Quarterly Report
 
August 15, 2005
 

Capitol Hill

Before heading into the month of May, Congress adopted a $2.6 trillion FY 06 budget resolution by a vote of 214-211 after House and Senate budget negotiators agreed to a $40.5 billion target for reducing mandatory spending over five years. For the first time since 1997, the budget resolution provides procedural protections for reductions in spending on politically sensitive entitlement programs, the first step in any serious deficit-reduction effort. The budget resolution assumed $843 billion in FY06 discretionary spending and $81.9 billion in the FY 05 supplemental bill. With the approval of the $81 billion FY 05 supplemental bill and the $2.6 trillion FY 06 budget resolution, both chambers moved forward with appropriations and also concentrated on energy, transportation reauthorization, judicial nominees and homeland security.

Legislative Branch

FY 2006 Appropriations. On May 4, House Chairman Lewis proposed 302(b) subcommittee allocations based on the White House’s recommended $843 billion budget. However, Chairman Lewis shifted $3.3 billion from the Department of Defense to plug holes in other spending bills. Lewis proposed an allocation of $26.11 billion for Interior, over the President’s $25.67 billion request and just barely less than last year’s $26.7 billion enacted. By June 28, all 11 appropriations bills were out of committee in the House. The House had over 100 proposed program terminations for FY 2006, two more than requested by the President, for a total savings of $4.6 billion. Labor-HHS would be hardest hit with 57 program terminations, followed closely by Treasury, Transportation and Housing ($446 million in cuts and 11 program terminations).

In the Senate, Chairman Cochran developed 302(b) allocations with significant changes from the President’s request and House numbers. Specifically, Chairman Cochran proposed to shift $7 billion from Defense accounts and $1 billion from foreign aid support to increase spending in domestic programs. In addition, the Transportation, Treasury and Housing (TTHUD) level was set at $2.2 billion over the President’s request, while the Energy & Water level was increased by $1.5 billion.

Homeland Security

The Homeland Security appropriations bill, passed on May 18, allocates $30.8 billion for FY06, but that amount cuts and withholds more than $700 million from various agencies within the bill until the Department of Homeland Security delivers overdue reports. No earmarks were made in the Homeland bill and funding was not increased for First Responder grant programs, as state and local communities have failed to spend $6.8 billion from previous years. The committee met the $3.6 billion request for the grant programs, but declined to lower the minimum amount that each state receives from the grant funding. President Bush’s request to increase the airline security fee and raise $1.7 billion for transportation security was declined. Amendments to the bill included a transfer of $50 million in grants for first responders to state and local communities to protect chemical plant facilities; $50 million for two firefighter programs; and a provision to assist states in complying with federal standards for driver’s licenses.

On June 14, the Senate appropriations subcommittee on Homeland Security cut funding to first responder funding programs, citing $7 billion in unspent monies from previous years. The House bill provides $3.6 billion for first responder funding while the Senate version provides $3.5 billion. On June 16, the full committee approved the $30.8 billion Homeland Security bill, $389 million more than the President’s request. The bill directs the Department of Homeland Security to hire 1,000 additional border agents, spend money to expand training facilities, add 2,200 more detention beds for illegal immigrants and increase the number of U.S. Customs and Immigration enforcement officers.

Interior-EPA

The $26.2 billion Interior-EPA appropriations measure was the second spending bill passed by the House on May 20. The bill represents an $823.1 million cut from the FY05 enacted amount, but a $434.8 million increase over the President’s requested amount. The bill provides $3.1 billion for IHS (an increase of $118 million from FY 05), $2 billion for the operation of Indian programs (an increase of $67 million) and $654 million for education ($19 million increase). In addition, the Committee enacted $600 million for facilities and construction, $107 million above the request but a decrease from the FY 05 level by $53 million. The committee said it directed scarce resources to traditional priorities, including Indian programs.

The Senate Interior subcommittee approved a $26.2 billion Interior bill on June 7. The subcommittee received complaints over the lack of money for Indian health programs, which fell short of the rise of inflation for medical costs despite an overall increase of $83.3 million from FY05, but did not act to remedy the problems. In addition, Senator Domenici’s request to authorize the review of the way federal subsidies are allotted by formula to Native American tribes, particularly those with successful gaming operations, was diverted to the Committee on Indian Affairs. The subcommittee also deflected action on the high incidence of diabetes among some tribes. On June 10, the full committee unanimously approved the $26.3 billion Interior bill, which is $98 million more than the House bill and $533 million more than the President’s request. Indian Health Service would receive $3 billion, $20 million more than the President’s request. The bill passed the Senate on June 22. The Conference bill cleared Congress at the end of July and the President signed the bill into law as P.L. 109-54.

Energy & Water

On May 24, the House passed a $29.75 billion Energy & Water appropriations bill containing a new provision for FY06 by incorporating earmarked water projects and their funding levels into the base text of the bill rather than listing the project and recommended funding in an accompanying report. This was an effort to rein in the committee’s “out of control” accounting practices.

On June 17, the Senate appropriations committee approved the $31.2 billion Energy & Water bill, which is $1.5 billion more than the President’s request and the House-approved bill. Under that measure, the Bureau of Reclamation in DOI would receive $1 billion or $130 million more than the President’s request. The Senate passed the bill on June 30th.

State, Science, Justice and Commerce

On June 14, the House passed the $57.45 billion State, Science, Justice and Commerce bill. On June 24, the Senate appropriations committee approved a $48.6 billion Commerce, Justice, State measure, $2 billion less than President Bush’s request. It included $21.2 billion for the Department of Justice.

Energy Bill. As the U.S. continued to depend heavily on foreign oil and prices climb at record highs, President Bush strongly encouraged Congress to address desperately-needed Energy legislation. The House version largely tracked language from the 108th Congress and incorporates markups from five different committees. The House bill included more than $8 billion in tax incentives over the next ten years and $1.8 billion for conservation and efficiency efforts. However, two provisions in the combined House bill were controversial: (1) opening Alaska’s Arctic National Wildlife Refuge (ANWR) to oil exploration; and (2) limiting legal liability for manufacturers of MTBE. The House bill protected MTBE producers, despite the fact that MTBE has leaked from underground storage tanks into groundwater, causing litigation. MTBE liability language was the main reason the energy bill died in the 108th Congress.

The Senate Energy and Natural Resources Committee approved its version of a comprehensive energy bill on May 26, but left many issues for the Senate floor. The Indian Energy Title remains similar to the language proposed in the 108th Congress. In other titles, the Committee approved a boost to the annual production of ethanol, mandating that refiners produce 8 billion gallons of renewable fuels, mainly ethanol and bio-diesel, annually by the year 2012. Decisions deferred to the Senate floor included whether to allow states to opt out of federal moratoriums on offshore oil and gas production and siting authority over liquefied natural gas facilities. The MTBE issue was left for conference.

On June 28, the Senate approved the energy bill by a vote of 85-12, with billions in tax breaks to encourage domestic energy production, incentives for conservation, and more federal authority for approving new liquefied natural gas terminals and lines. It also focused heavily on promoting cleaner, renewable sources of energy.

The House-Senate Conference concluded in late July and the Congress quickly approved the bill and sent it to the President without the MTBE provisions and some of the tax breaks.

Transportation. On May 18, the Senate passed a $295 billion surface transportation reauthorization bill by a vote of 89-11. The bill is larger than the $283.9 billion requested by the White House, passed by the House and set in the FY06 budget resolution. The current federal transportation act expired on May 31, but the Congress approved temporary extensions to give conferees time to settle differences over the bill.

After protracted weeks of closed-door negotiations at conference, the Congress passed a final version of the transportation reauthorization act that provided for over 6,000 specially ear-marked projects in a six-year, $286.4 billion highway and mass transit bill. The total cost was higher than what the Bush Administration had said it found acceptable, but after negotiations, it appears the President will sign the bill into law in mid-August.

FLOOR ACTION

Native American Housing Enhancement. On April 6, 2005, the House passed H.R. 797, the Native American Housing Enhancement Act of 2005, under suspension of the rules. H.R. 767 is a bill to amend the Native American Housing Assistance and Self-Determination Act of 1996 and other acts to improve housing programs for Indians.

Colorado River Indian Reservation. On April 12, 2005, the House passed H.R. 794, the Colorado River Indian Reservation Boundary Correction Act, under suspension of the rules. H.R. 794 is a bill to correct the south boundary of the Colorado River Indian Reservation in Arizona, and for other purposes.

Red Lake. On April 20, 2005, the House passed H.Con.Res. 126 to express the condolences and deepest sympathies of Congress in the aftermath of the recent school shooting at Red Lake High School in Red Lake, Minnesota.

Supplemental Appropriations Bill. On April 21, 2005, the Senate passed H.R. 1268, making emergency supplemental appropriations for defense, the global war on terror, and tsunami relief for fiscal year ending September 30, 2005.

Twenty-First Century Water Commission Act of 2005. On April 21, 2005, the House passed H.R. 135, a bill to establish the “Twenty-First Century Water Commission” to study and develop recommendations for a comprehensive water strategy to address future water needs, by a 2/3 yea-and-nay vote of 402 yeas to 22 nays. The proposed Commission to be created will only study current water management programs of Federal, Interstate, State, local agencies, and private sector entities, and with no bill provision referencing the role, or water rights, of tribes or for any tribal nominee to the proposed Commission. This Bill authorizes $9 million for a minimum 3 year work period.

Energy Policy Act of 2005. On April 22, 2005, the House passed H.R. 6, the Energy Policy Act of 2005, to ensure jobs for our future with secure, affordable and reliable energy by a record vote 249-183.

House Republicans defeated efforts by Democrats to strip a provision from the bill providing limited liability protection to manufacturers of methyl tertiary butyl ether (MTBE), a gas additive. The bill specifically sets aside funding from the leaking underground storage tank trust fund to help clean up MTBE contamination. Attempts to increase federal fuel efficiency standards from 25 mpg to 33 mpg were also defeated 254-177 on April 21. Title V, Indian Energy, remains largely unchanged from the previous version of the energy bill agreed to by the House-Senate conference committee in the last Congress.

President Bush encouraged Congress to pass comprehensive energy legislation by the summer recess. As a result, Senator Domenici stated his intention for the Senate to markup the energy bill by early May and proceed to the floor by the end of the month or soon after Memorial Day. However, MTBE is expected to be controversial when the House and Senate conference committee writes final legislation.

Transportation Equity Act. On April 26, 2005, the Senate agreed to the motion to proceed to consideration of H.R. 3, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and then began consideration of the bill, taking action on the following amendments proposed thereto:

Adopted on 4/26/2005: Thune Amendment No. 572 (to Amendment No. 567), to modify the section relating to National Scenic Byways to provide for the designation of Indian Scenic Byways.

Budget Resolution. On April 28, 2005, the Senate and House agreed to H.Con.Res. 95, Budget Resolution Conference Report. H.Con.Res. 95 establishes the Congressional budget for the U.S. government for FY 2006, revising appropriate budgetary levels for FY 2005 and setting forth appropriate budgetary levels for FY 2007 through FY 2010.

Faster and Smarter Funding for First Responders Act of 2005. On May 12, 2005, the House passed H.R. 1544 to provide faster and smarter funding for first responders, by a recorded vote: 409-10 (Roll no. 170). Among the amendments adopted, were:

• Berry amendment numbered 2 printed in House Report 109-77 that requires the Department of Homeland Security to coordinate with State, local, and tribal governments in establishing criteria for prioritizing applications for first responder grants;

• Bass amendment numbered 3 printed in House Report 109-77 that allow states to petition the Secretary of Homeland Security to use Federal homeland security funds for the cost of any activity relating to prevention of, preparation for, response to, or recovery from acts of terrorism, that would otherwise be a Federal duty performed by Federal agencies and under agreement with the State or local government and a Federal agency.

Homeland Security Appropriations. On May 17, 2005, the House passed H.R. 2360, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2006, and for other purposes.

Homeland Security Authorization. On May 18, 2005, the House passed H.R. 1817, Homeland Security Authorization Act for Fiscal Year 2006, to authorize appropriations for fiscal year 2006 for the Department of Homeland Security, by a recorded vote of 424 ayes to 4 noes, Roll No. 189.

FY 2006 Interior, Environment Appropriations. On May 19, 2005, the House passed H.R. 2361, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2006, by a yea and nay vote of 329 yeas to 89 nays, Roll No. 199.

Amendments adopted, of interest:

STAG Amendment. Congressman Gillmor amendment that replaces language in the section of the bill regarding State and Tribal Assistance Grants. The amendment is a compromise on a provision dealing with corrections to the State and Tribal grants technical correction authority to make it clear that it applies solely to earmarked grants in the conference agreement that are incorporated by reference in the appropriations bill and that the authority does not apply to future appropriations.

Amendment rejected by Point of Order being sustained:

• Indian Gaming. Congressman Wu (OR) amendment that sought to prohibit the use of funds to permit class III gaming activities under the Indian Gaming Regulatory Act on non-reservation Indian land.

FY2006 Energy & Water Appropriation. On May 24, 2005, the House passed H.R. 2419, making appropriations for energy and water development for the fiscal year ending September 30, 2006, by a yea-and-nay vote of 416 yeas to 13 nays, Roll No. 211.

National Defense Authorization. On May 25, 2005, the House passed H.R. 1815, National Defense Authorization Act for Fiscal Year 2005, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2006, by a yea-and-nay vote of 390 yeas to 39 nays, Roll No. 222.

Surface Transportation Extension Act. On May 25, 2005, the House passed H.R. 2566, which was then passed on May 26, 2006 by the Senate, clearing the measure for the President. This bill would provide interim program authority, through June 30, 2005, for highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century. Authorities includes the Indian Reservation Roads program, section 1101(a)(8)(A) of the Transportation Equity Act for the 21st Century (112 Stat. 112; 118 Stat. 1147).

Military and VA Appropriations. On May 26, 2005, the House passed H.R. 2528, making appropriations for military quality of life functions of the Department of Defense, military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2006, and for other purposes.

Transportation Equity Act. On May 26, 2005, the Senate insisted on its amendment to H.R.3, to provide regular reauthorization for Federal-aid highways, highway safety programs, and transit programs, agreed to the House request for a conference on the disagreeing votes of the two Houses, Senate and House conferees were respectively appointed.

FY2006 Agriculture, Rural Development, FDA. On June 8, 2005, the House passed H.R. 2744, making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2006, by a yea-and-nay vote of 408 yeas to 18 nays, Roll No. 238

Patient Navigator Outreach and Chronic Disease Prevention Act of 2005. On June 13, 2005, the House passed H.R. 1812, amended. This bill would to amend the Public Health Service Act to authorize a demonstration grant program to provide patient navigator services to reduce barriers and improve health care outcomes. Indian Health Service, tribal health and urban Indian health programs would be eligible for outreach, referral and coordination grants.

Energy Policy Act. From June 20-23, 2005, the Senate continued consideration of H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy. Among amendments adopted were:

06/22/05 - Frist (for Murkowski) Amendment No. 787, to make Alaska Native Corporations eligible for renewable energy production incentives: “On page 131, lines 18 and 19, strike ``or an Indian tribal government or subdivision thereof,’’ and insert ``an Indian tribal government or subdivision thereof, or a Native Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)),’’.

Patient Navigator Services. On June 22, 2005, the Senate Committee on Health, Education, Labor and Pensions (HELP) was discharged from further consideration of H.R. 1812, to amend the Public Health Service Act to authorize a demonstration grant program to provide patient navigator services to reduce barriers and improve health care outcomes, and the resolution was then passed by the Senate, clearing measure for the President’s approval (later signed into law).

FY2006 Interior, Environment Appropriations. On June 24, the Senate began consideration of H.R. 2361, making appropriations for the Department of the Interior, Environment, and related agencies for the fiscal year ending September 30, 2006.

FY2006 HHS-Labor-Education Appropriations. On June 24, the House H.R. 3010, a bill making appropriations for the Departments of Labor, Health and Human Services, and Education, and Related Agencies for the fiscal year ending September 30, 2006 (by a yea-and-nay vote of 250 yeas to 151 nays, Roll No. 320). The bill was also considered yesterday, June 23. One of the floor amendments rejected included:

Hayworth amendment that sought to prohibit the funds made available in the bill to be used by the National Labor Relations Board (NLRB) to exert jurisdiction over any organization or enterprise pursuant to the standard adopted by the NLRB in the San Manuel Indian Bingo and Casino and Hotel Employees & Restaurant Employees International Union and Communication Workers of America case (by a recorded vote of 146 ayes to 256 noes, Roll No. 315).

Partners for Fish and Wildlife Acts. On June 27, 2005, the Senate passed S. 260, to authorize the Secretary of the Interior to provide technical and financial assistance to private landowners to restore, enhance, and manage private land to improve fish and wildlife habitats through the Partners for Fish and Wildlife Program, after agreeing to the committee amendments. House companion bill is H.R. 2018, and is pending in the House Resources Committee. Under this legislation, the term private land encompasses “tribal lands”:

(A) IN GENERAL- The term ‘private land’ means any land that is not owned by the Federal Government [Struck out->] , a State, or a political subdivision of a State [<-Struck out] or a State.

(B) INCLUSIONS- The term ‘private land’ includes tribal land and Hawaiian homeland.

Sand Creek Massacre National Historic Site Trust Act of 2005. On June 27, 2005, the House passed H.R. 481, amended, to further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000.

Partners for Fish and Wildlife Act. On June 27, 2005, the Senate passed S. 260, to authorize the Secretary of the Interior to provide technical and financial assistance to private landowners to restore, enhance, and manage private land to improve fish and wildlife habitats through the Partners for Fish and Wildlife Program, after agreeing to the committee amendments.

Sand Creek Massacre National Historic Site Trust Act of 2005. On June 27, 2005, the House passed H.R. 481, amended, to further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000.

Energy Policy Act. On June 28, 2005, by 85 yeas to 12 nays (Vote No. 158), Senate passed H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy, as amended.

FY2006 Interior, Environment. On June 29, 2005, the Senate passed, H.R. 2361, the FY2006 Department of the Interior, Environment and Related Appropriations bill by a unanimous vote of 94 yeas (Vote No. 168), after taking action on the following amendments proposed thereto:

Amendments acted upon June 28:

Adopted Kyl Modified Amendment No. 1049, to provide certain earmarks for State and tribal assistance grant funds.

Adopted Dorgan (for Bingaman) Modified Amendment No. 1030, to modify a provision relating to funds appropriated for Bureau of Indian Affairs postsecondary schools.

Adopted Dorgan (for Bingaman) Amendment No. 1031, to set aside additional amounts for Youth Conservation Corps projects.

By 17 yeas to 75 nays (Vote No. 159), three-fifths of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to waive section 302(f) of the Congressional Budget Act of 1974, with respect to Burns (for Coburn) Amendment No. 1019, to transfer funding to the Special Diabetes Program for Indians and the Alcohol and Substance Abuse Program within the Indian Health Service from funding for federal land acquisition. Subsequently, the point of order that the amendment would provide spending in excess of the subcommittee’s 302(b) allocation was sustained, and the amendment thus fell.

Amendments acted upon June 29:

By 47 yeas to 51 nays (Vote No. 163), three-fifths of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to waive section 302(f) of the Congressional Budget Act of 1974, with respect to Dorgan Amendment No. 1025, to require Federal reserve banks to transfer certain surplus funds to the general fund of the Treasury, to be used for the provision of Indian health care services. Subsequently, the point of order that the amendment would provide spending in excess of the subcommittee’s 302(b) allocation was sustained, and the amendment thus fell.

Committee Action

Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005. On April 6, 2005, the Senate Environment Committee filed a report on S.732. This is a bill to authorize funds to Federal aid highways, highway safety programs, and transit programs, and for other purposes (S.Rept. No. 109-53). Bill is companion to H.R. 3.

S. 113, Lytton Rancheria. On April 6, 2005, the Senate Committee on Indian Affairs held a hearing on S. 113, a bill to modify the date as of which certain tribal land of the Lytton Rancheria of California is deemed to be held in trust. Sen. Feinstein introduced the bill to ensure that Lytton follows the regulatory process under the Indian Gaming Regulatory Act (IGRA). The hearing was held to consider whether there is sufficient oversight of the Lytton Rancheria’s proposed gaming facility and whether there needs to be better enforcement of the existing law, it was not intended as a general discussion of off-reservation gaming. The Committee received testimony from:

• The Honorable Dianne Feinstein (R-CA)

• The Honorable George Miller (D-CA)

• George Skibine, Acting Deputy Assistant Secretary for Policy and Economic Development for Indian

Affairs, BIA

• Sharon J. Brown, Councilmember, City of San Pablo

• Margie Mejia, Chairperson, Lytton Rancheria

• Loni Hancock, Assembly Member, 14th Assembly District, Sacramento, CA

• Mark Macarro, Chairman, Pechanga Band of Luiseño Indians

Homeland Security Grant Coordination. On April 13, 2005, the Senate Committee on Homeland Security and Governmental Affairs ordered favorably reported the following three bills, including:

S. 21, to provide for homeland security grant coordination and simplification, with an amendment in the nature of a substitute;

Indian Health. On April 13, 2005, the Senate Committee on Indian Affairs held an oversight hearing on Indian Health. The Committee received testimony from:

• Dr. Charles Grim, Director, Indian Health Services

• A. Kathryn Power, Director, Center for Mental Health, Substance Abuse and Mental Health Services Administration (SAMHSA)

• Sally Smith, Chairman, National Indian Health Board

• Rachel Joseph, Co-Chairperson, National Steering Committee for the Reauthorization of the Indian Health Care Improvement Act, and Chairwoman, Lone Pine Paiute Shoshone Reservation, Lone Pine, California

• Georgiana Ignace, President, National Council on Urban Indian Health

• Anslem Roanhorse, Executive Director, Navajo Nation Department of Health

State Hunting and Fishing Regulatory Rights. On April 21, 2005, the Senate Judiciary Committee filed a report on S. 339, without amendment. This is a bill to reaffirm the authority of States to regulate certain hunting and fishing activities. Bill does include language stating: “Nothing in this Act shall be construed—

“(1) to limit the applicability or effect of any Federal law related to the protection or management of fish or wildlife or to the regulation of commerce;

(2) to limit the authority of the United States to prohibit hunting or fishing on any portion of the lands owned by the United States; or

(3) to abrogate, abridge, affect, modify, supersede or alter any treaty-reserved right or other right of any Indian tribe as recognized by any other means, including, but not limited to, agreements with the United States, Executive Orders, statutes, and judicial decrees, and by Federal law.”

First Responders Act. On April 21, 2005, the House Committee on Homeland Security ordered reported, as amended, H.R. 1544, Faster and Smarter Funding for First Responders Act of 2005.

National Historic Preservation Act, § 106. On April 21, 2005, the House Resources Subcommittee on National Parks held an oversight hearing on draft language that would drastically alter historic preservation protections in Section 106 of the National Historic Preservation Act and affect the way cultural resource management is handled in the U.S. The subcommittee received testimony from:

• Peter F. Blackman (Property Owner, Louisa, Virginia)

• James Martin (Executive Director, United South and Eastern Tribes)

• Michael Altschul (Sr. Vice President and General Counsel, CTIA, The Wireless Association)

• Emily Wadhams (Vice President, National Trust for Historic Preservation)

• Janet Snyder Matthews (Associate Director for Cultural Resources, National Park Service)

• John Nau (Chairman, Advisory Council on Historic Preservation).

Unfunded Mandates Reform. On April 24, 2005, the Senate Committee on Homeland Security and Governmental Affairs’ Subcommittee on Oversight of Government Management, the Federal Workforce and the District of Columbia concluded an oversight hearing to examine a review of the Unfunded Mandates Reform Act of 1995, focusing on the impact the Act has had on Federal, state, and local governments and explore if changes are necessary to strengthen the law’s procedures, definitions, and exclusions, after receiving testimony from:

• Orice M. Williams, Director, Strategic Issues, Government Accountability Office;

• John D. Graham, Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget;

• Elizabeth Robinson, Deputy Director, Congressional Budget Office;

• Maryland Delegate John Hurson, Annapolis, on behalf of the National Conference of State Legislatures;

• Colleen Landkamer, Blue Earth County, Mankato, Minnesota, on behalf of the National Association of Counties; and

• Nick Licata, City of Seattle, Washington, on behalf of the National League of Cities.

Water Resources Projects. On April 26, 2005, the Senate Committee on Environment and Public works filed its report on S. 728. This is a bill to provide for the consideration and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes (S.Rept. No. 109-61).

Regulation of Indian Gaming. On April 27, 2005, the Senate Committee on Indian Affairs held an oversight hearing on the regulation of Indian gaming. The stated purpose of the hearing was to obtain an honest assessment of Indian gaming regulatory issues in order to begin a constructive dialogue aimed at improving the Indian Gaming Regulatory Act of 1988 (IGRA). Both the Chairman of the Committee, Senator John McCain (R-AZ), and the Vice Chairman of the Committee, Senator Byron Dorgan (D-ND), took several opportunities to declare that the Committee hearing was not intended as an attack on Indian gaming but instead was intended to protect Indian tribes from unscrupulous persons who seek to divert revenues and other benefits away from Indian tribes. The Committee received testimony from:

• Phil Hogen (Chairman, National Indian Gaming Commission or NIGC)

• Earl Devaney (Inspector General, DOI)

• Thomas Heffelfinger (U.S. Attorney – Minnesota)

• Norman DesRosiers (Commissioner, Viejas Tribal Government Gaming Commission)

• Honorable Charles Colombe (Treasurer, NIGA and President, Rosebud Sioux Tribe)

• Kevin Washburn (Associate Professor of Law, University of Minnesota)

• Dr. Steven Light (Assistant Professor, University of North Dakota)

• Kathryn Rand (Associate Professor, University of North Dakota School of Law).

Off-Reservation Gaming. On April 27, 2005, the House Committee on Resources held a hearing regarding tribal proposals to acquire land-in-trust for gaming across state lines and how such proposals are affected by Chairman Pombo’s proposed legislation addressing off-reservation by Indian tribes. The Committee received testimony from three panels of witnesses, including:

Panel I

• The Honorable Jerry Weller, R-IL

• The Honorable Jesse L. Jackson, Jr., D-IL

Panel II

• Chief Charles D. Enyart, Eastern Shawnee Tribe of Oklahoma

• The Honorable Wade Blackdeer, Vice-President, Ho-Chunk Nation Legislature

• The Honorable William Blind, Vice-Chairman, Cheyenne-Arapaho Tribes of Oklahoma

• The Honorable Bradley Burzynski, Illinois Senate, 35th District

• The Honorable Craig Foltin, Mayor of Lorain, Ohio

Panel III

• Mr. Steve Brady, Sr., Co-Chair, Northern Cheyenne Sand Creek Massacre Committee

• Mr. John Kindt, Professor of Business, University of Illinois

• Rev. Cynthia J. Abrams, Director, Alcohol, Other Addictions, and Health Care Work Area, General Board of Church and Society of the United Methodist Church

Patient Navigator Markup (IHS & Tribal Health Programs as Grantees). On April 27, 2005, the Senate Committee on Health, Education, Labor, and Pensions ordered favorably reported two bills:

• S. 655, to amend the Public Health Service Act with respect to the National Foundation for the Centers for Disease Control and Prevention, with an amendment in the nature of a substitute; and

• S. 898, to amend the Public Health Service Act to authorize a demonstration grant program to provide patient navigator services to reduce barriers and improve health care outcomes, with an amendment in the nature of a substitute

Emergency Responders. On April 28, 2005, the House Committee on Homeland Security filed its report on. H.R. 1544. This is a bill to provide faster and smarter funding for first responders, and for other purposes, with an amendment (H.Rept. 109-65).

Patient Navigator Markup (IHS and Tribal Health Program participation). On May 4, 2005, the House Committee on Energy and Commerce ordered reported the five measures, including:

• H.R. 869, To amend the Controlled Substances Act to lift the patient limitation on prescribing drug addiction treatments by medical practitioners in group practices;

• H.R. 184, Controlled Substances Export Reform Act of 2005;

• H. Res. 169, Recognizing the importance of sun safety;

• H.R. 1812, Patient Navigator Outreach and Chronic Disease Prevention Act of 2005; and

• H. Res. 250, Supporting the goals and ideals of National Hepatitis B Awareness Week

Rural Water Resources (SD Cheyenne River Tribe, NM Witnesses). On May 11, 2005, the Senate Committee on Energy and Natural Resources held a hearing to examine S. 895, to direct the Secretary of the Interior to establish a rural water supply program in the Reclamation States to provide a clean, safe, affordable, and reliable water supply to rural residents, after receiving testimony from:

• John W. Keys, III, Commissioner, Bureau of Reclamation, Department of the Interior;

• Mayor David Lansford, Clovis, New Mexico, on behalf of the Eastern New Mexico Rural Water Association;

• Jim T. Dunlap, Upper La Plata Water Users, Farmington, New Mexico, on behalf of the National Rural Water Association, and the New Mexico Rural Water Association;

• Harold Frazier, Cheyenne River Sioux Tribe, Eagle Butte, South Dakota; and

• Duane A. Smith, Oklahoma Water Resources Board, Oklahoma City, on behalf of the Western States Water Council.

Federal Recognition. On May 11, 2005, the Senate Committee on Indian Affairs held an oversight hearing on the federal recognition process. Recent criticism over the process by tribes, states and local governments encouraged the Committee to look at the process to ensure that it is conducted in a fair and transparent fashion. Committee members in attendance (Senators McCain, Dorgan, Inouye and Crapo) admitted that the process is very time consuming and costly but also noted that this is because the stakes are high for the applicant tribes. The Committee received testimony from:

• Senator Christopher Dodd (D-CT)

• Senator Joseph Lieberman (D-CT)

• Representative Nancy Johnson (R-CT)

• Representative Christopher Shays (R-CT)

• Representative Robert Simmons (R-CT)

• Governor M. Jodi Rell (CT)

• Mary L. Kendall (Deputy Inspector General, DOI)

• Lee Fleming (Director of Federal Acknowledgement, DOI)

• Richard L. Velky (Chief, Schaghticoke Tribal Nation)

• Stephen R. Adkins (Chief, Chickahominy Indian Tribe)

• John Barnett (Chairman, Cowlitz Indian Tribe)

• Dr. Kathleen Bragdon (Professor, Department of Anthropology, College of William & Mary)

• Ken Cooper (President, Town Action to Save Kent, South Kent, Connecticut)

Native American Technical Amendments. On May 12, 2005, the Senate Committee on Indian Affairs filed a report on S. 536. This is a bill to make technical corrections to laws relating to Native Americans, and for other purposes (S.Rept. No. 109-67). Current law being amended with technical corrections, or other amendments include;

• Indian Financing Act Amendments.

• Indian Tribal Justice Technical And Legal Assistance.

• Tribal Justice Systems.

• Indian Pueblo Land Act Amendments.

• Prairie Island Land Conveyance.

• Binding Arbitration For Gila River Indian Community Reservation Contracts.

• Puyallup Indian Tribe Land Claims Settlement Amendments.

• Definition Of Native American – NAGPRA

• Fallon Paiute Shoshone Tribes Settlement.

• Washoe Tribe Of Nevada And California Land Conveyance.

• Indian Arts And Crafts.

• Colorado River Indian Reservation Boundary Correction.

• Native American Programs Act Of 1974 – HHS Intradepartmental Council.

• Research And Educational Activities.

• Indian Education Provisions – Student Counts.

• Border Preparedness – New Authority.

FY2006 Homeland Security. On May 12, 2005, the House Committee on Appropriations filed its report on H.R. 2360, the Department of Homeland Security appropriations act for the fiscal year ending September 30, 2006, and for other purposes (H.Rept. 109-79).

FY 2006 Interior Appropriation. On May 13, 2005, the House Committee on Appropriations filed a committee report on H.R. 2361. This is a bill making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2006, and for other purposes (Rept. 109-80).

Homeland Security. On May 13, 2005, the House Committee on Energy and Commerce filed its report on H.R. 1817, the bill to provide budget authority for the Department of Homeland Security’s FY2006 appropriations; with an amendment (H.Rept. 109-71 Pt. 2). On this same date, the House Committee on the Judiciary filed its report on H.R. 1817, the bill to authorize the Department of Homeland Security’s FY2006 appropriations (H.Rept 109-71, Pt. 3).

Native Hawaiian Recognition. On May 16, 2005, the Committee on Indian Affairs filed a committee report with an amendment in the nature of a substitute on S. 147. This is 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 (Rept. No. 109-68).

Energy Policy, Indian Provision. On May 17, 2005, the Senate Committee on Energy and Natural Resources began markup of proposed comprehensive energy legislation, focusing on provisions relating to Indian Energy, Department of Energy Management, and Personnel and Training, but did not complete action thereon. Markup continued on proposed legislation through May 26, at which time the Committee ordered the bill favorably reported.

Energy & Water Appropriations. On May 18, 2005, the House Committee on Appropriations filed a committee report on H.R. 2419. This is a bill making appropriations for energy and water development for the fiscal year ending September 30, 2006, and for other purposes (Rept. 109-86).

Indian, Natural Resource Bills. On May 18, 2005, the House Committee on Resources ordered reported the 20 measures, including:

• H.R. 362, amended, Ojito Wilderness Act;

• H.R. 481, amended, Sand Creek Massacre National Historic Site Establishment Act of 2005; H.R. 1492, amended, To provide for the preservation of the historic confinement sites where Japanese Americans were detained during World War II;

• H.R. 1797, Spokane Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement Act.

Fee to Trust Hearing. On Wednesday, May 18, the Senate Committee on Indian Affairs held an oversight hearing on taking lands into trust. The stated purpose of the hearing was to review the fee to trust process under the Indian Reorganization Act (IRA) and the four exceptions under the Indian Gaming Regulatory Act (IGRA) to determine whether they are being implemented as originally intended by Congress. The Committee received testimony from:

• George Skibine (Acting Deputy Assistant Secretary for Policy and Economic Development, Office of the Assistant Secretary - Indian Affairs, DOI)

• David K. Sprague (Chairman, Gun Lake Tribe)

• James T. Martin (United South and Eastern Tribes)

• Mike Jandernoa (23 is Enough, Grand Rapids MI)

• David Crosby (Santa Ynez, CA).

Homeland Security Grant Simplification. On May 24, 2005, the Senate Committee on Homeland Security and Governmental Affairs, with an amendment in the nature of a substitute, filed its report on S. 21. This is a bill to provide for homeland security grant coordination and simplification, and for other purposes (S.Rept. No. 109-71).

Commerce, Justice, State Appropriations. On May 24, 2005, the Committee on Appropriations approved for full Committee action the Science, the Departments of State, Justice, and Commerce, and Related Agencies appropriations for Fiscal Year 2006.

Native American Apology. On May 25, 2005, the Committee on Indian Affairs held a hearing on S.J.Res. 15, a Native American Apology Resolution. The Committee received testimony from:

• Senator Sam Brownback (R-KS)

• Chairman Tex Hall (Mandan, Hidatsa and Arika Tribes of Fort Berthold, North Dakota, and President, National Congress of American Indians)

• Mr. Edward Thomas (President, Central Council of the Tlingit and Haida Indian Tribes of Alaska)

• Dr. Negiel Bigpond, Sr. (Two Rivers Native American Training Center, Mounds, Oklahoma)

HHS Patient Navigator Grants. On May 25, 2005, the Senate Committee on Health, Education, Labor, and Pensions, with an amendment in the nature of a substitute, filed its report on S. 898. This is a bill to amend the Public Health Service Act to authorize a demonstration grant program to provide patient navigator services to reduce barriers and improve health care outcomes, and for other purposes (S.Rept. No. 109-73). Eligible recipients include Indian Health Service federally or tribally operated facilities.

Headstart, Substance Abuse. On May 25, 2005, the Senate Committee on Health, Education, Labor, and Pensions: Committee ordered favorably reported the following items:

• S. 1107, to reauthorize the Head Start Act (including Tribal Headstart Agencies and tribal college curriculum funding in field of early childhood development)

• S. 518, to provide for the establishment of a controlled substance monitoring program in each State.

Off-Reservation Gaming. On June 6, 2005, the House Resources Committee held a field hearing in Sacramento, CA to discuss off-reservation gaming. The focus of the hearing was on off-reservation tribal gaming project proposals located in northern California, and the draft discussion bill that Chairman Richard Pombo (R-CA) circulated for comment. The hearing was packed with representatives of California tribes and local communities. Chairman Pombo and two other Committee members, Rep. Gohmert (R-TX) and Rep. Costa (D-CA), attended the field hearing and received testimony from the following witnesses:

• Leslie Lohse (Treasurer, Paskenta Band of Nomlaki Indians)

• Wayne R. Mitchum (Chairman, Cachil Dehe Band of Winton Indians, Colusa Indian Community)

• Pat O’Brien (East Bay Regional Parks District)

• Mike McGowan (Yolo County Board of Supervisors, representing the California State Association of Counties; Chairman, Indian Gaming Working Group)

• Valerie Brown (Sonoma County Board of Supervisors, representing Northern

• California Counties Tribal Matters Consortium)

• Cheryl Schmidt (Director, Stand Up for California)

• Marjorie Mejia (Chairwoman, Lytton Rancheria)

• Lonnie Hancock (California State Assembly, 14th Assembly District)

FY2006 Interior, Environment Appropriations. On June 7, 2005, the Senate Subcommittee on Interior Appropriations approved for full Committee consideration H.R. 2361. This bill provides FY2006 appropriations for the Department of the Interior, environment, and related agencies. The Subcommittee adopted an amendment in the nature of a substitute.

The Southern Border in Crisis: Resources and Strategies to Improve National Security. On June 7, 2005, the Senate Judiciary’s Subcommittees on Immigration, Border Security and Citizenship and on Terrorism, Technology and Homeland Security concluded joint hearings to examine the successes and challenges of border security, focusing on resources and strategies to improve national security, after receiving testimony from

• David Aguilar, Chief, Office of Border Patrol, U.S. Customs and Border Protection, Department of Homeland Security;

• Wesley Lee, Acting Director, Detention and Removal Operations, U.S. Immigration and Customs Enforcement, Department of Homeland Security;

• C. Stewart Verdery, Jr., former Assistant Secretary of Homeland Security for Policy and Planning, Border and Transportation Security; and

• Mehlman Vogel Castagnetti, Inc.; Principal, Mehlman Vogel Castagnetti, Inc. and Adjunct Fellow, Center for Strategic and International Studies, Washington, D.C.C.

FY2006 Agriculture, Rural Development and FDA. On June 7, 2005, the House Committee on Appropriations filed its report on H.R. 2744. This is the FY2006 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies appropriations (H.Rept. 109-102).

Patient Navigator Outreach and Chronic Disease Prevention. On June 7, 2005, the House Committee on Energy and Commerce filed its report on H.R. 1812. This bill amends the Public Health Service Act to authorize a demonstration grant program to provide patient navigator services to reduce barriers and improve health care outcomes, and for other purposes (H.Rept. 109-104). IHS, tribal and urban Indian health programs are eligible grantees to improve outreach, referral and coordination efforts.

Sand Creek Massacre National Historic Site. On June 8, 2005, the House Committee on Resources filed its report on H.R. 481. This bill is intended to further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000. Bill was reported out with an amendment (H.Rept. 109-107).

Energy Security Enhancement. On June 9, 2005, the Senate Committee on Energy and Natural Resources, without amendment, filed its report on S. 10. (S.Rept. No. 109-121). The purpose of the measure is to provide a comprehensive national energy policy that balances domestic energy production with conservation and efficiency efforts to enhance the security of the United States and decrease dependence on foreign sources of fuel.

FY2006 Interior, Environment Appropriations. On June 9, 2005, the Senate Committee on Appropriations ordered favorably reported H.R. 2361, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2006, with an amendment in the nature of a substitute.

Veterans’ Health Issues. On June 9, 2005, the Senate Committee on Veterans’ Affairs: Committee concluded a hearing to examine several bills, including:

• S. 1182, to amend title 38, United States Code, to improve health care for veterans (including emergency treatment individual reimbursement, and women veterans’ maternity and newborn care),

• S. 481, to amend title 38, United States Code, to extend the period of eligibility for health care for combat service in the Persian Gulf War or future hostilities from two years to five years after discharge or release,

• S. 716, to amend title 38, United States Code, to enhance services provided by vet centers, to clarify and improve the provision of bereavement counseling by the Department of Veterans Affairs,

• S. 1176, to improve the provision of health care and services to veterans in Hawaii,

• S. 1177, to improve mental health services at all facilities of the Department of Veterans Affairs,

• S. 614, to amend title 38, United States Code, to permit Medicare-eligible veterans to receive an out-patient medication benefit, to provide that certain veterans who receive such benefit are not otherwise eligible for medical care and services from the Department of Veterans Affairs,

• S. 1180, to amend title 38, United States Code, to reauthorize various programs servicing the needs of homeless veterans for fiscal years 2007 through 2011,

• S. 1189, to require the Secretary of Veterans Affairs to publish a strategic plan for long-term care,

• S. 1190, to provide sufficient blind rehabilitation outpatient specialists at medical centers of the Department of Veterans Affairs, and

• S. 1191, to establish a grant program to provide innovative transportation options to veterans in remote rural areas.

Testimony was heard from

• James Nicholson, Secretary of Veterans Affairs;

• Donald Mooney, The American Legion,

• Dennis M. Cullinan, Veterans of Foreign Wars of the United States,

• Adrian Atizado, Disabled American Veterans,

• Carl Blake, Paralyzed Veterans of America, all of Washington, D.C.; and

• Richard Jones, AMVETS, Lanham, Maryland.

Rural Schools. On June 9, 2005, the House Committee on Resources filed its report on. H.R. 517. This is a bill to reauthorize the Secure Rural Schools and Community Self-Determination Act of 2000, and for other purposes. Bill continues authority for special and county projects on National Forest Service and Bureau of Land Management (BLM) lands. (H.Rept. 109-117 Pt. 1).

Indian Youth/Teen Suicide Prevention. On June 15, 2005, the Senate Committee on Indian Affairs concluded an oversight hearing to examine youth suicide prevention among Native Americans, focusing on economic issues, health care benefits and access, behavioral health care issues for tribal youth, and traditional health practice, after receiving testimony from:

• Richard H. Carmona, Surgeon General, Public Health Service, Office of Public Health and Science, accompanied by Dr. Charles Grim, Director, Indian Health Service, both of the Department of Health and Human Services;

• Twila Rough Surface, Standing Rock Sioux Tribe, Fort Yates, North Dakota;

• Joseph B. Stone, Confederated Tribes of the Grande Ronde Behavioral Health Program, Grande Ronde, Oregon, on behalf of the American Psychological Association;

• Julie Garreau, Cheyenne River Youth Project, Eagle Butte, South Dakota;

• R. Dale Walker, Oregon Health and Science University One Sky Center, Portland; and

• Clark Flatt, The Jason Foundation, Inc., Hendersonville, Tennessee

FY2006 Homeland Security; Energy and Water. On June 16, 2005, the Senate Committee on Appropriations approved H.R. 2360, the FY2006 Department of Homeland Security appropriations (S.Rept. No. 109-83); and H.R. 2419, the FY2006 Energy and Water development bill (S.Rept. No. 109-84).

Indian Education. On June 16, 2005, the Senate Committee on Indian Affairs held an oversight hearing on education. Chairman John McCain (R-AZ) and Vice-Chairman Byron Dorgan (D-SD) led the hearing, the stated purpose of which was to receive an update on the No Child Left Behind (NCLB) Act, academic achievement, and the current status of Indian education. Sen. Craig Thomas (R-WY) and Sen. Tim Johnson (D-SD) attended the first panel. The Committee received testimony from:

• Jim Cason (Associate Deputy Secretary, DOI), with Ed Parisian (Acting Director, Office of Indian Education Programs, DOI)

• Victoria Vasques (Director, Office of Indian Education, DOE)

• Nick Lowery (Acting Chairman, National Fund for Excellence in American Indian Education)

* Dr. David Beaulieu (President, National Indian Education Association)

* Dr. Joe McDonald (American Indian Higher Education Consortium, and President, Salish & Kootenai College)

* Dr. Roger Bordeaux (Superintendent, Tiospa Zina Tribal School, and Executive Director, Association of Community Tribal Schools, Inc.)

Head Start Early Childhood Programs. On June 16, 2005, the House Committee on Education and Workforce filed its report on H.R. 2123. This is a bill to reauthorize the Head Start Act to improve the school readiness of disadvantaged children, and for other purposes; with an amendment (H.Rept. 109-136)

Water Resources Development. On June 16, 2005, the House Committee on Transportation and Infrastructure’s Subcommittee on Water Resources and Environment approved for full Committee action, as amended, H.R. 2864, Water Resources Development Act of 2005.

FY2006 Interior, Environment Spending Bill. On June 20, 2005, the Senate Committee on Appropriations filed its report on H.R. 2361. This is the Department of the Interior, Environment, and Related Agencies appropriations act for the fiscal year ending September 30, 2006, and for other purposes (S.Rept. No. 109-80).

Juvenile Diabetes Hearing. On June 21, 2005, the Senate Committee on Homeland Security and Governmental Affairs concluded a hearing to examine issues relating to juvenile diabetes, focusing on the personal toll on families, financial costs to the Federal health care system, and research progress toward a cure, after receiving testimony from:

• Allen M. Spiegel, Director, National Institute of Diabetes and Digestive and Kidney Diseases, National Institutes of Health, Department of Health and Human Services;

• Mary Tyler Moore, Juvenile Diabetes Research Foundation (JDRF), New York, New York;

• Douglas Wick, Red Wagon Entertainment, Los Angeles, California;

• Gary Hall, Jr., Miami, Florida; and

• Other representatives of the JDRF Children’s Congress.

Japanese American Internment Sites. On June 21, 2005, the House Committee on Resources filed its report H.R. 1492. This is a bill to provide for the preservation of the historic confinement sites where Japanese Americans were detained during World War II, and for other purposes; with an amendment (H.Rept. 109-142).

FY2006 Labor-HHS-Education. On June 21, 2005, the House Committee on Appropriations filed its report on H.R. 3010. This is the Departments of Labor, Health and Human Services, and Education, and Related Agencies appropriation act for the fiscal year ending September 30, 2006, and for other purposes (H.Rept. 109-143).

Veterans Medical Care Enhancements 2005. On June 21, 2005, the House Committee on Veterans’ Affairs’ Subcommittee on Oversight and Investigations approved for full Committee action H.R. 2988. This bill would direct the Secretary of Veterans Affairs to conduct a demonstration project for the improvement of business practices of the Veterans Health Administration.

Tribal Lobbying Matters. On June 22, 2005, the Senate Committee on Indian Affairs held an oversight hearing to examine the In Re Tribal Lobbying Matters, et al, receiving testimony from:

• Charlie Ben, Donald Kilgore, and Nell Rogers, all of the Mississippi Band of Choctaw Indians, Choctaw;

• Amy Moritz Ridenour, National Center for Public Policy Research, Washington, D.C.; and

• certain protected witnesses.

Federal Inter-Agency EMS Collaboration, Postal Bills. On June 23, 2005, the Senate Committee on Homeland Security and Governmental Affairs ordered favorably reported the following business items:

• S. 662, to reform the postal laws of the United States, with an amendment in the nature of a substitute. Bill directs the Postal Regulatory Commission (PRC), created by this Act, to establish a modern system for regulating rates and classes for market-dominant products;

• S. 457, to require the Director of the Office of Management and Budget to issue guidance for, and provide oversight of, the management of micropurchases made with Government-wide commercial purchase cards, with amendments;

• S. 611, to establish a Federal Interagency Committee on Emergency Medical Services and a Federal Interagency Committee on Emergency Medical Services Advisory Council, including the Indian Health Service (IHS) as committee member;

• S. 37, to extend the special postage stamp for breast cancer research for 2 years;

• 16 Postal Facility Name Designations;

• 4 federal nominations/appointments (OPM Director, OMB Federal Financial Management Office Director; and two D.C. associate judgeships for Superior Court and Appeals Court positions)

Veterans Benefits, Native American Veterans’ Housing. On June 23, 2005, the Senate Committee on Veterans’ Affairs concluded a hearing to examine benefits-related legislative initiatives, focusing on:

• S. 151, to amend title 38, United States Code, to require an annual plan on outreach activities of the Department of Veterans Affairs;

• S. 423, to amend title 38, United States Code, to make a stillborn child an insurable dependent for purposes of the Service members’ Group Life Insurance program;

• S. 551, to direct the Secretary of Veterans Affairs to establish a national cemetery for veterans in the Colorado Springs, Colorado, metropolitan area;

• S. 552, to make technical corrections to the Veterans Benefits Improvement Act of 2004;

• S. 909, to expand eligibility for governmental markers for marked graves of veterans at private cemeteries;

• S. 917, to amend title 38, United States Code, to make permanent the pilot program for direct housing loans for Native American veterans,

• S. 1234, to increase, effective as of December 1, 2005, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans,

• S. 1235, to amend chapters 19 and 37 of title 38, United States Code, to extend the availability of $400,000 in coverage under the service members’ life insurance and veterans’ group life insurance programs,

• S. 1138, to authorize the placement of a monument in Arlington National Cemetery honoring the veterans who fought in World War II as members of Army Ranger Battalions,

• S. 1252, to amend section 1922A of title 38, United States Code, to increase the amount of supplemental insurance available for totally disabled veterans,

• S. 1259, to amend title 38, United States Code, to extend the requirement for reports from the Secretary of Veterans Affairs on the disposition of cases recommended to the Secretary for equitable relief due to administrative error and to provide improved benefits and procedures for the transition of members of the Armed Forces from combat zones to noncombat zones and for the transition of veterans from service in the Armed Forces to civilian life,

• S. 1271, to amend title 38, United States Code, to provide improved benefits for veterans who are former prisoners of war;

after receiving testimony from:

• Senators Pryor and Allard;

• Daniel L. Cooper, Under Secretary of Veterans Affairs for Benefits;

• Steve Smithson, The American Legion,

• Quentin Kinderman, Veterans of Foreign Wars of the United States,

• Rick Surratt, Disabled American Veterans, and

• Carl Blake, Paralyzed Veterans of America, all of Washington, D.C.; and

• Richard Jones, AMVETS, Lanham, Maryland.

NM Wilderness and Zia Pueblo. On June 23, 2005, the House Committee on Resources filed its report on H.R. 362. This bill designates the Ojito Wilderness Study Area as wilderness, to take certain land into trust for the Pueblo of Zia, and for other purposes; with an amendment H.Rept. 109-149).

Spokane Tribe Equitable Compensation. On June 23, 2005, the House Committee on Resources filed its report on H.R. 1797. This bill provides 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; (H.Rept. 109-150).

Water Resources Development Act. On June 24, 2005, the House Committee on Transportation filed its report on H.R. 2864. This bill provides for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, amended (H. Rept. 109-154). Senate companion bill, S.728, was reported from its committee on April 26, 2005. H.R. 2864, as reported on June 24, contained provision regarding:

Sec. 2020. Tribal Partnership Program.

(a) Scope- Section 203(b)(1)(B) of the Water Resources Development Act of 2000 (33 U.S.C. 2269(b)(1)(B); 114 Stat. 2589) is amended by inserting after ‘Code’ the following: ‘, and including lands that are within the jurisdictional area of an Oklahoma Indian tribe, as determined by the Secretary of the Interior, and are recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations’.

(b) Authorization of Appropriations- Section 203(e) of such Act is amended by striking ‘2006’ and inserting ‘2010’.

And

Sec. 2024. Coordination And Scheduling Of Federal, State, And Local Actions.

(a) Notice of Intent- Upon request of the non-Federal interest in the form of a written notice of intent to construct or modify a non-Federal water supply, wastewater infrastructure, flood damage reduction, storm damage reduction, ecosystem restoration, or navigation project that requires the approval of the Secretary, the Secretary shall initiate, subject to subsection (g)(1), procedures to establish a schedule for consolidating Federal, State, and local agency and Indian tribe environmental assessments, project reviews, and issuance of all permits for the construction or modification of the project. The non-Federal interest shall submit to the Secretary, with the notice of intent, studies and documentation, including environmental reviews, that may be required by Federal law for decision-making on the proposed project. All States and Indian tribes having jurisdiction over the proposed project shall be invited by the Secretary, but shall not be required, to participate in carrying out this section with respect to the project.

Indian Gaming. On June 28, the Senate Committee concluded an oversight hearing to examine regulation of Indian gaming, after receiving testimony from Vivian Juan-Sanders, Tohono O’odham Nation, Sells, Arizona; Dallas Massey, Sr., White Mountain Apache Tribe, Whiteriver, Arizona, on behalf of Arizona Indian Gaming Association; Deron Marquez, San Manuel Band of Mission Indians, Patton, California; Joseph A. Pakootas, Colville Business Council, Nespelem, Washington, on behalf of the Confederated Tribes of the Colville Reservation; James “JC” Crawford, Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, Agency Village, South Dakota; James W. Ransom, Saint Regis Mohawk Tribe, Akwesasne, New York; and Doreen Hagen, Prairie Island Indian Community, Welch, Minnesota.

Indian Legislation Markup. On June 29, the Senate Committee on Indian Affairs ordered favorably reported 14 bills:

1. S.J. Res. 15, to acknowledge a long history of official depredations and ill-conceived policies by the United States Government regarding Indian tribes and offer an apology to all Native Peoples on behalf of the United States;

2. S. 374, 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;

3. S. 113, to modify the date as of which certain tribal land of the Lytton Rancheria of California is deemed to be held in trust;

4. S. 881, 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;

5. S. 449, to facilitate shareholder consideration of proposals to make Settlement Common Stock under the Alaska Native Claims Settlement Act available to missed enrollees, eligible elders, and eligible persons born after December 18, 1971;

6. H.R. 797, to amend the Native American Housing Assistance and Self-Determination Act of 1996 and other Acts to improve housing programs for Indians;

7. H.R. 680, to direct the Secretary of Interior to convey certain land held in trust for the Paiute Indian Tribe of Utah to the City of Richfield, Utah;

8. S. 598, to reauthorize provisions in the Native American Housing Assistance and Self-Determination Act of 1996 relating to Native Hawaiian low-income housing and Federal loan guarantees for Native Hawaiian housing;

9. S. 1291, to provide for the acquisition of subsurface mineral interests in land owned by the Pascua Yaqui Tribe and land held in trust for the Tribe;

10. S. 1295, to amend the Indian Gaming Regulatory Act to provide for accountability and funding of the National Indian Gaming Commission;

11. S. 1239, to amend the Indian Health Care Improvement Act to permit the Indian Health Service, an Indian tribe, a tribal organization, or an urban Indian organization to pay the monthly part D premium of eligible Medicare beneficiaries;

12. S. 1231, to amend the Indian Self-Determination and Education Assistance Act to modify provisions relating to the National Fund for Excellence in American Indian Education, with an amendment in the nature of a substitute;

13. S. 1312, to amend a provision relating to employees of the United States assigned to, or employed by, an Indian tribe, and

14. S. 731, to recruit and retain more qualified individuals to teach in Tribal Colleges or Universities, with an amendment.

Tribal Leaders’ Meetings

National Tribal Trust Reform/Settlement Technical Team Meeting. On April 20, 2005, the National Tribal Trust Reform/Settlement Technical Team held a meeting in Washington, D.C. to continue discussions of trust reform/settlement legislation. David Mullon (Majority Counsel, Senate Committee on Indian Affairs) addressed the team.

On May 2-3, 2005, ITMA/NCAI Trust Reform Tech Tribal Workgroup met and continued to solicit tribal input on a number of key issues for settlement and reform legislation. The workgroup continued meetings in conjunction with the Affiliated Tribes of Northwest Indians (ATNI) Conference in Takoma, WA on May 15-19, 2005.

Tax Reform. On May 12, 2005, the NCAI Subcommittee on Taxation met to discuss current tax issues facing tribes including federal tax reform, the State Streamlined Sales Tax Project, tax exempt bonds and IRS issues regarding tribes. Developments in tax regulation will continue to impact tribal government authority and economic development efforts.

President Bush established a 9-member advisory panel on tax reform to consider whether tax law can be simplified to reduce compliance cost to taxpayers. The NCAI Subcommittee is encouraging tribes to provide the Advisory Panel with tribal. A broadened federal tax base could impact tribes because it may result in the imposition of a federal tax on “commercial” or business activities of governmental and nonprofit entities. In addition, favorable income tax incentives like tax-exempt bonds may be lost in structural reform. Three tax reform proposals have already been introduced since the beginning of this year, including H.R. 25 and S. 5 (Fair Tax Act of 2005), H.R. 269 (Simplified USA Tax Act), and S. 812 (Flat Tax Act of 2005). The Fair Tax Act would implement a national retail sales tax on the use or consumption of goods and services without a general exemption for tribes or tribal corporations. It would also impose a 23% tax on “gross gaming receipts,” not including winnings paid out and gaming specific taxes paid to state or local governments. The Simplified USA Tax Act would consider governmental entities as a business subject to tax, with limited exemptions for state and local, but not tribal, governments. The Flat Tax Act would impose a flat 20% tax on every person engaged in a business activity.

In addition, the Department of Treasury and IRS are working on a guidance project to clarify the tax treatment of business entities incorporated under tribal law and owned by a federally-recognized tribal government. Until guidance is developed, a moratorium has been placed on the issuance of private letter rulings on the status of tribal law corporations. The IRS also stopped considering private letter ruling requests for minors trusts and deferred per capita plans for adult tribal members, and has also recently undertaken a number of audits of tribal bond issuances. Finally, IRS has stopped issuing determination letters to tribal pension plans recognizing them as governmental plans. Legislation has been introduced by Rep. Hayworth (H.R. 331) to address whether such plans should have to comply with all of the rules applicable to tax qualified or private employer plans and whether tribal retirement plans and their fiduciaries should be subject to ERISA.

More information about the Tax Advisory Panel can be obtained at www.taxreformpanel.gov.

Annual DHHS-Tribal Consultation Meetings. On May 17 and 18, the Department of Health and Human Services (DHHS) held its seventh annual consultation with tribal leaders and organizations. The purpose of the IHS meeting was to provide a dialogue between tribal, urban Indian health groups and national Indian health organization representatives, and with senior Departmental officials and agency directors. Tohono O’odham Chairwoman Vivian Juan-Saunders delivered the Tribal Leaders’ Opening and Welcome Remarks, following remarks by the DHHS. She expressed her appreciation for the consultation opportunity, Tribal and DHHS officials’ time and efforts, and emphasized that program policy barriers need to be overcome in order to achieve true and full tribal access. Chairwoman Juan-Saunders also stated that DHHS policies should be responsive by acknowledging, and working with, differences among tribes. Such differences included geographic size, population, whether direct or contracted or urban programs.

On May 18, tribal leaders and Indian organizations made recommendations to specific agency budgets, such as the Administration for Native Americans, the IHS, the Centers for Disease Control, the National Institute of Health (NIH), and the Substance Abuse and Mental Health Services Administration (SAMHSA). Chairwoman Saunders raised specific budget and programmatic issues of concern with the Director for the Center for Quality and Chief Medical Officer, for the Health Resources and Services Administration (HRSA). In response to the Chairwoman’s statements, national and Tribal specific recommendations, Dr. Bill Robinson replied that the HRSA and IHS partnership has devised workgroups that could be focal point for addressing some of her budget and tribal access concerns. These workgroups were designed to address health professions and shortage areas, HIV-AIDS services to Indian communities and health disparities activities.

Indian Legislation Introduced

Second Quarter - 2005

House Bills

1. H.R. 1659 (Renzi R-AZ). Navajo Nation Higher Education Act of 2004. A bill to fulfill the United States Government’s trust responsibility to serve the educational needs of the Navajo people; referred to House Subcommittee on 21st Century Competitiveness on April 29, 2005.

2. H.R. 1773 (Herseth, D-SD). Native American Veteran Home Loan Act. A bill to amend title 38, United States Code, to make permanent the Native American Veteran Housing Loan Program, and for other purposes; referred to the Committee on Veterans’ Affairs on April 21, 2005; referred to the Subcommittee on Economic Opportunity on April 25, 2005.

3. H.R. 1797 (McMorris, R-WA). Spokane Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement Act. 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; referred to the Committee on Resources on April 21, 2005. Ordered to be reported by unanimous consent on May 18, 2005.

4. H.R. 1810 (Young, R-AK). Alaska Federal Lands Management Demonstration Project Act. A bill to expand Alaska Native contracting of Federal land management functions and activities and to promote hiring of Alaska Natives by the Federal Government within the State of Alaska, and for other purposes; referred to the Committee on Resources on April 21, 2005.

5. H.R. 1811 (Young, R-AK). Alaska Native Veterans Land Allotment Equity Act. A bill to amend the Alaska Native Claims Settlement Act to provide for equitable allotment of lands to Alaska Native veterans; referred to the Committee on Resources on April 21, 2005.

6. H.R.1812 (Menendez, D-NJ). Patient Navigator Outreach and Chronic Disease Prevention Act of 2005. To amend the Public Health Service Act to authorize a demonstration grant program to provide patient navigator services to reduce barriers and improve health care outcomes, and for other purposes. Grantees eligible for HHS funding are public or nonprofit private health center (including a Federally qualified health center (as that term is defined in section 1861(aa)(4) of the Social Security Act)), a health facility operated by or pursuant to a contract with the Indian Health Service, a hospital, a cancer center, a rural health clinic, among others; referred to the Committee on Energy and Commerce. Passed the Senate without amendment by unanimous consent on June 22, 2005.

7. H.R. 1865 (Young, R-AK). Beaver Kwit’chin Corporation Lands. A bill to direct the Secretary of the Interior to release the condition on a portion of land adjacent to the community of Beaver, Alaska, and for other purposes; referred to the Committee on Resources on April 26, 2005; referred to the Subcommittee on Forests and Forest Health on May 3 and executive comment requested from Interior.

8. H.R. 1866 (Young, R-AK). To facilitate shareholder consideration of making Settlement Common Stock under the Alaska Native Claims Settlement Act. A bill to facilitate shareholder consideration of making Settlement Common Stock under the Alaska Native Claims Settlement Act available to Alaska Natives born after December 18, 1971, descendants of Alaska Natives born after December 18, 1971, missed enrollees, and Native Elders, and for other purposes; referred to the Committee on Resources on April 26, 2005.

9. H.R. 1933 (Pallone, D-NJ). Native Act to Transform Imagery in Various Environments. A bill to authorize the Secretary of Education to make grants to eligible schools to assist such schools to discontinue use of a derogatory or discriminatory name or depiction as a team name, mascot, or nickname, and for other purposes; referred to the Committee on Education and the Workforce on April 27, 2005; referred to the Subcommittee on Education Reform on June 22, 2005.

10. H.R. 2186 (Kline, R-MN). Prairie Island Land Conveyance Act of 2005. A bill to convey all right, title, and interest of the United States in and to the land described in this Act to the Secretary of the Interior for the Prairie Island Indian Community in Minnesota; referred to the Committee on Transportation and Infrastructure on May 5, 2005.

11. H.R. 2353 (Rogers, R-MI). Common Sense Indian Gambling Reform Act ( IGRA amendments). A bill to make technical corrections to the Indian Gaming Regulatory Act, and for other purposes; referred to the Committee on Resources on May 12, 2005; executive comment requested from Interior on May 17, 2005.

12. H.R. 2412 (Meehan, D-MA). Special Interest Lobbying and Ethics Accountability Act of 2005. A bill to provide more rigorous requirements with respect to ethics and lobbying; referred to the Committee on the Judiciary, and in addition to the Committees on Standards of Official Conduct and Rules, for a period to be subsequently determined by the Speaker on May 17, 2005.

13. H.R. 2417 (Wilson, R-NM). Community Drinking Water Assistance Act. A bill to amend the Safe Drinking Water Act to establish a program to provide assistance to small communities for use in carrying out projects and activities necessary to achieve or maintain compliance with drinking water standards, and for other purposes. The bill authorizes $1.9 billion for small state or Tribal rural communities’ public water system grants, with 10% cost-sharing requirement waiver authority for hardship, and at discretion of EPA Administrator. The act defines “small public water system” to mean towns with less than 200,000 individuals and those serving Bernalillo or Sandoval County, New Mexico; Scottsdale, Arizona; Mesquite or Washoe County, Nevada; or El Paso County, Texas; referred to the House Committee on Energy and Commerce on May 17, 2005; referred to the Subcommittee on Environment and Hazardous Materials on June 3, 2005.

14. H.R. 2428 (Hinchey, D-NY). Yellowstone Buffalo Preservation Act. A bill to provide for the protection of the last remaining herd of wild and genetically pure American buffalo; referred to the Subcommittee on Forests and Forest Health on May 23, 2005.

15. H.R. 2559 (Young, R-AK). Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act. A bill to provide for the recognition of certain Native communities [Haines, Ketchikan, Petersburg, Tenakee and Wrangell] and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes; referred to the Committee on Resources on May 23, 2005.

16. H.R. 2566 (Young, R-AK). Surface Transportation Extension Act of 2005. To provide an extension of highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century. Extension provides continued authority through June 30, 2005 and includes the Indian Reservation Roads authority, section 1101(a)(8)(A) of the Transportation Equity Act for the 21st Century (112 Stat. 112; 118 Stat. 1147); referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Ways and Means, Science, and Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. Became Pub.L. 109-14 on May 31, 2005.

17. H.R. 2864 (Young, R-AK). Water Resources Development Act of 2005. A bill to provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes; referred to the House Committee on Transportation and Infrastructure on June 13, 2005; Ordered to be reported (amended) by voice vote on June 22, 2005.

18. H.R. 2912 (Case, D-HI). Native Hawaiian Housing. A bill to reauthorize provisions in the Native American Housing Assistance and Self-Determination Act of 1996 relating to Native Hawaiian low-income housing and Federal loan guarantees for Native Hawaiian housing; referred to the House Committee on Financial Services on June 15, 2005.

19. H.R. 2934 (Filner, D-CA). Border Crosser Care and Emergency Medical Services Reimbursement, the PAYUP Act of 2005. A bill to authorize Federal payment to emergency ambulance and medical services providers for the cost of uncompensated care of aliens aided by the border patrol or other Federal immigration official; referred to the House Committee on Energy and Commerce on June 16, 2005.

20. H.R. 2978 (Rehberg, R-MT). Fort Peck-Montana Water Compact Conveyance. A bill to allow the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation to enter into a lease or other temporary conveyance of water rights recognized under the Fort Peck-Montana Compact for the purpose of meeting the water needs of the Dry Prairie Rural Water Association, Incorporated, and for other purposes; referred to the House Committee on Resources on June 17, 2005.

21. H.R. 2979 (Rehberg, R-MT). Crow Boundary Settlement Act Amendments. A bill to amend the Crow Boundary Settlement Act of 1994 regarding the distribution of capital gains from the Crow Tribal Trust Fund; referred to the House Committee on Resources on June 17, 2005.

22. H.R. 2981 (Udall, D-NM). SBA Small Business Centers and American Indians, Alaska Native and Native Hawaiian Improved Services. A bill to amend the Small Business Act to expand and improve the assistance provided by Small Business Development Centers to Indian tribe members, Native Alaskans, and Native Hawaiians; referred to the House Committee on Small Business on June 17, 2005

23. H.R. 3021 (Herger, R-CA). A bill to reauthorize the Temporary Assistance for Needy Families block grant program through September 30, 2005 and for other purposes; referred to the Committee on Ways and Means and became Public Law 109-19 on July 2, 2005.

24. H. Con. Res. 126 (Peterson, D-MN). Condolences over Red Lake High School Tragedy. A concurrent resolution expressing the condolences and deepest sympathies of the Congress in the aftermath of the recent school shooting at Red Lake High School in Red Lake, Minnesota; referred to the Committee on Education and the Workforce on April 6; agreed to on April 20; and referred to Senate Committee on the Judiciary on April 21, 2005.

25. H. Con. Res. 189 (Blumenaur, D-OR). A concurrent resolution honoring the Native American Tribes of the Pacific Northwest and the Treaties of 1855 between these tribes and the United States of America. Referred to the House Committee on Resources on June 23, 2005.

Senate Bills

1. S. 623 (Hatch, R-UT). Utah Paiute Tribe and Land Conveyance. A bill to direct the Secretary of Interior to convey certain land held in trust for the Paiute Indian Tribe of Utah to the City of Richfield, Utah, and for other purposes; referred to the Committee on Indian Affairs on March 15, 2005.

2. S. 690 (Domenici, R-NM). American Indian Reservation Transportation Improvement Program Act. A bill to amend the Transportation Equity Act for the 21st Century to provide from the Highway Trust Fund additional funding for Indian reservation roads, and for other purposes; referred to the Committee on Indian Affairs on April 4, 2005.

3. S. 692 (Domenici, R-NM). Bisti PRLA Dispute Resolution Act. A bill to provide for the conveyance of certain public land in northwestern New Mexico by resolving a dispute associated with coal preference right lease interests on the land; referred to the Committee on Indian Affairs on April 4, 2005.

4. S. 706 (Coleman, R-MN). Prairie Island Land Conveyance Act of 2005. A bill to convey all right, title, and interest of the United States in and to the land described in this Act to the Secretary of the Interior for the Prairie Island Indian Community in Minnesota; referred to the Committee on Indian Affairs on April 5, 2005.

5. S. 731 (Conrad, D-ND). Tribal Colleges and Universities Teacher Loan Forgiveness Act. A bill to recruit and retain more qualified individuals to teach in Tribal Colleges or Universities; referred to the Committee on Indian Affairs on April 6, 2005.

6. S. 881 (Cantwell, D-WA). Spokane Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement Act. 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; referred to the Committee on Indian Affairs on April 21, 2005.

7. S. 898 (Hutchison, R-TX). Patient Navigator Outreach and Chronic Disease Prevention Act of 2005. A bill to amend the Public Health Service Act to authorize a demonstration grant program to provide patient navigator services to reduce barriers and improve health care outcomes, and for other purposes. Grantees eligible for HHS funding are public or nonprofit private health center (including a Federally qualified health center (as that term is defined in section 1861(aa)(4) of the Social Security Act)), a health facility operated by or pursuant to a contract with the Indian Health Service, a hospital, a cancer center, a rural health clinic, among others; referred to the Committee on Health, Education, Labor, and Pensions on April 25, 2005. Committee reported with written report no. 109-73 on May 25, placed on Senate legislative calendar under General Orders Cal. No. 115.

8. S. 972 (Bingaman, R-NM). Albuquerque Indian Health Center Act of 2005. A bill to designate the Albuquerque Indian Health Center as a critical access facility and to provide funds for that Center; referred to the Committee on Indian Affairs on April 28, 2005.

9. S. 987 (McCain, R-AZ). Restoring Safety to Indian Women Act. A bill to restore safety to Indian women; referred to the Committee on Indian Affairs on May 10, 2005.

10. S. 1003 (McCain, R-AZ). Navajo-Hopi Land Settlement Amendments of 2005. A bill to amend the Act of December 22, 1974, and for other purposes; referred to the Committee on Indian Affairs on May 11, 2005.

11. S. 1035 (Inhofe, R-OK). Code Talkers Recognition Act. A bill to authorize the presentation of commemorative medals on behalf of Congress to Native Americans who served as Code Talkers during foreign conflicts in which the United States was involved during the 20th century in recognition of the service of those Native Americans to the United States; referred to the Committee on Banking, Housing, and Urban Affairs on May 13, 2005

12. S. 1057 (McCain, R-AZ). Indian Health Care Improvement Act Amendments of 2005. A bill to amend the Indian Health Care Improvement Act to revise and extend that act; referred to the Committee on Indian Affairs on May 17, 2005.

13. S. 1115 (Murkowski, R-AK). Charitable Contributions of Inventory to Indian Tribes. A bill to amend the Internal Revenue Code of 1986 to allow Indian tribes to receive charitable contributions of inventory; referred to the Committee on Finance on May 24, 2005.

14. S. 1219 (Burns, R-MT). Fort Peck-Montana Water Compact Conveyance. A bill to authorize certain tribes in the State of Montana to enter into a lease or other temporary conveyance of water rights to meet the water needs of the Dry Prairie Rural Water Association, Inc. ; referred to the Senate Committee on Energy and Natural Resources on June 9, 2005.

15. S. 1231 (McCain, R-AZ). National Fund for Excellence in American Indian Education Amendments Act of 2005. A bill to amend the Indian Self-Determination and Education Assistance Act to modify provisions relating to the National Fund for Excellence in American Indian Education; referred to the Senate Committee on Indian Affairs on June 14, 2005.

16. S. 1239 (McCain, R-AZ). American Indian Elderly and Disabled Access to Health Care Act of 2005. A bill to amend the Indian Health Care Improvement Act to permit the Indian Health Service, an Indian tribe, a tribal organization, or an urban Indian organization to pay the monthly part D premium of eligible Medicare beneficiaries; referred to the Senate Committee on Indian Affairs on June 14, 2005.

17. S. 1260 (Vittor, R-LA). Indian Gaming Technical Corrections Act. A bill to make technical corrections to the Indian Gaming Regulatory Act, and for other purposes; referred to the Senate Committee on Indian Affairs on June 16, 2005.

18. S. 1274 (Lieberman, D-CT). Improve Interoperable Communications for First Responders Act of 2005. A bill to strengthen Federal leadership, provide grants, enhance outreach and guidance, and provide other support to State and local officials to achieve communications inter-operability, to foster improved regional collaboration and coordination, to promote more efficient utilization of funding devoted to public safety communications, to promote research and development for first responder communications, and for other purposes; referred to the Senate Committee on Homeland Security and Governmental Affairs on June 21, 2005.

19. S. 1291 (McCain, R-AZ). Pascua Yaqui Mineral Rights Act of 2005. A bill to provide for the acquisition of subsurface mineral interests in land owned by the Pascua Yaqui Tribe and land held in trust for the Tribe; referred to the Senate Committee on Indian Affairs and ordered to be reported favorably on June 29, 2005.

20. S.1295 (McCain, R-AZ). National Indian Gaming Commission Accountability Act. A bill to amend the Indian Gaming Regulatory Act to provide for accountability and funding of the National Indian Gaming Commission; referred to the Senate Committee on Indian Affairs and ordered to be reported with amendment favorably on June 29, 2005.

21. S.1306 (Murkowski, R-AK). Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act. A bill to provide for the recognition of certain Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act; referred to the Senate Committee on Energy and Natural Resources on June 23, 2005.

22. S. 1312 (McCain, R-AZ). Reducing Conflicts of Interest in the Representation of Indian Tribes Act. A bill to amend a provision relating to employees of the United States assigned to, or employed by, an Indian tribe, and for other purposes; referred to the Committee on Indian Affairs and ordered to be reported without amendment favorably on June 29, 2005.

23. S.1324 (Frist, R-TN). Childhood Obesity Reduction Act. A bill to reduce and prevent childhood obesity by encouraging schools and school districts to develop and implement local, school-based programs designed to reduce and prevent childhood obesity, promote increased physical activity, and improve nutritional choices; referred to the Committee on Health, Education, Labor, and Pensions on June 28, 2005.

24. S. 1325 (Frist, R-TN). Improved Nutrition and Physical Activity (“IMPACT”) Act. A bill to establish grants to provide health services for improved nutrition, increased physical activity, obesity and eating disorder prevention, and for other purposes; referred to the Committee on Health, Education, Labor, and Pensions on June 28, 2005.

25. S. 1337 (Enzi, R-WY). Fair and Reliable Medical Justice Act. A bill to restore fairness and reliability to the medical justice system and promote patient safety by fostering alternatives to current medical tort litigation, and for other purposes; referred to the Committee on Health, Education, Labor, and Pensions on June 29, 2005.

26. S. 1338 (Murkowski, R-AK). Alaska Water Resources Act. A bill to require the Secretary of the Interior, acting through the Bureau of Reclamation and the United States Geological Survey, to conduct a study on groundwater resources in the State of Alaska, and for other purposes; referred to the Committee on Energy and Natural Resources and hearings held on July 12, 2005.

27. S.J. Res. 15 (Brownback, R-KS). Recognition and Apology to Native Peoples. A joint resolution to acknowledge a long history of official depredations and ill-conceived policies by the United States Government regarding Indian tribes and offer an apology to all Native Peoples on behalf of the United States; referred to the Committee on Indian Affairs on April 19; Committee on Indian Affairs held hearing on May 25, 2005.

Executive Branch

Statements of Administration Policy (SAPS) [Bold Italics inserted for emphasis]

1. Office of Management and Budget (OMB) Release: House Passage of the FY2006 Interior, Environment Appropriations Act. May 19, 2005.

HR2361 - FY2006, the Interior, Environment, and Related Agencies Appropriations Act

(Sponsors: Lewis (R) California; Obey (D) Wisconsin)

The Administration supports House passage of the FY 2006 Department of the Interior, Environment, and Related Agencies Appropriations Act, as reported by the House Committee.

The Administration applauds the Committee for reporting this bill in a timely manner and looks forward to working with Congress to ensure that the FY 2006 appropriations bills do not exceed the $843 billion discretionary funding level proposed in the President’s FY 2006 Budget and contained in the FY 2006 Congressional Budget Resolution. Sustaining the economy’s expansion requires strong Federal spending discipline. The President’s Budget includes over 150 savings and reforms and was the first to propose reducing non-security discretionary spending since the Reagan Administration. The Administration urges the Congress to shift funding from lower priorities and, as assumed in the Budget Resolution, to hold spending in the non-security discretionary category below last year’s level.

Given the need for responsible spending restraint, the Administration appreciates that the Committee fully funded the President’s request for fire suppression and urges Congress to fully fund other unavoidable obligations. The Administration looks forward to working with Congress to ensure that its priorities, including the Preserve America Initiative, are met within that overall total.

The Administration would like to take this opportunity to share additional views regarding the Committee’s version of the bill.

Select Initiatives and Savings

The Administration appreciates the Committee’s continued support of the American Masterpieces initiative in the National Endowment for the Arts and the We the People initiative in the National Endowment for the Humanities. The funding provided by the Committee will enable students and communities across the country to experience the best of America’s artistic and cultural legacy and explore and share significant events in American history.

However, the Administration objects to the lack of funding for Preserve America. This Presidential priority is designed to help local communities realize the potential of their cultural and heritage assets through heritage tourism, educational programs, and other practices that contribute to community vitality and economic well-being while fostering public appreciation for American history and values.

The Administration commends the Committee for its willingness to make requested reductions in the Clean Water State Revolving Fund, Land and Water Conservation Fund (LWCF) state grants, and National Park Service statutory aid. Additional savings are available to fund the Administration’s priorities as identified below.

Environmental Protection Agency (EPA)

The Administration appreciates the Committee’s funding for safe-building research, but is disappointed that the Committee did not fully fund the other homeland security obligations required by recent Homeland Security Presidential Directives regarding water-supply protection, decontamination, and laboratory capabilities. Fully funding homeland security needs at $57 million will help protect the Nation’s drinking water and other essential needs.

The Administration is disappointed that the Committee has not fully funded the President’s $4 million request for EPA’s contribution to the Methane to Markets (M2M) Partnership. M2M is an important U.S.-led international initiative designed to cost-effectively reduce worldwide greenhouse-gas emissions. The Administration is also disappointed with reductions to important cleanup programs, including the $38 million reduction for Brownfields. The Government Accountability Office has estimated that there are more than 450,000 Brownfields sites across the Nation. The Brownfields program has a track record of success, and full funding is necessary to support these cleanup efforts.

While the Administration appreciates the Committee’s $6 million increase over the FY 2005 enacted level for the Great Lakes Legacy Act, the House is urged to fully fund this effort at $50 million.

The House could restore funds for these important programs by redirecting some of the $280 million provided for unrequested projects. While the Committee report does not identify the specific projects to be funded, historically these types of projects have often served local interests and not national priorities or have not been subjected to a competitive process that ensures that the highest priorities are funded.

Department of the Interior

The Administration commends the Committee for its focus on core programs, yet the Administration remains concerned that the bill funds several specific programs funded through the LWCF at levels significantly below the Administration’s request. The Administration’s requests for land acquisition and selected grant programs are restrained, targeted, and modest enough to fit within funding allocations. Land acquisitions are often necessary to achieve results for the public, such as establishing a memorial to the downed Flight 93 in Pennsylvania. Similarly, the Landowner Incentive and Private Stewardship conservation grant programs achieve results by offering positive incentives for private landowners to protect rare species and restore habitat while continuing farming, ranching, or other traditional land uses. Cooperative Conservation challenge cost-share grants help build creative land restoration partnerships with local communities and private landowners. The Administration encourages the House to fully fund these important LWCF programs.

The President’s Budget included a number of terminations and reductions to those programs that have not demonstrated results for the taxpayer, duplicate current efforts, or do not fulfill essential priorities. Funds from these programs could be used to offset increases for higher priority programs. The Administration urges the House to accept the requested funding reductions for Bureau of Indian Affair’s school construction; payments in lieu of taxes; national heritage area grants; rural fire assistance; and the U.S. Geological Survey mineral resources program.

The Administration appreciates that the Committee included the requested funds for the Bureau of Indian Affairs and the Office of Special Trustee for trust management reform. We are concerned, however, that the failure to provide the full amount requested for Indian trust will delay completion of the Secretary’s historical accounting.

The Administration is also concerned that the Committee grants permanent authority and mandatory funding for the Minerals Management Service Royalty-in-Kind (RIK) program. This will reduce oversight for a program that collects billions of dollars in Government revenue.

Department of Agriculture

The Committee is commended for providing funding to support the President’s Healthy Forests Initiative (HFI) and for providing the full amount requested for fire-suppression activities. However, the Administration objects to the required assessment of indirect costs from fire suppression since it would effectively result in under-funding fire suppression and in turn increase the need to borrow from other programs. The Administration shares the Committee’s concerns regarding the high costs of fire incidents, and the FY 2006 Budget includes proposals to control fire suppression costs and improve program performance. The Administration is also concerned that the Committee has included report language that appears to prevent the agency from implementing recommendations of the Program Assessment Rating Tool evaluation and from prioritizing fire activities, and will continue to work with Congress to ensure programs are effective and taxpayer funds are spent wisely.

The Administration urges the House to restore the requested levels for the Forest Legacy program of the Forest Service. This program, which is funded through LWCF, protects private forest lands for a variety of conservation purposes in a competitive, results-based manner. This funding priority can be offset by requested funding reductions for the State and Private Forestry and Capital Improvement and Maintenance accounts.

Indian Health Service

The Administration commends the Committee for supporting the requested increases for expanding health care services for Native Americans and Alaska Natives through the Indian Health Service.

E-Government

The Administration objects to funding reductions to SAFECOM and Disaster Management. These programs are an integral part of the President’s Management Agenda. Both of these programs directly support the agencies’ responsibilities to fight wildland fires, respond to volcano, earthquake, and landslide incidents, and coordinate with State and local jurisdictions. Without these public safety programs, responder organizations would lose a key tool and critical capability, thereby impacting their effectiveness in responding to incidents.

Competitive Sourcing

The Administration strongly opposes provisions in the bill that would restrict agencies in the bill from improving program management through competitive sourcing. The Administration has adopted a reasoned approach for ensuring the fair and effective application of competition. On a Government-wide basis, competitions completed in FY 2004 are estimated to generate savings, or cost avoidances, for the taxpayer of more than $1.4 billion over the next three to five years. The Forest Service and Department of the Interior are using competitive sourcing in a strategic and responsible manner. The competitions they completed in FY 2004 are collectively expected to net approximately $178 million in taxpayer savings over the next several years ($162 million at the Forest Service and $16 million at Interior). The House is urged to remove the funding restrictions and work with the Administration to refine reporting on costs.

Constitutional Concerns

The Administration objects to a number of provisions in the bill that would purport to require Committee approval before Executive Branch execution. These provisions should be changed to require only notification of Congress, since any other interpretation would contradict the Supreme Court’s ruling in INS v. Chadha.

Section 402 of the bill purports to prohibit the use of funds for any activity that tends to support or oppose pending legislation. The Administration has construed such provisions narrowly to apply only to “grassroots” lobbying and to permit normal and necessary communications that the President is constitutionally entitled to undertake. Because the sweeping language in section 402 recognizes no exceptions for such legislation-related activity, the Administration recommends that the provision be deleted or, in the alternative, amended to include language permitting normal and necessary Executive Branch communications concerning the legislative process.

Section 419 would authorize two Executive departments to enter into agreements with foreign countries regarding the provision of firefighter services, and would impose specific requirements in such agreements. This provision is objectionable to the extent that it would infringe on the President’s constitutional authority over negotiations with foreign states. The provision should be reworded to make it precatory

2. Office of Management and Budget (OMB) Release: House Passage of Faster and Smarter Funding for First Responders Act of 2005. May 12, 2005.

H.R. 1544 – Faster and Smarter Funding for First Responders Act of 2005(Rep. Cox (R) California and 40 cosponsors)

The Administration supports House passage of H.R. 1544, which would increase the amount of homeland security assistance distributed based on risk and threat. This approach is consistent with the goals of the President, which are reflected in the President’s FY 2006 Budget. The Administration greatly appreciates the Committee’s efforts to better target Federal preparedness grants to the Nation’s most critical terrorism preparedness needs and to ensure that State and local grantees are held accountable for how these funds are used. However, the Administration has several concerns regarding the specific allocation of funds, the Department of Homeland Security (DHS) grant review process, and new oversight requirements. The Administration looks forward to working with Congress to address these concerns before it completes final action on this legislation.

The Administration appreciates the Committee’s support for lowering the minimum State funding levels. The bill proposes three separate minimum funding levels for States and territories, and a separate percentage for direct grants to Indian tribes. The Administration believes this formulation is unduly complicated, and urges the House to adopt the Budget’s proposal of a minimum funding level of 0.25 percent for each State and territory.

While the Administration agrees that DHS should leverage the expertise of various components within the Department in assessing State and local needs, it has concerns over the establishment of a new First Responder Grants Board within DHS. Imposing this new bureaucratic layer of grant application review on the Secretary would slow the distribution of homeland security funds to States and localities and limit the Secretary’s authority to decide how grant funds should be allocated. Eliminating this provision would enable the Secretary to distribute homeland security funds in an efficient manner consistent with the bill’s other requirements.

The Administration appreciates that the Task Force on Terrorism Preparedness for First Responders will build on essential responder capabilities that are being developed for the National Preparedness Goal. However, the complexity of the Task Force’s membership requirements would unduly limit the Secretary’s ability to exercise discretion over appointments. The Administration urges simplification of these requirements, or making them advisory.

Finally, the Administration has concerns regarding new reporting requirements for both DHS and State and local grantees. The bill would already increase the level of information required as part of the grant planning and application process. Requiring a new series of quarterly and annual reports would further increase the paperwork burden without adding significant oversight benefits. A number of audits have shown no systemic abuse within the grant program administered by DHS’s Office of State and Local Government Coordination and Preparedness. The Administration looks forward to working with Congress on specific changes to these reporting requirements.

3. Energy Legislation. Office of Management and Budget (OMB) Statement, June 14, 2005 (Senate):

Statement Of Administration Policy

H.R. 6 - Energy Policy Act of 2005

(Sen. Domenici (R) NM)

The Administration strongly supports Senate passage of H.R. 6 and commends the Senate for developing balanced national energy legislation that is largely consistent with the Administration’s National Energy Policy. The bill would significantly benefit consumers by increasing energy supplies while protecting the environment and fostering greater competition in the marketplace. It also would improve the Nation’s energy security and reduce our dependence on foreign sources of oil by increasing the use and diversity of renewable energy sources and by reducing energy consumption through greater conservation and energy efficiency.

The Administration commends the Senate for including an electricity title that would achieve many of the Administration’s policy objectives to improve reliability, protect consumers, increase supply, and promote efficient markets. In particular, the Administration strongly supports the bill’s authorization of mandatory, enforceable electricity reliability standards, the repeal of the Public Utility Holding Company Act, the reform of the Public Utility Regulatory Policies Act, and the Federal “last resort” siting authority for transmission facilities determined to be in the national interest. The Administration also supports further efforts to ensure open access to the interstate transmission grid for all generators, enhance consumer protections, and allow certain limited Federal Energy Regulatory Commission (FERC) regulation of Federal utilities and proper financial transparency of their borrowing activities as proposed in the President’s Budget. The Administration supports provisions that strengthen FERC’s authority to prevent market manipulation and market power by reinforcing the Commission’s merger review authority and providing for tough civil penalties.

The Administration would oppose amendments to set a national renewable portfolio standard (RPS) on power generation and believes these standards are best left to the States. A national RPS could raise consumer costs, especially in areas where these resources are less abundant and harder to cultivate or distribute. The Administration urges the Senate to support the President’s proposal to extend and expand the renewable energy production tax credit as a more efficient means to expand renewable energy.

The Administration also supports increasing the use of clean, domestically-produced renewable fuels, such as ethanol and biodiesel, and looks forward to working with the Senate to ensure that a flexible, cost-effective renewable-fuels standard is included in any final energy legislation. The Administration strongly supports the inclusion of complementary provisions, particularly the repeal of the Clean Air Act’s oxygenate requirement for reformulated gasoline, which would enable greater flexibility in the Nation’s fuel supply. The Administration encourages amendments to add these provisions, which would be consistent with the language contained in the H.R. 6 Conference Report in the 108th Congress.

The President has repeatedly emphasized the increasing importance of using cleaner, more efficient energy technologies to help meet the Nation’s energy needs, and the Administration is pleased that the Senate bill authorizes funding for several Presidential initiatives, including the Hydrogen Fuel Initiative, Coal Research Initiative, and Nuclear Power 2010 program. However, the Administration is concerned about the potential cost of the bill’s new Department of Energy (DOE) programs to provide 100-percent Federally guaranteed loans for a wide range of commercial or near-commercial technologies, and looks forward to working with the Senate to refine this provision further to focus only on long-term, high-risk investments for which Federal assistance is appropriate.

The Administration supports the bill’s energy efficiency provisions, which will conserve energy and allow consumers to use it more efficiently. We also commend the Senate for extending authority for Energy Savings Performance Contracts. However, the Administration strongly opposes the bill’s requirement that the President implement measures to reduce U.S. petroleum demand by one-million barrels per day. The Administration believes that it would effectively require a rapid, near-term increase in corporate average fuel economy (CAFE) standards, which would likely have undesirable safety impacts and may well be impossible to achieve under existing legal authorities. The Administration also strongly opposes any amendments to legislate an arbitrary increase in CAFE standards that could reduce vehicle safety and eliminate auto sector jobs.

The Administration strongly supports balancing energy conservation and efficiency with increasing domestic production of traditional and non-traditional energy resources. In particular, the Administration urges the Senate to adopt a provision, like the one included in the House-passed version of H.R. 6, to open a small portion of the Arctic National Wildlife Refuge (ANWR) to environmentally responsible oil-and-gas exploration and development. Opening ANWR is key not only to a truly comprehensive energy policy by increasing domestic production, but also to creating tens of thousands of new jobs for American workers.

The Administration supports increasing the production of traditional energy resources on the Outer Continental Shelf (OCS), Federal onshore lands, and Indian lands, consistent with the National Energy Policy. The President believes that additional taxpayer subsidies for oil-and-gas exploration are unwarranted in today’s price environment, and urges the Senate to eliminate the Federal oil-and-gas subsidies and other exploration incentives contained in the bill. Similarly, the Administration does not believe direct or guaranteed loan assistance is appropriate or necessary to permit Tribes to develop their energy resources, particularly given current high prices for oil and natural gas. Furthermore, the Administration is concerned that language in section 503 could create new, expensive breach-of-trust claims against the United States and therefore urges the Senate to either delete this language (proposed new section 2604(e)(6)(A)(ii) of the Energy Policy Act of 1992) or revise the overall language to make it clear that nothing in the Indian energy section of the bill is intended to expand existing U.S. liability with respect to Indian energy development.

To address our growing need for natural gas supplies, the Administration supports section 381, which, as called for by the President, would clarify FERC’s exclusive jurisdiction over the siting of terminals, on-shore or within State waters, for receipt of liquefied natural gas. We oppose the significant new funding authorizations and diversion of OCS revenues containedin the coastal-State impact assistance provisions in section 371. The Administration welcomes the opportunity to discuss further with the Senate means to provide greater access to oil and natural gas resources on the OCS in cooperation with States who support such development.

The Administration supports the greater use of clean, domestic nuclear energy as a part of our Nation’s energy supply. Particularly, the Administration encourages the Senate to adopt the President’s recently announced proposals to provide a limited amount of Federal risk insurance and to reform the regulatory process in order to provide greater assurance that properly completed nuclear power plants can begin operation, while ensuring public safety and appropriate input. The Administration believes that the President’s two proposals are sufficient to support the construction of the Nation’s first new plants in a generation, and urges the Senate to adopt them. In addition, the Administration strongly supports the Senate’s provisions reauthorizing Price-Anderson Act nuclear liability insurance. The Administration believes it is premature for the Senate bill to include a $1.25-billion authorization of appropriations to construct a Federal nuclear reactor.

The Administration is not convinced of the need for additional legislation with respect to global climate change, and will oppose any climate change amendments that are inconsistent with the President’s climate change strategy. In February 2002, the President committed the United States to an ambitious national goal to reduce the greenhouse gas intensity of the American economy by 18 percent over the next ten years. The President directed a broad range of domestic and international actions, including new initiatives for scientific research to develop advanced energy and sequestration technologies, and voluntary reporting of greenhouse gas emissions. The President’s climate change strategy provides for a continuing cabinet-level policy process to oversee and direct this comprehensive program. Other provisions in the bill that address energy policy goals — such as expanded use of renewable and nuclear energy, improved energy efficiency, and accelerated development of a hydrogen-based transportation infrastructure — will reduce the projected growth in greenhouse gas emissions, and the Administration urges the Senate to allow these programs and the President’s strategy to go forward unimpeded.

The Administration has serious concerns with section 623, which would amend section 129 of the Atomic Energy Act of 1954, because it would unnecessarily restrict the President’s ability to cooperate with nations like Libya in cases where such cooperation would further important U.S. non-proliferation objectives or promote the common defense and security of the United States. For example, section 623 could, among other things, restrict the President’s ability to engage in activities needed to secure proliferation-sensitive materials in such a country.

The Administration is concerned about the significant direct and potential cost of the Senate bill. The bill includes appropriation authorization levels that in many cases significantly exceed the President’s Budget. These and new program authorizations set unrealistic targets and expectations for future program-funding decisions. Moreover, as proposed in the President’s Budget, the Administration urges the Senate to take this opportunity to sunset energy programs that have outlived their purpose, provide limited public benefit, or are within industry’s ability and interest to undertake without Federal help.

In drafting its tax incentives title, the Administration also urges the Senate to be consistent with the President’s FY 2006 Budget, which proposed energy tax incentives totaling

$6.7 billion over ten years dedicated solely to alternative and renewable fuels, conservation, energy efficiency, and emissions-free energy.

The Administration recommends modifications to address several constitutional concerns. Specifically, sections 633(c)(2) and 962(c)(3), which purport to direct the conduct by the Executive Branch of foreign relations, should be amended to be advisory, consistent with the Constitution’s commitment to the President of authority to conduct the Nation’s foreign relations. Section 953, containing new section 6 of the Methane Hydrate Research and Development Act of 2000, should be amended to refer to reports directed by law rather than reports directed by a congressional committee, as the Constitution does not grant a committee of Congress the power to issue direction to the Executive Branch. Also, many provisions, including sections 251(b)(5), 322(h)(3), 801 (containing section 401(b)(2) of the Matsunaga Act), 946(a)(2)(C), 962(b), 1282, 1308(c)(2), 1316(c), 1321(a)(2)(C), and 1322(b), purport to require Executive Branch officials to submit to Congress recommendations for legislation. Consistent with the President’s constitutional authority to supervise the unitary Executive Branch and make recommendations to Congress, these provisions should be amended to call for submission only of such recommendations “as the President shall judge necessary and expedient.”

In addition, the Administration opposes the processes included in sections 383 and 1221, which would allow an applicant or State to directly file an appeal with the President if permitting decisions for natural gas pipelines or interstate electric transmission facilities are not issued within certain time limits. Such provisions would conflict with existing Federal administrative law, including environmental laws, which clearly distinguish the President from executive agencies. The Administration would support other approaches that would accomplish the same result, and encourages the Senate to adopt amendments to this effect.

Finally, the Administration is continuing to review the bill and may identify additional concerns including constitutional concerns, which we will want to work on with the Congress.

Public Laws

Public Law 109-7, Disaster Payment Tax Break, (H.R. 1134), an act to amend the Internal Revenue Code of 1986 to provide for the proper tax treatment of certain disaster mitigation payments. Signed on April 15, 2005.

Public Law 109-13, FY2005 Emergency and War Supplemental, (H.R. 1268), an act making Emergency Supplemental Appropriations for Defense, the Global War on Terror, and Tsunami Relief, for the fiscal year ending September 30, 2005. Signed on May 11, 2005.

Public Law 109-18, Patient Navigator Outreach and Chronic Disease Prevention Act, (H.R. 1812), an act to amend the Public Health Service Act to authorize a demonstration grant program to provide patient navigator services to reduce barriers and improve health care outcomes, and for other purposes. Signed on June 29, 2005.

Upcoming Events

August 12-14, 2005. NMAI National Pow-Wow. MCI Center, 601 F Street NW, Washington, D.C. 20024. For more information visit www.nmai.si.edu

September 23, 2005. 38th Annual California Indian Day Celebration to be held at the California State Capitol; Sacramento, CA

October 6-9, 2005. National Indian Education Association (NIEA). The NIEA will hold its 26th annual conference at the Adams’ Mark Hotel, Denver, Colorado. See: www.niea.org.

October 13-14, 2005. Tribal Self Governance Fall Conference, Washington, D.C.

October 16-21, 2005. National Indian Health Board (NIHB) Annual Consumer Conference, Phoenix, Arizona.

October 30 – November 4, 2005. National Congress of American Indians 62nd Annual Convention in Tulsa, OK.

Indian Law Practice Group

Washington, D.C.

Shenan R. Atcitty • 202-457-7128 shenan.atcitty@hklaw.com

Philip Baker-Shenk • 202-457-7031 philip.bakershenk@hklaw.com

Senator (Ret.) Ben Nighthorse Campbell • 202-457-7035 ben.campbell@hklaw.com

Holly B. Cook • 202-457-7171 holly.cook@hklaw.com

Lynn G. Cutler • 202-419-2478 lynn.cutler@hklaw.com

David Devendorf • 202-457-7105 david.devendorf@hklaw.com

Kimberlee Dunlop • 202-862-5966 kimberlee.dunlop@hklaw.com

Gerry E. Sikorski • 202-828-5007 gerry.sikorsk@hklaw.com

Los Angeles and Seattle

Rory Dilweg • 213-896-2400 rory.dilweg@hklaw.com

Tim Evans • 213-896-2472 timothy.evans@hklaw.com

James K. Kawahara • 213-896-2412 james.kawahar@hklaw.com

Frank R. Lawrence • 530-478-0703 frank.lawrenc@hklaw.com

Jerome L. Levine • 213-896-2565 jllevine@hklaw.com

Padraic I. McCoy • 213-896-2541 padraic.mccoy@hklaw.com

Teri Poust • 213-896-2555 teresa.poust@hklaw.com

Mary Prevost • 206-340-1825 mary.prevost@hklaw.com

Allyson G. Saunders • 213-896-2567allyson.saunder@hklaw.com

Zehava Zevit • 213-896-2556 zehava.zevit@hklaw.com

Related Practices

• Indian Law