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Legislative Hearing Committee on Natural Resources U.S. House of Representatives H.R. 1291, H.R. 1234 AND H.R. 1421 LEGISLATIVE HEARING BEFORE THE SUBCOMMITTEE ON INDIAN AND ALASKA NATIVE AFFAIRS OF THE COMMITTEE ON NATURAL RESOURCES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS FIRST SESSION Tuesday, July 12, 2011 Serial No. 112-48 Printed for the use of the Committee on Natural Resources ( Available via the World Wide Web: http://www.fdsys.gov or Committee address: http://naturalresources.house.gov U.S. GOVERNMENT PRINTING OFFICE 67-402 PDF WASHINGTON : 2012 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 16:02 Apr 03, 2012 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 L:\DOCS\67402.TXT Hresour1 PsN: KATHY COMMITTEE ON NATURAL RESOURCES DOC HASTINGS, WA, Chairman EDWARD J. MARKEY, MA, Ranking Democrat Member Don Young, AK Dale E. Kildee, MI John J. Duncan, Jr., TN Peter A. DeFazio, OR Louie Gohmert, TX Eni F.H. Faleomavaega, AS Rob Bishop, UT Frank Pallone, Jr., NJ Doug Lamborn, CO Grace F. Napolitano, CA Robert J. Wittman, VA Rush D. Holt, NJ Paul C. Broun, GA Rau´ l M. Grijalva, AZ John Fleming, LA Madeleine Z. Bordallo, GU Mike Coffman, CO Jim Costa, CA Tom McClintock, CA Dan Boren, OK Glenn Thompson, PA Gregorio Kilili Camacho Sablan, CNMI Jeff Denham, CA Martin Heinrich, NM Dan Benishek, MI Ben Ray Luja´n, NM David Rivera, FL John P. Sarbanes, MD Jeff Duncan, SC Betty Sutton, OH Scott R. Tipton, CO Niki Tsongas, MA Paul A. Gosar, AZ Pedro R. Pierluisi, PR Rau´ l R. Labrador, ID John Garamendi, CA Kristi L. Noem, SD Colleen W. Hanabusa, HI Steve Southerland II, FL Vacancy Bill Flores, TX Andy Harris, MD Jeffrey M. Landry, LA Charles J. ‘‘Chuck’’ Fleischmann, TN Jon Runyan, NJ Bill Johnson, OH Todd Young, Chief of Staff Lisa Pittman, Chief Counsel Jeffrey Duncan, Democrat Staff Director David Watkins, Democrat Chief Counsel SUBCOMMITTEE ON INDIAN AND ALASKA NATIVE AFFAIRS DON YOUNG, AK, Chairman DAN BOREN, OK, Ranking Democrat Member Tom McClintock, CA Dale E. Kildee, MI Jeff Denham, CA Eni F.H. Faleomavaega, AS Dan Benishek, MI Ben Ray Luja´n, NM Paul A. Gosar, AZ Colleen W. Hanabusa, HI Rau´ l R. Labrador, ID Edward J. Markey, MA, ex officio Kristi L. Noem, SD Doc Hastings, WA, ex officio (II) VerDate Nov 24 2008 16:02 Apr 03, 2012 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 L:\DOCS\67402.TXT Hresour1 PsN: KATHY CONTENTS Page Hearing held on Tuesday, July 12, 2011 ............................................................... 1 Statement of Members: Boren, Hon. Dan, a Representative in Congress from the State of Oklahoma ...................................................................................................... 3 Prepared statement of ............................................................................... 5 Luja´n, Hon. Ben Ray, a Representative in Congress from the State of New Mexico, Prepared statement of ............................................................ 82 Markey, Hon. Edward J., a Representative in Congress from the State of Massachusetts ........................................................................................... 9 Prepared statement of ............................................................................... 10 Young, Hon. Don, the Representative in Congress for the State of Alaska 2 Prepared statement of ............................................................................... 3 Statement of Witnesses: Adams, Supervisor Susan, President, Marin County Board of Supervisors, on behalf of the National Association of Counties and California State Association of Counties, San Rafael, California ......................................... 57 Prepared statement on H.R. 1291 & H.R. 1234 .................................... 58 CSAC Congressional Position Paper on Indian Affairs .......................... 64 Resolution Opposing the Congressional Reversal of Carcieri v. Salazar ................................................................................................... 66 Barbry, Hon. Earl J., Sr., Chairman, Tunica-Biloxi Tribe of Louisiana, Marksville, Louisiana ................................................................................... 17 Prepared statement on H.R. 1291 & H.R. 1234 .................................... 19 Cole, Hon. Tom, a Representative in Congress from the State of Oklahoma ...................................................................................................... 6 Prepared statement on H.R. 1291 ........................................................... 8 Cromwell, Hon. Cedric, Chairman, Mashpee Wampanoag Tribe, Mashpee, Massachusetts ............................................................................................... 23 Prepared statement on H.R. 1291 & H.R. 1234 .................................... 25 Laverdure, Donald ‘‘Del,’’ Principal Deputy Assistant Secretary for Indian Affairs, U.S. Department of the Interior, Washington, D.C. ..................... 12 Prepared statement on H.R. 1291 & H.R. 1234 .................................... 14 Mitchell, Donald Craig, Attorney at Law, Anchorage, Alaska ..................... 49 Prepared statement on H.R. 1291 & H.R. 1234 .................................... 51 Schmit, Cheryl A., Director, Stand Up For California, Penryn, California . 67 Prepared statement on H.R. 1291 & H.R. 1234 .................................... 68 Correction to July 12 prepared statement .............................................. 71 Skibine, Alexander Tallchief, S.J. Quinney Professor of Law, The University of Utah, Salt Lake City, Utah ................................................... 41 Prepared statement on H.R. 1291 & H.R. 1234 .................................... 43 Swimmer, Ross O., Former Principal Chief, Cherokee Nation, Tahlequah, Oklahoma ...................................................................................................... 28 Prepared statement on H.R. 1421 ........................................................... 29 Additional materials supplied: List of documents retained in the Committee’s official files ......................... 83 (III) VerDate Nov 24 2008 16:02 Apr 03, 2012 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 L:\DOCS\67402.TXT Hresour1 PsN: KATHY VerDate Nov 24 2008 16:02 Apr 03, 2012 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 L:\DOCS\67402.TXT Hresour1 PsN: KATHY LEGISLATIVE HEARING ON H.R. 1291, 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, AND FOR OTHER PURPOSES; H.R. 1234, 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; AND H.R. 1421, TO AMEND THE WATER RE- SOURCES DEVELOPMENT ACT OF 1986 TO CLARIFY THE ROLE OF THE CHEROKEE NATION OF OKLAHOMA WITH REGARD TO THE MAINTENANCE OF THE W.D. MAYO LOCK AND DAM IN OKLAHOMA. Tuesday, July 12, 2011 U.S. House of Representatives Subcommittee on Indian and Alaska Native Affairs Committee on Natural Resources Washington, D.C. The Subcommittee met, pursuant to call, at 11:04 a.m. in Room 1324, Longworth House Office Building, The Honorable Don Young [Chairman of the Subcommittee] presiding. Present: Representatives Young, Denham, Benishek, Boren, Kildee, Luja´n, Hanabusa, and Markey [ex officio]. Also Present: Faleomavaega, and Pallone. Mr. YOUNG. The Committee will come to order now that Mr. Boren is here. The Subcommittee will come to order. The Chair notes the presence of a quorum. The Subcommittee on Indian and Alaska Native Affairs is meet- ing today to hear testimony on two bills to overturn the Supreme Court holding in Carcieri v. Salazar, thereby designating authority to the Secretary of the Interior to acquire lands in trust for a tribe recognized at anytime. One bill sponsored by the Ranking Member, Mr. Boren, will facilitate the development of hydro projects of the Cherokee Nation. Under Committee Rule 4[f], opening statements are limited to the Chairman and the Ranking Member of the Subcommittee so they can hear from the witnesses more quickly. However, I ask unanimous consent to include any other Members’ opening state- (1) VerDate Nov 24 2008 16:02 Apr 03, 2012 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 L:\DOCS\67402.TXT Hresour1 PsN: KATHY 2 ments in the hearing record to be submitted to the clerk by the close of business today. Hearing no objection, so ordered. I also ask unanimous consent that the gentleman from New Jersey, Mr. Pallone, be allowed to join us on the dais and partici- pate in the hearing. Without objection, so ordered. STATEMENT OF HON. DON YOUNG, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ALASKA Mr. YOUNG. Today the Subcommittee will study the legislation to reverse Carcieri v. Salazar. By now most Members should be famil- iar with the Supreme Court ruling in Carcieri, which is that the Secretary has no authority under Section 5 of the Indian Reorga- nization Act to acquire lands for tribes not recognized and under jurisdiction on June 18, 1934. This ruling came as a surprise to many of us who have worked with tribal issues for years. The Subcommittee will also receive testimony, as I mentioned, from Mr. Boren on his bill, H.R. 1421. The bill concerns Cherokee Nation development of hydroelectric facilities on the lock and dam project in the historic Cherokee lands. I will defer to Mr. Boren on the right time to complete the description
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