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FEDERAL ACKNOWLEDGMENT ADMINISTRATIVE

ACT OF 1989, PART 2

The above referenced hearing before the Senate Select Committee on Indian Affairs was inadvertently printed with the incorrect publication number of S. HRG. 101-170, PT. 2.

The correct designation is: S. HRG. 101-270, PT. 2.

DEPOSIT

DEC 01 1989

SHOPED

CONTENTS

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Alexis, Phil, executive director, Confederated Historic Tribes, Michigan ....

Campisi, Jack, associate professor of anthropology, Wellesley College,

Wellesley, MA

Chambers, Reid, Sonosky, Chambers, Sachse & Miller, Washington, DC.....
Elbert, Hazel, Acting Deputy to the Assistant Secretary for Indian Affairs
(Operations), BIA, Department of the Interior..

Fogelson, Raymond, anthropologist, University of Chicago, Chicago, IL ......
Gindrat, Helen, vice chairwoman, United Houma Nation, Inc., Golden
Meadow, LA..

Inouye, Hon. Daniel K., U.S. Senator from Hawaii, chairman, Select
Committee on Indian Affairs

Jones, Stanley G., Sr., chairman, Tulalip Tribes, Tulalip, WA..............
McCain, Hon. John, U.S. Senator from Arizona, vice chairman, Select
Committee on Indian Affairs..

Mitchell, Violet, representing the Intertribal Council of Arizona..
Roessel, Faith, staff attorney, Native American Rights Fund, Washington,
DC, representing Working Group........

Sturtevant, William C., anthropologist, curator of North America Ethnol-

ogy, Smithsonian Institution, Washington, DC.

Wadena, Darrell, chairman, Minnesota Chippewa Tribe.
Widdiss, Don, president, Wampanoage Tribal Council, Gay Head, State
Road, MA

White, Ray, chairman, Miami Tribe of Indiana, Muncie, IN

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Avant-Tavares, Joan, chairperson, Mashpee Wampanoag Indian Tribal
Council (with attachments)..

272

..................

255

Chambers, Reid..

92

Duthu, Nathan, United Houma Nation, Inc. of Louisiana, Nisqually
Indian Tribe (with resolution)...

241

Ezold, June, chairwoman, Brothertown Indian Nation Tribal Council
(with attachments)

296

Locklear, Arlinda, on behalf of the Lumbee Indian Tribe, North Carolina.
Martin, Phillip, chief, Mississippi Band of Choctaw Indians.....

219

268

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Page

Additional material submitted for the record:

Monette, Richard, staff attorney, Select Committee on Indian Affairs,
Memorandum

354

Section-by-section analysis of the bill.....

360

Western Alaska Tribal Council, resolution.

362

Letters to the committee from:

Church, Clio Caleb, Delaware-Muncie Indians of Franklin County, Kansas
Cowper, Hon. Steve, Governor, Alaska.

329

338

De La Cruz, Joseph, president, Quinault Indian Nation

342

Leask, Janie, president, Alaska Federation of Natives, Inc..............................
Lowery, James, North Carolina Indian Adventure, Inc.
Roberts, Margaret, chairman, Kodiak Tribal Council

347

351

352

Report:

Evaluation of status, Clarification Projects funded by ANA, fiscal year 1981 to fiscal year 1988, final report

366

FEDERAL ACKNOWLEDGMENT ADMINISTRATIVE PROCEDURES ACT OF 1989

FRIDAY, MAY 5, 1989

U.S. SENATE,

SELECT COMMITTEE ON INDIAN AFFAIRS,

Washington, DC.

The committee met, pursuant to notice, at 9:30 a.m., in room 485, Russell Senate Office Building, Hon. Daniel K. Inouye (chairman of the committee) presiding.

Present: Senators Inouye, McCain, Reid, Gorton, Cochran, and Murkowski.

STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM HAWAII, CHAIRMAN, SELECT COMMITTEE ON INDIAN AFFAIRS The CHAIRMAN. The committee will come to order.

I thank all of you for attending this hearing on S. 611, a bill to provide a statutory basis for establishing administrative procedures to clarify the relationship between the United States and certain Indian groups. S. 611 would establish an independent Office of Federal Acknowledgment that is intended to remain free from political pressures. It would create an appeals panel which will be knowledgeable in anthropology, history, and the law regarding Indians. S. 611 proposes a separate procedure for petitioners that are recognized by law but which are not currently acknowledged by the Federal Government. The bill will authorize funds for the Department of the Interior and the petitioners to carry out the purposes of the bill.

Last week, the committee held a field hearing in Sacramento, CA, on S. 611 and received testimony on the bill from over 50 witnesses representing unrecognized tribes in the State of California. The history of Federal Indian policy in California is another sad chapter in Federal Indian relations, in which 18 treaties were entered into with California tribes that relinquished their ancestral lands, only to have the treaties shelved when they were sent to Washington, and never ratified by the Senate. Although there were many attempts to break up traditional groups and to scatter Indian people to various parts of the State, it is a testament to the tenacity of California Indians, that despite the concerted efforts to terminate them, they continue to maintain their tribal identity. Their testimony makes clear the need for legislation that will establish an orderly process that will treat all petitioning groups in a consistent manner, recognizing that many of these groups had govern

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ment-to-government relations with the United States early in this Nation's history.

Today, we look forward to receiving the testimony of many distinguished witnesses, including that of our friend and former colleague, Senator Jim Abourezk, under whose chairmanship this committee first began to seek a solution to the Federal acknowledgment problem. We will also receive the views of the Administration, several Indian tribes, experts in the fields of anthropology, history, and the law, and from the working group which was asked to develop this legislation.

As many of you know, Senator McCain, the vice chairman of this committee, has introduced S. 912, an alternative approach to achieving the objectives that are proposed in S. 611. Accordingly, the committee will be pleased to receive any testimony that witnesses may wish to provide regarding the merits of S. 912 as well. We look forward to receiving your testimony on these very important matters and receiving any written testimony you would like to submit for the record.

I now recognize the distinguished Senator from Arizona, Senator McCain.

[Text of S. 611 follows:]

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