Congress has plenary power, in terms of its relations with the Indian tribes. So, I do not have any constitutional concerns.

That is what we are trying to do with this thing.

The Constitution clearly says in the Indian Commerce Clause that Congress has the authority over Indian affairs.

I appreciate you wanting to explain here. I do not have much time.

But if you allow the decision to be made in the Department of the Interior, all of a sudden you do what happens in the 2002 report: it becomes a very politicized process there.

It is time for a paradigm shift, and it is time to actually have the agencies working with Congress, not opposed to Congress.

It may be cumbersome, it may be uncomfortable, but it is congressional responsibility.

I actually have some of the Utah Native Americans that are in my office that I need to meet with.

I don't care what the game I have to play is, I just want to know what the ball looks like.

I suggest, respectfully, that we ought to really look at the big picture if we truly want to help the American Indians-- or just talk about it.

I cannot find the reference to which you say you have that power in there.

I appreciate the concept. You have memos. They are not the same thing as statute.

What I am trying to do here is find out a way.

The transparency is when it comes here in a political process, where we do things in an open committee meeting.

These guys have all given you examples of how the present system with the Department of the Interior has not been transparent, has been politicized.

I would like to actually listen to the Native Americans themselves, get some testimony toward that.

Since it appears the political branch understands recognition is a political matter, would you agree that it is more constitutionally proper for that recognition decision to be made in Congress?

One of the reasons why I would like this in statute is so we know exactly what the game is, what the ball looks like, and it is listed in statute.