In addition, serious conflicts have arisen in many parts of the country following the assertion of legal rights by the Indian tribes, and often these conflicts can only be resolved by the Congress. After all, Congress has not only ultimate responsibility for Federal Indian policy, but also under the law and the Constitution, Congress has plenary authority in this area.

We have made great progress in the Select Committee on Indian Affairs in the past 3 years, and are proud of it. I want to point that out. I want to note for the chairman's benefit that one of the bills that we will be considering this summer is designed to make some sense out of the national involvement in Indian art, culture, history.

Go down to the Smithsonian Institution and search for any type of adequate presentation of Indian art and culture. It abounds but is not represented at the Smithsonian. It is the Native American culture. It abounds in this country, but we have so little of it in the forefront of our thinking that the Smithsonian virtually lacks any type of recognition of it.

I only bring that up, Mr. Chairman, to illustrate that the committee's activity and function is vital, and it is very broad in its service to this country's needs.

Thank you very much.

The CHAIRMAN. Thank you very much indeed.

I do not know what your time frames are, whether you want to stay and go on to the other Senators first.

Senator MELCHER. I will stay for questions, and I would like to submit these letters in support. Perhaps the committee has duplicates.

The CHAIRMAN. They will be submitted, and without objection, included in the record, without duplication.

[The prepared statements of Senator Melcher and Senator Hatfield follow:]

PREPARED STATEMENT OF HON. JOHN MELCHER

Mr. Chairman and Members of the Committee on Rules and Administration, thank you for the opportunity to testify on behalf of S. Res. 448, establishing the Select Committee on Indian Affairs as a permanent committee of the Senate. As you know, in 1977 the Senate adopted Senate Resolution 4, in recognition of the need for a committee with full legislative authority and comprehensive jurisdiction over matters relating to Indian affairs during the 95th Congress. The life of the Select Committee on Indian Affairs was extended through the 96th Congress by the passage of S. Res. 405 on October 14, 1978. Now, twenty-seven Members of the Senate have joined me in cosponsoring a resolution establishing a permanent Indian affairs committee.

The Select Committee on Indian Affairs, which I have the privilege to chair, has served the Congress, the Country, and the Indian people efficiently and effectively for 3 years by providing a focal point for the Senate's work in addressing issues which concern both Indians and non-Indians. During this time it has become increasingly evident that if the Congress is to continue to meet its historical, constitutional, and legal responsibilities in the area of Indian affairs, a permanent Indian affairs committee with adequate expertise and resources should be established in the Senate. It is imperative that Congress have the capacity to resolve in a fair and responsible manner the serious conflicts which continue to arise between Federally connected Indian interests and other public and private interests.

It has been my experience that the Select Committee on Indian Affairs has proved to be an excellent and versatile forum for exploring alternative ways of mediating such conflicts consistent with the legal rights of Indian tribes and the overriding Federal responsibility. In addition, the Committee, through its oversight functions, has continued to seek solutions to the varied problems Indians have

encountered in the administration of Federal trust and social service responsibilities.

As an illustration let me refer to just a few legislative proposals which were considered and reported by the Committee and passed by the Senate thus far in the 96th Congress: (1) legislation settling a long-standing dispute between the Navajo and Hopi Tribes; (2) precedent-setting legislation establishing a Native Hawaiian education program; (3) an extension of the statute of limitations for the filing of claims by the Federal government on behalf of Indian tribes; (4) legislation correcting serious defects in the Tribally Controlled Community Colleges Act; and (5) legislation reauthorizing the Indian Health Care Improvement Act. The Committee has also actively considered and, in most cases, reported bills addressing long overdue needs of individual Indian tribes in such areas as petitions for restoration, transfer of lands to be held in trust for certain tribes and water rights settlement. The Committee has conducted eighteen oversight and investigative hearings and the Committee's attention to its oversight responsibilities has begun to provide a significant opportunity for bringing to light long-dormant problems. Of major importance in the oversight area thus far has been the Committee's documentation of unsound and possibly illegal spending practices by the Indian Health Service. The Committee is currently reviewing a draft report and audit, conducted by Committee staff, which could result not only in the more productive use of funds appropriated for the Indian Health Service, but also in potential savings to the Federal government in the millions of dollars. I believe that this is only the first phase in what must be a continuous oversight effort by the Committee.

The Committee's oversight activities have extended far beyond what would likely be accomplished by a subcommittee. Just during the months of June and July, the Committee has or will conduct oversight hearings on the Indian Judgment Fund Distribution Act, the Tribally Controlled Community Colleges Act, the Indian Child Welfare Act, Indian Housing and Indian Education. In addition, further oversight field hearings on Indian health issues have been scheduled this fall to be chaired by Senator Hatfield. Finally, the Committee is in the midst of considering legislative proposals to improve the machinery for the administration of justice on Indian reservations and legislation establishing an Institute for the Development of Indian Art and Culture.

The attached exhibit, "History, Jurisdiction, and a Summary of Legislative Activities of the United States Senate Select Committee on Indian Affairs during the Ninety-Sixth Congress", discusses more fully some of the Committee's activities. (The exhibit referred to may be found in the files of the Rules Committee.) Since that report was printed at the conclusion of the 1st Session of the 96th Congress, additional hearings were held by the Committee and additional bills have been reported. Currently, a total of thirty-seven measures have been referred to the Select Committee on Indian Affairs. The Committee has reported twenty-two of these measures to the Senate. In addition, the Committee has held fifty-one hearings, eighteen of which were of an oversight nature.

To put the issue of a permanent Indian Affairs Committee in proper perspective, I would like to briefly summarize the historical approach to Indian affairs by the Congress. Under the Legislative Reorganization Act of 1946, the House and Senate Committees on Indian Affairs which has been in existence since the early 1800's were abolished. Legislative and oversight jurisdiction over Indian matters were at that time vested in subcommittees of the Committees on Public Lands in the House and Senate. Although some important legislation affecting Indians was enacted during the next 30 years, this subcommittee arrangement failed to produce a truly adequate forum for legislating appropriate solutions to problems affecting Indian people. Indian legislation could no longer be reported directly to the Senate from a full Indian Affairs Committee, and legislative jurisdiction over Indian affairs was fragmented in a number of committees. In the Congress, there were more than 10 committees responsible for Indian affairs, resulting in a disjointed and haphazard treatment of Indian legislation.

This situation changed dramatically in April of 1977 with the establishment of the Select Committee on Indian Affairs. The Senate's record on Indian affairs during the past three years demonstrates clearly and persuasively that a separate committee on Indian affairs is the most efficient way to approach and resolve problems related to Indian issues. The select committee, comprised of a relatively small number of members with both a serious interest in addressing these matters and experience in Indian affairs, has been able to devote sufficient time to fully consider its legislative responsibilities and to deal fairly with Indian legislation. Mr. Chairman, in testimony before the Senate Committee on Rules and Adminis tration during the hearings on Senate Resolution 4, the need for a separate commit tee on Indian affaris was underscored. Witnesses representing the Indian tribes as

well as several of our colleagues in the Senate pointed out the compelling logic to consolidating rather than fragmenting committee jurisdiction over Indian affairs as had been proposed by the Select Committee on Committees.

This position, presented to the Rules Committee, emphasized the totally unique nature of the Federal government's responsibility in Indian matters, and in my view, possesses even greater validity and merit today. Not only do the range and complexity of Indian issues before the Senate argue for the continuation of a separate committee, but these considerations with equal force lead to the conclusion that none of the standing committees in the Senate can be expected to devote the specialized expertise and interest to this field.

Mr. Chairman, at this point, I would like to refer to the following excerpts from the Rules Committees's Report No. 95-1047, which accompanied S. Res. 405, extending the Committee through the current Congress. In that report the Rules Committee stated, and I am quoting, "The rationale of the Committee on Rules and Administration in recommending the establishment of the Select Committee on Indian Affairs was clear. There is an evident need for a committee whose members could focus full attention on Indian affairs legislation with the assistance of an adequate staff with expertise in that field . . . Although the wisdom of the Senate in establishing the Select Committee on Indian Affairs has been proven, it is also apparent that the date for termination has proven unrealistic, The Select Committee on Indian Affairs has an imposing agenda which cannot realistically be considered during the remaining months of this Congress. The issues remaining before the Select Committee are significant and complex. . . . The Rules Committee is confident, however, that it would be unwise to terminate a proven, working structure for the consideration of American Indian affairs while the basic work contemplated for the Select Committee is in midstream. . . . In summary, the Committee believes that the Select Committee on Indian Affairs is a proven, timely and effective structure for the consideration of Indian affairs matters.

Mr. Chairman, these astute observations made by the Rules Committee two years ago are just as true today as they were at that time. Indian affairs issues continue to be extremely important, requiring expert and expeditious consideration. Beginning next week, the Select Committee on Indian Affairs will begin holding hearings on legislation introduced by Senator Cohen, the Committee's Ranking Minority Member, which is intended to settle a long-standing and extremely complicated land claim made by the Indian tribes in the State of Maine. As the Chairman of the Rules Committee knows, in September of 1978, Congress enacted legislation settling the Narragansett land claim in Rhode Island, based on a settlement agreement developed by the parties to the dispute. The Select Committee on Indian Affairs played a valuable role in this process by insuring, through extensive research, that all parties involved were adequately represented and that the proposed legislation was legally sufficient. In the Maine settlement legislation, as well as in at least four of the outstanding land claims for which the Committee anticipates receiving settlement proposals, the Committee will once again attempt to identify a reasoned and principled legislative approach to settlement, taking into account the interests and responsibilities of all parties.

Mr. Chairman, let me finally say that I firmly believe that S. Res. 448 should be passed as introduced. To amend S. Res. 448 and provide for another temporary extension of the Select Committee on Indian Affairs would raise serious problems in terms of retention of staff and recruitment of Indian staff from Indian country. As the Chairman must know, with no assurance as to the duration of the Committee, hiring of suitable staff becomes increasingly difficult. The Select Committee on Indian Affairs should be able to carry on its work without any question as to its future.

Mr. Chairman, although Indian people comprise only a very small segment of the total U.S. population, this country's responsibility in the field of Indian affairs is great. However, for too many years, this Government's Indian policy has been one of neglect resulting in an incoherent, often confusing and haphazard patchwork of outdated laws, inefficient and stifling bureaucracies and conflicting administrative policies. In addition, serious conflicts have arisen in many parts of the country following the assertion of legal rights by the Indian tribes and often these conflicts can only be resolved by the Congress. After all, Congress has not only ultimate responsibility for Federal Indian policy, but also under the law and the Constitution, Congress has plenary authority in this area.

Significant progress has been made by the Select Committee on Indian Affairs, but our major work has just begun in providing the legislative solutions necessary to laying the foundation of a sound Federal Indian policy. If the responsibility for Indian affairs reverts to a subcommittee, which would occur in the absence of this resolution, the potential for the careful and equitable consideration of Indian issues

will be severely diminished. A separate and permanent Indian affairs committee is simply the most practical way to meet this responsibility. I urge the Rules Committee to support this resolution and act on it as quickly as possible.

PREPARED STATEMENT OF HON. MARK O. HATFIELD, RANKING MINORITY MEMBER OF THE COMMITTEE ON RULES AND ADMINISTRATION AND MEMBER OF THE SELECT COMMITTEE ON INDIAN AFFAIRS

Mr. Chairman and fellow members of the Committee on Rules and Administration:

Let me begin by thanking Senator Melcher for his fine testimony, and for making such a convincing case in favor of the establishment of a permanent Indian Affairs Committee in the Senate. It is an honor for me, as a member of both the Rules Committee and the Select Committee on Indian Affairs, to be a co-sponsor of Senate Resolution 448.

As Senator Melcher and Chairman Pell are well aware, my involvement in Indian Affairs in the Senate goes back to the days when Indian concerns were dealt with by a subcommittee of the old Committee on Interior and Insular Affairs. Among the most significant pieces of legislation we considered and acted favorably upon in the 93rd Congress was a bill creating the American Indian Policy Review Commission. I was privileged to have been one of the three Senate Representatives to serve on the eleven-member Commission.

It is very relevant to point out that one of the most important recommendations made by the Commission was that permanent committees be established in both the Senate and the House of Representatives. These Committees were to have full legislative authority and comprehensive jurisdiction over matters relating to Indian Affairs. The result in the Senate was, of course, the creation of the Select Committee on Indian Affairs in 1977, and its subsequent extension in the 96th Congress. With over three years of experience from which to analyze the effectiveness of a separate forum on Indian Affairs, there is no doubt that the merits of a distinct Committee are entirely evident.

Chairman Melcher has outlined the wide variety and complexity of the issues which have come before the Select Committee. It should be obvious that they are not simply public land or human resource issues. The unique body of law which is the basis for Federal Indian policy requires that the legislative concerns of our native American community be dealt with by a separate committee of the Senate. Let me conclude by saying that I am convinced that the needs of the Senate and, more importantly, the needs of the American Indian can best be served by our favorable action on Senate Resolution 448. I encourage my collegues on the Rules Committee to give it their careful consideration and active support.

The CHAIRMAN. Perhaps Senator Inouye is under time pressure and would like to present his testimony now.

STATEMENT OF HON. DANIEL K. INOUYE, MEMBER OF THE SELECT COMMITTEE ON INDIAN AFFAIRS

Senator INOUYE. Mr. Chairman, I appreciate this opportunity to speak in favor of Senate Resolution 448.

As you are aware, I am a newcomer in the field of Indian affairs. But like all of us, I have been long aware of the complexity and the compelling nature of the issues involved, and am vividly cognizant of the unique Federal obligations extended to this Nation's native American citizens.

I have also long been aware that these obligations have not often been sufficiently recognized and adequately addressed by our Government and leaders. Through my work on behalf of the native Hawaiian people whose interests I have the privilege of representing in Congress, and my involvement with matters impacting American Indians and Alaskan Natives, I have become convinced that creation of a permanent Indian Affairs Committee is highly appropriate. It is, further, of the utmost importance if the special rights and interests of this unique minority are to be protected and our Federal responsibilities are to be upheld.

Candidly, Mr. Chairman, the history of this country's treatment of its native American populations has too often been reprehensible.

Few in this Nation have suffered greater indignity and injustice than have the American Indians. Deprived of their ancestral lands, their numbers depleted by disease, warfare, and in some cases, what would appear to be outright genocide, their governmental, social and cultural structures broken up and depleted, native Americans have a sad legacy from their dealings with the Government of the United States.

Today, native Americans in general remain poor, uneducated and unhealthy and are at the bottom of almost every socioeconomic statistical indicator. The moral arguments alone would justify passage of this legislation.

However, the United States, through constitutional treaty and legislative authority has a well founded legal responsibility to protect and uphold the rights and interests of native Americans. U.S. native American policy, which has ranged from efforts to support and pacify Indians by keeping them on reservations, to forced cultural and social assimilation with nonnative America—from legislative termination of treaty rights to outright neglect, does not speak well for our record as legal trustees. Let us not compound this sad history by relegating our first Americans to a position of no importance.

Mr. Chairman, I have further comments to make, but may I request that the remainder of my statement be made part of the record.

The CHAIRMAN. Without objection, that will be done. And, also, I would ask that without objection a statement by Senator Hatfield, who had to be in Oregon for the funeral of a friend, be inserted in the record immediately following the statement of Senator Melcher.

[The prepared statement of Senator Inouye follows:]

PREPARED STATEMENT OF HON. DANIEL K. INOUYE

Mr. Chairman, I appreciate the opportunity to testify in favor of Senate Resolution 448, a measure introduced by Senator Melcher. I was proud to cosponsor this legislation which seeks to establish the Senate Select Committee on Indian Affairs as a permanent committee of the Senate. Though I am a relative newcomer in the field of Indian affairs, having only begun my service on the Select Committee this Congress, I have long been aware of the complexities and the compelling nature of the issues involved and am vividly cognizant of the unique Federal obligations extended to this Nation's native American citizens.

I have also long been aware that these obligations have not often been sufficiently recognized and adequately addressed by our Government and leaders. Through my work on behalf of the native Hawaiian people whose interests I have the privilege of representing in Congress, and my involvement with matters impacting American Indians and Alaskan Natives, I have become convinced that creation of a permanent Indian affairs committee is highly appropriate. It is, further, of the utmost importance if the special rights and interests of this unique minority are to be protected and our Federal responsibilities are to be upheld.

Candidly, Mr. Chairman, the history of this Country's treatment of its native American populations has too often been reprehensible.

Few in this Nation have suffered greater indignity and injustice than have the American Indians. Deprived of their ancestral lands, their numbers depleted by disease, warfare, and in some cases, what would appear to be outright genocide, their governmental, social and cultural structures broken up and depleted, native Americans have a sad legacy from their dealings with the Government of the United States.