I_AIAStudy_2024A 08/14/2024 10:38:40 AM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGINTERIM COMMITTEE AMERICAN INDIAN AFFAIRS INTERIM STUDY COMMITTEE Date 08/14/2024 Attendance Danielson * Joseph X Roberts X Weinberg X Simpson * Duran X Time 10:38:40 AM to 05:45:43 PM Place Old Supreme Court This Meeting was called to order by Duran This Report was prepared by Jerard Brown Hearing Items Action Taken hCall to Order and Roll Call Committee Discussion Only hPresentation by Department of Law Committee Discussion Only hPresentation by Department of Natural Resources Committee Discussion Only hPresentation by Colorado Commission of Indian Affairs Committee Discussion Only hBreak Committee Discussion Only hPresentation by American Indian Community Stakeholders Committee Discussion Only hPresentation by Ute Mountain Ute Tribe Committee Discussion Only hPresentation by Southern Ute Indian Tribe Committee Discussion Only hPublic Testimony Committee Discussion Only hBill Requests Committee Discussion Only hClosing Remarks and Adjourn Committee Discussion Only Call to Order and Roll Call - Committee Discussion Only Attachment Tag File Name Attachment A https://www.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/09FBE3DE8C71...$File/Attachment A.pdf?OpenElement Attachment A.pdf 10:38:56 AM Majority Leader Duran, Chair, provided an overview of the meeting agenda, which may be found in Attachment A. Presentation by Department of Law - Committee Discussion Only 10:39:59 AM Jefferey Riester, Director of Legislative Affairs and Senior Assistant Attorney General, representing the Department of Law, introduced himself and began his presentation. Mr. Reister explained the Department of Law's relationship with Native American tribes. He discussed past cases the Department of Law worked on that involved various Native American tribes, including the recent opioid settlments and how the state worked to secure additional funds for Native American tribes. 10:46:54 AM Committee members asked Mr. Reister questions. Presentation by Department of Natural Resources - Committee Discussion Only Attachment Tag File Name Attachment B https://www.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/B69513F7E1B5...$File/Attachment B.pdf?OpenElement Attachment B.pdf 10:49:08 AM Stacy Coleman, Assistant Director of Tribal Affairs, representing the Department of Natural Resources (DNR), introduced herself and began her presentation (Attachment B). Ms. Coleman discussed DNR's priorities when engaging with tribes, which includes improving communication between DNR and the various tribal groups; respecting tribal sovereignty; ackowledging past injusticies and historical context; strengthening community relationships; and integrating tribal priorities throughout the DNR's work. 11:11:15 AM Committee members asked Ms. Coleman questions. Presentation by Colorado Commission of Indian Affairs - Committee Discussion Only Attachment Tag File Name Attachment C https://www.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/236FED6A9D05...$File/Attachment C.pdf?OpenElement Attachment C.pdf 11:21:33 AM Kathryn Redhorse, Executive Director, representing the Colorado Commission of Indian Affairs (CCIA), introduced herself and began her presentation (Attachment C). Ms. Redhorse discussed the history and members of the commission, their role in improving government-to-government relations, examples of how the commission engages with tribal communities, and summarized the findings of various reports. Ms. Redhorse stated that the Colorado General Assembly created CCIA in 1976 to serve as an official liaison between the state and Southern Ute Indian Tribe and the Ute Mountain Ute Tribe. She discussed that the CCIA meets quarterly as an opportunity for commissioners to provide updates, make announcements and requests, exchange information, and vote on action items. Ms. Redhorse also discussed how CCIA holds routine events and meetings with tribal communities including a monthly call and an annual day at the State Capitol. Ms. Redhorse discussed state-tribal agreements that CCIA has helped to develop, including the Brunot Hunting Agreement allows for tribes to establish their own hunting season. She discussed how the CCIA also helped the state and tribes in establishing their own Native American Graves Protection and Repatriation Act process. Ms. Redhorse stated that this process is designed to ensure that tribes are consulted when ancestral remains or cultural artefacts are discovered. Ms. Redhorse also discussed the most recent reports CCIA staff have produced, including the Tribal Governments Included in State Programs Report as part of Senate Bill 22-104. Ms. Redhorse stated that the report explored and made recommendations concerning the inclusion of Tribal Governments in State programs. Ms. Redhorse discussed the Federal Indian Boarding Schools in Colorado, 1880-1920 report, which was required by House Bill 22-1327 and directed History Colorado to investigate the lived experiences of students at the one-time federal Native American boarding school in Hesperus, Colorado. Ms. Redhorse also discussed the Tribal Health and Colorado Medicaid Report. Ms. Redhorse stated that the goals of this report was to support the Department of Health Care Policy and Financing, Coloradoâs Tribal Nations, and interested stakeholders by providing a set of recommendations for Health First Colorado that can improve the state of Tribal health and advance Tribal Health priorities. Finally, Ms. Redhorse discussed the Indian Education Needs Assessment, in which the Colorado Department of Education partnered with CCIA to conduct a needs assessment to examine key indicators, multiple groupsâ perspectives, and programmatic challenges. Ms. Redorse stated that the evaluation's goal was to provide a comprehensive analysis of how well the Title VI program meets its goals in Colorado and what changes may be needed to supplement and improve upon efforts to support Indigenous student 11:57:20 AM Committee members asked Ms. Redhorse questions. 12:08:59 PM The committee recessed. Break - Committee Discussion Only 12:09:14 PM The committee resumed. Presentation by American Indian Community Stakeholders - Committee Discussion Only Attachment Tag File Name Attachment D https://www.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/EC092FE84186...$File/Attachment D.pdf?OpenElement Attachment D.pdf Attachment E https://www.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/C289528CD9AF...$File/Attachment E.pdf?OpenElement Attachment E.pdf 12:54:29 PM Raven Payment, Monycka Snowbird, Emma Ragona, and Jennifer Wolf, introduced themselves and began their presentation (Attachment D). Ms. Payment discussed her work with the Missing and Murdered Indigenous Relatives Task Force, a desire for more state engagement with the American Indian community, worsening health outcomes for the American Indian community, and housing. Ms. Snowbird discussed two bill ideas that she would like to see the legislature address. Specifically, she explained that she would like to see fee waivers for fishing and hunting licenses and a bill to prevent the poaching of bisons that travel into Colorado from Utah. Ms. Ragona discussed a desire for additional state department tribal liaisons. Ms. Wolf discussed widening disparities and discrimination Native Americans face in regard to health care services and advocated for a state policy to require cultural competency training for healthcare providers. 01:22:43 PM Committee members asked the panel questions. 01:31:48 PM Rick Waters, Karen Wilde, and Dr. Terri Bissonette introduced themselves and began their presentations. Mr. Waters discussed his work with the Denver Indian Center Inc., which includes addressing housing issues, health disparities, and creating a space for tribal members to gather and create community. Dr. Bissonette discussed the history of school trust lands in Colorado and the impact of boarding schools on the American Indian community. Her presentation may be found in Attachment E. Ms. Wilde presented on changes she would like to see to the Colorado Commission of Indian Affairs, including changing how members are selected, preserving reports that the commission produces, more inclusion of American Indians in urban settings, and a statewide assessment of the needs of the American Indian community. 02:03:43 PM Committee members asked the panel questions. Presentation by Ute Mountain Ute Tribe - Committee Discussion Only 02:08:06 PM Chairman Manuel Heart, representing the Ute Mountain Ute Tribe, presented to the committee. Chairman Heart discussed the health care challenges the Ute Mountain Ute Tribe is facing, ways to improve Colorado and Ute Mountain Ute tribal relations, and water rights for the Tribe. He discussed the need for a traffic light in a specific intersection on the Ute Mountain Ute reservation. Chairman Heart requested a fee waiver for fishing and hunting licenses for members of the Ute Mountain Ute Tribe and funding from the opioid settlement for a treatment facility near the reservation. Chairman Heart also discussed a desire for funds for improving the education system on the reservation, including a system that supports all students in K-12 and language and history preservation. 02:31:44 PM Committee members asked Chairman Heart questions. 02:42:01 PM The committee recessed. Presentation by Southern Ute Indian Tribe - Committee Discussion Only Attachment Tag File Name Attachment F https://www.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/A7BFEB647D76...$File/Attachment F.pdf?OpenElement Attachment F.pdf Attachment G https://www.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/5797745C0EE5...$File/Attachment G.pdf?OpenElement Attachment G.pdf Attachment H https://www.leg.state.co.us/CLICS/CLICS2024A/commsumm.nsf/0/126A8E0C8974...$File/Attachment H.pdf?OpenElement Attachment H.pdf 02:48:19 PM The committee resumed. 02:48:26 PM Chairman Melvin J. Baker, David Smith, and James Washinawatok, all representing the Southern Ute Indian Tribe, and Tom Shipps, representing Maynes, Bradford, Shipps, and Sheftel, introduced themselves and began their presentation. Chairman Baker provided an overview of the presentation, which may be found in Attachment F. Mr. Shipps discussed the complexity of jurisdiction on reservations and how it creates confusion regarding new legislation. He discussed that the Southern Ute Indian Tribe would like a law establishing an express rule of construction applicable to future Colorado laws addressing how such laws relate to the tribe and the reservation. Mr. Shipps explained that this would establish that new laws only cover tribes or reservations when they expressly state that they do so. Mr. Smith discussed the challenges the Southern Ute Indian Tribe face when working with counties on tribal warrants and commitment orders. He explained that the Southern Ute Indian Tribe would request an amendment to statute that guarantees that all state courts give full faith and credit to an arrest warrant or commitment order issued by a tribal court. Mr. Washinawatok provided an overview of the Colorado Indian Child Welfare Act (ICWA) and changes the Southern Ute Indian Tribe would like to see in ICWA, including changes to enrollment and placement preferences and tribal custom adoptions. Mr. Smith continued the presentation by discussing the Southern Ute Indian Tribe's concerns about to the Gaming Compact and sports betting. Additional documents were provided to the committee (Attachments G and H). 03:43:27 PM Committee members asked the panel questions. Public Testimony - Committee Discussion Only 03:51:48 PM The following people provided testimony to the committee on American Indian affairs: - Dr. Terri Bissonette, representing themself; - Ms. Ruby Left Hand Bull Sanchez, representing themself; - Monycka Snowbird, representing Haseya Advocate Program; and - Ernest House Jr, representing themself. 04:25:44 PM The following people provided testimony to the committee on American Indian affairs: - Donna Chrisjohn, representing themself; - Ms. Lucille Echohawk, representing themself; and - Monique Terpstra, representing Western Slope Native American Resource Center. 04:48:40 PM The committee recessed. 05:03:39 PM The committee resumed. Bill Requests - Committee Discussion Only 05:04:14 PM Alana Rosen, representing the Office of Legislative Legal Services, presented on the bill request process. 05:08:19 PM Committee members asked Ms. Rosen questions. 05:08:37 PM Amanda King, representing the Legislative Council Staff, responded to committee questions. 05:12:12 PM The committee discussed potential bill requests that included creating a standing interim committee to address Native American issues, creating a new rule of construction addressing how laws relate to the American Indian tribes and reservations, reclassifying bison in Colorado, cultural competency training for health care providers related to Native Americans, reciprocity of tribal legal authority, and requiring the education of the history of tribal nations in Colorado schools. 05:29:02 PM Motion Draft a bill making the American Indian Affairs Interim Study Committee permanent. Moved Duran Seconded Danielson Danielson Yes Joseph Yes Roberts Yes Weinberg Excused Simpson Yes Duran Yes YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS 05:35:29 PM Motion Draft a bill regarding rules of construction for the federally recognized tribes. Moved Simpson Seconded Danielson Danielson Joseph Roberts Weinberg Excused Simpson Duran YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection 05:36:02 PM Motion Draft a bill classifying bison as "wildlife." Moved Danielson Seconded Duran Danielson Joseph Roberts Weinberg Excused Simpson Duran YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection 05:37:07 PM Motion Draft a bill regarding cultural competency training for healthcare providers. Moved Joseph Seconded Danielson Danielson Joseph Roberts Weinberg Excused Simpson Duran YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection 05:37:34 PM Motion Draft a bill regarding reciprocity of Tribal legal authority. Moved Roberts Seconded Duran Danielson Joseph Roberts Weinberg Excused Simpson Duran YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection 05:38:19 PM Motion Draft a bill requiring a comprehensive history of Tribal nations to be taught in public schools. Moved Danielson Seconded Duran Danielson Joseph Roberts Weinberg Excused Simpson Duran YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection 05:38:20 PM The committee established who will be responsible for each bill during the drafting process. Closing Remarks and Adjourn - Committee Discussion Only 05:41:37 PM Committee members provided closing remarks. 05:45:43 PM The committee adjourned.