January Legislative Update:
A non-exhaustive summary of legislation regarding Native Americans put forth in the 114th Congress. These are updated monthly, with new bills added as they come online.  
 
New, Updates, and other actions:
In December 2015, the Senate Committee on Indian Affairs hosted an Oversight Hearing on the Tribal Law and Order Act (a video of the hearing is at the link).  Additionally, they hosted a Business Meeting to consider S. 1879, a bill to improve processes in the Department of the Interior. The bill, the Interior Improvement Act, passed committee and “dramatically improves the Department of the Interior’s trust land acquisition process for Indian Tribes and restores the secretary of the Interior’s authority to take land into trust and reaffirms the status of lands already taken into trust.”
 
S.209Indian Tribal Energy Development and Self-Determination Act Amendments of 2015: Amends the Energy Policy Act of 1992 to direct the Department of the Interior to provide Indian tribes with technical assistance in planning their energy resource development programs. (Last Action: Passed Senate with an amendment by Unanimous Consent on 12/10/15. Placed on Senate Legislative Calendar 9/30/2015 with report No.114-149).  NOTE: Please read the Tribal position on this Bill in the NCAI 2015 Policy Update Briefing on page 12.
 
HR 3764: Tribal Recognition Act of 2015: This act would make it so that only and Act of Congress can designate an Indian tribe with Federal Acknowledgement. This would take the power away from the Secretary of the Department of the Interior. It also designates what entities are eligible for consideration, denying those Tribes that have petitioned for Federal Recognition previously. (Last Action: Subcommittee Hearings Held (Part II) held on 12/08/2015. Subcommittee Hearings held on 10/29/2015. Introduced: 10/20/15; Subcommittee Hearings were held on 10/20/15, 10/23/15, and 10/28/15) NOTE: this issue is of particular concern to Tribal Nations and NCAI has yet to put out a perspective on this bill, due to the fact that the Bill was introduced after the Annual Policy Update Briefing.  
 
Existing 114th Congress Legislation that saw No action in December:
S.2304: Tribal Early Childhood, Education and Related Services Integration Act of 2015. To provide for tribal demonstration projects for the integration of early childhood development, education, including Native language and culture, and related services, for evaluation of those demonstration projects, and for other purposes. (Last Action: Introduced, read twice and referred to the Senate Committee on Indian Affairs on 11/18/2015).
 
H.R.511 & S.248Tribal Labor Sovereignty Act of 2015: Amends the National Labor Relations Act to provide that any enterprise or institution owned and operated by an Indian tribe and located on its lands is not considered an employer (thus excluding such enterprises or institutions from coverage by such Act). ( No Action in December. Last Action: Passed the House on 11/17/2015.  Placed on the Union Calendar and H. Report 114-260 9/10/2015 | S. Report 114-140; Placed on Senate Legislative Calendar 9/10/2015)
 
H.R.3848: Burt Lake Band of Ottawa and Chippewa Indians Reaffirmation Act: This bill reaffirms federal recognition and the rights and privileges of the Burt Lake Band of Ottawa and Chippewa Indians in Cheboygan County, Michigan. The band is eligible for all federal services and benefits available to other federally recognized Indian tribes. This bill designates the service area for the delivery of federal services to the band and to other Indians nearby. (No Action in December. Last Action: Referred to the Subcommittee on Indian, Insular and Alaska Native Affairs for Committee Consideration on 10/30/15. Introduced and Referred to House Committee on Natural Resources on 10/28/15)
 
S.2205: Tribal Healing to Wellness Courts Act: This bill seeks to establish a grant program to assist tribal governments in establishing tribal healing to wellness courts, and for other purposes. (No Action in December. Last Action: Introduced, read twice and referred to the Committee on Indian Affairs on 10/22/15)
 
H.R.3599: Eastern Band Cherokee Historic Lands Reacquisition Act: To take certain Federal lands in Tennessee into trust for the benefit of the Eastern Band of Cherokee Indians. (No Action in December. Last Action: Referred to the Subcommittee on Indian, Insular and Alaska Native Affairs on 10/06/2015. Referred to House Committee on Natural Resources 9/24/14).
 
H.R.3487Respect for Native Americans in Professional Sports Act of 2015: To make the antitrust laws applicable to professional sports leagues that use, or promote or allow member teams or franchisees to use the term “Redskins” or the term “Redskin”. (No Action in December. Last Action: Referred to the Subcommittee on Regulatory Reform, Commercial and Antitrust law on 10/05/2015.  Introduced in the House 9/10/2015 and Referred to the House Committee on the Judiciary).
 
H.R. 538Native American  Energy Act:  Amends the Energy Policy Act of 1992 to allow the Department of the Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring Interior approval. Deems an appraised approved if Interior fails to respond in 60 days. Gives tribes the option of waiving such appraisals. (No Action in December. Last Action: Senate: Read twice and referred to Senate Committee on Indian Affairs 10/19/15. Passed House on 10/08/15). NOTE: Please read the Tribal position on this Bill in the NCAI 2015 Policy Update Briefing on page 13.
  
H.R.872 & S.465Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2015:  To extend Federal recognition to the Chickahominy Indian Tribe, the Chickahominy Indian Tribe—Eastern Division, the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian Nation, and the Nansemond Indian Tribe. (No Action in December. Last Action: Subcommittee Hearings Held, House Natural Resources Committee, 9/29/2015 | Placed on Senate Legislative Calendar 9/10/2015; Senate Report. 114-141).
 
H.R.286 & S.35: Little Shell Tribe of Chippewa Indians Restoration Act of 2015
Extends federal recognition to the Little Shell Tribe of Chippewa Indians of Montana. Makes the Tribe and each member eligible for all services and benefits provided by the United States to Indians and federally recognized Indian tribes, without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near an Indian reservation. (No Action in December. Last Action House: Subcommittee Hearings Held, House Natural Resources Committee, 9/29/2015. Senate: S. Report 114-139 and Placed on Senate Legislative Calendar 9/10/2015).
 
H.R.3477  & S.1579NATIVE Act: To enhance and integrate Native American tourism, empower Native American communities, increase coordination and collaboration between Federal tourism assets, and expand heritage and cultural tourism opportunities in the United States. (No Action. Latest Action House: Referred to the Subcommittee on Indian, Insular and Alaska Native Affairs 9/21/2015. Last Action Senate: Referred to Senate Committee on Indian Affairs 10/07/15).
 
 
S.1937 and H.R. 3502:Tribal Nutrition Improvement Act of 2015 : A bill to amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to improve nutrition in Tribal areas and for other purposes. (No Action In December. Last Action: Passed House 10/22/15. Received in the Senate and Read twice and referred to the committee on Energy and Natural Resources on 10/26/15. Introduced in Senate and read twice then referred to the Senate Committee on Agriculture, Nutrition, and Forestry on 08/04/2015).
 
S.286Department of the Interior Tribal Self Governance Act of 2015: Amends the Indian Self-Determination and Education Assistance Act (the Act) to change the Department of the Interior's process for approving self-governance compacts and annual funding agreements with Indian tribes. Modifies Interior's process to make it similar to processes used by the Department of Health and Human Service's Indian Health Service. (No Action in December.  Passed Senate on 08/04/2015; Referred to the Subcommittee on Indian, Insular and Alaska Native Affairs). NOTE: Please read the Tribal position on this Bill in the NCAI 2015 Policy Update Briefing on 46.
 
H.R.387 S.175: Economic Development Through Tribal Land Exchange Act: A Bill providing for the disposition of four parcels of land in California transferring lands to Morongo Band of Mission Indians. (No Action in December. Last Action: Senate Committee On Indian Affairs Order to be reported without amendment favorably on 10/21/15. Passed House 07/14/2015).
 
H.R. 3026Tribal TANF Fairness Act of 2015: This bill amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to allow a tribal government (including one participating in an intertribal consortium) to lease land held in trust or in fee, at a fair market rate, for the administration of a tribal family assistance grant by the tribal government or the intertribal consortium. (No Action in December.  Last Action: Introduced 7/10/2015 Referred to the House Committee on Ways and Means).
 
H.R.3166Native American Suicide Prevention Act of 2015: To amend section 520E of the Public Health Service Act to require States and their designees receiving grants for development or implementation of statewide suicide early intervention and prevention strategies to consult with each Federally recognized Indian tribe, tribal organization, and urban Indian organization in a State. (No Action in December. Last Action: 7/22/2015: introduced and referred to the House Committee on Energy and Commerce)
 
S.1771 & H.R. 3080: Tribal Employment and Jobs Protection Act: To amend the Internal Revenue Code of 1986 to exempt Indian tribal governments and other tribal entities from the employer health coverage mandate. (No Action in December. Last Action Senate: 7/15/2015: Read Twice and referred to the Committee on Finance. Last House Action: NO NEW ACTION. 7/15/2015: Referred to the House Committee on Ways and Means).
 
H.R.360 & Bill S. 710: Native American Housing Assistance and Self-Determination Reauthorization Act of 2015 (No Action in December. Last Action: Senator Barrasso from Senate Committee on Indian Affairs filed S. Report 114-117 on 08/5/2015;  3/24/15 Status: Passed House, received in the Senate and read twice and referred to the Committee on Indian Affairs; 06/04/2015: Referred to the Committee on Banking, Housing, and Urban Affairs pursuant to the order of May 27, 1988 for a period not to exceed 60 days).
 
H.R. 3043 & S. 1749: Tribal Tax Incentive for Renewable Energy Act of 2015: To amend the Internal Revenue Code of 1986 to allow allocation of certain renewable energy tax credits to Indian tribes, and for other purposes. (No Action in December. Last Action: Passed House and received in the Senate and Read twice and referred to the Committee on Indian Affairs 07/14/2015).
 
H.R. 2174 & S.1163: Native American Languages Reauthorization Act of 2015: To amend the Native American Programs Act of 1974 to provide flexibility and reauthorization to ensure the survival and continuing vitality of Native American languages. ( No Action in December. Last Action:  Senate Committee of Indian Affairs hearing held on 11/18/2015. House Referred to the Subcommittee on Higher Education and Workforce Training on 11/16/2015. Introduced in House and Senate 4/30/2015) NOTE: Please read the Tribal position on this Bill in the NCAI 2015 Policy Update Briefing on 31.
 
S.Res. 62: A resolution designating the week beginning on February 8, 2015, as "National Tribal Colleges and Universities Week" (Last action: 2/2/15 Status: passed senate).
 
H.R. 1168 &S. 184:  Native American Children’s Safety Act: Amends the Indian Child Protection and Family Violence Prevention Act to prohibit the final approval of any foster care placement or a foster care license from being issued until the tribal social services agency: (1) completes a criminal records check of each covered individual who resides in the household or is employed at the institution in which the foster care placement will be made, and (2) concludes that each of those individuals meets the tribe's standards established pursuant to this Act. Defines a "covered individual" as an adult and any other individual the tribe determines is subject to a criminal records check. (No Action in December. Last action: 6/2/15 Status: received in the Senate) House Report: 114-79 [no action since 6/02/2015] (last action 6/1/15 Status: Passed Senate) Senate Report: 114-37 NOTE: Please read the Tribal position on this Bill in the NCAI 2015 Policy Update Briefing on 37.
 
S.246: Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act: Establishes the Alyce Spotted Bear and Walter Soboleff Commission on Native Children in the Office of Tribal Justice of the Department of Justice. (No Action in December. Last action: 6/19/15 Status: Passed Senate and referred to the House Subcommittee on Indian, Insular and Alaska Native Affairs) Senate Report: 114-39[No Action] NOTE: Please read the Tribal position on this Bill in the NCAI 2015 Policy Update Briefing on 37.
 
LAW S.501(PL 114-255)New Mexico Navajo Water Settlement Technical Corrections Act: Amends the Omnibus Public Land Management Act of 2009 to expand the current authorization for the construction or rehabilitation and operation and maintenance of conjunctive use wells in the San Juan River Basin, Little Colorado River Basin, and Rio Grande Basin in New Mexico to include the planning and design of those wells.
 
Revises the percentages of funds authorized for the Navajo-Gallup Water Supply Project, conjunctive use wells, and San Juan River Irrigation Projects that may be made available for specified purposes by:

  • increasing from 2% to 4% the portion of funds that may be used for the survey, recovery, protection, preservation, and display of archaeological resources in the area of a Project facility or conjunctive use well; and
  • decreasing from 4% to 2% the portion of funds that may be used for purchasing land and constructing and maintaining facilities to mitigate the loss of, and improve conditions for the propagation of, fish and wildlife.

Became Public Law 114-57 on 9/30/2015
 
NOTE: Much of the legislation listed above is included in published Tribal positions in the National Congress of American Indians 2015 Policy Update Briefing that was distributed at the 2015 Annual Convention and Marketplace in October 2015.
 

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