[Congressional Record Volume 164, Number 64 (Thursday, April 19, 2018)]
[Senate]
[Page S2315]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     TRIBAL LABOR SOVEREIGNTY BILL

  Mr. ALEXANDER. Mr. President, today I would like to express my 
support for S. 140, an act to amend the White Mountain Apache Tribe 
Water Rights Quantification Act of 2010 to clarify the use of amounts 
in the WMAT Settlement Fund.
  The Senate initially passed this legislation on May 8, 2017, by 
unanimous consent. The House of Representatives passed this legislation 
on January 10, 2018, with an amendment. That amendment adds an 
important provision safeguarding the sovereignty of Native American 
tribes.
  This new provision was the Tribal Labor Sovereignty Act, introduced 
by Senator Moran. The Senate Committee on Indian Affairs voted to 
favorably report the Tribal Labor Sovereignty Act by voice vote, with 
only three committee members requesting to be recorded as voting 
against the bill, on February 17, 2017.
  Private sector labor relations in the United States are regulated by 
the National Labor Relations Act, NLRA. Created in 1935, the National 
Labor Relations Board, NLRB, administers the NLRA. The five members of 
the NLRB have 5-year, staggered terms. I am pleased the Senate recently 
confirmed Mr. John Ring, a well-qualified nominee, to a position on the 
NLRB.
  The NLRA seeks to mitigate and eliminate labor-related impediments to 
the free flow of commerce. The law exempts ``the United States or any 
Federal Reserve Bank, or any State or political subdivision thereof . . 
.'' from NLRB jurisdiction. However, the NLRA is silent about the 
application of the law to Native American Tribes.
  In its 1976 Fort Apache Timber Co. case, the NLRB held ``individual 
Indians and Indian tribal governments, at least on reservation lands, 
are generally free from state or even in most instances Federal 
intervention, unless Congress specifically provided to the contrary.''
  However, in a 2004 decision, San Manuel Indian Bingo and Casino, the 
NLRB reversed Fort Apache Timber Co. The NLRB held that the NLRA could 
be applied to commercial activity on tribal lands.
  Under San Manuel Indian Bingo and Casino, the NLRB applies a 
subjective test to determine whether it will assert jurisdiction. If 
the activity is commercial, it asserts jurisdiction; if the NLRB 
determines the activity is a traditional tribal or government function, 
the board does not assert jurisdiction.
  Native American Tribes are sovereign and, as such, should be treated 
the same as State and local governments under the NLRA. S. 140, as 
amended by the House of Representatives, would amend the NLRA to 
include ``any Indian tribe, or any enterprise or institution owned and 
operated by an Indian tribe and located on its Indian lands,'' to the 
list of other exempted entities, such as State and local governments.
  Under the bill, an ``Indian tribe'' would be defined as ``any Indian 
tribe, band, nation, pueblo, or other organized group or community 
which is recognized as eligible for the special programs and services 
provided by the United States to Indians because of their status as 
Indians.''
  I commend Senator Moran for his leadership on Tribal labor 
sovereignty, and I hope the Senate will pass the legislation so it can 
be signed into law.

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