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I_AIAStudy_2024A 08/14/2024 10:38:40 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
INTERIM 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
Call to Order and Roll Call Committee Discussion Only
Presentation by Department of Law Committee Discussion Only
Presentation by Department of Natural Resources Committee Discussion Only
Presentation by Colorado Commission of Indian Affairs Committee Discussion Only
Break Committee Discussion Only
Presentation by American Indian Community Stakeholders Committee Discussion Only
Presentation by Ute Mountain Ute Tribe Committee Discussion Only
Presentation by Southern Ute Indian Tribe Committee Discussion Only
Public Testimony Committee Discussion Only
Bill Requests Committee Discussion Only
Closing Remarks and Adjourn Committee Discussion Only

Call to Order and Roll Call - Committee Discussion Only


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


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


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, Colorado’s 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 groups’ 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


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

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.