[Congressional Record Volume 154, Number 43 (Thursday, March 13, 2008)]
[Extensions of Remarks]
[Pages E383-E384]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF THE CONSULTATION AND COORDINATION WITH INDIAN TRIBAL 
                            GOVERNMENTS ACT

                                 ______
                                 

                         HON. NICK J. RAHALL II

                            of west virginia

                    in the house of representatives

                        Thursday, March 13, 2008

  Mr. RAHALL. Madam Speaker. Today I am introducing the ``Consultation 
and Coordination with Indian Tribal Governments Act.''
  Normally, I would be pleased to offer a bill that strengthens the 
government-to-government relationship between the United States and 
Indian tribes. But today, I am disappointed that such legislation is 
necessary.
  It is undisputed that the United States has a legal and political 
relationship with Indian tribes and Alaska Natives. As such, when the 
Federal government interacts with Indian tribes, it does so on a 
government-to-government basis. This, combined with the history of 
treatment of Indian tribes by the United States, imposes a moral 
obligation on the United

[[Page E384]]

States to consult with Indian tribes before enacting policies that have 
a direct effect on them.
  The history of Federal-Tribal relations has shown that consultation 
with Indian tribes works. The Federal Indian policies that have failed 
have been those that were developed without tribal input or are 
contrary to tribal input. On the other hand, the Federal Indian policy 
that has succeeded is that which allows Indian tribes the most input 
and control over their own affairs--tribal self-governance and self-
determination. Indian tribes know what is best for themselves and for 
their members.
  So it is disappointing that over 30 years after passage of the Indian 
Self-Determination and Education Assistance Act that this 
Administration refuses to engage in timely and meaningful consultation 
with Indian tribes.
  Despite the political and moral obligation, as well as Presidential 
Executive Order 13175 requiring the administration to consult with 
Indian tribes, this administration has flagrantly ignored this 
responsibility. Instead, the administration takes actions that often 
have serious and negative consequences on Indian country, without any 
consultation at all. The House Committee on Natural Resources hears 
from Indian tribes on a continuous basis about the lack of government-
to-government consultation between the administration and Indian 
tribes.
  This bill will require the Department of the Interior, the Indian 
Health Service, and the National Indian Gaming Commission to enter into 
a true consultation process with Indian tribes and Alaska Natives 
before new policies or actions are taken, which will directly affect 
them.
  This bill will mandate that Federal Indian policy is formulated only 
with input from Indian country while respecting Indian tribal self-
government, sovereignty, and with honor for treaties signed long ago.
  This bill will ensure that the United States will not repeat the 
mistaken policies of the past where the Great White Father makes 
decisions and policies in a vacuum.
  This bill will make sure that the United States as a government sits 
at the table with Indian tribal governments when decisions are to be 
made affecting the lives of our First Americans.
  I urge my colleagues to support this important legislation.

                          ____________________