, with tenacity and determination, have fought to 
ensure that our way of life, our beliefs, and our sovereignty 
will survive. And we are still here today. We continue to fight 
to protect our way of life, our sovereignty and our Cherokee 
identity from any who would try to wrongfully claim it as their 
own.
    The Eastern Band Cherokee Historic Lands Reacquisition Act 
would return about 76 acres of land back to us, key historic 
sites that fell out of our ownership in tougher days. The 
legislation also would grant two permanent easements over TVA 
property to be held in trust for the Tribe for creating 
recreational trails between the sites.
    These properties commemorate and interpret historic people 
like Sequoyah, towns such as the historic Cherokee capital at 
Chota, and the culture of the Cherokee during the period from 
the early 1700s through 1840, and are also associated with and 
interpret the Trail of Tears. The properties are located in 
Monroe County, Tennessee, near the town of Vonore and are 
adjacent to Tellico Lake, the reservoir behind TVA's Tellico 
Dam.
    This bill celebrates not only a time in Cherokee history 
when we lived in Tennessee, but also the return of the Cherokee 
People as a modern, living people, with a living culture and 
language, and traditions that have survived from ancient times, 
back to Tennessee.
    Like our relationship with the United States, relations 
between the Cherokee People and the State of Tennessee have not 
always been congenial. Our historic relationship with Tennessee 
has been a troubled one, marked by Cherokee governance, 
conflict, broken promises, and accommodation for Cherokee 
survival.
    When President Andrew Jackson, who fought side-by-side 
Cherokees in the War of 1812, decided that we should not have 
rights to our lands in the Southeast, we moved our base of 
government from what is now Georgia right across the State line 
into what is now Red Clay, Tennessee. Soon after, the historic 
Cherokee Nation was forced to give up our lands.
    The Eastern Band Cherokees found refuge in our aboriginal 
territory in the State of North Carolina and the Great Smoky 
Mountains from forced removal, and we remain in a small portion 
of our original homelands. Through all of this, the Cherokee 
people have persevered and even prospered.
    Our Tribe has been committed to improving these lands 
through the development of the Sequoyah Birthplace Museum. The 
Friends of Sequoyah, which provides sponsorship of the museum, 
has also worked to install historic markers adjacent to the 
Tellico Reservoir and the museum staff provides continuing 
maintenance of this property through the current TVA easement.
    We have had an ongoing partnership with the TVA since the 
construction of the Tellico Dam. It was the intention of the 
original agreement to place this land into trust status. 
Unfortunately, complications with the land into trust processes 
at the time of the agreement made an easement the better option 
for completing the Tellico project.
    This legislation marks a new era of respect and 
appreciation between the Cherokee People, the United States, 
and the State of Tennessee. We welcome this new era and our 
Tribe is committed to continuing to work toward improving our 
respective sovereigns as friends and neighbors.
    I believe these lands should be returned to our people for 
the continued protection of important Cherokee historic sites. 
Our tribe is committed to improving the educational resources 
of the Sequoyah Birthplace Museum and to providing a means for 
economic development for the local community. We will continue 
our long-valued relationship with the TVA in order to maintain 
the integrity of the Tellico Reservoir and to preserve the 
resources of this area for our mutual benefit.
    I thank you for the honor of the opportunity to testify in 
support of this important bill.
    [The prepared statement of Mr. Sneed follows:]

Prepared Statement of Hon. Richard Sneed, Principal Chief, Eastern Band 
                          of Cherokee Indians
    Chairman Schatz and Vice Chairman Murkowski, thank you for the 
opportunity to provide this testimony of behalf of the Eastern Band of 
Cherokee Indians on H.R. 2088, the ``Eastern Band of Cherokee Historic 
Lands Reacquisition Act.'' It is an honor for me to appear before this 
Commitee.
    Since before the coming of Europeans to this continent, the 
Cherokee have lived in the southeastern part of what is now the United 
States, in the states of North Carolina, Tennessee, South Carolina, 
Alabama, Georgia, Kentucky, and Virginia. In the time since this 
country was founded, the Cherokee have faced unending threats to our 
very existence. The Cherokee endured the Trail of Tears where more than 
15,000 Cherokee Indians were forcibly removed by the U.S. Army from 
their ancestral homelands to the Indian Territory as part of the 
federal government's American Indian Removal Policy. Thousands died. 
The Cherokee came to call the event Nunahi-Duna-Dlo-Hilu-I or Trail 
Where They Cried.
    The Eastern Band of Cherokee Indians are the descendants of those 
Cherokees who resisted removal in the Great Smoky Mountains and escaped 
the Trail of Tears or who were able to return to their homeland in the 
Smoky Mountains after the Trail of Tears. The Eastern Band today is a 
Tribal Nation recognized by the United States as a sovereign with 
inherent rights of self-government, like the several states and foreign 
nations. We have a separate language and culture that makes us 
different than any group of people in the world. Leadership of the 
Cherokee and the Cherokee people themselves, with tenacity and 
determination, have fought to ensure that our way of life, our beliefs, 
and our sovereignty will survive. And we are still here today--and we 
continue to fight to protect our way of life, our sovereignty and our 
Cherokee identity from any who would try to wrongfully claim it as 
their own.
    The ``Eastern Band Cherokee Historic Lands Reacquisition Act'' 
would return about 76 acres of land back to us, key historic sites that 
fell out of our ownership in tougher days. The legislation also would 
grant two permanent easements over TVA property to be held in trust for 
the Tribe for creating recreational trails between the sites. These 
properties commemorate and interpret historic people like Sequoyah, 
towns such as the historic Cherokee capital at Chota, and the culture 
of the Cherokee during the period from the early 1700s through 1840, 
and are also associated with and interpret the Trail of Tears. The 
properties are located in Monroe County, Tennessee, near the town of 
Vonore and are adjacent to Tellico Lake, the reservoir behind TVA's 
Tellico Dam. This bill celebrates not only a time in Cherokee history 
when we lived in Tennessee but also the return of the Cherokee People--
as a modern, living People, with a living culture and language, and 
traditions that have survived from ancient times--back to Tennessee.
    Like our relationship with the United States, relations between the 
Cherokee People and the State of Tennessee have not always been 
congenial. Our historic relationship with Tennessee has been a troubled 
one, marked by Cherokee governance, conflict, broken promises, and 
accommodation for Cherokee survival. When President Andrew Jackson, who 
fought side-by-side Cherokees in the War of 1812, decided that we 
should not have rights to our lands in the Southeast, we moved our base 
of government from what is now Georgia right across the state line into 
what is now Red Clay, Tennessee. Soon after, the historic Cherokee 
Nation was forced to give up our lands. The Eastern Band Cherokees 
found refuge in our aboriginal territory in the state of North Carolina 
and the Great Smoky Mountains from forced removal, and we remain in a 
small portion of our original home lands. Through all of this, the 
Cherokee people have persevered and even prospered.
    Our Tribe has been committed to improving these lands through the 
development of the Sequoyah Birthplace Museum. The Friends of Sequoyah, 
which provides sponsorship of the Museum, has also worked to install 
historic markers adjacent to the Tellico Reservoir and the Museum staff 
provides continuing maintenance of this property through the current 
TVA easement. We have had an ongoing partnership with the TVA since the 
construction of the Tellico Dam. It was the intention of the original 
agreement to place this land into trust status. Unfortunately, 
complications with the land into trust processes at the time of the 
agreement made an easement the better option for completing the Tellico 
project.
    This legislation marks a new era of respect and appreciation 
between the Cherokee People, the United States, and the State of 
Tennessee. We welcome this new era and our Tribe is committed to 
continuing to work toward improving our respective sovereigns as 
friends and neighbors.
    I believe these lands should be returned to our people for the 
continued protection of important Cherokee historic sites. Our Tribe is 
committed to improving the educational resources of the Sequoyah 
Birthplace Museum and to providing a means for economic development for 
the local community. We will continue our long-valued relationship with 
the TVA in order to maintain the integrity of the Tellico Reservoir and 
to preserve the resources of this area for our mutual benefit.
    Thank you for the honor of the opportunity to testify in support of 
this important bill.

    The Chairman. Thank you very much. Next, we have the 
Honorable Peter Yucupicio, Chairman of the Pascua Yaqui Tribe 
in Tucson, Arizona.

STATEMENT OF HON. PETER YUCUPICIO, CHAIRMAN, PASCUA YAQUI TRIBE

    Mr. Yucupicio. [Greeting in Native tongue.] Thank you. 
Chairman and members of the Committee, permission of our 
ancestors, permission of our Creator, permission of our tribal 
council, our people, and the tribal leaders that are there 
today.
    My name is Peter Yucupicio, I am the Chairman of the Pascua 
Yaqui Tribe. I am here today to ask you for your support to 
pass H.R. 4881, the Old Pascua Community Land Acquisition Act, 
which passed the House in an overwhelming vote, a testament to 
the merits of the bipartisan bill. I am happy to report that 
Senator Sinema also has introduced a companion bill in the 
Senate for which we are appreciative.
    With this Committee's support, we are hoping that the Old 
Pascua Community Land Acquisition Act can be moved through the 
Senate quickly. Under H.R. 4881, the Department of Interior 
would take certain parcels of tribally owned fee land located 
in the historic tribal community of Old Pascua into trust for 
the benefit of the tribe. This legislation would protect one of 
the most important cultural sites while also providing great 
economic benefit for the tribe and for the surrounding 
community in the form of millions of dollars of investment and 
the creation of hundreds, if not thousands, of new jobs.
    The legislation also permits a provision in our federally 
approved compact with the State of Arizona, and is consistent 
with our intergovernmental agreement with the City of Tucson. 
Finally, it begins the fulfillment of Congressional promises to 
support the expansion of the tribe's land base.
    In the late 19th and early 20th century, numerous Yaqui 
communities were established in and around Old Pascua. Since 
1921, the Old Pascua cultural plaza and church, which has 
served as the oldest formally established Yaqui community in 
Tucson. For generations, the Yaquis have gathered at the Old 
Pascua cultural plaza to hold ceremonies, including 
processionals. The cultural plaza is owned by the Pascua Yaqui 
Tribe and is on the National Register of Historic Places as a 
traditional cultural property.
    Protecting this land for all time by putting it into trust 
status is of the upmost importance to the tribe. The tribe has 
spent the last several years in extraordinarily successful 
discussions with the State regarding a gaming compact that 
expressly provided for the land at Old Pascua to be the five-
acre gaming facility.
    The compact, which was entered into by the State and 20 
Arizona tribes, then approved by the Federal Government, 
expressly provides for the compact designated area, essentially 
the land in Old Pascua, where the tribe can establish a gaming 
property after Congress approves taking the land into trust. In 
parallel with the negotiation of the compact, the tribe and the 
city of Tucson executed an intergovernmental agreement for this 
land that expressly covers taxation, jurisdiction, municipal 
services, like trash, water, electricity, and tribal payments 
in lieu of taxes.
    The project's operation will create a possibly 500 total 
direct jobs that also will generate approximately about $17 
million in direct wages in the city and county and spending in 
the range of $12 million to $12.5 million in vendor spending in 
the city and the county in southern Arizona.
    Another net positive economic impact will be an increase in 
wages in the region, an increase in tax revenues to the State 
and local governments, and additional revenues to the city of 
Tucson through our IGA. The new property will pay annual taxes 
of approximately $8.3 million, including distributions to the 
State payroll taxes and sales taxes. Recognizing that the 
tribe's withholdings were insufficient for its needs, in 1994, 
Congress, this Committee, directed the Secretary of the 
Interior to conduct a land study for the tribe. A land study 
would determine that the existing land base of our 22,000-
member tribe is inadequate. For that establishment of a diverse 
economic base and basic housing needs, the acquisition of Old 
Pascua lands into trust would partially fulfill this 
Congressional initiative, while facilitating tribal self-
determination, economic development, and housing.
    On behalf of my nation, I want to thank you for your time. 
We have a long and positive relationship with this Committee 
that we pray continues to grow and remain prosperous. As we say 
back home, here in my home, Enchy mampo tawak, ``It's in your 
hands.'' Lios aapo enchim. May God be with you, all of you 
always. May the good Lord bless all of our tribes throughout 
the Country and our Congressional people who are trying to do a 
good job. Blessings. Thank you very much on behalf of the 
Pascua Yaqui Tribe.
    [The prepared statement of Mr. Yucupicio follows:]

  Prepared Statement of Hon. Peter Yucupicio, Chairman, Pascua Yaqui 
                                 Tribe
I. Introduction
    Lios enchim aniavu, Chairman Schatz, Vice Chair Murkowski, and 
members of the Committee. My name is Peter Yucupicio, and I am the 
Chairman of the Pascua Yaqui Tribe of Arizona (``the Tribe''). I am 
here today to ask for your support to pass H.R. 4881, the Old Pascua 
Community Land Acquisition Act. This legislation would implement a 
provision in our recently federally approved compact with the State of 
Arizona. It is also consistent with our inter-governmental agreement 
with the City of Tucson and is in line with the established 
congressional understanding that the Pascua Yaqui Tribe needs to 
develop a larger land base--in this case, land that is of great 
cultural and historic importance to the Tribe, while also suitable for 
economic development that would greatly benefit both the Tribe and the 
surrounding community in the form of millions of dollars of investment 
and the creation of thousands of new jobs.
    First and foremost, I would like to acknowledge and express our 
appreciation. Our tribe has a long and substantial history of working 
with Congressmen and Senators like yourselves, here in Washington D.C., 
past and present, who have been champions for the Yaqui people. As you 
know, Congressmen Mo Udall, Ed Pastor, and of course, the late, great, 
Senator John McCain all sponsored legislation on our behalf, and for 
that we will always be grateful. These gentlemen worked tirelessly to 
support our efforts to secure a small land base for our people, obtain 
federal recognition, and re-affirm our status as a historic tribe with 
all the attributes of a sovereign nation. We owe a debt of gratitude to 
these elder statesmen who treated our government-to-government 
relationship with respect and who have helped our tribe prosper over 
many decades to where we are today.
    I am also happy to report, as you know, that H.R. 4881 passed the 
House on November 2, 2021, on an overwhelming bipartisan vote of 375-
45-1--a testament to the merits of the bill, which will both protect 
cultural sites of great importance to our people, as well as create 
hundreds of jobs to benefit not only the Pascua Yaqui, but also the 
surrounding communities.
(A) Purpose of the bill/law
    We are here today seeking to have land put into trust for our tribe 
in our historic community of Old Pascua in accordance with agreements 
that we have reached with both the State of Arizona and the City of 
Tucson. In total, this includes approximately 31 acres of land the 
tribe currently owns in fee. We have two purposes for placing this land 
into trust: first, to preserve our cultural grounds where we have held 
religious ceremonies for over one hundred years; and second, to develop 
economic opportunities for our tribal members and provide the benefits 
of economic development to the surrounding community. Under the bill, 
Congress would direct the Department of the Interior to take certain 
parcels of tribally owned fee land, located in the community of Old 
Pascua, in Tucson, Pima County, Arizona, into trust for the benefit of 
the Tribe, for cultural purposes, economic development, and gaming.
    Transferring these lands into trust will protect and promote our 
sacred cultural spaces for our people and support our participation in 
Yaqui cultural events, and tribal affairs, while also fostering the 
ongoing transmission of Yaqui knowledge, culture, history and 
traditions, and the continuity between our past and our future. Equally 
as important, the trust acquisition will help raise the standard of 
living in the Old Pascua Community, helping our families to live 
modestly through economic development, and the promotion of self-
sufficiency by extending opportunities for our children, grandchildren, 
neighbors, and future generations.
    The land should be made part of the Tribe's current reservation and 
Congress should make findings that the proposed fee to trust transfer 
at Old Pascua would be in the best interest of the Tribe, and that the 
Tribe has historic, ethnographic, and cultural ties to the land.
(B) Background on the Pascua Yaqui Tribe
    The Pascua Yaqui Tribe is a federally recognized tribe with a 
reservation southwest of Tucson, Arizona, recognized pursuant to the 
Act of September 18, 1978, P.L. 95-375 (92 Stat. 712), as amended, and 
the Indian Reorganization Act of 1934 (48 Stat. 984) (IRA). The Tribe 
is an historic tribe with a small, 2,216-acre Reservation established 
for the use and benefit of the tribe's 22,000 members. The Pascua Yaqui 
are of an ancient and enduring people, indigenous to this land. The 
Tribe recognizes cultural affiliation with the Ancestral Sonoran Desert 
People and with our related cultural communities throughout the Greater 
Southwest region, including the areas that now make up the United 
States Southwest and Northwest Mexico. Evidence of the affiliation 
among Yaqui ancestors and those of other contemporary cultural 
communities in the region can be found in cultural, ritual, 
cosmological, linguistic, and other threads of continuity in ancestral 
places and within our communities today. As the late community leader 
Anselmo Valencia Tori stated to the U.S. House of Representatives 
Committee on Natural Resources, Subcommittee on Indian Affairs in 1993, 
``The aboriginal boundaries of the Yoemem (presently known as Yaqui 
Indians) stretched from north as far as Durango, Colorado; west as far 
as Yuma, Arizona, and some parts of California; east through New Mexico 
and Arizona and south as far as the southern tip of Sonora, Mexico.'' 
We have lived in the area, including what is now the southwestern 
United States and northern Mexico, since time immemorial. As early as 
the 1690s, the Tumacacori area became the earliest recorded settlement 
of Yaquis in what later became Arizona.
    Holders of Hiaki (Yaqui) cultural knowledge tell of ancient Yaqui 
settlements along the river now known as the Santa Cruz, and of trade 
between Yaqui ancestors and their neighbors. Material evidence of this 
interaction among the people of the region, including Yaqui ancestors, 
can be found in the immediate vicinity of Old Pascua Village, and even 
within the boundaries of the lands proposed for transfer into trust for 
the Tribe. Ancestors' communities in the Tucson basin and elsewhere in 
the Arizona Sonoran Desert region, labeled by archaeologists as ``Early 
Agriculture,'' ``Early Ceramic,'' and ``Hohokam'' provide evidence of 
the movement of people and goods throughout the region, including areas 
now known as Sonora and Arizona. Specifically confirming the 
associations between the coast of the Gulf of California, where the 
historically identified Yaqui homeland is found, and the ancient 
residents of the Old Pascua vicinity, are significant quantities of 
marine shell from Gulf species found at the Santa Cruz Bend, Square 
Hearth, and Stone Pipe sites. \1\ These sites date primarily to the 
Early Agriculture and Early Ceramic periods, spanning the years 1200 
B.C. to 475 A.D. The Stone Pipe site partly overlaps the western 
boundary of the lands proposed for transfer into trust for the Tribe. 
The movement of people and marine shells and other objects of value 
between the Gulf region and the northern Sonoran Desert region 
continued throughout the following ``Hohokam Millennium,'' as the 
ancestors of today's O'odham, Yaqui, and other communities continued to 
live, move, trade, and interact amongst each other.
---------------------------------------------------------------------------
    \1\ AZ AA:12:746 [ASM], AZ AA:12:745 [ASM], and AZ BB:13:425 [ASM]) 
(Vokes 1998).
---------------------------------------------------------------------------
    Yaqui elders in Old Pascua who were interviewed by Edward H. Spicer 
starting in the 1930s told the anthropologist that ``Their forebearers 
had roamed the country even before the coming of the Spanish.'' \2\ 
Knowledge of pre-colonial Yaqui trading and military camps in and 
around the Tucson area continues to be shared in Yaqui oral tradition. 
In his 1993 testimony to Congress, Anselmo Valencia Tori reported pre-
Spanish Yaqui settlements along the Santa Cruz River where the 
Tumacacori mission would be located; at a location just north of Old 
Pascua that was called Val-Gojoria, then Alagua, and is now known as 
Jaynes Station; and further downstream to the north at the site of the 
present town of Toltec. \3\ When the Spanish invaders made their way 
north through the Sonoran Desert, they enlisted the aid of 
knowledgeable Yaqui people who helped to guide them into the northern 
country that they knew well.
---------------------------------------------------------------------------
    \2\ Spicer, Edward H. 1988 People of Pascua. University of Arizona 
Press, Tucson.
    \3\ Statement of Anselmo Valencia. Part of Pascua Yaqui Status 
Clarification Act hearing before the Subcommittee on Native American 
Affairs of the Committee on Natural Resources, House of 
Representatives, 103 U.S. Congress. April 30, 1993. Accessed at https:/
/www.govinfo.gov/content/pkg/CHRG-103hhrg69904/pdf/CHRG-
103hhrg69904.pdf
---------------------------------------------------------------------------
    It is no wonder that during eighteenth and early nineteenth 
centuries, Yaqui people were the second most recorded indigenous 
people, after the O'odham, in the records of the Spanish colonial 
missions in what is now southern Arizona and northern Sonora. Yaqui 
people appear in the mission records as early as the 1720s. In a 1796 
census, Yaquis represented approximately 12 percent of the population 
both at Tumacacori, in what is now Arizona, and at Cocospera, about 60 
miles southwest of present-day Nogales.
    In 1775 the Presidio de San Agustin de Tucson was built in present-
day downtown Tucson, Arizona. As a buffer zone, the eleven-acre 
presidio housed many residents, including the auxiliary soldiers 
enlisted to protect and serve the surrounding areas. In 1817, Alvino 
Ocoboa, identified as a Yaqui soldier, resided in the presidio with his 
wife and children. \4\ Other individuals and families at the presidio 
are likely to have been of Yaqui heritage. Inconsistent record-keeping 
mislabeled or omitted individuals and families' ethnic markers, and 
frequently people would hide their indigenous heritage in exchange for 
higher social status. \5\ The Ocoboa family in early 1800s Tucson 
Presidio connect to other Yaquis families with the same last name in 
the Tumacacori area recorded during the 1790s to the early 1800s. \6\ 
Yaquis continued to trek northward to areas already recognized in oral 
traditional knowledge. Tucson was no exception. The Tucson Presidio was 
a multicultural hub where Yaqui, O'odham, Spanish, Mexican, and other 
groups resided and moved throughout following the Santa Cruz River.
---------------------------------------------------------------------------
    \4\ Officer, James E. 2015 Hispanic Arizona, 1536-1856. University 
of Arizona Press, Tucson, AZ.
    \5\ Jackson 1995; McCaa 1984; Miranda 1988.
    \6\ Id.
---------------------------------------------------------------------------
    During the period of Mexican control of Southern Arizona and during 
the first decades of United States governance, the documentary record 
of Yaqui people in Arizona becomes more difficult to locate. As Anselmo 
Valencia Tori noted, ``The Yaquis were a strong fierce People who were 
being warred upon and persecuted for no reason. It was the strategy of 
the Yaqui People to disguise their heritage to avoid further 
persecution by these invading forces.'' \7\ But there remains evidence 
of the Yaqui people continuing to live in and around Arizona.
---------------------------------------------------------------------------
    \7\ Historic displacement, widespread injustices, and the 
dispossession of land, territories, and resources are key elements in 
recent Yaqui history. For example, between 1882 and 1911, the Mexican 
Government under Porfirio Diaz enacted a policy of Yaqui extermination, 
military occupation, genocide, and slavery on plantations in the 
Yucatan and Oaxaca. Thousands of Yaquis were sold into slavery and 
thousands more died during the military campaign, displacing and 
compelling other Yaquis to migrate. Up until, 1918 in the United 
States, and 1929 in Mexico, our ancestors never hesitated to defend or 
give their lives for the protection of the Yaqui way of life. January 
9, 1918 was the last time the United States Army and Native Americans 
engaged in combat at the Battle of Bear Valley, an engagement fought 
between a band of Yaquis and a detachment of United States Army 
soldiers of the American 10th Cavalry Regiment (Buffalo Soldiers), near 
Arivaca, Arizona. It was the final official battle of the American 
Indian Wars. However, the Yaqui were still engaged in defense of their 
people in war with Mexico, in the last major engagements of the Yaqui-
Mexican Wars.
---------------------------------------------------------------------------
    One example comes from Tucson's Court Street Cemetery. During the 
excavation to construct the Justice Court Complex in downtown Tucson, 
the SRI's Archaeological Data Recovery Project discovered a nineteenth 
century site that included human remains from O'odham, Yaqui, and other 
groups. The remains date between 1860-1890. \8\ The tribal communities 
were contacted to coordinate a repatriation for the remains to be 
reburied in 2010. The census information and the discovery of Yaqui 
burials in 2006 provide additional confirmation that Yaquis have 
continuously inhabited the Tucson area for centuries with histories of 
an interconnected landscape, kinship, and social networks. The Tucson 
Presidio site and the Justice Court Complex are both less than 2 miles 
from the Barrio Anita area, which was an early recognized Yaqui barrio, 
\9\ and 3.4 miles from the properties proposed for transfer to trust 
status.
---------------------------------------------------------------------------
    \8\ Hall, John D., O'Mack, Scott, Heilen, Michael P., Swope, Karen, 
Hefner, Jospeh T., Sewell, Kristin, and Gray, Marlesa, 2010 End of 
Fieldwork Report for the Joint Courts Complex Archaeological Data 
Recovery Project. Strategical Research Inc.
    \9\ Warnock, John 2016 ``Tucson: A Place -Making,'' Journal of the 
Southwest, Vol 58, No. 3, pp. 361-616.
---------------------------------------------------------------------------
    In the late nineteenth and early twentieth century, numerous Yaqui 
communities were documented within the vicinity of what is now called 
``Old Pascua'' or ``Pascua Village.'' The village of Bwi!a Bwalko 
(translating in the Yaqui language to ``soft earth'') or Tierra Floja 
(translating in the Spanish language to ``loose earth''), was located 
along the I-10 and Miracle Mile, east of the Santa Cruz River, in 
approximately the same location where the present University of Arizona 
West Campus Agricultural Center property is located. Yaquis from 
surrounding areas gathered at Old Pascua to hold Lenten ceremonies, 
much as they do today. These ceremonies include specific processionals 
throughout Old Pascua that arrive and depart the grounds of the 1.7-
acre Old Pascua Cultural Plaza which would be transferred to the United 
States under the current bill. The Cultural Plaza is owned by the Tribe 
and listed on the National Register of Historic Places as a traditional 
cultural property (TCP). Because of the importance of Old Pascua to our 
people, in 1921, the joint efforts of Yaqui leaders, local politicians 
and others secured the initial 40-acre parcel that formalized Pascua 
Village and within two years, Thamar Richey helped progress the 
establishment of Richey Elementary School in Pascua Village.
    While the community of Old Pascua is not held in trust by the 
United States, it is recognized by the BIA as ``near-reservation'' 
lands under 25 C.F.R. Part 20, for purposes of extending BIA financial 
assistance and/or social services. \10\ Over the years, the Tribe has 
purchased commercial properties and Tribal residences within or 
adjacent to Old Pascua to support our Tribal members and tribal self-
determination goals. In addition to the 1.7-acre Old Pascua Church and 
Cultural Plaza, as of this writing, the Tribe owns approximately 30 
acres of commercial property for Tribal economic development purposes 
in or around Old Pascua that would be transferred into trust under the 
current bill. \11\ Overall, there are over 500 residences, tribal and 
non-tribal, in Old Pascua. The Tribe own approximately 43 Tribal 
residences in fee in the Old Pascua community.
---------------------------------------------------------------------------
    \10\ See 48 Fed. Reg. 40442, September 7, 1983.
    \11\ See Attached Exhibit A.
---------------------------------------------------------------------------
    In 1960, Yaquis in Old Pascua initiated a request for land 
primarily to protect their culture and seek a permanent home. In 1963, 
the Pascua Yaqui Association was formed. In 1964, the U.S. Government 
deeded 202.76 acres to the Pascua Yaqui Association. In 1975, the 
Pascua Yaqui Association sought federal recognition from Congress, and 
on September 18, 1978, the Pascua Yaqui Tribe was officially recognized 
by Congress. \12\ It is of great importance to note that we have 
landless non-Reservation communities throughout Southern Arizona, 
California, and even Texas. The largest concentrated population of 
Yaqui people on the U.S. side of the border liveon the Pascua Yaqui 
Reservation and in our several Tribally Recognized Communities, \13\ 
both in and around the greater Tucson/Pima County region and in the 
Maricopa/Pinal County regions.
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    \12\ 25 U.S.C.  1300f-2.
    \13\ ``Tribally Recognized Communities'' represent specifically 
delineated geographic areas where our Tribal members have historically 
congregated and where they have a continuing presence today. These 
Tribally Recognized Communities, including Old Pascua, are formally 
recognized by the Tribe for purposes of Tribal enrollment and Tribal 
services. See, e.g., Resolution of the Pascua Yaqui Tribe Approving 
Extension of Boundaries for Recognized Yaqui Communities for Purposes 
of Enrollment Demographics and for Defining Community Boundaries and 
Service Areas, Resolution No. C03-38-08. In addition, the Tribally 
Recognized Communities of Old Pascua is recognized by the Bureau of 
Indian Affairs (BIA) as ``near-reservation'' lands under 25 C.F.R., 
Part 20, for purposes of extending BIA financial assistance and/or 
social services. See 48 Fed. Reg. 40442, September 7, 1983.
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    Members of the Tribe have lived in these Tribally Recognized 
Communities since before the Tribe was Federally Recognized in 1978, 
but these communities were not made a part of the Tribe's reservation. 
At the time of recognition, a small parcel of land was made 
reservation, and Congress later acknowledged that a study was needed to 
determine whether the Tribe would need more land. \14\
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    \14\ P.L. 103-357 (October 14, 1994).
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II. Reasons for Congress to Authorize the Taking of this Land into 
        Trust
    As described below, the land at issue has been the subject of 
detailed agreements with both the State of Arizona, in the form of a 
federally approved compact, and the City of Tucson, in the form of an 
inter-governmental agreement. Further, the location is one of historic 
and cultural importance to the Pascua Yaqui and its acquisition would 
be consistent with past Congressional actions recognizing the need of 
the Pascua Yaqui for additional lands given the Tribe's relatively 
small reservation.
(A) The Pascua Yaqui Tribe has worked with the State of Arizona, City 
        of Tucson, and tribal governments, and executed agreements 
        supporting the placement of this land into trust.
1.) Placing this land into trust would be in accordance with our 2021 
        Amended Gaming Compact.
    The Pascua Yaqui Tribe recently finalized negotiations and approved 
amendments to its gaming compact with the State of Arizona. A 2021 
Amended and Restated Gaming Compact was approved by the Department of 
Interior on May 24, 2021 (the Compact). Of utmost importance to the 
Tribe, the Compact has a provision which allows the Tribe to develop a 
gaming facility in the community of Old Pascua if H.R. 4881 becomes 
law.
    After nearly 5 years of negotiation, the statewide Arizona Compact 
was finalized to include provisions that ensure strict limitations on 
the location of gaming facilities, number of gaming facilities, numbers 
of gaming devices, and the types and numbers of games allowable for 
each tribe. The Compact gives each tribe the opportunity to improve its 
economic circumstances.
    The Compact achieves a balance for all parties and creates a 
positive and predictable business environment for every tribe. In 
addition to creating a competitive balance among gaming tribes, the 
compact also creates a new revenue stream for non-gaming tribes through 
a Compact Trust Fund, and continued the machine rights transfer 
mechanism, through which gaming tribes in large markets can put more 
gaming devices into play by purchasing the rights to operate those 
devices from tribes located in small or non-existent gaming markets. 
The Compact also provides for tribal revenue-sharing with the State and 
local governments in exchange for enhanced tribal exclusivity for 
casino gaming.
    Our amended Compact authorizes our Tribe to seek to place this land 
into trust for the purpose of gaming. It contains a specific and 
limited area in the 2021 Amended Compact itself. This particular area 
of land is located within and adjacent to the Old Pascua Community and 
is called the ``Compact Designated Area'' on the map submitted with 
this testimony.
    It is important to note that Governor Doug Ducey of Arizona 
supports this legislation (HR 4881). \15\ It is equally important to 
note that the Arizona legislature overwhelmingly approved on a 
bipartisan basis, Arizona's 2021 Gaming Act, (HB 2772) which was a 
companion to our Amended 2021 Compact with the State. We are also proud 
that other Arizona tribes agreed to this legislation and have given 
letters of support to the Pascua Yaqui Tribe. \16\
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    \15\ See Attached Exhibit B.
    \16\ See Attached Exhibit C.
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    The 2021 Amended Compact represents the will of the State of 
Arizona and Arizona Tribes. The Compact also has the support of the 
Department of Interior through rigorous review of tribal gaming 
compacts required under the Indian Gaming Regulatory Act. \17\
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    \17\ See Attached Exhibit D.
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2.) Our Tribe and the City of Tucson have executed an intergovernmental 
        agreement that addresses this land being placed into trust for 
        gaming purposes.
    The City of Tucson also supports this legislation. \18\ This is 
evidenced by both an intergovernmental agreement (``IGA'') between our 
two governments and a recent letter of support submitted by Mayor 
Regina Romero on behalf of the City. \19\ After years of negotiations, 
the IGA was signed at the end of 2019, and amended this year. The 
economic benefits to the Tribe and the City of Tucson if the bill is 
enacted will be very significant. It will benefit its members by 
increasing tribal revenue for tribal government services, enable the 
Tribe to build new tribal housing, and creating new jobs for tribal 
members and the city/county during both the construction and operation 
phases of the proposed project.
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    \18\ See Attached Exhibit E.
    \19\ See Attached Exhibit F.
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    The Project will increase economic output and employment in the 
City of Tucson, and in Pima County. It will result in direct economic 
output from construction spending and annual operating revenue from the 
casino and retail space.
    Construction is estimated to create hundreds of direct jobs and 
generate millions of dollars in construction payroll. The project's 
operation will create approximately 500 total direct jobs. It also will 
generate approximately $17,000,000 in direct wages in the City/County, 
and annual spending in the range of $12,000,000 to $12,500,000 in 
vendor spending in the City/County.
    Another net positive economic impact will be an increase in wages 
in the region, an increase in tax revenues to the state and local 
governments, and additional revenues to City of Tucson through our IGA. 
The new property will pay annual taxes of approximately $8,300,000 
including gaming distributions to the State, payroll taxes, and sales 
taxes.
    In addition, the IGA covers a multitude of issues that come with 
placing land into trust within a municipality: taxes, jurisdiction, 
municipal services like trash, water, and electricity. The City's tax 
base will not be eroded as the Tribe has agreed to make payments to the 
city in lieu of taxes. The Tribe has also agreed to provide funding to 
mitigate the costs associated with the development. Our governments 
have also pledged to work closely on dealing with any criminal 
jurisdictional issues. The City's leadership has recognized the 
economic benefits and value of a gaming facility near Old Pascua and 
has thrown their full support behind our efforts to put this land into 
trust.
(B) Congress has already recognized the PYT's need for more land.
    Land is sacred to the Pascua Yaqui Tribe. Land is what ensures 
continuity because it is not only where our ancestors once lived, but 
also where future generations will be born; it constitutes a 
fundamental component of life. Land is also a means to preserve our 
cultural identity separate and apart from mainstream society. In 
addition to its spiritual and cultural significance, tribal land plays 
an important practical role. Many tribal nations rely on their land for 
their livelihood, which may be based on hunting, fishing, or 
agriculture. Unfortunately, our tribe does not have a large land base 
that is rich in natural resources and so we have had to use it as 
efficiently as possible to provide for our members. Our land base helps 
us exercise tribal self-governance and self-determination. As a 
government, we've created our own tax structures, passed laws to 
provide for public safety, regulate business and industry, and perform 
other functions identical to those typically provided by a combination 
of the state, county, city, or town.
    Given the location of our reservation and the size of our 
membership, we are in dire need of additional land. Congress 
transferred 202 acres of land southwest of Tucson to the Pascua Yaqui 
Association in 1964. \20\ The Reservation was formally established in 
1978 and the members of Pascua Yaqui Association were federally 
recognized as the Pascua Yaqui Tribe. In 1982, with the enactment of 
H.R. 4364, the Reservation was expanded by 690 acres with the intent of 
improving the socio-economic environment of tribal members. \21\ In 
2014, H.R. 507 was enacted which placed two 10-acre parcels into trust 
for the Tribe. \22\ Pursuant to H.R. 1404, the Tribe acquired 40 acres 
of land for flood control development in 2019. In addition, the Tribe 
has purchased land in fee and has placed land into trust via the 
administrative process that is delineated in 25 C.F.R. 151.
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    \20\ Private Law 88-350, 78 Stat. 1196.
    \21\ Public Law 97-386; S. Rpt. 97-657.
    \22\ Public Law 113-134, the Pascua Yaqui Tribe Trust Act.
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    We started with 202 acres and 500 tribal members when we became 
federally recognized in 1978. Thankfully, our reservation has slowly 
grown to 2,216 acres and we now have approximately 22,000 members 
enrolled with our tribe. This expected growth means that our government 
has to respond to a corresponding need for land and services. As 
discussed below, our current reservation simply is not large enough to 
accommodate for our growing population or the land needs for ancillary 
government and economic development required for a healthy community. 
Additionally, the reservation is now approaching a point where 
expansion will no longer be possible.
    Recognizing this situation, Congress directed the Secretary of the 
Interior to conduct a land study for the Tribe in 1994. \23\ The 
Secretary of Interior was instructed to conduct a study to determine 
(1) whether the lands held in trust on October 14, 1994, by the United 
States for the Pascua Yaqui Tribe were adequate for the needs of the 
Tribe for the foreseeable future; and (2) if such lands were not 
adequate--(A) whether suitable additional lands are available for 
acquisition by exchange or purchase; and (B) the cost and location of 
the suitable additional lands. As part of this study, the Secretary was 
directed to ``provide for the participation of members of the Pascua 
Yaqui Tribe'' in the study.
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    \23\ P.L. 103-357 (October 14, 1994), which amended P.L. 95-375 
(September 18, 1978), as codified at 25 U.S.C.  1300f-3. The study 
amendment was submitted by Senator John McCain to address issues raised 
about the Tribe's limited land holdings during the time Congress was 
considering amended legislation in 1994. Congress understood that the 
Tribe would need additional lands, but that such lands could not be 
identified without further study. For this reason, the Tribe's newly 
acquired lands adjacent to their traditional territory should be placed 
in trust, especially since the State and Interior have approved the use 
of this land for gaming in the gaming compact and where the acquisition 
of this land addresses wrongs that arose in how the Tribe was treated 
by Interior between 1978 and 1994, with regard to land acquisitions, 
funding, and services.
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1.) The Tribe conducted a land study in 2013 which concluded that the 
        Tribe is in need of more land-a follow-up study in 2021 
        confirms these findings.
    In accordance with the 1994 law, the Tribe received funding from 
the Bureau of Indian Affairs to conduct a land study in 2013. In it, 
the study concluded that the current land base is entirely insufficient 
for the Tribe and its members. The Tribe currently has 2,216 acres of 
Reservation land. The reservation lies in and around the Black Wash, a 
100-year Federal Emergency Management Agency designated floodplain, 
with numerous culverts and drainage ditches crossing the community.
    The reservation was placed in a remote location in 1978. The 
Reservation has no access to local surface water, and groundwater 
pumping is impracticable. Just below the earth's surface, is a thick 
layer of bedrock. Since 1978, the City of Tucson and surrounding 
communities have expanded, and the increase in the number of homes and 
businesses has essentially land locked the Tribe. The current 
reservation land use is almost at capacity. The Tribe has primarily 
used its land for housing purposes. There are also various governmental 
buildings and two gaming properties on the reservation. Due to the 
encroachment of the city, and the existing uses on the reservation, the 
Tribe will have difficulty expanding its existing reservation land 
base.
    The land study, assessed the Tribe's population needs and growth 
patterns to determine the need for additional land to provide the 
necessary land base for the Pascua Yaqui Tribe in the foreseeable 
future and to manage growth in an efficient and sustainable manner. The 
land study also includes Pascua Yaqui tribally recognized communities 
in the Greater Tucson/Pima County and Maricopa/Pinal County regions. 
Some of these tribally recognized communities include lands held in fee 
by the Tribe. None of these tribally recognized communities include 
Reservation lands. Yaqui communities in the Greater Tucson/Pima County 
region include the Tribe's Reservation, which is known as Pascua 
Pueblo, as well as Pascua Yaqui tribally recognized communities 
including: Yoem Pueblo (Marana); Old Pascua; and Barrio Libre/16th & 
44th (South Tucson). The Tribe's Tortuga Ranch is also included in this 
region. Pascua Yaqui tribally recognized communities in the Maricopa 
County and Pinal County regions include communities in Guadalupe, 
Penjamo (Scottsdale), High Town, Eloy and Coolidge.
    The existing land base of the Tribe has been determined to be 
inadequate for the establishment of a diverse economic base and basic 
housing needs. The acquisition of additional land is necessary to 
facilitate self-determination, economic development and housing. The 
Tribe anticipates continuing advancement through infrastructure 
development, including, but not limited, to the following: housing, 
education, employment, government administration, economic development, 
recreation, open space, medical, and health.
    Combining both residential and nonresidential land uses, 
approximately 18,168.4 additional acres will be needed to house the 
projected population and all the functions needed to economically 
sustain the Pascua Yaqui Tribe. \24\ A total of 4,355 acres of 
residential land will be needed in 2115 to house the Pascua Yaqui Tribe 
population. Assuming the ratio of residential (21 percent) and 
nonresidential (79 percent) land uses remains constant throughout the 
planning horizon 2015 to 2115, approximately 14,353 additional acres of 
nonresidential land will be needed to support all nonresidential land 
uses.
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    \24\ 2013 Pascua Yaqui Land Study.
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    The projected housing needs for the Pascua Yaqui Tribe for 2115 is 
17,299 housing units. Based on the traditional settlement pattern of 
the Yaqui people at a density of four homes per acre, or an average lot 
size of 0.25 acres, a total of 4,355 residential acres will be needed 
by 2115 to provide housing for the projected population.
    The small amount of Reservation land acreage available for 
development (791.4 acres) is not enough land to include the current and 
projected Tribe's housing needs. As previously mentioned, there are 
currently 675 people on the current housing waiting list. If acreage 
available for development is dedicated to housing only, the economic 
viability of the Tribe will be seriously compromised. A healthy balance 
of residential and non-residential land uses is needed to support the 
projected population in a sustainable manner. All the uses mentioned 
above require additional lands.
    The majority of Pascua Yaqui tribal members reside outside the 
exterior boundaries of the reservation but within the seven tribally 
recognized communities in Arizona. As such, the trust lands are 
inadequate and insufficient for its members. The reservation lands 
established for the Tribe in 1978 \25\ and subsequent years are located 
in a floodplain area. This complicates and increases the cost of land 
development. Further, the Tribe is significantly land-locked with very 
limited opportunities to acquire land adjacent to or in close proximity 
to the Reservation. These unique circumstances and the comprehensive 
long-range development plans for creation of a diverse and self-
sustaining Tribal community support this request.
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    \25\ Act of Oct. 8, 1964, Private Law 88-350, 78 Stat. 1196.
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    The Tribe administers its programs and services from the 
reservation but provides services to all of its recognized communities. 
This situation has presented many difficulties. For example, some 
members may have to travel hundreds of miles to reach the closest 
tribal government office or health facility. A thriving, self-
sufficient, healthy and sustainable community involves much more than 
having the acreage needed to support its future residential land use 
needs. It also requires acreage to fulfill its government and 
administrative functions, economic development functions (commerce, 
employment, industry, tourism, technology and innovation), for 
community services (education, libraries, police and fire protection, 
emergency management), cultural, health services, infrastructure 
(roads, water, sewer, drainage, waste, utilities), and amenities such 
as parks, recreation, trails and open space land needs. The Pascua 
Yaqui Tribe is no exception and has diligently been working in that 
direction since its recognition.
(C) Old Pascua is a logical place for more land to be placed into trust 
        on behalf of the Pascua Yaqui Tribe.
1.) A brief history of Old Pascua
    The Pascua Yaqui Tribe considers this bill a restoration of a 
portion of our homeland. To be perfectly clear, Old Pascua is one of 
our recognized ancestral communities. Tribal members have resided there 
for countless generations. Many tribal members were relocated from Old 
Pascua to New Pascua in 1964. New Pascua has become the official tribal 
headquarters. Nevertheless, tribal members continue to reside in the 
Old Pascua community. Since the relocation, the Tribe has continued to 
provide various services to tribal members in Old Pascua. It is 
important to note that Old Pascua was given a ``Near-Reservation 
Designation'' by the Department of Interior on August 3, 1983. This 
allows the Tribe to provide financial assistance and/or social services 
via BIA funding to the community. The Tribe has also purchased 
residential and commercial land in the community. Presently, 500 
members of our Tribe reside in Old Pascua.
    Old Pascua is one of the longest continually inhabited Yaqui 
villages of what is now Southern Arizona. Non-Yaquis took notice of the 
village in the early 1900s. In 1920, a Tucson developer, A.M. Franklin, 
donated 40 acres for the stated purpose of establishing a ``Yaqui 
Nation'' in Arizona. \26\ Since 1921, the Old Pascua Cultural Plaza and 
church has served as the oldest formally established Yaqui community in 
Tucson. The plaza consists of a 1.7-acre lot, with a chapel, the 
Capilla San Ignacio de Loyola. \27\ The Plaza has served as a Yaqui 
cultural center and the site of our community activities and 
ceremonies. \28\
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    \26\ Tucson Citizen 1971
    \27\ Chapel of St. Ignatius of Loyola.
    \28\ See Exhibit G.
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    Old Pascua Village was annexed into the City of Tucson, Arizona in 
1952. Beginning in the 1960s, Yaquis in Old Pascua initiated requests 
for additional land, primarily to protect our culture from outside 
groups. Many challenges existed to our ability to maintain our cultural 
and traditional practices with the City of Tucson growing around us. 
Challenges included regulation, taxation, access and ownership of our 
sacred, cultural, traditional, and religious grounds, and limited 
access to sites of symbolic importance, such as the Santa Cruz River 
\29\ for gathering ceremonial materials. \30\ Encroachment created 
obstacles to maintaining cultural and linguistic ties to our families 
and culturally connected relatives. Other problems included the 
protection of cultural items and traditional cultural regalia, such as 
ceremonial gourds and rattles because of the lack of cultural 
understanding and protective laws.
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    \29\ The Santa Cruz River used to run perennially and supported 
Cottonwood, Willow forests, and Mesquite bosques. It provided food 
security, and health. The Santa Cruz River allowed for indigenous 
subsistence farming, the collection of edible plant materials and 
medicines, and helped fulfill dietary requirements, ensuring food 
security, good health, and environmental diversity.
    \30\ Cottonwood, Carizzo (bamboo), flowers, Mesquite, willow, palm, 
cocoons (E. Calleta R. Sincta moth).
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    To address these challenges, the tribe formed the Pascua Yaqui 
Association (PYA) in 1963. As mentioned above, Congressman Morris K. 
Udall (D-AZ) introduced a bill to transfer 202 acres of desert land 
southwest of Tucson to our Yaqui elders in 1964. \31\ The bill was 
later signed into law and the deed to the land was transferred to the 
PYA. In 1967, the first families moved into ``New Pascua.'' Some tribal 
members relocated to land set aside for them in rural Pima County by 
the United States that would become our Tribe's future and current 
reservation, while others refused to leave their ancestral homelands of 
Old Pascua.
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    \31\ ``New Pascua,'' H.R. 6233: Public Law 88-350, 78 Stat. 1196, 
(Morris K. Udall (D-AZ)).
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2.) The Cultural Significance of Old Pascua
    It is nearly impossible to describe in full our Tribe's 
relationship to Old Pascua. I suppose I should begin with explaining 
what Pascua means. For those who do not speak Spanish, Pascua means 
Easter. Our Tribe conducts sacred rituals during Lent that have been 
witnessed by thousands and that have been documented by historians and 
scholars. The people who observed these ceremonies associated our tribe 
with Easter and began to refer to our community as Pascua.
    Hundreds, if not thousands, of our tribal members have literally 
poured their blood, sweat, and tears onto the land of Old Pascua for 
the purpose of fulfilling their cultural duties. Our cultural plaza is 
a source of hope. It is a center for our members to come together and 
perform rituals that have been passed down for hundreds of years. Our 
devotion to these traditions is unquestionable and is a source of great 
pride for our tribe. Beyond the four corners of our plaza, we carry on 
processions in accordance with our beliefs and these processions occur 
throughout the rest of Old Pascua. For these reasons, the land is and 
will remain sacred to us.
    As stated above, the plaza has been the focus of Yaqui traditional 
religious, cultural, and social events. The dances, processions, and 
other ceremonial activities that occur there are a critical part of 
Yaqui life and tradition. These rituals keep Yaqui heritage alive; they 
serve to teach young tribal members of their unique past and their 
traditional way of life. In addition, they enrich the lives of all who 
view the ceremonies and in so doing learn about the Yaqui culture.
    For the Tribe, the practice of religion, the furtherance of social 
lifeways, and the education of the young in cultural traditions are 
intertwined, and it is within the plaza that the majority of the 
activities occur that promote these components of our culture. The 
paramount function of the plaza is as a religious/ceremonial location. 
The ceremonies that take place on the plaza are both pre-Christian and 
Christian in origin and are conducted to honor or bless events and/or 
persons, who may be Yaqui or non-Yaqui.
Cultural and Ceremonial Overview
    Yaqui culture plays an integral role in the sustainment of our 
people, our development, our communities, and our tribal governance. 
The Christian ceremonies stem from the teachings of the Jesuit Andres 
Perez de Ribas who entered Yaqui country in what is now southern Sonora 
in 1618. He and the missionaries who followed him taught Christianity 
by dramatizing events, including those of the Easter season. Over time 
these Christian dramatizations were combined with ancient traditions 
that centered on the connection of the Yaqui to the plant and animal 
world and to the spirit of the Earth. In that world man could 
communicate with animals, and special powers were inherent in the 
forest, in animals, and in dreams.
    Ceremonial fiestas occur throughout the year but the most complex 
event, which is generally referred to as the Easter Ceremony, is 
initiated on Ash Wednesday and continues through Easter Sunday. The 
Easter Ceremony, which in essence is an extraordinarily complicated 
pantomime of the death and resurrection of Jesus, includes both pre-
Christian and Christian themes melded together in a way that is 
uniquely Yaqui. For example, two types of dancers, the Deer Dancers and 
the Pascolas (literally ``old men of the fiesta'') exemplify the pre-
Christian traditions while others, such as Caballeros and Fariseos, 
represent Christian components of the Easter pageant. It is this 
ceremony by which the Yaqui are best defined to the non-Yaqui world 
that surrounds them, and it is within the plaza that most Easter 
Ceremony events occur, as well as those of the other ceremonial 
fiestas.
    Although the plaza may appear as an undistinguished dirt lot to the 
uninitiated observer, to the Yaqui it is a location of paramount 
importance, containing objects and areas of special significance. Thus, 
the plaza is both culturally significant and sacred ground in an all-
encompassing sense. It is the location at the heart of Yaqui life in 
Old Pascua Village where events occur that are integral components of 
centuries-old Yaqui cultural traditions.
3.) The Tribe has continuously provided support to its tribal members 
        living in Old Pascua
    The Tribe operates and maintains community centers in Old Pascua 
that provide medical, social, and recreational services. Throughout 
time, the Tribe has purchased both residential and commercial lots in 
and adjacent to Old Pascua. The Tribe established a museum within the 
neighborhood that highlights tribal history and contains precious 
artifacts. The tribe has developed a strong partnership with the City 
of Tucson regarding this community and even took the extraordinary step 
to enter into an intergovernmental agreement (``IGA'') that outlines 
current and future responsibilities that address the needs of the area.
    Unfortunately, Old Pascua faces several economic and social 
challenges. Unemployment, poor health, and inner-city violence is a 
reality our tribal members must deal with on a daily basis. In response 
to these difficulties, the Tribe has established a meal program for our 
elders, an afterschool recreational program for our children, and 
behavioral health services at our community center. The Tribe plans to 
develop job training programs, a GED program and even more programs 
aimed at improving the lives of our youth.
    Housing has remained a central concern for the tribal members 
living in Old Pascua. As such, the Tribe does provide maintenance 
services to homes owned by tribal members. Many homes are in need of 
repair and rehabilitation. The Tribe continues to spend funds for this 
purpose, with particular attention to homes where elders reside. 
Recently, the tribe installed air conditioning units in homes to help 
improve the quality of life for its tribal members.
    Through this legislation, the Tribe aims to restore a portion of 
our original ancestral land. Although we already own some of it in fee, 
placing the parcels into trust will allow us to have more direction and 
control over the land. Old Pascua is sacred to the tribe and will 
continue to be treated as such. With great pride and sense of purpose, 
our rituals will continue to be performed there. Without question, the 
goal of the Pascua Yaqui Tribe is to help support and serve the Pascua 
Yaqui people. The Tribe will continue to protect this land and preserve 
it as a place for tribal ceremonies.
(D) The Department of Interior is Authorized to Take Land into Trust on 
        Behalf of the Pascua Yaqui Tribe.
    The Pascua Yaqui Tribe was recognized by Congress in 1978, through 
Public Law 95-375. \32\ However, at the time, the Bureau of Indian 
Affairs, established a distinction among tribes asserting that some 
tribes were historical and possess all sovereign rights, and some 
tribes were created, with certain limitations on their sovereign 
rights. This issue arose for us when our Tribe submitted amendments to 
our tribal constitution under the IRA, and the B.I.A., while reviewing 
the amendments, determined that the Pascua Yaqui Tribe was not a 
historic tribe, but was a ``created'' tribe. \33\ The B.I.A., labeled 
the Tribe created, and between 1978 and 1994, denied the Pascua Yaqui 
people the full benefits of sovereignty. The Tribe suffered years of 
injustice and unequal treatment by the administrative decision to 
diminish our sovereign authority, including impeding our authority 
concerning land, property, taxation, and law and order. Our Tribal 
leaders at the time sought legislative assistance in 1993 from Congress 
to right the wrongs we were experiencing. Congress soundly rejected the 
Department of Interior's opinion that our Tribe was a ``created'' 
tribe, and enacted P.L. 103-357 to clarify that we were indeed a 
historic tribe, that possessed all the attributes of inherent tribal 
sovereignty. \34\
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    \32\ P.L. 103-357 (October 14, 1994), which amended P.L. 95-375 (92 
Stat. 712) (September 18, 1978), codified at 25 U.S.C.  1300f-3, and 
the Indian Reorganization Act of 1934 (48 Stat. 984) (IRA).
    \33\ See page 12 of the April 30, 1993 Hearing Record of the House 
Subcommittee on Native American Affairs on H.R. 734, to amend the act 
entitled ``An Act to Provide for the Extension of Certain Federal 
Benefits, Services, and Assistance to the Pascua Yaqui Indians of 
Arizona, and for Other Purposes''--Written statement of Carol A. Bacon, 
Director, Office of Tribal Services, Bureau of Indian Affairs.
    \34\ 25 U.S.C.  1300(f)(a).
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    The 1994 Amendment to our federal Recognition statute clarified the 
Pascua Yaqui Tribe's status as a historic Indian tribe to end years of 
unfairness to which the Pascua Yaqui people had been subjected, and 
acknowledged the tribe was a ``federally recognized Indian tribe 
possessing all the attributes of inherent sovereignty which have not 
been specifically taken away by Acts of Congress and which are not 
inconsistent with such tribal status.'' \35\ Moreover, an amendment 
submitted by Senator McCain, codified Section 4, titled, ``Study.'' As 
mentioned above, Section 4 mandated that the Secretary of the Interior 
conduct a study to determine ``whether the lands held in trust for the 
Pascua Yaqui Tribe are adequate for the needs of the tribe for the 
foreseeable future and if such lands are not adequate, whether suitable 
additional lands are available for acquisition by exchange or 
purchase.'' \36\ In 1994, the Secretary of the Interior, no later than 
2 years after the date on which funds were made available for the 
study, was directed to submit a report to Congress that contained the 
results of such a study. Funding was authorized to be appropriated as 
necessary to carry out the provision of this law. \37\ Therefore, not 
only was the Secretary authorized to take land into trust for the 
Pascua Yaqui Tribe in 1978 through Public Law 95-375, in 1994, the 
Secretary of the Interior was given additional authority pursuant to 
Public Law 103-357, to take lands into trust and to conduct a Land 
Study for the benefit of our Tribe. \38\ As explained, the Tribe did 
not receive funding to obtain a Land Study until 2013, and to date, a 
Congressional report has not been submitted to Congress by the 
Department of Interior.
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    \35\ 25 U.S.C.  1300f-1(a); ``The Pascua Yaqui Tribe is a 
federally recognized sovereign entity that has existed as a formal 
tribal government since time immemorial and yet an arbitrary 
classification by the Bureau of Indian Affairs would seek to limit 
their sovereign authority. By reaffirming the Pascua Yaqui Tribe's 
status as a historic tribe, H.R. 734 would dispel the misconception 
perpetuated by the BIA that the Pascua Yaqui Tribe has limited powers 
of self-government delegated by the Federal Government. The notion of 
delegated authority is inconsistent with settled principles of basic 
Indian law; namely that federally recognized tribes retain any inherent 
sovereign authority which has not specifically been divested by Federal 
law. There is no legal support for the BIA's created versus historic 
tribe distinction and the distinction must not be tolerated. The Pascua 
Yaqui Tribe is either sovereign or not sovereign; there is no middle 
ground.'' Congresswoman Karan English (D-AZ) (House of 
Representatives--August 2, 1993).
    \36\ 25 U.S.C.   1300f-4(a).
    \37\ 25 U.S.C.   1300f-4(c)(d).
    \38\ Status of Pascua Yaqui Indian People, P. L. No. 103-357, Oct. 
14, 1994, 108 Stat. 3418, 25 U.S.C.    1300f-1300f-3.
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    The acquisition of additional land is necessary to facilitate self-
determination, economic development, and to support the housing needs 
of the Tribe.
    Primarily because of our historic struggles with the B.I.A., 
Congress also saw fit in 1994 to amend Section 16 of the Indian 
Reorganization Act \39\ to add subsections (f) and (g) to the Act. \40\ 
Subsection (f) prohibits the Secretary of the Interior from creating 
any regulation which ``classifies, enhances, or diminishes the 
privileges and immunities available to the Indian tribe relative to 
other federally recognized tribes by virtue of their status as Indian 
tribes.'' \41\ Subsection (g) provides that ``[a]ny regulation, 
administrative decision, or determination of a Department or agency of 
the United States that classifies, enhances, or diminishes the 
privileges and immunities''' of an Indian tribe relative to the 
privileges and immunities of other federally recognized Indian tribes 
shall have no force or effect. \42\ These provisions were added as a 
Senate floor amendment to S. 1654, the Technical Corrections Act of 
1993, which became Public Law 103-263. \43\
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    \39\ 25 U.S.C.   461 et seq.
    \40\ 25 U.S.C.   476 (f) &(g), Public Law 103-263.
    \41\ 25 U.S.C.   476(f).
    \42\ 25 U.S.C.   476(g); ``The Congress has never acknowledged 
distinctions in or classifications on inherent sovereignty possessed by 
federally recognized Indian tribes. Tribal sovereignty must be 
preserved and protected by the executive branch and not limited or 
divided into levels which are measured by the Bureau of Indian Affairs 
and the Department of the Interior. We must not revisit the darkest 
period of Federal Indian policy by allowing the termination of tribal 
sovereign authority through the implementation of the Bureau of Indian 
Affairs policy distinction between historic and created Indian 
tribes.'' Statement of Congressman Richardson on the consideration of 
S. 1654, Cong. Rec. H3803, May 23, 1994.
    \43\ ``The recognition of an Indian tribe by the Federal Government 
is just that--the recognition that there is a sovereign entity with 
governmental authority which predates the U.S. Constitution and with 
which the Federal Government has established formal 
relations.Regardless of the method by which recognition was extended, 
all Indian tribes enjoy the same relationship with the United States 
and exercise the same inherent authority.'' -Statement of Senator John 
McCain on the consideration of S. 1654, 140 Cong. Rec. S6146, May 19, 
1994.
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(E) The Department of Interior Supports H.R. 4881.
    In written testimony presented on October 5, 2021, Bureau of Indian 
Affairs Director, Darryl LaCounte, on behalf of the Department of 
Interior, testified that the ``Department of the Interior supports H.R. 
4881. This bill provides greater opportunity for the Pascua Yaqui Tribe 
to make investments in the tribal economy, promotes community and 
regional economic development within the greater Tucson region, and is 
in keeping with the Biden Administration's commitment to support tribal 
self-determination--including economic self-determination.'' \44\
---------------------------------------------------------------------------
    \44\ See Exhibit H.
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III. Conclusion
    In short, we are asking Congress to approve what we consider a 
promise, akin to a treaty, among the State, the City, and our 
neighboring tribes regarding this issue. It would be the final step in 
what has been a decade long process. We have taken great care to reach 
out to and establish partnerships with our regional governmental 
counterparts. As set out above, our transparent dreams have wide 
support throughout Arizona, and our Congressional delegation. \45\ The 
plan involves a massive investment on our part, calling for tens of 
millions of dollars that will help create close to a thousand direct 
and indirect jobs for our Tribe and for the residents of the City of 
Tucson.
---------------------------------------------------------------------------
    \45\ See Exhibit I.
---------------------------------------------------------------------------
    We are a fast growing tribe and our membership is increasing. We 
have more tribal members, children, and elders, who require services-
services like housing, health and medical, social services, and 
education. We don't wish to be a burden because Yaquis are self-
sufficient hard-working people. Our reservation has become land locked; 
we can't expand much further. Passing this law would be a restoration 
of part of our homeland, a place where many of our stories have taken 
place, where traditions have been passed down in songs and dances so 
that each generation can learn about its culture and traditions.
    Thank you again for your consideration. On behalf of my nation, I 
want to share our gratitude to this Congress for upholding its trust 
responsibilities to us. I hope and pray our relationship continues to 
grow and remains prosperous.
    As we say back home, Enchy mampo tawak, ``it's in your hands.'' 
Lios aapo enchim ``may God be with you.''

        The attachments to this testimony have been retained in the 
        Committee files.

    The Chairman. Thank you very much, Mr. Chairman.
    Vice Chair Murkowski.
    Senator Murkowski. Thank you, Mr. Chairman. And thank you 
to all who have provided testimony today. I greatly appreciate 
it.
    I am going to turn first to you, Assistant Secretary 
Newland. Welcome back to the Committee.
    Not only in your testimony but in the comments that we have 
heard from our Congressional leaders, we have gotten a pretty 
fair outline of the history of Congressional action that has 
been taken with regard to the Lumbee. When you referenced the 
1956 Act, you acknowledged, recognized the Lumbee but 
explicitly denies them access to Federal services. Later, as 
you point out, this statute was also interpreted to preclude 
the Lumbee from being considered for Federal acknowledgement 
through the administrative process. Then Interior has since 
reversed the position on that.
    So the question to you today, and from my understanding, 
the Department has taken the position that the Lumbee are not 
precluded under the 1956 statute from utilizing the 
administrative process. You have said that you are supportive 
of this legislation.
    Can you tell the Committee whether the Lumbee would be able 
to achieve full Federal acknowledgement through that 
administrative process? In other words, could Interior extend 
Federal acknowledgement to the Lumbee? Then walk me through, if 
you will, some of the different outcomes or the results that 
might impact a tribe that is seeking Congressional recognition 
versus administrative recognition.
    Mr. Newland. Thank you, Vice Chair. I appreciate the 
question. I appreciate the chance to be back here in person as 
well.
    You are right that in 2016, the Solicitor for the 
Department of the Interior issued an opinion that stated the 
Lumbee Tribe would be eligible to seek administrative 
acknowledgement but didn't speak to any outcome of how the 
Department would evaluate their application. In that opinion, 
the Solicitor walked through the Department's inconsistent 
views over the last 65 years on the impact of the 1956 Lumbee 
Act. So as it stands today, the Lumbee Tribe would be eligible 
to seek Federal acknowledgement through the Part 83 process at 
the Department of the Interior. They don't have an active 
petition before the Department, so I can't speak to the merits 
of it here today.
    In terms of the different outcomes, Congressional 
recognition versus administrative recognition, in 1994 Congress 
amended the Indian Reorganization Act in a way to ensure that 
all federally recognized tribes would be entitled to the 
privileges and immunities of all other federally recognized 
tribes, no matter how they were recognized or when. So the 
legal consequence of Congressional recognition versus 
administrative recognition is essentially the same; once the 
political branches of the Federal Government recognize the 
sovereign status of a tribe, they are a federally recognized 
tribe, treated the same as all other federally recognized 
tribes in the United States.
    Senator Murkowski. So the outcomes or results are the same, 
if you will, regardless of whether it is Congressional 
recognition or administrative recognition?
    Mr. Newland. Correct.
    Senator Murkowski. So let me ask this question to Chairman 
Godwin, then. You are seeking Congressional action to affirm 
the status versus the process of going through administrative 
recognition. I guess the question is, why Congressional action 
versus administrative?
    Mr. Godwin. As others have stated, we have been pursuing 
this for 133 years through Congressional action. We believe 
that since Congress terminated the Lumbee Tribe as a matter of 
law, that only Congress can reinstate full recognition to the 
Lumbee Tribe. As you can tell, Interior has flip-flopped on 
this issue many times over in the last 133 years. We don't feel 
over the past years that we could get favorable response 
through the Part 83 acknowledgement process.
    So our stance on this is just a matter of dignity and the 
work that we put into this, even up until today, a lot of work 
has been put into this to go through the Congressional process. 
That is the stance that we take, and it is certainly the stance 
of the last six years of my life as chairman of the Lumbee 
Tribe. That is the position we have taken.
    Senator Murkowski. Thank you, Mr. Chairman.
    I have one more question on the next round, but that is 
helpful.
    The Chairman. Thank you, Vice Chair. Before moving on to 
Senator Tillis, I would like to respond to the Vice Chair. I 
think it is a smart question about whether to pursue an 
administrative process or a Congressional action. We are the 
ones in possession of the Constitutional plenary authority of 
tribal acknowledgement, tribal recognition. That authority is 
also sort of, you know better than I do, Mr. Newland, but sort 
of in an attenuated way delegated to the departments. But we 
have a perfect right to do what we are doing. In fact, it is 
the more common way historically of achieving recognition.
    Senator Tillis.
    Senator Tillis. Thank you, Senator Schatz. I will be brief. 
First, to Harvey Godwin, Chairman Godwin, I should say. Thank 
you for your leadership, and your tenure. I know you are going 
to continue to work on this, although you will be transitioning 
out after the elections a couple of weeks ago.
    I would commend to all members to read the written 
testimony, particularly the testimony of Dr. Hoxie and the 
prior testimony a couple of years ago of Professor Campisi. 
Because they clearly document what you would have used as a 
basis for an administrative approval.
    To the point that Chairman Godwin has made, they have been 
there, they have done that, they have several tee-shirts. They 
have not been successful.
    This provides Congressional clarity, which also avoids the 
inevitable lawsuit from anyone who may actually oppose it. So 
you could actually find yourself with an administrative 
approval and then years of costly litigation before this wrong 
is righted. Would you agree with that, Secretary Newland?
    Mr. Newland. Yes, Senator, I would.
    Senator Tillis. Thank you.
    Again, Chairman Schatz, thank you for your indulgence. You 
and I have had several discussions over it, and Ranking Member 
Murkowski, thank you all. I really do believe that this is not 
an outlier. The only thing that is an outlier in this process 
is the treatment of the Lumbee for the last 133 years. I 
believe that there is a path to get it done. That is why I have 
got on the bill, and that is why I am going to work 24/7 to get 
it out of this Congress.
    Thank you.
    The Chairman. Thank you, Senator Tillis.
    Mr. Newland, a lot of my questions were covered both by 
your testimony and by the questions asked by members. But in 
terms of building a record, I want to ask you a couple of 
specific questions. How does each bill support Federal Indian 
law and policy? Specifically, I am interested in how these 
bills will strengthen the government-to-government relationship 
and advance tribal self-determination and sovereignty.
    Mr. Newland. Thank you, Chairman. I appreciate that.
    With respect to S. 1364, the Lumbee Recognition Act, it 
would advance the government-to-government relationship by 
establishing and clarifying the sovereign status of the Lumbee 
Tribe and affirming the government-to-government relationship 
between the tribe and the United States.
    With respect to the three land bills, one of the core 
components of tribal sovereignty is to have a land base in 
which to continue your tribal life ways and existence, whether 
that is living together as a tribal people or having access and 
protecting places that are integral to your religious and 
cultural practices. It is a trust responsibility of the United 
States to ensure that that happens.
    So these bills, all three of these land bills would do just 
that.
    The Chairman. Thank you. Before turning finally to Vice 
Chair Murkowski, I am going to ask for consent to permit 
Senator Tillis and Senator Burr to provide additional materials 
for the record from local officials in North Carolina on the 
Lumbee matter.
    The Chairman. Vice Chair Murkowski?
    Senator Murkowski. Thank you.
    Just one more question for you, Assistant Secretary 
Newland. This relates to H.R. 2088. In your testimony, the 
Department indicates it supports the bill because it would 
restore tribal homelands. So the question is whether it is 
possible, perhaps even common, for multiple tribes to claim 
ancestral ties to the same lands, and if so, how does the 
Department work through that?
    Mr. Newland. Thank you, Vice Chairman Murkowski. We prefer 
to not have to work through conflicts over land use, but it is 
actually, as I am sure you are well aware in your home State, 
quite common for many tribes to share ties certain areas 
because they exercise treaty or subsistence rights, or it is a 
sacred place to many tribes. It is not uncommon that you would 
have more than one tribe claim an interest or cultural 
importance for a particular site.
    The idea way that we work through that at the Department of 
the Interior is to sit down and speak with the leadership from 
the tribes that have, I don't want to say competing claims and 
interests in lands, but to work through that, and hope that we 
can reach some kind of agreement on that. In cases where there 
is disagreement, oftentimes the acquisition doesn't go forward.
    In some cases, the particular merits of the tribe seeking 
to have the land placed into trust are just stronger on the 
facts. So the land might be within their reservation or 
adjacent to their existing reservation.
    But it is not an ideal situation when two or more tribes 
are competing to have ownership over the same lands.
    Senator Murkowski. I thank you for that. I raise the 
question because I have been made aware that when it comes to 
the legislation that I just referenced that there may be 
additional ancestral claims to this particular land.
    I would like to now direct a question to Chief Sneed from 
the Eastern Band of Cherokee Indians, following this response 
from Assistant Secretary Newland. The direct question is, are 
you aware of other ancestral tribal claims to the land? First 
question is to ask you if you are aware of additional claims, 
ancestral claims to the land.
    Mr. Sneed. Thank you for your question, Senator. Not at 
this time. Historically Cherokee Nation weighed in, in the late 
1970s, or I believe it was 1980, under Chief Ross Swimmer of 
the Cherokee Nation, that the lands, while they were historic 
Cherokee lands, that the lands in question did not have any 
significance to the Cherokee Nation for religious, any sort of 
religious connotation, which was what the lawsuit was about 
back in the early 1980s.
    Senator Murkowski. Thank you for that. I guess what I would 
ask, and this is following your comments, Assistant Secretary, 
is if there is a situation where this legislation would 
inadvertently place land into trust that may be historically 
tied to another tribe that there is that commitment to work 
things out through the Department, that that is the process can 
best navigate this.
    I don't want to presuppose, but again, as I have looked at 
this particular bill, it has been brought to my attention that 
there may be additional claims to ancestral lands. So how you 
navigate that, how you work through that, one would hope that 
it would be on a cooperative basis, working with the tribes and 
through the Department.
    Mr. Sneed. Thank you, Vice Chairman. We would be happy to 
speak with anybody from Indian Country who has interests in 
these lands. I often say that some of the best diplomats in the 
world are found in Indian Country, from having to manage 
situations where people disagree over things like land use.
    Senator Murkowski. Always complicated. Thank you, Mr. 
Chairman.
    The Chairman. It is a lot of nations.
    If there are no further questions for our witnesses, 
members may also submit follow-up written questions for the 
record. The hearing record will be open for two weeks. I want 
to thank all the witnesses for their time and their testimony 
today. Thanks to the staff.
    This hearing is adjourned.
    [Whereupon, at 3:40 p.m., the hearing was adjourned.]

                            A P P E N D I X

             State of North Carolina Office of the Governor
                                                      June 23, 2021
Hon. Charles E. Schumer,
Majority Leader;
Hon. Mitch McConnell,
Minority Leader,
U.S. Senate,
Washington, DC.

Dear Majority Leader Schumer & Minority Leader McConnell:

    I am writing to convey my strong support of full federal 
recognition of the Lumbee Tribe. For far too long, the Lumbee Tribe has 
been in pursuit of this recognition, and I am pleased that they enjoy 
bipartisan support from leaders in North Carolina and our congressional 
delegation in this endeavor.
    In 1885, the Lumbee Tribe was officially recognized by the State of 
North Carolina and began seeking federal recognition shortly 
thereafter. However, they have been hindered by the Lumbee Act, signed 
into law by President Eisenhower in 1956. This bill specifically denied 
the Lumbee the services and benefits that every other federally 
recognized tribe receives. It is past time that this injustice is 
righted. Full federal recognition would allow members access to the 
health care, education, housing, and childcare benefits they deserve, 
and would create economic opportunities for the tribe and the 
surrounding community.
    The Lumbee Tribe has deep cultural roots in North Carolina. Its 
contributions to the fabric of our state are vast and our fates are 
inextricably linked. It is time for the Lumbee to enjoy the full 
recognition of the United States Government, and the Senate has an 
important opportunity to right this wrong.
        With kind regards, I am very truly yours,
                                 Hon. Roy Cooper, Governor.

                                  [all]