[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.