the gentleman from Oklahoma [Mr. Istook] has raised an important issue, and I think we have had a good discussion on the floor today. The Indian tribes, under the treaties and agreements that they have with the United States, have been given the right of self-government within their own territory. Each tribe has a somewhat different arrangement, but in a very significant way the Istook amendment turns this on its head. Under the guise of tax fairness, the Istook amendment would give State and local governments the ability to restrict placement of land in trust status for tribes, but the reality of this provision is that it precludes any economic development Indian tribes would want to pursue on these lands unless it is approved by State and local governments. This flies in the face of every agreement, every commitment we have made with tribal leaders. Each of these treaties is a little bit like the enabling acts that brought our States into the union. They are the basic governing law, and we should not with this amendment on an appropriation bill make such a fundamental change to those enabling acts or to those treaties. Another point that needs to be made is that under the Istook amendment there is no requirement or assumption that States and local governments have to negotiate in good faith. In other words, simply stated, the States have a veto power over the Indian tribes' future.
On the recordJune 20, 1996
Source
govinfo.govEditor's note · Context
Discussing the implications of the Istook amendment on Indian tribes' self-governance.
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