New, Updates, and other actions:

Hearings:

On February 4th, 2016, the Senate Subcommittee on Communications, Technology, Innovation, and the Internet held a hearing on "Ensuring Intermodal USF Support for Rural America." The purpose was to highlight success and issues in deploying high-speed terrestrial and wireless services to rural areas through the Universal Service Fund's (USF) High-Cost Program and the Mobility Fund. The National Congress of American Indians (NCAI) provided testimony that raised issues with ongoing changes to High-Cost support for tribal lands and how programmatic changes at the Federal Communications Commission has led to a reduction in infrastructure investment and maintenance on rural tribal lands.  Read the full testimony here.

House Democrats Committee on Energy and Commerce Hearing on the "Status of the Public Safety Broadband Network" Subcommittee on Communications and Technology was held on February 2, 2016.  The purpose of the hearing was to receive updates from the Federal Communications Commission (FCC) and the First Responder Network Authority (FirstNet) regarding the progress towards deploying a nationwide interoperable public safety broadband network for first responders.  The National Congress of American Indians (NCAI) submitted these comments on behalf of Tribal leadership.
 
On February 25th, 2016, the Senate Committee on Indian Affairs Roundtable Discussion "The Tribal Law and Order Act 5 years Later: Next Steps to Improving the Justice Systems in Indian Communities."  This discussion included three panels comprised of tribal, federal and judicial panelists along with an open comment period. The list of speakers and the video of the roundtable is available here. 

On February 17, 2016, the House Subcommittee on Indian, Insular, and Alaska Native Affairs held a legislative hearing on H.R.3477 on Native American Tourism And Improving Visitor Experience Act and H.R.3599 on the Eastern Band of Cherokee Historic Lands Requisition Act. The list of witnesses and video is here.

New:

S.2580: Reforming American Indian Standards of Education Act (RAISE Act). This Act would create the Indian Education Agency as an independent agency within the Department of the interior in order to modernize and streamline the current Bureau of Indian Education (BIE) and create increased accountability and transparency to better meet the needs of Native students. Introduced by Senator Barrasso on 02/25/2016; Read twice and referred to the Committee on Indian Affairs.

Updates:

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. (Last Action: Subcommittee Hearings Held by House Natural Resources Subcommittee on Indian, Insular and Alaska Native Affairs on 02/24/2016) 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.812: Indian Trust Asset Reform Act. This Act reaffirms the federal government's fiduciary responsibilities to tribes. Directs the Department of the Interior to establish a 10 year (but may be extended at Interior's discretion) Indian trust asset management demonstration project that allows Indian tribes to propose Indian trust asset management plans. Authorizes Interior to establish an Under Secretary for Indian Affairs who is to: (1) report directly to the Secretary of the Interior; (2) assume the functions of the Assistant Secretary for Indian Affairs; and (3) coordinate with the Special Trustee for American Indians to ensure an orderly transition of the functions of the Special Trustee to the Bureau of Indian Affairs, or to any other agency or bureau within Interior. Requires Interior to prepare a transition plan and timetable for the termination of the Office of Special Trustee for American Indians. (Latest Action: Passed House and Amended by the Committee on Natural Resources on 02/24/2016. H. Report 114.432. Introduced in House on 02/09/2015).

 H.R.3477  & S.1579: NATIVE 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. (Latest Action: Legislative Hearing on H.R.3477 held on 02/24/2016; video and witness list here. Placed on Senate Legislative Calendar under General Orders. Calendar No. 345 on 1/12/2016. Senate Report 114-201. 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).

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. (Last Action: Subcommittee Hearings Held by House Natural Resources Subcommittee on Indian, Indular and Alaska Native Affairs on 02/24/2016) 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).

No New Action:

S.2468: SAFETY Act. (Safe Academic Facilities and Environments for Tribal Youth) of 2016. The SAFETY Act would address several education-related facilities needs serving all Native students and teachers - including Impact Aid schools, Tribal Colleges and Universities (TCUs), Department of Education, and Bureau of Indian Education (BIE) schools. The bill would require the Secretary of the Interior to carry out a 5-year demonstration program to provide grants to eligible Indian tribes for the construction of tribal schools, and for other purposes. Introduced by Senator Jon Tester on 01/27/2016. Read twice and referred to the Committee on Indian Affairs. (No Action in February). 

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 February. Last Action: Introduced in the Senate on 01/13/201. Placed on Senate Legislative Calendar under General Orders Calendar No. 348 on 01/12/2016. Senate Report 114-204.   Senate Committee On Indian Affairs Order to be reported without amendment favorably on 10/21/15. Passed House 07/14/2015).
 
HR 3764: Tribal Recognition Act of 2015. This act would make it so that only an 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. (No Action in February. 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.  
 
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. (No Action in February. Last Action: Introduced, read twice and referred to the Senate Committee on Indian Affairs on 11/18/2015).
 
H.R.511 & S.248: Tribal 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 February. Last Action: Introduced in the Senate 01/22/2016. 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 February. 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 February. Last Action: Introduced, read twice and referred to the Committee on Indian Affairs on 10/22/15).

H.R.3487: Respect 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 franchises use the term “Redskins” or the term “Redskin.” (No Action in February. 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. 538: Native 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 February. 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.465: Thomasina 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 February. 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 February. Last Action House: Introduced in the house on Subcommittee Hearings Held, House Natural Resources Committee, 9/29/2015. Senate: S. Report 114-139 and Placed on Senate Legislative Calendar 9/10/2015).
 
S.1937 & 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 February. 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.286: Department 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 February.  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. 3026: Tribal 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 February.  Last Action: Introduced 7/10/2015 Referred to the House Committee on Ways and Means).

H.R.3166: Native 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 February. 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 February. Last Action Senate: 7/15/2015: Read Twice and referred to the Committee on Finance. Last House 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 new action. 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 new action. 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 new action. 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 new action. 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.209: Indian 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. (No Action in 2016. Last Action: incorporated into S.2012 the Energy Policy Modernization Act as an amendment. Referred to the Subcommittee on Energy and Power on 12/18/15. 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). NCAI has been working on this bill and inclusion into S.2012 since July 2015. NOTE: Please read the Tribal position on this Bill in the NCAI 2015 Policy Update Briefing on page 12. ADDITIONAL RESOURCES:  NCAI letter of support for S.209; NCAI letter of concern regarding Hydropower Provisions in S.2012; White House Statement on S.2012.

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 2016. 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. Became Public Law 114-57 on 9/30/2015

State of Arizona: 

House:
Representative Hale bill's (well over 100 bills sponsored or co-sponsored in this legislative session):

HB 2610: Indian Nations; Tribes; Legislative Day.
Introduced and read on 02/11/2016. The Bill modifies the date of the annual Indian Nations and Tribes Legislative Day to the first Wednesday of the legislative session. It is currently the first Tuesday. (Latest Action: Senate COW recommended passing on 02/24/2016).
 
HB 2311: Tribal colleges; expenditure limitation; exemption.
Exempts community colleges that are owned, operated, or chartered by Indian tribes from expenditure limitations. (Latest Action: First Reading on 0204/2016; Second Reading on 02/08/2016).
 
HB 2312: Advisory council; Indian health care.
Reorganizes the Arizona advisory council on Indian health care to add greater representation and to better serve the indigenous communities. (see companion bill in Senate SB1238). (Latest Action: Passed House and Transmitted to Senate on 02/26/2016).
 
HB 2313: Indian tribes; JTED expenses.
Provides funding for the operation, maintenance, renewal and capital expenses of the Northeast Arizona Technological Institute of Vocational Education District, the only Joint Technical Education District in an Indian Nation. JTEDs provide career and technical education for native students. (No Action in February).
 
HB 2314: Appropriation; Navajo nation court complex.
Allocates $7.5 million to help build a Supreme Court Complex on the Navajo Nation.  The entire construction project is expected to cost about $15 million, and the Navajo Nation is expected to contribute the other $7.5 million. (No Action in February).
 
HB 2315: TPT; Indian tribes; motor vehicles.
Allows enrolled members of Indian Nations to qualify for vehicle sales tax exemptions when they purchase a vehicle even if they reside within the boundaries of an Indian Nation where they are not enrolled. (No Action in February).
 
HB 2316: Appropriation; water projects; Navajo Nation.
Appropriates $3.4 million from the state general fund to the Navajo Nation for planning and developing water supply and infrastructure projects.  These projects are crucial to support community growth and economic development on Native American land. (No Action in February).
 
HB 2317: State transportation board; tribal representation.
Requires the State Transportation Board to include a representative from an Indian Nation. The board is responsible for planning for the transportation needs of the state. The population of the 22 federally recognized Indian nations in Arizona exceeds 250,000. These Indian nations have unique transportation needs that are not currently being met.(No Action in February).
 
HB 2318: Central Arizona project board; membership.
Requires that the CAP board of directors include one non-voting member, who is a tribal elected official, to ensure Indian nations are included in discussions about CAP Colorado River water use. The member would be appointed by the governor and selected from a list of three nominees. The Inter Tribal Council of Arizona would be responsible for identifying two nominees, and the Navajo Nation would be responsible for the third nominee. These Indian nations should have a seat at the table for discussions regarding water availability and use. (No Action in February).
 
HB 2319: Indian tribes; TPT revenues.
Allocates Transaction Privilege Tax money, or sales tax, back to the Native American lands where it was collected. These funds would be used for infrastructure and community development, including telecommunication infrastructure development and roads on Indian reservations. Currently, TPT money is collected from businesses not owned by enrolled members operating on Native American lands. The tax money is distributed to the state, counties and municipalities incorporated under state law. Indian nations are not included in this distribution formula. Native American nations would be authorized to use the TPT money as collateral to fund projects. (Latest Action: First Reading on 02/24/2016); Second Reading on 02/08/2016).
 
HCM 2005: Veterans’ homes; tribal lands. 
Asks Congress to enact legislation that would allow construction reimbursement and per diem payments for veterans nursing care homes built on Native American nation lands. Current federal law provides for a 65 percent construction reimbursement and per diem payments to veterans nursing care homes built on land owned by states, territories or land the U.S. possesses. Veteran homes built on Native American nation lands are not eligible for the reimbursement and per diem payments. (No Action in February).

Senate:
Senator Begay bill's that saw action (there are over 100 pieces of legislation eithersponsored or co-sponsored by Senator Begay in this session):

SB2019: Extracurricular and Athletic Activities; Accessories. Strike Everything Amendment that prohibits public schools and interscholastic athletic associations from disallowing a student from wearing religious or cultural accessories or hair piece while participating in extracurricular or athletic activities. (Latest Action: Passed Senate and transmitted to House on 02/29/2016).

SB1220: Tribal College Compact; Renewal.
Strike Everything Amendment that extends the terms of tribal community college compacts and allows the compacts to be amended and renewed in the fourth year prior to the expiration of the compact. (Latest Action: Passed Senate and transmitted to the House on 02/29/2016).
 
SB1224: Amending Indian Reservation Tobacco Tax.
Arizona preempts the area of Indian reservation tobacco taxation. This bill would eliminate State, county, city, or town preemption.  It also leaves tribes open to imposing its own tobacco tax or a similar levy. (No Action).
 
SB1237: Extending Arizona Commission of Indian Affairs. Extends sunshine date to July 1, 2024.  This legislation continues the Arizona Commission of Indian Affairs in order to assist and support Indians and tribal councils in this state, and to enhance government‑to‑government relations between the twenty‑one Arizona Indian tribes or nations and this state. (Latest Action: Passed Senate and transmitted to House on 02/29/2016).
 
SB1238: Advisory Council; Indian Health Care.
This bill expands on the old statute increasing the number of representatives from state tribes which was at 20 to 22 and also includes and appointment of a representative of the Intertribal Council of Arizona and one representative from an urban Indian health organization. (see companion bill in House HB2312) (Latest Action: Passed Senate and transmitted to House 02/29/2016 with technical amendments).

SB1451: Office of Indian Education; Assistance.
Outlines the Office of Indian Education's role in providing technical assistance. (Latest Action: Passed Senate and transmitted to the House on 02/29/2016).

Tribal Financial Manager Certification Program

• Principles of federal Indian law and its effect on tribal financial management
• Government accounting standards and principles
• Compliance with the new OMB Uniform Guidance
• Self-determination, self-governance, financial compliance, and record keeping
• IRS Information Reporting Requirements for Tribal Employers under the Affordable Care Act 
• Effects of federal, state, and tribal taxation on tribal financial management, including development of a revenue allocation plan
• Best practices for internal controls and procurement policies
• Key tools for developing and managing budgets
• Emerging financial issues in Indian Country