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

Public Lands and Energy MarkupsSenate Indian Affairs · 2024-06-12 · 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 at0:21:13

Who spoke

Sen. Lisa Murkowski (R-AK), Vice Chair0:21:13: Described Alaska's Old Harbor and Stevens Village buffalo programs, noting roughly 500 buffalo transported by barge, truck, and helicopter from the Lower 480:21:13; later pressed Assistant Secretary Newland on whether the buffalo bill would cover transport of animals and mobile processing equipment to remote Alaska villages1:04:311:05:16, and asked about BIA's roughly three-year average land-into-trust review timeline1:07:47.

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 questions1:21:36.

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 settlement0:24:55; later questioned Crow Chairman White Clay on how the tribe would deliver clean water without the original pipeline and on the hydropower project deadline0:57:431:00:07.

Sen. Martin Heinrich (D-NM)0:25:57: Noted he co-led designation of the bison as the national mammal0:25:57 and described the bipartisan, bicameral Indian Buffalo Management Act as authorizing a permanent program and dedicated funding for tribal bison management0:27:05.

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 decade0:31:52.

Bryan Newland, Assistant Secretary for Indian Affairs, Interior Department0:32:22: Said Interior supports passage of all four bills0:32:50; the Indian Buffalo Management Act would authorize $14 million annually0:33:18; confirmed the Crow settlement is $402 million, with about 90% appropriated and $40 million in discretionary funds remaining1:09:32; and confirmed BIA land-into-trust reviews take about three years on average1:07:47.

Stephanie Brian, Chair/CEO, Poarch Band of Creek Indians0:37:35: Said the tribe has spent almost $10 million defending its trust lands against "frivolous lawsuits" since the 2009 Supreme Court decision0:40:21, and cited an example where lack of trust land cost the tribe $1 million to expand a Boys and Girls Club0:39:28.

Andy Mejia, Chairperson, Lytton Rancheria of California0:41:47: Supported S.4000 as a technical clarification that does not itself take land into trust0:42:32; 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 20200:43:530:44:20.

Chairman White Clay, Crow Tribe0:45:49: Said engineering bids for the original pipeline intake came back with no bidders and would have cost over $100 billion over roughly 20 years0:47:510:48:13; proposed instead building regional water plants drawing on a BIA-funded aquifer study to serve about 1,680 households0:58:070:59:11.

Ervin Carlson, President, Intertribal Buffalo Council0:50:57: 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 250,0000:51:510:52:24; said the Council has grown to 83 tribes in 22 states with a combined population exceeding one million0:53:440:54:04, and that annual tribal funding requests "far exceed" the $14 million proposed1:12:18.

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 compact1:15:45, which Newland confirmed for the record1:17:34; also raised the separate Crow Revenue Act, needed after closure of the tribe's coal mine eliminated a primary revenue source1:19:22, and requested a hearing on it, suggesting July 101:17:02.

Key moments

Newland testified the Indian Buffalo Management Act would authorize $14 million in annual appropriations for tribal buffalo management0:33:18.

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"0:51:510:52:240:52:49.

Brian said the Poarch Band has spent almost $10 million defending its trust lands from lawsuits, all of which the tribe has won0:40:21.

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 systems0:47:510:48:13.

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 20200:43:530:44:20.

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 million0:53:441:12:18.

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 incurred1:07:471:08:32.

Newland confirmed the Crow settlement totals $402 million, with about 90% already appropriated and $40 million in discretionary funds remaining1:09:32.

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 response1:19:551:20:19.

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 achievable1:00:361:01:05.

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
Date2024-06-12
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript137 caption blocks · 7,819 words · 1:22:12 runtime
EventCongress.gov 335897