Congressional attention to tribal issues will drive economic growth in Indian country

2016 marks the fifth year the U.S. Chamber of Commerce will advocate on issues specifically important to our tribal members. At the direction of its Native American Enterprise Initiative (NAEI) Leadership Council – composed of tribes, tribal corporations and Alaskan Native Corporations (ANCs) – the Chamber has scored significant victories in that short time, notably calling attention to the contract support cost payment shortfalls to ANCs and tribes that spanned decades, as well as the General Welfare Exclusion Act that was enacted in 2014. 

The NAEI’s overall mission is simple: to support economic development in Indian country. The legislation NAEI supports to that end is clear-cut, seeking to help tribal governments provide jobs and opportunities for their members. Many solutions to these tribal economic problems already exist – and have for some time – in legislation that often enjoys bipartisan support in Congress. 

{mosads}One of these solutions is a legislative Carcieri fix, which would solve the problem created by the Supreme Court in 2009 when it interpreted language in the Indian Reorganization Act of 1934 that essentially created two classes of tribes regarding the Department of Interior taking land into trust:  those recognized before 1934, and those recognized after 1934. As a result, the trust status of much Indian land across the country is in question, leading to needless litigation and hampering economic growth that impacts the ability of tribes to provide for their constituencies.

Another proposal is the Tribal Labor Sovereignty Act, which passed the House this past November with bipartisan support. This bill would amend the National Labor Relations Act to treat tribes and their enterprises operating on tribal lands the same way local, state and federal governments are treated – providing certainty and clarity to ensure tribal labor governmental statutes would remain intact. 

Additionally, legislation to peel back outdated and uneconomic laws and regulations regarding Indian energy is pending in both chambers of Congress. Both bills have merits that would empower tribes to take greater levels of responsibility in developing their energy resources. A compromise incorporating provisions of these bills is not out of reach. 

Lastly, one of the simplest solutions is a Native American Housing and Self-Determination Act (NAHASDA) reauthorization. With Congress already appropriating the monies to provide housing in Indian country, and bipartisan and bicameral support for a reauthorization streamlining regulatory processes to therefore create more efficient expending of revenue, this important legislation must see its way to the president’s desk. 

These solutions deserve consideration for countless reasons; but broadly, investment and economic development in Indian Country is investment in the American economy. Attention must be continuously drawn to this fact. As an example, the Chamber proudly supports the efforts of Arctic Slope Regional Corporation – a founding member of the NAEI – in its partnership with Quintillion to bring subsea fiber optic broadband capacity to coastal Alaska.  Their investment is forward thinking and purely accomplished through private investment dollars. The line will improve living conditions in one of the most remote regions of the country, increase competition, provide more reliable service, and strengthen America’s national security and strategic telecommunications position in the Arctic. Improved capacity will open the doors for quality investment opportunities and economic development initiatives, pursuits embodying the Chamber’s mission.  

Often it is difficult to reach critical mass on tribal issues in Congress. This reality was a driving force behind the creation of NAEI in 2012. However, the Chamber is confident the will exists in Congress during the early months of 2016 to find agreement on these issues, thereby helping facilitate economic growth in Indian country. 

Mahoney is the U.S. Chamber of Commerce’s director for the Native American Enterprise Initiative.