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Legislative Developments
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Legislative Developments
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The original documents are located in Box 3, folder "Legislative Developments" of the
Bradley H. Patterson Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 3 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library
94TH CONGRESS
2D SESSION
H. R. 12237
IN THE HOUSE OF REPRESENTATIVES
MARCH 2, 1976
Mr. ABDNOR introduced the following bill; which was referred to the Com-
mittee on Education and Labor
A
BILL
To amend the Act entitled "An Act authorizing the Secretary of
the Interior to arrange with States or territories for the
education, medical attention, relief of distress, and social
welfare of Indians, and for other purposes", approved
April 16, 1934 (48 Stat. 596; 25 U.S.C. 452 et seq.).
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That the Act entitled "An Act authorizing the Secretary of
4 the Interior to arrange with States or territories for the
5 education, medical attention, relief of distress, and socials
FORD & LIBRARY
6 welfare of Indians, and for other purposes", approved
7 April 16, 1934 (48 Stat. 596; 25 U.S.C. 452 et seq.) is
8 amended by adding at the end thereof the following new
9 section:
I
2
3
1
"SEC. 7. (a) Notwithstanding the provisions of section
1 tract, and the Secretary of the Interior may revoke any
2 4, the Secretary of the Interior shall enter into contracts to
2 such contract if the contractor has failed to permit such a
3 provide money to meet the general operating costs of public
3 local committee to carry out its functions under this sub-
4 elementary and secondary schools which are located on or
4 section.
5 near Indian reservations and which are educating Indian
5
" (d) There are authorized to be appropriated for any
6 children, and, for purposes of determining whether any such
6 fiscal year such sums as may be necessary to carry out the
7 school is eligible as a contractor or a beneficiary of such a
7 provisions of this section.'
8 contract, the Secretary of the Interior shall not impose as a
9 requirement for such eligibility a requirement that a number
10 of Indian children in excess of 15 per centum of the total
11 enrollment of such school shall be enrolled at such school.
12
" (b) The Secretary of the Interior shall enter into
13 contracts under subsection (a) SO that each school which is
14 eligible to receive money under such subsection shall receive,
15 for any fiscal year, an amount equal to the amount needed
16 by such school in order to provide education of good quality
17 to children in such school, taking into account the special
18 costs, such as transportation and curriculum costs, associated
19 with educating Indian children, and the extent of revenue
20 available to such school from sources other than this Act,
21 including State, local, and other Federal sources.
22
" (c) The provisions of section 5 shall apply with respect
23 to a contract entered into under subsection (a) except that a
24 local committee under such section 5 shall not have the au-
25 thority to approve or disapprove programs under such con-
94TH CONGRESS
2D SESSION
H. R. 12237
A BILL
To amend the Act entitled "An Act authorizing
the Secretary of the Interior to arrange with
States or territories for the education, medi-
cal attention, relief of distress, and social
welfare of Indians, and for other purposes",
approved April 16, 1934 (48 Stat. 596; 25
U.S.C. 452 et seq.).
By Mr. ABDNOR
MARCH 2, 1976
Referred to the Committee on Education and Labor
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
Bureau of Indian Affairs
Legislative Report
94th Congress - 2nd Session
Ending April 14
1976
Mar 25
The Senate Appropriations Committee's Subcommittee on Interior and
Related agencies resumed hearings on the Indian Claims Commission.
The Senate Banking, Housing and Urban Affairs Committee's Subcammittee
on Housing and Urban Affairs continued hearings on legislation affect-
ing housing programs (S. 2768, etc.) receiving testimony from the
National Association of Housing and Redevelopment officials; Ad Hoc
Coalition for Elderly Housing; Massachusetts Union of Public Housing
Tenants; National Housing Conference; and the Ad Hoc Low Income Housing
Coalition.
The House Ways and Means Committee's Subcommittees on Public Assistance
and Unemployment Compensation concluded joint hearings on H.R. 11540,
to eliminate the present statutory requirement that aid to families with
dependent children be denied when there is an unemployed father receiv-
ing compensation under a State or local unemployment compensation law.
Sen. Metcalf announced that the Interior Committee oversight hearings
on the Alaska Native Claims Settlement Act originally scheduled for
April 29, 1976, has been postponed until June 10, 1976.
The Senate and House received the Agriculture Department's proposed
legislation to consolidate Federal financial assistance to States for
child nutrition programs; to Agriculture and Forestry Comm.
The Senate received the Interior Department's proposed plan for the
distribution of judgment funds awarded to the Kiowa, Comanche, and Apache
Indians; to Interior Comm.
Sen's. Metcalf & Mansfield introduced S. 3206, providing for the study
of formulation of legislative proposals as to, the implementation of the
transfer of mineral interests under the Northern Cheyenne Allotment Act,
Act of June 3, 1926 (44 Stat. 690), as amended; to Interior Comm.
Sen. Tunney introduced S. 3210, to provide for a national coordinated
program of job creation and maintenance; to Public Works, Finance, and
Labor and Public Welfare Comm's.
Sen. Kennedy introduced S. 3211, to amend the Internal Revenue Code of
1954 to provide an election under which State and local governments may
issue taxable obligations and receive a Federal subsidy of 40% of
the interest yield on such obligations; to Finance Comm.
GEPALE FORD VISHARY
2
Mar 25 (contd)
Rep. Brown (Mich.), et al., introduced H.R. 12788, to amend the Housing
and Community Development Act of 1974 to provide supplementary community
development block grant assistance to communities with high unemployment
due to adverse national economic conditions; to Banking, Currency &
Housing Comm.
Rep. Harrington introduced H.R. 12795, to establish a program of full
employment, vocational training, and employment placement for all young
Americans willing and able to work; to Education and Labor Camm.
Rep. Jones (Oklah.) introduced H.R. 12800, to provide for the development
and conversion into electric energy and usable energy materials of the
potential hydroelectric resources of Alaska; to Interior Comm.
Rep. Quillen introduced H.R. 12812, to amend the Internal Revenue Code
of 1954 to provide for payment by the Government of all reasonable
litigation expenses to prevailing taxpayers in legal action; to Ways and
Means Comm.
Rep. Waggonner introduced H.R. 12825, to amend the Consolidated Farm and
Rural Development Act to increase the maximum loan amounts on certain
programs, to revise the interest rate for certain loans, and to provide
for congressional authorization of program levels; to Agriculture Comm.
Mar 26
Sen. Cannon introduced S. 3212, to require that funds collected through
grazing fees be expended solely for range improvement purposes,
except where otherwise specifically designated for payment to State
or Indian tribes; to Agriculture Comm.
Mar 29
The Senate passed S. 3184, authorizing funds for FY's 1977-1979
Appropriations for alcoholism prevention and treatment programs.
The Senate Banking, Housing and Urban Affairs Committee began markup of
proposed legislation affecting housing programs (S. 2768, 2835, 2986,
3067, 3143, 3158, 3159, 3170, 3174, 3188, 3193 and 3198).
The Senate Agriculture and Forestry Committee filed its report on an
S. 2853, amended, to amend the Food Stamp Act of 1964 to insure a
proper level of accountability on the part of food stamp vendors
GERALD FORD
(SRpt. 94-714).
Rep's. Perkins, Pressler, Cornell, et al, introduced H.R. 12835, to
amend the Vocational Education Act of 1963; to Education and Labor Comm.
3
Mar 29 (contd)
Rep's. O'Hara, et al., introduced H.R. 12851, to extend and amend the
Higher Education Act of 1965, as amended; to Education & Labor Comm.
Rep's. Quie, et al, introduced H.R. 12853, to consolidate the adminis-
tration of certain programs of financial assistance to States for
educational purposes; to Education & Labor Comm.
Mar 30
The Senate Banking, Housing & Urban Affairs Committee ordered reported
an original bill authorizing certain new housing programs and extending
existing housing programs through FY 1977.
The Senate Interior Subcommittee on Indian Affairs began hearings on
S. 2801, to restore to the Confederated Tribes of the Siletz Indians of
Oregon the status of a federally recognized Indian Tribe, receiving
testimony from Morris Thompson, Commissioner of Indian Affairs, and
Reid Payton Chambers, Associate Solicitor for Indian Affairs; Julia Taft,
Deputy Assistant Secretary for Human Development, HEW; and Dr. Joseph N.
Exendine, Acting Deputy Director, Indian Health Service; and Arthur S.
Bensell, accompanied by the Tribal Council of Confederated Tribes of
Siletz, Oregon.
The Senate Select Committee on Nutrition and Human Needs held oversight
hearings on federally funded maternal and infant nutrition programs,
with testimony on the Special Supplemental Food Program, known as the
Women, Infants, and Children Program (WIC), receiving testimony from
Lila Jordan, Rosebud Sioux Indian Tribe, Rosebud Sioux, S. D.; and
various non-Indian witnesses.
The House agreed to the conference report on H.R. 200, to provide for the
conservation and management of the Nation's fisheries; thus clearing
the measure for Presidential action.
The Senate Rules and Administration Committee filed its report on
S.Res. 109, to establish a temporary select committee to study the
Senate committee system (SRpt. 94-722).
The Senate Judiciary Committee filed its report on S.J.Res. 151, to
authorize and request the President to issue a proclamation designat-
ing July 2, 1976, as an official holiday (SRpt. 94-725).
Sen. Bartlett introduced S. 3224, to amend the Federal Water Pollution
Control Act, as amended, to define the term "navigable waters" as it
applies to Corps of Engineers authority; to Public Works Comm.
4
Mar 30 (contd)
The House Interior Committee filed its report on H.R. 11876, to amend
the Water Resources Planning Act (HRpt. 94-983).
Rep. Abdnor introduced H.R. 12864, to provide that the nature of services
provided by any post office facility may not be changed without the
approval of a majority of the patrons of the facility; to Post Office
& Civil Service Comm.
Rep. Gude introduced H.R. 12903, to amend the Higher Education Act of
1965 to require the Commissioner of Education to make payments of
interest for eligible students within 30 days of receipt of a proper
voucher; to Education & Labor Comm.
Rep's. Perkins, et al, introduced H.Res. 1118 and 1119 identical
resolutions, disapproving the deferral of budget authority relating
to Special Supplemental Food Program (WIC) [deferral No. D 76-105]
which is proposed by the President in his special message of March 18,
1976, transmitted under section 1013 of the Impoundment Control Act of
1974; to Appropriations Comm.
Mar 31
Sen. Abourezk announced that the American Indian Policy Review Commission,
Task Force No. 10, on the terminated and nonfederally recognized Indians
would hold public hearings April 9 & 10 in Boston, Mass., and on
April 16 & 17, at Pembroke State University, Pembroke, N.C., from
9 a.m. to 5 p.m.
The Senate Interior Committee filed its report on H.R. 1466, to convey
certain federally owned land to the 29-Palms Park and Recreation District
(SRpt 94-729) ; and on H.R. 4941, for the relief of Oscar H. Barnett
(SRpt. 94-730).
Rep. Baucus, et al., introduced H.R. 12917, to amend section 502 (c)
of the Rural Development Act to assist small farmers in upgrading their
farming operations; to Agriculture Comm.
Rep. Brooks noted the issuance of a number of GAO reports including
"How the BIA uses its planning and budgeting system to determine
funding levels needed to educate Indian children in public schools
under the Johnson-O'Malley program" RED-75-353.
FORD
The Senate agreed to S.Res. 109, to establish a temporary select
committee to study the Senate committee system.
SERALD
By a 54 to 36 vote the Senate agreed to the conference report on
H.R. 8617, to revise regulations governing political activities of
Federal employees, clearing the measure for Presidential action.
5
Mar 31 (contd)
The Senate Indian Affairs Subcommittee concluded hearings on S. 2801,
the Siletz Restoration Act, after receiving testimony from Senator
Kennedy and representatives of the Oregon Department of Fish and Wildlife;
National Congress of American Indians; Trout Unlimited; and Save Oregon's
Resources Today, Inc.
The Senate Labor and Public Welfare Committee began consideration of
S. 2657, providing for grants to assist States in improving the quality
of vocational education.
The Senate Labor and Public Welfare's Subcommittee on Health approved
for full committee consideration with amendments H.R. 5546, authorizing
new health manpower programs and extending such existing programs
through FY 1978.
The House Banking, Currency and Housing Committee's Subcommittee
on Housing and Community Development approved for full committee action
a clean bill in lieu of H.R. 11769, Housing Authorization Act of 1976.
The House Interior Committee adopted a motion to postpone action until
May 19 on H.R. 1863, to amend the Mineral Leasing Act of 1920
(Coal Slurry Pipeline).
The House Public Works and Transportation Committee's Subcommittee on
Economic Development approved for full committee action H.R. 9398, to
amend the Public Works and Economic Development Act of 1965.
The House Ways & Means Committee ordered reported favorably to the
House H.R. 12774, amended, Municipal Taxable Bond Alternative Act of
1976.
The House Ways & Means Committee's Subcommittee on Public Assistance
and Unemployment Compensation approved for full committee action
H.R. 11540 amended, to eliminate the present statutory requirement that
aid to families with dependent children be denied when there is an
unemployed father receiving compsnation under a State or local
unemployment compensation law.
Apr 1
The Senate passed and cleared for Presidential action H.R. 1466, to
convey a one-acre federally-owned Indian cemetery to the 29-Palms
FORD
Park and Recreation District, Calif.
i
The Senate passed and cleared for Presidential action H.R. 4941,
for the relief of Oscar Barnett.
6
Apr 1 (contd)
The House Education and Labor Committee's Subcammittee on Elementary,
Secondary and Vocational Education approved for full committee action
H.R. 12835, Vocational Education Amendments of 1976.
The House Judiciary Committee's Subcommittee on Administrative Law
and Governmental Relations approved for full committee action H.R. 11656,
Government in the Sunshine Act.
The House Small Business Committee's Subcommittee on SBA Oversight and
Minority Enterprise held an oversight hearings on SBA's lending program
and Lease Guarantee Program.
The House received from the LEAA an interim report on the Advisory
Committee on Standards for the Administration of Juvenile Justice,
pursuant to section 247 (b) of Public Law 93-415; to Education & Labor
Comm.
The House Government Operations Committee filed its report on
H.R. 12605, to provide permanent changes in laws necessary because of
the October-September fiscal year; (HRpt. 94-1000); and on H.R. 12606,
to provide for the orderly transition to the new October 1 to September 30
fiscal year; (HRpt. 94-1001).
Rep. Ashley and other members of the Housing & Community Development
Subcammittee introduced H.R. 12945, to amend and extend laws relating
to housing and community development; to Banking, Currency & Housing
Comm.
Rep. Jones (Ala.) and Risenhoover introduced H.R. 12970 & 12971, to
amend the Public Works and Economic Development Act of 1965, to extend
the authorizations for a 3-year period; and H.R. 12972 & 12973, to
authorize a local public works capital development and investment
program; all to Public Works and Transportation Comm.
Apr 2
The House Judiciary Committee's Subcommittee on Criminal Justice
approved for full committee action a clean bill in lieu of H.R. 9074,
Victims of Crime Act.
The House Judiciary Committee's Subcommittee on Courts, Civil Liberties
and the Administration of Justice approved for full committee action
H.R. 214, Bill of Rights Procedures Act.
The House received the Interior Department's proposed plan for the use
and distribution of the award granted to the Three Affiliated Tribes of
the Fort Berthold Reservation in ICC docket 350-F; to Interior Comm.
7
Apr 2 (contd)
The House Post Office & Civil Service Committee filed its report on
H.R. 5465, to allow Federal employment preference to certain BIA & IHS
employees who are not entitled to the benefits of, or who have been
adversely affected by the application of, certain Federal laws allowing
employment preference to Indians; with amendment (HRpt. 94-1003).
Rep's. Daniels and others introduced H.R. 12987, to authorize appropria-
tions for FY 1976 and for the period 7/76 thru 9/76, for carrying out
title VI of the Comprehensive Employment and Training Act of 1973; to
Education & Labor Comm.
Apr 5
The Senate disagreed to the House amendment to S. 217, a bill to repeal
the law allowing New Mexico to condemn Pueblo lands, requested a conference
with the House, and appointed as conferees: Sen's. Jackson, Metcalf,
Abourezk, McClure, and Bartlett. The House amendment would permit renewal
or widening of existing rights-of-way without Pueblo consent, subject
to approval by the Secretary of Interior. The BIA opposes the Amendment.
The House passed with amendment H.R. 11876, to amend the Water Resources
Planning Act as amended.
The House Post Office & Civil Service Committee filed its report on
H.R. 10572, to amend title 5 of the U.S.C. to provide that the provisions
relating to the withholding of city income or employment taxes from
Federal employees shall apply to taxes imposed by certain nonincorporated
local governments (HRpt. 94-1008).
Rep. Simon introduced H.R. 13036, to amed the Internal Revenue Code
of 1954 to impose a tax on the mining of coal and to establish a
compensation program for damage attributable to mine subsidence; to
Ways and Means Comm.
Rep's. Dent & Erlenborn introduced H.R. 13040, to provide for pension
reform for State and local public service employees; to Education &
Labor Comm.
Apr 6
The Senate Labor and Public Welfare Committee ordered reported with an
amendment in the nature of a substitute of S. 2657, authorizing funds
and extending programs through 1982 for vocational and higher education
programs. The Committee also approved the nomination of Samuel R.
Martinez of Colorado, to be Director of Community Services Administration.
8
April 6 (contd)
The House Education and Labor Committee ordered reported H.R. 12987,
Emergency Job Programs Stop-Gap Extension.
The House Interior Committee's Subcommittee on Public Lands approved
for full committee action H.R. 5224, Public Land Policy and Management
Act (BLM Organic Act).
The House Judiciary Committee ordered reported H.R. 11656, Government
in the Sunshine Act; and S. 2129 amended, Indian Crimes Act of 1976.
On April 5 the President signed H.R. 49, to provide full exploration
and development of the Naval Petroleum reserves and to permit limited
production from NPR's No. 1, 2, and 3. (P.L. 94-258; and H.R. 6346,
authorizing funds for FY's 1977-1979 for rural development and small
farm research and extension programs (P.L. 94-259).
Sen. Abourezk announced hearings for the American Indian Policy Review
Commission's Task Force No. 6 on Indian Health to be held on May 1 in
Billings, Montana, and on April 30 and May 1 in Aberdeen, So. Dak.
The House passed S. 2445 (the "Fiscal Year Adjustment Act") to provide
permanent changes in laws necessary because of the October-September
fiscal year after amending the bill to substitute the language of
H.R. 12605. Section 38 of the bill amends the Alaska Native Claims
Settlement Act to provide for a $40 million payment due in the July-
Sept. 1976 transition quarter and $30 million in the July-Sept. quarters
of each of the next five fiscal years.
Sen. Inouye introduced S. 3254, to amend the Act to encourage domestic
travel by giving the U. S. Travel Service authority to institute a
matching grants program for domestic travel promotion projects.
The House received the President's message announcing his veto of
H.R. 9803, Child Day Care Services under title XX of the Social
Security Act (H. Doc. 94-440).
The Senate received the Interior Department's proposed plan for use
and distribution of the ICC award granted to the Three Affiliated
Tribes of the Fort Berthold Reservation; to Interior Comm.
The Senate Interior Committee filed its reports on S. 2981, to authorize
appropriations for the ICC for FY 1977, and extend the ICC's life
to 9/30/80 (SRpt. 94-737); an on H.R. 1465, to provide for the division
of assets between the 29-Palms Band and the Cabazon Band of Mission
Indians, Calif., including certain funds in the U.S. Treasury (SRpt. 94-738)
9
April 6 (contd)
Sen. Domenici introduced S. 3249, to authorize the Secretary of the
Interior to amend the contract for the construction, operation and
maintenance of Vermejo Reclamation Project, New Nexico; to Interior Comm;
and S. 3250, for the relief of the Vermejo Conservancy District; to
Judiciary Comm.
The House Judiciary Committee filed its report on H.R. 12048, to
improve Federal agency rulemaking by expanding the opportunities for
public participation, by creating procedures for congressional review
of agency rules, and by expanding judicial review (HRpt. 94-1014, Pt. 1).
Rep. Ullman introduced H.R. 13059, pertaining to the inheritance of
trust or restricted lands on the Umatilla Indian Reservation; to
Interior Comm.
Apr 7
The Senate Agriculture and Forestry Committee ordered reported S. 2485,
removing the requirement for Congressional committee approval of loans
exceeding $500,000 for resource conservation and development projects.
The Senate Labor and Public Welfare Committee ordered reported with an
amendment in the nature of a substitute H.R. 5546; authorizing funds
for FY 1976 & 1977 for health professions training programs, and
authorizing new health manpower programs and extending such existing
programs through FY 1980.
Sen. Abourezk announced hearings for the American Indian Policy Review
Commission's Federal Administration Task Force No. 3 investing the
policies, practices and structure of the BIA to be held May 8 & 9 at
the Hilton Airport Inn, Interstate 70 and Peoria, Denver, Colorado,
beginning each day at 9 a.m.; Task Force No. 6 on Indian Health to be
held April 20 and 21 at the Holiday Inn, 2247 E. Van Buren, Phoenix,
Ariz; and April 24 & 25 at the Bonneville Power Building, 1002 N.E.
Holiday, Portland, Oregon, each day at 9.a.m.; Task Force No. 8 on
the urban, rural, and nonreservation Indians to be held April 19, at
the Page Belcher Federal Building, fourth floor-Jury Assembly floor,
Fourth and Denver, Tulsa, Okla; and April 28 at the Post Office Bldg.
Auditorium, room 269 1823 Stout Street, Denver, Colo; and on April 21
(instead of April 28, as previously announced) at the Post Office Bldg.
Auditorium, room 269, 1823 Stout Street, Denver Colo., both starting
at 9.a.m.
Sen's. McGee, Hansen, Mansfield, Metcalf, and McClure introduced
S. 3263, to provide for consideration of the comparative productive
potential of irrigable lands in determining nonexcess acreages under
Federal reclamation laws. Sen. McGee stated that "users of Bureau of
Reclamation water in the west have been plagued by what is known to many
10
April 7 (contd)
as the excess land law or the 160-acre limitation *** which says that
each landowner receiving water from a Federal reclamation project can
only receive water for use on land limited to 160-acres in size"
S. 3263 would "give the Secretary of Interior discretion *** to
determine that in cases where land has a lesser productive potential,
the applicability of the 160-acre limitation may be modified, depending
upon the characteristics of the land in question."; to Interior Comm.
The House passed S. 1466 after amending it by substitution of the lang-
uage of H.R. 12678, the National Health Promotion and Disease Prevention
Act of 1976.
The House received the conference report (HRpt. 94-1017) on H.R. 8235,
to authorize appropriations for the construction of certain highways.
The Senate received the report (SRpt. 94-741) on April 8.
The House Ways and Means Committee filed its report on H.R. 12774, to
amend the Internal Revenue Code to provide an election under which
State and local governments may issue taxable obligations and receive
a Federal subsidy of 35 percent of the interest yield on such obliga-
tions (HRpt. 94-1016).
The Senate received Part II of SRpt. 94-705 on S. 3184, authorizing
funds for FY 1977-1979 for alcoholism prevention and treatment programs.
The Senate Approprations Committee filed its report on H.J. Res. 890,
making emergency supplemental approprations for public employment
programs, summer youth programs, and preventive health services for
the fiscal year ending June 30, 1976 (SRpt. 94-742)
Apr 8
The Senate received Conference Report on H.R. 7988, Health Research and
Health Services Amendments of 1976 (SRpt. 94-743)
The House Education and Labor Committee ordered reported H.R. 12835,
Vocational Education Amendments of 1976.
The House and Senate received the President's message requesting a
supplemental appropriation of $528 million to support 880, 100 jobs
for disadvantaged youth during this summer and $1.7 billion for CETA
public service jobs (H. Doc. 94-443; H. Doc. 94-166)
The Senate agreed to the House amendments to S. 2444, to provide
for the orderly transition to the new October 1-September 30
and S. 2445, to make permanent changes in laws necessary to comply
with the change of the fiscal year, clearing them for Presidential action.
The Senate passed S. 3136, the National Food Stamp Reform Act of 1976,
after adopting a number of amendments including one by Sen. Kennedy
extending for 1 year the commodity program on Indian reservations.
11
April 8 (contd)
The Senate passed S. 2853, to insure a proper level of accountability
on the part of food stamp vendors.
The House received the President's proposed supplemental appropriations
and budget amendments for the Interior Department and the Joint Federal-
State Land Use Planning Commission for Alaska (H. Doc. 94-445) ; to
Appropriations Comm.
The House Judiciary Committee filed its report (HRpt. 94-880, Pt. II)
on H.R. 11656, to provide that meetings of Government agencies shall
be open to the public.
The House Education Committee filed its report (HRpt. 94-1019) on
H.R. 12987, to authorize appropriations for FY 1976, and for July-
Sept. 1976 for carrying out title VI of the CETA of 1973 (Emergency Jobs
Program Stop-Gap Extension).
Rep. Roe introduced H.R. 12130, to establish a Department of Education;
to Government Operations Comm.
Apr 9
The House Merchant Marine and Fisheries Committee's Subcammittee on
Fisheries and Wildlife Conservation and the Environment, and on
Oceanography held a joint hearing on H.R. 370 and related bills, to
provide for the development of aquaculture in the United States. Fish
and Wildlife Service and public witnesses testified.
The Senate passed an amended H.J.Res. 890, making emergency supplemental
appropriations for public employment programs, summer youth programs,
and preventive health services for the fiscal year ending June 30, 1976
and appointed 18 conferees.
Sen. Laxalt inserted in the Record a letter from HEW opposing S. 3184,
which would extend for three years at increased authorization levels
the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment,
and Rehabilitation Act of 1970. The letter stated that "having made
***significant strides towards overcoming the problem of alcohol
abuse and alcoholism, we believe that it is time to transfer the basic
responsibility for dealing with this problem to the State and local
level and explained the provisions of HEW's proposed S. 3137 and the
President's 1977 budget proposal to transfer $12 million from NIAAA to
IHS for Indian programs.
The Senate passed and cleared for Presidential action H.R. 1465, to
provide for the division of assets between the 29-Palms Band and the
Cabazon Band of Mission Indians, Calif.
The Senate passed S. 2981, authorizing funds for the Indian Claims
Commission for FY 1977; and extending ICC's life to 9/30/1980.
12
April 9 (contd)
Sen's. Jackson & Magnuson introduced S. 3283, to authorize the Interior
Department to construct, operate, and maintain the Oroville-Tonasket
unit extension, Okanogan-Similkameen division, Chief Joseph Dam project,
Washington; to Interior Comm.
The House Education & Labor Committee filed its report (HRpt. 94-1024)
on H.R. 12838, to amend and extend the National Foundation on the Arts
and Humanities Act of 1965, to provide for the improvement of museum
services, to establish a challenge grant program.
The House Appropriations Committee filed its report (HRpt. 94-1027) on
H.R. 13172, Second Supplemental Appropriations Act for FY 1976 and for
July 1976-September 1976.
The House Appropriations Committee filed its report (HRpt. 94-1029) on
H. Res. 1129, disapproving the deferral of budget authority relating
to special supplemental food program (WIC) (deferral D76-105) which
is proposed by the President in his message of March 18, 1976.
The House Budget Committee filed its report (HRpt. 94-1030) on
H.Con.Res. 611, setting forth the congressional budget for FY 1977,
and revising the congressional budget for the transition quarter
beginning 7/1/76.
The House Judiciary committee filed its report (HRpt. 94-1031) on
H.R. 365, to provide benefits to survivors of certain firefighters who
die in the performance of duty; and onH.R. 366 (HRpt. 1032), to provide
benefits to survivors of certain public safety officers who die in
the performance of duty.
Rep. Rodino and other members of the House Judiciary Committee introduced
H.R. 13157 & 13158, (identical bills) to provide for grants to States
for the payment of compensation to persons injured by certain criminal
acts and amissions; to Judiciary Comm.
Rep. Brinkley and others introduced H.R. 13163, to amend the Federal
Civil Defense Act of 1950 to allow Federal civil defense funds to be
used by local civil defense agencies for natural disaster relief; to
Armed Services Comm.
Apr 11
The President signed H.R. 1466, to convey approximately one acre of land
to the 29-Palms Park and Recreation District, Calif. (P.L. 94-262).
13
Apr 12
The Senate Banking, Housing and Urban Affairs Committee began hearings
on S. 2532, to establish a Government corporation to be known as the
Energy Independence Authority.
The House passed H.Res. 1129, disapproving proposed Food and Nutrition
funding deferrals.
The Senate and House agreed to S. Con. Res. 111, providing for a
conditional adjournment of the Congress from April 14 until April 26.
The House Merchant Marine and Fisheries Committee ordered reported
H.R. 5523, to improve the administration of fish and wildlife programs.
The Senate agreed to S.Con.Res. 109, setting forth recommended levels
of total FY 1977 budget outlays, Federal Revenues, and new budget
authority.
The House passed H.Res. 1032, disapproving the Proposed Soil Conservation
Service funding deferral.
The House concurred in the Senate amendments to H.J. Res. 890, making
emergency supplemental appropriations for preventive health services
for FY 1976, clearing it for Presidential action.
Rep. Teague inserted a statement in the Congressional Record concerning
a project underway in Alaska, in which NASA's Landsat--1 Earth resources
survey satellite is being used "to help Alaskan Indians select
thousands of acres of potential commercial timberland and promising
areas for mineral exploration from vast tracts of wilderness offered
by the Federal Government to settle native claims going back to the
U. S. purchase of Alaska from Russia in 1867.'
The House received the President's message announcing his veto of
H.R. 8617, entitled "to restore to Federal civilian and Postal Service
employees their rights to participate voluntarily, as private citizens,
in the political processes of the Nation." The bill was also known
as "the Hatch Act Repeal" (H. Doc. 94-449).
Sen. Kennedy introduced S. 3296, to amend the Administrative Procedure
Act to provide for improved administrative agency accountability and
review of administrative agency actions; and S. 3297, to improve agency
rule making by expanding the opportunities for public participation by
creating procedures for congressional review of agency rules, and
by expanding judicial review; both to Judiciary Comm.
14
April 12 (contd)
The Senate Banking, Housing and Urban Affairs Committee filed its
report (SRpt. 94-749) on S. 3295, an original bill to extend the
authorization for annual contributions under the United States Housing
Act of 1937, to extend certain low-incame housing programs under the
National Housing Act. This clean bill was introduced the same day
by Sen. Proxmire.
The House received the Interior Department's report and certification
of physical, economic, and financial feasibility on construction of
the Uintah unit of the Central Utah project, pursuant to the Colorado
River Basin Project Act (P.L. 90-537) ; to Interior Comm.
The House received HEW's proposed legislation to amend the Social
Security Act to improve and simplify the program of Aid to Families
with Dependent Children; to Ways and Means Comm.
The House received the GAO's report on actions that HEW could take to
develop a system for evaluating the well-being of children and the
impact of relevant federally supported programs; jointly to Government
Operations; Ways & Means; and Education & Labor Comm's.
The House Post Office & Civil Service Committee filed its report
(HRpt. 94-1033) on H.R. 9043, to authorize employees and agencies of
the U.S. Government to experiment with flexible and compressed work
schedules as alternatives to present work schedules.
Apr 13
The House Education and Labor Committee ordered reported H.R. 12851,
Higher Education Amendments of 1976; and H.R. 12835, Vocational Educa-
tion Amendments of 1976.
The House Judiciary Committee ordered reported H.R. 11193, Federal
Firearms Act of 1975.
The House Public Works and Transportation Committee ordered reported
H.R. 9560, Federal Water Pollution Control Amendments; H.R. 12972,
Local Public Works Capital Development and Investment Act of 1976;
H.R. 9398, to amend the Public Works and Economic Development Act of
1965 to extend the authorizations for 3-years; and H.R. 12545,
authorizing additional appropriations for prosecution of projects in
certain comprehensive river basin plans for flood control, and
navigation.
Rep. Abdnor inserted in the Record a letter from the manpower programs
director of the Oglala Sioux Tribe, who feels frustrated and burdened
by excessive audits and complexities in EDA's Title X program, and
excessive interference from Washington. He also feels that "a lot of
people who have lived on the reservation all their lives can't list
a set of priorities that would help the problems," while "the only
place most people on the reservation can get jobs is on a tribal
program," and "there is such a small percentage that can get on
tribal programs" that it "all leads to a tremendous amount of
dissatisfaction."
15
April 13 (contd)
The House and Senate agreed to the conference report on H.R. 8235,
Federal Aid Highway Act, clearing it for Presidential action.
By a 54 to 28 vote, the Senate passed S. 3201, authorizing funds for
antirecessionary public works employment programs, after adopting an
amendment adding a new "countercyclical assistance program."
The House passed H.R. 13172, the Second Supplemental Appropriation Act
for 1976 and the transition quarter.
The Senate passed and returned to the House H.R. 7108, extending until
7/30/76 authorizations for various Environmental Protection Agency
research, development and demonstration programs.
Sen. Kennedy introduced S. 3298, to provide water to the five central
Arizona Indian tribes for farming operations and to settle their surface
water right; to Interior Comm.
The House received the President's message reporting the deferral of use
of an additional $3.9 million of appropriated funds for the Interior
Dept's. program to develop public lands.
Sen. Dole introduced S. 3299, to amend the Soil Conservation and Domestic
Allotment Act to provide an updated national direction to the conditions
under which the Government will provide financial assistance to
agricultural producers for needed soil, water, woodland, and wildlife
conservation on agricultural lands; to Agriculture & Forestry Comm.
Sen. Moss introduced S. 3311, to amend the Federal Power Act, to provide
coordinated long-range planning and facility sitting in the electric
utility industry; to Commerce Comm.
Rep. Michel introduced, H.R. 13208, to consolidate Federal financial
assistance to States for child nutrition programs, to focus such
assistance on children most in need and to simplify the administration
of such assistance; to Education & Labor Comm.
Rep. Steiger of Arizona introduced H.R. 13217, to provide for the
conveyance of certain mineral rights in and under certain lands near
Palo Verde, Ariz.; to Interior Comm.
The House Judiciary Committee filed its report (HRpt. 94-1038) on S. 2129,
"Indian Crimes Act of 1976".
TENTATIVE CONGRESSIONAL COMMITTEE SCHEDULES
1976
4/26
Markup-Senate Labor & Public Welfare Committee,
Subcommittee on Employment-S1695, H.R. 11453, to
extend Title VI of CETA.
4/27
Hearing-Senate Indian Affairs Subcammittee-S. 2780,
Court of Claims continuation of Sioux Black Hills
claims case.
4/28
Markup-Senate Interior Committee-S. 877, Zuni lands
S. 2144, A/S for Indian Affairs.
4/29
Markup-House Indian Affairs Subcommittee-H.R. 11909,
Indian Claims Commission authorization FY 1977.
5/3
Hearing-Senate Indian Affairs Subcammittee-on
Interior Secretary's decision re Quechan Tribes
land claim.
5/4
Hearing-House Subcommittee on Water & Power
Resources-H.R. 8777, authorize the construction
operation, and maintenance of the Oroville-Tonasket
unit extension, Chief Joseph Dam project, Washington.
5/5
Markup-House Interior Full Cammittee-H.R. 5224, BLM
Organic Act, Public Land Policy.
5/7
Hearing-Senate Small Business Committee-SBA surety
bond program.
5/11,14
Markup-House Agriculture Committee-Amendments to
&18,-21
the Food Stamp Act.
5/14
Hearing (Oversight) -Senate Small Business Committee-
SBA 502, community development program.
5/17
Hearing-Senate Indian Affairs Subcammittee-S. 2652,
Exempt Indian trust information from Freedom of
Information Act.
5/21
Hearing-Senate Small Business Committee-Continue SBA
hearing on financial assistance programs.
6/10
Hearing (Oversight)-Senate Interior Committee-On
Alaska Native Claims Settlement.
2
6/11
Hearing-Senate Small Business Committee-S. 849 &
H.R. 12096, on SBA financial assistanct to the
single and multi-family housing industry.
4/26&
Markup-House Appropriations Committee-to be completed
5/7
Full consideration of bills May 24 to June 4. Floor
action June 15 to July 2; conference reports to be
filed by Sept. 1.
5/19
Markup-Full Interior Committ-ee-H.R. 1863, Coal
Slurry Pipeline.
TBA
Hearing-House Subcammittee on Indian Affairs-on
Actions on proposed tribal land consolidation.
TBA
Markup-House Indian Affairs Subcommittee, H.R. 11258,
A/S for Indian Affairs; S. 1659, Grand River Band
Ottawa judgment; hearing to be scheduled for
S. 2634, Indian Postsecondary education institutions.
GRAATS FORD
TO SCHEDULE NON-FEDERAL WITNESSES
Hearings--Senate Indian Affairs Subcommittee:
Communicate with Forrest Gerard, Room 3106, Dirksen
Senate Office Building, United States Senate,
Washington, D. C. 20510
Phone: (FTS 202-224-7143)
Hearings--House Indian Affairs Subcommittee:
Communicate with Franklin Ducheneaux, Room 422 House
Congressional Annex, House of Pepresentatives,
Washington, D. C. 20515
Phone: (FTS 202-225-1684)
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending: April 14
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Criminal Justice Reform Act - Revision of Title 18
S. 1 (H.R. 333; 3907; 6799) -McClellan,
USC "Crimes and Criminal Procedures" and related
Hruska, Bayh, Eastland, Fond, Griffin,
laws. Includes (1) authorities for BIA police;
#
Mansfield, Moss (Utah), Scott (Pa.),
(2) continues current Indian county definition;
Taft & Tower- 1/15/75 [Judiciary]
(3) adds 9 to current 13 major crimes; (4) contin-
8/1/75-Draft amended bill
ues P.L. 280, Kansas & N.Y. State jurisdiction;
12/1/75-Draft Comm. Rpt.
authorizes tribal retrocession of State jurisdic-
tion; (5) repeals Indian liquor laws but continues
express authority for tribal liquor regulation;
(6) continues Indian lands hunting & fishing
trespass and boundary sign destruction laws; (7)
continues conflict of interest exemption for
Federal employees assigned to or employed by
tribes; (8) increases tribal court maximum fine
FORD
from $500 to $10,000; (9) authorizes compensation
ALD
for injured or killed victims of crimes.
(see S. 1263; S. 2129)
Authorizes the President to designate the fourth
S.J.Res. 44 (H.J.Res. 394; H.R. 6879)- -
Friday in September as National Indian Day.
-Fannin-2/28/75 [Judiciary]
5/7/75-SRpt. 94-106
5/8/75-Passed as reptd.
5/9/75-Trans. to P.O & C.S. Comm.
Nantucket Sound Island Trust, includes Wampanoag
S. 67 (H.R. 1629)-Kennedy-1/15/75
Tribe Recognition (Indian Common Lands in trust
[Parks & Recreation]
as Reservation).
9/8/75-Dept Rpt to Comm.
11/25/75-SRpt. 94-493
12/8/75-Passed as reptd.
12/9/75-Tb House Interior
Authorizes the Secretary to make grants for con-
S. 150 (H.R. 7151)-Hansen-1/15/75
struction, maintenance and operation of an Indian
[Parks & Recreation]
Art & Cultural Center, Wind River Reservation, Wyo.
5/75-Hearing scheduled but cancelled
Establishing the Hawaiian Aboriginal Claims Settle-
S.J.Res. 155 (H.R. 1944)-Inouye-
ment Study Commission.
12/18/75 [Interior Full Comm]
2/9 & 10/76-Field Hearings
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Amend Act relating to the Lumbee Indians of N. C.
S. 159 (H.R. 4007)-Helm-1/16/75
Varifies eligibility for Federal benefits extended
to nonfederally recognized Indian tribes. No. 'BIA
or IHS benefits.
To designate turquoise as the National gemstone of
S.J.Res. 160-Damenici-1/2/76
the United States
[Judiciary]
Authorize & direct the ICC to determine the amount
S.J.Res. 170 (H.J.Res. 710)-Bartlett-
of a claim of the Seminole Nation of Oklahoma
2/17/76
Private relief-Willard & Nicole Allen, directs the
S. 209-McCee-1/17/75
Sec. of Treasury to pay a claim against the U.S.
4/24/75-Dept. Rpt. to Comm.
due to land sale error by BIA personnel on Wind
4/25/75-Senate Hearing
River Reservation.
12/16/75-SRpt. 94-566
12/17/75-Passed as reptd.
12/18/75-To House Judiciary
Condemnation of Pueblo lands-Repeal provisions
S. 217 (H.R. 2908)-Domenici-1/17/75
of existing Federal law authorizing condemnation
4/24/75-Dept. to Comm.
of the lands of the Pueblo Indians in New Mex.
4/25/75-Senate Hearing
House amendment permits renewal or widening of
5/14/75-Markup & ordered rept. w/amend.
existing rights-of-way with Interior Sec. approval
5/20/75-SRpt. 94-148
and without Pueblo approval if no agreement reached
5/21/75-Passed, amended
with right-of-way owner.
5/22/75-Tb House Interior
7/24/75-House Hearing
1/29/76-HRpt. 94-800
2/2/76-Passed, amended
4/5/76-Senate disagreed to House amend-
ment & requested conference.
Amends the Internal Revenue Coce of 1954 to allow
S. 386 (H.R. 8989)-Packwood-1/27/75
the same tax treatment for recognized Indian tribes
[Finance]
as is applicable to States and other governmental
units.
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Amends the Social Security Act by increasing the
S. 403-Fannin-1/27/75
Federal share of State expenditures for medical
[Finance]
assistance provided to Indians who are eligible. for
medical care under the Indian Health Service
program of the PHS.
Amends the Social Security Act by increasing the
S. 437 (H.R. 1591)-Metcalf-1/28/75
Federal share of the public assistance benefits
[Finance]
provided by a State to Indians, Aleuts, Native
Hawiians and other aboriginal persons for aid to
dependent children (presently effective in two
States), supplemental security income and medicaid.
Declares that all right, title, and interest of the
S. 414 (H.R. 2855)-Cannon-1/27/75
U.S. in approximately 2,640 acres of land in the
State of Nevada are hereby held by the U.S. in
trust for the Paiute-Shoshone Tribe of the Fallon
Indian Reservation.
Declares that all right, title and interest of the
S. 415-Cannon-1/27/75
U.S. in approximately 90 acres of specified lands
in Nevada is to be held in trust for the Ely Indian
Colony.
Authorizes the use of facilities at the Owyhee
S. 416 (H.R. 2921) -Cannon-1/27/75
Indian Hospital of the Duck Valley Indian Reserva-
[Interstate & Foreign Commerce]
tion in Nevada to provide nonemergency medical care
on a fee-for-service basis to non-Indians.
Provides retirement benefits for BIA & IHS
S. 509 (H.R. 4988; 5858; 5968; 11479)
employees who have completed 20 years of service,
.-Stevens-1/30/75 [P.O. & C.S]
served continuously from 6/17/74 and are not
6/17/75-Dept Rpt. to Comm.
entitled to Indian preference. (see H.R. 5465)
6/18/75-Senate Hearing
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Directs HEW to make grants and provide scholarships
S. 522 (H.R. 2525)-Jackson-2/3/75
to encourage Indians to enroll in health-related
4/15/75-Dept. Rpt. to Comm.
training programs. Authorizes HEW to expend funds
4/16/75-Markup
to better meet Indian Health care needs to provide
5/13/75-SRpt. 94-133
hospitals and other health facilities, to supply
5/16/75-Passed, amended
unmet needs for safe water and sanitary waste
5/22/75-Tb House Interior
disposal facilities. Requires HEW to contract with
urban Indian organizations to establish and admin-
ister health programs to benefit urban Indians.
Authorized health care facilities & staff for BIA
schools. Requires new HEW-HUD-BIA agreement on
Housing production to coordinate waters & sewerage
facilities. (see H.R. 11530-Soboba)
Provides that approximately 418 acres needed by the
S. 540 (H.R. 7628)-Burdick-2/3/75
Three Affiliated Tribes of the Ft. Berthold Reserva-
6/5/75-Dept. Rpt. to Comm.
tion, North Dak., and not needed for the purpose
6/6/75-Senate Hearing
of the Garrison Dam Project, are hereby restored
to the tribal ownership of the Three Affiliated
Tribes.
Establishes Wounded Knee Compensation Board to
S. 545 (H.R. 3914; S. 2907; S. Res. 378)
compensate lossess arising from the occupation of
-McGovern-2/3/75 [Banking, Housing &
Wounded Knee, So. Dak., between 2/27/73 and 5/8/73.
Currency]
Provides payment for personal injury and property
7/21/75-Senate Hearing
damages.
10/1/75-To Judiciary
Authorizes the Secretary of HEW to make grants for
S. 626 (H.R. 8179) -Mondale-2/7/75
child and family service programs and for the
[Labor & Public Welfare]
training of professionals & paraprofessionals in
2/20/75-Senate Hearing
the child development.
3/21/75-Joint Hearings
As introduced, included authority for tribal governing S.
642-Moss-2/2/75
body to develop regulations to eliminate or preclude
[Commerce]
unfair or deceptive acts and practices in commerce.
4/15/75-Senate Hearing
Also declared that tribal governing body shall have
12/16/75-SRpt. 94-564)
the exclusive authority to license reservation
12/17/75-Passed as reptd.
traders. Senate Comm. Amendment by Senate Comm.
12/18/75-Jointly to Interstate &
eliminated all Indian provisions without comment.
Foreign Commerce & Judiciary
NOTE:
Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Authorizes subject to the provisions of the consti-
S. 734-Burdick-2/18/75
tution of the Three Affiliated Tribes of the Ft.
Berthold Reservation, No. Dak., and the approval
of the Sec. of Interior, the Three Affiliated
Tribes to execute mortgages on land purchased by
the Tribes to finance the purchase of land within
the boundaries of the reservation.
To assist certain employees of the United States in
S. 771 (S. 509)-McGee-2/20/75
finding other employment in the Civil Service.
[P.O. & C.S.]
(see H.R. 5465)
6/18/75-Hearing w/s. 509
Authorizes appropriation for ICC for FY 1976
S. 876 (H.R. 3979)-Jackson-2/27/75
Directs the Secretary of Interior to acquire
S. 877 (H.R. 4212)-Montoya-2/27/75
specific lands in New Mex., to be held in trust for
6/5/75-Dept. Rpt. to Comm.
the Zuni Indian Tribe. Authorizes Zuni Tribe to
6/6/75-Senate Hearing
file land claims suit against United States.
4/29/76-Markup scheduled
Authorizes appropriations of such sums as are
S. 891 (H.R. 3691)-Hartke-2/28/75
necessary for FY's 76 & 77 to carry out National
[Agriculture & Forestry]
School Lunch Act programs. Authorizes appropriation
4/22/75-Senate Hearing
of $100,000 for each FY's 75,76,& 77 for grants to
State health departments, Indian tribes, or the IHS
for supplemental food, etc.
Confers jurisdiction upon the United States District
S. 945-Hatfield-3/4/75
Court for Oregon to render judgments on any claims
filed by the Coos, Lower Umpqua and Suislaw Indian
FORD & LIBRA GERALD
Tribes for alleged taking of their ancestrail lands
without payment by the United States.
Marine Fisheries Conservation Act of 1975
S. 961 (H.R. 200)-Magnuson-3/5/75
[Commerce] (see H.R. 200
6/6/75-Senate Hearing
10/7/75-SRpt. 94-416, amended
10/7/75-to Foreign Relations
11/18/75-SRpt. 94-459 (Rereferred to
Armed Services
12/8/75-SRpt. 94-515
1/28/76-Passed, amended
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
To assist the States to develop and implement State
S. 984 (H.R. 3510)-Jackson-3/6/75
land resource programs and to assist Indian tribes
[Environment & Land]
to inventory and plan the use of reservation and
4/23, 24 & 29 also 5/2/75-Hearings
other tribal lands.
Establishes the Indian Trust Counsel Authority to
S. 1002-Abourezk-3/7/75
render legal services necessary to preserve,
3/15/75-Dept. proposed Rpt.
protect, adjudicate, or administer rights or
6/20/75-Dept. Rpt. to Comm.
interests of Indians to or in natural resources
within the U. S. trust responsibility owing to the
Indians.
Establishes the Indian Nations Scenic Trail, extend-
S. 1123-Bartlett-3/10/75
ing from the Red River, Okla., thru the former
5/19/75-SRpt. 94-144
Indian nations to the Oklahoma-Kansas boundary line.
5/21/75-Passed as reptd.
5/22/75-Tb House Interior Comm.
Authorizes the payment of $3,000 in compensation to
S. 1147 (S. 2900) (H.R. 12009)- -
each Sioux Indian man, woman, or child or his or
Abourezk-3/11/75 [Judiciary]
her heirs who suffered death or bodily injury in
2/5/76-Dept.Rpt. to Comm.
the massacre of the Sioux Indians at Wounded Knee
2/5/76-Senate Hearing
Creek, So. Dak., 12/29/1890.
2/6/76-Interior witness
Provides that any Indian who commits the offense of
S. 1263 (H.R. 2470; 7592)-Abourezk-
kidnapping within Indian country shall be subject
3/20/75
to the exclusive jurisdiction of the United States
[Judiciary] (incorporated in S. 1 &
(amends 18 USC 1153).
S. 2129)
Provides for the ICC Cowlitz judgment distribution
S. 1334 (H.R. 5090)-Jackson-3/26/75
(1) $10,000 for the purchase of lands for the
9/24/75-Dept. Rpt. to Comm.
purchase of lands for the Cowlitz Tribe; (2) the
9/26/75-Senate Hearing
balance to be distributed per capita.
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Provides that the State of Utah may relinquish
S. 1363-Moss-4/7/75
tracts of school land, including mineral rights,
within specified areas of the Navajo Reservation
to U.S. in trust for Navajo Tribe. Provides that
Utah may select other unreserved lands in Utah
equal in area to those relinquished.
Stipulates that payments under the State and Local
S. 1625 (H.R. 7840)-Hathaway-5/1/75
Government Fiscal Assistance (General Revenue
[Finance]
Sharing) Act which are waived by the Indian tribe
or Alaskan native village entitled to receive them
shall become part of the entitlement of the county
government in which such tribe or village is
located.
Grand River Band of Ottawa-Dkt. 40-K. Sets forth
S. 1659-Hart-5/6/75
the method for distribution of the funds
9/25/75-Dept. Rpt. to Comm.
appropraited to pay ICC judgment.
9/26/75-Senate Hearing
10/18/75-SRpt. 94-577, amended
12/19/75-Passed, amended
FORD
1/19/76-To House Interior
3/2/76-Dept. Rpt. to Comm.
3/4/76-House Hearing
Title I authorizes tribes to retroceed State
S. 2010 (S. 1328) -Jackson-6/26/75
jurisdiction to tribes or Federal Govt.; Title II
12/3/75-Hearing-Indian witnesses
directs the Secretary to make grants to, and
3/4/76-Dept. Rpt. to Comm.
contract with Indian tribes to implement programs
3/4/76-Hearing-State & non Indian wit.
and projects to improve law enforcement and the
3/5/76-Hearing-Interior/Justice wit.
administration of justice within Indian country
and reservations (PL280)
Declares title to certain lands in the State of New
S. 2072 (H.R. 8533)-Domenici-7/9/75
Mexico to be held in trust by the U. S. For the
Ramah Band of Navajo Tribe.
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
"Indian Crimes Act of 1976"
Stipulates that Indians committing certain listed
S. 2129 (H.R. 7592)-Fannin-7/16/75
crimes within Indian country shall be subject to
2/12/76-Dept. Rpt. on H.R. 7592 to Com.
the same laws & penalties as all other persons
2/2/75-SRpt. 94-620
committing such crimes within the exclusive
2/4/76-Passed as reptd.
territory. (see S. 1)
2/5/76-Tb House Judiciary
3/9/76-House Hearing (Justice Dept. wit)
4/13/76-HRpt. 94-1038
Creates the position of A/S for Indian Affairs
S. 2144 (H.R. 4344; 8536; 11258) -
within the DOI. Authorizes the Sec. of Interior
Jackson-7/21/75
to delegate functions relating to Indian Affairs
5/19/75-Dept. proposal
to the A/S. Revises title 25 USC provisions
8/15/75- (Dept. Rpt. to Comm. w/
to eliminate references to Commissioner of IA
technical amendment).
thereby conforming to 1948 Reorganization Plan.
3/4/76-House Hearing
4/29/76-Markup scheduled
Amends the Omnibus Crime Control and Safe Streets
S. 2212 (H.R. 9236) -Hruska-7/29/75
Act of 1968 to revise provisions relating to grants
[Judiciary]
to Indian tribes.
2/20/76-Senate Hearing
Imposes penalties for allowing livestock to graze
S. 2235-Fannin-7/31/75
on any trust or restricted land of any Indian or
7/23/75-Dept. proposed Rpt.
Indian tribe without authorization.
Provides that four publications detailing the
S. 2355-Cannon-9/17/75
history of the Indian tribes of Nevada shall be
[Judiciary]
subject to copyright by the Inter-Tribal Council
of Nevada.
Amend CETA of 1973 to permit certain Indian tribes
S. 2399 (H.R. 11453)-Domenici-9/24/75
to qualify under Title I of that Act.
[Labor & Public Welfare]
Relating to certain business transactions carried
S. 2362-Abourezk-9/17/75
out within the exterior boundaries of Indian
reservations.
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Yahtay Industries, N. Mex., to authorize the Sec.
S. 2490-Montoya-10/7/75
of Interior to cancel certain obligations of the
Yahtay Industries, Inc., Jemez Pueblo
Pertaining to the enrolled members of the Umatilla
S. 2552 (H.R. 2064; 13059) ; Hatfield-
Indian Reservation.
12/22/75
Land consolidation & development of the Umatilla
S. 2553 (H.R. 2065)-Hatfield-10/30/75
Indian Reservation.
Amend Menominee Restoration Act, to make Tribes
S. 2581-Nelson-10/28/75
eligible for joint IHS and Hill Burton program
[Labor & Public Welfare]
hospital funding.
HEW grants to Indian postsecondary educational
S. 2634 (H.R. 11220) -Abourezk-11/6/75
institutions.
3/12/76-Dept. Rept to Comm.
3/15/75-Senate Hearing
To exempt Indian trust information from Freedom of
S. 2652-Domenici-11/11/75
Information Act disclosure requirements.
4/ /76-Dept. Rpt. to Comm.
5/17/76-Hearing Scheduled
Amend ICC Act of 8/13/46; authorize continuation
S. 2780 (H.R. 12645)-Abourezk-12/12/75
of Sioux Black Hills case without regard to res
4/ /76-Dept. Rpt. to Comm.
judicata decision of Court of Claims.
4/27/76-Hearing Scheduled
Restoration of the Confederated Siletz Tribe of
S. 2801 (H.R. 11221)-Hatfield-12/17/75
Oregon.
3/29/76-Dept. Rpt. to Comm.
3/30&31/76-Senate Hearing
To authorize certain financial assistance to
S. 2882-Pearson-1/28/76
Haskell Indian Junior College, Lawrence, Kansas
[Labor & Public Welfare]
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
To provide for per capita payment to persons of
S. 2883-Moss-1/28/76
Southern Paiute lineal descent who did not partici-
pate under the Act of 10/17/65, providing for
disposition of judgment funds to Southern Paiute
in ICC dkts. 88, 330 & 330-A.
Wounded Knee massacre (see digest of S. 1147)
S. 2900-Abourezk-1/29/76
2/5/76-Senate Hearing
Occupation of Wounded Knee (see digest of S. 545)
S. 2907-McGovern;Abourezk;Hruska-
1/30/76 [S. Res. 378-Byrd-2/2/76]
To reinstate the Modoc, Wyandotte, Peoria, and
S. 2968 (H.R. 11018)-Bartlett-2/17/76
Ottawa Indian Tribes of Okla., as federally
supervised and recognized Indian tribes.
Authorize Appropration for the ICC of FY 1977.
S. 2981 (H.R. 11909) -Metcalf-2/17/76
4/6/76-SRpt. 94-737
4/9/76-Passed, as reptd.
Federal Energy Development Impact Assistance Act
S. 3007 (H.R. 11772)-Jackson-2/19/76
of 1976 (see digest of H.R. 11772)
Amend section 6 of the ANCSA.
S. 3088-Metcalf-3/4/76
National Food Stamp Reform Act of 1976.
S. 3136-Talmadge-3/13/76
[Agriculture & Forestry]
3/13/76-SRpt. 94-697
4/8/76-Passed, as reptd.
Financial Assistance for Elementary & Secondary
S. 3166 (H.R. 12196)-Beal1-3/17/76
[Labor & Public Welfare]
4/7/76-Comm. req. rept from Dept.
NOTE:
Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Providing for the study of formulation of legisla-
S. 3206-Metcalf/Mansfield-3/25/76
tive proposals as to, the implementation of the
transfer of mineral interests under the Northern
Cheyenne Allotment Act, (act of 6/3/26 (44 Stat.
690), as amended.
TO require that funds collected through grazing fees
S. 3212-Cannon-3/26/76
be expended solely for range improvement purposes
[Agriculture]
except where otherwise specifically designated for
payment to State or Indian tribes.
To provide water to the Five Central Arizona
S. 3298-Kennedy-4/13/76
Indian tribes for farming operations and to settle
their surface water right.
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
HOUSE
Ending: April 14
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Establishes the United States fishery zone within
H.R. 200 (S. 961)-Studds-1/14/75
a boundary line drawn 200-miles from the inner
[Merchant Marines & Fisheries]
boundary of the territorial sea.
8/20/75-HRpt. 94-445
10/9/75-Passed as reptd.
1/29/76-In Conference
3/24/76-HConf. Rpt. 94-948
3/24/76-SConf. Rpt. 94-711
3/30/76-Cleared for President
Authorizes the return of the remains of Pocahontas
H.J. Res. 391; 459;-Fish-4/15/75
to the United States. Directs the establishment of
the Pocahontas Memorail under the direction of the
Secretary of Interior.
Authorizes the Secretary of Interior to establish
H.R. 552-Koch-1/14/75
a program of direct Federal employment to improve
environmental quality and natural resources manage-
ment (including Indian reservation lands).
Authorizes the Secretary of Interior to relieve the
H.R. 589 (S. 2179)-Lagomarsino-1/14/75
Santa Ynez Water Conservation District, Calif., of
6/5/75-Dept. Rpt. to Comm.
payments due the U.S. for repayment of a Small
6/6/75-House Hearing
Reclamation projects loan in the amount of $1,120
9/15/75-HRpt. 94-475
per year due to the delivery of water to the Santa
10/6/75-Passed, as reptd.
Ynez Indian Reservation lands within such district.
10/7/75-To Senate Interior Comm.
Provides that programs will be carried out thru
H.R. 652-Murphy-1/14/75
grants made directly to units of local government
[Education & Labor]
with particular attention being given to the needs
of Appalachia and Indian Tribes.
Authorizes the Sec. of Interior to convey to 29-
H.R. 1465-Pettis-1/15/75
Palms Band of Mission Indians beneficial interest
7/3/75-Dept. Rpt. to Comm.
in specified lands. Directs the Secretary to
7/8/75-House Hearing
distribute from funds of the Cabazon Band of Mission
9/15/75-HRpt. 94-476
Indians the amount of $2,825 plus interest to the
10/6/75-Passed as reptd.
29-Palms Band.
10/7/75-Tb Senate Interior
4/6/76-SRpt. 94-738
4/9/76-Passed, as reptd. &
cleared for President.
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
HOUSE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Conveys specified federally owned cemetery land in
H.R. 1466-Pettis-1/15/75
Calif., to the 29-Palms Park & Recreation District
[Environment & Land Resources]
Provides that such land shall be used only as an
7/7/75-Dept. Rpt. to Comm.
Indian cemetery and historical musuem site of
7/8/75-House Hearing
general interest to the public.
9/15/75-HRpt. 94-477
10/6/75-Passed, amended
10/7/75-To Senate Interior
2/26/76-Senate Hearing
3/31/76-SRpt. 94-729
4/1/76-Passed as reptd. & cleared
for President.
4/11/76-P.L. 94-262
For the relief of Judy Ann Allen, et al., re late
H.R. 2120-Talcott-1/23/75
enrollment in California award.
[Judiciary]
Indian Health Care Improvement Act
H.R. 2525 (S. 522)-Meeds-1/31/75
(contents of H.R. 11530 added to this bill)
(H.R. 2526; 3261; 3351; 7852)
9/25/75-House Hearing
4/9//76-HRpt. 94-1026 (Pt. 1)
Provides for compensation to the Cherokee Nation
H.R. 2720-Risenhoover-2/4/75
for the loss of specified lands. States that no
more than 10 percent of the amount of the claim
shall be received by any agent or attorney on
account of services rendered with respect to
each claim.
Authorizes to be appropriated not to exceed
H.R. 3979 (S. 876)-Meeds-2/27/75
$1,450,000 to carry out the provisions of the ICC
6/9/75-HRot. 94-268
Act during FY 1976 (see S. 2981; H.R. 11909)
6/16/75-Passed, as reptd.
6/17/75-Tb Senate Interior
7/31/75-SRpt. 94-360
8/1/75-Passed, amended
9/17/75-House asked for conference
10/2/75-Senate agreed to conference
11/3/75-Conferees met
Assistant Secretary for Indian Affairs
H.R. 4344 (H.R. 8536; H.R. 11258-Young-
[see S. 2144)
3/5/75
3/2/76-Dept. Rpt. to Camm.
3/4/76-House Hearing
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
HOUSE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
For the relief of Oscar Barnett-To remove land
H.R. 4941 (S. 1238)-Montgamery-3/13/75
title cloud, Mississippi Choctaw vicinity.
[Environment & Land Resources]
4/24/75-Dept. Rpt. to Comm.
4/25/75-House Hearing
11/25/75-HRpt. 94-682
12/17/75-Passed as reptd.
12/17/75-To Senate Interior
3/31/76-SRpt. 94-730
4/1/76-Cleared for President
Cowlitz Judgment Distribution
H.R. 5090 (S. 1334)-Meeds-3/18/75
4/16/75-Dept. Rpt. to Comm.
4/17/75-House Hearing
9/15/75-HRpt. 94-479, amended
12/16/75-Passed, amended
12/17/75-To House Interior
Allow employment preference to certain BIA & IHS
H.R. 5465 (S. 509)-Henderson-3/25/75
employees not entitled to benefits of, or who have
[P. O. & C. S. ]
been adversely affected by the application of
2/2/76-Dept. Rpt. to Comm.
Federal laws allowing employment preference to
2/3/76-House Hearing
Indians and who seek employment in other Federal
4/2/76-HRpt. 94-1003
(See digest of S. 509 and the above H.R. 5465)
H.R. 5858 (H.R. 5968; 4988; 11479)-
4/10/75 [P.O. & C.S.]
For the relief of Daryl Mahoney
H.R. 6750-Bell-5/6/75
delayed moving expenses reimbursement
1/14/76-Dept. Rpt. to Comm.
Authorizes the Secretary of Interior to construct,
H.R. 8177-Steiger-6/24/75
operate, and maintain permenent conveyance
9/18/75-Dept. Rpt. to Comm.
facilities for the principal purpose of delivering
9/19/75-House Hearing
a municipal and industrial water supply for the city
of Yuma, Arizona. Authorizes the Secretary to
locate a pipeline conveyance system and appurten-
ances or lands within the exterior boundaries of
the Fort Yuma Indian Reservation.
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
HOUSE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Federal Aid Highway Act of 1976--
H.R. 8235 (S. 2711) -Howard-6/25/75
Amends Federal Aid Highway Act of 1965 to authorize
[Public Works and Transportation]
appropriation for Indian roads and bridges,
7/9/75-House Hearing
$20,750,000 for the 3-month period ending 9/30/76
12/11/75-HRpt. 94-716
$83,000,000 for FY 1977 and $83,000,000 for FY 1978.
12/18/75-Passed, SS reptd.
1/19/76-Passed Senate, amended
1/20/76-Senate ask for Conference
1/20/76-House agreed to conference
4/7/76-HConf.Rpt. 94-1017
4/8/76-SConfRpt. 94-741
4/13/76-House & Senate agreed
and cleared for President.
Directs the Secretary of Interior to hold certain
H.R. 8411-Udall-7/8/75
lands in trust for the Pascua Yaqui Indians upon
request by the Pascua Yaqui Assoc., Inc. Recognize
and declares eligibility of Pascua Yaqui people
who are members of the Assoc., Inc., for services
and assistance provided to Indians because of
their status as Indians by any department, agency,
or instrumentality of the United States.
Extends, under CETA of 1973, the coverage of
H.R. 8433-Mink-7/8/75
specified manpower programs contained in such
[Education & Labor]
Act to Native Hawaiians.
"Energy Conservation"-Authorizes the
H.R. 8650 (H.R. 7958)-Barrett-7/15/75
Administrator of the Federal Energy Administration
[Banking, Currency & Hosuing]
to make grants to State Governors and the Mayor of
7/9/75-House Hearing
the District of Columbia for weatherization of
7/22/75-HRpt. 94-377
dwellings of low-income persons, including funds
9/8/75-Passed, amended
for weatherization of Indian homes.
9/9/75-Tb Banking, Housing & Urban Aff.
2/3/76-SRpt. 94-623
3/9/76-Passed, as reptd.
3/15/76-House Conference requested.
3/18/76-Senate Conference requested.
GERALD FORD LIBRARY
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
HOUSE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Amends the Social Security Act to stipulate that
H.R. 9532-Melcher-9/10/75
income and resources deriving from reserved Indian
[Ways & Means]
lands shall be disregarded in determining eligibi-
lity for, or the amount of, benefits payable to
Indian people under aid to families with needy
children programs and aid and medical assistance
for the aged, blind, or disabled.
Surface Mining Control and Reclamation Act of 1976
H.R. 9725 (H.R. 12474 & 12475) -Melcher-
9/19/75
3/15/76-HRpt. 94-896
To extend the protection of section 1114, of title
H.R. 11390-Andrews-1/20/76
18, USC, to officers and employees of the IHS of US.
[Judiciary]
To establish a Department of Education which
H.R. 11424-Litton-1/20/76
includes the transfer of BIA schools to the new
[Government Operations]
Department.
Emergency Employment Project Amendment of 1976
H.R. 11453 (S. 2399)-Daminick-1/22/76
[Education & Labor]
2/3/76-HRpt. 94-804
2/10/76-Passed, as reptd.
2/16/76-Tb Senate Labor & Public
Welfare Comm.
To permit the Soboba Band of Mission Indians to
H.R. 11530-Pettis-1/27/76
participate in IHS sanitation facilities programs
on the same basis as other federally recognized
Indian groups. (Content of bill added to H.R. 2525
by Interior Committee 3/2/76).
To provide for the striking of a commemorative
H.R. 11531-Shriver-1/27/76
medal honoring the American Indian heritage
[Banking, Currency & Housing]
NOTE:
Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
HOUSE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Commemoration of the opening of the Cherkee Strip
H.R. 11886-Skubitz-2/11/76
to homesteading.
Authorize appropriation for the ICC for FY 1977
H.R. 11909 (S. 2981) -Meeds-2/17/76
3/18/76-House Hearing
4/29/76-Markup scheduled
Declares U.S. hold in trust for the Pueblo of Santa
H.R. 12003, 04, 05-Lujan-2/19/76
Ana certain public domain lands.
To amend the Johnson-O'Malley Act (25 USC 452 et seq)
H.R. 12237-Abdnor-3/1/76
Calendar No. 786
94TH CONGRESS
SENATE
REPORT
2d Session
No. 94-828
RETIREMENT BENEFITS FOR CERTAIN EMPLOYEES OF
INDIAN AGENCIES
MAY 13, 1976. Ordered to be printed
Mr. McGEE, from the Committee on Post Office and Civil Sevice,
submitted the following
REPORT
[To accompany H.R. 5465]
The Committee on Post Office and Civil Service, to which was
referred the bill (H.R. 5465) to revise retirement benefits for certain
employees of the Bureau of Indian Affairs and the Indian Health
Service not entitled to Indian preference, provide greater opportunity
for advancement and employment of Indians, and for other purposes
having considered the same, reports favorably thereon with an amend-
ment and an amendment to the title, and recommends that the bill
as amended do pass.
AMENDMENT
The Committee amendment to H.R. 5465 strikes all after the
enacting clause and inserts new language.
The new language inserted is that of the bill S. 509 with two changes,
both of which pertain to the criteria to be met by an employee if he
is to establish eligibility for an annuity under the provisions of the
bill. One would require that the employee complete 25 years of service
or, after becoming 50 years of age, complete 20 years of service. The
second would require that an affected employee demonstrate that
he has been passed over on at least two occasions for promotion,
transfer, or reassignment to a position representing career advance-
ment because of a law granting a preference to Indians in promotions
and personnel actions.
PURPOSE
The purpose of the bill is to extend to certain non-preference em-
ployees of the Bureau of Indian Affairs, Department of the Interior,
and the Indian Health Service, Department of Health, Education, and
Welfare, improved retirement provisions to off-set their loss of com-
petitive status for promotions and transfers. The benefits accorded by
the bill are authority to retire on an immediate annuity prior to
December 31, 1985, provided the employee has completed 25 years of
service or after becoming 50 years of age has completed 20 years OFFORD
service and has been continuously employed in the Bureau of Indian
57-010-76-1
2
3
Affairs or the Indian Health Service since June 17, 1974, is not other-
wise entitled to full retirement benefits, and has been passed over on
and Indian Health Service could have far-reaching impact on these
two occasions because of the application of the Indian preference laws;
be employees and possibly on Indian employees as well, since there
and an annuity computation formula providing that an employee
such contracts.
no guarantee that the present employees would be retained under can
covered by the bill shall receive 2½ percent of his "average pay" for
each of the first 20 years of service and 2 percent for each year
the pertinent provisions of the Self-Determination Act did not
That impact, however, is not ascertainable at this point since
thereafter.
BACKGROUND
not become effective until November, 1975.
The Federal policy of according some hiring preference to Indians
(P.L. 93-638) on career employees closely.
The Committee does intend to observe the impact of that Act
in the Indian service dates to at least 1834, though the present statute
giving rise to the bill is the Wheeler-Howard Act of 1934, which re-
STATEMENT
organized the administration of Indian affairs and accorded an em-
ployment preference for qualified Indians.
The substance of S. 509 has been substituted for H.R. 5465, a bill
Stevens with the cosponsorship of Senators Montoya and Domenici.
S. 509 was introduced in the Senate on January 30, 1975, by Senator
For reasons which are not entirely clear, the Indian preference
provision of the 1934 Act, codified in section 472 of title 25, United
States Code, was not enforced beyond the stage of initial appointment
referred to the Committee on May 4, 1976.
until 1972. Subsequent to extensionsion of Indian preference to other
personnel actions, such as promotions to fill vacancies for which an
of concomitant economic loss incurred by those non-preference employees
The bill is intended to redress the loss of career opportunity and
Indian and a non-Indian were competing, two lawsuits were decided
the Bureau of Indian Affairs and Indian Health Service who have
which reaffirmed the preference and its application to promotions,
reassignments to vacant positions, and assignments to training pro-
application of the Indian Preference Act.
enjoyed full competitive status and who have been affected by strict
pursued careers in the civil service under the impression that they
grams (Freeman V. Morton, 499 F. 2d 494 and Morton V. Mancari,
417 U.S. 535).
able Indian self-determination. Many non-preference employees be
itself. Rather, it sees the bill as a step-toward fuller realization of
The Committee in no way questions the Indian preference law
Administration witnesses before the Committee agreed that em-
ployees hired by the affected agencies had, until relatively recently,
understood that they enjoyed full competitive status for personnel
to take advantage of careers outside the Indian agencies, may but for
actions subsequent to initial appointment. The policy of the Bureau
many all. others such opportunities are severely restricted if they exist
of Indian Affairs was stated in section 2 of an August 18, 1966, Per-
who and thus feel trapped in dead-end jobs administering Indian
employees who find promotional opportunities closed to them and
at It makes no sense, in the Committee's view, to have non-Indian
sonnel Management Letter from the Commissioner:
2. POLICY.-It is the policy of the Bureau to give prefer-
ence in initial employment and re-employment to qualified
motivated encumbering these positions while equally frustrated but programs highly
and qualified Indian people must wait for them to
individuals of one-fourth or more degree Indian blood.
their own affairs.
tually vacate these positions before they can gain more control even- over
This preference applies only when an appointment action is
taken. In cases other than the granting of Indian preference
at the time of appointment, equal employment opportunity
Compensation and Employment Benefits:
As one non-Indian employee testified to the Subcommittee on
is provided, on a competitive basis, for all qualified persons,
without regard to race, creed, color, national origin, sex,
We who are urging the passage of this legislation are not
marital status, or physical handicap. This policy shall apply
responsible for any of the alleged wrongs or discrimination
to recruitment, employment, promotion, transfer, selection
during the past 2 or 3 centuries.
which the Indian people may have had visited upon them
for training, and all other personnel actions, programs, and
practices.
Government toward the Indian people. We have done
None of us is in a position to control the policies of the U.S.
While opposing the proposed legislation, Administration witnesses
also conceded that the position in which the non-preference employees
in return for an honest day's pay
utmost to fulfill our obligations to give an honest day's work our
of the Indian service find themselves is unique in the Federal service.
In all sincerity, we cannot dispute the right of the Indian
So long as a qualified Indian applicant is available, these employees
do not enjoy equal opportunity for career advancement. Thus, the
however, in order for the Indian people to exercise their God
people to rule their ówn destinies. As we stated earlier,
law-or at least the Government's failure to properly interpret and
enforce it for a long period-has had a deleterious effect on these
pursue their own goals; to attempt to preserve what remains
given rights to life, liberty and the pursuit of happiness; to
employees.
The Committee is aware, too, that the provisions of the recently
of an ancient culture, an ethnic identity, if you will; then
enacted Indian Self-Determination Act which authorizes tribes to
room for them *
we, the non-preference * * employee, must be displaced to make
contract services presently delivered by the Bureau of Indian Affairs
4
5
The nonpreference employees of BIA and IHS who occupy
COMMITTEE ACTION
management and midlevel positions must be given an incen-
tive to retire and give the surging tide of American Indian
Hearings were held on the bill S. 509 on June 18 and 19, 1975. The
cultural awareness the opportunity to meet the challenges
Committee approved H.R. 5465, after amending it by substituting the
of today.
provisions of S. 509 with amendments by voice vote on May 11, 1976,
Another witness before the Subcommittee, representing the Na-
Senator Fong voting in the negative.
tional Congress of American Indians, generally agreed with the
SECTIONAL ANALYSIS
legislation, saying:
To put in a word for the non-Indian, many of them entered
Section 1 of the bill authorizes payment of an immediate annuity
the service not realizing that opportunities for promotions
to employees without Indian preference who retire prior to Decem-
and advancement would be as limited as they turned out to
ber 31, 1985, and who at the time of retirement have completed at
be under the new "Indian preference" procedures. This is
least 20 years of service and are at least 50 years of age or have com-
not their fault nor could they have possibly foreseen what
pleted 25 years of service, and were continuously employed in the
eventually transpired. We feel that since Indians have pref-
Bureau of Indian Affairs or the Indian Health Service from June 17,
erence-and rightly so-those non-Indians that are in the
1974, until their retirement, are not otherwise entitled to full retire-
Bureau should be eligible for an early out * * * it is a little
ment benefits, and can demonstrate that application of Indian pref-
fearful to imagine a non-Indian teacher or person of similar
erence has denied them career advancement opportunities on at
rank and responsibility, made bitter because of what to him
least two occasions.
would be restrictions placed on his livelihood by Indians, still
The effect of this section is to extend the benefits of the bill to those
responsible to serve Indians. It seems to me that such a situa-
adversely affected employees who will become eligible for retirement
tion is undesirable for everyone.
under the bill's provisions by December 31, 1985, and who elect to
The Subcommittee's hearings on S. 509 also involved the bill S. 771,
retire, provided they are not otherwise entitled to full retirement
introduced February 20, 1975, by Senator McGee. The latter bill is
and were continuously employed by one of the Indian agencies from
intended to assist employees who are displaced or find career oppor-
the date of the Supreme Court's decision in Morton V. Mancari until
their retirement.
tunities foreclosed in the Indian agencies in relocating in other Federal
positions by granting them a preference for vacancies which they are
Section 2 of the bill provides that the annuity of an employee
qualified to fill if they remain ineligible to retire or wish to continue
retired under the authorization established by section 1 shall be 2½
percent of his "average pay" for each of the first 20 years of service
in a civil service career.
The Committee believes that S. 771 has had a desirable effect
and 2 percent of his average pay for each year thereafter. By definition,
in that the Department of the Interior has issued a new Career Place-
average pay is the result of averaging an employee's basic pay in
ment Assistance Program intended to help displaced employees or
effect for any three consecutive years of creditable service.
those who can demonstrate a lack of advancement opportunity in
Section 3 of the bill makes conforming amendments to provisions
locating other positions within the Department. But the initial orien-
of subchapter III of chapter 83, title 5, United States Code, which
tation sessions on that new departmental program did not take place
deal with survivor annuities and annuities and pay on reemployment.
until November 11, 1975; thus the effect of the program cannot be
Section 4 states that amendments made by the bill would take
assessed at this time. In any event, the Committee is concerned that
effect on October 1, 1976, or on the date of enactment, whichever is
positions within the Department for many of the employees involved
later, and shall only apply to employees separated from the service
may prove most difficult, if not impossible, to locate. The Committee
on and after June 17, 1974, the date of the U.S. Supreme Court
requests that the Departments of Interior and Health, Education, and
decision in Morton V. Mancari.
Welfare, and the Civil Service Commission, cooperate to insure the
effective use of all available procedures to relocate displaced employees.
COST
The Committee further requests the Departments to forward reports
The Civil Service Commission has estimated the cost of S. 509 as
by January 1, 1977, relative to the effectiveness of their outplacement
follows:
for assistance, their grades and occupations, and the grades and oc-
programs, including information bearing on the number of applicants
An increase in the normal cost of the Civil Service Retirement
cupations in which they were placed as a result of the program, as
Fund of .02 percent of payroll.
well as the numbers, grades and occupations of those applicants not
An increase in the unfunded liability of the Fund of $167 mil-
relocated. The Committee has accepted in good faith the Interior Depart-
lion, which would require, under the provisions of section 8348(f)
of title 5, United States Code, 30 annual amortization payments
ment's testimony that it will support a legislated outplacement pro-
of approximately $10.4 million each.
gram if its administrative remedy proves unequal to the task.
The cost stemming from application of the benefit to those im-
mediately eligible were estimated as a $110 million increase in the
7
6
unfunded liability, requiring 30 annual payments of $6.8 million,
Estimated annual outlays exceed the annual budget authority
estimates since outlays for early retirement would be paid to the
according to the Commission.
Testimony from the chief statistician of the Bureau of Indian
annuitants during the first ten years while the liability would be
Affairs estimated the potential added cost of the benefit proposed for
amortized over the statutory 30 year period. The 30 years of amortiza-
the 2,808 BIA employees potentially eligible at $160.7 million, as-
tion payments would fund the early retirement benefits except for
suming retirement when last eligible, or $177.1 million, assuming
increases due to future cost-of-living adjustments (see table below).
retirement when first eligible.
5-YR OUTLAYS
The Committee has no information at variance with these esti-
mates, but the adoption of provisions limiting eligibility to those
[In millions of dollars; fiscal years]
who attain 20 years of service by age 50 or 25 years of service at any
1977
1978
1979
1980
1981
age and requiring that an employee be able to demonstrate that his
career advancement has been impeded on at least two occasions by
Outlays based on CSC model
7.4
10.3
16.8
21.3
22.6
the application of Indian preference-provisions adopted subsequent
Annuity increases based on CBO cost-of-
living projections
.4
1.2
2.8
6.1
8.2
to all cost estimates-will reduce the outlays.
Total net outlays
7.8
11.5
19.6
27.4
30.8
CONGRESSIONAL BUDGET OFFICE ESTIMATE
4. Basis for Estimate: S. 509 extends liberalized early retirement
CONGRESS OF THE UNITED STATES,
provisions to an estimated 3,150 employees who meet age and service
CONGRESSIONAL BUDGET OFFICE,
requirements. The enactment cost of the proposed legislation, in the
Washington, D.C., May 11, 1976.
long run, is the difference between the expected value of the liberalized
Hon. GALE McGEE,
early retirement benefits less the expected value of the normal retirement
Chairman, Committee on Post Office and Civil Service,
benefits. (Under current requirements employees usually must be age
U.S. Senate, Washington, D.C.
55 with 30 years of service or age 60 with 20 years of service to retire.)
DEAR MR. CHAIRMAN: Pursuant to Section 403 of the Congressional
The critical variables in estimating the five-year cost impact of
Budget Act of 1974, the Congressional Budget Office has prepared
S. 509 are the number of participants, their average salary, and the
the attached cost estimate for S. 509, a bill to revise retirement
unfunded liability cost factor. Data necessary for the determination
benefits for certain employees of the Bureau of Indian Affairs and
of these variables were provided by the Civil Service Commission at
the Indian Health Service not entitled to Indian preference, and for
the request of CBO and are based on Bureau of Indian Affairs testi-
other purposes.
mony of June 19, 1975, before the Senate Subcommittee on Compensa-
Should the Committee so desire, we would be pleased to provide
tion and Employee Benefits. In deriving the unfunded liability esti-
further details on the attached cost estimate.
mate, the Civil Service Commission followed its customary practice
Sincerely,
of not including cost-of-living adjustments in its calculations.
ALICE M. RIVLIN, Director.
Cost variables
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
(A) Number of participants
3, 150
(B) Average salary
$17,213
MAY 10, 1976.
(C) Unfunded liability cost factor (represents the longrun cost increase
for each additional dollar of unfunded liability)
$3.10
1. Bill No: S. 509.
(D) Increase in unfunded liability (derived from multiplying (AXBXC))
2. Purpose of bill: To revise retirement benefits for certain em-
(millions)
$168. 1
ployees of the Bureau of Indian Affairs and the Indian Health Service
Budget authority (annual payments for 30 years amortized at 5
not entitled to Indian preference and for other purposes.
percent) (millions)
$10. 4
3. Cost estimate: Enactment of S. 509 would increase the unfunded
The outlays for fiscal years 1977-1981 (see table below) are in
liability of the Civil Service Retirement system by an estimated
accordance with mortality assumptions provided by the Civil Service
$168.1 million. An annual appropriation of $10.4 million over the
Commission and CBO cost-of-living assumptions.
next 30 years would need to be requested by the Civil Service Com-
mission to amortize the increased liability. Outlays represent the
5-YR OUTLAYS
payment of benefits to individuals who would qualify for the liberalized
[In millions of dollars]
early retirement provisions of the proposed legislation.
Increase in
Cost-of-living
Total net
Fiscal year-
Base
1
participation
Subtotal
increases
outlays
COSTS
[In millions of dollars: fiscal years]
1977
7.1
0.3
7.4
0.4
7.8
1978
7.6
2.7
10.3
1.2
11.5
1979
12.7
4.1
16.8
2.8
19.6
1977
1978
1979
1980
1981
1980
20.4
.9
21.3
6.1
27.4
1981
21.7
is
22.6
8.2
30.8
10.4
10.4
10.4
10.4
10.4
Budget authority
7.8
11.5
19.6
27.4
30.8
1 Base includes full-year cost of increased participation from prior year and decreases attributable to a mortality factor
Outlays
assumption of 0.98 provided by the Civil Service Commission.
$ Costs for annuity increases resulting from cost-of-living adjustments based on CBO 5-yr budget projections.
8
g
5. Estimate comparison: Not applicable.
6. Previous CBO estimate: Not applicable.
The Commission does not believe the present situation justifies
7. Estimate prepared by: David M. Delquadro.
granting such liberalized retirement benefits to non-Indian employees
8. Estimate approved by:
for
James
,
IL.
Blum,
of BIA and IHS. While their career prospects in BIA and IHS could
Assistant Director for Budget Analysis.
be limited, they are not in danger of losing their jobs. BIA and IHS
employees also have the option of transferring to other positions
elsewhere in the Departments of the Interior, Health, Education,
and Welfare, and other Federal agencies where greater opportunity
AGENCY VIEWS
for further advancement exists: There is no indication that these
employees cannot have full and satisfying careers in other agencies
U.S. CIVIL SERVICE COMMISSION,
or in other activities. Moreover, limited promotion ladders should
Washington, D.C., May 20, 1975.
not become a charge against the retirement systèm as proposed by
S. 509.
Hon. GALE W. McGEE,
Commission representatives have been in close touch with officials
Chairman, Committee on Post Office and Civil Service,
at the departments involved. We have been assured that both BIA
U.S. Senate, Washington, D.C.
and IHS are sensitive to the situation and that opportunities do
DEAR MR. CHAIRMAN: This is in further reply to your request for
exist for many non-Indians to fulfill their hopes and aspirations for
the Commission's views on S. 509, a bill "To revise retirement benefits
the future through careers elsewhere in the Federal service.
for certain employees of the Bureau of Indian Affairs and the Indian
Understandably, some non-Indian employees are interested in
Health Service not entitled to Indian preference, provide greater
leaving the Bureau of Indian Affairs because of their concern over the
opportunity for advancement and employment of Indians, and for
application of the Indian preference laws. The Commission's 65 area
other purposes."
offices have been alerted to this situation and have been instructed
On June 17, 1974 (in Morton V. Mancari, 42 U.S.L.W. 4933 (U.S.
to give all possible assistance to non-Indian employees who have
June 17, 1974)), the Supreme Court held that the Indian preference
expressed an interest in leaving the Indian agencies, and to alert
provision (Section 12) of the Indian Reorganization Act of 1934
other Federal agencies to the availability of such employees.
(Wheeler-Howard Act) was not repealed by the Equal Employment
If S. 509 is enacted, we estimate that the normal cost of the Civil
Opportunity Act of 1972 and does not violate the Due Process Clause
Service Retirement System for all employees would be increased by
of the Fifth Amendment. With regard to the applicability of Indian
0.02 percent of payroll and the unfunded liability of the Civil Service
preference to promotions, the Court did not express an opinion, but
Retirement and Disability Fund by $167.1 million. Under the financ-
noted "The Commissioner's extension of the preference in 1972 to
ing provisions of section 8348(f) of title 5, United States Code,
promotions within the BIA was designed to bring more Indians into
this amount would be amortized in 30 equal annual installments of
positions of responsibility and, in that regard, appears to be a logical
approximately $10.4 million.
extension of the congressional intent." 42 U.S.L. W. at 4936. However,
In conclusion, for the reasons stated above, the Commission is
in Freeman v. Morton, 499 F. 2d 494 (D.C. Cir. 1974), the court held
strongly opposed to enactment of S. 509.
that the law requires that Indian preference be applied to initial
The office of Management and Budget advises that, from the
hiring, promotions, lateral transfers and reassignments. As a result
standpoint of the Administration's program, there is no objection to
of that decision, it would appear that certain non-Indian employees
the submission of this report.
of BIA (now BIA and the Indian Health Service (IHS)) would not
:
By direction of the Commission:
receive any further promotions if qualified Indians applied for the
Sincerely yours,
positions involved.
ROBERT HAMPTON,
S. 509, if enacted, would provide optional retirement after 20 years
Chairman.
of service (not necessarily with BIA or IHS) for those non-Indian
employees of BIA and IHS who have been continuously employed
by that agency since June 17, 1974 (the date of the Supreme Court
U.S. DEPARTMENT OF THE INTERIOR,
decision) and who will complete 20 years of service before Decem-
OFFICE OF THE SECRETARY,
ber 31, 1985. Furthermore, the bill provides that the annuities of
Washington, D.C., June 17, 1975.
these employees would amount to 2½ percent of average pay multi-
Hon. GALE W. McGEE,
plied by the first 20 years of service plus 2 percent of the average
Chairman, Committee on Post Office and Civil Service, U.S. Senate,
pay multiplied by years of service over 20 (with no reduction for
Washington, D.C.
age). In other words, those qualified non-Indian employees (who in
DEAR MR. CHAIRMAN: This responds to your request for the views
certain cases may be in their early forties or even younger) would
of this Department on two bills: S. 509, a bill "To revise retirement
have the opportunity to retire with an annuity equal to that of most
benefits for certain employees of the Bureau of Indian Affairs and the
Federal employees retiring at age 60 or over with approximately
Indian Health Service not entitled to Indian preference, provide
27 years of service.
greater opportunity for advancement and employment of Indians, FORD
S.R. 828-2
GERALD
LIBRARY
10
11
and for other purposes;" and S. 771, a bill "To assist certain employees
which did not improve promotional prospects. Indian preference is
of the United States in finding other employment in the civil service."
also utilized in establishing employee retention registers for use in
We recommend against enactment of both bills. The Department
reductions-in-force situations.
is currently in the process of formulating an assistance program to
In addition, the BIA now encourages tribes to contract for control
resolve the problem addressed by S. 509 and S. 771 and we believe
and operation of most BIA reservation level activities and the Jan-
that this available administrative solution is the most viable approach.
uary 1975 enactment of section 102 of the Indian Self-Determination
Act (88 Stat. 2206; 25 U.S.C.A. 450f) directs the contracting of most
PROVISIONS OF S. 509 AND S. 771
BIA activities "upon the request of any Indian tribe".
We understand that both S. 509 and S. 771 are intended to releive
CASE LAW ON INDIAN PREFERENCE
the situation of those civil service employees of the Bureau of Indian
Affairs and Indian Health Service who are not eligible for "Indian
Two recent court decisions have upheld the validity of section 12
preference" in promotions, lateral transfers, and reassignments within
of the Indian Reorganization Act, and its application to initial hires,
those agencies. Both bills relate to non-Indian preference employees
promotions, transfers and reassignments.
who were employed by the BIA or IHS on June 17, 1974, the date of
On April 25, 1974, the United States Court of Appeals for the Dis-
the U.S. Supreme Court decision on the subject of Indian preference.
trict of Columbia in Freeman V. Morton, 499 F. 2d 494, upheld an
The bills are based upon the theory that the Supreme Court decision
unreported District Court decision in a suit brought by four Indian
of 1974 which established absolute Indian preference in BIA and IHS
BIA employees. The Court held that under the 1934 Indian preference
employment caught non-Indian preference employees in mid-career
provision Indian preference applies to the filling of all vacancies in the
and left them with little opportunity for advancement in those
BIA, including initial hires, promotions lateral transfers, and reassign-
ments in the Bureau, and that no exceptions are possible where there
agencies.
Both bills propose relief by authorizing special treatment designed
is at least a minimally qualified candidate who is eligible for Indian
to encourage non-Indian preference employees to leave the BIA and
preference.
to aid in their departure. S. 509 does SO by authorizing earlier and
On June 17, 1974 the U.S. Supreme Court in an 8-0 decision (Morton
more advantegeous civil service retirement benefits for non-Indian
V. Mancari, 417 U.S. 535) reversed the decision of a three-judge
preference employees and S. 771 does SO by providing for the place-
District Court for the District of New Mexico which had held, in a
ment of such employees in civil service positions in other Federal
suit by a group of non-Indian BIA employees, that the 1934 Indian
preference provision (25 U.S.C. 472) had been impliedly repealed by
agencies.
enactment of Section 11 of the Equal Employment Opportunity Act
BACKGROUND
of 1972 (86 Stat. 111; 42 U.S.C. 2000 e-16), prohibiting discrimination
A number of provisions concerning Indian preference in Federal
in most Federal employment on the basis of race.
"Indian Service" employment had been enacted by the Congress
The Court held that Indian preference was not a racial preference
during the 19th and early 20th centuries (see for example 25 U.S.C.
but, rather, it was an employment criterion reasonably designed to
44-47). However, the broadest and most modern provision, and the
further the cause of Indian self-government and to make the BIA
one on which the current Indian preference requirements are based,
more responsive to the needs of its constituent groups.
is section 12 of the Indian Reorganization Act of 1934 (48 Stat. 986;
DRAFT DEPARTMENTAL ASSISTANCE PROGRAM
25 U.S.C. 472) which provides:
"The Secretary of the Interior is directed to establish standards of
This Department is aware that the Freeman and Mancari decisions
health, age, character, experience, knowledge, and ability for Indians
and the implementation of the Indian Self-Determination Act will,
who may be appointed without regard to civil-service laws, to the
in many cases, have an adverse impact upon both non-Indian and
various positions maintained, now or hereafter, by the Indian Office,
Indian employees of the BIA. The Department is committed to pro-
in the administration of functions or services affecting any Indian
viding placement assistance to those Indian and non-Indian employees
tribe. Such qualified Indians shall hereafter have the preference to
of the BIA whose jobs or opportunities have been foreclosed by either
appointment to vacancies in any such position."
Indian preference or the Department's Indian Self-Determination
Prior to 1972, the Indian preference provision was administered by
policy, and has been formulating a program to provide such assistance.
the Bureau of Indian Affairs as applying only to initial appointments
The program is in the process of being finalized and has not yet been
and not to subsequent promotions. In 1972 the BIA policy was
implemented. The draft program is currently being reviewed by the
changed to extend the preference to promotions, transfers from outside
bureaus within the Department, at both field and headquarters levels.
the BIA, and reassignments within the BIA which improved pro-
The draft program will assist BIA employees with placement
motional prospects. The 1972 policy provided the possibility for the
within other bureaus in the Department, and with locating reassign-
Commissioner of Indian Affairs to grant exceptions to Indian prefer-
ments in other Federal agencies.
ence by approving the selection and appointment of non-Indians
Within the Department, mandatory placement assistance would
when he considered it in the best interest of the Bureau. The 1972
be given to competitive career and career-conditional BIA employees
policy did not extend Indian preference to purely lateral reassignments
when: (1) there is a reduction in force and there are no opportunities
12
13
for reassignment within the BIA; (2) an activity or function is being
displaced. With regard to the impact of this provision we defer to the
contracted by a tribe and the employee's position is being abolished;
Civil Service Commission. However, we would note that a significant
and (3) it is imperative to reassign an employee because of certain
distinction exists between persons who are actually displaced through
hardships such as ill-health, loss of effectiveness with a tribe, or
formal procedures and those whose promotional opportunities are
other compelling circumstances. Two position offers would be made
either limited or might be limited by Indian preference requirements.
to employees under the mandatory placement provisions.
It is almost impossible to estimate how many employees would be
Priority placement assistance would be afforded to competitive
affected by these provisions, especially since the definition of "dis-
career and career-conditional BIA employees who can demonstrate
placed" is SO general.
that they no longer have an opportunity for career advancement in
While we believe that there might be merit to a Government-wide
the Bureau because of Indian preference regulations.
placement program, we feel that S. 771 is premature in light of the
present administrative efforts. Further before such an approach is
RECOMMENDATIONS
legislated, the Federal agencies involved should be given the oppor-
tunity to work together to arrive at a solution.
We are opposed to the provisions of S. 509. Enactment of this
With regard to the provisions of both bills which concern the
legislation could deprive the Bureau of Indian Affairs of an inordinately
Indian Health Service, we defer in our views to the Department of
large number of highly experienced employees with technical and
Health, Education, and Welfare.
managerial expertise at a time when their skills and experience are
The Office of Management and Budget has advised that there is no
most needed by the BIA. It could remove from the mainstream of
objection to the presentation of this report from the standpoint of
public service exceptionally well-qualified and dedicated professionals.
the Administration's program.
Our estimate is that this legislation could affect approximately 1600
Sincerely yours,
employees who might choose early retirement thereunder. The impact
JAMES T. CLARKE,
of this legislation, therefore, could be counterproductive to the
Assistant Secretary of the Interior.
Department's mission of providing services and assistance to Indians.
With regard to the impact that this legislation would have on the
Civil Service Retirement Fund we defer in our views to the Civil
Service Commission.
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE,
The provisions of S. 509, for the above reasons, do not provide a
June 6, 1975.
viable solution to the problems created by Indian preference. In our
Hon. GALE McGEE,
judgment, our draft program which would assist BIA employees
Chairman, Committee on Post Office and Civil Service,
nationwide, is a more viable alternative, and would avoid the adverse
U.S. Senate, Washington, D.C.
result that enactment of S. 509 may have.
DEAR MR. CHAIRMAN: This letter is in response to your request of
We are also opposed to enactment of S. 771. Since the Department
April 17, 1975, for a report on S. 509, a bill "To revise retirement
is committed to its draft assistance program, we believe that this
benefits for certain employees of the Bureau of Indian Affairs and the
available administrative solution should be adopted and tried before
Indian Health Service not entitled to Indian preference, provide
any solutions are mandated by legislation.
greater opportunity for advancement and employment of Indians,
Pursuant to the legislation any displaced employee of the BIA
and for other purposes."
would be given priority consideration for any vacancy in the competi-
The bill would revise retirement benefits for certain employees of
tive service for which he is qualified. Further, upon request to the
the Bureau of Indian Affairs and the Indian Health Service (IHS)
Civil Service Commission, the displaced employee's name shall be
not entitled to Indian preference.
placed on all registers maintained by the Commission, and entered
The Department of Health, Education, and Welfare believes that
ahead of all others, including preference eligibles, having the same
the current situation in IHS does not warrant granting such liberalized
rating. Finally, the Secretary of the Interior shall assist the Com-
retirement benefits to non-Indian employees. Our critical manpower.
mission in identifying those employees "who are likely to become
needs in IHS are for doctors, nurses, and para-medical personnel
displaced.
Many of these positions are now occupied by non-Indian employees
The Civil Service Commission already operates a Displaced Em-
due to the lack of qualified Indian employees. While every effort is
ployee Program, and if S. 771 was enacted, those eligible for place-
being made to train more Indian employees to fill these needs, there
ment thereunder would not only be placed ahead of preference eligi-
is an inadequate supply of trained Indian personnel available at this
bles including veterans but would also be competing with those dis-
time. Therefore, enactment of this proposed legislation could lead to
placed employees already participating in the Commission's program.
an increase in the number of early retirements by non-Indians. This
Further, under S. 771 BIA employees would not have to be actually
could have an adverse effect on the Federal Government's ability to
displaced to qualify under the bill's provisions, but only to have "not
deliver quality health care to the Indians. As an adequate supply of
receive[d] consideration for promotion, transfer, or training.
qualified Indians becomes available to handle their health care needs,
Employees of the BIA not actually displaced would be competing
we will expand career programs to provide opportunities throughout
with employees under the Commission's program who actually are
14
15
the Department of Health, Education, and Welfare for non-Indian
and the Indian Health Service are considerably more generous than
employees desiring transfers.
those usually available under the Civil Service retirement system.
We therefore recommend that S. 509 not be favorably considered.
Our Office generally has not favored legislation which grants prefer-
We are advised by the Office of Management and Budget that there
ential treatment for specific groups or classes of employees under the
is no objection to the presentation of this report from the standpoint
Civil Service retirement system in the absence of a compelling reason.
of the Administration's program.
However, we recognize that a recent Supreme Court decision is
Sincerely,
significant in this regard. In Morton V. Mancari, 417 U.S. 535 (1974),
CASPAR W. WEINBERGER,
the Supreme Court reaffirmed and upheld the policy, as enunciated
Secretary.
by Congress in prior legislation, of providing Indian employees of the
Bureau of Indian Affairs with employment and promotional prefer-
ences. This decision and its likely impact on the careers of non-Indian
EXECUTIVE OFFICE OF THE PRESIDENT,
employees in the Bureau of Indian Affairs was recognized and em-
OFFICE OF MANAGEMENT AND BUDGET,
phasized by the sponsors of this bill and may serve as sufficient justi-
Washington, D.C., May 20, 1975.
fication for congressional consideration of the preferential legislation.
Hon. GALE W. McGEE,
Section 1 of the bill would authorize payment of an immediate
Chairman, Committee on Post Office and Civil Service,
annuity to non-Indian employees who retire prior to December 31,
U.S. Senate, Washington, D.C.
1985, and at the time of retirement (1) have completed at least 20
DEAR MR. CHAIRMAN: This is in reply to the Committee's request
years of service, (2) have been continuously employed in the Bureau
for the views of this Office on S. 509, "To revise retirement benefits
of Indian Affairs or the Indian Health Service since June 17, 1974,
for certain employees of the Bureau of Indian Affairs and the Indian
and (3) are not otherwise entitled to full retirement benefits.
Health Service not entitled to Indian preference, provide greater op-
The bill contains no limitations with regard to an employee's age
portunity for advancement and employment of Indians, and for other
at the time of retirement nor does it contain requirements for reducing
purposes."
annuities in cases where employees retire before a specified age. In
The purpose of this bill is to grant preferential retirement benefits
contrast, most Federal employees under the Civil Service retirement
to certain non-Indian employees of the Departments of Interior,
system may retire and receive an immediate annuity only at the fol-
and Health, Education, and Welfare. In its report the Civil Service
lowing ages and then only if they have at least the amounts of Federal
Commission states its reasons for strongly opposing enactment of
service shown:
S. 509.
We concur in the views expressed by the Civil Service Commission
Years of
and, accordingly, strongly recommend against enactment of S. 509.
Earliest age
service
Remarks
Sincerely,
62
5
JAMES M. FREY,
60,
20
Assistant Director for
55
30
50
20 Must be involuntarily separated; annuity reduced by 16 of 1 percent
Legislative Reference.
for each month under age 55.
Any
25
Do.
Any
5 Must be totally disabled.
COMPTROLLER GENERAL OF THE UNITED STATES,
Washington, D.C., May 30, 1975.
Section 2 of the bill proposes that the annuity of a non-Indian
B-161468.
employee of the Bureau of Indian Affairs or the Indian Health Services
Hon. GALE McGEE,
who retires under the authorization provided in section 1 shall be 2½
Chairman, Committee on Post Office and Civil Service,
percent of his "average pay" for each of the first 20 years of service
U.S. Senate.
and 2 percent of his average pay for each year thereafter. By definition,
DEAR MR. CHAIRMAN: Reference is made to your letter of Febru-
the term "average pay" means the largest annual rate resulting from
ary 11, 1975, requesting our comments on S. 509, 94th Congress, a
averaging an employee's basic pay in effect over any 3 consecutive
years of creditable service (high-3 average salary). In contrast,
bill which, if enacted, would revise retirement benefits for certain
employees of the Bureau of Indian Affairs and the Indian Health
most civil service annuities are computed on the basis of high-3
average salaries multiplied by 1.5 percent for each of the first 5 years
Service not entitled to Indian preference and provide greater oppor-
tunity for advancement and employment of Indians. The purpose of
of service, 1.75 percent for each of the next 5 years of service, and
2 percent for each year of service over 10 years.
the bill is to encourage the early retirement of non-Indian employees
The retirement benefits proposed under S. 509 are more liberal than
in order to provide for greater employment and advancement oppor-
the benefits available to certain other groups of Federal employees that
tunities for Indians.
As indicated below, the retirement benefits proposed to be made
have been granted special treatment. For example air traffic con-
available to non-Indian employees of the Bureau of Indian Affairs
16
17
trollers may retire after 20 years of service but they must be at least
benefits, and (4) is not an Indian entitled to a preference under section 12
50 years of age (or after 25 years without regard to age) and their
of the Act of June 18, 1934 (48 Stat. 986) or any other provision of law
annuities are computed as stated above instead of the 2½ percent
granting a preference to Indians in promotions and other personnel
of average pay for each of the first 20 years of service provided for in
actions.
S. 509. We would also point out that while firefighters and law enforce-
[(h)] (i) An annuity or reduced annuity authorized by this section
ment personnel (whose annuities are computed in the same manner
is computed under section 8339 of this title.
as provided in the bill) may retire after 20 years of service, they also
must be be at least 50 years of age.
At the end of fiscal year 1974 the Bureau of Indian Affairs had
§ 8339. Computation of annuity
13,901 employees and the Indian Health Service had 7,881 employees.
(a)
*
*
*
Information was not readily available regarding the number of these
*
*
*
employees who would be eligible for the retirement benefits proposed
to be made available under S. 509. The Civil Service Commission
(f) The annuity computed under subsections (a)-(e) and (n) of this
estimated, however, that the bill would increase "normal cost" by
section may not exceed 80 percent of-
.02 percent of payroll. The bill also would create a liability of $167
(1) the average pay of the employee; or
million to the Civil Service Retirement Fund which would require
(2) the greatest of-
30 annual amortization payments of $10.4 million each to the fund.
(A) the final basic pay of the Member;
Sincerely yours,
(B) the average pay of the Member; or
R. F. KELLER,
(C) the final basic pay of the appointive position of a
Deputy Comptroller General.
former Member who elects to have his annuity computed or
recomputed under section 8344(b) (1) of this title.
CHANGES IN EXISTING LAW
(g) The annuity of an employee or Member retiring under section
8337 of this title is at least the smaller of-
In compliance with subsection 4 of rule XXIX of the Standing
(1) 40 percent of his average pay; or
Rules of the Senate, changes in existing law made by the bill as
(2) the sum obtained under subsections (a)-(c) of this section
reported are shown as follows (existing law in which no change is
after increasing his service of the type last performed by the
proposed is shown in roman; existing law proposed to be omitted is
period elapsing between the date of separation and the date he
enclosed in black brackets; new matter is shown in italic):
becomes 60 years of age.
(h) The annuity computed under subsections (a), (b), and (f) of
TITLE 5, UNITED STATES CODE
this section for an employee retiring under section 8336(d) of this
title is reduced by 1/6 of 1 percent for each full month the employee is
*
*
*
*
*
*
under 55 years of age at the date of separation. The annuity computed
under subsections (c) and (f) of this section for a Member retiring
PART III-EMPLOYEES
under the second or third sentence of section 8336(g) of this title or
the third sentence of section 8338(b) of this title is reduced by 1/12 of
*
*
*
*
*
1 percent for each full month not in excess of 60 months, and 1/6 of 1
percent for each full month in excess of 60 months, the Member is
SUBPART G-INSURANCE AND ANNUITIES
under 60 years of age at the date of separation.
*
(i) The annuity computed under subsections (a)-(h) and (n) of this
section is reduced by 10 percent of a deposit described by section
8334(c) of this title remaining unpaid, unless the employee of Member
CHAPTER 83-RETIREMENT
elects to eliminate the service involved for the purpose of annuity
*
*
*
*
*
computation.
(j) The annuity computed under subsections (a)-(i) and (n) of this
8336. Immediate retirement
section for a married employee or Member retiring under this sub-
(a)
*
chapter, or any portion of that annuity designated in writing for the
*
*
purpose of section 8341(b) of this title by the employee or Member at
the time of retirement, is reduced by 2½ percent of SO much thereof
(h) An employee is entitled to an annuity if he (1) is separated from
as does not exceed $3,600 and by 10 percent of SO much thereof as
the service after completing 25 years of service before December 31, 1985,
exceeds $3,600, unless the employee or Member notifies the Civil
or after becoming 50 years of age and completing 20 years of service before
Service Commission in writing at the time of retirement that he does
December 31, 1985, (2) was employed in the Bureau of Indian Affairs
not desire any spouse surviving him to receive an annuity under sec-
or the Indian Health Service continuously from June 17, 1974, to the
tion 8341 (b) of this title. An annuity which is reduced under this sub-
date of his separation, (3) is not otherwise entitled to full retirement
section or any similar prior provision of law shall, for each full month
18
19
during which a retired employee or Member is not married, be recom-
8341. Survivor annuities
puted and paid as if the annuity had not been SO reduced. Upon re-
(a)
*
*
marriage of the retired employee or Member, the annuity shall be
reduced by the same percentage reductions which were in effect at the
time of retirement.
(b) (1) Except as provided in paragraph (2) of this subsection,
(k) (1) At the time of retiring under section 8336 or 8338 of this title,
if an employee or Member dies after having retired under this sub-
an unmarried employee or Member who is found to be in good health
chapter and is survived by a spouse to whom he was married at the
time of retirement, or by a widow or widower whom he married after
by the Commission may elect a reduced annuity instead of an annuity
computed under subsections (a)-(i) and (n) of this section and name
retirement, the spouse, widow, or widower is entitled to an annuity
equal to 55 percent, or 50 percent if retired before October 11, 1962,
in writing an individual having an insurable interest in the employee
of an annuity computed under section 8339(a)-(i) and (n) of this title
or Member to receive an annuity under section 8341(c) of this title
after the death of the retired employee or Member. The annuity of the
as may apply with respect to the annuitant, or of such portion thereof
employee or Member making the election is reduced by 10 percent,
as may have been designated for this purpose under section 8339(j)
of this title, unless the employee or Member has notified the Commis-
and by 5 percent for each full 5 years the individual named is younger
than the retiring employee or Member. However, the total reduction
sion in writing at the time of retirement that he does not desire any
spouse surviving him to receive his annuity.
may not exceed 40 percent.
(2) If an annuitant—
(2) An employee or Member, who is unmarried at the time of
(A) who retired before April 1, 1948; or
retiring under a provision of law which permits election of a reduced
annuity with a survivor annuity payable to his spouse and who later
(B) who elected a reduced annuity provided in paragraph
(2) of section 8339 (k) of this title;
marries, may irrevocably elect, in a signed writing received in the
dies and is survived by a widow or widower, the widow or widower is
Commission within 1 year after he marries, a reduction in his current
entitled to an annuíty in an amount which would have been paid had
annuity as provided in subsection (j) of this section. His reduced
the annuitant been married to the widow or widower at the time of
annuity is effective the first day of the month after his election is
retirement.
received in the Commission. The election voids prospectively any
(3) A spouse acquired after retirement is entitled to a survivor
election previously made under paragraph (1) of this subsection.
(1) The annuity computed under subsections (a)-(k) and (n) of this
annuity under this subsection only upon electing this annuity instead
of any other survivor benefit to which he may be entitled under this
section for an employee who is a citizen of the United States is in-
subchapter or another retirement system for Government employees.
creased by $36 for each year of service in the employ of-
(1) the Alaska Engineering Commission, or The Alaska Rail-
The annuity of the spouse, widow, or widower under this subsection
commences on the day after the annuitant dies. This annuity and the
road in Alaska between March 12, 1914, and July 1, 1923; or
(2) The Isthmian Canal Commission, or the Panama Railroad
right thereto terminate on the last day of the month before the spouse,
widow, or widower-
Company on the Isthmus of Panama between May 4, 1904, and
(A) dies; or
April 1, 1914.
(B) remarries before becoming 60 years of age.
(m) In determining service for the purpose of computing an annuity
(c) The annuity of a survivor named under section 8339(k) of this
under each paragraph of this section, 45 per centum of each year, or
title is 55 percent of the reduced annuity of the retired employee or
fraction thereof, of service referred to in section 8332(b)(6) which
Member. The annuity of the survivor commences on the day after
was performed prior to the effective date of the National Guard Tech-
the retired employee or Member dies. This annuity and the right
nicians Act of 1968 shall be disregarded.
thereto terminate on the last day of the month before the survivor dies.
(n) In computing any annuity under subsections (a)-(e) and (n)
(d) If an employee or Member dies after completing at least 18
of this section, the total service of an employee who retires on an
months of civilian service, his widow or widower is entitled to an
immediate annuity or dies leaving a survivor or survivors entitled to
annuity includes, without regard to the limitations imposed by sub-
annuity equal to 55 percent of an annuity computed under section
section (f) of this section, the days of unused sick leave to his credit
[8339 (a)-(f) and (i) section 8339 (a)-(f), (i) and (n) of this title as
under a formal leave system, except that these days will not be counted
may apply with respect to the employee or Member, except that, in
in determining average pay or annuity eligibility under this subchapter.
computation of the annuity under such section, the annuity of the
(n) The annuity of an employee retiring under section 8336(h) of
employee or Member shall be at least the smaller of-
(1) 40 percent of his average pay; or
this title is:
(2) the sum obtained under such section after increasing his
(A) 2½ percent of his average pay multiplied by so much of his
service of the type last performed by the period elapsing between
total service as does not exceed 20 years; plus
(B) 2 percent of his average pay multiplied by so much of his
the date of death and the date he would have become 60 years of
total service as exceeds 20 years.
age.
The annuity of the widow or widower commences on the day after the
*
employee or Member dies. This annuity and the right thereto termi-
nate on the last day of the month before the widow or widower-
20
(A) dies; or
(B) remarries before becoming 60 years of age.
(e) * * *
*
*
*
*
*
*
*
§ 8344. Annuities and pay on reemployment
(a) If an annuitant receiving annuity from the Fund, except-
(1) a disability annuitant whose annuity is terminated because
of his recovery or restoration of earning capacity;
(2) An annuitant whose annuity is based on an involuntary
separation from the service other than an automatic separation;
or
(3) a Member receiving annuity from the Fund;
becomes employed after September 30, 1956, or on July 31, 1956, was
serving, in an appointive or elective position, his service on and after
the date he was or is SO employed is covered by this subchapter.
Deductions for the Fund may not be withheld from his pay. An amount
equal to the annuity allocable to the period of actual employment
shall be deducted from his pay, except for lump-sum leave payment
purposes under section 5551 of this title. If the annuitant serves on a
full-time basis, except as President, for at least 1 year in employment
not excluding him from coverage under section 8331 (1) (i) or (ii) of
this title—
(A) his annuity on termination of employment is increased by
an annuity computed under section 8339 (a), (b), (d), (e), (h),
[and (i) (i) and (n) of this title as may apply based on the
period of employment and the basic pay, before deduction,
average during that employment; and
(B) * * *
*
*
*
*
*
*
*
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
Bureau of Indian Affairs
Legislative Report
94th Congress - 2nd Session
Period Ending July 2
1976
June 15
Rep's. Risenhoover and others introduced H.J.Res. 990, authorizing the
President to proclaim the week of October 10 through 16, 1976, as "Native
American Awareness Week"; to Post Office and Civil Service Com.
The Senate passed S. 2477, to provide more effective disclosure to
Congress and the public of certain lobbying activities to influence
issues before the Congress.
The Senate passed H.R. 12567, authorizing funds for activities under the
Federal Fire Prevention and Control Act through FY 1978.
The Senate Indian Affairs Subcom. held hearings on S. 3515, authorizing
the Wichita Indian Tribe of Oklahoma, and its affiliated bands and
groups of Indians, to file with the Indian Claims Commission their
claims against the United States for lands taken without adequate compensation,
receiving testimony from Commissioner of Indian Affairs, Department of
Justice; Indian Claims Commission, and Newton Lamar, of the Wichita
Executive Committee.
June 16
The Senate passed H.R. 12169, extending the Federal Energy Administration
until Sept. 30, 1977, after substituting the language of S. 2872.
Rep. Lujan introduced H.R. 14413, to clarify and strengthen the authority
for certain Department of the Interior law enforcement services, activities,
and officers in Indian country, and for other purposes; to Interior Com.
Rep's. Meeds, Lujan, Don H. Clausen, and Symms introduced H.R. 14417, to
authorize Indian tribes to consolidate their land holdings, to provide
for inventories of Indian trust resources, and for other purposes; to
Interior Com.
FORD LIBRAR & CERALD
2
June 17
The Senate Appropriations Com. filed its report on H.R. 14236, making FY
1977 appropriations for public works projects (S.Rpt. 94-960).
The Senate Interior Com. held hearings on S. 2630 and H.R. 10138, creating
a Young Adult Conservation Corps to employ young adults between the ages
of 19 and 24 on a year-round basis to undertake important conservation
work on the Nation's public lands, receiving testimony from Dept's. of
the Interior and Agriculture; and S. Bobo Dean, representing the Oglala
Sioux Tribe, Nez Perce Tribe, Pueblo of Laguna, and Metlakatla Indian
Community.
June 18
The House passed H.R. 14239, making FY 1977 appropriations for the
Dept's. of State, Justice, Commerce, and the Judiciary.
The House Government Operations Com.'s Subcommittee on Government Activities
and Transportation approved for full committee action a clean bill in
lieu of H.R. 9593, [H.R. 14451] to permit the donation of Federal surplus
personal property to the States for public purposes.
The House Interior Com's Subcommittee on National Parks and Recreation
held a hearing on H.R. 1629, H.R. 10307, and S. 67, to establish the
Nantucket Sound Islands Trust in the Commonwealth of Massachusetts and
provide Federal recognition to the Wampanoag Tribe.
June 21
Rep. Steelman introduced H.R. 14483, to establish a Minority Business
Development and Assistance Administration in the Department of Commerce
for the purpose of improving Federal assistance to minority business
enterprises, and for other purposes; jointly to the Committees on Banking,
Currency and Housing, and Government Operations.
The House concurred in the Senate amendment to H.R. 12567, to authorize
FY 1977 and 1978 appropriations for the Federal Fire Prevention and
Control Act of 1974 and the Act of March 3, 1901, clearing it for Presidential
action.
3
June 22
The House received the conference report (HRpt. 94-1290 on S. 3295, to
extend the authorization for annual contributions under the U.S. Housing
Act of 1937, to extend certain housing programs under the National
Housing Act, and for other purposes.
The House received the conference report on S. 3184, the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act Amendments of 1976.
The Senate Interior Com. filed its report (94-972) on S. 877, to direct
the Secretary of the Interior to purchase and hold certain lands in
trust from the Zuni Indian Tribe; to confer jurisdiction on the Court of
Claims with respect to land claims of such tribe; and to authorize such
tribe to purchase and exchange lands in the States of New Mexico and
Arizona.
The House received the GAO's report on opportunities for Federal agencies
with management responsibilities in the water resources area to promote
more efficient use of irrigation; jointly to the Committees on Government
Operations, Agriculture, and Interior and Insular Affairs.
The House referred H.R. 5465, employment preference for certain employees
of the Bureau of Indian Affairs, to Com. on Appropriations.
The Senate Judiciary Com's. Subcommittee on Administrative Practice and
Procedure held oversight hearings on the effects of the recent Supreme
Court decision of Colorado River Water Conservation District, et al. V.
United States, which case interprets the McCarren Act (43 U.S.C. 666) as
subjecting Indian rights to the use of water to State court jurisdiction
for adjudication.
The House Interior Com's. Subcommittee on Public Lands held hearings on
S. 302, to study certain lands in the Flathead and Lewis and Clark
National Forests, Montana, for possible inclusion on the National
Wilderness Preservation System.
June 23
The House agreed to the conference report on S. 3201, Public Works
Employment Act of 1976, clearing it for Presidential action.
The Senate passed H.R. 14236, making appropriations for public works for
water and power development and energy research, including the Corps of
Engineers -- Civil, the Bureau of Reclamation, power agencies of the
4
Dept. of the Interior, Federal Power Commission, Nuclear Regulatory
Commission, Energy Research and Devmt. Administration, and related
agencies and commissions for FY 1977.
#
The Senate passed H.R. 12188, the Community Services Act Technical
Amendments of 1976, clearing it for Presidential action.
The Senate received, pursuant to law, a copy of the Consumer Product
Safety Commission's letter to the Director, Office of Management and
Budget, who requested the views of the Commission on Senate Report 94-
863, regarding S. 2715, a bill to amend Chapter 5 of title 5, U.S.C.
(commonly known as the Administrative Procedure Act), to permit awards
of reasonable attorney's fees and other expenses for public participation
in proceedings before Federal agencies; to Gov. Op. Com.
The Senate and House received the Conference Report on H.R. 9771, Airport
and Airway Development Act Amendments of 1976 (S.Rpt. 94-975 and H.Rpt.
94-1292).
Rep's. Steiger of Arizona, Udall, Lujan, and Runnels introduced H.R.
14529, a bill to amend the act of December 15, 1971, relating to the
Navajo Community College; to Education and Labor Com.
The Senate Interior Com. ordered reported S. 2780, to eliminate the
defense of res judicata to permit certain Sioux Tribes to continue their
claim for the taking of the Black Hills by the United States (with an
amendment adding text of S. 3515 authorizing the Wichita Indian Tribes
of Oklahoma to file with the Indian Claims Commission their claims
against the United States for lands taken without adequate compensation);
and H.R. 10138, to create a Young Adult Conservation Corps to provide
employment and other benefits to young adults.
The Senate Judiciary Com's. Subcommittee on Administrative Practice and
Procedure continued oversight hearings on the effects of the recent
Supreme Court decision of Colorado River Water Conservation District, et
al V. United States, which interpreted the McCarren Act (43 U.S.C. 666)
as subjecting Indian water rights to State court jurisdiction for
adjudication. Witnesses heard were Mel Tenasket, National Congress of
American Indians; Wendell Chino, National Tribal Chairmen's Association
and Mescalero Apache Tribe; and Veronica Murdock, Colorado River Indian
Tribes; and Dan 01d Elk, Native American Natural Resource Development
Federation.
5
June 24
Sen. Abourezk asked unanimous consent that the Indian Affairs Subcommittee
be allowed to meet as scheduled to hold oversight hearings on the Interior
Dep's. Quechan land claim decision. Sen. Bellmon objected on behalf of
the Republican leadership. However, Sen. Abourezk resumed the hearings.
Witnesses heard were Thomas S. Kleppe, Secretary, accompanied by Kent
Frizzell, Under Secretary, and H. Gregory Austin, Solicitor, all of the
Department of Interior; Fritz Brown, President, accompanied by Raymond
Simpson, Counsel, both representing the Quechan Tribe; and Louis Barrackman,
Ft. Mojave Tribe.
The Senate passed H.R. 14239, making FY 1977 appropriations for the
Depts. of State, Commerce, Justice, and related agencies.
The House passed H.R. 14232, making FY 1977 appropriations for the
Depts. of Labor and Health, Education and Welfare and related agencies.
The Senate and House each agreed by unanimous consent to recommit the
bill S. 3295, to amend and extend the laws relating to housing and
community development, to the conference committee.
The House received the Conference Report on H.R. 14236, making appropriations
for public works for FY 1977 (H.Rpt. 94-1297).
June 25
The House passed H.R. 14231, Department of the Interior and Related
Agencies FY 1977 Appropriation Act, after agreeing to an amendment
offered by Rep. Meeds increasing funds appropriated to the U.S. Fish and
Wildlife Service for resource management by $1,057,000, for implementation
of the Washington State (Boldt) Indian fishing rights decision; and an
amendment by Rep. Moorhead (Pa) striking language prohibiting the use of
appropriated funds by the Dept. of the Interior to provide "personal
information or information respecting any real or personal property
FORD
which the United States holds as trustee for any Federally recognized
Indian tribe***" under the Freedom of Information Act.
GERALD
A point of order by Rep. Yates was sustained against Rep. Steiger's (of
Wisc.) amendment to provide that Indian organizations and State Education
Agencies having contracts for educational services under title I of the
Indian Self-Determination and Education Assistance Act would receive
during FY 1977 at least 90% of the funding level provided in FY 1976.
The debate on this unsuccessful amendment indicated that it was aimed at
Johnson-O'Malley education contracts.
6
The Senate passed S. 877, to direct the Secretary of the Interior to
acquire and hold certain lands in trust for the Zuni Indian Tribe; to
confer jurisdiction on the Court of Claims with respect to land claims
of such tribe; and to authorize such tribe to purchase and exchange
lands in the States of New Mexico and Arizona.
The House received a new conference report (H.Rpt. 94-1304) on S. 3295,
to extend the authorization for annual contributions under the United
States Housing Act of 1937, to extend certain housing programs under the
National Housing Act, and for other purposes.
The Senate Appropriation Com. filed its report on H.R. 14231, making FY
1977 appropriations for the Department of the Interior and related
agencies (S.Rpt. 94-991).
June 26
The Senate passed H.R. 14231, making FY 1977 appropriations for the
Department of the Interior and appointed as conferees: Sen's. Robert
Byrd, McClellan, McGee, Montoya, Chiles, Mansfield, Stevens, Young,
Hatfield, and Bellmon.
The Senate Judiciary Com. filed its report on S. 800, to amend chapter
7, title 5, United States Code, with respect to procedure for judicial
review of certain administrative agency action, and for other purposes
(S.Rpt. 94-996).
The Senate Appropriations Com. filed its report on H.R. 14232, making
appropriations for the Departments of Labor, and HEW, and related agencies
(S.Rpt. 94-997).
June 28
No items of interest.
7
June 29
The House and Senate agreed to (and cleared for Presidential action) the
Conference Reports on -
H.R. 14236, FY 1977 Public Works Appropriations;
H.R. 14237, FY 1977 Agriculture Dept. Appropriations; and
S. 3184, Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment, and
Rehabilitation Act Amendments.
The Senate agreed to the Conference Report on S. 586, the Coastal Zone
Management Act Amendments of 1976.
The House disagreed to Sen. amendments to H.R. 14321, FY 1977 Interior
Dept. Appropriations and appointed as conferees Reps. Yates, McKay, Long
of Md., Evans of Colo., Murtha, Duncan of Ore., Mahon, McDode, Regula,
and Cederberg.
The Senate confirmed the nomination of Albert Zaponta of California to
be Assistant Secretary of Interior for Management.
Sen. Curtis introduced, at the request of OMB, S. 3634, the "Income
Assistance Simplification Act", to provide greater efficiency and equity
in the operation and administration of Federal and federally aided
income assistance programs (AFDC, WIN, SSI, food stamps, public housing
and other subsidized housing programs); to Govt. Ops. Com.
The Sen. Judiciary Com. filed its report (94-1011) on S. 2278, the Civil
Rights Attorney's Fees Awards Act.
June 30
The House agreed to the conference report on S. 586, Coastal Zone Management
Act Amendments for 1976, clearing it for Presidential action.
The Senate passed H.R. 14232, making FY 1977 appropriations for the
Dept's of Labor, Health, Education and Welfare, and related agencies.
The House agreed to the conference report on S. 3295, to extend the
authorization for annual contributions under the US Housing Act of 1937,
to extend certain housing programs under the National Housing Act, and
for other purposes.
8
The House agreed to the conference report on H.R. 9771, to amend the
Airport and Airway Development Act of 1970 and to extend and increase
the Federal airport development assistance program for 5 years, clearing
it for Presidential action.
Rep's Conlan and Rhodes introduced H.R. 14615, to amend the act of
December 15, 1971, relating to the Navajo Community College; to Education
and Labor Com.
Rep. Steed (by request) introduced H.R. 14629, to amend the Indian
Claims Commission Act of August 13, 1946, and for other purposes; to
Interior Com.
The Senate Appropriations Committee ordered reported (SRpt. 94-1017),
H.R. 14234, making FY 1977 appropriations for the Department of Transportation
and related activities. Also, the Committee ordered reported without
recommendation H.R. 5465, to revise the retirement benefits for certain
employees of the Bureau of Indian Affairs and the Indian Health Service
who are not entitled to Indian preference.
July 1
The House and Senate agreed to the conference report on H.R. 14239,
making FY 1977 appropriations for the Departments of State, Justice,
Commerce, the Judiciary, and related agencies, clearing it for Presidential
action.
The House and Senate agreed to H. Con. Res. 669, providing for a conditional
adjournment of the Congress from July 2 to July 19, 1976.
The House received the conference report (HRpt. 94-1330) on H.R. 14231,
making FY 1977 appropriations for the Department of the Interior and
related agencies.
Sen's. Gravel, Stevens, and Abourezk introduced S. 3651, to amend the
Alaska Native Claims Settlement Act to provide for the withdrawal of
lands for the Village of Klukwan.
The Senate passed H.R. 5546, to amend the Public Health Service Act to
revise and extend the programs of assistance under title VII for training
in the Health Service Corps program and the National Health Service
Corps scholarship training program, after agreeing to Sen. Montoya's
amendment authorizing an additional $10 million to insure continued
operation of funding for minority assistance.
9
The Senate passed H.R. 14234, making FY 1977 appropriations for the
Department of Transportation.
Rep. Leggett and others introduced H.R. 14668, to authorize and direct
the Secretary of the Department of Health, Education, and Welfare to
convey certain lands to D-Q University on fee simple absolute; to
Interior Com.
July 2
The Senate passed S. 2228, Public Works and Economic Development Act,
extending authorizations for three years and authorizing a stand-by job
opportunities program for combating unemployment.
Sen. Mondale commemorated the 500th birthday of the Chippewa Band of
Minnesota Indians at Red Lake, Minn. The celebration is being called
the largest gathering of American and Canadian Indians ever held in the
United States, with representatives from such distant places as California,
Montana, Manitoba, and Ontario.
The Senate filed its report on H.R. 5465, to revise retirement benefits
for certain employees of the Bureau of Indian Affairs and the Indian
Health Service who are not entitled to Indian preference (SRpt. 94-1029).
The Senate laid aside H.R. 10612, proposed Tax Reform Act of 1976, until
July 20, 1976.
The Senate will call up on July 20, 1976, conference report on S. 3295,
extending certain programs under the National Housing Act.
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending: 7-2-76
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Criminal Justice Reform Act - Revision of Title 18
S. 1 (H.R. 333; 3907; 6799) -McClellan,
USC "Crimes and Criminal Procedures" and related
Hruska, Bayh, Eastland, Fond, Griffin,
laws. Includes (1) authorities for BIA police;
Mansfield, Moss (Utah), Scott (Pa.),
(2) continues current Indian county definition;
Taft & Tower- 1/15/75 [Judiciary]
(3) adds 9 to current 13 major crimes; (4) contin-
8/1/75-Draft amended bill
ues P.L. 280, Kansas & N.Y. State jurisdiction;
12/1/75-Draft Comm. Rpt.
authorizes tribal retrocession of State jurisdic-
tion; (5) repeals Indian liquor laws but continues
express authority for tribal liquor regulation;
(6) continues Indian lands hunting & fishing
trespass and boundary sign destruction laws; (7)
continues conflict of interest exemption for
Federal employees assigned to or employed by
tribes; (8) increases tribal court maximum fine
from $500 to $10,000; (9) authorizes compensation
for injured or killed victims of crimes.
(see S. 1263; S. 2129)
Authorizes the President to designate the fourth
S.J.Res. 44 (H.J.Res. 394; H.R. 6879) -
Friday in September as National Indian Day.
-Fannin-2/28/75 [Judiciary]
5/7/75-SRpt. 94-106
5/8/75-Passed as reptd.
5/9/75-Trans. to P.O & C.S. Comm.
Nantucket Sound Island Trust, includes Wampanoag
S. 67 (H.R. 1629)-Kennedy-1/15/75
Tribe Recognition (Indian Common Lands in trust
[Parks & Recreation]
as Reservation).
9/8/75-Dept Rpt to Comm.
11/25/75-SRpt. 94-493
12/8/75-Passed as reptd.
12/9/75-Tb House Interior
Authorizes the Secretary to make grants for con-
S. 150 (H.R. 7151)-Hansen-1/15/75
struction, maintenance and operation of an Indian
[Parks & Recreation]
Art & Cultural Center, Wind River Reservation, Wyo.
5/75-Hearing scheduled but cancelled
Establishing the Hawaiian Aboriginal Claims Settle-
S.J.Res. 155 (H.R. 1944) -Inouye-
ment Study Commission.
12/18/75 [Interior Full Comm]
2/9 & 10/76-Field Hearings
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Amend Act relating to the Lumbee Indians of N. C.
S. 159 (H.R. 4007) -Helm-1/16/75
Varifies eligibility for Federal benefits extended
to nonfederally recognized Indian tribes. No. BIA
or IHS benefits.
To designate turquoise as the National gemstone of
S.J.Res. 160-Domenici-1/2/76
the United States
[Judiciary]
Authorize & direct the ICC to determine the amount
S.J.Res. 170 (H.J.Res. 710)-Bartlett-
of a claim of the Seminole Nation of Oklahoma
2/17/76
Private relief-Willard & Nicole Allen, directs the
S. 209-McCee-1/17/75
Sec. of Treasury to pay a claim against the U.S.
4/24/75-Dept. Rpt. to Comm.
due to land sale error by BIA personnel on Wind
4/25/75-Senate Hearing
River Reservation.
12/16/75-SRpt. 94-566
12/17/75-Passed as reptd.
12/18/75-Tb House Judiciary
Condemnation of Pueblo lands-Repeal provisions
S. 217 (H.R. 2908) -Domenici-1/17/75
of existing Federal law authorizing condemnation
4/24/75-Dept. to Comm.
of the lands of the Pueblo Indians in New Mex.
4/25/75-Senate Hearing
House amendment permits renewal or widening of
5/14/75-Markup & ordered rept. w/amend.
existing rights-of-way with Interior Sec. approval
5/20/75-SRpt. 94-148
and without Pueblo approval if no agreement reached
5/21/75-Passed, amended
with right-of-way owner.
5/22/75-Tb House Interior
7/24/75-House Hearing
1/29/76-HRpt. 94-800
2/2/76-Passed, amended
4/5/76-Senate disagreed to House amend-
ment & requested conference.
5/17/76-House agreed to Conf.
Amends the Internal Revenue Coce of 1954 to allow
S. 386 (H.R. 8989)-Packwood-1/27/75
the same tax treatment for recognized Indian tribes
[Finance]
as is applicable to States and other governmental
units.
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Amends the Social Security Act by increasing the
S. 403-Fannin-1/27/75
Federal share of State expenditures for medical
[Finance]
assistance provided to Indians who are eligible for
medical care under the Indian Health Service
program of the PHS.
Amends the Social Security Act by increasing the
S. 437 (H.R. 1591) -Metcalf-1/28/75
Federal share of the public assistance benefits
[Finance]
provided by a State to Indians, Aleuts, Native
Hawiians and other aboriginal persons for aid to
dependent children (presently effective in two
States), supplemental security income and medicaid.
Declares that all right, title, and interest of the
S. 414 (H.R. 2855)-Cannon-1/27/75
U.S. in approximately 2,640 acres of land in the
State of Nevada are hereby held by the U.S. in
trust for the Paiute-Shoshone Tribe of the Fallon
Indian Reservation.
Declares that all right, title and interest of the
S. 415-Cannon-1/27/75
U.S. in approximately 90 acres of specified lands
in Nevada is to be held in trust for the Ely Indian
Colony.
Authorizes the use of facilities at the Owyhee
S. 416 (H.R. 2921)-Cannon-1/27/75
Indian Hospital of the Duck Valley Indian Reserva-
[Interstate & Foreign Commerce]
tion in Nevada to provide nonemergency medical care
on a fee-for-service basis to non-Indians.
Provides retirement benefits for BIA & IHS
S. 509 (H.R. 4988; 5858; 5968; 11479)
employees who have completed 20 years of service,
-Stevens-1/30/75 [P.O. & C.S]
served continuously from 6/17/74 and are not
6/17/75-Dept Rpt. to Comm.
entitled to Indian preference. (see H.R. 5465)
6/18/75-Senate Hearing
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Directs HEW to make grants and provide scholarships
S. 522 (H.R. 2525)-Jackson-2/3/75
to encourage Indians to enroll in health-related
4/15/75-Dept. Rpt. to Comm.
training programs. Authorizes HEW to expend funds
4/16/75-Markup
to better meet Indian Health care needs to provide
5/13/75-SRpt. 94-133
hospitals and other health facilities, to supply
5/16/75-Passed, amended
unmet needs for safe water and sanitary waste
5/22/75-Tb House Interior
disposal facilities. Requires HEW to contract with
urban Indian organizations to establish and admin-
ister health programs to benefit urban Indians.
Authorized health care facilities & staff for BIA
schools. Requires new HEW-HUD-BIA agreement on
Housing production to coordinate waters & sewerage
facilities. (see H.R. 11530-Soboba)
Provides that approximately 418 acres needed by the
S. 540 (H.R. 7628)-Burdick-2/3/75
Three Affiliated Tribes of the Ft. Berthold Reserva-
6/5/75-Dept. Rpt. to Comm.
tion, North Dak., and not needed for the purpose
6/6/75-Senate Hearing
of the Garrison Dam Project, are hereby restored
to the tribal ownership of the Three Affiliated
Tribes.
Establishes Wounded Knee Compensation Board to
S. 545 (H.R. 3914; S. 2907; S. Res. 378)
compensate lossess arising from the occupation of
-McGovern-2/3/75 [Banking, Housing &
Wounded Knee, So. Dak., between 2/27/73 and 5/8/73.
Currency]
Provides payment for personal injury and property
7/21/75-Senate Hearing
damages.
10/1/75-Tb Judiciary
Authorizes the Secretary of HEW to make grants for
S. 626 (H.R. 8179) -Mondale-2/7/75
child and family service programs and for the
[Labor & Public Welfare]
training of professionals & paraprofessionals in
2/20/75-Senate Hearing
the child development.
3/21/75-Joint Hearings
As introduced, included authority for tribal governing
S. 642-Moss-2/2/75
body to develop regulations to eliminate or preclude
[Commerce]
unfair or deceptive acts and practices in commerce.
4/15/75-Senate Hearing
Also declared that tribal governing body shall have
12/16/75-SRpt. 94-564)
the exclusive authority to license reservation
12/17/75-Passed as reptd.
traders. Senate Comm. Amendment by Senate Comm.
12/18/75-Jointly to Interstate &
eliminated all Indian provisions without comment.
Foreign Commerce & Judiciary
NOTE:
B111S referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Authorizes subject to the provisions of the consti-
S. 734-Burdick-2/18/75
tution of the Three Affiliated Tribes of the Ft.
Berthold Reservation, No. Dak., and the approval
of the Sec. of Interior, the Three Affiliated
Tribes to execute mortgages on land purchased by
the Tribes to finance the purchase of land within
the boundaries of the reservation.
TO assist certain employees of the United States in
S. 771 (S. 509) -McGee-2/20/75
finding other employment in the Civil Service.
[P.O. & C.S.]
(see H.R. 5465)
6/18/75-Hearing w/s. 509
Authorizes appropriation for ICC for FY 1976
S. 876 (H.R. 3979)-Jackson-2/27/75
Directs the Secretary of Interior to acquire
S. 877 (H.R. 4212) -Montoya-2/27/75
specific lands in New Mex., to be held in trust for
6/5/75-Dept. Rpt. to Comm.
the Zuni Indian Tribe. Authorizes Zuni Tribe to
6/6/75-Senate Hearing
file land claims suit against United States.
6/22/76-SRpt. 94-972
6/25/76-Passed as rptd.
6/28/76-Tb House Interior
Authorizes appropriations of such sums as are
S. 891 (H.R. 3691)-Hartke-2/28/75
necessary for FY's 76 & 77 to carry out National
[Agriculture & Forestry]
School Lunch Act programs. Authorizes appropriation
4/22/75-Senate Hearing
of $100,000 for each FY's 75,76,& 77 for grants to
State health departments, Indian tribes, or the IHS
for supplemental food, etc.
Confers jurisdiction upon the United States District
S. 945-Hatfield-3/4/75
Court for Oregon to render judgments on any claims
filed by the Coos, Lower Umpqua and Suislaw Indian
Tribes for alleged taking of their ancestrail lands
without payment by the United States.
Marine Fisheries Conservation Act of 1975
S. 961 (H.R. 200)-Magnuson-3/5/75
[Commerce] (see H.R. 200-P.L. 94-265)
6/6/75-Senate Hearing
10/7/75-SRpt. 94-416, amended
10/7/75-to Foreign Relations
11/18/75-SPpt. 94-459 (Rereferred to
Armed Services
12/8/75-SRot. 94-515
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
TO assist the States to develop and implement State
S. 984 (H.R. 3510)-Jackson-3/6/75
land resource programs and to assist Indian tribes
[Environment & Land]
to inventory and plan the use of reservation and
4/23, 24 & 29 also 5/2/75-Hearings
other tribal lands.
Establishes the Indian Trust Counsel Authority to
S. 1002-Abourezk-3/7/75
render legal services necessary to preserve,
3/15/75-Dept. proposed Rpt.
protect, adjudicate, or administer rights or
6/20/75-Dept. Rpt. to Comm.
interests of Indians to or in natural resources
within the U. S. trust responsibility owing to the
Indians.
Establishes the Indian Nations Scenic Trail, extend-
S. 1123-Bartlett-3/10/75
ing from the Red River, Okla., thru the former
5/19/75-SRpt. 94-144
Indian nations to the Oklahoma-Kansas boundary line.
5/21/75-Passed as reptd.
5/22/75-Tb House Interior Comm.
Authorizes the payment of $3,000 in compensation to
S. 1147 (S. 2900) (H.R. 12009)- -
each Sioux Indian man, woman, or child or his or
Abourezk-3/11/75 [Judiciary]
her heirs who suffered death or bodily injury in
2/5/76-Dept.Rpt. to Comm.
the massacre of the Sioux Indians at Wounded Knee
2/5/76-Senate Hearing
Creek, So. Dak., 12/29/1890.
2/6/76-Interior witness
Provides that any Indian who commits the offense of
S. 1263 (H.R. 2470; 7592) -Abourezk-
kidnapping within Indian country shall be subject
3/20/75
to the exclusive jurisdiction of the United States
[Judiciary] (incorporated in S. 1 &
(amends 18 USC 1153).
S. 2129)
Provides for the ICC Cowlitz judgment distribution
S. 1334 (H.R. 5090)-Jackson-3/26/75
(1) $10,000 for the purchase of lands for the
9/24/75-Dept. Rpt. to Comm.
purchase of lands for the Cowlitz Tribe; (2) the
9/26/75-Senate Hearing
balance to be distributed per capita.
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Provides that the State of Utah may relinquish
S. 1363-Moss-4/7/75
tracts of school land, including mineral rights,
within specified areas of the Navajo Reservation
to U.S. in trust for Navajo Tribe. Provides that
Utah may select other unreserved lands in Utah
equal in area to those relinquished.
Stipulates that payments under the State and Local
S. 1625 (H.R. 7840)-Hathaway-5/1/75
Government Fiscal Assistance (General Revenue
[Finance]
Sharing) Act which are waived by the Indian tribe
or Alaskan native village entitled to receive them
shall become part of the entitlement of the county
government in which such tribe or village is
located.
Grand River Band of Ottawa-Dkt. 40-K. Sets forth
S. 1659-Hart-5/6/75
the method for distribution of the funds
9/25/75-Dept. Rpt. to Comm.
appropraited to pay ICC judgment.
9/26/75-Senate Hearing
10/18/75-SRpt. 94-577, amended
12/19/75-Passed, amended
1/19/76-Tb House Interior
3/2/76-Dept. Rpt. to Comm.
3/4/76-House Hearing
Title I authorizes tribes to retroceed State
S. 2010 (S. 1328)-Jackson-6/26/75
jurisdiction to tribes or Federal Govt.; Title II
12/3/75-Hearing-Indian witnesses
directs the Secretary to make grants to, and
3/4/76-Dept. Rpt. to Comm.
contract with Indian tribes to implement programs
3/4/76-Hearing-State & non Indian wit.
and projects to improve law enforcement and the
3/5/76-Hearing-Interior/Justice wit.
administration of justice within Indian country
and reservations (PL280)
Declares title to certain lands in the State of New
S. 2072 (H.R. 8533)-Domenici-7/9/75
Mexico to be held in trust by the U. S. For the
Ramah Band of Navajo Tribe.
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
"Indian Crimes Act of 1976"
S. 2129 (H.R. 7592)-Fannin-7/16/75
Stipulates that Indians committing certain listed
2/12/76-Dept. Rpt. on H.R. 7592 to Com.
crimes within Indian country shall be subject to
2/2/75-SRpt. 94-620
the same laws & penalties as all other persons
2/4/76-Passed as reptd.
committing such crimes within the exclusive
2/5/76-Tb House Judiciary
territory. (see S. 1)
3/9/76-House Hearing (Justice Dept. wit)
4/13/76-HRpt. 94-1038
5/18/76-Passed House amended
5/20/76-Senate agreed to House amendent
5/29/76-P.L. 94-297
Creates the position of A/S for Indian Affairs
S. 2144 (H.R. 4344; 8536; 11258)- -
within the DOI. Authorizes the Sec. of Interior
Jackson-7/21/75
to delegate functions relating to Indian Affairs
5/19/75-Dept. proposal
to the A/S. Revises title 25 USC provisions
8/15/75- (Dept. Rpt. to Comm. w/
to eliminate references to Commissioner of IA
technical amendment).
thereby conforming to 1948 Reorganization Plan.
3/4/76-House Hearing
Amends the Omnibus Crime Control and Safe Streets
S. 2212 (H.R. 9236)-Hruska-7/29/75
Act of 1968 to revise provisions relating to grants
[Judiciary]
to Indian tribes.
2/20/76-Senate Hearing
5/13/76-SRpt. 94-847
Imposes penalties for allowing livestock to graze
S. 2235-Fannin-7/31/75
on any trust or restricted land of any Indian or
7/23/75-Dept. proposed Rpt.
Indian tribe without authorization.
Provides that four publications detailing the
S. 2355-Cannon-9/17/75
history of the Indian tribes of Nevada shall be
[Judiciary]
subject to copyright by the Inter-Tribal Council
of Nevada.
Amend CETA of 1973 to permit certain Indian tribes
S. 2399 (H.R. 11453)-Damenici-9/24/75
to qualify under Title I of that Act.
[Labor & Public Welfare]
Relating to certain business transactions carried
S. 2362-Abourezk-9/17/75
but within the exterior boundaries of Indian
reservations.
NOTE:
Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise.
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Yahtay Industries, N. Mex., to authorize the Sec:
S. 2490-Montoya-10/7/75
of Interior to cancel certain obligations of the
Yahtay Industries, Inc., Jemez Pueblo
Pertaining to the enrolled members of the Umatilla
S. 2552 (H.R. 2064; 13059) ; Hatfield-
Indian Reservation.
12/22/75
Land consolidation & development of the Umatilla
S. 2553 (H.R. 2065)-Hatfield-10/30/75
Indian Reservation.
Amend Menaminee Restoration Act, to make Tribes
S. 2581-Nelson-10/28/75
eligible for joint IHS and Hill Burton program
[Labor & Public Welfare]
hospital funding.
HEW grants to Indian postsecondary educational
S. 2634 (H.R. 11220)-Abourezk-11/6/75
institutions.
3/12/76-Dept. Rept to Comm.
3/15/75-Senate Hearing
To exempt Indian trust information from Freedom of
S. 2652-Damenici-11/11/75
Information Act disclosure requirements.
5/14/76-Dept. Rpt. to Comm.
5/17/76-Hearing in Senate
Amend ICC Act of 8/13/46; authorize continuation
S. 2780 (H.R. 12645)-Abourezk-12/12/75
of Sioux Black Hills case without regard to res
4/26/76-Dept. Rpt. to Comm.
judicata decision of Court of Claims.
5/4/76-Senate Hearing
Restoration of the Confederated Siletz Tribe of
S. 2801 (H.R. 11221)-Hatfield-12/17/75
Oregon.
3/29/76-Dept. Rpt. to Comm.
3/30&31/76-Senate Hearing
To authorize certain financial assistance to
S. 2882-Pearson-1/28/76
Haskell Indian Junior College, Lawrence, Kansas
[Labor & Public Welfare]
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise.
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
To provide for per capita payment to persons of
S. 2883-Moss-1/28/76
Southern Paiute lineal descent who did not partici-
pate under the Act of 10/17/65, providing for
disposition of judgment funds to Southern Paiute
in ICC dkts. 88, 330 & 330-A.
Wounded Knee massacre (see digest of S. 1147)
S. 2900-Abourezk-1/29/76
2/5/76-Senate Hearing
Occupation of Wounded Knee (see digest of S. 545)
S. 2907-McGovern;Abourezk;Hruska-
1/30/76 [S. Res. 378-Byrd-2/2/76]
TO reinstate the Modoc, Wyandotte, Peoria, and
S. 2968 (H.R. 11018)-Bartlett-2/17/76
Ottawa Indian Tribes of Okla., as federally
supervised and recognized Indian tribes.
Authorize Appropration for the ICC of FY 1977.
S. 2981 (H.R. 11909)-Metcalf-2/17/76
4/6/76-SRpt. 94-737
4/9/76-Passed, as reptd.
Federal Energy Development Impact Assistance Act
S. 3007 (H.R. 11772)-Jackson-2/19/76
of 1976 (see digest of H.R. 11772)
Amend section 6 of the ANCSA.
S. 3088-Metcalf-3/4/76
National Food Stamp Reform Act of 1976.
S. 3136-Talmadge-3/13/76
[Agriculture & Forestry]
3/13/76-SRpt. 94-697
4/8/76-Passed, as reptd.
Financial Assistance for Elementary & Secondary
S. 3166 (H.R. 12196)-Beal1-3/17/76
[Labor & Public Welfare]
4/7/76-Comm. req. rept from Dept.
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Providing for the study of formulation of legisla-
S. 3206-Metcalf/Mansfield-3/25776
tive proposals as to, the implementation of the
5/14/76-Dpt. Rpt. to Com.
transfer of mineral interests under the Northern
5/17/76-Senate Hearing
Cheyenne Allotment Act, (Act of 6/3/26 (44 Stat.
690), as amended.
TO require that funds collected through grazing fees
S. 3112-Kennedy-4/16/76
be expendedsoley for range improvement purposes
[Agriculture]
except where otherwise specifically designated for
payment to State or Indian tribes.
TO extend the authorization for annual contributions
S. 3295-Proxmire-4/9/76
under the United States Housing Act of 1937, to
[Banking,Housing,&Urban Affairs]
extend certain low-income housing programs under the
4/12/76-SRpt. 94-749
National Housing Act--"Housing Amendments of 1976".
4/27/76-Passed as reptd.
5/26/76-Passed House amended
6/22/76-House Conf. Rpt. 94-1291
6/25/76-New House Conf. Rpt. 94-1304
6/30/76-House agreed to Conf.
To provide water to the Five Central Arizona
S. 3298-Kennedy-4/13/76
Indian tribes for farming operations and to settle
8/5&10/76-Senate Hearing Scheduled
their surface water rights.
Relating to the Tiwa Indian Pueblo of San Juan de
S. 3352-Demenici-4/29/76
Guadalupe, Tortugas, New Mexico.
To authorize the Court of Claims to review the Sioux
S. 3353-Abourezk-4/29/76
Black Hills claim on the merits.
(cross reference to S. 2780)
Authorize appropriations for the construction of the
S. 3395-Moss-5/6/76
Uintah Unit of the Central Utah Project. (H.R. 13369)
5/17/76-Dpt. Rpt. to Comm
5/18/76-Senate Hearing
For relief of Duane G. Wegner (reimburement expenses)
S. 3400-Abourezk-5/11/76
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
SENATE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Authorizing the Wichita Indian Tribe of Oklahoma
S. 3515-Bartlett-6/3/76
and its affiliated bands and groups of Indians
6/14/76-Dpt. Rpt. to Com.
to file with the ICC any of their claims against
6/15/76-Senate Hearing
the U.S. for lands taken without adequate
compensation.
To authorize the Secretary of the Interior to enter
S. 3525-Bartlett/Bellmon-6/8/76
into an agreement with the Cherokee, Choctaw, and
Chickasaw Indian Nations for the purchase and/or lease
by the United States of each nation's right and
interests in the riverbed of the Arkansas River.
Private relief of Marian Law Shale Holloway, et al.
S. 3537-Jackson-6/8/76
Quinault Indian Tribe
To amend the Act of December 15, 1971, relating
S. 3558-Fannin-6/11/76
to the Navajo Community College [H.R. 14529].
Income Assistance Simplification Act
S. 3634-Curtis-6/29/76
Ib amend the Alaska Native Claims Settlement Act
S. 3651-Gravel-7/1/76
to provide for the withdrawal of lands for the
village of Klukwan.
NOTE:
Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise.
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
HOUSE
Ending: 7-2-76
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Authorizes the return of the remains of Pocahontas
H.J. Res. 391; 459;-Fish-4/15/75
to the United States. Directs the establishment of
the Pocahontas Memorial under the direction of the
Secretary of Interior.
Authorizes the Secretary of Interior to establish
H.R. 552-Koch-1/14/75
a program of direct Federal employment to improve
environmental quality and natural resources manage-
ment (including Indian reservation lands).
Authorizes the Secretary of Interior to relieve the
H.R. 589 (S. 2179)-Lagomarsino-1/14/75
Santa Ynez Water Conservation District, Calif., of
6/5/75-Dept. Rpt. to Comm.
payments due the U.S. for repayment of a Small
6/6/75-House Hearing
Reclamation projects loan in the amount of $1,120
9/15/75-HRpt. 94-475
per year due to the delivery of water to the Santa
10/6/75-Passed, as reptd.
Ynez Indian Reservation lands within such district.
10/7/75-Tb Senate Interior Comm.
Provides that programs will be carried out thru
H.R. 652-Murphy-1/14/75
grants made directly to units of local government
[Education & Labor]
with particular attention being given to the needs
of Appalachia and Indian Tribes.
For the relief of Judy Ann Allen, et al., re late
H.R. 2120-Talcott-1/23/75
enrollment in California award.
[Judiciary]
Indian Health Care Improvement Act
H.R. 2525 (S. 522)-Meeds-1/31/75
(contents of H.R. 11530 added to this bill)
(H.R. 2526; 3261; 3351; 7852)
9/25/75-House Hearing
4/9 /76-HRpt. 94-1026 (Pt. 1)
4/9/76-Tb House Interstate & Foreign
Commerce and Ways & Means Com.'s.
5/10/76-HRpt. 94-1026 (Pt. 2)
6/8/76-HRpt. 94-1026 (Pt. 3)
6/8/76-House passed H.Res. 1267, suppl.
rpt. to HRpt. 1026 (Pt. 4)
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
HOUSE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Provides for compensation to the Cherokee Nation
H.R. 2720-Risenhoover-2/4/75
for the loss of specified lands. States that no
more than 10 percent of the amount of the claim
shall be received by any agent or attorney on
account of services rendered with respect to
each claim.
Private relief, James J. Caldwell
H.R. 2943-Obey-2/5/75
[Judiciary]
10/9/75-HRpt. 94-558
11/4/75-Passed as reptd.
11/5/75-To Senate Jidiciary
Authorizes to be appropriated not to exceed
H.R. 3979 (S. 876)-Meeds-2/27/75
$1,450,000 to carry out the provisions of the ICC
6/9/75-HRpt. 94-268
Act during FY 1976 (see S. 2981; H.R. 11909)
6/16/75-Passed, as reptd.
6/17/75-To Senate Interior
7/31/75-SRpt. 94-360
8/1/75-Passed, amended
9/17/75-House asked for conference
10/2/75-Senate agreed to conference
11/3/75-Conferees met
Assistant Secretary for Indian Affairs
H.R. 4344 (H.R. 8536; H.R. 11258-Young-
[see S. 2144)
3/5/75
3/2/76-Dept. Rpt. to Comm.
3/4/76-House Hearing
For the relief of Oscar Barnett--Tb remove land
H.R. 4941 (S. 1238)-Montgomery-3/13/75
title cloud, Mississippi Choctaw vicinity.
[Environment & Land Resources]
P.L. 94-37
Cowlitz Judgment Distribution
H.R. 5090 (S. 1334)-Meeds-3/18/75
4/16/75-Dept. Rpt. to Comm.
4/17/75-House Hearing
9/15/75-HRpt. 94-479, amended
12/16/75-Passed, amended
12/17/75-To House Interior
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
HOUSE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Allow employment preference to certain BIA & IHS
H.R. 5465 (S. 509) -Henderson-3/25/75
employees not entitled to benefits of, or who have
[P. O. & C. S. ]
been adversely affected by the application of
2/2/76-Dept. Rpt. to Comm.
Federal laws allowing employment preference to
2/3/76-House Hearing
Indians and who seek employment in other Federal
4/2/76-HRpt. 94-1003
agencies.
4/8/76-Rpt. to Comm.
5/3/76-Passed House
5/13/76-SRpt. 94-828
6/22/76-Tb Sen. Approp.
7/2/76-SRpt. 94-1029
(See digest of S. 509 and the above H.R. 5465)
H.R. 5858 (H.R. 5968; 4988; 11479)-
4/10/75 [P.O. & C.S.]
For the relief of Daryl Mahoney
H.R. 6750-Bell-5/6/75
delayed moving expenses reimbursement
1/14/76-Dept. Rpt. to Comm.
Authorizes the Secretary of Interior to construct,
H.R. 8177-Steiger-6/24/75
operate, and maintain permenent conveyance
9/18/75-Dept. Rpt. to Comm.
facilities for the principal purpose of delivering
9/19/75-House Hearing
a municipal and industrial water supply for the city
of Yuma, Arizona. Authorizes the Secretary to
locate a pipeline conveyance system and appurten-
anœs or lands within the exterior boundaries of
the Fort Yuma Indian Reservation.
Directs the Secretary of Interior to hold certain
H.R. 8411-Udall-7/8/75
lands in trust for the Pascua Yaqui Indians upon
request by the Pascua Yaqui Assoc., Inc. Recognize
and declares eligibility of Pascua Yaqui people
who are members of the Assoc., Inc., for services
and assistance provided to Indians because of
their status as Indians by any department, agency,
or instrumentality of the United States.
Extends, under CETA of 1973, the coverage of
H.R. 8433-Mink-7/8/75
specified manpower programs contained in such
[Education & Labor]
Act to Native Hawaiians.
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
HOUSE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
"Energy Conservation"-Authorizes the
H.R. 8650 (H.R. 7958) (S.3424) -Barrett-
Administrator of the Federal Energy Administration
7/15/75 [Banking, Currency, &Housing]
to make grants to State Governors and the Mayor of
7/9/75-House Hearing
the District of Columbia for weatherization of
7/22/75-HRpt. 94-377
dwellings of low-incame persons, including funds
9/8/75-Passed, amended
for weatherization of Indian homes.
9/9/75-Tb Banking, Housing&Urban Af.
2/3/76-SRot. 94-623
3/9/76-Passed, as reptd.
3/15/76-House Conf. reqtd.
3/18/76-Senate Conf. reqtd.
Amends the Social Security Act to stipulate that
H.R. 9532-Me1cher-9/10/75
income and resources deriving from reserved Indian
[Ways & Means]
lands shall be disregarded in determining eligibi-
lity for, or the amount of, benefits payable to
Indian people under aid to families with needy
children programs and aid and medical assistance
for the aged, blind, or disabled.
Surface Mining Control and Reclamation Act of 1976
H.R. 9725 (H.R.12474;12475)-Melcher-
9/19/75
3/15/76-HRpt. 94-896
To create the Young Adult Conservation Corp to
H.R. 10138-Meeds-10/9/75
complement the YCC.
[Education & Labor]
5/14/76-HRpt. 94-1146
5/25/76-Passed as reptd.
5/26/76-To Senate Labor & Pub. Welfare
5/28/76-Rereferred to Interior
6/17/76-Senate Hearing
To authorize BIA grants to Indian controlled
H.R. 11220 (S. 2634)-Abdnor-12/17/75
community colleges.
Restoration of the Confederated Siletz Indians
H.R. 11221 (S2801)-AuCoin-12/17/75
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
HOUSE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
To extend the protection of section 1114, of title
H.R. 11390-Andrews-1/20/76
18, USC, to officers and employees of the IHs of US.
[Judiciary]
To establish a Department of Education which
H.R. 11424-Litton-1/20/76
includes the transfer of BIA schools to the new
[Government Operations]
Department.
Emergency Employment Project Adendment of 1976
H.R. 11453-(S.2399)-Daminick-1/22/76
[Education & Labor]
2/3/76-HRpt. 94-804
2/10/76-Passed as reptd.
2/16/76-Tb Senate Labor & Public
Welfare
TO permit the Soboba Band of Mission Indians to
H.R. 11530-Pettis-1/27/76
participate in IHS sanitation facilities programs
on the same basis as other federally recognized
Indian groups. (content of bill added to H.R. 2525
by Interior Com. 3/2/76).
TO provide for the striking of a commemorative
H.R. 11531-Shriver-1/27/76
medal honoring the American Indian heritage
(H.R. 13294; S. 3361)
[Banking, Currency & Housing]
Commemoration of the opening of the Cherokee Strip
H.R. 11886-Skubitz-2/11/76
to homesteading.
Authorize appropriation for the ICC for FY 1977
H.R. 11909 (S.2981) -Meeds-2/17/76
3/18/76-House Hearing
4/15/76-HRpt. 94-1150
Declare U.S. hold in trust for the Pueblo of Santa
H.R. 12003(04;04)-Lujan-2/19/76
Ana certain public domain lands.
TO amend the Johnson-o"Malley Act (25 USC 452 et seq)
H.R. 12237-Abdnor-3/1/76
NOTE: Bills Referred to
Indian Affairs
Subcommittee
unless stated
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
otherwise
BUREAU OF INDIAN AFFAIRS
STATUS OF LEGISLATION
94th CONGRESS
HOUSE
Ending:
Bill Nos. &
TITLE OR DIGEST OF BILL
ACTION TAKEN
Vocational Education and National Institute
H.R. 12835 (H.R. 12853; S. 2657)-Quie
of Education Amendments, 1976
3/29/76 [Education & Labor]
5/4/76-HRpt. 94-1085
5/11/76-Passed, as reptd.
5/17/76-Tb Senate Labor & Public Welfare
To authorize appropriations for Uintah Unit,
H.R. 13369-McKay-4/29/76
Central Utah project, Utah
(S. 3395)
5/18/76-Dpt. rep. to Com.
5/20/76-House Hearing
Law Enforcement Authority -To clarify and
H.R. 14413-Lujan-6/16/76
strengthen the authority for certain Interior
Dept. law enforcement services, activities, and
officers in Indian country.
Land holdings-consolidation-To authorize Indian
H.R. 14417-Meeds-6/16/76
tribes to consolidate their land holdings, to
provide for inventories of Indian trust resources.
To amend the Federal Property and Administrative
H.R. 14451 (H.R. 9593)-Brooks-6/17/76
Services Act of 1949 to permit the donation of
[Government Operations]
Federal surplus personal property in the states
and local organizations.
Amend the Act of 12/15/1971, relating to the
H.R. 14529 (H.R. 14615)-Steiger-6/23/76
Navajo Community College.
[Education & Labor]
(S. 3558)
Amend the ICC Act of 8/13/1946
H.R. 14629 (H.R. 12645) (see S. 2780)- -
Steed-6/30/76
SELECTED PUBLIC LAWS ENACTED BY THE 94th CONGRESS, 1st SESSION
PUBLIC LAW
DATED APPROVED
TITLE OR SUBJECT
94-4
February 20, 1975
Provides that the charge imposed
H.R. 1589
H. Rpt. 94-2
on any household for a coupon
89 Stat. 6
allotment under Food Stamp Act
after the date of enactment of this
Act and prior to December 30, 1975,
may not exceed the charge that
would have been imposed on such
household for such coupon allotment
under rules and regulations
promulgated under such Act and
in effect on January 1, 1975.
94-12
March 29, 1975
Tax Reduction Act of 1975
H.R. 2166
H. Rpt. 94-19
89 Stat. 26
S. Rpt. 94-36
94-20
May 2, 1975
Elementary and Secondary Education -
S. 1310
S. Rpt. 94-57
School Lunch Program - Extension -
94 Stat. 82
Provides that the special food
service program for children under
the National School Lunch Act
shall be continued through the summer
until September 30, 1975. Specifies
that reimbursement rates for meals
served from May through September,
1975, in service institutions
operating such summer food services
programs shall be adjusted to
reflect changes in the cost of
operating such programs as indicated
by the Consumer Price Index.
94-22
May 19, 1975
To revise certain provisions of
S. 172
H. Rpts. 94-5 accompanying
Title 5, U.S.C., relating to per
89 Stat. 84
H.R. 2302 and 94-104
diem and mileage expenses of Govern-
accompanying H.R. 4834
ment employees, and for other
S. Rpt. 94-42
purposes.
SELECTED PUBLIC LAWS ENACTED BY THE 94th CONGRESS, 1st SESSION
PUBLIC LAW
DATED APPROVED
TITLE OR SUBJECT
94-31
June 10, 1975
Revises the Grand Canyon National
H.R. 4109
H. Rpt. 94-148
Park Enlargement Act to require
89 Stat. 172
S. Rpt. 94-143
the Secretary of the Interior to
report his recommendations to the
President as to the suitability of
any area within the national park
for preservation as wilderness.
Requires any designation of such
areas as wilderness to be made in
accordance with the Wilderness Act.
94-32
June 12, 1975
Making supplemental appropriations
H.R. 5899
H. Rpt. 94-141
for FY ending 1975 (89 Stat. 173)
89 Stat. 173
S. Rpt. 94-137
Conf. Rpt. Hse. 94-239
94-45
June 30, 1975
Unemployment Compensation - Benefits -
H.R. 6900
H. Rpt. 94-220
Extension - Provides, for purposes of
89 Stat. 236
S. Rpt. 94-200
unemployment assistance, under the
Conf. Rpt. Hse. 94-328
Emergency Unemployment Compensation
Act of 1974, that there is a State
"Emergency on" indicator if the rate
of insured unemployment in a State
has for such week and the preceding
12 weeks been at five percent or
greater; and that there is an "off"
indicator when the rate is less than
five percent for such period.
94-63
July 27, 1975
Health - Nurses' Training - Special
S. 66
S. Rpt. 94-29
Health Revenue Sharing Act - Directs
89 Stat. 304
Conf. Rpt. Hse. 94-348
the Secretary of Health, Education, and
Welfare to make grants to State health
and mental health authorities to
assist in meeting the costs of
providing comprehensive public health
services.
94-73
August 6, 1975
Voting Rights Act of 1965, amend-
H.R. 6290
H.Rpt.94-196
ments. In an important expansion,
89 Stat. 400
S.Rpt.94-295
provisions were included to extend
voting assistance to specified
language minorities, defined as
American Indian, Alaskan Native,
and those of Spanish heritage.
SELECTED PUBLIC LAWS ENACTED BY THE 94th CONGRESS, 1st SESSION
PUBLIC LAW
DATED APPROVED
TITLE OR SUBJECT
94-80
August 9, 1975
Permits the American Indian Policy
S. 2073
H. Rpt. 94-426
Review Commission to accept and use
89 Stat. 415
voluntary contributions of services,
money, and property. Permits
the mailing of the mail matter of
the Commission under the congressional
frank.
94-81
August 9, 1975
Excludes, under the Internal Revenue
H.R. 83
H. Rpt. 94-250
Code of 1954, from gross income
89 Stat. 417
S. Rpt. 94-272
gains from the condemnation of
specified forest lands held in
trust for the Klamath Indian Tribe.
94-102
October 3, 1975
Public Works - Reclamation Projects -
H.R. 543
H. Rpt. 94-102
Repayments.
89 Stat. 405
S. Rpt. 94-380
94-105
October 7, 1975
Amendment to the National School
H.R. 4222
H. Rpts. 94-68, 94-427
Lunch Act and Child Nutrition Act
89 Stat. 511
and 94-474
of 1966.
94-114
October 17, 1975
Transfer of remaining submarginal
S. 1327
S. Rpt. 94-377
land to tribes.
89 Stat. 577
94-115
October 17, 1975
Transfer of lands to Languna
S. 557
S. Rpt. 94-147
Pueblo.
89 Stat. 580
94-135
November 28, 1975
Older Americans Amendments,
H.R. 3922
H. Rpts. 94-67, 94-670
includes tribal participation.
89 Stat. 713
S. Rpt. 94-255 accompanying
S. 1425
SELECTED PUBLIC LAWS ENACTED BY THE 94th CONGRESS, 1st SESSION
PUBLIC LAW
DATED APPROVED
TITLE CR SUBJECT
94-142
November 29, 1975
To amend the education of the
S. 6
H. Rpts. 94-332 accompanying
Handicapped Act to provide
89 Stat. 773
H.R. 7217
educational assistance to all
S. Rpts. 94-168 and 94-455
handicapped children, and for
other purposes.
94-156
December 16, 1975
Natural Resources - Water -
H.R. 6669
H. Rpt. 94-482
Investigation - Yakima Project.
89 Stat. 825
S. Rpt. 94-497
94-157
December 18, 1975
Supplemental Appropriations,
H.R. 10647
H. Rpt. 94-645
FY 1976.
89 Stat. 826
S. Rpt. 94-511
94-165
December 23, 1975
Appropriations - FY 1976 -
H.R. 8773
H. Rpts. 94-374, 94-701
Interior Department, BIA, IHS, and
89 Stat. 977
S. Rpt. 94-462
HEW Indian Education.
94-166
December 23, 1975
Civil Service Retirement -
H.R. 6642
H. Rpt. 94-446
Annuities Allotments.
89 Stat. 1002
S. Rpt. 94-537
94-172
December 23, 1975
Federal Employees - Leave
H.R. 7976
H. Rpt. 94-447
Restoration.
89 Stat. 1025
S. Rpt. 94-536
94-175
December 23, 1975
Authorizations - Interior Department
S. 1922
S. Rpt. 94-417
To amend the Act of July 7, 1979
89 Stat. 1030
H. Rpt. 94-695
84 Stat. 409) to authorize
appropriations to the Secretary
of the Interior without reference
to the agencies involved. Walla
Walla Project.
:
SELECTED PUBLIC LAWS ENACTED BY THE 94th CONGRESS, 1st SESSION
PUBLIC LAW
DATED APPROVED
TITLE OR SUBJECT
94-183
December 31, 1975
Civil Service Retirement -
H.R. 4573
S. Rpt. 94-540
Application Time Limit.
89 Stat. 1057
H. Rpt. 94-252
94-189
December 31, 1975
H.R. 4016
Sac and Fox Indians - Judgment
H. Rpt. 94-712
Distribution.
89 Stat. 1093
94-204
January 2, 1976
S. 1469
Alaska Natives Claims Settlement
S. Rpt. 94-361
Act Amendments
89 Stat. 1145
&
SELECTED PUBLIC LAWS ENACTED BY THE 94TH CONGRESS, 2ND SESSION
PUBLIC LAW
DATE APPROVED
TITLE OR SUBJECT
94-235
March 17, 1976
To establish the Chickasaw
H.R. 4979
HRpt. No. 94-803
National Recreation Area in
90 Stat. 237
SRpt. No. 94-678
the State of Oklahoma, and
for other purposes.
94-262
April 11, 1976
To convey certain federally
H.R. 1466
HRpt. No. 94-477
owned land to the Twentynine
90 Stat. 327
SRpt. No. 94-729
Palms Park and Recreation
District.
94-265
April 13, 1976
To provide for the conservation and
H.R. 200
HRpts. No. 94-445
management of the fisheries, and for
90 Stat. 331
and No. 94-948
other purposes.
SRpts. No. 94-416,
94-459, and No. 94-515,
all accompanying S. 961,
and No. 94-711
94-266
April 15, 1976
Making emergency supplemental
H.J.Res. 890
appropriations for public employment
90 Stat. 362
programs, summer youth programs, and
preventive health services for
FY ending 6-30-76.
94-271
April 21, 1976
To provide for the division of assets
H.R. 1465
HRpt. 94-476
between the Twentynine Palms Band and
90 Stat. 373
SRpt. 94-738
Cabazon Band of Mission Indians, Cal.
94-273
April 21, 1976
To make permanent changes in laws
S. 2445
HRpt. No. 94-1000
necessary to comply with the change
90 Stat. 382
accompanying H.R.
to the new FY Oct. 1 - Sept. 30.
12605
SRpt. No. 94-469
94-274
April 21, 1976
To provide for the orderly transition
S. 2444
HRpt. No. 94-1001
to the new FY Oct. 1 - - Sept. 30.
90 Stat. 395
accompanying H.R.
12606
SRpt. No. 94-468
94-280
May 5, 1976
To authorize appropriations for the
H.R. 8235
HRpt. No. 94-476
construction of certain highways.
90 Stat. 373
SRpt. No. 94-738
R.FORD
079930
SELECTED PUBLIC LAWS ENACTED BY THE 94TH CONGRESS, 2ND SESSION
PUBLIC LAW
DATE APPROVED
TITLE OR SUBJECT
94-297
May 29, 1976
"Indian Crimes Act of 1976"
S. 2129
HRpt. No. 94-1038
90 Stat. 586
SRpt. No. 94-620
94-303
June 1, 1976
Supplemental Appropriation for
H.R. 13172
HRpts. No. 94-1027
FY 1976 thru 9-30-76
90 Stat. 660
and No. 94-1133
SRpt. No. 94-802
94-310
May 13, 1976
To amend title 5, USC, to grant
H.R. 11438
SRpt. 94-830
court leave to Federal employees
when called as witnesses in certain
judicial proceedings, and for other
purposes.
94-
Comprehensive Alcohol Abuse
S. 3184
SRpt. 94-705
and Alcoholism Prevention, Treatment,
S.Doc. No. 94-209
and Rehabilitation Act Amendments of
1976.
HOUSE SCHEDULE FOR REMAINDER OF 1976
Independence Day (Sun., July 4)
Mon., July 5 through Fri., July 16
and Democratic Convention (week
of July 12)
Republican Convention (week of
Thurs., Aug. 12 through Fri.,
August 16)
Aug. 20
Labor Day (Mon., Sept. 6)
Fri., Sept. 3 through Tues. Sept. 7
Jewish New Year (Sat., Sept. 25)
Fri., Sept. 24
Adjourn
Sat., Oct. 2
Recesses commence at the close of business on the PREVIOUS LEGISLATIVE DAY.
If necessary to continue Session past October 2, a Yam Kippur (October 4)
recess will be necessary. Election Day is Tuesday, November 2.
SENATE SCHEDULE FOR REMAINDER OF 1976
July 4 (Sun.) and Democratic
C.O.B. Fri., July 2 until Mon.,
Convention
July 19
Republican Convention
C.O.B. Wed., August 11, until Mon.,
Aug. 23
Labor Day (Mon., Sept. 6)
C.O.B. Wed., Sept. 1, until Tues.,
Sept. 7
Expected Adjournment Sine Die
Sat. Oct. 2
TO SCHEDULE NON-FEDERAL WITNESSES
Hearings-Senate Indian Affairs Subcommittee:
Communicate with Forrest Gerard, Room 3106, Dirksen
Senate Office Building, United States Senate,
Washington, D. C. 20510
Phone: (FTS 202-224-7143)
Hearings-House Indian Affairs Subcommittee:
Communicate with Franklin Ducheneaux, Room 422 House
Congressional Annex, House of Representatives,
Washington, D. C. 20515
Phone: (FTS 202-225-1684)
TO SCHEDULE NON-FEDERAL TESTIMONY
Hearings before other Committees, communicate with the Committee's
Office.
TENTATIVE CONGRESSIONAL COMMITTEE SCHEDULES
1976
7/20
Markup-House Agriculture - H .R. 13613, Amendments to
Food Stamp Act.
7/20,22
Hearing-House Judiciary-Oversight on equal opportunity
23
in rural housing programs.
7/21
Markup-House Interior- H.R. 13950, Strip Mining Control
7/24
Hearing-Oversight, House Education and Labor Subcom.- -
Comprehensive Employment Training Administration programs.
7/26
Markup-Senate Education and Labor Subcom. -H.R. 12987,
Comprehensive Employment and Training Act (Jobs).
8/3&5
Hearing-House Interior-re P.L. 93-153 (Transportation
and distribution of Alaska crude oil to lower 48 States.)
8/5&10
Hearing-Senate Interior-S. 3298, Five Central Arizona
Tribes (surface water rights).
TBA
Hearings-Field-House Interior Subcom. on Indian Affairs-
H.R. 14417, Indian land consolidations, So. Dak.
TBA
Hearing-Senate Interior Subcom. on Indian Affairs-
Oversight on Indian contracting.
TBA
Markup-House Government Operations-H.R. 14451, disposal
of surplus property to States.
STATE S. OF OFFICER
United States Department of the Interior
BUREAU OF INDIAN AFFAIRS
WASHINGTON, D. C. 20245
March
1849
IN REPLY REFER TO:
Legislation
BUG 13 1976
All Tribal Chairmen
Dear Tribal Chairman:
We will shortly be asked to submit items which we wish to have
incorporated in the Interior Department's Preliminary Legislative
Program for the 95th Congress. Your suggestions would be appreciated
and should reach us by October 4, 1976. However, we welcome at any
time any legislative proposal that you might wish to send to us as
well as copies of proposals which you may submit to your congressional
delegation.
The proposals sent to us need not include draft legislative language
but should include as complete an explanation as possible. If a proposal
would involve additional cost to the Federal Government, please provide
your best estimate as to the amount of such cost.
Proposals may be submitted directly to this office or through your
Agency Superintendent and Area Director.
Your advice on needed legislation is greatly valued.
Sincerely yours,
Morris Thompson Commissioner
FORD
GERALD
CONSERVE
AMERICA'S
ENERGY
Save Energy and You Serve Americal
STATES
OF
United States Department of the Interior
BUREAU OF INDIAN AFFAIRS
WASHINGTON, D. C. 20245
March
1849
IN REPLY REFER TO:
Legislation
AUG 1 3 1976
Memorandum
To:
Directors: Trust Responsibilities
Tribal Resources Development
Indian Services
Indian Education Programs
Administration
Area Directors: Eastern Area; Aberdeen, Albuquerque,
Anadarko, Billings, Juneau, Minneapolis,
Muskogee, Navajo, Phoenix, Portland,
Sacramento
From:
Commissioner of Indian Affairs
Subject: Preliminary Legislative Program, First Session, 95th Congress
We will shortly be asked to submit items which we wish to have
incorporated in the Interior Department's Preliminary Legislative
Program for the 95th Congress. Your suggestions would be appreciated
and should reach us by October 4, 1976. However, we welcome at any
time any legislative proposal that you might wish to send to us as
well as copies of proposals which you may submit to your congressional
delegation.
The proposals sent to us need not include draft legislative language
but should include as complete an explanation as possible. If a proposal
would involve additional cost to the Federal Government, please provide
your best estimate as to the amount of such cost.
Letters requesting legislative proposals for the 95th Congress have
also been sent to all Tribal Chairmen and to the National Congress
of American Indians and the National Tribal Chairman's Association.
Monis Thompson Commissioner
CONSERVE
AMERICA'S
ENERGY
Save Energy and You Serve Americal
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
Bureau of Indian Affairs
Legislative Report
94th Congress - 2nd Session
Period Ending
August 10, 1976
CONGRESSIONAL RECORD
July 19
Bills enacted into law July 5 thru July 14, 1976:
S. 2853, to insure a proper level of accountability on
the part of food stamp vendors. Signed July 5, 1976.
(P.L. 94-339) ;
H.R. 5630, authorizing funds through fiscal year 1978
for assistance for State boating safety programs.
Signed July 6, 1976. (P.L. 94-340) ;
H.R. 12188, making certain technical and conforming amendments
to the Community Services Act of 1974.
Signed July 6, 1976. (P.L. 94-341) ;
H.R. 11439, to restore eligibility for health benefits
coverage to certain individuals whose survivor annuities
are restored.
Signed July 6, 1976. (P.L. 94-342) ;
H.R. 12545, authorizing funds for flood control and navigation
projects in 13 river basin plans authorized for construction
by the Army Corps of Engineers.
(P.L. 94-347) ; Signed July 8, 1976
H.R. 14237, making appropriations for the Department of
Agriculture for fiscal year 1977.
Signed July 12, 1976. (P.L. 94-351) ;
H.R. 9771, to provide for the continued expansion and improvement
of the Nation's airport and airway system.
Signed July 12, 1976. (P.L. 94-353) ;
H.R. 14236, making appropriations for public works and certain
related activities for fiscal year 1977.
Signed July 12, 1976. (P.L. 94-355) ;
- 2 -
H.R. 10572, to provide that the provisions relating to the
withholding of city income or employment taxes from Federal
employees shall apply to taxes imposed by certain nonincorporated
local governments.
Signed July 12, 1976. (P.L. 94-358);
H.R. 14239, making appropriations for the Departments of
Justice, and Commerce and the Judiciary for fiscal year 1977.
Signed July 14, 1976. (P.L. 94-362).
H.R. 14261, making appropriations for the Department of the
Treasury, Postal Service, Executive Office of the President,
and certain independent agencies for fiscal year 1977.
Signed July 14, 1976. (P.L. 94-363).
H.R. 14484, to make permanent the existing temporary authority for
reimbursement of States for interim assistance payments
under title XVI of the Social Security Act.
Signed July 14, 1976. (P.L. 94-365).
On July 3, 1976, during its adjournment, the Senate received a Presidential
veto message on S. 391, proposed Federal Coal Leasing Amendments Act of
1975; to Interior Committee; S.Doc.No. 94-229.
On July 6, 1976, during its adjournment, the Senate received a Presidential
veto message on S. 3201, authorizing funds for anti-recessionary public
works employment programs; S.Doc.No. 94-230.
The Senate passed and sent to the House S. 3370, to amend the Small
Business Investment Act to increase the authorization for the Surety
Bond Gurantee Fund, and for other purposes.
The House received a message from the President wherein he announced his
veto of H.R. 12567, to authorize appropriations for the Federal Fire
Prevention and Control Act of 1974 and the Act of March 3, 1901, for FYs
1977-78; H.Doc.No. 94-547.
The Senate passed H.R. 366, to provide benefits to survivors of certain
public safety officers who die in the performance of duty, S. 230,
authorizing group life insurance programs for public safety officers,
was placed on the calendar under Subjects on the Table.
The House and Senate received the Indian Claims Commission's final
determination relating to the Choctaw Nation in Docket No. 249.
- 3 -
The House received a letter from the Comptroller General, transmitting
notice of his intention to bring civil actions to (1) require the release
of funds for the Health Services Administration's home health service
projects which were proposed to be rescinded, on which Congress did not
complete action during the statutory 45 days of continuous session which
expired on March 19, 1976, and which have not been released by HEW
(H.Doc.No. 94-557) and (2) require the release of funds for the operating
subsidies program under section 212 of the Housing and Community Development
Act of 1974, the de facto rescission of which he reported to Congress
(H.Doc.No. 94-466), on which Congress did not complete action during the
statutory 45 days of continuous session which expired on June 16, 1976,
and which have not been released by HUD (H.Doc.No. 94-558).
Rep. Dickinson introduced H.R. 14712, to authorize the Secretary of the
Interior to assist in the preservation of the Fort Toulouse National
Historic Landmark and Taskigi Indian Mound in the State of Alabama; to
Interior Comm.
July 20
The House and Senate agreed to the conference report on H.R. 14231,
making FY 1977 appropriations for the Interior Dept. and related agencies.
The Senate passed with committee substitute amendments and returned to
the House H.R. 5465, to revise retirement benefits for certain employees
of the Bureau of Indian Affairs and the Indian Health Service who are
not entitled to Indian preference.
The Senate agreed to the conference report on S. 3295, extending and
revising certain housing programs, clearing it for Presidential action.
The Senate passed and sent to the House S. 972, providing scholarships
for the dependent children of public service officers who die in the
line of duty.
The House Interior Com's Subcommittee on Water and Power Resources
approved for full Committee action H.R. 14578, amended, to authorize
various Federal reclamation projects and programs.
July 21
The Senate voted to override the President's veto of S. 3201, Public
Works and Economic Development Act of 1965 Amendments.
The Congress received a GAO report entitled "The National Assessment of
Educational Progress: Its Results Need to Be Made More Useful"; to
FORD
Com's on Gov. Ops. and House Ed. and Labor Comm.
- 4 -
Rep. Leggett and others introduced H.R. 14785, a bill to authorize and
direct the Secretary of the Department of Health, Education, and Welfare
to convey certain lands to D-Q University on fee simple absolute; to
Interior Comm.
The Senate Interior Comm. filed its report on S. 2780, to eliminate the
defense of Res. adjudicata to permit certain Sioux Tribes to obtain a
decision on a claim respecting the transfer of the Black Hills to the
United States in 1877, with an amendment Rpt. 94-1042).
July 22
The House voted to override the President's veto of S. 3201, enacting it
into law as P.L. 94-369.
The Senate passed S. 3369, increasing the authorizations for loan and
guarantee programs conducted by the Small Business Administration.
The House received a message from the President transmitting a proposed
agenda of legislative proposals which he recommends that Congress enact
prior to adjournment of this Congress.
The Senate passed S. 393, ("Montana Wilderness Study Act of 1976") to
provide for the study of certain lands to determine their suitability
for designation as wilderness in accordance with the Wilderness Act of
1964.
The House passed S. 507 after substituting the amended language of H.R.
13777, Federal Land Policy and Management Act of 1976, also referred to
as the BLM Organic Act.
The House received the conference report (No. 94-1362) on H.R. 14233,
making FY 1977 appropriations for HUD and certain other agencies.
Sen. Robert C. Byrd introduced S. 3689, to reorganize the executive
branch of the Government to create a Department of Health, a Department
of Education, and a Department of Welfare, and for other purposes; to
Gov. Ops. Comm.
Section 204(d) provides - "There are transferred to the Secretary
[of Education] all functions of the Secretary of the Interior with
respect to the operation of schools for Indian children being ad-
ministered by him through the Bureau of Indian Affairs."
- 5 -
Rep.'s Bedell, Meeds, Schroeder, Pressler, and Abdnor introduced H.R.
14824, to authorize appropriations for purposes of making certain grants
under the Indian Elementary and Secondary Assistance Act, the Elementary
and Secondary Education Act of 1965 and the Adult Education Act; to
Education and Labor Comm.
July 23
No items of interest.
July 26
The House received the Indian Claims Commission's final determination in
docket Nos. 102 and 345, Papago Tribe; to Interior Comm.
Rep. Don H. Clausen introduced H.R. 14843, to authorize appropriations
for purposes of making certain grants under the Indian Elementary and
Secondary Assistance Act, the Elementary and Secondary Education Act of
1965 and the Adult Education Act; to Education and Labor Comm.
Rep. Young of Alaska introduced H.R. 14850, to amend the Alaska Native
Claims Settlement Act to provide for the withdrawal of lands for the
Village of Klukwan, Alaska; to Interior Comm.
Rep's Kemp and Hyde introduced H.R. 14856, to prescribe the conditions
with respect to affirmative action programs required of Federal grantees
and contractors in complying with nondiscrimination programs, to prescribe
the necessary requirements for a finding of discrimination in certain
actions brought on the basis of discrimination in employment and to
prescribe reasonable limits on the collection of data relating to race,
color, religion, sex, or national origin, and for other purposes; jointly
to the Committees on the Judiciary, and Education and Labor.
Rep's Steiger of Wisconsin and Ginn introduced H.R. 14861, to provide
for certain payments to be made to local governments by the Secretary of
the Interior based upon the amount of certain public lands within the
boundaries of the locality; jointly, to the Committees on Interior and
Insular Affairs, and Merchant Marine and Fisheries.
The Senate passed S. 2212, the "Crime Control Act of 1976", to amend the
Omnibus Crime Control and Safe Streets Act of 1968, including the extension
and revision of the LEAA authorities. Included in section 20(b) of the
bill is the following language:
- 6 -
"In the case of a grant to an Indian tribe or other aboriginal
group, if the Administration determines that the tribe or group
does not have sufficient funds available to meet the local share
of the costs of any program or project to the funded under the
grant, the Administration may increase the Federal share of the
cost thereof to the extent it deems necessary. Where a State
does not have an adequate forum to enforce grant provisions imposing
liability on Indian tribes, the Administration is authorized to
waive State liability and may pursué such legal remedies as are
necessary."
The President approved S. 3184, authorizing FY 1977-1979 appropriations
for alcoholism prevention and treatment programs (PL 94-371).
July 27
The House and Senate agreed to the conference report on H.R. 14233,
making FY 1977 appropriations for HUD, clearing it for Presidential
action. The conferees agreed that the $85 million in public housing
annual contributions contracting authority earmarked for new construction
includes "the anticipated $17,000,000 for Indian housing" and that
"the 15 per centum set forth for new public housing construction in
non-metropolitan areas shall be inclusive of any contract authority
use for Indian housing."
Rep. Santini inserted a statement in the Congressional Record describing
a new solution being applied to Indian nutritional problems in Nevada,
where the nine reservations previously receiving food from the USDA's
commodity food distribution program are switching to the food stamp
program. Despite the nutritional benefits of the food stamp program,
problems of distance and cash outlay retard Indian participation and
have led the Inter-Tribal Council to implement a unique program which
involves a comprehensive grocery and nutrition education delivery system
involving an innovative mobile grocery store.
The Senate received the Indian Claims Commission's final determination
re Papago Tribe, Docket Nos. 102 and 345; to Appropriations Comm.
Rep's Bedell, Burke of Florida, Fraser, Risenhoover, Young of Alaska,
and Andrews of N.D. introduced H.R. 14869, to authorize appropriations
for purposes of making certain grants under the Indian Elementary and
Secondary Education Act of 1965, and the Adult Education Act; to Education
and Labor Comm.
Rep. Spellman introduced H.R. 14901, to allow any chief of the Piscataway
Indian Tribe to be buried at Piscataway Park in Oxon Hill, Md.; to
Interior Comm.
- 7 -
The House Merchant Marine and Fisheries Committee's Subcommittee on
Fisheries and Wildlife Conservation and the Environment approved for
full committee action:
H.R. 9067 amended, to provide additional funds to the
States for carrying out restoration projects and programs;
H.R. 13374 amended, to establish the Minnesota River Valley
National Wildlife Refuge; and,
H.R. 14418 amended, to establish a pilot program to
compensate persons who suffer loss or damage from predation
by endangered species.
July 28
The Senate Interior Committee filed its report on H.R. 10138, to create
the Young Adult Conservation Corps to complement the Youth Conservation
Corps (SRpt. 94-1053). The report includes the following:
"The Committee received testimony at the June 17 hearing indicating
concern regarding the Indian unemployment problem. On many
Indian reservations unemployment rates exceed 55 percent.
The Committee encourages the Department of the Interior to take
steps to help ensure that some YACC projects are located on
reservations with high unemployment and that young people
living on the reservations be enrolled as Corps members. The
committee also encourages the Bureau of Indian Affairs to contract
with tribes for the operation of such projects on Indian reservations
in accordance with the spirit of the Indian Self-Determination
Act."
Rep's. Pepper, Roybal, and Young (of Georgia) introduced H.R. 14918, to
amend the Higher Education Act of 1965 to provide grants to certain
eligible institutions of higher education for regional medical academic
summer enrichment programs to prepare undergraduate students from disadvantaged
backgrounds for careers in the several medical professions; to Education
and Labor Comm.
Rep. Steelman and others introduced H.R. 14923, to provide for the
elimination of inactive and overlapping Federal programs, to require
authorizations of new budget authority for Government programs and
activities at least every four years, to establish a procedure for zero-
base review and evaluation of Government programs and activities every
four years, and for other purposes; to Rules Comm.
- 8 -
Rep's. Steelman and Edgar introduced H.R. 14924, to establish a minority
business development and assistance administration in the Department of
Commerce for the purpose of improving Federal assistance to minority
business enterprises, and for other purposes; jointly to the Committees
on Banking, Currency, and Housing, and Government Operations.
Rep. Risenhoover introduced H.R. 14931, to convey certain Federal-owned
land known as the Yardeka School land to the Creek Nation of Oklahoma;
to Interior Comm.
Rep. Brooks inserted in the Congressional Record the monthly list of GAO
reports for July. Included are:
Better Federal Coordination Needed to Promote More Efficient Farm
Irrigation. RED-76-116, June 22.
The Federal Equal Employment Program for Northeast Oklahoma Construction
Projects is Weak. MWD-76-86, May 28.
Information Resources and Services Available from the General
Accounting Office. OPA-76-4, November 4, 1976.
Appraisal Procedures and Solutions to Problems Involving the 160-
Acre Limitation Provision of Reclamation Law. RED-76-119, June 3.
Acreage Limitation on Mineral Leases Are Not Effective. RED-76-
117, June 24.
Nondiscrimination Provision of the Revenue Sharing Act Should Be
Strengthened and Better Enforced. GGD-76-80, June 2.
Comparative data on the Garrison Diversion Project and other Bureau
of Reclamation projects. RED-76-80, March 5.
Summary of information on administration of Public Health Service
hospitals. MWD-76-80, April 22, 1975.
The monthly list of GAO reports and/or copies of the full texts are
available from the U.S. General Accounting Office, room 4522, 441 G
Street, NW., Washington, D.C. 20548, Phone (202) 275-6241.
-.9 -
The House passed S. 5, after substituting the language of H.R. 11656,
the "Government in the Sunshine Act", to provide that meetings of certain
Government agencies shall be open to the public. The House rejected a
proposed amendment which would have specifically listed agencies to
which the Act would apply. Included on the rejected list was the "Indian
Claims Commission". As passed, the bill applies to "any executive
department***, or other establishment in the executive branch of the
Government (including the Executive Office of the President), or any
independent regulatory agency" if it is "headed by a collegial body
composed of two or more individual members, a majority of whom are
appointed" by the President subject to Senate confirmation.
Rep's Taylor of N.C., McCormack of Wash., and others introduced H.R.
14935, to adjust the boundaries of certain units of the National Park
System; to Interior Comm. Title IV of the bill relates to the Olympic
National Park, Wash. and includes in sec. 402 - "Any property excluded
from the park by this Act which is within the boundaries of an Indian
reservation may be transferred in trust to such Indian tribe, subject
however to the express condition that any concessioner providing public
services shall be permitted to continue to provide such services in such
manner and for such period as set forth in his concession contract, and
that in the event his contract is terminated, the United States shall
purchase his possessory interest in accordance with the Act of October 9, 1965
(79 Stat. 969) Title VI provides for expansion of the Bandelier
National Monument, N.M. by 4,234 acres comprising part of the Canada de
Cochiti Grant adjacent to the southern boundary of the Monument and by
3,076 containing the headwaters of the Rio de los Frijoles adjacent to
the northwestern boundary.
July 29
Rep. Harrington and others introduced H.R. 14943, to establish a national
system of regional capital development banks to provide venture, modernization,
and expansion capital for private enterprises for the purposes of increasing
employment, expanding production, and enhancing the quality of life in
various regions of the United States; to Banking, Currency, and Housing
Comm.
Rep. Lundine and others introduced H.R. 14947, to provide for a program,
to be carried out through the Secretary of Labor, of demonstration
projects and an advisory committee to promote economic stability by
increasing employment opportunities and improving productivity; to
Education and Labor Comm.
Rep. Pressler introduced H.R. 14952, to provide loan guarantees to
restock foundation herds, to provide operational loan guarantees after
disaster loss to crops, to provide direct loans to farmers in disaster
areas and for other purposes; to Agriculture Comm.
FORD
- 10 -
The House Senate passed and cleared for the White House H.R. 14514, to
allow the State of California to provide higher supplementary payments
to its needy aged, blind, and disabled in lieu of making them eligible
for food stamps.
The Senate Post Office and Civil Service Committee's Subcommittee on
Census and Statistics began hearings on S. 3688 and H.R. 11337, to
provide for a mid-decade population census.
The House Interior Comm. ordered reported H.R. 14578, amended, to authorize
various Federal reclamation projects and programs.
The Congress received the President's message proposing recission of $45
million in appropriations for the Legal Services Corporation.
(H.Doc. 94-569)
July 30
The Senate passed S. 2780, to permit a Court of Claims decision on the
Sioux Black Hills claim and to permit the Wichita Tribe of Oklahoma to
file its land claims against the United States.
By vote of 310 yeas to 9 nays, the House passed S. 522, the Indian
Health Care Improvement Act, after substituting the language of an
amended H.R. 2525, to implement the Federal responsibility for the care
and education of the Indian people by improving the services and facilities
of Federal Indian health programs and encouraging maximum participation
of Indians in such programs.
Sen. Bentsen introduced S.J.Res. 209, authorizing the President to
proclaim the week of October 10 through 16, 1976, as "Native American
Awareness Week"; to Judiciary Comm.
Sen. Domenici announced that he is cosponsoring S. 3393, "Voting Rights
Act Repealer Amendment Act", to repeal the 1975 bilingual provisions of
the Voting Rights Act.
The President signed H.R. 14231 (PL 94-373), making FY 1977 appropriations
for the Interior Dept. and related agencies.
August 2
Sen. Stevens stated his continuing support for S. 3502, Voting Rights
Act Amendments Repealer Act.
- 11 -
The House disagreed to the Senate amendments to H.R. 5465, to allow
early retirement for certain BIA and IHS employees and appointed as
conferees: Rep's Henderson, Udall, Dominick Daniels, White, Ford of
Mich., Derwinski, and Taylor of Mo.
Rep's Ashley, Gude, Martin, and Spellman introduced H.R. 14990, to
establish a national policy on areawide planning and its coordination,
to encourage the use of organizations composed of local elected officials
to perform federally assisted or required areawide planning, to require
use of planning districts established by States in Federal planning
programs, to require certain Federal land use actions to be consistent
with State, areawide, and local planning, to authorize the Office of
Management and Budget to prescribe rules and regulations relating thereto,
and for other purposes; to Gov. Op. Comm.
The House passed H.R. 13927, to provide for the application of city
withholding taxes to Federal employees who are residents of such city,
and
H.R. 13676, to establish in the Energy Research and Development Administration
an Energy Extension Service.
August 3
The House passed S. 2981, after substituting the amended language of
H.R. 11909, authorizing FY 1977 appropriations for the Indian Claims
Commission. By a vote of 270 to 122 the bill was amended to delete an
extension of the ICC's April 1977 expiration date such as is provided
for in S. 2981 as passed by the Senate.
The House Education and Labor Comm. filed its report (No. 94-1387), on
H.R. 14824, to authorize appropriations for purposes of making certain
grants under the Indian Elementary and Secondary School Assistance Act,
the ESEA of 1965, and the Adult Education Act.
The Senate Interior Committee cancelled its hearings on S. 3298, a bill
concerning water for the five central Arizona Tribes, which had been
scheduled for August 5, 9, and 10. Earlier Sen. Griffin "at the request
of another Senator" blocked unanimous consent of the Senate to the
holding of the hearings.
Rep's Bedell and Melcher introduced H.R. 15017, to authorize appropriations
for purposes of making certain grants under the Indian Elementary and
Secondary Education Act of 1955, and the Adult Education Act; to Education
and Labor Comm.
- 12 -
The House received the Conference Report (HRpt. 94-1384) on H.R. 14233,
the Labor, and HEW FY 1977 Appropriations Act.
The House Interior Comm. filed its report (94-1383) on H.R. 14578,
authorizing various reclamation projects.
The House Agriculture Com's Conservation and Credit Subcommittee held
hearings on H.R. 10563 and H.R. 10456, Land and Water Resources Conservation
Act.
The House Government Operations Comm. ordered reported H.R. 14451, to
permit the donation of Federal surplus personal property to States for
public purposes; and H.R. 13828, to strengthen the authority of the GSA
Administrator with respect to records management by Federal agencies.
The President signed S. 3295 (PL 94-375), revising and extending certain
HUD housing programs.
The House received the SBA's proposed legislation to amend the Small
Business Act; to Banking, Housing and Urban Affairs Comm.
Sen's Bartlett, McClure, and Fannin introduced S. 3716, to amend section
35 of the Mineral Lands Leasing Act, as amended, with respect to the
payment of moneys received from sales, bonuses, royalties, and rentals
of public lands to States; to Interior Comm.
August 4
The House-Senate Conferees on S. 217 reached agreement. Under the
compromises the 1926 Pueblo lands condemnation act is repealed and the
Secretary is authorized to approve, regardless of Pueblo consent, one
10-year renewal of rights-of-way obtained under the 1926 Act. The renewal
provision apparently will apply only to two rights-of-way located on the
Santa Clara Pueblo.
The Senate Interior Comm. ordered reported S. 3395, authorizing funds
for construction of the Uintah Unit of the Central Utah project.
The House received the Conference Report (94-1392) on H.R. 12169, authorizing
FY 1977 appropriations for the Federal Energy Administration.
By a vote of 184 to 204, the House failed to pass H.R. 4634, re basic
workweek of Federal firefighting personnel
The House Judiciary Comm. began mark up of H.R. 15, Public Disclosure of
Lobbying Act.
- 13 -
August 5
The House passed H.R. 9719, to provide for payments to State or local
governments by the Secretary of the Interior based upon the amount of
certain tax exempt public lands within their boundaries. An amendment
was offered, but later withdrawn, providing for such payments with
regard to all Federally owned land except land held in trust for Indians.
The Senate agreed to a conference with the House on H.R. 5465, regarding
early retirement of certain non-Indian employees of the BIA and IHS, and
appointed Sen's McGee, Burdick, and Steyens as conferees.
Sen's Fannin, Jackson, Abourezk, Bartlett, Kennedy, Metcalf, Gravel,
Humphrey, Mansfield, Clark, Burdick, Goldwater, Culver, and Garn introduced
S. 3737 (same as H.R. 14824 mentioned above), to authorize appropriations
to continue funding for certain grantees under the Indian Elementary and
Secondary Assistance Act, the ESEA of 1965, and the Adult Education Act.
Sen. Fannin also introduced S. Res. 512 to provide for Senate consideration
of H.R. 14824 when it is received by the Senate and waiving requirements
of the Congressional Budget Act of 1974. S. 3737 was placed on the
Senate calendar.
The Senate received the Conference Report (94-1119) on H.R. 12169,
extending the Federal Energy Administration, establishing a housing
weatherization grant program for low income families, and including
other energy conservation provisions.
The Senate Interior Comm. filed its report (94-1122) on S. 3283, authorizing
construction of the Oroville-Tonasket unit extension, Chief Joseph Dam,
Wash.
The House Interior Comm. ordered reported S. 3651, to amend the Alaska
Native Claims Settlement Act to provide certain lands for Klukwan village.
The Senate passed S. 3219, Clean Air Amendments of 1976. Sec. 6 of the
bill would add a new section 110(g) of the Clean Air Act which defines
the term "Federal Land Manager" to mean (i) the Secretary of the department
with authority over any lands of the United States, and (ii) Indian
tribes which have legal jurisdiction over tribal lands". The subsection
gives "Federal Land Managers" an "affirmative responsibility to protect
the air quality related values" of lands for which they are responsible
in "class 1" areas but leaves to the state the final decision regarding
issuance of a permit for a proposed facility which a "Federal Land
Manager" maintains will have an adverse effect on the "air quality-
related values" of the land for which the Manager is responsible.
- 14 -
August 6
The Senate passed S. 3283, to authorize construction and maintenance of
the Oroville-Tonasket unit extension, Chief Joseph Dam, Wash.
The Senate Judiciary Comm. filed its report (94-1130) on S. Res. 378, to
refer to the Court of Claims for a report on the bill S. 2907, for the
relief of innocent victims of the occupation of Wounded Knee, S.D.
The Senate Govt. Ops. Comm. filed its report (94-1137) on S. 2925, to
provide for elimination of inactive and overlapping Federal programs, to
require new authorizations for Govt. programs and activities at least
every 4 years, to establish a zero-base budget review procedure for
Govt. programs and activities every 4 years, and for other purposes.
The bill was referred to the Finance and Rules Committees.
August 9
The Senate agreed to S. Res. 378, thereby referring (no House action is
required) the bill S. 2907 ("for the relief of innocent victims of the
occupation of Wounded Knee, S.D.") to the Court of Claims for a factual
report including "the amount due to each of the claimants".
The Senate passed and returned to the House H.R. 3650, to (1) require
Federal agencies reemploying civil service annuitants to deposit to the
credit of the retirement fund the amounts of annuity deducted from their
salaries and (2) provide for recomputation of annuity amounts in certain
reemployment situations.
The House Govt. Ops. Comm. filed its report (94-1402) on H.R. 14451, to
permit the donation of Federal surplus personal property to the States
and local organizations for public purposes.
The House Interior Comm. began markup of H.R. 13950, Surface Mining
Control and Reclamation Control Act of 1976.
Rep. AuCoin of Ore. inserted in the Congressional Record a speech by
Rep. Bonker of Wash. concerning Indian fishing rights court decisions.
The President signed H.R. 14233 (PL 94-378) making FY 1977 appropriations
for HUD and independent agencies.
- 15 -
August 10
The Senate and House agreed to H.Con.Res. 707 providing for their adjournment
on August 10 and return on August 23.
The Senate passed H.R. 12987, authorizing FY 1977 appropriations for
CETA's public service jobs program and making other charges in that Act,
and requested a conference with the House.
The House agreed to the Conference Report on H.R. 12169, FEA extension
and housing weatherization program authorization, clearing it for Presidential
action.
The Congressional Record includes a statement by Sen. Goldwater entitled
"S. 3298 - The Two Billion Dollar Water Grab".
The House agreed to the Conference Report on H.R. 14232, FY 1977 appropriations
for Departments of Labor and HEW, clearing it for Senate action.
Rep. Brown of Ohio introduced H.R. 15130, to remove disincentives to
work under title IV, Part C of the Social Security Act, increase work-
experience project funding, and for other purposes; and
H.R. 15131, to authorize grants to encourage employment and training of
the unemployed; both bills to Ed. and Labor Comm.
Rep. Pettis introduced H.R. 15144, to authorize Interior Dept. payment
of charges on certain Pueblo lands by the Middle Rio Grande Conservancy
District; to Interior Comm.
Rep. Rodino and others introduced H.R. 15173 and 15174, to permit awards
of attorneys' fees and other expenses for public participation in proceedings
before Federal agencies; to Judiciary Comm.
The House Agriculture Comm. ordered reported H.R. 13613, Food Stamp Act
of 1976.
The House Appropriations Comm. ordered reported a bill making FY 1977
appropriations for public works employment.
SELECTED PUBLIC LAWS ENACTED BY THE 94TH CONGRESS, 2ND SESSION
PUBLIC LAW
DATE APPROVED
TITLE OR SUBJECT
94-235
March 17, 1976
To establish the Chickasaw
H.R. 4979
HRpt. No. 94-803
National Recreation Area in
90 Stat. 237
SRpt. No. 94-678
the State of Oklahoma, and
for other purposes.
94-262
April 11, 1976
To convey certain federally
H.R. 1466
HRpt. No. 94-477
owned land to the Twentynine
90 Stat. 327
SRpt. No. 94-729
Palms Park and Recreation
District.
94-265
April 13, 1976
To provide for the conservation and
H.R. 200
HRpts. No. 94-445
management of the fisheries, and for
90 Stat. 331
and No. 94-948
other purposes.
SRpts. No. 94-416,
94-459, and No. 94-515,
all accompanying S. 961,
and No. 94-711
94-266
April 15, 1976
Making emergency supplemental
H.J.Res. 890
appropriations for public employment
90 Stat. 362
programs, summer youth programs, and
preventive health services for
FY ending 6-30-76.
94-271
April 21, 1976
To provide for the division of assets
H.R. 1465
HRpt. 94-476
between the Twentynine Palms Band and
90 Stat. 373
SRpt. 94-738
Cabazon Band of Mission Indians, Cal.
94-273
April 21, 1976
To make permanent changes in laws
S. 2445
HRpt. No. 94-1000
necessary to comply with the change
90 Stat. 382
accompanying H.R.
to the new FY Oct. 1 - Sept. 30.
12605
SRpt. No. 94-469
94-274
April 21, 1976
To provide for the orderly transition
S. 2444
HRpt. No. 94-1001
to the new FY Oct. 1 - Sept. 30.
90 Stat. 395
accompanying H.R.
12606
SRpt. No. 94-468
94-280
May 5, 1976
To authorize appropriations for the
H.R. 8235
HRpt. No. 94-476
construction of certain highways.
90 Stat. 373
SRpt. No. 94-738
TORD
SELECTED PUBLIC LAWS ENACTED BY THE 94TH CONGRESS, 2ND SESSION
PUBLIC LAW
DATE APPROVED
TITLE OR SUBJECT
94-297
May 29, 1976
"Indian Crimes Act of 1976"
S. 2129
HRpt. No. 94-1038
90 Stat. 586
SRpt. No. 94-620
94-303
June 1, 1976
Supplemental Appropriation for
H.R. 13172
HRpts. No. 94-1027
FY 1976 thru 9-30-76
90 Stat. 660
and No. 94-1133
SRpt. No. 94-802
94-310
May 13, 1976
To amend title 5, USC, to grant
H.R. 11438
SRpt. 94-830
court leave to Federal employees
when called as witnesses in certain
judicial proceedings, and for other
purposes.
94-371
July 26, 1976
Comprehensive Alcohol Abuse
S. 3184
SRpt. 94-705
and Alcoholism Prevention, Treatment,
S.Doc. No. 94-209
and Rehabilitation Act Amendments of
1976.
94-373
July 31, 1976
Interior & Related Agencies Approp.
H.R. 14231
HRpt. 94-1218
FY 1977
SRpt. 94-991
HConf. 94-1330
94-375
August 3, 1976
Housing Amendment Act of 1976
S. 3295
SRpt. 94-749
Revising & extending certain HUD
SConf. 94-1291
programs.
HConf. 94-1304
TO SCHEDULE NON-FEDERAL WITNESSES
Hearings-Senate Indian Affairs Subcommittee:
Communicate with Forrest Gerard, Room 3106, Dirksen
Senate Office Building, United States Senate,
Washington, D. C. 20510
Phone: (FTS 202-224-7143)
Hearings-House Indian Affairs Subcommittee:
Communicate with Franklin Ducheneaux, Room 422 House
Congressional Annex, House of Representatives,
Washington, D. C. 20515
Phone: (FTS 202-225-1684)
TO SCHEDULE NON-FEDERAL TESTIMONY
Hearings before other Committees, communicate with the Committee's
Office.
TENTATIVE CONGRESSIONAL COMMITTEE SHCEDULES
1976
HEARINGS
8/23
House Subcom. on Indian Affairs-H.R. 14417, Indian land
(tentatively)
consolidation
8/24,24
House Subcom. on Water Resources--Water Resources
9/1&2
Development Act of 1976
8/24
House Subcom. on Water & Power-Federal Reclamation
(tentatively)
project
8/27
Senate Subcom. on Environment-Payment in lieu of taxes,
H.R. 9719 & S. 3468
9/13
House Subcom. on Indian Affairs-Sioux & Wichita claims
S. 2780; & Zuni land claims, S. 877.
MARKUPS
8/24,25,26
House Interior & Insular Affairs Comm.-Surface Mining
H.R. 13950
8/24
House Merchant Marine & Fisheries-Pilot program compensa-
tion to victims of predation by Endangered Species,
H.R. 14418.
HOUSE SCHEDULE FOR REMAINDER OF 1976
Republican Convention (week of
Thurs., August. 12 thru Fri.,
August 16)
Aug. 20
Labor Day (Mon., Sept. 6)
Fri., Sept. 3 thru Tues. Sept. 7
Jewish New Year (Sat., Sept. 25)
Fri., Sept. 24
Adjourn
Sat., Oct. 2
Recess commence at the close of business on the PREVIOUS LEGISLATIVE DAY.
If necessary to continue Session past October 2, a Yom Kippur (October 4)
recess will be necessary. Election Day is TUESDAY, NOVEMBER 2.
SENATE SCHEDULE FOR REMAINDER OF 1976
Republican Convention
Wed., Aug. 10 thru Mon. Aug. 23
Labor Day (Man., Sept. 6)
Wed., Sept. 1, thru Tues. Sept 7
Expected Adjournment Sine Die
Sat., October 2
ORDERING INFORMATION:
For House bills, documents, reports and public laws, write (enclos-
ing a self-addressed gummed label) to:
House Document Room, Washington, D.C. 20515.
For the Senate, same as above to:
Senate Document Room, Washington, D.C. 20510.
For copies of hearings and committee prints, write to the appropriate
committee, addressing your inquiry as follows:
Committee
House of Representatives [U.S. Senate]
Washington, D.C. 20515 [20510].
For copies of Federal Register filings, write to the agency involved
or to:
Office of the Federal Register
General Services Administration
Washington, D.C. 20408
For copies of General Accounting Reports, write to:
General Accounting Office
Room 4522
441 G Street, N.W.
Washington, D.C. 20548
(copies may be obtained for $1.00 each)
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
Bureau of Indian Affairs
Legislative Report
94th Congress 2nd Session
Period Ending September 3, 1976
Aug. 23
Bills enacted into law.
H.R. 14514, to allow the State of California to provide higher
supplementary payments to its needy aged, blind, and disabled in
lieu of making them eligible for food stamps. Signed 8/10/76
(P.L. 94-379) ;
S. 537, to eliminate the requirement for special three-judge
district courts in cases seeking to enjoin the enforcement of State
and Federal laws on the grounds of unconstitutionality.
Signed 8/12/76 (P.L. 94-381) ;
S. 1526, authorizing $9 million for acquisition of lands in the
Boundary Waters Canoe Area, Minnesota. Signed 8/13/76
(P.L. 94-384)
H.R. 12169, extending the Federal Energy Administration until
September 30, 1977. Signed 8/14/76 (P.L. 94-385).
The Senate passed S. 393, to provide for the study of certain lands in
Montana to determine their suitability for designation as wilderness.
The House Interior Subcommittee on Water and Power Resources approved
for full committee action H.R. 13101, to provide for the consideration
of the comparative productive potential of irrigable lands in determining
nonexcess acreage under Federal reclamation laws.
The Senate Interior Com. filed its report (No. 94-1158) on H.R. 13713,
to provide for increases in appropriation ceilings and boundary changes
in certain units of the National Parks System.
Rep. Jacobs and others introduced H.R. 15201, to establish the Federal
right of every unemancipated child to be supported by such child's
parent or parents and, therefore, to confer upon certain local courts of
the District of Columbia and every State and territory of the United
States jurisdiction to enforce such right regardless of such child's
residence; to Judiciary Com.
The House received from HEW proposed amendments to regulations governing
eligibility of Indian students for BIA grants-in-aid and financial
assistance from the Commissioner of Education; to Education and Labor Com.
2
Aug 23 (cont'd)
The House received the Interior Dept's. proposed plan for the use and
distribution of Seneca Indian awards granted by the Indian Claims
Commission in dockets 84, 342-B and C and 368, 342-F, and 342-I; to
Interior Com.
The House received notice of the intention of the Departments of the
Army and Agriculture to interchange lands at the Leech Lake Reservoir
Project, Minnesota, and the Chippewa National Forest; jointly to Public
Works and Transportation, and Agriculture Com's.
The House Appropriations Com. filed its report (No. 94-1425), on H.R. 15194,
FY 1977 Approprations for public works employment.
The House Committee on Government Operations filed its report (No. 94-1426),
on H.R. 13828, to strengthen the authority of the Administrator of General
Services with respect to records management by Federal agencies.
The House Interior Com. filed its report (No. 94-1427) on H.R. 13160, to
designate certain lands within units of the National Park System as
wilderness; and to revise the boundaries of certain of those units; and
(No. 94-1428) on S. 2371, to provide for the regulation of mining activity
within, and to repeal the application of mining laws to, areas of the
National Park System.
The House Government Operations Com. filed its report (No. 94-1429) on
H.R. 14451, to amend the Act of 1949 to permit the donation of Federal
surplus personal property to the States and local organizations for
public purposes.
Aug 24
The Senate agreed to the conference report on H.R. 12455, authorizing
appropriations to extend child care and social services programs.
The House passed the following:
H.R. 13828, to strengthen the authority of the Administrator for
General Services with respect to records management by Federal
agencies;
H.R. 14451, to permit the donation of Federal surplus personal
property to the States and local organizations for public purposes;
S. 2548, in lieu of H.R. 12664, to revise and extend the provisions
of title XII of the Public Health Service Act relating to emergency
medical services systems;
H.R. 15116, to amend the Federal-Aid Highway Act of 1976 to provide
an obligation limitation for FY 1977.
3
Aug 24 (cont'd)
The Senate Interior Com. filed its report (No. 94-1162), on S. 3395, to
authorize appropriations for the construction of the Uintah Unit of the
Central Utah Project.
The Senate received the Interior Dept's. proposed plan for the use and
distribution of certain judgment funds awarded by the Indian Claims
Commission, to Interior Com.
Rep. McCormack introduced H.R. 15239, to authorize the acquisition of
lands, easements, rights-of-way, and complete relocations associated
with Canyons 1 and 2 at Wenatchee, Wash.; and H.R. 15240, to authorize
hydrographic surveys of the Columbia River from Richland, Wash., to
Grand Coulee Dam; both to Public Works and Transportation Com.
Sen. Burdick introduced S. 3765, to provide for the construciton of a
certain memorial along the route of the Lewis and Clark Expedition in
North Dakota on the Fort Berthold Indian Reservation, to Interior Com.
The House Com. on Public Works and Transportation's Subcom., began
hearings on the Water Resources Development Act of 1976.
Aug 25
The House passed H.R. 15194, FY 1977 appropriations for public works
employment.
The Senate passed S. 3091, to establish guidelines for improved management
of the National Forest System.
The Senate Finance Com., concluded hearings on H.R. 13367, to amend and
extend the State and Local Fiscal Assistance Act (General Revenue Sharing).
The House passed H.R. 14070, Guaranteed Student Loan Amendments of 1976.
The House Interior Com. ordered reported H.R. 13950, Surface Mining
Control and Reclamation Act of 1976.
The House Judiciary Com. ordered reported H.R. 15, Public Disclosure of
Lobbying Act.
The House Merchant Marine & Fisheries Com. ordered reported H.R. 9067,
to provide additional funds to States to carry out restoration projects
and programs; H.R. 13374, to establish the Minnesota River Valley National
Wildlife Refuge; and H.R. 14418, to establish a pilot program to compensate
persons who suffer loss or damage from predation by endangered species.
4
Aug 26
The Senate passed S. 3395, authorizing funds for construction of the
Uintah Unit of the Central Utah project.
The Senate passed an amended H.R. 13713, authorizing funds for acquisition
of numerous units and areas for inclusion in the National Parks System.
The Senate considered S. 2657, authorizing funds thru FY 1982 for vocational
and higher education program, and adopted an amendment sponsored by
Sen. Pearson making all BIA postsecondary schools eligible for funding
under the Higher Education Act of 1965,
The Senate Interior Com. filed its report (No. 94-1170) on S. 3651, to
amend the Alaska Native Claims Settlement Act to provide for the withdrawal
of lands for Klukwan village.
The Senate Interior Com.'s Subcom. on Energy Research and Water Resources
held a hearing on H.R. 589, for the relief of the Santa Ynez River Water
Conservation Dist., Cal., as the result of delivering water to Santa Ynez
Indian Reservation lands; and on S. 3263, re consideration of the compara-
tive productive potential of irrigable lands in determining nonexcess
acreages under Federal Reclamation laws.
The House passed S. 3283, after substituting the language of H.R. 14578,
authorizing various Federal reclamation projects and programs.
The House received the Conference Report (No. 94-1439), on S. 217 to
repeal the 1926 Pueblo lands condemnation Act.
The House received the Conference Report (No. 94-1441) on S. 5, to
provide that meetings of certain Government agencies shall be open to
the public.
The House Ways & Means Com. held a hearing on H.R. 8989, to amend the
Internal Revenue Code of 1954 to provide the same tax treatment for
recognized Indian tribes as are applicable to other governmental units
[The Indian Tribal Government Tax Status Act].
Rep. Pressler introduced H.R. 15287, to amend the Johnson-O'Malley Act
(25 U.S.C. 452 et seq.); to Education & Labor Com.
Aug 27
The Senate passed S. 2657, authorizing funds thru FY 1982 for vocational
and higher education programs.
The Senate passed S.J.Res. 206, calling for a 1977 National Leadership
Conference on Energy Policy.
The Senate received the Conference Report (No. 94-1178) on S. 5, to
provide that meetings of multi-headed Federal agencies be open to the
public.
5
Aug 27 (cont'd)
The Senate Government Operations Com. filed its report (No. 94-1180) on
S. 1437, to distinguish Federal grant and cooperative agreement relation-
ships from Federal procurement relationships.
The Senate Finance Com. filed its report (No. 94-1181) on H.R. 6860, to
provide a comprehensive national energy conservation and conversion
program.
The Senate Interior Com. filed its report (No. 94-1184) on S. 2194, to
authorize the Secretary of Interior to construct, operate, and maintain
the McGee Creek project, Oklahoma.
The Senate Appropriations Com. filed its report (No. 94-1185) on H.R. 15194,
FY 1977 public works employment appropriations.
The Senate Interior Com's. Subcom. on Environment and Land Resources
held hearings on S. 3468 and H.R. 9719, to provide for payments in lieu
of taxes to local governments based on the amount of certain public
lands within their boundaries.
The Senate Public Works Com. began markup of proposed water resource
development legislation.
The House Interior Com's. Subcom. on National Parks and Recreation held
hearings on H.R. 10747, to desginate a segment of the Flathead River in
Montana as a component of the Wild and Scenic Rivers System.
The House Interior Com's. Subcom. on Indian Affairs held a hearing on
H.R. 14417, the Indian Land Consolidation and Resources Inventory Act.
Testimony was received from Interior Dept. (BIA) representative and from
the Chairman of the Quinault Tribe representing NTCA.
Sen. Abourezk introduced S. 3777, to establish standards for the place-
ment of Indian children in foster or adoptive homes, to prevent the
breakup of Indan families; to Interior Com.
Sen. Stevens was added as a cosponsor of S. 3737, authorizing appropriations
under the Indian Elementary and Secondary Assistance Act of 1965.
Sen. Muskie inserted in the Cong. Record EDA's regulations and guidelines
for local communities for implementation of the Local Public Works
Capital Development and Investment Program.
6
Aug 27 (contd)
In a floor statement Sen. Kennedy objected to "repeated postponments" of
Interior Com. consideration of S. 3298, the Central Arizona Indian
Tribal Water Rights Settlement Act of 1976. He also inserted in the
Cong. Record an August 5 New York Times article entitled "An Arizona
Indian Asks Congress to Enact a Water Rights Bill".
Aug. 30
The House passed S. 2228 after substituting the language of H.R. 9398,
the Public Works and Economic Development Act Amendment of 1976.
The House passed H.R. 8911, the Supplemental Security Income Amendments
6of 1976, after substituting the text of H.R. 15080.
Sen. Jackson submitted amendment No. 2233 to the amended House version
of S. 522, the Indian Health Care Improvement Act.
The Senate Interior Com. filed its report (No. 94-1190) on S. 3430, to
amend the act approved 8/18/70, providing for improvement in the administra-
tion of the National Park System by the Secretary of Interior and clarifying
authorities applicable to the National Park System.
The Senate received a letter from the Comptroller General transmitting a
report on the rescission and deferral proposals in the President's
July 28 special message; to Appropriations, the Budget, Agriculture &
Forestry, and Labor & Public Welfare Com's.
The Senate received a letter from the Interior Department transmitting a
report entitled "Critical Water Problems Facing the Eleven Western
States"; to Interior Com.
The House received a letter from the Interior Department transmitting
the third volume of the westwide study report entitled "Critical Water
Problems Facing the Eleven Western States", pursuant to P.L. 90-537; to
Interior Com.
Aug. 31
The House and Senate agreed to the Conference Report on S. 5, to provide
that meetings of Government agencies shall be open to the public, clearing
it for Presidential action.
The Senate passed S. 1437, to distinguish Federal grant and cooperative
agreement relationships from Federal procurement relationships.
The House agreed to the Conference Report on S. 217, to repeal an Act
providing for the condemnation of certain Pueblo Indian lands.
7
Aug. 31 (cont'd)
Sen. Gravel submitted amendment No. 2273 to S. 3651, to amend the Alaska
Native Claims Settlement Act to provide for the withdrawal of lands for
Klukwan village.
The Senate disagreed to the House amendment to S. 2981, authorizing
funds for the Indian Claims Commission for FY 1977, requested a conference
with the House, and appointed as conferees: Sen's. JACKSON, METCALF,
JOHNSTON, ABOUREZK, FANNIN, AND BARTLETT.
The House Interior Com. filed its report (No. 94-1445) on H.R. 13950, to
provide for the cooperation between the Secretary of Interior and the
States with respect to the regulation of surface coal mining operations,
and the acquisition and reclamation of abandoned mines.
The Senate Budget Com. filed its report (No. 94-1191) on S. Res. 512,
waiving section 402(a) of the Congressional Budget Act of 1974 with
respect to the consideration of S. 3737 authorizing funding for grants
under the Indian Elementary & Secondary Assistance Act and other Acts.
The Senate Finance Com., announced that on Aug 30 it ordered reported
H.R. 13367, to amend the State and Local Fiscal Assistance Act (General
Revenue Sharing).
The House agreed to H. Res. 1503, electing Rep. Steed as Chairman of the
Committee on Small Business, and H. Res. 1504, electing Rep. Ichord as a
member of the Committee on Small Business.
The House passed S. 2657, to extend the Higher Education Act of 1965,
after substituting the provisions of H.R. 12835, H.R. 13851, and H.R. 14070,
as passed. The House insisted upon its amendments, requested a conference
with the Senate, and appointed as conferees: Rep's. PERKINS, THOMPSON,
BRADEMAS, O'HARA, HAWKINS, FORD of Mich.., MINK, MEEDS, CHISHOLM,
BIAGGI, ANDREWS of NC, LEHMAN, BENITEZ, BLOUIN, CORNELL, SIMON, BEARD of
RI, ZEFERETTI, MILLER of Calif., MOTTL, HALL of Ill., QUIE, ASHBROOK,
BELL ERLENBORN, ESCH, ESHLEMAN, BUCHANAN, JEFFORDS, GOODLING, AND SMITH
of Neb.
The House passed S. 2862, to authorize appropriations for the Federal
Fire Prevention and Control Act of 1974.
The Senate Foreign Relations Com. ordered reported "Agreement on the
Conservation of Polar Bears (Ex. I, 94th Cong., 1st sess.)"; "Protocol
amending the Interim Convention on Conservation of North Pacific Fur
Seals (Ex. M, 94th Cong., 2nd sess.)".
8
Sept. 1
The House agreed to S. Con. Res. 136, providing for recess of the Senate
from Sept. 1-7, 1976, and of the House from Sept. 2-8, 1976.
The Senate amended and passed S. 3651, to amend the Alaska Native Claims
Settlement Act to provide for the withdrawal of certain lands for the
Village of Klukwan.
The Senate agreed to the Conference Report on H.R. 5465, to revise
retirement benefits for certain employees of the BIA and the IHS, who
are not entitled to Indian preference.
The House received the Conference Report (No. 94-1456) on H.R. 5465, to
allow Federal employment preference (or early retirement) to certain BIA
and IHS employees.
Sept. 2
The House passed S. 2212, after substituting the language of an amended
H.R. 13636, to amend Title I (LEAA) and II of the Omnibus Crime Control
and Safe Streets Act of 1968.
Rep. Rhodes inserted in the Cong. Record the platform of the Republican
Party.
Rep. Clausen introduced H.R. 15426, to require the payment of interest
by Federal agencies on overdue contract payments, to amend the Office of
Federal Procurement Policy Act; to Government Operations Com.
The House Merchant Marine & Fisheries Com. filed its report (No. 94-1470)
on H.R. 13374, to establish the Minnesota River Valley National Wildlife
Refuge.
The House Judiciary Com. filed its report (No. 94-1474, Pt. 1) on H.R. 15,
to regulate lobbying and related activities.
The House received the Army's proposed legislation to authorize the
operation of lake regulation control works under the jurisdiction of the
Department of the Army in the St. Marys River at Sault Ste. Marie,
Mich., in the interest of minimizing damages to shore property on the
Great Lakes during periods of high lake levels; to Public Works and
Transportation Com.
The House Agriculture Com. ordered reported H.R. 15059, to amend the
Emergency Livestock Credit Act of 1974.
The House Standards of Official Conduct Com. defeated a motion to waive
it's jurisdiction on lobbying legislation [see H.R. 15 above] and will
meet on Sept. 9 to consider the subject matter.
TO SCHEDULE NON-FEDERAL WITNESSES
Hearings-Senate Indian Affairs Subcommittee:
Communicate with Forrest Gerard, Room 3106, Dirksen
Senate Office Building, United States Senate,
Washington, D. C. 20510
Phone: (FTS 202-224-7143)
Hearings--House Indian Affairs Subcommittee:
Communicate with Franklin Ducheneaux, Room 422 House
Congressional Annex, House of Representatives,
Washington, D. C. 20515
Phone: (FTS 202-225-1684)
TO SCHEDULE NON-FEDERAL TESTIMONY
Hearings before other Committees, communicate with the Committee's
Office.
TENTATIVE CONGRESSIONAL COMMITTEE SCHEDULES
1976
Sept. 8
The House Interior Com. will markup pending legislation. (Rm. 1324LHOB,
9:45a.m.)
The Senate Rules and Administration Com, will hold hearigs on S. 2925,
providing for the elimination of inactive overlapping Federal programs,
requiring authorizations of new budget authority at least every four
years, establishing a procedure for zero-based review and evaluation of
Federal programs and activities every four years.
The Select Education Subcom. of the House Education & Labor Com. and
Children & Youth Subcom. of the Senate Labor & Public Welfare Com., will
conduct joint hearings on institutionalized foster care and alternatives.
(Rm. 2261RHOB, 9:30 a.m.)
Water Resources Subcom., House Public Works Com., to hold hearings on the
Water Resources Development Act of 1976 (to be introduced at end of
hearing).
Sept. 9
The House Education and Labor will markup a substitute bill to H.R. 50,
guaranteeing full employment (Rm. 2175RHOB, 9:30 a.m.).
House Conferees will meet on H.R. 12987, CETA Stopgap Extension. (Rm. &
Time--TBA).
Senate Interior Com. will markup pending business. (Rm. 3110DSOB, 10a.m.).
Sept. 10
The House Interior Com., Subcom. on Indian Affairs will hold hearings on
H.R. 14629 (Amend Indian Claims Commission Act of 1946-Black Hills &
Wichita claims); and on H.R. 4212 (Zuni Salt Lake exchange & Zuni land
claims). (Rm. 1303LHOB, 10 a.m.)
page 2- TENTATIVE COMMITTEE SCHEDULES (cont'd)
Sept. 13&14
The Water & Power Resources Subcom. of the House Interior Com. will hold
oversight hearings on Bureau of Reclamation 160-acre limitation program.
(Rm. 1324LHOB, 9:45 a.m.).
Sept. 15
Senate Conferees will meet on S. 507, BLM Organic Act. (Rm., Time--TBA).
Sept. 22&23
The Conservation & Credit Subcom. of the House Agriculture Com., will
hold hearings followed by markup of sundry watershed programs.
(Rm. 1302LHOB, 2 p.m.).
OTHERS
Sen. Abourezk has scheduled Senate Indian Affairs Subcom. hearings on
BIA & IHS contracting with Indian organizations.
Sept. 2 - Juneau
Sept. 3 - Anchorage
Sept. 4 - Bethel (a.m.)
Sept. 4 - Fairbanks (p.m.)
The Manpower Subcom. of the House Education & Labor Com. will hold the
following exploratory hearings to lay the groundwork for possible revisions
of Comprehensive Employment & Training Act when authorization expires in
1977:
Sept. 16--Wash, DC
Sept. 17&18--LA
Sept. 21,23,29--Wash, DC
Oct 7--Boston
Nov. 8--Chicago
Nov. 9--Minneapolis
Nov. 18&19--Portland
Dec. 2--Denver
Dec. 3&4--Phoenix
HOUSE SCHEDULE FOR REMAINDER OF 1976
Republican Convention (week of
Thurs., August. 12 thru Fri.,
August 16)
Aug. 20
Labor Day (Mon., Sept. 6)
Fri., Sept. 3 thru Tues. Sept. 7
Jewish New Year (Sat., Sept. 25)
Fri., Sept. 24
Adjourn
Sat., Oct. 2
Recess commence at the close of business on the PREVIOUS LEGISLATIVE DAY.
If necessary to continue Session past October 2, a Yom Kippur (October 4)
recess will be necessary. Election Day is TUESDAY, NOVEMBER 2.
SENATE SCHEDULE FOR REMAINDER OF 1976
Republican Convention
Wed., Aug. 10 thru Mon. Aug. 23
Labor Day (Mon., Sept. 6)
Wed., Sept. 1, thru Tues. Sept 7
Expected Adjournment Sine Die
Sat., October 2
CONGRESSIONAL AND LEGISLATIVE AFFAIRS STAFF
Bureau of Indian Affairs
Legislative Report
94th Congress - 2nd Session
Period Ending October 1976
Sept. 7
Bills enacted into law.
H.R. 2943, Private relief of the Estate of James J. Caldwell.
Signed 8/6/76 (P.L. 94-56);
H.R. 3650, requiring Federal agencies reemploying civil service
annuitants to deposit to the credit of the retirement fund the
amounts of annuity deducted from their salaries. Signed 9/3/76
(P.L. 94-397).
On August 23, the House received a letter from the Interior Dept.,
transmitting notice of the cancellation of irrigation operation and
maintenance charges against individuals of the Wind River Indian
Reservation, pursuant to the Act of July 1, 1932 (47 Stat. 564) ; to
Interior Com.
The Senate agreed to the conference report on S. 217, to repeal the 1926
Pueblo lands condemnation act, clearing it for Presidential action.
Sen's. Jackson & Fannin introduced (by request), S. 3792, to authorize
and appropriate funds for the acquisition, improvement, rehabilitation,
and maintenance of the National Park System and the National Wildlife
Refuge System areas and to increase grants to communities to improve
park and recreation facilities; jointly to Appropriations, Banking,
Housing & Urban Affairs, Commerce and Interior Com's.
The Senate Finance Com. filed its report (No. 94-1207) on H.R. 13367, to
extend and amend the State and Local Fiscal Assistance Act of 1972
[General Revenue Sharing].
Sept 8
The House received a GAO report on Federal agencies recruitment and
retention of physicians and dentists, jointly to Government Operations,
Veterans' Affairs, Armed Services, Interstate & Foreign Commerce, and
Post Office & Civil Service Com's.
CORD
GERALD
2
Sept 8 contd
Sen. Mathias introduced S. 3798, to amend title 5, United States Code,
to provide special allowances to certain physicians employed by the
United States in order to enhance the recruitment and retention of such
physicians; to Post Office & Civil Service Com.
The House received the President's proposed FY 1977 supplemental
appropriations to pay claims and judgments against the United States
(H.Doc. No. 94-603); to Appropriations Com.
The House received a GAO report on progress and problems in giving rural
areas first priority when locating Federal facilities; jointly to
Government Operations and Agriculture Com's.
Rep. Jacobs, and others introduced H.R. 15467, to establish the Federal
right of every unemancipated child to be supported by such child's
parent or parents and, therefore, to confer upon certain local courts of
the District of Columbia and every State and territory of the United
States jurisdiction to enforce such right regardless of such child's
residence; to Judiciary Com.
The Senate Interior Committee ordered reported H.R. 589, to provide to
the Santa Ynez River Water Conservation District, California, as a
result of delivery of water to Santa Ynez Indian Reservation lands (to
enter into an amended repayment contract to reduce by $1,120 annually
the amount due the United States to repay a Small Reclamation Projects
loan of $3,800,000); and
H.R. 9719, to require the Secretary of the Interior to make payments to
local governments based on the amount of certain public lands within
their boundaries, amended, to include certain federally owned land
administered by the BIA.
The House Interior Committee ordered reported H.R. 13101, amended, to
provide potential of irrigable lands in determining nonexcess acreage
under Federal reclamation laws; and
H.R. 14934, amended, to adjust the boundaries of certain units of the
National Park System; and
H.R. 4345, amended, to amend the Act entitled "An Act to authorize the
sale of certain public lands in Alaska to the Catholic Bishop of Northern
Alaska for use as a mission school".
The Senate passed H.R. 14238, making FY 1977 appropriations for the
Legislative Branch after adopting an amendment to eliminate the so-
called one percent kicker given to Federal civilian and military retirees.
The Senate Public Works Subcom. on Water Resources approved for full
committee consideration an original bill authorizing funds for river and
harbor projects to the Army Corps of Engineers for FY's. 1977 and 1978.
3
Sept 8 contd
The Senate Agriculture Com. filed its report (No. 94-1478) on
H.R. 15069, to amend the Forest and Rangeland Renewable Resources
Planning Act of 1974.
New Public Law--H.R. 12455, authorizing funds to extend child care and
social services programs. (Signed 9/7/76 (P.L. 94-401)
Sept. 9
By a vote of 78 to 0, the Senate concurred in the House amendment with a
printed amendment (No. 2233) in the nature of a substitute, to the bill
S. 522, to implement the the Federal responsibility for the care and
education of the Indian people by improving the services and facilities
of Federal Indian health programs and encouraging maximum participation
of Indians in such programs [Indian Health Care Improvement Act].
On Sept. 2, Rep. Stokes, et al, introduced H.R. 15452, to require that
any person holding a federally related home mortgage shall provide
certain services and follow certain procedures before instituting
foreclosure proceedings with respect to such mortgage (Foreclosure
Forebearance Standards Act).
Rep's. Brooks & Horton introduced H.R. 15499, to distinguish Federal
grant and cooperative agreement relationships from Federal procurement
relationships; to Government Operations Com.
The Senate received a letter from the Chairman, Consumer Product Safety
Commission transmitting a copy of a letter to the Office of Management
and Budget commenting on S. 5, ("Sunshine Act" and Freedom of Information
Act Amendment) an enrolled bill; to Government Operations Com.
The Senate received a number of 1975 annual reports from education
advisory committee, including a communication from the Chairman of the
National Advisory Council on Indian Education, transmitting the annual
report of the Council for calendar year 1975; to Labor and Public
Welfare Com.
Sept. 10
The House Interior Com's. Subcom. on Indian Affairs held hearings on
H.R. 4212 (S.877), to direct the Secretary of the Interior to purchase
and hold certain lands in trust for the Zuni Indian Tribe of New Mexico;
and H.R. 14629 (S. 2780), to amend the Indian Claims Commission Act of
August 13, 1946, (re the Sioux Black Hills and Wichita claims).
4
Sept 10 contd
The House agreed to the conference report on H.R. 5465, to allow Federal
employment preference (preferential retirement) to certain BIA and IHS
employees; clearing it for Presidential action.
The Senate passed H.R. 15194, making FY 1977 appropriations for public
works employment programs, and appointed as conferees: Sen's. PASTORE,
McCLELLAN, PROXMIRE, JOHNSTON, HUDDLESTON, YOUNG, HURSKA, MATHIAS, and
BELLMON.
The House agreed to the conference report on S. 327, to amend the Land
and Water Conservation Fund Act of 1965, as amended, to establish the
National Historic Preservation Fund; clearing it for Senate action. The
House agreed to H.Con.Res. 745, correcting the enrollment of S. 327.
Sen. Mansfield introduced S. 3800, to provide for the reimbursement for
losses sustained by persons injured by certain criminal acts, to make
grants to States for the payment of such reimbursement; ordered placed
on the Calendar.
The House received the conference report (No. 94-1501) on H.R. 366, to
amend the Omnibus Crime Control and Safe Streets Act of 1968, as amended,
to provide benefits to certain public safety officers who die in the
performance of duty.
Sept. 13
New Public Law--S. 5, to provide that meetings of Government agencies be
open to the public. Signed 9/13/76 (P.L. 94-409)
The Senate Agriculture & Forestry Com. filed its report (No. 94-1234) on
H.R. S. 2823, authorizing a Cooperative Extension Service study with a
view to establishing a program for small farmers to improve their farm
operations.
The Senate agreed to the conference report on S. 327, increasing annual
authorizations for the Land and Water Conservation fund, and establishing
a National Historic Preservation fund, clearing it for Presidential
action.
The Senate Government Operations Com. concluded hearings on H.R. 14451,
to permit the donation of Federal surplus personal property to the
States and local organizations for public purposes.
The House received the conference report (No. 94-1514) on H.R. 12987, to
authorize appropriations for the Comprehensive Employment and Training
Act of 1973 for FY 1976 and the transition period; and
5
Sept 13 contd
Conference report (No. 94-1516) on H.R. 10339, to encourage the direct
marketing of agricultural commodities from farmers to consumers.
The House disagreed to the Senate amendments to H.R. 15194, making
FY 1977 appropriations for public works employment and appointed as
conferees: Rep's. MAHON, EVINS (Tenn), SHIPLEY, ROUSH, TAXLER, BAUCUS,
STOKES, BURKE (Cal.), CEDERBERG, TALCOTT, McDADE, & YOUNG (Fla.).
The House Education & Labor Com's. Subcom. on Elementary, Secondary, and
Vocational Education held a hearing on H.R. 11023, Elementary and
Secondary Career Education Act.
The House Government Operations Com's. Subcom. on Legislation and
National Security approved for full committee action S. 1437, Federal
Grant and Cooperative Agreement Act of 1976.
Sen. Domenici urged support of S. 522, the Indian Health Care Improvement
Act of 1976, but noted that his amendment to provide first aid health
care in BIA schools has been eliminated.
The Senate concurred in the House amendments to S. 3283, authorizing the
Secretary of Interior to construct, operate, and maintain the Oroville-
Tonasket unit extension, Okanogan-Similkameen division, Chief Joseph Dam
project, Washington, clearing it for Presidential action.
The House Merchant Marine & Fisheries Com. filed its report (No. 94-1511)
on H.R. 14418, to establish a pilot program to compensate persons who
suffer loss or damage from predation by endangered species.
Sept. 14
The Senate passed H.R. 13367, to extend through FY 1982 the State and
Fiscal Assistance Act (General Revenue Sharing); appointed as conferees
Sen's. LONG, TALMADGE, NELSON, GRAVEL, HATHAWAY, FANNIN, HANSEN & PACKWOOD.
The Senate Armed Services Com. ordered reported H.R. 3954, to provide
protection from malpractice liability for Defense Dept. medical personnel.
New Public Law--S. 2862, authorizing funds for FY's. 1977-1978 for
Federal Fire prevention and control research programs. Signed 9/13/76
(P.L. 94-411)
Sept. 15
By a 324 to 272 vote the House passed H.R. 10498, Clean Air Act Amend-
ments of 1976.
6
Sept 15 contd
Rep. Mink introduced H.J. Res. 1098, to establish the Hawaiian Native
Claims Settlement Study Commission; to Interior Com.
The House Interior Com. filed its report (No. 94-1560) on H.R. 4345, to
amend the Act entitled "An Act to authorize the sale of certain public
lands in Alaska to the Catholic Bishop of Northern Alaska for use as a
mission school" approved 8/8/1953; and
H.R. 13101 (No. 94-1561), to provide for consideration of the compara-
tive productive potential of irrigable lands in determining nonexcess
acreage under Federal reclamation laws; and
H.R. 15446 (No. 94-1562), to designate certain lands as wilderness
The Senate disagreed to the House amendment to S. 2657, to extend and
revise the Vocational Education Act of 1963, and to extend the Higher
Education Act of 1965, and appointed as conferees Sen's. PELL, RANDOLPH,
WILLIAMS, KENNEDY, MONDALE, EAGLETON, CRANSTON, HATHAWAY, BEALL, JAVITS,
SCHWEIKER, STAFFORD AND TAFT.
The House received the Conference Report (No. 94-1555) on H.R. 14232,
FY 1977 appropriations for Labor & HEW.
Sen. Cranston delivered a statement to the Senate on housing, and included
a statement regarding HUD's Indian housing program and that "Congress
has demanded that HUD implement section 5(c) of the 1974 Housing Act as
Congress intended." That provision "excluded Indian public housing from
the regular payment of operating subsidies * * *".
The House Rules Com. voted to table H.R. 13950, Surface Mining & Reclamation
Act.
The House Judiciary Com. filed its report (No. 94-1558) on H.R. 15460,
to allow the awarding of attorney's fees in certain civil rights cases.
The House received the Conference Report (No. 94-1559) on H.R. 14238,
FY 1977 appropriations for the Legislative Branch (includes repeal of 1%
cost-of-living bonus increase for Federal retirees and continue the
current ceilings on Executive level salaries for purpose of the October
1976 Federal employee comparability pay raise.
Sept 16
The House agreed to the Senate version of H.R. 8532, Antitrust Parens
Patraie Act which includes authority for State Attorney Generals to file
class-action suits on behalf of State citizens for damages resulting
from violations of antitrust laws.
7
Sept 16 contd
The Senate agreed to the Conference Report on H.R. 366, Public Safety
Officers' Benefits Act of 1976, clearing it for presidential action. The
bill provides for LEAA to pay a $50,000 benefit to the survivors of law
enforcement officers and firemen killed in the line of duty while serving
a "public agency" in an official capacity, with or without compensation.
"Public agency" is defined to include "any unit of local government" but
does not include Federal employees.
The House Rules Com. filed its report clearing it for floor action
H.R. 15, to amend the Lobbyist Registration Act. The bill would define
as a lobbyist required to register and report quarterly any organization
that spends over $1,250 every 3 months on lobbying or employs a person
to be identified in quarterly reports who devotes at least 20 percent of
his or her time to lobbying.
The Senate Judiciary Com. filed its report (No. 94-1245) on H.R. 11722,
to prohibit the practice of requiring political contributions in order
to hold or obtain a job in programs where Federal funds are involved.
The Senate Public Works Com. filed its report (No. 94-1255) on S. 3823,
authorizing construction, repair, and preservation of certain public
works on rivers and harbors.
The House Education & Labor Com. agreed to a revised H.R. 50, Equal
Employment Opportunity Act.
The Senate passed H.R. 1386 (for the relief of Smith College) after
adding an amendment to the Internal Revenue Code, to provide for tax
credits for certain expenses in attending an institution of higher
education or a vocational school, limited as follows: 1977-$100;
1978-$150; 1979-$200; 1980-$250.
The House passed S. 3219, Clean Air Act Amendments, after amending it to
substitute the language of H.R. 10498 as passed by the House on 9/15;
and appointed as conferees: Rep's. STAGGERS, ROGERS, SATTERFIELD, PREYER,
SYMINGTON, SCHEUER, WAXMAN, FLORIO, CARNEY, MAGUIRE, DEVINE, CARTER,
BROYHILL, HEINZ, and MADIGAN.
Sen. Abourezk noted that on 8/27 he introduced S. 3777, the Indian Child
Welfare Act of 1976, and inserted in the Cong. Record it's text and a
section-by-section analysis.
The House insisted on its amendments to S. 2981, to authorize FY 1977
appropriations for the Indian Claims Commission, and appointed as conferees:
Rep's. HALEY, TAYLOR (NC) MEEDS, STEPHENS, RISENHOOVER, YOUNG (Alaska)
and JOHNSON (Colo.).
8
Sept 16 contd
The Senate Interior Com. filed its report (No. 94-1244) on H.R. 589, to
authorize the Secretary of Interior to provide relief to the Santa Ynez
River Water Conservation District due to delivery of water to the Santa
Ynez Indian Reservation lands.
The House Interior Com. filed its report (No. 94-1569) on H.R. 11887, to
amend the Act of 8/18/70, providing for improvement in the administration
of the National Park System by the Secretary of Interior and clarifying
authorities applicable to the National Park System, with amendment.
The Senate Government Operations Com. filed its report (No. 94-1572) on
H.R. 15499, to distinguish Federal grant and cooperative agreement
relationships from Federal procurement relationships.
Rep. Perkins introduced H.R. 15591, to extend and revise the commodity
supplemental food program; jointly to Education & Labor and Agriculture
Com's.
Rep's. Charles Wilson (Tex.) & Breaux introduced H.R. 15600, for the
relief of the Alabama-Coushatta Tribes of Texas and the Coushatta Tribe
of Louisiana; to Interior Com.
Rep. Mink introduced H.J.Res. 1099, authorizing the President to proclaim
the week of October 10 thru 16, 1976, as "Native American Awareness
Week"; to Post Office & Civil Service Com.
Sept. 17
New Public Law--S. 217, to repeal the law allowing condemnation of
Pueblo lands under State law. Signed 9/17/76 (P.L. 94-416)
The Senate Judiciary Com. filed its report (No. 94-1258) on S. 796, to
improve administrative procedures of Federal departments and agencies on
a Government-wide basis, with amendments; and
S. 798 (No. 94-1259), to provide that the "separation-of-functions"
require in the Administrative Procedures Act apply to all employees of
an agency engaged in investigation functions, except the general counsel,
with amendments.
The Senate passed S. 2823, authorizing a Cooperative Extension Service
study with a view to establishing a program for small farmers to improve
their operations.
The Senate agreed to the House amendments to S. 2371, to regulate mining
activities within areas of the National Park System, clearing it for
Presidential action.
9
Sept 17 contd
The Senate passed S. 3430, to improve the administration of, and to
clarify the law enforcement and other authorities applicable to the
National Park System.
The House passed H.R. 15069, National Forest Management Act of 1976.
Rep. Rhodes' statement in support df House acceptance of Senate amend-
ments to S. 522 [Indian Health Care Improvement Act], was placed in the
Cong. Record. He explained 3 major amendments: (1) a reduction of
$1,134,987 from the Senate bill; (2) the funds allocated in the bill for
construction of Indian health service hospitals were redistributed to
permit a more realistic implementation of that activity; and (3) the
implementation date for the programs in the bill was changed from FY
1977 to FY 1978.
The House agreed to the Conference Report on H.R. 15194, FY 1977 approp-
riations for Public Works Employment.
The House agreed to the Conference Report on H.R. 12987, Emergency Jobs
Programs Extension Act of 1976.
The House passed S. 3091 after substituting the language of H.R. 15069,
National Forest Management Act of 1976.
The Senate agreed to the second conference report on H.R. 14232, FY 1977
appropriations for Labor & HEW, clearing it for Presidential action.
Rep's. Pepper & Diggs introduced H.R. 15620, to amend the Elementary and
Secondary Education Act of 1965 to provide grants to establish regional
demonstration programs to encourage secondary school students from a
disadvantaged background to pursue careers in the health professions; and
H.R. 15621, to amend the Higher Education Act of 1965 to provide grants
to certain eligible institutions of higher education for regional medical
academic summer enrichment programs to prepare undergraduate students
from disadvantaged backgrounds for careers in the several medical professions;
and
H.R. 15622, to provide capitation grants to medical, osteopathic, and
dental schools for increasing the enrollment of students from dis-
advantaged backgrounds; all to Education & Labor Com.
Rep's. Yates, Santini, Runnels, Young (Alaska) and 20 others introduced
H.J.Res. 1102, authorizing the President to proclaim the week of October
10 thru 16, 1976, as "Native American Awareness Week"; and
Rep's. Risenhoover, Abdnor, English, Howe, and 9 others introduced
H.J.Res. 1103, an identical bill; both to Post Office & Civil Service
Com.
10
Sept 17 contd
The House Agriculture Com. filed its report (No. 94-1598) on H.R. 15059,
to amend the Emergency Livestock Credit Act of 1974.
The House received the Conference Report (No. 94-1612) on H.R. 5546,
Health Manpower Act of 1975.
Sept. 20
The Senate received the Conference Report (No. 94-1260) on H.R. 12838,
authorizing funds through FY 1980 for programs of the National Founda-
tion on the Arts and Humanities.
The Senate disagreed to the House amendment to S. 3219, Clean Air Act
Amendments of 1976, and appointed as conferees: Sen's. MUSKIE, RANDOLPH,
GRAVEL, MORGAN, CULVER, HART (Colo.), BAKER, BUCKLEY, STAFFORD, McCLURE,
& DOMENICI.
The Senate Small Business Com. scheduled hearings on women and minor-
ities and the Small Business Administration on October 8 at the Liberty
National Bank in Oklahoma City, Okla.
By a 152 to 228 vote the House did not agree to suspend the rules and
pass H.R. 14418, to establish a pilot program in Minnesota to compensate
persons who suffer loss or damage from predation by endangered species.
By a 192 to 192 vote, the House did not agree to suspend the rules and
pass S. 1174, to reduce the hazards of earthquakes.
The House received the Conference Report (No. 94-1613) on H.R. 12838, to
amend the National Foundation on the Arts and Humanities to provide for
the improvement of museum services and to establish a challenge grant
program.
The Senate agreed to the Conference Report on H.R. 5546, to amend the
Public Health Service Act to revise and extend the programs of assist-
ance under title VII for training in the health and allied health
professions and to revise the National Health Service Corps and National
Health Service Corps scholarship training program.
11
Sept 20 contd
By a vote of 118 to 268 vote, the House did not agree to suspend the
rules and pass H.R. 11570, to authorize appropriations for the Commerce
Dept. to be available until expended or for periods in excess of one
year.
Sen's Muskie, Tunney & others introduced S. 3834, to provide for the
elimination of inactive and overlapping Federal programs, to require
authorizations of new budget authority for Government programs and
activities at least every 4 years, to establish a procedure for zero-
base review and evaluation of Government programs and activities every 4
years.
The Senate Interior Com. filed its report (No. 94-1262) on H.R. 9719, to
provide for payments to local governments by the Secretary of Interior
based upon the amount of certain public lands within their boundaries.
The Senate Rules & Administration Com. filed its report (No. 94-1263) on
S. 2925, to provide for the elimination of inactive and overlapping
Federal programs, etc.
The Senate Armed Services Com. filed its report (No. 94-1264) on H.R.
3954, to amend title 10 of the U.S.C., to provide for an exclusive
remedy against the United States in suits based upon medical malpractice
on the part of military or civilian medical personnel of the armed
forces.
The Senate Agriculture & Forestry Com. filed its report (No. 94-1267) on
S. 3713, to extend the Emergency Livestock Credit Act of 1974 to
September 30, 1978.
Sept. 21
The House Ways & Means Com. ordered reported H.R. 8989, Indian Tribal
Governmental Tax Status Act.
The Senate passed H.R. 11722, to amend title 18 of the U.S. Code to pro-
hibit deprivation of employment or other benefit for political contribution.
The House passed H.R. 15246, to provide that all employees, other than
bona fide executive, administrative, or professional employees shall be
considered to be service employees for purposes of such act.
The House failed to pass H.R. 12048, Administrative Rulemaking Reform
Act of 1976 by a vote of 265 to 135.
By a vote of 117 to 279, the House did not agree to suspend the rules
and pass H.R. 13101, to provide for consideration of the comparative
productive potential of irrigable lands in determining nonexcess acreage
under Federal reclamation laws.
12
Sept 21 contd
The House passed S. 3430 after substituting the language of H.R. 11887,
providing for the improvement in the administration of the National Park
System and clarifying authorities applicable to the National Park System,
in lieu after being amended to contain the language of the House bill as
passed.
The Senate passed H.R. 11722, to prohibit deprivation of employment or
other benefit for political contribution.
Sept 22
The Senate Government Operations Com. ordered reported H.R. 14451, to
permit the donation of Federal surplus personal property to the States
and local governments for public purposes; and
H.R. 13828, to strengthen the authority of the Administrator of General
Services with respect to records management by Federal agencies.
The House Public Works & Transportation Subcom's. on Water Resources
approved for full committee action H.R. 15636 amended, Water Resources
and Development Act of 1976.
The Senate agreed to the conference report on H.R. 12987, authorizing FY
1977 funds for public service jobs program under the Comprehensive
Employment and Training Act, clearing it for Presidential action.
The House agreed to the amendments of the Senate on H.R. 11722, to
prohibit deprivation of employment or other benefit for political
contribution; clearing it for Presidential action.
The House Interior Com. filed its report (No. 94-1644) on subdivision of
FY 1977 Budget Allocation.
The House passed H.R. 15563, to amend the provisions in 16 USC 4601-17(c),
to provide for recreational and other public uses at any dams and
reservoirs constructed in a manner consistent with the promotion of
navigation flood control, and generation of electric energy, as otherwise
required by law.
The Senate passed H.R. 589, to provide relief to the Santa Ynez River
Water Conservation District, Calif., as a result of delivery of water to
Santa Ynez Indian Reservation lands, clearing it for Presidential
action.
The Senate agreed to the conference report on H.R. 15194, FY 1977
appropriations for public works employment.
The Senate agreed to the conference report on H.R. 12838, to amend and
extend the National Foundation on the Arts and Humanities Act to provide
for improvement of museum services, and to establsih a challenge grant
program.
13
Sept 22 contd
The Senate concurred in the House amendment to S. 3430, to improve the
administration of, and clarify authorities applicable to, the
National Park System, clearing it for Presidential action.
Sept 23
The House & Senate filed its conference report (HRpt. 94-1671 & SRpt. 94-1299)
on S. 2228, to amend the Public Works and Economic Development Act of
1965 and extend the authorizations for three years. The bill authorizes
$25 million for each of FY's 1977, 1978, & 1979 for the purpose of
providing economic development assistance to Indian tribes.
The House passed H.R. 4345, to authorized the sale of certain public
lands in Alaska to the Catholic Bishop of Northern Alaska; and
S. 3651, to amend the ANCSA to provide for the withdrawal of lands for
the village of Klukwan, Alaska, clearing it for Presidential action.
Rep. Meeds introduced H.J. Res. 1109, to establish a Commission to
examine the effect of Northwest Indian Off-Reservation Treaty Fishing
Rights; jointly to Interior & Merchant Marine and Fisheries Com's.
The House received the Interior Department's proposed plan for the use
and distribution of the Six Nation award granted by the Indian Claims
Commission in dockets 84 and 300-B, and the Stockbridge-Munsee award
granted by the Commission in docket 300; to Interior Com.
The Senate Interior Com. ordered reported S. 2144, to establish within
the Department of the Interior the position of Assistant Secretary for
Indian Affairs; and S.J. Res. 155, to establish the Hawaiian Aboriginal
Claims Settlement Study Commission to determine the manner in which such
claims might be settled.
The House Interior Com's. Subcom. on National Parks and Recreation
approved for full committee action H.R. 10307, to establish the Nantucket
Sound Islands Trust in the Commonwealth of Massachusetts and extend
Federal recognition to the Wampanoag Tribe.
The Conferees met to resolve the differences between the Senate- and
House-passed versions of S. 2981, authorizing funds for the Indian
Claims Commission for FY 1977, but did not reach final agreement.
The Senate agreed to the conference report on S. 2228, authorizing funds
through FY 1979 under the Public Works and Economic Development Act.
FURD
14
Sept 24
The Senate agreed to the conference report (No. 94-1299) on S. 2228, to
extend through FY 1979 the Public Works and Economic Development Act.
Sept 27
The House received the Conference Report (No. 94-1695) on S. 2981, to
authorize FY 1977 appropriations for the Indian Claims Commission,
extend its life to 9/30/78, and transfer accounting and certain other
dockets to the Court of Claims.
The House received the President's veto message (H.Doc. 94-624) on
H.R. 5465, which would have provided special retirement benefits to
certain non-Indians preference BIA and IHS employees. Ford's message
concludes,
"
H.R. 5465 represents an excessive, although well-
motivated, reaction to the situation. Indian preference does pose a
problem in these agencies, but it can and should be redressed without
resort to costly retirement benefits."
Rep's. Meeds, Adams, Bonker, Foley, Hicks, McCormack & Pritchard introduced
H.J.Res. 1111, to provide for the establishment of a Commission to
examine the effect of Northwest Indian Off-Reservation Treaty Fishing
Rights; jointly to Interior & Merchant Marine & Fisheries Com's.
The House Ways & Means Com. filed its report (No. 94-1693) on H.R. 8989,
to amend the Internal Revenue Code to provide recognized Indian tribes
them with tax exemptions and general tax treatment applicable to other
governmental units (Indian Tribal Government Tax Status Act).
The House received the Conference Report (No. 94-1701) on S. 2657, to
amend and extend the Higher Education Act and Vocational Education Act.
Section 410 amends the "Snyder Act" (25 U.S.C. 13) to provide that BIA
postsecondary schools may receive funds under the Higher Education Act
"or any other applicable programs".
Sept 28
The Senate agreed to the conference report on S. 2657, to amend and
extend the Higher Education Act and the Vocational Education Act.
Rep. Clausen introduced H.R. 15718, to authorize the Secretary of the
Army, acting through the Chief of Engineers, to plan and establish
wetland areas in association with water resources development projects;
to Public Works & Transportation Com.
15
Sept 28 contd
The Senate received and agreed to the conference report (No. 94-1313) on
on S. 2981, authorizing FY 1977 appropriations for the Indian Claims
Commission and extending its life to 9/30/78.
The Senate agreed to a motion to concur in the House amendments to
S. 1506, to designate a segment of the Missouri River, Mont., as a
component of the National Wild and Scenic Rivers System.
The House agreed to the Conference Report on H.R. 12838, Arts, Humanities,
and Cultural Affairs Act of 1976, clearing it for Presidential action.
Rep. McDonald inserted in the Cong. Record a summary of the findings of
the Senate Internal Subcom's. findings concerning the American Indian
Movement. (copy attached)
Rep. Quie introduced H.R. 15728, to reorganize, simplify, deregulate and
consolidate certain elementary and secondary education programs in order
to provide improved State administration of the programs; to Education &
Labor Com.
The House Interior Com. filed its report (No. 94-1704) on S. 2798, to
eliminate a restriction on use of certain lands conveyed to the city of
Yakutat, Alaska.
The Senate received the Conference Report. (No. 94-1327) on H.R. 13350,
to authorize appropriations for the Energy Research and Development
Administration.
Sen. Packwood inserted in the Cong. Record the text and House Report on
H.R. 8989, the Indian Tribal Government Tax Status Act, and stated that
he expected the House to pass it this week.
The House received the Conference Report (No. 94-1720) on H.R. 13367, to
extend and amend the State and Local Fiscal Assistance Act of 1972.
Sen. Metcalf inserted in the Cong. Record a Montana newspaper report on
the success of the Blackfeet Indian Writing Co., an 80% tribally owned
pencil manufacturing enterprise which was founded in 1971 and has annual
sales of $3.1 million.
Sen. Bayh inserted in the Cong. Record the four chapters from the Inter-
national Women's Year Commission Report and his introductory statement
included "The trials of women with special problems are exemplified by
the daughter of the last chief of the Navajo Nation, Annie Wauneka, a
member of the Navajo Tribal Council".
16
Sept. 28 contd.
The Senate Government Operations Com. filed its report (No. 94-1323) and
the Senate passed with amendments and returned to House on H.R. 14451,
to permit the donation of Federal surplus personal property to the
States and local governments for public purposes.
The Senate Government Operations Com. filed its report (No. 94-1326) on,
and the Senate passed an amended H.R. 13828, to strengthen the authority
of the Administrator of General Services with respect to records management
by Federal agencies.
Bills enacted into law:
S. 327, increasing annual authorizations for the Land and Water
Conservation fund, and establishing a National Historic Preserva-
tion fund. Signed 9/28/76 (P.L. 94-422)
S. 3283, authorizing the Secretary of the Interior to construct
and maintain the Oroville-Tonasket unit extension, Chief Joseph
Dam project, Washington. Signed 9/28/76 (P.L. 94-423)
H.R. 366, to provide benefits to survivors of certain public
safety officers who die in the performance of duty.
Signed 9/29/76 (P.L. 94-430)
Sept 29
By a 307 to 34 vote, the House passed H.R. 15, Public Disclosure of
Lobbying Act of 1976 with a floor amendment excluding from the definition
of a lobby organization "any Federal, State or local unit of government
or Indian Tribe". However, the House failed to pass a similar Senate
bill (S. 2477) which would have been amended to substitute the language
of H.R. 15.
The House passed H.R. 15059, to amend the Emergency Livestock Credit Act
of 1974.
The House agreed to the Conference Report on S. 2228, Public Works and
Economic Development Act Amendments of 1976, clearing it for Presidential
action.
Sen. Abourezk introduced S. 3850, to provide grants to certain Indian
controlled postsecondary educational institutions and for other purpoeses.
The House received the Conference Report (No. 94-1724) on S. 507, to
provide for the management, protection, and development of the natural
resources lands (BLM Organic Act).
17
Sept 29 contd
The House passed S. 1437, after substituting the language of H.R. 15499,
to distinguish Federal grant and cooperative relationships from Federal
procurement relationships.
The House concurred in the Senate amendments to H.R. 14451, to amend the
Federal Property and Administrative Services Act of 1949, to permit the
donation of Federal surplus property to the States and local organizations
for public purposes, clearing it for Presidential action.
The House agreed to the Conference Report on S. 2981, to authorize
appropriations for the Indian Claims Commission for FY 1977, clearing it
for Presidential action.
House consideration of H.R. 8989, to provide the same tax exemptions and
general tax treatment to recognized Indian tribes as are applicable to
other governmental units, was blocked by an objection to Rep. Ullman's
unanimous consent request for its consideration.
The Senate Agriculture & Forestry Com. filed its report (No. 94-1337) on
S. 3520, to extend the community fire protection program.
The Senate Interior Com. filed its report (No. 94-1356) on S.J.Res 155,
establishing the Hawaiian Aboriginal Claims Settlement Study Commission.
The Senate Judiciary Com. filed its report (No. 94-1362) on S.J.Res. 209,
authorizing the President to proclaim the week of October 10
through 16, 1976, as "Native American Awareness Week.
The Senate Interior Com. filed its report (No. 94-1375) on S. 2144, to
establish within the Department of the Interior the position of an
additional Assistant Secretary of the Interior.
Rep. Dingell (by request) introduced H.R. Res. 1116, relating to the
regulation by the States of certain Indian hunting and fishing rights;
to Interior Com.
The Senate Finance Com. filed its report (No. 94-1345) on H.R. 13500,
establishing standards, based on lobbying expenditures, to determine
withdrawal of tax exempt status of charitable organizations.
The Senate Interior Com. filed its report (No. 94-1353) on H.R. 15563,
authorizing Federal agencies operating certain water projects to consider,
recognize, and provide recreation uses, with an amendment.
18
Sept 29 contd
The House received the President's veto message on H.R. 14232, Labor &
HEW FY 1977 Appropriations (H. Doc. No. 94-636).
The House agreed to the Conference Report on S. 2657, to amend and
extend the Higher Education and Vocational Education Acts, clearing it
for Presidential action.
Sept 30
The Senate passed S.J. Res. 209, authorizing the President to proclaim
the week of October 10 through 16, 1976, as "Native American Awareness
Week".
By a 312 to 93 vote, the House overrode the President's veto of
H.R. 14232, FY 1977 Labor & HEW Appropriations.
The Senate agreed to the Conference Report on H.R. 11337, to provide for
the taking of a mid-decade population census, clearing it for House
action.
By a 67 to 15 vote, the Senate overrode the President's veto of
H.R. 14232, FY 1977 Labor & HEW Appropriations.
The House passed an amended S. 3521, to expedite a decision on the
delivery of Alaska natural gas to the US markets.
The House agreed to the Conference Report on H.R. 13350, authorizing
appropriations for the Energy Research and Development Administration.
The House received the Conference Report (No. 94-1742) on S. 3219, to
amend the Clean Air Act.
The House agreed to the Conference Report on H.R. 7108, to authorize
appropriations for environmental research, development, and demonstra-
tion, clearing it for Presidential action.
Sen. Stevenson inserted the Committee on Committees recommendations for
changes in the committee system.
The House agreed to the Conference Report on S. 507 (BLM Organic Act),
to provide for the management, protection and development of the national
resource lands, clearing it for Senate action.
The House agreed to the Conference Report on S. 3091, National Forest
Management Act of 1976, clearing it for Presidential action.
19
Sept 30 contd
New Public Laws--
H.R. 8532, to improve and facilitate the expeditious and effective
enforcement of the antitrust laws. Signed 9/30/76 (P.L. 94-436)
S. 522, authorizing funds to improve services and facilities for
Federal Indian Health Programs. Signed 9/30/76 (P.L. 94-437)
H.J. Res. 1096, making appropriations for repair and replace-
ment of Typhoon-damaged facilities on Guam, and for certain
Indian judgments. Signed 9/30/76 (P.L. 94-438)
H.R. 14232, making appropriations for Departments of Labor
and HEW for FY 1977. Signed 9/30/76 (P.L. 94-439)
The Senate agreed to the House amendment to Senate amendment to
H.R. 13367, to extend and amend the State and Local Fiscal Assistance
Act of 1972, clearing it for Presidential action.
Objection was heard to a unanimous consent request that the Senate
consider H.R. 9719, to provide for payments in lieu of taxes for certain
Federal lands.
The Senate by a 67 to 15 vote completed the congressional override and
the President's veto of H.R. 14232, FY 1977 Appropriations for Labor and
HEW thereby enacting the bill into law.
Oct 1
New Public Laws--
H.R. 14238, making appropriations for the Legislative Branch
for FY 1977. Signed 10/1/76 (P.L. 94-440)
H.R. 589, to provide relief to the Santa Ynez River Water
Conservation District, California, as a result of delivery of
water to Santa Ynez Indian Reservation Lands. Signed 10/1/76
(P.L. 94-442)
H.R. 12987, authorizing funds through FY 1977 for public service
jobs program under the CETA. Signed 10/1/76 (P.L. 94-444)
H.R. 15194, making appropriations through FY 1977 for public
works employment programs. Signed 10/1/76 (P.L. 94-447)
H.R. 11722, to prohibit the practice of requiring political
contribution in order to obtain or hold a job in programs
where any Federal moneys are involved. Signed 10/2/76
(P.L. 94-453)
20
Oct 1 contd
The House agreed to S.J. Res. 209, authorizing the President to proclaim
the week of October 10 - 16, 1976, as "Native American Awareness Week,
clearing it for Presidential action.
The House passed S. 1659, to provide for the disposition of funds
appropriated to pay a judgment in favor of the Grand River Band of
Ottawa Indians in ICC docket No. 40-K, clearing it for Presidential
action.
Rep. AuCoin inserted in the Cong. Record a Washington Post article
dealing with Indian treaty rights and issues associated with those
rights.
The Senate passed an amended S. 2144, to establish within the Department
of the Interior an additional position of Assistant Secretary of the
Interior for Indian Affairs. (Bill died due to lack of House action.)
The House passed S. 800, to provide for judicial review of certain
administrative agency action, clearing it for Presidential action.
The Senate amended and passed H.R. 13500, to establish standards, based
on lobbying expenditures, to determine point of withdrawal of tax exempt
status of charitable organizations; the House agreed to the amendments,
clearing H.R. 13500 for Presidential action.
The Senate passed H.R. 9719, to require the Secretary of the Interior to
make payments to local governments based on the amount of certain public
lands within their boundaries (Committee amendments withdrawn); clearing
it for Presidential action.
The Senate agreed to the House amendments to S. 2081, to establish a
mechanism for making longrange policy with respect to the Nation's
lands, water, and related resources, clearing it for Presidential action.
The House passed S. 2278, The Civil Rights Attorney's Fees Awards Act of
1976, clearing it for Presidential action.
The House and Senate passed H.J. Res. 1119, to provide for the convening
of the first session of the Ninety-fifth Congress, on January 4, 1977.
The House agreed to the Conference Report on H.R. 11337, to provide for
a mid-decade census, clearing it for Presidential action.
The House concurred in the Senate amendments to the House amendments to
S. 2548, to revise and extend the authorizations of appropriations in
provisions of title XII of the Public Health Service Act relating to
emergency medical services systems, clearing it for Presidential action.
21
Oct 1 contd
The House concurred in the Senate amendment to the House amendments to
the Senate amendment to H.R. 13713, to provide for increases in approp-
riation ceilings and boundary changes in certain units of the National
Park System, clearing it for Presidential action.
The House concurred in Senate amendment to H.R. 13828, to amend
title 44, U.S.C., to strengthen the authority of the Administrator of
General Services with respect to records management by Federal agencies,
clearing it for Presidential action.
The House concurred in the Senate amendments to H.R. 13160, to designate
certain lands within units of the National Park System as wilderness; to
revise the boundaries of certain of those units, clearing it for
Presidential actions.
The Senate passed S. 1437, to distinguish Federal grant and cooperative
agreement relationships from Federal procurement relationships.
The Senate concurred in the House amendments to S. 3521, to expedite the
delivery of Alaska natural gas to US markets, clearing it for Presidential
action.
The Senate passed S. 796, concerning agency appeals boards and subpoena
power.
The House passed S. 2081, to provide for furthering the conservation,
protection, and enhancement of the Nation's land, water, and related
resources for sustained use.
The House passed S. 726, to direct the Secretary of the Interior to
convey for fair market value, certain lands to Valley County, Idaho.
The House passed S. 2798, to eliminate a restriction on use of certain
lands conveyed to the city of Yukutat, Alaska; and
S. 1365, to authoirze the Secretary of the Interior to convey to the
city of Haines, Alaska, interests of the US in certain lands, clearing
both for Presidential action.
The Senate passed S. 3520, to extend the rural community fire protection
program through FY 1980.
Sen's. Hathaway and Muskie introduced S. Con. Res. 212, relating to land
claims of the Passamaquoddy Tribe of Indians.
22
Oct 1 contd
Rep's. Cohen and Emery introduced H. Con. Res. 782, to express the sense
of the Congress that the Joint Tribal Council of the Passamaquoddy Tribe
and the Penobscot Tribe and their representatives shall have a cause of
action for monetary damages only for alleged violation of the 1790
Indian non-Intercourse Act and that no cause of action for the return of
aboriginal lands in the State of Maine shall lie; to Interior Com.
Sen. Gary Hart introduced S. 3899, to establish a comprehensive program
to provide financial and technical assistance to States, local governments
and Indian tribes to manage impacts caused by energy development; to
Government Operations Com.
Rep's. Nolan, Quie, and Fraser introduced H.R. 15837, to provide that
certain land of the United States shall be held by the United States in
trust or certain communities of the Mdewakanton Sioux in Minnesota; to
Interior Com.
New Public Laws --
S. 3651, to amend the ANSCA to provide for the withdrawal of lands
for the village of Klukwan, Alaska. Signed 10/4/76 (P.L. 94-456)
H.R. 12838, to amend and extend the National Foundation on the Arts
and Humanities Act to provide for improvement of museum services,
and to establish a challenge grant program. Signed 10/8/76
(P.L. 94-462)
S. 2981, to authorize FY 1977 appropriations for the Indian Claims
Commission. Signed 10/8/76 (P.L. 94-465)
S. 2657, to extend and revise the Vocational Education Act of 1963,
and to extend the Higher Education Act of 1965. Signed 10/8/76
(P.L. 94-482)
S. 2228, authorizing funds through FY 1979 under the Public Works
and Economic Development Act. Signed 10/12/76 (P.L. 94-487)
H.R. 13367, to extend and amend the State and Local Fiscal Assistance
Act of 1972 (General Revenue Sharing. Signed 10/13/76 (P.L. 94-488)
SELECTED PUBLIC LAWS ENACTED BY THE 94TH CONGRESS, 2ND SESSION
PUBLIC LAW
DATE APPROVED
TITLE OR SUBJECT
94-235
March 17, 1976
To establish the Chickasaw
H.R. 4979
HRpt. No. 94-803
National Recreation Area in
90 Stat. 237
SRpt. No. 94-678
the State of Oklahoma, and
for other purposes.
94-262
April 11, 1976
To convey certain federally
H.R. 1466
HRpt. No. 94-477
owned land to the Twentynine
90 Stat. 327
SRpt. No. 94-729
Palms Park and Recreation
District.
94-265
April 13, 1976
To provide for the conservation and
H.R. 200
HRpts. No. 94-445
management of the fisheries, and for
90 Stat. 331
and No. 94-948
other purposes.
SRpts. No. 94-416,
94-459, and No. 94-515,
all accompanying S. 961,
and No. 94-711
94-266
April 15, 1976
Making emergency supplemental
H.J.Res. 890
appropriations for public employment
90 Stat. 362
programs, summer youth programs, and
preventive health services for
FY ending 6-30-76.
94-271
April 21, 1976
To provide for the division of assets
H.R. 1465
HRpt. 94-476
between the Twentynine Palms Band and
90 Stat. 373
SRpt. 94-738
Cabazon Band of Mission Indians, Cal.
94-273
April 21, 1976
To make permanent changes in laws
S. 2445
HRpt. No. 94-1000
necessary to comply with the change
90 Stat. 382
accompanying H.R.
to the new FY Oct. 1 -- Sept. 30.
12605
SRpt. No. 94-469
94-274
April 21, 1976
To provide for the orderly transition
S. 2444
HRpt. No. 94-1001
to the new FY Oct. 1 - Sept. 30.
90 Stat. 395
accompanying H.R.
12606
SRpt. No. 94-468
94-280
May 5, 1976
To authorize appropriations for the
H.R. 8235
HRpt. No. 94-476
construction of certain highways.
90 Stat. 373
SRpt. No. 94-738
SELECTED PUBLIC LAWS ENACTED BY THE 94th CONGRESS, 2nd SESSION
PUBLIC LAW
DATE APPROVED
TITLE OR SUBJECT
94-297
May 29, 1976
"Indian Crimes Act of 1976"
S. 2129
HRpt. 94-1038
90 Stat. 586
SRpt. 94-620
94-303
June 1, 1976
Supplemental Appropriation
H.R. 13172
HRpts. 94-1027
FY 1976 thru 9-30-76
90 Stat. 660
& 94-1133
SRpt. 94-802
94-310
May 13, 1976
Leave Court witnesses --
H.R. 11438
SRpt. 94-830
Federal Employees
90 Stat. 687
HRpt. 94-814
94-369
July 22, 1976
Public Works Employment
S. 3201
HRpt. 94-1077
Act of 1976
90 Stat. 999
CRpt. 94-1260
SRpt. 94-710
CRpt. 94-939
94-371
July 26, 1976
Comprehensive Alcohol Abuse
S. 3184
HRpt. 94-1092
& Alcholoism Prevention,
90 Stat. 1035
CRpt. 94-1285
Treatment, & Rehabilita-
SRpt. 94-705
tion Act Amendments of 1976
(pts. 1&2)
94-373
July 31, 1976
FY 1977 Interior & related
H.R. 14231
HRpt. 94-1218
agencies appropriation
90 Stat. 1043
CRpt. 94-1330
SRpt. 94-991
94-375
August 3, 1976
Housing Authorization Act
S. 3295
HRpt. 94-545
of 1976
90 Stat. 1067
HRpt. 94-1091
(pts. 1&2)
HRpt. 94-1291&
1304
SRpt. 94-520
SRpt. 94-749
SELECTED PUBLIC LAWS ENACTED BY THE 94th CONGRESS, 2nd SESSION
PUBLIC LAW
DATE APPROVED
TITLE OR SUBJECT
94-401
September 7, 1976
Authorizing funds to extend
H.R. 12455
HRpt. 94-903
child care and social services
90 Stat. 1215
CRpt. 93-1213
programs.
SRpt. 94-857
94-409
September 13, 1976
Government in the Sunshine
S. 5
HRpt. 94-880, Pts 1
90 Stat. 1241
2 --CRpt. 94-1441
SRpt. 94-354&94-381
CRpt. 94-1178
94-416
September 17, 1976
Repeal the law allowing
S. 217
HRpt. 94-800
condemnation of Pueblo
90 Stat. 1275
CRpt. 94-1439
lands (Mexico) under State
SRpt. 94-148
law.
94-437
September 30, 1976
Authorizing funds to improve
S. 522
services and facilities for
Federal Indian Health
Programs [Indian Health
Care Improvement Act]
94-438
September 30, 1976
Making appropriations for
H.J.Res. 1096
certain Indian judgments.
94 439
September 30, 1976
Making appropriations for
H.R. 14232
Dept. of Labor & HEW for FY 77.
9-442
October 1, 1976
Relief to the Santa Ynez
H.R. 589
Water Conservation District,
Calif., as a result of
delivery of water to Santa
Ynez Indian Reservation lands.
94-456
October 4, 1976
Amend the ANCSA to provide
S. 3651
for the withdrawal of lands
for the village of Klukwan.
94-462
October 8, 1976
Amend & extend the National
H.R. 12838
Foundation on the Arts and
Humanities Act (museum services).
SELECTED PUBLIC LAWS ENACTED BY THE 94th CONGRESS, 2nd SESSION
PUBLIC LAW
DATE APPROVED
TITLE OR SUBJECT
94-465
October 8, 1976
To authorize FY 1977
S. 2981
appropriations for the ICC.
94-482
October 10, 1976
Extend & revise the Vocational
S. 2657
Education Act of 1963, and
the Higher Education Act of
1965.
94-487
October 12, 1976
Authorize fund thru FY 1979
S. 2228
under the Public Works &
Economic Development Act.
94-488
October 13, 1976
General Revenue Sharing
H.R. 13367
Extend & amend State and
local fiscal assistance.
Private Laws -- 94-37 -- For the relief of Oscar Barnett
Signed 4/13/76 -- H.R. 4941
94-56 -- For the relief of James J. Caldwell
Signed 8/6/76 -- H.R. 2943
FORD LIBRARY & GERALD
10/15/76
BILLS BEFORE THE PRESIDENT BUT NOT YET SIGNED INTO LAW
S. 22
For the general revision of the Copyright Law, title 17
of the U.S.C.
S. 1659
Provide for the disposition of funds appropriated to pay
a judgment in favor of the Grand River Band of Ottawa
Indians.
S. 2212
Crime Control Act -- Permits the LEAA to increase the
the Federal share of grants to Indian tribes or other
aboriginal groups where it is determined that
sufficient funds are not available to meet the local
share of costs.
S. 2278
The Civil Rights Attorney's Fees Awards Act of 1976.
H. 9719
To require the Secretary of Interior to make payments
to local governments based on the amount of certain
public lands within their boundaries.
H.R. 11337
To provide for a mid-decade census.
H.R. 14451
Amend the Federal Property & Administrative Services
Act of 1949, to permit the donation of Federal surplus
property to the States and local organizations for
public purposes.
September 27, 1976 CONGRESSIONAL RECORD-Extensions of Remarks
5303
Indian Movement-AIM. Mr. Durham,
legal counsel is required to reverse his
a former police officer and news
convictions.
photographer, infiltrated the American
Only with your help can we free this In-
Indian Movement under the instructions
dian religious leader whose only "crime" is
of the FBI during the 1973 armed occu-
his pride in his heritage.
pation of Wounded Knee, S. Dak.
Says the letter:
Douglas Durham became a close associ-
While the National Council of
ate of AIM leader Dennis Banks and
Churches is a tax-exempt organization,
served as an AIM security coordinator.
it is understood that contributions to the
Mr. Durham's role as a highly placed
Leonard Crow Dog appeal are not tax
undercover operative in AIM was inad-
deductable.
vertently revealed in FBI documents
The National Council of Churches
which were made available to the Na-
Crow Dog appeal letter does not quote
tional Lawyers Guild attorneys by Fed-
the brochure of the Native American
eral court order during the trial of AIM
Speakers Bureau, P.O. Box 3677, St.
leaders for their role in Wounded Knee.
Paul, Minn. 55101, which quotes the fol-
Mr. Durham's testimony has revealed
lowing statement of the "AIM spiritual
shockingly that in October 1973, after
leader:"
the takeover of Wounded Knee, Federal
Judge Fred Nichol "had driven Dennis
We are not going to massacre the white
man, we are going to massacre his attitude
Banks and his attorney to his residence,
and his government.
where Judge Nichol and Mrs. Nichol
entertained the guests with coffee and
Perhaps when individuals and church
cookies, and Mrs. Nichol was made an
groups consider the NCC's Crow Dog ap-
honorary member of the American
peal fund. they will also give consider-
Indian Movement."
ation to the Senate report and the sworn
Coincidentally, at the same time as
testimony and documentation provided
release of the Senate testimony and re-
by Douglas Durham. The report made
port, we have received a fundraising
the following summary of findings of
appeal from the National Council of
fact about the American Indian move-
Churches for legal fees for an AIM
ment:
leader.
(1) The True Dimensions of AIM: The
Leonard Crow Dog, characterized by
American Indian Movement does not speak
the NCC fundraisers as the "traditional
for the American Indians. It is a minority
medicine man of the Bioux Indians at
movement which, at the most, numbers
Rosebud, S. Dak., and spiritual leader
several thousand followers. It is noteworthy
that its most spectacular and most publi-
of the Native American Movement," was
cized activities have never involved more
sentenced to 11 years imprisonment as
than several hundred people.
a result of his role in the AIM armed
(2) AIM as a Revolutionary Organization:
takeover of Wounded Knee. While await-
It is a frankly revolutionary organization
ing a hearing on his appeal, Crow Dog
which is committed to violence, calls for the
was convicted of abetting an assault and
arming of American Indians, has cached ex-
two concurrent 5-year sentences were
plosives and illegally purchased arms, plans
kidnappings, and whose opponents have been
added to his prison term. In January
eliminated in the manner of the Mafia. Some
1976, Crow Dog, free on $25,000 bail, was
of AIM's leaders and associates have visited
convicted of another assault charge for
Castro['s] Cuba and/or openly consider
which he was placed on probation for
themselves Marxist-Leninists.
5 years.
(3) Foreign Ties: It has many foregin ties,
The National Council of Churches has
direct and indirect-with Castro['s] Cuba,
a different view of the crimes for which
with [Red] China, with the IRA [Irish Re-
Crow Dog was convicted. According to
publican Army]. with the Palestine Libera-
tion Organization, and with support organi-
the NCC:
zations in various European countries.
His "crimes" were heating his people,
(4) Domestic Extremist Ties: In the
protecting his family and working to build
United States, it has maintained contact
his nation. For this he has received
with and has received propaganda and other
sentences totaling 26 years in prison.
support from a large number of left extrem-
The NCC neglects to mention that
ist organizations, including the Weather
Crow Dog's sentences are concurrent, not
Underground, the Communist Party, the
Trotskyists [Socialist Workers Party, and
consecutive, and that his maximum term
others]. the Symbionese Liberation Army,
is 11 years. The NCC also fails to mention
the Black Panther Party, Youth Against War
that the average Federal prisoner is con-
and Fascism, the Indo-China Solidarity
sidered for parole after serving one-
Committee, the Prisoners Solidarity Com-
third of his sentence-a little more than
mittee, the Prisoners [a YAWF sub-group],
3½ years in Crow Dog's case.
eto.
AMERICAN INDIAN MOVEMENT'S
The National Council of Churches
(5) AIM and Media: AIM's commitment to
SUBVERSIVE AND TERRORISTS
mailing, signed by Dean M. Kelley, "Ex-
spectacular actions has resulted in massive
media coverage. This coverage, while not
ACTIVITIES EXPOSED IN SENATE
ecutive for Religious and Civil Liberty"
always uncritical, has generally been sympa-
TESTIMONY
of the NCC's Division of Church and
thetic-perhaps because of the widespread
Society, reads in part:
tendency to Convert sympathy for the plight
HON. LARRY McDONALD
as we became aware of Crow Dog's
of Indian people into sympathy for AIM,
case we could not sit back while an individ-
without asking certain essential questions.
OF GEORGIA
ual, and a religious leader at that, is as much
The sheer mass of the media coverage, more-
IN THE HOUSE OF REPRESENTATIVES
a victim of outrageous injustice as Leonard
over, has served to foster a widespread im-
Crow Dog.
pression-in government circles as well as
Monday, September 27, 1976
Since 1973, the U.S. Government has
among the general public-that AIM speaks
Mr. McDONALD. Mr. Speaker, the
persecuted and hounded Crow Dog through
for the great mass of the Indian people.
Benate Internal Security Subcommittee
its Judicial system
(6) Support from Federal, Church and
has released testimony by Douglas
Other Sources: Taking advantage of the mas-
Dean Kelley's letter notes in vague
Durham, together with supporting docu-
give public relations build-up they have re-
terms the charges brought against Leon-
ceived from the media, the American Indian
ments and a staff report summarizing the
ard Crow Dog and says that while the
Movement has been able to obtain many
subcommittee's findings, on the American
AIM leader is "free temporarily." expert
hundreds of thousands of dollars worth of
5304
CONGRESSIONAL RECORD-Extensions of Remarks September 27, 1976
support from various offices of the Federal
He also reported that Dennis Banks, after.
So our progressives are what look like to you
government and from a variety of religious
his return from a. meeting sponsored by the
our "conservatives." By that I mean that
organizations, Catholic and Protestant.
World Council of Churches in Vienna in the
our "traditionals" are the people who are
Threats and the physical'occupation of build-
fall of 1974, had reported to him that he had
struggling to conserve and maintain our cul-
ings have also been used as instruments of
met with officials of the Palestine Liberation
tural ways and values as well as being leaders
suasion in promoting Federal and religious
Organization and they had offered their sup-
in our struggle against colonialism. The
funding. AIM has also received substantial
port to him. Durham named a Mr. George
B.I.A. in fact dojes] call t-em "con-
sums of money from business, from labor
Roberts, owner of the Inca Manufacturing
servatives:" but being our real leaders they
groups, and from private individuals.
Company in Santa Monica, California, as one
are in actual fact our "progressives."
(7) Financial Abuses: The bulk of the
of the principal vehicles for AIM's interna-
money given to AIM by the United States
tional contacts. He said that he had first met
government and by the churches has been
with Roberts after returning to the United
Since the 1840s. and especially recently,
used to radicalize the Indians, to stage con-
States from his meeting with Dennis Banks
it is obviously a very 'Indian' thing to use
frontations like the occupation of Wounded
in Yellowknife, Canadian Northwest Ter-
the best and most modern rifles available to
Knee and the occupation of the Bureau of
ritories, in September 1973. Roberts, a non-
us. One of our valued traditions is to use
Indian Affairs in Washington, D.C., and to
Indian, indicated to Durham that be had
the best possible weapons to fight our
take care of the personal financial needs of
traveled to Wounded Knee during the
oppressor.
all the AIM leaders. Contrary to the repre-
occupation and had become friendly with
Jimmy Durham's memorandum has
sentations of AIM in soliciting these funds,
Dennis Banks there,and that he had offered
particularly important coments and ex-
they have not been used, except to a very
to utilize his contacts with embassies around
minor extent, to improve the lot of the
planations of AIM "spiritualism" and the
the world to build the American Indian
American Indian.
importance to its movement of militants
Movement's credibility internationally.
(8) The Undercutting of Legally Consti-
like Leonard Crow Dog. According to
tuted Indian Authority: The supine attitude
Durham further testified that Roberts
AIM's U.N. representative:
of government officials in dealing with man-
had in his presence made a phone call to
Our "spiritualism" is a controversial issue
**estations like the occupation of the bureau
a Dr. Faustino Perez in Mexico City "to
right now. Marx said that weligion 1s the
of Indian Affairs, the many hundreds of
arrange for Dennis Banks to go to Cuba
opium of the people. We agree that for
thousands of dollars they have lavished on
in hiding." Durham also testified that
Europe and Asia religion is a drug that ex-
AIM for social programs that were never Im-
he knew of a meeting in Ottawa. Canada,
ploits people for the State. That is why we
plemented, and the deferential-indeed, al-
with representatives of Red China and
have fought Christianity 80 totally. But are
most obsequious-manner in which they have
that-
say our religion is a force of liberation.
conducted their negotiations with represent-
atives of AIM, have not only strengthened
It was his understanding that George Rob-
AIM enormously, but have also served to
arts and John Trudell had attended it; and
In reality, our "spiritual" values nt very
undercut the prestige and authority of the
he said that he had heard the conversations
well into Marxist-Leninist thought, and can
tribal chairmen and the National Tribal
had to do with some measure of technical
enhance and further it, just as did the
Chairmen's Association. This was the sub-
and financial support from the Peoples Re-
P.A.G.C. [the Marxist-Leninist terrorist
movement which now rules the former
ject of a bitter complaint to Secretary of the
public of China for AIM.
Portuguese colony of Guinca-Bissauj,
Interior, Rogers Morton, from the National
Among the supporting documents re-
Nkrumah, and the Cuban revolutionaries.
Tribal Chairmen's Association on Novem-
produced in the appendix to the hearing
What is called our spiritualism and our re-
ber 12, 1973.
is a significant memorandum from AIM
ligion can serve as a liberation force not
(9) The Case of Judge Nichol: Important
leader Jimmy Durham and his wife, Ann
only for us but for other people in the
testimony was given concerning the prejudi-
world.
cial attitude of Federal Judge Fred Nichol,
Gael Durham, who coordinate AIM ac-
who on September 19, 1974, dismissed the
tivity with the various Cuban-oriented
charges against American Indian Movement
revolutionary groups in this country, par-
The concepts I am describing here are dif-
leaders Dennis Banks and Russell Means. In
Scult to communicate because of the English
Licularly with the Weather Under-
March 1975, the U.S. Attorney's office in Sioux
ianguage itself It may seem contra-
ground's Prairie Fire Organizing Com-
Falls, South Dakota, had filed a strongly
Cictory to some people that a writer who is
mittee and the Castroite Communist
worded motion of prejudice against Judge
defending Indian traditionalism is also de-
Nichol, asking that be disqualify himself
Puerto Rican Socialist Party. Jimmy and
nying the "spiritualism" of that traditional-
from the remaining Wounded Knee leader-
Ann Gael Durham operate AIM's Inter-
Ism. Someone might object, "What about the
ship trials. In the supporting affidavit, the
national Indian Treaty Council offices at
ghost dance?"
Did people really be-
U.S. attorney claimed that Judge Nichol
the United Nations. Ann Gael is a mem-
Heve Wovoka, the founder of the ghost dance,
often expressed respect for the people who
ber of the National Interim Coordinat-
when he said that the dance would roll back
were involved in the Wounded Knee take-
the invaders and that the buffalo would re-
ing Committee of the Native American
over, and that during the trial he had at-
turn? Personally, I take his words as
Solidarity Committee-NASC-a 000p-
tended a luncheon addressed by defense
prophetic metaphor, or parable. I do know,
counsel William Kunstler and had led a
erative support effort of the Prairie Fire
however, that twenty years earlier many of
standing ovation for Kunstler at the con-
Organizing Committee and other Cas-
those same people looked upon Tatanks
clusion of his speech. The witness testified
troite groups.
Iotanka [Sitting Bulli as their spiritual
that in October 1973, Judge Nichol had
Jimmy Durham is one of AIM's prin-
leader. In the Battle of the Little Bighorn,
driven Dennis Banks and his attorney to
cipal contacts with the Cuban Com-
Tatanka Iotanka, as a spiritual leader, went
his residence, where Judge Nichol and Mrs.
munist agents at the United Nations. His
to a special place and did oeremonies for the
Nichol entertained the guests with coffee and
memorandum. contains the following
good of his people. But the people them-
cookies, and Mrs. Nichol was made an bon-
selves did not go sit under a tree and pray
comments on the ideological nature of
orary member of the American Indian Move-
with Tatanka Iotanka; they went down and
the American Indian Movement:
ment
wiped out Custer's army. Nor did Tatanks
Bo we have always defined our struggle
Iotanka at any time say to them, "Let's all
The Senate summary includes a sec-
not only as a struggle for land but also as a
go away and pray." He admonished everyone
tion on AIM's international contacts with
struggle to retain our cultural values. Those
to organize and fight as hard as they could.
terrorists, revolutionary groups, and the
values are communistic values. Our societies
That is one of our "spiritual traditions."
Communist regimes of Cuba, and Red
were and are communistic societies. The
China:
U.S. government has always understood that
very well.
He said that AIM had funding
Marx used our societies as examples of
through groups in England, France, Ger-
what he meant by communism on two differ-
many, Ireland, and South America, and that
ent occasions in his writings. . We do not
AIM had held an international treaty con-
need Mark's words to teach us
vention in Aberdeen, South Dakota, in the
We do need Marrism-Leninism as a method
summer of 1974, which was attended by rep-
and system for knowing the human world
resentatives from many foreign countries.
as it is today and for knowing how to most
"The idea," said Durham, "was to get all the
effectively fight our oppressor. We do need
treaty issues taken out of the hands of the
to join forces with world Marxism-Leninism,
United States and put here before the World
because that is the liberation movement for
Court or the United Nations."
the world.
He said that he knew as a fact that repre-
sentatives of the Irish Republican Army com-
The AIM leader moved on to explain:
mittee had met with AIM during the trial
We define a "traditional" Indian as -one
in St. Paul and that at a later date, Sean
who maintains the whole body of his peo-
O'Connaith, one of the IRA leaders, had in-
ple's vision (political system). and that in-
vited the AIM leaders to Dublin.
cludes total resistance to colonization,
94th Congress, 2d Session
House Document No. 94-624
VETO OF ACT PROVIDING SPECIAL RETIREMENT
BENEFITS TO CERTAIN NON-INDIAN EMPLOYEES
OF THE BUREAU OF INDIAN AFFAIRS AND THE
INDIAN HEALTH SERVICE
MESSAGE
FROM
THE PRESIDENT OF THE UNITED STATES
VETOING
H.R. 5465, AN ACT TO PROVIDE ADDITIONAL RETIREMENT
BENEFITS FOR CERTAIN EMPLOYEES OF THE BUREAU OF
INDIAN AFFAIRS AND THE INDIAN HEALTH SERVICE WHO
ARE NOT ENTITLED TO INDIAN PREFERENCE, TO PRO-
VIDE GREATER OPPORTUNITY FOR ADVANCEMENT AND
EMPLOYMENT OF INDIANS, AND FOR OTHER PURPOSES
SEPTEMBER 27, 1976.-Message and accompanying act referred to the
Committee on Post Office and Civil Service and ordered to be printed
U.S. GOVERNMENT PRINTING OFFICE
57-011 0
WASHINGTON : 1976
To the House of Representatives:
I am returning, without my approval, H.R. 5465, a bill which would
provide special retirement benefits to certain non-Indian employees
of the Bureau of Indian Affairs (BIA) and the Indian Health Serv-
ice (IHS) who are adversely affected by Indian preference
requirements.
I strongly support the objective of having Indians administer the
Federal programs directly affecting them. I am familiar with and
understand the concern of non-Indian employees of these agencies
about their long-term career prospects because of Indian preference.
But H.R. 5465 is the wrong way to deal with this problem.
This bill is designed to increase employment opportunities for
Indians by providing special compensation to non-Indian employees
in BIA and IHS who retire early. It seeks to accomplish this purpose
by authorizing payment of extraordinary retirement benefits under
certain conditions to non-Indian employees of these agencies who re-
tire before 1986-benefits more liberal than those available to any
other group of Federal employees under the civil service retirement
system. I believe that this approach will result in inequities and added
costs that far exceed the problem it is attempting to solve-a problem
which is already being addressed through administrative actions by
the agencies involved.
H.R. 5465 would provide windfall retirement benefits to a relatively
small number of the non-Indian employees of these agencies. The
Indian employees and other non-Indian employees in these same
agencies would not receive these benefits. The eligible employees are
not in danger of losing their jobs. Because they may face a limited
outlook for promotion, the bill would pay these employees costly
annuities even though they had completed substantially less than a
full career. Payments could be made at age 50 after only 20 years of
Federal service, of which as little as 11 years need be Indian-agency
service. Their annuities would be equivalent to the benefits it would
take the average Federal employee until age 60 and 27 years of service
to earn.
This would seriously distort and misuse the retirement system to
solve a problem of personnel management for which there are far
more appropriate administrative solutions. The Departments of the
Interior and Health, Education, and Welfare have established special
placement programs to help non-Indian employees who desire other
jobs. I am asking the Chairman of the Civil Service Commission to
make certain that those placement efforts are rigorously pursued with
all agencies of the Federal Government.
Further, these Departments assure me that many non-Indian em-
ployees continue to have ample opportunity for full careers with
Indian agencies if they so desire. Accordingly, H.R. 5465 represents
an excessive, although well-motivated, reaction to the situation. Indian
preference does pose a problem in these agencies, but it can and should
be redressed without resort to costly retirement benefits.
I am not prepared, therefore, to accept the discriminatory and
costly approach of H.R. 5465.
GERALD R. FORD.
The WHITE HOUSE, September 24, 1976.
(III)
H. R. 5465
Ainety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Act
To provide additional retirement benefits for certain employees of the Bureau of
Indian Affairs and the Indian Health Service who are not entitled to Indian
preference, to provide greater opportunity for advancement and employment
of Indians, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 8336
of title 5, United States Code, is amended by redesignating subsections
(g) and (h) as subsections (h) and (i), respectively, and inserting
immediately after subsection (f) the following new subsection:
"(g) An employee is entitled to an annuity if he-
(1) is separated from the service before December 31, 1985,
after completing 25 years of service or after becoming 50 years
of age and completing 20 years of service,
(2) was employed in the Bureau of Indian Affairs or the
Indian Health Service continuously from June 17, 1974, to the
date of his separation,
(3) is not entitled to an annuity under subsection (a), (b),
(c), or (e) of this section or under section 8337 of this title,
(4) is not entitled to a preference under section 12 of the Act
of June 18, 1934 (48 Stat. 986) or any other provision of law
granting a preference to Indians in promotions or other personnel
actions, and
(5) demonstrates to the satisfaction of the Commission that
he has been passed over on at least two occasions for promotion,
transfer, or reassignment to a position representing career
advancement because of section 12 of the Act of June 18, 1934
(48 Stat. 986) or any other provision of law granting a preference
to Indians in promotions or other personnel actions.".
(1)
2
SEC. 2. (a) Section 8339 (d) of title 5, United States Code, is
amended by striking out "8336(c)" and inserting in lieu thereof
"8336(c) or (g)".
(b) Section 8339 (h) of title 5, United States Code, is amended by
striking out "section 8336(g)" and inserting in lieu thereof "8336(h)".
SEC. 3. The amendments made by this Act shall take effect on
October 1, 1976, or on the date of the enactment of this Act, whichever
date is later, and shall only apply with respect to employees separated
from the service after June 17, 1974.
CARL ALBERT,
Speaker of the House of Representatives.
PATRICK J. LEAHY,
Acting President of the Senate Pro Tempore.
I certify that this act originated in the House of Representatives.
EDMUND L. HENSWAW, Jr.,
Clerk.
By W. RAYMOND COLLEY