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S. HRG. 115–136 

IDENTIFYING INDIAN AFFAIRS PRIORITIES FOR 

THE TRUMP ADMINISTRATION 

HEARING 

BEFORE THE

COMMITTEE ON INDIAN AFFAIRS 

UNITED STATES SENATE 

ONE HUNDRED FIFTEENTH CONGRESS 

FIRST SESSION 

MARCH 8, 2017 

Printed for the use of the Committee on Indian Affairs 

( 

(II) 

COMMITTEE ON INDIAN AFFAIRS 

JOHN HOEVEN, North Dakota, Chairman 

TOM UDALL, New Mexico, Vice Chairman 

JOHN BARRASSO, Wyoming 

JOHN MCCAIN, Arizona 

LISA MURKOWSKI, Alaska 

JAMES LANKFORD, Oklahoma 

STEVE DAINES, Montana 

MIKE CRAPO, Idaho 

JERRY MORAN, Kansas 

MARIA CANTWELL, Washington 

JON TESTER, Montana, 

AL FRANKEN, Minnesota 

BRIAN SCHATZ, Hawaii 

HEIDI HEITKAMP, North Dakota 

CATHERINE CORTEZ MASTO, Nevada 

T. MICHAEL ANDREWS, Majority Staff Director and Chief Counsel 

JENNIFER ROMERO, Minority Staff Director and Chief Counsel 

(III) 

C O N T E N T S 

Page 

Hearing held on March 8, 2017 .............................................................................. 1 

Statement of Senator Barrasso ............................................................................... 27 

Statement of Senator Cantwell .............................................................................. 40 

Statement of Senator Cortez Masto ....................................................................... 47 

Statement of Senator Daines .................................................................................. 4 

Prepared statement .......................................................................................... 4 

Statement of Senator Franken ............................................................................... 45 

Statement of Senator Heitkamp ............................................................................. 47 

Statement of Senator Hoeven ................................................................................. 1 

Statement of Senator Lankford .............................................................................. 21 

Statement of Senator McCain ................................................................................. 35 

Statement of Senator Moran .................................................................................. 41 

Statement of Senator Murkowski ........................................................................... 44 

Prepared statement .......................................................................................... 44 

Statement of Senator Tester ................................................................................... 5 

Statement of Senator Udall .................................................................................... 2 

Prepared statement .......................................................................................... 3 

WITNESSES

Anderson, Hon. Keith B., Vice Chairman, Shakopee Mdewakanton Sioux 

Community ........................................................................................................... 17 

Prepared statement .......................................................................................... 20 

Keel, Hon. Jefferson, Lieutenant Governor. Chickasaw Nation .......................... 22 

Prepared statement .......................................................................................... 23 

Not Afraid, Jr., Hon. Alvin, Chairman, Crow Nation ........................................... 8 

Prepared statement .......................................................................................... 10 

Torres, Hon. Paul, Chairman, All Pueblo Council of Governors .......................... 27 

Prepared statement .......................................................................................... 28 

Zinke, Hon. Ryan, Secretary, U.S. Department of the Interior ........................... 5 

Prepared statement .......................................................................................... 7 

APPENDIX

Bates, LoRenzo, Speaker of the 23rd Navajo Nation Council, prepared statement ...................................................................................................................... 62 

Chavez, Ervin, School Board President/Faye BlueEyes, Administrative Services Director, Dzilth-Na-O-Dith-Hle Community Grant School (DCGS), prepared statement ................................................................................................... 59 

Response to written questions submitted to Hon. Ryan Zinke by: ......................

Hon. Catherine Cortez Masto .......................................................................... 74 

Hon. Al Franken ............................................................................................... 73 

Hon. John Hoeven ............................................................................................ 65 

Hon. James Lankford ....................................................................................... 72 

Hon. John McCain ............................................................................................ 65 

(1) 

IDENTIFYING INDIAN AFFAIRS PRIORITIES 

FOR THE TRUMP ADMINISTRATION 

WEDNESDAY, MARCH 8, 2017 

U.S. SENATE, COMMITTEE ON INDIAN AFFAIRS, Washington, DC. 

The Committee met, pursuant to notice, at 2:30 p.m. in room 

628, Dirksen Senate Office Building, Hon. John Hoeven, 

Chairman of the Committee, presiding. 

OPENING STATEMENT OF HON. JOHN HOEVEN, 

U.S. SENATOR FROM NORTH DAKOTA 

The CHAIRMAN. I call this meeting of the Indian Affairs Committee to order. 

I want to thank Secretary Zinke and all of our witnesses for 

being with us today, as well as all of the members of the Committee. 

As it turns out, we have a vote at 2:30 p.m., so we will begin our 

hearing and then members can come and go and get in the vote. 

We will proceed with the witnesses and then to questions in the 

order people arrived following the early bird rule. 

Also, I will ask that we begin, after some opening comments, 

with Secretary Zinke’s comments and our other guests. However, 

I also have to note that the Secretary has a hard deadline of 3:40 

p.m. by which time he has to depart. 

What we will try to do is commence in an expeditious manner 

and make sure that we give members of the Committee as much 

opportunity as possible to ask Secretary Zinke questions or make 

comments. Hopefully if there are other witnesses who can stay 

longer, there may be an opportunity for further questions for them 

even after the 3:40 p.m. timeline. 

With that, I do have some opening comments. I want to welcome 

Secretary Ryan Zinke, the 52nd Secretary of the Interior. That is 

historic. You are the 52nd Secretary. Congratulations to you. 

Again, I thank all of our witnesses for being here today. I would 

note that Secretary Zinke asked that he be on a panel with the 

other witnesses as a way of showing how he wants to work with 

you in a very collaborative way going forward. I wanted to acknowledge that. 

Secretary Zinke is appearing before this Committee just one 

week after being confirmed by the Senate and sworn into office. 

Thank you for following through with this commitment to this 

Committee. I believe this is the first Cabinet member from the new 

2 

Administration to testify before the Senate in his or her role as a 

Cabinet Secretary. It is a first for you and we thank you for that 

as well. 

It is particularly noteworthy that he is testifying before our Committee on Indian issues, sitting alongside tribal leaders. I think 

that is significant. I also noted on your first day, you rode a horse 

to work. Having grown up with horses, I was frankly envious. It 

looked like a great time. 

Secretary ZINKE. The horse’s name is Tonto. 

The CHAIRMAN. It was a great idea. Probably a lot of us wish we 

could do that once in a while, because it is a lot of fun. 

Secretary Zinke has a positive track record of working with Indian tribes. As the lone Congressman from Montana, he represented seven Indian tribes. As then-Congressman, Secretary 

Zinke championed important issues for Native Americans including 

water rights, economic development, natural resources development, and introducing legislation that safeguards the lives of Native American women and children. This history should serve him 

well as he leads the Department of the Interior which carries out 

the government-to-government relationship, treaties, and the trust 

responsibilities between the United States and the 567 federallyrecognized Indian tribes. 

The Department also provides important programs and services 

that are vital to the Indian communities and millions of Native 

Americans across our Country. 

I have additional remarks which, in the interest of time, I will 

make a part of the record. 

I again want to acknowledge and thank all of you for being here, 

particularly Secretary Zinke for here at our request and doing it so 

quickly. 

With that, I will turn to our Ranking Member. 

STATEMENT OF HON. TOM UDALL, 

U.S. SENATOR FROM NEW MEXICO 

Senator UDALL. Thank you very much, Chairman Hoeven. 

This is an important oversight hearing to discuss priorities for 

Indian affairs at the Department of the Interior under Secretary 

Zinke’s leadership. 

I would like to recognize Chairman Torres of the All Pueblo 

Council of Governors who is the former governor of the Isleta Pueblo and now is Chairman of the APCG. You have shown strong leadership in matters of tribal sovereignty and self-determination. Welcome Chairman Torres. I look forward to hearing more about the 

council’s priorities as you testify. 

Mr. Secretary, congratulations on your confirmation. When you 

and I met several weeks ago, I urged you to be a strong advocate 

for Indian Country. These are uncertain times for a lot of folks. 

You assured me that you intend to be that advocate as Secretary 

of the Interior. 

It is good to have you here although I am disappointed that you 

may have to leave a bit early. Our tribal witnesses traveled from 

all across the Country to hear and listen to you. I know that is why 

you wanted to be on this panel. 

3 

To make the most of our time and to allow maximum questioning 

of the Secretary, I would like to submit my prepared opening statement for the record. 

I look forward to the testimony and working with all of you on 

the very important issues facing Indian Country. Once again, 

thank you to all the Indian leaders here today on this panel and 

in the audience. 

Thank you, Mr. Chairman. 

PREPARED STATEMENT OF HON. TOM UDALL, U.S. SENATOR FROM NEW MEXICO

Thank you, Chairman Hoeven, for holding this oversight hearing to discuss priorities for Indian Affairs at the Department of the Interior under Secretary Zinke’s 

leadership. 

I first would like to recognize Chairman Torres of the All Pueblo Council of Governors. As former Governor of Isleta Pueblo and now as chairman of APCG, he has 

shown strong leadership in matters of tribal sovereignty and self-determination. 

Welcome, Chairman Torres. I look forward to hearing more about the Council’s priorities. 

Mr. Secretary, congratulations on your confirmation. I saw that you rode a horse 

in to work on your first day. That certainly beats driving. In all seriousness, I look 

forward to working with you on the many important issues facing Indian country. 

When you and I met several weeks ago, I urged you to be a strong advocate for 

Indian country. These are uncertain times for a lot of folks, and you assured me 

that you intend to be that advocate as Secretary of the Interior. 

Secretary Zinke, you bring welcome expertise when it comes to Indian affairs. The 

very first bill you introduced as a member of the House was to federally recognize 

the Little Shell Tribe of Chippewa Indians. You also worked with my colleagues, 

Senators Tester and Daines, on the Blackfeet Water Rights Settlement 

Act. . .which was signed into law late last year. 

I have worked on tribal water settlements for New Mexico tribes over the 

years. . .and I know how important it is to establish certainty with respect to their 

water rights. . .and to sovereignty over tribal resources. Water settlements are also 

critical to the long-term economic vitality for the states and surrounding communities. Congratulations to you, Senator Tester, Senator Daines, and the Blackfeet 

Nation. 

With your background, you are certainly aware that your confirmation comes with 

a tremendous responsibility: to be the steward of the federal government’s tribal 

trust responsibility. Because Congress has placed primary responsibility over Indian 

matters with the Department of the Interior. . .your leadership will define how the 

federal government satisfies its trust duties to tribes and all Native Americans. 

The Federal Government’s trust duties are vast. For example, the United States 

manages about 95 million acres for the benefit of tribes, 55 million of which are held 

in trust. To put that in perspective, the federal government manages more land for 

the benefit of tribes than the entire National Park Service oversees across the 

United States. 

But the Federal Government’s obligations go beyond management of tribal resources. This sacred duty also goes to tribal sovereignty, and the responsibility of 

the United States to meaningfully engage tribes on a government-to-government 

basis. 

I’ve said it before and I’ll say it again: tribal consultation is more than just a 

check-the-box exercise. True consultation requires best efforts on the part of the 

United States to collaborate so that tribal voices are heard and meaningfully considered. 

I think you put it best in the message you sent to Interior employees on your first 

day: ‘‘sovereignty needs to mean something.’’ 

Mr. Secretary, I couldn’t agree more. 

Now, more than ever, we need Interior to be out front, leading on tribal issues. 

Whether we are talking about infrastructure, access to basic necessities like running 

water and electricity, or ways to improve tribal schools and economies. . .you will 

play a vital role in upholding the trust responsibility and making sure tribes are 

at the table. 

The Federal Government owes tribes nothing less. 

There are 567 federally-recognized tribes that are looking to you for your leadership. 

4 

23 of those tribes are in my home state of New Mexico. Chairman Torres, who 

traveled hundreds of miles to testify here today, represents 20 Pueblos, including 

the Ysleta del Sur in El Paso. 

And they are all looking to you to set the tone for this Administration. . .to be 

its ambassador to Indian country and the primary advocate for Native people within 

the Federal Government. 

Accordingly, I expect that you will surround yourself with talented, knowledgeable 

public servants and hold them accountable. 

It is good to have you here, Mr. Secretary, as well as all our tribal witnesses. I’m 

glad the Administration has taken this opportunity to hear directly from tribal leaders at this hearing. I look forward to working with you all on these and many other 

issues of great importance to Indian country. 

The CHAIRMAN. Thank you, Senator Udall. 

Before turning to Senator Daines for some comments, I also want 

to mention that Jamie Azure, Councilman of the Turtle Mountain 

Band of Chippewa from my State of North Dakota was scheduled 

to be here but was not able to come. I want to acknowledge that 

Jamie Azure was to be here and thank the councilman but unfortunately, was not able to come for travel reasons. 

Now I would like to turn to Senator Daines for a note of welcome. 

STATEMENT OF HON. STEVE DAINES, 

U.S. SENATOR FROM MONTANA 

Senator DAINES. Thank you, Mr. Chairman. 

This is a historic moment for Montana. We have the first Montanan to ever serve in a President’s Cabinet. We have a Montana 

tribal leader, a tribal chairman testifying on the same witness 

panel and both of Montana’s Senators are on the dais. 

Secretary Zinke and Chairman Not Afraid, welcome to the Committee. I want to note that both of our Montana witnesses are veterans of our Armed Forces. I would like to thank both of you for 

your service, your ongoing commitment to your Country and communities in your respective roles. 

With Secretary Zinke now leading the Department of the Interior, we can truly say it is a new day for Indian Country. It is a 

new day for tribal sovereignty and a new day for prosperous tribal 

economies. 

I took forward to discussing the most pressing actions that Congress and the Administration must take to support Indian tribes 

and uphold our sacred trust responsibility. 

Thank you, Mr. Chairman. 

PREPARED STATEMENT OF HON. STEVE DAINES, U.S. SENATOR FROM MONTANA

This is an historic moment for Montana. Not only do we have before us the first 

Montanan to ever serve in a President’s cabinet, we also have a Montana tribal 

leader testifying on the witness panel, and both of Montana’s senators up on the 

dais. 

I’ll start by welcoming you, Mr. Secretary. And I must say, it really does feel good 

to finally be able to call you ‘‘Mr. Secretary!’’ As Montanans, you, Senator Tester, 

and I had the privilege growing up in a state with a rich Native American heritage. 

Montana is home to twelve federally recognized tribes, seven Indian reservations, 

and the state-recognized Little Shell Tribe. 

We are also honored to be joined today by Crow Tribal Chairman AJ Not Afraid. 

Chairman Not Afraid was just elected last November and he and I had the chance 

to meet in my office a few short weeks ago. Among the items we discussed, Chairman Not Afraid shared with me the importance of coal to his nation’s economy. Unfortunately, the Crow Tribe faced an uphill battle under the Obama administration 

5 

with one-size-fits all regulations like the EPA Power Plan and the Stream Protection Rule which would have deprived the Crow Tribe of desperately needed goodpaying jobs. 

I’d also like to note that our two Montana witnesses have something else in common: both have served in our armed forces. Secretary Zinke as a Navy SEAL for 

23 years and Chairman Not Afraid in the Marine Corps from 1995–1999. I want 

to thank you both for your service and your ongoing commitment to country and 

community in your respective roles as secretary and chairman. 

Now, with Secretary Zinke leading the Department of the Interior, we can truly 

say: It’s a new day for Indian Country. It’s a new day for tribal sovereignty. And 

it’s a new day for prosperous tribal economies. 

I look forward to hearing from the two of you and the other witnesses, who are 

also esteemed tribal leaders from across the country, on what are the most pressing 

actions Congress and the administration must take to support Indian tribes and uphold our sacred trust responsibility. 

Thank you. 

The CHAIRMAN. Senator Tester. 

STATEMENT OF HON. JON TESTER, 

U.S. SENATOR FROM MONTANA 

Senator TESTER. Thank you, Mr. Chairman. 

I too want to welcome Secretary Zinke to the Committee for the 

first time, the first of which I hope will be many visits to this Committee. 

Indian Country traditionally has been hard to explain to people, 

about the challenges that are. I know you know what those challenges are, sovereignty and self determination. I remember the first 

time I met with the large land-based tribes, I said, what are your 

priorities? After about 40 seconds, they said stop, you have to 

prioritize them. Look, the needs are many in Indian Country. 

I think you understand that, Secretary Zinke. I think you also 

understand the fact that without proactive leadership within the 

Department and a good head at the BIA, we are not going to get 

these problems solved. I look forward to your leadership. 

For Chairman Not Afraid, I want to welcome you to the Committee. It is also your first time as a newly elected Chair in Crow 

Country. We very much appreciate your leadership. You have some 

tough issues to tackle there but I know you are up to the challenge. 

With that, I want to thank the Chairman once again for the opportunity to speak. 

The CHAIRMAN. Are there other opening comments? 

We will turn to Secretary Zinke for your comments. 

STATEMENT OF HON. RYAN ZINKE, SECRETARY, U.S. 

DEPARTMENT OF THE INTERIOR 

Secretary ZINKE. Thank you, Senator. 

Good afternoon, Mr. Chairman, Mr. Vice Chairman and members 

of the Committee. 

I would also like to extend a special thank you to my fellow Senators, Senators Daines and Tester. It is indeed a historic moment. 

While it is my first hearing, it will not be my last. I would also 

like to thank my esteemed members on both my right and left 

flank. I look forward with each of you to growing a relationship and 

working together. 

In the interest of time, I have consolidated my remarks to allow 

more questions. I know it is important. 

6 

I entered the department, as you know, just a few days ago but 

the challenges are many and real. Regardless of our political parties, our duty as Americans and leadership is to uphold our trust 

responsibilities and consult and collaborate on a meaningful basis 

and a government-to-government basis with the tribes all across 

our Country. 

Growing up in Montana, I learned quickly that tribes are not 

monolithic. There are seven recognized tribes within Montana 

along with the Little Shell and the Chippewa Indians who are in 

the midst of the Federal recognition process. It is not easy. Each 

is spread out throughout the State of Montana and each has different aspirations, different opportunities and different ideas on 

how to govern within the tribes but most of all, self-determination 

is a unifying aspect. 

In my experience, one thing is clear. Sovereignty should mean 

something. As Montana’s lone congressman, I made it a priority to 

remain accessible to each of our tribal members from the Crow Nation and the great Blackfoot Nation so we could collaborate on their 

priorities. I have always viewed them as equals and not rivals. 

While we shared and debated our priorities and ideas, we always 

sought common ground. 

As a warrior, I respected the culture and traditions and I agree 

with the unifying core value. If you must fight, fight for your people. 

Now I have the honor to lead the very department that unfortunately has not always stood shoulder to shoulder with the tribes 

and communities they represent. Many reservations continue to 

struggle, as we are all aware. Oftentimes unemployment rates and 

lack of business opportunities prevail. Indian schools, roads and 

houses are literally falling apart. 

Despite all this, the Administration has an opportunity to foster 

a new economic period of productivity through improved infrastructure, expanded access and the all of the above energy process. 

I fully understand that not all tribes have access to energy resources or gambling and each tribe is different. As mentioned 

above, sovereignty should mean something. A decision to develop or 

not develop and cast their own future should be supported. 

The President has remained steadfast in his commitment to infrastructure and seeks to address extensive maintenance backlogs 

that directly impede our Nation’s economic growth and potential. 

Safe roads and bridges support tribal economic development and 

determination by incentivizing investments in tribal communities. 

It is hard to invest in a tribal community unless the school, the 

hospital and the roads are conducive to investment. 

While economic development and infrastructure will play an important role in revitalizing some communities, I recently read the 

Government Accountability Office High Risk Report for 2017 and 

the determinations were disheartening and devastating. Words 

cannot capture how terrible it is in some of our schools in Indian 

Country that the Bureau of Education is responsible for. Each student deserves a high quality education that prepares them for the 

future. 

There are plenty of issues I know we will grapple with during 

my tenure at Interior. I know I have plenty to learn. I remain optiVerDate Mar 15 2010 10:45 Jan 24, 2018 Jkt 028358 PO 00000 Frm 00010 Fmt 6633 Sfmt 6601 S:\DOCS\28358.TXT JACK
7 

mistic because the great Nations deserve great leadership and the 

Nations themselves have great leadership. 

Thank you for the opportunity to be before you today. I look forward to your questions. 

[The prepared statement of Secretary Zinke follows:] 

PREPARED STATEMENT OF HON. RYAN ZINKE, SECRETARY, U.S. DEPARTMENT OF THE

INTERIOR

Good Afternoon, Chairman Hoeven, Vice-Chairman Udall, and Members of the 

Committee. Thank you for inviting me to testify before you today. I would also like 

to extend a thank you to my fellow Montana Senators, Steve Daines and Jon Tester, 

for their service on this Committee and for welcoming me here today. This is my 

first hearing since being confirmed as Secretary of the Interior and it is truly an 

honor to be here before the Senate Committee on Indian Affairs to discuss the 

Trump Administration’s vision for Indian Country. I am also fortunate to share the 

panel today with an esteemed group of Tribal leaders from across the country. I look 

forward to working together with each of you as equals to grow and strengthen Indian Country. 

I entered the Department just a few days ago, but the importance of my mission 

to partner with American Indians and Alaska Natives is one I do not take lightly. 

It is an issue of incredible importance to me personally. Regardless of political 

party, our duty as Americans is to uphold our trust responsibilities and consult and 

collaborate on a government-to-government basis with Tribes from Maine to Alaska. 

Growing up in Montana, I learned very quickly that our Tribes are not monolithic. 

There are seven federally recognized Tribes in Montana, along with the Little Shell 

Tribe of Chippewa Indians who are in the midst of the federal recognition process. 

Each of them are spread throughout the entire state, working on their diverse priorities to provide for their people. In whatever form their economic development takes, 

from online lending to energy development, all tribes are sovereign and we must respect their right to self-determination. 

In my experience, one thing is clear: sovereignty should mean something. As Montana’s lone Congressman, I made it my priority to remain accessible to each of our 

Tribal members, from the Crow Nation to the Blackfeet Nation, so we could collaborate on their priorities on a leader-to-leader basis. I viewed them as equals, not rivals. We shared and debated our priorities and ideas while seeking common ground. 

As a warrior, I respected their culture and traditions greatly and I agree with the 

core value, ‘‘if you have to fight, fight for your people.’’ 

I am incredibly proud of the work Congress did to advance Montana tribes’ priorities, such as the Blackfeet Water Rights Settlement, which was signed into law as 

part of the Water Infrastructure Improvements for the Nation (WIIN) Act. The warriors of the Blackfeet Nation, led by Chairman Harry Barnes, greatly sacrificed time 

and resources for this historic achievement. Congress also made tremendous headway on the Little Shell Federal Recognition bill, which passed out of the House 

Committee on Natural Resources for the first time in history. And lastly, Congress 

worked with the Crow Nation to support their energy development potential by extending the Indian Coal Production Tax Credit and demanding their rightful seat 

at the table with the Federal Government to actualize their treaty rights. I am 

grateful to have Chairman A.J. Not Afraid sitting next to me today to tell his story 

about their future goals and priorities for success and look forward to working together in my new capacity of Secretary of the Interior. 

I now have the honor to lead the very Department that, unfortunately, has not 

always stood shoulder to shoulder with many of the Tribal communities for which 

it is tasked to fight. Many reservations continue to struggle with high unemployment rates and a lack of business opportunities. Indian schools, roads, and houses 

are literally falling apart. Despite all this, the Administration has an opportunity 

to foster a period of economic productivity through improved infrastructure and expanded access to an all-of-the-above energy development approach. I fully understand that not all nations have access to energy resources or choose to develop them 

and I respect their position. As I have mentioned earlier, sovereignty should mean 

something and the decision to develop resources is one that each tribe must make 

for itself. 

The President has remained steadfast in his commitment to infrastructure and 

seeks to address the excessive maintenance backlog that directly impedes our nation’s economic growth and potential. Safe roads and bridges support Tribal economic self-determination by incentivizing investment in tribal communities. My 

8 

team at Interior is already working to identify these top priorities within Indian 

country. I look forward to working with each of you here today and the Tribal leadership across our nation to continue this important discussion. 

While economic development and infrastructure investments will play an important role in revitalizing Native communities, the immediate issues facing the Bureau of Indian Education must be addressed to ensure long-term stability in Indian 

country. I read the Government Accountability Office (GAO) High Risk Report for 

2017; the determinations were disheartening and devastating. Words cannot capture 

how terrible it is that children in schools overseen by Bureau of Indian Education 

are so poorly served. Each of them deserves a high-quality education that prepares 

them for the future. Having served as Chairman of the Senate Education Committee 

during my time in the Montana State Legislature, I have a keen interest in education in rural communities. It is unacceptable that some of our students are attending schools that lack the most basic necessities, like insulation and clean water. 

We must also craft clear standards, develop measures for assessment, hire qualified 

teachers and principals to provide much needed leadership, and hold people accountable for mistakes. I do not expect to resolve these issues quickly, but I am personally invested in making real changes that will last. 

There are plenty of other issues I know we will grapple with during my tenure 

at Interior. I have plenty to learn, but with your assistance I remain optimistic that 

we can work together with Tribes to foster stronger and more resilient Native communities. 

Conclusion 

One of the great privileges of my life was participating in the memorial ceremony 

for Michael Bell, a fellow Navy SEAL from the Fort Peck Assiniboine and Sioux 

Tribe. In between deployments in 2006, he was tragically murdered. Mike was a 

warrior I had the privilege of instructing as he began his SEAL career. To meet his 

family and pay respect to the life and sacrifices he made was truly humbling. In 

an incredibly moving tribute that same day, I was adopted into the Assiniboine family as an honorary member, and given a name and song. 

I carry the honor of my traditional name, Wowonga Intacha, Seal Leader, with 

me today. As Secretary of the Interior, I will hold true the sacred words of my song, 

‘‘as I walk this road in life, I will help people as I go.’’ That said, there is strength 

in numbers, which is why I will need each and every one of you to assist me. This 

includes being accountable for your actions as we warrior ahead and make tough 

decisions to strengthen Tribal communities. In the SEALs, we are frequently reminded that ‘‘The Only Easy Day was Yesterday.’’ As we begin the hard work before 

us, we must recognize that failure is not an option. I am here to listen, to accomplish your goals, and to move Indian Country forward to the best of my ability. 

Thank you for the opportunity to share my views with the Committee. I look forward to working with you all and Tribes across the country to better the Bureau 

of Indian Affairs, Bureau of Indian Education, and all programs at Interior that impact Indian Country. 

The CHAIRMAN. Thank you, Mr. Secretary. 

We will turn to our other witnesses. I ask again that you keep 

your comments as succinct as possible so we can get into the questions and answers. 

We will start with the Honorable Not Afraid, Jr. 

STATEMENT OF HON. ALVIN NOT AFRAID, JR., CHAIRMAN, 

CROW NATION 

Mr. NOT AFRAID. Thank you, Chair. 

Good afternoon, on behalf of the Crow Nation. I want to thank 

Chairman Hoeven, Vice Chairman Udall, Senators Daines and 

Tester for having this opportunity, holding this oversight hearing 

and identifying Indian affairs priorities for the Trump Administration which would be held up by Secretary Zinke. 

We feel that the Crow Nation, with the shoulder to shoulder aspect, can overcome some of the previous obstacles the Crow Nation 

had in the past as far as economic development, welfare and social 

being. I do appreciate the Administration appointing Secretary 

Zinke. 

9 

For many years, coal has been the mainstay of the Crow reservation economy. However, various Federal regulatory initiatives during the previous Administration in D.C. have had a serious toll on 

the western coal industry, especially in the production of coal and 

other Indian coal owners. 

My administration is aggressively pursuing other economic development projects including renewable energy to diversify and reduce 

our dependence on coal revenues but those will take time, probably 

many years. To make major contributions to our efforts to achieve 

economic self sufficiency, one such tourism opportunity we can immediately address relates to a historic document, The Grizzly, a 

treaty of cooperation, cultural revitalization and restoration. 

The Crow Nation was instrumental in this treaty which to date 

has been signed by 123 tribal nations and provides a blueprint for 

the Crow and other tribal Nations in this sphere with the promise 

of cultural, economic and environmental revitalization. 

My written testimony provides a wide range overview on Crow 

economic priorities within a contemporary and cultural context. 

These foundational precepts of the tribal culture and governance 

are those we trust the Trump Administration will continue to recognize and further secure such as the welfare and being of Indian 

Country as a whole. 

Within our present portfolio, it is essential for the Crow Nation 

to affirm its primacy provided by the Surface Mining Control and 

Reclamation Act of 1977. In that same vein, under Section 412 of 

the recently passed Crow Water Rights Settlement, the Crow Nation is authorized to market energy from the Yellowtail Dam. 

Again, Honorable Secretary Zinke, we would correspond as to that 

aspect. 

A contract for marketing that power is a trust responsibility of 

the Trump Administration. I hope this can be expedited. 

As a sovereign Nation, the Crow Tribe has the right to regulate 

our own lands and our resources. In tandem, green economic initiatives and the vast mineral resources held by Crow lands can ensure an enduring economic self sufficiency for the Crow people. 

As Chairman of the Crow Nation, it is my responsibility to improve the quality of life for the Crow people by creating good paying jobs within the a diverse and expanding economic portfolio that 

reflects our ambitions for our seven future generations and at all 

times honor the values of our culture. 

At this time, I have a gift for the Committee which is the Grizzly 

Treaty signed by all the 120-plus tribal leaders mentioned earlier 

depicted here. Staff may have this. That is to show the importance 

of not only our culture but tribes being cohesive in identifying what 

we would love to secure. 

At this time, Mr. Chairman, Committee members, Secretary 

Zinke, I appreciate this opportunity and will answer any questions. 

Thank you. 

[The prepared statement of Mr. Not Afraid follows:] 

10 

PREPARED STATEMENT OF HON. ALVIN NOT AFRAID, JR., CHAIRMAN, CROW NATION


308a1.eps

I. Iutruduction 

Good morning. On behalf of the Cmw Nation, I want to th11flk Chairman Ilocvcn, Vice· 

Chairman Udall, Senators Daines and Tester, !llld the other disl..ingullshed members of the Senate 

Committee on Indian Affnirs for holding this Oversight Henring on IdtmlilJing Indian Affi:tll'j 

Priorities fm the Trump Adrninislnltlon. My name is Alvin Not Afraid, Jr., and l 111n th1 

Cbairman of the Crow Notion. After servi.ug 4 years us Tribal Secretal')', l was elected Chairman 

last year and look office in December, 2016. I appreciate this invitation to provide te.~timony on 

economic pdorilies from the CrowNntion's perspccUvc. 

For many yean;, coal has boon the mnimtny of the Crow Resurvation economy. However, 

various Federal regulatoJy initiatives during the previOllS administration in Washington, D.C. 

have taken n serious toll on the Western wal industry, and especially on the production of Crow 

wtd other Indian oonl. My ndtninlsh'Htion ia aggressively pur~uing other ~conomic development 

projent~, including renewable Cllotgy, to divrusify and reduce our dependence Oil coal revenue:;, 

but those will take time - probably many years- to make major contrib1Jtions to om· efforts to 

achieve economiG sc!I-su.fficiern:y. 

Today, my testimony will ibcu5 on chan~es in Federal policies thnt will bring some muchneeded nenr-tcnn relief fm· Cmw coal, while we tran.•ition to new clean-coni technologies, 

renew.nbles, nnd other types of TJibal bwirrcss entc[Jltises. First, I'd like to give you some 

background on tlte ClOW Nnti"" uml uu1· lli>s.:lvation lands, and our C(lUl re:«Jurces and 

d1wolopmont priorities, 

II. Bl'icfOverview o! Crow Re.1ervntion, Luml Issue.' and Resources 

A, Brle/Hisloly of Land and Development ChalfeiJge.s 

The Crow Nation is a sovereign govemmem located in southeastem Montann. TI1e CrowNtrtion 

has three formallr!:aties with the federal g.Jvemment, concluding with the Fort Larrunie Treaty 

of May 7, 186'8. The Crow Reservation originally encomjJass~d most of Wyoming and 

oouthcasto.m Montana, tot~ling 38.5 million nares. Through a ~cries ofU:eatics, agreements and 

mlilatcnll fcdc.rallaws ovel' a 70 year span, Cmw territory was reduced by 94% to its current 2.2 

million acre nrc a. 

In addition to substalltW land loss, the remaining triblli lund ba,e within thc e}[lerior boundnry of 

the Crow ReserVIJtion was carved up by the Allotment Acts. By 1935, there were 5,507 Crow 
11 


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allotm~nts, consisting of2,054,055 acres. The Big Horn and Pryor Mountains were not allotted 

and still remain reserved for the CrowNntion and its citi~.en~. 

The Crow laud base has been fnrthcy dccinurtcd by fractionated own~rship ofvurioiL'> ollolments. 

The Dcpnrtm~nt of the Interior ("DOI") estimntcd tbnt ovc1· 10% of nll fmctionnted !nnds within 

Indian country are actually within the Crow Reservntion (with many parcels ofnliotted lands that 

hav~ more than 100 owners). 

Duciug 2014- 2015, the CJ:ow NatiL>n par!ncrcd with DO! and meaningfully addressed the 

frnetionntiou issue through implcmcutlltion of the Co bell Settlement. The Crow Land Buy-Ruck 

Program resulted in more than $1JO million pnit cut to Crow landowners, with more thnn 

240,000 equivalent acres pmchascd fol' the Crow Nr.tion. 

Despite tlm success of the CrowLBBP, the overall loss of the Crow lund base and allotment have 

resulted in eheckerboHrd ownership ofrescrvntionlllnds, giving rise to overlapping govcmmen!Hl 

aull10rity (federal, state, tribal and locRl). Sometimes, the land issues become cost prohibitive for 

project developers. As discttsscd later, tnx incentives and other mcMlll'C9 nrc critical in ordcr to 

level the playing field for Indion energy projects. 

B. Present Lcmd, Poplllation, ond Education 

Today, the1e 11re 14,000 ~;~nrolled citizens of the CLuW Nation, with more than 9,000 of those 

residing wifuin the exterior boundaries of the Rcsc:."vation. Our Tribal mombnrship cotlllists of 

many young people- :fully 58% of our mcmbeiS ru:e under 30 yeam old. Tills dcmogmphic only 

rcinfurces the need to take a loug-tmm view of the Reservatlou economy. 

OL!l' goal is to invite more of our citizens to retum l1ome to live and resume tdbnl relations, hut 

we must be able to Qffer homes, jobs, aQd n place to find their drcnms. 011r current 

un~rnployrn~nt rule is between 25% and 47%, depending on whooc stlltistics you usc. 

The Crow Nation has always cmphosi7..ed higher edu~ntion and we emrently have more than 400 

aruma! applications fo1· higher education assistance. BeCIIuse of federal funding limitations and 

inte.mal budget constraints, however, we cun only p~rliully fund 90 3ffideuts ouch year. In 

addition to providing fUIIUluiul support for cdm:ntion, we have a separately chwtered tribEll 

college (Little Bighorn College, "LBI-JC") that started operations in 1981. Among tho hundreds 

of LBHC J);L'aduate~, Junny fne employed on and around tbc Crow Reservation in a variety of 

positions including tcaehcrn' aides, compute.J· technicians, office managom and administrative 

a.<~iston~">. 

C: Crow Coal-Past, Presem and Future 

l. The AbsalokaMine 

The Crow Nation has very substantiel undeveloped coal reoourccs, estimated at 9 billion tons. 

The Crow Nation h!l!l developed a limited umount of its resourct; by leasing a portion a fits coal 

l>;)se.L'Ves fc1· the p1t.~t 40 yeffi's to We<itmoreland ResotllWli, Inc. ("WIU"). WR! owns and 
12 


308a3.eps

opeml~s !he Absaloka Mine ("Mille"), S1tppling PDwdcr Riv~r Baoin ~oalta Midwestern utilities, 

and it has produced 200 million toM of coal since 1974. From the Miut's 5-7 million tons per 

year of coal prodnction, it provides production tn;.;e.~ und royulli~s to the Crow Nation -

exceeding S20 million in 2010 when the Mine was operating at full capacity. The revenue 

gOJJ.cmtcd ti'Omlhc Mine has 1-eprescntod as mmli as lwn-thirds nf tl1e Craw Naiiou's nonfederal budget. 

Futthcrmore, "WR! employs H 70% tribal workfare~ wiU1 an av~ragc annual salal'y of over 

$66,000, !llldis the largest private employe!' within tbe Crow Rcsm•ation. The imparlance of the 

Mine to the econoruy of the Ct·ow Reservation cannot be overstated. Without questiou, it is a 

critical source of jobs, fimmcial suppmt and domestically-produced energy. WR.I has been the 

Crow Nation's most significant pdvate partner over the pas\ 40 years. During 2012-2013, the 

Tdbc and Will finalized a new lease agreement to ~xtcnd the life afthc Absaloka Min~ !ot' two 

more decades. 

However, as my Administration begins its efforts to bring proopcrity to the Crow people, the 

fttlurc of the Absaloka Mine has never been more uncertain. l'raducticm at the Absnlokn Mine 

has f!lllen to only 3 million tons per year, nnd will stay at that level for at least tbe next2 years. 

This is despite the prcvions Tribal administratic:on agreeing to a reduc1ion in our coal severance 

taxrntco, which further compounds the lu:;.< in Tribnl revenues. 

In the past, Tdbal royalties nnd coal severance tax revenue.'! fmm the Minc totaled well over $20 

million per year, but it is now projected that wo will recGive IIllis ttum anu·l~fllf thuse amounts 

fQr the nc.xt few yonrs. This lnrge reduction in coal revenues has Md a drastic effect on the 

Tribal Govcrmncut workforce, including major lnyol:fu nnd furloughs, and greully rcdu~ed the 

levels of essential govemmen1 nnd emergency services that we are nble to provide for om· 

membership, 

2. Tbc nig Metal Pn>ject 

The Crow Nation has \Vmkcd for mHoy years ta expnud development of our v!ISI coni resourcos_ 

In 2013, tho BIA approved our agretm~ent with Cloud l'eak Encq~y ("CPE") to explore, with 

options to lease and dBvelop an estimllled 1.4 billion tollS of Crow coal in d1e southeastem corn~r 

of the Crow Re:;ervation. This long-term projoct, ru•med "Big Metal" from a Crow legend, will 

also provide much needed revenue to the Crow Nation, incrca~e employment oppmtnnities 'for 

Crow and Montana citizCJls, ll!ld (\iver~ifYTribal revenue snurcBs. 

Cloud Peak Energy (CPE) has demonstrated their commitment to both safety and the 

CJlvironment, nnd we appreciate their leadership as one of this country's la!·gcst coal producers. 

In addition, CPE has been a goOO partner with the C.mv Nation, providing college scholarship~ 

b:J dozcllli of Crow students and suppotting those in need. All oftbis lm~ occurred while Cl'E has 

worked with tile Tribe to complete exp!o111tm·y drilling, secure surracc tights, assess cultural 

resources that will nccd to be p~"Otected, mtd begin environmental hase line work fm· the 

pennilting process, all of which has been OJl(',Oing since 2014. 
13 


308a4.eps

However, the Big Metul project fac~s the same challen&cs as the Absnlokn Mine, with dome.•tie 

coal markets steadily contracting due to fcdcrnl ~oal policies that have had n disproportionate 

impact on Tribal coal dcvclop.tnclll. In addition, full development uf the Dig Metal project is 

hrrge\y dependent on coni exports to the Pacific Rim through p01·1s in the Northwest, but efforts 

to expand coal export capacity through those JlOcts have been consistently stymied by 

environmental clmllenges ahncd at killing coal, 

3. TllB Clean Coal Future 

Finally, the Crow Nation hns long recogni~ed ilia\ lhe long-term benefits of our very large coal 

resm.~r~,;c will dcpcrul on new clean coal tcchnologie<~ thnt address concerns with climate change. 

I would llloo to continue to build the first coal-to-liquids ("CTL") phml in North America with 

full cm·bon capture and 11tilimtinn. 

In 2008, the Crow Nation and our pmtncr signed a project agreement to develop the Many Stru:£ 

pt·ojcct, a coal-to-liquids project tlmt WOldd produce up 111 50,000 bnrrels nr more per day of 

ultra-o!eonjet and die:;el fuel. The Crow Nation mJught to contract witb the U.S. Air Force !llld 

odv:~r local industries to supply cle11n fuel that would meaninglhlly reduce Cllt'bou cmi:;.o;ions 

tlu'Oughoul tbc world, reduce America's dependence on foreign ol!, m<d provide 3 safe and .'><leur~ 

domestic :fi.K:J supply to our national defense. 

Unfoi'ltmately, with the rccDSSion 1111d financial crisis tl1at hit in 2009, it become impossible lo 

obtain the large invcstme11t needed fm tbi~ type of cutting-edge project. Siucc then, Um-e has 

been no concerted federal JlOlicy to encourage the developmcul of clean con! technology, carbon 

capturo and sequestration, or other technologies aud incentives tim! could save many good coal 

job~ throughout the country. 

Ill. Crow Nil lion Coal Policy I>riot'ities 

There are a number of changes in Fcdei:ul pul.il..-:ies and incentives that the Congress ond the 

Trump Mminiruation should ta!oo to p1·ovide both ncar- and long-term benefits for Lhe 

continued, responsible development and pmduction of Crow coal, while we diversify our 

Re.~en·ation economy to achieve economic self-sufficiency. 

A. Thi! OSMRE Stream Protection Rule 

First, I want to thank the Congress and President Trump fo,. enacting the joint t'CSohttion under 

the Congressionol R~JView Act disapproving the Office of Su!'facu Mining's misguided :itrcam 

Protection Rule. 

The proposed new Iegulnlinn~ publi~hed by OSM in 2015 were originally intended to address 

some practices in the Eastern coal mines, but included oncmus nnd unnecessary new 

requirements for Powder River Bnsin mines us well. The proposed new Rule was developed 
14 


308a5.eps

without input from the West, and bnsed on my dis~n1<sions, neilher the Federal or Stnl~ t'egulntors 

would hove been nbleto implement il 

·lbe Rule was nl~o develop .xi without me.wingii.Jl consultation with the Crow Tribe, as required 

by Federal law, on the 2,00[} pages of materials lhataccompaniOO the )JlUpOlied ntle. Unlilce 

mines regulated by State authodtics under SMCRA, the Rule \'.'Ould have hnd an immedillle 

effect on the Absulokn mine which OSM regulates cliioctly ou Crow Re~crvation. It would lmv~ 

reduced the Mine's coalresorves, and further reduced sales of Crow coalnt a time when the 

Tribe is already suffering fi-nm diminished coal production and pl'iccs. 

We rn:e greatly encouraged by iliis early and time!) action to prevent dcvnstnting impacts on the 

mining ofCww coal • .1\.s fuctlwr e;.:plaincd bclow, the mining of Crew coal is already subject to 

one of the most extensive rcgulatmy program~ in any industry undet' the Surface Mil1ing COIJtrol 

and Rnclamalion Act (SMCRA), which the Cmw Tribe hRs been '''orklng to assume authority to 

lldminiotcl.· on our own lands. 

B. El'A '.; Clmn Power Pkm 

EPA's "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Elcdl'ic Utility 

Generating UniL~," othenvise known as the "Clean Power Plan," w~s inilially proposed in 2014 

and required Slates to reduce carbon dioxide enUssions :from existing coal-fired power plants. 

Although it would havo a major impact on the markets for Crow coal, it was developed without 

any coru;ultalien with the Crow Tribe, as required by Executive Order 13175. The Crow Nation 

and the Montana Auomcy General sent joint comments to the EPA in DEcember 2014, to 

e..:press grave concern about the negatiVI.) impact on the Crow Nation. Ncv~ru,elcss, EPA 

finali~ed the proposed rule in 2015 wiJhout finthe1· Tribal consultmion or consideration. of these 

impacts. 

The Clean PowerPJnn has oh'eady had a sclious neg11Live effi:ct on Cl'OW coal and the Crow 

R~ervation economy. The great majority of Crow coal iMm the Ablialoka Mine has been 

suppliOO to the She1·bmn~ County Ocnarating Station ("Sheroo") ncar Minncapoll~. However,"~ 

a result of Minnesota's ~fforl'l to comply with the Clean Po war Plan, Units 1 aud 2 at SJterco will 

be s!mt down soon. FOO" Unit 3, which was design~d fOO" Crow coal, w1d is the largest, most 

modern and cleanest unit, the longer term future remains uncertain. 

The Clean Power Plan must be rolled back to prevent fm1h~r adverso impacts on Crow cool 

enstomers, especially on tile ncwe.~t and cleanest generating units that still have many years of 

productive life. 

C. indian Coal Produclion Tux Credil- Leveling !he Playfng Field 

In addition to the El'A's Clean Power Plan, numerous Jn11Ctical problems consistently arise with 

cacl1 proposed Indian coal project. The lease apprcval and de,.,Jnpmcnt pmcess is burdensome, 

slow, and complicated, Fedcml regulatory n:q1.1irements rur appraisals, surfaoo access approvals 
15 


308a6.eps

and enviro=ntal assessments to conduct m:ploratiDn within the ReservntiDn often cr~ale 

significant deluys. Further, incomplele land records, in~dcquate BIA $tnffinr, and surfac~: land 

fractionation (describEd above) cr~ate unoortainty lh~l discourage~ investment nnd significantly 

impedes project development, It is ex.treJncly di.ffioult to ccmpeto with oiT-reserwtion 

developmen1 because of these problems, even with the best cffurts ofparticula1· BIA employees 

~nd tho Crow Nation. 

The Indinn coal production tax credit ("JCPTC'?, odginally enacted iu the 2005 Energy Policy 

Act, has !rept the Absalol(n l\lfine open and competitive ~-ince 2006. This $2+ pm·tonlax credit is 

intended to "level the playing field" for Indian wal (currently Crow, Navnjo nnd Hopi), by 

offsetting some of the additional regulatory hurdles we face. This credit ucutralized the threat of 

a potential nline closure and contim1~d the Absu!oka Mine's nbility to prnvlde critical 

employment UE\d l'<>Venuc for es:,;unlial Crow govcnuncntnl ftmclions. Under our agreements 

'vlth Westmoreland, it has a.! so yielded several millions of dollars in direct benefits to the Crow 

Nation, funds that are sorely needed now. 

However, since 2013, !he ICPTC has been ~xtended on a year-to-year basis as part of the tax 

extender packages, nud that has diminished it~ efiCctivenes~ by not providing certainty to support 

major long-term investments necessa1y for coal developm<ml. Worse still, it expired at the end 

of2016. 

In order to overcome all Df the nddilio=l regulatory btu·dens and lrmd tmnsaction issues 

described above, tho Crow Nation seeks n permanent extension of ICPTC. With this tax 

incentive made permanent, the Crow Nation would hnvc tile opportunity to compete with ofuers 

on a level playing field. It will help sustain ULB Absaloka Mine, produce ndditional Tribal 

revenue, and encourage new coal development like CPE's Big Metul project. 

As mentioned above, the development of rrew coal utilization technologies wnl be very 

importnnt to ensure the long-term economic viability of the Crow Nation's large coal resourn•s. 

In addition to permanently cxt(l!lding the ICPTC, the CongrCI\s and tl1e Trnmp Administration 

should focus on providing ntl1•r tax incentives ~nd direct suppmt for clean coni teclmolngies and 

carbon capture and sequestration. These mea~ures will allow us to resurrect the Many Star:; mmlto-liquids project in a modified form to produce ultra-clean fuels while addres~ing tile critici~ms 

of climate change advocates. 

D. Access 10 fnlrmmlio11al Mw*e/S 

With the contraction of coal dc.mand fur utilities in the United States, the best hopo for 

maintaining and cxpauding Crow coal pl'Oduction is the export market, primarily to modern new 

cool plantsio Japan and South Korea. For example, majol· developm~n\ of Cloud Peak Energy's 

Big Metal project on the CJ'OwRcscrvntion depends primarily on being able to o:<epo11 o\ll' coal, 

and an ~xp<mdodmaline ex:p01i fnci!ity on the Wost Coal is essential infTastrnc!lJre to suppo1t 

that effort. It also is impo.rlaut to uotcthat Powder Rivel· Bnsin coal from Crow mines is lower in 
16 


308a7.eps

sulfur dioxide nnd nitrogen oxide, which i~ bet~.,· fur the cnvimllillent thu11 the uoallhal is 

coocnUy mined in Allinn crmntrios. 

The Army Corps of Engineers recently denied permit~ for the Gatt:way Pacific Tenninnl, which 

would have provided the close..;l and most efficient wny to ship Crow coal overseas. Also, 

protests to expanded rail shipments of coal from mines to the potts bnve been used lo impede tlte 

environmental permitting proccs:; fur new conl por:s. 

The lastproposod new coal export terminal is the Millennium Bulk Tcnninals pmjt:cl in 

Longview, Wnshington. Tite Crow Tribe trusts tid the Cong.<.:ss nnd the new Administration 

will enswc that tlle Army Corps and other Fed em! ngencic.~ do not Lmneccssarlly dclny or deny 

th~ needed permitting tbrthis impmtnn! project and o!hCl·s that mny be developed in the futUl'C. 

E. 7J·ibal Primacy U!ld~r SMCRA 

The Snrfnoe Mining Control and Recla•mlion Acl of 1977 (SMCR/1.), created the U.S. 

Depurtment of Interior's Office ofSt1rfnce Mining und R..:clmnation E.nfurcemcnt (OSMRTI), and 

a comprehensive nationwide rcg<datm·y p.rcgrnm for SUl·fnc~ ~oal minll1g. The Act authorizes 

States to assume pdmary ~nfureemenl responsibility with OSMRE'~ npproval and oversight, 

wbichhas beendDne in mo&coal states incl11ding Vfontana. 

The 2006 amendments to SMCRA authorized Trilx:s to also as sum~ primary responsibility fol'\ts 

ndministrntion on Reservation lands. The Crow Tribe has b~cn working diligenUy with OSM fot' 

several yca~s to cowplotc the t-eqnlremenl.s for tmc1111aking this complc:< regulatory progmm. In 

20G9, !he Crow Legislature cnaeted the Crow CJal Mining nnd Reclamation Act, which hns 

UIJdergone nn extensive, detailed infOrmal review by OSM. Trained Tdl:ml pommnnel of the 

Crow Coal Regulotocy Office (CCRO) culTClltly participate in all inspections of the Absaloka 

Ml1v::. In tlw fututc, we foresee undertaking full rcspmll<ibility for new coal mine permitting with 

the time aud funding to build C!lpacity for this highlytcc!micul function. 

As a sovereigo nation, the Crow Tribe has the right to regulate our own j[)Jld'; and t-esmu:ccs. 

What remains of the Ct'OWReservation will be our Nation's homeland fo•· all time, nnd we have a 

continuing vital in!eJ'esl in protecting our people, lnnd, nir, water, wildlife and cultuml LCsources 

from any negative effects af mining our valuable cnal resources, 

We trust that Secrotru:y Zinke w1d the Congress will continue to snppmt the Crow Nation's 

effort~ to nssume SMCRA Primacy, with the necessary funding, OSM staffing, and llexibillty to 

aceowplish this impol'tnnt tusk, I' or our pa1t, I am taking measures to re-invignmte ~nd prioritize 

the li"ibe's work to satisfy tlte raqLlil-ements for assuming PJimacy, and loek fotwm'd to working 

with OSMRE and the other DOl agencies townrd a timely completion. 

Foo· the Crow Nation at tl1is pivotal time, the hnpcrtallce of SMCRA Primacy extends beyond 

just ccal mining. We also have subst"nti,l TI""''"'c.~ <>f Gmvcl, Limestone, nnd B~ntonite that. 

liCe economically viablo;, and wl!I help divcr:Jify tbe Reservation economy. 
17 

The CHAIRMAN. Thank you, Mr. Not Afraid. We will have questions after the testimony. 

Mr. Anderson. 

STATEMENT OF HON. KEITH B. ANDERSON, VICE CHAIRMAN, 

SHAKOPEE MDEWAKANTON SIOUX COMMUNITY 

Mr. ANDERSON. Thank you, Mr. Chairman, Senator Franken 

from my State, Secretary Zinke and fellow tribal leaders. 


308a8.eps
18 

On behalf of the Shakopee Dakota Tribal Government, let me 

take a few moments to describe our great expectations for Secretary Zinke and the Trump Administration. 

Let me begin by sharing a bit of background on the Shakopee 

Tribe. For centuries, my Mdewakanton ancestors as Dakota stood 

our ground on what remains of our land even as the great cities 

of Minneapolis and St. Paul have grown towards us, bringing both 

opportunities, and challenges. 

Our tribal enterprises have revitalized our region and our economy. It provides vital government resources for our tribe as well 

as for many of our neighbors. We are the largest employer in our 

county and have been for years. 

We have forged over 60 intergovernmental agreements with our 

neighbor cities and counties providing essential and diverse services like top flight fire and rescue, state of the art water treatment, 

large scale organic recycling and so forth. 

As an expression of our sovereignty and our culture, our tribe 

has become the largest tribal donor in Indian Country. We feel it 

is a responsibility. We are annually giving up to $18 million in 

grants to less fortunate tribes and community organizations, 

501(3)(c). 

This all rests on one basic foundation, that the Shakopee Dakota 

Tribe is a government, a sovereign, deserving the respect of other 

sovereign governments. Sovereignty is why the Shakopee Dakota 

believe Secretary Zinke is worthy of support. 

From his statement, on the first day he was nominated, Secretary Zinke has demonstrated that tribal sovereignty is one of his 

top priorities. As head of the Interior, Secretary Zinke now fills a 

key role in the government-to-government relationship with the 

Shakopee and every other tribal government. 

As lead Federal trustee, Secretary Zinke has a solemn responsibility to honor and protect our sovereignty, our self governance and 

our self determination. He knows that when tribal sovereignty is 

respected, economic self sufficiency follows. When tribal sovereignty 

is attacked or overrun as inconvenient, the very survival of our culture and way of life is threatened. 

Tribal sovereignty requires others to honor the decisions each 

tribe makes for its people, its resources and its own territories. 

Sovereignty is the shield against the hegemony of outsiders who 

think they would know what is best for us but who better than a 

tribe can know what is best for that tribe. 

The Shakopee Dakota Tribe looks forward to working with Secretary Zinke to use tribal sovereignty to advance self determination 

and self sufficiency. 

I will conclude by describing a few priorities we hope Secretary 

Zinke will help the President address. President Trump took office 

a few weeks ago promising change for regions of American that the 

Federal Government has long ignored. By any measure, those 

areas are much of Indian Country. They are remote, bypassed and 

ignored. 

We would ask Secretary Zinke to ensure that the Trump Administration’s infrastructure initiative is shaped to enable Indian 

Country to catch up to the rest of America. Making infrastructure 

work for Indian Country would mean allocating funds for the exVerDate Mar 15 2010 10:45 Jan 24, 2018 Jkt 028358 PO 00000 Frm 00022 Fmt 6633 Sfmt 6601 S:\DOCS\28358.TXT JACK
19 

pansion of new infrastructure in rural America so that Indian 

tribes can truly enjoy an equal opportunity for access to jobs, markets, education, health and services on par with the rest of America 

and still be able to live on their homelands. 

Secretary Zinke, as lead Federal trustee, you will have to work 

hard to ensure that every Federal agency adheres to meaningful 

consultation with each tribe effected by Federal action. By meaningful consultation, I mean it must mean early and responsive decision-making and should be in partnership with each affected tribal 

government. 

We would ask Secretary Zinke, as Indian Country’s leading advocate with the Trump Administration, to forcefully support meaningful tax reform that allows only tribal governments, not other governments, to tax economic activity on tribal lands. 

These tribal empowerment zones where the only taxing authority 

is the tribal government would end the heavy burden of dual taxation in Indian Country. This would spur private sector investment 

in what would be minimum tax areas. 

This kind of big idea tax reform will help restore the territorial 

sovereignty of tribal governments over tribal economies further 

leading to self sufficiency. 

Finally, we would ask Secretary Zinke, as the steward of America’s trust responsibility toward tribes and Native peoples, to protect and expand Federal funding for essential government services 

in Indian Country, services that have been systematically and 

chronically underfunded for generations. 

We will encourage the Secretary to make maximum use of funding to direct tribal governments through self determination and self 

governance authorities and thereby curb Federal bureaucracy’s appetite to devour limited Federal funding before reaching Indian 

Country. 

When Secretary Zinke and President Trump face competing pressure to allow scarce Federal funds, we would ask Secretary Zinke 

to remind his colleagues in the Administration of the many contributions in blood and treasure that Native tribes have made to 

the welfare of the United States over two centuries. We will ask 

that he help maintain that Federal funding that is inherently owed 

all Indian tribes under the trust responsibility. 

I say that we are very, very fortunate. I do not want to mislead 

anybody about Indian gaming. For every one of us, there are probably 12, 15 or maybe 20 casinos that provide jobs and add to the 

government coffers. Tribal gaming is working. We just happen to 

be very, very fortunate. In the rural areas, it is not enough. 

Last, Secretary Zinke we would ask that you take the lead within the Trump Administration to secure early enactment of the Tribal Labor Sovereignty Act of 2017, Senator Moran’s bill, S. 63, and 

restore seven decades of legal precedence by putting tribal government employers back on par with all the other sovereign government employers. 

This bill is about tribal sovereignty and not about professional 

negotiators ruling all of the work that you have done here in Washington to recognize the inherent rights of tribes. Sir, we will need 

your personal leadership to help make this correction. 

20 

Mr. Chairman and Senators, thank you for this opportunity to 

outline some directions worthy of support for Secretary Zinke and 

President Trump. 

I am happy to answer any questions you may have or that I have 

not answered. Thank you very much. 

[The prepared statement of Mr. Anderson follows:] 

PREPARED STATEMENT OF HON. KEITH B. ANDERSON, VICE CHAIRMAN, SHAKOPEE

MDEWAKANTON SIOUX COMMUNITY

Introduction 

Good afternoon, Chairman Hoeven, Senator Franken, Members of the Committee, 

Secretary Zinke, fellow tribal leaders. 

On behalf of my Shakopee tribal government, I want to thank the Committee for 

this opportunity to describe our great expectations for— 

• What Secretary Zinke will be able to accomplish at the Interior Department, 

and 

• What we hope are priorities for the Trump Administration. 

Let Me Begin by Sharing a bit of Background on the Shakopee Tribe 

For centuries, my Mdewakanton ancestors have lived in the larger area surrounding what remains today of our Shakopee Reservation. We Dakota people have 

stood our ground, even as the great cities of Minneapolis and St. Paul have grown 

up around us, bringing both opportunities, and challenges, to our tribal community. 

The Shakopee Tribe has played a key role in the economic revitalization of our 

region. Our tribally-owned and controlled enterprises are a vital source of governmental revenue for ourselves and for many of our neighbors. 

For years, the Shakopee Tribe has been the largest employer in Scott County, and 

regularly is awarded the honor of being one of the ‘‘top work places’’ in Minnesota. 

The Shakopee tribal government has forged over 60 inter-governmental agreements with our neighbors, for whom our Tribe provides essential governmental services in such diverse areas as— 

• top-flight fire and rescue; 

• state-of-the-art waste water treatment; 

• alternative wind and solar energy production; 

• large-scale organics recycling; 

• diverse transportation planning and development; and 

• mobile medical and emergency command centers. 

The Shakopee Tribe is the largest tribal donor in Indian Country, annually giving 

18 million dollars or more in grants to less fortunate Indian tribes and community 

organizations. In recent years, we have focused our efforts on the production and 

distribution of food and information that supports healthy lifestyles, contributing 

over 5 million dollars to efforts to strengthen Native food sovereignty. 

‘‘Sovereignty’’ is Why the Shakopee Tribe Believes Secretary Zinke is 

Worthy of Support 

From his days in the House of Representatives to the day he was nominated Secretary, Mr. Zinke has shown that tribal sovereignty is at the top of his list of priorities. 

As Interior Secretary, Mr. Zinke will fill a key role in the government-to-government relationship with Shakopee and every other tribal government. As lead trustee, Secretary Zinke has a solemn responsibility to honor and protect our sovereignty, self-governance, and self-determination. 

All of what the Shakopee Tribe does, for others, and with other governments, 

rests on one basic foundation—the Shakopee Tribe is a government, a sovereign, 

worthy of respect by other sovereign governments. 

Shakopee is a text book example of the fact that, when tribal governmental sovereignty is respected, economic success follows. 

At the same time, any attack on our core tribal identity—any bypassing of our 

sovereignty as inconvenient—is a direct assault on our culture and way of life. 

By definition, tribal sovereignty is expressed and exercised in different ways. Respecting sovereignty means the rest of us honor the decisions each tribe makes for 

its own people, its own resources, its own territory. Sovereignty is a tribe’s shield 

against the arrogant hegemony of outsiders who think they know what’s best for 

21 

a tribe, whether they are called local governments, conservationists, environmentalists, federal trustees, or hungry corporations. 

Secretary Zinke understands and respects tribal sovereignty. The Shakopee Tribe 

looks forward to working with him and his colleagues in the Trump Administration 

to preserve and protect tribal sovereignty in ways that advance tribal self-determination and self-sufficiency. 

Here Are Some Priorities That Secretary Zinke Can Help President Trump 

Address 

President Trump took office a few weeks ago promising change for the regions of 

America that the federal government has long ignored. By any measure, that includes much of Indian Country. 

The Shakopee Tribe will ask Secretary Zinke to ensure that the Trump Administration’s infrastructure initiative is shaped to enable Indian Country to catch up to 

the rest of America. That will mean allocating public funds to extend new infrastructure into rural America so that Native American communities can finally have 

an equal opportunity to access jobs, markets, education, health and other services 

on par with the rest of Americans without having to move away from our homelands. It will also mean that Secretary Zinke, as the lead federal trustee for tribes, 

will have to work hard with every federal agency to ensure they adhere to meaningful consultation with each tribal government affected by a proposed federal action. 

Meaningful consultation means real, open, early, and responsive mutual decisionmaking in partnership with tribal governments. 

We will ask Secretary Zinke, as Indian Country’s leading advocate within the 

Trump Administration, to forcefully support meaningful tax reform that allows only 

tribal governments—no other governments—to tax economic activity on Indian land. 

This would end the heavy burden of dual taxation in Indian Country. And it would 

spur private sector investment in what would be low or no-tax tribal empowerment 

zones. This kind of bold, big idea would restore the territorial sovereignty of tribal 

governments over their economies. We will also ask Secretary Zinke to encourage 

more targeted and robust tax credits for investment in Indian Country. 

We will ask Secretary Zinke, as the steward of America’s trust responsibility toward Indian tribes and Native Americans, to protect and expand federal financial 

support for essential governmental services in Indian Country that have been systematically and chronically underfunded for generations. We will encourage Secretary Zinke to make maximum use of direct funding to tribal governments through 

the Indian Self-Determination and Tribal Self-Governance authorities, and thereby 

curb the federal bureaucracy’s tendency to consume limited federal funding before 

it can reach Indian Country. When Secretary Zinke and President Trump face competing pressures to allocate scarce federal funds, we will ask Secretary Zinke to remind his colleagues in the Administration of the many contributions in blood and 

treasure that Indian Country has already made to the welfare of the United States. 

The Shakopee Tribe’s financial success in the gaming market is an exception to the 

experience of most tribal governments, and so we will ask Secretary Zinke to help 

preserve the federal funding that is owed all Indian tribes under the trust responsibility. 

And finally, we will ask Secretary Zinke to take the lead within the Trump Administration to secure early enactment of the Tribal Labor Sovereignty Act of 2017, 

Senator Moran’s bill—S. 63. That bill would restore seven decades of legal precedent 

by treating tribal government employers the same as all other sovereign governmental employers. This bill is not about labor unions, it is about tribal sovereignty, 

about our tribal right to set our own laws for our own employees on our own lands. 

Mr. Chairman, thank you for this opportunity to outline some new directions we 

believe are worthy of support from Secretary Zinke and President Trump. I would 

be most pleased to answer any questions you may have. 

STATEMENT OF HON. JAMES LANKFORD, 

U.S. SENATOR FROM OKLAHOMA 

Senator LANKFORD. [Presiding.] Thank you. 

Let me take a moment, as the temporary Chairman, to also introduce the next person on our panel. I will take some personal 

privilege on this. This is a friend and a fellow Oklahoman, Lt. Governor Keel. 

I would introduce him as a leader of the Chickasaw Nation, an 

extremely well run tribe which has made tremendous progress in 

22 

many areas in Oklahoma, a great partner in Oklahoma. He also is 

someone who has been a past President of the National Congress 

of American Indians. He brings a lot of experience with that. 

Lest you consider fooling with him, he is also a 20-year Airborne 

Ranger with two extended tours in Vietnam, a Bronze Star with a 

V for valor and two Purple Hearts. 

We are glad you are here and I look forward to receiving your 

testimony as a fellow Oklahoman. 

STATEMENT OF HON. JEFFERSON KEEL, LIEUTENANT 

GOVERNOR. CHICKASAW NATION 

Mr. KEEL. Thank you, Senator. 

Mr. Chairman and fellow Senators, thank you for allowing me 

this opportunity. 

Today, I speak on behalf of the Chickasaw Nation as Lieutenant 

Governor and on behalf of Governor Bill Anoatubby and the people 

of the Chickasaw Nation. 

We look forward to working with this Committee and Secretary 

Zinke in protecting our treaty rights and enhancing the Federal 

tribal trust relationship. Full Federal recognition of tribal sovereignty, as affirmed by the United States Constitution, is of paramount importance to Indian Country. 

We look to this Congress and the Trump Administration to continue the long-standing Federal policy of engaging with tribal 

sovereigns on a government-to-government basis. This principal is 

fundamental to all issues that will come before you arising from Indian Country. All too often, Federal statutes and regulations treat 

tribal governments differently than every other form of government. We look forward to making sure that the tribal consultation 

policy is continued. 

We commend the new Administration’s policy to affirm and commit to existing policies. One example of this body strengthening 

Federal laws provision of parity to tribal sovereigns is the action 

you just heard from the previous speaker relating to the National 

Labor Relations Board. 

I commend Senator Moran for moving this bill forward. We look 

forward to seeing that come to fruition. 

We applaud the President’s commitment to the veterans who 

have served and proudly serve today to protect our great Nation. 

We ask that Secretary Zinke work with the Department of Veterans Affairs to include them in future consultations and considerations. 

One thing Secretary Zinke is not charged with but we ask for is 

swift action to reauthorize the Native American Housing Assistance and Self Determination Act which does affect our veterans 

and all of our tribal members across the Country. 

We support the concept of vigorously investing in our Nation’s 

critical infrastructure. We believe tribes should be full participants 

in any and every program authorized by Congress and that funds 

for such projects should flow directly to tribes and not necessarily 

run through State governments. 

Not all tribes have a good relationship with their State governments. Fortunately, we do, but that is not always the case. 

23 

Again, we believe tax reform would present great opportunities 

to incentivize tribal investment and bring badly needed opportunities to Indian Country. Your success in these efforts would have a 

tremendous positive impact on Indian Country. 

The Chickasaw Nation works closely with the Federal Government in the provision of a wide variety of services to our citizens 

including programs addressing suicide prevention, mental health 

and substance abuse, child welfare, domestic violence and sexual 

assault. 

We administer many of these Federal programs under self governance compacts and have been a leader in the IHS Joint Venture 

Program and other joint venture activities. We commend you and 

ask that Secretary Zinke continue his commitment to ensuring that 

the compacting system remains strong. 

We appreciate passage of the Violence Against Women Act by 

Congress which is key to the protection and well being of Indian 

women, which is among the most basic responsibilities of any government. 

Education is a high priority for the Chickasaw Nation. We believe that preparing our people for the future and giving them the 

right tools for success begins with education. 

Broadband Internet availability is an important aspect of the infrastructure challenges facing Indian Country. Tribal citizens access only Internet connectivity speeds that are far below the FCC 

broadband standard. 

We believe that Interior could help to facilitate the infrastructure 

challenges in Indian Country and would ask you to work with the 

FCC to make that happen, Mr. Secretary. 

We would ask the government to continue to provide supportive 

funding for tribal repatriation efforts in protecting our sacred 

lands. Further, we would ask that you consider developing legislation to aid indigenous people seeking international return of our 

ancestors and the items of cultural patrimony. 

We support the Department of the Interior in reforming the Indian Trader Act and the attendant regulations. We encourage the 

Department to both modernize the regulatory framework and 

streamline mechanisms for tribes to conduct direct oversight of the 

Federal regulatory system via the appropriate self governance compacts. 

We look forward to working with you, Mr. Secretary. I thank you 

for your service and look forward to answering any questions you 

may have. 

[The prepared statement of Mr. Keel follows:] 

PREPARED STATEMENT OF HON. JEFFERSON KEEL, LIEUTENANT GOVERNOR. 

CHICKASAW NATION

Chairman Hoeven, Ranking Member Udall and members of the Committee, thank 

you for inviting me to testify in today’s important hearing to identify Indian Country priorities for the new Trump Administration. My name is Jefferson Keel. I serve 

as the Lieutenant Governor of the Chickasaw Nation and speak today on behalf of 

Chickasaw Nation Governor Bill Anoatubby and the people of the Chickasaw Nation. 

We look forward to working with and supporting Secretary Zinke in protecting our 

treaty rights and carrying out the federal trust relationship to tribes. Full federal 

recognition of tribal sovereignty, as that status is recognized in the United States 

Constitution, is of paramount importance to Indian country. We look to this ConVerDate Mar 15 2010 10:45 Jan 24, 2018 Jkt 028358 PO 00000 Frm 00027 Fmt 6633 Sfmt 6621 S:\DOCS\28358.TXT JACK
24 

gress and the Trump Administration to continue the long-standing federal policy of 

engaging with tribal sovereigns on a government-to-government basis. This principal is fundamental to all issues that will come before you arising from Indian 

country. 

Federal policies supporting American Indian tribal self-determination and selfgovernance grows directly from the government’s respect for the importance and 

value of tribal sovereignty. It is a simple fact that these policies work because they 

rest on the core principal that tribal peoples are in the best position to address the 

issues affecting their own communities. This Committee has helped lead the way 

in crafting policies that support tribal self-determination and self-governance, and 

while we have accomplished great things, much remains to be done. 

All too often, federal statutes and regulations treat tribal governments differently 

than every other form of government. While the Constitution establishes tribal governments as sovereigns with rights and responsibilities similar to those of states, 

in practice, policies are almost always more restrictive for tribes. Indian country 

has, accordingly, long called for parity—for the treatment of tribal sovereigns in a 

manner consistent with what states and other sovereigns within the United States 

system are afforded by federal law. Indeed, given the federal fiduciary obligation to 

protect tribal sovereignty, we believe our argument for such treatment is even 

stronger than the states, in many instances. 

We commend the new administration’s policy to affirm and commit to existing 

tribal consultation policies, which establish frameworks for meaningful governmentto-government engagement and collaboration. We believe such frameworks are essential to a high functioning federal-tribal dynamic and call on this Congress and 

Administration to deepen and enhance its commitment to effective consultation, 

wherever and whenever possible. We believe all executive departments and agencies 

should consult and collaborate with tribes on the development of federal policies 

with tribal implications, and we believe this is true whether the government is considering the establishment of a new statutory or regulatory provision or the repeal 

or abrogation of an existing one. Doing so will strengthen our government-to-government relationship and further empower the unparalleled progress made in Indian 

country since the advent of these policies in the late-1960s. 

One example of this body’s pragmatic responsiveness to strengthening the federal 

law’s provision of parity to tribal sovereigns is recent action relating to the National 

Labor Relations Board. Several years ago, the Board administratively set aside decades of settled policy and law and determined, notwithstanding its own profession 

of having no expertise in federal Indian law, that tribal actors are not all entitled 

to the protection of tribal sovereignty. Specifically, the Board concluded that nontribal labor organizations could assert the protections of the National Labor Relations Act against tribal government employers—treating tribal governments in a 

manner that no state or territory has ever been subjected to. The Chickasaw Nation 

litigated the matter for several years before the Board finally acknowledged that our 

sovereignty and treaties with the United States demand the parity of treatment we 

claimed. But other tribes do not benefit from our treaties, and nothing necessarily 

precludes the Board from again changing its mind as to what respect it should afford these sources of federal law. I want to thank this committee and our champion 

on this issue, Sen. Jerry Moran, for recognizing the untenable position in which this 

put tribal sovereigns and the quick approval of S. 63, the Tribal Labor Sovereignty 

Act. Mr. Chairman, I respectfully urge you to work closely with your colleagues to 

bring this important issue to a vote by the full Senate as soon as possible. Basic 

fairness and adherence to long-standing policies regarding tribal sovereignty would 

support such action. 

We also urge swift action to reauthorize the Native American Housing Assistance 

and Self Determination Act (NAHASDA) by the committee and the Senate. For several years running, the House has overwhelmingly passed a NAHASDA reauthorization with a large bipartisan majority, but Indian country has been forced to wait 

on reauthorization in the Senate because one or two senators have put holds on the 

measure—blocking the will of the body and ignoring the needs of Native peoples. 

This issue is too important to let another two years go by without approval. Indian 

country and this successful program deserve better. 

Another timely issue of critical concern is the status of the Indian Health Care 

Improvement Act. That measure was permanently reauthorized after a decade-long 

bipartisan effort to enact the measure; however, it was unfortunately tucked into 

the Affordable Care Act in 2010. The Indian Health Care Improvement Act, which 

stands apart from the rest of the Obamacare measures, is critical to the provision 

of health care throughout Indian country and must be safeguarded in any effort to 

change federal health care laws. 

25 

There are a number of other issues inside the Affordable Care Act that I would 

like to bring to the committee’s attention. We believe, for example, that the employer mandate represents an unwarranted intrusion on tribal self-government. In 

addition to health services to our tribal citizens, the Chickasaw Nation provides generous health care insurance coverages to all its employees—benefits that far exceed 

the standards in the prevailing market—and the Act’s mandate created complications and burdens where no problem could be shown. We would also point out that 

the Act uses a definition of Native Americans that differs from that found in other 

parts of the U.S. Code and the regulations, which has been widely acknowledged 

as a drafting error over the years. We urge the committee to correct this error in 

any legislation on the subject. Finally, tribal health departments have well developed third party payer arrangements with Medicare, Medicaid, the Department of 

Veterans Affairs, and other federal programs. Congress should pay careful attention 

to nuance and detail in overhauling the Act so that these relationships are not inadvertently disrupted or unsettled. 

We applaud the President’s commitment to the veterans who have served and 

proudly serve today to protect our great nation. On a daily basis active duty members become veterans, and too many veterans return home to find that their greatest challenges still lie ahead. The Chickasaw Nation is committed to finding the 

path for our veterans to become leaders, both in the community and tribal government, teachers, business owners, active citizens and successful parents. We work 

closely with the U.S. Department of Veterans Affairs and have established a good 

relationship with the Office of Tribal Government Relations in the VA. 

President Trump has spoken for many months about a wide-ranging infrastructure package. We support the concept of vigorously investing in our nation’s roads, 

airports, waterways, water and sanitation systems, and other critical infrastructure. 

Indian country has, for generations, faced chronic shortages of public and private 

investment in this area, which adversely affects public safety as well as opportunities for sustainable economic development and self-sufficiency. We believe tribes 

should be full participants in any and every program authorized by Congress for the 

rehabilitation of aging or the development of new infrastructure. We further believe 

funds for such projects should flow directly to tribes rather than be run through 

state governments, which have not always adequately addressed Indian country 

needs. In Oklahoma, we work closely with our colleagues in local government and 

the Oklahoma Department of Transportation to identify and execute projects that 

help the entire community but are of particular importance to tribal citizens. Without an ability to bring funds under our control to the bargaining table, tribal needs 

and interests would likely not receive the prioritization they deserve. 

We believe tax reform would present great opportunities to incentivize tribal investment and bring badly needed opportunities to Indian country. We commend the 

Native American Financial Officers Association and the outstanding work they have 

done identifying workable tax and pension reforms that would have an immediate 

beneficial impact on tribal economies. In particular, we commend efforts to repeal 

the ‘‘essential governmental function’’ rule that applies to tribal bonds and which 

forces tribes to maintain two separate pension or employee retirement programs. 

Members of this committee and the Senate Finance Committee have been working 

hard to address this particular matter, and we thank you. Your success in these efforts would have tremendous positive impact on Indian country. 

We also believe that the New Markets Tax Credit program has already demonstrated its utility for Indian country development and suggest the program should 

be expanded and stabilized. The Chickasaw Nation was recently awarded a $20 million allocation and is facilitating economic development projects throughout Indian 

country with these monies—projects that are creating jobs, enhancing infrastructure, and deepening service provision and tribal entrepreneurship. We previously 

used a New Markets Tax Credit allocation to completely redevelop an outdated and 

dilapidated Indian Health Service facility in Ada, Oklahoma, to serve now as the 

Carl Albert Service Center, a multi-purpose tribal government facility. Both the construction and the operation of this new facility has been an economic and programmatic boon to the community. We believe Congress should support the allocation of a stable revenue stream to support the implementation of this program in 

Indian country. 

The Chickasaw Nation works closely with the Federal Government in the provision of a wide variety of services to our citizens. Often times, we administer federal 

programs under 638 self-governance compacts. We have been a leader in the Indian 

Health Service’s joint venture program—which we used in conjunction with $220 

million of our own funds, to construct and equip three health facilities, including 

the 80-bed Chickasaw Nation Medical Center in Ada, Oklahoma, which serves 

American Indians throughout southeast Oklahoma. Our facilities in Ada, Ardmore, 

26 

and Tishomingo provide critically needed health services in this region, which we 

operate in conjunction with other services and programs addressing suicide prevention, mental health and substance abuse, child welfare, domestic violence, and sexual assault. Without continued federal support for self-governance compacts, Indian 

country, American Indians, our citizens would be deprived of these programs and 

services, and we commend you for your continued commitment to ensuring that the 

compacting system remains strong and vital to the federal-tribal relationship. 

We appreciate Congress’s passage of the Violence Against Women Act, which statute is key to the protection and well-being of American Indian women—among the 

most basic responsibilities of any government. This legislation provides American 

Indian tribes the tools to enable to do even more to help keep Native American 

women safe through effective law enforcement and prosecution. We thank you for 

your continued support for this measure, now and when it is due for reauthorization. 

Our own work under the Violence Against Women Act supplements our other law 

enforcement programs throughout the Chickasaw Nation. We have made it a priority to work closely with federal, state and local law enforcement agencies within 

a complicated jurisdictional landscape to protect and serve all citizens of Oklahoma, 

and federal support for these efforts through the Self-Governance Compact and 

Community Policing Act is important to continued success of the Chickasaw 

Lighthorse Police. 

Additional governmental services include the Johnson-O’Malley education program, high school equivalence tutoring and testing. Education has long been a high 

priority for the Chickasaw Nation. Therefore, we request the Chickasaw Nation 

High School Equivalency (HSE) testing centers and certification and transcript 

issuing processes be certified and recognized by the U.S. Department of Education. 

While the U.S. Department of Post-Secondary Education currently only recognizes 

state-issued HSE transcripts, the Chickasaw Nation HSE testing center policies are 

set up to adhere to equivalent security and testing practices as those of state recognized testing centers. We have a signed and approved Educational Testing Service 

contract in place to provide the HiSET exam which is one of three HSE tests federally recognized by the U.S. Department of Education and has been approved in 21 

states. The exam aligns itself to the College and Career Readiness Standards for 

Adult Education. 

Broadband Internet availability is an important aspect of the infrastructure challenges facing Indian Country. Tribal citizens access only Internet connectivity 

speeds that are far below the FCC broadband standard. This limitation stifles economic development, technical advances like tele-medicine, and negatively impacts 

education by accelerating the already increasing homework gap. Current federal 

funding models are aimed primarily at for-profit businesses and often focus on specific institutions that provide too little service to those in need. Tribes are dedicated 

to improving the lives of the traditionally underserved including tribal citizens, 

rural schools and health care institutions, and those living in economically depressed areas. Directing funds to groups such as tribes could improve the likelihood 

of these funds benefiting those who need it most, and we ask that you remember 

Indian country when considering any measure to upgrade the country’s Internet 

availability. 

Chickasaw identity is founded upon a unique and special heritage embodied in 

our language, our sacred sites and our traditional knowledge. Repatriation of our 

ancestors’ remains is extremely important to us. The repatriation process, however, 

can take many years to complete. The Chickasaw Nation aboriginal homeland in the 

southeastern United States is rich with generations of our ancestors, including archaeological sites and sacred burial places. In 2016 the Chickasaw Nation actively 

pursued 21 repatriations, which will allow us to take care of 4,034 of our ancestors 

and thousands of their funerary objects. We ask the government to continue to provide supportive funding for tribal repatriation efforts, both culturally affiliated and 

culturally unidentifiable. We further ask that you consider developing legislation to 

aid indigenous peoples seeking the international return of ancestors and items of 

cultural patrimony. 

Finally, I want to touch on a recent announcement by the Department of the Interior about reforming the Indian Trader Act and attendant regulations. We believe 

this effort to be representative of the well-intended work by career staff across Administrations of both parties. We support this effort and believe there is good work 

to be done on this front. We would, and will, encourage the Department both to 

modernize the regulatory framework and to streamline mechanisms for tribes to 

conduct direct oversight of the federal regulatory system via appropriate self-governance compacts. We would, and will, also urge the Department to proceed carefully 

in its effort—with the principal of ‘‘do no harm’’ clear and foremost in mind. Given 

27 

the complexities of the federal common law of Indian affairs, any statutory and regulatory change must be approached carefully and with due consideration of potential 

unintended consequences. Indeed, a number of important Supreme Court decisions 

rest on the preemptive scope of the Indian Trader Statutes and implementing regulations. In attempting any update of those laws, the Department must not displace 

or alter the careful balance of sovereign interests that those decisions uphold. While 

we support update and reform—indeed, we would applaud it—we also ask that caution be observed in all future actions. 

Thank you for your time and for holding this important hearing. I look forward 

to answering your questions. 

STATEMENT OF HON. JOHN BARRASSO, 

U.S. SENATOR FROM WYOMING 

Senator BARRASSO. [Presiding.] Thank you very much, Lt. Governor Keel. 

I would next like to add my welcome to Chairman Torres to that 

already offered by Senator Udall. 

We will next hear from the Honorable Paul Torres, Chairman of 

the All Pueblo Council of Governors from New Mexico. Welcome. 

STATEMENT OF HON. PAUL TORRES, CHAIRMAN, ALL PUEBLO 

COUNCIL OF GOVERNORS 

Mr. TORRES. [Greeting in native language.] Good afternoon, 

Chairman Hoeven, Vice Chairman Udall and members of the Committee. 

Thank you for this opportunity to testify. My name is Paul 

Torres. I am the Chairman of the All Pueblo Council of Governors 

in New Mexico, consisting of 20 Pueblos, 19 in New Mexico and 1 

from Texas. I have also served as Governor for the Pueblo of Isleta 

for two terms. 

My oral testimony will focus on three APCG priority issues for 

the Trump Administration. One is tribal consultation; two, the Federal Indian budget; and three, Indian health care. 

The Federal Government’s trust responsibility to tribes is fulfilled, in part, by regular, direct and meaningful tribal consultation. 

Such consultation provides tribal leaders with an opportunity to 

educate Federal officials on the impact of Federal actions on tribal 

communities. Meaningful consultation means tribal consent for 

Federal actions that could significantly impact tribal interests. 

Without a consent requirement, too many Federal officials simply 

check the box of tribal consultation with terrible consequences for 

tribes and the Nation. 

We urge the Trump Administration to reaffirm the practice of 

meaningful government-to-government consultation and to continue the White House Tribal Nations Conference so the President 

can hear firsthand from tribal leaders on a regular basis. Because 

of the Federal Government’s trust responsibility, which arises out 

of a long and at times tortured history between indigenous tribal 

governments and the United States, both Congress and the Executive Branch are obligated to protect the interests of Indian tribes 

and communities. 

Much of that obligation is reflected in the Federal budget which 

supports tribal governments and funds education, health care, public safety, transportation and economic development initiatives on 

Pueblo and tribal lands. 

28 

The across-the-board cuts to non-defense discretionary spending 

proposed by the Administration are alarming. Just like sequestration, these cuts would hurt the Pueblo severely. The majority of the 

Federal programs in Pueblo Country are underfunded, discretionary in nature and not exempt from the President’s plan. Pueblos are more severely impacted by Federal budget cuts than most 

other communities. 

Congress did not confine funding for Pueblo programs to the Department of the Interior and the Bureau of Indian Affairs. Congress embedded significant funding in the EPA, the Forest Service, 

the USDA, Energy, Education, Health and Human Services, Commerce, Housing and Urban Development and other agencies. Budget cuts to these departments therefore post an immediate negative 

impact and unacceptable risk to the health, safety and welfare of 

our people and our lands. 

We urge the Trump Administration and the Congress to exempt 

Indian Country programs from any proposed budget cuts or sequestration to avoid a disproportionate impact on Pueblos and other 

tribes. Instead, we ask that you increase resources to historically 

under-funded programs like those dealing with health, education 

and housing. We also support a budgeting process that allocates 

Federal funds based on need rather than a specific formula. Such 

an approach would assure that each Pueblo and tribe, without regard to size or land area, would receive the funding support that 

it needs. 

The Indian Health Care Improvement Act is one part of the Affordable Care Act, although it was developed independently. Any 

revision to the Affordable Care Act we ask and the trust responsibility requires that the Indian Health Care Improvement Act be 

protected and not repealed. 

In addition to the Indian Health Care Improvement Act, the ACA 

also contains several other Indian-specific provisions that directly 

relate to Indian health including Medicare, Part B billing, tax exclusions for Indian health benefits, and payer of last resort provisions. These provisions are crucial in supporting access and delivery of quality health care services in Indian Country and should be 

protected all the time. 

Pueblo leaders are also concerned about congressional proposals 

to sunset Medicaid expansion which has been critically important 

to Indian Health Service and tribally-run facilities. Medicaid expansion should be maintained in States that have chosen to participate and expanded to others within Indian Country. 

Thank you, Mr. Chairman and members of the Committee, for 

the opportunity to testify on these complex and critical issues. We 

look forward to working with you and the new Administration on 

advancing these and other priorities for Pueblo Country. 

[Phrase in native language.] 

[The prepared statement of Mr. Torres follows:] 

PREPARED STATEMENT OF HON. PAUL TORRES, CHAIRMAN, ALL PUEBLO COUNCIL OF

GOVERNORS

Thank you Chairman Hoeven, Vice Chairman Udall, and members of the Committee for this opportunity to provide testimony on Identifying Indian Affairs priorities for the Trump Administration. The All Pueblo Council of Governors in New 

29 

Mexico thank you for your dedicated work as champions of Indian Country in the 

United States Senate. 

My name is Paul Torres and I am the Chairman of the All Pueblo Council of Governors (APCG), which is comprised of tribal leaders (Governors) from the 19 New 

Mexico Pueblos and the Pueblo of Ysleta Del Sur in El Paso, Texas. I also serve 

as the Governor of the Isleta Pueblo. The APCG is the oldest Native American 

group of tribal leaders, constituted and formed in 1598. Collectively, the leadership 

of the APCG is respectful of the historic relationship between the Pueblos and the 

U.S. Government. In the spirit of cooperation, based on respect and full consideration of the sovereign status of tribes, the leadership of the Pueblos wishes to establish a meaningful relationship with the new Administration. In order to maintain 

trust and good will, the All Pueblo Council of Governors offer these statements of 

concern and policy considerations for the benefit of the Trump Administration. 

Introduction 

The history of the Pueblos has its beginnings over 10,000 years ago. Many still 

occupy their traditional homelands, with their original governmental structures 

sound, their languages, ceremonies, and their belief systems still intact. They have 

a long and varied history dealing with foreign governments such as Spain and Mexico. Unlike other tribes in the United States, Pueblo land status is unique and falls 

under the 1848 Treaty of Guadalupe Hidalgo, 9 Stat. 922 (1948). The leadership of 

the All Pueblo Council of Governors stands committed to strengthening their relationship with the United States Government. We look forward to working with the 

new Administration to collectively tailor an approach that recognizes and acknowledges tribal sovereignty, assures a continuous government to government relationship, allows tribal economies to achieve their full economic potential, is respectful 

of traditional belief systems and draws on the intellectual capacity, talent and contributions of Pueblo People to the growth and development of this great country. 

1. Government-to-Government Consultation 

The U.S. Constitution acknowledges that Indian Nations, Tribes, and Pueblos are 

separate distinct governments within our federalist system. The historic roots of the 

government-to-government relationship between the Pueblos and the United States 

Federal Government are symbolically embodied in the ‘‘Lincoln Canes.’’ President 

Lincoln gifted the canes to the Pueblos in 1863 as a formal acknowledgement of 

their inherent right to self-governance. Passed down through the generations, the 

canes serve as revered symbols of tribal sovereignty, governing power, and authority 

over tribal land, natural resources, and residents. 

Establishing a strong Federal Government-to-government relationship with all 

tribes was formalized in modern times by a number of Republican Presidents including President Nixon, who supported and signed off on major Native American legislation, and President Ronald Reagan through his Native American policy positions. 

Presidents George W. Bush and his father George H.W. Bush affirmed governmentto-government consultation requirements. 

Of critical importance are long-standing Executive Orders requiring regular and 

meaningful consultation between the Administration and all federally recognized 

tribes on matters that have tribal implications. The Executive Orders on consultation seek to ensure respect for and the strengthening of the tribal-federal relationship, and to reduce the imposition of unfunded federal mandates upon Indian tribes. 

These orders require federal agencies to meaningfully consult with Indian tribes 

prior to formulating policies that could affect tribal governments or tribal communities. These Executive Orders have provided the Pueblos opportunities for dialogue 

with federal agencies on issues that directly affect tribal communities and are pertinent to the Federal Government’s trust responsibility—a legal and moral obligation 

by the Federal Government to tribes. While not perfect, the consultation process is 

key to forging a strong government-to-government relationship. We urge the Trump 

Administration to reaffirm and strengthen the practice of meaningful tribal consultation and communication long carried out by prior administrations and Presidents intent on recognizing and respecting the American Indian and Alaska Native 

people of America. 

2. Federal Trust Responsibility—an Obligation to Indian Tribes 

The United States Constitution, treaties, federal statutes, executive orders, Supreme Court precedent, and other agreements set forth the federal government’s 

recognition of Indian tribes as sovereign nations with inherent powers of self-governance over their communities and tribal members. They also establish the Federal 

Government’s trust responsibility to protect the interests of Indian tribes and communities. The federal workforce and annual budgeting process help fulfill these 

unique obligations to Indian tribes by carrying out the federal government’s commitVerDate Mar 15 2010 10:45 Jan 24, 2018 Jkt 028358 PO 00000 Frm 00033 Fmt 6633 Sfmt 6621 S:\DOCS\28358.TXT JACK
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ment to work with tribes on a government-to-government basis by ensuring the effective administration and funding of Indian Country programs. 

Federal Indian Budget 

The Trump Administration recently released its budget blueprint for Fiscal Year 2018 in which the President proposes to cut approximately $54 billion in discretionary non-defense spending. These across-the-board cuts are alarming because the 

majority of programs serving Indian Country fall under the category of discretionary 

spending and are not exempted under the President’s proposed plan. These programs exist across the Federal Government in agencies such as the Bureau of Indian Affairs, Indian Health Service, Department of Agriculture, Forest Service, and 

the Environmental Protection Agency, among many others. Budget cuts to these 

programs pose an immediate and unacceptable risk to the health, safety, and welfare of our people, lands, and natural resources. When combined with the fact that 

Indian tribes are more reliant on federal funds than most other communities, it becomes clear that any comprehensive cuts to the federal budget without specific 

carve-outs for Indian Country programs will necessarily have a disproportionate impact on tribes. We, therefore, urge the Trump Administration to exempt Indian 

Country programs from any proposed budget cuts to fulfill the federal government’s 

trust obligations to Indian tribes. 

Providing sufficient federal funding to meet the critical needs in Indian Country 

is a chronic and well-documented challenge. The Pueblos support a budgeting process that allocates federal funds based on need, rather than a specific formula. Such 

an approach would be responsive to the range of needs and internal capacities of 

federal agencies administering Indian programs. Needs-based federal funding also 

would provide agencies such as the Indian Health Service, Bureau of Indian Affairs, 

and the Bureau of Indian Education with the resources necessary to begin to recover 

from years of underfunding and program cuts. 

Federal Hiring Freeze and Proposed Workforce Reduction 

Endemic vacancies in the workforce pose a constant challenge to federal programs 

serving the complex needs of Indian Country. The Indian Health Service, in particular, struggles to recruit and retain qualified medical and administrative staff at 

its facilities, despite the continual increases in the number of Native patients using 

their services. The federal hiring freeze and proposed federal workforce reduction 

threaten to severely diminish the already strained ability of these programs to provide high quality services to our people—services that the Federal Government is 

obligated to provide as part of its treaty and trust responsibilities to Indian tribes. 

The Pueblos, therefore, urge the Trump Administration to adopt measures that ensure the federal hiring freeze and proposed federal workforce reduction will not 

apply to programs serving Indian tribes. 

3. Infrastructure—a Requirement for Economic Advancement 

Deficiencies in Infrastructure Limit Development and Housing Opportunities 

Many Pueblos are economically distressed rural communities. Infrastructure development is key to developing, diversifying, and sustaining tribal and rural economies. However, most tribal lands have conditions that require intense overhauling— 

roads are often unimproved, utilities are insufficient, and Internet and broadband 

barely exists. In addition, other types of infrastructure critical to creating vibrant 

tribal communities, including residential construction, are deficient or lacking. The 

result is a severe housing shortage on tribal lands. 

Limited Access to Capital Restricts Economic Development 

Tribal business transactions have become increasingly sophisticated and often involve non-native partners, investors, and lenders. However, limited access to capital 

and financing remains one of the most significant barriers to Pueblo economic development. Tribes across the country spend an incredible amount of time and resources 

defining, developing, and defending programs, but programs alone do not transform 

economies and communities the way economic investment does. It is important to 

create investment funds, resources, and models that are mutually advantageous to 

tribes and investors for economic advancement, stability and diversification. The opportunity for a decent income, a desirable job, a comfortable living and a chance to 

provide for family is a desire of all Americans. 

Build-Out of Digital Infrastructure Can Bridge the Urban-Rural Divide 

In this modern technological age, a great digital divide exists and needs to be 

filled in order for tribal governments to function, for schools to provide sound educational opportunities, and for tribal communities to maintain consistent communication beyond tribal boundaries by acquiring technological information, data and 

31 

research. Digital infrastructure allows remote access to high school, secondary and 

post-secondary education on-line courses, as well as medical care technology, which 

may otherwise be difficult, if not impossible, to access in many rural communities. 

Better access to digital infrastructure such as broadband, Internet services, and digital platforms, is also essential for business development, which will be key for economic participation and competition by the Pueblos. 

The Pueblos are Major Contributors to the Southwest Economy 

Pueblo governments and Pueblo owned business enterprises are collectively 

among the largest employers in the state, providing thousands of jobs in many rural 

areas of New Mexico. Most recent job figures put the number of jobs provided by 

tribal governments and enterprises at nearly 18,000 statewide in various industries. 

Non-Indians hold nearly 75 percent of these jobs. Some of the Pueblos have become 

regional economic engines. In the case of most tribal enterprises, these jobs stay in 

the community. Many tribal members also spend their money off reservation, pay 

federal taxes, and in many instances pay other taxes such as property and state income taxes. Pueblo members engaged in off-reservation commerce also pay gross receipts and other taxes. All this contributes to tribal, state and local economies. The 

Pueblos struggle with uniquely burdensome federal restrictions and regulations, 

poor infrastructure and other challenges that limit their economies from flourishing. 

Pueblo leadership, therefore, places a high priority on economic development and diversification and the creation of well-paying sustainable jobs for our people. 

Tax Policy 

Pueblos are functioning governments with a unique place in the federal legal system. This causes complications, not the least of which occur in the tax arena. Any 

legislation addressing tax reform should address these issues by clarifying how tribal governments will be treated, thereby eliminating the disparate treatment of tribal 

governments and reducing confusion. 

What the Pueblos Support 

In order to continue and enhance their contribution to the tribal, state and national economic landscape, the Pueblos support infrastructure and tax reform such 

as: funding for on-reservation infrastructure projects that promote sustainable job 

creation initiatives and that attract investment to Indian Country; strengthened 

housing for Pueblo communities provided under the Native American Housing and 

Self Determination Act of 1996; the provision of direct access to federal Low Income 

Housing Tax Credits; clarification of the treatment of Indian tribes and Pueblos as 

other governments for purposes of federal tax provisions such as tax-exempt bonds, 

pensions, charities, the child adoption tax credit and other provisions; and tax and 

infrastructure policies that encourage investment on tribal lands. 

4. Ensure Affordable, Accessible Quality Healthcare 

Native Americans have some of the worst health statistics in the country. The Indian Health Service (IHS) is the primary source of healthcare for Native Americans. 

However, the IHS has never been fully funded, and as a result, services are rationed, limited, inconsistent, unreliable and sometimes taken at ‘‘your own risk.’’ In 

addition, many tribes now pursue P.L. 93–638 contracting and/or compacting of 

services from IHS. This trend is an indicator that tribes believe healthcare can be 

better provided by other delivery mechanisms in addition to IHS. To promote and 

provide reliable and quality health system and services, it will be important for this 

Administration to develop policies that significantly improve the IHS budget and 

also allow for other forms of healthcare delivery to tribal communities. 

Preserve the Indian Health Care Improvement Act 

The Indian Health Care Improvement Act (IHCIA) provides the basic program, 

structure, management, and budget formulation for the Indian Health Service 

(IHS). The IHCIA was permanently enacted by cross reference in Section 10221 of 

the Affordable Care Act (ACA). Although the ACA was the legislative vehicle 

through which the IHCIA reauthorization was passed, the IHCIA predates and is 

independent from the ACA. Woven throughout the ACA are other provisions that 

directly pertain to Indian health, including Medicare Part B billing (Section 2902), 

tax exclusions for Indian health benefits (Section 9021), and payer of last resort provisions for Indian health programs (Section 2901). The IHCIA also allows IHS and 

tribal health programs to collect Medicare and Medicaid reimbursements for services provided to Native patients at non-IHS facilities. Because the IHS has been historically underfunded at only 43 percent of need, these third-party payments are a 

critical source of supplementary financial assistance for the delivery of Indian 

healthcare services. The Pueblos urge the Trump Administration to preserve the 

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IHCIA and protect Indian-specific provisions of the ACA in the course of any effort 

to repeal or amend the ACA. 

Maintain Medicaid Expansion to Protect Indian Health Benefits 

Pueblo leaders are concerned that a number of the ACA-related proposals would 

sunset Medicaid expansion, which has provided desperately needed funding to supplement woefully underfunded Indian healthcare providers, including IHS and tribally-run facilities. Due to funding limitations, many IHS facilities have had to reduce direct access to specialty care providers, intensive care, inpatient care, and 

emergency room services. Medicaid expansion and Marketplace coverage allow Native patients to access these services at private or non-IHS facilities at reduced cost. 

The Pueblos urge Congress to maintain increased patient access to critical services 

through Medicaid expansion. 

Additional congressional proposals would cap Medicaid funding by moving to a 

block grant or per capita allocation formula rather than a Federal Medical Assistance Percentage (FMAP) formula, which could transfer or shift Medicaid funding responsibilities from the federal government to state Medicaid programs. Under 

FMAP, the federal government covers 100 percent of Medicaid costs for Medicaideligible services ‘‘received through’’ an IHS or tribal healthcare facility, including 

through the Purchased/Referred Care (PRC) system. The 100 percent FMAP program alleviates state costs associated with the provision of Medicaid services, helps 

tribes with service delivery and data collection management, and improves patient 

access to critical care. 

The increase in reimbursements through Medicaid expansion has strengthened 

the internal capacity of our Pueblos to meet the healthcare needs of communities. 

For example, Santo Domingo Pueblo has expanded access to diabetes care, dental 

health programs, and behavioral health services, while also adding over thirty employees to the local workforce. Taos Pueblo also recently opened a residential substance abuse and mental health treatment center focused on the needs of Native 

youth, and the Pueblo of Jemez Comprehensive Health Center was designated as 

a full-service Federally Qualified Health Center (FQHC) capable of receiving special 

Medicare and Medicaid reimbursement. The Pueblos urge Congress to maintain 

Medicaid expansion in those states that have chosen to participate to protect Indian 

health benefits and advance the delivery of desperately needed services in Indian 

Country. 

Exempt the IHS from Federal Budget Sequestration 

Access to and the delivery of quality healthcare in Indian Country is further complicated by annual cuts to the IHS budget due to sequestration. All other critical 

healthcare agencies, such as Veterans Affairs, were exempt from the full effect of 

funding reductions during the federal budget sequestration of 2013—except for the 

IHS. The disruption in federal funding has resulted in a loss of over $219 million 

and counting from the IHS budget. This translates into immediate and long-lasting 

negative health impacts through lost resources for primary and preventative 

healthcare services, staff recruitment and training, and other programs serving our 

communities. The Pueblos recommend that the IHS be given parity with other 

healthcare agencies through an exemption from sequestration, as well as any 

freezes of the federal budget. 

What the Pueblos Support 

The Pueblos understand that the new Administration has made it a priority to 

repeal and replace the ACA to revise its terms and improve affordability. However, 

they caution that repealing or amending the ACA might do unintentional but catastrophic harm to Indian healthcare delivery and access. To this end, the Pueblos respectfully request the Administration to exempt the Indian Health Care Improvement Act Reauthorization of 2010 from repeal efforts, preserve Indian-specific provisions of the ACA, consider Indian health care programs and services as mandatory 

spending programs, and exempt them from the potential return of sequestration to 

the federal budget, and to consider funding increases to Indian health programs and 

services and policy initiatives that provide alternatives for quality health care. 

5. Land Base, Water and Natural Resources—Important Tribal Assets 

Continuation of the Land-into-Trust Program 

As sovereign tribal nations, the Pueblos exercise an inherent right to self-governance that is strengthened by our ancestral connections with the land. The ability 

of the federal government to take land into trust on behalf of tribes is, therefore, 

essential to our self-determination. Trust lands enable us to provide a homeland for 

our people as well as a base from which to offer essential governmental services, 

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such as, housing, education, healthcare, and economic development opportunities. 

Trust lands also facilitate the expression of our identity as Pueblo people by protecting the natural and cultural resources that form the bedrock of our traditional 

practices. We urge the new Administration to continue to support the land-into-trust 

program as a means of strengthening tribal governments, economies, and communities across our great country. 

Wise Stewardship of Natural Resources 

The stewardship of land, minerals, water and other natural resources is key to 

both the economic well-being of Pueblo people and to their cultural survival. Every 

day the Pueblos strive to balance these interests. 

The vast majority of federal lands are carved out of the ancestral homelands of 

Indian tribes. The historical and spiritual connection of tribes to federal lands was 

never extinguished. Courts acknowledge that Indian tribes retain rights to hunt, 

fish, and gather on federal lands. Federal laws acknowledge the continued right of 

tribes to access federal lands to pray, conduct ceremonies, and gather medicinal 

plants. Federal laws and executive orders also require federal land managers to consult with tribal governments prior to taking action that would affect the integrity 

of federal lands. For example, the Pueblo of Laguna is working with the Department 

of Agriculture and the Forest Service as a Cooperating Agency in the preparation 

of an Environmental Impact Statement for the Cibola National Forest Plan Revision. Such beneficial partnerships better ensure that tribal interests are taken into 

consideration in the development of the federal land resource and management 

plans. 

The Pueblos ask the Trump Administration to partner with them in strengthening 

these rights and access to ancestral homelands and sacred places located on federal 

lands. If the Administration considers transferring lands out of federal control, we 

respectfully ask that the Pueblos be provided the right of first refusal to ancestral 

homelands and sacred places. Pueblos and other tribes are proven stewards and 

managers of their lands and forests. Protection of and access to natural resources 

is important not only to the Pueblos but to all Americans. 

Affirming Tribal Water Rights and Water Quality 

The Pueblos have been engaged in major court battles to secure tribal water 

rights as provided under federal law. The federal government must remain committed to supporting tribal water claims. Pueblo water rights are not mere claims 

on paper, but reflect a long term, historic Pueblo presence, cultural identity and 

willingness and desire to live on their traditional, ancestral lands. The settlement 

of these rights also provides stability and economic benefits to surrounding communities. For these reasons, water, land and air must remain protected from contamination that results from mining and extraction activity including uranium mining, 

oil and gas production and transportation. All such activity that would affect tribal 

interests should be advanced only with tribal consultation and consent. 

Preservation of Bears Ears National Monument 

In keeping with our traditional role as stewards of the land, the All Pueblo Council of Governors has worked closely with federal, state, and local governments to 

protect important landscapes and cultural sites in the southwest, including the area 

now known as the Bears Ears National Monument in Utah. Our ancestral ties to 

the Bears Ears cultural landscape extend to time immemorial and can be traced 

through the ancient roads, dwellings, petroglyphs, and ceremonial features that continue to enrich the region today. However, these sites are under constant threat by 

erosion, vandalism, looting, and indiscriminate damage through off-road vehicle use, 

as well as the general degradation of wildlife and plant habitats that are significant 

to our traditional practices. We urge the Trump Administration to preserve the designation of Bears Ears as a National Monument to support the permanent, longterm protection of the land and its invaluable cultural and natural resources. 

Protecting Tribal Cultural Patrimony 

Disturbing and unsettling occurrences at national and international auction 

houses as well as in the art world have led to outrage and condemnation by many 

tribes throughout the United States, including the Pueblos. These occurrences include the illegal trafficking in and the selling of Native American cultural property—items considered sacred, sacrosanct, used in worship, and should never to be 

given away or sold. These items are not works of art; they are integral parts of a 

Pueblo’s living cultural identity and spiritual practices. 

We remain grateful to the leadership of the Senate Indian Affairs Committee for 

your support of the PROTECT Patrimony Resolution, H. Con. Res. 122 (Dec. 2016). 

The Resolution puts in place greater deterrents to prevent the theft and illegal trafVerDate Mar 15 2010 10:45 Jan 24, 2018 Jkt 028358 PO 00000 Frm 00037 Fmt 6633 Sfmt 6621 S:\DOCS\28358.TXT JACK
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ficking of our sacred items, both domestically and abroad, and promotes the protection of our identities as Pueblo People by better ensuring that items of cultural patrimony remain within our communities. However, a significant amount of work remains to be done on this important issue. We look forward to working with you and 

the Trump Administration on strengthening the implementation of the Native 

American Graves Protection and Repatriation Act (NAGPRA), and advancing the 

Safeguard Tribal Objectives of Patrimony Act (STOP Act) during the 115th Congress. 

What the Pueblos Support 

In the Pueblo worldview, we are stewards of the earth’s natural resources—land, 

water, air, and minerals. The Pueblos support policy and legislation that provide 

protection of natural resources, includes funding to support management of these 

resources, and policy that requires Federal-Tribal collaboration when natural resources and cultural properties are affected in any way. The Pueblos support a policy that requires in-depth collaborative efforts to arrive at mutual outcomes where 

natural resources on or near tribal lands could be destroyed or diminished. In addition, the Pueblos seek support for pending federal legislation that would clarify existing laws and condemn the trafficking of sacred items. The Pueblo leadership asks 

the new Administration to support Congressional proposals to protect cultural patrimony. 

6. Pueblo Destiny Lies in the Control of Education 

High Standards Are Critical 

Pueblo leaders wish to create a highly skilled, well-educated, workforce within 

their respective tribal communities. With a pool of qualified workers, the Pueblos 

believe they will be able to attract business and economic development possibilities, 

create well paying job opportunities, and assure that tribal members enjoy a prosperous future that comes with being well educated. 

Education System 

The Pueblos of New Mexico have always supported sound educational programs 

that comply with state and federal accountability standards. We emphasize the importance of high quality instruction, effective professional teacher development and 

the development of appropriate, culturally sensitive curriculum, including Native 

language retention and instruction. In addition, Pueblo leaders support comprehensive oversight of the flow of funds and the implementation of policies that effectuate 

meaningful educational change. It is important to foster the advancement of higher 

education, but also to consider re-introducing vocational education, which in many 

school districts has been eliminated or severely limited. Vocational education can 

provide skills that contribute to employment opportunities and sustainable incomes. 

In addition, Science, Technology, Engineering and Mathematics (S.T.E.M.) curriculums must be incorporated into tribal school systems. 

Protecting and Preserving Native Languages 

The Pueblo worldview is contained in their languages. In addition to maintaining 

tribal life ways, the Pueblos have established various programs and methods in 

order to retain and preserve what are considered some of the most ancient and distinct languages in America. Some Pueblo languages are so unique they are not spoken anywhere else in the world. Students in language immersion programs demonstrate substantial improvement in their academic performance and testing. Data 

shows that Native students excel in S.T.E.M related subjects largely attributable to 

their language skill set. Native languages offer a unique thought process and a way 

to interpret the world and its interactions. 

What the Pueblos Support 

The Pueblo leadership supports policies that provide educational opportunities 

and resources in order to begin cultivating the next generation of Native students 

who are able to achieve academic success, perform proficiently on standardized 

tests, and graduate. A number of Pueblos are taking over the operation of Bureau 

of Indian Education (BIE) schools located on tribal lands. Operating and maintaining schools requires considerable resources. It is important that the new Administration provide adequate funding to support tribal schools and initiatives like 

S.T.E.M. The Pueblo leaders also urge the new Administration to realize the value 

of Native languages and support funding for programs that prevent the further loss 

of language, traditions, and culture. 

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7. Appointment of Native Americans to Key Trump Administration 

Positions 

Pueblo governments and their communities can be severely affected in many different ways by the actions of the U.S. government through policy or the enactment 

of federal law. Therefore, it is extremely important that the voice of the 20 Pueblos 

be heard and considered, especially with regard to appointments to key positions 

within the Administration that will affect the Tribes, Pueblos and Indian Nations 

in this country. Equally important is the appointment of Native Americans to key 

positions within all federal agencies across the Administration. The 20 Pueblos respectfully ask that the President seriously consider Native American professionals 

for appointment to the following key positions: 

• Special Advisor to the President on Native American Affairs, The White House 

• Deputy Director for Tribal Affairs in the White House Office of Intergovernmental Affairs and Public Engagement 

• Deputy Secretary, Department of the Interior (DOI) 

• Assistant Secretary for Indian Affairs, DOI 

• Director, Bureau of Indian Education, DOI 

• Solicitor, Office of the Solicitor, DOI 

• Director, Indian Health Service, HHS 

• Director, Administration for Native Americans, HHS 

We also respectfully request that the Trump Administration maintain ‘‘Office of 

Tribal Relations’’/‘‘Native American Programs’’ (OTR) officials in each department/ 

agency of the government to help facilitate access by tribal government leaders to 

the federal programs designed to benefit tribal, state and local governments. Agencies that have OTRs include, among others, USDA, Justice, Commerce, Veterans Affairs, the EPA, Treasury, Health and Human Services, Energy, Labor and Homeland Security. As with the above listed positions, many qualified Native Americans 

currently serve or could serve in these positions. 

Finally, because federal laws and the development of federal jurisprudence have 

a disproportionate impact on the daily lives of Indian Country residents, we ask 

that the Administration make it a priority to strongly consider appointing Native 

Americans to serve as judges in the federal court system. 

Conclusion 

Federally recognized tribal governments are and have for centuries been acknowledged as distinct political and sovereign entities recognized in the U.S. Constitution, 

treaties, federal laws and regulations, and federal court decisions. Prior to contact 

with other nations, Indian tribes exercised powers of self-government over their territory, residents, and visitors. Their sovereignty pre-dates the Constitution and is 

derived from the fact that they owned all the land that is now the United States, 

including the state of New Mexico. The U.S. Constitution acknowledges the sovereign status of Indian tribes in the Treaty Clause, in the 14th Amendment as ‘‘Indians not taxed,’’ and in the Commerce Clause. Separate sovereign tribal groups are 

a vital part of the fabric of this great nation. Working together, with a common understanding of history, with mutual respect and recognition of the obligations of the 

relationship forged by President Lincoln, as symbolized by the Lincoln Canes, and 

with an optimistic view of the future, the Pueblos look forward to successfully working with the Trump administration. 

Senator BARRASSO. Thank you all for your testimony. 

Senator Hoeven is still voting and I understand Senator McCain 

is going to start with the questions. 

STATEMENT OF HON. JOHN MCCAIN, 

U.S. SENATOR FROM ARIZONA 

Senator MCCAIN. Thank you, Mr. Chairman. 

Thank you all for being here. Congratulations to you, Mr. Secretary. Despite your poor record in the United States Navy, we 

hope you will improve in your new job. Thank you. 

Secretary ZINKE. I look forward to it, sir. 

Senator MCCAIN. Briefly, Mr. Secretary, I want to ask you a couple questions about the BIE school system. 

36 

I think by any measurement they are failing. Facts are stubborn 

things as President Reagan used to say. Half of BIE students do 

not graduate high school; BIE test scores trail by double digits 

compared to Native students who attend non-BIE schools. Many 

schools struggle with teacher retention and some schools are unfit 

for human habitation. 

Let me mention a couple examples to you. One school spent $3.5 

million on a new roof but the roof continued to leak and classrooms 

later developed mold. Another school spent $1.5 million to build a 

garage for their school bus. The school bus did not fit. 

In Arizona alone, most of our 19 BIE schools have not been inspected in almost ten years. Now the BIE and BIA say they have 

inspected all the schools. BIE does not keep track of the money 

they give to tribally-operated schools. 

One school wired $1.7 million to an offshore account in a 

phishing scam and was only able to recover $500,000. Another 

school illegally loaned out $1.2 million to a non-Indian school district and we are now spending an estimated $15,000 per student 

per year, higher than the national average as you know. 

It is difficult to justify providing BIA with more funding now that 

GAO had deemed them a high risk agency. I would argue that if 

there is one thing we owe our Native Americans, it is to give their 

children a decent education. Statistic after statistic shows we are 

not doing that. 

I believe one of the options that ought to be examined is charter 

schools. Give parents a choice. Allow charter schools to have an opportunity to provide them with an option. I am not saying that is 

the answer but I am saying the status quo is not acceptable. 

It is a solemn treaty obligation we made that we would provide 

health and education to our Native Americans as they signed treaties that gave their land and their rights. I would hope you would 

give this issue some priority. It is not a new issue but it seems to 

me, from my 30 years experience on this Committee, that the situation is not getting any better. 

In the view of many, I think Senator Udall would agree with me, 

that the situation is getting worse. I hope you will take this as a 

priority and maybe give us a report on the fiscal conditions of the 

BIE schools in my home State for openers. 

I thank you, Mr. Chairman. I want to say congratulations, Mr. 

Secretary. I am sure you will do an outstanding job. We look forward to working with you. 

May I have a quick response? 

Secretary ZINKE. Yes, sir. I appreciate the question. 

The GAO report, as you know, is damning. I think there are two 

sides to education. There is the infrastructure. I first asked, what 

our backlog is with infrastructure. Somewhere around $300 million 

to $400 million is our backlog on schools across Indian Country. 

The backlog on infrastructure is only part of the story, as you 

know. It is hard to gain economic development when you do not 

have a good school. As tribes look at opportunities, if they are going 

to bring in an opportunity in gaming, there is a myriad of opportunity, but it is hard to recruit talent if you do not have a school, 

a hospital or clinic that has functioning infrastructure. 

37 

As you point out, infrastructure is one side of it. The other side 

is delivery of the education. Back to sovereignty, I think the tribes 

should have the latitude to decide for themselves what method they 

choose to deliver their education. 

There have been advancements in rural country on distance 

learning and computer-aided learning, the supplement in there. 

Drugs are a big issue in our schools. The kids are in the classroom 

excited. For some kids, the standard course of instruction does not 

work or does not reach them. 

Having some flexibility given back to the tribes on what delivery 

method is appropriate to the culture I think is a giant step forward. 

Senator MCCAIN. Thank you, Mr. Secretary. I hope we would encourage the Native Americans who exercise tribal sovereignty to 

make additional choices as to how they can best educate their students and convey those desires to you. 

Thank you, Mr. Chairman. 

Senator BARRASSO. Thank you, Senator McCain. 

Senator Udall? 

Senator UDALL. Thank you, Senator Barrasso. 

Senator McCain, you are right. We must do better with BIE students. We are not doing nearly the kind of effort we need to. I 

think what I hear from Secretary Zinke is he has a commitment 

to do that. 

Secretary Zinke, you and your agency are responsible for upholding the Federal Government’s trust responsibilities. Speaking of 

trust responsibility, I would like to follow up on an issue I personally raised to you during our meeting in January, and also in a letter I sent to you shortly after you were sworn in last week. 

Chaco Culture National Historic Park in Northwest New Mexico 

and its surrounding area holds enormous significance to the tribes 

in that area. However, Chaco is also in the middle of one of the 

most productive oil and gas regions in the Country. 

The expanded development in the area is causing great public 

and tribal concern. As I noted in our meeting, former DOI Deputy 

Secretary Mike Connor and I visited Chaco in 2015 to witness the 

situation and to discuss next steps. 

Following that visit, Deputy Secretary Connor announced a 

unique, I think first of its kind, joint effort between BLM and BIA 

to work collaboratively to increase meaningful consultation with 

tribal communities as part of the ongoing resource management 

plan revision. 

Given the importance of this area to tribal heritage, it is essential to have tribal input in the future planning for this area. As a 

result, it is equally important for BLM and BIA to work collaboratively. 

Will you ensure this ongoing joint effort between BIA and BLM 

continues so that we strike a balance between adequately protecting Chaco and allowing for responsible development and, above 

all, ensure that tribes are intimately involved in the process thus 

minimizing the potential for future disagreement? 

Secretary ZINKE. Thank you for the question. 

The heart of it is consultation which was mentioned before. Consultation has been inconsistent at best. Across Interior, we have to 

38 

make sure we have a policy in place so that consultation takes 

place. 

The definition of consultation between our different departments, 

in some cases, we have not worked well between BLM or Fish and 

Wildlife or the National Park Service. It has been inconsistent with 

our consultation process. 

I will commit to working together and continue that but we also 

have to continue to improve what the consultation is so there is an 

expectation among peers as you enter the consultation processes, 

making sure we have set the right and left flank and we know 

what the expectation is so the consultations are meaningful within 

the process. 

Senator UDALL. Thank you very much for that answer. 

As you know, after some of the incidents at the Dakota access 

pipeline, President Obama asked for consultation nationwide with 

tribes. We had a session in Albuquerque. As a result of all those 

nationwide sessions, a report was issued in January 2017 entitled 

Improving Tribal Consultation and Tribal Involvement in Federal 

Infrastructure Decisions. 

That report set forth important guidance and recommendations 

regarding the Federal Government’s commitment to engage tribes 

on a government-to-government basis. Will you consider and take 

up the recommendations made in that report? 

Secretary ZINKE. I have that report on my desk and that is going 

to be my nightly reading for a while. I think it is important that 

we all agree. This will also take consultation to make sure we come 

up with a document that meets expectations on all sides. 

Those recommendations, no doubt, will be incorporated into what 

we believe will be our product and we will take it into consideration. Also, that document was limited in scope and who got to look 

at it. 

On the issues of sovereignty and consultation, a challenge is that 

not every tribe has the same aspirations and goals. We have to 

work through that in a prudent and timely fashion to get a product 

that is acceptable to the Nations. 

Senator UDALL. I appreciate that answer. 

Chairman Torres, as you know, President Trump has announced 

a hiring freeze. Could you talk a little bit in the limited time left 

as to how you think that hiring freeze could impact your Pueblo 

and the other Pueblos in New Mexico that you represent as chairman? 

Mr. TORRES. Thank you for that question, Mr. Vice Chairman. 

The hiring freeze that has been proposed is going to be very detrimental not only to the Isleta Pueblo but to the other Pueblos. I 

will give you an example. 

The tribal leaders, not only from the Pueblos but the Nation, 

come to D.C. requesting or complaining about a lot of things that 

do not happen, that the BIA does not do, or other programs do not 

do. For example, Isleta Pueblo took in 90,000 acres of land to trust 

last year. It took us 18 years to get that land into trust. The ball 

was in the hands of the BIA but it took 18 years to get it done. 

We finally got it done last year. The Secretary of the Interior went 

to Isleta and celebrated with us. It was a great day. That is just 

one example. 

39 

BIA does not have enough employees to get work done in the 

first place. If we lose approximately 4 percent of the employees in 

any Federal agency due to retirement or whatever, in a matter of 

just a few years, you are not going to have very many employees 

left. For sure nothing will get done at that time. 

It is serious enough right now. It is not good to have a freeze on 

the programs that affect the Indian tribes. It is not going to be a 

good thing for us. 

Senator UDALL. I hope we exempt the Interior Department and 

these BIA activities. 

Mr. TORRES. Yes. 

Senator UDALL. Thank you for that answer. 

Mr. Chairman, back to you. 

The CHAIRMAN. [Presiding.] Thank you, Vice Chairman. 

I think we will go to three-minute rounds with the Secretary because I understand that you have to leave. Now they are telling me 

you have to leave at 3:35 p.m. I am going to try to stretch them 

to 3:40 p.m. per original agreement. I will start and we will go to 

three minute rounds to get as many people as we can. 

The first question I would like to begin with, and I have two, is 

at IHS, I think there is so much more we can do with strong leadership and really make a meaningful difference in Indian Country 

in terms of taking care of people and their health. 

IHS is turning back money at the same time when there are tremendous needs out there in terms of health care on the reservation. 

What can we do to work together to make sure we get really 

strong leadership in Indian health services and really go to work 

to do a better job of delivering health care services across Indian 

Country? 

Secretary ZINKE. A great question and I agree with you. In my 

experience in Montana, I had not visited a lot of tribes outside of 

our State, but I think Indian health care is at rock bottom in some 

places. 

Some of it is inconsistency; some is the more rural you become, 

there are less choices. Even the physicians do not have the flexibility when they see a patient. They sent them out. They had to 

go through layers of bureaucracy for approval. It gets worse as you 

go out into some of the more rural areas. 

As we all know, the Obamacare refit, repeal, reform, whatever 

we are going to call it, affects Indian health. Like you, we saw the 

first version out of the House. I have an appointment to talk to the 

Secretary on it to make sure that we do not forget the other side 

of it. 

The other side of it is those of us in Congress saw how it was 

done the last time. I think maybe we can learn some lessons going 

forward in taking into consideration how it affects the tribes and 

their health care. 

Hopefully, we can work together to make sure how the choices 

are delivered, again sovereignty should mean something. If the 

tribes are in a position to do more and have more choice, then 

great. It is really up to the tribes and they should have a stronger 

voice on how their services should be delivered. 

40 

Some of it is infrastructure too. I go back to it is hard to recruit 

good physicians, good physician assistants if you do not have a 

community that has a good school. It is also hard to develop some 

of the technology that we are witnessing in remote care if you do 

not have the right pipes, right services and broadband to deliver 

that. 

There is a lot in there but I think we have to work together as 

far as the branches of government to make sure the tribes are not 

forgotten. 

The CHAIRMAN. Again, I would just ask that you work with us 

on finding strong leadership at IHS. As you said, I think rightly 

so, we work to make sure that we empower tribes to really work 

with IHS, cut through the regulatory red tape and make sure that 

service is being delivered as well as possible. 

Obviously right now, I am emphasizing health care but I think 

that extends across a whole range of opportunities whether it is 

making sure children are protected, economic development, or trying to work with the BIA to reduce crime on the reservation and 

make people safer. 

I think in all those areas, it is both self empowerment and then 

cutting down on some of the bureaucratic difficulties and delays. I 

think that is where your leadership and your desire to reform and 

reorganize can really make a big difference, Mr. Secretary. 

Secretary ZINKE. Thank you, sir. 

The CHAIRMAN. With that, I will turn to Senator Cantwell. 

STATEMENT OF HON. MARIA CANTWELL, 

U.S. SENATOR FROM WASHINGTON 

Senator CANTWELL. Thank you, Mr. Chairman. 

Secretary Zinke, welcome. 

Staying on health care for a second, when we had sequestration 

cuts, for a while the Indian Health Service benefits were not excluded like Medicaid and Medicare. Several members of this Committee, Senator Murkowski, myself and others, raised the warning 

flag until people understood that those were sacrosanct. 

Now, when you look at this budget proposal, if you do the math, 

there could be a 13 percent cut in Indian Country if you take what 

the news accounts are. That would be like three times what we 

faced in sequestration. 

I hear what you are saying. You are going to go over and talk 

to people. How can we make sure that we are not going to see 

these draconian cuts in health care? 

Secretary ZINKE. Some of it is why the costs and what can we 

do? Outside of budget, what can we do on the regulation side to 

help us save? What can we do to provide more flexibility? What can 

we do to provide more choice to some of the tribes? 

The goal is the same. The goal is affordable, reliable access to 

health care. Not all of it is budget as was pointed out. In some 

places, money is being given back or not spent in the right way. 

Some of it is risk on giving the tribes more ability to make the 

choices and accept that perhaps the way they spend it is not going 

to be exactly the way Washington or the Secretary thinks because 

one size does not fit all. 

41 

Senator CANTWELL. On that, I look at Medicaid and Medicare 

just as I look at the trust responsibility. We have to live up to that 

responsibility. I hope you will be able to convince those at OMB 

and the White House that is what trust responsibility actually 

means. I wish you success on that. 

If I could, I wanted to also ask you about BAER funding which 

is burned area emergency funds. We had a great deal of the 

Colville Reservation burned. Part of the available funds through 

you is to help replant these tribal areas. 

I want to see if we can get you to commit to working with us on 

that and getting some help for the Colville Tribe? 

Secretary ZINKE. Absolutely. I can also share my commitment to 

wildfire as far as removing dead and dying trees. We had talked 

about this before. A lot of catastrophic fires in the West have been 

because we have a lot of dead and dying trees that are burning 

there. 

We have to spend money making sure that our forests are 

healthy up front so we do not have to spend the catastrophic 

money, $2 billion or so, fighting forest fires recently in a year. In 

such cases where we have had these catastrophic events by fire, it 

is better to spend the money up front in prevention where we can. 

Then we do have to replant and reclamation across the board has 

been an issue. 

Senator CANTWELL. I think you will find many people unified 

here on the Committee on what we should do on fire. I think we 

have to convince some other people on the other side of the Capitol 

that it is an important to deal with. 

Thank you very much for your commitment to work with the 

Colville. 

The CHAIRMAN. Senator Moran, I would ask you to go two minutes if you would, because I am trying to get everyone in before the 

Secretary leaves. 

STATEMENT OF HON. JERRY MORAN, 

U.S. SENATOR FROM KANSAS 

Senator MORAN. Mr. Secretary, thank you very much and the 

tribal leaders who have joined us here today. 

The shortened version of my questions are first, let me thank you 

for sponsoring in the House the Tribal Labor Sovereignty Act. A 

number of the leaders here in their testimony have expressed their 

support. I am humbled by that. 

I would ask you to commit that you will work with us if that legislation passes the House and Senate to see it is supported by the 

Administration and becomes law. 

Secretary ZINKE. Absolutely, sir, I was glad to sponsor it and I 

look forward to it passing. 

Senator MORAN. Thank you, very much. 

The last Administration emphasized a focus on restoring tribal 

homelands through the land into trust process. Acquiring land in 

trust facilitates self determination. Will this Administration have 

a similar emphasis? 

Secretary ZINKE. I think you have to look case by case at what 

lands are appropriate and do we have the right assets as you bring 

42 

land into trust? What does that mean in the long term? Some areas 

are better in fee; some areas are better managed. 

As far as moving forward, there are going to be a lot of applications as there are now to bring it back. We have a process. I will 

work with you to make sure the process is transparent, clear and 

at the end of the day, results in an end product that is where we 

all want to be. 

Senator MORAN. Mr. Secretary, Haskell Indian Nation’s university is one of two four-year institutions operated by the Bureau of 

Education. It is located in Lawrence, Kansas. 

Our tribal colleges need significant attention. I would highlight 

this issue for you and invite you visit with me at Haskell University. I want to forewarn and foretell you that I will be knocking on 

your door as we look for ways to innovatively help tribal education 

certainly at this level and this particular university for the betterment of Indian people across the Nation. 

Secretary ZINKE. I look forward to it. 

Senator MORAN. Thank you, Mr. Secretary. 

The CHAIRMAN. Senator Tester. 

Senator TESTER. Thank you, Mr. Chairman. I will make this 

quick. 

Congratulations, Secretary Zinke. You are in a position now that 

you can help the Little Shell of Montana receive recognition. Can 

I get your commitment that you will work hard to make that happen? 

Secretary ZINKE. My position on the Little Shell has been supportive of it. We have a process. Now, as Secretary, I have to make 

sure that process is fair, transparent and not unduly influenced. I 

have been following your bill very, very closely and I hope the 

House accepts similar and I hope the Congress does it. 

Senator TESTER. I am one who thinks it should be the Department, to be honest with you, because you will de-politicize it. We 

will politicize it. If you can just show it a little extra attention, that 

is all it takes. 

Secretary ZINKE. I plan that all recognition goes through as 

smoothly and expeditiously as absolutely possible. 

Senator TESTER. The Little Shell is going to be glad to hear that. 

Consultation, it is not just with the Department of the Interior. 

In fact, I could argue the Department of the Interior probably does 

a better job than any other agency. It still needs improvement but 

it does a good job. 

I just need your commitment that you will talk to the other Secretaries you serve with and get a letter off to them explaining what 

consultation is so that they understand whether it is the Department of State or Department of Agriculture, or any other one, that 

consultation is critically important when it comes to Indian Country. Most of these folks do not even know what consultation is. You 

do. They do not. 

Secretary ZINKE. Senator, I think that is an excellent idea. It will 

come up very shortly in order, I am sure. 

Senator TESTER. Last question is on water compacts. There is a 

ton of Indian water compacts in the West. We have two in Montana. We have the Blackfeet that have already been authorized. I 

have the Salish Kootenai that hopefully will get authorized. The 

43 

big problem is money. Authorization is nice. Without money, it cannot happen. Do you have any ideas on how to fund those water 

projects? 

Secretary ZINKE. The finished compact is a treaty obligation. 

Senator TESTER. Yes. 

Secretary ZINKE. I think we should make sure that we emphasize 

that as a treaty obligation. It is not a nice to have; it is honoring 

a treaty. 

Senator TESTER. Last thing, Senator Baucus and Senator Bingaman, Senator Udall’s predecessor, both worked on using a fund 

called the Reclamation Fund over which you have some control. It 

has, I believe, north of $10 million in it now. That would do a lot 

of water projects pending out there that have to be done because 

it is a treaty obligation. Hopefully, you will look into that. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Senator Daines. 

Senator DAINES. Mr. Secretary, as a member of the U.S. House, 

you, Senator Tester and I worked together and enacted the historic 

Blackfoot Water Settlement Act into law. 

My question is, as you work to inform the Administration’s budget request including fiscal year 2018, can I get your commitment 

to work with Congress to ensure the Blackfeet Water Rights Settlement receives the full funding it needs to be implemented? 

Secretary ZINKE. I will work with you. I would say we have the 

greatest chance and opportunity because we have both sides in the 

middle. I think if we work together, we can get things done. 

Senator DAINES. I would say we have them surrounded, Mr. Secretary. 

I want to shift and talk about coal jobs. We talk a lot about coal 

jobs but we cannot let these important issues go stale. Sometimes 

by repeating it over and over again, we can get calloused and forget 

these are very important issues. 

For the Crow people, coal means its livelihood. It means another 

meal on the table for struggling Native families. It is a lifeline in 

a community where the unemployment rate, as we head from 

Chairman Not Afraid, is somewhere between 25 and 47 percent. 

Coal jobs have a face, a beating heart. They are the face and the 

heart of the Crow Nation. 

Secretary Zinke, can I get your commitment as Secretary of the 

Interior to work with other Federal agencies to ensure that coal export terminal permits are issued in a timely manner to protect and 

create jobs for the Crow people? 

Today, they have to send their coal to Canada. We cannot even 

send it through a U.S. port 

Secretary ZINKE. Senator, it is enormously important, not only to 

the Crow but to the Navajo, Hopi and those resource-dependent 

tribes. My commitment to you is I will work to make sure that sovereignty means something. 

It is up to the tribe. If the tribe wants to export their product, 

whatever that is, we should not stand in the way. On land treaties, 

we need to honor that treaty. My steadfast commitment is to support sovereignty so we get out of the way if that is the direction 

the tribe wants to go. 

Senator DAINES. Thank you, Mr. Secretary. 

44 

The CHAIRMAN. I am going to ask that Senator Murkowski be allowed to put something in the record before we go to the next question. 

STATEMENT OF HON. LISA MURKOWSKI, 

U.S. SENATOR FROM ALASKA 

Senator MURKOWSKI. Then I will come right to you, Senator 

Franken. 

Senator FRANKEN. Fine. 

Senator MURKOWSKI. Thank you, Mr. Chairman. 

I would just ask that my statement be included as part of the 

record, including my comments on ANCSA contaminated lands. 

Thank you, Mr. Chairman. 

[The prepared statement of Senator Murkowski follows:] 

PREPARED STATEMENT OF HON. LISA MURKOWSKI, U.S. SENATOR FROM ALASKA

Chairman Hoeven, and Vice Chairman Udall, thank you for your leadership in 

bringing the topic of priorities for the Trump Administration to the Indian Affairs 

Committee. Certainly we are all aware of the government-to-government and trust 

responsibilities that exist between the Federal Government and Tribes. This relationship is far too important to not understand and I have been saying that we need 

to make sure all nominees and incoming staff with the new administration must understand it. 

In fact, I have been telling all of my constituents that we should not assume that 

they know anything and it all of our jobs to educate each and every one on our 

needs, our issues, our opportunities, and our challenges. 

One person I do believe has a good understanding of many of the issues in Indian 

Country is the newly confirmed Secretary of Interior, Ryan Zinke. Secretary Zinke, 

I thank you for making this hearing today your first Congressional hearing since 

confirmed. I think that speaks a lot on your commitment to Indian Country and it 

goes to show that what you said about focusing on the challenges in Indian Country 

during your nomination process was not just rhetoric, but you meant it. 

When it comes to the Indian Affairs Committee and how we can work with the 

new administration, we start at the basics. What does it mean for the Federal Government to uphold its trust responsibility to tribes and have a true government-togovernment relationship? In your testimony you mention, regardless of political 

party, this is our duty from Maine to Alaska. And I thank you for mentioning Alaska. 

Alaska is home to 229 federally recognized tribes. You can imagine the importance of the trust responsibilities and relationship with the Federal Government for 

me and my constituents. What it means is meaningful consultation and true relationships in decisionmaking. It means when an agency performs the duty of consultation they are not simply ‘‘checking the box’’. They are building relationships, 

ensuring tribes have a seat at the table, and that sovereignty is being recognized. 

One opportunity for tribes to work with the Bureau of Indian Affairs and other 

federal agencies is the annual BIA Providers Conference in Alaska. This conference 

usually takes place in Anchorage and last year was its 26th year. Usually attended 

by about 1,500 Alaskans, this conference give tribal governments and village leaders 

the opportunity to meet with Federal representatives to learn about programs and 

how to implement them. More often than not, it is the only opportunity for tribes 

to meet face-to-face with Federal employees. 

I strongly urge you, Secretary Zinke, to continue the conference. But one piece of 

advice is I would like to see more direction taken from the Tribes on what is included in the agenda and hear from them on how the conference can be the best 

use of both the tribe’s and agency’s time. It takes a lot of cost, and effort for individuals to fly all the way to Anchorage from their remote communities, so I want to 

make sure it is worthwhile. 

Building off of that, I would like to mention briefly a few programs that DOI oversees which are extremely important to me and my constituents. One is the Small 

and Needy Tribes funding. This funding is critical for dozens of our small and remote tribes across Alaska. It gives them the ability to run important tribal programs, and I would ask you to work with me to ensure they receive the maximum 

benefit of this funding. 

45 

We have been working with DOI on the development of Tribal Courts in PL280 

states. In FY16 we put forward $10 million towards this effort. This was a huge 

priority of mine and was the first time we have ever directed funding for Tribal 

Courts in this way. I believe this is a direct investment into the health, well-being, 

and safety in our villages. At the department level there was much room for improvement in the rolling out the funding and plan. We must continue to improve 

in this area and push for outreach and consultation with the tribes as we progress. 

I do believe we are making progress and I ask you commit to working with me on 

that as we move towards a sustainable, long lasting system for tribes. 

A related subject I would ask the Trump Administration to work closely with me 

and Alaskans on is public safety. There are too many instances of young men, 

women, and children living in constant fear, in times they are not even able to leave 

their homes, because they do not have adequate public safety in their area. This 

is far too often the case in rural Alaska. I urge you, Secretary Zinke to work with 

other members of the Cabinet, and the members of this committee, to find ways 

where the federal government can make improvements. 

I would ask you to make a commitment at the Department to once again take 

a leadership role to facilitate the cleanup of the ANCSA contaminated lands. Right 

now there are still over 600 contaminated sites on land that was conveyed to Alaska 

Native Corporations and also additional sites on land pending conveyance. These 

sites where contaminated under the ownership or responsibility of the Federal Government, and then transferred to Native ownership. They pose a risk to humans, 

animals, and the environment. I ask that you work with the Alaska delegation and 

Alaska Native leaders to solve this overdue issue. 

There are certainly so many areas I would like you and the DOI to partner with 

us in Alaska. There are significant ways the DOI can help create jobs and economic 

activity in Alaska. A few are supporting the implantation of the Native American 

Tourism and Improving Visitor Experience Act (NATIVE Act), hiring local Alaska 

Natives to fill position in the National Park Service and Fish and Wildlife Service, 

or contracting directly with Tribes at the local level whenever possible. 

There are also larger endeavors where there is significant opportunity for Indian 

Country with larger infrastructure and tax reforms. We must make certain that opportunities for American Indians and Alaska Natives are part of any infrastructure 

or tax legislation that is put forward. 

As you can tell, we have much to work on together. And I thank all the witnesses, 

especially Secretary Zinke for taking the time to look through the lenses of opportunity. This committee is one where we are known to work together, in a bi-partisan 

way, and I look forward to continuing that tradition. 

Thank you to all members of the panel, and thank you again to Secretary Zinke 

for joining us for this oversight hearing today. 

The CHAIRMAN. Senator Franken. 

STATEMENT OF HON. AL FRANKEN, 

U.S. SENATOR FROM MINNESOTA 

Senator FRANKEN. Mr. Secretary, thanks for being here so early 

in your term. Vice Chairman Anderson, thank you for your friendship and all the work the Shakopee does. 

I want to talk about economic development because when we talk 

about education, health care, business, infrastructure, and law enforcement, it is circular. 

If you do not have the schools, if the kids do not have housing 

and are sharing housing with another family, witnessing trauma, 

that affects the educational system. If they do not have housing, 

you are not going to get good teachers or good doctors. 

My thing is economic development. I would like to ask you to 

work with me to fund the Tribal Energy Loan Guarantee Program. 

I think we talked about this when you came to my office. This was 

included in the Energy Policy Act of 2005 but was never funded. 

This program would allow the Energy Department to guarantee 

up to 90 percent of the principal and interest of a loan issued to 

an Indian tribe for energy development. By leveraging these FedVerDate Mar 15 2010 10:45 Jan 24, 2018 Jkt 028358 PO 00000 Frm 00049 Fmt 6633 Sfmt 6601 S:\DOCS\28358.TXT JACK
46 

eral resources, this program would encourage borrowers to partner 

with the private sector to develop energy projects with tribes on Indian land. 

I know this program falls outside the purview of the Interior Department but could I ask you to commit to working with me to get 

this program funded? We are talking about not a whole bunch of 

money but something that will leverage energy projects in Indian 

Country? 

Secretary ZINKE. Senator, I would love to work with you on that 

because you are spot on. It is energy. In some cases, that energy 

results in a whole variety but it is economic development and without an economy, nothing else really matters. 

You have to have the core, an economy moving in whatever direction that tribe wants. You have to have an economy where people 

have jobs and a future. Schools and infrastructure are all tied into 

that. 

Those loan programs that can provide a path for energy in whatever form, wherever you are geographically, to leverage what you 

have I think is an important part of it. 

Senator FRANKEN. I look forward to working with you, Mr. Secretary. 

The CHAIRMAN. Senator Lankford. 

Senator LANKFORD. Thank you, Mr. Chairman. 

Thank all of you for being here. 

Secretary Zinke, I have a bunch of questions I am going to try 

to run through real quick. 

We need help in making sure things and unique situations like 

in the Osage Nation in Oklahoma that they can use oil and gas 

production to take advantage of their resources. They have a very 

unique setting there. That has been an ongoing issue for a very 

long time for that tribe, just to be able to use their own resources. 

They work through BIA on that. That is something I would like 

to be able to have your help and engagement on. 

Secretary ZINKE. You will, sir. Mr. Chairman, I look forward, if 

invited back, to continue to dialogue and also with each of you, 

away from the cameras. In a dialogue, we can sit down. If it helps 

Indian Nations and involves sovereignty and self-determination, 

you have my commitment. 

Senator LANKFORD. I would tell you the person sitting to your 

left and the Chickasaw Nation can give you a set of great ideas 

about some of the things that have happened when they have used 

their sovereignty and been able to develop business relationships. 

I am sure these other folks can also. I know very well what is happening in the Chickasaw Nation on that. 

There is a situation uniquely BIA-related and Interior-related as 

well. That is moving land into trust. It is very inconsistent from 

place to place. In the northeast side of my State, it is three to five 

years on historic tribal lands to be able to move land into trust. 

We just had land in the northwest side of my State that is nonhistoric tribal lands that was just moved into trust to set up for 

a casino there, which in Oklahoma will be the 132nd casino in our 

State, was just moved into land in that area in less than two years. 

Secretary ZINKE. Senator Dole talked to me about that. 

47 

Senator LANKFORD. For the folks in the northeast part of the 

State that wait three to five years on historic tribal lands compared 

to the northwest side of the State that has non-historic lands, to 

do it in less than two years has been surprising to us. 

To try to figure out the equity of it and the process, we have 

asked a lot of questions just on basic process issues. How is the decision made? What is the process decision? BIA leadership has 

come to this Committee that I have talked to directly about it. 

They have said it will take years. They have used terms like, it is 

rare, it is unusual, but it actually moved faster than a lot of other 

areas in the State have. 

For us, we are trying to figure out process. If you can help us 

get a clear delineation, that would be very helpful for all of our 

States and all of our regions. 

Secretary ZINKE. I agree. I asked the same question this morning 

in the first meeting after talking to Senator Dole. There is great 

inconsistency. To date, the process is unclear to me. I will get to 

the bottom of it. 

Senator LANKFORD. Thank you. 

The CHAIRMAN. Senator Cortez Masto. 

Mr. Secretary, we have two left, two minutes apiece. Can you do 

it? 

Secretary ZINKE. I am already late, sir. 

The CHAIRMAN. I guess you will have to submit your questions 

for the record. I am sorry. 

Senator CORTEZ MASTO. I will do that. 

Secretary ZINKE. I apologize. I will come back. I promise. 

The CHAIRMAN. Let us do this. Will you commit to come back and 

visit our Committee again so they have the opportunity to ask their 

questions? 

Secretary ZINKE. Just request and I will come right back. 

The CHAIRMAN. All right, very good. That is what we will do. 

Senator CORTEZ MASTO. Thank you, Mr. Secretary. 

The CHAIRMAN. With that, we will move to questions for the 

other members of the panel. 

Senator CORTEZ MASTO. I am sorry you were not able to get your 

questions in. We will have the Secretary back. I do apologize. Are 

there questions you might have for other members of the panel? 

STATEMENT OF HON. CATHERINE CORTEZ MASTO, 

U.S. SENATOR FROM NEVADA 

Senator CORTEZ MASTO. Thank you, gentlemen, for being here. 

The concerns you have discussed before us today are similar to 

concerns I also hear from our tribal community members in Nevada. I so appreciate you being here and look forward to working 

with you in addressing a number of these issues. 

Thank you very much. 

The CHAIRMAN. Senator Heitkamp. 

STATEMENT OF HON. HEIDI HEITKAMP, 

U.S. SENATOR FROM NORTH DAKOTA 

Senator HEITKAMP. Thank you, Mr. Chairman and Vice Chairman Udall. 

48 

I was going to run through the whole litany of issues that we 

have in Indian Country in my State, which I know is shared by so 

many of you. But the main question I wanted to ask Secretary 

Zinke is, are you going to fight for Indian Country in the budget 

process? 

Because all of this discussion and all of these issues that we talk 

about, if we fall back further on financing and meeting our treaty 

obligations, not much of it really matters. We are not going to build 

better schools. We are not going to have better health care. We are 

not going to have more and stronger law enforcement. 

We need a Secretary who is going to fight for Indian Country. I 

hope that all of the witnesses here will share my commitment to 

holding BIA’s and the Department of the Interior’s feet to the fire, 

HHS’s feet to the fire, the Bureau of Indian Education’s feet to the 

fire, and not leave Native Americans and Indian Country behind 

in this budget process. We have been left behind far too often. 

This is our opportunity and if we do not take it to stand together 

and fight for resources, we are going to fall further and further behind. I would invite anyone to comment on that but I feel very 

strongly that the main job of the Secretary of the Interior, as it relates to Indian Country, is to be the advocate in fighting for resources for Indian Country. 

Mr. ANDERSON. Thank you, Senator Heitkamp. 

I have a comment or two. Hopefully I can keep it organized in 

my head. If you were here earlier for my testimony, those were at 

the top of the list of asks that we will ask the Secretary to hold 

fast on. We expect his strong leadership on all of those issues. 

I cannot help but tie together all of the concerns we have shared 

here today with a lot of the concerns you all have. I know the Senator from Arizona, Mr. McCain, came in long enough to express his 

concerns on education. 

Hopefully, it was not the highly educated Indians administrating 

that money or going overseas into private accounts. We take that 

very seriously. A lot of the processes you talk about, the consultations we are talking about, the status quo is what I am hearing 

does not work. 

By that, I mean not consulting and not understanding the underfunding, the responsibilities not being met. When not understanding comes to bear, I think you will find you can change that 

status quo by honoring those treaties and doing the things that 

need to be done to keep those schools alive. 

My father went to boarding schools. My father also went to Haskell. I heard that school mentioned here today. My sister attended 

a school with poor conditions that Senator Franken helped generously. That was in the northern part of our State. 

The one thing I consistently hear is meaningful consultation for 

the particular tribe affected by Federal acts, meaningful consultation between the departments that affect those programs or what 

project they are working on. 

I could explain to you a lot of the reasons why these trust applications sit on the shelf for so long. You have tribes that can barely 

afford to fund their schools and IHS. Well, you wait long enough 

and it sits long enough on a desk, your environmental assessment 

49 

expired. It is as simple as that. Now you have to come up with a 

lot of money and so forth. 

This was all intertwined in the administrative level of the Office 

of Realty, an extension of the BIA that takes land into trust. That 

type of technical work comes at a high cost. You have people in the 

trust process applying standards that just quite possibly are not 

there which has happened to us. We have a lot of experience in 

that. 

We are very fortunate that we have a lot of educated people who 

can bring us up to speed on that and understand that process. 

Right now, we have a realtor office solicitor who is doubling up on 

the title efforts. 

Every one of you who bought homes or property goes through 

transfer of right-of-ways or covenants previously held that you need 

to maintain. They need to come back, this individual needs another 

reaffirmation of that so legally it is covered but they need a legal 

reaffirmation that so the Federal Government is not stuck with the 

bill of say a barrel full of pollution that needs to be cleaned up. 

I do not know why the Federal Government would be held accountable for that but there are some standard of application or 

understanding of some type of application that quite possibly we 

have never heard of. That is where the consultation process comes 

in. 

As far as school funding and absconding with funds, that is 

something if we had process and control and exercised our sovereignty, we would make sure that our children were educated. We 

are in the process of doing that now. We are very fortunate. 

The one thing we do not want to have happen is to have that 

success supersede the responsibility the Federal Government has 

in providing some of those services. I have not heard about IHS 

dollars being turned back. 

In our particular case, IHS wanted a full accounting of all our 

tribal enterprises, all of our tribal finances to reconcile a shortage 

of IHS funds. That is the money you see back. We refused because 

quite frankly, that is their accounting that they are giving back, 

not ours. We do very well to supplement that money. 

If we can, we will redirect what we have. If we cannot use it, 

there are other tribes that can. We do not want to be relieving anybody’s responsibility or put our nose into who gets what or who 

owes what. 

We are constantly trying to mend fences that are not at this particular level. Quite frankly, I hope we can continue to do that as 

we are very fortunate. 

Thank you. 

Mr. KEEL. Mr. Chairman, with all due respect, I have to leave. 

I have to catch a plane. 

The CHAIRMAN. Mr. Keel, just a minute before you go. Do any of 

the Senators have questions for Mr. Keel before he leaves? 

The CHAIRMAN. Senator Lankford. 

Senator LANKFORD. I had a quick one if I could. We can chat 

later so you do not miss your plane because I know exactly what 

that feels like. 

Mr. KEEL. Yes, sir. 

50 

Senator LANKFORD. The Chickasaw Nation has been the gold 

standard for getting a chance to find ways to be able to do enterprises and projects, things like health care, that are a tremendous 

example for tribes around the Country. 

You have a lot you can contribute. I am sorry you have not had 

the opportunity to be able to contribute a lot of those things. 

Could you highlight some of the ways you have taken on some 

of the responsibility because you all have taken your tribal sovereignty very seriously, to be able to take on responsibility and authority and be able to take it on for the sake of the people of the 

Chickasaw Nation? Health care and other enterprises, it would be 

helpful to get on the record. 

Mr. KEEL. Thank you, Senator. 

We believe in the Chickasaw Nation that the best social program 

is a good job. If we can create jobs for our people and have people 

be able to contribute to taking care of their families and their well 

being, then it makes the community better. 

We believe in being good community members, in fact, if we can 

help the community to develop resources to encourage not just creating menial jobs, but jobs that will be lost lasting and productive. 

Health care is one area we compacted with the Federal Government in 1994. We felt that the direct service component of the Indian Health Service was not serving our people. We undertook self 

governance compacts to overhaul it. We took it on. We made it 

based on the family practice model so that our people would have 

a relationship with their family doctor. 

We took our gaming revenues and entered a joint venture compact where we constructed a new hospital, state of the art, created 

about 300 additional jobs. Those are good paying jobs. 

Through those efforts, we have been able to establish clinics that 

will provide a lot of our employees who work in some of our businesses who are not Native American and do not have access to the 

Indian Health Service clinics. But we have been able to develop 

what we call a sovereignty clinic where those folks who have insurance can come to a clinic, get health care and we charge it to their 

insurance. That way at least they have access to quality health 

care. Those clinics are tribal business development opportunities. 

That is one example. 

Another example is we have taken on the role of making sure we 

diversify our economies. We have a chocolate factory, the Bedre 

Chocolate Factory located on Interstate 35 in Pauls Valley or actually in Davis, Oklahoma now. It is the finest chocolate in the world. 

Obviously, we cannot compete with Brachs or Hershey, for instance. 

Senator LANKFORD. Yet. 

Mr. KEEL. Yet. But we do have some contracts with some of the 

upscale companies, Neiman Marcus and some of those folks. We believe we can get there. 

Another opportunity is a metal fabrication plant in southern 

Oklahoma. We purchased that from Siemens Corporation. It was a 

bankrupt deal. We took that and created about 110 jobs. Once 

again, it is an opportunity to create jobs for our people and the surrounding communities. The communities then improve. 

51 

Tourism is a mainstay in Oklahoma, the economy. We believe 

that we can help with that. I spoke with the Secretary about the 

Chickasaw National Recreation Area. We are working in partnership with them to create jobs. We created some trails. We built a 

bridge from our cultural center to the park so that we can access 

those trails. 

Those are opportunities we believe we have resources we can 

contribute to and co-manage with the Federal Government. There 

are a number of opportunities. We believe innovation is the key to 

survival. 

Senator LANKFORD. Are there any roadblocks that are out there 

from the Federal Government right now to any of those projects as 

far as developing business enterprises? 

Mr. KEEL. There are a lot of Federal regulations that hinder us. 

As you heard about taking land into trust, some of those things are 

time consuming but we have been able to work with our Federal 

partners in finding ways to get around it. 

The difference between a bureaucrat and a leader is a bureaucrat 

will tell you here are the rules, we cannot help you. A leader will 

say, here are the rules; let us find a way to work together to make 

improvement in our lives. We are trying to find innovative ways to 

improve our economies. 

Senator LANKFORD. Thank you. 

Mr. KEEL. Thank you, Senator. 

The CHAIRMAN. Mr. Keel, before you leave, I have a question for 

you. 

You mentioned briefly that you have been successful in building 

health care centers and clinics. Give us some advice here. How can 

we replicate that in other places? It is not just building them and 

staffing them and making them work. How do we do more of that? 

Mr. KEEL. I could take a long time. I would be happy to come 

and visit with you and bring some of our experts. We believe we 

have developed some expertise in developing these clinics that we 

can export. We believe we can help even working with the Indian 

Health Service and partnering to develop some of these things. 

The staffing comes from some of the staff that was in local communities, the doctors and nurses. We put them on contracts initially and eventually fold them into the tribal governmental services and they become tribal employees through our Department of 

Commerce. 

The CHAIRMAN. We do want to follow up with you both in terms 

of your ideas on how other tribes could maybe replicate some of the 

things you have done but also your thoughts on how we can perhaps make IHS more effective in delivering services. It seems to 

me your ideas in both regards would be helpful. I will have my 

staff reach out to you. 

Mr. KEEL. I will look forward to that. Thank you very much. 

The CHAIRMAN. Thank you for being here today. 

Also, thank you for your service as an Army Ranger. We had a 

Navy Seal. It only seems fair that we balance it out with an Army 

Ranger, right? 

Mr. KEEL. Thank you. I appreciate that. 

The CHAIRMAN. Thank you. 

Mr. NOT AFRAID. also an Army Ranger? 

52 

Mr. NOT AFRAID. Marine Corps. 

The CHAIRMAN. Marine Corps. Of course, we have to have the 

Marine Corps, Semper Fi. Thank you for your service as well and 

for being here. 

Mr. Anderson, thank you for making sure we had an opportunity 

to recognize that. I have a question for you. 

You have been very successful in economic development at 

Shakopee. What thoughts do you have, what recommendations, 

what can be replicated in other places along those lines? What top 

three recommendations in terms of economic development do you 

have for other tribes? 

Mr. ANDERSON. Business management and obviously health care. 

We have taken claims and preventative care. If we could figure out 

a way to extrapolate preventative care into current costs, that can 

show that tradeoff. 

In other words, we have clinics that we develop. We take the 

claim money that would otherwise have been spent going to another clinic, apply it to the clinic we are running offsetting that 

cost. 

I think of casino management or business management education. There is health care and just being a good neighbor, as Mr. 

Keel said. That helps the local businesses have confidence in being 

able to work with and assist you in building that neighborhood 

economy, that regional economy, if you will. 

Those are just three things I can think of offhand but I know 

given the time, I could easily come up with half a dozen or a dozen 

more. We deal with this stuff all the time. 

We are currently working with the city next to us, one of the two, 

to develop a water treatment facility that they will pay for over 25 

years and we will provide them with treated water. That offsets 

our treatment facility costs not quite 50 percent but they pay it 

over 25 years and they pay for the water. 

Should they not be able to do that without a waiver of sovereignty, then we will build one as we need one anyway but they 

will have to continue with their infrastructure plans, their future 

annexations and how they raise revenue to build their own water 

treatment facility. We are currently negotiating one of those agreements. 

The CHAIRMAN. Give me a rough idea of your territory. 

Mr. ANDERSON. We are south of Minneapolis about 30 miles. 

When I grew up there were deer wells and corn fields. Nobody really knew we were there until our former chairman, our first chairman, Norman Crooks, exercised our sovereignty by taking the diseased elm trees out of Minneapolis and brought them out to our 

reservation where we burned them. 

The question was, given ordinances and other things, were we 

able to do that. We did that for a price, of course. The challenge 

went nowhere. 

Looking at it now, we have a four-lane coming off a nice interstate, five or six miles away. We are considered inside of that natural area now, not urban rural. It has grown. 

The CHAIRMAN. Changed a lot? 

Mr. ANDERSON. Yes. 

The CHAIRMAN. Vice Chairman Udall. 

53 

Senator UDALL. Thank you, Mr. Chairman. 

I had meant to ask Secretary Zinke this question, but I am going 

to follow up with Chairman Torres. This was a question on the 

Bears Ears which was done as a national monument, as you know, 

by President Obama near the end of his Administration. I know 

some of Secretary Zinke’s staff remains. 

I just wanted to let them know this is a very serious issue. I 

have talked with a number of my members both on and off the 

Committee about how important this is. It was remarkable to me 

that 20 tribes with cultural ties to this area in southern Utah came 

together. 

There were sometimes conflicting interests but they all worked 

with the Administration and worked with the shareholders to make 

sure things were resolved and it was ready to move forward with 

the monument. Now we have a monument. 

Chairman Torres, I thought I would ask you because I know specifically that the group of Pueblos that belongs to your council all 

united and sent a resolution. I would ask, can you describe how important the Bears Ears National Monument designation is to the 

Pueblos of New Mexico? 

Mr. TORRES. Thank you, Senator Udall. 

The Bears Ears National Monument is very important to all the 

Pueblos. In that whole region in the Four Corners area, I have 

been there. In fact, we held an All Pueblo Council meeting there 

at the Crow Canyon Museum. 

All of those archaeologists and previous archaeologists there 

have worked in all those areas since the 1920s. It is all Pueblo. Our 

ancestors lived there. We believe the spirits are still there. In 

Pueblo Country, our tradition, our culture and our language is priority in everything that we do every day. 

The protection of not only Bears Ears but thousands of cultural 

sites there in that area is very important. Daily, they are being 

vandalized. They are not protected at all. 

I made a trip to D.C. with the archeologists from the Crow Canyon; they asked me to come with them to address that, to address 

getting them protected. I tried to help them but there is a lot to 

be done in that whole region as far as protection of all of those 

sites, including Chaco Canyon and Mesa Verde. All of those areas 

are all important and where our ancestors came from. 

Senator UDALL. Thank you, Chairman Torres. 

The CHAIRMAN. I noticed our two other panelists were nodding. 

Do you have knowledge of this area and do you have anything to 

say on that in terms of Bears Ears or you just knew that existed? 

Mr. ANDERSON. Just knew. 

The CHAIRMAN. Thank you. 

I think it is a great example of tribes coming together because 

they saw the kind of damage that Chairman Torres said was happening to cultural resources and said we need to do something. 

I hope that Secretary Zinke takes very seriously that effort by 

the tribes and by all the stakeholders to get behind that designation. 

Chairman Torres, I wanted to ask you this. We have raised the 

issue several times about BIE schools and there were various quesVerDate Mar 15 2010 10:45 Jan 24, 2018 Jkt 028358 PO 00000 Frm 00057 Fmt 6633 Sfmt 6601 S:\DOCS\28358.TXT JACK
54 

tions. A number of Pueblos in New Mexico have recently taken over 

the operation of BIE schools located on tribal lands. 

What are some of the challenges that the Pueblos have faced in 

providing their tribal members with access to high quality and culturally appropriate educational services? How do Pueblos feel about 

the current reorganization efforts? 

Mr. TORRES. I will tell you a little bit about Isleta. We took over 

our school last year. Secretary Jewell came down for that event. 

What was happening at Isleta, it was a BIE school for over 100 

years and when it started getting really bad, we had nine principals in ten years at that school. 

When we, the tribal council and the governor, decided to make 

that a tribally-controlled school, we went through the process. It 

was not easy. We got it done, so we are able to incorporate our culture, our tradition and our language into the curriculum of the 

school. We are able to hire new teachers and set up a school board, 

everything that will make the school better. 

It is not running as smoothly as it should right now. There are 

ups and downs but we expected that. It cannot run perfectly right 

off the bat. There are challenges being addressed. It is in the best 

interest of our kids because that is what it is about, our kids. It 

is not about the politicians or the parents. It is about the kids and 

about their education. That is what we thought of when we did 

that. 

There are a lot of challenges to doing what we did with the BIE. 

There were many roadblocks that were set up that we had to deal 

with just taking over the school. The communication part, it took 

us months just to get the password so that the computers that 

were there in the classrooms could be used. 

I made many calls to the Department of Education here in D.C. 

We tried to get everything addressed smoothly but it did not work 

that way. There were a lot of problems. 

We have been trying to help other Pueblos on that same track 

of taking over their schools. We are helping them as far as telling 

them what we ran into and how to go about doing certain things. 

It was difficult. 

I think the reorganization of the BIE now, the way it is being 

set up, I am curious to see if it is going to work. They have one 

department for the BIE-run schools and another department for 

tribally-controlled schools. The rest of it, I do not know but I hope 

that it works because our kids need the quality education they deserve. 

The biggest problem Isleta faces now is convincing the parents 

to bring their kids back to the school because during the time when 

the schools was not going good, parents took their kids out and 

took them to other schools. 

Now that the school is set up better and everything is different, 

the biggest challenge is to talk the parents into bringing the kids 

back. It is not going to happen overnight. It is going to be a job 

to do that. 

Senator UDALL. Thank you for your answer. I really appreciate 

that. Thank you, Chairman Hoeven, for allowing me one more 

question. 

55 

This is on health care for all of you. It has been mentioned several times about health care being a top and essential priority. 

What impact would the Administration’s proposed across-the-board 

budget gets have on tribal health care and the Indian Health Service? What would be the impact if those cuts were combined with 

proposed cuts to programs like Medicaid which brings in a notable 

amount of third party billing revenue to the Indian Health Service? 

Who would like to jump in on that one? 

Mr. NOT AFRAID. First of all, it would be devastating but as 

Crow, we have a plan if the whole world does not seek to accommodate, the solution would be allow the Crow Tribe to propose and 

with those governing dollars because obviously what we have seen 

is a lot of overhead costs in the medical field or in the department. 

I, as a veteran, utilize the VA systems which are a little more 

adequate, better service. When I go back to the IHS, they live by 

a rule called life or limbs. That being stated, they would only refer 

you out for cause of either severing a limb or it is life threatening. 

First of all, there is just poor quality care. It blows me away to hear that $130 million had to be turned back to Treasury when 

there are different regions that are not supported sufficiently financially. 

Therefore, as we have done a study, we are seeing that if you 

eliminate that department and gave the Crow Tribe its share, we 

could do enormous amounts of things for our people not only within 

health care but prevention which would alleviate the stress of long 

term issues with individuals. 

Therefore, with ACA, we would hate to see the tribes’ identity as 

well as the treaty being violated because the Crow people, the 

Crow Nation, was never captured. The Crow Nation, on the other 

hand, had always worked diligently with the government and its 

peers to obtain not only its livelihood but the sector it lives in now. 

To just put us in the same pot as we all recognize as tribal leaders, we are unique in our own ways, yet we all share the common 

deficiencies. We all share the common crimes, the common issues 

across the board, yet when Interior thinks they know what is best 

for each individual tribe and pass some sort of policy or bylaw governing, they also forget each tribe is not only unique but previous 

congressional laws omit us from those types of bylaws and policies. 

Again, that would be a discussion for myself and Zinke to iron 

out as to which laws and policies is he going to follow, what he is 

mandated under. I believe we can have a good working relationship 

but at the same time, if he does not understand history, he ain’t 

going to get very far because again, when it comes to economic development, we have over billions and billions of resources that need 

to be developed, yet with the hindrance of the bureaucracy because 

the left hand does not know what the right hand is doing in the 

Interior, that keeps the Crow Tribe incapable of development. 

It is a paper process that put tribal lands under the identity of 

public land. Therefore, it deters development. I just wanted to 

share that. It goes hand in hand because economics also complements health care. 

Senator UDALL. Thank you. 

Mr. ANDERSON. All I can say is that understanding is very prevalent for our tribe through the $18 million annually that we donate. 

56 

A lot of that goes into aiding in the health care industry or through 

economic development loans and so forth for other tribes. That kind 

of help is only needed through those deficiencies. 

We recognize that we are very, very fortunate to be able to afford 

a lot of things. That IHS money pays for a lot of things. A lot of 

urban Indians and non-members of our tribe are serviced with that 

money. 

The restrictions placed on that money limit that. I think there 

would be more use of our clinics if that was not in place. We see 

that and the biggest thing that comes to my mind is because we 

are very fortunate, we still have the issues. 

We have drug issues. One more issue before you get to rehabilitation or correction of drug use, if you will, if you are going to prevent, educate and learn about drugs and keep your kids off drugs 

and get them healthy, is aftercare. 

All of the things that precede that would be the foundation for 

just health care on its own. That is where you start. You assess 

your health, how you are doing now, what you need to do to fix 

that. 

If you have those abuse issues, which are very prevalent in Indian Country, that is just one more chip at the foundation. That 

is the way we can see it or all I can comment on for now. 

Senator UDALL. Chairman Torres. 

Mr. TORRES. I would like to share with you an example of the 

Pueblo of Laguna where the Medicaid expansion has helped the 

Pueblo of Laguna improve access to care systems on or near their 

medical home communities. 

Through Medicaid expansion, the Pueblo of Laguna enrolled approximately 768 plus members into Medicaid expansion. Increased 

funding from Medicaid allowed for purchase of referred care, expansion and stabilization. It now allows the Indian Health Service 

to expand accessibility, specialty care beyond general Indian health 

services. 

For example, patients can now and will improve their quality of 

life by receiving services such as retina surgery, knee replacements, hip replacements and so on. Medicaid expansion has improved the quality, efficiency and effectiveness for medical care 

within Native American communities. 

Offering education on Medicaid increases the knowledge of tribal 

members in the efforts of expansion for a robust and active enrollment process. Adults age 19 to 64 are eligible to apply for Medicaid. That is just one of the examples Laguna Pueblo had given 

me comments about as far as their health care. 

Senator UDALL. Thank you. 

Thank you, Mr. Chairman. Thank you for your courtesies. I really appreciate it. This was a great panel today. 

The CHAIRMAN. Thank you, Mr. Not Afraid, Mr. Anderson and 

Mr. Torres for being here. We appreciate it so much. 

If there are no further questions, members may also submit written follow-up questions for the record. The hearing record will be 

open for two weeks. 

Again, I want to thank all of you witnesses. Thank you for being 

here. We appreciate it very much. 

With that, this hearing is concluded. 

57 

[Whereupon, at 4:18 p.m., the Committee was adjourned.] 

(59) 

A P P E N D I X 

PREPARED STATEMENT OF ERVIN CHAVEZ, SCHOOL BOARD PRESIDENT/FAYE

BLUEEYES, ADMINISTRATIVE SERVICES DIRECTOR, DZILTH-NA-O-DITH-HLE

COMMUNITY GRANT SCHOOL (DCGS) 

Thank you for the opportunity to submit a statement for the hearing record on 

behalf of the Dzilth-Na-O-Dith-Hle Community Grant School (DCGS) on the Navajo 

Reservation in Bloomfield, New Mexico. During this Committee’s March 8, 2017, 

hearing, Senator McCain, Vice Chairman Udall, and Secretary Zinke expressed a 

desire to see improvement in the Bureau of Indian Education (BIE)-funded school 

system. At DCGS, we believe that all of our students are capable of achieving academic success and we work tirelessly to create the conditions that make that possible. 

DCGS has operated as a ‘‘grant’’ school in the BIE school system pursuant to the 

Tribally Controlled Schools Act (PL 100–297) since July 1, 2005. We believe that 

we have an important perspective to share on both the challenges grant schools face 

and the success that can be achieved when local decisionmaking is respected, when 

language and culture are an integral part of the curriculum and when families are 

fully invested in their children’s success. In fact, despite the challenges we face, students at DCGS are meeting or exceeding our peer-schools in the BIE and New Mexico systems, and sometimes eclipsing national scores. We want a bright future for 

our children and we offer this statement to Congress and the Administration in a 

spirit of shared purpose. 

DCGS, which has been in continuous service since 1968, operates a K–8 educational program and a dormitory program for students in grades 1–12, serving 

around 250 students in both programs. We are a tribally controlled grant school 

that is located approximately 170 miles northwest of Albuquerque. We are primarily 

funded through appropriations received from the BIE, and pass-through funding 

from the Department of Education. Our all-Navajo Board operates DCGS through 

a Grant issued by the BIE under the Tribally Controlled Schools Act. 

The Mission of DCGS is to grow, motivate, teach, and challenge our students to 

reach their fullest potential. To this end, we offer a rigorous academic curriculum 

that is rooted in Navajo language and culture. At DCGS we also believe in starting 

early. We are also one of 44 BIE-funded schools to operate a Family and Child Education (FACE) program. Through this program we provide home visits and home 

education to serve children ages 0–5 and their parents. Parents are their children’s 

first teachers. By strengthening family literacy and enhancing school readiness, we 

are promoting lifelong learning for our students and their families. Pairing the 

FACE program with our strong K–8 curriculum means that we are able to build a 

strong cultural and linguistic foundation from which our students and their parents 

can succeed. 

Academic success can be measured in many ways. We want our students to be 

well-rounded, critical thinkers and who are prepared to achieve great things once 

they leave DCGS. One component of this is ensuring that they are proficient in core, 

foundational skills that will empower them to gain new knowledge. The Partnership 

for Assessment of Readiness for College and Careers (PARCC) tests are designed to 

test these skills and we believe that PARCC proficiency is an important indicator 

of success. As you can see from our attached SY 2014–2015 PARCC test results, the 

average DCGS student score is often higher than the average student score throughout the BIE-funded school system and in the state of New Mexico. In some instances, the average DCGS student score even exceeds the national average. 

DCGS shares your concerns about the BIE’s performance and accountability. Too 

often, our ability to achieve and demonstrate academic success comes in spite of, 

rather as a result of, BIE’s involvement. For instance, in SY 2015–2016, the BIE 

purchased the PARCC tests from the vendor on DCGS’s behalf, rather than allowing 

DCGS to maintain a direct relationship with the vendor. Unfortunately, through a 

record-keeping problem, the scores from several former DCGS students who having 

been attending other schools were incorrectly attributed to DCGS. To no avail 

60 

DGCS has repeatedly asked the BIE to work with the vendor to correct this error 

and properly attribute the PARCC scores. Had we been allowed to maintain a direct 

relationship with the vendor, we believe that this error would have been corrected 

quickly. Instead, months later, we are still waiting. Because we are a small school, 

this error has had a dramatic effect on our average scores for SY 2015–2016—skewing an important marker we use to measure our success in providing a quality education for our students. We highlight this only to illustrate some of the problems 

that can arise when the BIE inserts themselves into the day-to-day decisions that 

tribal schools are already managing successfully. 

DCGS is also working with a difficult situation at the BIE where, the new Education Resource Centers that were the result of the BIE Reorganization have still 

not been staffed up properly and are not able to quickly respond to inquiries or requests for assistance. Going forward, we ask that the focus of the BIE be on supporting and partnering with tribal schools as we work to provide the best possible 

education for our students. 

Another challenge we have been working to overcome is the state of our facilities 

and the level of federal funding we receive for basic everyday operations. It has been 

painful for those of us who drive to work at DCGS past state-funded public schools 

that are still in decent condition, but are being knocked down to build brand new 

schools. For years, we would have gladly traded our own crumbling buildings for 

any of these soon-to-be demolished schools. However, Congress has given us hope 

these last three years. Not only has Congress, for the first time fully funded Tribal 

Grant Support Costs (the Contract Support Costs for tribal grant schools) but Congress has also increased funding for other essential priorities such as the Indian 

School Equalization Program (ISEP) (our core funding source), Facilities Operation 

and Facilities Maintenance, and Replacement School Construction. In 2016, we were 

overjoyed to be selected as among the BIE-funded schools eligible for school construction funding. With planning funding in hand, we are now meeting weekly with 

a team from the Bureau of Indian Affairs Albuquerque Facilities and Construction 

Center and the firm we selected, Rock Gap Engineering, a 100 percent Native American owned engineering and construction firm. We are engaged in each stage of the 

planning process and are making sure that there is an accounting for each and 

every penny of our hard won planning funds. We anticipate that the planning phase 

will be complete in June of this year and look forward to the design phase beginning 

shortly after. 

What is difficult for us to bear is that just as Congress has more fully recognized 

the real need that tribal schools have for equitable funding and safe facilities, there 

have also been discussions about bringing in for-profit charter schools and making 

federal funding more ‘‘portable’’. As tribally controlled grant schools in the BIE 

school system, we operate in many ways like charter schools: we have greater leeway than the BIE-run schools to manage our school and design innovative ways to 

engage our students. If we are granted even greater freedom on curriculum design 

and more equitable facilities, we believe that we could help our students achieve 

even more. However, we are concerned that if opportunities for for-profit charter 

schools are expanded, we do not think that Congress would appropriate any more 

funds for the BIE school system. Rather, any new for-profit charter schools that are 

built would rob tribal grant schools in the BIE system of the opportunity for being 

repaired or replaced for the very first time in decades. We have already watched 

from the sidelines while Congress spent over a billion dollars to replace aging facilities in the Department of Defense-funded school system while BIE-funded schools 

were left behind. These past few years have been our very first opportunity to try 

to catch up. We hope you will work with us to ensure that these vital gains are not 

siphoned off just as we are beginning to invest in fundamental improvements that 

will create healthy and productive learning environments for our students. 

The Mission of DCGS is to grow, motivate, teach, and challenge our students to 

reach their fullest potential. Everything we do as a school, we do with this mission 

in mind. We believe that our model of local decisionmaking, high standards, respect 

for language and culture, and close engagement with family and community can be 

replicated. Our students are our future and we submit these comments in a spirit 

of shared purpose. As both Congress and the Administration continue to exercise 

oversight over Indian education, please consider us a resource. 

61 


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62 

PREPARED STATEMENT OF LORENZO BATES, SPEAKER OF THE 23RD NAVAJO NATION

COUNCIL

Y’t’e ́e ́h Chairman Hoeven, Vice-Chairman Udall, and Members of the Committee. 

My name is LoRenzo Bates and I currently serve as the Speaker of the 23rd Navajo 

Nation Council, which serves as the governing body of the Navajo Nation. Thank 

you for the opportunity to submit testimony to the committee on a matter of great 

significance to the Navajo Nation on behalf of our 110 chapters and the over 300,000 

enrolled members of our tribe. 

In December, several of my Council colleagues and I had the opportunity to 

present our priorities during the listening session hosted by the Trump Administration’s Native American transition team. During that time, I also had the honor of 


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meeting with several key Congressional members to present a document outlining 

the priorities of the Navajo Nation. 

Now that the Trump Administration is in office and the Senate has confirmed 

Honorable Ryan Zinke to serve as the Secretary of the Interior, we feel it is crucial 

to once again present these priorities that have been developed based on input and 

recommendations from the Navajo people, communities, and leadership. 

However, before I provide a broad overview of the Navajo Nation’s priorities, I 

would like to address a very important issue that has developed in recent months 

that requires the attention of all who hold the best interests of Indian tribes in their 

highest regard. As you may be aware, the owners of Navajo Generating Station 

(NGS) power plant recently voted to end their ownership of the plant at the end 

of 2019. This has created uncertainty for the Navajo Nation moving forward. 

The power plant not only provides approximately one third of the Navajo Nation’s 

annual budget every year and hundreds of well-paying jobs for many Navajo people, 

but it also is the sole purchaser of coal from the Kayenta Mine which is owned by 

the Navajo Nation and Hopi Tribe. Royalties from the coal sold to NGS provides additional revenue and jobs for the Navajo Nation as well. 

Acting Deputy Secretary of the Interior James E. Cason took the initiative of 

bringing all of the stakeholders together on March 1, 2017 to discuss potential options. The stakeholders agreed to work collectively to develop possible solutions including identifying possible new owners and operators of NGS, and purchasers of 

the coal from Kayenta Mine. The next meeting is scheduled to take place in April 

where stakeholders will provide updates on their progress. 

Moving forward, it is very important that the Senate Committee on Indian Affairs 

is aware of the circumstances involving Navajo Generating Station and Kayenta 

Mine. We ask that your committee as well as your Congressional offices monitor 

this situation and we ask for your support moving forward. 

Below are the common priorities developed by the three branches of government. 

The listing provides a broad overview and of these priorities and we are more than 

willing to discuss these issues with you in detail. 

Common Priorities of the Navajo Nation Government 

Infrastructure Development & Improvements 

• Roads, to gravel and grade 

• Power Lines, three-phase and residential 

• Water, main and individual tap-off 

• Waste Water lines & Sewer Lagoons 

• Telecommunication & Broadband 

• Information Technology & Sharing 

• Rural Addressing & E911 

• Former Bennett Freeze Recovery Plan 

Economy 

• Job Creation & Business Opportunity 

• Partnership 

• Bank 

• Energy 

• Economic Zoning 

• Revenue Generating & Investment 

Water Rights 

• Utah Water Rights 

• Little Colorado River 

• Colorado River 

Housing & Public Facility 

• Navajo Housing Authority, TDHE 

• Governmental Employee Housing 

• College Student Housing 

• Nursing Homes 

• Head Start Facilities 

• Multipurpose Centers at Chapters 

• Agency Office Complexes 

• Council Chambers & Executive Office Complex 

• Supreme Court Complex 

• Judicial Complexes 

• Solid Waste Transfer Stations 

• Trauma Centers 

64 

Education 

• Head Start, Early Education 

• Dine ́ Language & Culture Preservation 

• Scholarships 

• Grant & Contract Schools 

• Tribal College & Vocational Training 

Human Services 

• Healthy Lives & Strengthening Families 

• Health Department Regulatory 

• Veterans 

• Elderly & Youth 

• Urban Services 

• Treatment Centers 

• Medicare & Medicaid 

Governance 

• Chapter Government 

—LGA & CLUP 

—Administrative Service Centers 

—Local Dispute Resolution & Ordinances 

• Improving & Streamlining Governmental Process 

• Grant & Contract Management 

• Federal Law Amendments 

• Utah Navajo Trust Fund 

• Procurement Rule & Regulation 

• Employee Professional Development 

• Independent Judiciary 

• Sovereignty & Dine ́ Fundamental Law 

• Budgetary Process 

Public Safety & Judicial 

• Additional Law Enforcement & Other First Responder Personnel 

• Police Substations 

• Fire & Rescue Services 

• Equipment 

• Restorative Justice 

Natural Resources 

• Land 

—Range Land Management & Improvement 

—Streamline Land Purchases 

—Livestock 

—Agriculture & Farming 

—Fort Wingate 

• Water 

—Navajo/Gallup Project 

• Environment 

• Energy Development 

• Uranium Remediation 

As I stated previously, this is a brief overview of the many priorities and needs 

of the Navajo Nation. I do not want to convey that we are simply asking for the 

Federal Government’s assistance, but we are instead seeking partnerships with the 

various federal agencies on initiatives that we are currently undertaking. 

For example, over the last year the Navajo Nation Council has approved over 

$330 million for water infrastructure projects, economic development projects, agricultural development, and various other initiatives. We have stepped up to the plate 

and put forth our own funds to address many areas identified within the list of priorities. 

We look to continue meeting with the Trump Administration, Congressional members, and the Senate Committee on Indian Affairs to address these areas and to 

form and/or further develop partnerships to move us forward. The Navajo Nation 

Council is always willing and ready to sit down with all of you to discuss these 

issues. 

65 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN HOEVEN TO

HON. RYAN ZINKE

Question 1. Mr. Secretary, how do you balance taking off reservation land into 

trust and the balance of preventing off reservation casino shopping? The premise 

behind allowing tribes to open casinos was to provide an economic engine for the 

tribe and its members, allowing them to diversify their business interests for their 

long term economic success within their homelands. It appears that tribal homelands have been expanded, from their aboriginal tribal homelands. Mr. Secretary, 

what parameters will you put in place for this balance? 

Answer. Mr. Chairman, I understand the need to find balance in the off reservation gaming process. I also know how important the land into trust process is for 

tribes. I have been working with Indian Affairs, particularly the Office of Indian 

Gaming, and the Solicitor’s Office to get a better grasp on where things stand and 

how to best proceed. Once we have identified a path forward, I would be happy to 

update you. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN MCCAIN TO

HON. RYAN ZINKE

Question 1. BIE School Safety. I am told that the BIE/BIA has completed inspections of all 185 BIE schools. As we discussed during hearing, please provide me with 

a status report on the state of BIE facilities in Arizona. 

Answer. Senator, I can confirm that in FY 2016, Safety and Health inspections 

were conducted at 100 percent of BIE schools. The attached spreadsheet, titled FY 

2016 Safety and Other Inspections Status Report, shows the 53 BIE school locations 

in Arizona and when their Safety and Health inspections were conducted in FY 

2016. As of this response, 35 of the 53 schools in Arizona have already had their 

Safety and Health inspection conducted for FY 2017. The remaining schools are set 

to be inspected by June 2017. The following summary chart shows the condition 

summary for each of the 53 schools in Arizona as of the end of FY 2017 first quarter 

reporting: 

Summary of BIE Schools Condition in Arizona by Facility Condition Index (FCI) as of 

March 31, 2017 

Condition Number Percent 

Good 12 22 

Fair 11 21 

Poor 30 57 

Total 53 

Question 2. 2017 GAO High Risk report (GA0–17–317 High Risk Series). In 3 different reports dating back to 2013, the GAO made 13 recommendations to improve 

Indian Affairs’ management of BIE schools. However, as of the 2017, eleven of 

GAO’s recommendations remain open. When will the Department be responding to 

GAO’s eleven outstanding recommendations? 

Answer. BIE has committed to me that they are working to complete the actions 

recommended in each of the three GAO reports: 

GAO–13–774 

Five recommendations: (1) Develop and implement decisionmaking procedures 

which are documented in management directives, administrative policies, or operating manuals; (2) develop a communication strategy; (3) appoint permanent 

members to the BIE-Education committee and meet on a quarterly basis; (4) 

draft and implement a strategic plan with stakeholder input; and (5) revise the 

BIE strategic workforce plan. 

BIE has completed the implementation of findings two, three, and five. In turn, 

the GAO has cleared those findings. BIE is continuing to implement GAO’s recommendations with respect to findings one and four. Specifically, BIE plans to 

draft and implement a Departmental Manual and updated Strategic Plan as 

soon as possible. 

GAO–15–121 

Four recommendations: (1) Develop a comprehensive workforce plan; (2) implement an information sharing procedure; (3) draft a written procedure for makVerDate Mar 15 2010 10:45 Jan 24, 2018 Jkt 028358 PO 00000 Frm 00069 Fmt 6601 Sfmt 6621 S:\DOCS\28358.TXT JACK
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ing major program expenditures; and (4) create a risk-based approach in managing BIE school expenditures. 

BIE submitted a finalized closure package to GAO for recommendations two, 

three, and four in August 2016. BIE is continuing to develop a comprehensive 

workforce plan to address recommendation one. A draft has been completed, 

and my team is further reviewing the plan. 

GAO–16–313 

Four recommendations: (1) Ensure that all BIE schools are inspected as well 

as implement a plan to mitigate challenges; (2) prioritize inspections at schools 

where facility conditions may pose a greater risk to students; (3) develop a plan 

to build schools’ capacity to promptly address safety and health problems with 

facilities and improve the expertise of facility staff to maintain and repair 

school buildings; and (4) consistently monitor whether schools have established 

required safety committees. 

To address findings one and two, BIE has worked with the Bureau of Indian 

Affairs (BIA) to implement a Safe School Audit. The audit was successfully completed at all BIE-funded schools and the agencies started the process of implementing corrective measures for all identified deficiencies. For findings three 

and four, BIE is conducting ongoing staff and administrator training and is 

working with BIA to provide ongoing support for school safety committees 

through school inspections. I recognize reporting for such activities is lacking, 

so BIE is working with BIA to provide oversight of such inspections. 

Funding of BIE of schools. In GAO’s 2014 report Bureau of Indian Education 

Needs to Improve Oversight of School Spending, GAO estimated that the average 

per pupil expenditures for BIE-operated schools were about 56 percent higher than 

for public schools nationally in school year 2009–10, and BIE operated day schools 

spent an estimated average of at least $15,391 per pupil. Please answer the following questions for both BIE-operated and tribally operated BIE schools. 

Question 3a. Are BIE schools funded based on the number of enrolled students? 

If so, what proportion of funding is based on the number of enrolled students? 

Answer. As an initial matter, it should be noted that the GAO report acknowledged that both student demographics and smaller enrollments in, and the remote 

locations of many, BIE schools contributes to this higher per pupil expenditure. 

The student count submitted by schools is used to calculate the average daily 

membership (ADM) which then has weights applied pursuant to 25 CFR Part 39 

to generate weighted student units (WSUs). With the exception of student transportation, tribal grants support costs funds, facilities operations, and maintenance 

funds, all other funds are allocated to schools based on their total ADM or WSU. 

Question 3b. Is there a standard way that BIE schools report student enrollment? 

Answer. Yes. Under Public Law 95–561, as amended, and 25 CFR Part 39, each 

student is counted based upon statutory criteria. All schools report their student 

count data using the Native American Student Information System (NASIS), a student count application adopted by BIE in 2005. 

Question 3c. Do BIE schools receive additional funding weights based on student 

characteristics (ex: English language learners, low income students, students with 

special needs)? 

Answer. Yes. Students receive weights for their basic academic programs and supplemental weights if they participate in a residential, gifted and talented, and/or 

language development program. The Department of Education has provided about 

21 percent of funding for BIE schools through a variety of programs, including the 

Elementary and Secondary Education Act (ESEA) and the Individuals with Disabilities Education Act (IDEA) Part B Grants to States program. 

Question 3d. How do per pupil allocations differ between tribes and geography? 

Answer. The per pupil allocation is calculated from the student data entered by 

each school in both the BIE database and via the Indian School Equalization Program (ISEP) formula. Weights are assigned to each student based on the student’s 

grade, base program, and supplemental programs. Students with the same characteristics generate the same weights and dollar amount, regardless of school location, 

school operator, or tribal affiliation. 

Question 3e. How do facilities funding processes differ between BIE- and triballyoperated schools? 

Answer. The facilities funding process is the same for all BIE and tribally operated schools. The funding is calculated using the data entered by the individual 

school in Indian Affairs’ facilities database program, Maximo. The Maximo system 

utilizes a formula that calculates the facility’s needs based on the data from each 

school. 

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Question 3f. Using the most recent available data, please estimate per pupil expenditures at BIE schools in categories of instruction, transportation, facilities operations and maintenance, and administration. 

Answer. Please see the attached table labeled as responsive to Q. 3. 

Attachments 


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RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JAMES LANKFORD TO

HON. RYAN ZINKE

Question 1. There are times that a tribe may place land into trust for the purposes of economic development or other venture then, sometime later, decide to utilize the land for gaming. In this type of situation, are there any steps the tribe must 

go through to seek authorization from the Department before gaming may be conducted? How do these steps, if there are any, compare to the process the tribe would 

go through if they had originally applied to place the land into trust for gaming? 

(Please answer for situations where the land is on and off of the tribe’s reservation 

or, the case of Oklahoma, on or off of the tribe’s former reservation boundaries.) 

Answer. Any land upon which a tribe wishes to conduct gaming must be legally 

eligible for gaming per the criteria set forth in the Indian Gaming Regulatory Act 

(IGRA). Tribes often apply to the Department or to the National Indian Gaming 

Commission for an Indian Lands Determination, which is a legal opinion about the 

eligibility of the land for gaming. 

In addition to a determination of whether the lands are eligible for gaming, IGRA 

requires that tribes conducting class III gaming enter into a tribal-state compact 

with the state in which the gaming enterprise is proposed. Class III gaming is lawful only if authorized by a tribal ordinance or resolution that is approved by the National Indian Gaming Commission (NIGC). Tribes must also license gaming facilities 

and notify the NIGC of such licensing. If a tribe elects to have its casino managed 

through a third-party, a gaming management contract must also be approved by 

NIGC. In cases where the lands are already in trust, the NIGC typically determines 

whether the lands are eligible for gaming. 

Question 2. Can you provide a list of any casinos operating under the authority 

of the Indian Gaming Regulatory Act in Oklahoma that are on land originally 

placed into trust for a different purpose then later utilized for gaming? 

Answer. Senator, the Department has not historically maintained a list of Tribal 

gaming facilities that are on land originally placed into trust for another purpose. 

That said, we are interested in looking into methods to better track this information 

during my tenure. 

Question 3. Over the last few years, I have asked the Department to provide a 

detailed listing of metrics used to gauge the success and impact of individual programs relating to Indian Country. This has included a request of the Department 

to provide individual program level goals and plans made in advance of an upcoming year (fiscal or calendar) than any review conducted to determine whether or not 

the individual program has met those goals after the conclusion of that year. In response the Department has provided aspirational goals for solving issues or problems in Indian Country each year but not any program level metrics, goals, or plans 

followed by analysis at the end of the year on how well those goals or plans were 

met. Will this level of detailed program goal planning and measuring be a priority 

under your leadership and, if so, could you provide any initial program level goals 

you and your staff have started to develop? 

Answer. As a former military commander, I place great merit in setting detailed 

goals for my team to assess what we have done and where we are going. I will lead 

the Department forward in this same way. Data should drive the policy, and I will 

work to identify, track, and improve performance metrics for our programs. 

Question 4. Do you believe there are ways to improve the provision of programs 

and benefits for Indian Country by increasing cooperation and coordination between 

the Department and the various other federal Departments that provide services to 

American Indians and tribes? Specifically, are there ways to ensure that the Department is not operating and funding programs seeking to accomplish the same or 

similar goals as programs housed in other cabinet level Departments? 

Answer. I firmly believe there are ways for the federal government to coordinate 

more efficiently and effectively with tribes, which is why I committed to Chairman 

Hoeven at the hearing to work with my colleagues across the various Departments 

to make our work as efficient and effective as possible. I, too, believe it is important 

to review programs and services to ensure they are not duplicative in scope and 

funding. We must be resourceful while also continuing to fulfill our trust responsibilities to tribes. 

Question 5. In what ways will the Administration support tribes seeking to leverage their energy resources for economic development? Would this include providing 

technical support for tribes seeking to take over the management of resources and 

the issuance of permits for energy development? 

73 

Answer. I am committed to evaluating all opportunities within the Department 

to strengthen and support tribes’ abilities to develop their energy resources as they 

so choose. 

Question 5a. As of the end of 2016, no tribe had entered into a Tribal Energy Resource Agreement (TERA) as allowed by the Energy Policy Act of 2005. Will the Administration put in place clear protocols that will allow interested tribes to easily 

enter into these agreements? 

Answer. As Secretary, I want to ensure we use existing authorities so tribes have 

the ability, authority, and independence to control their energy futures. 

Question 5b. In at least some situations, the BIA must give final approval for permits for oil and gas development on tribal land. If a relevant tribal governing authority has given sufficient review and approval to that permit before it is considered by the BIA, would the Administration consider a policy that this review and 

sign-off is not a federal action under NEPA if that tribal authority has agreed to 

a waiver of federal liability for any actions occurring after that permit is approved? 

Answer. Like the President, I am dedicated to putting our nation back on track 

towards energy independence and creating good paying jobs. This also applies to 

tribes who are interested in developing their resources, from coal to wind energy. 

I commit to you that I will review policies that will empower tribes to responsibly 

develop their own resources, if that is their choice. 

Question 6. Does the Department intend to conduct a count this year of Indian 

students attending public schools for the Johnson O’Malley Program? 

Answer. Recognizing that congressional action is needed to change the current 

funding methodology, I have tasked BIE to complete a new student count and will 

work with JOM contractors to ensure JOM students are included. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. AL FRANKEN TO

HON. RYAN ZINKE

Question 1. Indian Gaming. Secretary Zinke, the Indian Gaming Regulatory Act 

mandates that Indian tribes use gaming net revenue for government purposes. 

These funds supplement basic services like health care, education, housing, public 

safety, and roads. The Indian Gaming Regulatory Act also expressly prohibits state 

taxation of tribal gaming. Despite this, I have heard from tribal leaders concerned 

that the Trump administration might push for state taxation of tribal gaming, 

which would be in line with President Trump’s past unfavorable statements regarding Indian gaming. 

Secretary Zinke, will you protect Indian gaming against any new taxes or regulations that will limit the existing rights of tribal governments to conduct gaming on 

their lands under the Indian Gaming Regulatory Act? 

Answer. I am an advocate for tribal sovereignty and self-determination. In considering any new regulations or policies, I will comply with Federal laws, including 

IGRA, and the Department’s tribal consultation policy. 

Question 2. Sexual Violence in Indian Country. A recent National Institute of Justice report found that more than half of American Indian and Alaska Native womenand more than one in four men- have experienced sexual violence in their lifetime. 

And among those who have experienced sexual violence, almost all—96 percent of 

women and 89 percent of men—have been victimized by a non-Indian partner. That 

is a horrific statistic. And despite their prevalence, crimes of sexual violence committed by non-Indians in Indian Country often go unprosecuted and unpunished, 

leaving victims without justice and offenders on the loose. So last Congress, Senator 

Murkowski and I introduced the Justice for Native Survivors of Sexual Violence Act, 

which would recognize and reaffirm Indian tribes’ inherent power to exercise criminal jurisdiction over non-Indians who commit crimes of sexual violence in Indian 

Country. This commonsense legislation will lay the groundwork for tribes to address 

sexual violence in their communities in a meaningful way, and I’m looking forward 

to reintroducing the bill soon. 

Secretary Zinke, for your part, I want to know from you how the Interior Department will work with tribes to strengthen their tribal justice systems and ensure 

that they have the resources they need to take on this critical work. I also understand that the Department of Justice has the primary responsibility for investigating and prosecuting crime in much of Indian country. When Senator Sessions 

came before the Judiciary Committee, I asked him about his views on these issues 

and was concerned by how much he has to learn about law enforcement in Indian 

Country. Can you assure me that you will coordinate and share information with 

74 

the DOJ to ensure that there is a comprehensive understanding of how these crimes 

impact Indian Country? 

As a follow-up Secretary Zinke, I would encourage you to bring the Attorney General with you the next time you visit Indian Country. 

Answer. Senator, I will work closely with the Attorney General and our colleagues 

at the Department of Justice to strengthen our collaborative efforts to keep Indian 

Country safe and to ensure that victims of crimes are able to seek justice. 

Question 3. School Construction. Indian school construction is always in need of 

increased funding. Bureau of Indian Education schools across the country are falling 

apart. In Minnesota, after years of fighting for funding, we were finally able to start 

construction to rebuild the Bug-ONay-Ge-Shig high school last summer. American 

Indian students should not be excluded from receiving an exceptional education. Yet 

Indian school buildings are often unsafe, harmful to the health of children and 

teachers, and are ultimately a barrier to the education of students. 

Secretary Zinke, in your testimony you state that—and I quote—‘‘It is unacceptable that some of our students are attending schools that lack the most basic necessities, like insulation and clean water.’’ I agree. But we can’t prevent this problem 

without adequately funding school construction. As our new Secretary of the Department of the Interior, will you commit to fighting for increased funding for BIE 

school construction so our Indian students don’t have to learn in unsafe settings? 

Answer. My staff and I are committed to addressing BIE school infrastructure 

needs. We continue to review new approaches to ensure all funds are utilized effectively and efficiently. I want to guarantee that the projects we support improve safety and foster a conducive environment for our students to receive an exceptional 

education. 

Question 4. Opioid Crisis. In Minnesota and across the nation, opioids have become a public health emergency. Indian reservations in my state have been on the 

frontline of this crisis and the statistics of how this is impacting future generations 

is incredibly troubling. In fact, American Indian women are 8.7 times more likely 

to be diagnosed with maternal opiate dependency during pregnancy compared to 

non-Hispanic whites, and more than one in ten newborns among American Indian 

women in Minnesota are born opioid dependent. I’ve met with many tribal leaders, 

and what’s clear from these meetings is that we need a multipronged approach to 

address the opioid crisis in Indian Country. We need more research, less over-prescription, greater resources for prevention, and better access treatment. 

Secretary Zinke, how do you plan to collaborate with your federal counterparts at 

IHS and HHS, as well as state, and regional stakeholders to create interventions 

to combat the opioid epidemic? And how will you leverage input from Native Americans or other communities to develop effective, culturally-based interventions? 

Answer. I have seen firsthand what the opioid crisis has done to tribes in Montana. It is devastating to see the shattered families and communities who continue 

to suffer from the effects of opioids. While the majority of substance abuse services 

to Indian County falls under the Department of Health and Human Services (HHS), 

I see great merit in collaborating with my colleagues across agencies to meaningfully address the epidemic. This also includes consulting with tribes on a path forward. 

Question 5. Dental Therapy. The lack of consistent and reliable access to oral 

health care has long been an issue facing Indian country. Increasingly, tribes have 

expressed interest in utilizing mid-level providers such as dental therapists to address this need. States like Minnesota and Alaska—have already authorized the 

ability for dental therapists to practice—and have demonstrated that dental therapists increase access to critically needed and culturally competent care for rural and 

Indian communities. 

Secretary Zinke, will you commit to working with your colleagues at the Indian 

Health Service and Department of Health and Human Services to address the 

health care needs of American Indian tribes by continuing to build on models that 

promote increased access to quality oral health care? 

Answer. Yes, I will work with my colleagues at IHS and HHS to better coordinate 

and support health needs across Indian Country. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. CATHERINE CORTEZ MASTO

TO HON. RYAN ZINKE

Question 1. In my home state of Nevada, the recently designated Gold Butte National Monument protects a wealth of cultural resources of significance to the entire 

American people, but in particular Native American tribes of this area. Moapa Band 

75 

of Paiutes, Las Vegas Paiute Tribe, Ely Shoshone Tribe, and the Paiute Indian 

Tribes of Utah supported the designation of this monument. 

As steward of these lands, will you commit to protecting these cultural resources 

and taking into account the support of these tribes when considering any decisions 

regarding future management of the Gold Butte National Monument? 

Answer. Regardless of the issue, consultation with tribes is paramount. I remain 

committed to working with tribes on a government-to-government basis, particularly 

when it pertains to matters under Interior’s jurisdiction. 

Question 2. When ancestral tribal lands or sacred lands are managed by another 

government entity such as the Bureau of Land Management, which you oversee, 

what is your vision of the Department’s responsibilities to the tribes in area management? 

Answer. Senator, I strongly believe government-to-government consultation is key 

when making any land management decisions. I remain committed to working with 

tribes to ensure meaningful consultation occurs, not only with the Bureau of Land 

Management, but the other bureaus I oversee. 

Question 3. One issue that is of serious concern to tribal communities in Nevada 

and across the region is the vandalism and destruction of cultural resources like 

petroglyphs as well as looting and grave robbing. 

At places like Gold Butte National Monument, these incidents have continued to 

be a concern to the locals. While the national monument designations sought by 

tribal leaders are a step in the right direction to provide further protections, I need 

your assurance that they will continue to be protected. 

What is your vision for ensuring federal law enforcement and federal land managers have the tools and resources necessary for preventing looting and vandalism 

which destroys cultural resources and sacred sites? 

Answer. Our federal land managers and law enforcement personnel provide critical services in the field. This includes protecting important cultural resources and 

sacred sites. As Secretary, I seek to inspire and empower those on the ground to 

perform these important jobs to the best of their abilities. 

Question 4. Some have suggested eliminating federal law enforcement on federal 

lands and shifting this responsibility onto our already overburdened law enforcement. Given the specialized training needed for these entirely different law enforcement roles and the federal trust responsibility that exists for protecting these lands, 

do you think it is appropriate to eliminate federal law enforcement on federal lands? 

Answer. As Secretary of the Interior, I believe our law enforcement personnel perform a critical role on the front lines to protect our tribal communities, along with 

natural resources and the people who access them. I am committed to ensuring they 

are amply supported in their roles. At the same time, it is imperative that the Department continue to collaborate with state, tribal and local law enforcement in situations requiring greater support. 

Question 5. The Federal Government is required to, and has a responsibility to, 

engage in regular and meaningful government-to-government consultation and collaboration with tribal officials. 

Do you believe that the government’s consultation policy was followed properly in 

the decisions surrounding the Dakota Access Pipeline in North Dakota? 

Answer. As Secretary, I am working to rebuild trust among our great Indian Nations, which comes from mutual respect. I believe that through mutual respect, we 

can seek common ground on matters such as infrastructure projects. 

Question 6. The President has supported projects, like DAPL, as not only energy 

investment but as critical infrastructure. He also supported a $1 trillion infrastructure package. 

Consideration this directive, what do you believe is the appropriative amount to 

allocate to tribes to address their critical infrastructure needs? 

Answer. The Department is currently reviewing infrastructure needs across Indian Country. The President’s infrastructure plan is currently under consideration, 

and as possible consideration moves forward, I will seek to work with others in the 

Administration bring to light infrastructure needs across Indian Country. 

Question 7. What is your estimate of the overall need in Indian country? What 

are your top priority infrastructure needs in Indian country, and how do you plan 

to address their critical infrastructure needs? 

Answer. I learned very quickly in Congress that our nation’s tribes are not monolithic. As Secretary, I now know their infrastructure needs are equally as diverse. 

This is why I have tasked leaders within Interior to evaluate and assess infrastructure priorities under Indian Affairs, which includes Bureau of Indian Education 

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schools. We continue to gather and prioritize these needs as part of an ongoing process. 

Question 8. The Federal Government is required to, and has a responsibility to, 

federal agencies to engage in regular and meaningful government-to-government 

consultation and collaboration with tribal officials. 

Will the government’s consultation policy be appropriately upheld with this new 

Administration? 

Answer. As I stated at the hearing, sovereignty should really mean something. I 

remain committed to collaborating on priorities in Indian Country on a governmentto-government basis, always as equals, not rivals. 

Question 9. What commitments have you made to tribes on investments in infrastructure for tribes? Please provide details and any Nevada specific information. 

Answer. My team at Interior is evaluating infrastructure needs across the Department, including in Indian Country. Those evaluations and reviews remain ongoing. 

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