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S. HRG. 109–665

NOMINATION OF CARL J. ARTMAN

HEARING

BEFORE THE

COMMITTEE ON INDIAN AFFAIRS

UNITED STATES SENATE

ONE HUNDRED NINTH CONGRESS

SECOND SESSION

ON

THE NOMINATION OF CARL J. ARTMAN TO BE ASSISTANT SECRETARY

OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

SEPTEMBER 14, 2006

WASHINGTON, DC

(
COMMITTEE ON INDIAN AFFAIRS

JOHN McCAIN, Arizona, Chairman

BYRON L. DORGAN, North Dakota, Vice Chairman

PETE V. DOMENICI, New Mexico

CRAIG THOMAS, Wyoming

GORDON SMITH, Oregon

LISA MURKOWSKI, Alaska

MICHAEL D. CRAPO, Idaho

RICHARD BURR, North Carolina

TOM COBURN, M.D., Oklahoma

DANIEL K. INOUYE, Hawaii

KENT CONRAD, North Dakota

DANIEL K. AKAKA, Hawaii

TIM JOHNSON, South Dakota

MARIA CANTWELL, Washington

JOHN TAHSUDA, III, Majority Staff Director

SARA G. GARLAND, Minority Staff Director

(II)
(III)

C O N T E N T S

Page

Statements:

Artman, Carl J., nominee to be assistant secretary, Indian Affairs, Department of the Interior, Washington, DC ................................................. 4

Dorgan, Hon. Byron L., U.S. Senator from North Dakota, vice chairman,

Committee on Indian Affairs ....................................................................... 2

Hughes, Kathy, vice chairwoman, Oneida Nation of Wisconsin ................... 3

Johnson, Hon. Tim, U.S. Senator from South Dakota .................................. 3

McCain, Hon. John, U.S. Senator from Arizona, chairman, Committee

on Indian Affairs ........................................................................................... 1

Thomas, Hon. Craig, U.S. Senator from Wyoming ........................................ 2

APPENDIX

Prepared statements:

Artman, Carl J. (with attachment) ................................................................. 9

Conrad, Hon. Kent, U.S. Senator from North Dakota .................................. 14

Additional material submitted for the record:

Inter-Tribal Council of the Five Civilized Tribes Resolution No. 20006–

09 .................................................................................................................... 15

Letters ............................................................................................................... 17

Biographical and Financial Information Requested of Department/Agency

Nominees ....................................................................................................... 29

Questions with responses ................................................................................. 49

(1)

NOMINATION OF CARL J. ARTMAN

THURSDAY, SEPTEMBER 14, 2006

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

The committee met, pursuant to notice, at 9:30 a.m. in room 485

Senate Russell Office Building, Hon. John McCain (chairman of the

committee) presiding.

Present: Senators McCain, Dorgan, Johnson, and Thomas.

STATEMENT OF HON. JOHN MCCAIN, U.S. SENATOR FROM

ARIZONA, CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS

The CHAIRMAN. Good morning.

This morning, the committee will receive testimony on the President’s nomination of Carl Artman to be Assistant Secretary for Indian Affairs in the Department of the Interior. A statement will

also be made by Kathy Hughes, the vice chairperson of the Oneida

Tribe of Wisconsin, of which Mr. Artman is a member.

On Thursday of last week, the committee members received a

committee memorandum containing the background information

for Mr. Artman. In addition, I have had the opportunity to meet

personally and I understand that a number of the members have

as well. His background and my discussions with him convince me

that he possesses the personal and professional qualifications for

this job. In fact, I would note that Mr. Artman appears to have a

varied background with business and government service

intermixed, which will serve him well in what is one of the most

challenging positions in the Federal Government. I believe the

President has chosen wisely in nominating Mr. Artman.

[Prepared statement of Senator McCain appears in appendix.]

The CHAIRMAN. Mr. Artman, before we proceed, I must add this

comment. Among the very significant challenges your agency faces,

the trust fund litigation is the greatest. This committee has worked

very hard to try to find a reasonable resolution to this disaster.

Over 5 weeks ago, the vice chairman and I met with Secretary

Kempthorne and Attorney General Gonzales and proffered what we

believe to be a reasonable resolution. Both the Secretary and the

Attorney General said they would circulate that within the Administration and get back to us. To date, we have had no official response and the window for action this year is closing fast.

Therefore, we have sent a letter to the Secretary and the Attorney General again asking for a final assessment and response. I

think it is incomprehensible that the Administration would not be
2

able to come up with at least a response to what is a product of

years of effort on the part of this committee and the interested parties.

Please take this message back to the Secretary. We understand

he has been working hard to find a settlement solution, but if we

don’t act now, this historic opportunity will be lost.

Before we begin, I must note that many of our colleagues have

additional commitments this morning, including an Armed Services

meeting I must attend. While I know that there are many questions to ask of Mr. Artman, I hope that we can proceed with some

dispatch. As we know, Mr. Artman has committed to giving responses to written questions back to us by Monday.

Senator Dorgan.

STATEMENT OF HON. BYRON L. DORGAN, U.S. SENATOR FROM

NORTH DAKOTA, VICE CHAIRMAN, COMMITTEE ON INDIAN

AFFAIRS

Senator DORGAN. Mr. Chairman, thank you very much.

Mr. Artman and I had a meeting earlier this morning. I appreciate his time. The vice chairman of the Oneida Tribe is with us

today as well, I understand. Kathy Hughes, we welcome you.

I am going to simply put my entire statement in the record. I

will defer asking questions as well. I do want to make a comment

about the Cobell case. I told Mr. Artman this morning that I am

going to support him, and I think he is someone who has really excellent qualifications. I suggested that the only reason to take these

jobs is to make a difference and to speak out and be strong. In his

tenure, I think the Cobell case, if unresolved, will weigh over all

the other issues and have a profound impact on virtually everything else that the Department of the Interior is trying to do with

respect to these Indian issues.

I know that there have been meetings with Interior, Treasury,

Justice, and OMB. It seems to me that there is a less urgent interest in this at the Office of Management and Budget. My hope is

that the Administration will find a way to bring all these agencies

together and understand the urgency of trying to solve this problem, and doing so very soon because the clock is ticking. If we don’t

get it resolved now, this is going to drag on for years and will impact virtually every other Indian program.

So again, Mr. Artman, thank you for coming in this morning for

a good visit. I look forward to hearing your comments today. Then,

I look forward to when you are confirmed. I think you will be. I

look forward to working with you on some very vexing problems

and challenges that we must resolve.

The CHAIRMAN. Senator Thomas.

STATEMENT OF HON. CRAIG THOMAS, U.S. SENATOR FROM

WYOMING

Senator THOMAS. Thank you, Mr. Chairman. I won’t take time.

I, too, am impressed with the background that Mr. Artman has.

Unfortunately, I have not had an opportunity to visit with him, but

I will look forward to doing that, and we can move on with the

committee.

The CHAIRMAN. Senator Johnson.
3

STATEMENT OF HON. TIM JOHNSON, U.S. SENATOR FROM

SOUTH DAKOTA

Senator JOHNSON. Thank you, Mr. Chairman.

I will just briefly say to Mr. Artman, congratulations. I am supportive of your nomination. In my State, several lawsuits have arisen between tribes and the BIA. While some disputes are probably

unavoidable, in many cases an improved commitment to providing

meaningful consultation with tribal governments would go a long

ways toward reducing the amount of litigation the tribes have felt

forced to pursue.

The tribes in my State are some of the poorest in the Nation. So

when they choose to exhaust their minimal resources on the cost

of litigation against the BIA, it is done only in the most serious

feelings of breach of trust. So I hope that, again, consultation will

be a very high priority. I appreciated meeting with you in my office

yesterday. Your discussion of priorities involving education, economic development and law enforcement are priorities that I believe need to be pursued aggressively.

So again, congratulations, and I look forward to working very

closely with you as we deal with these issues in a consultative, government-to-government manner with our tribes.

I will submit my statement for the record.

[Prepared statement of Senator Johnson appears in appendix.]

The CHAIRMAN. Thank you very much.

I understand we are joined this morning by Kathy Hughes, who

is the vice chairwoman of the Oneida Nation of Wisconsin, who

would like to make a comment concerning the nominee. Welcome,

Ms. Hughes. Your entire statement will be made part of the record.

STATEMENT OF KATHY HUGHES, VICE CHAIRWOMAN, ONEIDA

NATION OF WISCONSIN

Ms. Hughes. Thank you, and good morning Chairman McCain

and members of the committee. I bring you greetings on behalf of

Chairman Gerald Danforth, who is extremely disappointed that he

cannot be here today to support one of our own, but he had prior

obligations as he is also chairman for the Great Lakes Intertribal

Council, which convenes today.

I am here to represent nearly 16,000 Oneida members who share

my pride as I come forward to express our support and confidence

in the nomination of Carl Artman, an enrolled Oneida tribal member. The Oneida continue to be proud of our contributions to the

democracy of this Nation. President Lyndon Johnson appointed an

Oneida, Robert L. Bennett, to be named the Commissioner of Indian Affairs. Likewise, President George W. Bush named Aurene

Martin, a descendant of the Oneida, as the acting secretary. Today,

it is another Oneida considered for the BIA’s top job, Assistant Secretary of Indian Affairs.

Mr. Artman is a bright and extremely hard-working individual

who has a broad and distinguished academic background. Having

earned J.D. and an LLM from Washington University, Carl is an

accomplished lawyer. Later, Carl returned to school to complete an

MBA at the University of Wisconsin in Madison. As such, he is familiar with many legal and economic forces that will impact this

office.
4

Additionally, he has true Washington experience, having worked

on Capitol Hill for Congressman Oxley and later in representing

the Oneida Tribe and our interests in the halls of Congress. Carl

has great skills and broad diversity of experience upon which to

call in the exercise of duties as the Assistant Secretary.

Also, the Oneida Tribe applauds President Bush for nominating

an individual that truly has experience in working directly for and

with tribes. It is important for tribes across the Nation to have a

native in this position that understands and appreciates the complexities of being a sovereign within a sovereign. As the Oneida

Tribe’s Chief Counsel, Carl was a critical member of our team

which successfully negotiated several tribal-municipal agreements

with those non-Indian communities surrounding Oneida. I believe

this experience will prove to be of great benefit to all of Indian

country.

In summary, he comes before you with an array of attributes

necessary to engage this Administration, understand the relationships with Congress, and appreciate the unique and common issues

affecting the Indian nations. We believe Mr. Artman’s experience

thoroughly qualifies him for this position.

Mr. Chairman, you will recall that in 1976 and again in 1989,

this committee heard testimony regarding the role of our Nation in

the founding of the United States, the incorporation of many of our

governmental concepts into the American Constitution, and our

commitment to the colonies in the Revolutionary War, commitments that helped found and serve America.

Our people’s long and proud tradition is a part of this country’s

tradition of governments of and by the people. A tradition of leaders as true public servants guides us and certainly guides Carl. It

is therefore right and proper that an Oneida now comes forward to

hold this high post. We believe that Carl Artman will do this with

honor and distinction.

Thank you.

The CHAIRMAN. Thank you very much, Vice Chairwoman

Hughes.

Mr. Artman, I understand you have members of your family here

today. Would you like to recognize them?

Mr. ARTMAN. Thank you, Senator, yes, I would.

This is my mother, Carol Artman; my wife, Wendy; one of my

two boys, Bennett; and next to Bennett is Bobby Webster, also a

member of the Oneida Tribe who came out here.

The CHAIRMAN. Thank you. You are welcome, and we are glad

you are here to take part in this great occasion as Mr. Artman

agrees to serve our Nation. We thank you, Mr. Artman. Please proceed with your opening statement.

STATEMENT OF CARL J. ARTMAN, NOMINEE TO BE ASSISTANT

SECRETARY-INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

Mr. ARTMAN. Thank you.

Mr. Chairman, Senator, my name is Carl Artman. It is a privilege and an honor to appear before you this morning seeking your

confirmation of my nomination by President Bush to the post of Assistant Secretary for Indian Affairs.
5

I am a member of the Oneida Tribe of Indians of Wisconsin, one

of six Indian nations of the Haudenosaunee or Iroquois Confederacy. I have served my tribe in positions ranging from tribal representative in Washington, DC to chief operating officer of a telecommunications partnership, to most recently chief counsel to the

tribe. I currently serve as the Associate Solicitor for Indian Affairs

for the Department of the Interior.

I am honored to have been nominated by President Bush and

look forward to the challenges that lie ahead. Indian country provides an overwhelming number of challenges, youth suicide, drug

abuse, high unemployment rates, lack of adequate health care,

challenged education facilities and curricula, crumbling infrastructure from roads to irrigation ditches, and crime outpacing law enforcement.

To these societal plagues, Indian country has its unique, though

historically consistent problems, like the erosion of sovereignty, expanding governance and self-determination, fighting to maintain

its identity and control over its destiny and lands.

If you asked me why I want this job, my answer will be because

of all the challenges that exist, the challenges Indian and Alaska

Natives face today seem insurmountable. Yet, I see the determination and potential of Indians and Alaska Natives. Reservation populations are growing. Leaders are digging in to stem the spread of

methamphetamines and the lawlessness that follows in its wake.

Educators, parents and police are learning to identify youths at

risk of committing suicide and interceding.

Teachers at tribal schools provide more with less, and inch by

inch tribes are reclaiming their land and the inherent rights of

such ownership. As Indians and Alaska Natives reclaim their

rights lost through history or to societal plagues, the Department

of the Interior must be their partner in these battles. I hope to expedite and streamline access to departmental goals to assist tribal

and Alaska Native communities to develop their natural, political

and socioeconomic infrastructure.

The trust litigation of the last decade has tested the commitment

of many, especially the overarching individual Indian money account litigation. Many in the department are afraid their actions,

no matter how well-meaning or beneficial to the tribes, may run

afoul of the attorneys or the sitting judge, and that they may be

held in contempt. This fear bogs down the department. It impedes

Indian-centric goals of the department and hurts tribes and individuals across the Nation. Resolution to this matter is critical,

whether it comes from Congress, the Administration or the courts.

From whatever quarter it hails, if confirmed, I stand ready to assist in its development and implementation. The sooner this litigation ends, the sooner we improve our relationship with tribes and

the sooner we increase for Indians and Alaska Natives the impact

of the benefits of that relationship.

The Department of the Interior can and will be a positive force

in Indian country. It is impossible to eliminate immediately that

which has festered for years. However, I will lay the foundation for

an era that will provide a fresh start and new commitments

through action to programmatic goals and mandated duties. This

will allow tribal governments, Indians and Alaska Natives to build
6

bulwarks against societal plagues. They can reclaim their unique

cultures, rich in tradition, spirituality and group-centric values, not

one of despair or hopelessness.

If confirmed, I will foster an interaction of partnership and mutual goals, not just fiduciary requirements. If confirmed, I will use

the Office of the Assistant Secretary for Indian Affairs to promote

communications between tribes that have realized financial success

through gaming or other business ventures, and those that strive

for a fraction of that success, to move beyond the provision of subsistence benefits to their membership.

The success of one tribe, either in business, government administration or cultural preservation, is the best incubator for success of

other tribes. Trailblazing tribes allow those that follow to go even

further.

If confirmed, I will use the office to promote more vibrant and

goal-oriented communications between tribes and their neighbors,

be it a local or State government or a business that seeks to partner with a tribe for their mutual benefit. If confirmed, I hope to

foster the growth of tribal governments. Tribal sovereignty is inherent and this sovereignty is best exhibited in a vibrant tribal government, one that understands judicious exercise of its jurisdiction

for the benefit of its members and the seventh generation.

Tribal governments embody the power of sovereignty. Tribal government cares for the present and plans for the future. It is what

the outside examines to judge the health of the tribe. It is the face

of the tribe and the hope of the tribe.

Tribal governments can accomplish great things. The peoples and

tribes of the Haudenosaunee, the Iroquois Confederacy, comprise

the oldest continuous participatory democracy on earth. Authors of

our United States representative government, Ben Franklin and

Thomas Jefferson, were inspired by the Iroquois Confederacy, its

inner workings, and the constitution of the Iroquois known as the

Great Binding Law, or in our language, Gayanashagowa.

Our founding fathers’ inspirations rooted in the Haudenosaunee

guide all of our lives today and continue to motivate people across

the globe to achieve a greater freedom for themselves and their

countrymen. That is the potential of tribal governments.

But before they inspire neighbors or nations, tribal governments

must be able to fight the cancer within, the obstacles of drug

abuse, youth suicide, joblessness, hopelessness. Indians and Alaska

Natives must reach into their past to find their way and provide

impetus for change.

If confirmed, I hope to bring forth the potential of the breadth

and depth of the Department of the Interior and specifically the Office of the Assistant Secretary of Indian Affairs so that Indians and

Alaska Natives can use these resources, their resources, to conquer

problems bearing down on their governments and people to gain

that foothold that will propel them upward and preserve a culture

and build a legacy, and to provide a future for their seventh generation that is as great as their past.

Mr. Chairman, Senators, thank you.

[Prepared statement of Mr. Artman appears in appendix.]

Senator DORGAN [presiding]. Mr. Artman, thank you very much.
7

Chairman McCain had to leave for the Committee on Armed

Services where they are considering the issue of tribunals for the

prosecution of terrorists. As all of you know from having been reading the papers in recent days, Chairman McCain is one of the central discussants in this issue, and had to be down at Armed Services right now. He apologizes, but we will proceed to consider the

issues on the agenda in the absence of Senator McCain. He has

asked me to proceed.

Let me ask whether Senator Thomas has any questions of Mr.

Artman?

Senator THOMAS. Thank you.

Thank you for your testimony. Certainly, your experience will be

useful.

It is my understanding that in your tribe, you have been involved

in some off-reservation casino activity. Tell me what your position

is on that. Will you recuse yourself on this? What is the situation?

Mr. ARTMAN. Thank you, Senator, for the question.

To answer the last part of the question, first, yes, when I was

chief counsel for the Oneida Tribe of Indians of Wisconsin, I was

involved in a New York land claims matter that did involve the potential of an off-reservation gaming site as part of the settlement.

With regards to the recusal, in my packet I have included a letter

from our ethics office at the Department of the Interior which outlines my recusal, which will be very narrow and it will focus on the

issues that have involved the Oneida Tribe of Indians of Wisconsin

in the past. The letter goes into further detail on that.

With regards to off-reservation gaming itself, I know that has

been a very hot-button issue of recent years, and certainly looking

at even yesterday on the House side, with the consideration of the

legislation. At this point, the Indian Gaming Regulatory Act has

considered the potential of off-reservation gaming, and it has outlined in broad form how that may occur. The rules as implemented

by the Department of the Interior of what we will call section 20

expand on that further. Soon, the Department of the Interior will

be issuing the section 20 regulations to bring those into the Federal

Register process, to make those processes public and consistent.

Since that has been considered by the Congress in IGRA and it

requires a two-part determination, one that looks at the impact to

the local governments, to other communities, to the tribal communities that may be nearby, and a concurrence by the Governor.

That is something we take very seriously. In that initial analysis

done by the Secretary of the Interior, we look at all sorts of factors,

and that analysis takes a long time. Out of the dozens that have

been submitted, I believe only three have passed so far, and none

in recent years.

If Congress should decide to change, amend IGRA to address the

off-reservation gaming issue, if confirmed I stand ready to implement the law as written.

Senator THOMAS. Thank you.

Senator DORGAN. Mr. Artman, again we thank you for taking on

this mission. It is in the interests of this committee and the entire

Congress, and I think our country, that you succeed. We have, as

I said, very difficult problems to grapple with, very high unemployment, a crisis in health care, housing and education on many res-
8

ervations in this country. We want you to succeed and we appreciate your willingness to accept this role in public service.

Unless there is objection, we will by unanimous consent this

morning approve the nomination and report the nomination to the

floor of the Senate. Without objection, the nomination will be approved.

This hearing is adjourned.

[Whereupon, at 10 a.m., the committee was adjourned, to reconvene at the call of the Chair.]
(9)

APPENDIX

ADDITIONAL MATERIAL SUBMITTED FOR THE RECORD

PREPARED STATEMENT OF CARL J. ARTMAN, NOMINEE, ASSISTANT SECRETARY FOR

INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

Mr. Chairman, Senators, my name is Carl Artman. It is a privilege and an honor

to appear before you this morning seeking your confirmation of my nomination by

President Bush to the post of assistant secretary for Indian Affairs.

I am a member of the Oneida Tribe of Indians of Wisconsin, one of six Indian

nations of the Haudenosaunee, or Iroquois Confederacy. I have served my tribe in

positions ranging from the tribal representative in Washington, DC to chief operating officer in a telecommunications partnership to, most recently, chief counsel of

the tribe. I currently serve as the associate solicitor for Indian Affairs in the office

of the solicitor within the Department of the Interior.

I am honored to have been nominated by President Bush and look forward to the

challenges that lie ahead. Indian country provides an overwhelming number of challenges: Youth suicide, methamphetamine abuse, high unemployment rates on many

reservations, lack of adequate health care, challenged education facilities and curriculums, crumbling infrastructures from roads to irrigation ditches, and crime outpacing law enforcement personnel and funds. Additionally, Indian country has its

unique, though historically consistent, problems like the erosion of sovereignty, expanding self-governance and self-determination, ensuring adequate housing, and

fighting to maintain its identity and control over its destiny and lands.

If you ask me why I want this job? My answer will be: Because of all the challenges that exist. The challenges Indians and Alaska Natives face today seem insurmountable. Yet, I see the determination and the potential of Indians and Alaska Natives. Reservation populations are growing. Leaders are digging in to stem the

spread of methamphetamines and the lawlessness that follows in its wake. Educators, parents, and police are learning to identify youth at-risk of committing suicide and interceding. Teachers at tribal schools provide more with less. Inch by inch

tribes are reclaiming their land and the inherent rights of such ownership.

As Indians and Alaska Natives reclaim their rights lost through history or to societal plagues, the Department of the Interior must be their partner in these battles.

I hope to expedite and streamline access to Departmental programs to assist tribal

and Alaska Native communities to develop their natural, political, and socio-economic infrastructure.

The trust litigation of the last decade has tested the commitment of many, especially the overarching Individual Indian Money Account litigation. Many in the Department are afraid their actions, no matter how well meaning or beneficial to the

tribes, will run afoul of the plaintiffs attorneys and the sifting judge, and that they

may be held in contempt. This fear bogs down the Department, impedes the Indiancentric goals of the Department, and hurts tribes and individual Indians across the

nation. Resolution to this matter is critical, whether it comes from Congress, the Administration, or the courts. From whatever quarter it hales, if confirmed, I will assist in its development and implementation. The sooner this litigation ends, the
10

sooner we improve our relationship with tribes, and the sooner we increase for Indians and Alaska Natives the impact of the benefits of that relationship.

The Department of the Interior can and will be a positive force in Indian country.

It is impossible to eliminate immediately that which has festered for years. However, I will lay the foundation for an era that will provide a fresh start and new

commitments, through action, to programmatic goals and mandated duties. This will

allow tribal governments, Indians, and Alaska Natives to build bulwarks against

the societal plagues. They can further reclaim their unique cultures rich in tradition, spirituality, and group-centric values, not one of despair and hopelessness.

If confirmed, I will foster an interaction born of a partnership and mutual goals,

not just fiduciary requirements.

If confirmed, I will use the Office of the Assistant Secretary for Indian Affairs to

promote communications between tribes that have realized financial success, either

through gaming or other business ventures, and those that strive for a fraction of

that success to move beyond provision of subsistence benefits for their membership.

The success of one tribe, either in business, government administration, or cultural

preservation, is the best incubator for success of other tribes. Trailblazing tribes

allow those that follow to go even further.

If confirmed, I will use the Office to promote more vibrant and goal-oriented communications between tribes and their neighbors, be it a local or State Government

or a business that seeks to partner with the tribe for their mutual benefit.

If confirmed I hope to foster the growth of tribal-governments. Tribal sovereignty

is inherent, and this sovereignty is best exhibited in a vibrant tribal government

one that understands judicious exercise of its jurisdiction for the benefit of its members and the seventh generation. Tribal governments embody the power of sovereignty. The tribal government cares for the present and plans for the future. It

is what the outside examines to judge the health of the tribe. It is the face of the

tribe and hope of the tribe’s future.

Tribal governments can accomplish great things. The peoples and tribes of the

Haudenosaunee, the Iroquois Confederacy, comprise the oldest continuous

participatory democracy on Earth. Authors of our, the United States, representative

government, Ben Franklin and Thomas Jefferson were inspired by the Iroquois Confederacy, its inner-workings, and the Constitution of the Iroquois Nations known as

the Great Binding Law, GAYANALAGOWA. Our Founding Fathers’ inspirations,

rooted in the Haudenosaunee, guide all of our lives today and continue to motivate

people across the globe to achieve a greater freedom for themselves and their fellow

countrymen.

This is the potential of tribal governments.

But before they inspire neighbors or nations, tribal governments must be able to

fight the cancer within—the obstacles of drug abuse, youth suicide, joblessness, and

hopelessness. Indians and Alaska Natives must reach into their great pasts to find

their way and provide the impetus for change. And if confirmed, I hope to bring

forth the potential of the breadth and depth of the Department of the Interior, and

specifically the Office of the Assistant Secretary for Indian Affairs, so that Indians

and Alaska Natives can use these resources—their resources to conquer the problems bearing down on their governments and people, to gain that foothold that will

propel them upward, to preserve a culture and build a legacy, and to provide a future for their seventh generation that is as great as their past.

Mr. Chairman, Senators, thank you.
11
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13
14

PREPARED STATEMENT OF HON. KENT CONRAD, U.S. SENATOR FROM NORTH DAKOTA

Mr. Chairman, thank you for holding this hearing today to discuss the nomination

of Carl J. Artman to head the Bureau of Indian Affairs at the Department of the

Interior.

The position of Assistant Secretary for Indian Affairs has been vacant for more

than 11⁄2 years I am pleased that the committee will be acting today on his nomination so that we can quickly fill this very important position.

I have not had an opportunity to meet directly with Mr. Artman, but I do want

to take 1 moment to highlight some of the issues of concern to me and the tribes

in my State. I continue to be concerned about the lack of oversight by the BIA over

the Joint Tribal Advisory Committee [JTAC] funds provided to the Standing Rock

Sioux Tribe and the Three Affiliated Tribes. These funds were provided as compensation for the land lost due to the construction of the dams along the Missouri

River. Unfortunately, despite guidance from Congress on how the funds were to be

spent, funds released by the BIA have not always been used for the intended purposes.

I also continue to be concerned about the BIA’s lack of support for United Tribes

Technical College [UTTC] located in Bismarck, ND. United Tribes is a unique institution; it is the only intertribally-controlled postsecondary vocational institution in

the country. UTTC provides valuable educational opportunities to students from

more than 40 tribes across the Nation. While the BIA believes the college’s funding

through the Department of Education is adequate to meet its needs, UTTC cannot

keep its doors open without the funding it has received from the BIA.

Housing, health care, education, and economic development are also great needs

across Indian country that have not been adequately addressed by this Administration.

These are just a few of the many challenges facing tribes and Native Americans

in my State. I hope that soon after he is confirmed Mr. Artman will visit North Dakota and sit down with tribal leaders and hear from them directly. I think such a

meeting would be very valuable as he tackles this great new challenge.

The great plains tribes have worked very hard to strengthen government-to-government relations between Indian nations and the Federal Government. As the

head of the BIA, Mr. Artman will help guide these relations and set the tone for

the Administration with respect to Federal Indian policy.

Programs and services targeting Native Americans result not from Federal largess; they are part of a commitment to tribes by our country. We need to live up

to those obligations by ensuring adequate resources for health care, housing, education, and economic development. And part of that obligation is a strong working

partnership between the Federal Government and tribal nations.

Mr. Chairman, the tasks facing Mr. Artman are serious and challenging. I think

this is one of the hardest jobs anywhere. I wish him well and hope that he will be

a good advocate within the Federal Government for the tribes of this Nation.

Thank you, Mr. Chairman.
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83Æ