In the Matter of: Tribal Consultation Hearing Reporter's Transcript of Proceedings 07/25/2013 Job #: 22396 (818)988-1900 1 TRIBAL CONSULTATION 2 DRAFT REVISIONS TO FEDERAL ACKNOWLEDGMENT REGULATIONS 3 (25 CFR 83) 4 5 6 7 8 9 10 REPORTER'S TRANSCRIPT OF PROCEEDINGS 11 THURSDAY, JULY 25, 2013 12 9:11 A.M. 13 14 15 HOTEL CORQUE 16 400 ALISAL ROAD 17 SOLVANG, CALIFORNIA 93463 18 19 20 21 22 23 24 FILE NO: 22396 25 REPORTED BY: WENDY DRISCOLL, C.S.R. NO. 12480 Personal Court Reporters, Inc. Page: 1 1 APPEARANCES: 2 3 FOR THE OFFICE OF REGULATORY AFFAIRS & COLLABORATIVE ACTION: 4 UNITED STATES DEPARTMENT OF THE INTERIOR 5 BY: ELIZABETH APPEL 1849 C STREET, NW 6 MS 4141 WASHINGTON, D.C. 20240 7 8 FOR THE OFFICE OF THE SOLICITOR: 9 UNITED STATES DEPARTMENT OF THE INTERIOR 10 BY: KAITLYN CHINN 1849 C STREET, NW 11 MS 4141 WASHINGTON, D.C. 20240 12 13 FOR THE INDIAN AFFAIRS: 14 UNITED STATES DEPARTMENT OF THE INTERIORS 15 BY: LAWRENCE S. ROBERTS, DEPUTY ASSISTANT SECRETARY 16 1849 C. STREET, NW MS4159-MIB 17 WASHINGTON, D.C. 20240 202.208.7163 18 [email protected] 19 20 21 22 23 24 25 Personal Court Reporters, Inc. Page: 2 1 I N D E X 2 SPEAKERS: PAGE 3 MIKE RODRIGUEZ 20 4 KEN WOODROW 23, 28, 33, 177 5 MICHAEL LOMBARD 23 6 FLORENCE DICK 25 7 LISA ALBRITRE 27, 50, 159 8 BEN WOLF 32, 84 9 DAVID GALVAN 29, 91 10 TONY CERDA 35, 102 11 ROSE MARY 40 12 ELIZABETH SHOULDERMAN(PHONETIC)41, 108 13 LYDIA PONCE 43, 110, 191 14 HEIDI HARPER PEREZ 46 15 GINA LAMB (PHONETIC) 53, 76 16 SANDRA CHAPMAN 55, 109, 188 17 JOHN AMMON 61 18 MANDY MARINE 67 19 SHANE CHAPPAROSA 77 20 JULIE DICK TEX 78 21 ANDREW LARA 83, 104, 175 22 JESSICA BEVINS (PHONETIC) 88 23 SANDY HESTER 93 24 JEROME FREDERICKS 97 25 // Personal Court Reporters, Inc. Page: 3 1 I N D E X 2 SPEAKERS: PAGE 3 JAMES MARINO 128, 182 4 MARTHA GONZALEZ 131 5 VALENTIN LOPEZ 132, 171, 189 6 LOUISE MIRANDA RAMIREZ 143, 169, 180, 195 7 MARCUS LOPEZ 150 8 MICHAEL CORDERO 153 9 ANDI CULBERTSON 154 10 WALLACE CLARK 157 11 JOHN SCHNEIDER 160 12 MAURA SULLIVAN 161, 183 13 TRACY RIVAS 163 14 ROBERTA CORDERO 166, 187 15 MONA OLIVAS TUCKER 169 16 GERRY SHEPHERD 175 17 CHRIS SANDOVAL 177 18 ALFONSO RODRIGUEZ 181 19 AMBER MACHAMER 185 20 PEGGI ODOM 187 21 EMILIENO MARTINEZ 188, 196 22 SAM COHEN 191 23 GARY PIERCE 194 24 SHIRLEY MACAGNI 196 25 Personal Court Reporters, Inc. Page: 4 1 SOLVANG, CALIFORNIA 2 THURSDAY, JULY 25, 2013; 9:11 A.M. 3 4 5 MR. ROBERTS: We have a relatively small group 6 this morning. Thank you for showing up so early. We have 7 a couple of folks in the front. If people want to move up 8 closer to the front that would be great. My name is Larry 9 Roberts, I'm a member of the united nation of Wisconsin 10 and am principal deputy, assistant secretary for Indian 11 Affairs at the Department of the Interior. 12 This morning's session is a tribal consultation 13 with federally recognized tribes. So what I'm going to do 14 is since we have such a small group I want to go around 15 and have introductions of folks. This brief part of it, 16 of introductions won't be on the record but when you do 17 speak either this morning or later this afternoon please 18 speak slowly and spell your first and last name as well as 19 the group that you're with so we can have this for the 20 court reporter. 21 All of the materials that are submitted as part 22 of the consultation and public meetings will be put up on 23 our Web site and available to everyone, including the 24 transcripts of these so that everyone is able to learn 25 about what was said at the tribal consultations and as Personal Court Reporters, Inc. Page: 5 1 part of the public comment process here today and for the 2 rest of these consultations. 3 We're going to -- so I'm going to go ahead and 4 just have folks introduce themselves so we know who's all 5 here and we'll move forward. 6 (Non-reported introduction of audience members) 7 MR. ROBERTS: So this morning's session is for 8 leaders of federally recognized tribes and those tribes 9 that are on the list that the department recognizes as 10 federally recognized tribes. The afternoon session is 11 open to basically everyone else, everyone from the public. 12 So what I'm going to ask though, I know a lot of people 13 have traveled here this morning and have shown up early, 14 I'm going to ask that we take a very short break, just 15 five minutes, and I'm going to be out at the front table. 16 If there are any tribal leaders from federally recognized 17 tribes that object in terms of having this session open to 18 non- federally recognized tribes or the others that 19 themselves that are in the room if you can let me know, 20 and if there is leadership from a federally recognized 21 tribe that would prefer to have this session closed I 22 would ask that everyone respect that. That's something we 23 need to do to comply with on the executive orders on 24 tribal consultation. 25 I will let everyone know that if we do go into a Personal Court Reporters, Inc. Page: 6 1 session with just federally recognized tribes, the 2 presentations are the same in the morning as the 3 afternoon, it's the same PowerPoint, it's the same 4 materials. And like I said, all comments are going to be 5 put on the Web site. 6 So we're going to take a very short five-minute 7 break. At which time I'll come back and if there is an 8 objection I'll let folks know and we will respect that; 9 and if not, we'll just move forward. But we will be 10 doing, regardless of how we move forward today, this 11 morning we will have the same presentation this afternoon 12 as well. 13 With that we'll just take a couple of minute 14 break. 15 (Recess was taken at 9:20 a.m. 16 and resumed at 9:27 a.m.) 17 MR. ROBERTS: Okay. Thanks for your patience 18 everyone. We're going to go ahead and get started here. 19 We'll let folks take a little time to take their seats. 20 So for those federally recognized tribes that 21 are in the audience, during the break I did not have 22 anyone from federally recognized tribes come up to me and 23 express any concern about wanting this session closed to 24 those people that are already -- or opposed to only 25 federally recognized tribes, so those folks that are were Personal Court Reporters, Inc. Page: 7 1 already here and attend this session, if there is anyone 2 that didn't have a chance to talk with either myself or 3 Katie Chinn or Liz Appel here to express a concern if you 4 could just let me know now otherwise we're going to start 5 going forward with this tribal consultation session here. 6 Okay. So I've introduced myself, I'm going to 7 let the other members of my team introduce themselves to 8 ya'll and we're going to get started with a PowerPoint 9 that will last roughly 20, 25 minutes and then we're going 10 to open up the floor to comments and questions on the 11 discussion draft. 12 MS. CHINN: My name is Katie Chinn, I'm a 13 citizen of Wyandotte nation of Oklahoma. And I work in 14 the solicitors office in the division of Indian Affairs. 15 MS. APPEL: Good morning everyone. My name is 16 Liz Appel and I'm from the office of Regulatory Affairs 17 and Collaborative Action, and we report to the assistant 18 secretary for Indian Affairs. 19 MR. ROBERTS: Okay. So within your materials 20 this morning is a copy of the PowerPoint that we're going 21 to run through. Essentially, the first slide here just 22 provides a very general background in terms of how tribes 23 may be acknowledged by the federal government, and then it 24 can happen through the judicial branch by Congress passing 25 specific legislation recognizing tribes or Personal Court Reporters, Inc. Page: 8 1 administratively by the Department of the Interior. 2 What we're here to talk about today is the Part 3 83 process, the regulatory process that the department 4 promulgated to provide a uniform process for recognition. 5 Prior to 1978 the department recognized tribes on a 6 case-by-case basis. In 1978 the department promulgated 7 it's regulations to provide a process to handle those 8 petitions that were received by groups asking that they be 9 recognized as a federally recognized tribe. 10 In 1994 the department revised the regulations. 11 For the most part, the primary change to that was the 12 previous unambiguous federal acknowledgement portion of 13 those regulations.