by Susan M. Williams

About the author: Susan M. Williams is a lawyer in private practice in Albuquerque, New Mexico. She has represented Indian tribal governments throughout the country on issues of tribal sovereign immunity.

Editor's note: The following viewpoint is taken from the author's writtentestimony before the U.S. Senate Committee on Indian Affairs on September 26, 1996.

My testimony, in sum, is that it is essential that Congress not legislate a sweeping waiver of tribal sovereign immunity specially to protect non-Indians and non-members owning or using land within Indian reservations. Both law and public policy suggest this conclusion. First, several dangers exist in legislating a broad waiver of tribal sovereign immunity. A broad waiver of this nature may result in serious, unintended impacts. It would undermine the historic common-law right and federal policy granting Indian tribes autonomy...