U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001

26–930 PDF 2006

S. HRG. 109–499

THE PROBLEM OF METHAMPHETAMINE IN INDIAN

COUNTRY

HEARING

BEFORE THE

COMMITTEE ON INDIAN AFFAIRS

UNITED STATES SENATE

ONE HUNDRED NINTH CONGRESS

SECOND SESSION

ON

THE PROBLEM OF METHAMPHETAMINE IN INDIAN COUNTRY

APRIL 5, 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

JEANNE BUMPUS, Majority Staff Director

SARA G. GARLAND, Minority Staff Director

(II)
(III)

C O N T E N T S

Page

Statements:

Azure, Karrie, United Tribes Muti-Tribal Indian Drug and Alcohol Initiative, United Tribes Technical College ......................................................... 24

Burns, Hon. Conrad, U.S. Senator from Montana ......................................... 2

Chaney, Christopher B., deputy bureau director, BIA, Office of Law Enforcement Services, Department of the Interior ......................................... 5

Dekker, Anthony, associate director, Clinical Services, Phoenix Indian

Medical Center .............................................................................................. 6

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

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

Edwards, Gary, chief executive officer, National Native Law Enforcement

Association ..................................................................................................... 22

Gidner, Jerry, deputy bureau director, BIA, Tribal Services, Department

of the Interior ................................................................................................ 5

Keel, Jefferson, first vice president, National Congress of American Indians and Lieutenant Governor of the Chickasaw Nation ........................... 19

Mead, Matthew H., U.S. Attorney, District of Wyoming .............................. 9

McSwain, Robert, deputy director, IHS, Department of Health and

Human Services ............................................................................................ 6

Murkowski, Hon. Lisa, U.S. Senator from Alaska ......................................... 29

Perez, Jon, director, IHS, Division of Behaviorial Health, Department

of Health and Human Services .................................................................... 6

Ragsdale, Pat, director, BIA, Department Of the Interior ............................ 5

Wesley-Kitcheyen, Kathleen, chairwoman, San Carlos Apache Tribe ......... 16

APPENDIX

Prepared statements:

Akaka, Hon. Daniel K., U.S. Senator from Hawaii ....................................... 35

Azure, Karrie .................................................................................................... 38

Child Welfare League of America ................................................................... 45

Cross, Terry L., executive director, National Indian Child Welfare Association ............................................................................................................ 53

Edwards, Gary .................................................................................................. 63

Keel, Jefferson (with attachment) ................................................................... 66

Kitcheyen, Kathleen ......................................................................................... 95

MacDonald-LoneTree, Hope, chairperson, Public Safety Committee, Navajo Nation Council ........................................................................................ 104

McSwain, Robert (with attachment) ............................................................... 108

Mead, Matthew H. (with attachment) ............................................................ 118

Montana-Wyoming Tribal Leaders Council .................................................... 140

National Indian Head Start Directors Association (with attachment) ........ 161

Posey, Ivan D., chairman, Eastern Shoshone Business Council .................. 35

Ragsdale, Pat .................................................................................................... 166

Washoe Tribe of Nevada and California ......................................................... 171

Additional material submitted for the record:

Shaffer, Sue, chairman, Cow Creek Band of Umpqua Tribe of Indians,

(letter with attachments) ............................................................................. 178

Wilson, Ryan, president, National Indian Education Association (letter) ... 200

(1)

THE PROBLEM OF METHAMPHETAMINE IN

INDIAN COUNTRY

WEDNESDAY, APRIL 5, 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. Byron Dorgan (vice chairman

of the Committee) presiding.

Present: Senators Dorgan, Burns, Conrad, Murkowski, and

Thomas.

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

NORTH DAKOTA, VICE CHAIRMAN, COMMITTEE ON INDIAN

AFFAIRS

Senator DORGAN. I am going to begin the hearing this morning.

I am Senator Dorgan. Chairman McCain is at the Capitol Building

at a hastily called meeting by the leadership on the immigration

bill that is now before the Senate. So he is going to be substantially

delayed this morning. He has asked me as vice chairman to chair

the hearing.

I want to make an opening statement. I want to invite, however,

those who are standing at the witness table to take a seat. I will

introduce all of them. Let me make a statement. We are joined

today by my colleague, Senator Conrad Burns from Montana,

whom is going to sit in with us and who I am going to recognize

for an opening statement as well.

While Senator Burns is not a member of this committee, he is

active on Indian issues and is very interested in the methamphetamine issue, as are many of our colleagues. Montana, North Dakota, Arizona, and South Dakota. So many States with Indian populations are discovering that the scourge of methamphetamine,

which affects our entire country, also has a very significant impact

on Indian reservations and a claim on the resources of the Indian

Health Service.

I want to welcome the witnesses today. Senator McCain and I decided to hold this hearing on methamphetamines, Senator McCain

after hearing some of the stories in the State of Arizona about

some of the challenges the tribes there were facing. I have had a

number of meetings in North Dakota, perhaps as many as 1 dozen

community meetings, including discussions with the reservations.

We decided to hold this hearing to not only call some attention to

this issue, but also to try to advance opportunities to address it.
2

Let me also indicate that later today, Senator McCain and I plan

to introduce legislation which would amend the recently enacted

Patriot Act to specifically include tribal governments in the methamphetamine reduction grants. As you know, in the USA Patriot

Act, there was added a methamphetamine initiative which I very

strongly supported, as did Senator McCain, but the omission there

was that the tribal governments need to be eligible to compete for

these grants.

The legislation we will introduce this afternoon adds tribes to the

two grant provisions for meth hot spot areas and for drug-endangered children, and will clarify tribal eligibility for competitive

grants to address methamphetamine use by pregnant and parenting women offenders. We understand that the Judiciary Committee

in the Senate has no objection to these tribal amendments, so I am

hopeful that they will be enacted in short order.

I do want to just indicate that while substance abuse has been

a chronic problem in many parts of our country, especially on Indian reservations, that substance abuse relates to alcohol and other

drugs. But the new scourge of methamphetamine is causing all

kinds of new devastating challenges for all of us. The drug methamphetamine is so highly addictive and so deadly in its impact on

people.

When we sit down with particularly young people on Indian reservations and talk through what kinds of things are happening

there, we discover that meth is playing more and more of a role.

Most of the evidence suggests that while there is some cooking of

meth in our country, in my State, for example, being able to readily

access materials by which you produce methamphetamine allows

them to find an abandoned farm home or virtually anywhere out

in a rural area and cook up a batch of methamphetamine.

While that is happening, more, and more we are seeing methamphetamine moved into this country from Mexico in very substantial quantities. Because it has such a deadly addiction rate and

is so difficult to shed once addicted, it is causing challenges far beyond those of normal substance abuse.

That is the reason that we have decided to hold these hearings

to talk about what is happening and what more we can do to respond to it.

Let me call on my colleague, Senator Conrad Burns. Senator

Burns.

STATEMENT OF HON. CONRAD BURNS, U.S. SENATOR FROM

MONTANA

Senator BURNS. Thank you, Mr. Chairman. And thank you for allowing me this privilege of coming before this committee and offering a statement. I think everything that you have said, I want to

associate with. I also want just to thank you for your foresight on

this challenge that we face in Indian Country.

The hearing is especially timely.

You know, these chairs are so low. Do we have anybody out

there? I can’t see over this darn thing here. [Laughter.]

The first thing I would do, I would saw that off.

Senator DORGAN. Senator Burns, you are welcome, but you can’t

be giving us all that personal advice.
3

Senator BURNS. Oh, okay. [Laughter.]

It is terrible not only basically in this particular problem that we

are experiencing across the country, but especially in Indian country. We acted with some resounding bipartisanship to pass the

Combat Meth Act just this last night. I don’t know how many of

the folks here had the opportunity to see Nightline last night, but

they featured the Montana Meth Project. I have spoken about that

project with a number of you, and many of you have seen the compelling ads that they are running in Montana to discourage the

first time use of meth.

The danger of meth lies in the ability to grab hold of our young

people after just one hit. It is called the new crystal meth. It is

deadly. Though I believe that the drug is similar to others we have

seen, and they try to categorize it that way, but I disagree. I have

talked with former meth users, their parents, the treatment experts who have all explained that the change in the brain chemistry and behavior is profound.

This problem is compounded in Indian country due to a number

of factors. First, the poverty that we find on our reservations is

much higher than on non-reservation land. One need only look at

the Billings, MT area to see this problem. The medium household

income for families on reservations near Billings, MT is around

$14,000 a year. These below average wages affect a family’s ability

to provide nutrition, health care and housing for their children.

Given these hardships, the number of people seeking treatment for

drug and alcohol abuse exceeds the capacity of treatment facilities.

In addition, treatment for meth addiction often takes place offreservation, meaning that in order to receive help, Montana’s Indian youth are taken out of the communities that they know, and

are placed in facilities dominated by nontribal members.

However, this situation represents the best that we can offer

under the current circumstances. Montana does not have the capability to treat meth addicts in the facilities on reservations simply

because there are no treatment centers located there.

In addition, the vast majority of recovery done without recognition of the particular stresses of living on reservations also offers

another challenge. While the actual recovery and detoxification of

meth takes years, the need for intensive, effective treatment cannot

be overstated. The most effective means to stem the tide of meth

addiction is to focus our efforts on prevention.

In order to have the most positive impact on curtailing meth use,

prevention efforts should be driven by the needs of local communities. They know where the access is and they also know where

the stress is.

That is why I have introduced legislation permitting communities to apply for meth prevention dollars with a reduced match

from Indian country and other high meth areas. However, we cannot just look at one leg of that three-legged stool. Prevention must

be coupled with meaningful treatment and effective law enforcement.

As far as the law enforcement is concerned, we have seen greater

attention paid to meth, but the resources available to Indian country have been limited and the nationwide approach has been less

than cohesive. This fractured approach and the lack of resources
4

has a direct effect on the rapid spread of meth throughout Indian

reservations. With one reservation bordering on Canada and three

other near it in Montana, the cross-border transportation of meth

has become a real problem.

Even meth produced in superlabs in Mexico, as your chairman

has stated, is now coming into our State. I have heard stories about

these bad actors. They actually give it away on reservations in

order to get people hooked on the drug and turn them into willing

buyers.

While the Senate’s focus on the immigration debate has been on

illegal immigration, I am pleased to see that some of us are taking

a closer look at the security risk posed by drug smugglers. I am

glad that my colleague from Colorado, Senator Allard, has offered

an amendment which I have cosponsored, which will require the

President to coordinate with the Attorney General and the Secretary of Homeland Security to implement cohesive policy to deal

with the influx of meth from the superlabs in Mexico.

While we are making progress on the meth issue, we have much

work left to do. I want to thank everyone and their patience in allowing me to be here today. I would also like a written submission

from my Montana-Wyoming Tribal Leaders Council to be included

in the record.

[Referenced document appears in appendix.]

Senator BURNS. And let me say something else. In Montana, we

were very fortunate in one way. About 3 years ago, a private party

walked up and said, ‘‘We have to do something about this.’’ He had

just bought a ranch in Montana and now he owns two. He wrote

a great big check to do a survey, to do focus groups, and then to

pay marketing people out of San Francisco to produce the ads that

we see that were shown on television last night on Nightline.

Now, yes, this man has enough money to burn a wet mule, but

his heart is in the right place. He stepped up to the plate and

wrote a great big check. He was the largest advertiser in Montana

television, radio, and newspapers last year when he rolled it out.

He has now come back and is willing to again resurvey the State

to measure the impact, to redo the ads because now there is a follow-up to it and to start this program all over again. We want to

know what the impact has been. I would tell the chairman of this

committee that I have talked to middle school principals. My people on the reservations say now kids in middle school, that is seventh, eighth and ninth grades, are talking about it in the halls,

when it used to be sort of an underground conversation. That

means we are making headway, I think. When they talk openly

about these spots, because they are tough and they are very, very

vivid.

And then you talk, I even had a lady come to me in my church

and she was complaining about them, that they were too tough.

‘‘Conrad,’’ she said, ‘‘you have to get those things off of the air.

They are just too vivid; they are too tough. In fact, we had to talk

to our kids about them.’’ [Laughter.]

Thank you very much for your information.

So there are a lot of us in this Senate, and I mean I think to

the men and women who serve here, that doesn’t understand there

is not a neighborhood, there is not an area of this country that is
5

not vulnerable to this terrible, terrible thing that has been thrust

upon us, and we must do battle with it, and we must use all the

resources we have to prevent use one time. It only takes one shot

with this crystal meth. They tell me it takes 6 or 7 years really for

the cure to be permanent.

So I thank this committee and the chairman and the leadership

for having the foresight and recognize the problem that we have,

especially on our reservations, where they have limited resources

to do this battle.

Thank you very much.

Senator DORGAN. Senator Burns, thank you very much for joining us and thank you for telling us of the Montana experiment. We

are anxious to see the results of that.

Senator Thomas, Senator McCain is at a leadership meeting on

immigration and has been delayed. Did you have an opening statement?

Senator THOMAS. No; thank you. I just want to thank you for

having this important hearing. This meth problem is difficult everywhere, and frightening sometimes particularly on the reservations. So we are pleased to have you here.

I wanted especially to be able to welcome one of our witnesses

this morning, the U.S. Attorney from Wyoming, Matt Mead. We are

delighted at the work he is doing and very pleased to have him

here.

Thank you.

Senator DORGAN. Thank you very much. I know that the testimony from Mr. Mead will be very helpful to us from the law enforcement side.

The first panel this morning is Pat Ragsdale, director of the Bureau of Indian Affairs, [BIA] Department of the Interior, Washington, DC. Mr. Ragsdale is accompanied by Christopher Chaney, deputy bureau director of the BIA, Office of Law Enforcement Services,

and also accompanied by Jerry Gidner, deputy bureau director of

BIA Tribal Services.

Also with us is Robert McSwain, deputy director, Indian Health

Service, [IHS] Department of Health and Human Services, Rockville, MD. He is accompanied by Jon Perez. Jon Perez is the director of the Indian Health Service Division of Behavioral Health; and

also accompanied by Anthony Dekker, associate director of Clinical

Services at the Phoenix Indian Medical Center.

And then Matthew Mead, who as our colleague Senator Thomas

mentioned, is U.S. Attorney, District of Wyoming in Cheyenne, WY.

So why don’t we begin with Mr. Ragsdale, director of the BIA.

STATEMENT OF WILLIAM P. RAGSDALE, DIRECTOR, BIA, DEPARTMENT OF THE INTERIOR, ACCOMPANIED BY CHRISTOPHER B. CHANEY, DEPUTY BUREAU DIRECTOR, BIA, OFFICE OF LAW ENFORCEMENT SERVICES; JERRY GIDNER,

DEPUTY BUREAU DIRECTOR, BIA, TRIBAL SERVICES

Mr. RAGSDALE. Good morning, Mr. Chairman and Senators on

the committee. Thank you for the opportunity to testify on the

problem of methamphetamine in Indian country. With your permission, I will summarize my views and request that my written statement be provided for the record.
6

Senator DORGAN. Without objection.

Mr. RAGSDALE. Thank you, Mr. Chairman.

Mr. Chairman, there is no denial that the problem of drug and

alcohol abuse, and in particular the use and trafficking of meth, is

having a devastating effect on our Indian communities, as well as

the surrounding communities. Tribal leaders, police officers, and

human service providers throughout Indian country have described

the problem of meth trafficking and use in Indian country as epidemic, out of control, in crisis, within their respective communities.

The collective resources of the Federal, tribal and States need to

be focused to combat this scourge on our communities throughout

the United States. As you hear from other witnesses today, we are

beginning to address this problem. While prosecution does occur in

tribal forums of justice, the tribal courts are inhibited by Federal

law and limits the sentence and fines to less than one year and

$5,000 for the conviction in tribal court.

We cited examples in our recent testimony before this committee

on child abuse. Absolutely essential to addressing this problem is

cooperative law enforcement between and among the tribal, Federal jurisdictions and the States. This includes both State, tribal

and Federal prosecutors from the various jurisdictions.

Criminals have no respect for jurisdictional boundaries and it is

imperative that the collective law enforcement and human service

resource providers work together. Examples of cooperative law enforcement will be discussed with the other witnesses today.

Moreover, we also need to have a collective community strategy

with the tribes, States and the Federal Government that provides

for community education, prevention, treatment and cooperative

policing of this epidemic. We look forward to working with this

Committee and our colleagues in the tribal and Federal agencies to

address the problem.

Thank you, Mr. Chairman.

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

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

Next, we will hear from Robert McSwain, the deputy director of

the IHS at the Department of HHS. Mr. McSwain, you may proceed.

STATEMENT OF ROBERT MCSWAIN, DEPUTY DIRECTOR, IHS,

DEPARTMENT OF HEALTH AND HUMAN SERVICES, ACCOMPANIED BY JON PEREZ, DIRECTOR, IHS, DIVISION OF BEHAVIORAL HEALTH; AND ANTHONY DEKKER, ASSOCIATE DIRECTOR, CLINICAL SERVICES, PHOENIX INDIAN MEDICAL

CENTER

Mr. MCSWAIN. Good morning, Chairman Dorgan and members of

the committee. I am pleased to be here today to speak on this

issue. I will summarize my written statement and ask that it be

entered into the record.

Today, I am accompanied by Dr. Jon Perez. I think you need to

know why these two gentlemen are with me. Dr. Perez actually

heads up the national Behavioral Health Program for the IHS; and

Dr. Anthony Dekker is actually a clinician who sees meth patients

on a daily basis. He is also our chief consultant for addiction medicine and just recently spoke in the area on this particular issue.
7

We are pleased to have this opportunity to testify on behalf of

Secretary Leavitt on the problem of methamphetamine use in Indian country. We are here to tell you that the problem will need

close collaboration among the IHS, its Federal partners, tribal governments and communities, and State and local governments.

As you know, Secretary Leavitt has used the Inter-departmental

Council on Native American Affairs to span across the department

for collaboration and partnerships with the department on many

Indian issues. We are here today to discuss methamphetamine use

in Indian country. I guess the situation can be described in a single

word. It is a crisis.

We emphasize that this problem is not specific to Indian country.

A number of you have mentioned that. It affects the entire Nation

and especially the Upper Midwest and West, and particularly in

rural areas. Those are the places where our Indian communities

are located.

The latest information from the department’s Substance Abuse

and Mental Health Services Administration’s national survey on

drug abuse, published in September 2005, indicates that in 2004

1.4 million persons aged 12 or older had used methamphetamine

in the past year, and 600,000 had used it in the past month. The

number of methamphetamine users who met criteria for illicit drug

dependence or abuse in the past 12 months increased from 164,000

in 2002 to 346,000 in 2004, particularly in rural areas, all of which

are again places where tribal communities exist.

The highest rates of past year methamphetamine use were found

among Native Hawaiians and other Pacific Islanders at 2.2 percent

of the population and persons reporting two or more races at 1.9

percent. American Indians and Alaska Natives were coming in

third, at 1.7 percent. When you compare this to the general population, whites are .07 percent; .05 percent for Hispanics; .02 percent

for Asians, and .01 percent for Blacks. So 1.7 percent for American

Indians and Alaska Natives is high.

As we have mentioned in a recent hearing on child abuse and neglect, the Indian Health Service and tribal programs use its RPMS

program, which is Resources Patient Management System, to track

and report on health conditions of American Indians and Alaska

Natives into the health care system. It is an important feature because we are a health care provider, so we count the people who

actually come in to our system, and that is where our numbers are

generated.

We have been tracking the larger family of amphetamine use,

which the experts here, Dr. Dekker can speak to the larger issue,

and abuse for some time, and methamphetamine is the wicked

member of this family.

Beginning in approximately 2000, marked increases were noted

in patients presenting for amphetamine-related problems and that

trend continues today. The data indicates it really is spiking. The

abuse went from approximately 3,000 contacts in 2000 to 7,004

contacts in 2005, and increase of almost 21⁄2 times over 5 years.

The ages most effected, when we start looking at the population,

spanned mid-adolescence through adults in their forties, with a sizable minority found even in their early fifties. The ages of the high-
8

est usage are found between 15 and 44, with the highest ages being

25 to 34.

Finally, this is one of those issues that does not have any regard

to sex, and that is because males and females are affected essentially the same regardless of age.

How has the IHS responded? Again, it is through partnerships.

As we have highlighted in our testimony, we have had a number

of those activities going on over the last 3 years. We have established collaborative programming with other governmental organizations and agencies, from tribal to Federal, to coordinate medical,

social, educational, and legal efforts. These include partners such

as SAMHSA, HRSA, CDC, and others such as the BIA, Department of Justice and the Department of Education.

We are supporting communities by giving them tools to mobilize

against the threat by providing them with program models and

training tools, networks and ongoing consultation. Dr. Perez can

speak to the program activities in this regard.

And of course, Dr. Dekker as a clinician can speak to what our

health care providers are doing to respond to this growing problem.

Special programs are surfacing in our areas in collaboration with

tribal leaders. One was mentioned in Montana, certainly others are

mentioned in several locations that they are using a series of models. In the matrix models of abuse treatment, one area is using a

four-step program. This is in Montana. Community readiness assessment programs are underway in many tribal communities. We

are moving into telemedicine. I know Senator Dorgan at the last

hearing, was very interested in telemedicine and how that might

be able to do outreach.

In closing, the Indian Health Program will continue to provide

treatment and prevention services, as we are a health care provider, throughout the system, just like we have responded to many

prevalent health care conditions currently, such as diabetes and

certainly in the past such as TB.

The IHS will continue to coordinate and collaborate with other

Federal, tribal, State, and private agencies to address this crisis.

Finally, we thank the committee for its involvement and continued support because a crisis of such proportions requires combined

resources and unified action.

Mr. Chairman, that concludes my oral remarks and we would be

pleased to answer any questions.

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

Senator DORGAN. Thank you very much, Mr. McSwain.

You have been accompanied by others here. My understanding is

they will be available to answer questions as well. Let me perhaps

ask a couple of questions, then call on my colleague as well.

I am sorry. Thank you very much.

Matthew Mead, the U.S. Attorney from Wyoming. Mr. Mead,

thank you for joining us. The addition of a U.S. attorney gives us

special law enforcement perspective and I understand Wyoming

has been deeply involved in these issues. So thank you very much

for joining us.
9

STATEMENT OF MATTHEW H. MEAD, U.S. ATTORNEY, DISTRICT

OF WYOMING

Mr. MEAD. Thank you, Mr. Chairman and thank you for allowing

me to be here this morning.

I am Matthew Mead, the U.S. Attorney for Wyoming. It is an

honor to appear before you to provide information about the growing methamphetamine problem in Indian country and what the Department of Justice is doing to partner with others to address it.

First, Attorney General Gonzales recently announced that the

Office of Justice Programs would develop new training for conducting successful and safe meth investigations specifically tailored to

tribal law enforcement. The AG was on the Yakima Reservation in

Washington State just last week addressing this and related issues.

OJP also makes grants available to tribal communities for drug

courts. Several tribes and tribal organizations have used and others are planning to use these drug court grants to address meth

problems. In addition, DEA and FBI have taken steps to address

the issue of drug trafficking in Indian country. While their activities are summarized in my written statement, I will just say here

that from my experience, both DEA and FBI have done excellent

work in this area.

The Native American Issues Subcommittee, of which I am a

member, hosted a tribal summit in Idaho last fall. The summit’s

focus was to create strategies to combat meth distribution and addiction in Indian country. The result of the summit was a best

practices document which has been distributed to all U.S. Attorneys’ offices.

Two recent cases in Wyoming illustrate what we are doing to

combat the meth problem on the Wind River Indian Reservation.

The first case involved the investigation into the Goodman drug

trafficking organization, a family-run criminal operation based on

the reservation. It served approximately 20 to 50 drug customers

per day and distributed at least 1 pound of meth per month on the

reservation. All together in the Goodman case, 25 people face Federal criminal drug charges and firearms violations; 22 have been

convicted, including, Mr. Chairman, a tribal court judge. A pervasive drug menace was removed from the reservation.

The second Wyoming case involved the Sagaste-Cruz drug trafficking organization. This case illustrates how a ruthless business

plan developed by a Mexican drug ring targeted Indian reservations in the West for meth distribution. The plan was hatched after

members of the drug ring read a news article in the Denver Post.

The Denver Post article described how liquor stores in a small Nebraska town were profitably selling huge amounts of alcohol to Native Americans from the nearby Pine Ridge Reservation in South

Dakota, a reservation that had a major alcoholism problem.

Members of the Sagaste-Cruz organization surmised that if they

could get people who were addicted to alcohol and give them free

samples of meth, they would replace their alcohol addiction with a

meth addiction. Members of this drug ring executed their plan by

relocating to communities close to the affected reservations, developing romantic relationships with Indian women, and introducing

these women and others to meth with free samples.
10

All of the lower level distributors became recreational users and

then severely addicted. To support their habit, customers became

dealers and distributors themselves, using free samples to recruit

other new customers. In May 2005, a jury found leader Jesus Martin Sagaste-Cruz of Mexico guilty of conspiracy to distribute in excess of 100 pounds of meth. For his role, Sagaste-Cruz was sentenced to life in prison.

Joint task forces and cooperative law enforcement were critical

to the successful dismantling of both of these organizations. On all

our drug investigations, working to gain and having the support of

tribal leaders are keys to the success of our efforts. In my written

statement, I outline in more detail others DOJ successes, including

some great work in the Eastern District of Oklahoma.

I commend this committee’s interest in the consequences of the

meth menace on Indian reservations. If I can deliver a summary

of my message, it is this: Indian country is unique. Meth is unique.

The two together, meth and Indian country, make the current situation doubly challenging.

As Congress knows, meth is unique in the world of drugs because

of the extensive collateral damage caused by even a single person

using meth. Unfortunately, such damage all too often falls on children. Indian country is unique because of, and this is not an exhaustive list, the size of the reservation, wide dispersal of residents, limited numbers of law enforcement officers, and the distinctive heritage and culture of the Native Americans which is passed

from generation to generation.

Each generation provides an opportunity for success, but also unfortunately for failure. We cannot afford to fail. This is a time when

we can and we must be proactive forming joint multi-jurisdictional

partnerships and working relationships to aggressively stop the

spread of the poison at the reservations.

I would be pleased to entertain questions and I would ask that

my written statement be entered into the record.

Thank you, Mr. Chairman.

Senator DORGAN. Without objection, your entire statement will

be part of the record.

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

Senator DORGAN. Mr. Mead, thank you very much for being with

us.

Mr. Thomas will inquire.

Senator THOMAS. Thank you.

Thank you, gentlemen. I appreciate it very much.

I guess I have a general question that perhaps all three of you

might respond to. Meth is a general problem. We have it everywhere. We are particularly focused here today of course on the impact it has on reservations and on Indian country. What would you

say is unique and different about dealing with the reservation

problem as opposed to the general meth problem? What are the obstacles that make it more difficult, or at least different?

Matt, would you comment?

Mr. MEAD. Yes, Senator Thomas; thank you for the question.

I think there are a number of factors that make it unique. First,

as I said in my statement, meth is unique in and of itself because

of the collateral damage it causes. A single user can cause damage
11

because as you know it is associated with extreme violence, child

abuse, and a number of other problems.

What makes it extra unique on Indian reservations is this: Indian reservations, at least in Wind River, for example, can often be

very close communities. It is difficult, and pressure is put on members of a family when they would be asked to cooperate against one

another. That is understandable. It is also difficult because, say, in

the inner city in America, there are opportunities to bring in an

outside drug investigator to do undercover buys. That is not as

easy on Indian reservations because many of them are small [population wise] and people know one another.

I think the other thing that is unique on Indian reservations is,

for example, as I say in my written statement, the ratio on reservations of law enforcement to citizens is much lower than it is outside

of reservations. This causes difficulty for BIA law enforcement,

tribal law enforcement to address this problem without having a

joint relationship with DEA and other law enforcement agencies.

Those, Senator, would be a few of my examples of the uniqueness, both of meth and of the reservation.

Mr. RAGSDALE. Thank you, Senator. I would agree with the U.S.

Attorney’s analysis. I would also add that the vast territories that

Indian police officers have to cover makes it more difficult. We

have about one-third or one-half, as compared to rural law enforcement in America in terms of police resources. I think that is why

I focused in my testimony on cooperative policing is because it is

absolutely essential that the various jurisdictions work together to

combat the problem.

Indian country is unique, in my opinion. I spent about 7 years

as a police officer of the Cherokee Nation in Eastern Oklahoma.

The Indian clients and beneficiaries that we work with are probably going to be more apt to be trusting and cooperative with the

Indian police officers than they are from people that they don’t

know from other communities. I think an essential element to policing in Indian country is that the police resources that we have

be tied with the Federal and State resources that are available, because we have various jurisdictions that may have prosecutive responsibility for crimes on Indian property.

Senator THOMAS. That is interesting. I would like your response.

In the regular communities, you have local police, you have State

police, you have drug enforcement and so on. Are those same functions going on on the reservation as much as they are in a regular

community?

Mr. RAGSDALE. I would say that they are going on in the Indian

communities to the same extent, but with less resources to operate.

Senator THOMAS. I see. Okay.

Sir?

Mr. MCSWAIN. Senator Thomas, it is a great question simply because when we talk about where we are located, certainly the reservations are located in rural America, so there are all the challenges that go to access and resources available. Clearly, it is getting the right people there. If you don’t mind, I would like to have

Dr. Dekker expand on that. He had a chance to actually deal with

this particular question some time ago.

Mr. DEKKER. Thank you, Senator Thomas.
12

I see in addition to what you said, which I think is very real,

three other factors. One is that there are great distances for people

on reservations to travel to receive services. The geography alone

is a significant challenge. I have patients who travel 3 and 4 hours

to see me for addiction medicine consultation.

The second thing is that there is the intimidation factor because

of inadequate or at least available interdiction services is significant. It is the huge distances that people have to travel that are

in law enforcement, and because of those great distances, they can’t

supervise large areas adequately. I have many patients who come

in, parents who come in devastated because even though they know

that their kids are at risk and they are trying to protect them, that

if they talk, they feel intimidated and they feel that harm may

come to them.

The last issue I think that is critical is that activities for young

people on reservations unfortunately as not as available as in other

situations. Many times, kids get involved in activities that they

shouldn’t be involved in because there is a perception at least that

they can’t do other things.

Senator THOMAS. Thank you very much.

Thank you, Mr. Chairman.

Mr. RAGSDALE. Mr. Chairman, if I could add just one more anecdotal piece of information.

Senator DORGAN. Yes?

Mr. RAGSDALE. I was told about 1 year ago that our police officers were actually intimidated on some reservations by the criminal element, particularly the drug trafficking element, just because

of the magnitude of the problem. As a former police officer, I found

that pretty hard to believe. So I had an opportunity to talk to several police officers working on these particular reservations, none

of whom were cowards. They freely admitted that they were intimidated; that the magnitude of drug trafficking and illegal immigration into Indian country in some areas had overcome their ability

to provide proper response.

Senator DORGAN. Senator Burns.

Senator BURNS. I thank you.

I have one question, I guess. We fight very hard for HIDTA and

Byrne funds here. They want to combine them. They want to

change them. But the establishment of task forces using State,

Federal, county and municipal law enforcement, they have set up

these task forces in Montana. We have been fairly successful in

really shutting down our labs. And really, with the HIDTA funds

in the high intensity traffic areas, we have been fairly successful

in shutting those down.

Do the law enforcement people on the reservations, and I don’t

now why I didn’t ask this before, but when you were talking about

working together on this thing, especially, Mr. Mead, in Wyoming,

we face similar situations, although we have the Canadian border

to deal with. Are the law enforcement people on the reservations,

do they work with those task forces that are created under HIDTA

or the Byrnes grants?

Mr. MEAD. Thank you for the question, Senator Burns. I am

pleased to answer this one because it is one of the ways that we

have had success in the District of Wyoming.
13

I went to tribal leaders, both of our joint business councils, and

told them what I thought the problem was. They told me what they

thought the problem was. I asked permission, and what I wanted

was permission for DEA to cross-designate BIA officers. I wanted

permission for DEA to cross-designate our State task force officers,

very similar to what you have in Montana so that we have seamless law enforcement, because as was mentioned earlier, these drug

dealers don’t recognize geographical or political boundaries whatsoever. If we are hindered by that, we are going to have one hand

tied behind our back.

So yes, in Wyoming what we did is we got permission from the

tribes. We had a BIA officer, who is very good, actually co-locate

with our State task force team in the area, along with DEA, along

with a deputy from the sheriff’s department and a police officer.

This, in my mind, is the only way to go about this, and that is for

the reason that on each reservation, you may say, well, it is just

a few drugs here. They are selling one gram/one gram. But, this

is limited information. You are thinking in a vacuum.

Whereas, if you enjoin these other people, they may say, hey, we

know the same group is selling it, and DEA, being involved, will

say, hey, this is a regional problem.

So that is what we have done. So the short answer to your question, sir, is yes, we have them working with these teams, and I

think that is a key to success.

Senator BURNS. Well, you know, when the director said when you

cross jurisdiction lines, when we first set those up, I will tell you,

we had a little turf problem. Everybody wants to protect their turf

and it is a normal thing in the bureaucracies, and that is one of

the things we fight every day. But I will tell you, our U.S. marshal

in Montana has been a real driving effect, and our U.S. attorney

there, Mr. Mercer, has been the real drive in this. Whenever the

director brings up jurisdictions, and I know they are sometimes

hard to penetrate, but we found that once there was trust between

the jurisdictions, we became very effective in this fight.

I had never thought about how we cross jurisdictions on our reservations. I have seven in Montana. I am going to get a hold of Bill

and we will work that out. But the HIDTA, I don’t think the Senate really has taken a look and seen the effect of HIDTA and the

Byrnes grants and to set up those task forces, because we have

seen them work very effectively in Montana. But once you break

down those barriers, we have quite an effect.

I just want to congratulate you on what you have done in Wyoming. I will have to follow up and see if we have done as well in

Montana.

Mr. MEAD. Thank you, Senator.

Senator BURNS. That is the only question I had. It kind of follows

on what Senator Thomas had to say about we have to give them

the tools, and we can make some headway.

Senator THOMAS. Do you support Byrnes grants?

Senator BURNS. Yes; but he spells it different.

Senator DORGAN. Thank you very much.

Yes?

Mr. RAGSDALE. I would just like to add to say I would totally

agree with the Senator and the U.S. Attorney. I would also like to
14

point out that Congress provided us with a mechanism for cooperative law enforcement in the form of the 1990 Indian Law Enforcement Reform Act that allows the tribes, the BIA, State jurisdictions, and Federal agencies to enter into cooperative law enforcement agreements, which has been used extensively in the State of

Oklahoma and other places for the type of focus that we need,

without anybody giving away their criminal jurisdiction authority

or their prosecutive prerogatives that the State, tribal and Federal

prosecutors have.

Senator DORGAN. Mr. Mead, in your enforcement actions, how

prevalent is it that they are cooking methamphetamine for distribution in Wyoming, versus importing it? What I am hearing is

much of it is coming from Mexico. But we in North Dakota had

some hundreds of examples of people creating labs and cooking

their own meth. Now, I am told that it is more likely the meth is

coming from Mexico. What is your experience in Wyoming?

Mr. MEAD. Senator, my experience would be consistent with

what you said in your opening statement. I think DEA’s numbers

are roughly 80 percent of the meth that is consumed in this country comes from what we call ‘‘super labs.’’ Some of those we see in

California. I think a majority of them, according to DEA, would be

in Mexico.

We do see what we call the small toxic labs, or ‘‘mom and pop’’

labs, but their contribution, I guess, to the amount of meth is minimal. I think DEA’s number if 20 percent. We take them seriously,

obviously, because these are the things that you hear about in a

household or a hotel room that you or I may be going into unwittingly after it was used as a lab or is still contaminated. It causes

fires and of course when children are in those environments, it is

deeply concerning regardless of the amount of meth that is produced in that home.

Senator DORGAN. Mr. McSwain, I wanted to mention that Dr.

Perez came to Bismarck, ND to the hearing that we held on Indian

teen suicides. There is I think some relationship between substance

abuse and other very delicate issues that we have had some hearings on both here in Washington and also the hearing that I held

in Bismarck, ND.

You indicated that you feel it is a crisis. Mr. Ragsdale feels that

the meth issue is a crisis. Meth is a deadly addictive drug, much

more addictive than most other drugs. It affects the brain in different ways. One of my concerns is that those who are addicted

have precious few opportunities for treatment. What kind of treatment does a Native American youth or a Native American addicted

user, what kind of treatment facilities and what kind of treatment

programs are available to them, and in what quantity?

Mr. PEREZ. You have me on the microphone already? We have

multiple levels of care and multiple means of delivering it, but it

is stressed. Let me describe it this way. Methamphetamine the way

it affects us clinically and individually is a debilitating disease that

can hit you like that. But it is a metastatic social disease. What

I mean by that is I very much liken it to a cancer. It can start in

a very small circumscribed place. If you can get it and pull it out,

you are okay. If you leave it for any length of time, you will see

the spread. That is what we are starting to see.
15

So when you are asking about treatment, there are really three

levels of treatment as far as I am concerned. One is the direct clinical intervention. What we have on-reservation, our primary reservation units are small clinical counseling, substance abuse programs. They are staffed, three to four people, depending upon the

size of the reservation. That is the first line of defense when we

are talking about the actual substance abuse.

Connected to that, we also have pretty significant physical responses. We have the withdrawals. We have the acute medical effects of the drug. There we have our clinics, clinic’s emergency

rooms. It is not unusual for us to have a first contact be in an

emergency room situation. So we have those for the immediate,

when you come through the door.

Then beyond that, and I will talk about kids, for example. We

have 11 federally funded youth regional treatment centers that approximately cover one regional area. We have 12 regional areas.

There is residential treatment there. There is also residential treatment in the State and county systems.

Senator DORGAN. What does that mean, there is ‘‘residential

treatment?’’ You started by saying this was a stressed system.

When you say ‘‘residential treatment,’’ someone is heavily addicted,

my understanding is you can’t put them in for 30 days or even 60

days, expect them to come out having shed their addiction and

being well.

Mr. PEREZ. That is correct.

Senator DORGAN. My understanding is it takes 6 months, in

many cases 1 year or 15 months to shed yourself of the deadly addiction of meth. So how many beds are available? What kind of circumstance exists for someone who is addicted in most of our regions?

Mr. PEREZ. Nationally in terms of our regional treatment centers,

add them all together, we have about 300 beds nationally.

Senator DORGAN. What is the need?

Mr. PEREZ. If I take the figures from 2005, and we are talking

about 7,004, those are actual contacts, actual patients,

unduplicated patients, we are talking about 2,900. Of those that

would require inpatient, we are talking about I would say conservatively about 500, and we extrapolate that out, so we were starting

with 500 and we have 300 beds, that is for youth, and then the others are going to be going into the State and other systems.

What we also do, too, is not simply because we are talking about

the Federal system, but we also have I believe about 47 or 48 tribal

and urban residential programs, for example NARA in Portland

and Friendship House in San Francisco, and Rainbow Center in

Arizona. So there are many of those.

Now, if I put all of those together in terms of the system of care,

is it stressed? It absolutely is. Are we triaging how we are dealing

with it? Absolutely. It is life and limb first.

Was that responsive to your question?

Senator DORGAN. Yes; my observation about substance abuse,

starting especially with alcoholism, which is a very serious problem

as well, is that there are just a minuscule number of treatment positions available for the need that exists, just minuscule. I am talking about, now, in-residence treatment. My guess is, and I would
16

like you, if you would, to send us some additional and more detailed information about the number of in-residence treatment opportunities for those who are addicted to meth. My guess is that

we have the same kind of shortfall.

I would observe again, from a law enforcement standpoint, Mr.

Ragsdale, you talked about the combined law enforcement efforts,

which are good. And Mr. Mead, you talked about what you all are

doing, and that is all very impressive. But you I am sure would

agree that if you have somebody that is addicted, hopelessly addicted, and they shed that addiction, don’t have the capability to

shed that addiction, they are in and out of the system and back out

using again.

So we have to find ways on the treatment side to complement the

enforcement side. If we fail to do that, we will have failed to have

dealt with the entire problem, in my judgment.

You all have traveled, especially from Wyoming, a lengthy distance. I guess Mr. Ragsdale, you and Mr. McSwain have not traveled as far this morning, but we appreciate always your coming to

the Committee to give us your testimony. Mr. Mead, thank you for

traveling from Wyoming to give us your perspective as a U.S. attorney on these issues. We very much appreciate that.

Mr. MEAD. Glad to be here. Thank you, sir.

Senator DORGAN. If you wish to submit further information, and

we will keep the record open in the event that we wish to submit

further questions that you might offer us for the record. We would

like to make available to you the opportunity to submit additional

views as well.

Thank you to all on this panel for being here today.

Next, we would like to call the second panel, Kathleen WesleyKitcheyan, chairwoman of San Carlos Apache Tribe, San Carlos,

AZ; Jefferson Keel, first vice president, National Congress of American Indians, and Lieutenant Governor of the Chickasaw Nation,

Washington, DC; Gary Edwards, chief executive officer, National

Native American Law Enforcement Association; and Karrie Azure,

United Tribes Multi-Tribal Indian Drug and Alcohol Initiative at

the United Tribes Technical College in Bismarck, ND.

If all of those witnesses would step forward and take your seats

at the witness table, I would appreciate it.

Kathleen Wesley-Kitcheyan, I hope I am saying that name correctly. I think I tried at another meeting some weeks ago. Thank

you very much for being with us. You are the chairwoman of the

San Carlos Apache Tribe, San Carlos, AZ. We have asked that all

of you summarize your testimony in the 5 minutes allotted. We

have your entire written testimony and will make that in all cases

a part of the permanent record.

Ms. Kitcheyan, thank you very much for being with us. Why

don’t you proceed?

STATEMENT OF KATHLEEN WESLEY-KITCHEYEN,

CHAIRWOMAN, SAN CARLOS APACHE TRIBE

Ms. WESLEY-KITCHEYAN. Thank you very much.

Vice Chairman Dorgan and other members of the hearing, please

also give my best to Senator McCain. As you said, I am Kathy Wes-
17

ley-Kitcheyan. I am the chairwoman of the San Carlos Apache

Tribe.

Today is not a good day because I come here with a very heavy

heart, a heavy heart because I have to tell you about things on my

reservation, my home that is not very positive. It is like airing our

family’s dirty laundry.

Like other reservations, the meth problem on my reservation is

quickly reaching epidemic proportions. My people are in pain and

are suffering from meth. As I stated in my testimony in your oversight hearing on the fiscal year 2007 budget, Indian country is

under attack. We must aggressively address this problem, starting

with the budget cycle.

At that hearing, the issue of meth kept coming up. I strongly

back NCAI President Joe Garcia’s call to action. I believe that this

hearing will help us take the offensive on fighting meth.

Also, I believe it would be helpful if the committee could hold

field hearings in Indian country on this issue so that members

could see for themselves the conditions that we must grapple with

every day due to meth.

At San Carlos, we are doing our best, but have not been able to

properly contain the meth problem, given how quickly it has grown

and how profound it has become. It is shattering families, endangering our children, and threatening our cultural and spiritual

lives.

We talked about alcoholism this morning. I had to sit down my

22 year old son about 1 year ago and tell him that the use of alcohol was bad because 33 member of his dad’s family and my family

have died or been in car accidents due to alcoholism. I have 55

grandchildren from numerous nieces and nephews, and every day

I worry about them.

I lost one about 2 years ago on the Tohono O’odham Reservation,

a rodeo champion. Excuse me. He won over 26 buckles, over 6 saddles. The wrong choices cost him his life. He was doing drugs,

drinking, and was engaged in human smuggling because of the

lack of employment.

Two months ago, a baby was born addicted to meth with a deformed heart and congenital heart problems. Almost 5 months ago,

a baby was born addicted to meth with legs that are numb and can

never be used.

At the end of 2005, a 9-year old meth user was brought to the

San Carlos Hospital with hallucinations and violent behavior. This

is the youngest user that we have found, but we are concerned that

kids even younger are using meth. About 30 days ago, a young

pregnant woman on meth was arrested. While in jail, she went into

premature labor and delivered a baby that died.

Last month, a 22-year old meth user tried to commit suicide by

stabbing himself with a 10-inch knife. He lived and the tribe is trying to find behavior counseling and detox services for him, but it

is extremely costly, or we are told that it is not available. Also, it

is difficult to find a facility that accommodates native cultural and

spiritual needs; 2 years ago, a mother on meth stabbed her little

boy to death because she thought the child was the devil and was

possessed. More recently, a 22-year old male hung himself while

using meth.
18

I could go on, but it is too heartbreaking. My community is small

and we all know each other. These tragic events dramatically affect

my entire community and have ripple effects that harm and scar

our most innocent citizens, our newborns and children. In fact, as

I left the reservation, there are some mixed feelings about providing this testimony. There are stark statistics from the San Carlos

Reservation due to meth. In 2004, there were 101 suicide attempts,

with 2 attempts resulting in death. Some of the suicide attempts

were directly related to the abuse of meth. And the past 10 suicide

attempts, 8 of the individuals were using meth.

In 2004, 64 babies out of 256 were born to San Carlos Apache

tribal members addicted to meth. In 2005, the number of babies

born addicted to meth was even higher. In routine urine drug

screenings at the San Carlos emergency room in 2005, 25 percent

of the patients tested positive for meth. Last year, there were about

500 reports of child neglect or abuse reported to the tribe’s child

protective services. About 80 percent of these cases involved alcohol

or drug use such as meth by the parent.

In the past 12 months, tribal health officials at our wellness center have received over 150 referrals for meth treatment. Like our

health care and social services personnel, the San Carlos police department is overwhelmed by the meth problem. Most of the meth

is trafficked in from Mexico. Meth, other drugs, gangs and guns on

the reservation have caused violence to escalate.

The police department is shortstaffed and lacks the equipment

and weaponry needed to properly investigate meth crimes or make

arrests. Every year, the tribe has a shortfall of about $1 million in

law enforcement. Due to funding constraints, there are only two to

five officers on duty at any given time to cover 1.8 million acres.

Even with limited staffing, the police department handled 20,590

offenses in 2004. We commend the administration, though, and

Congress for its efforts to finally increase funding for Indian country law enforcement. We hope that these efforts can continue. For

too long, the problem has been neglected. We also thank Chris

Chaney for his efforts.

To combat the meth problem at the tribal level, we have taken

some decisive action. Every program and agency within the tribe

is working together on this problem. The tribe’s goal is to make it

clear that meth is not tolerated and that the tribe takes swift and

severe action against meth perpetrators. The tribe recently held a

meth forum with mandatory attendance by all tribal programs. At

the forum, we created a prevention coalition to develop and implement strategies to stop meth.

The tribe has launched a media campaign to educate the community about meth and is holding community education forums on

meth. Further, the tribe has instituted a drug testing policy for all

employees, which as you probably understand, is not very popular.

The tribe has revised its legal code to criminalize meth. Also over

10 months ago, the tribe and the U.S. Attorney for Arizona, Paul

Charlton, began quarterly meetings to discuss the meth problem.

Recently, the U.S. Attorney announced a policy of zero tolerance for

meth dealers. Over the past 2 years, the U.S. Attorney’s Office has

gotten several convictions or guilty pleas from meth dealers on the
19

reservation. The tribe strongly supports these prosecutions and

convictions because they have a definite deterrent effect.

Furthermore, the tribe has partnered with the FBI, DEA, ATF,

ICE, and the BIA. These agencies are actively collaborating with

us. These relationships are yielding many positive results, including specialized training, increased investigation and arrests, and

increased resources.

Also, the Arizona State Highway Patrol is back on our reservation patrolling it at our invitation. We hope that through these

partnerships we can stop meth on the front end instead of waiting

until there is violent crime for meth.

There are many good people on the San Carlos Apache Reservation. Many of our children have dreams and hopes just like all

American children, for a better life. We also still have our language. We still do our dances and practice our traditional ways. We

have the great spirit of our ancestors alive in us, but I am afraid

that the spirit of our ancestors will die if we continue to let meth

prevail. We still have a long way to go.

Thank you very much, Senator Dorgan, for your efforts on this

problem. Thanks.

[Prepared statement of Ms. Wesley-Kitcheyan appears in appendix.]

Senator DORGAN. Tribal Chairwoman Wesley-Kitcheyan, thank

you very much for being with us.

How many enrolled members does your tribe have?

Ms. WESLEY-KITCHEYAN. We have approximately 13,000.

Senator DORGAN. Thank you.

Next, Jefferson Keel, first vice president of the National Congress of American Indians, and Lieutenant Governor of the Chickasaw Nation. Mr. Keel, thank you very much for being with us.

STATEMENT OF JEFFERSON KEEL, FIRST VICE PRESIDENT,

NATIONAL CONGRESS OF AMERICAN INDIANS, AND LIEUTENANT GOVERNOR OF THE CHICKASAW NATION

Mr. KEEL. Thank you, Mr. Chairman, and thank you for the opportunity to speak to you. I am very honored to be here on behalf

of the National Congress of American Indians to present this testimony. I will summarize my comments, as you asked. We have provided written testimony.

I would like to thank Chairman McCain for hearing and responding to our calls for comprehensive discussion and to the other Senators who have made opening statements. I greatly appreciate that.

As has been stated earlier, Indian reservations have become a

target for methamphetamine drug traffickers. Our children and

young adults are at high risk and many of our communities are

being severely depleted in tackling this epidemic.

My written testimony covers the breadth of the problem in Indian country, but what I hope to share this morning is what Indian

country is doing and where we need additional help. We recognize

the crisis and we also have a vision for addressing the crisis:

Strong tribal law enforcement against the drug traffickers, and an

even greater focus on prevention and treatment that strengthens

tribal cultural values in our children and our young people. Our
20

tribes have found that integrating traditional values is essential to

our efforts to fight drugs.

Some examples. The traditional children’s game of Cherokee

marbles has been passed down for generations, but at least in the

past 2 years it has taken on a new meaning. At public elementary

and middle schools across 14 counties in Oklahoma, a demonstration program called ‘‘Use Your Marbles: Don’t Use Methamphetamine’’ sets up the game as a strategy to prevent the use of drugs.

It is an innovative method to introduce our children who are being

affected in greater numbers to how to combat the use of

methamphetamines, the use of drugs.

Treatment and wellness programs like White Bison and the One

Sky Center in Oregon integrate traditional ideals into all aspects

of their treatment and counseling programs. Even our law enforcement has turned to tradition. Tribes such as the Lummi Nation are

using banishment to completely remove drug dealers from the community. Other tribes like the Yavapai Apache Tribe of Arizona are

establishing alternative drug and family courts to address issues of

addiction.

We are increasing self-sufficiency. Our tribes and tribal organizations are educating themselves about methamphetamines. The National American Indian Housing Council has developed a national

curriculum for the identification and cleanup of methamphetamine

labs. They have completed 50 trainings in Indian country in just

the past year, and the training has led directly to law enforcement

against a number of operations. The training also allows tribes to

save costs by conducting their own cleanups. We are working together cooperatively.

As mentioned earlier this morning, one of the most successful

strategies has been for Indian country law enforcement to work

through task forces and cooperative agreements. This was certainly

true for my own community, where the Chickasaw Nation’s police

force, the Lighthorse Police, worked together with a multi-agency

Federal, State and tribal drug task force. We participated in one

of the largest methamphetamine busts in Oklahoma and Texas region against the Satan’s Disciples, a violent street gang from Chicago.

There are hundreds of cooperative law enforcement agreements

in Indian country, but there are also places where the cooperation

is not as good. From our perspective, the key to cooperation is that

all agencies respect the tribal community. For that, we need to

build tribal capacity. With tribal law enforcement that is better

trained, equipped and adequately staffed, we will have more respect and cooperation with outside law enforcement agencies.

I come to you today with a list of ideas that can help our communities address this position. First, we hope to see continued White

House involvement in a coordinating role for the Federal agencies,

with NCAI and tribal leaders serving on the tribal side of the partnership. In the upcoming reauthorization of the Office of National

Drug Control Policy, Congress can create a permanent Deputy Director for Indian country.

Second, we also call on all Federal agencies who are involved in

fighting drugs, such as the Drug Enforcement Administration, to
21

create a permanent link for American Indian and Alaska Native

tribal governments.

Third, Indian country needs increased resources in the agencies

with responsibility to support the tribes. We need to renew and expand the COPS program, the Community Oriented Policing Service. A total of 759 law enforcement positions in Indian country have

expired or will expire between 2004 and 2006. The COPS program

has been a huge benefit for Indian country policing and we need

permanent funding to sustain these positions. NCAI urges either

the extension of the COPS grants or a permanent new program to

replace COPS.

We also urge a 10-percent increase in law enforcement funding

in the Departments of the Interior and Justice, and that really isn’t

enough. That is just a drop in the bucket, but it is a start. We must

prevent the IHS funding from falling further behind. Most drug

treatment and prevention programs in Indian country are funded

through the IHS. As you heard this morning, I am not sure where

Dr. Perez got his numbers. He said the need was about 500 beds

for residential treatment. I think those are just the ones that are

reported that actually go through the formal system. I believe that

the number is far, far higher.

At a time when we need to be expanding these services, the IHS

funding has not kept pace with inflation or population growth. It

is vital that the IHS receive at least increases to maintain current

services, and that is approximately $440 million over the fiscal

year 2006 level.

Tribes should also be included in all health related methamphetamine grants outside of HHS. I was pleased to hear this morning

that the Senate has adopted legislation to address this issue. We

greatly appreciate that.

We need increased funding for tribal courts. Tribal courts are

dealing with many first time drug offenders and are trying to put

them back on track. The caseloads are overwhelming and they need

the funds to function properly so that the courthouse door is not

a revolving door, but a one way door back to a healthy life.

We need to maintain the National American Indian Housing

Council’s methamphetamine training funds, and increase funds to

the Department of Justice’s Indian Alcohol and Substance Abuse

Prevention Program and SAMHSA grants.

In addition to the requested additional funding for both behavioral and physical health services at the IHS, our health systems

need to be modernized to better address prevention and treatment.

We call on Congress to pass the Indian Health Care Improvement

Act this year, this session.

There are also several relatively simple structural changes that

can address the perceptions of Indian country that have encouraged external drug traffickers to target our communities. We need

to clarify the status of tribal police officers participating in Federal

tribal drug task forces to ensure that they are treated as Federal

officers.

Second, currently the U.S. Sentencing Commission guidelines do

not give the same respect to prior tribal court convictions that it

gives to prior State convictions in calculating a defendant’s criminal history.
22

Finally, tribal sentencing authority is limited to 1 year under the

Indian Civil Rights Act. This timeframe may limit the ability of

tribal courts to mandate treatment programs that last longer than

1 year.

In conclusion, I would like to thank you, Mr. Chairman, and the

other Senators and this committee for holding this hearing today.

We look forward to working on this issue with all of our tribal communities and the committee. I will be happy to answer any questions.

Thank you again.

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

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

We have been joined by our colleague from Alaska. Would you

wish to make any statement at this point, or should we hear the

remaining two witnesses?

Senator MURKOWSKI. Mr. Chairman, I would prefer that we keep

on track. I apologize for being late, but this is something that I am

extremely interested in. I would like to hear the testimony of the

witnesses, and then if I could have an opportunity to comment.

Thank you.

Senator DORGAN. All right. I thank Senator Murkowski.

We will hear the final two witnesses. Gary Edwards is the chief

executive officer of the National Native American Law Enforcement

Association. Mr. Edwards, you may proceed. As I indicated, if you

will summarize your statement within the five minutes allotted, we

would appreciate it.

STATEMENT OF GARY EDWARDS, CHIEF EXECUTIVE OFFICER,

NATIONAL NATIVE AMERICAN LAW ENFORCEMENT ASSOCIATION

Mr. EDWARDS. Mr. Chairman, distinguished members of the committee, distinguished panel, tribal elders and leaders, I am Gary

Edwards, the chief executive officer of the National Native American Law Enforcement Association. I have prepared a written statement and ask that it be entered into the record.

Senator DORGAN. Without objection.

Mr. EDWARDS. It has become common knowledge that methamphetamine is a nationwide problem that is affecting both tribal

and nontribal communities. However, it may not be common knowledge that meth appears to be a bigger problem for tribal communities than for nontribal communities.

There are at least four reasons for the differences. One reason is

the correlation between meth and alcoholism. Unfortunately, the

ethnic group with one of the highest rates of alcohol addictions is

Native Americans. Accordingly, Native Americans and their tribal

communities are and have been targets of meth distributors.

A second reason pertains to the financial conditions of most tribal communities. Most tribal communities rank or at the near bottom of most financial parameters.

A third reason pertains to the geography of many tribes. More

particularly, research suggests that the majority of meth distributed in tribal communities is smuggled through the U.S. borders

with Mexico and Canada. In a recent tribal border security pilot

program, NNALEA and its partners identified 41 tribes who were
23

either on or located within 100 miles of United States borders with

Mexico and Canada. The participating tribes of the Tribal Border

Security Pilot Project, the majority of the participating tribes reported that they had encountered drug smuggling across their respective borders.

Undoubtedly, these tribal communities, among others, are and

have been prime targets for the distribution of meth by smuggling

cartels.

A fourth reason pertains to the numerous jurisdictional issues

that confront tribes that may not confront nontribal communities.

Examples are such as Public Law 280 and outdated tribal codes

wherein meth is not specifically identified as a crime.

We must be organized in our approach in fighting this war

against meth. The National Native American Law Enforcement Association agrees with the current administration that this war

against meth should focus on the following areas: Prevention and

treatment; law enforcement; education; and management of meth’s

unique consequences.

In addition, NNALEA believes that an Indian country drug czar

should be appointed to specifically assist the national drug czar in

the war against meth. This Indian country drug czar would be

tasked through the BIA Office of Law Enforcement Services for coordination. Having this drug czar alone would not make the difference that we need in fighting this war today. We need additional

funding, additional funding for the BuIA Office of Law Enforcement Services so that they can provide law enforcement support,

detention facilities, staffing and training, and a 5-year strategic

plan so therefore our funding should be approached on a 5-year

strategic basis. We have entered within our testimony specific

amounts that we think would be most helpful in these areas.

NNALEA also recommends a funding increase for the IHS to implement their plans and strategies for Indian country across a five

year strategic plan.

As we look at the meth problems, tribes are also affected by

broader processes such as homeland security issues, global warming, population growth, and globalization. Meth is both a problem

in itself and a symptom of broader stress for Indian country. The

U.S. Patriot Act, additional funding and an Indian country drug

czar are weapons in the Indian country war against meth, as well

as the fight against broader stress issues for tribes.

However, winning the Indian country war against meth will be

achieved by tribal leaders, tribal councils, tribal elders and tribal

communities that carry the war lance symbolizing that Indian people will not tolerate drug use.

In closing, I think that the words of the great Sioux chief are appropriate here. The great Sioux Chief Sitting Bull said, ‘‘Let us put

our minds together and see what kind of future we can build for

our children. Hope is strong medicine. Let’s us keep hope alive.’’

I am happy to answer any questions you may have.

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

Senator DORGAN. Mr. Edwards, thank you very much for your

testimony today.

Finally on this panel we have Karrie Azure. Karrie Azure is a

tribal judge on the Turtle Mountain Chippewa lands in North Da-
24

kota. She is appearing here on behalf of the United Tribes MultiTribal Indian Drug and Alcohol Initiative. Judge Azure, thank you

very much for being with us, and you may proceed.

STATEMENT OF KARRIE AZURE, UNITED TRIBES MULTI-TRIBAL INDIAN DRUG AND ALCOHOL INITIATIVE, UNITED

TRIBES TECHNICAL COLLEGE

Ms. AZURE. Thank you very much, Mr. Vice Chairman.

It is a great honor to be testifying before this committee today

on this most pressing issue in Indian country. As stated, I am a

member of the Turtle Mountain Band of Chippewa Indians and I

serve as an appellate justice for my tribe. I also appear today on

behalf of United Tribes Technical College, the Inter-Tribal Justice

Program.

United Tribes received a Bureau of Justice assistance grant in

September 2004 under the Indian Alcohol and Substance Abuse

Program. The grant received is administered through United

Tribes, but the intended service area is comprised of the four major

reservations in North Dakota.

The purpose of the grant is to create an intertribal task force.

The intention is that through cooperation among agencies at the

tribal, State and Federal levels, a sensible solution to the methamphetamine epidemic will be created.

What is unique about this task force is that it is comprised of a

consortium of tribes, something that can prove often difficult within Indian country. Mr. Vice Chairman, I am pleased to report that

the collaboration among the four tribes remains key to our success.

As strongly stated already by tribal leaders and officials in addressing the methamphetamine problem, it is unrealistic for tribes

to engage in a battle against substance abuse alone. Developing

partnerships with local, State and Federal governments is necessary. In that vein, United Tribes’ borderless strategy to combat

substance abuse is in line with the objectives of the National Congress of American Indians urging tribes to develop laws and policies to combat methamphetamine abuse and drug trafficking; seeking tribal partnerships with the White House; and requesting congressional hearings to address the issue.

It is important to stress at this point the accomplishment of one

of those objectives through attendance at the hearing before the

Senate Committee on Indian Affairs today.

Mr. Vice Chairman, I would like to bring to your attention for

1 moment what is occurring within the U.S. Attorney’s office, particularly the efforts of Thomas Heffelfinger. In October 2005 a task

force of U.S. attorneys from throughout Indian country met with

tribal leaders, including representatives of our task force. Mr.

Heffelfinger indicated that the task force he has created will employ strategies similar to those of our grant.

The plan will encourage U.S. attorneys in Indian country districts to work closely with tribal leaders and tribal, local, State,

and Federal law enforcement personnel to ensure that law enforcement actions against methamphetamine manufacture, distribution

and use in Indian country are carried out in a comprehensive manner that recognizes the needs of the various jurisdictions involved,
25

most importantly, that addresses the law enforcement and safety

needs of the citizens of tribal nations within Indian country.

We believe this effort is an important step forward in combating

methamphetamine use in Indian country.

Mr. Vice Chairman, efforts at combating the methamphetamine

problem in Indian country continue under the guidance of the

Inter-Tribal Task Force in North Dakota. From meetings conducted

thus far under the grant, United Tribes has identified key findings

among tribal populations within the State.

Approximately 90 percent of individuals entering treatment programs at Turtle Mountain are methamphetamine-related. There is

a low recovery rate of methamphetamine addicts, approximately

three percent, due to the fact that the treatment length is not long

enough.

IHS is not coding, that is tracking, methamphetamine use, so

data is unreliable. There is currently no concrete data available.

Methamphetamine dealers are traveling from reservation to reservation, which causes problems with jurisdictional issues. Juveniles are being used as dealers and pushers because of lesser sanctions against them.

House explosions are occurring on reservations because of methamphetamine labs gone awry. For those reservation communities

that have resident treatment facilities, there is a lack of bed space

for new patients. Specifically at Turtle Mountain, we have a tribal

population living on or near the reservation of about 14,000, and

we have a resident treatment facility with only eight beds. This is

highly inadequate.

There are no treatment facilities within the State for juveniles,

and the only long-term treatment facility for adults is at the State

penitentiary. Treatment time is not long enough for methamphetamine addicts; 28 days is not enough time. Oftentimes, the need for

recovery for methamphetamine addicts is 6 months or longer.

There is a lack of law enforcement. There is not enough funding

to address the need on many reservations, and due to recent budget cuts, the Turtle Mountain Reservation will lose its drug investigators. Spirit Lake will lose one police officer when it currently

only has one officer on duty per shift.

There is a dramatic increase in the number of babies being born

affected by methamphetamine. Information is not being shared

with the community. We need to educate the tribal community so

members know what is going on with methamphetamine. Drug

testing is not being done at all levels of employment in our tribal

communities.

As a brief side note, as you might be aware, Mr. Vice Chairman,

the Turtle Mountain Band of Chippewa Indians recently passed

unanimously by the tribal council an exclusion and removal ordinance. This ordinance has been at the forefront of the tribal chairman’s agenda since July 2005 and was instituted to deter malicious

violations on the reservation.

The resolution applies to any individual who violates the peace,

welfare and happiness of the tribal membership through illegal

drug activity. This resolution is another example of the work being

done at the grassroots level to combat the methamphetamine epidemic.
26

Therefore, Mr. Vice Chairman, as is evident through the listing

of preliminary findings, the implementation of the United Tribes

grant is a proactive and positive step toward eradicating the methamphetamine problem in Indian country. Through collaboration

and cooperation between all levels of government and continued

support of grant programs that provide the opportunity to open the

lines of communication between these levels of government, workable solutions will be identified and implemented to ensure the

prosperity of future generations of Indian people.

Mr. Vice Chairman, thank you for allowing me to testify today

and I look forward to answering any questions you might have.

[Prepared statement of Ms. Azure appears in appendix.]

Senator DORGAN. Ms. Azure, thank you very much.

I am going to ask a series of questions, then I will call on my

colleague, Senator Murkowski.

I am going to ask you, Ms. Azure, in a couple of minutes about

the 90 percent of the individuals entering treatment programs at

the Turtle Mountain Reservation being meth related. That is an

unbelievable statistic. I am going to ask you about some of that.

But first, Chairwoman Wesley-Kitcheyan, your testimony is just

heartbreaking. I know you said that you, as chairman of our tribe,

were almost reluctant to come here because of airing dirty laundry

in public, the perception of doing that. I know you said that. I

think your testimony is enormously helpful and I hope will persuade the Congress to work with you and with others and be much

more aggressive, and I hope in the long term will save lives.

Let me just review a couple of the things you described: A 9-yearold meth user; 9 years old, a meth user; a 22-year-old meth user

trying to commit suicide by stabbing himself with a 10-inch knife;

101 suicide attempts on your reservation of, what, 15,000 people,

you said?

Ms. WESLEY-KITCHEYAN. About 13,000.

Senator DORGAN. About 13,000 people, in 1 year, 101 suicide attempts, some related to meth. Of the past 10 suicide attempts, 8

of the individuals were using meth; in 2004, 64 babies out of 256

born to the San Carlos Apache Tribal members were addicted to

meth; 24 to 25 percent of pregnant women at the San Carlos Reservation tested positive for meth, pregnant women.

Just going through this list, it just breaks your heart to understand the human misery that is visited upon these Indian reservations as a result of those who are peddling this deadly addiction

to methamphetamine.

But let me just say to you that it is very hard to talk about these

things in public for a tribal chair on behalf of your people, but I

think it is also very important, because if we don’t get this country

and the Congress to understand the dimensions of this crisis, it is

not going to be responded to as aggressively as it must.

I could tell when you described, was it your nephew?

Ms. WESLEY-KITCHEYAN. My grandson.

Senator DORGAN. Your grandson, a rodeo star, who took his own

life, or was killed?

Ms. WESLEY-KITCHEYAN. No; it was in a car accident. He was on

the Tohono O’odham Reservation and he was engaged in human

smuggling, as well as drinking and doing drugs.
27

Senator DORGAN. Yes; I could tell when you described that and

had difficulty describing it, how profoundly affected all of us are by

what people get involved with when addicted to meth.

I have at meth meetings in North Dakota used a series of about

seven charts of a woman who was arrested for meth use, a vibrant

beautiful woman, with her mug shot at a police station, and then

over the next 6 years, six additional photographs of that woman.

It is unbelievable to see what has happened. That woman at the

end of 6 years looked almost like a cadaver. It is unbelievable the

effect of methamphetamine on humans.

Ms. Azure points out 90 percent of the individuals entering treatment programs at Turtle Mountain are methamphetamine addicted. She says there is a very low recovery rate for meth, which

is what I was asking the Indian Health Service about. You say 3

percent due to the fact that treatment is not long enough.

I don’t want to give testimony here, but let me just also point out

a family that came to a meeting I had in Dickinson, ND recently.

A young daughter, 3.6 grade point average, junior in college, a terrific young woman, doing well, all of a sudden at a party got a hold

of some meth, became addicted, and is in and out of jail ever since.

And that family came to this meeting I had to say they were fortunate that that daughter of theirs was kept in jail for a lengthy period of time so that then they could find a treatment center where

she now is that would give her at least 1 year to 15 months of concentrated treatment because that is the only way she can shed her

addiction. She can’t shed her addiction unless she has that kind of

treatment.

My great fear is that we don’t have nearly enough resources devoted to this. First, stopping the flow from Mexico coming in; second, stopping the cooking of meth here in this country; third, when

we have these people who are addicted, putting them into a treatment program that really does work, a lengthy program. This can’t

be like other addictions because it doesn’t work the same way. It

is much more deadly.

I didn’t mean to give a statement here, but I was really taken

by the testimony here. Mr. Keel and Mr. Edwards, you described

the additional money that is necessary. You can’t do this without

having treatment beds, without having law enforcement, without

having intervention and opportunities.

So let me just ask a couple of very brief questions. Chairwoman

Wesley-Kitcheyan, this is the second time that you have been a

part of a group that I have had the opportunity to listen to. You

come to Washington, DC and you described to us this morning a

devastating set of circumstances. You are a tribal leader. What is

the most important one or two things that you think we can and

must do to give you the tools and to be helpful to you to address

this and turn it around?

Ms. WESLEY-KITCHEYAN. I believe that the most important thing

that Congress can do is to restore the funding to BIA, IHS, and

possibly more as well, because the first panel described treatment

centers. Some of my people have to wait and then they give up

waiting to be placed in those treatment centers. Prevention, dollars

for prevention would be number two, in my opinion. Social services
28

is facing a $16-million shortfall in BIA. Next year, I understand it

is going to be $11 million. We need that. Our kids need that.

Senator DORGAN. Ms. Azure, in your role as a tribal appellate

judge, you have people come before you whom I assume you know,

or at least others tell you, are addicted to methamphetamine. Is

that correct?

Ms. AZURE. Yes; that is correct, particularly a lot of the kids that

I see are involved in custody cases, because they were child abuse

and neglect cases at the lower court level. The reason why many

of the children were removed was because of meth use in the home.

Senator DORGAN. And if you see someone coming before you that

has a meth addiction, and you need to respond to that in your judicial role, what normally would you do? Because you understand

from your testimony that treatment for that cannot be treatment

of 2 weeks or 30 days somewhere. It has to be a much more aggressive treatment. What do you do?

Ms. AZURE. Unfortunately at the appellate level, we can either

just dismiss the case or remand it to the lower court with instructions. In those cases, we would remand to the lower court with a

recommendation that they seek further treatment. Along with what

Ms. Wesley-Kitcheyan stated, in the State of North Dakota there

are no treatment facilities for juveniles at all.

Currently, at Turtle Mountain there are two juveniles that nobody wants to take in their treatment centers because of not only

their substance abuse issues, but they have behavioral problems.

They are unruly children, I guess, or unruly juveniles and they

cannot be handled.

So we have a problem with those two individuals. Their parents

have nothing to do with them anymore. So this is a problem. This

is the future of our reservation: These children. We have tried to

get them into other State treatment programs. Oftentimes, South

Dakota will handle these cases. And also for the adults, at Turtle

Mountain we only have eight beds in our residential facility, which

is not nearly enough. However, the State penitentiary does have a

program and it seems to be working due to the fact that they are

incarcerated for over the 6-month period.

Senator DORGAN. About 11⁄2 weeks ago, I sat down with up to I

guess 10 or 12 teenage students on an Indian reservation in North

Dakota. No press was there. No parents were there. No teachers

were there. I just wanted to sit down and talk to them about their

lives, about the challenges, about substance abuse, about teenage

pregnancy, all the things that are happening on their reservation

that represent their experience.

It was a fascinating discussion. Also heartbreaking in many ways

as well, but we have so much to do.

Mr. Edwards, I think you and Mr. Keel described circumstances

where you believe that there are drug dealers going reservation to

reservation to create addiction, and therefore create a market. Do

you believe it is that deliberate? And how significant is that?

Mr. KEEL. Thank you, Mr. Chairman.

I believe it is deliberate. I believe they treat it as a business. In

order to create a business, you go to somewhere where the people

are vulnerable. Our children are vulnerable in the rural areas

where they have a lack of resources. For instance, law enforcement,
29

I think it has already been pointed out that the vast area, the geographic size of some of these areas are unmanageable by tribal police.

Senator DORGAN. When you say ‘‘they,’’ is it organized crime or

is it the development of new drug rings?

Mr. KEEL. I believe it is both. I believe it is the, well, let me go

back. A couple of years, 2 or 3 years ago in Oklahoma, we had a

real epidemic of local folks cooking this meth. In the rural areas,

they would cook it and then sell it and create a market.

As the State of Oklahoma clamped down and created laws where

it made it harder to buy the actual phedrine and some of the things

are used in the manufacturing of this drug, it made it harder for

them to get the materials. And so, this created an opportunity for

some of the areas from Dallas, from Mexico, from other places to

come in with their drug that is already made. The way you create

a market is to get someone addicted. And so you give it away. You

give this, or you create a real cheap market.

Senator DORGAN. Do you think there is a deliberate strategy to

create a customer base by addicting people with the free samples?

Mr. KEEL. Absolutely.

Senator DORGAN. Mr. Edwards, would you comment on that?

Then I am going to call on my colleague, Senator Murkowski.

Mr. EDWARDS. Yes; I think it not only is organized by drug cartels and for money, but I also fear that terrorists and people that

are wishing harm to our country in general are also orchestrating

some of this particular advancement of methamphetamine, and the

smuggling of that across the borders. It is relatively inexpensive

compared to other drugs, but its treatment is severe, the implications of what it does to the brain and how long, as you mentioned,

it takes for that person or persons to recover. I think that would

be terrorist tactic that we must be aware of today and we must

stop this drug from coming across our borders.

There are certain things that we can do and we have done, and

the Patriot Act helps us do that with regard to stopping the manufacture in the drug labs inside the United States. But now, all indications show that 80 percent of the drug is being smuggled from

Mexico into the United States. We must stop that.

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

Senator Murkowski.

STATEMENT OF HON. LISA MURKOWSKI, U.S. SENATOR FROM

ALASKA

Senator MURKOWSKI. Thank you, Senator Dorgan, and thank you

to the witnesses that have given such compelling testimony here

this afternoon.

I wish that we had had an opportunity to point out the young

people that were in the back of the room who just left. There must

have been 20 of them at one point in time. I look at that, I look

at them and recognize this is how we are going to make the difference when it comes to the prevention and the education. These

young people need to hear how meth is killing our people. They

need to understand that this is real, that this is devastating, and

this could be them and their families.
30

Unfortunately, as we know with all of our young people, there is

a little bit of invincibility. We can do anything and make it through

and be fine. Meth is different. And if there is one thing that I have

picked up from the testimony that I have heard here this morning,

meth is different and we need to treat it differently.

Now, I was sitting here thinking, when it was cocaine or when

it was ecstasy or when it was heroin, did we have a call for a drug

czar? Did we have task forces being formed to look specifically at

one drug? I don’t recall that we did. I think we acknowledged that

we have a terrible problem with substance abuse and we have to

deal with it, but we have never identified one drug and said, this

is killing our people. And meth is doing just this.

And so, I appreciate the fact that we are using terminology like

declaring war on meth. We must be tougher and stronger and more

adamant about eliminating it, eradicating it than we have anything else because it will kill us in larger numbers than any other

drug out there, is what I understand.

And Mr. Chairman, I want to thank you for your very personal

initiative and your leadership on this issue. We have a long way

to go, and I was listening to you talk about how we have to approach the treatment differently. When we are talking about the

dollars and acknowledging that treatment programs for young people simply don’t exist and those that do are not adequate. We have

a very seriously long way to go in how we are going to deal with

this.

We are seeing meth present its ugly head all over Alaska right

now. I have always liked to think that we are far enough away, we

are remote, we are inaccessible, we have geographic challenges

that make certain aspects of commerce next to impossible in my

communities. And you know what? Even with those challenges,

something like meth gets in and it starts to take out our villages.

We are seeing it up in Barrow, the furthest north community. That

community has declared war. They were shocked when they discovered that meth was being cooked in Barrow.

We don’t quite know what to do yet, and listening to you, it appears to me that we are all in this together. Nobody quite knows

what to do yet. I think it is because we are dealing with a drug

that is different.

Mr. Edwards, I want to ask you from the enforcement perspective, one of the issues that we have been dealing with in Alaska,

so many of our villages are dry or damp, and so we try to put some

accountability with the U.S. Postal Service to help us keep the alcohol out of the communities. How do we do it with something like

meth, when you are talking about moving a much smaller, much

easier to hide item? What hope can you give me in terms of what

we are doing currently to stop the smuggling?

You have indicated that 80 percent of this stuff is coming over

the Mexican border. Are we making any headway at all in identifying and stopping?

Mr. EDWARDS. I think we are making good headway in non-Indian territory, but not near as quick a headway in Indian country

because the resources have not been targeted there and delivered

there. Indian country is doing the best we can with the resources

we currently have, and it is a rare instance where the true partner-
31

ship develops and we get the funding we need to stop those type

of smuggling.

One thing, and we are looking just at the continental United

States and the 40 tribes within that area, that our surveys showed

us was that of these tribes, the tribes believe that they need a total

of 533 additional law enforcement officers just to maintain their

current level of smuggling preparedness, patrols and general other

criminal type activities.

When we are dealing with methamphetamine, I think the key

thing here is that we have to realize that this is not like we used

to deal with cocaine or heroin, where we would go in and we would

work and we would do a bust and we would work our way up the

food chain. This is a unique, different culture. It is more of a closed

culture. So consequently, it is much harder for law enforcement to

infiltrate.

So consequently, that is why I am saying we need to have a drug

czar in place so that we can begin a planning strategic process that

we understand now more about this terrible drug and disease. We

understand that it is a very gang-prone method. It was a Hell’s Angels drug back in the 1970’s and 1980’s. We have dealt with these

things before. We have been successful, but we need to have a coordinated effort.

Right now, we have a lot of different agencies going out and

doing different things, conducting training and education, but

somehow we need to pull that together.

Senator MURKOWSKI. You have indicated through your words

here that you recognize that there has to be a different approach

with this drug. Is that generally accepted within the law enforcement? And do they recognize that this approach has to be different

with meth?

Mr. EDWARDS. Yes; I think it is. And that is in Indian country

and non-Indian country. The COPS office, the Community Oriented

Policing Service, conducted a methamphetamine initiative back in

2005, and some of their findings at the end of 2005 indicated that

they had five pilot sites and none were on reservations. And the

approach that they used and what they learned are some of the

things that I mentioned to you, that it is different, it is a more

closed society.

You do have it where you can manufacture it right there locally

with people that know each other. These things that I am telling

you are conclusions that they have drawn. But now we need to

take that and make it a culturally effective thing for our particular

Indian communities.

Senator MURKOWSKI. What can we do, and I will direct this to

all of you who can jump in here, what can we do from the prevention and the education perspective within Indian country, up in our

native villages, down on the reservations. What can we do to have

an effective prevention message so that our young people are getting it and steer clear of it? What do we have to do? Does anybody

have any good ideas?

Mr. KEEL. I will try. I think one of the problems that we have

in Indian country is a lack of a coordinated strategy in Indian

country for a message to go out nationally. There are some organizations, the National Congress of American Indians, the National
32

American Indian Housing Council, several of those have newsletters that we send out. But tribes are not treated the same as

States in terms of the grants that go out to some of the drug prevention strategies.

I think a coordinated effort nationally that includes the tribes

and the States and all of the other national agencies together, putting together a message that reaches our young people down at the

high schools and even down in the junior high and elementary levels. It has to go locally. I think the Indian tribes with tribal governments are more local. They are more able to do that, particularly

with the reservation and some that are isolated.

Methamphetamines, it affects the whole family. It is shattering

the families because there are instances, for instance in the Navajo

Nation, where a grandmother was recently arrested, three generations of that one family, for selling drugs. You know, they are all

involved. And so, somehow we have to reach our people and it has

to be a coordinated strategy.

Ms. WESLEY-KITCHEYAN. If I may please? Senator Murkowski,

thank you very much.

I really believe that one of the things we should do in terms of

prevention and intervention is that we need to develop educational

curriculum for Head Start students on up to the senior level.

Secondly, I think we need to exercise tough love for our children.

I know and I have seen many parents think that they do good by

providing just about anything that children want, but that is not

the way. We can develop a strong juvenile code as a tribe and stick

with it. And continue to look for prevention programs, treatment

centers, get in highly specialized personnel in the Indian Health

Service or tribal health service to provide counseling for our children because we really don’t have that at this point.

Senator MURKOWSKI. I appreciate the advice on kind of a coordinated campaign. Certainly from the national perspective, meth is

huge, everywhere. But it does make me wonder if you don’t need

a more defined strategy within Indian country where the devastation just seems to be that much more acute.

Of course, as a parent, we are all aware you can talk the talk,

but if you are the messenger that teenagers are tuning out to, we

can talk all we want. This is going to have to be something where

we have an ability to actually have a communication with the

young people. It is almost, maybe we ll need to sit down with 10

or 12 of them and do it one group at a time.

I am not quite sure what it is, but we are not getting the message out yet that this is something that does kill you and your family, and that the long term consequences are simply not worth the

risk.

Mr. Edwards, you look like you wanted to jump in there.

Mr. EDWARDS. I think when we look at meth, education is certainly a key for not only the children, but also for the tribal leaders, elders and the community in general, and also through the

whole process of enforcement and then recovery.

But you know, meth is like any adversary or foe. It has weaknesses. In Indian country, I think there are two primary

vulnerabilities of meth that we can turn into our strengths. Those

are peer groups, the use of peer groups, and the economy. Right
33

now, it is a cheap substance. We must go into the distribution, the

supply, the manufacturing method with our law enforcement and

we must make that more expensive to where people can’t afford it,

for one reason.

The next thing in dealing with the children and everything, we

must remove the criminal peer groups such as gangs. And then we

must interject and change those peer groups to positive organizations that are safe places for kids that provide hope for the future,

such as Boys and Girls Clubs of America and tribal youth organizations.

These have proven to be effective and I think used in the proper

context, and also with the infiltration of police being there and explaining and educating in these particular groups, that we will be

successful.

Senator MURKOWSKI. I am going up to the State next week and

visiting in about five very small villages outside of the Kotzebue region. When I am in the State and am talking with young people,

this is something that I bring up at every opportunity. I think it

is something that we as policymakers, you and all of your roles, we

need to be talking about it all the time and making sure that we

have the facts with us, and letting our young people understand.

So that will be my mission next week.

Mr. Chairman, I want to thank you for again your leadership on

this and for the time with the witnesses here this morning.

Senator DORGAN. Senator Murkowski, thank you very much, and

thanks for your continuing concern on the meth issue.

I want to indicate again that Senator McCain was a stimulant

for the calling of this hearing, along with myself, and is fully committed on this issue. He was called to leadership meetings this

morning on the immigration bill that is on the floor.

But Senator McCain and I plan to introduce later today legislation which would amend the recently enacted U.S.A. Patriot Act to

specifically include tribal governments in methamphetamine reduction grants. It would add tribes to the two grant provisions for

meth hot spot areas and drug-endangered children, and clarify tribal eligibility for the competitive grants to address methamphetamine by pregnant and parenting women offenders.

I wanted to make that point again, and to indicate on behalf of

the chairman that this committee will continue to be vigilant and

aggressive on the methamphetamine issue. We thank very much

the witnesses who have come today to testify.

This hearing is adjourned.

[Whereupon, at 11:35 a.m., the committee was adjourned, to reconvene at the call of the chair.]

(35)

APPENDIX

ADDITIONAL MATERIAL SUBMITTED FOR THE RECORD

PREPARED STATEMENT OF HON. DANIEL K. AKAKA, U.S. SENATOR FROM HAWAII

Thank you Mr. Chairman and Mr. Vice Chairman for holding this important oversight hearing. I am pleased that our witnesses are provided this venue to discuss

the effects of methamphetamine use in Indian country, as well as solutions that can

be shared with Native and rural communities across the nation. Meth trafficking

and usage are serious problems in this country that continue to significantly burden

and disproportionately impact our Nation’s indigenous people.

With Hawaii having the highest meth usage rate in the country, I am very familiar with the devastating physical, social, and economical problems resulting from

the presence of meth in our communities. Unfortunately, I have witnessed first

hand the deterioration caused by meth usage on the well-being of Native Hawaiian

youths and their communities. This drug depletes the productivity and energy of

some of our brightest and most promising young people, robbing them of the experiences of youth and leaving them disadvantaged for the future. It also weakens the

cultural foundation of these communities that in turn, inhibits the ability of our indigenous people to contribute to the larger society.

I look forward to working with the committee and my colleagues to ensure that

every effort is made to empower the indigenous people of this country to not only

treat meth abuse, but also to prevent meth trafficking and usage in their communities. I thank the witnesses here today for presenting their testimony.

PREPARED STATEMENT OF IVAN D. POSEY, CHAIRMAN, EASTERN SHOSHONE BUSINESS

COUNCIL

Good morning. My name is Ivan Posey and I currently serve as the chairman for

the Eastern Shoshone Business Council and cochair for the Eastern Shoshone and

Northern Arapaho Joint Business Council. We both share the 2.3 million acre Wind

River Indian Reservation in west central Wyoming. It is the only reservation in the

State of Wyoming.

There are currently 3,900 Eastern Shoshone and 8,200 Northern Arapaho tribal

members. Over 50 percent of tribal members from both tribes are under the age of

30. The reservation is home to approximately 7,000 American Indians and 9,000

non-Indians.

First of all I would to thank the distinguished Senators on the committee, including our own Senator Craig Thomas, for allowing me to testify on a very important

issue that is affecting Indian country—methamphetamine.

I would like to present testimony on the following: Foster Care, Health Care, Education, and Law Enforcement.

FOSTER CARE

According to workers in the social service programs for the tribes, methamphetamine plays a large role in 65 percent of all cases involving child neglect and place-
36

ment of children in foster care. Use of the drug has devastating and sometimes lasting affects to the tribal family structure. Let me explain, foster care parents are

hard to come by in Indian country which sometime places the burden on relative

placement which may be the grandparents, uncles, aunts, and siblings. Although

our extended family structure is a great strength for us it sometimes has negative

affects on the children in the system that may still have close ties with a parent,

or parents, who are still utilizing this illegal drug. When a family member has a

substance abuse problem it affects the whole family. We don’t alienate our family

members and that sometimes creates a codependent system for the whole family including the children. With the drug so easily available and addictive it increases the

chances of violence in households.

The strain on our social workers is tremendous considering the rural setting of

the reservation and the distance between our four communities and the towns of

Lander and Riverton. The continuing coordination with the court system, recovery

programs, counselors and others involved with children is, at times, overwhelming.

Our social services programs are staffed with committed people who are being

bombarded with the affects of this drug in an already strained system.

I believe that we must provide the family with the necessary tools to adequately

address this problem. This may include counseling for the entire family and the resources to adequately fund these initiatives. I understand that there is no easy solution when it comes to the devastating affects of methamphetamine in Indian country

but realize that family structure is the most important.

EDUCATION AND HEALTH CARE

There was an instance where a young lady went to school ‘‘tweaking’’ from the

affects of this drug. She mentioned to her friends that she acquired the drug from

her parents ‘‘stash’’ and that she would share with them if they wanted some. The

sad part of this story is that this young lady was in sixth grade.

Access to this drug has become more available to students in all grades on and

off our reservation.

Methamphetamine among parents affects students, especially preschool and Head

Start age, through increased absenteeism and malnutrition. When parents who use

don’t have an appetite they in turn don’t feed their children. This has a direct affect

on a child’s learning ability.

Education, I feel, is the key to addressing the problem of methamphetamine in

Indian country. Whether it is the local school system, tribal governments, or interagency coordination, getting the word out on the devastating affects of this drug is

essential. There has to be more efforts to educate our elders and community members to the dangers of methamphetamine use. Our tribe currently performs pre-employment and random drug testing and has established an employee assistance program for those who wish to seek help if they are tested positive.

Our health care system in Indian country is already at the breaking point for providing adequate health care for tribal people. Methamphetamine use has increased

the number of vehicle crashes, domestic violence visits, and prolonged hospital stays

due to some of these factors.

The use of this drug has long lasting affects to those who become addicted. Long

term affects range from continued mental and dental care to permanent brain damage. Some people will become lifelong patients to our tribal health care systems.

What is needed in Indian country are residential treatment facilities that address

chemical dependency in sometimes a cultural and traditional manner; 80 percent of

all residents in the Rock Springs, WY treatment facility are from the Fremont

County, where we reside. This facility is 2.5 hours away from our home. Some youth

patients go as far as California and South Dakota.

LAW ENFORCEMENT

Law enforcement have seen four homicides in 2004 related to methamphetamine

use on the Wind River Reservation. There were 284 drug related misdemeanors in

2004 [possession, sell, and manufacture] with 99 in 2005. There were also 125 child

abuse cases reported in 2004 and 90 in 2005.

One of the key aspects to combat methamphetamine was the establishments of

partnerships with the Drug Enforcement Agency and the Wyoming Department of

Criminal Investigation. Support from the Shoshone and Arapaho Tribe Joint Business Council for this partnership was instrumental in allowing this to happen in

2004.

Our local law enforcement has been very active working with other organizations

to address the problem and look at the issue in a broader sense.

The major drug bust in May 2005 has shown that this drug does not discriminate.

From our judicial system to our local schools it has, and continues, to have drastic
37

affects. With our rural setting we still need enough uniformed officers to adequately

patrol and protect our homes. We need an increase of funding for our law enforcement and tribal courts in Indian country.

SUMMARY

In closing I would like to emphasize the need for more prevention programs that

can be offered through our Boys and Girls Clubs or other youth organizations. There

is also a place for this at our senior citizens programs. We need to continue to educate at all age levels and strongly push the negative affects of this drug. We also

need to look at long term treatment facilities in areas such as ours which are in

rural settings which makes us send our loved ones to other states to receive treatment. The emphasis needs to be Prevention, Education, and Treatment. Unfortunately, those caught in the middle are subject to our law enforcement and judicial

systems.

As sovereign nations, Indian tribes need to look forward to ensure that we pass

the torch to our younger generation so our people have the same right to quality

of life and other opportunities as we have had. Methamphetamine is a very real

threat that we need to address and overcome as a Nation to feel we did what we

could to make this a better place for those who follow us.

Thank You.
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201

Æ