Quarterly Report
 
November 14, 2005
 

Capitol Hill

In the third quarter alone Congress faced two Supreme Court vacancies, massive Hurricane relief expenses, appropriation woes, Rep. Tom DeLay’s (R-TX) indictment and his departure as Majority Leader, and budget cuts, just to name a few. Congress did, however, manage to complete work on two major pieces of legislation, the national energy and transportation bills, and avoid a government shutdown by passing a continuing resolution hours before the start of Fiscal Year 2006.

With less than four weeks until Congress’ targeted adjournment date and a long list of tasks yet to accomplish, expect Congress to be in session through November and possibly longer. In addition, House and Senate appropriators will be pressured to complete all 11 FY 2006 spending bills before November 18, when the current continuing resolution expires.

Legislative Branch

FY 2006 Appropriations

Congress has faced logistical and substantive hurdles in completing work on the spending bills. In the 109^th Congress, both the House and Senate reorganized their thirteen (13) appropriations subcommittees as a way to improve the overall appropriations process. The Senate now has twelve (12) appropriations subcommittees, eliminating one and restructuring some of the remaining ones. The House reduced the number of subcommittees to ten (10).

As in FY 2005, the Interior bill’s specific rescission authority would not prevent Congress from subjecting the IHS, Bureau of Indian Affairs (BIA) and other Interior-funded Indian programs to another federal Department-wide rescission that may be imposed in one of the remaining spending bills yet to be enacted. Bureau of Indian Affairs (BIA), Indian Health Service (IHS), and the Office of Special Trustee (OST) programs are funded through the Interior spending bill, which was one of the first FY 2006 spending bills signed into law. These programs could be affected by the Hurricane relief and budget reconciliation efforts. In addition, Congress is prioritizing ongoing federal Katrina relief efforts which could delay other needed initiatives including legislation beneficial to Tribes.

FY 2006 Interior Indian Related Bill Language. The FY 2006 Interior Appropriations Bill (P.L. 109-54) was enacted into law on August 2. Of concern in the bill are certain policy and other provisions separate from those necessary to support BIA, OST and IHS program funding. For instance, language is included which authorizes the Secretary to reduce and redistribute a Tribe’s TPA funding in the bill; authorizes the Interior Department to transfer funds for its trust reform implementation, widely opposed by Tribes nationwide; extends limitations on the Cobell litigation and authorizes the payment of private attorneys to defend government defendants; increases funding for the National Indian Gaming Commission to $12 million annually; and limits contract support costs. In addition, the bill includes a .476 percent across-the-board budget cut or rescission on discretionary spending, which includes funding for Indian programs in the bill. The chart on page 2 provides a general overview of some of the Indian programs funded by the bill.

Commerce, Justice, State. On September 15, the Senate passed the $48.9 billion Commerce, Science, Justice (CJS) FY 2006 appropriations bill. Floor amendments of interest that were adopted included:

• Senator Shelby (R-AL) proposed (for Senator Bingaman, D-NM) Amendment No. 1668, to provide funding for methamphetamine prevention education programs in elementary and secondary schools. Indian country has been also heavily hit by this illegal drug activity.

• Shelby (for Durbin/Coburn) Amendment No. 1721, to permit certain health professionals who are displaced by Hurricane Katrina to provide health-related services under the Medicare, Medicaid, SCHIP, and Indian Health Service programs in States to which such professionals relocate.

Transportation, Treasury, HUD. On October 20, the Senate passed by a 93-1 vote (Vote No. 264), H.R. 3058, FY 2006 Transportation, Treasury, and Housing and Urban Development, the Judiciary, District of Columbia, and independent agencies appropriations bill. House appropriators included a rider on the bill and report language that would resurrect the Indian housing fund distribution under NAHASDA based on a “single race” formula. Two years ago, HUD rejected the “single race” formula and implemented a “multi-race” formula to serve as a more accurate and reliable picture of Indian populations. HUD initiated a rulemaking committee to discuss the single versus multi-race formula, but Tribal representatives could not reach an agreement so in 2004, and HUD decided to stay with the current multi-race formula.

Agriculture. On October 26, conferees struck a deal on the $100.2 billion FY 2006 Agriculture appropriations bill boosting spending on food stamps and nutrition programs, while delaying the implementation of country-of-origin labeling laws and maintaining the ban on the re-importation of prescription drugs. The bill provides $17.1 billion in total discretionary spending, a 1.5 percent increase of $258 million over the FY 2005 enacted level and $258 million below what the Senate proposed. President Bush had requested $16.74 billion in discretionary spending.

AGENCY PROGRAM	FY 2005 ENACTED	FY 2006 REQUEST	FY 2006 HOUSE	FY 2006 SENATE	FY 2006 CONFERENCE
BIA:
Tribal Priority Allocations	$769,543,000	$760,149,000	$778,069,000	$775,407,000	$777,319,000
Education	$570,788,000	$565,008,000	$588,368,000	$578,008,000	$587,868,000
Central Office	$140,021,000	$151,534,000	$151,534,000	$151,534,000	$151,534,000
Regional Office	$41,362,000	$41,590,000	$41,590,000	$41,590,000	$41,590,000
Special Programs	$286,261,000	$303,331,000	$317,516,000	$310,831,000	$314,881,000
Subtotal Operations	$1,926,091,000	$1,924,230,000	$1,992,737,000	$1,971,132,000	$1,991,490,000
Construction	$319,129,000	$232,137,000	$284,137,000	$267,137,000	$275,637,000
BIA Total	$2,295,702,000	$2,187,469,000	$2,317,976,000	$2,269,371,000	$2,308,229,000
OST
Federal Program	$193,540,000	$269,397,000	n/a	n/a	$191,593,000
Land Consideration	$34,514,000	$34,514,000	$34,514,000	$34,514,000	$34,514,000
OST Total	$228,054,000	$303,911,000	n/a	n/a	$226,107,000
IHS
Clinical Services	$2,090,642,000	$2,208,715,000	$2,208,715,000	$2,208,715,000	$2,208,715,000
Preventive Health	$110,381,000	$118,859,000	$118,859,000	$118,859,000	$118,859,000
ST Services	$2,596,492,000	$2,732,298,000	$2,732,298,000	$2,732,323,000	$2,732,298,000
Sanitation	$91,767,000	$93,519,000	$93,519,000	$93,519,000	$93,519,000
Construction	$88,597,000	$3,326,000	$50,132,000	$20,326,000	$38,343,000
ST Facilities	$388,577,000	$315,668,000	$370,774,000	$335,643,000	$358,485,000
IHS Total	$2,985,066,000	$3,047,066,000	$3,103,072,000	$3,067,966,000	$3,090,783,000
INTERIOR, ENVIRONMENT GRAND TOTAL	$27,017,724,000	$25,724,328,000	$26.159,125	$26.2256,625	$26,201,541

To view a larger version of the chart above, click on the following link: Click Here

Labor-HHS. On October 27, the Senate passed the last of the spending bills, the FY 2006 Labor-Health and Human Services (HHS) Appropriations Act, by a vote of 94-3 (Vote No. 281). Senator Bingaman (D-NM) introduced one amendment to the Labor-HHS Appropriations bill on the Senate floor on October 25. The amendment requires the HHS Secretary to publish regulations that would reduce contract health services (CHS) costs and charges made by non-IHS providers to no more than Medicare rates by January 1, 2006, or the Office of Secretary would be prohibited from spending any money on travel. This regulation is long overdue and the amendment is intended to force the HHS Secretary to issue the regulations in short order. The amendment was ruled non-germane because there were not Native American or cost sharing issues in the bill. Senator Bingaman reportedly plans to reintroduce the measure, along with others, in a stand alone bill later this month, and will continue to work with other Senators to address provisions in the House bill that could adversely affect Native Americans.

Hurricane Katrina Emergency Assistance. Following Hurricane Katrina’s deadly landfall on August 29, Congress acted to provide emergency funding to support evacuation, recovery and rebuilding efforts. Approximately 9.7 million Alabama, Louisiana and Mississippi residents are estimated to have been affected by Hurricane Katrina. Of those residents, about 2.1 million had been living below the poverty line before the hurricane. In addition to the human and economic impacts to the three state region, Congress and the President anticipate the need to address the ripple effect on the rest of the country, including rising oil costs, long-term joblessness and health related needs; housing, utility and other infrastructure rebuilding. Six Indian Tribes in the Gulf region were also affected by the Katrina’s destruction, and all actively participated in emergency relief efforts to assist neighboring communities. Congress quickly approved two supplemental spending bills totaling over $62 billion in emergency funds, and a third is expected. Total costs are expected to exceed $200 billion. This will increase the federal deficit and represents only the beginning of a prolonged effort.

Fiscal Year 2006 Continuing Resolution (CR). The 2006 fiscal year began on October 1, but only two FY 2006 appropriations bills, Interior and the Legislative Branch, had been signed into law by that date. Congress moved to enact a Continuing Resolution (CR), H.J. Res. 68, to provide interim funding for agencies and government programs included in spending bills not yet enacted. H.J. Res. 68 requires agencies operating their programs under this authority to use the lower of the enacted FY 2005, the House or the Senate proposed FY 2006 amount. For items not previously funded but approved by both House and Senate, the lowest level proposed will be used to determine interim funding. The continuing resolution will last until November 18 to enable Congress enough time to finish work on the remaining appropriations bills.

Fiscal Year 2006 Budget Resolution. Congress has been focusing on the FY 2006 Budget Resolution Agreement, approved by a House-Senate conference committee in April 2005, to enforce both mandatory/entitlement and discretionary funding reductions. The resolution calls for a total of $34.7 billion in direct spending reductions over a five-year period. It also calls for two other reconciliation bills to be adopted, one to approve further tax cuts and another to raise the debt limit. Until the budget resolution is enacted into law, each chamber is free to use its own version of the FY 2006 budget resolution for determining spending limits in the individual FY 2006 appropriations bills. The bill is filibuster-proof.

With respect to Tribal health impacts, the FY 2006 budget resolution proposes a $10 billion reduction in Medicaid spending; a program heavily relied upon by Indian Tribes for covering Medicaid eligible Indian patient health care costs. In FY 2005, tribal Medicaid and Medicare collections are estimated to be $450 million and $130 million, respectively, and are likely to be adversely affected by the proposed $10 billion reduction goal. These programs fall under the joint jurisdictions of the Resources and Energy & Commerce Committees in the House, and the Indian Affairs and Finance Committees in the Senate. Energy & Commerce Committee members have publicly noted the fact that Congress has not approved reauthorization of the Indian Health Care Improvement Act, which could signal a basis for reduction in funding. Tribes will need to carefully monitor these efforts and work with their Congressional delegation and the respective House and Senate authorizing committees to ensure that these programs are not adversely affected.

National Energy Bill Enacted Into Law. After more than four years of work, Congress passed a national energy bill in late July, which was signed into law on August 8. The White House proposed $6.7 billion in tax incentives, while the House proposed $8 billion and the Senate $18 billion. Energy conferees ultimately agreed on an $11 billion tax incentive package.

Title V entails the Indian energy provisions which establishes a comprehensive Indian energy program in the Department of Energy, and authorizes a broad variety of resources for Tribes and tribal organizations to access for energy development purposes. Title V also includes a framework that authorizes Indian Tribes to assume primary authority for approvals of leases, rights-of-way, and other business agreements relating to energy development. Tribes who elect to secure such authority will be required to meet a specific set of criteria to establish Tribal Energy Resource Agreements (TERA) that will govern the manner in which a Tribe considers, reviews and approves energy related leases, rights-of-way, and/or other business agreements. Once the Secretary of the Interior approves a Tribe’s TERA, the federal government will not have a direct role in approving any energy related leases, rights-of-way and/or other business agreements. As a trade-off in assuming such authority, the law will prevent the Tribe from suing the federal government for any business deal or other matter relating to the Tribe’s approval of the lease, right-of-way or other agreement.

National Transportation Reauthorization Enacted Into Law. Just prior to the August recess, Congress passed the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users’ of 2005 or “SAFETEA-LU” authorizing a $286.4 billion, 6-year transportation reauthorization bill, $2.5 billion more than the House approved and the White House requested. The legislation replaces the $218 billion program that expired in 1998 and makes a number of amendments to Title 23 of the United States Code, the statutory authority on highways. President Bush signed the transportation bill into law on August 10.

Section 1119, Federal Lands Highways, contains provisions on the Indian Reservation Roads (IRR) program authorized to be funded from the Highway Trust Fund as follows: $300 million in FY 2005; $330 million in FY 2006; $370 million in FY’07; $410 million in FY’08; $450 million in FY’09. Section 1119 also directs the Secretary of Interior to distribute IRR funds within 30 days of receiving such funds to eligible Indian tribes for Transportation Improvement Program (TIP) projects approved by the Secretary of Transportation. The law also permits the Interior Secretary to use IRR funds for program management and oversight and project-related administrative expenses.

The IRR provisions also provide a framework for Tribes to assume authority for approval of plans, specifications, and estimates and to commence road and bridge construction with IRR funds. To secure such authority, a Tribe must provide assurances in the contract or agreement that (i) construction will meet or exceed applicable health and safety standards, (ii) a State-licensed civil engineer will conduct an advance review of the plans and specifications and certifies that such plans and specifications meet or exceed the applicable health and safety standards, and (iii) a copy of the certification will be provided to the Department of Interior.

The new law calls for a comprehensive national inventory of transportation facilities eligible for assistance under the IRR program; enables two or more eligible Indian Tribes to form a consortium for consideration as a single Tribe for the purpose of participating in an IRR project; and removes the limit on the amount of money an IRR can spend on road sealing projects. Another provision permits States and Tribes to enter into road maintenance agreements for the Tribe to assume the State’s responsibilities for Indian reservation roads and other roads that provide access to the reservation roads. Finally, the new law establishes within the Department of Transportation a position of Deputy Assistant Secretary for Tribal Government Affairs to plan, coordinate and implement the Department’s policies and programs serving Indian tribes and tribal organizations.

Homeland Security First Responders Funding Reform. On July 11, Senators Collins (R-ME) and Lieberman (D-CT) offered legislation to revamp the Homeland Security first responders funding formula as an amendment to the FY 2006 Homeland Security Appropriations bill due to their concerns that the Senate would not act on the bill as a stand-alone measure this year. The measure, which provides States $763 million in guaranteed funding, and distributes $1.2 billion based on risk and vulnerability, is intended to provide more funding to larger, densely populated areas at greater risk. The Collins-Lieberman amendment included tribal specific provisions which, among others, authorize Indian Tribes meeting certain criteria to apply for and obtain direct Homeland Security funding and other resources without having to apply through the States, as required under current law. However, the provisions were dropped in conference in favor of language which provides the DHS Secretary discretion to allocate most of the money based on risk and vulnerability. Earlier this year, the House passed H.R. 1544, the Faster and Smarter First Responders Funding Act, with similar tribal provisions, which guarantees their inclusion in the final bill when passed by Congress.

In October, Senate conferees continued negotiating the reauthorization of the USA Patriot Act and attempted to force the House to drop its provision revamping the Department of Homeland Security’s (DHS) funding formula for first responders. The House proposal, which House members agreed to attach to the PATRIOT Act reauthorization, would give each state $4 million for first responder funding. The Senate did not include first responders funding provisions in its version of the legislation. The proponents of the first responders funding legislation are likely to continue seeking action on these measures later.

Indian Gaming. In response to constituent concerns and state questions, some Members of Congress view Indian gaming activities as an area requiring their scrutiny for further regulation, restriction or as a potential federal funding assistance factor. Five bills have been introduced, in the 109^th Congress to date, that solely address “Indian gaming.” In addition, there have been over a dozen tribal specific legislative proposals introduced that contain restrictive Indian gaming provisions. This increased attention takes momentum away from federal policy making efforts in other tribal initiatives, as the 535 elected Members of the U.S. Congress carry differing and often inaccurate and unfair perceptions on Indian gaming. The following is a list of Indian gaming related bills introduced this year:

• S. 1260 – Common Sense Indian Gambling Reform Act of 2005 - introduced by Senator Voinovich (R-OH) would “clarify that Class III gambling under the Indian Gaming Regulatory Act (IGRA) applies only on an activity-by-activity basis, rather than in a class-wide sense.” This bill makes technical corrections to IGRA to modify a provision relating to gaming on lands acquired after October 17, 1988, exceptions and consultation required. It also addresses Class II gaming. HR.2353 is the companion bill introduced by Congressman Rogers R-(MI).

• S. 1295 - National Indian Gaming Commission Accountability Act of 2005 - introduced by Senator McCain (R-AZ) would raise the $8 million cap on tribal fees to fund the National Indian Gaming Commission. It would do this by amending the IGRA’s NIGC funding equation to permit funding adjustments in direct proportion to tribal gaming revenues, with funding to expand or contract as the Indian gaming industry grows or recedes. Under that equation—which provides that fees cannot exceed .08 percent of gross gaming revenues—the NIGC’s budget for FY’07 is estimated to be capped at approximately $14.5 million.

• S. 1518 - To amend the Indian Gaming Regulatory Act to modify a provision relating to the locations in which class III gaming is lawful. (Introduced in Senate) - also introduced by Senator Voinovich (R-OH) would amend the Indian Gaming Regulatory Act to modify a provision relating to the locations in which class III gaming is lawful.

• H.R. 3431 - To amend the Indian Gaming Regulatory Act to limit casino expansion. (Introduced in House) - introduced by Congressman Dent (R-PA) would amend the Indian Gaming Regulatory Act to limit casino expansion. Specifically, it removes the exception under Section 20(b)(1) of IGRA that excludes lands in trust as part of a settlement of a land claim, initial reservation of a tribe acknowledged by the Secretary under the Federal acknowledgement process, or the restoration of lands for an Indian tribe that’s restored to federal recognition from the prohibition on gaming on lands acquired in trust by the Secretary. It also requires additional approval by the State legislature.

Other bills with Indian gaming provisions include:

• H.R. 3349/S. 480 - The Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2005.

• H.R. 2186/S. 706 - Prairie Island Land Conveyance Act of 2005.

• H.R. 794 - Colorado River Indian Reservation Boundary Correction Act.

• S. 437 - Grand River Band of Ottawa Indians of Michigan Referral Act.

• H.R. 309/S. 147 - Native Hawaiian Government Reorganization Act of 2005.

• H.R. 3351/S. 536 - Native American Omnibus/Technical Corrections Act of 2005 (includes language from H.R. 2185 Prairie Island Land Conveyance, barring Indian gaming on newly acquired lands).

• H.R. 1104 - Schaghticoke Acknowledgment Repeal Act of 2005.

• H.R. 468/S. 148 - Professional Boxing Amendments Act of 2005.

• Public Law 109-54 - FY2006 Interior Appropriations Act

Endangered Species Act Amendments. On September 30, the House passed H.R. 3824, the Threatened and Endangered Species Recovery Act of 2005 (TESRA). House Resources Committee Chairman Richard Pombo (R-CA) introduced the bill, which re-writes the Endangered Species Act, and immediately held a hearing and Committee vote to move the bill quickly through the House. The bill repeals the “critical habitat” designation for threatened species and establishes a process for recovery plans. Amendments offered by Rep. Rick Renzi (R-AZ) to improve the status of Tribes under the Act, respecting sovereignty, including tribes in the consultation process, and treating Tribes equally with states, were approved.

Specifically, the tribal amendments require that Native American tribes be included on endangered species recovery teams, which make decisions on recovery plans for species on tribal lands. This ensures that Tribes are involved in the entire process. Second, the amendments require that Tribes are properly included by the federal government in the consultation process, and ensures that Tribes can enter cooperative agreements in the same manner as the Secretary enters such agreements with states. Cooperative agreements may provide for development of a program for conservation of species, monitoring species, or assistance in monitoring.

Floor Action

Water Resources Development Act of 2005. On July 14, the House passed H.R. 2864, 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, by a yea-and-nay vote of 406 yeas to 14 nays, Roll No. 378.

Patient Safety and Quality Improvement Act. On July 21, the Senate passed S. 544, to amend Title IX of the Public Health Service Act to provide for the improvement of patient safety and to reduce the incidence of events that adversely effect patient safety. The bill amends the Health Insurance Portability and Accountability Act’s (HIPPA) confidentiality, privacy and privilege authorities, which applies to both private and federal health providers including tribally operated health care services. The House passed S. 544 on July 27, 2005.

USA PATRIOT and Terrorism Prevention Reauthorization Act. On July 21, the House passed H.R. 3199, the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005, to repeal sunset dates and make permanent: (1) the USA PATRIOT Act and (2) the Intelligence Reform and Terrorism Prevention Act of 2004. The Senate passed H.R. 3199 on July 29, 2005. Provisions preserving tribal sovereignty and authority were included in an amendment to the Contraband Cigarette Trafficking Act, which makes it unlawful to knowingly ship, possess, sell, distribute or purchase contraband cigarettes. In addition, provisions authorizing Indian Tribes that meet certain criteria to directly apply for and obtain first responder funding from the Department of Homeland Security were included in a new section of the bill that added H.R. 1544, The Faster and Smarter Funding for First Responders Act of 2005.

Spokane Tribe of Indians Grand Coulee Dam Equitable Compensation Settlement Act. On July 25, the House passed H.R. 1797, providing 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.

Zia Pueblo and Ojito Wilderness Act. On July 26, the Senate passed S. 156, to designate the Ojito Wilderness Study Area as wilderness, to take certain land into trust for the Pueblo of Zia, after agreeing to the committee amendments.

Uintah Research and Curatorial Center Act. On July 26, the Senate passed S. 182, to provide for the establishment of the Uintah Research and Curatorial Center for Dinosaur National Monument in the States of Colorado and Utah, after agreeing to the committee amendment. The bill’s goal is to provide a unified and cost-effective curation of the paleontological, natural, and cultural objects. It authorizes the Secretary of Interior to enter into cooperative agreements with a Federal, State, and local agency, academic institution, Indian tribe, or nonprofit entity to provide for the curation of and research on the museum collection at the Center; and the development, use, management, and operation of the Center.

Sand Creek Massacre National Historic Site Trust Act. On July 26, the Senate passed H.R. 481, to further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000.

Indian Rental Proceeds. On July 26, the Senate passed S. 1480, to establish the treatment of actual rental proceeds from leases of land acquired under an Act providing for loans to Indian tribes and tribal corporations.

Indian Land Probate Reform. On July 26, the Senate passed S. 1481, to amend the Indian Land Consolidation Act to provide for probate reform.

Indian Reservation Contracts. On July 26, the Senate passed S. 1482, to amend the Act of August 9, 1955, to provide for binding arbitration for Gila River Indian Community Reservation Contracts.

Indian Student Count Definition. On July 26, the Senate passed S. 1483, to amend the Carl D. Perkins Vocational and Technical Education Act of 1998 to modify the definition of “Indian student count.’’

Indian Water Rights. On July 26, the Senate passed S. 1484, to amend the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990.

Indian Leases Authorization. On July 26, the Senate passed S. 1485, to amend the Act of August 9, 1955, to extend the authorization of certain leases.

Colorado River Indian Reservation Boundary Correction Act. On July 26, the Senate passed H.R. 794, to correct the south boundary of the Colorado River Indian Reservation in Arizona.

Prairie Island Land Conveyance Act. On July 26, the Senate passed S. 706, to convey all right, title, and interest of the United States in and to 1290 acres of land described in this Act to the Secretary of the Interior for the Prairie Island Indian Community in Minnesota.

Pueblo Criminal Jurisdiction. On July 26, the Senate passed S. 279, to amend the Act of June 7, 1924, to confirm to the Pueblo Indian Tribes criminal jurisdiction over Pueblo lands in New Mexico.

Indian Arts and Crafts Amendments Act. On July 28, the Senate passed S. 1375, to amend the Indian Arts and Crafts Act of 1990 to modify provisions relating to criminal proceedings and civil actions.

Native Hawaiian Government Reorganization Act. On July 29, the Senate began floor consideration of a motion to proceed with S. 147, introduced by Senator Daniel Akaka (D-HI) 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. The motion was approved, and a cloture vote on the bill was scheduled for Tuesday, September 6, 2005. However, the Senate reached a unanimous consent agreement to the contrary to vitiate the vote on the motion to end debate and proceed to consideration of the bill. Recent events relating to hurrican relief and Supreme Court nominations and other matters have pushed back movement on the vote.

Federal Judiciary Emergency Authority. On September 7 and 8, the House and Senate, respectively, passed H.R. 3650, the Federal Judiciary Emergency Special Sessions Act, to allow United States courts to conduct business during emergency conditions. The bill was signed into law on September 9, 2005 (Public Law 109-63). The authority under this law in intended to specifically aid the U.S. Court of Appeals for the 5^th Circuit Court, located in New Orleans, the Louisiana Eastern, Middle and Western federal district courts; and Alabama’s federal Southern District Court in Mobile, Alabama.

Emergency Pell Grant Student Aid. On September 7, the House unanimously passed H.R.3169, the Pell Grant Hurricane and Disaster Relief Act, providing the Secretary of Education with waiver authority for students who are eligible for Pell Grants who are adversely affected by a natural disaster.

TANF Emergency Response and Recovery Act of 2005. On September 8, the House passed H.R. 3672, to provide Hurricane Katrina impacted families federal assistance through the temporary assistance for needy families (TANF) state or tribally administered programs.

FEMA Emergency Loan Authority. On September 8, the House passed H.R. 3669, a bill to increasing the Federal Emergency Management Agency’s (FEMA) borrowing authority to carry out its national flood insurance program, by a vote of 416-0.

Children’s Safety Act of 2005. On September 14, the House passed H.R. 3132, to make improvements to the national sex offender registration program, including provisions for DNA Finger Printing, Child Sexual Exploitation Prevention and Deterrence, and Foster Child Protection and Child Sexual Predator Sentencing Act. H.R. 3132 requires each state, territory, and federally recognized Indian tribe to maintain a sex offender registry and public website providing information on registered offenders. The Congressional Budget Office (CBO) estimates each Tribe will have to spend $5,000 to establish the website and between $5,000 and $10,000 to establish the registry. The total estimated cost to DOJ for grants to cover additional requirements for the 2006-2010 period is roughly $25 million. The bill authorizes funding, as necessary, for FY2006 through FY2008 and is estimated to cost $80 million per year. The Senate Judiciary Committee has also acted on comparable legislation as separate proposals rather than the consolidated approach taken by the House, and voted out two bills (S. 1086, S. 956) on September 22.

Violence Against Women Act (VAWA) Program Increase. On September 15, the Senate passed the CJS spending bill, which included a floor amendment providing an additional $9 million in funding for VAWA programs to assist victims of sexual abuse and domestic violence. Tribal programs are eligible to participate in VAWA. VAWA authorization is also moving forward under a separate proposal, S. 1197, and the Department of Justice (DOJ) reauthorization legislation in the House also carries VAWA authorization language.

Statue of Pueblo Leader Po’Pay in Statuary Hall. On September 21, the House and Senate agreed to H.Con.Res. 242, providing for acceptance of a statue of Po’Pay, presented by the State of New Mexico, for placement in National Statuary Hall.

FY2006 Agriculture Appropriations. On September 22, the Senate 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. The Senate passed the bill with an amendment permitting the Secretary of Agriculture to establish a demonstration intermediate re-lending program for the construction and rehabilitation of housing for the Choctaw Nation. The bill is now cleared for conference with the House.

Indian Financing Act Amendments. On September 22, the Senate passed S. 1758, amending the Indian Financing Act of 1974 to provide for sale and assignment of loans and underlying security. S.1758 clarifies that non-profit tribal entities are eligible for the BIA Loan Guaranty program. It also raises the limit on the amount of loans from $500 million to $1.5 billion. Similar provisions are included in pending Native American Omnibus bills H.R.3351, reported from the House Resources Committee on September 22, and S.536, reported from the Senate Indian Affairs Committee on May 12.

School Readiness Act of 2005. On September 22, the House passed H.R. 2123, a bill to reauthorize the Head Start Act to improve the school readiness of disadvantaged children. The bill extends Head Start authorization through FY2011, authorizes HHS to provide five-year periods of assistance to Head Start agencies, and includes specific Indian set-aside language and provisions.

Higher Education Extension Act. On September 26, the Senate passed H.R. 3784, to temporarily extend the programs under the Higher Education Act of 1965, after the Senate Health, Education, Labor and Pension Committee discharged bill straight to the floor. This passage cleared the measure for the President.

Water Resources Research Act Amendments. On September 27, the Senate passed S. 1017, to reauthorize grants for the water resources research and technology institutes established under the Water Resources Research Act of 1984. The Senate agreed to the committee amendments.

Department of Justice Appropriations Authorization Act, FY2006 - FY2009. On September 28, the House passed H.R. 3402, to authorize appropriations for the Department of Justice for fiscal years 2006 through 2009. The bill provides funding for each fiscal year through FY 2010 including $1 million for victim assistance related to sex crimes and domestic violence. Tribes participate in many of the DOJ programs authorized, including the Violence Against Women Act (VAWA) program.

Medicare Cost Sharing and Welfare Extension Act. On September 29, the Senate passed S. 1778, which provides authority for: (1) medicare cost-sharing funds, through September 2006; and (2) the Temporary Assistance for Needy Families Program (TANF), through March 31, 2006.

Threatened and Endangered Species Recovery Act of 2005. On September 29, the House passed H.R. 3824, to amend and reauthorize the Endangered Species Act of 1973. This measure contains Tribal specific consultation provisions.

FY2006 Continuing Resolution. On September 30, the Senate approved H.J. Res. 68, a continuing resolution to provide funding through November 18 for programs whose appropriations bills have not yet been approved. The bill was sent to the President just in time to avoid a government shutdown.

Violence Against Women Act. On October 4, the Senate passed S. 1197, a bill to reauthorize the Violence Against Women Act of 1994. The bill adds a new title devoted to tribal programs with Title IX – Safety for Indian Women intended to decrease violence against Native women, to strengthen tribal capacity to address this problem, and to hold perpetrators accountable for their crimes. The bill’s findings document the following horrific violence against Native women statistics: one in three will be raped in their lifetimes; they experience the highest sexual assault and battery rates in America; 75 percent of homicide victims during the period of 1979 through 1992 were killed by family members or acquaintances. In response to these statistics, the bill underscores that Indian tribes need additional federal support and resources to address violent and deadly assaults against Native women. Accordingly, the bill would establish the Safety for Indian Women Grants Program (SIWGP) to be funded from specific set aside funds included in the act and from existing criminal justice programs. The bill would establish a tribal deputy director in the Office on Violence Against Women to oversee and manage the SIWGP, including the funds administered to Tribes and Tribal organizations. This position would also be responsible for the coordination of federal and Tribal policy to combat domestic violence against Native women.

The bill would enhance fines and sentences for repeat domestic violence offenders and for firearms possession, and would provide federal agents increased authority to make domestic violence arrests that occur in Indian country. Other provisions would require annual consultation sessions between the Department and Tribes regarding funding and program administration, and require both the Attorney General and the Secretary of Health and Human Services to secure Tribal recommendations on improving the federal response to violent crimes against Native women. Finally, the bill would direct the Attorney General to establish a task force to conduct a national baseline study on the violence against Native women in Indian country, including an evaluation of the governmental response and recommendations for improvements. The bill authorizes $2 million for this study and directs that it be completed within 2 years from the enactment of the bill. The bill’s other provisions designed to combat domestic violence include authorizing Tribes to access national criminal information databases, and creating a national Tribal sex offender registry and a national protection order registry issued by Tribes and participating jurisdictions. Though hailed as a significant victory for Indian country, many advocates are disappointed that the bill does not recognize Tribal authority or jurisdiction over non-Indian perpetrators who commit violent crimes against Native women. The House has not yet considered the legislation.

Ojito Wilderness Act. On October 18, the House passed S. 156, a bill to designate the Ojito Wilderness Study Area as wilderness and to take certain land into trust for the Pueblo of Zia, under suspension of the rules clearing the measure for the President.

Puyallup Land Conveyance. On October 24, the Senate passed S. 1382, to require the Secretary of the Interior to accept the conveyance of certain land to be held in trust for the benefit of the Puyallup Indian tribe. It was referred to the House Resources Committee on October 25.

Energy and Water Development Appropriations Act, 2006. On October 26, the House disagreed to the Senate amendment and agreed to a conference on H.R. 2419, to make appropriations for energy and water development for the fiscal year ending September 30, 2006. The following were appointed as conferees: Representatives Hobson (R-OH), Frelinghuysen (R-NJ), Latham (R-IA), Wamp (R-TN), Emerson (R-MO), Messrs. Doolittle (R-CA), Simpson (R-ID), Rehberg (R-MT), Lewis (R-CA), Visclosky (D-IN), Edwards (D-TX), Pastor (D-AZ), Clyburn (D-SC), Berry (D-AR), and Obey (D-WI). The conference discussions broke off in October due to the House and Senate disagreements on making certain policy changes with respect to the Army Corp of Engineers current practice in reprogramming funding among authorized projects without first having to secure agreement from the congressional appropriations committees.

Committee Action

Mark-ups

Environmental Protection legislation. On July 20, the Senate Committee on Environment and Public Works ordered favorably reported S. 1409, to amend the Safe Drinking Water Act Amendments of 1996 to modify the grant program to improve sanitation in rural and Native villages in the State of Alaska.

Health Information Technology (IT). On July 27, the Senate Health, Education, Labor and Pension (HELP) Committee filed its report (S.Rept. No. 109-111) on S. 1418, sponsored by HELP Chairman Mike Enzi (R-WY), to enhance the adoption of a nationwide interoperable health information technology system and to improve the quality and reduce the costs of health care in the United States. The Indian Health Service (IHS) and tribal health providers are expressly included in the bill.

Alaska Native Shareholders. On July 28, the Senate Committee on Indian Affairs filed its report (S.Rept. No. 109-112) on 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.

U.S. Apology to Native People. On July 28, the Senate Committee on Indian Affairs filed its report (S.Rept. No. 109-113) with a preamble on S.J. Res. 15, 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.

SBA Tribal Assistance. On July 28, the House Committee on Small Business filed its report (H.Rept. 109-206) on H.R. 2981, 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.

Pascqua Yaqui Tribe of Arizona. On July 29, the Senate Committee on Indian Affairs filed its report (S.Rept. No. 109-116) on 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.

American Indian Education Fund. On July 29, the Senate Committee on Indian Affairs filed its report (S.Rept. No. 109-118) on 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.

Indian Gaming. On August 31, the Senate Committee on Indian Affairs filed its report on S.1295. This bill would amend the Indian Gaming Regulatory Act to provide for accountability and funding of the National Indian Gaming Commission. (S.Rept.109-122)

Child Care. On August 31, the Senate Committee on Health, Education, Labor, and Pensions (HELP) filed its report on S.525. This bill would amend the Child Care and Development Block Grant Act of 1990 to reauthorize the Act, to improve early learning opportunities and promote school preparedness. (S.Rept.109-130)

Head Start Reauthorization. On August 31, the Senate Committee on Health, Education, Labor, and Pensions (HELP) filed its report on S.1107, to reauthorize the Head Start Act. (S.Rept.109-131).

Workforce Investment. On September 7, the Senate Committee on Health, Education, Labor, and Pensions (HELP) filed its report on S.1021, to reauthorize the Workforce Investment Act of 1998, and for other purposes (S.Rept.109-134).

Veterans Housing Legislation. On September 8, the House Committee on Veterans’ Affairs Subcommittee on Economic Opportunity approved for full Committee action H.R. 3665, the Veterans Housing Improvement Act of 2005.

Violence Against Women Prevention. On September 12, the Senate Committee on the Judiciary reported S. 1197, a bill to reauthorize the Violence Against Women Act of 1994. The committee vote to approve this measure was held on September 8.

California Rancheria Lands into Trust. On September 12, the Senate Committee on Indian Affairs filed its report on S. 113. This is a bill to modify the date as of which certain tribal land of the Lytton Rancheria of California is deemed to be held in trust (S.Rept.109-136).

Emergency Preparedness. On September 22, the Senate Committee on Homeland Security and Governmental Affairs reported a number of bills out of Committee addressing emergency preparedness, including S. 1725. S. 1725 strengthens Federal leadership, provides grants, enhances outreach and guidance, and provides other support to State and local officials to enhance emergency communications and capabilities. In addition, the bill seeks to achieve communications interoperability, fosters improved regional collaboration and coordination, promotes more efficient utilization of funding devoted to public safety communications, and promotes research and development by both public and private sectors for first responder communications.

Indian Technical Corrections Act. On September 22, the House Committee on Resources reported several bills, including:

• H.R. 3824, the Threatened and Endangered Species Recovery Act of 2005 (TESRA), as amended;

• H.R. 2875, Public Lands Corps Healthy Forests Restoration Act of 2005, as amended; and

• H.R. 3351, Native American Technical Corrections Act of 2005, as amended. H.R. 3351 has 11 provisions including amendments to the Indian Financing Act, binding arbitration for the Gila River Indian Community, amendments to the Alaska Native Claims Settlement Act (ANCSA) voting standards, Indian tribal justice technical and legal assistance, Tribal justice systems, amendments to ANCSA, transportation reimbursement for the Mississippi Band of Choctaw, amendments to the Indian Pueblo Land Act, land conveyance for Prairie Island, authorization of 99-year leases, and amendments to the Indian Reorganization Act.

Montana Indian Water Rights—Referral Agreement. On September 28, the Senate Committee on Energy and Natural Resources discharged itself from further consideration of S. 1219, a bill to authorize certain tribes in the State of Montana to enter into a lease or other temporary conveyance of water rights to meet the water needs of the Dry Prairie Rural Water Association, Inc. The bill was then referred to the Committee on Indian Affairs, which now retains primary responsibility for moving legislation forward for the full Senate’s consideration.

DOI Agency Volunteer Act, Rural Water Supply Projects. On September 28, the Senate Energy and Natural Resources Committee voted to approve the following bills:

• H.R. 584, a bill to authorize the Secretary of the Interior to recruit volunteers to assist with, or facilitate, the activities of various agencies and offices of the Department of the Interior. Agencies affected by this legislation include BIA; and

• S. 895, a bill directing 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, with an amendment in the nature of a substitute. Tribes are included in this legislation as (1) a non-federal project entity eligible to participate in the program (including Indian tribes or tribal organizations), and (2) part of the definition of Rural Water Supply Projects. There is a 50% construction cost share requirement to project grantees, which may be waived for tribes by the Secretary of the Interior under certain conditions.

State, Local Emergency Communications. On September 29, the Senate Committee on Homeland Security and Government Affairs reported S. 1725, to strengthen Federal leadership, provide grants, enhance outreach and guidance, and provide other support to State and local officials to enhance emergency communications capabilities. The bill would also establish a demonstration project for International Border Community Interoperable Communications within the Department of Homeland Security, which would require at least six participating sites, with no less than three community sites selected from the northern U.S. border and three community sites from the southern U.S. border. The bill would require selected projects to address the interoperable communications needs of emergency responders and foster such communications among Federal, state, local and tribal government agencies along with similar agencies in Canada and Mexico.

U.S. Boxing Commission. On September 29, the Senate Committee on the Judiciary reported H.R. 1065, a bill to establish the United States Boxing Commission to protect the general welfare of boxers and to ensure fairness in the sport of professional boxing, with an amendment. The bill merely establishes the Commission and does not otherwise contain provisions specifically impacting Indian tribes or tribal boxing commissions.

Makah Treaty Rights. On October 19, the Committee on Resources ordered reported H. Con. Res. 267, expressing the sense of the Congress upholding the Makah Tribe treaty rights, as amended.

Improving Sanitation in Native Alaska Villages. On October 24, the Committee on Environment and Public Works reported S. 1409, a bill to amend the Safe Drinking Water Act Amendments of 1996 to modify the grant program to improve sanitation in rural and Native villages in the State of Alaska, with an amendment in the nature of a substitute. (Rept. No. 109-159)

Medicare, Medicaid, and Children’s Health Insurance Program (CHIP). On October 25, Senator Bingaman (D-NM) filed three amendments in the Senate Finance Committee that impact Indian health programs and services on the issues of Medicare, Medicaid, and the Children’s Health Insurance Program (CHIP). The first was for Children’s Health Outreach and Enrollment to provide $100 million over two years with 10% set-aside for I/T/U. The amendment was reduced to $25 million and accepted by the Committee. The second was a Medicaid Indian amendment to provide a 100% federal match for urban Indian programs, exempt Native Americans from premiums and cost-sharing, prohibit estate recovery for Native Americans by state Medicaid programs, and require states to consult with tribes when submitting Medicaid waivers. However, the amendment failed on a party-line vote of 9-11. All Democrats supported the amendment while all Republicans opposed it and argued the provisions should have been passed in the Committee on Indian Affairs through the Indian Health Care Improvement Act. The third amendment would have filled the Medicare prescription drug donut hole for Indian pharmacies and Native Americans paying premium and never reaching the catastrophic limit, but was ruled out of order because it impacted the prescription drug bill. Bingaman also expressed his concerns to the Committee over targeted case management cuts in the GOP package as cost shifting to IHS and tribal health programs.

Senators Frist (R-TN) and Bingaman (R-NM) also offered amendments to provide $25 million in grants to community-based groups to conduct outreach and enrollment efforts for children and pregnant women, including a 10% set-aside for tribes, Indian health organizations, and urban Indian organizations. Also included in the package were provisions with respect to the Family Opportunity Act (FOA) and Senator Bingaman’s Children’s Health Equity bill to bring New Mexico more funding for children’s health due to its Medicaid expansion to 185% of poverty prior to the enactment of SCHIP.

However, the Senate Finance Committee passed out a package to cut Medicare and Medicaid by $10 billion. Senator Bingaman opposed the final vote.

Senator Bingaman offered several other amendments in the Senate Finance Committee and will offer them again on the Senate floor. The first amendment addressed the Federal Medical Assistance Percentage (FMAP), the formula that governs the federal matching payment for Medicaid and SCHIP. In FY 2006, 29 states will see a drop in their FMPA. The amendment would hold all states harmless against any decrease of greater than .5% in FY 2006. The amendment failed on a party-line vote 9-11. The second amendment addressed Indian Health with a series of provisions to improve access to care for Native Americans under Medicaid, including: (1) extending the 100% FMAP to services provided by a non-IHS provider based on referral from IHS and to services provided at Urban Indian Health Programs; (2) prohibitions on premiums and cost-sharing for Native American and Alaska Native Medicaid beneficiaries; and (3) a mandate for the Secretary to consult with tribes before approving any Medicaid 1115 waiver. The amendment lost on a 9 to 11 vote. Senators Baucus (D-MT), Rockefeller (D-WV), Conrad (D-ND), Jeffords (I-VT), Bingaman (D-NM), Kerry (D-MA), Lincoln (D-AR), Wyden (D-OR), and Schumer (D-NY) voted in favor of both amendments. Senators Grassley (R-IA), Hatch (R-UT), Lott (R-MS), Frist (R-TN), Snowe (R-ME), Kyl (R-AZ), Thomas (R-WY), Santorum (R- PA), Smith (R-OR), Bunning (R-KY), and Crapo (R-ID) all voted against it.

Reconciliation. On October 26, the Committee on the Budget ordered favorably reported an original bill entitled “Deficit Reduction Omnibus Reconciliation Act of 2005”.

NAHASDA Amendments. On October 27, the Senate Committee on Indian Affairs reported H.R. 797, a bill to amend the Native American Housing Assistance and Self-Determination Act (NAHASDA) of 1996 and other Acts to improve housing programs for Indians, without amendment (Rept. No. 109-160).

Indian Health Care Improvement Act. On October 27, the Senate Committee on Indian Affairs ordered favorably reported S. 1057, to amend the Indian Health Care Improvement Act to revise and extend that Act, with an amendment in the nature of a substitute. Senator Tom Coburn (R-OK) offered two amendments that would have a negative impact on tribes’ ability to run their own health programs. The first would have striken Sec. 221, which would give tribes the same authority IHS has to hire health care professionals licensed in other states. This is the “license portability” issue and was very important to retain. The second sought to amend Sec. 121 to limit the kinds of services Dental Health Aide Therapists can provide to Alaska Native patients. The Committee had considerable debate over Coburn’s second amendment. The amendment to limit the kinds of services was defeated, but McCain developed a compromise and accepted the amendment to limit the program to Alaska only and allow Coburn to have input into a study of the Alaska program.

Navajo-Hopi Land Settlement Amendments. On October 27, the Senate Committee on Indian Affairs ordered favorably reported S. 1003, the Navajo-Hopi Land Settlement Amendments Act of 2005, a bill to amend the Act of December 22, 1974.

Public Law 107-153 Amendments. On October 27, the Senate Committee on Indian Affairs ordered favorably reported S. 1892, to amend Public Law 107-153 to modify a certain date.

Dry Prairie Rural Water Association. On October 27, the Senate Committee on Indian Affairs ordered favorably reported S. 1219, 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.

Bisti PRLA Dispute Resolution Act. On October 27, the Senate Committee on Indian Affairs delayed action on S. 692, a bill to provide for the conveyance of certain public land in northwestern New Mexico by resolving a dispute associated with coal preference right lease interests on the land, due to lack of information.

Hearings

Indian Health Care. On July 14, the Senate Indian Affairs and Health, Education, Labor, and Pensions (HELP) Committees held a joint hearing on S. 1057, to reauthorize the Indian Health Care Improvement Act. The joint hearing was an important step towards securing Senate approval of this massive legislation, and provided an opportunity to potentially minimized additional questions or delays in the bill’s movement as both the Senate HELP and Finance Committees have concurrent joint jurisdiction over portions of the bill’s respective federal health and entitlement provisions.

New York Indian Land Claims Settlements. On July 14, the House Committee on Resources held a hearing entitled “Status of Settling Recognized Tribes’ Land Claims in the State of New York.’’

Violence Against Women Act Reauthorization. On July 19, the Senate Committee on the Judiciary conducted a hearing to examine S. 1197, an act to reauthorize the Violence Against Women Act of 1994. The bill adds a new title devoted to tribal programs with Title IX – Safety for Indian Women. Although the bill does not recognize tribal authority over non-Indians, the new title will strengthen efforts to deal with violent crime in Indian Country. It also recognizes the unique relationship between tribes and the federal government. A new tribal division within the Office of Violence Against Women would also be established to ensure that tribes receive federal funds. Although the legislation includes an Indian related title, the hearing did not focus on the tribal provisions. The following witnesses appeared at the hearing:

Navajo-Hopi Land Settlement. On July 21, the Senate Committee on Indian Affairs conducted a hearing on S. 1003, the Navajo-Hopi Land Settlement Amendments of 2005. The hearing addressed the longstanding Navajo-Hopi land dispute in Arizona which dates back to the 1882 Executive Order which established the Hopi Reservation entirely within the boundaries of lands guaranteed under the 1868 Treaty between the Navajos and United States. Language in the 1882 Executive Order allowing “other Indians” to live on the Hopi Reservation led to a federal “Joint Use Area (JUA)” designation of 1.8 million acres for Navajos and Hopis to occupy. Following decades of litigation over the JUA, in 1974 Congress passed the Navajo-Hopi Land Settlement Act to partition the JUA, relocate affected Navajos and Hopis, and provide each Tribe restored lands. In the thirty years since the law’s enactment, an estimated 12,000 Navajos and hundreds of Hopis have been relocated at an estimated cost of more than $480 million. Sen. McCain’s bill, S. 1003, the Navajo-Hopi Land Settlement Amendments of 2005 would end the relocation program by September 2008 due to its costs.

Trust Reform. On July 26, the Senate Committee on Indian Affairs held a hearing on S. 1439, the Indian Trust Reform Act of 2005, to resolve the lawsuit of Cobell v. Norton and to provide for Indian trust asset management reform and resolution of historical accounting claims.

Indian Gaming. On July 27, the Senate Committee on Indian Affairs held a hearing regarding lands eligible for gaming pursuant to the Indian Gaming Regulatory Act (IGRA).

Native American Graves Protection and Repatriation. On July 28, the Senate Committee on Indian Affairs held a hearing to discuss the Native American Graves Protection and Repatriation Act (NAGPRA) specifically, the Ninth Circuit Court of Appeals decision in Bonnischen v. United States, 367 F.3d 864 (9th Circ. 2004), and the proposed amendment to the definition of “Native American” under NAGPRA. The purpose of the hearing was to review regulations being developed by the Department of Interior and its old position on NAGPRA after the Ninth Circuit decision in Bonnischen.

Class III Indian Gaming Oversight. On September 21, the Senate Committee on Indian Affairs held an oversight hearing to examine Indian gaming, focusing specifically on the Colorado River Indian Tribes (CRIT) v. National Indian Gaming Commission (NIGC) decision issued by the District Court for the District of Columbia on August 24. In CRIT, tribes challenged NIGC’s ability to issue and enforce the Minimum Internal Control Standards (MICS) for Class III gaming, claiming that the Indian Gaming Regulatory Act (IGRA) left that role to the tribes and states. The District Court agreed, rejecting the federal government’s argument that NIGC had authority over all aspects of Class III gaming and noted that Congress did not intend to give NIGC such authority. In addition, the court expressly stated that NIGC’s power to approve and review tribal gaming ordinances and management contracts for Class III facilities does not equal the power to police those facilities. Despite the ruling, Chairman McCain (R-AZ) supports strong NIGC oversight of the tribal gaming industry and regulation of Class III games.

Dual/Birthright Citizenship. On September 29, the House Committee on the Judiciary’s subcommittee on Immigration, Border Security, and Claims held an oversight hearing entitled “Dual Citizenship, Birthright Citizenship, and the Meaning of Sovereignty.” No tribal representatives testified at the hearing.

Federalism and Disaster Response. On October 19, the Committee on Homeland Security held a hearing entitled “Federalism and Disaster Response: Examining the Rules and Responsibilities of Local, State, and Federal Agencies.’’ Testimony was heard from public witnesses and the following Governors: Jeb Bush (Florida), Rick Perry (Texas), and Janet Napolitano (Arizona).

Tribal Leaders’ Meetings - Third Quarter

Indian Tax Provisions. On October 17, the National Congress of American Indians (NCAI) held a meeting to discuss strategies to extend two Indian tax provisions, the accelerated depreciation and wage and health care credit provisions, that Congress enacted in 1993 to create incentives for economic development in Indian country.

The accelerated depreciation provision was proposed by the Senate because tribes were not going to get their share of tax incentives under the enterprise zones created by the Clinton Administration. The provision allows businesses to accelerate depreciation rates on equipment and personal property connected with an economic development project in Indian country. The definition of “Indian reservation” under the provision is the same as the definition provided under section 3(d) of the Indian Financing Act or section 4(1) of the Indian Child Welfare Act. The deduction is available for property put into service on or after January 1, 1994 and before January 1, 2006 and is most attractive to businesses engaged in activities that rely heavily on large depreciable assets. However, there is some concern that the incentive does not necessarily benefit tribal members living on the reservation since Indian ownership of the business property is not required.

The Indian employment tax credit is provided to companies located in Indian country that employ tribal members, or spouses of an enrolled member of an Indian tribe, who perform substantially all of the services within a reservation. Specifically, those employers can get a credit against income tax liability for the first $20,000 of qualified wages and qualified employee health insurance costs paid or incurred by the employer for those employees. Originally, the employment credit was for a period of 10 years, but then it was re-enacted for 2 years and again for 1 year. This type of extension has made it difficult for employers to plan for future employment.

Both provisions were part of a coordinated approach to boosting economic development in Indian country, particularly with respect to areas or tribes not able to fuel such development, through private sector investment and economic activity. The provisions are very important for businesses to locate in Indian Country and also provide employment opportunities and tax incentives for Indian tribal members and their spouses. However, neither are available for gaming-related infrastructure or activities. Both provisions are set to expire on December 31, 2005 and Congress has been considering whether to extend the provisions at all. Other laws would have extended these provisions, but probably ignored the provisions because a one year extension of the wage tax credit provision would cost $68 million over ten years, while a one year extension of the accelerated depreciation provision would cost $173 million over ten years.

NCAI wants to ensure the provisions are extended and held meetings at its annual meeting in Tulsa, Oklahoma. They are currently looking for tribal partners who will help push the issue, which is expected to occur in the next two months. NIGA is also working to support an extension of the provisions.

FTA Tribal Transit Listening Session. On October 26, the Federal Transit Administration held a listening session for all interested tribal leaders and representatives to discuss new provisions related to tribal transit in the Transportation Act, also referred to as SAFETEA-LU. The new provisions make funding available specifically for tribal transit. FTA has stated that it is committed to fully consulting tribes as it implements the new program. Additional consultation sessions will be held, as it will be important for FTA from many different tribes.

Section 5311 under Title 49 of the United States Code specifically provides grants for ‘other than urbanized areas.’ Until now, tribes were only eligible under Section 5311 as sub-recipients of the state, where just 30 tribal projects received funding each year and only used 1-2% of the available funding apportioned to the states. SAFETEA-LU provisions make tribes eligible as direct recipients. The conference report on SAFETEA-LU also indicated that Congress did not intend the new tribal transit program to replace or reduce the amount that tribes have been receiving under Section 5311, so tribes will still be able to access funds apportioned to the states by applying to the state. Therefore, a tribe can either get money from the state or apply directly through FTA. Under the new program, Section 5311(c)(1) is a takedown of funding off the top of funds appropriated for Section 5311, before any funds go to the state. In addition, funding for tribes increases each year from $8m in FY 2006 to $15m in FY09. Tribal transit programs in urbanized areas will not qualify for the funding because it is solely for rural projects.

Despite the new programs, the statute did not provide a specific formula for allocating the grants, so FTA will work with tribes to develop an allocation process. FTA will consider whether to provide grants just to tribes interested in transit, based on request, based on number of requests, census data, etc. FTA has not yet determined whether it will actually issue formal regulations on the grant program. FTA is requesting tribal comments on how to approach the apportionment of the funds, how to define Indian tribes for purposes of eligibility under the program, how to conduct tribal consultation, whether tribes can waive any FTA grant conditions, whether tribes will continue to be eligible to receive funding from funds apportioned to states in addition to direct FTA funds, how to handle technical capacity, and what type of technical assistance will be required. FTA will issue a federal register notice in the next few weeks outlining its interpretation of the changes that occurred to FTA programs in SAFETEA-LU. Much of the content of the notice will be very general, but will include a request for comments. FTA will also hold additional discussions in the near future.

Indian Legislation Introduced - Third Quarter

House Bills

• H.R. 3314 (Stupak, D-MI). Lac Vieux Desert Band of Lake Superior Chippewa Indians Land Transfer., to direct the Secretary of Agriculture to transfer certain land within the Ottawa National Forest to the Lac Vieux Desert Band of Lake Superior Chippewa Indians; referred to the House Agriculture Committee on July 14.

• H.R. 3349 (Moran, D-VA). Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2005, to extend Federal recognition to the Chickahominy Indian Tribe, the Chickahominy Indian Tribe—Eastern Division, the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian Nation, and the Nansemond Indian Tribe; referred to the House Resources Committee on July 19.

• H.R. 3350 (Pombo, R-CA). Tribal Development Corporation Feasibility Study Act of 2005, to amend the Native American Business Development, Trade Promotion, and Tourism Act of 2000 to establish the Tribal Development Corporation Feasibility Study Group; referred to the House Resources Committee on July 19.

• H.R. 3351 (Pombo, R-CA). Native American Technical Corrections Act, to make technical corrections to: Indian Financing Act amendments; Gila River Indian Community binding arbitration; Alaska Native Claims Settlement Act voting standards amendment; Indian tribal justice technical and legal assistance; Tribal justice systems; ANCSA amendment; Mississippi Band of Choctaw transportation reimbursement; Indian Pueblo Land Act Amendments; Land Leasing amendments; referred to the House Resources, House Transportation and Infrastructure Committees on July 19.

• H.R. 3431 (Dent, R-PA). Tribal Casino Land Acquisition Limitations, to amend the Indian Gaming Regulatory Act to limit casino expansion; referred to the House Resources Committee on July 26.

• H.R. 3475 (Honda, D-CA). Amah Mutsun of Mission San Juan Bautista Federal Recognition, to require the prompt review by the secretary of the Interior for federal recognition of the Amah Mutsun of Mission San Juan Bautista as an Indian tribe; referred to the House Resources Committee on July 27.

• H.R. 3507 (Issa, R-CA). Pechanga Band of Luiseno Mission Indians Land Transfer Act of 2005, to transfer certain land in Riverside County, California, and San Diego County, California, from the Bureau of Land Management to the United States to be held in trust for the Pechanga Band of Luiseno Mission Indians; referred to the House Resources Committee on July 28.

• H.R. 3526 (Bonner, R-AL). Mowa Band of Choctaw Federal Recognition Act., to extend federal recognition to the Mowa Band of Choctaw Indians of Alabama; referred to the House Resources Committee on July 28.

• H.R. 3558 (Herseth, D-SD). Cheyenne River Sioux Tribe Equitable Compensation Act, to amend the Cheyenne River Sioux Tribe Equitable Compensation Act to provide compensation to members of the Cheyenne River Sioux Tribe for damage resulting from the Oahe Dam and Reservoir Project; referred to the House Resources Committee on August 8.

• H.R. 3665 (Boozman, R-AR). Veterans Housing Improvement Act of 2005, to amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide adaptive housing assistance to disabled veterans residing temporarily in housing owned by a family member and to make direct housing loans to Native American veterans, and for other purposes; referred to the Committee on Veterans’ Affairs on September 7.

• H.R. 3824 (Pombo, R-CA). Threatened and Endangered Species Recovery Act of 2005, to amend and reauthorize the Endangered Species Act of 1973 to provide greater results conserving and recovering listed species, and for other purposes; referred to the House Resources Committee on September 19.

• H.R. 4171 (Taylor, R-NC). Federal Recognition of the Lumbee Indians, to provide for the consideration of a petition for Federal Recognition of the Lumbee Indians of Robeson and adjoining counties, and for other purposes; referred to the Committee on Resources on October 27.

• H.Con.Res. 241 (Wilson, R-NM). Pueblo Leader Statute Installation, providing for acceptance of a statue of Po’Pay, presented by the State of New Mexico, for placement in National Statuary Hall, and for other purposes; referred to the Committee on House Administration on September 13.

• H. Con. Res. 267 (Pombo, R-CA). Makah Tribe Treaty Rights, expressing the sense of the Congress upholding the Makah Tribe treaty rights; referred to the Committee on Resources on October 17.

Senate Bills

• S. 1374 (McCain, R-AZ). Tribal Border Preparedness Pilot Program, to amend the Homeland Security Act of 2002 to provide for a border preparedness pilot program on Indian land; no original Committee referral; placed on Senate Calendar on July 12.

• S. 1375 (McCain, R-AZ). Indian Arts and Crafts Amendments Act of 2005, to amend the Indian Arts and Crafts Act of 1990 to modify provisions relating to criminal proceedings and civil actions, and for other purposes; no original Committee referral; placed on Senate Calendar on July 11.

• S. 1382 (Cantwell, D-WA). Puyallup Indian Tribe Land Claims Settlement, to require the Secretary of the Interior to accept the conveyance of certain land, to be held in trust for the benefit of the Puyallup Indian tribe; no Committee referral; placed on Senate Calendar on July 13.

• S. 1409 (Murkowski, R-AK). Native Village and Rural Alaska Sanitation Improvement Grants, to amend the Safe Drinking Water Act Amendments of 1996 to modify the grant program to improve sanitation in rural and Native villages in the state of Alaska; referred to the Senate Environment and Public Works Committee on July 20.

• S. 1439 (McCain, R-AZ). Indian Trust Reform Act of 2005, to provide for Indian trust asset management reform and resolution of historical accounting claims; referred to the Senate Indian Affairs Committee; hearing conducted on July 26.

• S. 1480 (McCain, R-AZ). Certification of Indian Rental Proceeds Act of 2005, to establish the treatment of actual rental proceeds from leases of land acquired under an act providing for loans to Indian tribes and tribal corporations; no original Committee referral; read twice on July 26 and passed in Senate.

• S. 1481 (McCain, R-AZ). Indian Land Probate Reform Technical Corrections Act of 2005, to amend the Indian Land Consolidation Act to provide for probate reform; no original Committee referral; placed on Senate Calendar on July 27.

• S. 1482 (McCain, R-AZ). Gila River Indian Community Reservation Contracts Act of 2005, to amend the act of August 9, 1955, to provide for binding arbitration for Gila River Indian Community Reservation Contracts; no original Committee referral; read twice on July 26 and passed Senate.

• S. 1483 (McCain, R-AZ). Definition of Indian Student Count Act of 2005, to amend the Carl D. Perkins Vocational and Technical Education Act of 1998 to modify the definition of “Indian student count.”; no original Committee referral; read twice and passed Senate on July 26.

• S. 1484 (Reid, D-NV). Amend Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990, to amend the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990; no original Committee referral; read twice and passed Senate on July 26.

• S. 1485 (Cantwell, D-WA). 1955 Tribal Land Lease Amendments, to amend the act of August 9, 1955, to extend the authorization of certain leases; no original Committee referral; read twice and passed Senate on July 26.

• S. 1501 (Burns, R-MT). Crow Tribe Land Restoration Act, to develop a program to acquire interests in land from eligible individuals within the Crow Reservation in the state of Montana; referred to the Senate Indian Affairs Committee on July 26.

• S. 1505 (Coburn, R-OK). Shawnee Tribe Status Act Amendments Act of 2005, to amend the Shawnee Tribe Status Act of 2000; referred to the Senate Indian Affairs Committee on July 27.

• S. 1518 (Voinovich, R-OH). Indian Gaming Regulatory Act (IGRA) Amendments and Class III Gaming Requirements, to amend the Indian Gaming Regulatory Act to modify a provision relating to the locations in which class III gaming is lawful; referred to the Senate Indian Affairs Committee on July 27.

• S. 1535 (Johnson, D-SD). Cheyenne River Sioux Tribe Equitable Compensation Act Amendments, to amend the Cheyenne River Sioux Tribe Equitable Compensation Act to provide compensation to members of the Cheyenne River Sioux Tribe for damage resulting from the Oahe Dam and Reservoir Project; referred to the Senate Indian Affairs Committee on July 28.

• S. 1572 (Johnson, D-SD). Medicaid for American Indians and States Act of 2005, to amend title XIX of the Social Security Act to clarify the application of the 100 percent Federal medical assistance percentage under the Medicaid program for services provided by the Indian Health Service or an Indian tribe or tribal organization directly or through referral, contract, or other arrangement; referred to the Senate Committee on Finance on July 29.

• S. 1722 (Murkowski, R-AK). Advancing FASD Research, Prevention, and Services Act, to amend the Public Health Service Act to reauthorize and extend the Fetal Alcohol Syndrome prevention and services program; including federal agency coordination in research, state grants for improved health networks, and community partnership grants (and tribal eligibility) to promote collaboration for integrated services to assist individuals with Fetal Alcohol Spectrum Disorders, e.g. surveillance, prevention, treatment, and provision of support services; referred to the Committee on Health, Education, Labor, and Pensions on September 19.

• S. 1728 (Inhofe, R-OK). Indian Employment Tax Credit, to amend the Internal Revenue Code of 1986 to permanently extend the Indian employment credit and the depreciation rules for property used predominantly within an Indian reservation; referred to the Committee on Finance on September 20.

• S. 1758 (McCain, R-AZ). Indian Financing Act Amendments, to amend the Indian Financing Act of 1974, to provide for sale and assignment of loans and underlying security, and for other purposes; not yet referred to Committee but considered and passed.

• S. 1773 (Domenici, R-NM). Pueblo de San Ildefonso Claims Settlement Act of 2005, to resolve certain Native American claims in New Mexico, and for other purposes; referred to the Senate Indian Affairs Committee on September 26.

• S. 1892 (McCain, R-AZ). A bill to amend Public Law 107-153 to modify a certain date; referred to the Committee on Indian Affairs on October 19.

• S. 1899 (McCain, R-AZ). Indian Child Protection and Family Violence Prevention Act Amendments of 2005, to amend the Indian Child Protection and Family Violence Prevention Act to identify and remove barriers to reducing child abuse, to provide for examinations of certain children, and for other purposes; referred to the Committee on Indian Affairs on October 20.

• S. 1907 (Johnson, D-SD). Native American Small Business Development Act of 2005, to promote the development of Native American small business concerns, and for other purposes; referred to the Committee on Small Business and Entrepreneurship on October 21.

Executive Branch

Child Safety Act. On September 14, the Office of Management and Budget (OMB) issued the Statement of Administration Policy (SAP) on H.R. 3132, the Children’s Safety Act of 2005, supporting the bill’s passage. The bill encompasses many important reforms to strengthen the capacity of Federal, State, tribal, and local justice systems to protect children from all forms of abuse and violence, and to protect all members of the public from sexually violent criminals.

School Readiness Act of 2005. On September 22, OMB issued the Statement of Administration Position on H.R. 2123, the School Readiness Act of 2005 supporting its passage. The bill would reauthorize the Head Start program, which includes the head start programs that operate on Indian lands nationwide.

Threatened and Endangered Species Recovery Act of 2005. On September 29, OMB issued the following Statement of Administration Policy on H.R. 3824, the Threatened and Endangered Species Recovery Act of 2005 which noted the Administration’s support of the provisions to “increase consultation and coordination with States, Tribes, and local governments.”

DOJ Proposes Amending the Johnson Act to Address Class II Gaming. On October 4, 2005, the United States Department of Justice (“DOJ”) released language that would amend the Johnson Act as it relates to Class II gaming. The proposal, titled the “Gambling Devices Act Amendments of 2005,” would greatly restrict the existing scope of Class II gaming. If successful, many of the games that are currently in operation as class II games would no longer qualify as such under the Indian Gaming Regulatory Act. This includes most – if not all – of the games that have already been classified by the National Indian Gaming Commission (“NIGC”) as class II games. As a result, many of the games that are now being played as class II games would require a Tribal-State Compact before they could be offered for play in Indian country.

Both the National Indian Gaming Association and the National Congress of American Indians are working on ensuring that DOJ properly consults with Indian Tribes before moving forward with this proposal. The most recent discussion with Tribal leaders and DOJ occurred during NCAI’s annual meeting in Tulsa, Oklahoma on November 1, with additional meetings expected to occur over the next few months.

Supreme Court

Judge John Roberts Confirmed as Chief Justice. President Bush elevated Judge John Roberts’ Supreme Court nomination to Chief Justice after the death of Chief Justice Rehnquist on September 3. Bush initially nominated Roberts to fill the vacancy left by Justice O’Connor’s resignation at the beginning of the summer. Confirmation hearings on Roberts began on September 12, with opening statements by Committee members and Roberts, and lasted through September 15. On September 22, the Senate Judiciary Committee confirmed Roberts in a 13-5 vote. Just one week later, the Senate overwhelmingly confirmed Judge John Roberts as Chief Justice of the Supreme Court by a vote of 78-22. Roberts, 50, became the seventeenth Chief Justice after officially taking oath of office at the White House on Thursday evening and is the youngest Chief Justice since John Marshall took office in 1801 at age 46. Roberts assumed the chief position when the Court returned to session on Monday, October 3. Roberts’ first term will also include broad controversial issues, including assisted suicide, restrictions on abortion, campaign finance and the powers of the U.S. government in virtually every field of regulation on the books.

Roberts will undoubtedly play a critical role in Indian policy over the next twenty plus years and it is yet to be determined how he will decide key issues. Roberts recently represented both sides of Indian issues before the Supreme Court and Indians lost both times. In Alaska v. Native Village of Venetie Tribal Government, 522 U.S. 520 (1998), the Court considered what constitutes “Indian Country” after an Alaskan native village attempted to levy a business tax against a state contractor hired to construct a school on village property and that state opposed the tax. Roberts represented the State, arguing that Congress alone can recognize an area as “Indian Country” and that Congress made no such recognition in awarding the land to the village in the Alaska Native Claims Settlement Act (ANCSA) of 1971. The Supreme Court agreed and held that the village had no authority to impose the tax, impacting all tribes by establishing the definition of “Indian Country.” A second case, Rice v. Cayetano, 528 U.S. 495 (2000), involved whether Hawaii’s statute providing that only Native Hawaiians could vote for trustees who had administered certain trusts established to benefit Native Hawaiians constituted racial discrimination in violation of the Fourteenth and Fifteenth Amendments. Roberts represented the State and argued that the classification was based on trust beneficiary status rather than race and that the classification was permissible because Congress had recognized the political status of Native Hawaiians as indigenous people. The Court disagreed and struck down the statute.

04-631, Richards, Secretary, Kansas Dep’t of Revenue v. Prairie Band Potawatomi Nation, 379 F.3d 979 (10th Cir. 2004); Certiorari Granted February 28, 2005. On October 3, its first day of the new term, the Supreme Court heard oral arguments in Richards (formerly Wagnon) v. Prairie Band Potawatomi Nation, a reservation tax case from Kansas. In Potawatomi, Kansas tried to levy a motor fuel tax on a non-Indian distributor to a tribally owned gas station. The 10^th Circuit invalidated the tax and the state appealed to the Supreme Court. The Supreme Court is considering the following questions:

1) When a State taxes the receipt of fuel by non-tribal distributors, manufacturers and importers, and such receipt occurs off-reservation, does the interest-balancing test in White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), apply because the fuel is later sold by a Tribe to final consumers?

2) Should the Court abandon the White Mountain Apache interest-balancing test in favor of a preemption analysis based on the principle that Indian immunities are dependent upon congressional intent?

3) Did the court of appeals err in applying the White Mountain Apache interest balancing test by, inter alia, placing dispositive weight on the fact that a tribally-owned gas station derives income from largely non-tribal patrons of the Tribe’s nearby casino?

Cert Denied in Sacred Sites Case. On October 3, the Supreme Court denied cert in Wyoming Sawmills, Inc. v. United States Forest Service, No. 04-1175, from the 10^th Circuit. Wyoming involved a challenge to the U.S. Forest Service’s protection of a sacred site in Wyoming, specifically to restrict, but not to bar, development within 23,000 acres of the Bighorn National Forest, which includes Medicine Mountain. The mountain is the largest medicine wheel in the U.S. and is still used for ceremonies by several tribes. The 10^th Circuit Court held that the corporation lacked standing to sue under the constitution or environmental law, so the company tried to appeal to the Supreme Court, under a claim that the U.S. Forest Service can not make decisions that advance or restrict any particular religion.

Bush Nominates Harriet Miers, Miers Withdraws and Appoints Judge Alito. On October 27, Harriet Miers withdrew her nomination to replace Justice Sandra Day O’Connor on the Supreme Court. Miers cited the increasing pressure to allow Senators access to confidential White House deliberations and the lack of GOP support as part of her decision. President Bush had nominated Miers, White House Counsel, on October 3. Miers has extensive legal experience but no judicial experience and her positions on many important issues were unknown because she has no legal track record or writings. On October 31 President Bush nominated Samuel A. Alito, Jr., 55, a former Reagan administration official who served as assistant solicitor general from 1981-85, during which time he argued 12 cases before the Supreme Court. From 1985-87. Alito served as a deputy assistant U.S. attorney general, and then from 1987-89 was U.S. attorney for the District of New Jersey. In 1990, former President George H.W. Bush nominated him to the 3rd U.S. Circuit Court of Appeals, and he was unanimously confirmed by a voice vote of the Senate, according to the White House.

Public Laws Signed Into Law - Third Quarter

Public Law 109-18, Patient Navigator Outreach and Chronic Disease Prevention Act of 2005, (H.R.1812). An Act making the Indian Health Service (IHS) and tribal health programs eligible recipients under a five year grant program to help low-income patients find and access all health care resources available to them. Signed on June 29, 2005.

Public Law 109-45, Sand Creek Massacre National Historic Site Trust Act of 2005, (H.R. 481). An act to convey approximately 1,465 acres of land to the Interior Department by the Cheyenne and Arapaho Tribes of Oklahoma, which would be held in trust for the tribes, and allow the Park Service to formally establish the Sand Creek Massacre National Historic Site. Signed on August 2, 2005.

Public Law 109-47, Colorado River Indian Reservation Boundary Correction Act, (H.R. 794). An act redrawing the reservation boundary by including an additional 15,375 acres known as the La Paz lands. Signed on August 2, 2005.

Public Law 109-49, Expressing the sense of Congress with respect to the women suffragists who fought for and won the right of women to vote in the United States. (H.J.Res 59). Signed on August 2, 2005.

Public Law 109-54, Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006, (H.R.2361). Signed on August 2, 2005.

Public Law 109-55, Legislative Branch Appropriations Act, 2006, (H.R.2985). Signed on August 2, 2005.

Public Law 109-61, Making emergency supplemental appropriations to meet immediate needs arising from the consequences of Hurricane Katrina, for the fiscal year ending September 30, 2005, and for other purposes, (H.R. 3654). Signed on September 2, 2005.

Public Law 109-62, Making further emergency supplemental appropriations to meet immediate needs arising from the consequences of Hurricane Katrina, for the fiscal year ending September 30, 2005, and for other purposes, (H.R. 3673). Signed on September 8, 2005.

Public Law 109-63, To allow United States courts to conduct business during emergency conditions, and for other purposes, (H.R. 3650). Signed on September 9, 2005.

Public Law 109-90, Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2006, (H.R. 2360). Signed on October 18, 2005.

Public Law 109-94, To designate the Ojito Wilderness Study Area as wilderness, to take certain land into trust for the Pueblo of Zia, (S. 156). Signed on October 26, 2005.

Other

Indian Gaming Handbook, 6^th Edition (2005). The newly revised 6^th Edition of the Indian Gaming Handbook, edited by Jerome Levine, Esq. and published by Holland & Knight, LLP, is now available! The Handbook contains four volumes. Volume I addresses the Indian Gaming Regulatory Act (IGRA) and related federal laws regarding gambling, tribes and Indian lands (including the Johnson Act, civil and criminal statutes, executive orders and policies, Bank Secrecy Act, casino and gaming tax information, and IGRA legislative materials); Volume II contains National Indian Gaming Commission (NIGC) regulations and bulletins (including IGRA definitions, game classification regulations, Minimum Internal Control Standards (MICS), management contract submissions and approvals, and background investigations); Volume III includes NIGC Class II and Class III game classification advisory opinions; and Volume IV provides an overview of Department of Interior regulations and materials related to gaming and Tribes (including tribal land restrictions, contract approvals, land-into-trust, tribal revenue allocation plans, Indian land determinations (including NIGC Indian land determinations), tribal-state compact processes and federally recognized tribes).

To order, contact HOLLAND & KNIGHT LLP, 633 West 5^th Street, Suite 2100, Los Angeles, California 90071. Tel: (213) 896-2400, Fax: (213) 896-2450. Or visit online at www.indianlaw.com or www.hklaw.com.

Upcoming Events

November 1, 2005 – Department of Justice Consultation with Tribes regarding its proposed amendments to the Johnson Act to address Class II Gaming. In conjunction with the NCAI Annual Conference in Tulsa, OK.

November 1-3, 2005 – National Tribal Transportation Conference, Chaparral Suites Resorts, Scottsdale, AZ.

November 9-10, 2005 - Council of Energy Resource Tribes (CERT) Sustainable Energy Solutions, Denver Marriott City Center, Denver, Colorado. http://www.certredearth.com.

November 10-11, 2005 - Natural Resources Development in Indian Country, Rocky Mountain Mineral Law Foundation, Albuquerque Marriott, Albuquerque, NM. http://www.rmmlf.org/confrnce/IL3news.pdf

November 14-15, 2005 – NIGA Mid-Year Membership Meeting, Seminole Hard Rock Hotel, Hollywood, FL. http://www.indiangaming.org/events/midyear/index.shtml

November 14, 2005 – Department of Justice Consultation with Tribes regarding its proposed amendments to the Johnson Act to address Class II Gaming. In conjunction with the NIGA Mid-Year Meeting in Hollywood, FL.

December 6-8, 2005 - National American Indian Housing Council (NAIHC) Legal Symposim 2005, A Forum for Legal, Financial, and Regulatory Issues in Indian Housing, Treasure Island Hotel & Casino, Las Vegas, NV. http://naihc.net/Conferences/index.asp

February 6-9, 2005 - United South and Eastern Tribes (USET) Impact Week, Crystal Gateway Marriott, Arlington, VA. http://www.usetinc.org/calendar.cfm?ID=9

February 13-16, 2006 - American Indian Higher Education Consortium (AIHEC) Winter Meeting, Washington, D.C. http://www.aichec.org.

Feb. 28-March 2, 2006 - National Congress of American Indians (NCAI) Executive Council Winter Session, Washington, D.C. http://198.104.130.237/ncai/index.jsp?pg=8

Feb. 28-March 6, 2006 - National American Indian Housing Council (NAIHC) Legislative Conference, Hilton Crystal City, Arlington, Virginia. http://naihc.net/conferences/index.asp.

April 6-7, 2006 - 31^st Annual Indian Law Conference, Albuquerque Marriott Hotel, Albuquerque, NM. www.fedbar.org/calendar.html.

May 22-24, 2006 - National American Indian Housing Council (NAIHC) 32^nd Anniversary Convention and Trade Show, Honolulu, HI. http://naihc.net/conferences/index.asp.

INDIAN LAW PRACTICE GROUP

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