Holland & Knight - Indian Law Alert - May 23, 2007 - First Quarter Report

Indian Law
Alert - May 23, 2007

First Quarter Report - 2007

May 23, 2007

CAPITOL HILL

The 110th Congress convened on January 4, 2007 with the Democrats assuming control of both the House and Senate. Representative Nancy Pelosi (D-CA), the first woman to serve as Speaker of the House of Representatives, initiated the “First One Hundred Hours” campaign to introduce and pass several priorities in the first two months of the new session. These included the minimum wage bill, ethics reform, restoration of pay-as-you-go budgeting (PAY-GO) rules and limitations on the use of earmarks in appropriations bills. In the Senate, ethics reform was a top priority that led to passage of a bill to provide greater transparency in the legislative process. Congress has also considered the need to increase oversight of the War in Iraq, global warming, the Nation’s dependency on Foreign oil, and small business tax breaks, among many other issues.

In early February, the President released his $2.9 trillion Fiscal Year (“FY”) 2008 proposed budget just before Congress passed a Joint Resolution to provide appropriations for the remainder of FY 2007 by generally providing funding at FY 2006 levels, with slight modifications. Senate Democrats later proposed $949 billion in overall discretionary spending for FY 2008 as part of a $2.96 trillion budget. The proposal would increase revenues through tax enforcement measures and increase spending on education, veterans, health insurance, Amtrak and numerous other domestic programs.

Meanwhile, the Senate finally confirmed Carl Joseph Artman, of Colorado, to be Assistant Secretary of the Interior on Monday, March 5 by a vote of 87 yeas to 1 nay (Vote No. EX. 59). The position had been vacant for more than two years since former Assistant Secretary Dave Anderson announced his resignation in February 2005. Artman, a member of the Oneida Tribe of Wisconsin (“Tribe”), is the Interior Department’s (“Department”) Associate Solicitor for Indian Affairs. Prior to joining the Department, Artman served as chief counsel for the Tribe. He also worked on the staff of Rep. Michael Oxley (R-OH).

In the Second Quarter, expect Congress to finalize the FY 2007 emergency supplemental bill and to tackle: the Taxpayer Protection Act of 2007 (H.R. 1677); reauthorization of the Farm Bill; various Energy Policy bills; Education reform; and the intelligence authorization bill. In addition, the FY 2008 appropriations process will swing into high gear with the consideration of individual spending bills in the House followed by the Senate toward the end of the second quarter.

EYE ON CONGRESS

FY 2007 Appropriations. Because Congress was unable to pass all of the appropriations bills last year, several continuing resolutions (“CR”) were passed to provide temporary funding to the federal government for the current fiscal year (October 1, 2006 through September 31, 2007) until Congress passed a Joint Resolution (“JR”) in February to fund the remainder of FY 2007. The JR totals $463.5 billion and was generally based on FY 2006 levels, with increases to maintain staffing levels, and to address increased costs, workloads, and other concerns. The JR also includes total program increases of $18.7 billion over FY 2006, and total program decreases of $3.9 billion from FY 2006. Major funding changes for Interior programs include a $125 million increase for the Indian Health Service (“IHS”) for a total of $2.8 billion, and a $30 million increase for Other Indian Programs. The IHS increase is intended to fund patient care and prevent significant reductions in clinical services. Under Transportation-HUD programs, Indian Loan Guarantees received a $2 million increase. Within the Department of Justice, Community Oriented Policing Services (“COPS”) will receive $542 million, an increase of $70 million. However, the JR also eliminated all FY 2007 earmarks, with no directive on how to spend those funds. Agencies submitted operating plans to OMB containing their proposed distribution of those funds.

FY 2007 Emergency/Supplemental Appropriations. Passage of a supplemental spending package has been another high priority, with primary focus on the wars in Iraq and Afghanistan as well as attempts to add funding for other priorities, such as disaster aid to farmers and children’s health insurance. The President initially requested $103 billion. The House Appropriations Committee approved $125 billion, which was reduced to $124.3 billion by the full House. Meanwhile, the Senate Appropriations Committee approved $121.6 billion, which was increased to $123.2 billion by the full Senate.

Conferees reached agreement on a $124 billion measure at the end of April. The measure includes federal minimum wage legislation and a package of small business tax relief provisions, including extension of accelerated depreciation and the Indian employment tax credit. However, prior to conference, President Bush reiterated his plans to veto the FY 2007 emergency supplemental measure because of provisions that required the withdrawal of troops from Iraq. As a result, Democrats were discussing plans to approve a post-veto bill before Congress adjourns May 25 for the Memorial Day recess.

FY 2008 President’s Budget Request. On February 5, President Bush sent a $2.9 trillion FY 2008 budget to Congress, again prioritizing military spending and proposing to trim domestic spending. The overall spending priorities included in the President’s budget closely follow the trends set by the Bush Administration in the past few years. Eight agencies would see a decrease in funding below FY 2006 appropriated amounts, including the Department of Interior, for which the President requested $10.6 billion. However, the proposed amount is $300 million more than the FY 2007 amount enacted under the JR. The BIA would receive $2.2 billion, with $1.99 billion for the Operation of Indian Programs. Meanwhile, the President proposed $4.1 billion for the Indian Health Service, an increase of $100 million over the FY 2007 requested amount.

FY 2008 Appropriations. The FY 2008 Appropriations process began shortly after the President released the proposed budget in February. However, the House and Senate continue to debate earmark reform. The Senate passed S.1 in early January, an ethics reform bill to provide greater transparency in the legislative process that specifically required stronger earmark disclosure, defined earmarks, and required Member(s) requesting an earmark to attach their name to the earmark along with an explanation of the essential governmental purpose for the earmark. And in March, House Appropriations Committee Chairman David Obey (D-WI) extended the deadline for requests for congressional earmarks until April 27 after new disclosure rules were met with confusion from some lawmakers and the House Ethics Committee tried to clarify earmarks.

House Appropriations subcommittees continue to hold hearings on individual spending bills with witnesses from both the public and federal agencies. Markups of individual FY 2008 appropriations bills could begin as early as the week of May 7 with Agriculture, Interior-EPA and Energy and Water measures. The Labor-HHS measure may be reviewed as early as the following week. The Senate Appropriations panel is expected to begin in early June.

Efforts to Curb Tribal Campaign Contributions. During deliberation of S.1, the Senate ethics reform bill, Senator David Vitter (R-LA) offered an amendment to restrict tribal campaign contributions in federal elections by classifying tribal governments as corporations for purposes of the Federal Election Campaign Act (“FECA”), which prohibits corporations and unions from contributing to federal candidates. The amendment failed to obtain support from a majority of the Senators and was tabled on January 10 by a vote of 56-40. Most notable in the recorded vote was the fact that eight Republican Senators voted to table the amendment, including Sen. Pete Domenici (R-NM). We continue to monitor Sen. Vitter’s efforts to pass S.90, a stand-alone bill that similarly seeks to limit tribal campaign contributions.

Tribal Homeland Security Funding Provisions. On January 9, the House passed H.R. 1, a bill to provide for the implementation of the recommendations of the “National Commission on Terrorist Attacks Upon the United States” (9/11 Commission). The bill includes provisions that establish criteria for Tribes to qualify for direct grant funding from the Department of Homeland Security (“DHS”). Eligibility is based on a variety of factors including demonstrated federal contracting capacity and employment of at least 10 full time law enforcement personnel coupled with a Tribe’s location on or near an international border, critical infrastructure, whether the Tribe is located in one of the 50 largest metropolitan areas or whether the Tribe has 1000 square miles of tribal lands. With regard to the federal contracting requirement, although the current language extends to those tribes eligible as part of the pool of self-governance tribes, the House Homeland Security Committee indicated it did not intend to limit the provision only to self-governance tribes and would be correcting this language prior to final passage of the bill. The provision would also limit the number of participating tribes to twenty (20) and provides that the participating tribes collectively receive a minimum of at least 0.08% of the total available funds, which is estimated to be approximately $1.3 million, annually.

On March 13, the Senate passed S.4, a bill to make the United States more secure by implementing recommendations made by the 9/11 Commission to fight the war on terror more effectively, to improve homeland security, and for other purposes. The Senate-passed bill would provide states with 0.45 percent of total funding available annually under the state homeland security grant program, as opposed to the House version of 0.25 percent.

Head Start Reauthorization and Indian Head Start. On February 12, Sen. Ed Kennedy (D-MA) introduced S. 556, the “Head Start for School Readiness Act”, which includes significant Indian head start provisions. The bill provides a 4% set aside for Indian head start programs, currently at 2.8%, and provides that no other Head Start program can expand until the Indian and Migrant programs reach their respective set-asides established in the bill. However, the set-aside is subject to an exception that any increase cannot reduce slots in other programs. As a result, actual funding increases will rely on congressional appropriations. The bill was referred to the Committee on Health, Education, Labor and Pensions (“HELP”), which ordered the bill reported without amendment on February 14, and filed H.Rept. 110-49 on April 10.

On March 9, Rep. Dale Kildee (D-MI) introduced a similar bill in the House, H.R. 1429, Improving Head Start Act of 2007. The House Education and Labor Committee marked up and ordered the bill reported on March 14, with an amendment to establish a Tribal Colleges and Universities Head Start Partnership grant program, along with a second amendment offered by the Republicans to establish a service requirement for those receiving funds towards a degree. In addition, Indian Country was successful in securing several other additions to the House bill, including language providing that when an Indian Head Start program is found deficient and is forced to re-compete, a government-to-government consultation must first occur with the tribal government for the purpose of developing a correction plan. Only if the correction plan fails would the program go to re-competition. Non-Indian Head Start programs would not be eligible to take over the program unless there are no other Indian Head Start programs are eligible and available. If a non-Indian Head Start program does take over, it would only be on an interim basis until an Indian Head Start program became available. Language was also added to the bill to strengthen existing funding language, which provided an immediate 3.5% set aside for Indian Head Start, subject to a Secretarial determination on the level of need after a study. Specifically, the additional language requires the Secretary to go through an extensive study before reaching a funding determination, taking into account the trust responsibility, the remote location of most Indian Head Start programs and other factors. The House Education Committee also adopted several other amendments which, although not tribal specific, would benefit tribal programs. For example, Head Start programs will be able to use up to 10% of their quality improvement program funds to meet transportation needs. The Committee issued H.Rept. 110-67 on March 23.

Pension Protection Act. On March 7, Senators Gordon Smith (R-OR) and Jeff Bingaman (D-NM) jointly introduced S.792, the Tribal Government Equality Act of 2007. The bill, if passed, would strike the existing language in Section 906 of the Pension Protection Act of 2006 and amend the law with language that recognizes tribal governments’ employee benefit plans as “governmental plans.” Parallel legislation has not yet been introduced in the House of Representatives.

8(a) Contracting. The Small Business Act’s (“Act”) Section 8(a) Business Development Program, as applied to Indian Tribes, Alaska Native Corporations, and Native Hawaiian Organizations, has come under fire. During the 109th Congress, Rep. Henry Waxman (D-CA) introduced H.R. 6069, the Clean Contracting Act, which proposed eliminating a provision under the Act that enables 8(a) companies owned by Tribes and Alaska Native Corporations to pursue larger contracts to promote Native American economic development, self-sufficiency and self-determination.

On April 17, Rep. Bruce Braley (D-IA) introduced and passed out of the House Small Business Committee, H.R. 1873, the Small Business Fairness in Contracting Act. During a subsequent markup in the Oversight and Government Reform Committee , “placeholder” language was added to the bill by Chairman Waxman and Ranking Member Davis and after discussions with the Native American Caucus. Although Waxman’s provision last year was a flat repeal effort, the provision added to H.R. 1873 recognizes that there is a reason for having a different threshold on Native American 8(a) programs, which return revenues to Native communities for governmental services. Specifically, the provision proposes that the Federal Procurement Administrator establish limits on the value of contracts awarded without competition under the 8(a) program if Congress fails to act by December 31, 2007. It therefore unfortunately seeks to change the competitive threshold for sole source contracts for Native Americans, even though the Native American 8(a) program is the only broadbased non-gaming economic development in Indian Country that has worked to bring benefits to Native communities. Native 8(a)’s currently get less than 1% of the negotiated sole source federal contracts, which is less than the Native American population in America. The bill has also resulted in a turf battle for the Small Business Committee and House Oversight Committee, the former having jurisdiction over 8(a)’s and the latter over procurement. The bill has not been heard by Natural Resources, which has jurisdiction over Native American issues.

In addition, tribes are also keeping an eye on H.R. 1362, the Accountability in Contracting Act, passed by the House on March 15 and now pending in the Senate Committee on Homeland Security and Government Affairs. Although the bill does not contain direct language on Native 8(a) programs, it could impact sole source contracts for American Indian and Alaska Native contractors.

COMMITTEE ACTION

Hearings

Diabetes in Indian Country. On February 8, the Senate Committee on Indian Affairs (“SCIA”) concluded an oversight hearing on diabetes in Indian Country, focusing on the Special Diabetes Program for Indians. The Committee received testimony from Charles W. Grim (Director, IHS); Kelly Moore (Clinical Specialty Consultant, Division of Diabetes Treatment and Prevention, IHS); William C. Knowler (Chief, Diabetes Epidemiology and Clinical Research Section, Division of Intramural Research, NIH); Judith Fradkin (Director, Division of Diabetes, Endocrinology, and Metabolic Diseases, NIH); Buford Rolin (Poarch Band of Creek Indians, on behalf of the Tribal Leaders Diabetes Committee and NIHB); James D. Brosseau (Altru Health System, Grand Forks, ND); Biron Baker (Medcenter One, Bismarck, ND); Sam McCracken (Nike, Beaverton, Oregon); and Donna Vandall (Winnebago Tribal Whirling Thunder Wellness Programs, Winnebago, Nebraska).

FY 2008 Appropriations for Indian Programs. On February 15, the SCIA held an oversight hearing on the President’s budget request for tribal programs for FY 2008. The following individuals presented testimony before the Committee: James Cason (Associate Deputy Secretary of the Department of the Interior); Charles W. Grim (Director, IHS); Catherine Freeman (Deputy Assistant Secretary for Elementary and Secondary Education, Department of Education); Thomas M. Corwin (Director, Division of Elementary, Secondary and Vocational Analysis, Budget Service, Department of Education); Orlando J. Cabrera (Assistant Secretary of Housing and Urban Development for Public and Indian Housing); Regina B. Schofield (Assistant Attorney General, Office of Justice Programs, DOJ); Ivan D. Posey (Eastern Shoshone Business Council, Fort Washakie, WY); Jefferson Keel (Chickasaw Nation, on behalf of NCAI); H. Sally Smith (NIHB); Verlie Ann Malina Wright (NIEA); and Marty Shuravloff (NAIHC).

Indian Health Care. On March 7, the SCIA held an oversight hearing on Indian health care and the need to reauthorize the Indian Health Care Improvement Act. The Committee received testimony from Dr. John Agwunobi (Assistant Secretary for Health, HHS) along with Dr. Charles W. Grim (Director, Indian Health Service), C. Frederick Beckner III (Deputy Assistant Attorney General, DOJ), Honorable Richard Brannan (Chairman, Northern Arapaho Business Council), Rachel Joseph (Co-Chair, National Steering Committee on the Reauthorization of the Indian Health Care Improvement Act), and Edward P. Lazarus (Constitutional Scholar).

Interior Appropriations. On March 8, the House Committee on Appropriations Subcommittee on Interior, Environment and Related Agencies held a hearing on FY 2008 appropriations for the Department of the Interior. Testimony was heard from Dirk Kempthorne, Secretary of the Interior.

Interior Appropriations: Native Americans/BIA. On March 13, the House Appropriations Subcommittee on Interior, Environment and Related Agencies held a hearing on the Social and Economic Status of Native Americans, the Bureau of Indian Affairs, Office of the Special Trustee. Testimony was heard from Joe Kalt (Harvard University Native Americans Program), and Jim Cason (Associate Deputy Secretary, BIA).

H.R. 1328, the Indian Health Care Improvement Act. On March 14, the House Natural Resources Committee (“HNRC”) held an oversight hearing on H.R. 1328, reauthorization of the Indian Health Care Improvement Act. The Committee received testimony from Dr. Charles W. Grim (Director, Indian Health Service), Honorable Robert Chicks (President, Stockbridge-Munsee Band of Mohican Indians), Honorable Buford Rolin (Chairman, Poarch Band of Creek Indians), Honorable Kathy Hughes (Vice Chairwoman, Oneida Tribe of Wisconsin), Dr. Thomas Stuart Walker (Ho-Chunk Health Care Center), Linda Holt (Chairperson, Northwest Portland Area Indian Health Board, and Suquamish Tribal Council Member), Valerie Davidson (Legal and Governmental Affairs, Alaska Native Tribal Health Consortium), and Edward P. Lazarus (Constitutional Scholar).

Interior and EPA FY 2008 President’s Budget. On March 20, the Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies held a hearing on the 2008 President’s budget request. Secretary of the Interior Dirk Kempthorne testified regarding the DOI’s $10.7 billion request, which is $35.4 million below the 2007 Joint Resolution enacted in February of this year.

Indian Housing. On March 22, the SCIA held a general oversight hearing on housing issues in Indian Country. Orlando Cabrera (Assistant Secretary with HUD’s Office of Public and Indian Housing), Dr. Jon Perez (Director of Behavioral Health at IHS), tribal leaders from Oglala Sioux and Pueblo of Pojoaque, and representatives from the National American Indian Housing Council and Wells Fargo all testified before the Committee.

Indian Health and Child Welfare Services. On March 22, the Senate Finance Committee held a hearing entitled “Keeping America’s Promise: Health Care and Child Welfare Services for Native Americans.” The purpose of the hearing was to determine the steps Congress needs to take in order to correct the Indian Health Care System. Witnesses testifying before the Committee included Carl Venne (Chairman, Crow Nation; Chairman, Montana/Wyoming Tribal Leaders Council; and Chairman, Large Land-Based Tribes); Valerie Davidson (Senior Director, Legal & Intergovernmental Affairs, Alaska Native Tribal Health Consortium), Linda Holt (Suquamish Tribal Council and the Chair of the Northwest Portland Area Indian Health Board), and Connie R. Bear King (Enrolled Member of the Standing Rock Sioux Tribe and Governmental Affairs Associate, National Indian Child Welfare Association).

MMS Royalties. On March 28, the HNRC held an oversight hearing on “Royalties at Risk,” the second in a series of hearings on ongoing management issues at the Department of Interior. The purpose of the hearing was to focus on the Minerals Management Service (“MMS”) and the implementation of its core programs, specifically examining the management issues exposed in recent investigations of the Inspector General and the General Accountability Office, including audit, compliance, royalty-in-kind, and state and tribal issues. Tribal witnesses before the Committee included Kevin Gambrell (Indian Land Working Group); and David Lester (Executive Director, Council of Energy Resource Tribes).

Trust Fund Litigation. On March 29, the SCIA held an oversight hearing on Indian trust fund litigation to review the issue of trust management and the Cobell litigation. In opening statements, Chairman Byron Dorgan (D-ND) noted the poor job that the federal government has been doing and expressed concern that the limited scope of the government’s accounting effort would mean that the litigation continues for the next decade. Witnesses who testified before the Committee included Dirk Kempthorne (Secretary of Interior), William Mercer (Acting Associate Attorney General, DOJ), John Bickerman (Bickerman Dispute Resolution), Eloise Cobell (Blackfeet Reservation Development Fund) accompanied by Keith Harper (Attorney for Cobell plaintiffs), John Echohawk (Executive Director, NARF), and the Honorable William Martin (Vice Chairman, ITMA; First Vice President, Central Council of the Tlingit and Haida Indian Tribes of Alaska).

BIA/OST FY 2008 Appropriations. On March 29, the House Appropriations Subcommittee on Interior, Environment and Related Agencies held a hearing on the President’s FY 2008 budget request for the Bureau of Indian Affairs/Office of the Special Trustee. Testimony was heard from the following officials of the Department of the Interior: Jim Cason, Assistant Secretary – Indian Affairs (Acting); and Ross Swimmer, Special Trustee, American Indians.

Tribal Colleges and Universities. On April 12, the SCIA held an oversight hearing to examine Tribal Colleges and Universities. The following individuals provided testimony before the Committee: Carl J. Artman (Assistant Secretary for Indian Affairs, BIA); David Gipp (United Tribes Technical College, Bismarck, ND) and Elmer J. Guy (Navajo Technical College, Crownpoint, NM) (both on behalf of the American Indian Higher Education Consortium); and Jamie P. Merisotis (Institute for Higher Education Policy) and Bette Keltner (Georgetown University School of Nursing and Health Studies) (both of Washington D.C.).

Indian Health Service FY 2008 Budget. On April 17, the House Committee on Appropriations Subcommittee on Interior, Environment and Related Agencies held a hearing on the IHS FY 2008 budget. Dr. Charles Grim, Director, IHS, testified before the subcommittee.

Interior, EPA FY 2008 Budget. On April 18, the House Committee on Appropriations Subcommittee on Interior, Environment and Related Agencies continued to receive testimony on the FY 2008 proposed budget for Native Americans. Testimony was heard from public witnesses.

H.R. 1294 and H.R. 65. On April 18, the HNRC held a hearing on two bills: (1) H.R. 1294, Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2006; and H.R. 65, Lumbee Recognition Act. Witnesses included: Senator Dole; Virginia Representatives McIntryre, Moran, Scott, and Wolf; North Carolina Representatives Hayes, Jones, and McHenry; Carl J. Artman (Assistant Secretary, Indian Affairs, BIA); and public witnesses.

Reports

Senate Committee on Indian Affairs. On February 8, the SCIA ordered favorably reported the following bills:

• S. 322, a bill to establish an Indian youth telemental health demonstration project (S.Rept. No. 110-43);

• S. 375, 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 two Indian tribes within Oregon (S.Rept. No. 110-44);

• S. 398, a bill to amend the Indian Child Protection and Family Violence Prevention Act to identify and remove barriers to reducing child abuse, to provide for examinations of certain children (S.Rept. No. 110-45); and

• S. 481, a bill to recruit and retain more qualified individuals to teach in Tribal Colleges or Universities (S.Rept. No. 110-46).

H.R. 865, Copper Valley Native Allotment Resolution Act of 2007. On March 7, the HNRC ordered reported several bills, including H.R. 865, Copper Valley Native Allotment Resolution Act of 2007, a bill to grant rights-of-way for electric transmission lines over certain Native allotments in the State of Alaska (H.Rept. 110-91).

H.R. 545, a bill to amend the Omnibus Crime Control and Safe Streets Act of 1968. On March 8, the House Judiciary Committee filed its report on H.R. 545, a bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to clarify that territories and Indian tribes are eligible to receive grants for confronting the use of methamphetamine (H.Rept. 110-35, Pt. 1). On March 21, The House Committee on Energy and Commerce also reported the bill. (H.Rept. 110-35, Pt. 2).

H.R. 1429, Improving Head Start Act of 2007. On March 14, the House Committee on Education and Labor ordered reported, as amended, H.R. 1429, Improving Head Start Act of 2007 (H.Rept. 110-67).

H.Res. 269, Native Hawaiian Housing. On March 26, the House Committee on Rules issued a report on H.Res. 269, a resolution providing for consideration of the bill (H.R. 835) to reauthorize the programs of the Department of Housing and Urban Development for housing assistance for Native Hawaiians (H.Rept. 110-73).

H.R. 487, Cheyenne River Sioux Tribe Equitable Compensation. On April 19, the Committee on Natural Resources Subcommittee on Water and Power approved H.R. 487, Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2007, for full Committee action.

S. 322, Indian Youth Telemental Health. On April 10, the SCIA issued a report on S. 322, a bill to establish an Indian youth telemental health demonstration project (S.Rept. No. 110-43).

S. 375. On April 10, the SCIA issued a report on S. 375, 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 (S.Rept. No. 110-44).

S. 398, Indian Child Protection and Family Violence Prevention Act. On April 10, the Senate Committee on Indian Affairs issued a report on S. 398, a bill to amend the Indian Child Protection and Family Violence Prevention Act to identify and remove barriers to reducing child abuse, to provide for examinations of certain children, and for other purposes (S.Rept. No. 110-45).

S. 481. On April 10, the Senate Committee on Indian Affairs issued a report on S. 481, a bill to recruit and retain more qualified individuals to teach in Tribal Colleges or Universities (S.Rept. No. 110-46).

H.R. 865, Copper Valley Native Allotment Resolution Act. On April 17, the House Committee on Natural Resources issued a report on H.R. 865, a bill to grant rights-of-way for electric transmission lines over certain Native allotments in the State of Alaska (H.Rept. 110-91).

2007 INDIAN LEGISLATION

Senate

S. 56 (Inouye, D-HI). A bill to provide relief to the Pottawatomi Nation in Canada for the settlement of certain claims against the United States. STATUS: referred to the Committee on the Judiciary on January 4.

S. 85 (McCain, R-AZ). Indian Tribes Methamphetamine Reduction Grants Act of 2007. A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to clarify that territories and Indian tribes are eligible to receive grants for confronting the use of methamphetamine. STATUS: referred to the Committee on the Judiciary on January 4. See also S. 267 and H.R. 545.

S. 90 (Vitter, R-LA). A bill to modify the application of the Federal Election Campaign Act of 1971 to Indian tribes. STATUS: referred to the Committee on Rules and Administration on January 4.

S. 132 (Allard, R-CO). Methamphetamine Trafficking Enforcement Act of 2007. A bill to end the trafficking of methamphetamines and precursor chemicals across the United States and its borders. The bill would require the U.S. Attorney General to submit a report to Congress summarizing methamphetamine trafficking and abuse problems on Indian reservations, and making recommendations regarding methods to address those problems. STATUS: referred to the Committee on the Judiciary on January 4.

S. 160 (Thune, R-SD). Lower Brule and Crow Creek Tribal Compensation Act. A bill to provide for 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. STATUS: referred to the Committee on Indian Affairs on January 4. See also H.R. 155.

S. 176 (Inhofe, R-OK). A bill to amend the Internal Revenue Code of 1986 to permanently extend the Indian employment credit and the depreciation rules for property used predominantly within an Indian reservation. STATUS: referred to the Committee on Finance on January 4.

S. 199 (Murkowski, R-AK). A bill to amend the Safe Drinking Water Act Amendments of 1996 to modify the grant program to improve sanitation in rural and Native villages in the State of Alaska. STATUS: referred to the Committee on Environment and Public Works on January 8.

S. 203 (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. STATUS: referred to the Committee on Energy and Natural Resources on January 8.

S. 205 (Stevens, R-AK). Copper Valley Native Allotment Resolution Act of 2007. A bill to grant rights-of-way for electric transmission lines over certain Native allotments in the State of Alaska. STATUS: referred to the Committee on Energy and Natural Resources on January 8, 2007.

S. 267 (Bingaman, D-NM). Native American Methamphetamine Enforcement and Treatment Act of 2007. A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to clarify that territories and Indian tribes are eligible to receive grants for confronting the use of methamphetamine. STATUS: referred to the Committee on the Judiciary on January 11. See also S. 85 and H.R. 545.

S. 310 (Akaka, D-HI). Native Hawaiian Government Reorganization Act of 2007. A bill to express the United States’ policy regarding its relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity. STATUS: referred to the Committee on Indian Affairs on January 17. See also H.R. 505.

S. 322 (Dorgan, D-ND). Indian Youth Telemental Health Demonstration Project Act of 2007. A bill to establish an Indian youth telemental health demonstration project. STATUS: referred to the Committee on Indian Affairs on January 17; the Committee reported the bill on February 8 (S.Rept. No. 110-43).

S. 333 (Dole, R-NC). Lumbee Recognition Act. A bill to provide for the acknowledgment of the Lumbee Tribe of North Carolina, and for other purposes. STATUS: referred to the Committee on Indian Affairs on January 18. See also H.R. 65.

S. 368 (Biden, D-DE). COPS Improvements Act of 2007. A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the COPS ON THE BEAT grant program, and for other purposes. STATUS: referred to the Committee on the Judiciary on January 23; the Committee ordered the bill reported without amendment on March 15.

S. 375 (Smith, R-OR). A bill to waive application of the Indian Self-Determination and Education Assistance Act (“ISDEAA”) 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. STATUS: referred to the Committee on Indian Affairs on January 24; the Committee reported the bill on February 8 (S.Rept. No. 110-44). See also H.R. 679.

S. 395 (Schumer, D-NY). A bill to require States and Indian tribes to designate specific highway routes over which hazardous materials may be transported. STATUS: referred to the Committee on Commerce, Science, and Transportation on January 25.

S. 398 (Dorgan, D-ND). Indian Child Protection and Family Violence Act Amendments of 2007. A bill to amend the Indian Child Protection and Family Violence Prevention Act to identify and remove barriers to reducing child abuse, to provide for examinations of certain children, and for other purposes. STATUS: referred to the Committee on Indian Affairs on January 25; the Committee reported the bill on February 8 (S.Rept. No. 110-45).

S. 429 (Inouye, D-HI). Native Hawaiian Health Care Improvement Reauthorization Act. A bill to amend the Native Hawaiian Health Care Improvement Act to revise and extend that Act. STATUS: referred to the Committee on Indian Affairs on January 30.

S. 462 (Reid, D-NV). Shoshone-Paiute Tribes of Duck Valley Water Rights Settlement Act. A bill to approve the settlement of the water rights claims of the Shoshone-Paiute Tribes of the Duck Valley Indian Reservation in Nevada to require the Secretary of the Interior to carry out the settlement, and for other purposes. STATUS: referred to the Committee on Indian Affairs on January 31.

S. 481 (Conrad, D-ND). Tribal Colleges and Universities Faculty Loan Forgiveness Act. A bill to recruit and retain more qualified individuals to teach in Tribal Colleges or Universities. STATUS: referred to the committee on Indian Affairs on February 1; the Committee reported the bill on February 8 (S.Rept. No. 110-46).

S. 514 (Nelson, D-FL). Muscogee Nation of Florida Federal Recognition Act. A bill to extend Federal recognition to the Muscogee Nation of Florida. STATUS: referred to the Committee on Indian Affairs on February 7.

S. 531 (McCain, R-AZ). A bill to repeal section 10(f) of Public Law 93-531, which authorizes the partition of the surface rights in the joint use area of the 1882 Executive order Hopi Reservation and the surface and subsurface rights in the 1934 Navajo Reservation between the Hopi and Navajo Tribes. Section 10(f) is commonly known as the “Bennett Freeze’’. STATUS: referred to the Committee on Indian Affairs on February 8. See also H.R. 956.

S. 585 (Dorgan, D-ND). Native American $1 Coin Act. A bill to require the Secretary of the Treasury to mint and issue coins in commemoration of Native Americans and the important contributions made by Indian tribes and individual Native Americans to the development of the United States and the history of the United States, and for other purposes. STATUS: referred to the Committee on Banking, Housing, and Urban Affairs on February 14.

S. 710 (Inouye, D-HI). Hawaiian Homeownership Opportunity Act of 2007. A bill to reauthorize the programs for the Department of Housing and Urban Development for housing assistance for Native Hawaiians. STATUS: referred to the Committee on Indian Affairs on February 28.

S. 724 (Tester, D-MT). Little Shell Tribe of Chippewa Indians Restoration Act of 2007. A bill to extend the Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana, and for other purposes. STATUS: referred to the Committee on Indian Affairs on March 1. See also H.R. 1301.

S. 792 (Smith, R-OR). Tribal Government Equality Act of 2007. A bill to amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to modify the definition of governmental plan with respect to Indian tribal governments. STATUS: referred to the Committee on Health, Education, Labor, and Pensions on March 7.

S. 952 (McCain, R-AZ). A bill to amend the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to provide funds for training in tribal leadership, management, and policy, and for other purposes; STATUS: referred to the Committee on Indian Affairs on March 21. See also H.R. 1478.

S. 964 (Schumer, D-NY). A bill to require States and Indian tribes to designate specific highway routes for the transportation of hazardous materials and the long-distance transportation of solid waste; STATUS: referred to the Committee on Commerce, Science, and Transportation on March 22.

S. 1058 (Levin, D-MI). Grand River Bands of Ottawa Indians of Michigan Referral Act. A bill to expedite review of the Grand River Bands of Ottawa Indians of Michigan to secure a timely and just determination of whether the Bands are entitled to recognition as a Federal Indian tribe so that the Bands may receive eligible funds before the funds are no longer available; STATUS: referred to the Committee on Indian Affairs on March 29.

S. 1080 (Baucus, D-MT). Crow Tribe Land Restoration Act. A bill to develop a program to acquire interests in land from eligible individuals within the Crow Reservation in the State of Montana, and for other purposes; STATUS: referred to the Committee on Indian Affairs on April 10.

S. 1103 (Bingaman, D-NM). Helping Fill the Medicare Rx Gap Act of 2007. A bill to amend title XVIII of the Social Security Act to include costs 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 in providing prescription drugs toward the annual out-of-pocket threshold under part D of the Medicare program; STATUS: referred to the Committee on Finance on April 12.

S. 1105 (Kennedy, D-MA). Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act of 2007. A bill to provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes; STATUS: referred to the Committee on the Judiciary on April 12.

S. 1129 (Smith, R-OR). The Tribal Government Equality Act of 2007. A bill to amend the Internal Revenue Code of 1986 to modify the definition of governmental plan with respect to Indian tribal governments; STATUS: referred to the Committee on Finance on April 17.

S. 1132 (Murkowski, R-AK). A bill to amend the Internal Revenue Code of 1986 to allow Indian tribes to receive charitable contributions of apparently wholesome food; STATUS: referred to the Committee on Finance on April 17.

Senate Resolutions

S. Res. 40 (Dorgan, D-ND). An original resolution authorizing expenditures by the Senate Committee on Indian Affairs. STATUS: referred to the Committee on Rules and Administration and the Committee on Indian Affairs, the Committee on Indian Affairs filed its report on January 25.

S.J. Res. 4 (Brownback, R-KS). A joint resolution to acknowledge a long history of official depredations and ill-conceived policies by the United States Government regarding Indian tribes and offer an apology to all Native Peoples on behalf of the United States. STATUS: referred to the Committee on Indian Affairs on March 1.

House

H.R. 28 (Issa, R-CA). Pechanga Band of Luiseno Mission Indians Land Transfer Act of 2007. A bill to transfer certain land in Riverside County, California, and San Diego County, California, from the Bureau of Land Management to the United States to be held in trust for the Pechanga Band of Luiseno Mission Indians, and for other purposes. STATUS: referred to the Committee on Natural Resources on January 4.

H.R. 54 (Christensen, D-Virgin Islands). Teacher Recruitment Act of 2007. A bill to expand the eligibility of teachers to qualify for loan forgiveness in order to provide additional incentives for teachers currently employed or seeking employment in economically depressed rural areas, Territories, and Indian Reservations. STATUS: referred to the Committee on Education and Labor on January 4.

H.R. 65 (McIntrye, D-NC). Lumbee Recognition Act. A bill to provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes. STATUS: referred to the Committee on Natural Resources on January 4; the Committee ordered the bill reported on April 25. See also S. 333.

H.R. 106 (J. Davis, R-VA). A bill to extend Federal recognition to the Rappahannock Tribe, and for other purposes. STATUS: referred to the Committee on Natural Resources on January 4.

H.R. 155 (Herseth, D-SD). Lower Brule and Crow Creek Tribal Compensation Act. A bill to provide compensation to the Lower Brule and Crow Creek Sioux Tribes of South Dakota for damage caused to tribal land by Pick-Sloan projects along the Missouri River. STATUS: referred to the Committee on Natural Resources on January 4; referred to the Subcommittee on Water and Power on February 7. See also S. 160.

H.R. 405 (Cubin, R-WY). Family-Based Meth Treatment Access Act of 2007. A bill to amend the Public Health Service Act regarding residential treatment programs for pregnant and parenting women, a program to reduce substance abuse among nonviolent offenders, and for other purposes. The bill would require reporting on the number of pregnant and parenting women in need of, but not receiving, treatment for methamphetamine use, broken down by state and tribe. STATUS: referred to the Committee on Energy and Commerce on January 11; referred to the Subcommittee on Health on February 2.

H.R. 435 (Maloney, D-NY). Study of Ways to Improve the Accuracy of the Collection of Federal Oil, Condensate, and Natural Gas Royalties Act of 2007. A bill to provide for a study by the National Academy of Engineering to improve the accuracy of collecting royalties on production of oil, condensate, and natural gas under leases of Federal lands and Indian lands, and for other purposes. STATUS: referred to the Committee on Natural Resources on January 12; referred to the Subcommittee on Energy and Mineral Resources on February 20.

H.R. 468 (Solis, D-CA). Communities of Color Teen Pregnancy Prevention Act of 2007. A bill to make grants available for activities preventing teen pregnancy in racial or ethnic minority or immigrant communities, and for other purposes. STATUS: referred to the Committee on Energy and Commerce on January 12; referred to the Subcommittee on Health on February 2.

H.R. 487 (Herseth, D-SD). Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2007. A bill to amend the Cheyenne River Sioux Tribe Equitable Compensation Act to provide compensation to members of the Cheyenne River Sioux Tribe for damages attributable to the Oahe Dam and Reservoir Project, and for other purposes. STATUS: referred to the Committee on Natural Resources on January 16; the Committee approved the bill for full committee action on April 19.

H.R. 505 (Abercrombie, D-HI). Native Hawaiian Government Reorganization Act of 2007. A bill to express the United States’ policy regarding its relationship with Native Hawaiians and to provide a process for the recognition of the Native Hawaiian governing entity by the United States. STATUS: referred to the Committee on Natural Resources on January 17. See also S. 310.

H.R. 542 (Solis, D-CA). A bill to require the Department of Veterans Affairs to provide mental health services in languages other than English, as needed, for veterans with limited English proficiency, and for other purposes. STATUS: referred to the Committee on Veterans’ Affairs on January 17; referred to the Subcommittee on Health on March 2.

H.R. 545 (Udall, D-NM). Native American Methamphetamine Enforcement and Treatment Act of 2007. A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to clarify that territories and Indian tribes are eligible to receive grants for confronting the use of methamphetamine. STATUS: referred to the Committee on the Judiciary and Energy and Commerce Committee on January 17; the Judiciary Committee reported the bill on March 8 (H.Rept. 110-35, Pt.1); the Energy and Commerce Committee reported the bill on March 21 (H.Rept. 110-35, Pt.2); the House passed the bill on March 22 in a 423-0 vote. See also S. 85 and S. 267.

H.R. 637 (Herseth, D-SD). A bill to grant a Federal charter to the National American Indian Veterans, Incorporated. STATUS: referred to the Committee on the Judiciary on January 23; referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law on March 1.

H.R. 648 (Young, R-AK). No Child Left Behind Improvements Act of 2007. A bill to amend the Elementary and Secondary Education Act of 1965, and for other purposes. STATUS: referred to the Committee on Education and Labor on January 23.

H.R. 673 (Grijalva, D-AZ). Cocopah Lands Act. A bill to direct the Secretary of the Interior to take lands in Yuma County, Arizona, into trust as part of the reservation of the Cocopah Indian Tribe, and for other purposes. STATUS: referred to the Committee on Natural Resources on January 24.

H.R. 679 (Hooley, D-OR). A bill to waive application of the ISDEAA to a specific parcel of real property transferred by the United States to 2 Indian tribes in Oregon, and for other purposes. STATUS: referred to the Committee on Natural Resources on January 24. See also S. 375.

H.R. 835 (Abercrombie, D-HI). Hawaiian Homeownership Opportunity Act of 2007. A bill to reauthorize the programs of the Department of Housing and Urban Development for housing assistance for Native Hawaiians. STATUS: referred to the Committee on Financial Services on February 6; the Committee reported the bill on March 15 (H.Rept. 110-50); the House passed the bill on March 28.

H.R. 865 (Young, R-AK). Copper Valley Native Allotment Resolution Act of 2007. A bill to grant rights-of-way for electric transmission lines over certain Native allotments in the State of Alaska. STATUS: referred to the Committee on Natural Resources on February 6; the Committee reported the bill on March 7 (H.Rept. 110-91); the House passed the bill on April 17.

H.R. 883 (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. STATUS: referred to the Committee on Natural Resources on February 7; referred to the Subcommittee on Water and Power on February 13.

H.R. 949 (McDermott, D-WA). Duwamish Tribal Recognition Act. A bill to extend Federal recognition to the Duwamish Tribe, and for other purposes. STATUS: referred to the Committee on Natural Resources on February 8.

H.R. 956 (Renzi, R-AZ). A bill to repeal section 10(f) of Public Law 93-531, which authorizes the partition of the surface rights in the joint use area of the 1882 Executive order Hopi Reservation and the surface and subsurface rights in the 1934 Navajo Reservation between the Hopi and Navajo Tribes. Section 10(f) is commonly known as the “Bennett Freeze’’. STATUS: referred to the Committee on Natural Resources on February 8. See also S. 531.

H.R. 965 (Udall, D-CO). A bill to amend the Carl D. Perkins Vocational and Technical Education Act of 1998 to modify the definition of “Indian student count”. STATUS: referred to the Committee on Education and Labor on February 8.

H.R. 966 (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. STATUS: referred to the Committee on Natural Resources on February 8.

H.R. 967 (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. STATUS: referred to the Committee on Natural Resources on February 8.

H.R. 968 (Udall, D-CO). National Fund for Excellence in American Indian Education Amendments Act of 2007. A bill to amend the Indian Self-Determination and Education Assistance Act (“ISDEAA”) to modify provisions relating to the National Fund for Excellence in American Indian Education (“NFEAIE”). STATUS: referred to the Committee on Education and Labor, and the Committee on Natural Resources on February 8, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

H.R. 1276 (Bono, R-CA). Soboba Band of Luiseno Indians Settlement Act. A bill to approve, ratify, and confirm the settlement agreement entered into to resolve claims by the Soboba Band of Luiseno Indians relating to alleged interferences with the water resources of the Tribe, to authorize and direct the Secretary of the Interior to execute and perform the Settlement Agreement and related waivers, and for other purposes. STATUS: referred to the Committee on Natural Resources on March 1; referred to the Subcommittee on Water and Power on March 8.

H.R. 1294 (Moran, D-VA). Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act. 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. STATUS: referred to the Committee on Natural Resources on March 1; the Committee ordered the bill reported on April 25.

H.R. 1301 (Rehberg, R-MT). Little Shell Tribe of Chippewa Indians Restoration Act of 2007. 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. STATUS: referred to the Committee on Natural Resources on March 1. See also S. 724.

H.R. 1328 (Pallone, D-NJ). Indian Health Care Improvement Act Reauthorization Act of 2007. A bill to amend the Indian Health Care Improvement Act to revise and extend that Act. STATUS: referred to the Committee on Natural Resources, the Committee on Energy and Commerce, and the Committee on Ways and Means on March 6, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned; the HNRC ordered the bill reported on April 25.

H.R. 1429 (Kildee, D-MI). Improving Head Start Act of 2007. A bill to reauthorize the Head Start Act, to improve program quality, to expand access, and for other purposes; STATUS: referred to the Committee on Education and Labor on March 9; the Committee reported the bill on March 23 (H.Rept. 110-67).

H.R. 1478 (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; STATUS: referred to the Committee on Education and Labor, and in addition to the Committee on Natural Resources on March 12, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

H.R. 1575 (Stupak, D-MI). Burt Lake Band of Ottawa and Chippewa Indians Reaffirmation Act. A bill to reaffirm and clarify the Federal relationship of the Burt Lake Band as a distinct federally recognized Indian Tribe, and for other purposes; STATUS: referred to the Committee on Natural Resources on March 19. See also S. 952.

H.R. 1654 (Lungren, R-CA). A bill to amend the Indian Gaming Regulatory Act to require that the Secretary of the Interior determine that a gaming establishment on certain newly acquired Indian lands would be in the best interests of certain Indian tribes and not detrimental to the surrounding community before such lands would be eligible for certain exceptions to the general prohibition on gaming on such lands; STATUS: referred to the Committee on Natural Resources on March 22.

H.R. 1676 (Boren, D-OK). Native American Home Ownership Opportunity Act of 2007. A bill to reauthorize the program of the Secretary of Housing and Urban Development for loan guarantees for Indian housing; STATUS: referred to the Committee on Financial Services on March 26; the Committee reported the bill on April 20 (H.Rept. 110-102); the House passed the bill on April 24.

H.R. 1696 (Reyes, D-TX). A bill to amend the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act to allow the Ysleta del Sur Pueblo tribe to determine blood quantum requirement for membership in that Tribe; STATUS: referred to the Committee on Natural Resources on March 26.

H.R. 1795 (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, and for other purposes; STATUS: referred to the Committee on Education and Labor, and in addition to the Committee on Natural Resources on March 29, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

H.R. 1875 (Boren, D-OK). A bill to amend the Internal Revenue Code of 1986 to permanently extend the Indian employment credit and the depreciation rules for property used predominantly within an Indian reservation; STATUS: referred to the Committee on Ways and Means on April 17.

H.R. 1946 (Bonner, R-AL). Mowa Band of Choctaw Indians Recognition Act. A bill to extend Federal recognition to the Mowa Band of Choctaw Indians of Alabama, and for other purposes; STATUS: referred to the Committee on Natural Resources on April 19.

House Resolutions

H.J. Res. 3 (J. Davis, R-VA). A joint resolution to acknowledge a long history of official depredations and ill-conceived policies by the United States Government regarding Indian tribes and to offer an apology to all Native Peoples on behalf of the United States. STATUS: referred to the Committee on Natural Resources on January 4.

H. Res. 77 (Rehberg, R-MT). A resolution amending the Rules of the House of Representatives to establish the Committee on Indian Affairs. STATUS: referred to the Committee on Rules on January 18.

H. Res. 269 (Hastings, D-FL). A resolution providing for consideration of the bill (H.R. 835) to reauthorize the programs of the Department of Housing and Urban Development for housing assistance for Native Hawaiians. STATUS: Passed by the House on March 27.

EXECUTIVE BRANCH

NIGC Announces Intent to Revise Proposed Class II Regulations. On February 9, the NIGC announced that if it goes forward with regulations to distinguish technologic aids to bingo and Class III casino games and accompanying technical standards, those regulations would not be the same as those initially released in 2006. Those draft regulations were effectively withdrawn and the NIGC is working on new drafts but has not announced when any new proposals will be released.

Mashpee Wampanoag Tribe Gains Federal Acknowledgment. On February 15, the Department of Interior (“DOI”) issued a Final Determination to acknowledge the Mashpee Wampanoag Indian Tribal Council, Inc., (“Mashpee”) as an Indian tribe. The Mashpee, which includes 1,453 members, is located on Cape Code, Massachusetts. The determination was formally announced in the Federal Register on February 22, 2007 and will become effective within 90 days unless a request for reconsideration is submitted.

SUPREME COURT

Cert Denied in Burrell v. Armijo. On January 16, the Supreme Court denied review of Burrell v. Armijo, a case affirming tribal sovereign immunity. The Burrells, a non-Indian couple leasing lands located within the Santa Ana Pueblo in New Mexico, attempted to the sue the tribal government for violations of civil rights and breach of a federal farm lease. The U.S. Court of Appeals for the Tenth Circuit ruled that the Burrells could only proceed with certain claims against individual tribal leaders because sovereign immunity has been found not to apply to an official where the official is acting in his individual capacity or outside the scope of powers that have been delegated to him by the Tribe itself. The Burrells unsuccessfully petitioned the Supreme Court to reinstate the Pueblo as a defendant in the case. However, a lower court might consider claims that individual tribal leaders discriminated against the Burrells.

Cert Denied in Alaska Constitutional Legal Defense Conservation Fund v. Kempthorne. On January 22, the Supreme Court denied the Alaska Constitutional Legal Defense Conservation Fund’s (“Fund”) petition for writ of certiorari. The Fund sued DOI on behalf of seven individuals claiming they were denied a chance to hunt Dall sheep in northwest Alaska because the Federal Subsistence Board, comprised of DOI officials, limited Dall sheep hunting to rural residents. Rural, as opposed to urban, preference often provides for more liberal hunting and fishing rights for rural residents, who are perceived as the dominant Native Alaskan population. Rural preference arose after the State directly granted preference to Native Alaskans, an act subsequently found to be unconstitutional in Alaska because the State’s constitution strictly prohibits discrimination based on race. The Fund argued that rural preference violates the equal protection clause of the U.S. Constitution and the public trust doctrine. (The public trust doctrine is a legal principle stating that certain resources are preserved for public use and the government is required to maintain them for the public’s reasonable use.) The Fund lost in both federal district and appeals courts. The 9th Circuit Court of Appeals denied the appeal after determining that the case did not involve a “suspect class,” a term used to refer to people of a certain race or national origin, and therefore no constitutional issue was involved. Alaska’s rural versus urban preference may remain in effect.

Cert Denied in Cobell v. Kempthorne. On March 26, the Supreme Court declined to review a U.S. Court of Appeals decision that removed U.S. District Judge Royce Lamberth from Cobell v. Kempthorne. The appeals court said Judge Lamberth had lost his objectivity in the case and petitioners sought review to determine whether the appeals court could order the judge removed and reassign the case.

OTHER

NCAI State of Indian Nations Address. On Thursday, January 25, NCAI President Joe Garcia delivered the State of Indian Nations Address from the National Press Club. President Garcia stressed six priority areas for tribal nations to examine and build upon their success from 2006: Strengthening Tribal Governments; Education; Public Safety; Health Care; Economic Development; and Natural Resources. The address was concluded with a question-and-answer session with the audience.

San Manuel Indian Bingo & Casino v. NLRB. On February 9, the U.S. Court of Appeals for the District of Columbia handed down its decision in the San Manuel v. National Labor Relations Board (“NLRB”) case. The Court held that the NLRB had the discretion to apply the National Labor Relations Act (“NLRA”) to employment at the casino. In doing so, the Court framed its analysis in terms of two questions: (1) whether the application of the NLRA to San Manuel’s casino would violate federal Indian law by impinging upon protected tribal sovereignty; and (2) if such application was not a violation, whether the term “employer” in the NLRA reasonably encompasses Indian tribal governments operating commercial enterprises.

In reviewing the first question, the Court first limited the principle that ambiguities in federal statutes must be resolved in favor of Indians by noting that it had never been applied to a statute of general application (such as the NLRA), only to statutes or provisions of statutes enacted specifically for the benefit of Indians or for the regulation of Indian affairs. The Court next avoided the related principle that a clear expression of Congressional intent is necessary before a court may construe a federal statute so as to impair tribal sovereignty by finding that application of the NLRA had only minor impacts on tribal sovereignty. This point formed the crux of the opinion.

The Court’s analysis focused heavily on whether the so-called operation of a casino is a “traditional governmental activity”. The Court distinguished between traditional governmental acts and collateral activities. The court determined that tribal sovereignty only protects “acts of governance.” The Court acknowledged that enacting a tribal labor ordinance and entering into a tribal-state compact were acts of governance, but concluded that applying the NLRA would have a minimal impact on the tribe’s general ability to govern. The Court emphasized the fact that the tribe’s activity was primarily commercial and that the governmental acts (labor ordinance and gaming compact) were ancillary to the commercial activity. The “limited impact” (to tribal revenue and legislative and executive authority) did not create a basis for restricting the construction of the NLRA. Since the Court characterized the casino as a purely commercial enterprise (not a traditional attribute of self-government) and since the vast majority of the casino’s employees and customers are not tribal members, the Court rendered that application of the NLRA does not infringe upon tribal sovereignty.

The Court’s analysis of the second question was fairly brief. The court deferred to the NLRB’s decision under the Chevron doctrine. While it conceded the plausibility of the tribe’s argument that the NLRA’s statutory exception for various government entities could be interpreted to include tribal governments, it relied primarily on the ordinary meaning of the term “employer.” The Court found the NLRB’s interpretation of the term to include the tribe as operator of the casino reasonable and therefore permissible.

Finally, the Court rejected the tribe’s argument that IGRA restricted the scope of the NLRA. The Court found no indication that Congress intended to limit that scope, even through the establishment of the tribal-state compacting process. Thus, the court upheld the NLRB’s application of the NLRA to San Manuel’s casino. The Band has not yet filed an appeal to the Supreme Court.

NCAI Winter Session. On February 26 through February 28, NCAI held its annual Winter Session in Washington, D.C. Rep. Frank Pallone (D-NJ) addressed the general membership about the importance of lobbying and visiting members of Congress, emphasizing the need to educate Congress on Indian issues. He also noted that his priorities include the IHCIA, energy, and homeland security. Jim Cason, Acting Assistant Secretary of Indian Affairs, also addressed the general membership, one of his last speeches before the Senate confirmed Carl Artman’s nomination.

NIGA/NCAI Joint Task Force on Gaming. On Wednesday, February 28, NIGA and NCAI held a Joint Task Force Meeting to discuss gaming legislation and regulatory action. NIGA reported that SCIA instructed NIGC to work with tribes on a CRIT/Minimum Internal Control Standards (“MICS”) fix. They also provided an update on Class II regulations proposed by NIGC, including game classifications, or rules that the NIGC uses to determine Class II v. Class III machines; and Class II technical standards, used by manufacturers in building and designing Class II games. NIGA expects the NIGC to move forward with technical standards this year, but it is unclear whether the NIGC will re-issue classification regulations. NIGC Chairman Phil Hogen and newly-commissioned Norm Des Rosiers, and George Skibine, Director of the BIA Office of Indian Gaming, also addressed the group.

NCAI Meeting with Department of Homeland Security. On March 1, 2007, NCAI coordinated a meeting with representatives from the Department of Homeland Security (“DHS”) to discuss the Western Hemisphere Travel Initiative (“WHTI”). Tribal representatives in attendance laid out the particular homeland security and border-crossing issues that they face while the DHS representatives sought to gain input on how to incorporate the special needs of border tribes within overall federal border security measures, and in particular, the identification document requirements that will be required for cross-border land crossings starting in January 2008. Much of the discussion focused on ways for tribes to meet minimum integrity standards for the issuance of tribal identification cards that DHS is examining as possible acceptable forms of identification. DHS plans to release a proposed rule regarding land and sea entry under WHTI later this spring or summer, despite an extension approved by Congress.

Reporting Abusive Schemes in Indian Country. On March 6, the Internal Revenue Service (“IRS”) 0ffice of Indian Tribal Governments posted a revised link for reporting abusive schemes that surface within Native American country. The link is designed to enable the IRS to take action where warranted in order to protect tribes and tribal members from financial risk. The IRS also released a “scam alert” involving a bogus request for Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for U.S. Tax Withholding, which is being perpetrated in an attempt by those promoting the scam to secure personal financial information from unsuspecting individuals. The guidance can be found at http://www.irs.ustreas.gov/govt/tribes/article/0,,id=128822,00.html .

UPCOMING EVENTS

May 30 – June 1 – NIHB Tribal Summit for American Indian and Alaska Native Young Adults with Diabetes. Hotel Albuquerque, Albuquerque, NM. For more information see: http://www.nihb.org/staticpages/index.php?page=aianyouthdisabilities

June 4-5 – NCAI and National Alliance to Save Native Languages – Native Language Revitalization National Summit. To be held at the National Museum of the American Indian and Capitol Hill, Washington, DC. For further information, or to register for the summit, please go to www.savenativelanguages.com or call 206-420-9194.

June 10-13 – NCAI Mid Year Session. Egan Convention Center, Anchorage, Alaska. www.ncai.org

July 6-10 – National United National Indian Tribal Youth (“UNITY”) Conference. Arlington, VA. www.unityinc.org

July 23-24 – Tribal Self-Governance Advisory Committee Meeting. Anchorage, Alaska.

August 23 – “Prez on the Rez”. Democratic Nominee Forum re: critical issues facing Indian Country. Morongo Resort and Spa, Cabazon, CA. Details TBA.

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