National Legislative Matters

108^th U.S. Congressional Legislative Session

Listed below are status of bills, now pending in Congress, which are of greatest concern to members of ONE NATION. As you will see, we are at a checkmate with the tribes on legislation in Washington.

ONE NATION OPPOSES:

STILL PENDING: S.578/H.R. 2242 "Tribal Government Amendments to the Homeland Security Act." This bill implies an inadequacy or deficiency in the current Homeland Security Act of 2002. The intent of the bill is to expand tribal sovereignty and set up "tribal homelands." Section 13 of this pending legislation grants the following: (1) Tribal sovereign status equal or superior to the sovereignty of states; (2) Tribal government authority over non-members: criminal, civil and adjudicatory powers; (3) Overrules 30 years of U.S. Supreme Court rulings and renders tribes immune from the judicial branch of federal government; and (4) Shifts federal funding specifically to "tribal homelands," and fractures the seamless continuum of local law enforcement set forth in the Homeland Security Act.

STILL PENDING: H.R.1097 Salmon Planning Act – Requires the Comptroller General of the United States to study the potential effects of partially removing the four lower Snake River dams, including those on: (1) the economy of surrounding communities; (2) water transportation; (3) irrigation; (4) energy production; and (5) the extinction of salmon and steelhead populations in Snake River. Authorizes the Secretary of the Army, acting through the Corps of Engineers, to partially remove the dams if found necessary.

STILL PENDING: S.288. Indian Contracting and Federal Land Management Demonstration Project Act. A bill to encourage contracting by Indians and Indian tribes for the management of Federal land. Requires the Secretary under such Project to contract with at least 12 Indian tribes or tribal organizations to plan, and administer programs, services, and activities relating archeological, anthropological, and cultural surveys and analyses, and activities related to the identification, maintenance, or protection of lands considered to have religious, ceremonial, or cultural significance to Indian tribes.

STILL PENDING: S.344/H.R. 665. Native Hawaiian Recognition Act of 2003. A bill to provide recognition by the United States to a Native Hawaiian governing entity. Recognizes the right of the Native Hawaiian people to adopt organic governing documents. Extends Federal recognition to the government as the representative governing body of the Native Hawaiian people. Authorizes the United States, upon Federal recognition of the Native Hawaiian government, to enter into an agreement with such government regarding the transfer of lands, resources, and assets dedicated to Native Hawaiian use.

STILL PENDING: H.R.386. Tribal Government Tax-Exempt Bond Authority Amendments Act of 2003. Amends the Internal Revenue Code to permit the issuance of tax-exempt bonds by an Indian tribal government if at least 95 percent of the net proceeds are used to finance tribal facilities. Provides for the tax-exempt treatment of any private activity bond issued by an Indian tribal government or subdivision as a qualified bond. Prescribes specific ownership restrictions and an employment test. Amends the Securities Act of 1933 to exempt obligations issued by an Indian tribal government or subdivision from registration requirements.

STILL PENDING: H.R.388. Indian Reservation Jobs and Investment Act of 2003. To amend the Internal Revenue Code of 1986 to provide tax credits for Indian investment and employment, and for other purposes. Amends Internal Revenue Code to allow an Indian reservation investment credit based on specified amounts. Includes qualified personal property and qualified real property used or located outside an Indian reservation which is connected to existing tribal infrastructure in the reservation, including roads, power lines, water systems, railroad spurs, and communication facilities as a reservation infrastructure investment.

STILL PENDING: S. 462. Tribal Acknowledgment and Indian Bureau Enhancement Act of 2003. New mandatory and less stringent criteria for federal recognition of new Indian tribes:-(A) A petitioner shall demonstrate that the petitioner has been identified as an Indian group in the United States on a substantially continuous basis since 1900; (B) Secretary shall not consider any evidence that the status of the petitioner as an Indian group has been denied to be conclusive evidence that criteria have not been met; (C) Secretary may consider: 1) identification of petitioner as an Indian group by any department, agency or instrumentality of the federal government; 2) A relationship between the petitioner and any state government; 3) Any dealings of the petitioner with a county or political subdivision of a state.

STILL PENDING: S.519. Native American Capital Formation and Economic Development Act of 2003. A bill to establish a Native American-owned financial entity to provide financial services to Indian tribes, Native American organizations, and Native Americans.

STILL PENDING: S.523. Native American Technical Corrections Act of 2003. A bill to make technical corrections to law relating to Native Americans. "SEC. 103. TRIBAL SOVEREIGNTY. Section 16 of the Act of June 18, 1934 (25 U.S.C. 476), is amended by adding at the end the following: `(h) TRIBAL SOVEREIGNTY- Notwithstanding any other provision of this Act-- each Indian tribe shall retain inherent sovereign power.

STILL PENDING: S.558. New DHHS Indian Assistant Secretary. A bill to elevate the position of Director of the Indian Health Service within the Department of Health and Human Services to Assistant Secretary for Indian Health. Passed on Senate side, without amendment. Referred to House Resources Committee and Subcommittee on Health.

STILL PENDING: S.725/H.R. 2331 Tribal Transportation Program Improvement Act of 2003. A bill to amend the Transportation Equity Act for the 21st Century to provide from the Highway Trust Fund additional funding for Indian reservation roads, and for other purposes. Prohibits the Secretary of Transportation from distributing, for years after FY 2003, any. Raises from two percent to four percent the ceiling for the amount of funds made available to tribes.

STILL PENDING: S.751/H.R. 2770. American Indian Welfare Reform Act. A bill to amend part A of title IV of the Social Security Act to reauthorize and improve the operation of temporary assistance to needy families programs operated by Indian tribes, and for other purposes. Amends the Internal Revenue Code to permit Indian tribes to issue tax-exempt qualified Indian private activity bonds. Amends the Transportation Equity Act for the 21st Century to establish a set-aside for job access and reverse commute grants to Indian tribes and tribal organizations.

STILL PENDING: S.1122. Tribal Transportation Program Improvement Act of 2003. A bill to provide equitable funding for tribal transportation programs, funding for Indian reservation roads, a federal lands highways program demonstration project, right-of-way agreements, and Indian reservation road program efficiency improvements.

STILL PENDING: S.1438/H.R. 1753. Spokane Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement Act. (Read: Pork Barrel!) A bill to provide for equitable compensation of the Spokane Tribe of Indians of the Spokane Reservation in settlement of claims of the Tribe concerning the contribution of the Tribe to the production of hydropower by the Grand Coulee Dam, and for other purposes. Sponsor: Cantwell [WA] (7/22/2003) Cosponsors: Murray (WA), Inouye (HI) Latest Major Action: 7/22/2003 Referred to Senate committee. Status: Read twice and referred to the Committee on Indian Affairs.

STILL PENDING: S.1529 Indian Gaming Regulatory Act Amendments of 2003. A bill to amend the IGRA to reduce/eliminate Indian gaming contributions or revenue sharing to states." In general...nothing in this section confers on a State or political subdivision of a State authority to impose any tax, fee, charge, or other assessment on any Indian tribe authorized to engage in a class III activity. The Secretary may not approve any Tribal-State compact or other agreement that includes an apportionment of net revenues with a state or local government.

STILL PENDING: S.1542 Tribal Economic Enhancement Act of 2003. A bill to amend the Internal Revenue Code of 1986 to allow tax exemption for interest from tribal bonds; exemption of Indian tribes from volume cap limits of private activity bonds; modifications of authority of Indian tribal governments to issue tax-exempt bonds; Native American set-aside for new markets tax credit.
EPA’s Unilaterally Adopted “Treatment Similar To States” Policy” (TSTS): A Federal Agency Abusing Its Non-Delegable Powers. Congress has delegated authority to implement federal programs under the Clean Air Act (CAA), Clean Water Act (CWA) , and Safe Drinking Water Act (SDWA). However, Congress has not delegated, and may not, delegate, its plenary powers or jurisdictional powers to a federal agency (per Michigan v. EPA, U.S. Court of Appeals D.C., Oct. 30, 2001, No. 99-1151). EPA tribal programs promulgating "Treatment Similar To States" (CWA Sec. 518, CAA Sec. 301, SDWA Sec. 1451) are systematically removing state jurisdictional authority over American citizens, our privately owned properties, and thousands of businesses located within Indian Country or fifty miles distant. EPA's TSTS policy threatens businesses and the jobs they create, and fails to inform impacted local governments and citizens who are suddenly confronted with a "tribal" authority, claiming jurisdiction over air, water, and pesticides use. ONE NATION is actively lobbying against TSTS to Executive Branch, Dept. of Justice, Dept. of Interior, and the EPA.

PASSED: “Indian Energy Act” We recognize and support tribal involvement in energy resource production. But warn of the immediate risk of dismantling existing and future public utility distribution systems by changing their character from public to private (tribal) systems, unaccountable to state/local governments. Federal Indian Energy Act legislation that subsidizes acquisition and operation of public utility systems by tribal governments, will subject millions of American citizens to life-giving basic utilities controlled by private (tribal) governments who have no stake in the well being of citizens who are not enrolled tribal members. We should instead retain public, democratically accountable ownership of America's energy distribution systems. We need to lobby President Bush to veto this section.

PASSED: Campaign Finance Reform: We believe that intentional omission of Indian tribes in recently enacted McCain-Feingold Campaign Finance Reform legislation has opened the door to unprecedented political influence for Indian tribes, now manifested in tribal legislative proposals to remove traditional representative government from millions of U.S. citizens and increasing distortion of the free enterprise marketplace across America. Exploding Indian casino revenue, instead of uplifting the quality of life of tribal members, is financially overwhelming both political parties, our state and federal legislatures, and funding the cancerous growth of tribal business monopolies. We need to pass legislation to correct this egregious “tribal loophole” problem.

ONE NATION SUPPORTS:

PASSED IN SENATE ONLY: S.1177 Internet Tobacco Sales Enforcement Act. A bill to prevent interstate trafficking of cigarettes, and to ensure the collection of all state and local taxes, and in which the definition of “person” is expanded to include tribal governments and Indian retailers. Indian tribes run most of the more than 400 websites illegally selling tax-free tobacco products. This bill was approved by unanimous consent in the U.S. Senate. Even though a provision was removed which would have allowed states to sue tribes or tribal businesses that sell tax-free cigarettes, the tribes believe this bill intrudes on their sovereignty because it allows states and local governments to create lists of “compliant” and “non-compliant” businesses and will make it much harder to operate tax-free websites. House companion bill (H.R.2824) is called The Green-Meehan Bill. H.R.2824 still contains language allowing tribes to be sued for non-compliance. It was approved on Oct. 26th by a subcommittee of the House Judiciary Committee. It will be considered for vote by full Judiciary Committee after Congress reconvenes in January.

STILL PENDING: S.561 State Water Sovereignty Protection Act. A bill to preserve the authority of states over water within their boundaries, to delegate to states the authority of Congress to regulate water, and allows the United States to exercise management and control of water in a state only in compliance with that state's laws.