October 2024: Native American Legislative Update

The November election is almost here! This election will bring new members of Congress to the Hill, along with a new administration in the White House in January 2025.

The period after the election and before the new Congress takes their seats is often referred to as the lame duck period. It is difficult to discern which legislation may make it out of the flurry of activity that follows elections. This month, we are highlighting bills and actions that impact Native communities and may move in the lame duck:

Bridging Agency Data Gaps and Ensuring Safety (BADGES) for Native Communities Act (S. 465)

This bill would revise federal reporting and information sharing procedures to allow tribes to better investigate and coordinate missing persons' cases. It would also improve tools for recruitment and retention of Bureau of Indian Affairs law enforcement officers. This would give tribal communities the resources they need to help address the Missing and Murdered Indigenous People crisis.

On September 25, the Senate Committee on Indian Affairs marked up and ordered the bill to be sent to the full Senate. The bill can now be placed on the Senate calendar for a floor vote. Unfortunately, more progress is needed on the House version of the bill (H.R. 1292) for it to become law.

Appropriations Wins for Native Communities

Several of the House-passed FY 2025 appropriations bills have included major wins for Indian Country.

In the Interior, Environment, and Related Agencies bill (H.R. 8998), the House funded certain costs to fairly compensate tribal health providers.

The Commerce, Justice, and Science bill (H.R. 9026) maintains funding for grants to help Native communities improve their law enforcement equipment and hire more tribal police.

Unfortunately, the five FY 2025 appropriations bills that have passed the House were adopted largely on party-line votes. This means that they are unlikely to be approved by the Senate.

Unless both parties can find a solution on key funding differences, Congress may have to agree on another continuing resolution that maintains current funding levels. Or they may pass a massive omnibus package that funds the entire federal government. While these bills do keep the government open, they often represent a missed opportunity for improving the efficacy of federal spending.

Wounded Knee Medals of Honor

This July, Secretary of Defense Lloyd Austin ordered a Special Review Panel (SRP) to determine whether to rescind the Medals of Honor awarded to U.S. soldiers for their actions during the 1890 Wounded Knee Massacre.

Austin's recommendation was spurred by then-Representative Deb Haaland's 2019 Remove the Stain Act and a Congressional recommendation for review included in the 2022 National Defense Authorization Act. During the massacre, U.S. Army soldiers killed approximately 300 (overwhelmingly unarmed) Lakota men, women, and children.

The panel's report, which contains a retain or rescind recommendation for each medal awarded, was due on October 15. It's not yet clear when or if the final report will be made public. It is unclear when or if the final report will be made public.

Tribal Water Rights Settlements

Congress may also pass multiple major water rights settlements by the end of the year. Tribal, local, and state governments often compete for limited water resources, especially in areas where water is scarce or comes from a single source. These settlements aim to resolve inter-governmental disputes, while promoting sustainable water access for tribal communities and reaffirming tribal sovereignty.

We may see settlements impacting the Fort Belknap Indian Community, Tule River Tribe, and multiple pueblos along the Rio San José and Rio Jemez.

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