[Senate Prints 111-71]
[From the U.S. Government Publishing Office]
111th Congress } { S. Prt.
} COMMITTEE PRINT { 111-71
_______________________________________________________________________
HISTORY, JURISDICTION, AND SUMMARY
OF LEGISLATIVE ACTIVITIES
OF THE
UNITED STATES SENATE
COMMITTEE ON INDIAN AFFAIRS
DURING THE
ONE HUNDRED ELEVENTH CONGRESS
2009-2010
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Printed for the use of the Committee on Indian Affairs
----------
U.S. GOVERNMENT PRINTING OFFICE
78-150 PDF WASHINGTON : 2013
For sale by the Superintendent of Documents, U.S. Government Printing
Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800;
DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC,
Washington, DC 20402-0001
COMMITTEE ON INDIAN AFFAIRS
BYRON L. DORGAN, North Dakota, Chairman
JOHN BARRASSO, 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 MIKE CRAPO, Idaho
MARIA CANTWELL, Washington MIKE JOHANNS, Nebraska
JON TESTER, Montana
TOM UDALL, New Mexico
AL FRANKEN, Minnesota
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, 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 problems. 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. The Senate Committee on Indian Affairs had been
in existence since the early 19th century, until 1946, when a
legislative reorganization act abolished both the House and
Senate Committees on Indian Affairs. 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 and to transfer jurisdiction over tribal lands to the
states.
By the mid-1960s, the 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 (see Public
Law 93-580) by the President, thus establishing the American
Indian Policy Review Commission (Commission). As the work of
this Commission progressed, it became 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, as amended, 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 ( 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. In the 111th Congress, the membership of the
Committee remained at 15 members, Senator Byron L. Dorgan
continued to serve as Chairman of the Committee, and Senator
John Barrasso 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 111th
Congress. The Committee was initially
established as the Select Committee on Indian Affairs.
Section 25 of S. Res. 71, 103rd Congress, 1st Session,
redesignates it as the Committee on Indian Affairs.
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 [15]
Members, [9] 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 February 5, 2009, 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 were printed
in the Congressional Record on February 6, 2009. 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 Thursdays 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, including notice to Members of
the Committee, 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, with the concurrence of the Vice Chairman,
determines that the hearing is non-controversial or that
special circumstances require expedited procedures and a
majority of the Committee Members attending 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 submit his or her testimony by way of electronic mail, at
least 48 hours in advance of a hearing, in 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 of
questioning of any witness until such time as all Members
attending 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
consideration of such measure or subject 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
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.
(c). Any bill or resolution to be considered by the
Committee shall be filed with the Clerk of the Committee not
less than 48 hours in advance of the Committee meeting. Any
amendment(s) to legislation to be considered shall be filed
with the Clerk not less than 24 hours in advance. This rule may
be waived by the Chairman with the concurrence of the Vice
Chairman.
QUORUM
Rule 6(a). Except as provided in subsection (b), 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). 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). A measure may be reported from the Committee unless an
objection is made by a member, in which case a recorded vote by
the Members shall be required.
(c). 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, or 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 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 LEGISLATIVE ACTIVITIES FOR THE 111th CONGRESS
A. Overview. In the 111th Congress, a total of 52 bills and
3 resolutions were referred to the Committee on Indian Affairs
for consideration. A total of 33 bills were reported or
discharged by the Committee. Of these, 16 bills had no further
action and 17 bills became public laws. The Committee also
reported the nominations of 6 Presidential appointees, all of
whom the Senate subsequently confirmed.
A number of measures referred to the Committee were
included as amendments or in a package with other legislative
items on the floor of the Senate, including the following items
of legislation:
1. LH.R. 3590, the Patient Protection and Affordable
Health Care Act, which included S. 1790, the Indian
Health Care Improvement Reauthorization and Extension
Act of 2009; and S. 76, the Native Hawaiian Health Care
Improvement Reauthorization Act of 2009 (Public Law
111-148).
2. LH.R. 725 , the Indian Arts and Crafts Amendments
Act of 2010, which included S. 797, Tribal Law and
Order Act of 2009 (Public Law 111-211).
3. LH.R. 4783, the Claims Resolution Act of 2010, which
included the Cobell v. Salazar settlement agreement; S.
313, the White Mountain Apache Tribe Water Rights
Quantification Act of 2009; S. 375, the Crow Tribe
Water Rights Settlement Act of 2009; S. 965, the Taos
Pueblo Indian Water Rights Settlement; and S. 1105, the
Aamodt Litigation Settlement Act (Public Law 111-291).
B. Legislation Reported or Discharged and Enacted Into Law.
Seventeen bills referred to the Committee were reported or
discharged by the Committee and signed into law by the
President, including:
1. LA bill to exclude from consideration as income
under the Native American Housing Assistance and Self-
Determination Act of 1996 amounts received by a family
from the Department of Veterans Affairs for service-
related disabilities of a member of the family (H.R.
3553, Indian Veterans Housing Opportunity Act of 2010,
Public Law 111-269).
2. LA bill to amend Public Law 95-232 to repeal a
restriction on treating as Indian country certain lands
held in trust for Indian pueblos in New Mexico (H.R.
4445, Indian Pueblo Cultural Center Clarification Act,
Public Law 111-379).
3. LA joint resolution to acknowledge a long history of
official depredation and ill-conceived policies by the
Federal Government regarding Indian tribes and offer an
apology to all Native Peoples on behalf of the United
States (S.J. RES.14, Public Law 111-118).
4. LA bill to repeal section 10(f) of Public Law 93-
531, commonly known as the ``Bennett Freeze'' (S. 39,
Public Law 111-18).
5. LA bill to amend the Native Hawaiian Health Care
Improvement Act to revise and extend that Act (S. 76,
the Native Hawaiian Health Care Improvement
Reauthorization Act of 2009, Public Law 111-148).
6. LA bill to protect Indian arts and crafts through
the improvement of applicable criminal proceedings, and
for other purposes (S. 151/H.R. 725, the Indian Arts
and Crafts Amendments Act of 2009, Public Law 111-211).
7. LA bill to resolve water rights claims of the White
Mountain Apache Tribe in the State of Arizona, and for
other purposes (S. 313, White Mountain Apache Tribe
Water Rights Quantification Act of 2009, Public Law
111-291).
8. LA bill to authorize the Crow Tribe of Indians water
rights settlement, and for other purposes (S. 375, Crow
Tribe Water Rights Settlement Act of 2009, Public Law
111-291).
9. LA bill to transfer certain land to the United
States to be held in trust for the Hoh Indian Tribe, to
place land into trust for the Hoh Indian Tribe, and for
other purposes (S. 443/H.R. 1061, Hoh Indian Tribe Safe
Homelands Act, Public Law 111-323).
10.L A bill to amend the Indian Law Enforcement Reform
Act, the Indian Tribal Justice Act, the Indian Tribal
Justice Technical and Legal Assistance Act of 2000, and
the Omnibus Crime Control and Safe Streets Act of 1968
to improve the prosecution of, and response to, crimes
in Indian country, and for other purposes (S. 797,
Tribal Law and Order Act of 2009, Public Law 111-211).
11.L A bill to approve the Taos Pueblo Indian Water
Rights Settlement Agreement, and for other purposes (S.
965, Taos Pueblo Indian Water Rights Settlement Act,
Public Law 111-291).
12.L 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, and Tesuque (S. 1105, Aamodt Litigation
Settlement Act, Public Law 111-291).
13.L A bill to amend the Act of August 9, 1955, to
authorize the Coquille Indian Tribe, the Confederated
Tribes of Siletz Indians, the Confederated Tribes of
the Coos, Lower Umpqua, and Siuslaw, the Klamath
Tribes, and the Burns Paiute Tribe to obtain 99-year
lease authority for trust land (S. 1448, Public Law
111-134).
14.L A bill to establish an Indian Youth telemental
health demonstration project, to enhance the provision
of mental health care services to Indian youth, to
encourage Indian tribes, tribal organizations, and
other mental health care providers serving residents of
Indian country to obtain the services of predoctoral
psychology and psychiatry interns, and for other
purposes (S. 1635, 7th Generation Promise: Indian Youth
Suicide Prevention Act of 2009, Public Law 111-148).
15.L A bill to amend the Indian Health Care Improvement
Act to revise and extend that Act, and for other
purposes (S. 1790, Indian Health Care Improvement
Reauthorization and Extension Act of 2009, Public Law
111-148).
16.L A bill to amend the Act of August 9, 1955, to
modify a provision relating to leases involving certain
Indian tribes (S. 2906, Public Law 111-336).
17.L A bill to authorize leases of up to 99 years for
lands held in trust for Ohkay Owingeh Pueblo (S. 3903,
Public Law 111-381).
C. Legislation Reported or Discharged Not Requiring
Presidential Action. Two of the resolutions referred to the
Committee were reported or discharged and passed by the Senate
and did not require presidential action:
1. 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. 342).
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. 689).
D. Legislation Reported by the Committee. Fifteen bills and
one resolution referred to the Committee were reported by the
Committee during the 111th Congress but were not enacted into
law:
1. LA bill to authorize the Secretary of the Interior
to provide an annual grant to facilitate an iron
working training program for Native Americans (H.R.
1129).
2. LA bill to 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. 5811).
3. LAn original resolution authorizing expenditures by
the Senate Committee on Indian Affairs (S. RES. 28).
4. 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. 338).
5. LA bill to establish a program for tribal colleges
and universities within the Department of Health and
Human Services and to amend the Native American
Programs Act of 1974 to authorize the provision of
grants and cooperative agreements to tribal colleges
and universities, and for other purposes (S. 633,
Tribal Health Promotion and Tribal Colleges and
Universities Advancement Act of 2009).
6. LA bill to direct the Secretary of Commerce to
establish a demonstration program to adapt the lessons
of providing foreign aid to underdeveloped economies to
the provision of Federal economic development
assistance to certain similarly situated individuals,
and for other purposes (S. 980, Native American
Challenge Demonstration Project Act of 2009).
7. LA bill 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 (S. 1011, Native Hawaiian Government
Reorganization Act of 2009).
8. LA bill to extend Federal recognition to the
Chickahominy Indian Tribe, the Chickahominy Indian
Tribe-Eastern Division, the Upper Mattaponi Tribe, the
Rappahannock Tribe, Inc., the Monacan Indian Nation,
and the Nansemond Indian Tribe (S. 1178, Indian Tribes
of Virginia Federal Recognition Act of 2009).
9. LA bill to require the Secretary of the Interior to
assess the irrigation infrastructure of the Pine River
Indian Irrigation Project in the State of Colorado and
provide grants to, and enter into cooperative
agreements with, the Southern Ute Indian Tribe to
assess, repair, rehabilitate, or reconstruct existing
infrastructure, and for other purposes (S. 1264, Pine
River Indian Irrigation Project Act of 2009).
10.L A bill to provide for equitable compensation to
the Spokane Tribe of Indians of the Spokane Reservation
for the use of tribal land for the production of
hydropower by the Grand Coulee Dam, and for other
purposes (S. 1388, Spokane Tribe of Indians of the
Spokane Indian Reservation Grand Coulee Dam Equitable
Compensation Settlement Act).
11.L A bill to amend the Act of June 18, 1934, to
reaffirm the authority of the Secretary of the Interior
to take land into trust for Indian tribes (S. 1703).
12.L A bill to provide for the recognition of the
Lumbee Tribe of North Carolina, and for other purposes
(S. 1735, Lumbee Recognition Act).
13.L A bill to settle land claims within the Fort Hall
Reservation (S. 2802, Blackfoot River Land Settlement
Act of 2009).
14.L A bill to authorize the Pechanga Band of Luiseno
Mission Indians Water Rights Settlement, and for other
purposes (S. 2956, Pechanga Band of Luiseno Mission
Indians Water Rights Settlement Act).
15.L A bill to amend the Act titled ``An Act to
authorize the leasing of restricted Indian lands for
public, religious, educational, recreational,
residential, business, and other purposes requiring the
grant of long-term leases,'' approved August 9, 1935,
to provide for Indian tribes to enter into certain
leases without prior express approval from the
Secretary of the Interior (S. 3235, Helping Expedite
and Advance Responsible Tribal Homeownership Act of
2010).
16.L A bill to establish a commission to conduct a
study and provide recommendations on a comprehensive
resolution of impacts caused to certain Indian tribes
by the Pick-Sloan Program (S. 3648, Pick-Sloan Tribal
Commission Act of 2010).
E. Legislation Given Active Consideration. The Committee
gave active consideration to a variety of bills in the 111th
Congress. The Committee held eight legislative hearings
addressing the Tribal Law and Order Act, Native Hawaiian
reorganization, tribal health and higher education, Indian
youth suicide prevention, energy development, economic
development, land transfers, and water rights. The Committee
also held hearings on bills affecting specific tribes,
including the White Mountain Apache Tribe, the Hoh Indian
Tribe, the Cocopah Tribe, the Navajo Nation, the Shoshone-
Bannock Indian Tribes, the Southern Ute Indian Tribe, the
Pechanga Band of Luiseno Mission Indians, and the Blackfeet
Tribe.
F. Legislation Referred to the Committee. 20 bills and one
resolution referred to the Committee during the 111th Congress
were not reported or enacted into law:
1. LA bill to direct the Secretary of the Interior to
take lands in Yuma County, Arizona, into trust as part
of the reservation of the Cocopah Tribe of Arizona, and
for other purposes (H.R. 326, Cocopah Lands Act).
2. LA bill to extend Federal recognition to the
Chickahominy Indian Tribe, the Chickahominy Indian
Tribe-Eastern Division, the Upper Mattaponi Tribe, the
Rappahannock Tribe, Inc., the Monacan Indian Nation,
and the Nansemond Indian Tribe (H.R. 1385, Thomasina E.
Jordan Indian Tribes of Virginia Federal Recognition
Act of 2009).
3. LA bill to amend the Indian Self-Determination and
Education Assistance Act to provide further self-
governance by Indian tribes, and for other purposes
(H.R. 4347, Department of the Interior Tribal Self-
Governance Act of 2010).
4. LA resolution expressing the sense of the Senate
that October 17, 1984, the date of restoration by the
Federal Government of Federal recognition to the
Confederated Tribes of Coos, Lower Umpqua, and Siuslaw
Indians, should be memorialized (S. RES. 303).
5. LA bill to reauthorize the programs of the
Department of Housing and Urban Development for housing
assistance for Native Americans (S. 72, Hawaiian
Homeownership Opportunity Act of 2009).
6. LA bill to develop a program to acquire interests in
land from eligible individuals within the Crow
Reservation in the State of Montana, and for other
purposes (S. 280, Crow Tribe Land Restoration Act).
7. LA bill to express the policy of the United States
regarding the United States relationship with Native
Hawaiians, to provide a process for the reorganization
of a Native Hawaiian and the recognition by the United
States of the Native Hawaiian government, and for other
purposes (S. 381).
8. LA bill to provide for and promote the economic
development of Indian tribes by furnishing the
necessary capital, financial services, and technical
assistance to Indian-owned business enterprises, to
stimulate the development of the private sector of
Indian tribal economies, and for other purposes (S.
439, Indian Development Finance Corporation Act).
9. LA bill to extend the Federal recognition to the
Muscogee Nation of Florida (S. 530, Muscogee Nation of
Florida Federal Recognition Act).
10.L 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. 617, Lower Brule and Crow Creek
Tribal Compensation Act).
11.L A bill to express the policy of the United States
regarding the United States relationship with Native
Hawaiians, to provide a process for the reorganization
of a Native Hawaiian government and the recognition by
the United States of the Native Hawaiian government,
and for other purposes (S. 708).
12.L A bill to amend the Act of March 1, 1933, to
transfer certain authority and resources to the Utah
Dineh Corporation, and for other purposes (S. 1690).
13.L A bill to amend the Public Health Service Act to
provide for health data regarding Native Hawaiians and
other Pacific Islanders (S. 1732, Native Hawaiian and
Other Pacific Islander Health Data Act of 2009).
14.L A bill to extend the Federal recognition to the
Little Shell Tribe of Chippewa Indians of Montana, and
for other purposes (S. 1936, Little Shell Tribe of
Chippewa Indians Restoration Act of 2009).
15.L A bill to modify the purposes and operation of
certain facilities of the Bureau of Reclamation to
implement the water rights compact among the State of
Montana, the Blackfeet Tribe of the Blackfeet Indian
Reservation of Montana, and the United States, and for
other purposes (S. 3290, Blackfeet Water Rights
Settlement Act of 2010).
16.L A bill to establish a Native American Economic
Advisory Council, and for other purposes (S. 3331,
Native American Economic Advisory Council Act of 2010).
17.L A bill to improve access to capital, bonding
authority, and job training for Native Americans and
promote native community development financial
institutions and Native American small business
opportunities, and for other purposes (S. 3471, Native
American Employment Act of 2010).
18.L A bill to supplement State jurisdiction in Alaska
Native villages with Federal and tribal resources to
improve the quality of life in rural Alaska while
reducing domestic violence against Native women and
children and to reduce alcohol and drug abuse and for
other purposes (S. 3740, Alaska Safe Families and
Villages Act of 2010).
19.L A bill to amend the Energy Policy Act of 1992 to
streamline Indian energy development, to enhance
programs to support Indian energy development and
efficiency, to make technical corrections, and for
other purposes (S. 3752, Indian Energy Parity Act of
2010).
20.L A bill 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 (S. 3945, Native Hawaiian Government
Reorganization Act of 2010).
G. 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 39 hearings, including oversight
hearings on tribal law enforcement and public safety, health,
housing, education, Indian youth suicide, diabetes, energy
development, economic development, federal recognition, and
self-determination.
The Committee also held 5 field hearings on issues such as
tribal law enforcement; Indian housing; Bureau of Indian
Education school construction; contract health services program
and tribal transportation.
The legislative action of the Committee was conducted
through 12 business meetings to mark-up and report legislation
pending before the Committee.
In addition, the Committee held 4 nomination hearings for
the Assistant Secretary of Indian Affairs, the Director of the
Indian Health Service, the Chairman of the National Indian
Gaming Commission and the Commissioner for the Administration
for Native Americans. The Senate confirmed all of these
nominations.
IV. COMMITTEE ACTIVITIES
111TH CONGRESS, FIRST SESSION
A. Committee Hearings and Business Meetings
January 15, 2009--Oversight Hearing on Job Creation and
Economic Stimulus in Indian Country.
February 5, 2009--Oversight Hearing on Advancing Indian
Health.
February 5, 2009--Business Meeting to consider Committee
Funding Resolution.
February 12, 2009--Oversight Hearing to Receive the Views
of Ken Salazar, Secretary of the Interior, on Matters of Indian
Affairs.
February 26, 2009--Oversight Hearing on Youth Suicide in
Indian Country.
March 12, 2009--Oversight Hearing on Tribal Priorities in
the Fiscal Year 2010 Budget.
April 2, 2009--Legislative Hearing on S. 313, the White
Mountain Apache Tribe Water Rights Quantification Act of 2009;
S. 443, the Hoh Indian Tribe Safe Homelands Act; S. 633, the
Tribal Health Promotion and Tribal Colleges and Universities
Advancement Act of 2009; H.R. 326, the Cocopah Lands Act.
April 23, 2009--Nomination Hearing on the Nomination of
Yvette D. Roubideaux to be Director of the Indian Health
Service, U.S. Department of Health and Human Services.
April 30, 2009--Business Meeting to consider the nomination
of Dr. Yvette D. Roubideaux to be Director of Indian Health
Service; S. 151, the Indian Arts and Crafts Amendments Act of
2009; S. 443, the Hoh Indian Tribe Safe Homelands Act.
May 7, 2009--Nomination Hearing on the Nomination of Larry
J. Echo Hawk to be Assistant Secretary-Indian Affairs, U.S.
Department of the Interior.
May 14, 2009--Business Meeting to consider the nomination
of Larry J. Echo Hawk to be Assistant Secretary-Indian Affairs,
U.S. Department of the Interior.
May 21, 2009--Oversight Hearing to Examine Executive Branch
Authority to Acquire Trust Lands for Indian Tribes.
June 11, 2009--Oversight Hearing on Reforming the Indian
Health Care System.
June 25, 2009--Legislative Hearing on S. 797, the Tribal
Law and Order Act of 2009.
July 1, 2009--Field Hearing to Examine Lessons Learned from
Operation Dakota Peacekeeper.
July 30, 2009--Oversight Hearing to Examine the Increase of
Gang Activity in Indian Country.
August 6, 2009--Legislative Hearing on S. 1011, the Native
Hawaiian Government Reorganization Act of 2009.
August 6, 2009--Business Meeting to consider S.J. 14, a
Joint Resolution to Acknowledge a Long History of Official
Depredations and Ill-Conceived Policies by the Federal
Government Regarding Indian Tribes and Offer An Apology to All
Native Peoples on Behalf of the United States; H.R. 1129, to
Authorize the Secretary of the Interior to Provide an Annual
Grant to Facilitate an Iron Working Training Program for Native
Americans; and S. 443, the Hoh Indian Tribe Safe Homelands Act.
September 10, 2009--Legislative Hearing to Examine S. 1635,
7th Generation Promise: Indian Youth Suicide Prevention Act of
2009.
September 10, 2009--Business Meeting to consider S. 797,
the Tribal Law and Order Act of 2009; S. 313, the White
Mountain Apache Tribe Water Rights Quantification Act of 2009;
S. 375, the Crow Tribe Water Rights Settlement Act of 2009; S.
965, the Taos Pueblo Indian Water Rights Settlement Act; S.
1105, the Aamodt Litigation Settlement Act; and S. 1388, the
Spokane Tribe of Indians of the Spokane Reservation Grand
Coulee Dam Equitable Compensation Settlement Act.
September 18, 2009--Oversight Hearing to Examine the
Federal Tax Treatment of Health Care Benefits Provided by
Tribal Governments to Their Citizens.
October 22, 2009--Oversight Hearing on Indian Energy and
Energy Efficiency.
October 22, 2009--Business Meeting to consider S. 1178, the
Indian Tribes of Virginia Federal Recognition Act of 2009; S.
1735, the Lumbee Recognition Act.
November 4, 2009--Oversight Hearing on Fixing the Federal
Acknowledgment Process.
November 19, 2009--Oversight Hearing to Examine Drug
Smuggling and Gang Activity in Indian Country.
December 3, 2009--Oversight Hearing on Expanding Dental
Health Care in Indian Country.
December3, 2009--Oversight Hearing on Promises Made,
Promises Broken: The Impact of Chronic Underfunding of Contract
Health Services.
December 3, 2009--Business Meeting to consider S. 1790, the
Indian Health Care Improvement Reauthorization and Extension
Act of 2009; S. 1635, 7th Generation Promise: Indian Youth
Suicide Prevention Act of 2009; and S. 633, the Tribal Health
Promotion and Tribal Colleges and Universities Advancement Act
of 2009.
December 9, 2009--Oversight Hearing: Where's the Trustee?
Department of Interior Backlogs Prevent Tribes From Using Their
Lands.
December 9, 2009--Legislative Hearing on S. 1690, a Bill to
Amend the Act of March 1, 1933, to Transfer Certain Authority
and Resources to the Utah Dineh Corporation, and for Other
Purposes.
December 17, 2009--Oversight Hearing on the Cobell v.
Salazar Settlement Agreement.
December 17, 2009--Business Meeting on S. 1703, a Bill to
Amend the Act of June 18, 1934, to Reaffirm the Authority of
the Secretary of the Interior to Take Land Into Trust for
Indian Tribes; and S. 1011, the Native Hawaiian Government
Reorganization Act of 2009.
111TH CONGRESS, SECOND SESSION
B. Committee Hearings and Markups
January 28, 2010--Nomination Hearing on the Nomination of
Lillian A. Sparks to be Commissioner of the Administration for
Native Americans, Department of Health and Human Services.
January 28, 2010--Oversight Hearing on Unemployment on
Indian Reservations at 50 percent: The Urgent Need to Create
Jobs in Indian Country.
February 11, 2010--Business Meeting to consider the
nomination of Lillian A. Sparks to be Commissioner of the
Administration for Native Americans, U.S. Department of Health
and Human Services.
February 16, 2010--Listening Session at Gila Indian
Reservation.
February 25, 2010--Oversight Hearing to Examine Tribal
Programs and Initiatives Proposed in the President's Fiscal
Year 2011 Budget.
March 18, 2010--Oversight Hearing to Examine Bureau of
Indian Affairs and Tribal Police Recruitment, Training, Hiring,
and Retention.
March 25, 2010--Oversight Hearing on the Preventable
Epidemic: Youth Suicides and the Urgent Need for Mental Health
Care Resources in Indian Country.
April 22, 2010--Legislative Hearing on a Discussion Draft
of the Indian Energy Promotion and Parity Act of 2010.
April 29, 2010--Legislative Hearing on S. 2802, the
Blackfoot River Land Settlement Act of 2009; S. 1264, the Pine
River Indian Irrigation Project Act of 2009; S. 439, the Indian
Development Finance Corporation Act.
May 13, 2010--Oversight Hearing: Does Indian School Safety
Get a Passing Grade?
May 26, 2010--Nomination Hearing on the President's
Nomination of Tracie L. Stevens to Serve as Chairman of the
National Indian Gaming Commission.
June 10, 2010--Business Meeting on to consider the
nomination of Tracie L. Stevens to serve as Chair of the
National Indian Gaming Commission; the nomination of JoAnn
Balzer to serve as Member, Board of Trustees, Institute of
American Indian and Alaska Native Culture and Arts
Development; the nomination of Cynthia Chavez Lamar to
serve as Member, Board of Trustees, Institute of American
Indian and Alaska Native Culture and Arts Development; S. 2802,
the Blackfoot River Land Settlement Act of 2009; S. 2906, A
bill to amend the Act of August 9, 1955, to modify a provision
relating to leases involving certain Indian tribes in
Washington; and S. 1448, A bill to amend the Act of August 9,
1955, to authorize the Coquille Indian Tribe, the Confederated
Tribes of Siletz Indians, the Confederated Tribes of the Coos,
Lower Umpqua, and Siuslaw, the Klamath Tribes, and the Burns
Paiute Tribe to obtain 99-year lease authority for trust land.
June 17, 2010--Oversight Hearing on Indian Education: Did
the No Child Left Behind Act Leave Indian Students Behind?
June 30, 2010--Business Meeting on subpoena power over the
Indian Health Service; H.R. 3553, To exclude from consideration
as income under the Native American Housing Assistance and
Self-Determination Act of 1996 amounts received by a family
from the Department of Veterans Affairs for service-related
disabilities of a member of the family; S. 3235, A bill to
amend the Act titled ``An Act to authorize the leasing of
restricted Indian lands for public, religious, educational,
recreational, residential, business, and other purposes
requiring the grant of long-term leases,'' approved August 9,
1955, to provide for Indian tribes to enter into certain leases
without prior express approval from the Secretary of the
Interior.
June 30, 2010--Oversight Hearing on ``A Way Out of the
Diabetes Crisis in Indian Country and Beyond.''
July 22, 2010--Legislative Hearing on S. 2956, the Pechanga
Band of Luiseno Mission Indians Water Rights Settlement Act; S.
3290, the Blackfeet Water Rights Settlement Act of 2010.
July 29, 2010--Oversight Hearing on Indian Gaming.
August 12, 2010--Field Hearing on Economic and Social
Issues Affecting the Northwest Tribes.
August 25, 2010--Joint Field Hearing with the Senate
Committee on Banking, Housing, and Urban Affairs on Innovative
Solutions to Addressing Housing Needs in Our Indian
Communities.
September 11, 2010--Field Hearing on Preparing Our Students
for Tomorrow in Yesterday's Schools: Construction and Facility
Needs at Bureau of Indian Education Schools.
September 28, 2010--Oversight Hearing titled, ``In Critical
Condition: The Urgent Need to Reform Indian Health Service's
Aberdeen Area.''
October 2, 2010--Field Hearing on Health Care Without an
IHS Hospital: Overtaxing the Contract Health Services Program.
October 15, 2010--Field Hearing to Examine Tribal
Transportation in Indian Country.
November 18, 2010--Business Meeting on S. 3648, the Pick-
Sloan Tribal Commission Act of 2010; S. 3903, a Bill to
Authorize Leases of Up to 99 Years for Lands Held in Trust for
Ohkay Owingeh Pueblo; H.R. 4445, the Indian Pueblo Cultural
Center Clarification Act; H.R. 5811, a Bill to 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; S. 2956, the Pechanga Band of Luiseno Mission Indians
Water Rights Settlement Act; S. 1264, the Pine River Indian
Irrigation Project Act of 2009; and S. 980, the Native American
Challenge Demonstration Project Act of 2009.
November 18, 2010--Legislative Hearing on H.R. 4347, the
Department of the Interior Tribal Self-Governance Act of 2010.