MR. CHAIRMAN, BEFORE WE REGISTER OUR VOTES ON THIS MEASURE, I WOULD TAKE THIS OPPORTUNITY TO SHARE A FEW OF MY THOUGHTS.

FIRST, WHILE I BELIEVE IT IS CLEAR THAT INDIAN COUNTRY IS STRONGLY OPPOSED TO THIS BILL, I ALSO BELIEVE THAT IN THE PROCESS OF THE COMMITTEE'S HEARINGS ON THIS MEASURE, WE HAVE WITNESSED A GOOD FAITH EFFORT ON THE PART OF TRIBAL LEADERS AND THEIR ATTORNEYS TO SERIOUSLY RESPOND TO THE MATTERS THAT THIS BILL SEEKS TO ADDRESS.

I BELIEVE THAT WHAT HAS EMERGED FROM THIS PROCESS ARE SOME CONCEPTS AND SOME ALTERNATIVES THAT, IN MY VIEW, TAKE A MORE THOUGHTFUL AND LESS EXTREME APPROACH TO ADDRESSING THE CONCERNS THAT HAVE BEEN CITED.

FOR INSTANCE, OUR CHAIRMAN HAS INDICATED HIS INTENTION TO INTRODUCE A MEASURE THAT WILL CHART A DIFFERENT COURSE RELATIVE TO THE MATTERS OF TAXES AND TORTS.

OTHER BILLS WILL BE INTRODUCED IN THE DAYS AHEAD. STILL OTHER MATTERS HOLD THE POTENTIAL FOR SOME ADMINISTRATIVE RESOLUTION.

ON THE OTHER HAND, I DO NOT BELIEVE THAT THIS COMMITTEE SHOULD RUSH TO ENACT FEDERAL LAWS ON THE BASIS OF A RECORD THAT IS -- AT THIS POINT -- ANECDOTAL, AT BEST.

WE HAVE NOT BEEN PRESENTED WITH EVIDENCE OF A PERVASIVE PATTERN OF ABUSE BY TRIBAL GOVERNMENTS OF THE DOCTRINE OF SOVEREIGN IMMUNITY.

WE HAVE ABSOLUTELY NO EVIDENCE TO SUPPORT THE REPEAL OF FEDERAL TORT CLAIMS ACT COVERAGE FOR THOSE WHO ARE CARRYING OUT FEDERAL RESPONSIBILITIES, NOR HAS ANY RATIONALE BEEN ADVANCED FOR THIS REPEAL.

IN RECENT DAYS, I HAVE CONSULTED WITH OFFICIALS OF THE DEPARTMENT OF JUSTICE AND I BELIEVE THEY WILL CONFIRM THAT THERE HAS BEEN NO ANALYSIS UNDERTAKEN OF THE IMPACT OF A REPEAL OF THE FEDERAL TORT CLAIMS ACT FOR FEDERAL ACTIONS CONDUCTED IN INDIAN COUNTRY.

IN THE COMMITTEE'S SEATTLE HEARING, THERE WERE WITNESSES WHO COMPLAINED THAT THE CIRCUIT COURT OF APPEALS AND THE UNITED STATES SUPREME COURT MIGHT RULE IN FAVOR OF TRIBAL TREATY RIGHTS IN THE MATTER OF SHELLFISH -- AND THAT SUCH A RESULT WOULD BE WRONG.

I WOULD REMIND ONE AND ALL THAT AS CITIZENS OF THE UNITED STATES, WE ARE PROUD OF THE FACT THAT WE ARE A NATION OF LAWS.

AS OUR CHAIRMAN SO FORCEFULLY STATED IN SEATTLE, IN THE LAST ANALYSIS, WE MUST -- ALL OF US -- LEARN TO LIVE TOGETHER, AND TO BE BOUND BY THE LAWS AND THE RULINGS OF OUR COURTS.

MR. CHAIRMAN, NONE OF US HERE IS NAIVE -- WE ARE ALL WELL AWARE THAT WE WILL LIKELY SEE THE PROVISIONS OF THIS BILL AGAIN -- PROBABLY AS SECTIONS OF THE INTERIOR APPROPRIATIONS BILL FOR FISCAL YEAR 1999.

I WOULD HOPE THAT NONE OF US IS SO CYNICAL THAT WE WILL NOT ALLOW A FULL AND FAIR CONSIDERATION OF ALL ASPECTS OF THESE ISSUES, INCLUDING, MOST IMPORTANTLY, THE SUBSTANTIVE CONTRIBUTIONS OF THOSE WHO WILL BE MOST DIRECTLY AFFECTED BY THESE PROPOSALS -- THE TRIBAL GOVERNMENTS AND THEIR CITIZENS.