Amending the White Mountain Apache Tribe Water Rights Quantification Act of 2010

Floor Speech

Date: April 16, 2018
Location: Washington, DC

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Mr. BARRASSO. Mr. President, I come to the floor as a former chairman of the Indian Affairs Committee of the Senate to talk about the issue of the Tribal Labor Sovereignty Act--the package before us today to be discussed and voted on within the next hour.

I know we are going to be hearing from the current chairman, Senator Hoeven. We are going to be hearing from Senator Moran, Senator Flake, and others. I would like to associate my remarks with those I know they will make, specifically, those of the chairman and my other colleagues, and emphasize the need to recognize and respect Tribal sovereignty.

As Senator Moran will explain shortly, this legislation seeks to fix the National Labor Relations Board's 2004 decision to treat Tribal government employers and tribally owned businesses as private entities, not as sovereign governments.

They are sovereign governments.

The National Labor Relations Board's decision, I think, is the wrong decision. It increased uncertainty for Tribes, as Tribes suddenly faced regulation from a body that failed to recognize their government-to- government relationship. I think it was a complete mistake by the National Labor Relations Board, which is why I am proudly here to support the legislation we are discussing here today.

Suddenly, as a result of this ruling, these Tribal businesses became commercial entities. These businesses provide critical services on Tribal lands and in their communities. I believe the National Labor Relations Board's decision--and the litigation that inevitably followed--has only increased uncertainty in Indian Country and is in direct opposition to the entire notion of Tribal sovereignty.

Indian Tribes have a right to sovereignty. We must work to ensure there is true parity between governments. We must actively respect the government-to-government relationship.

Over the last many years, Congress has worked to address policies that have been detrimental to Tribes, including those affecting Tribal sovereignty. That is why we are here today to vote on this important piece of legislation. Tribal sovereignty allows Tribes to govern themselves, to regulate Tribal businesses, and to provide essential services for Tribal members.

As we consider this package before us today, I want to commend Chairman Hoeven, Vice Chairman Udall, and others for working together to move this important legislation through the Senate.

This package is no different. Senator McCain and Senator Flake have worked for many years to resolve the White Mountain Apache water settlement issues. I see Senator Flake is here to discuss those issues. Senator Heinrich and Senator Udall recognize the need for greater certainty in land management through the Santa Clara long-term lease. Senator Moran has been a great leader on this issue. That is why I am proud to be standing with him today.

I would urge all of my colleagues to join Chairman Hoeven, Senator Moran, and our committee in providing the parity for Tribal governments as they govern their future.

Thank you, Mr. President.

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