AISenate hearing on tribal buffalo restoration and three tribal land/water bills

Public Lands and Energy MarkupsSenate Indian Affairs · June 12, 2024 · 118th Congress
The Senate Committee on Indian Affairs held this hearing to examine four bills: S.2908 (Indian Buffalo Management Act), S.3263 and S.4000 (reaffirming Indian Reorganization Act coverage for the Poarch Band of Creek Indians and the Lytton Rancheria of California, respectively), and S.4442 (amending the Crow Tribe Water Rights Settlement Act of 2010). Begins at ▶ 0:21:13
Transcript
Highlights

Title

Senate hearing on tribal buffalo restoration and three tribal land/water bills

Purpose

The Senate Committee on Indian Affairs held this hearing to examine four bills: S.2908 (Indian Buffalo Management Act), S.3263 and S.4000 (reaffirming Indian Reorganization Act coverage for the Poarch Band of Creek Indians and the Lytton Rancheria of California, respectively), and S.4442 (amending the Crow Tribe Water Rights Settlement Act of 2010). Members heard from the Interior Department's Assistant Secretary for Indian Affairs and tribal witnesses on buffalo restoration funding, land-into-trust litigation costs, and water infrastructure challenges. Begins at▶ 0:21:13

Who spoke

• Sen. Lisa Murkowski (R-AK), Vice Chair▶ 0:21:13: Described Alaska's Old Harbor and Stevens Village buffalo programs, noting roughly 500 buffalo transported by barge, truck, and helicopter from the Lower 48▶ 0:21:13; later pressed Assistant Secretary Newland on whether the buffalo bill would cover transport of animals and mobile processing equipment to remote Alaska villages▶ 1:04:31▶ 1:05:16, and asked about BIA's roughly three-year average land-into-trust review timeline▶ 1:07:47.

• Chairman Brian Schatz (D-HI)▶ 0:22:40: Presided over the hearing, introduced witnesses and members, and adjourned the session after two weeks were set aside for written questions▶ 1:21:36.

• Sen. Jon Tester (D-MT)▶ 0:23:08: Praised the Crow Water Rights Settlement Amendments Act as cost-neutral, requiring no new funds or reopening of the settlement▶ 0:24:55; later questioned Crow Chairman White Clay on how the tribe would deliver clean water without the original pipeline and on the hydropower project deadline▶ 0:57:43▶ 1:00:07.

• Sen. Martin Heinrich (D-NM)▶ 0:25:57: Noted he co-led designation of the bison as the national mammal▶ 0:25:57 and described the bipartisan, bicameral Indian Buffalo Management Act as authorizing a permanent program and dedicated funding for tribal bison management▶ 0:27:05.

• Sen. Katie Britt (R-AL)▶ 0:29:39: Introduced Poarch Band Chair Stephanie Brian, describing the tribe's reinvestment of over $1 billion into more than 40 businesses in the last decade▶ 0:31:52.

• Bryan Newland, Assistant Secretary for Indian Affairs, Interior Department▶ 0:32:22: Said Interior supports passage of all four bills▶ 0:32:50; the Indian Buffalo Management Act would authorize $14 million annually▶ 0:33:18; confirmed the Crow settlement is $402 million, with about 90% appropriated and $40 million in discretionary funds remaining▶ 1:09:32; and confirmed BIA land-into-trust reviews take about three years on average▶ 1:07:47.

• Stephanie Brian, Chair/CEO, Poarch Band of Creek Indians▶ 0:37:35: Said the tribe has spent almost $10 million defending its trust lands against "frivolous lawsuits" since the 2009 Supreme Court decision▶ 0:40:21, and cited an example where lack of trust land cost the tribe $1 million to expand a Boys and Girls Club▶ 0:39:28.

• Andy Mejia, Chairperson, Lytton Rancheria of California▶ 0:41:47: Supported S.4000 as a technical clarification that does not itself take land into trust▶ 0:42:32; described his late mother's 27-year tenure as chairwoman, the 2019 trust acquisition of 511 acres for a 146-unit housing development, and her death in October 2020▶ 0:43:53▶ 0:44:20.

• Chairman White Clay, Crow Tribe▶ 0:45:49: Said engineering bids for the original pipeline intake came back with no bidders and would have cost over $100 billion over roughly 20 years▶ 0:47:51▶ 0:48:13; proposed instead building regional water plants drawing on a BIA-funded aquifer study to serve about 1,680 households▶ 0:58:07▶ 0:59:11.

• Ervin Carlson, President, Intertribal Buffalo Council▶ 0:50:57: Said historical buffalo populations of 30–60 million were reduced to a few hundred by the late 1800s, coinciding with a drop in the Indian population to about 250,000▶ 0:51:51▶ 0:52:24; said the Council has grown to 83 tribes in 22 states with a combined population exceeding one million▶ 0:53:44▶ 0:54:04, and that annual tribal funding requests "far exceed" the $14 million proposed▶ 1:12:18.

• Sen. Daines (R-MT)▶ 1:14:23: Said the Crow Tribe Water Rights Settlement Act amendment makes only a "surgical" technical correction and does not alter existing water rights, add funds, or reopen the compact▶ 1:15:45, which Newland confirmed for the record▶ 1:17:34; also raised the separate Crow Revenue Act, needed after closure of the tribe's coal mine eliminated a primary revenue source▶ 1:19:22, and requested a hearing on it, suggesting July 10▶ 1:17:02.

Key moments

• Newland testified the Indian Buffalo Management Act would authorize $14 million in annual appropriations for tribal buffalo management▶ 0:33:18.

• Carlson said buffalo populations fell from 30–60 million to a few hundred by the late 1800s as the Indian population dropped from millions to roughly 250,000, and that the U.S. military "participated in near extinction of the buffalo"▶ 0:51:51▶ 0:52:24▶ 0:52:49.

• Brian said the Poarch Band has spent almost $10 million defending its trust lands from lawsuits, all of which the tribe has won▶ 0:40:21.

• White Clay said pipeline construction under the original Crow water settlement design was projected at over $100 billion over roughly 20 years with no bidders, prompting a shift to regional well systems▶ 0:47:51▶ 0:48:13.

• Mejia described a 12-year process to take 511 acres into trust for 146 housing units, completed shortly after his mother, longtime Lytton Rancheria chairwoman, died unexpectedly in 2020▶ 0:43:53▶ 0:44:20.

• Carlson said the Intertribal Buffalo Council has grown to 83 tribes across 22 states with a combined population over one million, while funding requests each year "far exceed" the proposed $14 million▶ 0:53:44▶ 1:12:18.

• Murkowski established that BIA's land-into-trust review process takes about three years on average, and Brian said Poarch has not submitted new applications given the litigation costs already incurred▶ 1:07:47▶ 1:08:32.

• Newland confirmed the Crow settlement totals $402 million, with about 90% already appropriated and $40 million in discretionary funds remaining▶ 1:09:32.

• Daines said closure of the Crow Tribe's coal mine eliminated its main revenue source, and that the tribe was wrongly placed on a "Do Not Pay" list that blocked access to federal grants for services including search-and-rescue and MMIW response▶ 1:19:55▶ 1:20:19.

• White Clay testified the tribe already has designs and contractors in place for the Yellowtail Dam hydropower project and believes a 2030 substantial-completion deadline is achievable▶ 1:00:36▶ 1:01:05.

Metadata

Official titleHearings to examine S.2908, to assist Tribal governments in the management of buffalo and buffalo habitat and the reestablishment of buffalo on Indian land, S.3263, to reaffirm the applicability of the Indian Reorganization Act to the Poarch Band of Creek Indians, S.4000, to reaffirm the applicability of the Indian Reorganization Act to the Lytton Rancheria of California, and S.4442, to amend the Crow Tribe Water Rights Settlement Act of 2010 to make improvements to that Act.
CommitteeSenate Indian Affairs
Chamber / CongressSenate · 118th Congress
DateJune 12, 2024
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript137 caption blocks · 7,819 words · 1:22:12 runtime
EventCongress.gov 335897