Native Organizations' Leaders Defend Tribal Sovereignty Before the Senate Committee on Indian Affairs

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By Levi Rickert and Neely Bardwell

February 13, 2025

WASHINGTON — On Wednesday, the U.S. Senate Committee on Indian Affairs conducted an oversight hearing to review the priorities of Native communities for the 119th Congress. Prominent leaders from Indian Country highlighted the most pressing issues for the year.

Committee Chair Sen. Lisa Murkowski (R-AK) opened the session with a statement acknowledging the distinct political status of Indian Nations.

“We are following a long tradition in this Committee – kicking off the new Congress with a hearing focusing on Native communities’ priorities. This Committee is the only Committee in Congress that has the charge to serve the interests of Native people across the federal government. And it’s one I take seriously. The way we live up to that charge is we always listen first. By listening to you as Native leaders highlight what is important to your communities and the work you are doing, the Committee can ensure our work aligns,” Sen. Murkowski said.

Witnesses making testimony on behalf of tribal organizations were Mark Macarro (Pechanga tribal chairman), president of the National Congress of American Indians; William Smith (chairperson of Valdez Native Tribe), chairperson of the National Indian Health Board; Rodney Butler (chairman of the Mashantucket Pequot Tribal Nation), board president, Native American Financial Officers Association (NAFOA); Kerry Bird (Sisseton-Wahpeton Oyate/Lumbee), board president, National Indian Education Association; and Kūhiō Lewis, chief executive officer, Council for Native Hawaiian Advancement. 

Each witness discussed issues specific to their sector within Indian Country, yet they unanimously emphasized that the federal government must recognize and respect tribal nations as political entities rather than merely racial groups.

In his testimony, Macarro urged the committee to protect tribal nations from the effects of recent executive orders and the Office of Management and Budget's directive that has paused federal funding.

“We ask that Congress and the Administration ensure federal funding for tribal programs is not paused, reallocated, reclassified, or de-prioritized when implementing any executive order or other administration priority. Ensure that in limiting the federal workforce, sufficient federal employees are available to deliver on all the trust and treat obligations,” said Macarro. “Tribal nations support this administration's efforts to mediate burdensome regulations and other barriers that hinder tribal self governance and economic development. These efforts must be developed in close consultation at all levels of government with tribal nations to ensure there are no unintended consequences.”

Vice Chairman Senator Brian Schatz made sure to point out that the attacks on DEI (Diversity, Equity, and Inclusion) and other executive orders violate treaty and trust responsibilities. 

“I understand the principle here that when you're dealing with Native peoples, you are dealing in treaty and trust and statutory responsibilities, and that you're not dealing with particular ethnic groups… the sort of dragnet of calling everything DEI should not apply. I get that. I agree with that. But we need a little solidarity to all of us together,” Schatz said.

“What's happening right now is unlawful, and it is not our job in a democracy to petition the king for mercy. It is our job in a democracy to stand up and say, this is impermissible under the law,” Schatz said.

In his testimony, Macarro emphasized that addressing funding disparities in public safety on tribal lands should be a priority for this Congress. He highlighted that the Bureau of Indian Affairs' Office of Justice Services 2021 Report to Congress revealed that Public Safety and Justice in Indian Country is currently funded at only 12% of actual need, indicating a funding shortfall of $3 billion and a requirement for approximately 25,000 additional personnel to ensure adequate safety for tribal communities. For example, while the federal standard for officers is 2.4 per 1,000 people, the Oglala Sioux Tribe has only 0.6 officers per 1,000 people, serving a population of 53,000 tribal members.

Smith addressed the disparities in healthcare within Indian Country, particularly concerning the funding of the Indian Health Service (IHS). He noted that the National Tribal Budget Formulation Workgroup has estimated that full funding for IHS in 2026 would require $62 billion. Smith urged Congress to adopt the 2024 Healthcare Package Index, which includes several tribal priorities, such as the reopening of the Special Diabetes Program for Native Americans. 

“The federal government made promises in the tribal treaties to provide for, among other things, healthcare of tribal citizens. These priorities are each a step to meet those promises and fulfill the trust and treaty responsibility,” said Smith.

Butler emphasized the critical economic development needs of tribal nations during his testimony. He called on Congress to adopt tribal tax parity legislation—such as that introduced by Senator Cortez Masto—to eliminate long-standing disparities between state and tribal governments, ensuring that tribal entities receive the same tax treatment as states for areas including excise taxes, bond issuance, pension plans, general welfare benefits, and charitable organizations.

“It is important to mention that tribally owned entities under the umbrella of the tribal government are critical to create jobs and to supplement funding for tribal programs that are underfunded in the federal budget,” explained Butler. 

Kerry Bird asked Congress to take steps to assure that tribes have the ability to make decisions regarding their Native youth and their education including protecting Title XI, and extending Public Law 477, to 638, across more federal programs giving tribes greater autonomy over education.

“Stakes are high by supporting Native education, you're not only investing in the future of our youth, but also strengthening the resilience and sovereignty of tribal nations and ultimately the success of the United States,” Bird said. “I urge you to act now to uphold trust and treaty obligations and ensure that Native students receive the education they deserve.”

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