From education and housing assistance, to jobs and water rights, to “Save Oak Flats” and “Safeguard Objects of Traditional Patrimony” — there’s news here.
Education
S.458 – The NEST Act re-introduced by Sen. Tester (MT) in February would authorize scholarships and student loan forgiveness for students/teachers who commit to teach in Indian schools, including early childhood programs and preschools (due to an amendment offered by Sen. Udall (NM)). It would also provide grants for teacher training and professional development in education that meets the needs of Native students.
The bill has received a “score” from the Congressional Budget Office, which advises Congress on the financial impact of legislation. The cost would be $245 million over 5 years, or $49 million per year. Within the typical budgets of Indian programs, that amount appears to be a princely sum, and could prevent its further progress toward a Senate vote unless an “offset” can be identified. But compared to other proposed spending, it is a truly modest investment. The wall proposed between the United States and Mexico, for example, would cost between $15 and $25 billion. Reduce the length of the 653 mile wall by 7 miles, and the entire education program could be funded. Reduce its height from 40 feet to 30 feet, and there would be billions left over to fund other unmet federal trust obligations.
Wage Subsidies
Rep. Curbelo (FL) introduced H.R. 2842 to provide grants to states to support wage subsidies (up to one half of an hourly wage) for eligible unemployed people who receive public support through Temporary Assistance for Needy Families or a similar program. When the bill was being considered by the Ways and Means Committee, Rep. Kilmer (WA) proposed additional language that would require an assessment of employment prospects in Indian country and other rural areas.
Housing
The Native American Housing Assistance and Self Determination Act was scheduled to be reauthorized in 2013, but it has not been able to complete the Congressional process. Until now, this fact has not prevented Indian housing assistance programs from being funded year to year. But the new Administration decided to zero out the funding of programs that lack a Congressional authorization, and applied this rule to Indian housing.
The Senate Committee on Indian Affairs discussed a new re-authorization bill on June 13, but stumbled on a familiar snag. One of the most contentious issues in the last few years has been the inclusion or non-inclusion of housing assistance for Native Hawaiians. Although Native Hawaiian programs were not included in the original bill in 1996, they were added by amendment in 2000, when the Senate Committee on Indian Affairs was led by Sen. Inouye (HI). When the bill, including the Native Hawaiian programs, was proposed for reauthorization in 2013, their inclusion prompted some senators to put a “hold” on the bill and prevent its progress on the Senate floor. This time, Senator Hoeven (ND), committee chair, presented a bill that included only the non-controversial items, whereupon Senator Schatz (HI) promised to impede the bill’s progress if it did not include assistance for Native Hawaiians. The typically congenial committee is left with a conundrum for now.
Water Rights Settlements
Among the indigenous rights retained by Native people is the right to hunting and fishing in traditional tribal areas. In many areas, these rights have been limited and frustrated by the creation of dams that flood Native communities and interfere with the migration of fish, such as salmon. In addition, many waterways are toxic due to industrial pollution, making fish and other wildlife along the rivers unavailable as food sources.
On June 27, the full Committee on Natural Resources considered the Water Rights Protection Act of 2017 (H.R. 2939), which would prohibit the Departments of Agriculture and the Interior from placing any conditions or limitations on leases or other use agreements that transfer any water rights. At present, 29 tribes are in negotiations water rights settlements, according to Rep. Norma Torres (CA), ranking member of the Subcommittee on Indian, Insular and Alaska Native Affairs. She offered an amendment to protect the future rights of at least those 29 tribes, but the amendment was rejected and the bill was approved.
Abandoned Mines
The House Natural Resources Committee also approved H.R. 1731, proposed by Rep. Harold Rogers (KY), to provide funds to states and Indian tribes to support economic development in distressed communities, by reclaiming and restoring land and water resources damaged by coal mining carried out before August 3, 1977. The bill, called “Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More Act of 2017” or the “RECLAIM Act of 2017,” would amend the Surface Mining Control and Reclamation Act of 1977.
“Save Oak Flat Act” Reintroduced
Three years ago, Sen. McCain was successful in inserting a last-minute amendment in the FY 2015 National Defense Authorization Act, permitting a land exchange with the Resolution Copper Mining Company for some federal lands in Southeast Arizona. The San Carlos Apache Tribe, joined by 12 other tribes in Arizona, had strongly opposed the exchange because of the destruction it would cause on traditional cultural sites in the area known as Oak Flat. The bill had been prevented from coming to a vote on the House floor five times, and had never been presented for a floor vote in the Senate.
Rep. Grijalva (AZ) has twice introduced legislation to repeal this non-germane provision in the National Defense Authorization Act. Last week, Rep. Grijalva and Sen. Sanders (VT) and others again introduced a bill to repeal the provision - H.R. 2915 and S. 1375.
Protection of Cultural Objects
Sen. Heinrich, joined by Sen. Udall and six others has reintroduced the “Safeguard Objects of Traditional Patrimony” or “STOP” Act to increase penalties for illegal taking and sale of cultural objects as S. 1400. This bill was also introduced last year; what passed in the last Congress was a resolution (H. Con. Res. 122) calling on federal, tribal, state, and local agencies to coordinate their efforts to prevent these crimes.
