Native American Legislative Update

This summer, the Department of Justice’s Environment and Natural Resources Division, the Office of Environmental Justice, and the Office of Tribal Justice held a regional summit for tribal leaders in Spokane, WA. These gatherings aim to fulfill the commitment outlined in the department’s Comprehensive Environmental Justice Enforcement Strategy.

On June 28, the commission created under the Not Invisible Act of 2019 held a hearing in Albuquerque, NM, to receive testimony on the ongoing crisis of Missing and Murdered Indigenous Persons (MMIP).

In a 7-2 decision, the U.S. Supreme Court delivered a significant victory for Native American rights when it upheld critical provisions of the Indian Child Welfare Act (ICWA). Congress enacted ICWA 45 years ago to rectify decades of government-enforced removal of Native children from their families in a deliberate effort to erase their cultural identity and tribal citizenship. FCNL helped draft and advocate for the passage of ICWA in 1978.

On May 18, Sens. Elizabeth Warren (MA), Lisa Murkowski (AK), and others re-introduced a bipartisan bill to establish the Truth and Healing Commission on Indian Boarding School Policies in the United States to the Senate (S. 1723).

For lawmakers on Capitol Hill, the spring session is focused heavily on the president’s budget request for the upcoming fiscal year.

On March 20, the Supreme Court heard oral arguments in Arizona v. Navajo Nation, a water and treaty rights dispute over the Colorado River. More than 20 years of drought have left the Southwest in a water crisis. This includes the Navajo Nation, where 30% of citizens have no running water.

On Feb. 21, National Congress of American Indians (NCAI) President Fawn Sharp delivered the annual State of Indian Nations Address at the 2023 NCAI Executive Council winter session.

At the end of December, President Joe Biden signed a $1.7 trillion spending package to fund the federal government through Sept. 30, 2023. Included in the package was a historic win for Indian Country: For the first time, the Indian Health Service (IHS) received funding for more than one year, also referred to as advance appropriations.

On Dec. 7, the House Natural Resources Committee (HNRC) filed several committee reports on key bills, including the Save Oak Flat Act (H.R. 1884), the Advancing Equality for Wabanaki Nations Act (H.R. 6707), and the Truth and Healing Commission on Indian Boarding School Policies Act (H.R. 5444).

Tribal leaders joined Energy Secretary Jennifer Granholm and Office of Indian Energy Director Wahleah Johns for a nation-to-nation summit on Oct. 4 and 4. They discussed how tribes can harness clean energy to enhance sovereignty, address climate resilience, and build stronger economies.