Legislation

Rep. Kennedy Predicts Carcieri Fix Could Pass Congress This Year

Matthew L.M. Fletcher

From How Appealing:

“Kennedy predicts ‘Carcieri fix’ bill might pass”: Today’s edition of The Providence (R.I.) Journal contains an article that begins, “Rep. Patrick J. Kennedy said Thursday that a bill to reverse a U.S. Supreme Court decision blocking special land status for the Narragansett Indian tribe could become law during this Congress.”

From ProJo:

WASHINGTON — Rep. Patrick J. Kennedy said Thursday that a bill to reverse a U.S. Supreme Court decision blocking special land status for the Narragansett Indian tribe could become law during this Congress.

Democrat Kennedy also declared his support for such legislation — the only member of Rhode Island’s congressional delegation to do so.

Enactment of the legislation — which may have implications for tribes across the country — is “likely to happen” if supporters of the measure are able to attach it to a major piece of legislation that is certain to pass both houses of Congress, Kennedy said.

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Prepared Testimony of Federal Recognition Hearing Witnesses

Matthew L.M. Fletcher

From the SCIA:

Panel 1
MR. GEORGE SKIBINE
Acting Principal Deputy Assistant Secretary for Indian Affairs, U.S. Department of the Interior, Washington, DC

Accompanied: MR. R. LEE FLEMING, Director, Office of Federal
Acknowledgement U.S. Department of the Interior, Washington, DC

Panel 2
MR. FRANK ETTAWAGESHIK
Chair, Federal Acknowledgment Task Force, National Congress of American Indians, Washington, DC

THE HONORABLE JOHN SINCLAIR
President, Little Shell Tribe of Chippewa Indians, Havre, Montana

THE HONORABLE ANNE D. TUCKER
Chairperson, Muscogee Nation of Florida, Bruce, FL

MS. PATTY FERGUSON -BOHNEE
Director, Indian Legal Clinic, Tempe, Arizona

Senate Hearing on Federal Recognition Witness List

Matthew L.M. Fletcher

From the SCIA:

WASHINGTON, DC – U.S. Senator Byron Dorgan (D-ND), Chairman of the U.S. Senate Committee on Indian Affairs, announced Tuesday the panel will hold a congressional oversight hearing at 2:15 PM on Wednesday, November 4. The hearing will examine Department of Interior efforts to repair the federal acknowledgement process for Indian tribes.  It will also review proposals for improving the system.

Securing formal, federal tribal recognition is vital. It establishes a formal government-to-government relationship between the tribe and the U.S. government. Once federally recognized, a tribe has access to federal benefits and programs.

Yet, the acknowledgement process is broken and has been since it was established in 1978. Tribes routinely wait decades without getting a decision. Some tribes, including one tribe which will present testimony at the hearing, have been stuck in the federal acknowledgment process since 1978 with no decision. The prolonged process cost tribes funds urgently needed elsewhere, and denies tribes that are eventually recognized access to benefits and programs, often for decades.

Details follow:

WHO: U.S. Senate Committee on Indian Affairs, Senator Byron Dorgan, Chairman; Senator John Barrasso (R-WY), Vice Chairman, and other members of the committee.

WITNESSES: George Skibine, Acting Principal Deputy Assistant Secretary for Indian Affairs, U.S. Department of Interior; Frank Ettawageshik, Chair, Federal Acknowledgement Task Force, National Congress of American Indians; John Sinclair, President, Little Shell Tribe of Chippewa Indians, Havre, Montana; Ann D. Tucker, Tribal Chairperson, Muscogee Nation of Florida, Bruce, Florida;  and Patty Ferguson-Bohnee, Director, Indian Legal Clinic, Tempe, Arizona.

WHAT: Congressional oversight hearing

WHEN: 2:15 PM, Wednesday, November 4, 2009

WHERE: 628 Dirksen Senate Office Building, U.S. Senate, Washington, D.C.

WHY: To review Department of Interior efforts to repair the federal acknowledgement process for granting formal recognition to Indian tribes.

House Hearing on Carcieri Fix Witness List

Matthew L.M. Fletcher

From the House Resources Committee:

The House Natural Resources Committee, led by Chairman Nick J. Rahall (D-WV), will hold a legislative hearing on the following bills:

  • H.R. 3742 (Kildee): To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.
  • H.R. 3697 (Cole): To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.

Subject:
House Natural Resources Committee
Full Committee Legislative Hearing on H.R. 3742 and H.R. 3697

When:
Wednesday, November 4, 2009, at 10:00 a.m.

Where:
Room 1324 Longworth House Office Building

Witnesses:

Panel 1

The Honorable Michael Arcuri
U.S. House of Representatives, 24th District (D – NY)

Panel 2

Mr. Donald Laverdure
Deputy Assistant Secretary of Indian Affairs
U.S. Department of the Interior
Washington, D.C.
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Senate Report Accompanying Tribal Law and Order Act

Matthew L.M. Fletcher

S Report 111-93

Also, the prepared remarks of Associate A.G. Tom Perrelli (ASG.Listening Session Remarks) and Deputy A.G. David W. Ogden (DAG.Listening Session Remarks) from last week’s Minneapolis listening session.

Miigwetch to MBL for this!

House Resources Committee Hearing on NAGPRA

Matthew L.M. Fletcher

The video is here.

At about the 15 minute mark, Rep. Kildee discusses the Flint dig and the Saginaw Chippewa Indian Tribe’s involvement.

Miigwetch to A.K.

H.R. 3690 — Federal Recognition Commission Bill

Matthew L.M. Fletcher1 Comment

Here it is — H.R.3690

Don’t know how this is different from 25 CFR Part 83, but it presumably would allow tribes denied under the FAP to get another shot. Also, since the administrative authority for the FAP is pretty thin, something like this bill may become necessary some day.

Miigwetch to E.O. for this.

H.R. 1727 — Arsonist and Bomber Criminal Registration Program — Indian Country Impact

Matthew L.M. Fletcher

See the bill (H R 1727), which can be found here: http://www.govtrack.us/congress/bill.xpd?bill=h111-1727.

This just passed the House on Wednesday.  It appears to be modeled heavily off of the Adam Walsh Act.  As can be seen in section 2(j), it pertains to tribes.  Tribes either must implement the provisions of the bill or they are required to enter into cooperative agreements with another jurisdiction to carry out the act’s mandates.  The bill develops a national registry for arsonists and bombers.  However, this national registry is for police officer and fire safety officer access, not the general public.  It appears to be completely unfunded.  It does not say what happens when a tribe refuses to implement the bill, refuses to enter into a cooperative agreement, or opts in but fails to implement it.  Presumably, those issues would be left to US DOJ to deal with in final guidelines.

Thanks to Brent for this.

Senator Dorgan Introduces Carcieri Fix

Matthew L.M. Fletcher

Carcieri Fix Bill

Carcieri Floor Statement – final

From Sen. Dorgan’s statement:

Mr. President, I rise today to introduce a technical amendment to the Act of June 18, 1934.

On February 24, 2009, the Supreme Court issued its decision in the Carcieri v. Salazar case.  In that decision the Supreme Court held that the Secretary of the Interior exceeded his authority in taking land into trust for a tribe that was not under federal jurisdiction, or recognized, at the time the Indian Reorganization Act was enacted in 1934.

The legislation I’m introducing today is necessary to reaffirm the Secretary’s authority to take lands into trust for Indian tribes, regardless of when they were recognized by the federal government.  The amendment ratifies the prior trust acquisitions of the Secretary, who for the past 75 years has been exercising his authority to take lands into trust, as intended by the Indian Reorganization Act.

On May 21, 2009, the Senate Committee on Indian Affairs held a hearing to examine the executive branch’s authority to take land into trust for Indian tribes.  At that hearing, it became clear that Congress needs to act to resolve the uncertainty created by the Supreme Court’s decision.  Therefore, this legislation was developed in consultation with interested parties to clarify the Secretary’s authority.

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Written Testimony in SCIA Hearing on Tribal Law and Order Act

Matthew L.M. Fletcher2 Comments

THE HONORABLE TOM PERRELLI
Associate Attorney General, U’S. Department of Justice, Washington, DC

THE HONORABLE LARRY J. ECHO HAWK
Assistant Secretary for Indian Affairs, U.S. Department of the Interior, Washington, DC

THE HONORABLE ALONZO A. COBY
Chairman, Fort Hall Business Council, Shoshone-Bannock Tribes, Fort Hall, Idaho

THE HONORABLE ANTHONY J. BRANDENBURG
Chief Judge of the Intertribal Court of Southern California, Valley Center, CA

MR. TROY EID
Partner, Greenberg Traurig, LLP, Denver, CO

MR. TED QUASULA
President, Quasula Consulting, Henderson, NV