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IAEM TRIBAL AFFAIRS POSITION PAPER
Tribal Government Amendments to the Homeland Security Act of 2002 July, 2003
Article 1, Section 8 of the U.S. Constitution reads, “The Congress shall have power to … regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” The supreme law of the United States recognizes that tribal governments exist and creates the basis for a unique and special relationship between the Federal government and tribal governments. Tribal governments are not state governments, they are not local governments (local governments are political subdivisions of states), and they are not special interest groups. The Supreme Court and the Congress have affirmed that tribal governments retain their inherent powers of self-government and self-determination. Many treaties, laws, and Supreme Court decisions have resulted in a fundamental and legally binding contract between the Federal government and Indian tribal governments.
The “Homeland Security Act of 2002” incorrectly includes tribal governments in the definition of a “local government”. The amendments proposed in S. 578 and H.R. 2242 would result in a technical correction that would remove tribal governments from the definition of “local governments” as currently set forth in the Act, and insert tribal governments in other sections of the Act as appropriate. These amendments will also recognize the inherent sovereignty and authority of tribal governments and their role in homeland security and protection. These proposed amendments were developed in consultation with the Senate Governmental Affairs Committee before final passage of the Act, but were not included in the final version because of procedural requirements and the urgency in Congress to vote on the Act.
There are about 260 miles of tribal lands bordering Canada and Mexico . Tribal governments often provide the only law enforcement and emergency response presence in these areas. Tribal governments are most aware of these border areas and the best ways to protect them, helping to assure the security and safety of the United States . Tribal government law enforcement agencies intercept scores of illegal immigrants along the border with Mexico , often accounting for the majority of illegal immigrant apprehensions. Hundreds of miles of tribal lands border the waters and waterways surrounding the United States . Often tribal governments have the responsibility for securing and protecting these waterways. There are hundreds, even thousands, of miles of tribal, county, state, and federal roads and highways in Indian Country. Tribal government law enforcement, fire, and emergency services patrol these roads and highways, and respond to incidents along these routes.
Tribal reservations and communities are also home to many industrial sites that use, transport, store, or dispose of hazardous materials of all descriptions, including nuclear waste. Again, tribal governments are responsible to assure that these operations are legitimate, secured, and operated in a safe and responsible manner. Tribal responders are the ones who respond to hazardous materials incidents or other incidents within tribal lands. Tribal environmental, public health, and natural resources agencies play a major role in identifying and mitigating potential security threats or issues on tribal lands. Tribal governments have inherent authority over their lands and resources, and play a crucial role in the overall homeland security concept for the country. Just like state and local governments, tribal governments must be consulted and coordinated with on issues and activities carried out by the Department of Homeland Security.
 Immediate: IAEM urges the Senate and House of Representatives to pass S. 578 and H.R. 2242, recognizing the role of Indian tribal governments in homeland security and emergency management.
Ongoing: IAEM urges the Department of Homeland Security to initiate sustained consultation and coordination with Indian tribal governments.
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MAM, CAE - 201 Park Washington Court,
Falls Church , VA 22046-4527
Phone 703.538.1795 - Fax 703.241.5603 -
info@iaem.com - www.iaem.com
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