“This comment proposes a two-pronged approach for preserving the self-governance benefits of Indian preference. First, the preference laws should base qualification methods on sovereign tribal affiliation rather than blood quantum. Second, the Department of the Interior (DOI), through a rulemaking, or Congress, through amending legislation, should clarify the
requirements for determining which governmental positions are subject to Indian preference. A clear legislative mandate by Congress would make it more difficult for the DOI to circumvent Indian preference guidelines or to defend in court hiring practices that fail to respect Indian preference.”
