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Process of Federal Recognition of Indian Tribes

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Process of Federal Recognition of Indian Tribes S. HRG. 110–189 PROCESS OF FEDERAL RECOGNITION OF INDIAN TRIBES HEARING BEFORE THE COMMITTEE ON INDIAN AFFAIRS UNITED STATES SENATE ONE HUNDRED TENTH CONGRESS FIRST SESSION SEPTEMBER 19, 2007 Printed for the use of the Committee on Indian Affairs ( U.S. GOVERNMENT PRINTING OFFICE 38–917 PDF WASHINGTON : 2007 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 0ct 09 2002 09:47 Dec 12, 2007 Jkt 038917 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\DOCS\38917.TXT JACK PsN: JACKF COMMITTEE ON INDIAN AFFAIRS BYRON L. DORGAN, North Dakota, Chairman LISA MURKOWSKI, Alaska, Vice Chairman DANIEL K. INOUYE, Hawaii JOHN MCCAIN, Arizona KENT CONRAD, North Dakota TOM COBURN, M.D., Oklahoma DANIEL K. AKAKA, Hawaii JOHN BARRASSO, Wyoming TIM JOHNSON, South Dakota PETE V. DOMENICI, New Mexico MARIA CANTWELL, Washington GORDON H. SMITH, Oregon CLAIRE MCCASKILL, Missouri RICHARD BURR, North Carolina JON TESTER, Montana SARA G. GARLAND, Majority Staff Director DAVID A. MULLON JR. Minority Staff Director (II) VerDate 0ct 09 2002 09:47 Dec 12, 2007 Jkt 038917 PO 00000 Frm 00002 Fmt 5904 Sfmt 5904 S:\DOCS\38917.TXT JACK PsN: JACKF C O N T E N T S Page Hearing held on September 19, 2007 ..................................................................... 1 Statement of Senator Burr ..................................................................................... 46 Statement of Senator Dorgan ................................................................................. 1 Statement of Senator Murkowski ........................................................................... 4 Statement of Senator Tester ................................................................................... 2 WITNESSES Dole, Hon. Elizabeth, U.S. Senator from North Carolina .................................... 3 Fleming, R. Lee, Director, Office of Federal Acknowledgement, Office of the Assistant Secretary—Indian Affairs, U.S. Department of the Interior ........... 39 Prepared statement .......................................................................................... 41 Goins, Hon. James Ernest, Chairman, Lumbee Tribe of North Carolina ........... 6 Prepared statement .......................................................................................... 8 Levin, Hon. Carl, U.S. Senator from Michigan ..................................................... 12 Prepared statement with attachment ............................................................. 13 McIntyre, Hon. Mike, U.S. Representative from North Carolina ........................ 5 Sinclair, Hon. John, President, The Little Shell Tribe of Chippewa Indians of Montana ............................................................................................................ 15 Prepared statement .......................................................................................... 17 Tucker, Hon. Ann Denson, Chairwoman, Muscogee Nation of Florida ............... 24 Prepared statement .......................................................................................... 26 Yob, Hon. Ron, Chairman, Grand River Bands of Ottawa Indians of Michigan 29 Prepared statement with attachments ........................................................... 31 APPENDIX Chambers, Curtis, Tribal Chairman, Burt Lake Band of Ottawa and Chip- pewa Indians, prepared statement ..................................................................... 54 Cook, Michael, Executive Director, United South and Eastern Tribes, Inc., prepared statement .............................................................................................. 57 Easley, Michael F., Governor, State of North Carolina, prepared statement with attachments ................................................................................................. 58 Inouye, Hon. Daniel K., U.S. Senator from Hawaii, prepared statement ........... 53 Martinez, Hon. Mel, U.S. Senator from Florida, prepared statement ................ 53 Rivera, Jr., Hon. Anthony, Chairman, Juanen˜ o Band of Mission Indians, Acjachemen Nation, prepared statement with attachment .............................. 64 Skinaway, Monroe, Chairman, Sandy Lake Band of Ojibwe, prepared state- ment with attachments ........................................................................................ 69 Venne, Carl E., Chairman, Crow Tribe, letter to Senators Baucus and Tester . 68 Wright, James, Tribal Chief, Ma-Chis Lower Creek Indian Tribe of Alabama, prepared statement .............................................................................................. 63 (III) VerDate 0ct 09 2002 09:47 Dec 12, 2007 Jkt 038917 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 S:\DOCS\38917.TXT JACK PsN: JACKF VerDate 0ct 09 2002 09:47 Dec 12, 2007 Jkt 038917 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 S:\DOCS\38917.TXT JACK PsN: JACKF PROCESS OF FEDERAL RECOGNITION OF INDIAN TRIBES WEDNESDAY, SEPTEMBER 19, 2007 U.S. SENATE, COMMITTEE ON INDIAN AFFAIRS, Washington, DC. The Committee met, pursuant to notice, at 9:30 a.m. in room 628, Dirksen Senate Office Building, Hon. Byron L. Dorgan, Chair- man of the Committee, presiding. OPENING STATEMENT OF HON. BYRON L. DORGAN, U.S. SENATOR FROM NORTH DAKOTA The CHAIRMAN. The hearing will come to order. This hearing of the Committee on Indian Affairs is a hearing on the process of federal recognition of Indian tribes. This morning the Committee will meet to hear testimony regarding the administra- tive process for the Federal recognition of Indian Tribes. This is in- tended to be the first of several hearings on the Federal recognition process. My own feeling is that the process does not work very well at this point and needs to be repaired and fixed. Today we are going to focus on the experiences that petitioners have encountered in the administrative process that have led them to seek legislative recognition. We will also hear from the Depart- ment of the Interior, and I intend to hold a hearing at a later date that will focus on proposed recommendations for change and reform of the process. There were a number of tribal groups and organizations who wished to participate in today’s hearings. The four witnesses here today represent tribal groups whose Senators have introduced rec- ognition bills on their behalf. I should note there are others who wish to testify. We had a limited capability today. But I believe that the hearing today will have tribal groups and organizations who are representative of a broader group. The Federal acknowledgement process was established in 1978 by the Department of the Interior at the request of the American Indian Policy Review Commission. It was not a process expressly required by statute, although there has been considerable Congres- sional interest in that process over the years. It was developed through consultation with Indian tribes and other interested par- ties. During the initial development of the regulations, there were over 400 meetings and discussions and conversations, I under- stand. That consultation resulted in what is an administrative process requiring petitioning groups to meet seven criteria to prove (1) VerDate 0ct 09 2002 09:47 Dec 12, 2007 Jkt 038917 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 S:\DOCS\38917.TXT JACK PsN: JACKF 2 that they had a ‘‘substantially continuous tribal existence since his- torical times.’’ The recognition process, for better or for worse, has evolved over the years into a lengthy—an unbelievably lengthy—and costly proc- ess requiring substantial research, substantial documentation. I’m told that some petitions can fill an entire room. It is unbelievable to me that two of our four witnesses today have waited nearly 30 years for the Department of the Interior to make a decision. I think it is important, if tribes are seeking recognition, that there be a complete and a substantial record. I understand the re- quirements that must go into making that record. So I’m not sug- gesting that we shortchange the requirement to establish the his- torical record. I am saying that a process that in many cases lasts 20 or 30 years for tribal recognition or for a decision on tribal rec- ognition is a process that’s broken and ought to be fixed. We’re not serving anybody’s interest with those kinds of lengthy, lengthy delays. So we will be holding the hearing this morning, we will hold other hearings as well on this process and recommendations for trying to fix this process. Let me call on my colleague, Senator Tester, from Montana, for comments. STATEMENT OF HON. JON TESTER, U.S. SENATOR FROM MONTANA Senator TESTER. Thank you, Mr. Chairman. Just very briefly, I appreciate your kindness. As I look at this whole process, which I knew very little about before Chairman Sinclair approached me about a year ago. He asked me to carry a bill to legislatively recognize the Little Shell Tribe. It is absolutely apparent to me the process is totally broken and overburdened with bureaucratic red tape. A decision needs to be made in a lot of these areas on a timely basis yes or no and move forward. So if there’s ways through this hearing, Mr. Chair- man, if we can get the Department of Interior in a better position to make a timely decision on this particular topic so that the proc- ess serves our Native Americans better and creates better govern- ment. Thank you, Mr. Chairman. I look forward to hearing from our witnesses. The CHAIRMAN.
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