CONTENTS Draft Bill, text of.... Statements: Bradley, Bill, director, Wildlife Programs, Yakima Indian Nation.. Harp, Jim, fisheries manager, Quinault Indian Reservation Inouye, Hon. Daniel K., U.S. Senator from Hawaii, chairman, Committee Jones, F.K., director, Fish and Wildlife Resources, Miccosukee Tribe, Page 3 33 45 38 1 58 Wallulatum, Nelson, chief, Wasco Tribe, Confederated Tribes, Warm Wawronowicz, Larry, director, Fish and Game.. White, Gerald, director, Leech Lake Reservation, Division of Resource Kenmille, Lawrence, vice chairman, Confederated Salish and Kootenai Masten, Sue, council member, Yurok Interim Council, Yurok Tribe, California.... Maulson, Thomas, president, Lac du Flambeau Tribe, Wisconsin Meninick, Jerry, chairman, Fish and Wildlife Committee, Yakima Indian Neuman, Robert, representative, White Mountain Apache Tribal Council, 47 32 33 43 36 49 30 51 55 52 40 APPENDIX Prepared statements: Bourland, Gregg J., chairman, Cheyenne River Sioux Tribe (with attachments) Kitka, Julie, president, Alaska Federation of Natives, Anchorage, AK. Pablo, Michael T., chairman, tribal council, Confederated Salish and Kootenai Tribes of the Flathead Nation DRAFT BILL OF THE INDIAN FISH AND WILDLIFE RESOURCE MANAGEMENT ACT OF 1993 TUESDAY, JUNE 15, 1993 U.S. SENATE, SELECT COMMITTEE ON INDIAN AFFAIRS, Washington, DC. The committee met, pursuant to recess, at 9:30 a.m. in room 485, Russell Senate Office Building, Hon. Daniel K. Inouye (chairman of the committee) presiding. Present: Senator Inouye. STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM HAWAII, CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS The CHAIRMAN. Good morning, and welcome to this hearing of the Committee on Indian Affairs. Since time immemorial, native peoples have developed cultures, religious beliefs and customs around their relationship with fish and wildlife resources. These resources continue to provide a base of sustenance, cultural enrichment, and economic support for many tribes. Fish and wildlife resources are among the most valuable tribal natural resources, and are vital to the cultural and spiritual well-being of the Indian people who rely upon them. Today, Indian reservations throughout the United States account for millions of days of Indian and non-Indian hunting, fishing and related outdoor activities annually. Tribal fish and wildlife programs are being conducted on more than 125 reservations in 23 states, which contain almost 2 million acres of lakes and impoundments and more than 10,000 miles of streams and rivers. Almost 100 facilities located on more than 30 Indian reservations are engaged in fish production programs. Salmon and steelhead releases from tribal hatcheries in the Pacific Northwest benefit Indian and non-Indian commercial and sport fisheries in the United States and Canada. Returning spawners help satisfy Indian subsistence and ceremonial needs, and are frequently distributed to the elderly and the poor. Recreational opportunities created by stacking of catchable trout, walleye and other species attracts sport fishermen and help promote the development of tribal economies. Even though the United States has a solemn and historical duty to protect, develop and enhance tribal natural resources pursuant to its fiduciary relationship with our country's Indian tribes, many tribal programs are continually confronted with obstacles in carrying out their responsibilities. The primary obstacle is the lack of (1) organic statutory authority for fish and game programs operated by tribal governments. This lack of statutory authority has prevented tribes from receiving direct funding from many Federal programs, including the Federal Aid in Sport Fish and Wildlife Restoration Act. This act authorizes an excise tax on fishing and hunting supplies and on motor boat fuels. It generates over $400 million annually and provides funding to all 50 States and United States territories for a variety of recreational fisheries and wildlife enhancement projects. And while millions of acres of tribal lands are used to determine the allocation of the $400 million to the States, the act does not allow tribal governments to participate directly in this funding, despite the fact that tribal members contribute significantly to this fund when they purchase taxed fishing and hunting supplies. Although tribal members contribute to this fund and Indian natural resources contribute significantly in meeting the national demand for hunting, fishing and recreational opportunities, tribal governments are not afforded the same benefits provided in the States and territories in operating their programs. Based on these concerns, in August 1992 and January of this year, the committee sponsored meetings with tribal representatives to explore the development of legislation designed to protect, develop and enhance Indian fish and wildlife resources. The committee has sought to confer with the leadership in Indian country to seek their guidance in the development of legislation which would provide greater Federal recognition and support for the efforts of tribal governments to manage fish and wildlife on their reservations and in areas where they share management responsibilities with other governmental management authorities. To achieve the goals expressed by Indian leaders, we have developed this draft legislation in conjunction with tribal organizations, entitled "The Indian Fish and Wildlife Resource Management Act of 1993." This draft measure is designed to create specific statutory authority for Indian fish and wildlife programs that are currently being operated by the tribes under the general authority of the 1921 Snyder Act. This draft bill is further intended to establish standards for performance of the United States trust responsibility in the area of Indian fish and wildlife management. And I want to be very clear that this legislation is not intended to create more Federal bureaucracy. Every program and function authorized in the draft legislation is meant to be contractible by tribal governments under the provisions of the Indian Self-Determination Act. This comprehensive legislation is only in draft form so that we might have the benefit of your comments and recommendations for revisions, additions and changes. Following these two days of hearings, we will refine the bill, incorporating your recommendations, in order to assure that the bill reflects the needs, goals and desires of Indian country, and then the bill will be introduced in the Senate. (FOR DISCUSSION PURPOSES ONLY) 103D CONGRESS 1ST SESSION S. IN THE SENATE OF THE UNITED STATES introduced the following bill; which was read twice and referred to the Committee on A BILL To establish within the Bureau of Indian Affairs a program to improve the management of Indian fish, wildlife, trapping, gathering and outdoor recreation resources, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 4 (a) SHORT TITLE.—This Act may be cited as the 5 "Indian Fish and Wildlife Resource Management Act of 6 1993". |