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Indian Country legislation ‘hijacked’ by Republicans on Capitol Hill
Thursday, June 9, 2022
Indianz.Com
WASHINGTON, D.C. — Democrats are vowing to return to work better prepared after they said Republicans “hijacked” a slew of Indian Country bills during a markup in the nation’s capital.
The House Committee on Natural Resources was set to advance no less than seven pro-tribal bills at the session on Wednesday morning. But Rep. Raúl Grijalva (D-Arizona), the chair of the legislative panel with jurisdiction over Indian Country issues, adjourned the markup after the Republican minority dominated discussion with issues that were largely unrelated to the agenda.
“I thought that the agenda we had today, that had been discussed with the minority [was] not trivial, that each [bill] had substance and each one represented a constituency of a given member,” Grijalva said at the end of the meeting, which lasted about 90 minutes without any of the items being advanced.
“But, you know, crisis acting is dominating the day today, and strategic messaging is dominating the day,” Grijalva said of the Republicans who came to the meeting with a list of criticisms against the Democratic administration of President Joe Biden.
The Indian Boarding School Era
• H.R.5444, the Truth and Healing Commission on Indian Boarding School Policies Act. Introduced on September 30, 2021. As of June 9, 2022: 62 Sponsors and Co-Sponsors, including 9 Republicans.
The bill requires the federal government to investigate the Indian boarding school era through a Truth and Healing Commission on Indian Boarding School Policies in the United States and a Truth and Healing Advisory Committee. A hearing before the House Subcommittee for Indigenous Peoples of the United States took place on May 12, with tribal leaders and advocates expressing strong support for the inquiry.
Separately, the Department of the Interior is conducting its own investigation into the Indian boarding school era. But advocates say a separate inquiry is necessary in order to address the role of non-governmental entities, such as churches and religious groups, that received support from the federal government to run Indian schools.
Tribal Homelands and Treaties in Illinois
• H.R.6063, Introduced on November 19, 2021, with two Republican co-sponsors, including the late Don Young of Alaska.
The bill authorizes the U.S. Court of Federal Claims to hear a land claim from the Miami Nation, headquartered in Oklahoma. The tribe has a treaty-based claim to 2.6 million acres in the state of Illinois. A hearing before the House Subcommittee for Indigenous Peoples of the United States took place on April 27.
In the past, Congress has acted to authorize judicial review of tribal claims. A recent example includes the Quapaw Nation, whose leaders are now seeking the appropriation of $137.5 million to settle a trust asset mismanagement case that was proven in the U.S. Court of Federal Claims.
Tribal Homelands in Washington
• H.R.6181, the Samish Indian Nation Land Reaffirmation Act. Introduced on December 8, 2021. As of June 9, 2022: 17 Sponsors and Co-sponsors, including 2 Republicans.
The bill confirms the acquisition of 6.7 acres in trust for the Samish Nation. A hearing before the House Subcommittee for Indigenous Peoples of the United States took place on April 27.
Advocates say H.R.6181 is needed because Congress has failed to address the outcome of the U.S. Supreme Court decision in Carcieri v. Salazar. The ruling was issued more than 13 years ago and has led to more bureaucratic hurdles for tribes seeking to restore their homelands through the land-into-trust process.
Tribal Sovereignty
• H.R.6707, the Advancing Equality for Wabanaki Nations Act. Introduced on February 11, 2022.
The bill ensures that the Aroostook Band of Micmacs, Houlton Band of Maliseet Indians, the Passamaquoddy Tribe [Indian Township | Pleasant Point] and the Penobscot Nation are treated in the same manner as other Indian nations in terms of law and policy. A land claim settlement currently imposes hurdles on the tribes when it comes to their sovereignty.
A hearing before the House Subcommittee for Indigenous Peoples of the United States took place on March 31. Tribal leaders from Maine recounted the many ways in which their rights are limited — including in protection of their children.
Tribal Sovereignty in Oregon
• S.314, the Klamath Tribe Judgment Fund Repeal Act. Introduced on February 12, 2021, after being considered in prior sessions of Congress.
The Klamath Tribes, headquartered in Oregon, are seeking to repeal a termination-era law that affects their trust funds and trust assets. A hearing before the House Subcommittee for Indigenous Peoples of the United States took place on April 27.
The Senate Committee on Indian Affairs approved S.314 at a business meeting on March 10. The bill subsequently passed the U.S. Senate on May 26 so approval by the House Committee on Natural Resources would put it much closer to becoming law.
Tribal Homelands in Oregon
• S.559, Introduced on March 3, 2021, after being considered in prior sessions of Congress.
The bill addresses long-standing issues affecting the reservation of the Confederated Tribes of Grand Ronde in Oregon. A hearing before the House Subcommittee for Indigenous Peoples of the United States took place on April 27.
The Senate Committee on Indian Affairs approved S.559 at a business meeting on March 10. The bill subsequently passed the U.S. Senate on May 26. Approval by the House Committee on Natural Resources would put it much closer to becoming law.
Addressing Genocidal Legacies
• S.789, the Repealing Existing Substandard Provisions Encouraging Conciliation with Tribes Act or the RESPECT Act. Introduced on March 17, 2021, after being considered in multiple prior sessions of Congress.
The bipartisan bill repeals outdated racist and discriminatory laws that were imposed on tribes and their citizens. A hearing before the House Subcommittee for Indigenous Peoples of the United States took place on April 27.
The Senate Committee on Indian Affairs approved S.789 at a business meeting on March 24. The bill subsequently passed the U.S. Senate on May 27. Again, approval by the House Committee on Natural Resources would put it much closer to becoming law in the 117th Congress.
House Committee on Natural Resources Documents
Markup Notice (naturalresources.house.gov)Markup of HR 263, HR 3081, HR 5444, HR 6063, HR 6181, HR 6337, HR 6427, HR 6707, HR 6734, HR 7002, HR 7025, HR 7075, HR 7612, S.314, S.559, S. 789 (docs.house.gov)
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