04.16.18

Protecting Native American Sovereignty from Harmful Federal Regulation

‘This afternoon, the Senate will vote to advance legislation from Senator Moran that would bolster the proper sovereignty of American Indian tribes in the face of excessive federal regulation. From the passage of the National Labor Relations Act in 1935 all the way until 2004, the NLRB respected the sovereign status of tribal government employers.’

WASHINGTON, D.C. – U.S. Senate Majority Leader Mitch McConnell (R-KY) delivered the following remarks today on the Senate floor regarding legislation that would protect American Indian tribes from harmful federal regulation:

“This afternoon, the Senate will vote to advance legislation from Senator Moran that would bolster the proper sovereignty of American Indian tribes in the face of excessive federal regulation. From the passage of the National Labor Relations Act in 1935 all the way until 2004, the NLRB respected the sovereign status of tribal government employers.

“But because the law does not technically provide that exemption, the NLRB discarded that precedent in 2004 and has become entangled in local tribal decisions. By intervening in tribal affairs on a case-by-case basis, the NLRB has effectively been picking winners and losers among different businesses.

“The result has been regulatory confusion and a lessening of tribal governments’ authority to govern their own lands. This legislation would correct the 83-year-old oversight that led to this confusion. It would codify in law that federally-recognized tribal governments should be exempt from such regulation, just like other state and local governments.

“More than 160 tribes, tribal corporations, and tribal trade associations support Senator Moran’s legislation. I am proud to support it as well. And I urge every one of us to vote to advance the bill later this afternoon.”