4. IN 2/11:S.HRG. 105-814 S. HRG. 105-814 INDIAN TRIBAL CONFLICT RESOLUTION AND TORT HEARING BEFORE THE COMMITTEE ON INDIAN AFFAIRS ONE HUNDRED FIFTH CONGRESS SECOND SESSION ON S. 2097 TO ENCOURAGE AND FACILITATE THE RESOLUTION OF CONFLICTS Superintendent of Documents, Congressional Sales Office, Washington, DC 20402 CONTENTS S. 2097, text of Statements: Allen, W. Ron, President, National Congress of American Indians Campbell, Hon. Ben Nighthorse, U.S. Senator from Colorado, chairman, Canby, William C., Jr., U.S. Circuit Judge, U.S. Court of Appeals for Columbus, R. Timothy, Counsel to the National Association of Conven- ience stores, and the Society of Independent Gasoline Marketers of Deloria, Philip S., Director of the American Indian Law Center, Albu- Fagan, Renny, Executive Director, Colorado Department of Revenue, Page 3 51 50 55 48 53 Gover, Kevin, Assistant Secretary For Indian Affairs, Department of the Barnes, Charles R., Acting Director, Federal Mediation and Conciliation Tull, Claire E., National Program Administrator, Program for Sovereign 311 Wellstone, Hon. Paul, U.S. Senator from Minnesota 59 31150-210 INDIAN TRIBAL CONFLICT RESOLUTION AND TORT CLAIMS AND RISK MANAGEMENT ACT OF 1998 WEDNESDAY, JULY 15, 1998 COMMITTEE ON INDIAN AFFAIRS, U.S. SENATE, Washington, DC. The committee met, pursuant to other business, at 10:05 a.m. in room G-50 Dirksen Senate Office Building, Hon. Ben Nighthorse Campbell (chairman of the committee) presiding. Present: Senators Campbell, Gorton, Burns, Inouye, Reid, and Akaka. STATEMENT OF HON. BEN NIGHTHORSE CAMPBELL, U.S. SENATOR FROM COLORADO, CHAIRMAN COMMITTEE ON INDIAN AFFAIRS Good morning and welcome to today's hearing on S. 2097, the Indian Tribal Conflict Resolution, Tort Claims and Risk Management Act. This year, the committee has held a series of hearings on Tribal Sovereign Immunity. We know that Sovereign Immunity, which is held in varying degrees by the Federal and State Governments as well, is necessary because a government cannot operate if every action results in a trip to court. However, in these hearings we heard the other side. Witnesses told of problems encountered by people living on or near reservations, including enrolled members of tribes who cannot sue their tribal governments. some are old war stories and some are personal grievances that should not involve the legal system, but there are several real problems that we should address. This legislation is proposed to resolve two of these problems: Collection of State taxes on sales to non-Indians and the ability to be compensated for an injury when a Tribal Government is responsible. Beginning in 1980 and as late as 1991, the Supreme Court has ruled that tribes have a legal obligation to collect State sales taxes on sales to non-members and give those taxes to the States. There are now over 200 State-tribal tax agreements in place covering a wide variety of commodities. But in cases where a tribe and State do not have a tax agreement, Sovereign Immunity prevents the State from taking their case to court. |