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06/96 53-005-00 GBC

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S. HRG. 101-386

IMPLEMENTATION OF AMENDMENTS TO THE

INDIAN SELF-DETERMINATION ACT

HEARING

BEFORE THE

SELECT COMMITTEE ON INDIAN AFFAIRS

UNITED STATES SENATE

ONE HUNDRED FIRST CONGRESS

FIRST SESSION

ON

OVERSIGHT HEARING ON THE IMPLEMENTATION OF AMENDMENTS TO

THE INDIAN SELF-DETERMINATION ACT

JUNE 9, 1989
WASHINGTON, DC

U.S. GOVERNMENT PRINTING OFFICE

24-400

WASHINGTON : 1990

For sale by the Superintendent of Documents, Congressional Sales Office

U.S. Government Printing Office, Washington, DC 20402

SELECT COMMITTEE ON INDIAN AFFAIRS

DANIEL K NOLYE Hawan -TULT

JOHN MOCAIN, Arizona. Va muda DENNIS DECONCINI. Arizona

FRANK E VRKOWSKI, Alaska QU'ENTIX X. BURDICK, North Dakota THAD COCHRAN Mississippi THOMAS A DASCHLE South Dakota SLADE GORIUN Washington KENT CONRAD, North Dakota HARRY REID, Nevada

ALAN R. PARKER, Staff Director

PATRICIA M. ZELL Chief Cours!
ERIC EBERHARD, Minority Staff Director Counsel

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CONTENTS

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12

29

IMPLEMENTATION OF AMENDMENTS TO THE

INDIAN SELF-DETERMINATION ACT

FRIDAY, JUNE 9, 1989

U.S. SENATE,
SELECT COMMITTEE ON INDIAN AFFAIRS,

Washington, DC. The committee met, pursuant to notice, at 9:34 a.m., in room 485, Russell Senate Office Building, Hon. Daniel K. Inouye (chairman of the committee) presiding.

Present: Senators Inouye, Cochran, Reid, Gorton, and Conrad.

Our first panel on the Amendments of the Indian Self-Determination Act consists of the following: The Honorable William Ron Allen, Chairman of the Jamestown Klallam Tribe of Washington; Mr. Lionel John, the Executive Director of the United South and Eastern Tribes of Nashville, TN; Mr. S. Bobo Dean, Esquire, of Hobbs, Strauss, Dean & Wilder of Washington.

STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM HAWAII, CHAIRMAN, SELECT COMMITTEE ON INDIAN AFFAIRS

The CHAIRMAN. Good morning. The committee meets this morning to consider H.R. 881, and its Senate companion bill S. 521, a bill to provide for the restoration of the Federal trust relationship with the Coquille Tribe of Indians in Oregon. The Coquille Tribe was one of many Oregon tribes terminated from Federal recognition in 1954 when the Congress enacted the Western Oregon Termination Act. Today, the tribe is one of only three tribes that have not been restored to Federal recognition. And because tribes whose federally recognized status was terminated by an act of the Congress cannot be restored to federally recognized status through an administrative action, such as the Federal acknowledgment process, Senator Mark Hatfield has asked this committee to consider the House and Senate legislation that would restore the tribe's Federal recognition.

In addition, the committee meets today to examine the process of implementation of the amendments that were enacted in the 100th Congress to the Indian Self-Determination and Education Assistance Act. The panels of witnessess scheduled to present testimony to the committee this morning will address: First, the status of the regulations that would implement the new amendments; second, the status of the self-governance demonstration project; third, the status of the act's requirement that the Federal Government provide liability insurance with a preference extended to Indian insurers; fourth, the Indian priority system, which is a system through

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