Senator MELCHER. Thank you very much for your testimony. We appreciate it. We are glad to see that we are making some progress and are glad to have the commendation that we have received from various Indians throughout the country concerning the process. We will, as I said, hold this hearing record open, but we do have some written testimony right now from the National Tribal Chairmen's Association. Without objection, we will make that a part of the record at this point. [Prepared statement of the National Tribal Chairmen's Association and cover letter follow:] Hon. JOHN MELCHER, NATIONAL TRIBAL CHAIRMEN'S ASSOCIATION, U.S. Senate, Dirksen Senate Office Building, DEAR SENATOR MELCHER: Enclosed is a statement that the National Tribal Chairmen's Association submits for the oversight hearings on the Federal Recognition project. I wish to thank your staff member, Ms. JoJo Hunt, for requesting our comments. Please enter it in the record. Sincerely, WENDELL CHINO, President. PREPARED STATEMENT OF THE NATIONAL TRIBAL CHAIRMEN'S ASSOCIATION Mr. Chairman: We wish to thank you for the invitation to submit written comments regarding the federal recognition project. The National Tribal Chairmen's Association strongly believes that the U.S. Government should acknowledge that it has special relationship with all genuine Indian Tribes in the United States. With this acknowledgment is a permanent obligation to protect and preserve the inherent sovereign rights of these tribes and the right of the Tribes to live in perpetuity. NTCA realizes that while most of the viable tribes in the United States are currently recognized there still remain some tribes who are not acknowledged as having this special relationship with the United States. Common decency and morality, as well as the law, mandate that these legitimate groups be acknowledged and protected on the same basis as other recognized tribes. Common sense, however, indicates, even to the most casually interested, that recognition that an Indian tribe exists and is entitled to a perpetual relationship with the United States, is an extremely serious decision which must be based on valid and consistent criteria. These criteria which are now incorporated in 25 CFR 54 must be thoroughly and stringently applied to each and every group which petitions for acknowledgment. There must be no margin for error for once an error is made it opens the special relationship forever to people who will have only a marginal claim to being Indian. We believe the Bureau's Acknowledgment Staff must be unimpeachable, and their findings absolutely accurate. NTCA has requested to be an interested party in each case that is considered in order that Member Tribes may actively contest those that do not meet these standards. We also wish to express our concern that the Bureau and the Department of the Interior have not aggressively sought additional program and service funds to provide for any tribes recognized under the acknowledgment program. Tribes which are acknowledged under these circumstances in fact reduces the services and funds available to the longstanding recognized tribes which are presently suffering from inadequate funding and services. Such a policy within the Bureau sets Indian tribe against Indian tribe in a degrading fight for funds and possibly of the tribal government. If the Bureau is to pursue this program, it must pursue it with adequate funding not only to resolve the problem of unrecognized tribes as quickly as possible but it must also provide adequate additional funds to serve recently recognized groups. Thank you. Senator MELCHER. Senator Talmadge's office just called us and said there will be some written testimony submitted by some tribal groups in Georgia. Without objection they will be made a part of the hearing record at this point.1 Thank you all very much. The hearing is adjourned. [Whereupon, at 11:13 a.m., the hearing was adjourned.] 1 Material not received at time of printing. Enclosed is a memorandum regarding nonfederally recognized Indian Tribes in California to be submitted for your consideration. The problems of the nonfederally recognized Indian Tribes in California are primarily the result of congressional action, or the lack of it, with regard to Indian Tribes in California beginning in 1850. In the development of the current situation in California, most recognized and accepted concepts of international law, Indian tribal sovereignty, federal constitutional law, and federal Indian law were either ignored or misapplied resulting in a situation where there was very little recognition or protection of Indian Tribes. Today, the majority of California Indians are not members of federally recognized Indian Tribes, and again they are being jeopardized. Many Indian Tribes and Indian individuals have attempted to adapt to their situation in order to help their people. However, oftentimes their efforts are rebuked because they are not federally recognized Indian Tribes. Therefore, it has become necessary to attempt to have people recognize this problem, to recognize how the problem developed, and to attempt to deal with this problem. I would like to request your careful consideration of the enclosed memorandum. If you have any questions regarding this material, please do not hesitate to contact |