The reorganization of the Federal section continues. In an effort to
make more efficient use of time and space, some additional changes are
being made.
First, with a few exceptions, only bills specifically for or about
American Indians will have a summary page at Askwitteachik (including
digests, when available). As previously, all bills which include
provisions affecting Native Americans will appear on the current
legislation list, but bills not specifically about American Indians will
link directly to the Library of Congress's "Thomas" legislative
information. The exceptions are those bills which, although not
specifically for or about Native issues, seem to have a major impact on
Native American rights. (Newly listed bills will also link to the
"Thomas" site until the summaries are created.)
Also, the summaries which *are* at Askwitteachik will now include links
to the most current status information available on the Thomas server.
This change is made possible by the discovery of a way to make a
permanent link to legislative information at Thomas. (The links
generated by a "search" are temporary, and expire after about an hour.)
Information about how to do this yourself will be available at
Askwitteachik soon!
THIS MONTH:
This month's search yielded number of new federal bills about or
affecting American Indians, and a request for information resulted in
the "discovery" of a couple of old bills that don't mention Indians at
all, but would seem to have a major effect on Reservation land rights.
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H.R.128: -- A bill to preserve the authority of the States over waters
within their boundaries, to delegate the authority of the Congress to
the States to regulate water, and for other purposes. Sponsor: Rep
Crapo, R-ID#2 (introduced 01/07/97)
This bill seems to give complete authority over water rights to States
(and Indian Reservations are NOT included in the definition of a state)
and further contains the provision:
"The withdrawal, designation, or other reservation of lands by the
United States for any purpose (whether by statute or administrative
action) does not give rise by implication to a Federal reserved right to
water relating to such purpose."
Which seems to say that even if lands are reserved for any reason (which
would include Reservations) the water rights are NOT reserved.
---------------------------------------------------------------
H.R.992: -- A bill to end the Tucker Act shuffle. Sponsor: Rep Smith,
Lamar, R-TX#21 (introduced 03/06/97)
Authorizes a property owner to file a civil action to challenge the
validity of any Federal agency action that adversely affects the owner's
interest in private property in either the U.S. District Court or the
United States Court of Federal Claims (Claims Court).
and Grants: (1) each court concurrent jurisdiction over both claims for
monetary relief and claims seeking invalidation of any Act of Congress
or any agency regulation affecting private property rights; (2) the
plaintiff the election of the court in which to file a claim for relief;
and (3) persons adversely affected by an agency action taken under this
Act standing to challenge and seek judicial review of that action.
Ron Andrade, a member of the TribalLaw list and Executive Director of
the LA County Indian Commission, suggests that this bill could possibly
limit the authority of tribes to extend their jurisdiction to fee simple
lands within the reservation boundries [lands owned outright rather than
part of the "trust status" reservation lands]. Giving the landowner the
choice of which court to file his case would eliminate the authority to
tribal courts to hear the complaint. Even within checkerboard areas the
tribes can still impose certain restrictions upon the non-Indian use of
their lands. This bill would appear to allow the landowner the
opportunity to challenge the tribe in the court of his choice.
Better legal minds than mine will have to determine if these bills are
really the threat they seem, but they seem to bear watching.
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On to the new bills (which include an approprations bill for the DOI)
BILLS SPECIFICALLY FOR/ABOUT AMERICAN INDIANS OR TRIBES:*******
**H.R.2039: -- A bill to take into trust for the Cheyenne-Arapaho Tribes
of Oklahoma certain land in Oklahoma that was known as the Fort Reno
Military Reservation and hat was formerly part of the Cheyenne-Arapaho
lands, and for other purposes. Sponsor: Rep Faleomavaega. D-American
Samoa - at large
*H.R.2107: -- A bill making appropriations for the Department of the
Interior and related agencies for the fiscal year ending September 30,
1998, and for other purposes. Sponsor: Rep Regula. R-OH#16 - LATEST
ACTION: 07/22/97 Reported to Senate from the Committee on Appropriations
with amendment, S. Rept. 105-56
*S.962: -- A bill to amend the Indian Gaming Regulatory Act with respect
to certain gaming practices on tribal lands held in trust by the
Secretary of the Interior, and for other purposes. Sponsor: Sen Bond.
R-MO (NOTE: Includes a provision that lands taken into Trust after the
effective date of the law cannot be used for gaming as allowed under the
Indian Gaming Regulatory Act unless specific intent is declared on
application to take the lands into trust.)
**S.967: -- A bill to amend the Alaska Native Claims Settlement Act and
the Alaska National Interest Lands Conservation Act to benefit Alaska
natives and rural residents, and for other purposes. Sponsor: Sen
Murkowski. R-AK
*S.986: -- A bill to amend title 38, United States Code, to make certain
improvements in the housing loan programs for veterans and eligible
persons, and for other purposes. Sponsor: Sen Specter(by req.). R-PA
(includes an extention of the pilot program for direct loans to Native
American Veterans.)
*S.1027: -- A bill to extend the Native American veteran direct housing
loan pilot program, and for other purposes. Sponsor: Sen Campbell. R-CO
*S.1047: -- A bill to settle certain Miccosukee Indian land takings
claims within the State of Florida. Sponsor: Sen Mack. R-FL
*S.1077: -- A bill to amend the Indian Gaming Regulatory Act, and for
other purposes. Sponsor: Sen McCain. R-AZ
*S.1079: -- A bill to permit the leasing of mineral rights, in any case
in which the Indian owners of an allotment that is located within the
boundaries of the Fort Berthold Indian Reservation and held trust by the
United States have executed leases to more than 50 percent of the
mineral estate of that allotment. Sponsor: Sen Dorgan. D-ND
OTHER BILLS CONTAINING PROVISIONS AFFECTING AMERICAN INDIANS:*********
H.R.1803: -- A bill to assist States and secondary and postsecondary
schools to develop, implement, and improve career preparation education
so that every student has an opportunity to acquire academic and
technical knowledge and skills needed for postsecondary education,
further learning, and a wide range of opportunities in high-skill,
high-wage careers, and for other purposes. Sponsor: Rep Clay. D-MO#1
H.R.1853: -- A bill to amend the Carl D. Perkins Vocational and Applied
Technology Education Act. Sponsor: Rep Riggs. R-CA#1 - LATEST ACTION:
07/23/97 Referred to Senate Committee on Labor and Human Resources
H.R.1861: -- A bill to amend the Forest and Rangeland Renewable
Resources Planning Act of 1974, the Federal Land Policy and Management
Act of 1976, the National Wildlife Refuge System Administration Act of
1966, the National Indian Forest Resources Management Act, and
title 10, United States Code, to strengthen the protection of native
bio-diversity and to place restraints upon clearcutting and certain
other cutting practices on the forests of the United States. Sponsor:
Rep Hinchey. D-NY#26
H.R.1895: -- A bill to amend the Public Health Service Act to revise and
extend programs relating to the health of individuals who are from
disadvantaged backgrounds, including individuals who are members of
racial or ethnic minority groups. Sponsor: Rep Stokes. D-OH#11
H.R.1952: -- A bill to designate certain Bureau of Land Management lands
in the State of Utah as wilderness, and for other purposes. Sponsor: Rep
Cannon. R-UT#3 (NOTE: UTAH RESIDENTS may want to take a look at the list
of lands being declared "wilderness" (and therefore unavailable for any
other use) - the list is very extensive. Go to:
http://thomas.loc.gov/cgi-bin/query/z?c105:hr1952: for the table of
contents, then click on "land designations")
H.R.2037: -- A bill to amend the Congressional Budget Act of 1974 and
the Balanced Budget and Emergency Deficit Control Act of 1985 to enforce
the bipartisan budget agreement. Sponsor: Rep Smith, N.. R-MI#7
H.R.2158: -- A bill making appropriations for the Departments of
Veterans Affairs and Housing and Urban Development, and for sundry
independent agencies, commissions, corporations, and offices for the
fiscal year ending September 30, 1998, and for other purposes. Sponsor:
Rep Lewis, Jerry. R-CA#40 - LATEST ACTION: 07/22/97 Conference scheduled
in Senate
H.R.2203: -- A bill making appropriations for energy and water
development for the fiscal year ending September 30, 1998, and for other
purposes. Sponsor: Rep McDade. R-PA#10 - LATEST ACTION: 07/28/97
Conference scheduled in Senate
S.756: -- A bill to provide for the health, education, and welfare of
children 6 years of age. Sponsor: Sen Kerry. D-MA
S.892: -- A bill to amend title VII of the Public Health Service Act to
revise and extend the area health education center program. Sponsor: Sen
Graham. D-FL
S.977: -- A bill to amend the Forest and Rangeland Renewable Resources
Planning Act of 1974 and related laws to strengthen the protection of
native biodiversity and ban clearcutting on Federal lands, and to
designate certain Federal lands as Ancient Forests, Roadless Areas,
Watershed Protection Areas, Special Areas, and Federal Boundary Areas
where logging and other intrusive activities are prohibited. Sponsor:
Sen Torricelli. D-NJ
S.993: -- A bill to assist States and secondary and postsecondary
schools to develop, implement, and improve career preparation education
so that every student has an opportunity to acquire academic and
technical knowledge and skills needed for postsecondary education,
further learning, and a wide range of opportunities in high-skill,
high-wage careers, and for other purposes. Sponsor: Sen Kennedy(by
req.). D-MA
S.1004: -- An original bill making appropriations for energy and water
development for the fiscal year ending September 30, 1998, and for other
purposes. Sponsor: Sen Domenici. R-NM - LATEST ACTION: 07/28/97 Senate
vitiated its action of passage of 7/16/97
S.1034: -- An original bill making appropriations for the Departments of
Veterans Affairs and Housing and Urban Development, and for sundry
independent agencies, commissions, corporations, and offices for fiscal
year ending September 30, 1998, and for other purposes. Sponsor: Sen
Bond. R-MO- LATEST ACTION: 07/22/97 Measure returned to calendar in
Senate
S.1061: -- An original bill making appropriations for the Departments of
Labor, Health and Human Services, and Education, and related agencies
for the fiscal year ending September 30, 1998, and for other purposes.
Sponsor: Sen Specter. R-PA - LATEST ACTION: 07/24/97 Placed on calendar
in Senate
-- Karen J. Gould http://www.askwitteachik.org"If people are genuinely interested in honoring Indians, try getting your government to live up to the more than 400 treaties it signed with our nations." ...Glenn T. Morris - Colorado AIM