August Recess Summary
 
September 6, 2006
 

Capitol Hill

During the 2nd quarter of the 109th Congress, the House and Senate addressed several pieces of legislation, including a lobbying and ethics reform bill, the War and Hurricane Relief Emergency Supplemental bill, a joint resolution proposing an amendment to the Constitution relating to marriage, the Native Hawaiian Government Reorganization Act, the Unlawful Internet Gambling Enforcement Act of 2006 and the Pension Protection Act. While the House has exercised considerable effort to move legislation, the Senate has been slow to act, focusing instead on legislation intended to raise the interest of conservative voters and draw them out to the polls.

The House departed the Capitol on August 1 for the annual August Recess, and the Senate adjourned on August 3. The Senate is scheduled to return on Tuesday, September 5, 2006, with the House expected to return the following day. Going into the 3rd quarter, Congress will face a dwindling number of work days and a seemingly increasing volume of legislation to address. However, the House and Senate are expected to adjourn again on September 27 and 29 respectively, to provide members of Congress with additional time to campaign in their districts. All members of the House and approximately one third of the Senators are up for reelection this November.

Following November elections, it is speculated that Congress will hold a lame duck session, which can be unusually contentious because there is the possibility that some members will have lost their seat in the election but continue to serve out their term until January 2007. There is also the possibility that the party in the majority, Republican, will switch to Democrat. If the majority switches, a lame duck session will likely be short, since Democrats will count on their ability to make changes to any passed legislation once their members are sworn-in in January. However, if Republicans maintain power, a lame duck session is likely to drag out through the end of the year, to enable the parties to reach a compromise on legislation.

Several bills with significant impacts on Indian Country are poised to move in the 3rd Quarter. Gaming legislation and pension provisions are summarized below (see EYE ON CONGRESS: Gaming Legislation and EYE ON CONGRESS: Tribal Provisions in the Pension Protection Act respectively).

We are also keeping an eye on S. 2590, the Federal Funding Accountability and Transparency Act of 2006, which would require full disclosure of all entities and organizations receiving Federal funds. The bill requires the Office of Management and Budget to develop and maintain a free, searchable, publicly accessible database of “entities” who receive “federal funding.” Much of the funding directed to tribes would be subject to disclosure on the website.

In addition, the Indian Trust Reform Act, H.R. 4322, a bill to provide for Indian trust asset management reform and resolution of historical accounting claims, and for other purposes, will likely be marked-up by the Senate Committee on Indian Affairs in September. The legislation has six titles, the first of which settles the long standing Cobell v. Kempthorne (formerly referred to as Cobell v. Norton) lawsuit for Individual Indian Monies (IIM) accounts. The additional titles reform current trust management practices, for improved performance and the prevention of future mismanagement.

Eye on Congress

Appropriations. The appropriations process for Fiscal Year (FY) 2007 began in earnest on May 17, when the House passed a budget resolution establishing the congressional budget for FY07 and setting forth the appropriate budgetary levels for fiscal years 2008-2011. The Senate passed their budget resolution in March but, as tradition requires, it was held at the desk until the House acted.

Immediately following House passage of a budget resolution the House Appropriations Committee began bringing appropriations bills to the floor. The Interior, Environment and Related Agencies Appropriations Act was passed by the full House on May 18, and the Military Construction, Military Quality of Life and Veterans Affairs Appropriations Act was passed on May 19. House Appropriations Committee Chairman Jerry Lewis (R-CA) worked diligently to pass all bills out of the House before the Fourth of July recess, but failed to pass the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act. The bill has yet to be acted upon by the full House because of a provision in the full Committee version of the bill that raises the federal minimum wage by $2.10, to $7.25 an hour. House leadership refuses to bring the bill to the floor while it contains the provision, but Democrats will not allow its removal, unless they get a separate vote on the minimum wage issue alone.

Meanwhile, the Senate Committee on Appropriations reported all appropriations bills, including the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act. However, the Senate has only passed one bill, the Department of Homeland Security Appropriations Act which the Senate passed on July 13. The Senate considered the Department of Defense Appropriations Act, between August 1-3 but failed to finish debate before convening for the August recess. The Senate has indicated it will only bring those appropriations bills that are related to domestic security to the floor before the November elections. While the Senate could still take action in September, the likelihood that all appropriations bills will be passed prior to November is very small. Considering that the fiscal year ends on October 31, extensions for departmental funding or an omnibus appropriations bill will have to be passed prior to the November elections. Either way, a lame duck session following the November elections to resolve appropriations issues, among other legislative concerns, seems imminent.

Detailed information about select appropriations bills follows.

Interior, Environment and Related Agencies Appropriations Act, 2007. On May 18, the House passed H.R. 5386, a bill making appropriations for the Department of the Interior, Environment, and Related Agencies for the fiscal year ending September 30, 2007 (H. Rept. No. 109-465). The bill provides $25.9 billion, $418 million over the President’s request but $145 million under the FY06 enacted amount. Within that, Indian program funding was increased $204 million from FY06 levels to $5.9 billion and both the Johnson O’Malley grants and the Urban Indian Health programs were fully restored.

On June 29, the Senate Committee on Appropriations reported the bill, S. Rept. No. 109-275, with a total of $26.1 billion, an increase of $180 million over the House bill. The Committee retained language funding Johnson O’Malley grants, but decreased the amount of funding from the House bill by $1.9 million, to $14.4 million. Meanwhile, BIA Construction is funded at $221 million, an increase of $6 million from the House bill, but language in the report contests the Administration’s justification for construction cuts on the basis that the BIA needs to focus its energy on current projects. The Committee found this logic insulting to BIA management and expects more robust requests from the Administration in the future. In addition, the Committee slated the Indian Health Service to receive $2.8 billion, $5 million more than the amount contained in the House bill. Unlike the Johnson O’Malley restoration, Urban Indian Health programs were fully funded at $32.7 million. The Committee cited reports that the Department of Health and Human Services has directed IHS to continue closure of 34 urban health centers, despite restoration of the urban Indian health funds. The Committee expects the Department to refrain from further action until the appropriations process has been completed. Report language also encourages IHS to expand use of its telehealth technology, indicating its continued concern about youth suicide and suicide attempt rates.

Energy and Water Development Appropriations Act, 2007. On May 24, the House passed H.R. 5427, a bill making appropriations for energy and water development for the fiscal year ending September 30, 2007 (H. Rept. No. 109-474), largely approving the Committee’s recommendations. The Committee funded the measure at $30 billion, $172 million below the FY06 level but $546 million above the President’s request. The Senate Committee on Appropriations reported the bill, S. Rept. No. 109-274, on June 29, designating $30.7 billion for the measure, $1.25 billion over the President’s request and $700 million over the House passed version. The bill has since been placed on the Senate Legislative Calendar.

Department of Homeland Security Appropriations Act, 2007. On June 6, the House passed H.R. 5441, a bill making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2007 (H. Rept. No. 109-476). Funding the bill at $32.08 billion, the Committee’s recommendation, which was approved by the full House, was $1.8 billion above the FY06 amount and $1.07 billion above the President’s request. Border protection, immigration enforcement and related activity funding was increased $1.6 billion. The Senate Committee on Appropriations reported the bill on June 29, S. Rept. No. 109-273. The Senate Committee report contained $31.7 billion for the Department of Homeland Security. After three days of debate, the Senate passed H.R. 5441, on July 13. Funding had been increased by Senate amendments to $32.8 billion.

Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia and Independent Agencies Appropriations Act, 2007. On June 14, the House passed H.R. 5576, a bill making appropriations for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, the District of Columbia, and independent agencies for the fiscal year ending September 30, 2007 (H. Rept. No. 109-495). The measure was funded at $67.8 billion, $2.7 billion over the FY06 enacted amount and $200 million over the President’s request. Notably, member projects, totaling approximately $3 billion in FY06, were currently totaling $895 million. The Senate Committee on Appropriations reported the bill on July 26, S. Rept. No. 109-293 and the bill was placed on the Senate Legislative Calendar. The bill was funded within its 302(b) allocation limit of $69 billion, and above the House amount.

Science, State, Justice, Commerce, and Related Agencies Appropriations, 2007. On June 29, the House passed H.R. 5672, a bill making appropriations for the Departments of Science, State, Justice, and Commerce, and Related Agencies for the fiscal year ending September 30, 2007 (H. Rept. No. 109-520). The bill provides $59.84 billion, which was $2.63 billion over the FY06 funding level and $140 million over the President’s request. The Department of Justice was a significant beneficiary of the increase, receiving $22.1 billion, $724 million over FY06 monies and a full $1 billion over the President’s request. The House also included funding for meth hot spots by providing $104 million to the Department of Justice. The Senate Committee on Appropriations filed its Committee report on July 13, S. Rept. No. 109-280, and the bill was placed on the Senate Legislative Calendar. The Senate Committee report recommended funding the bill at $51 billion, $8 billion less than the House.

Gaming Legislation. Two bills addressing Indian gaming were passed out of Committee prior to the August recess. The Senate Committee on Indian Affairs passed S. 2078 (McCain, R-AZ), a bill to amend the Indian Gaming Regulatory Act (IGRA) to clarify the authority of the National Indian Gaming Commission to regulate class III gaming, to limit the lands eligible for gaming, and for other purposes. The written report to accompany S. 2078 was filed on June 6, more than two months after the Committee markup on March 29. Despite Chairman McCain (R-AZ) of the Senate Committee on Indian Affairs’ efforts, S. 2078 has not been passed by unanimous consent in the full Senate. Chairman McCain’s next option would be passage on the Senate floor. If S. 2078 reached the floor, however, it could be subject to any Senator’s amendment, possibly worsening the situation faced by Indian Country. But being granted floor time for an Indian issue, especially this late in the Congressional session, is not likely. Republican Majority Leader Bill Frist (R-TN), has also indicated that he is not inclined to grant the Chairman floor time. Meanwhile, the House Resources Committee passed H.R. 4893 (Pombo, R-CA), a bill to amend section 20 of IGRA to restrict off-reservation gaming. The bill was marked-up on July 26 and renamed the Restricting Indian Gaming to Homelands of Tribes (RIGHT) Act, but no report has been filed.

Chairman McCain’s last option to accomplish legislative action is through H.R. 4893, which will likely be cleared for passage by the House in September, either on the floor or on the suspension calendar. Many provisions in the legislation that some tribes considered impositions on tribal sovereignty were removed, but many tribes remain concerned about passage of the bill because of an anti-tribal provision in the bill which would require tribes to negotiate agreements with counties, creating a dangerous Indian Law precedent. If H.R. 4893 passes the House and is sent to the Senate, Chairman McCain could attach his bill, S. 2078, to the House bill and then a conference would determine which provisions see implementation.

Despite the short calendar remaining for the 109th Congress, both of these bills continue to have a high potential of moving this year, either separately or together. Those tribes in Indian Country who oppose the passage of S. 2078 or H.R. 4893 should remain engaged in the process.

Native American Mascots. On May 4, Congressman Tim Johnson (R-IL) introduced H.R. 5289, a bill to provide institutions of higher education with a right of action against entities that improperly regulate intercollegiate sports activities. The bill would prevent intercollegiate sport regulators, such as the National Collegiate Athletic Association (NCAA), from imposing any penalty or sanction, or denying any benefit, to institutions of higher education based on the institution’s team name, symbol, emblem or mascot, and grants any such institution a right of action against this type of regulation. The bill would impede the NCAA’s efforts to ban Native American mascots, an endeavor it has pursued since August 2005. H.R. 5289 has been referred to the House Education and the Workforce Subcommittee on 21st Century Competitiveness. To date, there has been no further legislative action.

Separate from the legislation, six American Indian youth have stated their intention to file a joint claim with the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office. They plan to achieve cancellation of the Washington Redskins football registration of the trademark “Redskins,” on the basis that the term is disparaging. The petition is a second attempt at cancellation; a similar petition was filed in 1992 but is still pending. The first set of petitioners won, but lost in appeal due to application of the doctrine of laches, which prevents long delays in asserting claims or rights. The D.C. Court of Appeals, which overturned the initial victory, cited the age of petitioners, and counted years delayed from the time they were 18. The new set of petitioners range from age 18 to 23.

Tribal Provisions in the Pension Protection Act. The passage of H.R 4, the Pension Protection Act, by both Houses of Congress in the 2nd Quarter was primarily motivated by Congress’ desire to avoid situations where taxpayer dollars might be used to bail out companies that fail to appropriately fund their pension plans. On a national level, the most controversial provisions create a significant disparity by requiring some commercial airline operations (e.g. American and Continental) to fully fund their pension plans within ten years while allowing others (e.g. Delta and Northwest) up to seventeen years to reach complete funding. Congressional leaders have pledged to re-visit the airline provisions later this year to address the “level playing field” issue.

Section 906 of the bill clarifies the tax and labor law treatment of employee pension plans sponsored by federally recognized tribal governments. Tribal government representatives had asked Congress to treat tribal government plans the same as state and local government plans under the Internal Revenue Code (IRC) and the Employment Retirement Income Security Act (ERISA). Senator Gordon Smith (R-OR) and Congressman J.D. Hayworth (R-AZ) introduced this legislation and it was incorporated into the Senate version of the Pension Protection Act last fall. Unfortunately, it did not meet with acceptance by the House. The “compromise” that emerged out of the pension conference was a narrowly crafted provision that allows governmental plan status only for plans which are (1) established and maintained by a federally recognized tribe, a political subdivision of the tribe, or an agency or instrumentality of either, and (2) all of the employees of such entity are providing services for such entity in the performance of essential governmental functions which are not commercial activities. Examples provided in a general explanation of the provision suggest that a plan covering teachers in a tribal school would qualify, while a plan covering employees who are employed by a hotel, casino, service station, convenience store, or marina operated by a tribal government would not qualify. The provision is effective for plan years beginning on or after the date of enactment (e.g., January 1, 2007 for calendar year plans). Because of the restrictive language in the compromise bill, it is likely that many tribal governments will face a choice of either maintaining one plan (operated under the private employer rules of the IRC and ERISA) or bifurcating their plans into a governmental plan and a plan for all other employees. This result, as well as the legislation’s reliance on the “essential governmental function” vs. “commercial” distinction, caused many tribal representatives and organizations to seek deletion of the provision.

Although tribal leaders and national inter-tribal organizations lobbied against the eleventh hour inclusion of this restrictive language, it seems that Indian Country was a victim of the short calendar for the 109th Congress. In earlier versions of the bill, the damaging language was not included. When the House passed the bill with the language incorporated, its members promptly left town for the August recess. Members of the Senate were encouraged to move forward with the legislation with no amendments as the only chance to pass the much needed reform. However, the airline controversy mentioned above has prompted Majority Leader Bill Frist (R-TN) to promise that he will examine the discrepancy for air carriers in a future “technical corrections” bill. If a technical corrections bill moves forward, it could provide a vehicle for Indian Country to insert a favorable amendment, either replacing or removing the essential government requirement. For more information please contact our Washington, D.C. office.

Floor Action

Navajo-Hopi Land Settlement Amendments. On May 2, the Senate passed S. 1003, a bill to amend the Act of December 22, 1974, and for other purposes. The measure had two amendments: No. 3858, in the nature of a substitute; and No. 3859, to modify a provision relating to the authorization of appropriations.

Native American Technical Corrections Act of 2005. On May 2, the House concurred with an amendment by the Senate to H.R. 3351, the Native American Technical Corrections Act of 2005, a bill to make technical corrections to laws relating to Native Americans. The House passed the bill on November 16, 2005 and the Senate passed the bill with an amendment in the nature of substitute on April 7. The bill was signed by the President on May 12 and became Public Law 109-221.

Puyallup Indian Tribe. On May 9, the House passed S. 1382, under suspension of the rules. S. 1382 is a bill 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 passed by the Senate on October 24, 2005. The bill was signed by the President on May 18, 2006 becoming Public Law number 109-224. (The House Committee on Resources had previously reported a similar bill, H.R. 374, a bill to direct the Secretary of the Interior to take certain tribally-owned reservation land into trust for the Puyallup Indian Tribe, with an amendment, on April 25, H. Rept. 109-422.)

Indian Youth Telemental Health Demonstration Project Act. On May 11, the Senate passed S. 2245, a bill to establish an Indian youth telemental health demonstration project. The following day the measure was received in the House and referred to the Resources Committee and the Energy and Commerce Committee. The Resources Committee requested comment from the Department of Health and Human Services while the Energy and Commerce Committee referred the bill to their Subcommittee on Health. (The Senate Committee on Indian Affairs reported the bill on April 24, S. Rept. No. 109-250.)

National Methamphetamine Prevention Week. On May 15, the Senate agreed to S. Res. 313, expressing the sense of the Senate that a National Methamphetamine Prevention Week should be established to increase awareness of methamphetamine and to educate the public on ways to help prevent the use of that damaging narcotic. On April 6, under suspension of the rules, the House agreed to H. Res. 556, a similar bill expressing the House’s sense that a National Methamphetamine Prevention Week should be established.

Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation. On May 16, the House passed H.R. 2978, a bill to allow the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation to enter into a lease or other temporary conveyance of water rights recognized under the Fort Peck-Montana Compact for the purpose of meeting the water needs of the Dry Prairie Rural Water Association, Incorporated. The measure was received in the Senate on May 17 and referred to the Committee on Energy and Natural Resources. (The House Resources Committee favorably reported the bill on April 25, H. Rept. No. 109-419.)

FY 2007 Budget Resolution. On May 17, the House agreed to H. Con. Res. 376, the Budget Resolution for Fiscal Year 2007, a bill establishing the congressional budget for the United States Government for fiscal year 2007 and setting forth appropriate budgetary levels for fiscal years 2008 through 2011.

Interior, Environment and Related Agencies Appropriations Act, 2007. On May 18, the House passed H.R. 5386, making appropriations for the Department of the Interior, Environment, and Related Agencies for the fiscal year ending September 30, 2007. On June 29, the Senate Committee on Appropriations reported the bill, S. Rept. No. 109-275, and the bill was placed on the Senate Legislative Calendar. (The House Committee on Appropriations favorably reported the bill on May 10, H. Rept. No. 109-465.)

Military Construction, Military Quality of Life and Veterans Affairs Appropriations Act, 2007. On May 19, the House passed H.R. 5385, making appropriations for the military quality of life functions of the Department of Defense, military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2007, and for other purposes. On July 20, the Senate Committee on Appropriations reported the bill, S. Rept. 109-286, and the bill was placed on the Senate Legislative Calendar. (The House Committee on Appropriations favorably reported the bill on May 15, H. Rept. No. 109-464, Part I, which was amended the following day with H. Rept. No. 109-464, Part II.)

Lobbying Accountability and Transparency Act of 2006. On May 23, the Senate disagreed with House amendments to S. 2349, a bill to provide greater transparency with respect to lobbying activities and to amend the Federal Election Campaign Act of 1971 to clarify when organizations described in section 527 of the Internal Revenue Code of 1986 must register as political committees, and requested a conference. The Senate appointed Senators Lott (R-MS), Stevens (R-AK), McConnell (R-KY), Dodd (D-CT), and Inouye (D-HI) as conferees. On May 3, the House had passed the H.R. 4975, their version of the Lobbying Accountability and Transparency Act of 2006; but on May 23, the House inserted the entirety of H.R. 4975 into S. 2349 and passed the bill, as amended, sparking the Senate’s disagreement and appointment of conferees. The bill will proceed to conference once the House appoints conferees.

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2007. On May 23, the House passed H.R. 5384, a bill to make appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2007. On June 22, the Senate Committee on Appropriations reported the bill, S. Rept. No. 109-266, and the bill was placed on the Senate Legislative Calendar. (The House Committee on Appropriations favorably reported the bill on May 12, H. Rept. No. 109-463, Part I, and amended the report on May 16, H. Rept. No. 109-463, Part II.)

Energy and Water Development Appropriations Act, 2007. On May 24, the House passed H.R. 5427, making appropriations for energy and water development for the fiscal year ending September 30, 2007. On June 29, the Senate Committee on Appropriations reported the bill, S. Rept. No. 109-274, and the bill was placed on the Senate Legislative Calendar. (The House Committee on Appropriations favorably reported the bill on May 19, H. Rept. No. 109-474.)

Pueblo de San Ildefonso Claims Settlement Act. On May 24, the Senate passed S. 1773, to resolve certain Native American claims in New Mexico, after agreeing to the Committee amendments. The following day the measure was received in the House and referred to the Committee on Resources. The Committee subsequently requested comment from the Departments of Agriculture and Interior. The Committee marked-up S. 1773 on July 26, 2006 and ordered the bill favorably reported, with no amendments. (The Senate Committee on Indian Affairs favorably reported the bill on May 3, S. Rept. No. 109-252.)

Legislative Branch Appropriations Act, 2007. On June 7, the House passed H.R. 5521, a bill making appropriations for the Legislative Branch for the fiscal year ending September 30, 2007, and for other purposes. The same day the measure was received in the Senate and referred to the Committee on Appropriations. On June 22, the Senate Committee on Appropriations reported the bill, S. Rept. No. 109-267, and the bill was placed on the Senate Legislative Calendar. (The House Committee on Appropriations favorably reported the bill on June 1, S. 109-485.)

Native Hawaiian Government Reorganization Act of 2005. On June 8, the Senate failed to invoke cloture on S. 147, a bill to express the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity. By failing to invoke cloture, the measure could not proceed to full debate on the Senate floor and is considered dead for the remainder of the 109th Congress.

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2007. On June 9, the House passed H.R. 5522, a bill making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2007. The bill included an amendment, offered by Congresswoman Hooley (D-OR), that directs $10 million of international narcotics control and law enforcement funding toward counter methamphetamine efforts in Mexico. On July 10, the Senate Committee on Appropriations reported the bill, S. Rept. No. 109-277, and the bill was placed on the Senate Legislative Calendar. (The House Committee on Appropriations had favorably reported the bill on June 5, H. Rept. No.109-486.)

Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006. On June 13, the House passed the conference report to accompany H.R. 4939, making emergency supplemental appropriations for the fiscal year ending September 30, 2006. The Senate subsequently passed the report on June 15, 2006. The bill authorized $94.5 billion in spending. The House had originally passed H.R. 493 on March 16, 2006 and the Senate had passed its version on May 4, 2006. The bill was signed by the President on June 15, 2006, becoming Public Law 109-234.

Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia and Independent Agencies Appropriations Act, 2007. On June 14, the House passed H.R. 5576, a bill making appropriations for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, the District of Columbia, and independent agencies for the fiscal year ending September 30, 2007. The following day the measure was received in the Senate and referred to the Committee on Appropriations. The Senate Committee on Appropriations reported the bill on July 26, S. Rept. No. 109-293 and the bill was placed on the Senate Legislative Calendar. (The House Committee on Appropriations had favorably reported the bill on June 9, H. Rept. No.109-495.)

Department of Defense Appropriations, 2007. On June 20, the House passed H.R. 5631, making appropriations for the Department of Defense for the fiscal year ending September 30, 2007. The Senate Committee on Appropriations reported the bill on July 25, S. Rept. No. 109-292. The bill was considered by the Senate on August 1, 2, and 3, but not passed. (The House Committee on Appropriations favorably reported the bill on June 16, H. Rept. No. 109-504.)

Legislative Line Item Veto Act of 2006. On June 22, the House passed H.R. 4890, as amended, a bill to amend the Congressional and Impoundment Control Act of 1974 to provide for the expedited consideration of certain proposed rescissions of budget authority. The bill authorizes the President to propose the rescission of any dollar amount of discretionary budget authority or the rescission, in whole or in part, of any item of direct spending. This power is also known as the line item veto, because the President is allowed to remove items from the budget line by line. The measure was received in the Senate on June 23.

Science, State, Justice, Commerce, and Related Agencies Appropriations, 2007. On June 29, the House passed H.R. 5672, a bill making appropriations for the Departments of Science, State, Justice, and Commerce, and Related Agencies for the fiscal year ending September 30, 2007. The Senate Committee on Appropriations reported the bill on July 13, S. Rept. No. 109-280 and the bill was placed on the Senate Legislative Calendar. (The House Committee on Appropriations favorably reported the bill on June 22, H. Rept. No. 109-520.)

Shadow Wolves Transfer to U.S. Immigration and Customs Enforcement. On July 10, under suspension of the rules, the House passed H.R. 5589, a bill to direct the Secretary of Homeland Security to transfer to United States Immigration and Customs Enforcement all functions of the Customs Patrol Officers unit operating on the Tohono O’odham Indian reservation. The following day the measure was received in the Senate and referred to the Committee on Homeland Security and Governmental Affairs.

Unlawful Internet Gambling Enforcement Act of 2006. On July 11, the House passed H.R. 4411, a bill to prevent the use of certain payment instruments, credit cards, and fund transfers for unlawful Internet gambling, and for other purposes. Amendments recommended by the Committees on Financial Services and the Judiciary were not considered; rather the bill was passed as printed by the Rules Committee on July 5, 2006. This meant that provisions preventing the measure from affecting gaming on Indian lands were excluded. Concerns from tribes have not yet been resolved. On July 12, the bill was received in the Senate and considered read the first time. The following day the bill was considered read the second time and placed on the Senate Legislative Calendar. (The House Committee on the Judiciary favorably reported the bill on May 26, H. Rept. No. 109-412, Part II; the House Committee on Financial Services had favorably reported the bill on April 6, H. Rept. No. 109-412, Part I.)

Department of Homeland Security Appropriations Act, 2007. On July 13, the Senate passed H.R. 5441, a bill making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2007. The bill passed the House on June 6, but the bodies passed different versions and so must proceed to conference. The Senate has appointed Senators Gregg (R-NH), Cochran (R-MS), Stevens (R-AK), Specter (R-PA), Domenici (R-NM), Shelby (R-AL), Craig (R-ID), Bennett (R-UT), Allard (R-CO), Byrd (D-WV), Inouye (D-HI), Leahy (D-VT), Mikulski (D-MD), Kohl (D-WI), Murray (D-WA), Reid (D-NV), and Feinstein (D-CA) as conferees. (The House Committee favorably reported the bill on May 22, H. Rept. No. 109-476; the Senate Committee on Appropriations favorably reported the bill on June 29, S. Rept. No. 109-273.)

National Trails System Act Amendments. On July 17, under suspension of the rules, the House passed H.R. 3085, as amended, a bill to amend the National Trails System Act to update the feasibility and suitability study originally prepared for the Trail of Tears National Historic Trail and to provide for the inclusion of new trail segments, land components, and campgrounds associated with that trail. The following day the measure was received in the Senate. On August 4, the Senate referred the measure to Committee on Energy and Natural Resources. (The House Committee on Resources favorably reported the bill on July 10, H. Rept. No. 109-549.)

Water Resources Development Act. On July 19, the Senate passed H.R. 2864, a bill to provide for the conservation and development of water and related resources and to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, after striking everything in the House bill after the enacting clause, and inserting in lieu thereof, the text of S. 728, the Senate companion measure. Notice of the Senate’s action was sent to the House the following day.

Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006. On July 20, the Senate passed H.R. 9, a bill to amend the Voting Rights Act of 1965. The House had passed H.R. 9 on July 13, 2006. On July 27, the bill was signed by the President and became Public Law 109-246.

Utu Utu Gwaitu Paiute Tribe Lands in Trust. On July 24, the House passed H.R. 854, a bill to provide for certain lands to be held in trust for the Utu Utu Gwaitu Paiute Tribe. The following day the measure was received in the House and referred to Senate Committee on Indian Affairs. (The House Committee on Resources favorably reported the bill on July 13, H. Rept. No. 109-557.)

Improving Outcomes for Children Affected by Meth Act of 2006. On July 25, under suspension of the rules, the House passed S. 3525, as amended, a bill to amend subpart 2 of part B of title IV of the Social Security Act to improve the outcomes for children in families affected by methamphetamine abuse and addiction and to reauthorize the Promoting Safe and Stable Families program. The Senate passed the bill on July 13, 2006. Following House passage and amendment, a message was sent to the Senate informing the body of the House’s change to the Senate bill. (The Senate Committee on Finance favorably reported the bill on June 15, without a written report.)

Indian Child Protection and Family Violence Prevention Act Amendments. On August 3, the Senate passed S. 1899, a bill to amend the Indian Child Protection and Family Violence Prevention Act to identify and remove barriers to reducing child abuse and to provide for examinations of certain children, after agreeing to the committee amendment in the nature of a substitute, and an amendment offered by Majority Leader Bill Frist (R-TN) on behalf of Chairman John McCain (R-AZ) of the Senate Committee on Indian Affairs. The following day a message on the Senate action was sent to the House. (The Senate Committee on Indian Affairs favorably reported the bill on May 18, S. Rept. No. 109-255.)

 

Committee Action

Reports

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2007. On June 20, the House Committee on Appropriations reported H.R. 5647, a bill making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2007 (H. Rept. No. 109-109-515).

Internet Gambling Prohibition Act. On July 10 the House Committee on the Judiciary reported H.R. 4777, a bill to amend title 18 of the United States Code to expand and modernize the prohibition against interstate gambling, and for other purposes, with an amendment (H. Rept. 109-552, Pt. 1). Later that day H.R. 4777 was referred to the House Committee on Energy and Commerce for a period ending not later than Sept. 15, 2006 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee.

Shivwits Band of the Paiute Indian Tribe of Utah Water Rights Settlement Act Amendments. On July 24, the Senate Committee on Indian Affairs reported S. 3501, a bill to amend the Shivwits Band of the Paiute Indian Tribe of Utah Water Rights Settlement Act to establish an acquisition fund for the water rights and habitat acquisition program (S. Rept. No. 109-291).

Medicare, Medicaid, and SCHIP Indian Health Care Improvement Act of 2006. On July 12, the Senate Committee on Finance filed a report, ordered on June 15, to accompany S. 3524, an original bill to amend titles XVIII, XIX, and XXI of the Social Security Act to improve health care provided to Native Americans under the Medicare, Medicaid, and State Children’s Health Insurance Programs, and for other purposes.

Fort McDowell Indian Community Water Rights Settlement Act Amendments. On July 19, the Senate Committee on Indian Affairs reported S. 2464, a bill to revise a provision relating to a repayment obligation of the Fort McDowell Yavapai Nation under the Fort McDowell Indian Community Water Rights Settlement Act of 1990 (S. Rept. No. 109-284). The measure was then placed on the Senate Calendar.

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2007. On July 20, the Senate Committee on Appropriations reported S. 3708, a bill making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2007 (S. Rept. No. 109-287). The House version, H.R. 5647, was favorably reported by the Appropriations Committee on June 20, H. Rept. No. 109-5815, but has not yet been passed by the House.

Indian Land Consolidation Act Amendments of 2006. On July 26, the Senate Committee on Indian affairs reported S. 3526, a bill to amend the Indian Land Consolidation Act to modify certain requirements under that Act (S. Rept. No. 109-294).

Federal Funding Accountability and Transparency Act of 2006. On August 2, the Senate Committee on Homeland Security and Governmental Affairs reported S. 2590 (Coburn, R-OK), a bill to require full disclosure of all entities and organizations receiving Federal funds, with an amendment in the nature of a substitute. The bill requires that the Office of Management and Budget create and maintain a database for “entities” who receive “federal funding,” and the definitions for those terms are currently broadly defined so as to apply to many tribes. For example, tribes who participate in Self-Governance would be included in the database in their role as contractors.

Markups

Medicare, Medicaid and SCHIP Indian Health Care Improvement Act and Improving Outcomes for Children Affected by Meth Act. On June 8, the Senate Committee on Finance marked-up two original bills, S. 3524 and S. 3525. The Medicare, Medicaid and SCHIP (State Children’s Health Insurance Program) Indian Health Care Improvement Act, S. 3524, introduced by Committee Chairman Charles Grassley (R-IA), is the corollary to S. 1057, the Indian Health Care Improvement Act, which was reported by the Committee on Indian Affairs on March 16, 2006 (S. Rept. No. 109-222). Originally reported out of the Committee without a written report, Senator Grassley filed a report to accompany S. 3524 on July 12, S. Rept. No. 109-278.

The second bill, S. 3525, Improving Outcomes for Children Affected by Meth Act, makes a number of changes designed to give families improved access to effective and comprehensive treatment. Additionally, the bill reauthorizes the Promoting Safe and Stable Families (PSSF) program, makes technical corrections to the PSSF program and increases the authorized amount of mandatory funding to tribes in the Social Security Act for funding programs aimed at drug prevention, drug treatment, parenting skills training and counseling. Also originally reported without a written report, S. Rept. No. 109-269 was filed on June 23, 2006. S. 3525 was passed by the Senate on July 13, with an amendment, and passed the House on July 25, also amended.

Indian Health Care Improvement Act Amendments of 2006 and Other Pending Legislation. On June 21, the House Resources Committee marked-up and ordered favorably reported 27 measures, including four Indian-related bills. H.R. 5312, a bill to revise and extend the Indian Health Care Improvement Act, was ordered reported favorably, with an amendment in the nature of a substitute. The corollary bill to H.R. 5312, S. 3524 (see above), was reported out of the Senate Finance Committee on May 8, 2006. The Indian Healthcare Improvement Act Amendments of 2006 has since been referred to the House Committee on Energy and Commerce and the Ways and Means Committee.

H.R. 512, a bill to require the prompt review by the Secretary of the Interior of the longstanding petitions for Federal recognition of certain Indian tribes, and for other purposes, was passed without amendment by a voice vote. H.R. 854, a bill to provide for certain lands to be held in trust for the Utu Utu Gwaitu Paiute Tribe was favorably reported, as amended. H.R. 3085, a bill to amend the National Trails System Act was also ordered reported favorably, with amendments in the nature of a substitute. H.R. 3085 would, among other things, update the feasibility and suitability study originally prepared for the Trail of Tears National Historic Trail and provide for the inclusion of new trail segments, land components, and campgrounds associated with that trail.

Off Reservation Gaming, and Other Pending Legislation. On July 26, the House Resources Committee marked-up four bills in the following order: H.R. 4893, introduced by Committee Chairman Richard Pombo (R-CA), a bill to amend section 20 of the Indian Gaming Regulatory Act to restrict off-reservation gaming was order reported favorably with an amendment in the nature of substitute. The bill was further amended by Congressmen Don Young (R-AK) and Dale Kildee (D-MI). H.R. 479 and H.R. 5861, bills unrelated to Indian Country, were ordered reported with amendments in the nature of a substitute. Finally, S. 1773 introduced by Senator Pete Domenici (R-NM), the Pueblo of San Ildefonso Claims Settlement Act of 2005, a bill to resolve certain Native American claims in New Mexico was ordered reported without amendment.

Pending Legislation. On August 2, the Senate Committee on Indian Affairs marked-up three bills in the following order: S. 374, the Tribal Parity Act, a bill to provide compensation to the Lower Brule and Crow Creek Sioux Tribes of South Dakota for damage to tribal land caused by Pick-Sloan projects along the Missouri River. The bill, introduced by Senator John Thune (R-SD), was ordered reported favorably, with an amendment in the nature of a substitute offered by Senator Tim Johnson (D-SD). S. 660, the Lumbee Recognition Act, a bill to provide for the acknowledgement of the Lumbee Tribe of North Carolina was reported favorably, without amendment. Finally, S. 1535, the Cheyenne River Sioux Equitable Compensation Amendments Act of 2005, a bill 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, was ordered reported favorably, with an amendment in the nature of a substitute offered Senator Johnson again.

Hearings

Secretary of the Interior Nomination – Governor Dirk Kempthorne (R-ID). On May 4, the Senate Energy and Natural Resources Committee held a hearing on Governor Dirk Kempthorne’s nomination to the post of Secretary of the Interior. Governor Kempthorne was subsequently confirmed as Secretary of the Interior on May 26 and sworn in on June 7.

Hydro Power – Implementation of the Energy Policy Act of 2005. On May 8, the Senate Energy and Natural Resources Committee held a hearing on implementation of the provisions of the Energy Policy Act of 2005 that affect the licensing of hydroelectric facilities. Andrew Fahlund expressed concerns that the Act had inherent advantages for industry and inherent disadvantages for groups including federally recognized tribes. The following witnesses presented testimony:

• Mark Robinson, Director, Office of Energy Projects, Federal Energy Regulatory Commission;

• Larry Finfer, Acting Director, Office of Policy Analysis, Department of the Interior;

• Dan Adamson, Vice-Chair, Legislative Committee, National Hydropower Association; and

• Andrew Fahlund, Vice-President, Protection and Restoration, American Rivers.

Economic Development in Indian Country. On May 10, the Senate Committee on Indian Affairs held a hearing on economic development in Indian Country. Tribal witnesses stressed the limited opportunities within Indian Country to initiate economic development and identified specific legislative improvements that could be made. The following witnesses presented testimony:

• Dr. Robert Middleton, Director, Office of Indian Energy and Economic Development, Office of the Assistant Secretary for Indian Affairs;

• Honorable Joe Garcia, President, National Congress of American Indians and Governor of the Ohkay Owingeh;

• Honorable Tex Hall, Chairman, Board of Directors, Inter-Tribal Economic Alliance and Chairman of the Mandan, Hidatsa, and Arikara Nation;

• Lance Morgan, Chief Executive Office, Ho-Chunk Incorporated;

• Elsie Meeks, Executive Director, First Nations Oweetsa Corporation; and

• Miriam Jorgenson, Research Director, the Harvard Project on American Indian Economic Development.

Indian Youth Suicide. On May 17, the Senate Committee on Indian Affairs held a hearing on Indian youth suicide. In support of witnesses who identified a severe lack of resources to combat the crisis of Indian youth suicide, Mr. Curie requested that the Committee consider ensuring that tribes are eligible for all grants dedicated to suicide prevention available to state governments. The Committee heard testimony from:

• Jerry Gidner, Deputy Director, Tribal Services, Bureau of Indian Affairs;

• Dr. Charles Grim, Director, Indian Health Service;

• Charles Curie, Administrator, Substance Abuse and Mental Health Services Administration (SAMHSA);

• Donna Vigil, Director, Division of Health Program, White Mountain Apache Tribe;

• Honorable William Martin, Chairman, Alaska State Suicide Prevention Council and First Vice-President, Central Council of Tlingit and Haida Indian Tribes of Alaska;

• Dr. Dale Walker, Director, One Sky Center, American Indian/Alaska Native National Resource Center for Substance Abuse and Mental Health Services; and

• Jo Ann Kauffman, Project Director, Native Aspirations Project.

Native American Economic Self-Determination. On May 23, the Senate Finance Committee held a hearing on economic self-determination in Indian Country. The purpose of the hearing was to receive testimony addressing the current prohibition on tribally issued tax-exempt bonds that limits their issuance to “essential government functions” only. Testimony was given by:

• Raymond Etcitty, Chief Legislative Counsel, Navajo Nation Office of Legislative Counsel;

• Lenor Scheffler, attorney, Best & Flanagan LLP;

• Dr. Gavin Clarkson, Assistant Professor, University of Michigan;

• Scott Schickli, attorney, Orrick, Herrington & Sutcliffe LLP; and

• Wayne Shammel, General Counsel, Cow Creek Band of Umpqua Tribe of Indians.

Indian Education. On May 25, the Senate Committee on Indian Affairs held a hearing on Indian education. During the hearing Ms. Marburger announced the release of Part I of the National Indian Education Study: The Performance of American Indian and Alaska Native Fourth- and Eighth-Grade Students on NAEP 2005 Reading and Mathematics Assessments. The purpose of the study was to provide educators and policymakers with reliable data since most other studies examine such small populations of Alaska Natives and American Indians that their findings are statistically insignificant. The following witnesses presented testimony:

• Jim Cason, Associate Deputy Secretary, Bureau of Indian Affairs;

• Darla Marburger, Deputy Assistant Secretary for Policy, Office of Elementary and Secondary Education, U.S. Department of Education;

• Ryan Wilson, President, National Indian Education Association;

• Ivan Small, Secretary, National Association of Federally Impacted Schools Board and President of the National Indian Impacted Schools Association;

• Beth Kirsch, Series Producer of “Between the Lions,” WGHB; and

• David Gipp, President, United Tribes Technical College.

Tribal Lands Compensation. On June 14, the Senate Committee on Indian Affairs held a hearing on S. 374, the “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; and S. 1535, the “Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2005.” The Committee received testimony from:

• Robin Nazzaro, Director, Natural Resources and Environment, Government Accountability Office;

• Honorable Michael Jandreau, Chairman, Lower Brule Sioux Tribe;

• Honorable Lester Thompson, Chairman, Crow Creek Sioux Tribe;

• Dr. Michael Lawson, Consultant, Morgan, Angel & Associates;

• Honorable Harold Frazier, Chairman, Cheyenne River Sioux Tribe; and

• Sharon Vogel, Cheyenne River Sioux Tribe.

Illegal Immigration on Public and Tribal Lands. On June 15, the House Appropriations Subcommittee on the Interior, Environment and Related Agencies held a hearing on the effects of illegal immigration on public and tribal lands, focusing on the budgets of federal land management agencies, potential environmental harms and the impact on visitors to National Parks and lands. The testimony of both Mr. McDonald and Representative Tancredo focused on tribal lands, using the Tohono O’odham Nation as an example. Different from other federal lands, unique harms to tribal land include camping in historic villages, damaging culturally-sensitive natural resources and disturbing burial sites. Testimony was given by:

• William Civish, Gila District Manager, Bureau of Land Management;

• Mitch Ellis, Refuge Manager, Buenos Aires National Wildlife Refuge;

• Kathy Billings, Superintendent, Organ Pipe Cactus National Monument;

• Selanhongva McDonald, Western Regional Office, Bureau of Indian Affairs;

• Tina Terrell, Forest Supervisor, Cleveland National Forest;

• Representative Thomas Tancredo (R-CO); and

• Representative Raúl Grijalva (D-AZ).

Navajo-Hopi Land Settlement. On June 20, the House Resources Committee held a hearing on S. 1003, the “Navajo-Hopi Land Settlement Amendments of 2005,” a bill to amend the Act of December 22, 1974, and for other purposes. The Bureau of Indian Affairs’ testimony made it clear that they would not be able to take over the responsibilities of the Office of Navajo and Hopi Indian Relocation if the physical relocation of families was not already completed. The following witnesses presented testimony:

• William Ragsdale, Director, Bureau of Indian Affairs;

• Paul Tessler, Legal Counsel, Office of Navajo and Hopi Indian Relocation;

• Honorable Ivan Sidney, Chairman, Hopi Tribe;

• Honorable Joe Shirley, President, Navajo Nation; and

• Raymond Maxx, Delegate, Navajo Nation Council.

S. 480, Thomasine E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2005 and S. 437 the Grand River Bands of Ottawa Indians of Michigan Referral Act. On June 21, the Senate Committee on Indian Affairs held a hearing on S. 480, a bill to extend Federal recognition to the Chickahominy Indian Tribe, the Chickahominy Indian Tribe-Eastern Division, the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian Nation, and the Nansemond Indian Tribe, and S. 437, a bill to expedite review of the Grand River Bands of Ottawa Indians of Michigan to secure a timely and just determination of whether that group is entitled to recognition as a Federal Indian tribe. The Committee received testimony from:

• Senator George Allen (R-VA);

• Senator John Warner (R-VA);

• Representative James Moran (D-VA);

• Lee Fleming, Director, Office of Federal Acknowledgement, Department of the Interior;

• Honorable Stephen Adkins, Chief, Chickahominy Indian Tribe;

• Dr. Helen Rountree, Professor Emeritus of Anthropology, Old Dominion University;

• Honorable Ron Yob, Chairman, Grand River Bands of Ottawa Indians of Michigan;

• Rev. David Willerup, Pastor, Westwood Reform Church; and

• Michael O’Connor, President, Virginia Petroleum, Convenience and Grocery Association.

Alaska Native Corporations and Federal Procurement. On June 21, the House Committee on Government Reform and the Small Business Committee held a joint hearing on the effect of Alaska Native Corporations (ANCs) on federal procurement. The hearing focused on the 8(a) program, a program within the Small Business Administration designed to assist eligible small disadvantaged businesses to compete within the American economy through business development. Alaska Native Corporations, and all other state or federally recognized tribes, are subject to some unique rules within the program. These include an exclusion from the limitation on the size of a sole source contract that may be awarded to a tribe or ANC and an exclusion from the limit on the number of businesses a tribe may have in the 8(a) program at one time. The following witnesses presented testimony:

• Representative Don Young (R-AK), Chairman, House Committee on Transportation and Infrastructure;

• Calvin Jenkins, Deputy Associate Deputy Administrator, Office of Government Contracting and Business Development, U.S. Small Business Administration;

• David Cooper, Director, Acquisition and Sourcing Management, Government Accountability Office;

• Frank Ramos, Director, Small Business Programs, Office of the Under Secretary of Defense Acquisition, Technology & Logisitics, Department of Defense;

• Melodee Stith, Associate Director, Acquisition and Financial Assistance, Office of Acquisition and Property Management, Department of the Interior;

• Harry Alford, President and CEO, National Black Chamber of Commerce;

• Ann Sullivan, President, Madison Services Group, Inc., on behalf of Women Impacting Public Policy;

• Chris McNeil Jr., Chairman, Native American Contractors Association and CEO, Sealaska Corporation;

• Helvi Sandvik, President, NANA Development Corporation;

• Bart Garber, CEO, Tyonek Native Corporation;

• Charles Totemoff, CEO, Chenega Corporation; and

• Julie Kitka, President, Alaska Federation of Natives.

Mni Wiconi Rural Water Supply Project. On June 28, the Senate Energy and Natural Resources Committee held a hearing on pending legislation, including S. 3404, a bill to reauthorize the Mni Wiconi Rural Water Supply Project. The Project, authorized in 1988, was designed to supply water to the Lower Brule and Pine Ridge reservations as well as nine southwestern South Dakota counties. The Rosebud reservation was to be eventually added. Mr. William Rinne, Acting Commissioner of the Bureau of Reclamation, indicated his support for the reauthorization, suggesting that its sunset date be extended from 2012 to 2013.

Native American Housing. On June 28, the Senate Committee on Indian Affairs held a hearing on Native American housing programs. Testimony was given by:

• Orlando Cabrera, Assistant Secretary, Office of Public and Indian Housing, Department of Housing and Urban Development;

• Pattye Green, Senior Business Manager of Native American initiatives, Fannie Mae Foundation;

• Marty Shuravloff, Chairman, National American Indian Housing Council;

• Honorable A.D. Ellis, Principal Chief, Muscogee Creek Nation; and

• Honorable James Steele Jr., Chairman, Confederated Salish and Kootenai Tribes of the Flathead Reservation.

Lumbee Tribe Acknowledgement. On July 12, the Senate Committee on Indian Affairs held a hearing on S. 660, a bill to provide for the acknowledgement of the Lumbee Tribe of North Carolina, and for other purposes. The bill is known as the Lumbee Recognition Act. Mr. Fleming informed the Committee that six additional groups who identify as Lumbee have submitted letters of intent to undergo the federal recognition process. Mr. Fleming respectfully requested that if Congress grants the Lumbee recognition, they should clarify whom exactly any legislation recognizes. The following witnesses presented testimony:

• Senator Elizabeth Dole (R-NC);

• Representative Mike McIntyre (D-NC);

• Lee Fleming, Director, Office of Federal Acknowledgment, Department of Interior;

• Honorable Jimmy Goins, Chairman, Lumbee Tribe of North Carolina;

• Honorable Michell Hicks, Principal Chief, Eastern Band of Cherokees; and

• Dr. Jack Campisi, Anthropologist/Consultant for the Lumbee Tribe of North Carolina.

Tribal Labor Relations. On July 20, the House Education and the Workforce Subcommittee on Employer-Employee Relations held a hearing on H.R. 16, the Tribal Labor Relations Restoration Act of 2005. The Act would reverse a controversial decision made in the spring of 2004 by of the National Labor Relations Board (NLRB) to extend its jurisdiction to include activities conducted by Native American tribes on Native American lands. Chairman Sam Johnson (R-TX), Vice-Chairman John Kline (R-MN), Congressman Dale Kildee (D-MI) and Congresswoman Betty McCollum (D-MN) all indicated support for tribal sovereignty with respect to the National Labor Relations Act. The following witnesses presented testimony:

• Representative J.D. Hayworth (R-AZ);

• Ronald Johnson, Secretary and Treasurer, Prairie Island Indian Community Tribal Council;

• Philip Harvey, Associate Professor, Rutgers School of Law; and

• Honorable Joe Garcia, President, National Congress of the American Indians and Governor of the Ohkay Owingeh.

Removing Barriers to Homeownership for Native Americans. On July 31, the House Financial Services Subcommittee on Housing and Community Opportunity held a field hearing in Camp Verde, Arizona. The hearing focused on three topics: (1) the unique relationship between Native American tribes and the U.S. government; (2) the current housing situation on reservations; and (3) the barriers and solutions to obtaining a home and financing housing. Testimony was heard from:

• George DuCharme, Director, Office of Land Titles and Records, Confederated Salish and Kootenai Tribes;

• Honorable Jamie Fullmer, Chairman, Yavapai-Apache Nation;

• Honorable Kathleen Kitcheyan, Chairwoman, San Carlos Apache Tribe;

• Honorable Mike Marchand; Chairman, Confederated Tribes of the Colville Reservation;

• Honorable Joe Shirley, President, Navajo Nation;

• Orlando Cabrera, Assistant Secretary, Office of Public and Indian Housing, Department of Housing and Urban Development;

• Eddie Browning, Director, Arizona Rural Development;

• Allen Anspach, Director, Western Region, Bureau of Indian Affairs;

• Steven Barbier, Management Consultant, Neighborhood Reinvestment Corporation;

• Chester Carl, CEO, Navajo Nation Housing Authority;

• Pattye Green, Senior Business Manager of Native American initiatives, Fannie Mae;

• Ed Hellewell, Senior Vice-President and Senior Underwriting Counsel, Stewart Title Guaranty Company, testifying on behalf of the American Land Title Association;

• Marty Shuravloff, Chairman, National American Indian Housing Council; and

• Tim Simons, Assistant Vice-President, Federal Home Loan Bank of San Francisco.

 

Indian Legislation Introduced - Second Quarter

House

Bills

H.R. 5222 (Case, D-HI). Native American Languages Amendments Act of 2006. A bill to amend the Native American Languages Act to provide for the support of Native American language survival schools, and for other purposes; referred to the Committee on Education and the Workforce on April 27 and then to the Subcommittee on 21st Century Competitiveness on May 24, 2006.

H.R. 5225 (DeGette, D-CO). Diabetes Prevention Access and Care Act. A bill to amend the Public Health Service Act to prevent and cure diabetes and to promote and improve the care of individuals with diabetes for the reduction of health disparities within racial and ethnic minority groups, including the African-American, Hispanic American, Asian American and Pacific Islander, and American Indian and Alaskan Native communities; referred to the Committee on Energy and Commerce on April 27 and then to the Subcommittee on Health on May 15, 2006.

H.R. 5289 (Johnson, R-IL). Protection of University Governance Act of 2006. A bill to provide institutions of higher education with a right of action against entities that improperly regulate intercollegiate sports activities; referred to the Committee on Education and the Workforce on May 4 and then to the Subcommittee on 21st Century Competitiveness on May 24, 2006.

H.R. 5394 (Hooley, D-OR). A bill to waive application of the Indian Self-Determination and Education Assistance Act to a specific parcel of real property transferred by the United States to 2 Indian tribes in Oregon, and for other purposes; referred to the Committee on Resources on May 16, 2006. Executive comment was requested from the Interior on May 24, 2006.

H.R. 5564 (Herseth, D-SD). Indian Country Educational Empowerment Zone Act. A bill to facilitate economic growth and development and to promote Tribal sovereignty, by encouraging a dramatic increase in the number of individuals with higher education degrees working within and for Indian Country; referred to the Committee on Education and the Workforce on June 8, 2006 then to the Subcommittee on 21st Century Competitiveness on July 24, 2006.

H.R. 5565 (Herseth, D-SD). Oglala Sioux Tribe Angostura Irrigation Project Modernization and Development Act. A bill to enhance and provide to the Oglala Sioux Tribe and Angostura Irrigation Project certain benefits of the Pick-Sloan Missouri River basin program; referred to the Committee on Resources on June 8, 2006. Executive comment was requested from the Interior on June 21 and the bill was referred to the Subcommittee on Water and Power.

H.R. 5617 (Young, R-AK). 13th Regional Corporation Land Entitlement Act. A bill to amend the Alaska Native Claims Settlement Act to provide an equitable distribution of land to the 13th Alaska Native Regional Corporation; referred to the Committee on Resources on June 14, 2006. Executive comment was requested from the Interior on June 16, 2006.

H.R. 5639 (Herseth, D-SD). A bill to reauthorize the Mni Wiconi Rural Water Supply Project; referred to the Committee on Resources on June 19, 2006. Executive comment was requested from the Interior on June 27 and the bill was referred to the Subcommittee on Water and Power.

H.R. 5779 (Udall, D-CO). A bill 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; referred to the Committee on Resources on July 12, 2006. Executive comment from the Interior was requested on July 18, 2006.

H.R. 5780 (Udall, D-CO). A bill to amend the Indian Financing Act of 1974 to provide for sale and assignment of loans and underlying security, and for other purposes; referred to the Committee on Resources on July 12, 2006. Executive comment from the Interior was requested on July 18, 2006.

H.R. 5781 (Young, R-AK). Copper Valley Native Allotment Resolution Act of 2006. A bill to grant rights-of-way for electric transmission lines over certain Native allotments in the State of Alaska; referred to the Committee on Resources on July 12, 2006. Executive comment from the Interior was requested on July 18, 2006.

H.R. 5804 (Rehberg, R-MT). Little Shell Tribe of Chippewa Indians Restoration Act of 2006. A bill to extend the Federal relationship to the Little Shell Tribe of Chippewa Indians of Montana as a distinct federally recognized Indian tribe, and for other purposes; referred to the Committee on Resources on July 13, 2006. Executive comment from the Interior was requested on July 18, 2006.

H.R. 5806 (Solis, D-CA). Communities of Color Teen Pregnancy Prevention Act of 2006. A bill to make grants for activities to prevent teen pregnancy in racial or ethnic minority or immigrant communities, and for other purposes; referred to the Committee on Energy and Commerce on July 13, 2006.

H.R. 5823 (Kelly, R-NY). Protecting Communities from Power Line Abuse Act. A bill to amend certain provisions of the Federal Power Act added by the Energy Policy Act of 2005 relating to the use of eminent domain authority for the construction of electric power lines, and for other purposes; referred to the Committee on Energy and Commerce on July 18, 2006.

H.R. 5842 (Pearce, R-NM). Pueblo of Isleta Settlement and Natural Resources Restoration Act of 2006. A bill to compromise and settle all claims in the case of Pueblo of Isleta v. United States, to restore, improve, and develop the valuable on-reservation land and natural resources of the Pueblo, and for other purposes; referred to the Committee on Resources on July 19, 2006. Executive comment from the Interior was requested on July 26, 2006.

H.R. 5868 (Grijalva, D-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; referred to the Committee on Education and the Workforce, and to the Committee on Resources on July 24, 2006, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. Executive comment from the Interior was requested on July 31, 2006.

H.R. 5878 (Cummings, D-MD). Minority Entrepreneurship and Innovation Pilot Program of 2006. A bill to establish a 2-year pilot program to develop a curriculum at historically Black colleges and universities, Tribal colleges and universities, and Hispanic-serving institutions to foster entrepreneurship and business development in underserved minority communities; referred to the Committee on Education and the Workforce, and to the Committee on Small Business on July 25, 2006, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

H.R. 4 (Boehner, R-OH). Pension Protection Act of 2006. A bill to provide economic security for all Americans, and for other purposes; referred to the Committee on Ways and Means on July 28, 2006. The bill was also considered and passed by the Committee of the Whole House on the same day. The Senate passed the bill on August 3, 2006. It was signed by the President on August 17, becoming Public Law: 109-280.

Resolutions

H. Res. 829 (Souder, R-IN). A resolution expressing the sense of the House of Representatives that the Shadow Wolves should be preserved and fostered as one unit, located on the Tohono O’odham lands; referred to the Committee on Homeland Security on May 19, 2006 and then to the Subcommittee on Economic Security, Infrastructure Protection, and Cybersecurity on May 23, 2006.

H. Res. 977 (McCollum, D-MN). A resolution reinforcing the Federal Government’s Federal trust relationship and commitment to working with American Indian Nations to empower, promote, and support the educational development of American Indian and Alaska Native children and youth; referred to the Committee on Education and the Workforce, and to the Committee on Resources on July 28, 2006, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. Executive comment from the Interior was requested on August 2, 2006.

Concurrent Resolutions

H. Con. Res. 429 (Meeks, D-NY). Concurrent resolution recognizing the low presence of minorities in the financial services industry and minorities and women in upper level positions of management, and expressing the sense of the Congress that active measures should be taken to increase the demographic diversity of the financial services industry; referred to the Committee on Financial Services and the Committee on Education and the Workforce, on June 13, 2006 and then to the Subcommittees on Employer-Employee Relations, 21st Century Competitiveness and Education Reform on July 24, 2006.

Senate

Bills

S. 2552 (McCain, R-AZ). Indian Tribes Methamphetamine Reduction Grants Act of 2006. A bill to amend the Omnibus Control and Safe Streets Act of 1968 to clarify that Indian tribes are eligible to receive grants for confronting the use of methamphetamine, and for other purposes; referred to the Committee on the Judiciary on April 5.

S. 2586 (Kerry, D-MA). Minority Entrepreneurship and Innovation Pilot Program of 2006. A bill to establish a 2-year pilot program to develop a curriculum at historically Black colleges and universities, Tribal Colleges, and Hispanic-serving institutions to foster entrepreneurship and business development in underserved minority communities; referred to the Committee on Small Business and Entrepreneurship on April 6.

S. 2615 (Murkowski, R-AK). A bill to provide equitable treatment for the people of the Village Corporation established for the Native Village of Saxman, Alaska, and for other purposes; referred to the Committee on Energy and Natural Resources on April 7.

S. 2659 (Akaka, D-HI). Native American Veterans Cemetery Act of 2006. A bill to amend title 38, United States Code, 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 on April 26. On June 8, the Veterans’ Affairs Committee held a hearing on the legislation.

S. 2674 (Akaka, D-HI). Native American Languages Act Amendments Act of 2006. A bill to amend the Native American Languages Act to provide for the support of Native American language survival schools, and for other purposes; referred to the Committee on Indian Affairs on April 27.

S. 2825 (Bingaman, D-NM). Border Health Security Act of 2006. A bill to establish grant programs to improve the health of border area residents and for bioterrorism preparedness in the border area, and for other purposes; referred to the Committee on Health, Education, Labor, and Pensions on May 17, 2006.

S. 2912 (DeWine, R-OH). Great Lakes Coordination and Oversight Act of 2006. A bill to establish the Great Lakes Interagency Task Force, to establish the Great Lakes Regional Collaboration, and for other purposes; referred to the Committee on Environment and Public Works on May 19, 2006. The bill proposes the creation of a four-member Executive Council, where one member is tribally elected tribal representative. On May 23, the bill was favorably reported by the Committee.

S. 3000 (Stevens, R-AK). Copper Valley Native Allotment Resolution Act of 2006. A bill to grant rights-of-way for electric transmission lines over certain Native allotments in the State of Alaska; referred to the Committee on Energy and Natural Resources on May 24, 2006.

S. 3064 (Akaka, D-HI). Native Hawaiian Government Reorganization Act of 2006. A bill to express the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity; read the first time; introduced on May 25, 2006. The following day the bill was placed on the Senate Legislative Calendar.

S. 3449 (Dodd, D-CT). Child and Adolescent Mental Health Resiliency Act of 2006. A bill to amend the Public Health Service Act to improve the quality and availability of mental health services for children and adolescents; referred to the Committee on Health, Education, Labor, and Pensions on June 6, 2006.

S. 3501 (McCain, R-AZ). A bill to amend the Shivwits Band of the Paiute Indian Tribe of Utah Water Rights Settlement Act to establish an acquisition fund for the water rights and habitat acquisition program; referred to the Committee on Indian Affairs on June 13, 2006. The bill was ordered reported favorably on June 22. The written report was filed on July 24, S. Rept. No. 109-291, and the bill was placed on the Senate Legislative Calendar.

S. 3524 (Grassley, R-IA). Medicare, Medicaid, and SCHIP Indian Health Care Improvement Act of 2006. An original bill, from the Committee on Finance, to amend titles XVIII, XIX, and XXI of the Social Security Act to improve health care provided to Native Americans under the Medicare, Medicaid, and State Children’s Health Insurance Programs, and for other purposes; placed on the calendar on June 15, 2006. A written report to accompany the bill was filed on July 12, S. Rept. No. 109-278.

S. 3525 (Grassley, R-IA). Improving Outcomes for Children Affected by Meth Act of 2006. An original bill, from the Committee on Finance, to amend subpart 2 of part B of title IV of the Social Security Act to improve outcomes for children in families affected by methamphetamine abuse and addiction, to reauthorize the Promoting Safe and Stable Families program, and for other purposes; placed on the calendar on June 15, 2006. A written report was filed on June 23, S. Rept. No. 109-69, and the bill was passed in the Senate on July 13. On July 25, the bill was amended and passed in the House, requiring a conference on the bill before it is available for Presidential signing.

S. 3526 (McCain, R-AZ). Indian Land Consolidation Act Amendments of 2006. A bill to amend the Indian Land Consolidation Act to modify certain requirements under that Act; referred to the Committee on Indian Affairs on June 15, 2006. On June 22, the bill was ordered reported favorably, with a written report following in July 26, S. Rept. No. 109-294. The measure was subsequently placed on the Senate Legislative Calendar.

S. 3565 (Domenici, R-NM). A bill to designate Sandoval County, Valencia County, and Torrance County, New Mexico, as new Southwest Border High Intensity Drug Trafficking Area counties; referred to the Committee on the Judiciary on June 26, 2006.

S. 3567 (Smith, R-OR). A bill to amend the Internal Revenue Code of 1986 to provide for the treatment of Indian tribal governments as State governments for purposes of issuing tax-exempt governmental bonds, and for other purposes; referred to the Committee on Finance on June 26, 2006.

S. 3635 (Domenici, R-NM). Albuquerque Indian School Act. A bill to direct the Secretary of the Interior to take into trust two parcels of Federal land for the benefit of certain Indian Pueblos in the State of New Mexico; referred to the Committee on Indian Affairs on July 11, 2006.

S. 3648 (Domenici, R-NM). Pueblo of Isleta Settlement and Natural Resources Restoration Act of 2006. A bill to compromise and settle all claims in the case of Pueblo of Isleta v. United States, to restore, improve, and develop the valuable on-reservation land and natural resources of the Pueblo, and for other purposes; referred to the Committee on Indian Affairs on July 12, 2006.

S. 3650 (Bingaman, D-NM). Helping Fill the Medicare Prescription Gap Act of 2006. A bill to include incurred costs toward the annual out of pocket threshold under part D of title XVIII of the Social Security Act, and for other purposes; referred to the Committee on Finance on July 12, 2006. Under the Act, the only costs included are those incurred by the Indian Health Service, a Federally-qualified health center, an AIDS drug assistance program, certain hospitals, or a pharmaceutical manufacturer patient assistance program providing prescription drugs.

S. 3687 (Gordon, R-OR). A bill to waive application of the Indian Self-Determination and Education Assistance Act to a specific parcel of real property transferred by the United States to 2 Indian tribes in the State of Oregon, and for other purposes; referred to the Committee on Indian Affairs on July 19, 2006.

Executive Branch

Indian Energy Rights of Way (ROW) Study. The Departments of Interior and Energy continued scoping energy ROWs on Indian lands, as required by the Energy Policy Act of 2005, during the 2nd Quarter. On June 1, the National Congress of American Indians (NCAI) led a conference call to discuss lobbying strategies to address the Section 1813 Indian energy rights of way (ROW) study. Reports indicated that the energy industry had been lobbying Congress for a legislative fix that would authorize the Secretary of Interior to waive tribal consent in granting rights of way on Indian lands. As a result, NCAI began working with the Council on Energy Resource Tribes (CERT) as well as other groups to assist in coordinating tribal lobbying efforts.

On June 27, NCAI held a tribal leaders meeting to organize tribal leaders before the initiation of a series of Congressional meetings regarding energy ROWs and to give an Indian Country reporter a chance to speak with tribal leaders on the subject. Tribal leaders conveyed to the reporter that: (1) that there is no need to change current federal laws regarding Indian ROWs; (2) Indian tribes have the right to negotiate fair compensation for a ROW; and (3) efforts by tribes to maintain this right of negotiation should not be construed to suggest Indian Country is impeding energy development. Indian Country is, and will remain, a strong partner in providing energy to the nation. Tribal leaders followed this meeting with discussions with key members on Capitol Hill, educating members about the issue and Indian Country’s perspective, and encouraging members to be aware of riders on appropriations bills that might attempt to legislate in contradiction of tribal rights.

On August 8, the Departments released a draft report which set out numerous options for addressing energy ROWs on Indian lands, including legislative action. However, despite listing legislative options, the report indicates that there is no major problem with ROWs, that difficulties in negotiation do not impact consumers and that tribal consent would not be an issue in an emergency situation. The Departments will hold meetings to further discuss the draft report as follows:

August 24 – Sheraton Denver West, Colorado

August 25 – Radisson Salt Lake City Downtown, Salt Lake City, Utah

August 28 – Morongo Casino, Resort and Spa, Cabazon, California

August 30 – Carlisle, Albuquerque, New Mexico

Prior to all meetings, CERT and NCAI will hold short briefing and strategy sessions for tribal leaders. These pre-meetings will take place from 7-8:30am in the same facility as the consultation meetings. Comments must be received by September 1, 2006, and the Departments will submit a final report to Congress by September 30, 2006.

On August 14, 2006, NCAI and CERT held a conference call for tribes and tribal advocates to discuss the report and to strategize next steps for addressing the report’s contents with the Administration and Congress. The general outcome of the conference call was that some Tribes want to entirely avoid the possibility of opening the door for legislative action since the draft report appears to amply support the positions of the Tribes disputing the need for legislative reform. Furthermore, based on the industry’s anticipated push for legislation, it is likely that the industry will vigorously oppose any additional tribal consent provisions, including the right to consent from non-IRA/OIWA tribes.

Minimum Internal Control Standards – Final Rule Revision. On May 11, the National Indian Gaming Commission (NIGC) published final rule revisions to the Minimum Internal Control Standards (MICS). The proposed rules were first published in the Federal Register on November 15, 2005, and comments were received for 45 days. The purpose of the revisions is to address shortcomings in the MICS and various changes in Tribal gaming technology and methods.

The effective date of the regulation is May 11, but Tribal Gaming Regulatory Authorities (TGRA) were directed to establish and implement these changes on or before July 10, 2006. Tribes were also instructed to set a deadline for compliance no later than September 8, 2006. Extensions are available if written notice is provided to the NIGC by September 8. Such notification must cite the specific revisions to which the extension pertains.

National Indian Gaming Commission Proposed Facility Licensing Regulations. The NIGC sent a letter to tribal gaming commission chairpersons on May 12, 2006, introducing proposed facility licensing regulations. The regulations have not been published in the Federal Register yet, but by providing a working draft of the regulations for pre-rulemaking comment, the NIGC is in compliance with their tribal consultation policy. The deadline for comment submission was June 30, 2006. Other opportunities for comment will arise when the rulemaking process begins with a notice in the Federal Register.

Definition for Electronic or Electromechanical Facsimile and Classification Standards; Class II Gaming; Bingo, Lotto, et. al. – Proposed Rules. On May 25, the NIGC published two proposed rules. The first proposal revises the definition of “electronic of electromechanical facsimile”, which Congress used to define Class II gaming under IGRA. The proposal defines all games, including bingo, lotto and other games similar to bingo as “electronic or electromechanical facsimiles” when played in an electronic medium and therefore are not permissible Class II games under IGRA. Comments on the proposed rules were due on August 23, 2006.

The second proposed rule clarifies the terms Congress used to define Class II gaming under IGRA. It also offers further revisions to incorporate the definition of “electronic and electromechanical facsimile.” Finally, the proposed rule adds a new part to its regulations that explains the basis for determining whether a game of bingo or lotto, “other games similar to bingo,” or a game of pull-tabs or “instant bingo,” meets the IGRA statutory requirements for Class II gaming when such games are played electronically. The rule distinguishes the aforementioned games from Class III “electric or electromechanical facsimiles.”

Kempthorne Confirmation. On May 26, the Senate confirmed Governor Dirk Kempthorne (R-ID) as the Secretary of the Interior. He was sworn in on June 7 in a ceremony at the White House. Kempthorne has indicated that he will be a strong advocate for settlement of the Cobell v. Norton (now known as Cobell v. Kempthorne) lawsuit. Kempthorne served in the Senate from 1993-1999 and was elected Governor of Idaho in 1998 and 2002. He has worked on gaming compacts, natural resources management and water rights.

Artman Nomination. On August 8, Secretary of the Interior Dirk Kempthorne nominated Carl Artman to the post of Assistant Secretary of the Interior for Indian Affairs. Currently an Associate Solicitor for Indian Affairs, Artman would replace Acting Assistant Secretary Jim Cason. Artman is an enrolled member of the Oneida Tribe of Wisconsin, and previously served as their chief counsel. Artman’s nomination is subject to confirmation by the Senate, however, confirmation is not expected to be difficult and should take place following Congress’ return from August recess.

Public Laws

Public Law 109-221, To make technical corrections to laws relating to Native Americans, and for other purposes (H.R. 3351). Signed on May 12, 2006.

Public Law 109-224, 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 (S. 1382). Signed on May 18, 2006.

Supreme Court

Cayuga Nation v. New York. On May 15, the United States Supreme Court denied a petition for certiorari on behalf of the Cayuga Nation, who were challenging a Second Circuit Court of Appeals decision dismissing their land claim. Using an unlikely Supreme Court decision, the Second Circuit applied the doctrine of laches, which prevents parties from unjustified delay in asserting their rights such that the adverse party is disadvantaged. Typically, courts have not applied laches on tribal claims because of the longstanding impediments tribes faced on both legal and practical fronts.

Seneca Nation v. New York. A mere three weeks after the Supreme Court denied the Cayuga Nation’s petition for certiorari, on June 5, the Court refused to review the Seneca Nation’s lawsuit. In denying the Nation’s writ of certiorari, the Court determined that the Senecas had already ceded more than forty islands in the Niagara River through its treaties with the British. This meant that when the State of New York purchased the land, it did not violate the Non-Intercourse Act. The federal government was in support of the tribe’s position, but the Court’s writ denial means a second tribal land claims case will go unheard.

Tribal Leader Meetings

California Nations Indian Gaming Association. On April 24-26, the California Nations Indian Gaming Association (CNIGA) held their Legislative Week in Washington, D.C. The first two days began with morning speeches to brief CNIGA’s membership on the status of gaming legislation and other Indian-related bills, followed by Congressional meetings. CNIGA was addressed by:

• Jackie Johnson, Executive Director, National Congress of American Indians;

• Karen Atkinson, Executive Director, Native American Contractors Association;

• Ernie Stevens, Jr., Chairman, National Indian Gaming Association; and

• Allison Binney, General Counsel, Minority Staff, Senate Committee on Indian Affairs.

National Indian Gaming Association Tribal Leaders Roundtable. On May 8th and 9th, NIGA hosted a meeting to discuss the status of S. 2078, the Indian Gaming Regulatory Act (IGRA) Amendments of 2005, and the status of draft regulations from the Department of the Interior (DOI) for the implementation of Section 20 of IGRA. The following individuals addressed the Association:

• John Tahsuda, Chief Counsel, Majority Staff, Senate Committee on Indian Affairs;

• Allison Binney, General Counsel, Minority Staff, Senate Committee on Indian Affairs; and

• George Skibine, Director, Office of Indian Gaming Management, Bureau of Indian Affairs.

National Indian Gaming Association – Legislative Summit. On July 12th and 13th, NIGA convened at the Washington, D.C. office of the Mashantucket Pequot Tribal Nation to hold their annual Legislative Summit. During the meeting NIGC Chairman Phil Hogen informed NIGA that the 2005 aggregate Indian gaming revenue figures had been released, and were available on the NIGC website. Gross revenue in 2005 was $22,629,575,000. NIGA also released results from their running public relations poll. Post-Abramoff, results indicate that the U.S. population has not changed its level of support for Indian Country generally. In addition to NIGA leaders and staff, the following people addressed NIGA tribal representatives during the Summit:

• Phil Hogen, Chairman, National Indian Gaming Commission;

• Senator (Ret.) Ben Nighthorse Campbell;

• Senator Daniel Akaka (D-HI);

• Jackie Johnson, Executive Director, National Congress of American Indians;

• Congressman Tom Cole (R-OK);

• Sara Garland, Staff, and Allison Binney, General Counsel, Minority Staff, Senate Committee on Indian Affairs;

• John Tahsuda, Chief Counsel, Majority Staff, Senate Committee on Indian Affairs; and

• Congressman Dale Kildee (D-MI).

Upcoming Events

August 28 – Indian Energy Rights of Way Meeting re: Draft Report to Congress, Morongo Casino, Resort and Spa, Cabazon, California. http://1813.anl.gov

August 30 – Indian Energy Rights of Way Meeting re: Draft Report to Congress, Carlisle Hotel and Conference Center, Albuquerque, New Mexico. http://1813.anl.gov

September 1 – Senate Committee on Indian Affairs Meeting re: S. 1439, the Indian Trust Reform Act of 2005, 9am-4pm, Tulsa, Oklahoma. http://indian.senate.gov/public

September 1 – Indian Energy Rights of Way Draft Report to Congress Comments Deadline Send to Section 1813 ROW Study, Office of Indian Energy and Economic Development, Room 20 – South Interior Building, 1951 Constitution Avenue NW, Washington, DC 20245. http://1813.anl.gov

September 6-8 – American Indian Elder Conference 8th Annual Conference, National Indian Health Board, Clarion Meridian Hotel, Oklahoma City, Oklahoma. http://www.nihb.org/calendar_event.php?mode=&eid=200605241141367

September 11-13 – NCAI Tribal Leader’s meeting on DOI/DOE Report on Energy Rights of Way on Indian Lands. Tentatively scheduled for 1pm at NCAI Office, 1301 Connecticut Avenue, Washington, D.C.

September 11-14 – Affiliated Tribes of Northwest Indians (ATNI) 53rd Annual Convention, Chinook Winds Casino Resort, Lincoln City , Oregon. http://www.atnitribes.org/

September 12 – National Indian Country Meth Initiative: Complete Working Group Meeting. 1:00pm – 2:30pm; NCAI Office, 1301 Connecticut Avenue, Washington, D.C.

September 12-14 – Native Women’s Leadership Retreat Presented by the Native Wellness Institute, Mystic Lake Casino Hotel, Prior Lake, Minnesota. http://www.nativewellness.com/conference.html

September 12-15 – Indian Class II and Bingo Conference and Expo 8th Annual, Turning Stone Resort & Casino, Verona, New York. http://www.kittobuss.com/c206attendee.html

September 13 – Tribal Leader Meeting on S. 1439, Indian Trust Reform Act. Strategy session at 9:00am; NCAI Office, 1301 Connecticut Avenue, Washington, D.C. RSVP required.

September 14 – Senate Committee on Indian Affairs Mark-Up on S. 1439, Indian Trust Reform Act of 2006. Washington, D.C., Time/Place TBA.

September 18-19 – Department of Justice Consultation with Tribal Leaders/Tribal Leaders Caucus Mystic Lake Casino, Prior Lake, Minnesota. http://www.ncai.org/Conferences_Events.7.0.html

September 19 – National Indian Gaming Commission Public Session for Proposed Class II Regulations, 10am, Department of the Interior Main Auditorium, 1849 C Street NW, Washington, DC. http://www.nigc.gov/ClassIIGameClassificationStandards/tabid/620/Default.aspx

September 19-20 – National Indian Gaming Association Tribal Leaders Reception on September 19 and Meeting on September 20, 101 Constitution Ave., NW, Washington, DC.

September 22-23 – American Indian Graduate Center 2006 Annual Conference, Sandia Resort and Casino, Albuquerque, New Mexico. http://www.aigcs.org/AnnualConference/Announce3.asp

September 25-27 – Indian Country Economic Development Conference 2nd Annual Conference, presented by the Falmouth Institute, Morongo Casino, Resort and Spa, Cabazon, California. http://www.falmouthinstitute.com/public_sessions_description2.asp?subevent_id=GV410&train_type=CN

September 26-27 – Self-Governance Strategy Session Silver Reef Pavilion, Ferndale, Washington. http://tribalselfgov.org/EventsHomepage/events_calendar.shtm

September 26-28 – Native Men’s Leadership Retreat Presented by the Native Wellness Institute, Miccosukee Resort, Miami, Florida. http://www.nativewellness.com/conference.html

October 1-6 – National Congress of American Indians 63rd Annual Convention, Sacramento Convention Center, Sacramento, California. http://www.ncai.org/63rd_Annual_Convention.206.0.html

October 6 – American Indian Women’s Health Conference 4th Annual Capturing the Vision of Wellness, National Indian Health Board, St. Vincent Healthcare Campus, Billings, Montana. http://www.nihb.org/article.php?story=20060607123604462

October 10 – American Indian/Alaska Native Youth with Disabilities Summit aka the New Freedom Intiative, Adams Mark Hotel, Denver, Colorado. http://www.nihb.org/staticpages/index.php?page=aianyouthdisabilities

October 10-13 – National Indian Health Board 23rd Annual Consumer Conference, Adams Mark Hotel, Denver, Colorado. http://www.nihb.org/staticpages/index.php?page=200403301344379533

October 19-22 – National Indian Education Association (NIEA) 37th Annual Convention, William A. Egan Civic & Convention Center, Anchorage, Alaska. http://www.niea.org/events/overview.php

October 20, 2006 – Indian Law Conference 8th Annual DC Conference, Westin Grand, Washington, D.C.

October 23-26 – Indian Land Consolidated Symposium 16th Annual Conference, presented by the Indian Lands Working Group, Morongo Casino, Resort and Spa, Cabazon, California. http://www.ilwg.org/symposium.htm

October 23-28 – Alaska Federation of Native (AFN) 41st Annual Convention and AFN/First Alaskans Elders and Youth Conference, William A. Egan Civic & Convention Center, Anchorage, Alaska. http://www.nativefederation.org/convention/index.php

October 25-27 – Intertribal Monitoring Association (ITMA) 16th Annual Conference, Golden Nugget Hotel and Casino, Las Vegas, Nevada. http://www.itmatrustfunds.org/MainPages/meetings__announcements.htm

November 28-December 1 – Native Youth Leadership Academy Presented by the Native Wellness Institute, San Diego, California. http://www.nativewellness.com/conference.html

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