[Senate Prints 108-65]
[From the U.S. Government Publishing Office]
108th Congress
2d Session COMMITTEE PRINT S. Prt.
108-65
_______________________________________________________________________
HISTORY, JURISDICTION, AND SUMMARY
OF LEGISLATIVE ACTIVITIES
OF THE
UNITED STATES SENATE
COMMITTEE ON INDIAN AFFAIRS
DURING THE
ONE HUNDRED EIGHTH CONGRESS
2003-2004
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Printed for the use of the Committee on Indian Affairs
U.S. GOVERNMENT PRINTING OFFICE
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COMMITTEE ON INDIAN AFFAIRS
BEN NIGHTHORSE CAMPBELL, Colorado, Chairman
DANIEL K. INOUYE, Hawaii, Vice Chairman
JOHN McCAIN, Arizona, KENT CONRAD, North Dakota
PETE V. DOMENICI, New Mexico HARRY REID, Nevada
CRAIG THOMAS, Wyoming DANIEL K. AKAKA, Hawaii
ORRIN G. HATCH, Utah BYRON L. DORGAN, North Dakota
JAMES M. INHOFE, Oklahoma TIM JOHNSON, South Dakota
GORDON SMITH, Oregon MARIA CANTWELL, Washington
LISA MURKOWSKI, Alaska
Paul Moorehead, Majority Staff Director/Chief Counsel
Patricia M. Zell, Minority Staff Director/Chief Counsel
(ii)
I. HISTORY AND JURISDICTION
A. Summary. In 1977, the Senate re-established the
Committee on Indian Affairs, making it a temporary select
committee [February 4, 1977, S. Res. 4, Sec. 105, 95th
Congress., 1st Sess. (1977), as amended]. The select committee
was to disband at the close of the 95th Congress, but following
several term extensions, the Senate voted to make the committee
permanent on June 6, 1984. The committee has jurisdiction to
study the unique problems of American Indian, Native Hawaiian,
and Alaska Native peoples and to propose legislation to
alleviate these difficulties. These issues include, but are not
limited to, Indian education, economic development, land
management, trust responsibilities, health care, and claims
against the United States. Additionally, all legislation
proposed by Members of the Senate that specifically pertains to
American Indians, Native Hawaiians, or Alaska Natives is under
the jurisdiction of the committee.
B. History. Until 1946, when a legislative reorganization
act abolished both the House and Senate Committees on Indian
Affairs, the Senate Committee on Indian Affairs had been in
existence since the early 19th century. After 1946, Indian
affairs legislative and oversight jurisdiction was vested in
subcommittees of the Interior and Insular Affairs Committees of
the House of Representatives and the Senate. While this
subcommittee arrangement may not have specifically reflected a
diminishment of the consideration given Indian affairs by the
Congress, the revised arrangement historically coincided with a
20-year hiatus in Indian affairs known as the ``Termination
Era''--a period in which the prevailing policy of the United
States was to terminate the Federal relationship with Indian
tribes, including the transfer of jurisdiction over tribal
lands to the States.
By the mid-1960's, this termination philosophy was in
decline as a failed policy and the Congress began to include
Indian tribes in legislation designed to rebuild the social
infrastructure of the Nation and provide economic opportunities
for economically-depressed areas. In the early 1970's the
termination era was decisively ended with the enactment of the
Menominee Restoration Act of 1973. Although a number of
important legislative initiatives affecting Indians were
enacted in the early 1970's, it became clear that the existing
subcommittee structure was not providing an adequate forum for
legislating appropriate solutions to problems confronting
Indian country. Legislative jurisdiction over Indian affairs
was fragmented among a number of committees. Overall, more than
10 committees in the Congress were responsible for Indian
affairs, a situation which resulted in a sometimes disjointed
treatment of Indian affairs and in an often haphazard
development of Federal Indian
policy.
C. Re-establishment of committee. In 1973, Senator James
Abourezk introduced S.J. Res. 133 to establish a Federal
commission to review all aspects of policy, law, and
administration relating to affairs of the United States with
American Indian tribes and people. The Senate and the House of
Representatives both adopted S.J. Res. 133 and on January 2,
1975, the resolution was signed into law by the President, thus
establishing the American Indian Policy Review Commission
[Public Law 93-580]. As the work of this Commission progressed,
it became readily apparent that a Senate committee with full
legislative and oversight authority was needed to receive the
report of the American Indian Policy Review Commission and to
act upon its recommendations. Indeed, one of the final
recommendations of the Commission was that a full-fledged
Indian affairs committee be established in the Senate.
At the same time the Commission was formulating its
recommendation for the establishment of an Indian affairs
committee, the Senate was developing a far-reaching proposal
for reorganization of the entire Senate committee system. Under
this proposal, the Subcommittee on Indian Affairs under the
Committee on Interior and Insular Affairs was to be abolished
with its natural resource functions to be distributed among
other newly formed Senate committees and its human resources
functions to be transferred to the Senate Committee on Labor
and Human Resources.
In view of the pending report of the American Indian Policy
Review Commission and its anticipated recommendations, however,
the Senate revamped its committee reorganization proposal to
include the establishment of a temporary select committee to
receive the Commission's report and to act on its
recommendations. Thus, there was included within S. Res. 4 of
February 4, 1977, the Committee System Reorganization
Amendments of 1977, a provision to establish a select committee
on Indian affairs with full jurisdiction over all proposed
legislation and other matters relating to Indian affairs. With
the commencement of the 96th Congress, the Select Committee on
Indian Affairs was to expire and jurisdiction over Indian
matters was to be transferred to the Senate Committee on Labor
and Human Resources.
As the Select Committee on Indian Affairs grappled with the
report of the American Indian Policy Review Commission and the
many other Indian issues that were presented to it during the
95th Congress, it became increasingly evident that if the
Congress was to continue to meet its constitutional, legal, and
historical responsibilities in the area of Indian affairs, an
ongoing legislative committee with adequate expertise and
resources should be re-established in the Senate.
S. Res. 405, to make the Select Committee on Indian Affairs
a permanent committee of the Senate, was introduced by Senator
Abourezk on February 22, 1978. The measure was amended by the
Rules Committee to extend the life of the committee for 2 years
until January 2, 1981, and was agreed to by the Senate on
October 14, 1978. In the 96th Congress, Senator John Melcher,
who was at the time chairman of the Select Committee on Indian
Affairs, introduced S. Res. 448 to make it a permanent
committee. The resolution had 28 cosponsors, and was reported
by the Rules Committee with an amendment to extend the Select
Committee on Indian Affairs to January 2, 1984, and to expand
the membership to seven members commencing in the 97th
Congress. S. Res. 448 was adopted by the Senate on December 11,
1980.
D. Permanent Committee. On April 28, 1983, Senator Mark
Andrews, chairman of the Select Committee on Indian Affairs in
the 98th Congress, introduced S. Res. 127 to make the committee
a permanent committee. This resolution had 28 cosponsors. On
November 1, 1983, the Committee on Rules and Administration
voted unanimously to report the resolution without amendment,
and the resolution was so reported on November 2, 1983 [S.
Rept. 98-294]. On November 18, the last day of the first
session of the 98th Congress, the Senate agreed to an extension
of the select committee to July 1, 1984, in order to allow time
for later debate. By the time the resolution was brought to the
floor for consideration there were 60 cosponsors. On June 4,
1984, the Select Committee on Indian Affairs was made a
permanent committee of the Senate [S. Res. 127, 98th Congress,
2d Sess.]. In 1993, the Select Committee on Indian Affairs was
re-designated as the Committee on Indian Affairs [Sec. 25, S.
Res. 71, 103d Cong., 1st Sess.].
E. Committee Membership. The number of members serving on
the committee has expanded since its formation in 1977. At the
time the committee was formed in the 95th Congress, there were
five members. The membership remained at five in the 96th
Congress, but grew to seven in the 97th Congress and the 98th
Congress. The membership increased to 9 in the 99th Congress,
decreased to 8 in the 100th Congress and, in the 101st Congress
grew to 10. In the 102d Congress the membership of the
committee expanded to 16 members. A further increase occurred
in the beginning of the 103d Congress when the membership was
expanded to 18.
In the 104th Congress, the Senate intially named 17 of its
members to serve on the committee, and elected Senator John
McCain as chairman and Senator Daniel K. Inouye as vice
chairman. The 104th Congress subsequently reduced the committee
to 16 members. In the 105th Congress, membership was decreased
to 14. The number of members assigned to the committee in the
Rules has not since been amended. In the 106th Congress, 14
members were appointed to the committee. In the 107th Congress,
there were intially 14 members.
In May 2001 Senator Jim Jeffords left the Republican Party
to become an Independent. At that time Senator Campbell
relinquished the chairmanship of the committee and Senator
Inouye became chairman, then presiding over the 15-member
committee. In the 108th Congress, Senator Campbell re-assumed
the chairmanship and Senator Inouye served as vice chairman of
the 14-member committee.
II. JURISDICTION AND RULES OF THE COMMITTEE ON INDIAN AFFAIRS
A. Excerpts from Senate Resolution 4. The Committee System
Reorganization Amendments of 1977 as amended and revised to reflect
membership and designations applicable to the 108th Congress.
Committee on Indian Affairs, to which committee shall be
referred all proposed legislation, messages, petitions,
memorials, and other matters relating to Indian affairs:
Sec. 105(a)(1) There is established a Committee on
Indian Affairs [hereafter in this section referred to
as the committee] which shall consist of 14 members, 8
to be appointed by the President of the Senate, upon
the recommendation of the majority leader, from among
members of the majority party and 6 to be appointed by
the President of the Senate, upon recommendation of the
minority leader, from among the members of the minority
party. The committee shall select a chairman from among
its members.
(2) A majority of the members of the committee shall
constitute a quorum thereof for the transaction of
business, except that the committee may fix a lesser
number as a quorum for the purpose of taking testimony.
The committee shall adopt rules of procedure not
inconsistent with this section and the rules of the
Senate governing standing committees of the Senate.
(3) Vacancies in the membership of the committee shall
not affect the authority of the remaining members to
execute the functions of the committee.
(4) For purposes of paragraph 6 of rule XXV of the
Standing Rules of the Senate, service of a Senator as a
member or chairman of the committee shall not be taken
into account.
(b)(1) All proposed legislation, messages, petitions,
memorials, and other matters relating to Indian affairs
shall be referred to the committee.
(2) It shall be the duty of the committee to conduct a
study of any and all matters pertaining to problems and
opportunities of Indians, including but not limited to,
Indian land management and trust responsibilities,
Indian education, health, special services, and loan
programs, and Indian claims against the United States.
(3) The committee shall from time to time report to the
Senate, by bill or otherwise within its jurisdiction.
(c)(1) For the purposes of this resolution, the
committee is authorized, in its discretion, (A) to make
investigations into any matter within its jurisdiction,
(B) to make expenditures from the contingent fund of
the Senate, (C) to employ personnel, (D) to hold
hearings, (E) to sit and act at any time or place
during the sessions, recesses, and adjourned periods of
the Senate, (F) to require, by subpoena or otherwise,
the attendance of witnesses and the production of
correspondence, books, papers, and documents, (G) to
take depositions and other testimony, (H) to procure
the services of individual consultants or organizations
thereof, in accordance with the provisions of section
202(I) of the Legislative Reorganization Act of 1946,
and (I) with the prior consent of the Government
department or agency concerned and the Committee on
Rules and Administration, to use on a reimbursable
basis the services of personnel of any such department
or agency.
(2) The chairman of the committee or any member thereof
may administer oaths to witnesses.
(3) Subpoenas authorized by the committee may be issued
over the signature of the chairman, or any member of
the committee designated by the chairman, and may be
served by any person designated by the chairman or any
member signing the subpoena.
B. Rules of the Committee on Indian Affairs
Senate Standing Rule XXVI requires each committee to adopt
rules to govern the procedures of the committee and to publish
those rules in the Congressional Record not later than March 1
of the first year of each Congress. On January 29, 2003, the
Committee on Indian Affairs held a business meeting during
which the members of the committee unanimously adopted rules to
govern the procedures of the committee. The rules as adopted
follow.
committee rules
Rule 1. The Standing Rules of the Senate, S. Res. 4, and
the provisions of the Legislative Reorganization Act of 1946,
as amended by the Legislative Reorganization Act of 1970, to
the extent the provisions of such act are applicable to the
committee on Indian Affairs and supplemented by these rules,
are adopted as the rules of the committee.
meetings of the committee
Rule 2. The committee shall meet on the first Tuesday of
each month while the Congress is in session for the purpose of
conducting business, unless for the convenience of the members,
the chairman shall set some other day for a meeting. Additional
meetings may be called by the chairman as he may deem
necessary.
open hearings and meetings
Rule 3. Hearings and business meetings of the committee
shall be open to the public except When the chairman by a
majority vote orders a closed hearing or meeting.
hearing procedure
Rule 4(a). Public notice shall be given of the date, place
and subject matter of any hearing to be held by the committee
at least 1 week in advance of such hearing unless the chairman
of the committee determines that the hearing is
noncontroversial or that special circumstances require
expedited procedures and a majority of the committee involved
concurs. In no case shall a hearing be conducted with less than
24 hours notice.
(b). Each witness who is to appear before the committee
shall file with the committee, at least 72 hours in advance of
the hearing, an original, printed version of his or her written
testimony. In addition, each witness shall provide an
electronic copy of the testimony on a computer disk formatted
and suitable for use by the committee. Further, each witness is
required to submit by way of electronic mail, one copy of his
or her testimony in a format determined by the committee and
sent to an electronic mail address specified by the committee.
(c). Each member shall be limited to 5 minutes in
questioning of any witness until such times as all members who
so desire have had an opportunity to question the witness
unless the committee shall decide otherwise.
(d). The chairman and vice chairman or the ranking majority
and minority members present at the hearing may each appoint
one committee staff member to question each witness. Such staff
member may question the witness only after all members present
have completed their questioning of the witness or at such time
as the chairman and vice chairman or the ranking majority and
minority members present may agree.
business meeting agenda
Rule 5(a). A legislative measure or subject shall be
included in the agenda of the next following business meeting
of the committee if a written request by a member for such
inclusion has been filed with the chairman of the committee at
least 1 week prior to such meeting. Nothing in this rule shall
be construed to limit the authority of the chairman of the
committee to include legislative measures or subject on the
committee agenda in the absence of such request.
(b). Notice of, and the agenda for, any business meeting of
the committee shall be provided to each member and made
available to the public at least 2 days prior to such meeting,
and no new items may be added after the agenda is published
except by the approval of a majority of the members of the
committee. The clerk shall promptly notify absent members of
any action taken by the committee on matters not included in
the published agenda.
quorum
Rule 6(a). Except as provided in subsections (b) and (c), 8
members shall constitute a quorum for the conduct of business
of the committee. Consistent with Senate rules, a quorum is
presumed to be present unless the absence of a quorum is noted
by a member.
(b). A measure may be ordered reported from the committee
unless an objection is made by a member, in which case a
recorded vote of the members shall be required.
(c). One member shall constitute a quorum for the purpose
of conducting a hearing or taking testimony on any measure
before the committee.
voting
Rule 7(a). A recorded vote of the members shall be taken
upon the request of any member.
(b). Proxy voting shall be permitted on all matters, except
that proxies may not be counted for the purpose of determining
the presence of a quorum. Unless further limited, a proxy shall
be exercised only for the date for which it is given and upon
the terms published in the agenda for that date.
sworn testimony and financial statements
Rule 8. Witnesses in committee hearings may be required to
give testimony under oath whenever the chairman or vice
chairman of the committee deems it to be necessary. At any
hearing to confirm a Presidential nomination, the testimony of
the nominee, and at the request of any member, any other
witness, shall be under oath.
Every nominee shall submit a financial statement, on forms
to be perfected by the committee, which shall be sworn to by
the nominee as to its completeness and accuracy. All such
statements shall be made public by the committee unless the
committee, in executive session, determines that special
circumstances require a full or partial exception to this rule.
Members of the committee are urged to make public a complete
disclosure of their financial interests on forms to be
perfected by the committee in the manner required in the case
of Presidential nominees.
confidential testimony
Rule 9. No confidential testimony taken by, or confidential
material presented to the committee or any report of the
proceedings of a closed committee hearing or business meeting
shall be made public in whole or in part by way of summary,
unless authorized by a majority of the members of the committee
at a business meeting called for the purpose of making such a
determination.
defamatory statements
Rule 10. Any person whose name is mentioned or who is
specifically identified in, or who believes that testimony or
other evidence presented at, an open committee hearing tends to
defame him or her or otherwise adversely affect his or her
reputation may file with the committee for its consideration
and action a sworn statement of facts relevant to such
testimony of evidence.
broadcasting of hearings or meetings
Rule 11. Any meeting or hearing by the committee which is
open to the public may be covered in whole or in part by
television, radio broadcast, or still photography.
Photographers and reporters using mechanical recording,
filming, or broadcasting devices shall position their equipment
so as not to interfere with the sight, vision, and hearing of
members and staff on the dais or with the orderly process of
the meeting or hearing.
amending the rules
Rule 12. These rules may be amended only by a vote of a
majority of all the members of the committee in a business
meeting of the committee; provided, that no vote may be taken
on any proposed amendment unless such amendment is reproduced
in full in the committee agenda for such meeting at least 7
days in advance of such meeting.
III. SUMMARY OF COMMITTEE ACTIVITIES FOR THE 108th CONGRESS
A. Overview. In the 108th Congress, a total of 80 bills and
7 resolutions were referred to the Committee on Indian Affairs
for consideration. The committee reported to the Senate for
action a total of 37 bills and 5 resolutions; 8 of the bills
and 1 resolution reported by the committee became public law.
The committee also reported the nomination of 4 Presidential
appointees who were subsequently confirmed by the Senate. The
committee held 61 hearings, 19 of which were oversight
hearings.
B. Legislation reported and enacted into law. A number of
the bills over which the committee exercised its jurisdiction
were reported by the committee and signed into law by the
President. These included a bill to provide for the use or
distribution of certain funds awarded to the Gila River Pima-
Maricopa Indian Community, S. 162, Public Law 108-22; a bill to
approve the settlement of the water rights claims of the Zuni
Indian Tribe in Apache County, AZ, S. 222, Public Law 108-034;
a bill to provide for adjustments to the Central Arizona
Project in Arizona, to authorize the Gila River Indian
Community water rights settlement, and to reauthorize and amend
the Southern Arizona Water Rights Settlement Act of 1982, S.
437, Public Law 108-451; a technical corrections bill relating
to laws affecting Native Americans, S. 523, Public Law 108-204;
a bill authorizing construction of a health care facility on
the Fort Berthold Indian Reservation, S. 1146, Public Law 108-
437; a bill to amend the Indian Land Consolidation Act to
improve provisions relating to probate of trust and restricted
land, S. 1721, Public Law 108-374; a bill to reaffirm the
inherent sovereign rights of the Osage Tribe to determine its
membership and form of government, H.R. 2912, Public Law 108-
431; and a bill to clarify the loan guarantee authority under
title VI of the Native American Housing Assistance and Self-
Determination Act of 1996, H.R. 4471, Public Law 108-393.
C. Legislation reported by the committee. A number of the
bills over which the committee has jurisdiction were reported
by the committee but were not enacted into law. These measures
include: A bill to establish a direct line of authority for the
Office of Trust Reform Implementation and Oversight to oversee
the management and reform of Indian trust funds and assets
under the jurisdiction of the Department of the Interior, and
to advance tribal management of such funds and assets, pursuant
to the Indian Self-Determination Act [S. 175]; a bill to amend
the Transportation Equity Act for the 21st Century to make
certain amendments with respect to Indian tribes, to provide
for training and technical assistance to Native Americans who
are interested in commercial vehicle driving careers [S. 281];
a bill to authorize the integration and consolidation of
alcohol and substance abuse programs and services provided by
Indian tribal governments [S. 285]; a bill to provide reforms
and resources to the Bureau of Indian Affairs to improve the
Federal acknowledgment process [S. 297]; a bill expressing the
policy of the United States regarding the United States
relationship with Native Hawaiians and to provide a process for
the recognition by the United States of the Native Hawaiian
governing entity [S. 344]; a bill to provide for the
acknowledgment of the Lumbee Tribe of North Carolina [S. 420];
a bill to provide for the distribution of judgment funds to the
Assiniboine and Sioux Tribes of the Fort Peck Reservation [S.
428]; a bill to establish a Native American-owned financial
entity to provide financial services to Indian tribes, Native
American organizations, and Native Americans [S. 519]; a bill
to amend the act of August 9, 1955, to extend the terms of
leases of certain restricted Indian land [S. 521]; a bill to
amend the Energy Policy Act of 1992 to assist Indian tribes in
developing energy resources [S. 522]; a bill to establish the
Native American Health and Wellness Foundation [S. 555]; a bill
to amend the Indian Health Care Improvement Act to revise and
extend that act [S. 556]; a bill to elevate the position
Director of the Indian Health Service within the Department of
Health and Human Services to Assistant Secretary for Indian
Health [S. 558]; a bill to provide for the use and distribution
of the funds awarded to the Western Shoshone identifiable group
under Indian Claims Commission Docket Numbers 326-A-1, 326-A-3,
326-K [S. 618]; a bill to amend the Native Hawaiian Health Care
Improvement Act to revise and extend that act [S. 702]; a bill
to extend Federal recognition to the Chickahominy Indian Tribe,
the Chickahominy Indian Tribe-Eastern Division, the Upper
Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan
Indian Nation, and the Nansemond Indian Tribe [S. 1423]; a bill
to provide for equitable compensation of the Spokane Tribe of
Indians of the Spokane Reservation in settlement of claims of
the tribe concerning the contribution of the tribe to the
production of hydropower by the Grand Coulee Dam [S. 1438]; a
bill to amend the Indian Gaming Regulatory Act to include
provisions relating to the payment and administration of gaming
fees [S. 1529]; a bill to provide compensation to the Lower
Brule and Crow Creek Sioux Tribes of South Dakota for damage to
tribal land caused by Pick-Sloan projects along the Missouri
River [S. 1530]; a bill to amend the Indian Child Protection
and Family Violence Prevention Act to provide for the reporting
and reduction of child abuse and family violence incidences on
Indian reservations [S. 1601]; a bill to amend the Indian Self-
Determination and Education Assistance Act to provide further
self-governance by Indian tribes [S. 1696]; a bill to amend the
Indian Self-Determination and Education Assistance Act to
provide further self-governance by Indian tribes [S. 1715]; a
bill to provide habitable living quarters for teachers,
administrators, other school staff, and their households in
rural areas of Alaska located in or near Alaska Native Villages
[S. 1905]; a bill to make technical corrections to laws
relating to Native Americans [S. 1955]; a bill to enhance and
provide to the Oglala Sioux Tribe and Angostura Irrigation
Project certain benefits of the Pick-Sloan Missouri River basin
program [S. 1996]; a bill to amend the act of November 2, 1966
[80 Stat. 1112], to allow binding arbitration clauses to be
included in all contracts affecting the land within the Salt
River Pima-Maricopa Indian Reservation [S. 2277]; a bill to
establish grant programs for the development of
telecommunications capacities in Indian country [S. 2382]; a
bill to reauthorize the Native American Programs Act of 1974
[S. 2436]; a bill to clarify the loan guarantee authority under
title VI of the Native American Housing Assistance and Self-
Determination Act of 1996 [S. 2571]; a bill to direct the
Secretary of the Interior and the heads of other Federal
agencies to carryout an agreement resolving major issues
relating to the adjudication of water rights in the Snake River
Basin, Idaho [S. 2605]; and a bill to make technical
corrections to laws relating to Native Americans [S. 2843].
D. Legislation given active consideration. A wide variety
of bills were given active consideration by the committee. In
the 108th Congress, the committee held several hearings on
bills addressing the Department of the Interior, Bureau of
Indian Affairs, potential settlement of the Cobell lawsuit,
National Indian Gaming Commission regulation. Health care,
probate reform, transportation, energy development, Native
American languages, fish and wildlife management, child
protection, and economic development were also the subject of
hearings. The committee also held hearings on bills affecting
specific tribes, including construction of a health care
facility at Fort Berthold Indian Reservation; a Lumbee
Acknowledgment Act; Spokane Reservation Grand Coulee Dam
Equitable Compensation Settlement Act; Coos, Lower Umpqua, and
Siuslaw Restoration Amendments Act; Nez Perce Water Rights Act;
and a hearing on water problems on the Standing Rock Sioux
Reservation.
E. Legislation referred to the committee. A wide variety of
measures were introduced and referred to the committee
including:
1. S. Res. 64, An original resolution authorizing
expenditures by the Senate Committee on Indian Affairs.
2. S. Res. 246, A resolution expressing the sense of the
Senate that November 22, 1983, the date of the restoration by
the Federal Government of Federal recognition to the
Confederated Tribes of the Grand Ronde Community of Oregon,
should be memorialized.
3. S. Res. 248, A resolution expressing the sense of the
Senate concerning the individual Indian money account trust
funds.
4. S. 162, a bill to provide for the use of distribution of
certain funds awarded to the Gila River Pima-Maricopa Indian
Community. lawsuit.
5. S. 175, a bill to establish a direct line of authority
for the Office of Trust Reform Implementation and Oversight to
oversee the management and reform of Indian trust funds and
assets under the jurisdiction of the Department of the
Interior, and to advance tribal management of such funds and
assets, pursuant to the Indian Self-Determination Act.
6. S. 222, a bill to approve the settlement of the water
rights claims of the Zuni Indian Tribe in Apache County, AZ.
7. S. 281, a bill to amend the Transportation Equity Act
for the 21st Century to make certain amendments with respect to
Indian tribes, to provide for training and technical assistance
to Native Americans who are interested in commercial vehicle
driving
careers.
8. S. 285, a bill to authorize the integration and
consolidation of alcohol and substance abuse programs and
services provided by Indian tribal governments.
9. S. 297, a bill to provide reforms and resources to the
Bureau of Indian Affairs to improve the Federal acknowledgment
process.
10. S. 344, a bill expressing the policy of the United
States regarding the United States relationship with Native
Hawaiians and to provide a process for the recognition by the
United States of the Native Hawaiian governing entity.
11. S. 420, a bill to provide for the acknowledgment of the
Lumbee Tribe of North Carolina.
12. S. 428, a bill to provide for the distribution of
judgment funds to the Assiniboine and Sioux Tribes of the Fort
Peck Reservation.
13. S. 437, a bill to provide for adjustments to the
Central Arizona Project in Arizona, to authorize the Gila River
Indian Community water rights settlement, and to reauthorize
and amend the Southern Arizona Water Rights Settlement Act of
1982.
14. S. 519, a bill to establish a Native American-owned
financial entity to provide financial services to Indian
tribes, Native American organizations, and Native Americans.
15. S. 521, a bill to amend the act of August 9, 1955, to
extend the terms of leases of certain restricted Indian land.
16. S. 522, a bill to amend the Energy Policy Act of 1992
to assist Indian tribes in developing energy resources.
17. S. 523, a technical corrections bill relating to laws
affecting Native Americans.
18. S. 555, a bill to establish the Native American Health
and Wellness Foundation.
19. S. 556, a bill to amend the Indian Health Care
Improvement Act to revise and extend that Act.
20. S. 558, a bill to elevate the position Director of the
Indian Health Service within the Department of Health and Human
Services to Assistant Secretary for Indian Health.
21. S. 618, a bill to provide for the use and distribution
of the funds awarded to the Western Shoshone identifiable group
under Indian Claims Commission Docket Numbers 326-A-1, 326-A-3,
326-K.
22. S. 702, a bill to amend the Native Hawaiian Health Care
Improvement Act to revise and extend that act.
23. S. 1146, a bill authorizing construction of a health
care facility on the Fort Berthold Indian Reservation
24. S. 1423, a bill to extend Federal recognition to the
Chickahominy Indian Tribe, the Chickahominy Indian Tribe-
Eastern Division, the Upper Mattaponi Tribe, the Rappahannock
Tribe, Inc., the Monacan Indian Nation, and the Nansemond
Indian Tribe.
25. S. 1438, a bill to provide for equitable compensation
of the Spokane Tribe of Indians of the Spokane Reservation in
settlement of claims of the tribe concerning the contribution
of the tribe to the production of hydropower by the Grand
Coulee Dam.
26. S. 1529, a bill to amend the Indian Gaming Regulatory
Act to include provisions relating to the payment and
administration of gaming fees.
27. S. 1530, a bill to provide compensation to the Lower
Brule and Crow Creek Sioux Tribes of South Dakota for damage to
tribal land caused by Pick-Sloan projects along the Missouri
River.
28. S. 1601, a bill to amend the Indian Child Protection
and Family Violence Prevention Act to provide for the reporting
and reduction of child abuse and family violence incidences on
Indian reservations.
29. S. 1696, a bill to amend the Indian Self-Determination
and Education Assistance Act to provide further self-governance
by Indian tribes.
30. S. 1715, a bill to amend the Indian Self-Determination
and Education Assistance Act to provide further self-governance
by Indian tribes.
31. S. 1721, a bill to amend the Indian Land Consolidation
Act to improve provisions relating to probate of trust and
restricted land.
32. S. 1905, a bill to provide habitable living quarters
for teachers, administrators, other school staff, and their
households in rural areas of Alaska located in or near Alaska
Native Villages.
33. S. 1955, a bill to make technical corrections to laws
relating to Native Americans.
34. S. 1996, a bill to enhance and provide to the Oglala
Sioux Tribe and Angostura Irrigation Project certain benefits
of the Pick-Sloan Missouri River basin program.
35. S. 2277, a bill to amend the act of November 2, 1966
[80 Stat. 1112], to allow binding arbitration clauses to be
included in all contracts affecting the land within the Salt
River Pima-Maricopa Indian Reservation.
36. S. 2382, a bill to establish grant programs for the
development of telecommunications capacities in Indian country.
37. S. 2436, a bill to reauthorize the Native American
Programs Act of 1974.
38. S. 2571, a bill to clarify the loan guarantee authority
under title VI of the Native American Housing Assistance and
Self-Determination Act of 1996.
39. S. 2605, a bill to direct the Secretary of the Interior
and the heads of other Federal agencies to carry out an
agreement resolving major issues relating to the adjudication
of water rights in the Snake River Basin, Idaho.
40. S. 2843, a bill to make technical corrections to laws
relating to Native Americans.
41. H.R. 2912, a bill to reaffirm the inherent sovereign
rights of the Osage Tribe to determine its membership and form
of government
42. H.R. 4471, a bill to clarify the loan guarantee
authority under title VI of the Native American Housing
Assistance and Self-Determination Act of 1996.
F. Oversight activity. A substantial portion of the
committee's hearing and investigatory energy was devoted to
carrying out its authority and responsibility to provide
oversight of the executive branch's implementation of Federal
Indian law and policy and to investigate all matters pertaining
to Indian affairs.
The hearings touched on a wide range of issues, including
the role and funding of the National Indian Gaming Commission;
proposed reorganization of the Bureau of Indian Affairs; status
of telecommunications in Indian country; status of tribal fish
and wildlife management; Native American sacred places; Indian
Gaming Regulatory Act; potential settlement of Cobell v.
Norton; status of completion of the National Museum of the
American Indian, proposed reorganization of major agencies and
functions related to Indian trust reform matters within the
Department of the Interior; Inter-Tribal Timber Council's
Indian Forest Management Assessment Team report; No Child Left
Behind Act, Indian tribal detention facilities; implementation
of the American Indian Religious Freedom Act of 1978;
legislation to reauthorize the Indian Health Care Improvement
Act, contributions of Native American codetalkers in American
military history; water problems on the Standing Rock Sioux
Reservation; and the Native Graves Protection and Repatriation
Act.
In addition, the committee also devoted substantial energy
to investigating the activities of certain individuals and
entities and their relationships and dealings with various
tribes. Pursuant to this investigation [the first formal
investigation conducted by the committee since the 101st
Congress], subpoenas were issued to individuals and entities
with pertinent knowledge of the facts underlying the subject
matter of the investigation, while other information was
voluntarily submitted to the committee by tribes, individuals,
and entities. Two hearings were held at which appeared the
individuals central to the activities under investigation.
Based on the hearings, and information subpoenaed and
voluntarily submitted, the committee determined that the
investigation merited continuation during the upcoming 109th
Congress.
IV. COMMITTEE ACTIVITIES
108th Congress, First Session
A. Committee Hearings and Markups
January 29, 2003.--Business/Organizational Meeting to
Select the Chairman and Vice Chairman.
February 12, 2003.--Hearing on nomination of Ross O.
Swimmer to be Special Trustee-Indian Affairs within Department
of the Interior.
February 25, 2003.--Hearing on S. 344, a bill expressing
the policy of the United States regarding the United States
relationship with Native Hawaiians.
February 26 2003.--Business Meeting on confirmation of Ross
O. Swimmer; S. 162, a bill to provide for the use of
distribution of certain funds awarded to Gila River Pima-
Maricopa Indian Community; and S. 222, a bill to approve
settlement of water rights claims of the Zuni Indian Tribe.
February 26 2003.--Hearing on President's Fiscal Year 2004
Budget Request.
March 5, 2003.--Business Meeting on confirmation of Ross O.
Swimmer.
March 5, 2003.--Hearing on President's Fiscal Year 2004
Budget Request.
March 11, 2003.--Business Meeting to consider the
committee's views and estimates on the President's fiscal year
2004 Budget Request for Indian Programs.
March 19, 2003.--Hearing on S. 424, the ``Tribal Energy
Self-Sufficiency Act and S. 522, the Native American Energy
Development and Self Determination Act of 2003.''
April 2, 2003.--Hearing on S. 556, the Indian Health Care
Reauthorization Act.
April 10, 2003.--Business Meeting for mark up S. 521, S.
522, and S. 523.
April 30, 2003.--Hearing on S. 519, the Native American
Capital formation and Economic Development Act of 2003.
May 7, 2003.--Hearing on S. 550, the American Indian
Probate Reform Act.
May 14, 2003.--Business Meeting on S. 285, S. 344, S. 555,
S. 558, and S. 702
May 14, 2003.Oversight Hearing on the role and funding of
the Federal National Indian Gaming Commission.
May 15, 2003.--Hearing on S. 575, a bill to amend the
Native American Languages Act to provide for the support of
Native American language survival schools.
May 21, 2003.--Oversight Hearing on the proposed
reorganization of the Bureau of Indian Affairs.
May 22, 2003.--Oversight Hearing on S. 550, the American
Indian Probate Reform Act.
June 3, 2003.--Oversight Hearing on the status of tribal
fish and wildlife management programs.
June 4, 2003.--Hearing on S. 281, the Indian Tribal Surface
Transportation Improvement Act of 2003, and S. 725, the tribal
Transportation Program Improvement Act of 2003.
June 4, 2003.--Oversight Hearing on the impacts on tribal
fish and wildlife management programs in the Pacific Northwest.
June 11, 2003.--Confirmation Hearing of Dr. Charles Grim to
be director of the Indian Health Service, U.S. Department of
Health and Human Services.
June 11, 2003.--Hearing on S. 1146, a bill to implement the
recommendations of the Garrison Unit Joint Tribal Advisory
Committee by providing authorization for the construction of a
rural health care facility on the Fort Berthold Indian
Reservation, North Dakota.
June 18, 2003.--Oversight hearing on Native American sacred
places.
June 26, 2003.--Business Meeting on S. 281, the Indian
Tribal Surface Transportation Improvement Act of 2003,
nomination of Dr. Charles Grim to be Director of the Indian
Health Services and nominations of Lisa Nason, Georgianna
Ignace, and John Grimes to the Board of the Institute of
American Indian and Alaska Native Culture and Arts Development.
July 9, 2003.--Oversight Hearing on the Indian Gaming
Regulatory Act.
July 16, 2003.--Business Meeting on S. 618 and S. 1146.
July 16, 2003.--Joint Hearing with House Resources
Committee on S. 556, a Bill to Reauthorize the Indian Health
Care Improvement Act.
July 23, 2003.--Hearing on S. 556, a bill to reauthorize
the Indian Health Care Improvement Act.
July 30, 2003.--Business Meeting to consider S. 428,
Oversight Hearing on potential settlement mechanisms of Cobell
v. Norton, and Hearing on S. 578, The Tribal Government
Amendments to the Homeland Security Act of 2002.
September 17, 2003.--Hearing on S. 420, the Lumbee
Acknowledgment Act of 2003.
September 24, 2003.--Hearing on S. 1601, the Indian Child
Protection and Family Violence Prevention Act of 2003.
September 25, 2003.--Hearing on reauthorization of the Head
Start program.
September 30, 2003.--Joint Hearing with the Committee on
Energy and Natural Resources subcommittee on Water and Power,
and on S. 437, the Arizona Water Settlements Acts.
October 2, 2003.--Hearing on S. 1438, the Spokane Tribe of
Indians of the Spokane Reservation Grand Coulee Dam Equitable
Compensation Settlement Act.
October 15, 2003.--Hearing on S. 550, the American Indian
Probate Reform Act of 2003.
October 16, 2003.--Hearing on the Missouri River Master
Manual.
October 22, 2003.--Hearing on the nomination of David W.
Anderson to be Assistant Secretary--Indian Affairs.
October 29, 2003.--Business Meeting to consider S. 420, the
Lumbee Acknowledgment Act of 2003, S. 1423, the Thomasina E.
Jordan Indian Tribes of Virginia Federal Recognition Act of
2003, and S. 1601, the Indian Child Protection and Family
Violence Prevention Reauthorization Act of 2003.
October 29, 2003.--Legislative Hearing on S. 1770, the
Indian Money Account Claims Satisfaction Act of 2003.
108th Congress, Second Session
B. Committee Hearings and Markups
January 28, 2004.--Business Meeting to consider S. 1721,
the American Indian Probate Reform Act of 2004.
February 11, 2004.--Hearing on the President's Fiscal Year
2005 Budget Request.
February 25, 2004.--Hearing on the President's Fiscal Year
2005 Budget Request.
March 3, 2004.--Business Meeting on pending committee
business.
March 3, 2004.--Oversight Hearing on the Status of the
Completion of the National Museum of the American Indian.
March 16, 2004.--Field Hearing on S. 1905, the Rural
Teacher Housing Act of 2003.
March 24, 2004.--Legislative Hearing on S. 1529, the Indian
Gaming Regulatory Act Amendments of 2003.
March 30, 2004.--Oversight Hearing on the Inter-Tribal
Timber Council's Indian Forest Management Assessment Team
report and Legislative Hearing on S. 868, the Coos, Lower
Umpqua, and Siuslaw Restoration Amendments Act of 2003.
April 7, 2004.--Business Meeting to consider S. 1529 and S.
1955.
April 21, 2004.--Business Meeting to consider S. 344 and S.
1721.
April 21, 2004.--Hearing on S. 297, a bill to provide
reforms and resources to the Bureau of Indian Affairs to
improve the Federal acknowledgment process.
April 28, 2004.--Hearing on S. 2172, a bill to make
technical amendments to the provisions of the Indian Self
Determination and Education Assistance Act relating to contract
support costs.
April 29, 2004.--Hearing on S. 2301, the Native American
Fish and Wildlife Resource Management Act of 2004.
May 12, 2004.--Hearing on S. 1713, the Department of the
Interior Tribal Self Governance Act of 2003.
May 19, 2004.--Hearing on S. 1696, the Department of Health
and Human Services Tribal Self Governance Act of 2003.
May 20, 2004.--Hearing on S. 2382, the Native American
Connectivity Act.
June 8, 2004.--Hearing on S. 2436, the Native American
Programs Act Reauthorization.
June 15, 2004.--Hearing on S. 1530, the Tribal Parity Act.
June 16, 2004.--Business Meeting on S.J. Res. 37, a
resolution to acknowledge a long history of official
depredations and ill-conceived policies by the U.S. Government
regarding Indian tribes, S. 297, the Federal Acknowledgment
Process Reform Act of 2003, S. 1529, the Indian Gaming
Regulatory Act Amendments of 2003, S. 1696, a bill to amend the
Indian Self-Determination and Education Assistance Act to
provide further self-governance by Indian tribes, S. 1715, the
Department of the Interior Tribal Self Governance Act of 2004,
S. 2172, a bill to make technical amendments to the provisions
of the Indian Self Determination and Education Assistance Act
relating to contract support costs, S. 2277, a bill to amend
the act of November 2, 1966 [80 Stat. 1112], to allow binding
arbitration clauses to be included in all contracts affecting
the land within the Sale River Pima-Maricopa Indian
Reservation, S. 2436, a bill to reauthorize the Native American
Programs Act of 1974, and a motion to authorize the chairman to
issue subpoenas in Regarding Tribal Lobbying Matters.
June 16, 2004.--Oversight Hearing on No Child Left Behind
Act.
June 16, 2004.--Hearing on S. 1996, the Oglala Sioux Tribe
Angostura Irrigation Project Rehabilitation and Development
Act.
June 23, 2004.--Business Meeting on S.J. Res. 37, a
resolution to acknowledge a long history of official
depredations and ill-conceived policies by the U.S. Government
regarding Indian tribes; and S. 1996, the Oglala Sioux Tribe
Angostura Irrigation Project Rehabilitation and Development
Act.
June 23, 2004.--Oversight Hearing on Indian Tribal
Detention Facilities.
July 20, 2004.--Hearing on S. 2605, the Nez Perce Water
Rights Act of 2004.
July 21, 2004.--Business Meeting on Issuance of Additional
Subpoenas in Re Tribal Lobbying Matters; S. 2301, the Native
American Fish and Wildlife Resources Management Act of 2004;
and S. 2382, the Native American Connectivity Act.
July 21, 2004.--Hearing on S. 519, the Native American
Capital Formation and Economic Development Act of 2003.
July 21, 2004.--Oversight Hearing on pending legislation to
reauthorize the Indian Health Care Improvement Act.
September 22, 2004.--Business Meeting on S. 1438, S. 2605,
and S. 556.
September 22, 2004.--Oversight Hearing on the Contributions
of Native American Codetalkers in American Military History.
September 29, 2004.--Business Meeting on S. 519, the Native
American Capital Formation and Economic Development Act of
2003, S. 1905, the Rural Teacher Housing Act of 2004, and S.
2843, the Native American Technical Corrections Act of 2004,
September 29, 2004.--Oversight Hearing on Lobbying
Practices Involving Indian Tribes.
November 17, 2004.--Business Meeting on S. 2734, the Indian
Tribal Detention Facility Reform Act of 2004.
November 17, 2004.--Oversight Hearing on lobbying practices
involving Indian tribes.
November 18, 2004.--Oversight Hearing on the water problems
on the Standing rock Sioux Reservation.
December 8, 2004.--Oversight Hearing on the Native Graves
Protection and Repatriation Act.