BIA to consult more with tribes
on decisions

By Diné Bureau

WASHINGTON — Navajo Nation President Joe Shirley Jr. testified last week in support of a House bill that the tribe says strengthens federal government accountability in consultation with tribes.

The House of Representatives Committee on Natural Resources received testimony last week on H.R. 5608, the Consultation and Coordination with Indian Tribal Governments Act. The bill was introduced last month by Committee Chairman Nick Rahall, II, D-WV-3.

“Chairman Rahall, your legislation would be a welcome change to what has become the standard Washington refrain,” Shirley said before the House Committee. “The legislation would recognize the relationship between the federal government and Native Nations as one of government-to-government, that we as tribal governments have a right to sovereignty, and a right to self-determination.”

Shirley was one of three tribal leaders who testified in support of Congress’ initiative to require more input, consultation, and meeting with tribes. Also testifying in support were Buford Rolin, chairman of the Poarch Band of Creek Indians, and Gerald Danforth, chairman of the Oneida Nation of Wisconsin.

According to the Navajo Nation Washington Office, a portion of the bill’s language recognizes that the United States has a unique legal and political relationship with Indian tribal governments as “set forth in the Constitution of the United States, statutes, executive orders, and court decisions.”

If passed, the law would apply to three main federal agencies, and require that tribal officials have “ample opportunity” to give input and recommendations in budget formulations, amendments, implementation, and changing policies, according to the NNWO.

“One need only to look to the BIA Tribal Budgetary Advisory Council to see the ineffectiveness of tribal consultation,” said Shirley, referring to annual budget meetings held by the federal government.

“The worst of all situations is when tribal delegations are convened to inform us of a decision already made, just so that the agency can check off its tribal consultation box,” he said.

“Several times each year tribal leaders gather around the country to discuss their budgetary needs and priorities with BIA officials,” Shirley told the House Committee. “This process culminates each year with a meeting in a Washington area conference facility where tribal leaders come in to ask the BIA for help to protect our resources, our culture, our existence.”

As Rahall convened the hearing he affirmed his support to tribes having more say so in federal government actions.
“My bill simply requires that federal agencies establish a consultation process that is to be used prior to taking an action that would have a direct effect on Indian tribes,” he said.

Witnesses for the federal government included Assistant Deputy Interior Secretary James Cason, National Indian Gaming Commission Chairman Phil Hogan, and Indian Health Service Director John McSwain, all who testified in opposition to the bill.

“Now, I expect we will hear opposition to this bill from the administration,” Rahall said adding that the administration would cite cost, finding the bill unworkable and unnecessary.

The next step for the proposed bill will be a mark up and then a floor vote.