have. A year later he hog-tied and executed 13 people in this "Wamee Massacre" and is now the only person that got the death sentence out of the three people that did this.

The second section that I would like to talk about is the section 3(d)(2) that you were talking about, which indicates that the Criminal Investigation Branch should not be subject to the Indian SelfDetermination Act. The Lummi Tribe and the other tribes that I have spoken with, as General Chairman, are in strong opposition to this. As with some of the other experiences that I have talked about, Indian tribes under contract under 638, it specifically states in their contract that the recruitment, selection, and training requirements for the tribe shall be the same as the United States Government. So those people selected under the Indian Self-Determination Act by contract should be as good as or better than BIA personnel that would be doing the same job.

I'm not going to go much further into this because a lot of the previous speakers have spoken to this issue quite eloquently.

Section 3(d)(3)(A) makes the Criminal Investigation Branch subject only to the supervision and direction of law enforcement personnel within the BIA. I do agree that line authority is needed within the Bureau of Indian Affairs' Law Enforcement Division. We have had some disagreement on people coming up here talking about this, some saying that it should be given and some saying that it shouldn't. My feeling, as was stated by the people from the Navajo Nation, is that each agency can make its decision whether it is going to send police officers when another area or agency needs it. Therefore, each agency superintendent has that authority to say no, so you may end up with only just a few law enforcement people from the BIA when you need more. If supervision and direction is made out of the central office in Washington, you would only have to make one call to Washington to the Chief of Law Enforcement Services to get that coverage that you need, and then he can order his officers in from wherever they need to come from to provide assistance to that tribe.

I am also here to speak to section 10 that makes reporting to the tribes mandatory for Federal agencies in regards to investigation and prosecution. I feel that this section is needed by Indian tribes to maintain their sovereignty and jurisdiction. With Federal authorities declining to share their investigations, it's going to mean that there will then be a second investigation that has to occur, which means time and money, and when all that other stuff-the files, the evidence, the signed statements-may become available as a matter of course to the Indian tribe.

Now, we are fortunate in the Lummi Tribe that I deal with that the FBI does share its information. If they are going to decline prosecution, they will return that evidence back to the law enforcement service of the Lummi Tribe. But this hasn't always been so. One of the nicer things that we have is an intergovernmental agreement signed by the United States Attorney, the Lummi Indian Tribe, the State of Washington, and the county sheriff and prosecutor, for the investigation and prosecution of child abuse crimes. Other than the declinations that we get from the United States Attorney for their prosecution of these crimes, this agreement works very well; we can share information, where if it is not

prosecuted in Federal court, then it can at least be prosecuted at least in the tribal court or in the county courts.

The last area that I wish to discuss is not language that is in the bill at this time but should be addressed, and that basically says that the Bureau of Indian Affairs should be prohibited from removing law enforcement funds from their categories. I would like to cite a couple of examples where this has occurred.

For example, in the BIA Puget Sound agency, salary savings of a BIA law enforcement position was taken from law enforcement by the area office and put into another program. This money should have and could have been added to tribal law enforcement contracts within that agency that sorely needs that money so that they can assist in providing a minimum amount of protection for their Indian reservations.

The second example is that the Lummi Tribe had $100,000 added to its base amount for law enforcement by Congress in fiscal year 1988 and fiscal year 1989. The Bureau of Indian Affairs in fiscal year 1989 and fiscal year 1990 budget justifications to Congress removed this appropriation with no justification provided to either the tribe or Congress.

So we feel that once money is added to the base, the Bureau of Indian Affairs should not be able to take that money away and use it for other programs that they feel may meet their priorities and not the tribe's priorities.

In summary, tribal governments are sovereign nations. In the past, the BIA enforced most of the tribal laws. Since the enactment of Public Law 93-638, tribes have assumed increasing management and control of their justice systems. Tribes should be given every possible resource, including access to criminal investigator contracting under Public Law 100-472, to maintain tribal law and order on the reservations. The BIA and the FBI should serve as a special resource, to be available in case of an unmanageable situation. The tribes, however, must have the decision-making authority for law enforcement on their reservations.

I appreciate the opportunity to testify, and I am available for any questions.

[Prepared statement of Mr. Haley appears in appendix.]

The CHAIRMAN. Am I correct in assuming that if we did what I suggested we would, either delete or significantly modify 3(d), and consider the inclusion of Senator McCain's amendment that would permit greater law enforcement authority over Indians, would you favor the passage of this bill?

Mr. HALEY. With one additional thing in the area of allowing the tribes to enter and be a part of the negotiations for the intergovernmental agreements with the relevant U.S. Attorneys. Yes; I would, Senator.

The CHAIRMAN. Okay.

May I now call on Vice President Salway.

STATEMENT OF HAROLD SALWAY, VICE PRESIDENT, OGLALA SIOUX TRIBE, PINE RIDGE, S.D., ON BEHALF OF PAUL IRON CLOUD, PRESIDENT, OGLALA SIOUX TRIBE, ACCOMPANIED BY LOUIS WHIRLWIND HORSE, ASSISTANT EXECUTIVE DIRECTOR, PUBLIC SAFETY COMMISSION, OGLALA SIOUX TRIBE

Mr. SALWAY. Honorable Chairman of the Senate Select Committee, I come here today as the leader of my nation, the Oglala Lakota, which is referred to as the Oglala Sioux Tribe.

[Remarks made in native tongue.]

I extend a warm, heartfelt handshake from the bottom of my heart to each and every one of you. I come here with great concern for my people.

First, let me tell you who I am. My Indian name is Left Heron; my individual name is [in native tongue], which means to lead, to represent. My paternal great grandmother is the youngest sister of the original Chief Great Cloud, the treaty-signer. On my mother's side, I am from the Red Shirt ancestry. So I feel I have the backing of my people and my ancestors in our appeal to reaffirm our intergovernmental relationship as a sovereign nation.

I come here today to beseech you to reconsider this initiative which you would impose upon our people. We have been suffering for quite some time now, and I would like to ask you-compel you, beg you to reconsider the bill I present testimony today against. I come as [in native tongue], as a modern man, but I come with a sad heart to see the efforts of this bill and what it will do to denigrate what we have stabilized throughout history. I feel saddened to see this bill to the degree that it has carried itself.

I would like to implore you to realize that our social-political makeup is different from the general makeup of America. I know my native language; I know my Lakota culture; I know my Lakota religion. I practice my language; I practice my culture; I practice my religion. So I speak from the heart when I portray to you the significance of what H.R. 498 would do to my nation.

It would undermine the efforts that have been created through past leaders, and through previous interreactions amongst our nations. H.R. 498 does not allow Indian nations to implement their inherent authority as governments. It is one of the fundamental principles of a governmental system to implement law enforcement activities within the exterior boundaries of their Inidan reservations.

Our reservation is located in the southwest corner of the State of South Dakota. We have approximately 28,000 members on a land base of approximately 2 million acres. In 1976, the tribal council gave full authority to the Public Safety Commission to enforce the entire scope of law enforcement upon the Pine Ridge Inidan Reservation. In the past Oglala Sioux Tribe Public Safety Commission implemented a highway safety program which had decreased the accident rate and fatality rate as a result of automobile accidents upon the Pine Ridge Indian Reservation.

The Oglala Sioux Tribe Public Safety Commission provides to our constituents the overall services of law enforcement activities. So I come here today to ask you to consider what this bill would do to

us as a sovereign nation. And we do consider ourselves a sovereign nation.

Respectfully, sirs, I come today hoping you would reconsider this bill, and I look forward to the future for my grandchildren when I look into concerns as grave as this, for the implications it would have on them. I would like to maintain my nationhood and the future of my nationhood, and I do not believe that this bill is best for my nation.

It is one of the fundamental principles of a sovereign government to have inherent authority to govern ones own people; to allow the Bureau of Indian Affairs to take away their authority and to give it to another branch is not consistent with Federal-Indian relations. H.R. 498, the Indian Law Enforcement Reform Act, to me appears to denigrate our stabilized form of government. I respectfully request you to reconsider the implications and impact that this bill would have on our nation.

The Public Safety Commission is more in tune with our social background, our social setting, and therefore they should be the proper to conduct criminal investigations upon the Pine Ridge Reservation.

I would like to take this time to briefly state the illusion of our relationship with the United States Government. In 1868 the treaty was developed, the Treaty of Peace. In 1889, our reservation was diminished for the taking of prior lands. In 1887, the Dawes Allotment Act drastically reduced our internal boundaries. In 1924, we were made citizens of the United States. In 1976, when we chartered the Oglala Sioux Tribe's Public Safety Commission, we were able to maintain a consistent alignment of keeping our society in balance within the systems of law and order. That's why I say that our system is tailor-made for the people, and it works best for the people. We would never consider imposing our laws, our rules, our government on a different race of people. It was not created for that purpose.

The Almighty knew what was best for us when he put us on this continent. So we have been maintaining that integrity throughout the years, and I feel I can speak from experience. I have been a law enforcement officer under the Oglala Sioux Tribe's Public Safety Commission. I have seen how the Bureau's practices were being imposed on our reservation. I have seen the crimes fluctuate. Today, I can feel comfortable in saying that we now have a better handle on implementing law enforcement activities on our reservation, to our people and for our people.

Another thing that I would like to state is that reservations are becoming a training ground for Bureau of Indian Affairs personnel. Once the Oglala Sioux Tribe's Public Safety Commission trains an officer of the law, he is employed by the Bureau in other areas. So we need to maintain those whom we train, basically; we would like to keep our own.

When I was a police officer, an incident occurred that I would like to relate to you. There was a march on our hospital in Pine Ridge, South Dakota. Just by my visible presence there at the door, we were able to deter some of my friends who were participating in the march. That impact alone showed to me that Oglala Lakota persons can better implement law enforcement among our people,

and have that respect can be reciprocal by maintaining the integrity of law enforcement.

So today, gentlemen, I beseech you to reconsider what H.R. 498 would do and the implications it would have on our nation and all other tribes; that would like to contract law and order. Not only does it undermine the sovereign status of all Indian Nations but it goes against the very heart and concept of the Indian Self-Determination Act.

Also, Your Honor, I brought our Assistant Executive Director of the Public Safety Commission. He is familiar with all the fine detailed aspects of our commission. If there are any questions? Thank you, sir.

[Prepared statement of Mr. Iron Cloud appears in appendix.] The CHAIRMAN. Thank you very much, Mr. Vice President.

If this committee changed the bill in the way suggested by Mr. Haley, would you support passage?

Mr. SALWAY. Your Honor, with all due respect, I would like to implore you to strike the bill completely. If not, I would feel secure in accepting that for my people. We have a separate bill, Your Honor.

The CHAIRMAN. I think you had better study the bill, because the other sections call for training assistance, providing better protection for police officers-you don't object to that, do you?

Mr. SALWAY. No, sir.

The CHAIRMAN. You are objecting to 3(d)?

Mr. SALWAY. Yes, sir.

The CHAIRMAN. If we did away with that, you still would object to the bill?

Mr. SALWAY. No, sir.

The CHAIRMAN. All right. Thank you very much.

Mr. Zecca.

STATEMENT OF TONY ZECCA, CHIEF OF POLICE, MICCOSUKEE

TRIBE, MIAMI, FL

Mr. ZECCA. I want to thank you, Mr. Chairman and the rest of this committee, for the opportunity to testify on behalf of the Miccosukee Tribe.

You have my written comments. My name is Tony Zecca; I have been in law enforcement for 33 years, 20 of which I spent with the New York City Police Department where I served also as a detective investigator. My last 13 years have been with the Miccosukee Tribe. I have been with their law enforcement program since 1976, when the program began as a Law Enforcement Assistance Administration project. Since 1977, when the Bureau and the tribe started contracting under Public Law 93-638, the Bureau has been supporting the police department, up until the present time.

The State of Florida, as you know, Mr. Chairman, is a 280 State. Consequently, we have multiple jurisdictions that we have to deal with on the tribe's lands. I think that the Miccosukee Tribe is faced with some different problems, even than our neighbors to the north, the Seminoles, because I believe all their lands are covered by 280. The Miccosukee Tribe has a portion of land that lies within