On the recordFebruary 29, 2000
Senate bill 613 would amend provisions of law requiring certain contracts made with Indian tribes to be approved by the Secretary of the Interior. The current law, commonly referred to as Section 81, was enacted in 1872 in response to concerns that Indian tribes were being taken advantage of by non-Indian attorneys in bringing claims against the United States for treaty violations. Numerous contracts were signed between attorneys and Indian tribes which provided for exorbitant attorneys' fees. For decades, the Bureau of Indian Affairs interpreted Section 81 as applying solely to such tribe-attorney contracts. During the 1980's, several Federal Court cases ruled the Secretary of the Interior was required to approve any contract that was found to be, and I quote, ``relative to Indian lands.'' End of quote. Because of the ambiguity of this phrase, more and more contracts were submitted for Secretarial approval. Today, the Secretary of the Interior is asked to approve contracts for everything from construction of a new building to the purchase of tribal office supplies. The Bureau of Indian Affairs is overwhelmed by these unnecessary requests and the process severely hinders economic development on Indian lands. Madam Speaker, Senate bill 613 would eliminate the current requirement that tribes seek approval for contracts between Indian tribes and attorneys, unless the tribe's constitution requires such approval.
Source
govinfo.gov




