1998- Senate Hearing: S. 2097 TO ENCOURAGE AND FACILITATE THE RESOLUTION OF CONFLICTS INVOLVING INDIAN TRIBES

“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 eve 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.”