FOR IMMEDIATE RELEASE
October 1, 1998
CONTACT: Christopher M. Changery
(202) 224-2251

WASHINGTON, D.C. -- The Committee on Indian Affairs today unanimously passed a bill offered by Chairman Ben Nighthorse Campbell to gather information on Indian tribal liability insurance coverage.

The "Indian Tribal Tort Claims and Risk Management Act of 1998" directs the Interior Secretary to conduct a comprehensive survey of the type and amounts of liability insurance carried by Indian tribes. Under the bill, this information will be reported to Congress by June, 1999, along with recommendations for adequate tribal insurance coverage.

"This bill is the first step toward preserving tribal sovereign immunity while providing a remedy to people who have been harmed by a tribal government's action," Campbell said. "If a tribe is at fault, I believe the injured person should be compensated. Insurance takes care of that without stripping tribes of their immunity, as some senators have proposed.

"The subject of tribal liability coverage was part of a series of sovereign immunity hearings I chaired in the Indian Affairs Committee this year. During the hearings, we heard varying views on the extent of the problem. Some witnesses claimed that tribes use their sovereign immunity to avoid lawsuits, even when they are at fault. Some testified that even when tribes compensate victims, the amount is too low. Others said there is no problem at all.

"We can't pass legislation that attempts to solve a problem when we don't know the size of the problem. This bill will give Congress the information it needs to act on this important issue."