Today, the Subcommittee on Indian, Insular and Alaska Native Affairs held a legislative hearing on H.R. 215, the “American Indian Empowerment Act of 2017.” Introduced by Chairman Emeritus Don Young (R-AK), the bill authorizes federally recognized tribes to lease and regulate their own lands and eliminate federal government restrictions that interfere with economic development.

“Today’s hearing is a step in the right direction for getting the federal government out of the way of America’s tribes,” Rep. Young stated. “This legislation gives tribes a critical tool to leverage when determining their futures and planning for responsible resource and infrastructure development of their lands. The ‘mother may I approach’ of the federal government – which has created endless roadblocks and costly bureaucratic hurdles – has often stood in the way of uplifting and empowering our tribes. It must change, which is why I’m committed to exploring new ideas and new legislation that gives tribes the freedom and flexibility they deserve on their lands.”

Acting Assistant Secretary for Indian Affairs at the Department of the Interior (DOI) John Tahsuda testified that Indian tribes in government-to-government meetings have expressed the need “to grant tribes more autonomy and independence over their resources.”

The Department has “heard interest and requests for the Department [of the Interior] to delegate more authority to tribes, allowing them to make their own decisions on their own lands,” Tahsuda stated. “[W]e are interested in accessing additional tools in our toolbox to better empower Indian country.”

A favorite saying at the Indian Land Tenure Foundation (ILTF) goes, “Nothing says sovereignty like asking for the Secretary’s permission!” according to ILTF President Cris Stainbrook. 

“[T]he paternalistic relationship with the federal government is continued and has continued for the past 130 years,” Stainbrook said. “[V]irtually every land activity by Native nations that now requires the lengthy, time consuming Secretarial approval could be shortened by months, if not years. The many commercial development projects which dissolved because of the length of time in gaining approvals could now get down much more expeditiously.”

Vice President of the Navajo Nation Jonathan Nez stressed the need for Indian land to be treated as “Tribal Nation land” rather than federal land, as his tribe has some of the highest rates for both lack of electricity and access to running water. These issues can’t be addressed without additional approval from DOI and other regulatory permits. 

“[O]ur land should be treated as ours and we should be allowed to manage and develop with minimal interference from other governments, whether they be federal, state or local,” Nez stated. “If we embrace this important idea, it can help the Navajo Nation in areas such as housing, utility infrastructure buildout, or economic development by eliminating unnecessary and duplicative bureaucratic reviews.”

“Economic development is an important goal for tribes, and granting them the ability to capitalize on their own resources without federal impediments will go a long way toward improving socioeconomic conditions for a number of tribal nations,” Executive Vice President of Compass Lexecon and Research Affiliate at the Harvard Project on American Indian Economic Development Eric Henson added. 

“[T]he ‘American Indian Empowerment Act’ is an opportunity to expand tribal self-governance by regaining complete control over our tribal land use,” Senior Council Member of the Lummi Nation Henry Cagey said. “That, in my view, is what tribal sovereignty is all about.”

Click here to view full witness testimony.