The House is scheduled to consider H.J.Res. 40 on Tuesday, June 2, 2009, under suspension of the rules, requiring a two-thirds majority vote for passage. H.J.Res. 40 was introduced on March 13, 2009, by Rep. Joe Baca (D-CA) and referred to the Committee on Natural Resources, which took no official action.

H.J.Res. 40 would express the sense that Congress encourages the people of the U.S., as well as federal, State, and local governments to honor Native Americans with activities relating to:

• "Appropriate programs, ceremonies, and activities to observe Native American Heritage Day;
• "The historical status of Native American tribal governments as well as the present day status of Native Americans;
• "The cultures, traditions, and languages of Native Americans; and
• "The rich Native American cultural legacy that all Americans enjoy today."

According to the resolution's findings, Native Americans should be recognized for their contributions to the United States as local and national leaders, artists, athletes, and scholars. The resolution notes that Native Americans have served in every major war since the American Revolution and that Native American local governments have established the same fundamental principles of freedom as the U.S. Constitution. The resolution also states that the Friday immediately succeeding Thanksgiving Day of each year would be an appropriate day to designate as Native American Heritage Day.