[Senate Prints 109-88]
[From the U.S. Government Publishing Office]


109th Congress              COMMITTEE PRINT                     S. Prt.
                                                                 109-88
_______________________________________________________________________

                                     

 
                   HISTORY, JURISDICTION, AND SUMMARY
                       OF LEGISLATIVE ACTIVITIES
                                 OF THE
                          UNITED STATES SENATE

                      COMMITTEE ON INDIAN AFFAIRS

                               DURING THE

                       ONE HUNDRED NINTH CONGRESS

                               2005-2006


[GRAPHIC] [TIFF OMITTED] TONGRESS.#13


         Printed for the use of the Committee on Indian Affairs



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                      COMMITTEE ON INDIAN AFFAIRS

                     JOHN McCAIN, Arizona, Chairman

              BYRON L. DORGAN, North Dakota, Vice Chairman

PETE V. DOMENICI, New Mexico         DANIEL K. INOUYE, Hawaii
CRAIG THOMAS, Wyoming                KENT CONRAD, North Dakota
GORDON H. SMITH, Oregon              DANIEL K. AKAKA, Hawaii
LISA MURKOWSKI, Alaska               TIM JOHNSON, South Dakota
MICHAEL D. CRAPO, Idaho              MARIA CANTWELL, Washington
RICHARD BURR, North Carolina
TOM COBURN, M.D., Oklahoma

               John Tahsuda, III, Majority Staff Director

               Sarah G. Garland, Minority Staff Director

                  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 Senate Joint Resolution No. 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 (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 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 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 Senate Resolution 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 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.
    Senate Resolution 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 Senate Committee on Rules and 
Administration to extend the life of the committee for two 
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 Senate Resolution 448 to make it a 
permanent committee. The Resolution had 28 cosponsors, and was 
reported by the Committee on Rules and Administration with an 
amendment to extend the Select Committee to January 2, 1984, 
and to expand the membership to seven members commencing in the 
97th Congress. Senate Resolution 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 Senate Resolution 127 to make the 
Committee a permanent committee. This Resolution had 28 
cosponsors. On November 1, 1983, the Senate 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, 1983, 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 debate. By the time Senate 
Resolution 127 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 Cong., 2nd Sess.]. In 1993, the Select Committee 
on Indian Affairs was re-designated as the Committee on Indian 
Affairs [Sec. 25, S. Res. 71, 103rd 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. The 
membership increased to nine in the 99th Congress, and by the 
101st Congress, the Committee membership grew to 10. In the 
102nd Congress the membership of the Committee expanded to 16 
members. A further increase occurred in the beginning of the 
103rd Congress when the membership was expanded to 18. In the 
104th Congress, the Senate only 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.
    In both the 106th and 107th Congresses, the Committee 
membership totaled 15. In May, 2001 Senator Jim Jeffords left 
the Republican Party to become an Independent. At that time 
Senator Ben Nighthorse Campbell relinquished the Chairmanship 
to become Vice-Chairman of the Committee and Senator Inouye 
became Chairman, presiding over the 15-member Committee. In the 
108th Congress, Senator Campbell re-assumed the Chairmanship 
and Senator Inouye served as Vice-Chairman. In the 109th 
Congress, Senator McCain served as Chairman and Senator Byron 
Dorgan became Vice-Chairman.
 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 109th 
                               Congress.

    Committee on Indian Affairs, to which committee shall be 
referred all proposed legislation, messages, petitions, 
memorials, and other matters relating to Indian affairs:

        LSec. 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.
        L(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.
        L(3) Vacancies in the Membership of the committee shall 
        not affect the authority of the remaining Members to 
        execute the functions of the Committee.
        L(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.
        L(b)(1) All proposed legislation, messages, petitions, 
        memorials, and other matters relating to Indian affairs 
        shall be referred to the Committee.
        L(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.
        L(3) The Committee shall from time to time report to 
        the Senate, by bill or otherwise within its 
        jurisdiction.
        L(c)(1) For the purposes of this resolution, the 
        committee is authorized, in its discretion,
        L(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.
        L(2) The Chairman of the Committee or any Member 
        thereof may administer oaths to witnesses.
        L(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 26, 2005, 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.

                RULES OF THE COMMITTEE ON INDIAN AFFAIRS

    Rule 1. The Standing Rules of the Senate, Senate Resolution 
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 one 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 five (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 
information has been filed with the Chairman of the Committee 
at least one 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 two 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 notice and agenda of any business meeting 
may be provided to the Members by electronic mail, provided 
that a paper copy will be provided to any Member upon request. 
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), a 
majority of the Members shall constitute a quorum for the 
transaction 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.

                         AUTHORIZING SUBPOENAS

    Rule 12. The Chairman may, with the agreement of the Vice 
Chairman, or the Committee may, by majority vote, authorize the 
issuance of subpoenas.

                           AMENDING THE RULES

    Rule 13. 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 seven 
(7) days in advance of such meeting.
  III. SUMMARY OF COMMITTEE ACTIVITIES FOR THE 109th CONGRESS

    A. Overview. In the 109th Congress, a total of 63 bills and 
3 resolutions were referred to the Committee on Indian Affairs 
for consideration. The Committee reported to the Senate for 
action a total of 29 bills and 2 resolutions. Fourteen (14) 
bills reported by the committee became public law. The 
committee also reported the nomination of one Presidential 
appointee, whom the Senate did not subsequently confirm.
    B. Legislation Reported and Enacted Into Law. Fourteen of 
the bills referred to the Committee were reported by the 
Committee and signed into law by the President. These included: 
A bill to direct the Secretary of the Interior to convey 
certain land held in trust for the Paiute Indian Tribe of Utah 
to the City of Richfield, Utah (H.R. 680, Public Law 109-126); 
Colorado River Indian Reservation Boundary Correction Act (H.R. 
794, Public Law 109-47); Native American Housing Enhancement 
Act of 2005 (H.R. 797, Public Law 109-136); A bill to provide 
for certain lands to be held in trust for the Utu Utu Gwaitu 
Paiute Tribe (H.R. 854, Public Law 109-421); Native American 
Technical Corrections Act of 2006 (H.R. 3351, Public Law 109-
221 [included: National Indian Gaming Commission Accountability 
Act of 2005 [S. 1295] and Prairie Island Land Conveyance Act of 
2005 [S. 706]); Esther Martinez Native American Languages 
Preservation Act of 2006 (H.R. 4766, Public Law 109-394); A 
bill to amend the Act of June 7, 1924, to provide for the 
exercise of criminal jurisdiction (S. 279, Public Law 109-133); 
A bill to facilitate shareholder consideration of proposals to 
make Settlement Common Stock under the Alaska Native Claims 
Settlement Act available to missed enrollees, eligible elders, 
and eligible persons born after December 18, 1971 (S. 449, 
Public Law 109-179); A bill to authorize certain tribes in the 
State of Montana to enter into a lease or other temporary 
conveyance of water rights to meet the water needs of the Dry 
Prairie Rural Water Association, Inc. (S.1219, Public Law 109-
410); Pueblo de San Ildefonso Claims Settlement Act of 2005 (S. 
1773, Public Law 109-286); A bill to amend Public Law 107-153 
to modify a certain date (S. 1892, Public Law 109-158); Fort 
McDowell Indian Community Water Rights Settlement Act of 2006 
(S. 2464, Public Law 109-373).
    C. Legislation Reported by the Committee. A number of the 
bills and two resolutions referred to the Committee were 
reported by the Committee but were not enacted into law. These 
measures include: An original resolution authorizing 
expenditures by the Senate Committee on Indian Affairs [S. Res. 
19]; A joint resolution to acknowledge a long history of 
official depredations and ill-conceived policies by the United 
States Government regarding Indian tribes and offer an apology 
to all Native Peoples on behalf of the United States [S.J. Res. 
15]; A bill to modify the date as of which certain tribal land 
of the Lytton Rancheria of California is deemed to be held in 
trust [S. 113]; Native Hawaiian Government Reorganization Act 
of 2005 [S. 147]; Lower Brule and Crow Creek Tribal 
Compensation Act [S. 374]; Native American Omnibus Act of 2005 
[S. 536]; A bill to reauthorize provisions in the Native 
American Housing Assistance and Self-Determination Act of 1996 
relating to Native Hawaiian low-income housing and Federal loan 
guarantees for Native Hawaiian housing [S. 598]; Lumbee 
Recognition Act [S. 660]; Prairie Island Land Conveyance Act of 
2005 [S. 706]; Tribal Colleges and Universities Faculty Loan 
Forgiveness Act [S. 731]; Spokane Tribe of Indians of the 
Spokane Reservation Grand Coulee Dam Equitable Compensation 
Settlement Act [S. 881]; Navajo-Hopi Land Settlement Amendments 
of 2005 [S. 1003]; Indian Health Care Improvement Act 
Amendments of 2005 [S. 1057]; National Fund for Excellence in 
American Indian Education Amendments Act of 2005 [S. 1231]; 
American Indian Elderly and Disabled Access to Health Care Act 
of 2005 [S. 1239]; Pascua Yaqui Mineral Rights Act of 2005 [S. 
1291]; National Indian Gaming Commission Accountability Act of 
2005 [S. 1295]; Reducing Conflicts of Interests in the 
Representation of Indian Tribes Act of 2005 [S. 1312]; Cheyenne 
River Sioux Tribe Equitable Compensation Amendments Act of 2006 
[S. 1535]; Indian Child Protection and Family Violence 
Prevention Act Amendments of 2006 [S. 1899]; Indian Gaming 
Regulatory Act Amendments of 2006 [S. 2078]; Indian Youth 
Telemental Health Demonstration Project Act of 2006 [S. 2245]; 
A bill to amend the Shivwits Band of the Paiute Indian Tribe of 
Utah Water Rights Settlement Act to establish an acquisition 
fund for the water rights and habitat acquisition program [S. 
3501]; Indian Land Consolidation Act Amendments of 2006 [S. 
3526]; Pueblo of Isleta Settlement and Natural Resources 
Restoration Act of 2006 [S. 3648]; A bill to waive application 
of the Indian Self-Determination and Education Assistance Act 
to a specific parcel of real property transferred by the United 
States to two Indian tribes in the State of Oregon, and for 
other purposes [S. 3687].
    D. Legislation Given Active Consideration. A wide variety 
of bills were given active consideration by the committee. In 
the 109th Congress, the Committee held several hearings 
addressing the Department of Interior, Bureau of Indian 
Affairs, and National Indian Gaming Commission regulation. 
Oversight hearings on lobbying practices involving Indian 
tribes were held. Health care, Native Hawaiians, the Native 
American Graves Protection and Repatriation Act, youth suicide 
protection, federal recognition, the Federal Election Campaign 
Act, settlement of the Cobell lawsuit, methamphetamine use in 
Indian Country, and economic development were also the subject 
of hearings. The committee also held hearings on bills 
affecting specific tribes, including the Lytton Rancheria, 
Navajo-Hopi land settlement, Cheyenne River Sioux compensation 
amendments, and federal recognition of Virginia tribes, Grand 
River Band of Ottawa Indians and Lumbee.
    E. Legislation Referred to the Committee. A wide variety of 
measures were introduced and referred to the committee 
including:
    1. S. Res. 358, A resolution expressing the sense of the 
Senate that the Secretary of Health and Human Services, acting 
through the Director of Indian Health Service, should maintain 
the current operating hours of the Wagner Service Unit until 
the Secretary submits to Congress a new report that accurately 
describes the current conditions at the Wagner Service Unit.
    2. S. 147, Native Hawaiian Government Reorganization Act of 
2005.
    3. S. 215, Native Hawaiian Health Care Improvement 
Reauthorization Act of 2005.
    4. S. 412, A bill to reauthorize the Native American 
Programs Act of 1974.
    5. S. 437, Grand River Band of Ottawa Indians of Michigan 
Referral Act.
    6. S. 474, Mark O. Hatfield-Elizabeth Furse Scholarship and 
Excellence in Tribal Governance Act of 2005.
    7. S. 475, Native American Housing Enhancement Act of 2005.
    8. S. 480, Thomasina E. Jordan Indian Tribes of Virginia 
Federal Recognition Act of 2005.
    9. S. 535, Native American Connectivity Act.
    10. S. 623, A bill to direct the Secretary of Interior to 
convey certain land held in trust for the Paiute Indian Tribe 
of Utah to the City of Richfield, Utah, and for other purposes.
    11. S. 630, Tribal Acknowledgment and Indian Bureau 
Enhancement Act of 2005.
    12. S. 631, A bill to provide grants to ensure full and 
fair participation in certain decision making processes of the 
Bureau of Indian Affairs.
    13. S. 690, American Indian Reservation Transportation 
Improvement Program Act.
    14. S. 692, Bisti PRLA Dispute Resolution Act.
    15. S. 972, Albuquerque Indian Health Center Act of 2005.
    16. S. 987, Restoring Safety to Indian Women Act.
    17. S. 1260, Common Sense Indian Gambling Reform Act of 
2005.
    18. S. 1501, Crow Tribe Land Restoration Act.
    19. S. 1505, Shawnee Tribe Status Act Amendments Act of 
2005.
    20. S. 1518, A bill to amend the Indian Gaming Regulatory 
Act to modify a provision relating to the locations in which 
class III gaming is lawful.
    21. S. 1980, Rural Teacher Housing Act of 2005.
    22. S. 2174, A bill to permit certain funds made available 
for the Wagner Service Unit of the Indian Health Service to be 
used to pay expenses incurred in keeping the emergency room of 
that Unit open 24 hours per day, 7 days per week, through 
September 30, 2006.
    23. S. 2674, Native American Languages Act Amendment Act of 
2006.
    24. S. 3635, Albuquerque Indian School Act.
    25. S. 3885, Lake Traverse Reservation Act Amendments of 
2006.
    26. S. 4122, Indian Health Care Improvement Act Amendments 
of 2006.
    27. H.R. 4876, A bill to ratify a conveyance of a portion 
of the Jicarilla Apache Reservation to Rio Arriba County, State 
of New Mexico, pursuant to the settlement of litigation between 
the Jicarilla Apache Nation and Rio Arriba County, State of New 
Mexico, to authorize issuance of a patent for said lands, and 
to change the exterior boundary of the Jicarilla Apache 
Reservation accordingly.
    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 Committee held 42 hearings, including oversight 
hearings on Indian gaming, trust reform, health, education, 
campaign finance, child protection and family violence, 
methamphetamine, economic development, suicide, housing, 
federal recognition, and self governance.
    The Committee was also extensively involved in a series of 
investigative hearings into the practices of certain tribal 
lobbyists, resulting in publication of a report, `` `Gimme 
Five'--Investigation of Tribal Lobbying Matters'' released June 
22, 2006. The Committee also held hearings as well as many 
meetings with the Administration and tribes throughout the 
nation concerning a potential settlement of the on-going 
litigation, Cobell v. Norton, regarding trust activities of the 
U.S. Department of the Interior.
                    IV. COMMITTEE ACTIVITIES

                     109th Congress, First Session

    A. Committee Hearings and Markups
    January 26, 2005.--Business Meeting to organize and select 
a Chairman pursuant to S. Res. 4; consider the Committee budget 
for the 109th Congress; adopt Committee rules for the 109th 
Congress; and consider continuing the protocol used in the 
108th Congress for the release of information obtained by 
subpoena in the ongoing Indian lobbying investigation.
    February 16, 2005.--Oversight Hearing on the President's 
Fiscal Year 2006 Budget for Indian Programs.
    March 1, 2005.--Legislative Hearing on S. 147, to express 
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.
    March 9, 2005.--Business Meeting to consider S. 147, the 
Native Hawaiian Government Reorganization Act; S. 536, A bill 
to make technical corrections to laws relating to Native 
Americans, and for other purposes.
    March 9, 2005.--Oversight Hearing on the views of the 
Administration and Indian Country of how the System of Indian 
trust management, management of funds and natural resources, 
might be reformed.
    April 5, 2005.--Legislative Hearing on S. 113, the date of 
which certain Tribal land of the Lytton Rancheria of California 
is deemed to be held in trust.
    April 13, 2005.--Oversight Hearing on the status of Indian 
health care.
    April 27, 2005.--Oversight Hearing on the regulation of 
Indian gaming, Part I.
    May 2, 2005.--Field Oversight Hearing on the concerns of 
teen suicide among American Indian youth, Part I.
    May 11, 2005.--Oversight Hearing on the Federal recognition 
of Indian tribes.
    May 18, 2005.--Oversight Hearing on taking lands into 
trust.
    May 25, 2005.--Legislative Hearing on S.J. Res. 15, to 
acknowledge a long history of official depredations and ill-
conceived policies by the United States government regarding 
Indian tribes and offer an apology to all Native peoples on 
behalf of the United States.
    June 15, 2005.--Oversight Hearing on the concerns of teen 
suicide among American Indian youth, Part II.
    June 16, 2005.--Oversight Hearing on the status of Indian 
education.
    June 22, 2005.--Oversight Hearing regarding Tribal lobbying 
matters, et. al., Part I.
    June 28, 2005.--Oversight Hearing on the regulation of 
Indian gaming, Part II.
    June 29, 2005.--Business Meeting to consider S.J. Res. 15, 
A bill to acknowledge a long history of official depredations 
and ill-conceived policies by the United States Government 
regrading Indian tribes and offer an apology to all Native 
Peoples on behalf of the United States; S. 374, 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. 113, A bill to 
modify the date as of which certain tribal land of the Lytton 
Rancheria is deemed to be held in trust; S. 881, A bill to 
compensate the Spokane Tribe of Indians for the use of tribal 
land for the production of hydro power by the Grand Coulee Dam, 
and for other purposes; S. 449, A bill to facilitate 
shareholder consideration of proposals to make Settlement 
Common Stock under the Alaska Native Claims Settlement Act 
available to missed enrollees, eligible elders, and persons 
born after Dec. 18, 1971, and for other purposes; H.R. 797 (S. 
475) A bill to amend the Native American Housing Assistance and 
Self-Determination Act of 1996 and other Acts to improve 
housing programs for Indians; H.R. 680 (S. 623) A bill to 
direct the Secretary of the Interior to convey certain land 
held in trust for the Paiute Indian Tribe of Utah to the City 
of Richfield, Utah and for other purposes.
    July 14, 2005.--Legislative Hearing on S. 1057, the Indian 
Health Care Improvement Act Amendments of 2005.
    July 21, 2005.--Legislative Hearing on S. 1003, the Navajo-
Hopi Land Settlement Amendments of 2005.
    July 26, 2005.--Legislative Hearing on S. 1439, to provide 
for Indian trust asset management reform and resolution of 
historical accounting claims.
    July 27, 2005.--Oversight Hearing on land eligible for 
gaming pursuant to the Indian Gaming Regulatory Act, Part III.
    July 28, 2005.--Oversight Hearing on amendments to the 
Native American Graves Protection and Repatriation Act.
    September 21, 2005.--Oversight Hearing on the regulation of 
Indian gaming, Part IV.
    October 27, 2005.--Business Meeting to consider S. 1057, 
the Indian Health Care Improvement Act Amendments of 2005; S. 
1003, The Navajo-Hopi Land Settlement Amendments of 2005; S. 
692, A bill to provide for the conveyance of certain public 
land in northwestern New Mexico by resolving a dispute 
associated with coal preference right lease interests on the 
land; S. 1892, A bill to amend Public Law 107-153 to modify a 
certain date; S. 1219, A bill to authorize certain tribes in 
the State of Montana to enter into a lease or other temporary 
conveyance of water rights to meet the water needs of the Dry 
Prairie Rural Water Association, Inc.
    November 2, 2005.--Oversight Hearing regarding Tribal 
lobbying matters et. al., Part II.
    November 17, 2005.--Oversight Hearing regarding Tribal 
lobbying matters et. al., Part III.

                     109th Congress, Second Session

    B. Committee Hearings and Mark-ups
    February 1, 2006.--Oversight hearing for the process for 
considering gaming applications, Part I.
    February 8, 2006.--Oversight Hearing Regarding the status 
and treatment of Indian tribes under the Federal Election 
Campaign Act.
    February 14, 2006.--Oversight Hearing on the President's 
Fiscal Year 2007 Budget Request for Indian programs, Part I.
    February 23, 2006.--Oversight Hearing on the President's 
Fiscal Year 2007 Budget Request for Indian programs, Part II.
    February 28, 2006.--Oversight Hearing on off-reservation 
gaming: land into trust and the Two-Part Determination, Part 
II.
    March 1, 2006.--Oversight hearing on possible mechanisms to 
settle the Cobell v. Norton lawsuit.
    March 8, 2006.--Legislative Hearing on S. 2078, to amend 
the Indian Gaming Regulatory Act to clarify the authority of 
the National Indian Gaming Commission to regulate Class III 
gaming, to limit the lands eligible for gaming.
    March 15, 2006.--Legislative Hearing on S. 1899, to amend 
the Indian Child Protection and Family Violence Prevention Act 
to identify and remove barriers to reducing child abuse, to 
provide for examinations of certain children.
    March 28, 2006.--Legislative Hearing on Titles II through 
VI of S. 1439,to provide for Indian trust asset management 
reform and resolution of historical accounting claims.
    March 29, 2006.--Business Meeting to consider S. 2078, the 
Indian Gaming Regulatory Act Amendments; S. 1899, Indian Child 
Protection and Family Violence Prevention Act Amendments; S. 
2245, the Indian Youth Telemental Health Demonstration Project 
Act; S. 1773, the Pueblo of San Ildefonso Claims Settlement Act 
of 2005.
    April 5, 2006.--Oversight Hearing on the problem of 
methamphetamine in Indian Country.
    May 10, 2006.--Oversight Hearing on economic development in 
Indian Country.
    May 17, 2006.--Oversight Hearing on the tragedy of Indian 
youth suicide.
    May 25, 2006.--Oversight Hearing on the status of Indian 
education.
    June 14, 2006.--Legislative Hearing on S. 374, to provide 
compensation to the Lower Brule and Crow Creek Tribes of South 
Dakota for damage to Tribal land caused by Pick-Sloan projects 
along the Missouri River; and Legislative Hearing on S. 1535, 
to amend the Cheyenne River Sioux Tribe Equitable Compensation 
Act to provide compensation to members of the Cheyenne River 
Sioux Tribe for damage resulting from the Oahe Dam and 
Reservoir Project.
    June 21, 2006.--Legislative Hearing on S. 437, to expedite 
review of the Grand River Band of Ottawa Indians of Michigan to 
serve a timely and just determination of whether that group is 
entitled to recognition as a Federal Indian tribe; and 
Legislative Hearing on S. 480, 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.
    June 22, 2006.--Business Meeting to consider In re Tribal 
Lobbying Matters Report and Recommendations; S. 2464, the Fort 
McDowell Water Rights Settlement Revision Act of 2006; S. 3501, 
the Shivwits Band of Paiute Water Rights Settlement Amendments 
of 2006; S. 3526, the Indian Land Consolidation Act Amendments 
of 2006.
    June 28, 2006.--Oversight Hearing to review the Native 
American Indian housing programs.
    July 12, 2006.--Legislative Hearing on S. 660, to provide 
for the acknowledgment of the Lumbee Tribe of North Carolina.
    August 2, 2006.--Business Meeting to consider S. 374, the 
Tribal Parity Act; S. 660, the Lumbee Recognition Act; S. 1535, 
the Cheyenne River Sioux Tribe Equitable Compensation 
Amendments Act of 2005.
    September 14, 2006.--Business Meeting to consider the 
Nomination of Carl J. Artman, to be Assistant Secretary-Indian 
Affairs, United States Department of the Interior; H.R. 854, a 
bill to provide for certain lands to be held in trust for the 
Utu Utu Gwaitu Paiute Tribe; S. 3648, the Pueblo of Isleta 
Settlement and Natural Resources Restoration Act of 2006; S. 
3687, a bill to waive application of the Indian Self-
Determination and Education Assistance Act to a specific parcel 
of real property transferred by the United States to 2 Indian 
tribes in the State of Oregon, and for other purposes.
    September 14, 2006.--Hearing on the nomination of Carl J. 
Artman to be Assistant Secretary for Indian Affairs, Department 
of the Interior.
    September 20, 2006.--Oversight Hearing on Tribal self-
governance: obstacles and impediments to expansion of self-
governance.

                                  
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