[Senate Prints 110-61]
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110th Congress  }           COMMITTEE PRINT                  {  S. Prt.
                }                                            {   110-61
_______________________________________________________________________
 
                   HISTORY, JURISDICTION, AND SUMMARY 

                       OF LEGISLATIVE ACTIVITIES 

                                 OF THE 

                          UNITED STATES SENATE 

                      COMMITTEE ON INDIAN AFFAIRS 

                               DURING THE 

                       ONE HUNDRED TENTH CONGRESS 

                               2007-2008 


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                      COMMITTEE ON INDIAN AFFAIRS

                BYRON L. DORGAN, North Dakota, Chairman

                  CRAIG THOMAS, Wyoming, Vice Chairman

DANIEL K. INOUYE, Hawaii             JOHN McCAIN, Arizona
KENT CONRAD, North Dakota            LISA MURKOWSKI, Alaska
DANIEL K. AKAKA, Hawaii              TOM COBURN, M.D., Oklahoma
TIM JOHNSON, South Dakota            PETE V. DOMENICI, New Mexico
MARIA CANTWELL, Washington           GORDON H. SMITH, Oregon
CLAIRE McCASKILL, Missouri           RICHARD BURR, North Carolina
JON TESTER, Montana

                Sara G. Garland, Majority Staff Director

              David A. Mullon Jr. Minority Staff Director

                      COMMITTEE ON INDIAN AFFAIRS

                BYRON L. DORGAN, North Dakota, Chairman

                 LISA MURKOWSKI, Alaska, Vice Chairman

DANIEL K. INOUYE, Hawaii             JOHN McCAIN, Arizona
KENT CONRAD, North Dakota            TOM COBURN, M.D., Oklahoma
DANIEL K. AKAKA, Hawaii              JOHN BARRASSO, Wyoming
TIM JOHNSON, South Dakota            PETE V. DOMENICI, New Mexico
MARIA CANTWELL, Washington           GORDON H. SMITH, Oregon
CLAIRE McCASKILL, Missouri           RICHARD BURR, North Carolina
JON TESTER, Montana

      Allison C. Binney, Majority Staff Director and Chief Counsel

     David A. Mullon Jr., Minority Staff Director and Chief Counsel
                  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-1960s, this Termination philosophy was in 
decline as a failed policy and 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 1970s, 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 1970s, 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 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. The 
Senate further amended the membership of the Committee to 16 
later in the 104th Congress.
    In the 104th Congress, the Senate agreed to amend again the 
membership of the Committee from 16 to 14 members. In the 107th 
Congress, the Senate appointed 15 members to the Committee. 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. In the 
108th Congress, Senator Campbell re-assumed the Chairmanship 
and Senator Inouye served as Vice Chairman with 14 members on 
the Committee. In the 109th Congress, Senator McCain served as 
Chairman and Senator Byron L. Dorgan became Vice Chairman. In 
the 110th Congress, Senator Byron L. Dorgan became Chairman of 
the Committee and Senator Craig Thomas became Vice Chairman. 
Senator Thomas passed away on June 4, 2007. Senator Lisa 
Murkowski became Vice Chairman of the Committee on July 19, 
2007, and served for the remainder of the Congress. Senator 
John Barrasso was added to the minority membership of the 
Committee to maintain the total membership of 15 for the 110th 
Congress.

 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 110th 
                               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 18, 2007, 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 below.


                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 subjects 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 or evidence.


                  broadcasting or 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 LEGISLATIVE ACTIVITIES FOR THE 110th 
                            CONGRESS

    A. Overview. In the 110th Congress, a total of 54 bills and 
4 resolutions were referred to the Committee on Indian Affairs 
for consideration. The Committee reported or discharged to the 
Senate for action a total of 26 bills and 4 resolutions. Eight 
bills reported or discharged by the Committee became public 
law. The Committee also reported or discharged the nominations 
of 8 Presidential appointees, all of whom the Senate 
subsequently confirmed with the exception of 1, which was 
withdrawn by the President.
    B. Legislation Reported or Discharged and Enacted Into Law. 
Eight of the bills referred to the Committee were reported or 
discharged by the Committee and signed into law by the 
President. These bills included:

        1. LA 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 (S. 375, Public Law 110-
        78).
        2. LAn act to direct the Secretary of the Interior to 
        take into trust 2 parcels of Federal land for the 
        benefit of certain Indian Pueblos in the State of New 
        Mexico, and for other purposes (S. 1193, Albuquerque 
        Indian School Act, Public Law 110-453).
        3. LA bill to provide for extensions of leases of 
        certain land by Mashantucket Pequot (Western) Tribe (S. 
        2457, Public Law 110-228).
        4. LA bill to direct the Secretary of the Interior to 
        provide a loan to the White Mountain Apache Tribe for 
        use in planning, engineering, and designing a certain 
        water system project (S. 3128, White Mountain Apache 
        Tribe Rural Water System Loan Authorization Act, Public 
        Law 110-390).
        5. LA joint resolution to honor the achievements and 
        contributions of Native Americans to the United States, 
        and for other purposes (H.J. RES. 62, Native American 
        Heritage Day Act of 2008, Public Law 110-370).
        6. LA bill to reauthorize the programs for housing 
        assistance for Native Americans (H.R. 2786, Native 
        American Housing Assistance and Self-Determination 
        Reauthorization Act of 2008, Public Law 110-411).
        7. LA bill to transfer certain land in Riverside 
        County, California, and San Diego County, California, 
        from the Bureau of Land Management to the United States 
        to be held in trust for the Pechanga Band of Luiseno 
        Mission Indians, and for other purposes (H.R. 2963, 
        Pechanga Band of Luiseno Mission Indians Land Transfer 
        Act of 2007, Public Law 110-383).
        8. LA bill to amend the Arizona Water Settlements Act 
        to modify the requirements for the statement of 
        findings (H.R. 3739, Public Law 110-148).

    C. Legislation Reported by the Committee. Nineteen bills 
and three resolutions referred to the Committee were reported 
by the Committee during the 110th Congress but were not enacted 
into law. These measures included:

        1. LAn original resolution authorizing expenditures by 
        the Senate Committee on Indian Affairs (S. RES. 40) 
        [Referred to the Committee on Rules and Administration; 
        passed the Senate as a combined resolution authorizing 
        expenditures by committees of the Senate, S. RES. 89].
        2. LA resolution recognizing National American Indian 
        and Alaska Native Heritage Month and celebrating the 
        heritage and culture of American Indians and Alaska 
        Natives and the contributions of American Indians and 
        Alaska Natives to the United States (S. RES. 719).
        3. LA 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. 4).
        4. LLower Brule and Crow Creek Tribal Compensation Act 
        (S. 160).
        5. LNative Hawaiian Government Reorganization Act of 
        2007 (S. 310).
        6. LIndian Youth Telemental Health Demonstration 
        Project Act of 2007 (S. 322).
        7. LIndian Child Protection and Family Violence 
        Prevention Act Amendments of 2007 (S. 398).
        8. LShoshone-Paiute Tribes of the Duck Valley 
        Reservation Water Rights Settlement Act (S. 462).
        9. LTribal Colleges and Universities Faculty Loan 
        Forgiveness Act (S. 481).
        10. LA bill to repeal section 10(f) of Public Law 93-
        531, commonly known as the ``Bennett Freeze'' (S. 531).
        11. LIndian Health Care Improvement Act Amendments of 
        2008 (S. 1200).
        12. LIndian Arts and Crafts Amendments Act of 2008 (S. 
        1255).
        13. LA bill to amend the Omnibus Indian Advancement Act 
        to modify the date as of which certain tribal land of 
        the Lytton Rancheria of California is deemed to be held 
        in trust and to provide for the conduct of certain 
        activities on the land (S. 1347).
        14. LTribal Health Promotion and Tribal Colleges and 
        Universities Advancement Act of 2008 (S. 1779).
        15. LNative American Housing Assistance and Self-
        Determination Reauthorization Act of 2007 (S. 2062); 
        see H.R. 2786, which became Public Law 110-411 on 10/
        14/2008.
        16. LNative American Omnibus Technical Corrections Act 
        of 2007 (S. 2087).
        17. LOglala Sioux Tribe Angostura Irrigation Project 
        Modernization and Development Act (S. 2489).
        18. LSpokane Tribe of Indians of the Spokane 
        Reservation Grand Coulee Dam Equitable Compensation 
        Settlement Act (S. 2494).
        19. LA bill to amend the Act of August 9, 1955, to 
        authorize the Cow Creek Band of Umpqua Indians of 
        Oregon, the Coquille Tribe of Oregon, and the 
        Confederated Tribes of the Siletz Reservation, Oregon, 
        to obtain 99-year lease authority for trust land, and 
        to authorize the Morongo Band of Cahuilla Mission 
        Indians of the Morongo Reservation, California, to 
        obtain 50-year lease authority for trust land (S. 
        3192).
        20. LLumbee Recognition Act (H.R. 65).
        21. LHawaiian Homeownership Opportunity Act of 2007 
        (H.R. 835).
        22. LTo amend certain laws relating to Native 
        Americans, and for other purposes (H.R. 5680).

    D. Legislation Given Active Consideration. A variety of 
bills were given active consideration by the Committee. In the 
110th Congress, the Committee held 10 legislative hearings 
addressing the Indian Health Care Improvement Act, the Native 
American Housing Assistance and Self-Determination Act, tribal 
law enforcement, Native Hawaiian reorganization, federal 
recognition, water rights, regulation of Class III gaming, and 
economic development. The Committee also held hearings on bills 
affecting specific tribes, including the Muscogee Nation of 
Florida; the Little Shell Tribe of Chippewa Indians; the Grand 
River Bands of Ottawa Indians of Michigan; the White Mountain 
Apache Tribe; the Crow Tribe; the Pueblos of Nambe, Pojoaque, 
San Ildefonso, Tesuque, and Taos; the Sault Ste. Marie Tribe of 
Chippewa Indians; the Spokane Tribe of Indians; the Pechanga 
Band of Luiseno Mission Indians; the Navajo Nation; the Hopi 
Tribe; and the Shoshone-Paiute Tribes of Duck Valley.
    E. Legislation Referred to the Committee. A variety of 
measures were introduced and referred to the committee during 
the 110th Congress, including:

        1. LA bill to provide for certain land to be held in 
        trust for the Burns Paiute Tribe (S. 16).
        2. LLumbee Recognition Act (S. 333).
        3. LNative Hawaiian Health Care Improvement 
        Reauthorization Act of 2007 (S. 429).
        4. Muscogee Nation of Florida Federal Recognition Act 
        (S. 514).
        5. Hawaiian Homeownership Opportunity Act of 2007 (S. 
        710).
        6. LLittle Shell Tribe of Chippewa Indians Restoration 
        Act of 2007 (S. 724).
        7. LA bill to amend the Morris K. Udall Scholarship and 
        Excellence in National Environmental and Native 
        American Public Policy Act of 1992 to provide funds for 
        training in tribal leadership, management, and policy, 
        and for other purposes (S. 952).
        8. LGrand River Bands of Ottawa Indians of Michigan 
        Referral Act (S. 1058).
        9. Crow Tribe Land Restoration Act (S. 1080).
        10. LA bill to authorize the Coquille Indian Tribe of 
        the State of Oregon to convey land and interests in 
        land owned by the Tribe (S. 1286).
        11. Reclamation Water Settlements Fund Act of 2007 (S. 
        1643).
        12. Lake Traverse Reservation Heirship Act of 2007 (S. 
        1901).
        13. LAmerican Indian Veteran Health Care Improvement 
        Act (S. 2145).
        14. Tribal Water Resources Innovative Financing Act (S. 
        2200).
        15. LForeign Aid Lessons for Domestic Economic 
        Assistance Act of 2007 (S. 2232).
        16. LCommon Sense Indian Gambling Reform Act of 2008 
        (S. 2676).
        17. LMark O. Hatfield Scholarship and Excellence in 
        Tribal Governance Act of 2008 (S. 2949).
        18. Oregon Surplus Federal Land Act of 2008 (S. 3194).
        19. Tribal Law and Order Act of 2008 (S. 3320).
        20. Crow Tribe Water Rights Settlement Act of 2008 (S. 
        3355).
        21. LA bill to authorize the Secretary of the Interior, 
        acting through the Commissioner of Reclamation, to 
        develop water infrastructure in the Rio Grande Basin, 
        and to approve the settlement of the water rights 
        claims of the Pueblos of Nambe, Pojoaque, San 
        Ildefonso, Tesuque, and Taos (S. 3381).
        22. LWhite Mountain Apache Tribe Water Rights 
        Quantification Act of 2008 (S. 3473).
        23. LPyramid Lake Paiute Tribe Fish Springs Ranch 
        Settlement Act (S. 3734).
        24. LCheyenne River Sioux Tribe Equitable Compensation 
        Amendments Act of 2007 (H.R. 487).
        25. Cocopah Lands Act (H.R. 673).
        26. LThomasina E. Jordan Indian Tribes of Virginia 
        Federal Recognition Act of 2007 (H.R. 1294).
        27. LTo amend the Ysleta del Sur Pueblo and Alabama and 
        Coushatta Indian Tribes of Texas Restoration Act to 
        allow the Ysleta del Sur Pueblo tribe to determine 
        blood quantum requirement for membership in that Tribe 
        (H.R. 1696).
        28. LTo direct the Secretary of the Interior to 
        proclaim as reservation for the benefit of the Sault 
        Ste. Marie Tribe of Chippewa Indians a parcel of land 
        now held in trust by the United States for that Indian 
        tribe (H.R. 2120).
        29. LTo authorize the Secretary of the Interior to 
        provide an annual grant to facilitate an iron working 
        training program for Native Americans (H.R. 6685).

    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 28 hearings, including oversight 
hearings on backlogs at the Department of the Interior, the 
state of facilities in Indian Country, Indian Health Service 
property mismanagement, tribal law enforcement, trust reform, 
health, housing, education, violence against Indian women, 
Indian gaming, energy development, economic development, 
financial lending and literacy, federal recognition, and self-
determination.
    The Committee also held five field hearings on issues such 
as fuel prices in rural Alaska and sustainable alternatives; 
Operation Dakota Peacekeeper; tribal law enforcement; health 
care for Alaska Native veterans; and Indian health care.
    In addition, the Committee held three nomination hearings 
for the Assistant Secretary of Indian Affairs and the Directors 
of the Indian Health Service. The Senate confirmed two of these 
nominations, one of the nominations for the Director of the 
Indian Health Service was withdrawn by the President.
                    IV. COMMITTEE ACTIVITIES

                     110th CONGRESS, FIRST SESSION

    A. Committee Hearings and Markups
    January 18, 2007--Business Meeting to consider the 
selection of a Chairman and Vice Chairman of the Committee.
    January 25, 2007--Business Meeting to consider changes to 
the Committee rules and a funding resolution for the Committee 
budget for the 110th Congress.
    February 1, 2007--Nomination Hearing on the President's 
nomination of Mr. Carl Joseph Artman, to be Assistant 
Secretary-Indian Affairs, U.S. Department of the Interior.
    February 8, 2007--Business Meeting to consider S. 322, 
Indian Youth Telemental Health Demonstration Project Act of 
2007; S. 375, 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; S. 398, 
Indian Child Protection and Family Violence Prevention Act 
Amendments of 2007; S. 481, The Tribal Colleges and 
Universities Faculty Loan Forgiveness Act.
    February 8, 2007--Oversight Hearing on diabetes in Indian 
Country, with particular focus on the Special Diabetes Program 
for Indians.
    February 15, 2007--Oversight Hearing on the President's 
Fiscal Year 2008 Budget Request for Tribal Programs.
    March 8, 2007--Legislative Hearing on the Indian Health 
Care Improvement Act.
    March 22, 2007--Oversight Hearing on Indian Housing Issues 
in Indian Country.
    March 29, 2007--Oversight Hearing on Indian trust fund 
litigation.
    April 12, 2007--Oversight Hearing on Tribal Colleges and 
Universities.
    April 26, 2007--Legislative Hearing on S. 462, Shoshone-
Paiute Tribes of Duck Valley Water Rights Settlement Act.
    May 3, 2007--Legislative Hearing on S. 310, the Native 
Hawaiian Government Reorganization Act of 2007.
    May 10, 2007--Business Meeting to consider S. 1200, the 
Indian Health Care Improvement Act Amendments of 2007; S. 310, 
the Native Hawaiian Government Reorganization Act of 2007; H.R. 
835, Hawaiian Homeownership Act of 2007; and S. J. Res. 4, 
Native American Apology.
    May 17, 2007--Oversight Hearing on law enforcement in 
Indian Country.
    June 21, 2007--Oversight Hearing on law enforcement in 
Indian Country.
    June 28, 2007--Legislative Hearing on discussion draft 
legislation regarding the regulation of class III gaming.
    July 12, 2007--(Rescheduled from 06/07/07) Legislative 
Hearing on transportation issues in Indian Country.
    July 19, 2007--Business Meeting to consider the approval of 
Committee Vice Chairman; and S. 462, Shoshone-Paiute Tribes of 
the Duck Valley Reservation Water Rights Settlement Act.
    July 19, 2007--Legislative Hearing on a discussion draft 
legislation to amend and reauthorize the Native American 
Housing Assistance and Self-Determination Act.
    July 26, 2007--Nomination Hearing on the nomination of 
Charles W. Grim to be Director of the Indian Health Service.
    August 15, 2007--Field Hearing on Indian health.
    September 19, 2007--Oversight Hearing on the process of 
federal recognition of Indian tribes.
    September 27, 2007--Business Meeting to consider S. 2087, 
the Native American Omnibus Technical Corrections Act of 2007; 
S. 2062, the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2007; S. 1347, a bill to 
amend the Omnibus Indian Advancement Act to modify the date as 
of which certain tribal land of the Lytton Rancheria of 
California is deemed to be held in trust and to provide for the 
conduct of certain activities on the land; and Nominations to 
be Members of the Board of Trustees, Institute of American 
Indian and Alaska Native Culture and Arts Development.
    September 27, 2007--Oversight Hearing on the prevalence of 
violence against Indian women.
    October 4, 2007--Oversight Hearing on Backlogs at the 
Department of the Interior: Land in to Trust Applications; 
Environmental Impact Statements; Probate; Appraisals and Lease 
Approvals.
    November 1, 2007--Oversight Hearing on the Impact of the 
Flood Control Act of 1944 on Indian Tribes along the Missouri 
River.
    November 30, 2007--Field Hearing on Health Care for Alaska 
Native Veterans Returning from Kuwait and Iraq and Other Native 
Veterans Living in Alaska Native Villages: Access to and 
Delivery of Services.

                     110th CONGRESS, SECOND SESSION

    B. Committee Hearings and Markups
    February 7, 2008--Nomination Hearing on the nomination of 
Robert G. McSwain, to be Director of the Indian Health Service.
    February 27, 2008--Legislative Hearing on S. 2232, the 
Foreign Aid Lessons for Domestic Economic Assistance Act of 
2007.
    March 6, 2008--Oversight Hearing on The State of Facilities 
in Indian Country-Jails, Schools, and Health Facilities.
    March 17, 2008--Field Hearing on Law and Order in Indian 
Country.
    April 17, 2008--Oversight Hearing of the National Indian 
Gaming Commission.
    April 24, 2008--Business Meeting to consider the nomination 
of Bob McSwain to be Director of the Indian Health Service; 
H.R. 65, the Lumbee Recognition bill; S. 1779, the Tribal 
Health Promotion and Tribal College and Universities 
Advancement Act; H.J. RES. 62, Native American Heritage Day; 
and S. 1193, the Albuquerque Indian School Act.
    April 24, 2008--Oversight Hearing on Recommendations for 
Improving the Federal Acknowledgment Process.
    May 1, 2008--Oversight Hearing on Indian Energy 
Development--Regaining Self-Determination Over Reservation 
Resources.
    May 13, 2008--Oversight Hearing on The Success and 
Shortfall of Self-Governance under the Indian Self-
Determination and Education Assistance Act after Twenty Years.
    May 15, 2008--Legislative Hearing on the following bills: 
S. 1080, Crow Tribe Land Restoration Act; H.R. 2120, To direct 
the Secretary of the Interior to proclaim as reservation for 
the benefit of the Sault Ste. Marie Tribe of Chippewa Indians a 
parcel of land now held in trust by the United States for that 
Indian tribe; S. 2494, Spokane Tribe of Indians of the Spokane 
Reservation Grand Coulee Dam Equitable Compensation Act; H.R. 
2963, A bill to transfer certain land in Riverside County, 
California, and San Diego County, California, from the Bureau 
of Land Management to the United States to be held in trust for 
the Pechanga Band of Luiseno Mission Indians, and for other 
purposes; and S. 531, A bill to repeal section 10(f) of Public 
Law 93-531, commonly known as the ``Bennett Freeze''.
    May 22, 2008--Oversight Hearing to follow up on the Status 
of Backlogs at the Department of the Interior.
    June 5, 2008--Oversight Hearing on Predatory Lending in 
Indian Country.
    June 19, 2008--Business Meeting to consider a Subpoena to 
order the Secretary of the U.S. Department of the Interior to 
release the Tribal Jails Report; S. 1255, the Indian Arts and 
Crafts Amendments Act of 2007; S. 531, a bill to repeal section 
10(1) of Public Law 93-531, commonly known as the ``Bennett 
Freeze''; S. 1080, the Crow Tribe Land Restoration Act; S. 
2489, the Oglala Sioux Tribe Angostura Irrigation Project 
Modernization and Development Act; S. 160, the Lower Brule and 
Crow Creek Tribal Compensation Act; and S. 2494, Spokane Tribe 
of Indians of the Spokane Reservation Grand Coulee Dam 
Equitable Compensation Settlement Act.
    June 19, 2008--Legislative Hearing on a draft bill to 
address law and order in Indian Country.
    June 26, 2008--Oversight Hearing on Access to Contract 
Health Services in Indian Country.
    July 17, 2008--Oversight Hearing on Tracking Sex Offenders 
in Indian Country: Tribal Implementation of the Adam Walsh Act.
    July 24, 2008--Oversight Hearing on Tribal Courts and the 
Administration of Justice in Indian Country.
    July 31, 2008--Business Meeting to consider S. 952, A bill 
to amend the Morris K. Udall Scholarship and Excellence in 
National Environmental and Native American Public Policy Act of 
1992 to provide funds for training in tribal leadership, 
management, and policy, and for other purposes; and S. 3192, A 
bill to amend the Act of August 9, 1955, to authorize the Cow 
Creek Band of Umpqua Tribe of Indians, the Coquille Indian 
Tribe, and the Confederated Tribes of the Siletz Indians of 
Oregon to obtain 99-year lease authority for trust land.
    July 31, 2008--Oversight Hearing on Indian Health Service 
Management: Lost Property, Wasteful Spending and Document 
Fabrication.
    August 4, 2008--Field Hearing on the progress and future of 
Operation Dakota Peacekeeper.
    August 28, 2008--Field Hearing to determine the effects of 
high fuel prices in rural Alaska and explore sustainable energy 
solutions that include conventional and renewable energy 
investments, as well as energy efficiency and conservation.
    September 11, 2008--Legislative Hearing on the following 
bills: S. 3128, White Mountain Apache Tribe Rural Water System 
Loan Authorization Act; S. 3355, Crow Tribe Water Rights 
Settlement Act of 2008; and S. 3381, A bill to authorize the 
Secretary of the Interior, acting through the Commissioner of 
Reclamation, to develop water infrastructure in the Rio Grande 
Basin, and to approve the settlement of the water rights claims 
of the Pueblos of Nambe, Pojoaque, San Ildefonso, Tesuque, and 
Taos.
    September 18, 2008--Oversight Hearing to examine Federal 
declinations to prosecute crimes in Indian Country.
    September 23, 2008--Business Meeting to consider H.R. 5680, 
To amend certain laws relating to Native Americans, and for 
other purposes; H.R. 2963, Pechanga Band of Luiseno Mission 
Indians Land Transfer Act of 2007; S. 3194, Oregon Surplus 
Federal Land Act of 2008; S. 3128, White Mountain Apache Tribe 
Rural Water System Loan Authorization Act; S. 3355, Crow Tribe 
Water Rights Settlement Act of 2008; and S. 3381, A bill to 
authorize the Secretary of the Interior, acting through the 
Commissioner of Reclamation, to develop water infrastructure in 
the Rio Grande Basin, and to approve the settlement of the 
water rights claims of the Pueblos of Nambe, Pojoaque, San 
Ildefonso, Tesuque, and Taos.
    September 25, 2008--Business Meeting to consider S. 3355, A 
bill to authorize the Crow Tribe of Indians water rights 
settlement, and for other purposes.
    September 25, 2008--Legislative Hearing on the following 
bills: H.R. 1294, Thomasina E. Jordan Indian Tribes of Virginia 
Federal Recognition Act of 2007; S. 514, Muscogee Nation of 
Florida Federal Recognition Act; S. 724, Little Shell Tribe of 
Chippewa Indians Restoration Act of 2007; and S. 1058, Grand 
River Bands of Ottawa Indians of Michigan Referral Act.

                                  
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