2007 Year End Report
 
January 18, 2008
 

This Report summarizes some of the major actions of 2007, the first session of the 110th Congress, and related events, through December 31, 2007.

CAPITOL HILL – Overview of 2007

The 110th Congress convened on January 4, 2007, with the Democrats assuming control of both chambers and Representative Nancy Pelosi (D-CA) as the first woman to serve as Speaker of the House of Representatives. Congress passed, and the President signed into law, several major bills in 2007, including ethics reform for greater transparency in the legislative process (S. 1), a Fiscal Year (“FY”) 2007 emergency funding supplemental bill, an energy bill (H.R. 6), and a bill implementing the 9/11 Commission recommendations. The Senate was unable to pass comprehensive immigration reform, and the House Democratic Leadership has decided not to consider immigration reform until the Senate completes its action. In addition, although the House and Senate worked on approving and passing their individual FY 2008 appropriations bills throughout the year, Congress did not finalize any of the twelve bills before the fiscal year ended on September 30. Therefore, Congress enacted three Continuing Resolutions (“CRs”) to temporarily fund the federal government as Congress worked on the appropriations bills in various forms and then passed a Department of Defense (“DOD”) spending bill, which the President signed. Finally, in December, Congress passed an omnibus appropriations bill covering all eleven remaining areas, which the President ultimately signed. The first session of the 110th Congress adjourned on December 20 (see EYE ON CONGRESS: FY 2008 Appropriations).

With regard to Indian affairs-related legislation, several bills with significant impact to Indian Country saw action in 2007, in one or both chambers of Congress, including reauthorization of the Indian Health Care Improvement Act (“IHCIA”), Native American Housing and Self Determination Act (“NAHASDA”), and Indian Head Start programs (see EYE ON CONGRESS: IHCIA, NAHASDA, and Head Start Reauthorization and Indian Head Start, respectively).

EYE ON CONGRESS

FY 2008 Appropriations. On February 5, President Bush sent a $2.9 trillion FY 2008 budget to Congress, which included $10.6 billion for the Department of the Interior (“DOI”), $300 million more than the FY 2007 amount enacted under the Joint Resolution. Under the DOI, the President proposed $2.2 billion for the Bureau of Indian Affairs (“BIA”) and $1.99 billion for the Operation of Indian Programs. Meanwhile, the President proposed $4.1 billion for the Indian Health Service (“IHS”), an increase of $100 million over the FY 2007 requested amount. The House completed all twelve of its FY 2008 appropriations bills, but the Senate only passed seven of its FY 2008 appropriations bills before the start of FY 2008, so Congress was forced to pass a CR to provide temporary funding through November 16. House and Senate leadership decided to move forward with a “mini-bus” appropriations package that included the Labor-Health and Human Services (“Labor-HHS”); Military Construction/Veterans’ Affairs; and DOD appropriations bills instead of passing individual bills. However, only the FY 2008 Labor-HHS appropriations bill was considered, and vetoed, by the President. The House failed to override the veto on November 15. The President signed the FY 2008 DOD appropriations bill separately on November 13 (P.L. 110-116), which included a second CR to provide temporary funding through December 14.
In mid-December, Congress agreed to combine the remaining eleven appropriations bills into one omnibus spending package, but was forced to pass a third CR to provide temporary funding through December 21.

In putting together the final omnibus bill, funding for each of the bills was reduced to reach the President’s $932.8 billion overall spending target. However, in an exception to the across-the-board cuts, veterans’ programs received a $3.7 billion increase.

Under the FY 2008 Interior portion of the omnibus, all Interior programs, activities, and earmarks (including BIA and IHS) received an across-the-board 1.56 percent reduction from the final amounts set by the House and Senate. The President signed the omnibus spending bill into law on December 26.

The following provides an overview of FY 2008 Indian programs before the 1.56 percent reduction.

FY 2008 Bureau of Indian Affairs:

• $2.1 billion for BIA, an increase of $100 million over the President’s request, $10 million more than the House amount, and $40 million more than the Senate amount;
• $14 million for the Johnson O’Malley Grants Program (“JOM”), eliminated under the President’s FY 2008 budget request, $8.5 million more than the Senate amount but $2.5 million less than the House amount;
• $13.8 million for the Housing Improvement Program (“HIP”), eliminated under the President’s request, $4.4 million more than the Senate amount but $5 million less than the House amount;
• $149.6 million for the BIA Contract Support Program, as proposed by the President and provided by both the House and Senate; and
• $231.8 million for the BIA Law Enforcement Program, an increase over both the Senate amount and the President’s request of $225.8 million and $221.8 million, respectively.

FY 2008 Indian Health Service

• $3.39 billion for IHS, slightly more than the $3.38 billion provided by the House and $3.37 billion provided by the Senate;
• $35.1 million for the Urban Indian Health Program, eliminated under the President’s request and $1 million more than the House amount;
• $2.47 billion for the IHS Clinical Services Program, an increase from the Senate mark of $2.45 billion and the President’s request of $2.42 billion;
• $129.6 million for Preventative Health;
• $64.6 million for Direct Operations;
• $271.6 million for IHS Contract Support Costs, the same amount provided by the Senate and the President’s request, but slightly less than the House amount of $274.6 million;
• $172.3 million for the Facilities and Environmental Health Support Program, $7.5 million more than the President’s request and almost $2 million more than the Senate amount; and
• $53.7 million for Maintenance and Support, an increase from the $52.6 million provided by House and $1.9 million more than the President’s request.

IHCIA Reauthorization. In 2007, both chambers considered legislation reauthorizing the IHCIA. H.R. 1328, introduced by Rep. Frank Pallone (D-NJ), was approved by the House Natural Resources Committee (“HNRC”) and the House Energy and Commerce Subcommittee on Health, but still awaits action by the full Energy and Commerce and Ways and Means Committees. In the Senate, S. 1200, introduced by Sen. Byron Dorgan (D-ND), Chairman of the Senate Committee on Indian Affairs (“SCIA”), was approved by the SCIA. In August, Senator Dorgan secured a commitment from Senate Majority Leader Harry Reid (D-NV) to schedule the bill for floor action before the end of the year. However, Senate Majority Leader Reid informed Senator Dorgan on November 12 that S. 1200 would not be brought to the Senate floor before the end of the first session of the 110th Congress. Senator Reid has scheduled S. 1200 for the Senate floor for January 22.

Indian Head Start. On December 12, the President signed the Head Start Reauthorization Act, which included Indian Head Start provisions, into law (P.L. 110-134). The Act provides a $50 million per year expansion of the Indian Head Start program with the increase to be phased in over several years, a 27 percent increase in the current size of the program. The Act also provides funding adjustments for Indian Head Start for inflation and a 5 percent increase, approximately $7.5 million, to overall Head Start funding as “special expansion dollars,” which will become part of the base funding for Indian Head Start and remain intact until the next Head Start reauthorization. The conference report accompanying the bill also preserved the “public official” exception for governing bodies, as included in the House bill. Currently, most Indian Head Start programs are managed by the tribal council or a board made up of council members. The provision preserves the sovereign and organizational composition of current Indian Head Start governing bodies by including tribal councils and tribal council members as defined by the term “public officials” within the governing body overseeing the Head Start programs.

Native American Housing. Congress actively considered Native American housing issues in 2007. On June 18, the President signed H.R. 1676 (Kildee, D-MI), a bill extending the Housing and Community Development Act of 1992 through FY 2012, authorizing appropriations for the Indian Housing Loan Guarantee Fund, providing loan guarantees for Native American housing, and limiting the outstanding aggregate principal amount of such loans, into law (P.L. 110-37). In addition, both chambers considered legislation reauthorizing NAHASDA. On September 6, the House passed H.R. 2786 (Kildee, D-MI), with the following amendments:

• King Amendment (R-IA): to prohibit the use of funds authorized under the bill to employ undocumented aliens;
• Pearce Amendment (R-NM): to establish a demonstration program for guaranteed loans to finance tribal community and economic development activities; and
• Watt Amendment (D-NC): to prohibit the use of funds for the benefit of the Cherokee Nation of Oklahoma (“Nation”) until the Nation fully recognizes all Cherokee Freedman and their descendants as citizens of the Nation. Rep. Dan Boren (D-OK) offered an amendment to the Watt amendment incorporating Congressional findings with respect to the status of the Cherokee Freedman.

In the Senate, the SCIA Chairman Byron Dorgan introduced S. 2062, a companion bill to H.R. 2786. SCIA held a markup and ordered S. 2062 reported favorably without amendment on September 27. S. 2062 must also be considered by the Senate Committee on Banking, Housing, and Urban Affairs, which has not yet scheduled a hearing or markup on the bill, but has 60 days from December 10 to consider the bill.

Farm Bill Reauthorization. Congress also considered legislation reauthorizing the Farm Bill of 2002, which includes several programs that benefit Indian tribes. On July 27, the House passed H.R. 2419 (Peterson, D-MN), improving how the U.S. Department of Agriculture treats Indian and minority farmers by strengthening the Food Distribution Program on Indian Reservations. On November 2, Sen. Tom Harkin (D-IA) introduced a bill in the Senate, S. 2303, which included a provision expanding tribal access for the Fresh Fruit and Vegetable Program, a pilot project to provide children more access to fresh fruits and vegetables. On December 14, the Senate passed H.R. 2419, the House Farm Bill, with amendments. The bill, which now awaits conference, will extend the programs through FY 2012.

8(a) Contracting. There was significant activity on Native 8(a)’s and the 8(a) program in 2007. Three House Committees, including the Oversight and Government Reform, House Natural Resources, and House Small Business, held hearings focused directly on the Native 8(a) program. In addition, the following bills were considered by Congress:

• H.R. 1362 (Waxman, D-CA), the Accountability in Contracting Act. H.R. 1362 does not contain direct language on Native 8(a) programs, but could impact sole source contracts for American Indian and Alaska Native contractors. The House passed H.R. 1362 on March 15, and the bill is now pending in the Senate Committee on Homeland Security and Governmental Affairs.
• H.R. 1873 (Braley, D-IA), the Small Business Fairness in Contracting Act. On May 10, the House passed H.R. 1873 to reauthorize the programs and activities of the Small Business Administration (“SBA”) relating to procurement. The House-passed bill includes “placeholder” language directing the Federal Procurement Administrator to establish limits on the value of contracts awarded without competition under the 8(a) program if Congress fails to act by December 31, 2007. The language also 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. The bill was received in the Senate and referred to the Senate Committee on Small Business and Entrepreneurship.
• H.R. 3867 (Velazquez, D-NY), the Small Business Contracting Program Improvement Act. On October 30, the House passed H.R. 3867, a bill to update and expand the procurement programs of the SBA. H.R. 3867 would modernize the 8(a) contracting program, expand opportunities for women entrepreneurs, and modify the service-disabled veteran procurement program. H.R. 3867 also contains provisions updating the 8(a) program to raise the net worth for participation from $250,000 to $750,000, and to ensure that federal agencies are subject to small business goals corresponding to each of the SBA’s various contracting programs.
• S. 2176 (Johnson, D-SD), to promote the development of Native American small business concerns, was referred to the Senate Small Business and Entrepreneurship Committee on October 17 and is awaiting Committee action.

Rep. Henry Waxman (D-CA) also tried to file an amendment to H.R. 1585, the Defense Authorization Bill, to require agencies with large acquisition budgets to develop a plan to “minimize and report” on sole source contracting. The directive targeted all sole source contracts, including Native 8(a) contracts (above the competitive pricing threshold), and exempted all other small business contracts. However, the amendment was not adopted as part of H.R. 1585.

Homeland Security. On August 3, the President signed into law 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 Recommendations Act” or “Act”) (P.L. 110-053). Under the Act, all tribes are eligible to receive Department of Homeland Security (“DHS”) funding through their state government, but if a state fails to timely transfer funds, then the tribe may apply to receive the funds directly. In addition, the Act contains provisions for direct funding to tribal governments from DHS. “Directly eligible tribes” (tribes in the continental U.S. which operate a law enforcement or emergency response agency with the capacity to respond to calls for law enforcement or emergency services, and which have not received funds for the same purpose from a state government) may apply to receive homeland security funds directly from DHS if they submit a plan that shows consistency with the state homeland security plan. The tribe must also meet one of the following criteria: (1) located on or near an international border or a coastline; (2) located within ten miles of prioritized critical infrastructure list item; (3) located within or contiguous to one of the 50 most populous metropolitan areas; or (4) jurisdiction over 1,000 square miles of Indian country. The Act contains a minimum 0.1 percent set-aside for directly eligible tribes and requires states to provide grant funds to assist tribal communities in improving interoperable communications.

Gaming. In 2007, Congress did not consider gaming issues as extensively as it did in 2006. However, the following issues were raised:

• Discussion draft bill to overturn Colorado River Indian Tribes (“CRIT”) v. National Indian Gaming Commission (“NIGC”). On June 21, SCIA Chairman Dorgan released a discussion draft to overturn the CRIT decision, which held that the Indian Gaming Regulatory Act (“IGRA”) does not provide NIGC with authority to regulate certain Class III tribal gaming activity. The SCIA held a hearing on June 28 to discuss the draft, but a bill has not been not introduced.
• Section 20 Applications. On June 26, the House defeated an amendment to the FY 2008 Interior, Environment, and Related Agencies appropriations bill proposed by Rep. Charles Dent (R-PA) that sought to prohibit the DOI from spending any money in the next fiscal year to process any tribal gaming applications made under IGRA Section 20(b)(1). The amendment would have prohibited DOI from working on or processing any Section 20 applications from October 1, 2007 until September 30, 2008, including applications under the land claims, restored lands and initial reservation exceptions, and pure Section 20 two-part determinations.
• Internet Gaming. Rep. Barney Frank (D-MA) introduced H.R. 2046, the Internet Gambling Regulatory and Enforcement Act, to reverse last year’s crackdown on Internet gambling passed by the Republican-led Congress under Title VIII of the SAFE Port Act (P.L. 109-347), which barred U.S. financial institutions (particularly banks and credit card companies) from participating in transactions between U.S.-based customer accounts and online gambling firms. H.R. 2046 does not seek to legalize gambling itself or supersede decisions by states or tribes to either prohibit Internet gambling or impose limits, but instead would authorize the Department of Treasury (“Treasury”) Financial Crimes Enforcement Network (“FinCEN”) to license and monitor Internet gambling. Indian tribes and states would be permitted to opt-out of the licensing program. The bill was referred to the House Energy and Commerce and Financial Services Committees and is awaiting Committee action.

Economic Development and Taxation. On November 9, the House passed H.R. 3996 (Rangel, D-NY), the Temporary Tax Relief Act of 2007 (the “Tax Act”). In addition to providing alternative minimum tax relief, the Tax Act would grant a one-year extension for the Indian employment credit and the accelerated depreciation provision for business property located on an Indian reservation. However, the Senate, did not pass the Tax Act because of disagreement over the revenue raisers contained in the bill. A modified versionof the bill was passed right before Congress adjourned forthe year. However, the modified version of the bill did not contain either the Indian employment credit or the accelerated depreciation provision. Subsequently, the Senate has expressed a desire to revisit both of those provisions thisyear.

COMMITTEE ACTION

Hearings in 2007

House and Senate Committees held several hearings on the following issues:

FY 2008 Budget/Appropriations for Indian Programs

• The SCIA held an oversight hearing on the President’s budget request for tribal programs for FY 2008 on February 15;
• The House Appropriations Subcommittee on Interior, Environment and Related Agencies (“Interior Subcommittee”) held a hearing on FY 2008 appropriations for the DOI on March 8;
• The House Appropriations Interior Subcommittee held a hearing on the Social and Economic Status of Native Americans, the BIA, Office of the Special Trustee (“OST”) on March 13;
• The Senate Appropriations Interior Subcommittee held a hearing on the 2008 President’s budget request for the DOI and the Environmental Protection Agency (“EPA”) on March 20;
• The House Appropriations Interior Subcommittee held a hearing on the President’s FY 2008 budget request for the BIA/OST on March 29;
• The House Appropriations Interior Subcommittee held a hearing on the FY 2008 budget for IHS on April 17; and
• The House Appropriations Interior Subcommittee continued receiving testimony on the FY 2008 proposed budget for Native Americans on April 18.

Indian Health

• The SCIA conducted an oversight hearing on diabetes in Indian Country, focusing on the Special Diabetes Program for Indians, on February 8;
• The SCIA held an oversight hearing on Indian health care and the need to reauthorize the IHCIA on March 7;
• The HNRC held an oversight hearing on H.R. 1328, reauthorization of the IHCIA, on March 14;
• The Senate Finance Committee held a hearing titled, “Keeping America’s Promise: Health Care and Child Welfare Services for Native Americans,” on March 22;
• The House Energy and Commerce Subcommittee on Health held a hearing on H.R. 1328, the IHCIA Amendments Act of 2007, on June 7; and
• The SCIA held a field hearing on Indian health at the Crow Agency multi-purpose building on the Crow Reservation in Montana on August 15.

Indian Housing

• The SCIA held a general oversight hearing on housing issues in Indian Country on March 22;
• The House Financial Services Subcommittee on Housing and Community Opportunity held a hearing on draft legislation to reauthorize NAHASDA on June 6; and
• The SCIA held a hearing to discuss Chairman Dorgan’s draft bill seeking to amend and reauthorize NAHASDA on July 19.

Federal Recognition

• The HNRC held a hearing on the Thomasina E. Jordan Indian Tribes of Virginia and the Lumbee Recognition Acts on April 18;
• The SCIA held a hearing on the process of federal recognition of Indian Tribes generally on September 19; and
• The HNRC held a hearing on H.R. 2837, the Indian Tribal Federal Recognition Administrative Procedures Act, on October 3.

Law Enforcement in Indian Country

• The SCIA held an oversight hearing to discuss law enforcement in Indian Country generally on May 17;
• The HRNC held a field hearing in Lower Brule, South Dakota, regarding the needs and challenges of tribal law enforcement on Indian reservations on June 1;
• The SCIA held an oversight hearing on law enforcement in Indian Country generally on June 21; and
• The SCIA held an oversight hearing on the prevalence of violence against Indian women on September 27.

Minority Contracting

• The Senate Small Business and Entrepreneurship Committee held a hearing on the challenges of minority entrepreneurship and evaluating the SBA’s programs for minority-owned businesses on May 22;
• The House Small Business Committee held a hearing on the SBA’s Contracting Programs, with particular emphasis on Historically Underutilized Business Zones (“HUBZone”), the 8(a) Business Development Program, and Women’s Procurement Programs, on September 19; and
• The House Oversight and Government Reform Subcommittee on Government Management, Organization, and Procurement held a hearing titled, “Federal Contracting: Removing Hurdles from Minority-Owned Small Businesses,” on September 26.

Gaming

• The House Full Committee on Financial Services held a hearing titled, “Can Internet Gambling Be Effectively Regulated to Protect Consumers and the Payments System?” on June 8;
• The SCIA held a hearing on a discussion draft bill authored by SCIA Chairman Dorgan (D-ND) to expand the authority of the NIGC over the regulation of Class III tribal gaming activities on June 28; and
• The House Judiciary Committee held a hearing titled, “Establishing Consistent Enforcement Policies in the Context of Online Wagers,” on November 14.

Bills Addressing Specific Tribes. The HNRC held two hearings on June 13 and July 11 to discuss several tribal-specific bills, including H.R. 673, H.R. 1575, H.R. 2120, H.R. 1696, H.R. 2863, and S. 375 (see INDIAN LEGISLATION INTRODUCED - 2007).

MMS Royalties (Mar. 28). The HNRC held an oversight hearing on “Royalties at Risk,” the second in a series of hearings to consider ongoing management issues at the DOI, including tribal issues at the Minerals Management Service (“MMS”).

Trust Fund Litigation (Mar. 29). The SCIA held an oversight hearing on Indian trust fund litigation to review the issue of trust management and the Cobell litigation.

Tribal Colleges and Universities (April 12). The SCIA held an oversight hearing to examine Tribal Colleges and Universities.

Shoshone-Paiute Tribes of Duck Valley Water Rights Settlement Act, S. 462 (April 26). The SCIA held a hearing to examine S. 462, 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.

Indian Education (April 28). The House Education and Labor Committee, Subcommittee on Early Childhood, Elementary, and Secondary Education held a field hearing in Arizona to review impacts of the No Child Left Behind Act on Indian education.

Rights-of-Way Over Alaska Native Allotments (May 3). The Senate Committee on Energy and Natural Resources Subcommittee on Public Lands and Forests held a hearing to examine S. 205 and H.R. 865, bills granting rights-of-way for electric transmission lines over certain Native allotments in the State of Alaska, among several other measures.

Native Hawaiian Government Reorganization (May3). The SCIA held a hearing to examine S. 310, a bill to express the policy of the U.S. regarding the U.S. relationship with Native Hawaiians and to provide a process for the recognition by the U.S. of the Native Hawaiian governing entity.

Transportation in Indian Country (July 12). The SCIA held an oversight hearing on transportation issues in Indian Country.

Nomination of Dr. Grim to Serve as Director of the IHS (July 26). The SCIA held a confirmation hearing on the nomination of Dr. Charles Grim to serve a second term as IHS Director (see EXECUTIVE BRANCH: Agency Action).

Trinity River Restoration Fund Act of 2007, H.R. 2733, and McGee Creek Project Pipeline and Associated Facilities Conveyance Act, H.R. 2085 (Sept. 18). The HNRC Subcommittee on Water and Power held a hearing on the following bills: H.R. 2733, a bill to establish the Trinity River Restoration Fund; and H.R. 2085 a bill to authorize the Secretary of the Interior to convey to the McGee Creek Authority certain facilities of the McGee Creek Project, Oklahoma.

Diversifying Native Economies (Sept. 19). The HNRC held a hearing on diversifying Native economies.

Tribal Water Legislation (Sept. 25). The HNRC Subcommittee on Water and Power held a hearing on three bills: H.R. 123, a bill to authorize appropriations for the San Gabriel Basin Restoration Fund; H.R. 2498, a bill to provide for a study regarding development of a comprehensive integrated regional water management plan addressing four general areas of regional water planning in both the San Joaquin River Hydrologic Region and the Tulare Lake Hydrologic Region of California; and H.R. 2535, “The Tule River Tribe Water Development Act.”

Backlog of Trust Land Acquisition Applications (Oct. 4). The SCIA held a hearing on land into trust applications, environmental assessments (“EA”) and environmental impact statements (“EIS”), probate, and appraisals and lease approval backlogs at the DOI.

Department of the Interior Tribal Self-Governance Act of 2007, H.R. 3994 (Nov. 7). The HNRC held a full committee hearing on H.R. 3994, to amend the Indian Self-Determination and Education Assistant Act (“ISDEAA”) to provide further self-governance by Indian tribes, and for other purposes.

Alaska Native Legislation (Nov. 14). The HNRC held a full committee hearing on the following four bills: H.R. 2445, to amend the Alaska Native Claims Settlement Act (“ANCSA”) to recognize Alexander Creek as a Native Village; H.R. 3350, the Alaska Native Veterans Land Allotment Equity Act; H.R. 3351, the Native American Challenge Demonstration Project Act of 2007; and H.R. 3560, the Southeast Alaska Native Land Entitlement Finalization Act.

INDIAN LEGISLATION INTRODUCED - 2007

Bills Introduced in the House and Senate

H.R. 65/S. 333 (McIntrye, D-NC/Dole, R-NC). Lumbee Recognition Act – to provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes. STATUS: the House passed H.R. 65 on June 7; H.R. 65 referred to the SCIA on June 12; S. 333 referred to SCIA on January 18.

H.R. 155/S. 160 (Herseth, D-SD/Thune, R-SD). Lower Brule and Crow Creek Tribal Compensation Act – 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: H.R. 155 referred to the HNRC Subcommittee on Water and Power on February 7; S. 160 referred to the SCIA on January 4.

H.R. 505/S. 310 (Abercrombie, D-HI/Akaka, D-HI). Native Hawaiian Government Reorganization Act of 2007 (Jan. 17) – 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: the House passed H.R. 505 on October 24 and placed it on the Senate Calendar on October 26; the SCIA ordered S. 310 reported favorably without amendment on May 10.

H.R. 545/S. 85/S. 267 (Udall, D-NM/McCain, R-AZ/Bingaman, D-NM). Native American Methamphetamine Enforcement and Treatment Act of 2007 (Jan. 17) – 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: S. 267 referred to the Committee on Judiciary on January 11; S. 85 placed on the Senate Calendar on March 26.

H.R. 679/S. 375 (Hooley, D-OR/Smith, R-OR). (Jan. 24) – 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: H.R. 679 referred to the HNRC on January 24; S. 375 became P.L. 110-78 on August 13.

H.R. 835/S. 710 (Abercrombie, D-HI/Inouye, D-HI). Hawaiian Homeownership Opportunity Act of 2007 – to reauthorize the programs of the Department of Housing and Urban Development (“HUD”) for housing assistance for Native Hawaiians. STATUS: H.R. 835 placed on Senate Calendar on September 26; S. 710 referred to the SCIA on February 28.

H.R. 865/S. 205 (Young, R-AK/Stevens, R-AK). Copper Valley Native Allotment Resolution Act of 2007 - to grant rights-of-way for electric transmission lines over certain Native allotments in the State of Alaska. STATUS: the House passed H.R. 865 on April 17; Senate Committee on Energy and Natural Resource Subcommittee on Public Lands and Forests held a hearing on both H.R. 865 and S. 205 on May 3.

H.R. 956/S. 531 (Renzi, R-AZ/McCain, R-AZ) (Feb. 8) – to repeal Section 10(f) of P.L. 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: H.R. 956 and S. 531 referred to the HNRC and SCIA, respectively, on February 8.

H.R. 1301/S. 724 (Rehberg, R-MT/Tester, D-MT). Little Shell Tribe of Chippewa Indians Restoration Act of 2007 (Mar. 1) – 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: H.R. 1301 and S. 724 referred to the HNRC and SCIA, respectively, on March 1.

H.R. 1328/S. 1200 (Pallone, D-NJ/Dorgan, D-ND). IHCIA Reauthorization Act of 2007 – to amend the IHCIA to revise and extend that Act. STATUS: HNRC held a markup on H.R. 1328 on April 25; House Committee on Energy and Commerce Subcommittee on Health held a markup on H.R. 1328 on November 7 and forwarded the bill to Full Committee; S. 1200 placed on Senate Calendar on October 16 and scheduled for the Senate floor for
January 22.

H.R. 1478/H.R. 1795/S. 952 (Grijalva, D-AZ/McCain, R-AZ) – 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: S. 952 referred to the SCIA on March 21; H.R. 1795 referred to the House Committee on Education and Labor and HNRC on March 29; H.R. 1478 referred to the Committee on Education and Labor Subcommittee on Higher Education, Lifelong Learning, and Competitiveness on June 27.

H.R. 1875/S.176 (Boren, D-OK/Inhofe, R-OK) - 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: H.R. 1875 referred to the Committee on Ways and Means on April 17; S. 176 referred to the Committee on Finance on January 4.

H.R. 2028/S. 514 (Boyd, D-FL/Nelson, D-FL). Muscogee Nation of Florida Federal Recognition Act – to extend Federal recognition to the Muscogee Nation of Florida. STATUS: S. 514 referred to the SCIA on Feb. 7; H.R. 2028 referred to the HNRC on April 25.

H.R. 2058/S. 1103 (Holt, D-NJ/Bingaman, D-NM). Helping Fill the Medicare Rx Gap Act of 2007 – to amend Title XVIII of the Social Security Act to include costs incurred by the IHS, 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 Title XVIII of the Social Security Act and to provide a safe harbor for assistance provided under a pharmaceutical manufacturer patient assistance program. STATUS: S. 1103 referred to the Committee on Finance on April 12; H.R. 2058 referred to the Energy and Commerce Subcommittee on Health on May 2.

H.R. 2119/S. 792/S. 1129 (Pomeroy, D-ND/Smith, R-OR). Tribal Government Equality Act of 2007 – to amend the Internal Revenue Code of 1986 and Titles I and IV of the Employee Retirement Income Security Act (“ERISA”) of 1974 to modify the definition of governmental plan with respect to Indian tribal governments. STATUS: S. 792 referred to the Committee on Health, Education, Labor and Pensions (“HELP Committee”) on March 7; S. 1129 referred to the Committee on Finance on April 17; H.R. 2119 referred to the Ways and Means and Education and Labor Committees on May 2.

H.R. 2358/S. 585 (Kildee, D-MI/Dorgan, D-ND). Native American $1 Coin Act – 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 U.S. and the history of the U.S., and for other purposes. STATUS: H.R. 2358 became P.L. 110-82 on September 20.

H.R. 2762/S. 1494 (DeGette, D-CO/Domenici, R-NM) – to amend the Public Health Service Act to reauthorize the special diabetes programs for Type I diabetes and Indians under that Act. STATUS: H.R. 2762 referred to the House Energy and Commerce Committee on June 18; S. 1494 referred to the Senate HELP Committee on May 24.

H.R. 2786/S. 2062 (Kildee, D-MI/Dorgan, D-ND). NAHASDA Reauthorization Act of 2007 – to amend NAHASDA and to reauthorize the programs for housing assistance for Native Americans. STATUS: H.R. 2786 referred to the SCIA on September 10; S. 2062 referred to the Senate Committee on Banking, Housing and Urban Affairs on December 10.
H.R. 2863/S. 1286 (DeFazio, D-OR/Smith, R-OR) – to authorize the Coquille Indian Tribe of the State of Oregon to convey land and interests in land owned by the Tribe. STATUS: H.R. 2863 became P.L. 110-274 on August 13.

H.R. 3095/S. 1819 (Kildee, D-MI/Dorgan, D-ND). Adam Walsh Child Protection and Safety Act of 2006 Deadline – to extend the deadline for Indian tribes to comply with the Adam Walsh Child Protection and Safety Act (P.L. 109-248) by one year to July 27, 2008. STATUS: H.R. 3095 referred to the SCIA and Senate Judiciary Committee on August 3; S. 1819 referred to the SCIA on July 23.

H.R. 3164/S. 1850 (Becerra, D-CA; Baucus, D-MT). Tribal Government Tax-Exempt Bond Parity Act of 2007 – 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. STATUS: H.R. 3164 referred to both the Ways and Means and Financial Services Committees on July 24; S. 1850 referred to the Senate Finance Committee on July 23.

H.R. 3361/S. 1974 (Rangel, D-NY/Kennedy, D-MA). Pension Protection Technical Corrections Act of 2007 – to make technical corrections related to the Pensions Protection Act of 2006. STATUS: H.R. 3361 referred to the House Education and Labor HELP Subcommittee on September 19; S. 1974 passed by the Senate on December 19.
H.R. 3585/S. 1852 (Baca, D-CA/Inouye, D-HI) - Native American Heritage Day Act of 2007 – to designate the Friday after Thanksgiving of each year as “Native American Heritage Day” in honor of the achievements and contributions of Native Americans to the United States. STATUS: H.R. 3585 referred to the House Education and Labor HELP Subcommittee on October 17; S. 1852 referred to the Senate Committee on the Judiciary on July 23.

H.R. 4243/S. 2367 (Pomeroy, D-ND/Johnson, D-SD). Indian Schools Construction Act (Nov. 15) - to provide for the issuance of bonds to provide funding for the construction of schools of the BIA. STATUS: H.R. 4243 referred to the House Ways and Means, Education and Labor, and HNRC on November 15; S. 2367 referred to the Senate Finance Committee on November 15.

Bills Introduced in the House

H.R. 28/H.R. 2963 (Issa, R-CA). Pechanga Band of Luiseno Mission Indians Land Transfer Act of 2007 (Jan. 4) – to transfer certain land in Riverside and San Diego Counties of California from the Bureau of Land Management (“BLM”) to the United States to be held in trust for the Pechanga Band of Luiseno Mission Indians, and for other purposes. STATUS: H.R 28 referred to the HNRC on January 4; H.R. 2963 passed by the House on July 30, received in the Senate and referred to the SCIA on August 3.

H.R. 54 (Christensen, D-Virgin Islands). Teacher Recruitment Act of 2007 (Jan. 4) – 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 Subcommittee on Higher Education, Lifelong Learning, and Competitiveness on May 9.

H.R. 106 (J. Davis, R-VA). (Jan. 4) – to extend federal recognition to the Rappahannock Tribe, and for other purposes. STATUS: referred to the HNRC on January 4.

H.R. 487 (Herseth, D-SD). Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2007 (Jan. 16) - 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 SCIA on May 8.

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

H.R. 673 (Grijalva, D-AZ). Cocopah Lands Act (Jan. 24) – 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 SCIA on August 3.

H.R. 883 (Herseth, D-SD). Oglala Sioux Tribe Angostura Irrigation Project Modernization and Development Act (Feb. 7) – 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 HNRC Subcommittee on Water and Power on
February 13.

H.R. 949 (McDermott, D-WA). Duwamish Tribal Recognition Act (Feb. 8) – to extend federal recognition to the Duwamish Tribe, and for other purposes. STATUS: referred to the HNRC on February 8.

H.R. 965 (Udall, D-CO). (Feb. 8) – 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 Subcommittee on Higher Education, Lifelong Learning, and Competitiveness on June 5.

H.R. 966 (Udall, D-CO). (Feb. 8) – 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 HNRC on February 8.

H.R. 967 (Udall, D-CO). (Feb. 8) – 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 HNRC on February 8.

H.R. 968 (Udall, D-CO). National Fund for Excellence in American Indian Education (“NFEAIE”) Amendments Act of 2007 (Feb. 8) – to amend the ISDEAA to modify provisions relating to the NFEAIE. STATUS: referred to the Committee on Education and Labor Subcommittee on Higher Education, Lifelong Learning, and Competitiveness on June 5.

H.R. 1276 (Bono, R-CA). Soboba Band of Luiseno Indians Settlement Act (Mar. 1) – 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 HNRC Subcommittee on Water and Power on March 8.

H.R. 1294 (Moran, D-VA) (Mar. 1). Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act – 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: the House passed the bill on May 8.

H.R. 1575 (Stupak, D-MI) Burt Lake Band of Ottawa and Chippewa Indians Reaffirmation Act (Mar. 19). – to reaffirm and clarify the federal relationship of the Burt Lake Band as a distinct federally recognized Indian tribe, and for other purposes. STATUS: the HNRC held a hearing on June 13.

H.R. 1654 (Lungren, R-CA). (Mar. 22) – to amend the IGRA to require the Secretary of the Interior to 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 HNRC on March 22.

H.R. 1676 (Boren, D-OK). Native American Home Ownership Opportunity Act of 2007 (Mar. 26) – to reauthorize the HUD program providing loan guarantees for Indian housing. STATUS: became P.L. 110-37 on June 18.

H.R. 1696 (Reyes, D-TX) (Mar. 26) - 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 HNRC on March 26.

H.R. 1946 (Bonner, R-AL). Mowa Band of Choctaw Indians Recognition Act (Apr. 19) - to extend federal recognition to the Mowa Band of Choctaw Indians of Alabama, and for other purposes. STATUS: referred to the HNRC on April 19.

H.R. 1954 (Grijalva, D-AZ). (April 19) – to amend the Internal Revenue Code of 1986 to allow Indian tribal governments to transfer the credit for electricity produced from renewable resources. STATUS: referred to the House Ways and Means Committee on April 19.

H.R. 2022 (Shuler, D-NC). (April 24) – to provide for the consideration of a petition for federal recognition of the Lumbee Indians of Robeson and adjoining counties, and for other purposes. STATUS: referred to the HNRC on April 24.

H.R. 2120 (Stupak, D-MI). (May 2) – to direct the Secretary of Interior to proclaim as reservation for the benefit of the Sault Ste. Marie Tribe of Chippewa Indians a parcel of land now held in trust by the U.S. for that Indian tribe. STATUS: the House passed H.R. 2120 on July 30; received in the Senate and referred to the SCIA on August 2.

H.R. 2145 (Diaz-Balart, R-FL). (May 3) – to establish a pilot program in the Department of State for improvement of government-to-government relations with the Miccosukee Tribe of Indians of Florida. STATUS: referred to the HNRC on May 3.

H.R. 2176 (Stupak, D-MI). (May 3) – to provide for and approve the settlement of certain land claims of the Bay Mills Indian Community. STATUS: referred to the HNRC on May 3.
H.R. 2210 (DeGette, D-CO). Diabetes Prevention Access and Care Act of 2007 (May 8) – 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 American Indian and Alaskan Native communities. STATUS: referred to the House Committee on Energy and Commerce Subcommittee on Health on May 8.

H.R. 2562 (Dent, R-PA). Limitation of Tribal Gambling to Existing Tribal Lands Act of 2007 (June 5) – to amend IGRA to limit casino expansion. STATUS: referred to the HNRC on June 5.

H.R. 2824 (Watson, D-CA). (June 21) – to sever the federal government’s relations with the Cherokee Nation of Oklahoma until such time as the Nation restores full tribal citizenship to the Cherokee Freedmen disenfranchised by virtue of the March 3, 2007 Nation vote, and the Nation fulfills all of its treaty obligations with the Government of the U.S. STATUS: referred to the HNRC and the House Judiciary Committee on June 21.

H.R. 2837 (Faleomavaega, D-AS). Indian Tribal Federal Recognition Administrative Procedures Act (June 22) – to provide for administrative procedures to extend federal recognition to certain Indian groups, and for other purposes. STATUS: the HNRC held a hearing on October 3.

H.R. 2952 (Kildee, D-MI). (July 10) – to authorize the Saginaw Chippewa Tribe of Indians of the State of Michigan to convey land and interests in land owned by the Tribe. STATUS: became P.L. 110-76 on August 13.

H.R. 3002 (Pearce, R-NM). Native American Economic Development and Infrastructure for Housing Act of 2007 (Jul. 11) - to establish a demonstration program to authorize the Secretary of HUD to guarantee obligations issued by Indian tribes to finance community and economic development activities. STATUS: placed on the House calendar on October 2

H.R. 3048 (Dingell, D-MI). (July 16) – to provide for and approve the settlement of certain land claims of the Sault Ste. Marie Tribe of Chippewa Indians. STATUS: referred to the HNRC on July 16.

H.R. 3069 (Nunes, R-CA). Dunlap Band of Mono Indians Reaffirmation Act (July 17) - to reaffirm and clarify the federal relationship of the Dunlap Band of Mono Indians as a distinct federally recognized Indian tribe. STATUS: referred to the HNRC on July 17.

H.R. 3413 (Kline, R-MN). Tribal Labor Sovereignty Act of 2007 (August 3) – to clarify the rights of Indians and Indian tribes on Indian lands under the National Labor Relations Act. STATUS: referred to the House Education and Labor HELP Subcommittee on September 19.

H.R. 3522 (Udall, D-NM). (Sept. 10) – to ratify a conveyance of a portion of the Jicarilla Apache Reservation to Rio Arriba County, State of New Mexico, pursuant to the settlement of litigation between the Jicarilla Apache Nation and Rio Arriba County, State of New Mexico, to authorize issuance of a patent for said lands, and to change the exterior boundary of the Jicarilla Apache Reservation accordingly. STATUS: referred to the HNRC on September 10.

H.R. 3699 (Oberstar, D-MN). (Sept. 27) – to provide for the use and distribution of the funds awarded to the Minnesota Chippewa Tribe in Minnesota Chippewa Tribe v. United States, Docket Nos. 19 and 188, United States Court of Federal Claims. STATUS: referred to the HNRC on September 27.

H.R. 3709 (Filner, D-CA). (Oct. 1) – to authorize inter-tribal transfers of authority in leases between the Ewiiaapaayp Band of Kumeyaay and the Viejas Band of Kumeyaay. STATUS: referred to the HNRC on October 1.

H.R. 3787 (McHugh, R-NY). Land in Trust Public Hearing Act (Oct. 9) – to require that the Secretary of Interior hold at least one public hearing in the surrounding community where land requested to be taken into trust for an Indian tribe is located in order to ascertain the needs and interests of that surrounding community. STATUS: referred to the HNRC on October 9.

H.R. 3788 (Myrick, R-NC). (Oct. 9) – to ensure that no federal law shall prevent the Tuscarora Nation of Indians of the Carolinas from seeking federal recognition as an Indian tribe. STATUS: referred to the HNRC on October 9.

H.R. 3960 (Kind, D-WI). Native American Full Access to Dental Care Act (Oct. 24) – to amend the Internal Revenue Code of 1986 to exclude from gross income loan repayments made under the IHS Loan Repayment Program in return for service as a dentist. STATUS: referred to the House Ways and Means Committee on October 24.

H.R. 3994 (Boren, D-OK). (Oct. 30) - Department of the Interior Tribal Self-Governance Act of 2007 - to conform Title IV of the Act to the reforms enacted by Congress in 2000 in Title V regarding the IHS; extend the improvements made in Title V to Title IV; and create greater tribal administrative efficiency by allowing tribes to use the same rules and procedures for both IHS and DOI-funded tribal self-governance programs. STATUS: the HNRC held a hearing on November 8.

H.R. 4012 (Wilson, R-NM). Native American Veterans Language Assistance Act (Oct. 30) – to establish a grant program to provide Native American veterans with language resources to facilitate access to medical services provided by the Department of Veterans Affairs. STATUS: referred to the House Veterans’ Affairs Committee on October 30.

H.R. 4025 (Boyda, D-KS). (Oct. 31) – to amend the Surface Mining Control and Reclamation Act of 1977 to clarify the minimum distribution under that Act to certain States and Indian tribes. STATUS: referred to the HNRC Subcommittee on Energy and Mineral Resources on November 2.

H.R. 4027 (Hastings, R-WA). (Oct. 31) – to amend the Native American Graves Protection and Repatriation Act (“NAGPRA”) so that it will be interpreted in accordance with the original intent of Congress to require a significant relationship be found between remains discovered on federal lands and presently existing Native American tribes for those remains to be applicable under NAGPRA. STATUS: referred to the HNRC on October 31.

H.R. 4168 (Stupak, D-MI). (Nov. 13) – to authorize the Sault Ste. Marie Tribe of Chippewa Indians of the State of Michigan to convey land and interests in land owned by the Tribe. STATUS: referred to the HNRC on November 13.

H.R. 4462 (Granger, R-TX). (Dec. 12) – to authorize the award of a Congressional gold medal on behalf of the Native Americans who served as Code Talkers during foreign conflicts in which the United States was involved during the 20th Century in recognition of their heroic and dramatic contributions to the Nation. STATUS: referred to the House Financial Services Committee on December 12.

H.R. 4544 (Boren, D-OK). Code Talkers Recognition Act of 2007 (Dec. 13) – to require the issuance of medals to recognize the dedication and valor of Native American Code Talkers. STATUS: referred to the House Financial Services Committee on December 13.

House Resolutions

H.Res.77 (Rehberg, R-MT) (Jan. 18) - 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.710 (Issa, R-CA) (Oct. 3) - commemorating the 125th Anniversary of the establishment of the Pechanga Indian Reservation. STATUS: referred to the HNRC on October 3.

H.Res.744 (Wilson, R-NM) (Nov. 5) - recognizing the contributions of Native American veterans and calling upon the President to issue a proclamation urging the people of the United States to observe a day in honor of Native American veterans. STATUS: the House passed H.Res.744 on November 5.

House Joint Resolutions

H.J.Res.3 (J. Davis, R-VA)/H.J.Res.68 (Boren, D-OK) - acknowledging 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: H.J.Res. 3 referred to the HNRC on January 4; H.J.Res. 68 referred to the HNRC on December 11.

H.J.Res.62 (Baca, D-CA). Native American Heritage Day (Nov. 14) – honoring achievements and contributions of Native Americans to the United States, and for other purposes. STATUS: referred to the SCIA on November 14.

Bills Introduced in the Senate

S. 56 (Inouye, D-HI) (Jan. 4) - 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. 90 (Vitter, R-LA). (Jan. 4) - 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. 199 (Murkowski, R-AK). (Jan. 8) - 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). (Jan. 8) - 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. 322 (Dorgan, D-ND). Indian Youth Telemental Health Demonstration Project Act of 2007 (Jan. 17) - to establish an Indian youth telemental health demonstration project. STATUS: placed on the Senate Calendar on April 10.

S. 395/S. 964 (Schumer, D-NY) - to require states and Indian tribes to designate specific highway routes over which hazardous materials may be transported (and the long-distance transportation of solid waste). STATUS: S. 395 and S. 964 were referred to the Committee on Commerce, Science, and Transportation on January 25 and March 22,
respectively.

S. 398 (Dorgan, D-ND). Indian Child Protection and Family Violence Act Amendments of 2007 (Jan. 25) - 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 Judiciary Subcommittee on Crime, Terrorism, and Homeland Security on June 25.

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

S. 462 (Reid, D-NV). Shoshone-Paiute Tribes of Duck Valley Water Rights Settlement Act (Jan. 31) - 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: the SCIA ordered reported the bill favorably with an amendment on July 19.

S. 481 (Conrad, D-ND). Tribal Colleges and Universities Faculty Loan Forgiveness Act (Feb. 1) - to recruit and retain more qualified individuals to teach in Tribal Colleges or Universities. STATUS: placed on the Senate calendar on April 10.

S. 1058 (Levin, D-MI). Grand River Bands of Ottawa Indians of Michigan Referral Act (Mar. 29 ) - 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 SCIA on March 29.

S. 1080 (Baucus, D-MT). Crow Tribe Land Restoration Act (April 10) - 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 SCIA on April 10.

S. 1105 (Kennedy, D-MA). Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act of 2007 (April 12) - 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. 1132 (Murkowski, R-AK). (April 17) - 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.

S. 1193 (Domenici, R-NM). Albuquerque Indian School Act (April 24) - 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. STATUS: referred to the SCIA on April 24.

S. 1255 (McCain, R-AZ). Indian Arts and Crafts Amendments Act of 2007 (May 1) - to protect Indian arts and crafts through the improvement of applicable criminal proceedings, and for other purposes. STATUS: referred to the SCIA on May 1.

S. 1347 (Feinstein, D-CA). (May 9) - to amend the Omnibus Indian Advancement Act to modify the date as of which certain tribal land of the Lytton Rancheria of California is deemed to be held in trust and to provide for the conduct of certain activities on the land. STATUS: referred to the HNRC on November 6.

S. 1746 (Murkowski, R-AK). Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act (June 29) - to provide for the recognition of certain Native communities and the settlement of certain claims under the ANCSA, and for other purposes. STATUS: referred to the Senate Energy and Natural Resources Committee on June 29.

S. 1779 (Tester, D-MT). Tribal Health Promotion and Tribal Colleges and Universities Advancement Act of 2007 (July 12) - to establish a program for tribal colleges and universities within the Department of Health and Human Services (“HHS”) and to amend the Native American Programs Act of 1974 to authorize the provision of grants and cooperative agreements to tribal colleges and universities, and for other purposes. STATUS: referred to the SCIA on July 12.

S. 2087 (Dorgan, D-ND) - Native American Omnibus Technical Corrections Act of 2007 (Sept. 25) - to amend certain laws relating to Native Americans to make technical corrections, and for other purposes. STATUS: the SCIA marked up and ordered reported the bill favorably without amendment on September 27.

S. 2176 (Johnson, D-SD) - Native American Small Business Development Act of 2007 (Oct. 17) - to promote the development of Native American small business concerns. STATUS: referred to the Senate Small Business and Entrepreneurship Committee on October 17.

S. 2195/S. 2216 (Inhofe, R-OK). – to amend the Internal Revenue Code of 1986 to extend the Indian employment credit and the depreciation rules for property used predominantly within an Indian reservation. STATUS: S. 2195 referred to the Senate Finance Committee on October 18; S. 2216 placed on the Senate Legislative Calendar on
October 23.

Senate Resolutions

S.Res.400 (Inouye, D-HI), Native American Heritage Day (Dec. 11) – designating Friday, November 23, 2007, as “Native American Heritage Day” in honor of the achievements and contributions of Native Americans to the United States. STATUS: referred to the Senate Judiciary Committee on December 11. See also H.R. 3585/S. 1852.
Senate Joint Resolutions

S.J. Res.4 (Brownback, R-KS) (Mar. 1) - acknowledging a long history of official depredations and ill-conceived policies by the United States government regarding Indian tribes and offer an apology to all Native Peoples on behalf of the United States. STATUS: placed on the Senate Calendar on June 18.

EXECUTIVE BRANCH

Public Laws Signed in 2007

Public Law 110-37 (June 18) – Native American Home Ownership Opportunity Act of 2007 (H.R. 1676).

Public Law 110-75 (Aug. 13) – An Act authorizing the Coquille Indian Tribe of the State of Oregon to convey land and interest in land owned by the Tribe (H.R. 2863).

Public Law 110-76 (Aug. 13) – An Act authorizing the Saginaw Chippewa Tribe of Indians of the State of Michigan to convey land and interests in land owned by the Tribe (H.R. 2952).

Public Law 110-78 (Aug. 13) – An Act waiving application of the ISDEAA to a specific parcel of real property transferred by the U.S. to 2 Indian tribes in the state of Oregon (H.R. 679/S. 375).

Public Law 110-82 (Sept. 20) – An Act requiring 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 (H.R. 2358/S. 585).

Public Law 110-134 (Dec. 12) – Head Start for School Readiness Act (H.R. 1429).

Agency Action

Changes at the DOI. Carl Joseph Artman was sworn in as Assistant Secretary of the Interior in March. 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”), formerly chief counsel for the Tribe, previously served as the Interior Department’s Associate Solicitor for Indian Affairs. As a result of Artman’s appointment, Kaush Arha was named the new Associate Solicitor for Indian Affairs at DOI on May 21. Mr. Arha formally served as a White House Fellow in 2005-06. On May 30, Tom Dowd, the Director of Education for Indian Affairs at DOI, resigned. Kevin Skenandore has been serving as Acting Director of Education for Indian Affairs until a replacement is named.

Mashpee Wampanoag Tribe Gains Federal Acknowledgment. On February 15, DOI issued a Final Determination acknowledging the Mashpee Wampanoag Indian Tribal Council, Inc., (“Mashpee”) as an Indian tribe. The Mashpee, which includes 1,453 members, is located on Cape Cod, Massachusetts. The determination was formally announced in the Federal Register on February 22, 2007 and became effective in May 2007. The DOI’s decision may be accessed here.

DOI Grants Shakopee Fee to Trust Application. On June 7, Assistant Secretary Artman, approved the Shakopee Mdewakanton Sioux Community’s (“Tribe”) fee to trust application, submitted in February 2000. The Tribe’s prior application was denied by the Minneapolis Area Director on October 7, 1998. In the June 7 decision, Assistant Secretary Artman disagreed with the Area Director’s 1998 decision, which rejected the Tribe’s application because of the belief that the Tribe did not have any need for additional trust land due to its economic success. The over 750 acres accepted into trust are contiguous to the Tribe’s Reservation and will be used mainly for much-needed housing for tribal members. The decision, which is final for DOI, substantially confirmed a decision made a year ago by the BIA’s Midwest Regional Office, which was suspended upon further review by the BIA Central Office.

Dr. Grim’s Term as IHS Director Expires. Dr. Charles Grim’s tenure as Director of the IHS expired late in the summer of 2007 and the White House acted immediately to reappoint Dr. Grim. However, on September 4, the White House withdrew the nomination after a request from Dr. Grim. Dr. Grim cited his family and children in a letter to IHS personnel explaining his request to withdraw his reappointment. On September 18, the Administration appointed Robert McSwain as the Acting Director of the IHS; McSwain has served as IHS Deputy Director since 2005. On December 18, the President nominated Mr. McSwain for Director of IHS, which now awaits Senate action and confirmation.

Director Named for Newly-Created Office of Indian Energy Policy at the Department of Energy. On September 14, Steven Morello was appointed as the Director of the Department of Energy’s newly-created Office of Indian Energy Policy and Programs, which will assist in implementing and managing energy planning, education and efficiency for Indian tribes. The Office of Indian Energy Policy and Program will reside within the Department of Energy’s Office of Congressional and Intergovernmental Affairs, where Morello will continue to serve as Deputy Assistant Secretary for Intergovernmental and External Affairs. Morello previously served as general counsel at the Department of the Army.

NIGC Action. The NIGC made several announcements in 2007. First, Secretary Kempthorne swore in the newest NIGC Commissioner, Norm DesRosiers, on March 15. Then, on June 5, the NIGC announced the 2006 Indian Gaming Revenues, reporting that net revenues from Indian gambling in 2006 generated $25.1 billion, 11 percent more than in 2005. The data was collected from 387 tribal facilities in 28 states. On July 23, NIGC Chairman Phil Hogen announced that Cesar Valdez, Jr., formerly Director of Security at the Oneida Tribe of New York’s Turning Stone Resort and Casino, would serve as the new NIGC Director of Enforcement beginning August 6. In addition to several in-house announcements, the NIGC sought to move several regulations, as summarized below:

• Technologic Aids to Bingo and Class III Casino Game 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. The draft regulations were effectively withdrawn and the NIGC has been working on new drafts but has not announced when any new proposals will be released.
• Facility License Standards. On October 18, the NIGC published proposed rules that add new sections and a new part to the NIGC’s regulations in order to ensure that each place, facility or location where Class II or Class III gaming will occur is located on Indian lands that are eligible for gaming, as required by IGRA. In addition to issuing gaming facility licenses, which tribes already do, additional requirements will be placed on all gaming tribes. The NIGC considered comments to assist in deciding whether to publish a final rule. See the Federal Register notice here.
• Class II Classification and Technical Standards. On November 28, the NIGC announced that it extended the comment period for the following two proposed rules: (1) Class II Classification Standards; and (2) technical standards for electronic, computer, and other technologic aids used in the play of Class II games. The proposed rule on Class II Classification Standards seeks to revise the definitions for “electronic or electromechanical facsimile’’ and “other games similar to bingo.’’ The NIGC adds a new part to its regulations that explains the basis for determining whether a game of bingo or lotto, “other game 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, primarily through an “electronic, computer or other technologic aid,’’ while distinguishing them from Class III “electronic or electromechanical facsimiles.’’ Comments are now due January 24, 2008. See the Federal Register notice extending the comment period at here. See the Federal Register notice announcing the proposed rule here.
  The second proposed rule would add a new part to the NIGC’s regulations establishing technical standards for Class II games (bingo, lotto, other games similar to bingo, pull tabs, or “instant bingo’’) that are played using “electronic, computer, or other technologic aids.’’ The proposed rule would also establish a process for ensuring the integrity of such games and aids before their placement in a Class II tribal gaming operation. No such standards currently exist. Comments are now due January 24, 2008. See the Federal Register notice extending the comment period here. See the Federal Register notice announcing the proposed rule here.

For more information on the NIGC proposed rules, contact Teri Poust, Partner for the Indian Law team in the Los Angeles, CA office.

The Internal Revenue Service (“IRS”). The IRS made the following announcements of interest to Indian Country in 2007, including:

• Reporting Abusive Schemes. On March 6, the IRS’ Office 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 here.
• Transitional Relief to Employee Benefit Plans Sponsored by Indian Tribal Governments. On August 9, the IRS announced that it was extending transitional relief to employee benefit plans sponsored by Indian tribal governments until 6 months after the IRS releases applicable guidance. The IRS had previously provided transitional relief until September 30, 2007.
• Tax Tools for Tribes. On September 18, the IRS announced the availability of a new CD-ROM, Tax Tools for Tribes, which provides the following publications and additional guidance on tax policy for Native American tribes: Employment Tax Guide for Tribes (IRS Publication 4268); Gaming and Bank Secrecy Act Law for Tribes (IRS Publication 3908); Employer’s Tax Guide (IRS Publication 15); and Employer’s Supplemental Tax Guide (IRS Publication 15-A). Also available on the CD-ROM is an Excel file for calculating federal income tax withholding on per capita gaming distributions, a “primer” for federal tax issues affecting individual Native Americans, and a guide on hints for avoiding penalties. For more information, contact Telly Meier, Associate for the Indian Law team in the Washington, D.C. office, or visit the IRS website here.

Department of Justice Releases Proposed Guidelines under the Adam Walsh Act. On May 17, the Attorney General released proposed guidelines for implementing the sex offender registration and other sex offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (“SMART”) Office provisions under the Adam Walsh Child Protection and Safety Act of 2006, which President Bush signed into law on July 27, 2006. The SMART Office is responsible for administering Sex Offender Registration and Notification Act (“SORNA”) and provides guidance and assistance to jurisdictions working to implement and comply with SORNA. The proposed guidelines were published in the Federal Register on May 30, 2007 (72 Fed. Reg. 30209) and are available here. Comments on the proposed guidelines were accepted until August 1, and, according to the SMART Office, the final guidelines are not expected until early 2008. Note, however, that the House introduced H.R. 3095, a bill to extend the deadline for tribes to comply with the Act until July 26, 2008.

REAL ID Act Proposed Regulation. On March 1, the DHS released a Notice of Proposed Rulemaking (“NPRM”) for the REAL ID Act, included in the Omnibus Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief of 2005 (P.L. 109-13). The proposed rule sets forth minimum standards for driver’s licenses and identification cards acceptable by federal agencies for official purposes under the REAL ID Act of 2005. Those driver’s licenses and ID cards that do not meet issuance standards can not be used for an “official purpose,” including access to federal buildings and access to federally-regulated commercial aircraft. In addition, the proposed rule specifies that only a passport, birth certificate, state-issued driver’s license or ID card will be accepted as proof of identification. DHS considered and rejected “Native American Tribal Documents” as proof of identity. Under the proposed rule, states must begin issuing REAL ID licenses by May 11, 2008. However, a state can request an extension (providing additional time before it must begin issuing such licenses) until January 1, 2010, but only if the state submits a request for an extension by February 1, 2008. Regardless of when a state begins issuing REAL ID licenses, all state licenses must comply with REAL ID by May 10, 2013. DHS expects to release the final rule in early 2008.

WHTI Proposed Regulation. On June 26, the DHS and the Department of State (collectively the “Departments”) released a NPRM regarding land and sea border crossings in accordance with WHTI. WHTI, initiated under the Intelligence Reform and Terrorism Prevention Act of 2004 (“IRTPA”) (P.L. 108-458), requires all persons traveling by air, land or sea between the U.S., Canada, Mexico, Central America, South America, the Caribbean, or Bermuda to present a valid passport. Under the proposed rule, the Departments intend to issue standard document requirements for travelers entering the U.S. to enhance national security and to secure and facilitate the entry process. Comments were due August 27, 2007, and, under IRTPA, final regulations must go into effect on January 31, 2008. Congress extended the deadline to June 1, 2009, in the FY 2008 Omnibus appropriations bill. However, DHS has stated that it intends to implement the travel requirements by the original deadline of January 31, 2008.

Treasury Releases Final Rule on the Financial Crimes Enforcement Network Reporting Requirements. On June 26, Treasury published a final rule on the FinCEN (72 Fed. Reg. 35008) amending the Bank Secrecy Act to modify certain reporting requirements applicable to tribal gaming operations. Effective June 26, 2007, gaming operations are no longer required to file currency transactions reports on jackpots from slot machines and/or video lottery terminals. FinCEN is posting a revised version of Form 103 on its website, but gaming operations may continue to use the existing form so long as it is completed in accordance with the final rule. The final rule may be accessed here and the revised version of Form 103 is available here.

EPA Actions. The EPA released a report to Congress on the Underground Storage Tank (“UST”) program in Indian Country, as required under the 2005 Energy Act, on August 8. The full report is available here. On September 18, the EPA launched a new web-based resource center that provides information on compliance assistance and pollution prevention for regulated activities for tribal environment professionals and facility owners and operators. EPA’s Office of Environment and Compliance Assurance will also have information on waste management, air and water resources, drinking water, pesticides, wastewater and public safety. In addition, the online resource center will enable viewers to report complaints to the EPA, check the status of facilities in Indian country, obtain information on how to apply for federal grants, and locate EPA personnel who can answer environmental compliance questions. The web-based compliance center is located here. The information is also available in the “Profile of Tribal Government Operations,” which may be ordered at (800) 490-9198.

SUPREME COURT

Supreme Court Issues Decision in Zuni Public School District v. Department of Education. On April 17, the Supreme Court issued a 5-to-4 decision against the Zuni Public School District (located entirely within the Zuni Reservation) and the Gallup McKinley School District (incorporates much of the Navajo reservation in New Mexico). The case involved the formula used to distribute funding under the Federal Impact Aid Program (20 U.S.C. 7709), which provides assistance to school districts that have federal lands, including Indian reservations, within the district to compensate for the district’s inability to collect taxes on those lands. In ruling against the School Districts, the Court upheld the state’s ability to include those payments as part of the district’s budget when allocating operational funds.

Supreme Court Grants Review in Cases with Impacts to Indian Country. In 2007, the Supreme Court granted review in the following 2 Indian-related cases:

• Voting Rights Case: Crawford v. Marion County Election Board (“Crawford”). Crawford challenges a law enacted by the state of Indiana that requires voters to present state or federal photo identification in order to vote. If the decision is upheld, other states with substantial Indian populations may be encouraged to adopt restrictive voter identification statutes. Oral arguments began January 9.
• Alaska Native Case: Exxon Shipping Company v. Baker (“Exxon”). Exxon challenges an award of $2.5 billion in punitive damages in a class action lawsuit brought as a result of the 1989 Exxon Valdez oil spill in Prince William Sound. A number of Alaska Native village members that depend on subsistence fishing, hunting, and gathering were among those most affected by the disaster and are included within a larger group of the class action plaintiffs. The Court will review whether the punitive damages award is “excessive” under federal maritime law. The respondents-class plaintiffs’ brief is due on January 22, and the tribal amicus brief is due
  on January 29. Oral arguments have not yet been scheduled.

Supreme Court Denies Review of Indian-Related Cases. In 2007, the Supreme Court denied review in the following seventeen (17) Indian-related cases:

• Burrell v. Armijo. The Tenth Circuit Court of Appeals affirmed tribal sovereign immunity in ruling that the plaintiffs could only proceed with certain claims against individual tribal leaders because sovereign immunity does not 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.
• Alaska Constitutional Legal Defense Conservation Fund (“Fund”) v. Kempthorne. The Ninth Circuit determined that the Fund’s lawsuit against DOI on behalf of seven individuals claiming they were denied a chance to hunt Dall sheep in northwest Alaska did not involve a “suspect class” and therefore lacked a constitutional issue.
• Cobell v. Kempthorne. The D.C. Circuit determined that U.S. District Judge Royce Lamberth should be removed from Cobell v. Kempthorne after determining that Judge Lamberth had lost his objectivity in the case.
• Aroostook Band of Micmacs v. Ryan and Houlton Band of Maliseet Indians v. Ryan. The First Circuit determined that the Maine Claims Settlement Act of 1980, a federal statute, allows Maine to enforce its employment discrimination laws against Maine Tribes, including the Aroostook and Houlton Bands.
• Reber v. Utah. The Utah Supreme Court determined that members of a terminated Indian tribe are “non-Indians” subject to prosecution by the state for hunting on Indian lands.
• Catawba Indian Tribe v. South Carolina. The South Carolina Supreme Court determined that the language of a Settlement Act authorizing the Tribe to permit or operate video poker and other electronic devices on its Reservation only “to the same extent devices are authorized by state law” would bind the Tribe to any future state legislation, including a statewide ban on the devices.
• Gros Ventre Tribes v. U.S. The Ninth Circuit determined that Tribal claims for breach of trust, which arise from treaties signed decades ago, must be raised in the context of other federal statutes. The case involved a breach of trust claim against the United States for permitting the operation of two cyanide heap-leach gold mines located adjacent to the Reservation that have had, and continue to have, devastating impacts on the Tribes’ water and cultural resources.
• Confederated Tribes and Bands of the Yakama Nation v. Confederated Tribes of the Colville Reservation. The Ninth Circuit determined that the Colville Tribes are not foreclosed by res judicata from asserting a claim on behalf of the Wenatchi Tribe to fishing rights at the Wenatshapam Fishery on Icicle Creek, a tributary to the Colombia River.
• Burgess v. Watters. The Seventh Circuit determined that the involuntary commitment of an enrolled tribal member to a state mental health facility under the Wisconsin Sexually Violent Person Commitment Statute was within the state’s civil adjudicatory authority under P.L. 280.
• Allen v. Gold Country Casino. The Ninth Circuit determined that claims by a former casino employee against the Tyme Maidu Tribe of the Berry Creek Rancheria and its Gold Country Casino were prohibited because the casino is an arm of the Tribe and is entitled to sovereign immunity from suit.
• San Carlos Apache Tribe v. Arizona. The Arizona Supreme Court determined that the Tribe’s claims for additional water from the Gila River mainstem were precluded by a 1935 consent decree entered into in federal district court by the U.S. as trustee for the Tribe. Under the principles of comity, the Tribe must present its defenses to res judicata to the federal district court, which entered the consent decree.
• Murphy v. State. The Supreme Court declined to review a decision of the Oklahoma Court of Criminal Appeals regarding the definition of Indian country, specifically: (1) whether an Indian allotment is “Indian country” if mineral interests, but no surface interests, remain under restriction; and (2) whether congressional allotment of tribal lands causes the disestablishment of an Indian reservation and thereby removes all lands within tribal boundaries from the definition of “Indian country” as defined by 18 U.S.C. § 1151(a).
• Wright v. Colville Tribal Enterprise Corporation. The Washington Supreme Court determined that tribal sovereign immunity protects a tribal corporation from lawsuit for its activities arising outside the Reservation unless the Tribe or Congress has clearly and unequivocally waived its immunity. The case involved a lawsuit by a non-Indian employee who alleged racial discrimination and harassment against a tribally chartered corporation doing business off the Reservation.
• Davidson v. Mohegan Tribal Gaming Authority. The Appellate Court of Connecticut determined that a former employee’s claims against the Mohegan Tribal Gaming Authority and the Mohegan Sun Casino should be dismissed for lack of subject matter jurisdiction based on the Tribe’s sovereign immunity from suit.
• Cobell v. Kempthorne. The D.C. Circuit determined that injunctive relief was not available and ordered the DOI to disconnect many of its computers from the Internet and internal computer networks in order to protect the integrity of the individual Indian trust data on DOI’s computers. The D.C. Circuit also determined that the chief judge for the U.S. District Court for the District of Columbia should reassign the case to a different judge because of the district court’s professed hostility to the defendant, DOI.
• New Mexico v. Romero. The New Mexico Supreme Court determined that the State lacked criminal jurisdiction to prosecute Indians for crimes committed on private fee lands within exterior boundaries of Pueblos.
• LeBeau v. U.S. The Federal Circuit determined that the 1998 amendments to the 1972 Distribution Act reallocated unpaid shares of lineal descendants and extinguished any liability of the U.S. because lineal descendants never acquired vested rights in their share of those judgment funds. The claim for damages was brought by the lineal descendants of the Sisseton-Wahpeton Tribe of Mississippi against the Secretary of the Interior for the unreasonable delay in distributing judgment funds as required by the 1972 Distribution Act, to which the lineal descendants are beneficiaries.

OTHER

Holland & Knight’s Charitable Foundation Young Native Writers Contest Winners. The Holland & Knight Young Native Writers Essay Contest, an annual writing contest for Native American Indian and Alaska Native high school students, is designed to inspire honest portrayals of the richness of Native American Indian life and history. Winners receive a college financial scholarship and an all-expense paid trip to Washington, D.C. In 2007, the following five (5) young Native students served as Holland & Knight’s 2007 Young Native Writers Contest winners: Natalie Carpenter (Karuk; Hoopa, CA), Fairuz Dakam (Oglala Lakota; Kyle, SD), Sandra Menadelook (Alaskan Inupiak; Teller, AK), Bridgette Mesa (Pascua Yaqui Tribe; Camas, WA), and Kai Monture (Tlingit; Yakutat, AK). Information on the 2008 Contest is now available at http://indian.hklaw.com/2008/index.asp. Student essays are due by April 15, 2008.

UPCOMING EVENTS

January 22 – NIGA Indian Gaming Meeting. 9:00am– 5:00pm at the Hyatt Regency Washington on Capitol Hill, Washington, D.C. http://www.indiangaming.org/events/ClassII_Meeting_Jan22.pdf

January 22-25 – Affiliated Tribes of Northwest Indians (“ATNI”) Winter Conference. Yakima, WA. http://www.atnitribes.org/

January 28 – State of the Union Address. U.S. Capitol, Washington, D.C.

January 30 – Tribal Leaders Meeting with BIA-Assistant Secretary Artman to Discuss BIA “Modernization Initiative.” TBA. Washington, D.C.

January 31 – NCAI State of Indian Nations Address. TBA. Washington, D.C.

February 11-13 – National Indian Education Association (“NIEA”) 11th Annual Legislative Summit. Washington, D.C. http://www.niea.org/events/event_detail.php?id=129

February 11-14 – United South and Eastern Tribes (“USET”) Impact Week Meetings. Crystal Gateway Marriott, Arlington, VA. http://www.usetinc.org/defaultpage.cfm?ID=34

February 12-13 – NCAI and NACA 2nd Annual Impact Days – Constituent Briefings on Native 8(a) Progress. TBA. Washington, D.C.

February 12-15 – 13th Annual Western Indian Gaming Conference hosted by California Nations Indian Gaming Association. Palm Springs Convention Center, Palm Springs, CA. http://www.cniga.com/

February 19-20 – Great Plains Indian Gaming Association Seminar/Meetings. Fort Yates, ND. http://www.gpiga.com

February 25-27 – National Indian Housing Council 2008 Legislative Conference. The Westin, Washington, D.C. http://www.naihc.net/conferences/index.asp?bid=3753

March 3-5 – NCAI Executive Council Winter Session. The Westin, Washington, D.C. http://www.ncai.org/Executive_Council_Winter_Sessi.217.0.html

March 12-13 – HHS Annual Tribal Budget Consultation. HHS Offices, Washington, D. C.

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