Capitol Hill – Overview of 2005
 
January 23, 2006
 

In 2005, the 109th Congress began its first session with a period of Hill and Executive Reorganization. The Republicans hold 55 of the 100 seats in the Senate and were assured of at least 232 of the 435 House seats, three more than it held in the 108th Congress. The shift in power in the Senate meant that the Democrats lost one seat on each Senate Committee. Republicans continue to chair the committees but there are some major changes due to GOP-imposed term limits. Also early in 2005, the Senate confirmed many nominations to fill President Bush’s cabinet. In February, Dave Anderson (Lac Courte Oreilles Lake Superior Band of Ojibwa), Assistant Secretary of Indian Affairs, officially resigned after one year on the job. Jim Cason, the Associate Deputy Secretary and a key official in the trust reform saga, is serving as Acting Assistant Secretary until a nominee is confirmed. In addition, House and Senate Appropriators restructured their respective Subcommittees to streamline and expedite the consideration of annual appropriations bills.

In the second quarter, Congress adopted a $2.6 trillion FY 06 budget resolution and budget negotiators agreed to a $40.5 billion target for reducing mandatory spending over five years. For the first time since 1997, the budget allows procedural protections for reductions in spending on politically sensitive entitlement programs, the first step in any serious deficit-reduction effort. In the third quarter, Congress faced two Supreme Court vacancies, massive hurricane relief expenses, appropriation woes, Rep. DeLay’s indictment, and budget cuts. Congress did, however, complete work on two major pieces of legislation, the national energy and transportation bills, and avoided a government shutdown by passing a continuing resolution hours before the start of Fiscal Year 2006. To close out the first session, both chambers considered the five-year deficit reduction bill, all FY06 spending bills were completed, and reached agreement on a five-week extension in which to complete reauthorization of the USA Patriot Act.

This Report points out some of the major actions of the first session of the 109^th Congress, and related events.

Legislative Branch

FY 2006 Appropriations

For FY2006, 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, while the House has ten (10) appropriations subcommittees. Many of the subcommittees were not affected by the reorganization. Also impacting FY06 appropriations was Hurricane Katrina, which resulted in over $62 billion in emergency appropriations, increasing the federal deficit. Congress passed all FY 06 spending bills without an omnibus bill, but did so under two separate Continuing Resolutions (CRs) for those not enacted before the start of FY06 on October 1. The following provides some highlights of FY06 appropriations bills.

Interior-EPA. The FY06 Interior-EPA appropriations act (Pub.L. 109-54) provides $26.2 billion, an $823.1 million cut from the FY05 enacted amount, but a $434.8 million increase over the President’s request, including:

• $3.1 billion for Indian Health Service (an increase of $118 million over FY 05).

• $2 billion for the operation of Indian programs (an increase of $67 million).

• $654 million for education ($19 million increase).

• $600 million for facilities and construction ($107 million above the request but a decrease from the FY 05 level by $53 million).

The Act also includes language that:

• 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.

• Extends limitations related to 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.

• Limits contract support costs.

Includes a 0.476 percent across-the-board budget cut or rescission on discretionary spending, including for Indian programs. The following chart provides a general overview of some of the Indian programs funded by the bill.

Other Appropriations. The FY06 Homeland Security appropriations allocates $30.8 billion for FY06. No earmarks were made in the Homeland Security bill and funding was not increased for First Responder grant programs because state and local communities failed to spend $6.8 billion from previous years. The $29.75 billion FY06 Energy & Water appropriations act incorporated earmarked water projects and their funding levels instead of listing the project and recommended funding in an accompanying report.

In accompanying report language, the Commerce, Science, Justice (CJS) FY06 appropriations act provides funding for methamphetamine prevention education programs in elementary and secondary schools, which will benefit Indian country as well. Meanwhile, efforts to include a controversial rider on the Transportation, Treasury, HUD appropriations bill and report language concerning the distribution of funds based on a “single race” formula instead of the current “multi-race” formula under the Native American Housing and Self Determination Act (NAHASDA) were attempted in 2005, with inconclusive results.

Major Bills Passed in 2005

Energy Policy Act of 2005. After more than four years of work, Congress finally passed the Energy Policy Act of 2005, P.L. 109-58, in July which the President signed into law in early August. The Act includes $11 billion in energy tax incentives as well as Indian energy provisions under Title V. The key provisions in Title V include the following:

• Establishes a comprehensive Indian energy program in the Department of Energy.

• Authorizes a broad variety of resources for Tribes and tribal organizations to access for energy development purposes.

• Establishes a “TERA” framework to permit Indian Tribes to assume primary authority for approvals of leases, rights-of-way, and other business agreements relating to energy development.

For Tribes who elect to secure such authority, the law requires the Tribe to meet a specific set of criteria to enter into Tribal Energy Resource Agreements (TERA) with the Secretary of the Interior. The TERA is intended to 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. At the end of the year, the Department of the Interior sent out notices to Tribes setting forth a process for consultation and implementation of the TERA provisions.

Another key provision affecting Tribes is Section 1813, which requires the Department of Interior and Department of Energy to conduct a study concerning energy rights-of-way on tribal land and report the findings to Congress by August 7, 2006. Both Departments issued a notice in the Federal Register seeking public comments how to carry out the implementation of the one year study. This provision stems he New Mexico Oil & Gas Association and other energy companies’ request to include a provision in Energy Policy Act to allow the Secretary of Interior to approve energy right-of-way on tribal lands without tribal consent. Tribal leaders nationwide opposed this provision which was ultimately rejected. But, industry was successful securing Section 1813, and are expected to be extremely active in the process. The deadline for comments on how the Department propose to carry out the study are due on or before January 20, 2006.

Transportation Reauthorization: SAFETEA-LU. 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 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’05.

• $330 million in FY’06.

• $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 Secretary to use IRR funds for program management and oversight and project-related administrative expenses. Also included is 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 measure also 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 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.

Indian Gaming

In response to the constituent concerns and the mounting Abramoff lobbying scandal, some Members of Congress increasingly viewed Indian gaming activity has come under increasing congressional and federal agency attention. The following is a list of Indian gaming related bills introduced in 2005:

• S. 1260/H.R. 2353 – Common Sense Indian Gambling Reform Act of 2005 - by Senator Voinovich (R-OH), and Rep. Rogers (R-MI), to “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.” These bills make 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.

• S. 1295 - National Indian Gaming Commission Accountability Act of 2005 - by Senator McCain (R-AZ), to raise the $8 million cap on tribal fees to fund the National Indian Gaming Commission. The bill 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 - by Senator Voinovich (R-OH), to amend IGRA 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 - by Congressman Dent (R-PA), to amend IGRA 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 is 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.

Committee Action

Congressional Committee Changes

Senate Committee on Indian Affairs. The change in Senate leadership in the 109^th Congress affected the Committee on Indian Affairs, which now has eight Republican members and six Democratic members. Senator John McCain (R-AZ) currently serves as the Chairman of the Committee of Indian Affairs but is only expected to serve through the end of 2006 due to term limits. Senator Byron Dorgan (D-ND) assumed the Vice Chairmanship position from Senator Daniel Inouye (D-HI). Inouye continues to serve on the Committee as a member. New members include Senator Richard Burr (R-NC) and Senator Tom Coburn (R-OK). In 2006, the Committee is expected to continue focusing on off-reservation gaming, lobbyist hearings, trust reform and settlement, as well as changes to Education and Welfare Reform.

House Resources Committee. On the House Resources Committee, Representative Richard Pombo (R-CA) re-assumed the Chairmanship. The Committee has jurisdiction over many Indian-specific proposals. New members include Representatives Henry Brown (R-SC), Thelma Drake (R-VA), Luis Fortuno (R-PR), Cathy McMorris (R-WA), Bobby Jindal (R-LA) and Louie Gohmert (R-TX).

Hearings

The following is a listing of hearings held this year which affect Indian Affairs:

• Budget Oversight Hearing. February 16, the Senate Committee on Indian Affairs held a Budget Oversight Hearing to focus on the Bush Administration’s proposed cuts to tribal housing, education, health care and other programs.

• Trust Reform Hearing. February 16, the House Resources Committee held a hearing on trust reform.

• Native Hawaiian Government Reorganization Hearing. On March 1, the Senate Committee on Indian Affairs held a hearing to consider S. 147, a bill to recognize a Native Hawaiian governing entity.

• FY 2006 DOI Budget Proposal Hearings. On March 2, the House Appropriations Subcommittee on Interior, Environment, and Related Agencies held a hearing on the FY’06 Department of Interior budget.

• Trust Reform. On March 9, the Senate Committee on Indian Affairs held a hearing on Trust Reform, in which Chairman McCain said that the Committee would make a single attempt to resolve the issue because of other concerns in Indian country that require immediate attention.

• Off-Reservation Gaming. On March 17, the House Resources Committee held a full committee oversight hearing discuss the Committee’s first draft bill amending the Indian Gaming Regulatory Act (IGRA) to revise the process for acquiring land into trust for gaming purposes.

• FY’06 Bureau of Indian Affairs Appropriation Hearing. On March 17, the House Appropriations Subcommittee on Interior held a hearing on the FY’06 Bureau of Indian Affairs (BIA) Budget Request.

• S. 113, Lytton Rancheria. On April 6, the Senate Committee on Indian Affairs held a hearing on S. 113, a bill to modify the date as of which certain tribal land of the Lytton Rancheria of California is deemed to be held in trust.

• Indian Health. On April 13, the Senate Committee on Indian Affairs held an oversight hearing on Indian Health.

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

• Regulation of Indian Gaming. On April 27, the Senate Committee on Indian Affairs held an oversight hearing on the regulation of Indian gaming.

• Off-Reservation Gaming. On April 27, the House Committee on Resources held a hearing regarding tribal proposals to acquire land-in-trust for gaming across state lines and how such proposals are affected by Chairman Pombo’s proposed legislation addressing off-reservation by Indian tribes.

• Rural Water Resources . On May 11, the Senate Committee on Energy and Natural Resources held a hearing to examine S. 895, to direct the Secretary of the Interior to establish a rural water supply program in the Reclamation States to provide a clean, safe, affordable, and reliable water supply to rural residents, including for Indian reservations.

• Federal Recognition. On May 11, the Senate Committee on Indian Affairs held an oversight hearing on the federal recognition process.

• Fee to Trust Hearing. On May 18, the Senate Committee on Indian Affairs held an oversight hearing on taking lands into trust.

• Native American Apology. On May 25, the Committee on Indian Affairs held a hearing on S.J.Res. 15, a Native American Apology Resolution.

• Off-Reservation Gaming. On June 6, the House Resources Committee held a field hearing in Sacramento, CA to discuss off-reservation gaming.

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

• Indian Youth/Teen Suicide Prevention. On June 15, the Senate Committee on Indian Affairs concluded an oversight hearing to examine youth suicide prevention among Native Americans.

• Indian Education. On June 16, the Senate Committee on Indian Affairs held an oversight hearing on education to receive an update on the No Child Left Behind (NCLB) Act, academic achievement, and the current status of Indian education.

• Tribal Lobbying Matters. On June 22, the Senate Committee on Indian Affairs held an oversight hearing to continue the examination of lobbying by Jack Abramoff, focusing on the Mississippi Band of Choctaw Indians.

• Veterans Benefits, Native American Veterans’ Housing. On June 23, the Senate Committee on Veterans’ Affairs concluded a hearing to examine benefits-related legislative initiatives, focusing on S. 917, to amend title 38, United States Code, to make permanent the pilot program for direct housing loans for Native American veterans.

• Indian Gaming. On June 28, the Senate Committee concluded an oversight hearing to examine regulation of Indian gaming.

• 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.

• 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.

• 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.

• 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 review the Native American Graves Protection and Repatriation Act (NAGPRA).

• 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.

• 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.’’ Arizona Governor Janet Napolitano addressed the State’s work with the Tohono O’odham Nation located on the southern border along Mexico.

• Tribal Lobbying. On Wednesday, November 2, the Senate Committee on Indian Affairs held an oversight hearing on tribal lobbying matters to continue its investigation into the Jack Abramoff scandal with regard to actions relating to the Coushatta Tribe of Louisiana.

• Off-Reservation Gaming. On Wednesday, November 9, the House Resources Committee held an oversight hearing on “the Second Discussion Draft of Legislation Regarding Off-Reservation Indian Gaming.”

• Tribal Lobbying. On November 17, the Senate Committee on Indian Affairs held another lobbying oversight hearing focused solely on Italia Federici, President of the Council of Republicans for Environmental Advocacy (CREA), who avoided the Committee’s subpoena to appear in the November 2 hearing.

• Assiniboine and Sioux Tribes of the Ft. Peck Indian Reservation. On December 7, the House Committee on Resources, Subcommittee on Water and Power, held a hearing to review certain bills including H.R. 2978, relating to the water rights of the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation.

• Indian Trust Reform Act. On December 8, the House Resources Committee held a hearing on H.R. 4322, the Indian Trust Reform Act of 2005, to receive testimony on Title I, settlement of the litigation claims in Cobell.

Indian Legislation – 2005

House Bills

• H.R. 16 (Hayworth, R-AZ). Tribal Labor Relations Restoration Act of 2005 (Jan 4) - to clarify the rights of Indians and Indian tribes on Indian lands under the National Labor Relations Act; referred to he Education and the Workforce Committee.

• H.R. 21 (McIntyre, D-NC). Lumbee Recognition Act (Jan 4) - to recognize the Lumbee Tribe of North Carolina; referred to the Resources Committee.

• H.R. 109 (Herseth, D-SD). Tribal Parity Act (Jan 4) - to provide compensation to the Lower Brule and Crow Creek Sioux Tribes of South Dakota for damage to tribal land caused by Pick-Sloan projects along the Missouri River; referred to the Resources Committee.

• H.R. 154 (Menendez, D-NJ). State and Local Reservist First Responders Assistance Act of 2005 (Jan 4) - to authorize the Secretary of Homeland Security to make grants to reimburse State and Local governments and Indian tribes for certain costs relating to the mobilization of Reserves who are first responder personnel of such governments or tribes; referred to the committees on Transportation and Infrastructure, Energy and Commerce, and the Judiciary.

• H.R. 158 (Millender-MacDonald, D-CA) (Jan4) - to direct the Secretary of Education to conduct a study of the rate at which Native Americans and students who reside in American Somoa, the Northern Mariana Islands, and Guam drop out of secondary schools in the U.S., and for other purposes; referred to the Education and the Workforce Committee.

• H.R. 309 (Abercrombie, D-HI). Native Hawaiian Government Reorganization Act of 2005 (Jan 25) - to express the policy of the U.S. regarding the U.S. relationship with Native Hawaiians and to provide a process for the recognition by the U.S. of the Native Hawaiian governing entity; referred to the Resources Committee.

• H.R. 327 (Grijalva, D-AZ). Gila River Binding Arbitration (Jan 25) - to allow binding arbitration clauses for all contracts affecting land within the Gila River Indian Community Reservation; referred to the Resources Committee on January 25, House passed on December 7, Senate passed on December 14; became Pub.L. 109-147 on December 22.

• H.R. 331 (Hayworth, R-AZ). Governmental Pension Plan Equalization Act of 2005 (Jan 25) - to clarify that Indian tribal governments are to be regulated under the same government employer rules and procedures that apply to Federal, State and other local government employers for employee benefit plans; referred to the Subcommittee on Employer-Employee Relations.

• H.R. 362 (Udall, D-NM)/ S. 156 (Bingaman, D-NM. Ojito Wilderness Act - to designate the Ojito Wilderness Study Area as wilderness, and to take certain lands into trust for the Pueblo of Zia; passed the Senate on July 26 and the House on October 18; became P.L. 109-94 on October 24.

• H.R. 464 (Faleomavaega, D-AS). Indian Tribal Federal Recognition Administrative Procedures Act of 2005 (Feb 1) - to provide for administrative procedures to extend Federal recognition to certain Indian groups, and for other purposes; referred to the Resources Committee.

• H.R. 481 (Musgrave, R-CO). Sand Creek Massacre National Historic Site Trust Act (Feb 1) - to further the purposes of the Sand Creek Massacre National Historic Site Establishment Act; passed the House on June 27, the Senate on July 26; became P.L. 109-45 on August 2.

• H.R. 512 (Pombo, R-CA) (Feb 2) - to request the prompt review by the Secretary of Interior of the longstanding petitions for Federal recognition of certain Indian tribes; referred to the Resources Committee.

• H.R. 597 (Sullivan, R-OK) (Feb 2) - to permanently extend the Indian employment credit and the depreciation rules for property used predominantly within an Indian reservation; referred to the Committee on Ways and Means.

• H.R. 600 (Udall, D-NM). Indian Pueblo Land Act Amendments (Feb 2) - to clarify issues of criminal jurisdiction within the exterior boundaries of Pueblo lands; referred to the Resources Committee.

• H.R. 601 (Udall, D-NM). Native American Veterans Cemetery Act of 2005 (Feb 2) - to provide for the eligibility of Indian tribal organizations for grants for the establishment of Veterans cemeteries on trust lands; referred to the Committee on Veterans Affairs.

• H.R. 631 (Grijalva, D-AZ) (Feb 8) - to provide for the acquisition of subsurface mineral rights on land owned by and held in trust for the Pascua Yaqui Tribe; referred to the Resources Committee.

• H.R. 680 (Cannon, R-UT) (Feb 9) - to direct the Secretary of Interior to convey certain land held in trust for the Paiute Indian Tribe of Utah to the city of Richfield, Utah; referred to the Resources Committee.

• H.R. 794 (Grijalva, D-AZ). Colorado Indian Reservation Boundary Correction Act (Feb 14)– to correct the south boundary of the Colorado River Indian Reservation; referred to the Resources Committee; passed the House on April 12 and the Senate on July 26.

• H.R. 797 (Renzi, R-AZ). Native American Housing Enhancement Act of 2005 (Feb 14) - to amend the Native American Housing Assistance and Self-Determination Act of 1996 to improve housing programs for Indians; referred to the Committee on Financial Services; passed the House on April 6 and the Senate on November 8; became P.L. 109-136 on Dec 22.

• H.R. 852 (McDermott, D-WA). Duwamish Tribal Recognition Act (Feb 16) - to extend Federal recognition to the Duwamish Tribe; referred to the Resources Committee.

• H.R. 933 (Herseth, D-SD) (Feb 17) - to grant a Federal Charter to the National American Indian Veterans, Incorporated; referred to the Committee on the Judiciary.

• H.R. 1659 (Renzi R-AZ). Navajo Nation Higher Education Act of 2004 (April 29) – to fulfill the United States’ trust responsibility to serve the educational needs of the Navajo people; referred to Subcommittee on 21^st Century Competitiveness.

• H.R. 1773 (Herseth, D-SD). Native American Veteran Home Loan Act. (April 21) - to make permanent the Native American Veteran Housing Loan Program; referred to the Committee on Veterans’ Affairs; referred to the Subcommittee on Economic Opportunity on April 25.

• H.R. 1797 (McMorris, R-WA). Spokane Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement Act. (April 21) - to provide for equitable compensation to the Spokane Tribe of Indians of the Spokane Reservation for the use of tribal land for the production of hydropower by the Grand Coulee Dam; referred to the Resources Committee; passed House on July 25.

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

• H.R. 1811 (Young, R-AK). Alaska Native Veterans Land Allotment Equity Act. (April 21) - to provide for equitable allotment of lands to Alaska Native veterans; referred to the Resources Committee.

• H.R. 1812 (Menendez, D-NJ). Patient Navigator Outreach and Chronic Disease Prevention Act of 2005 – to amend the Public Health Service Act to authorize a demonstration grant program to provide patient navigator services to reduce barriers and improve health care outcomes. Grantees eligible for HHS funding include a health facility operated by or pursuant to a contract with the Indian Health Service, a hospital, a cancer center, a rural health clinic, among others; referred to the Committee on Energy and Commerce. Passed the Senate without amendment by unanimous consent on June 22, 2005.

• H.R. 1866 (Young, R-AK). To facilitate shareholder consideration of making Settlement Common Stock under the Alaska Native Claims Settlement Act. (April 26) - referred to the Resources Committee.

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

• H.R. 2353 (Rogers, R-MI). Common Sense Indian Gambling Reform Act (May 12) - to make technical corrections to the Indian Gaming Regulatory Act; referred to the Resources Committee; executive comment requested from the Department of the Interior on May 17.

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

• H.R. 2417 (Wilson, R-NM). Community Drinking Water Assistance Act (May 17) - to amend the Safe Drinking Water Act to establish a program to provide assistance to small communities for use in carrying out projects and activities necessary to achieve or maintain compliance with drinking water standards, and for other purposes. The bill authorizes $1.9 billion for small state or Tribal rural communities’ public water system grants, with 10% cost-sharing requirement waiver authority for hardship, and at discretion of EPA Administrator; referred to the Committee on Energy and Commerce; referred to the Subcommittee on Environment and Hazardous Materials on June 3.

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

• H.R. 2559 (Young, R-AK). Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act May 23) - to provide for the recognition of certain Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act; referred to the Resources Committee.

• H.R. 2566 (Young, R-AK). Surface Transportation Extension Act of 2005 - to provide an extension of highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century. Extension provides continued authority through June 30, 2005 and includes the Indian Reservation Roads authority; became P.L. 109-14 on May 31.

• H.R. 2864 (Young, R-AK). Water Resources Development Act of 2005 (June 13) - to provide for the conservation and development of water and related resources, referred to the Committee on Transportation and Infrastructure; Ordered to be reported (amended) by voice vote on June 22.

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

• H.R. 2978 (Rehberg, R-MT). Fort Peck-Montana Water Compact Conveyance (June 17) – relating to the water rights leasing for the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation in Montana; referred to the Resources Committee.

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

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

• H.R. 3314 (Stupak, D-MI). Lac Vieux Desert Band of Lake Superior Chippewa Indians Land Transfer (July 14) - 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 Agriculture Committee.

• H.R. 3349 (Moran, D-VA). Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2005 (July 19) - to extend Federal recognition to certain tribes in Virginia; referred to the Resources Committee.

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

• H.R. 3351 (Pombo, R-CA). Native American Technical Corrections Act (July 19) - to make technical corrections to laws relating to Native Americans, including: 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 Resources and Transportation & Infrastructure Committees; reported on November 16 (H.Rept.No. 109-298); passed the House on November 16.

• H.R. 3402 (Sensenbrenner, R-WI). Violence Against Women and Department of Justice Reauthorization Act. A bill to authorize appropriations and for other purposes; House and Senate passed on December 17; became Pub.L. 109-162 on January 5, 2006.

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

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

• H.R. 3507 (Issa, R-CA). Pechanga Band of Luiseno Mission Indians Land Transfer Act of 2005 (July 28) – to transfer certain land 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 Resources Committee on July 28; passed the House on November 15.

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

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

• H.R. 3665 (Boozman, R-AR). Veterans Housing Improvement Act of 2005 (Sept 7) - 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; referred to the Committee on Veterans’ Affairs; Reported on November 1 (H.Rept.No. 109-263).

• H.R. 3824 (Pombo, R-CA). Threatened and Endangered Species Recovery Act of 2005 (Sept 19) – to amend and reauthorize the Endangered Species Act of 1973 to provide greater results conserving and recovering listed species; referred to the Resources Committee; passed the House on September 29.

• H.R. 4292 (Pombo, R-CA) (Nov 10) - to amend Public Law 107-153 to further encourage the negotiated settlement of tribal claims; referred to the Resources Committee.

• H.R. 4322 (Pombo, R-CA). Indian Trust Reform Act of 2005 (Nov 15) - to provide for Indian trust asset management reform and resolution of historical accounting claims, referred to the Resources Committee.

• H.R. 4447 (Pallone, D-NJ) (Dec 6) - to provide for fair treatment of services furnished to Indians under the Medicaid Program; referred to the Energy and Commerce Committee.

• H.R. 4597 (Granger, R-TX) (Dec 16) – to authorize the presentation of gold medals on behalf of Congress to Native Americans who served as Code Talkers in recognition of their service during foreign conflicts; referred to the Committee on Financial Services.

• H.R. 4634 (McHugh, R-NY) (Dec 17) - to require that the Secretary of the Interior hold at least one public hearing in the surrounding community where land requested to be taken into trust for an Indian tribe is located; referred to the Resources Committee.

H.J. Res.

• H.J.Res. 3 (Davis, R-VA) (Jan 4). To acknowledge a long history of official depradations and ill-conceived policies by the U.S. government relating to Indian tribes and offer an apology to all Native peoples on behalf of the U.S.

• H.Res. 76 (Baca, D-CA) (Feb 9). Recognizing and honoring the achievements and contributions of Native Americans - urging the establishment and observation of a paid legal public holiday in honor of Native Americans

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

• H. Con.Res. 241 (Wilson, R-NM) (Sept 13). Pueblo Leader Statute Installation – accepting the statue of Po’Pay, presented by the State of New Mexico, for placement in National Statuary Hall; agreed to by the House and Senate on September 21.

• H. Con. Res. 267 (Pombo, R-CA) (Oct 17). Makah Tribe Treaty Rights - expressing the sense of the Congress upholding the Makah Tribe treaty rights; referred to the Resources Committee; reported on October 19.

• H. Con. Res. 291 (Renzi, R-AZ) (Nov 4). Concurrent Resolution Honoring the Service of American Indians in the Armed Forces; referred to the Committee on Armed Services.

Senate Bills

• S. 113 (Feinstein, D-CA) (Jan 24) – relating to date on which certain tribal land of the Lytton Rancheria of California is deemed to be held in trust; referred to the Indian Affairs Committee; reported on September 12 (S.Rept.No. 109-136).

• S. 140 (Clinton, D-NY). Domestic Defense Fund Act of 2005 Jan 24) - to provide for a domestic defense fund to improve the Nation’s homeland defense; includes grants to states, units of general local government and Indian Tribes; referred to the Homeland Security & Governmental Affairs Committee.

• S. 147 (Akaka, D-HI). Native Hawaiian Government Reorganization Act of 2005 (Jan 25) - to express the policy of the U.S. regarding the U.S. relationship with Native Hawaiians and to provide a process for the recognition by the U.S. of the Native Hawaiian governing entity; referred to the Indian Affairs Committee; reported on May 6 (S.Rept.No. 109-68).

• S. 168 (Bingaman, D-NM). Indian School Bus Route Safety Reauthorization Act of 2005 (Jan 26) - to reauthorize additional contract authority for States with Indian reservations; referred to the Environment and Public Works Committee.

• S. 214 (Bingaman, D-NM). United States-Mexico Transboundary Aquifer Assessment Act. (Jan 31) - to authorize the Secretary of Interior to cooperate with States on the border with Mexico and other appropriate entities in conducting a hydrogeologic characterization, mapping and modeling program for priority transboundary aquifers, and for other purposes; referred to the Energy and Natural Resources Committee; ordered to be reported without amendment.

• S. 215 (Inouye, D-HI). Native Hawaiian Health Care Improvement Reauthorization Act of 2005 (Jan 31) - to amend the Native Hawaiian Health Care Improvement Act to revise and extend that Act; referred to the Indian Affairs Committee; passed by the Senate on July 26.

• S. 279 (Domenici, R-NM) (Feb 3)- to amend the Act of June 7, 1924 (Pueblo Land Act) to provide for the exercise of criminal jurisdiction; referred to the Indian Affairs Committee.

• S. 374 (Thune, R-SD). Tribal Parity Act - to provide compensation to the Lower Brule and Crow Creek Sioux Tribes of South Dakota for damage to tribal land caused by Pick-Sloan projects along the Missouri River; referred to the Indian Affairs Committee; reported without amendment on June 29.

• S. 412 (Dorgan, D-ND). Reauthorization of the Native American Programs Act of 1974 (Feb 16) - to reauthorize the Native American Programs Act of 1974; referred to the Indian Affairs Committee.

• S. 437 (Levin, D-MI). Grand River Band of Ottawa Indians of Michigan Referral Act (Feb 17) – relating to the federal recognition petition of the Grand River Band of Ottawa Indians of Michigan; referred to the Indian Affairs Committee.

• S. 449 (Murkowski, R-AK) – relating to 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; referred to the Indian Affairs Committee; Reported on July 28 (S.Rept.No. 109-112); passed by the Senate on December 14; referred to the House Resources Committee.

• S. 475 (Johnson, D-SD). Native American Housing Enhancement Act of 2005 (Feb 29) - to amend the Native American Housing Assistance and Self-Determination Act of 1996 and other Acts to improve housing programs for Indians; referred to the Indian Affairs Committee.

• S. 477 (Dorgan, D-ND). Tribal Government Amendments to the Homeland Security Act of 2002 March 1) – to include Indian tribes among the entities consulted with respect to activities carried out by the Secretary of Homeland Security; referred to the Homeland Security and Governmental Affairs Committee.

• S. 478 (Allen, R-VA). Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2005 (March 15) – relating to the federal recognition of certain tribes in Virginia; referred to the Indian Affairs Committee.

• S. 535 (Inouye, D-HI). Native American Connectivity Act. (March 7) - to establish grant programs for the development of telecommunications in Indian Country; referred to the Indian Affairs Committee.

• S. 536 (McCain, R-AZ). Native American Omnibus Act of 2005 (March 7) - to make technical corrections to laws relating to Native Americans, and for other purposes. Ordered to be reported without amendment favorably by the Indian Affairs Committee on March 9 (S.Rept.No. 109-67).

• S. 598 (Inouye, D-HI) (March 10) – to reauthorize provisions in the Native American Housing Assistance and Self Determination Act of 1996 relating to Native Hawaiian low-income housing and Federal loan guarantees for Native Hawaiian housing; referred to the Indian Affairs Committee.

• S. 630 (Dodd, D-CT). Tribal Acknowledgement and Indian Bureau of Enhancement Act of 2005 (March 15) – to establish procedures for the acknowledgement of Indian tribes; referred to the Indian Affairs Committee.

• S. 623 (Hatch, R-UT). Utah Paiute Tribe and Land Conveyance (March 15) - to direct the Secretary of Interior to convey certain land held in trust for the Paiute Indian Tribe of Utah; referred to the Indian Affairs Committee.

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

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

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

• S. 731 (Conrad, D-ND). Tribal Colleges and Universities Teacher Loan Forgiveness Act (April 6) – to recruit and retain more qualified individuals to teach in Tribal Colleges or Universities; referred to the Indian Affairs Committee; reported on December 12 (S.Rept. No. 109-205).

• S. 881 (Cantwell, D-WA). Spokane Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement Act (April 21) - to provide for equitable compensation to the Spokane Tribe of Indians of the Spokane Reservation for the use of tribal land for the production of hydropower by the Grand Coulee Dam; referred to the Indian Affairs Committee; reported on December 8 (S.Rept.No. 109-200).

• S. 898 (Hutchison, R-TX). Patient Navigator Outreach and Chronic Disease Prevention Act of 2005 (April 25) - to amend the Public Health Service Act to authorize a demonstration grant program to provide patient navigator services to reduce barriers and improve health care outcomes. Grantees eligible for HHS funding include a health facility operated by or pursuant to a contract with the Indian Health Service, a hospital, a cancer center, a rural health clinic, among others; referred to the Committee on Health, Education, Labor, and Pensions; reported on May 25 (Report no. 109-73); placed on Senate legislative calendar under General Orders Cal. No. 115.

• S. 972 (Bingaman, R-NM). Albuquerque Indian Health Center Act of 2005 (April 29) - to designate the Albuquerque Indian Health Center as a critical access facility and to provide funds for that Center; referred to the Indian Affairs Committee.

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

• S. 1003 (McCain, R-AZ). Navajo-Hopi Land Settlement Amendments of 2005 (May 11) . to amend the Act of December 22, 1974; referred to the Indian Affairs Committee.

• S. 1035 (Inhofe, R-OK). Code Talkers Recognition Act (May 13) - to authorize the presentation of commemorative medals on behalf of Congress to Native Americans who served as Code Talkers during foreign conflicts; referred to the Banking, Housing, and Urban Affairs Committee.

• S. 1057 (McCain, R-AZ). Indian Health Care Improvement Act Amendments of 2005 (May 17) - to amend the Indian Health Care Improvement Act to revise and extend that act; referred to the Indian Affairs Committee; reported on October 27.

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

• S. 1197 (Biden, D-DE). Violence Against Women Act (June 8) – to reauthorize the Violence Against Women Act of 1994; passed the Senate on October 4.

• S. 1219 (Burns, R-MT). Fort Peck-Montana Water Compact Conveyance (June 9) - to authorize certain tribes in the State of Montana to enter into a lease or other temporary conveyance of water rights to meet the water needs of the Dry Prairie Rural Water Association, Inc.; referred to the Energy and Natural Resources Committee; reported on October 27.

• S. 1231 (McCain, R-AZ). National Fund for Excellence in American Indian Education Amendments Act of 2005 (June 14) - to amend the Indian Self-Determination and Education Assistance Act to modify provisions relating to the National Fund for Excellence in American Indian Education; passed the Senate on December 12.

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

• S. 1260 (Vittor, R-LA). Indian Gaming Technical Corrections Act (June 16) - to make technical corrections to the Indian Gaming Regulatory Act, referred to the Indian Affairs Committee.

• S. 1291 (McCain, R-AZ). Pascua Yaqui Mineral Rights Act - to provide for the acquisition of subsurface mineral interests in land owned by the Pascua Yaqui Tribe and land held in trust for the Tribe; referred to the Indian Affairs Committee; reported on July 29 (S.Rept.No. 109-116).

• S. 1295 (McCain, R-AZ). National Indian Gaming Commission Accountability Act. - to amend the Indian Gaming Regulatory Act to provide for accountability and funding of the National Indian Gaming Commission; passed the Senate on December 12; referred to the House Resources Committee on December 13.

• S. 1312 (McCain, R-AZ). Reducing Conflicts of Interest in the Representation of Indian Tribes Act - to amend a provision relating to employees of the United States assigned to, or employed by, an Indian tribe, and for other purposes; reported on December 15 (S.Rept.No. 109-208); passed the Senate on December 16; referred to the House Committees on Resources and Judiciary on December 17.

• 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, ; no original Committee referral; placed on Senate Calendar on July 11; passed the Senate on July 28.

• 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; reported on October 24 (S.Rept.No. 109-159); placed on Senate Calendar on July 13; passed the Senate on October 24.

• S. 1409 (Murkowski, R-AK). Native Village and Rural Alaska Sanitation Improvement Grants (July 20) - 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 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 Indian Affairs Committee; hearing conducted on July 26.

• S. 1480 (McCain, R-AZ). Certification of Indian Rental Proceeds Act of 2005 (July 26) - 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; passed the Senate on July 26.

• 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; passed the Senate on July 26; House agreed to it on December 18; became Pub.L. 109-157 on December 30.

• S. 1482 (McCain, R-AZ). Gila River Indian Community Reservation Contracts Act of 2005 - 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 (July 26) - to develop a program to acquire interests in land from eligible individuals within the Crow Reservation in the state of Montana; referred to the Indian Affairs Committee on July 26.

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

• S. 1518 (Voinovich, R-OH). Indian Gaming Regulatory Act (IGRA) Amendments and Class III Gaming Requirements (July 27) - 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 Indian Affairs Committee.

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

• S. 1572 (Johnson, D-SD). Medicaid for American Indians and States Act of 2005 (July 29) - 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 Finance Committee.

• S. 1722 (Murkowski, R-AK). Advancing FASD Research, Prevention, and Services Act (Sept 19) - to reauthorize and extend the Fetal Alcohol Syndrome prevention and services program; including community partnership grants (and tribal eligibility) to promote collaboration for integrated services to assist individuals with Fetal Alcohol Spectrum Disorders; referred to the Health, Education, Labor, and Pensions Committee.

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

• S. 1758 (McCain, R-AZ). Indian Financing Act Amendments (Sept 22) - to amend the Indian Financing Act of 1974, to provide for sale and assignment of loans and underlying security; passed the Senate on September 22.

• S. 1773 (Domenici, R-NM). Pueblo de San Ildefonso Claims Settlement Act of 2005 (Sept 26) - to resolve certain Native American claims in New Mexico, referred to the Indian Affairs Committee.

• S. 1892 (McCain, R-AZ). Statute of Limitations for Filing Indian Trust Fund Claims (Oct 19) - to amend Public Law 107-153 to modify a certain date extending the statute of limitations in which to file for settlement of tribal trust fund claims; reported on October 27 (S.Rept.No. 109-201); passed Senate on December 16 and House on December 18; became P.L. 109-158 on December 30.

• S. 1899 (McCain, R-AZ). Indian Child Protection and Family Violence Prevention Act Amendments of 2005 (Oct 20) - 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; referred to the Indian Affairs Committee.

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

• S. 1980 (Murkowski, R-AK). Rural Teacher Housing Act of 2005 (Nov 9) - to provide habitable living quarters for teachers, administrators, and other school staff, in rural areas of Alaska located in or near Alaska Native villages; referred to the Indian Affairs Committee.

• S. 2000 (Murkowski, R-AK). Alaska Native Veterans Land Allotment Equity Act (Nov 10) - to amend the Alaska Native Claims Settlement Act to provide for equitable allotment of land to Alaska Native veterans; referred to the Energy and Natural Resources Committee.

• S. 2074 (Bingaman, D-NM). Medicaid Indian Health Act of 2005 (Nov 18) - to amend title XIX of the Social Security Act to provide for fair treatment of services furnished to Indians under the medicaid program; referred to the Finance Committee.

• S. 2078 (McCain, R-AZ). Indian Gaming Regulatory Act Amendments of 2005 (Nov 18) - to amend the Indian Gaming Regulatory Act to clarify the authority of the National Indian Gaming Commission to regulate class III gaming, to limit the lands eligible for gaming; referred to the Indian Affairs Committee.

• S. 2093. (McCain, R-AZ). A bill to amend the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to provide funds for training in tribal leadership, management, and policy, and for other purposes; considered and passed Senate on December 13.

• S. 2094 (McCain, R-AZ). Indian Tribal Justice Systems. A bill to reauthorize certain provisions relating to Indian tribal justice systems; considered and passed on December 13.

• S. 2119 (Baucus, D-MT). TANF and Related Programs Extension Act (Dec 16) - to reauthorize the Temporary Assistance for Needy Families (TANF) block grant program through June 30, 2006; referred to the Finance Committee.

• S. 2128 (McCain, R-AZ). Lobbying Transparency and Accountability Act (Dec 16) - to provide greater transparency with respect to lobbying activities; referred to the Homeland Security and Governmental Affairs Committee.

S.J.Res.

• S.J. Res. 15 (Brownback, R-KS). Recognition and Apology to Native Peoples (April 19) – acknowledging 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; Indian Affairs Committee held hearing on May 25.

Executive Branch

Public Laws Signed in 2005

Public Law 109-18 (June 29) - 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.

Public Law 109-45 (Aug 2) - 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.

Public Law 109-47 (Aug 2) - 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.

Public Law 109-49 (Aug 2) - 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).

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

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

Public Law 109-126 (Dec 7) - To direct the Secretary of the Interior to convey certain land held in trust for the Paiute Indian Tribe of Utah to the City of Richfield, Utah (H.R. 680).

Public Law 109-133 (Dec 20) - To amend the Act of June 7, 1924, the Indian Pueblo Land Act, to provide for the exercise of criminal jurisdiction (S. 279).

Public Law 109-136 (Dec 22) - To amend the Native American Housing Assistance and Self-Determination Act of 1996 and other Acts to improve housing programs for Indians (H.R. 797).

Public Law 109-147 (Dec 22) - To allow binding arbitration clauses to be included in all contracts affecting land within the Gila River Indian Community Reservation (H.R. 327).

Public Law 109-157 (Dec 30) - To amend the Indian Land Consolidation Act to provide for probate reform (S. 1481).

Public Law 109-158 (Dec 30) - To amend Public Law 107-153 to modify a certain date extending the statute of limitations in which to file for settlement of tribal trust fund claims (S. 1892).

Public Law 109-162 (Jan 5) - To authorize appropriations and for other purposes (H.R. 3402).

Supreme Court

Changes on the Supreme Court Bench. Supreme Court Justice Sandra Day O’Connor announced her retirement from the bench in the Summer of 2005. President Bush nominated Judge John Roberts to replace O’Connor, but before hearings were held, the President elevated Roberts’ nomination to Chief Justice after William Rehnquist passed away on September 3. Roberts, 50, became the seventeenth Chief Justice after officially taking oath of office at the White House on September 22 and is the youngest Chief Justice since John Marshall took office in 1801 at age 46. Roberts assumed the chief justice position when the Court returned to session on Monday, October 3.

After elevating Judge Roberts to Chief Justice, President Bush nominated White House counsel Harriet Miers to replace Sandra Day O’Connor on the Supreme Court on October 3. However, after increased pressure to allow Senators access to confidential White House deliberations and the lack of GOP support, Miers withdrew her nomination on October 27. On October 31, President Bush nominated Judge Samuel A. Alito, Jr. to replace Justice O’Connor. Alito, a former Reagan Administration official, has a long track record of legal opinions given his service as a judge on the U.S. Court of Appeals for the 3^rd Circuit since 1990. Confirmation Hearings were held in January, 2006.

Supreme Court Decisions in 2005. The Supreme Court issued three decisions in Indian law cases involving contract support costs, Oneida (New York) lands held in fee, and the imposition of a fuel distribution tax on an Indian reservation by the state of Kansas. The following provides a brief summary of the court’s decision in each case.

• Cherokee Nation v. Leavitt, 543 U.S. ___ (2005). On March 1, the Supreme Court unanimously decided in favor of Tribes in holding that Indian self-determination contracts are “legally binding” agreements similar to other government procurement contracts by the federal government. The case arose after two Indian tribes agreed to supply health services in entering a contract with the Government under the Indian Self-Determination and Education Assistance Act (ISDEAA) during fiscal years 1994 through 1997. The contract included an annual funding agreement with a government promise to pay “contract support costs,” which can include indirect administrative, direct and start-up costs. Thereafter, the Government refused to pay, claiming that it is only legally bound to pay its promises if Congress appropriates sufficient funds, that Congress had not done so, and that ISDEAA created a special contract with a unique nature differentiating it from standard Government procurement contracts. The Court disagreed with all of the Government’s arguments and held the Government is legally bound to pay the “contract support costs” at issue.

• City of Sherrill v. Oneida. On March 29, the Supreme Court reversed and remanded City of Sherrill v. Oneida Indian Nation of New York. The case concerned whether former reservation land, now held in fee by the Oneida Nation, is Indian country pursuant to 18 U.S.C. § 1151 and the Court’s previous decision in Alaska v. Native Village of Venetie Tribal Government, 522 U.S. 520 (1998). The Oneida Nation had transferred parcels at issue to one of its members in 1805, who sold the land to a non-Indian two years later. The properties were in non-Indian possession until acquired by the Oneida Indian Nation (OIN) in 1997 and 1998 in open-market transactions. Thereafter, OIN maintained the properties were exempt from taxation. The city of Sherrill initiated eviction proceedings in state court and OIN sued in Federal court. The Second Circuit Court of Appeals held that the parcels qualified as “Indian country” because they fall within boundaries of a reservation set aside by treaty, there was no clear congressional purpose to disestablish or diminish the reservation and there was no legal requirement for the tribe to demonstrate continuous existence to assert a claim. In arriving at its decision to reverse the Second Circuit, the Court noted that it would evaluate the case in light of the long history of state sovereign control over the territory at issue and recognizing that the passage of time could preclude relief. Fearful of the onslaught of a new generation of litigation to free parcels from local zoning or other regulatory controls that protect all landowners in the area, the Court deferred to 25 U.S.C. § 465 as the appropriate mechanism for the acquisition of lands for tribal communities. 25 U.S.C. § 465 authorizes the Secretary of Interior to acquire land in trust for Indians and considered by the Court as the appropriate avenue for a tribe to reestablish sovereign authority over territory last held by the tribe years ago.

• Richards, Sec., KS Dep’t of Revenue v. Prairie Band Potawatomi Nation. On December 6, the Supreme Court ruled in the Wagnon case, voting 7-2 to reverse the 10^th Circuit’s ruling striking the state’s fuel distribution tax imposed on an Indian reservation. In so holding, the Court determined that because the Kansas tax was a non-discriminatory tax imposed on the off-reservation receipt of motor fuel by a non-Indian fuel distributor, the tax did not implicate tribal sovereignty and therefore was a valid tax. The Nation argued that the tax was discriminatory because it exempted from taxation fuel delivered to other sovereigns, including other States and foreign countries. However, the Court rationalized that Kansas provides road services to the Nation that it does not provide to those other sovereigns. Justice Ginsburg wrote a dissent and was joined by Justice Kennedy. The impact of the Court’s decision will likely be limited to motor fuel and tobacco taxes, since those are generally the only taxes where the point of collection is shifted up the distribution chain.

Supreme Court hears Oral Arguments in Religious Freedom Case. On November 1, the Supreme Court heard oral arguments in Alberto R. Gonzalez, Attorney General, et al v. O Centro Espirita Beneficiente Unido do Vegetal, No. 04-1084, a religious freedom case that may impact Tribes. The case involves the application of the Religious Freedom Restoration Act (RFRA), which was passed to protect members of the Native American Church who were prosecuted for using peyote and had lost their case before the high court. O Centro Espirita Beneficiente Unido do Vegetal (UDV), a New Mexico-based church, claims the same type of protection under RFRA for the use of a hallucinogenic tea brewed from a plant grown in Brazil. The Bush Administration has tried to stop UDV from importing the plant but has lost at both the federal and appellate court levels.

Supreme Court Denies Review of Indian-related Cases. In 2005, the Supreme Court denied review of two Indian-related cases, including Hammond v. C’oeur d’Alene Tribe of Idaho, et al. (9^th Circuit) and Wyoming Sawmills, Inc. v. U.S. Forest Service (10^th Circuit). In Hammond, the Ninth Circuit held that the incidence of the Idaho motor fuel tax impermissibly falls on the Tribes, notwithstanding the state legislature’s declared intent to shift the incidence of the tax to the non-Indian distributors. Further, the Court held that the Hayden Cartwright Act does not a present a clear intent of Congress to abrogate tribal immunity to allow states to tax gasoline sales on Indian reservations. 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.

Tribal Leader Meetings And Reports

NIGA Releases Indian Gaming Report. In February, the National Indian Gaming Association (NIGA) released the “Analysis of Economic Impact of Indian Gaming in 2004” report which highlights the positive impacts of Indian gaming. According to the report, Indian gaming generates $18.5 billion annually, an additional $2.5 billion for the hospitality and entertainment industry, $5.5 billion in federal taxes (thereby reducing federal unemployment and welfare payments by $1.4 billion), $1.8 billion in state government revenue, and has created more than 550,000 jobs nationwide.

“National Working Group on Trust Reform/Settlement” Established. In March, Tribal leaders and representatives formed a work group to develop a unified tribal strategy in addressing trust reform and settlement of the Cobell class action lawsuit. The workgroup met several times throughout the spring to solicit tribal input on a number of key issues for legislation, including asset mismanagement claims, principles of trust reform, and historical accounting. Both the House and Senate introduced trust reform and settlement bills in 2005, though many believe the legislation did not fully reflect the work of the workgroup.

Annual DHHS-Tribal Consultation Meetings. In May, the Department of Health and Human Services (DHHS) held its seventh annual consultation with tribal leaders and organizations. The purpose of the IHS meeting was to provide a dialogue between tribal, urban Indian health groups and national Indian health organization representatives, and with senior Departmental officials and agency directors. Tohono O’odham Chairwoman Vivian Juan-Saunders delivered the Tribal Leaders’ Opening and Welcome Remarks, following remarks by the DHHS.

Indian Tax Provisions. In October, 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 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 were set to expire on December 31, 2005 but Congress acted to extend them both another year.

FTA Tribal Transit Listening Session. Also in October, the Federal Transit Administration held a listening session to discuss new provisions related to tribal transit in the Transportation Act (SAFETEA-LU) passed in 2005 which make funding available for tribal transit.

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 FY06 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.

2006 – Early Outlook

The Senate Judiciary Committee began hearings on Supreme Court nominee Samuel Alito on January 9. The full Senate will return to Washington, D.C. to begin floor consideration of Alito’s nomination on January 18. If the Senate confirms Alito, the Senate will go into recess the week of January 23 and return on January 30. Expect the Senate to focus on the USA Patriot Act, immigration and border security legislation, lobbying reform, and changes in asbestos litigation rules. Meanwhile, the House will not return to the Hill until January 31, 2006, the same day President Bush gives the State of the Union address. The House plans to finalize the budget savings package and address lobbying reform. Lobbying reform bills will be proposed by House and Senate leaders of both parties. Serving as likely reference points will be lobbying reform bills previously introduced by Senators McCain, Lieberman, and Feingold, and Representatives Shays, Meehan, and Emanuel.

INDIAN LAW PRACTICE GROUP

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David Devendorf • david.devendorf@hklaw.com

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James K. Kawahara • james.kawahara@hklaw.com

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Mary Prevost • mary.prevost@hklaw.com

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