CONGRESSIONAL RECORD -- SENATE

November 12, 1969

Page 33836

S. 3135 -- INTRODUCTION OF A BILL TO MAKE AVAILABLE CERTAIN ORGANIZED TRIBES, BANDS OR GROUPS OF INDIANS RESIDING ON INDIAN RESERVATIONS ESTABLISHED UNDER STATE LAW CERTAIN BENEFITS, CARE, OR ASSISTANCE FOR WHICH FEDERALLY RECOGNIZED INDIAN TRIBES QUALIFY AS RECIPIENTS

Mr. MUSKIE. Mr. President, today I am introducing legislation to extend Federal benefits to Indian tribes and certain organized bands or groups of Indians residing on Indian reservations established under State law. The benefits include care or assistance for which federally recognized Indian tribes qualify as recipients.

Because the eastern seaboard States existed prior to the formation of a Federal Government, lands in these States reserved to the Indians were not ceded to the Federal Government to become part of Federal responsibility.

Thus, for years American Indians residing on State reservations have been denied the benefits of many Federal programs because these tribes are not "federally recognized tribes" within the definition of the Federal Bureau of Indian Affairs. I have been aware of this discrimination, and at appropriate times have introduced legislation which specifically included State Indian reservations in particular Federal programs. For instance, the Public Works and Economic Development Act of 1965 -- Public Law 89-136 -- contains explicit language designating State Indian reservations as eligible for assistance under the act.

There are over 100 acts of Congress, rules and regulations authorizing aid and assistance to American Indians. Some of these acts confer on the Secretary of the Interior control over Indian property. Consequently not all of these acts, rules, and regulations would be beneficial to State reservation Indians. The purpose of my bill is to qualify State reservation Indians, at their option, to participate in Federal Indian aid programs. This approach will insure full independence of the State reservation tribes.

I would like particularly to call to the attention of my colleagues the fact that in Maine we have three State Indian reservations -- the Penobscot Reservation on Indian Island in Penobscot County, and two Passamaquoddy Reservations in Washington County. A total of 1,200 Indians reside on the three reservations under the guardianship of the State. Yet these 1,200 Indians are excluded from participating in a great many Federal programs because of restrictions limiting the programs to Federal Indian tribes. For example, the Omnibus Crime Control and Safe Streets Act of 1968 -- Public Law 90-351-- was amended to allow Indian tribes to benefit from its programs, along with other "units of general local government." The definition of these units includes "an Indian tribe which performs law-enforcement functions as determined by the Secretary of the Interior." The Maine Law Enforcement Planning and Assistance Agency has indicated that this provision, with its requirement that the Secretary of the Interior determine tribal law-enforcement functions, excludes State Indians from its coverage. This is only one of many examples where State reservation Indians cannot avail themselves of beneficial Federal programs.

Eight States -- Connecticut, Maine, New York, Pennsylvania, Rhode Island, South Carolina, Texas, and Virginia -- have a total of 27,311 Indians residing on non-Federal reservations. There are approximately 15,000 Indians living in New York State. Out of this number, about 10,000 reside on nine State reservations.

The numbers involved here are small, but the needs of these State reservation Indians are urgent and unmet. Like their brothers on Federal reservations, our State Indians have too often had policy imposed from without. They have been encouraged to sever their tribal and cultural ties.

They have faced harassment, hostility, and discrimination in the world outside the reservation. Within the reservation they have faced despair and deterioration of the culture they hold dear and which gives them distinction as Americans.

Our American Indians want what so many of us have and take for granted -- adequate and relevant education, job opportunities, health care, and decent housing. They want dignity. They want to be judged as individuals in their own right, and they want to maintain and nurture their uniqueness.

The choices most of us make in life, such as what career to enter, where and how to live, are not always easy to implement, but we take for granted our right to make these decisions from a broad range of alternatives. We make such choices, confident that our happiness and success are limited only by our abilities, our training and our ambition.

The bill which I introduce today will provide a new approach toward filling the needs of a unique group of Americans. It will give State reservation Indians the right to decide, the opportunity to choose, to participate in Federal Indian programs.

I ask unanimous consent that the text of the bill be printed in the RECORD at this point.

The PRESIDING OFFICER. The bill will be received and appropriately referred; and, without objection, the bill will be printed in the RECORD.

The bill (S. 3135) to make available to certain organized tribes, bands or groups of Indians residing on Indian reservations established under State law certain benefits, care, or assistance for which federally recognized Indian tribes qualify as recipients, introduced by Mr. MUSKIE, was received, read twice by its title, referred to the Committee on Interior and Insular Affairs, and ordered to be printed in the RECORD, as follows:

S. 3135

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the administration of all Federal programs and laws providing benefits, care, or assistance, financial or otherwise, to Indian tribes or members thereof, any organized tribe, band or group of American Indians a majority of the members of which reside on an Indian reservation established under the laws of a State, but which has not heretofore been recognized as an Indian tribe for purposes of such programs or laws, shall, in its discretion, be entitled to receive such benefits, care, and assistance for which Federally recognized Indian tribes or members thereof qualify as recipients.