[Senate Report 114-139]
[From the U.S. Government Publishing Office]
Calendar No. 219
114th Congress } { Report
SENATE
1st Session } { 114-139
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TO EXTEND THE FEDERAL RECOGNITION TO THE LITTLE SHELL TRIBE OF CHIPPEWA
INDIANS OF MONTANA, AND FOR OTHER PURPOSES
_______
September 10, 2015.--Ordered to be printed
_______
Mr. Barrasso, from the Committee on Indian Affairs,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany S. 35]
The Committee on Indian Affairs, to which was referred the
bill (S. 35) to extend the Federal recognition to the Little
Shell Tribe of Chippewa Indians of Montana, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
PURPOSE
The purposes of S. 35 are (1) to extend Federal recognition
to the Little Shell Tribe of Chippewa Indians of Montana
(Little Shell), making its members eligible for all services
and benefits provided by the United States to other federally
recognized Indian tribes; and (2) to effect the transfer of 200
acres of land, which the Secretary of the Interior (Secretary)
shall acquire and place in trust for the benefit of Little
Shell.
BACKGROUND
History of federally recognizing Indian tribes
The act of federally recognizing an Indian tribe is highly
significant. It is an affirmation by the United States of the
existence of a formal government-to-government relationship
between the United States and the tribe. Once federally
recognized, a tribe and its members have access to Federal
benefits and programs, and the tribal government incurs a
formal responsibility to its members as the primary governing
body of the community.
Before Congress ended the practice of treaty-making with
Indian tribes in 1871, treaties were the usual manner of
recognizing a government-to-government relationship between the
United States and an Indian tribe. Since the conclusion of this
practice, the United States has recognized Indian tribes by
legislation, executive orders, and administrative decisions.
Additionally, Federal courts may clarify the status of an
Indian group.
In order to provide a uniform and consistent process by
which an Indian tribe may be federally recognized, the
Department of the Interior (Department) developed an
administrative process in 1978 to allow Indian groups to
petition for formal acknowledgment of a government-to-
government relationship with the United States. Standards and
procedures for this process were set forth in Part 83 of Title
25 of the Code of Federal Regulations (Part 83 or the Federal
acknowledgement process). These regulations, as amended in
1994, required a petitioner to satisfy seven mandatory
requirements, including:
(1) The petitioner ``has been identified as an
American Indian entity on a substantially continuous
basis since 1900'';
(2) A predominant portion of the petitioning ``group
comprises a distinct community and has existed as a
community from historical times until the present'';
(3) The petitioner has ``maintained political
influence or authority over its members as an
autonomous entity from historical times to the
present'';
(4) The group must ``provide a copy of its present
governing documents and membership criteria'';
(5) The petitioner's ``membership consists of
individuals who descend from a historical Indian tribe
or from historical Indian tribes which combined and
functioned as a single autonomous political entity'';
(6) The ``membership of the petitioning group is
composed principally of persons who are not members of
any acknowledged North American Indian tribe'' and do
not maintain a bilateral political relationship with
the acknowledge tribe; and
(7) ``Neither the petitioner nor its members are the
subject of congressional legislation that has expressly
terminated or forbidden the Federal relationship''.\1\
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\1\See 59 Fed. Reg. 94-3934. (February 25, 1994).
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The Department issued new Part 83 regulations on July 1,
2015.\2\
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\2\80 Fed. Reg. 37861 (July 1, 2015).
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History of changes made to the department's Part 83 regulations
The Federal acknowledgement process has been criticized as
``broken'' for decades.\3\ Nonetheless, until the Department's
recent effort to reform Part 83 (discussed below), there have
been only a handful of changes made to the Federal
acknowledgement process since its inception.\4\
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\3\See 80 Fed. Reg. 37862.
\4\Examples of changes made to the process prior to recent reform
efforts include regulations clarifying the evidence needed to support a
recognition petition, 59 Fed. Reg. 94-3934 (February 25, 1994); a
notice regarding internal BIA processing of federal acknowledgment
petitions, 65 Fed. Reg. 7052-53 (February 11, 2000); and a notice
providing guidance and direction to streamline the process, 73 Fed.
Reg. 30146 (May 23, 2008).
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Complaints about the Department's Federal acknowledgement
process have centered primarily on the high cost of gathering
documentary evidence to meet the seven mandatory criteria, the
length of time it takes the Department to review a petition,
and the Department's inconsistent application of the listed
criteria.\5\ Of the 567 tribes that have been federally
recognized, only 18 have been acknowledged through the Part 83
process.
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\5\See 80 Fed. Reg. 37861 (July 1, 2015).
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Since 1970, Congress has passed legislation to federally
recognize or reaffirm 17 Indian tribes.\6\ To date, the
Department has issued 50 decisions under the Part 83 process,
including one decision issued after new Part 83 regulations
were published in July 2015.\7\
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\6\See Tonto Apache Tribe of Arizona, Pub. L. 92-470 (1972); Modoc
Tribe of Oklahoma, Pub. L. 95-281 (1978); Pasqua Yaqui Tribe of
Arizona, Pub. L. 95-375 (1978); Houlton Band of Maliseet Indians of
Maine, Pub. L. 96-420 (1980); Cow Creek Band of Umpqua Indians of
Oregon, Pub. L. 97-391; Kickapoo Traditional Tribe of Texas, Pub. L.
97-429 (1983); Mashantucket Pequot Tribe of Connecticut, Pub. L. 98-134
(1983); Ysleta Del Sur Pueblo of Texas, Pub. L. 100-89 (1987); Lac
Vieux Desert Band of Lake Superior Chippewa Indians of Michigan, Pub.
L. 100-420 (1988); Coquille Tribe of Oregon, Pub. L. 101-42 (1989);
Aroostook Band of Micmac Indians of Maine, Pub. L. 102-171 (1991);
Pokagon Band of Potawatomi Indians of Michigan, Pub. L. 103-323 (1994);
Little River Band of Ottawa Indians of Michigan, Pub. L. 103-324
(1994); Little Traverse Band of Odawa Indians of Michigan, Pub. L. 103-
324 (1994); Central Council of the Tlingit & Haida Indian Tribes of
Alaska, Pub. L. 103-454 (1994); Graton Rancheria of California, Pub. L.
106-568 (2000); and Loyal Shawnee Tribe of Oklahoma, Pub. L. 106-568
(2000).
\7\The Department of the Interior issued a final determination
recognizing the Pamunkey Indian Tribe, see 80 Fed. Reg. 39144 (July 2,
2015).
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Recent developments
On June 21, 2013, the Assistant Secretary--Indian Affairs
(AS-IA) released a Discussion Draft proposing changes to Part
83. The related comment period closed on September 30, 2013. On
May 29, 2014, the AS-IA published a Proposed Rule in the
Federal Register. The Department received substantial input
from tribes, state and local governments, and the public,
during the associated comment period, which closed on September
30, 2014.\8\
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\8\See U.S. Department of the Interior, News Release, Department of
the Interior Announces Final Federal Recognition Process to Acknowledge
Indian Tribes (June 29, 2015) (stating that more than 2,800 commenters
provided input on the Discuss Draft, and that there were over 330
unique comments on the Proposed Rule). The Department also received
feedback from tribes during consultations and public meetings. Id.
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Ultimately, the Department published a Final Rule on July
1, 2015, which took effect on July 31, 2015.\9\ Assistant
Secretary Washburn also issued a policy statement indicating
that the Department will rely on the new Part 83 process as the
``sole administrative avenue'' for Federal acknowledgement for
tribes.\10\
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\9\80 Fed. Reg. 37861 (July 1, 2015).
\10\80 Fed. Reg. 37538-39. (July 1, 2015).
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According to the Department, the Final Rule preserves the
existing standard of proof and seven mandatory criteria to
``maintain the substantive rigor and integrity of the Part 83
process.''\11\ In order to promote timeliness and efficiency,
the Final Rule provides for a two-phased review of petitions
that establishes certain threshold criteria and may result in
the earlier issuance of final decisions, as well as a uniform
evaluation period (1900 to present) to satisfy the tribal
identification, community and political authority criteria.\12\
The Final Rule is intended to promote efficiency by providing
for limited reconsideration of final agency determinations.\13\
The Department states that the Final Rule promotes fairness and
consistency by providing that prior decisions finding evidence
or methodology sufficient to satisfy any particular criterion
will also be sufficient for a petitioner under the new Part 83
process.\14\ It also states that the Final Rule promotes
transparency by providing for increased public access to
petitions for Federal acknowledgement and associated public
materials and, in the case of a negative proposed finding,
providing petitioners the opportunity for a hearing.\15\
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\11\80 Fed. Reg. 37861 (July 1, 2015).
\12\Id.
\13\Id.
\14\Id.
\15\Id.
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Indian tribes that applied for federal acknowledgment prior
to publication of the Final Rule on July 1, 2015, are allowed
to choose to have the Department evaluate their application
under the previous application process or the new application
process.\16\
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\16\80 Fed. Reg. 37861 (July 1, 2015).
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Since the Final Rule was published, one Indian tribe has
been federally recognized.\17\
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\17\The Department of the Interior issued a final determination
recognizing the Pamunkey Indian Tribe on July 2, 2015. See 80 Fed. Reg.
39144.
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History of Little Shell
The Little Shell has used historical ties to the Pembina
Band of Chippewa Indians in North Dakota for the Department to
consider to satisfy criteria five.\18\ The Pembina Band was
included in the Chippewa-Red Lake and Pembina Bands treaty with
the United States in an 1863 treaty that was ratified by the
Senate.\19\ Many of the members of the Pembina Band settled on
reservations in Minnesota, but the ancestors of the Little
Shell moved westward, following the buffalo herds. By the late
1800s, the Little Shell had settled in Montana and in the
Turtle Mountains of North Dakota.\20\
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\18\S. 546, Little Shell Tribe of Chippewa Indians Restoration Act
of 2011, 112th Cong. Sec. 2(1) (2011).
\19\Treaty of October 2, 1863, 13 Stat. 667.
\20\Hearing on Fixing the Federal Acknowledgement Process Before
the S. Comm. on Indian Affairs, 111th Cong. 2-3 (2009) (written
testimony of John Sinclair, President of the Little Shell Tribe of
Chippewa Indians of Montana).
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The Little Shell Band has had numerous dealings with the
United States. In 1892, a United States Commission was formed
to negotiate cession of land from the Turtle Mountain Chippewa
and provide for their removal. Chief Little Shell and his
followers refused to accept the terms of the agreement and
walked out on the negotiations. He was followed by a group of
supporters who would become known as the ``Little Shell
Band''.\21\
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\21\Oversight Hearing on Fixing the Federal Acknowledgement Process
Before the S. Comm. on Indian Affairs, 111th Cong. 2-3 (2009) (written
testimony of John Sinclair, President of the Little Shell Tribe of
Chippewa Indians of Montana).
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Chief Little Shell and the Little Shell Band's refusal to
cede additional lands to the United States left them without a
reservation.\22\ Congress appropriated funds in 1908, and from
1914 through 1925, to establish a land base for the ``homeless
Indians in the State of Montana.''\23\
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\22\Id.
\23\Legislative Hearing on S. 724, the Little Shell Tribe of
Chippewa Indians Restoration Act of 2007. Before the Senate Comm. on
Indian Affairs. 110th Congress. 2, 1 (2008) (statement of the Hon. John
Sinclair, Little Shell Tribe of Chippewa Indians of Montana, President)
and 41 Stat. 1225 (March 3, 1925).
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In 1935, following the enactment of the Indian
Reorganization Act (IRA),\24\ the BIA attempted to help the
Little Shell Tribe form a government and reestablish a
relationship with the United States. The Little Shell was
ultimately unable to formally organize under the IRA because
they lacked a land base.\25\
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\24\25 U.S.C. 479.
\25\See S. 546, Little Shell Tribe of Chippewa Indians Restoration
Act of 2011, 112th Cong. Sec. 2 (7) (2011).
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The Little Shell continued its effort to obtain Federal
recognition through the Department's Federal acknowledgment
process. In 1978, the year this process was created, Little
Shell filed a letter of intent to petition for Federal
acknowledgment. Little Shell spent approximately 14 years
documenting their petition for acknowledgment, and ultimately
submitted a petition in 1992.\26\
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\26\Id.
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In 1995, the BIA declared the Little Shell's petition was
complete.\27\ In 2000, the BIA issued a positive proposed
finding on the petition, stating that Little Shell had met all
seven mandatory criteria for Federal acknowledgment.\28\
However, the BIA Office of Federal Acknowledgement requested
additional information from the Tribe. In response, Little
Shell provided nearly 1,000 pages of additional material.\29\
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\27\Legislative Hearing on S. 1132, the Lumbee Recognition Act; S.
161, the Little Shell Tribe of Chippewa Indians Restoration Act of
2013; and S. 1074, Thomasina E. Jordan Indian Tribes of Virginia
Federal Recognition Act of 2013, Before the S. Comm. On Indian Affairs
(2013) (statement of the Assistant Secretary for Indian Affairs, U.S.
Department of the Interior).
\28\65 Fed. Reg. 45394 (July 21, 2000).
\29\Legislative Hearing on S. 1132, the Lumbee Recognition Act; S.
161, the Little Shell Tribe of Chippewa Indians Restoration Act of
2013; and S. 1074, Thomasina E. Jordan Indian Tribes of Virginia
Federal Recognition Act of 2013, Before the S. Comm. On Indian Affairs
(2013) (statement of the Assistant Secretary for Indian Affairs, U.S.
Department of the Interior).
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In 2009, the Department issued a final determination
against federally acknowledging Little Shell.\30\ The
Department's final determination stated that Little Shell met
only four of the seven mandatory criteria for Federal
acknowledgment.\31\ Little Shell appealed the negative final
determination to the Interior Board of Indian Appeals.\32\
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\30\74 Fed Reg. 56861 (November 3, 2009). Legislative Hearing on S.
636, A bill to provide the Quileute Indian Tribe Tsunami and Flood
Protection, and for other purposes; S. 703, the Helping Expedite and
Advance Responsible Tribal Homeownership Act of 2011; and S. 546, the
Little Shell Band of Chippewa Indians Restoration Act of 2011, Before
the S. Comm. On Indian Affairs, 112th Cong. 1, 20-24 (2011) (statement
of Hon. John Sinclair, Little Shell Tribe of Chippewa Indians of
Montana, President).
\31\Legislative Hearing onS.1132, the Lumbee Recognition Act; S.
161, the Little Shell Tribe of Chippewa Indians Restoration Act of
2013; and S. 1074, Thomasina E. Jordan Indian Tribes of Virginia
Federal Recognition Act of 2013, Before the S. Comm. On Indian Affairs.
(2013) (statement of Assistant Secretary for Indian Affairs, United
States Department of the Interior).
\32\Id.
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In 2013, the Secretary referred Little Shell's petition to
the AS IA for reconsideration. The Little Shell petition was
placed on hold.
LEGISLATIVE HISTORY
Montana Senators Jon Tester [D-MT] and Max Baucus [D-MT]
introduced legislation to federally recognize Little Shell in
the 110th Congress (S. 724), the 111th Congress (S. 1936), the
112th Congress (S. 546), and the 113th Congress (S. 161).
During the 110th Congress, and again in the 112th and 113th
Congresses, the Committee on Indian Affairs held hearings on
the legislation. At that time, Little Shell's petition for
recognition was on active consideration, and the Administration
testified in support of the Part 83 process.\33\ The Committee
favorably reported out bills to recognize Little Shell in both
the 112th and 113th Congresses.
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\33\Legislative Hearing on S. 724, Little Shell Tribe of Chippewa
Indians Restoration Act of 2007; S. 514, Muskogee Nation of Florida
Federal Recognition Act; S. 1058, Grand River Bands of Ottawa Indians
of Michigan Referral Act; and H.R. 1294, Thomasina E. Jordan Indian
Tribes of Virginia Federal Recognition Act of 2007. Before the S. Comm.
On Indian Affairs. 110th Cong. 2, 1 (2008) (statement of Director, R.
Lee Fleming, Office of Federal Acknowledgment, US Department of the
Interior).
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In the 114th Congress, on January 6, 2015, Senators Jon
Tester [D-MT] and Steve Daines [R-MT] introduced S. 35 to
federally recognize Little Shell. The bill was referred to the
Committee on Indian Affairs, which considered the bill at a
March 18, 2015 business meeting. During this business meeting,
the Committee favorably reported S. 35 to the full Senate by
voice vote, without amendment. Chairman Barrasso recorded a
vote opposing the measure.
A companion bill, H.R. 286, was introduced in the House on
January 12, 2015, by Congressman Ryan Zinke [R-MT]. H.R. 286
was referred to the Subcommittee on Indian, Insular, and Alaska
Native Affairs on March 2, 2015.
SECTION-BY-SECTION ANALYSIS
Section 1--Short title
This section states that the short title of the bill is the
``Little Shell Tribe of Chippewa Indians Restoration Act of
2015''.
Section 2--Findings
This section lists Congressional findings.
Section 3--Definitions
This section defines terms used throughout the Act.
Section 4--Federal recognition
This section formally extends Federal recognition to Little
Shell, making all federal laws and regulations of general
applicability to Indians and Indian tribes, including the IRA,
applicable to Little Shell and its members.
Section 5--Federal services and benefits
This section states that, beginning on the date of
enactment of this Act, the Little Shell and each member shall
be eligible for all services and benefits provided by the
United States to Indians and federally recognized Indian
tribes, without regard to either the existence of a reservation
for the tribe or the location of the residence of any member on
or near an Indian reservation. This section also establishes
Little Shell's service area for service delivery and benefits
purposes as Blaine, Cascade, Glacier, and Hill Counties in the
State of Montana.
Section 6--Reaffirmation of rights
This section makes clear that nothing in this Act
diminishes any right or privilege of Little Shell, or members
of Little Shell, that existed prior to the date of enactment.
The section further states that any legal or equitable claims
to enforce rights or privileges reserved by or granted to
Little Shell that were wrongfully denied or taken before
enactment of this Act are preserved.
Section 7--Membership roll
This section mandates, as a condition of receiving
recognition, services, and benefits pursuant to this Act, that
Little Shell submit to the Secretary a membership roll within
18 months of enactment of this Act, and maintain such roll.
This section also requires that tribal membership be determined
in accordance with Little Shell's constitution dated September
10, 1977.
Section 8--Transfer of land
This section directs the Secretary to acquire trust title
to 200 acres of land within the service area of the Tribe. This
section also states that the Secretary may acquire additional
land for the benefit of the Tribe, in accordance with the IRA.
COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, dated March 25, 2015, was prepared
for S. 35.
S. 35--Little Shell Tribe of Chippewa Indians Restoration Act of 2015
Summary: S. 35 would provide federal recognition to the
Little Shell Tribe of Chippewa Indians of Montana. Federal
recognition would make the tribe eligible to receive benefits
from various federal programs.
CBO estimates that implementing this legislation would cost
$40 million over the 2016-2020 period, assuming appropriation
of the necessary funds. Enacting S. 35 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
S. 35 would impose an intergovernmental mandate as defined
in the Unfunded Mandates Reform Act (UMRA) by exempting some
lands from taxation by state and local governments, but CBO
expects the cost of that mandate would be small and well below
the threshold established in that act ($77 million in 2015,
adjusted annually for inflation).
S. 35 contains no private-sector mandates as defined in
UMRA.
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 35 is shown in the following table. The
costs of this legislation fall within budget functions 450
(community and regional development) and 550 (health).
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By fiscal year, in millions of dollars--
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2016 2017 2018 2019 2020 2016-2020
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Department of the Interior
Estimated Authorization Level............................ 3 3 3 3 3 15
Estimated Outlays........................................ 2 3 3 3 3 15
Indian Health Service
Estimated Authorization Level............................ 5 5 5 5 6 26
Estimated Outlays........................................ 4 5 5 5 6 25
Total Changes
Estimated Authorization Level........................ 8 8 8 8 9 41
Estimated Outlays.................................... 7 8 8 8 9 40
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Note: Components may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that S.
35 will be enacted near the end of 2015 and that the amounts
necessary to implement the bill will be appropriated for each
year.
The bill would provide federal recognition to the Little
Shell Tribe of Chippewa Indians of Montana. Such recognition
would allow the tribe and about 2,400 tribal members to receive
benefits from various programs administered by the Department
of the Interior (DOI) and the Indian Health Service (IHS).
Based on the average per capita expenditures by those agencies
for other Indian tribes, CBO estimates that implementing S.35
would cost $40 million over the 2016-2020 period, assuming
appropriation of the necessary funds.
Department of the Interior
DOI, primarily through the Bureau of Indian Affairs (BIA),
provides funding to federally recognized tribes for various
purposes, including child welfare services, adult care,
community development, and general assistance. In total, CBO
estimates that providing those services to the tribe would cost
$15 million over the 2016-2020 period, assuming appropriation
of the necessary funds and adjusting for anticipated inflation.
This estimate is based on current per capita expenditures of
around $1,200 for other federally recognized tribes located in
the central states.
Indian Health Service
S. 35 also would make members of the tribe eligible to
receive health benefits from the IHS. Based on information from
the IHS, CBO estimates that about 55 percent of tribal
members--or about 1,350 people--would receive benefits each
year. CBO assumes that the cost to serve those individuals
would be similar to funding for current IHS beneficiaries--
about $3,300 per individual in 2015. Assuming appropriation of
the necessary funds and adjusting for anticipated inflation,
CBO estimates that IHS benefits for tribal members would cost
$25 million over the 2016-2020 period.
Other Federal agencies
In addition to DOI and IHS funding, certain Indian tribes
also receive support from other federal programs within the
Departments of Education, Housing and Urban Development, Labor,
and Agriculture. Based on their status as a tribe recognized by
the state of Montana, the tribe is already eligible to receive
funding from those departments. Thus, CBO estimates that
implementing S. 35 would not increase the costs of that
support.
Pay-As-You Go considerations: None.
Estimated impact on state, local, and tribal governments:
S. 35 contains an intergovernmental mandate as defined in UMRA
because it would authorize the Secretary of the Interior to
acquire and take into trust 200 acres of land for the tribe.
Because that land would be exempt from state and local taxes,
the provision would impose an intergovernmental mandate. Given
the small amount of land to be taken into trust, CBO estimates
that the forgone tax revenue to the State of Montana and local
governments would be small and well below the threshold
established for intergovernmental mandates ($77 million in
2015, adjusted annually for inflation).
Estimated impact on the private sector: S. 35 contains no
private-sector mandates as defined in UMRA.
Estimate prepared by: Federal costs: Martin von Gnechten--
Bureau of Indian Affairs, Robert Stewart--Indian Health
Service; Impact on State, local, and Tribal Governments:
Melissa Merrell; Impact on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 35 will
have a minimal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 35.
ADDITIONAL VIEWS OF CHAIRMAN BARRASSO
The decision to federally recognize an Indian tribe is
extremely important, with far-reaching implications for the
group seeking recognition and its members, other Indian tribes,
and the United States government. To maintain the import and
integrity of this unique status, related decision-making should
be as fair and transparent as possible. In my view, this is
best achieved through careful and consistent analysis by
technical experts with specialized training--historians,
anthropologists, genealogists, and other professionals,
applying regulations that have been developed for this very
purpose.
This Committee has held numerous hearings on the Federal
acknowledgment process. Testimony from these hearings makes
clear that, prior to recent revisions to Part 83 regulations,
the Federal acknowledgment process was protracted, inefficient,
costly, and unpredictable.
To be sure, the Part 83 process has been flawed for some
time, and some groups have suffered immensely as a result. With
this in mind, it is easy to understand why some groups might
try to avoid the administrative process by seeking recognition
through the Congress. Nonetheless, in my view, the best way to
address flaws in the Part 83 process--the solution that is most
practical, most transparent, and would allow for thorough and
fair analysis of every Federal acknowledgement petition--is to
improve the Part 83 process.
I have long supported the consistent application of an
improved administrative process for Federal recognition
decisions. Unfortunately, this bill represents a step in the
opposite direction.
The Department has acknowledged the need to improve the
Federal acknowledgment process, and I am hopeful that recent
changes to Part 83 regulations will address the recurring
concerns highlighted above.
CHANGES IN EXISTING LAW
In accordance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, the Committee finds that the
enactment of S. 35 will not make any changes in existing law.
[all]