[Congressional Record Volume 161, Number 14 (Wednesday, January 28, 2015)]
[Senate]
[Pages S591-S592]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. BARRASSO (for himself, Mr. Tester, and Ms. Murkowski):
S. 286. A bill to amend the Indian Self-Determination and Education
Assistance Act to provide further self-governance by Indian tribes, and
for other purposes; to the Committee on Indian Affairs.
Mr. BARRASSO. Mr. President, I rise today to introduce legislation
that would further advance the goals of Indian self-governance and
self-determination. The legislation is entitled, the Department of the
Interior Self-Governance Act of 2015. I thank my colleagues who have
joined me as original cosponsors of this legislation, including Indian
Affairs Committee Vice Chairman Senator Tester and Senator Murkowski.
One of the cornerstones of Federal Indian policy is the concept of
tribal self-determination and self-governance. In 1975, Congress passed
the Indian Self-Determination and Education Assistance Act. The Act,
Public Law No. 93-638 authorizes Indian tribes to carry out certain
Federal Indian programs, activities, and functions within the
Department of the Interior and the Department of the Health and Human
Services.
Self-governance is both a policy and procedure whereby, pursuant to
the Indian Self-Determination and Education Assistance Act, Indian
tribes administer Federal programs for Indians. Tribal administration
of these programs promotes local control and decision-making for these
important programs that affect the local tribal community.
Tribal administration through these processes also serves to reduce
Federal bureaucracy. This legislation promotes accountability by
maintaining requirements that Indian tribes must demonstrate a higher
level of responsible governance and administration. Good governance is
vital for continuing this policy.
The act gives authority to the Secretaries of the Interior and Health
and Human Services to enter into 638 contracts and self-governance
compacts with Indian tribes. Each 638 contact or self-governance
compact identifies functions and activities to be carried out by the
tribe, as well as any administrative, reporting, or other requirements
that must be followed.
Despite the increased flexibility in the tribal self-governance
program, Indian tribes have stated to Congress that the Department of
the Interior has, for many years, resisted the efforts by tribes to
carry out Interior programs. Without additional reforms, the success of
the Indian Self-Determination and Education Assistance Act cannot reach
its full potential.
The bill intends to clarify and expand the provisions of the Indian
Self-Determination and Education Assistance Act. This legislation will
give tribes a better opportunity to advance the policy of tribal self-
governance by authorizing the Secretary of the Interior to select up to
50 new Indian tribes to participate in the tribal self-governance
program. In addition, the bill clarifies that provisions of water
settlements and their authorizing legislation will not be affected by
the self-governance amendments. Furthermore, nothing in this will
expand or limit programs eligible for self-governance compacts beyond
those already authorized under current law.
This bipartisan bill is supported by Indian tribes across the
country. I urge my colleagues to support this legislation.
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