[Congressional Record Volume 150, Number 53 (Thursday, April 22, 2004)]
[Extensions of Remarks]
[Page E636]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 INTRODUCTION OF BIA REFORM LEGISLATION

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                            HON. ROB SIMMONS

                             of connecticut

                    in the house of representatives

                        Thursday, April 22, 2004

  Mr. SIMMONS. Mr. Speaker, I rise today on behalf of the entire 
Connecticut House delegation to introduce legislation to provide 
uniform criteria for the administrative acknowledgment and recognition 
of Indian tribes, and for other purposes.
  Today's legislation seeks to codify in statute the seven mandatory 
criteria for the recognition of Indian tribes and to end the 
``revolving door'' exemption that allows former BIA officials to 
represent and lobby on behalf of groups seeking recognition immediately 
after they leave the federal government.
  The Connecticut congressional delegation recently met with Interior 
Secretary Gale Norton. At that meeting, I raised the two issues 
contained in this legislation. With regard to putting the seven 
criteria in statute, Secretary Norton said that she had no ``immediate 
objection to it.'' When asked about ending the ``revolving door'' 
exemption, she responded even more favorably, saying that since coming 
to the Interior Department she had been ``troubled by it.'' Mr. 
Speaker, I am encouraged that we have found common ground with 
Secretary Norton on these two key issues and I'm hopeful that our 
delegation can work with her and the BIA to pass this bill.
  Tribes need to be granted the federal status they deserve and 
accorded their sovereign rights, but the determination to acknowledge 
such tribes cannot and should not be made unless these groups clearly 
meet all seven of the criteria. To ensure these standards are met, my 
legislation would codify each of these seven criteria, ensuring that 
``federal acknowledgement or recognition shall not be granted to an 
Indian tribe unless the Indian tribe has met all of the criteria 
listed.'' This law will provide an equitable process to groups that 
clearly meet all seven tests, while preventing claims from groups that 
fall short of one of these standards. No longer will the BIA be able to 
pick and choose among these criteria to find in favor of a petitioner.
  What's more, Mr. Speaker, my legislation would end the so-called 
``revolving door'' exemption that allows former BIA officials to 
immediately begin representing petitioning groups before their former 
colleagues and employer. When members of Congress or other members of 
the executive branch leave government service for the private sector 
they must refrain from lobbying for one year. It is unfair to have one 
particular agency exempted from this law. Moreover, it is particularly 
troublesome that this agency enjoys such an exemption given the 
significant role that money, gambling, and political influence have 
come to play in recognition decisions.
  Mr. Speaker, I urge all members to support these two much-needed 
reforms to the BIA to make our Indian recognition process more 
transparent and more equitable for all parties involved.

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