The Senator is correct. Under current law, an Indian tribal government must show that a State has failed to properly administer the program before the Secretary can enter into a contract with a tribal government. Apparently this has never been done. Even if it had been done, we question the soundness of a policy which requires an Indian tribal government to prove that a State has failed at something before the tribal government has an opportunity to administer the program. However, we do believe some caution is required in this situation. We lack reliable information on the administrative costs involved. We need to carefully assess the issue of how penalties for excessive error rates would apply. We need to consider the criteria, if any, which the Secretary should use to determine capability to administer the program. These are a few of the issues which the Committee on Agriculture would like to examine. However, I want to assure the chairman of the Committee on Indian Affairs that the Committee on Agriculture fully intends to examine this issue as part of the 1995 farm bill and to do so mindful of Federal policies of self-determination and self-governance by Indian Affairs as we consider this issue and any legislation which may arise to address it.
Editor's note · Context
Discussing the relationship between Indian tribal governments and state administration of programs.
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