Issue Position: Native Americans

As an enrolled member of the Chickasaw Nation and the only Native American currently serving in the House of Representatives, I am committed to serving the Native Americans living in Oklahoma and across the United States. I am very proud of my heritage and the tremendous accomplishments of the Native American Community in Oklahoma and across our country.

Native Americans are aggressively working toward better health care and I am committed to making sure they have the tools and resources to continue these efforts. Through numerous treaties, as well as legislation, the United States has promised to provide this care and I will work to make sure these promises are kept. I also will work for increased business opportunities in Indian country to grow their communities and increase tribal economic development.

The U.S. Constitution and federal government recognize that American Indian tribes are sovereign entities. They have their own government and rights that should be honored and respected. Native American Indian tribes have a unique relationship with state governments, as well as the federal government. Because this is the case, it is vital that the federal government consult with Native American tribes before making laws that will directly impact tribes, just as they would for state and local governments.

Each year, I work with my colleagues to extend the Former Indian Lands Tax Credit {IRC Section 168(j)} and the Indian Employment Tax Credit {IRC Section 45A}. The provisions will provide tax incentives for businesses that locate or expand on former Indian lands and provide a tax credit for businesses that hire Native Americans and their spouses. Without an extension, both of these provisions will expire at the end of the year. These provisions are critical for Oklahoma's business and Native American community.

Indian Trust

On December 7, 2009, after 14 years of continuous litigation, the Department of Interior reached an agreement with the claimants that provided settlement for the federal government's mismanagement of tribal trust lands in the Cobell vs. Salazar case. A fund totaling $1.4 billion will be distributed to class members to compensate them for their historical accounting claims, and to resolve potential claims. In addition, the settlement establishes a $2 billion fund for the voluntary buy-back and consolidation of fractionated land interests. Funds from this account would also be made available for Indian Education Scholarships. Though this compensation should probably be much larger to correct for a century of trust land mismanagement, this compromise settlement is historic for many in Indian Country. Though this agreement is not perfect, I will do all I can to ensure that it is approved by Congress in a timely fashion.

Land into Trust

On February 24, 2009, the U.S. Supreme Court ruled in Carcieri v. Salazar that Tribes not under federal jurisdiction (meaning not a federally recognized tribe) as of 1934 cannot follow land-into-trust process authorized by the Indian Reorganization Act. This standard, if applied to tribes throughout the United States, could put billions of dollars of investments at risk or even halt tribal economic development altogether. It could also spark a firestorm of litigation between state and local governments and tribal governments. The goal of the Indian Reorganization Act was to encourage tribal sovereignty and self- governance in order to build sustainable self-governing tribal communities, not to prevent individual tribes from increasing their business opportunities. I have introduced a bill to reverse this decision so that tribal governments are able to engage in development without fear of needless litigation.

Self-Governance

Pursuant to treaties, statutes, and the special relationship of sovereign Indian tribes with the United States, the federal government has a responsibility for ensuring the provision of certain services and resources to Native Americans. Self-governance allows tribes to effectively step into the shoes of the federal government and carry out the various federal programs, services, and functions in a manner that best works for the tribes and their members. Formalized in the late 1980s, an experiment called the Tribal Self-Governance Demonstration Project has grown into a flourishing model for government-to-government relations between Indian tribes and the federal government. As a member of Congress, I will work to enhance and expand this program, which will allow tribal programs to be administered more efficiently and effectively.

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