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47–495 PDF 2009

S. HRG. 111–20 

RECEIVING THE VIEWS AND PRIORITIES OF 

INTERIOR SECRETARY KEN SALAZAR WITH 

REGARD TO MATTERS OF INDIAN AFFAIRS 

HEARING 

BEFORE THE

COMMITTEE ON INDIAN AFFAIRS 

UNITED STATES SENATE 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

FEBRUARY 12, 2009 

Printed for the use of the Committee on Indian Affairs 

( 

(II) 

COMMITTEE ON INDIAN AFFAIRS 

BYRON L. DORGAN, North Dakota, Chairman 

JOHN BARRASSO, Wyoming, Vice Chairman 

DANIEL K. INOUYE, Hawaii 

KENT CONRAD, North Dakota 

DANIEL K. AKAKA, Hawaii 

TIM JOHNSON, South Dakota 

MARIA CANTWELL, Washington 

JON TESTER, Montana 

TOM UDALL, New Mexico 

lllll, lllll 

JOHN MCCAIN, Arizona 

LISA MURKOWSKI, Alaska 

TOM COBURN, M.D., Oklahoma 

MIKE CRAPO, Idaho 

MIKE JOHANNS, Nebraska 

ALLISON C. BINNEY, Majority Staff Director and Chief Counsel 

DAVID A. MULLON JR., Minority Staff Director and Chief Counsel 

(III) 

C O N T E N T S 

Page 

Hearing held on February 12, 2009 ....................................................................... 1 

Statement of Senator Barrasso ............................................................................... 2 

Statement of Senator Dorgan ................................................................................. 1 

Statement of Senator Johanns ............................................................................... 18 

Statement of Senator Johnson ................................................................................ 4 

Statement of Senator Murkowski ........................................................................... 4 

Statement of Senator Tester ................................................................................... 4 

Statement of Senator Udall .................................................................................... 5 

Prepared statement .......................................................................................... 5 

WITNESSES

Salazar, Hon. Ken, Secretary of the Interior, U.S. Department of the Interior . 6 

Prepared statement .......................................................................................... 9 

APPENDIX

Devers, Hon. Chris, Chairman, Pauma Band of Mission Indians; Chairman, 

Council of Energy Resource Tribes, prepared statement .................................. 23 

Dorame, Hon. Charles, Chairman, Northern Pueblos Tributary Water Rights 

Association, prepared statement ......................................................................... 26 

Lewis, Tsosie, CEO, Navajo Agricultural Products Industry, prepared statement ...................................................................................................................... 28 

Response to written questions submitted to Hon. Ken Salazar by: 

Hon. Byron L. Dorgan ...................................................................................... 30 

Hon. Maria Cantwell ........................................................................................ 35 

Hon. Tom Coburn, M.D. ................................................................................... 34 

Hon. John McCain ............................................................................................ 37 

Hon. Jon Tester ................................................................................................ 38 

(1) 

RECEIVING THE VIEWS AND PRIORITIES OF 

INTERIOR SECRETARY KEN SALAZAR WITH 

REGARD TO MATTERS OF INDIAN AFFAIRS 

THURSDAY, FEBRUARY 12, 2009 

U.S. SENATE, 

COMMITTEE ON INDIAN AFFAIRS, 

Washington, DC. 

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

628, Dirksen Senate Office Building, Hon. Byron L. Dorgan, Chairman of the Committee, presiding. 

OPENING STATEMENT OF HON. BYRON L. DORGAN, 

U.S. SENATOR FROM NORTH DAKOTA 

The CHAIRMAN. We are going to call the hearing to order. This 

is a hearing of the Senate Indian Affairs Committee. We have other 

colleagues who will join us, but in the interest of the Interior secretary’s time, we want to begin on time. 

I am honored to welcome the Honorable Ken Salazar, who is the 

Secretary of the Department of the Interior. I understand from Mr. 

Secretary that this is his first formal appearance before the U.S. 

Senate since his confirmation on January 20th. I want to say, and 

I know I speak for my colleague, Senator Barrasso, that I was honored to vote affirmatively on the confirmation of Senator Salazar. 

I think he is going to be a great Secretary of the Interior. 

In that job, he has the solemn responsibility of carrying out our 

Nation’s treaty and trust obligations to federally-recognized Indian 

tribes. While the trust obligation is Government-wide, the Interior 

Department is the principal agency that is charged with meeting 

the Government’s trust responsibilities to American Indians. The 

government-to-government relationship that exists between the 

United States and Indian tribes stems from some of the oldest documents that helped form this Union. Debates of the Continental 

Congress acknowledge the sovereign status of tribes. The debates 

contemplated trade and commerce agreements with tribal governments, and those discussions carried over into the formation of the 

Constitution for this Country. 

The sovereign status of tribes is prominently acknowledged in 

the Constitutions’ commerce clause. That clause recognizes that 

Congress ‘‘has the power to regulate commerce with foreign nations, among several states and with Indian tribes.’’ 

In our part of the Country, most tribes refer to the 1868 Treaty 

of Fort Laramie as the governing document for their relationship 

2 

with the United States. Fort Laramie was located in the Wyoming 

Territory, the State of our distinguished Vice Chairman. That treaty established reservations not only in Wyoming, but in North Dakota, South Dakota, Montana. And in that treaty, the United 

States made specific promises, explicit promises, to provide for public safety, education, health care and the general welfare of the reservation communities. 

It is safe to say, I believe, that we have not met those responsibilities. Some of the highest unemployment in our Nation exists 

on reservations, including the reservations of the Northern Great 

Plains States. We have, I believe, a crisis in Indian health care, 

with 40 percent of the needs unmet. In any part of this Country, 

they call that health care rationing. And it should be front page 

headline news, because it is scandalous. 

We have very significant challenges in Indian education and significant challenges in Indian housing issues. We need to do better 

as a country to meet our obligations. We have made promises, we 

have signed the line in treaty agreements, and we have trust responsibilities. 

I have used the word shameful, that in three of the last four 

years, I believe, we have not even had an Assistant Secretary of 

Indian Affairs. That position has been vacant. That is not a good 

way to discharge our responsibilities. 

That burden doesn’t fall on the shoulders of Secretary Salazar. 

He has only been in this position for a couple of weeks. We call him 

before this Committee and appreciate very much his willingness to 

come before the Committee today to talk about the challenges and 

the obligations and talk about his stewardship as Secretary of the 

Interior and the opportunities he has to address some of these 

issues. We will be interested in talking to him about, I am sure, 

about education, health care, law enforcement, which I have not 

mentioned, and a good number of other issues. 

I will especially be interested in talking to him about the Assistant Secretary position, because I think it is important we have 

good leadership and continuity. I thank Mr. Skibine for filling in 

as Acting while we have been waiting for this change and for the 

selection of a new Assistant Secretary as well. 

Having said all that, Mr. Secretary, thank you so much for being 

here today. We appreciate the opportunity to hear your thoughts 

and to ask you some questions. 

Let me call on the Vice Chairman, Senator Barrasso, for comments. 

STATEMENT OF HON. JOHN BARRASSO, 

U.S. SENATOR FROM WYOMING 

Senator BARRASSO. Thank you very much, Mr. Chairman. 

Good morning, Mr. Secretary. I am delighted to have you here. 

I look forward to hearing from you on your views and priorities regarding Indian Affairs at the Department of Interior. 

First of all, let me say how pleased I am to see that a fellow 

westerner, a former member of the Senate, is going to be heading 

up the Department of Interior. I want to congratulate you on this 

new position and note that not only has the Secretary been a colleague during my time in the senate, but really a true friend and 

3 

a friend of the people of Wyoming and to the west. I am very 

pleased that you are here. 

It would be very difficult to find a better, more qualified person 

to take over the important work that is being carried out by the 

Department of Interior at this time. So I look forward to working 

with Secretary Salazar during this Congress, not only to address 

the many challenges that Indian Country is facing, and there are 

many, some old, some new, but also to assist Indian Country in 

opening its doors to a thoughtful plan and sustainable economic development. I may be new at this job as Vice Chairman of the Committee on Indian Affairs, but regardless, I am a firm believer in the 

notion that a healthy, vibrant, educated community isn’t possible 

without opportunities, opportunities for individuals to earn a good 

living, and without high levels of employment. 

Mr. Chairman, as you and the Secretary are both well aware, the 

western United States is home to vast energy reserves, many of 

which are situated on tribal lands. We have talked about that before in this Committee. Development of our domestic energy resources is critical to our Country’s energy security. It also happens 

to create good-paying jobs which in turn create robust local economies. 

Indian lands have tremendous potential for energy development. 

Not all tribes have these mega-casinos. And this is especially true 

of the tribes in the inter-mountain west and the Great Plains. 

Some tribes in these areas have been blessed with mineral and energy resources which, if developed with care and with planning, 

could play a major role in turning around the local economies in 

reservation communities. As is certainly the case for the Wind 

River Reservation in my home State of Wyoming, and for other reservations as well. 

For example, the Office of Indian Energy and Economic Development at the Department of Interior states that while Indian lands 

comprise only 5 percent of the total lands of the United States, 

they contain nearly 20 percent of the United States’ energy reserves, with 15 million acres of undeveloped energy resources. 

These tribes need a Secretary who will help them realize the potential of their energy, mineral and other natural resources. 

Another critical area that has been neglected for far too long is 

law and order on Indian lands. The Chairman and I had a chance 

to visit about that last week. The current law enforcement statistics in Indian Country are unacceptable. On the Wind River Reservation in Wyoming, there are usually no more than two full-time 

police officers on 24 hour duty for an area that is nearly the size 

of Connecticut. 

Mr. Chairman, I am sure you would agree that non-Indian communities would not tolerate such a low level of protection. There 

is no reason that Indian communities should expect anything less 

than other communities in the way of law and order and public 

safety. 

So I applaud the Chairman for your efforts in the 110th Congress 

to improve law enforcement and public safety in Indian Country, 

and look forward to working with you and with Secretary Salazar 

toward that end in the 111th Congress. So I want to thank you, 

Mr. Secretary, for your willingness to be here today, for your willVerDate Nov 24 2008 11:35 Jun 08, 2009 Jkt 047495 PO 00000 Frm 00007 Fmt 6633 Sfmt 6633 S:\DOCS\47495.TXT JACK PsN: JACKF
4 

ingness to serve and I am looking forward to hearing your views 

and recommendations on these and other issues. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Senator Barrasso, thank you. 

Mr. Secretary, I know you have served on many committees here 

in the Senate. Perhaps in some committees they have allowed long, 

ponderous and torturous opening statements by every member of 

the Committee so that we could have witnesses come and listen. 

And you have perhaps served on committees where there are no 

opening statements other than the Chairman and Ranking Member. 

So let me ask my colleagues if they would have a one minute 

statement, so that we can get to the Secretary. Let me call on my 

colleague, Senator Johnson. 

STATEMENT OF HON. TIM JOHNSON, 

U.S. SENATOR FROM SOUTH DAKOTA 

Senator JOHNSON. Thank you, Chairman Dorgan. 

Secretary Salazar, welcome back to the Senate. You are a good 

friend, and I appreciate your coming here today. 

Mr. Secretary, as we move forward with the new Administration, 

I would like to extend an invitation to you to visit South Dakota 

and see first-hand the many issues that face our reservations and 

Indian communities. As you know, five of the seven poorest counties in the U.S. are reservation counties in South Dakota. I look 

forward to working with you and again, want to thank you for your 

testimony today. 

Thank you. 

The CHAIRMAN. Thank you. 

Senator Murkowski. 

STATEMENT OF HON. LISA MURKOWSKI, 

U.S. SENATOR FROM ALASKA 

Senator MURKOWSKI. Thank you, Mr. Chairman. I don’t need to 

hear myself talk, I am here to hear the Secretary speak this morning. I have made the invitation to you to join us in Alaska, so you 

can come and meet some of over 200 federally-recognized tribes in 

Alaska. I know that we will have an opportunity to educate you 

more on some of the particular challenges that we face up north, 

and I look forward to that opportunity. 

But more importantly, more timely this morning, to hear your 

views and comments before the Committee. Thank you. 

The CHAIRMAN. Senator Tester. 

STATEMENT OF HON. JON TESTER, 

U.S. SENATOR FROM MONTANA 

Senator TESTER. Thank you, Mr. Chairman. 

Secretary Salazar, it is good to have you here. I will tell you that 

it is a little odd to call you Secretary Salazar, so it is going to take 

me a second. If I slip a ‘‘Senator’’ in now and then, you will have 

to forgive me. 

The challenges, well, let’s put it this way. Where there are challenges, there is opportunity. There is a lot of opportunity in Indian 

Country right now, because the challenges are great. The list is 

5 

long, the Chairman and Ranking Member went over them. All I 

will say is that I have been somewhat critical of the bureaucracy 

that you are going to be overseeing. And I know that you will be 

able to get good people in good positions and hold them accountable 

for the jobs they do. We have responsibilities here that we need to 

take seriously, and I know you will. It is great to have you here, 

Secretary Salazar. 

The CHAIRMAN. Senator Udall. 

STATEMENT OF HON. TOM UDALL, 

U.S. SENATOR FROM NEW MEXICO 

Senator UDALL. Thank you, Mr. Chairman. 

Secretary Salazar, great to have you here. You are a good friend. 

We served as Attorneys General and I know that you have taken 

an interest in all your public life and native issues. So I look forward to working with you on that. 

Yesterday, the National Congress of American Indians president 

gave a speech on four areas of concern to native communities. I 

think he hit the nail on the head. He is a New Mexican, he is the 

head of our All-Indian Pueblo Council, a gentleman by the name 

of Joe Garcia. And he said first, we need economic development in 

Indian Country, and for the inclusion of Indian Country in the new 

Administration’s economic recovery efforts. 

Second, the need for reauthorization and improvement of the Indian Health Care Improvement Act. Third, high crime rates and a 

dilapidated system of prisons and jails need to be fixed. And fourth, 

a struggling education system with consistently low scores and 

crumbling schools. So you are a part of this new Administration 

and you are part of the new hope for Native Americans and all of 

us look forward to working with you closely to make sure that their 

dreams are fulfilled. 

Thank you very much, Mr. Chairman. I hope to put the rest of 

my statement into the record, because I wanted to keep it to one 

minute, just like you asked. 

The CHAIRMAN. Without objection. 

[The prepared statement of Senator Udall follows:] 

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

Secretary Salazar, I would like to begin by congratulating you on your confirmation to serve in President Obama’s cabinet. I was pleased to support your nomination and look forward to working with you on so many of the issues of great importance to the states out west. Issues that you know well. 

The economic difficulties that all Americans are now being confronted with at this 

time of economic downturn, are merely a glimpse into the stark reality that has 

been the modern history of the Native American Tribes. 

My state of New Mexico is home to almost 200,000 members of 22 different tribes 

and pueblos, all of which are grappling with issues of safety, healthcare, education, 

environmental degradation, economic deprivation, and inadequate infrastructure. 

These needs of New Mexico tribes are replicated across the nation. In his State 

of Tribal Nations address this week, NCAI President Joe Garcia highlighted four 

areas of concern for Native American communities across the country. These included: 

• First, the need for economic development, and for the inclusion of Indian Country in the new administration’s economic recovery efforts. 

• Second, the need for reauthorization and improvement of the Indian Healthcare 

Improvement act. 

6 

• Third, high crime rates and a dilapidated system of prisons and jails in Indian 

Country. 

• And fourth, a struggling education system with consistently low test scores and 

crumbling schools. 

Secretary Salazar, you are part of the new administration and part of a new hope 

for Native Americans. There are many issues I look forward to working with you 

and the President on for Indian Country. Particular to my state are a number of 

tribal water settlements that are making their way through Congress. These settlements have been in ongoing negotiations for a long time and are finally nearing the 

finish line. Once we achieve that, which I am confident we will, it is imperative that 

funding be provided to implement these settlements. 

Another issue of particular relevance to New Mexico is the awful and tragic legacy 

of uranium development in the Navajo and Hopi Nations. Over the last year, the 

Bureau of Indian Affairs and Indian Health Service have worked with me and my 

colleagues in the House to create a five-year plan that addresses this legacy. This 

public health and environmental disaster left a trail of contamination and sickness 

that must be addressed. I look forward to coordinating with you and the other agencies of oversight to move the five-year plan forward. 

But as you well know, there are many issues that affect almost all tribes. As a 

U.S. Senator, you worked hard to address the issue of rampant methamphetamine 

use in Native American Communities. I applaud your efforts on this front, but as 

you no doubt are aware, we need to do more. 

So too do we need to do more to address sexual assault. One in three Native 

American women will experience sexual assault in her life time. This is an atrocity. 

In the next year it is essential that Congress coordinate efforts with you at the Department of Interior to make paths for prevention and ensure proper resources are 

available to police forces, crisis centers, and hospitals. 

Secretary Salazar, there are 526 federally-recognized tribes in this nation. These 

tribes are comprised of vibrant individuals and vibrant communities. You have the 

great opportunity to work with these communities. I look forward to working with 

you to ensure that the federal government is fully embraces its trust responsibility 

and confronts immediate crisis’ as well as years of depredation in Indian Country. 

Thank you. 

The Chairman. Mr. Secretary, thank you for being with us. And 

we would be happy to hear your testimony and then begin some 

questions. You may proceed. 

STATEMENT OF HON. KEN SALAZAR, SECRETARY OF THE 

INTERIOR, U.S. DEPARTMENT OF THE INTERIOR 

Secretary SALAZAR. Thank you very much, Chairman Dorgan, for 

inviting me here. And to Ranking Member Barrasso, thank you for 

both of your kind comments, as well as to all of my, I think you 

will all always be my colleagues. They say once a Senator, always 

a Senator. So Senator Murkowski, Senator Johnson, Senator 

Tester, Senator Udall, you are all my friends and my colleagues. 

I very much look forward to working on the many challenges that 

we do have. 

I think Senator Tester perhaps said it well, when he said there 

is lots of opportunity and places where there are lots of issues and 

lots of problems. Indeed, when we talked about the issues that we 

face with Indian Country and our Native American agenda, there 

are lots of issues there and lots of work to be done. 

I was asked by Chairman Dorgan to come before this Committee 

some time ago, and we were not able to do it before the Senate confirmation process, which I think took place on January 20th. So 

this is my first appearance before a committee in my formal capacity as Secretary of Interior. And I think it is fitting and appropriate 

that I am before this Committee which is a committee that provides such a strong voice for the First Americans of the United 

7 

States of America. So I appreciate the invitation and I look forward 

to the discussion this morning, and more importantly, I look forward to the days, weeks and years ahead where we will confront 

the challenges that we face across this Country with Native American communities, and we will do that together. 

Let me say at the outset that I think one of the things that the 

Committee and Native American communities and leaders around 

this Country should very much understand is that the Nation’s 

First Americans are going to have a place at the table under President Obama’s Administration. He was very clear about that as he 

went around the Country in his campaign. He has been very clear 

about that with me, and we will make sure that issues of Native 

Americans are a high priority within the Obama Administration. It 

is a high commitment by the President. 

Indeed, this last week, the First Lady, Michelle Obama, visited 

the Department of Interior. One of the things she spoke about is 

that there would be a position in the White House that would also 

help us in terms of putting the spotlight on the needs and issues 

of Native American communities. So we will work on it to make 

sure that it happens. 

Let me make five or six points at the outset and then hopefully 

just engage in a conversation with you. I do have a more formal 

statement for the record. 

The CHAIRMAN. Without objection, that will be included in the 

record. 

Secretary SALAZAR. Let me say first, I think that it is important 

for me as Secretary of Interior to make sure that the positions that 

we have in the Department of Interior reflect the face of America. 

I am committed to having a face at the Department of Interior 

from top to bottom that is reflective of the face of America. In that 

context, we are very close, I have selected a person to be the Assistant Secretary for Indian Affairs. The vetting is underway. It is a 

name which is a famed name across Indian Country, who will help 

us in dealing with many of the challenges and issues that we confront. 

But I will not stop with the President’s appointment and Senate’s 

hopeful confirmation of the Assistant Secretary for Indian Affairs. 

It seems to me appropriate and proper that we move forward and 

make sure the Native Americans are also included in other positions. And I do have offers, and we are currently going through the 

vetting process to Native Americans for the position of Solicitor 

General for the Department of Interior. It will be the first time in 

the Department that we have a Native American who will serve as 

Solicitor General for the Department of Interior. 

I also have made an offer to a Native American who will become 

the Commissioner for the Bureau of Reclamation within the Department of Interior. Those are non-traditional positions for Native 

Americans to hold within the Department. But I think the people 

that we have here that we hopefully will get confirmed by this Senate in the next month or two are the kind of 800 pound gorillas 

that you want to work on the major problems that face the Department of Interior. 

So I want to say that at the outset in response to Chairman Dorgan’s longstanding concern about the failure of the last AdministraVerDate Nov 24 2008 11:35 Jun 08, 2009 Jkt 047495 PO 00000 Frm 00011 Fmt 6633 Sfmt 6601 S:\DOCS\47495.TXT JACK PsN: JACKF
8 

tion to fill the Assistant Secretary for Indian Affairs for a period 

of up to four years. 

Let me speak to four issues. They are the issues which I think 

Senator Udall, you spoke about, which I referred to yesterday and 

statements were made by our Native American leaders. First, I understand the importance of economic development. When you have 

reservations that have unemployment rates as high as 80 percent, 

where the per capita income for many of our Indian communities 

is half of what it is for the non-Native communities, it is clear that 

we have some major economic development challenges across Indian Country. I am hopeful that that will be one of those areas that 

we can work on, we can bring about new economic development opportunities for the Indian communities across our State. 

I believe the economic stimulus package, which I know some of 

you on this panel are supporting, some of you have concerns about 

the package, nonetheless, I think when that package comes across 

the finish line, there will be a significant infusion into Indian 

Country that hopefully will help us deal with some of the economic 

development challenges that we face in Indian Country. But I do 

intend to work with my Assistant Secretary of Indian Affairs and 

within the programs of the Department of Interior to put a spotlight on creating economic development opportunities. 

Secondly, energy development. We all know in this Committee, 

and many of you who are here who serve on the Energy Committee, the challenge that we face on this signature issue of the 

21st century. And we will move forward with a very robust agenda 

that will develop a comprehensive energy plan for the Nation. It 

will involve the use of our conventional resources, oil, gas, and coal. 

But it will also move us forward to usher in a new frontier of renewable energy. And as we move forward with that agenda, it is 

going to be very important that that whole agenda is one that is 

fully shared by our Native American communities. Many of our 

best places for the development of wind energy and solar energy, 

for example, are found right in the reservations. And that, coupled 

with the already robust resources that are being developed in many 

of our reservations around the Country create significant economic 

development opportunities for our Indian tribes. 

Third, the issue of education. For me and many of you who know 

my own story, you know that I strongly believe that education is 

the keystone to everything else. My whole family, all eight of us 

in my generation became first generation college graduates, all of 

my siblings became first generation college graduates. I am here 

today as Secretary of Interior in large part because of the educational opportunities that I had. 

I want to provide those same kinds of opportunities to the First 

Americans of our Country. So we will work hard to make sure that 

that happens. We have about 50,000 students in 183 schools in reservations around the Country. We have major problems in those 

schools, including performance in those schools, including dilapidated buildings. Our hope is that we will be able to put significant 

energy behind creating opportunities for the young people who attend those schools. 

Fourth, law enforcement. I understand very much what happens 

with lawlessness in reservations. In my own state, with the MounVerDate Nov 24 2008 11:35 Jun 08, 2009 Jkt 047495 PO 00000 Frm 00012 Fmt 6633 Sfmt 6601 S:\DOCS\47495.TXT JACK PsN: JACKF
9 

tain Utes and the Southern Utes, we have had experiences over the 

last 10 years during the time that I served as Attorney General, 

as well as during the time that I served as United States Senator, 

where we have seen, frankly, the rule of law essentially abandoned, 

especially in one of those reservations. 

So we have brought in resources that have included partnerships 

with the local FBI and local government to address some of the 

shortages that we have with respect to enforcing the law on those 

reservations. There is no reason why we cannot do more. I will be 

working closely to develop a program that focuses in on the law enforcement issues. 

I know from some of my friends in Indian Country, they have 

told me that methamphetamine is the scourge of the Indian reservations across the entire Country. Some have said that, you 

think about the level of usage and the scourge that it is creating 

in the reservation, it is the number one problem on the reservations today. So we need to do a lot more with law enforcement. I 

look forward to working with the tribes, as well as working with 

our law enforcement authorities, both at the Federal, State and 

local level, to see how we can bring about additional resources to 

make sure that the rule of law is upheld. 

And finally, I will comment on the trust status and some of the 

trust issues that have been raised, which have been problematic for 

past Administrations, both Democrats and Republicans. Two of my 

predecessors in the last 12 years have been held in contempt of 

court for the management of the trust assets of the Native Americans under the trust responsibilities of my department. 

The Cobell litigation is an outgrowth of the frustration with the 

management of those assets. We will try in the months ahead to 

see whether we can bring that litigation to conclusion. But as important as that litigation may be, it is also important that we manage the trust assets in an appropriate manner. We will commit the 

energies of the Department to make sure that we get that done. 

So in conclusion, Mr. Chairman and members of the Committee, 

I very much look forward to working with you. I believe that as we 

look at all these challenges we face, we all know that you can’t 

wave a magic wand and all of a sudden the issue will be resolved. 

It is going to take a steady hand and a long-term sustainable commitment to address these issues, whether it is the issue of law enforcement, economic development, health care or the rest of the 

issues we talked about. 

But I am convinced that in partnership with you and in partnership with the tribes of America that we can make a difference, we 

can help change the world. But as we change the world, it is also 

important that we also change the world in a positive way for the 

Native American communities of our Country. 

[The prepared statement of Secretary Salazar follows:] 

PREPARED STATEMENT OF HON. KEN SALAZAR, SECRETARY OF THE INTERIOR, U.S. 

DEPARTMENT OF THE INTERIOR

Thank you, Chairman Dorgan, Vice Chairman Barrasso, and Members of the 

Committee. This is my first hearing since being confirmed as Secretary of the Interior. I am proud that my first hearing as the Secretary of the Interior is about 

America’s First Americans. I am also honored to appear before the Senate Indian 

Affairs Committee to discuss the Department of the Interior’s role for Indian Affairs. 

10 

During his campaign for the Presidency, President Obama spoke out in support 

of empowering Indian people in the development of the national agenda. As President, he recognizes that federally recognized Indian tribes are sovereign, self-governing political entities that enjoy a government-to-government relationship with 

the United States government, as expressly recognized in the U.S. Constitution. I, 

too, am a strong supporter of the principle of tribal self-determination and will work 

to fully enable tribal self-governance. 

As Secretary of the Interior, I will work hard to empower America’s Native American communities by helping address economic development, education, and law enforcement and other major challenges faced in Indian country. 

There are many challenges facing our Native American communities. I believe 

that together, we can create many opportunities for these communities to thrive and 

flourish. I am committed to restoring the integrity of the government-to-government 

relationship with Indian tribes. Together, through consultation and with a spirit of 

mutual respect and understanding, we can address these challenges and can create 

stronger economies and safer Native American communities. 

I am committed to ensuring that the Department of the Interior fulfills the trust 

responsibility of the United States. I will also seek to resolve the unending litigation 

about the management of these lands and assets. I would also like to reiterate my 

commitment to the settlement of Indian water rights claims. 

While there are many important priority issues for Indian country that I will address as Secretary, today I would like to discuss with you more fully four important 

areas for the Nation’s Native American communities: Economic Opportunities, Energy Development and Climate Change, Education, and Law Enforcement. 

Economic Opportunities 

For too long, Native Americans have experienced some of the most severe socioeconomic conditions in the United States. More than a quarter of all Native Americans live in poverty and unemployment rates reach 80 percent on some reservations. 

Real per-capita income of Indians is less than half of the U.S. level. Eight of the 

ten poorest counties in America include Indian reservations. Housing conditions in 

many of these areas are inadequate, and about 14 percent of all reservation families 

have no electricity. 

I believe that the Department of the Interior should be a partner with tribal communities to advance sustainable economic development. A good partnership between 

tribes and departmental programs in key areas will stimulate a much needed economic boost for tribal economies and the national economy. The Department’s capacity to address infrastructure and employment needs through its programs will provide a framework for robust national economic development. Our programmatic outreach will extend from tribal water projects and loan guarantee programs to workforce training and transportation programs. 

In addition, the economic stimulus package will provide much needed economic 

development for Native communities. The bill would provide funds for infrastructure 

and workforce development, and create thousands of jobs. 

Today, approximately half of the 562 federally recognized tribes operate gaming 

facilities. This has created 670,000 jobs nationwide and provided $11 billion to federal and state governments through taxes and other revenue. The vast majority of 

these gaming operations are small enterprises that provide jobs to tribal members. 

Gaming revenues are important tribal resources for funding education, healthcare, 

law enforcement, and other essential tribal government functions. As Secretary of 

the Interior, I will implement the regulatory framework established by the Indian 

Gaming Regulatory Act and promote the government-to-government relationship between tribes and the federal government and continue to work with states and local 

governments on these matters. 

Energy Development and Climate Change 

A defining issue of our time is energy and climate change. We must succeed as 

a Nation to create a new energy frontier. As Secretary of the Interior, I have been 

tasked by President Obama to take a key role in our moon shot to energy independence and addressing climate change. Indian lands can be a rich source of conventional fossil fuels. But they also have major renewable energy potential. One of the 

greatest opportunities for economic development for tribes can be the development 

of alternative energy sources, including solar, wind, and geothermal resources. 

Indian country offers some of the premier wind energy sites in the United States. 

The Office of Indian Energy and Economic Development has identified 77 reservations that possess commercial-scale wind resources and the ability to support viable 

wind-based economies. Forty of these locations are in states that enacted a RenewVerDate Nov 24 2008 11:35 Jun 08, 2009 Jkt 047495 PO 00000 Frm 00014 Fmt 6633 Sfmt 6621 S:\DOCS\47495.TXT JACK PsN: JACKF
11 

able Portfolio Standard requiring utilities to purchase a certain percentage of their 

power from renewable sources. 

Renewable energy projects could also spark creation of thousands of green-collar 

jobs. I look forward to exploring with our Native partners the potential for wind, 

geothermal, biomass and solar energy development that exists on those lands. 

Education 

A key to success for the Nation’s First Americans is a high-quality education. The 

Department of the Interior is responsible for 183 elementary and secondary schools 

and dormitories as well as two Bureau-operated post-secondary institutions. Our 

school systems serve approximately 47,000 students on or near 63 reservations in 

23 states. 

Tribes today are struggling to preserve their native languages. We will be examining ways to preserve those languages through the Indian education system. We 

must also examine the No Child Left Behind Act and its implementation and the 

issues it has raised in Indian schools. I agree with President Obama and Vice President Biden that our children and our country need a vision for a 21st century education in Indian schools. This begins by demanding more reform and accountability 

and asking parents to take responsibility for their children’s success. An example 

of this is the Family and Child Education (FACE) program, administered by the Bureau of Indian Education, which provides funding for Indian students and their families and prepares children for Indian education opportunities through early childhood education. Participation of children in the FACE program reduces the need for 

school-age special education by 50 percent. Additionally, this vision includes recruiting, retaining, and rewarding teachers who teach in Bureau of Indian Education 

schools. I will work on implementing the President’s plan to restore the promise of 

America’s public education, and ensure that American Indian children are provided 

the opportunity to lead the world in creativity and success. 

Law Enforcement 

Finally, I want to fight crime in Indian country. As Colorado’s Attorney General, 

I led efforts to make communities safer, fight crime, prosecute gangs, and address 

youth and family violence. These same problems plague Indian country. The crime 

rates on most reservations are unacceptably high. I will use my law enforcement 

experience to work with the kinds of partnerships that will help bring about safer 

communities, which in turn create stronger communities. 

The United States, through the Bureau of Indian Affairs, Office of Justice Services, and tribal programs, provides public safety and judicial services to Indian 

tribes and their communities. The Department provides either directly or through 

Indian Self-Determination and Self-Governance contracts and compacts basic law 

enforcement services; local court services; detention and corrections programs; and 

professional training related to policing, detention and judicial services. 

As Secretary, I plan to address several key issues relating to law enforcement in 

Indian country. Violent crime in Indian country must be aggressively confronted and 

we will continue to work with Tribes and the Department of Justice in this regard. 

We will continue to aggressively attack methamphetamine trafficking and abuse in 

Indian communities. In a 2006 survey, 74 percent of tribal law enforcement officials 

reported methamphetamine to be the leading threat to their tribes. The dramatic 

increase in the use of this drug has brought with it increases in domestic violence, 

child neglect, crimes against women, and weapons charges. I also plan to address 

the serious declining conditions of detention facilities in Indian country as well as 

staffing needs for those facilities. And finally, I want to work on strengthening tribal 

court systems. 

Safer communities mean stronger communities. We must continue to work together, the federal government, States, and tribes, to ensure the safety and security 

of our First Americans. It is a responsibility that I take very seriously. 

Conclusion 

Thank you for the opportunity to share my views on some of the critical Native 

American issues with the Committee. I look forward to working with you. Thank 

you. 

The Chairman. Mr. Secretary, thank you very much for your 

comments and your thoughts. 

Let me begin by saying, I don’t intend to tarnish the Bureau of 

Indian Affairs completely, but I do have great difficulty with the 

BIA. I think it is unbelievably bureaucratic, very difficult to move 

12 

on things. I won’t give you all the evidence of that, but I hope you 

will tip that agency upside down, shake it and then set it back upright to see if we can rearrange it and make it work. Part of that, 

of course, is selecting the right Assistant Secretary, getting somebody in place. 

Again, I know there are some wonderful people that work in the 

BIA. But I could tell you stories that would just make you furious 

about the lack of things getting done over there. It is just big, bureaucratic and not very workable. 

I am going to put a chart I think that shows oil development. 

This happens to be something I am working on, and by the way, 

thanks to George Skibine and some others, we made some 

progress. But oil development, you will see in the middle there, the 

Indian reservation is the gray. All the other marks there, the yellow and green, that is all oil wells that have been dug in the 

Bakken Shale, the biggest oil play in America. 

You will see there are oil wells drilled north, west, and south. 

The problem is that big old blank space in the middle; they are not 

drilling many wells. Why? Because there is a 49-step process to get 

a permit. You have four different groups in the Interior Department that have to sign off: BIA, Minerals Management, BLM, Office of Special Trustee. The result is, all this oil development is 

going on, and the place where it is most needed and where oil exists under that ground is not happening very much. 

Now, we have made some progress. I have been pushing in recent months, we finally have made some progress on the virtual 

process and so on. And I appreciate that. But I tell you this only 

to say that in the absence of somebody saying, look, there is something massively wrong here, you have a 49-step process with four 

agencies. 

It is just such an apt description of what is wrong. I was at an 

Indian reservation some while ago. They showed me a building 

that had been built, a beautiful building, I think it was three or 

four stories, maybe three stories high. Completely vacant. I said, 

why are there no tenants? They said, well, we have been waiting 

for the BIA to sign the lease. I said, how long have you been waiting for the BIA to sign the lease? Well, about a year, year and a 

half. Paper is in, just didn’t get it done. So that big old building 

on the reservation sits empty. 

Well, enough about that. It is going to require effective, strong 

leadership to change a culture, in my judgment, in the BIA. You 

have described someone that you are vetting for Assistant Secretary. I understand that you are confident this is a person who 

can do that job. You are right that three of the last four years it 

has been vacant. And you feel, let me let you say it again, you feel 

confident you are on the trail of the right person to lead the BIA? 

Secretary SALAZAR. Let me just say that I have been serving as 

Secretary of Interior only since the 21st of January. At this point, 

I am the only person confirmed by the U.S. Senate to run the Department of interior. It is a big department with many bureaus and 

many agencies, 67,000 employees. There is a lot of work to be done. 

So we are spending a lot of time getting our team together. But we 

are searching for the best talent in the United States of America. 

I am confident that the talent we will be able to bring in will be 

13 

able to provide the kind of organizational changes that you allude 

to. 

The 49-step process that you allude to is, I think, absolutely 

abysmal. It is something that needs to be fixed. We will give it a 

high priority. Laura Davis, who is not subject to Senate confirmation and is an Associate Secretary already, is working on trying to 

move forward to address a particular issue with respect to the permitting delays on the reservation that you spoke about, Senator 

Dorgan. 

So we are on the case. I recognize that one of the realities that 

we have to do is take a look at what we have inherited and try to 

make changes to make it work better. 

The issues of Native Americans are not to be partisan issues, 

they are not to be Democrat or Republican issues. But there is a 

fact that without an Assistant Secretary of Indian Affairs in place 

for the last three or four years, many of these issues have simply 

not been addressed. So we will be addressing them, especially as 

we get our feet on the ground and start getting our management 

team in place. 

The CHAIRMAN. The Economic Recovery act will almost certainly 

pass the Congress by week’s end. That has about, I believe $2.8 billion of funding for a range of issues on Indian reservations. It deals 

particularly with construction projects, detention facilities, and a 

range of issues that will put people to work and also construct 

some long-delayed projects. I assume that you are working with 

your staff in order to be able to implement that and put the money 

out in a way that puts people to work and begins to address some 

of those needs? 

Secretary SALAZAR. We are indeed. From our point of view, the 

infusion of the economic stimulus money is about creating jobs. But 

beyond creating jobs, it is about creating some sustainability on 

some of these issues that confront us, whether it is in the world 

of the Native American community or whether it is other issues. 

So we are working hard on it. We are very aware of the opportunity that is presented to us. And it is for that reason that even 

yesterday I was probably having 10 conversations with different 

people about helping us get the team in place. Because it is difficult, frankly, to move forward with a program that is as robust 

as the one we have in the Economic Recovery Program when we 

need to have people to make sure that we can implement in a quick 

fashion the opportunity that is presented to us. 

The CHAIRMAN. Mr. Secretary, we are going to be doing some listening sessions around the Country with tribal leaders and tribal 

members. We are also going to do some tours of some Indian reservations and we hope perhaps to invite you on a tour some place 

down the line, to join some members of this Committee to go out 

and tour some reservations and meet with some tribal members. 

I also want to make a point that we are going to continue to 

make Indian health care and the Indian Health Care Improvement 

Act a significant priority of this Committee. That is over in Health 

and Human Services with respect to the Federal agency. 

But the other piece that we are working on, and we began in the 

last session, is this law enforcement piece. We have such serious 

problems in law enforcement across the Country. On the Standing 

14 

Rock Indian Reservation, we have violent crime that is five times 

the rate of the national average. It has nine full-time police officers 

that are supposed to patrol an area the size of Connecticut. 

So an urgent call that comes in to law enforcement from someone 

who has just been raped or the victim of violent crime, they might 

have the law enforcement folks show up 10 hours later, 12 hours 

later, maybe the next day. It is a very serious problem, and we are 

taking it seriously. We have put together a piece of legislation that 

is bipartisan. We had 12 colleagues sign on. We want to work carefully with you and your organization, and the BIA, because we 

have to fix it. It requires some resources, but it also requires some 

reorganization as well. I wanted to just mention that to you. 

The key, I think, is for all of us to work together as you assume 

the reins at Interior and we try to focus on some of these critical 

issues. 

I do want to mention that we have been joined by Senator 

Johanns. We welcome you to the Committee, and we are pleased 

you are here. We load this Committee with folks from the northern 

Great Plains, as you know, who have a very significant interest in 

these issues. 

Let me call on the Vice Chairman. 

Senator BARRASSO. Thank you very much, Mr. Chairman. 

Thank you, Mr. Secretary. I appreciated your comments. I am delighted that you are currently vetting someone for Assistant Secretary of the Bureau of Indian Affairs, a position that was too long 

vacant. I am delighted to hear your comments about the importance of economic development, energy development, education, law 

enforcement, one right after another. I want to echo so many of the 

comments by Chairman Dorgan. We are going to address issues 

with Indian health. I am looking forward to working with him. 

Like all the members of this Committee, I have experience within our own State of concerns. On the Wind River Reservation there 

is an irrigation system. The GAO reported in 2006 that there was 

over $84 million in deferred maintenance. Congress appropriated 

$3 million for this in fiscal year 2006 and 2007. The State of Wyoming, and I was in the State legislature, provided a matching 

amount, another $3 million for repairs. 

There still appear to be delays and difficulties in spending drawdowns from the BIA for the project repair and maintenance. I will 

ask you or your staff to look into this and ensure that the Department will cooperate and coordinate better with the Eastern Shoshone and Northern Arapaho Tribes to complete the irrigation 

project repairs in a timely manner for money that has already been 

appropriated. So if I could ask you to look into that, Mr. Secretary, 

I would appreciate it. 

We talked about law enforcement, and we talked about education. And you mentioned your own family experience, which is 

the same as my own in terms of how important education was. Safe 

schools to me is the key. That plays into both the issue of education 

as well as into the issue of law enforcement. The Wind River Reservation in Wyoming is almost the size of the State of Connecticut. 

We have two officers in an area that size. So it can be 12 hours 

or the next day until someone can respond to a law enforcement 

problem. 

15 

So I would ask that you also try to address the issue of school 

safety as part of both education as well as law enforcement. I don’t 

know if you have any thoughts on that, or how you want to pursue 

these issues in a timely manner, Mr. Secretary. 

Secretary SALAZAR. Senator Barrasso, I appreciate the question. 

Let me just say, on school safety, obviously, I was the Attorney 

General on April 20, 1999, when the bloodiest school shooting in 

America took place right in my State. So I have spent a lot of my 

time in public service actually working on trying to create safe 

schools, and have ideas about how we can take the blueprints of 

the kinds of plans that have been created at the University of Colorado for school violence prevention and the like. So we will look at 

that in connection with the creation of safe schools. 

On the Wind River Reservation and the water project, let me 

take a look at that and have my staff look into that and see where 

we are and where we might be helpful. 

If I may, just reverting back, Senator Dorgan raised two issues 

on health care and law enforcement. Your eloquent speeches last 

year will never be forgotten by me as I sat in the chair and I heard 

you describe the reality of the dismal health care conditions in Indian Country. And though it is not my department, there is a role 

I will play there, and indeed, even last week have talked to members of the House of Representatives about the importance of that 

particular legislation. 

On law enforcement, I think that the experience that I bring 

from law enforcement, as well as the experience that my chief of 

staff, Tom Strickland, will bring to the law enforcement issues. He 

will be very helpful. Tom Strickland served as United states Attorney for Colorado. He knows these issues in terms of the partnerships that need to be brought together. So it will be a high, high 

priority for my Administration to deal with the law enforcement 

issues that both of you mentioned. 

Senator BARRASSO. Thank you, Mr. Secretary. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Senator Tester. 

Senator TESTER. Thank you, Mr. Chairman. 

I want to tell you what a pleasure it is to have you here today, 

Secretary Salazar. There are tons of issues out there, the Chairman and Ranking Member have delineated them pretty well. I am 

just going to touch on a couple that are pretty big from my perspective. 

One of them is Indian water settlements. We have got two authorized in the State of Montana, I think there are four others in 

the Country that are pending here in Congress. I just wanted to 

know your perspective on those water settlements. I know your 

focus right now, it is kind of unfair, your focus right now is building a team, and I appreciate that. I really think that is critically 

important. 

But as you look out, where do you see these water settlements, 

as far as the completion of them? Basically what I am going to ask 

you in the end is, is the Department going to take an active role 

in trying to help us get these water settlements through? 

Secretary SALAZAR. Senator Tester, I thank you for your friendship and your guidance on so many issues, including this issue. We 

16 

will recognize there are four, five, perhaps six settlements that are 

in the offing, some of which have been introduced in the prior Congress. And they will be of high priority for me. There may have 

been other Secretaries of Interior, but I have worked on many of 

these settlements myself, including the one that resulted in the Indian water rights settlements in Colorado. Colorado stands, I 

think, almost alone as a State where we don’t have any issues with 

our Native American tribes, because we were able to resolve these 

settlements. I know they were complex and difficult and expensive. 

But some of them have dragged on for too long, decade after decade 

after decade without any resolution. 

So when you get to the point where you have the dynamics of 

the possibility of settlement, I think it is important for there to be 

leadership, including the leadership of the Secretary of Interior, to 

try to get it across the finish line. So we will pay attention to them. 

We will make sure that we have them prioritized. In fact, last 

night, I was having conversations about someone who might be a 

special counsel just on Indian water rights settlements that will 

work within the Secretary’s office. So it is high on our radar screen. 

Senator TESTER. Thank you very much. The tribal recognition 

process is an issue that, it needs improvement from my perspective. Let me give you an example. We have a band of Indians in 

Montana called the Little Shell that actually started in 1978 trying 

to get recognition, shortly after the bill was passed to allow the 

process for a tribe to achieve recognition. Over the last 31 years, 

they have had information requested of them which I think is appropriate, but it has gone on and on and on. Actually, it was about 

a month or two ago I thought maybe we were going to finally get 

a decision, and it has been delayed for another six months. 

I think the Chairman has said before, and I agree with him, I 

would like to see the process work. I don’t really want to see Congress have to intervene for recognition of tribes. But the truth is, 

from my perspective, it shouldn’t take 31 years for a tribe to get 

recognition. And all I am asking for is an answer, yes or no, do you 

think there are things you can do to speed up this process of tribal 

recognition to make sure that, number one, the information, when 

they get the information, I don’t know why it is continually put off, 

I don’t, but they can ultimately come to a conclusion or make a decision? What is your perspective on the tribal recognition process 

and how do you see it moving forward under your leadership? 

Secretary SALAZAR. Senator Tester, I think that when one has to 

wait for a process that lasts 31 years to get an answer, that it is 

too long. So I think this is an area which needs examination to determine what it is that we can do to try to improve it. It is a complicated issue, it is not a simple issue in terms of tribal recognition 

and the legal implications that result from that kind of recognition. 

But there is no reason why we should have a process that essentially just ends in an endless road year after year after year. So 

we will take a look at the process and see if there are ways in 

which we can improve upon it. 

Senator TESTER. Thank you. One other thing, and like I said, 

when I first got to this Committee, when I first got this appointment, I met with a group, and I said, what are the issues. They 

started laying out the issues and finally, after about 10 minutes, 

17 

I said, stop. We have to prioritize, because you have too much stuff. 

And that is kind of the way this Committee meeting could be. 

There are so many issues out there, as you know full well, that we 

could literally spend all day talking about the challenges in Indian 

Country. 

I do want to talk about the first thing that you talked about as 

you referred to Senator Udall’s statement on economic development 

and how critically important it is that we get the unemployment 

rate down and we get the business community cooking in Indian 

Country. 

What role do you see tribal colleges playing in the economic future of Indian Country? 

Secretary SALAZAR. I think tribal colleges, Senator Tester, are 

very important in terms of creating the kind of educated workforce 

that is needed to bring about that kind of economic development. 

And I do think that many of the problems that we see on the reservations beyond the high unemployment rate, the dropout rates, 

the issues with law enforcement, the high crime rates on the reservation, are frankly rooted in the economic condition in those reservations. 

So I think the more we can do for education, the more we will 

then be able to change about the economic realities that are faced 

by First Americans across this Country. So I recognize the nexus 

that is there. 

Senator TESTER. Well, I appreciate that. I think I will just close 

with this. Before you were confirmed to this position, I made an 

offer for you to come to Montana. That offer is still there. And we 

can take a look at both what is going on in Indian Country and 

some things that the Department of Interior has specific oversight 

of. We look forward to making that happen. Thank you. 

Secretary SALAZAR. Thank you, Senator Tester. 

If I may, Chairman Dorgan, one of the realities of this Department that I have frankly discovered in the first few weeks that I 

have been there is that there is a perception that this is a department only of the west. It is not a department only of the west, it 

is a department of all of America. When you think about the reach 

of this Department, it is from sea to shining sea and out beyond 

the seas, because of the continental shelf and the 1.75 billion acres 

that are there. The Native American communities have a presence, 

frankly, all across the Country, and they have different kinds of 

issues, depending on whether they are from the High Plains or the 

eastern coasts and the like. 

So one of the things that I actually find very interesting and very 

challenging is trying to get around to the different places where the 

responsibilities of the Department are frankly at stake and are on 

display. Certainly whether it is Montana or North Dakota or South 

Dakota, I can think of lots of different things from Native American issues to water projects to national park issues to a whole host 

of other things that are important to your State. 

So I hope to be able to spend as much time as I can coming out 

to your respective States and joining Chairman Dorgan. Also perhaps I was thinking in North Dakota, maybe a trip out to a reservation, but also to see some of the energy projects that you and 

I have talked about, as well as some of the water projects. So it 

18 

would become a matter of timing and scheduling, because there is 

also the reality, I have to spend some time at work and getting the 

job done. But I will try to do as much as I can. 

The CHAIRMAN. Before I call on Senator Johanns, let me make 

a point on this issue of tribal recognition. I went through a list of 

things we are going to work on, health care, law enforcement, housing, education and so on. And in education, tribal colleges, as my 

colleagues have mentioned. 

This issue of tribal recognition is enormously troubling to me, because I don’t want the Congress or this Committee to be the arbiter 

of who should be recognized and who shouldn’t be recognized. That 

is a job that should be done by the Interior Department through 

a process that we have described in law and for which you have 

written some regulations in the Interior Department. 

But my colleague from Montana is absolutely correct, Mr. 

Skibine knows that we have complained about this for a long while, 

the system isn’t working. We really do have, in many cases, 20, 30 

or longer years in which tribes file petitions and never quite get an 

answer, and it gets delayed and delayed and delayed. It is just not 

working. Perhaps on your watch, we can make this system work, 

so that we have a recognition system at the agency that will actually function and get a final resolution of these issues. 

We have the Lumbee Tribe, some Virginia tribes, Little Shell, we 

have a good number of tribes that have come to the Congress saying, we want you to pass legislation giving us recognition. I would 

much prefer that that be done in Interior. Lumbee has a separate 

issue, because they are prevented from going through this process 

in Interior. 

But we want to work with you on that. I know my colleague from 

Montana feels that way. We really want to figure out how, determine how we can help you fix this process. In the meantime, we 

are going to have some hearings in an effort to work with these 

tribes to determine how long has it been, what has been the problem with their petitions and do we have to move or do we wait for 

the process. 

So I just wanted to say that, because I think it is very important. 

Many of them have been waiting a long time, and many have died 

while the petitions have been in front of the Interior Department. 

Senator Johanns. 

STATEMENT OF HON. MIKE JOHANNS, 

U.S. SENATOR FROM NEBRASKA 

Senator JOHANNS. Thank you, Mr. Chairman. 

Let me start out, if I could, Mr. Secretary, and speak in reference 

to what the Chairman was talking about, relative to energy and exploration. I thought that map was very telling. This is my first 

hearing, so I thought it probably would not be appropriate for me 

to stand up and cheer or yell amen. 

But the Chairman is right, this takes too long. And a process 

that has that many steps, I will be very honest, I am not sure why 

people bother with it. Because it has to be so impossibly cumbersome. 

19 

So I lend my bipartisan voice here in saying, this is something 

that really needs some attention. You will get strong applause on 

this Committee if you can tackle this one. 

Another thing that I just wanted to offer as a suggestion, because 

it worked very, very well for me as a governor. I would have an 

annual tribal summit, and we would work on an agenda and really 

put some time and effort into it. I don’t know if you can do that 

on a national basis, but one of the things I would encourage is to 

go out to the States and maybe have a tribal summit in a few 

states each year, where you can really zero in on those tribes and 

what their issues are. I think listening is always a very good thing, 

and they will be very excited to have you there listening. 

Now if I might zero in on a couple of things here, health care. 

I will never forget visiting a reservation in Nebraska as governor, 

and I visited a dialysis center. It was very, very nice. It had just 

opened, and it was doing exactly what people hoped it would do. 

But as we talked about the need for that center, and I am drawing 

on memory here, but I think I was told that 40 percent of the adult 

population on that reservation had diabetes. It is just an enormously serious health condition, as you know. There are just so 

many things that happen to a person’s health if they have diabetes, 

none of them good. 

I would really ask you for your thoughts on this and how we 

might develop maybe even some kind of focused effort here to deal 

with this. Because it is not only treating diabetes, it is what gets 

us to that. Is it diet? Is it alcohol abuse? What is it and how do 

we get in front of this? Because this is a plague upon Indian Country. And if we don’t deal with this, it is hard for me to imagine 

these other issues that we are concerned about work very well. 

Your thoughts on that, Mr. Secretary? 

Secretary SALAZAR. First, Senator Johanns, let me congratulate 

you on your election, and now your service in the U.S. Senate. I 

was thinking that the last time that you and I had a conversation, 

I was up there and you were down here. 

[Laughter.] 

Senator JOHANNS. Let me say the view is better from here. 

[Laughter.] 

Secretary SALAZAR. There is life after being a Secretary, see. But 

I am very excited about the current position that I have. Congratulations to you. 

Let me just say, your concept of an annual summit, that may 

make some sense for us. Let me try to figure out whether that is 

something that we can in fact do. It probably would be more effective, frankly, if we did that together. We might do that with this 

Committee and others that are involved. 

That leads me a little bit to the issue of health care. There are 

some aspects of health care that we can work on within the Department of Interior, but most of that is over in HHS. And so how 

we work on this panoply of issue is going to require a commitment 

on the part of the entire Administration to deal with these issues. 

President Obama is committed to making sure that we change the 

conditions in Indian Country, all across the Country. 

So I am certain that whoever it is that becomes the Cabinet Secretary for HHS will have this as a high priority. 

20 

I think the issue of diabetes in the Native American communities 

is frankly only more stark than it is with the rest of the Nation, 

and the problems we have with health care. How we move forward 

with health care reform, especially in the area of prevention, is 

something that is very important. I have seen relatives of mine, 

frankly, die from diabetes conditions. There are things that can be 

done early on in life to try to prevent all the health problems that 

are associated with that particular condition. 

So it will be something that will be on my radar screen. It will 

be something that I will work on with my fellow Cabinet members 

and with President Obama to try to address in the great program 

that we need to move forward to deal with the health care crisis 

that we have in this Country. 

And like with all other problems that we are facing in America 

today, when you look at Indian Country, the problems there are 

simply exacerbated over what we see with non-Native American 

communties. 

Senator JOHANNS. A final thought I just wanted to offer, and it 

is really not a question, but it is a final thought. And I think you 

touched on it, and it is very good. The inter-relationship between 

the departments is so hugely important. I must admit, as a Cabinet 

member, it took me a while to figure that out. But once we figured 

it out and started pooling our resources and our talent, et cetera, 

things just went a lot better. It did seem like you could kind of get 

through some of the red tape. I just think anything you can do to 

work with the Ag Department, Health and Human Services, will 

pay big dividends. And the sooner you start that, the more opportunity you have. 

So I think those things are just enormously helpful and very 

positive. And I would encourage you to do that. 

Secretary SALAZAR. Thank you very much. 

Senator JOHANNS. And congratulations to you. I was excited by 

your nomination. I think you are the right person for the job, and 

I will wrap up by saying, you do have some challenges. But I wish 

you the best, and if I can help, let me know. 

Secretary SALAZAR. Thank you very much, Senator. 

The CHAIRMAN. Mr. Secretary, it is probably safe to say this will 

be the easiest hearing you will have attended as Secretary when 

you finish your service as Secretary. I think most of us are pleased 

that you are there and wish you well. 

Senator Johanns has talked about the diabetes issue. I wanted 

to mention that it is a scourge, and imposes such a heavy cost and 

heavy burden on the Indian population in this Country. We do 

have a special diabetes program, as you know, but that is, in many 

ways, complicated. We have that, I believe, funded through Labor 

HHS, in the appropriations process here. We have the Indian 

Health Service funded through the Interior appropriations process, 

despite the fact that the Indian Health Service is over in Health 

and Human Services. 

So we need to find a way to see if we can bring this, establish 

some order here and how we consider these issues. As soon as we 

have people in place and nominated and confirmed, we will have 

Indian health folks in front of us and hopefully the Secretary of 

Health and Human Services as well to talk about Indian health. 

21 

As you know, we have our own special diabetes program focused 

on reservations. It has to gain a lot of our attention and focus because it imposes such a huge burden. Many, many years ago, when 

my colleague, the late Mickey Leland from Texas, served with me 

in the House, we went along with Congressman Penney from Minnesota to do a hearing out on a reservation on diabetes. And it was 

a pretty unbelievable hearing. On that reservation, I believe the 

rate of diabetes was not double, triple or quadruple the national 

average, it was ten times the national average. It is just a devastating impact on the population in Indian Country. 

So my colleague from Nebraska is absolutely right. We want to 

make that a priority in our Indian health care considerations. 

Let me complete this hearing as I started it. It is not easy to get 

your arms around the Bureau of Indian Affairs, just because it is 

a big old bureaucracy. Probably there are some good people working there. But there are other people who, I think, view themselves 

as human brake pads and try to slow everything down and stop it 

if they can. So we need to make that agency an agency that all of 

us can be proud of, that is on the front end of making things happen, making good things happen to address the significant problems that exist in Indian Country. All of us know that they were 

here to greet any one of our ancestors who showed up, they were 

the First Americans. And I have often said the First Americans 

should not have second class health care or second class education 

or second class housing. We need to work on these issues, because 

we have made commitments and solemn promises and have a trust 

responsibility that we have not yet met. 

I was so pleased when your nomination was announced, because 

I know your background and have served with you and know your 

acquaintance with these issues. You don’t come to this job not having had an acquaintance with all of these issues affecting Native 

Americans. I know that from your service here in the Senate and 

also from your service in Colorado. 

So I appreciate the work that I know you will do to coordinate 

with this Committee on so many issues and we appreciate your attendance here today. 

Secretary SALAZAR. If I may, Chairman Dorgan, let me also say 

that I am the first to recognize that I have a lot to learn about 

these issues. When I look at the collective wisdom that you bring, 

along with the rest of the members of the Committee and the staff 

of this Committee, we need your help. You know what the issues 

are and you have spoken to them so eloquently over the years. Ultimately, we will be able to succeed in dealing with these issues, 

from health care to law enforcement to education, to economic development, to trust responsibilities, frankly, if we have the working 

relationship where we are able to steal your ideas and learn from 

you as we move forward. 

So I very much look forward to working with you. 

The CHAIRMAN. Well, that is very well stated. This is not some 

mysterious illness for which we don’t know a cure. We know the 

issues out there, we know how to address them and deal with them 

if we commit the resources and our time and our dedication. I 

thank you for serving as Interior Secretary. 

This hearing is adjourned. 

22 

[Whereupon, at 10:30 a.m., the Committee was adjourned.] 

(23) 

1These are the Energy Policy Act of 2005 (Pub.L. 109–58) and the Energy Independence and 

Security Act of 2007 (Pub.L. 110–240). Both statutes contain provisions favorable to Indian tribal energy development and environmental management. 

A P P E N D I X 

PREPARED STATEMENT OF HON. CHRIS DEVERS, CHAIRMAN, PAUMA BAND OF MISSION

INDIANS; CHAIRMAN, COUNCIL OF ENERGY RESOURCE TRIBES

Introduction 

Good morning Chairman Dorgan, Vice Chairman Barrasso, and distinguished 

members of the Committee on Indian Affairs. On behalf of CERT’s 57 member Indian tribes, I want to thank you for holding today’s hearing to receive the views of 

Secretary Ken Salazar on matters related to Indian affairs and policies. 

My name is Chris Devers and I am Chairman of the Pauma Band of Mission Indians in California and also Chairman of the Council of Energy Resource Tribes 

(CERT) which has its headquarters in Denver, CO. 

I would like to congratulate Secretary Salazar on his confirmation by the U.S. 

Senate and pledge to him CERT’s good will and strong desire to work together on 

the many challenges we will confront together in the coming years. I am pleased 

to submit the following statement regarding energy development, environmental 

stewardship, job creation, and trust management in Indian country. 

CERT was founded in 1975 by American Indian tribal leaders when our country 

was in the midst of what was then known as the ‘‘Arab Oil Embargo.’’ The embargo 

was put in place by the Organization of Petroleum Exporting Countries in response 

to America’s support for Israel in the 1973 Arab-Israeli War. Many of us remember 

that the embargo caught America flat-footed and resulted in higher prices for heating oil and gas rationing that created long lines at the gas stations. 

Back then, our national leaders promised that we would ‘‘end our dependence on 

foreign oil’’ and return America to a position of unquestioned strength in the world. 

Well, here we are nearly 40 years later and our dependence on imported oil and 

even natural gas has grown much worse. Historical context is important because 

CERT’s mission is to support its member Indian tribes in the development of their 

management capabilities and the use of their energy resources to build sustainable 

economies and strong political institutions. 

The Department of the Interior (DoI) is integral to the success of our member 

tribes and indeed Indian tribes across the country. President Obama has made clear 

that when it comes to meeting the energy needs of America, his Administration will 

pursue an ‘‘all of the above’’ approach to include renewable and non-renewable energy sources. I wish to make clear to the Committee that CERT is in agreement 

with this approach and that American Indian energy is American energy and when 

it comes to meeting our energy needs and related job creation, we should stress the 

development of our domestic supplies. 

The Potential of American Indian Energy 

American Indian energy holds enormous potential to create thousands of goodpaying jobs, generate significant revenues, and aid in the development of tribal 

economies as well as help satisfy the American economy’s need for a reliable energy 

supply. Three factors contribute to this scenario: 

1. The enormous tradition energy reserves such as oil, gas, and coal, and the 

promise of renewable resources owned by Indian tribes; 

2. The pricing environment for energy products; and 

3. The enactment by Congress in 2005 and 2007 of classically liberal, pro-production energy policies. 1

One merely witness the phenomenal success of the Southern Ute Indian Tribe in 

southwest Colorado, the Ute Tribe of the Uintah and Ouray Reservation in northeast Utah, and the Osage Nation in eastern Oklahoma to understand that American 

24 

Indian energy resources, prudently managed, can transform Indian economies and 

assist tribes in achieving real and lasting self-determination. 

Indian Tribal Energy Resources and the Pricing Environment 

American Indian tribes in the lower 48 states—especially those in the Rocky 

Mountain west—own an enormous amount of energy resources. With the current 

Federal restrictions on exploring for energy in the Great Lakes, the eastern portion 

of the Gulf of Mexico, the California coastline, and the Alaska National Wildlife Refuge (ANWR), Indian tribal resources and lands in the Rocky Mountain West present 

one of the most significant opportunities for domestic production in the United 

States. 

In what is now a dated analysis, in 2001 the U.S. Department of the Interior 

(DoI) estimated the total dollar value of energy produced from Indian tribal lands 

for the period 1934–2001 to be $34 billion. These revenues derived from 743 million 

tons of coal, 6.5 billion cubic feet of natural gas, and 1.6 million barrels of oil. In 

terms of undeveloped reserves and undiscovered resources, the DoI projected that 

Indian tribal lands could prospectively generate $875 billion, derived from 53 billion 

tons of coal, 37 billion cubic feet of natural gas, and 5.3 million barrels of oil. These 

projections were made in 2001 and in the intervening 7 years, the price of energy 

products has increased significantly so that, currently, the likely revenue projection 

would be nearly $1.5 trillion. 

The New Energy Laws of 2005 and 2007 

On August 8, 2005, President Bush signed into law the Energy Policy Act of 2005 

(Pub.L. 109–58) which included as Title V the Indian Tribal Energy Development 

and Self Determination Act. The new law authorizes a variety of Federal technical 

and financial assistance to participating Indian tribes and seeks to reduce administrative obstacles at the Federal level to encourage greater levels of energy development on tribal lands. 

Unlike some congressional enactments, the new Indian tribal energy law does not 

discriminate in terms of renewable versus non-renewable resources. Instead, the law 

leaves the decisions over whether and how to develop tribal energy resources to the 

Indian tribe and the energy markets. The centerpiece of the new law is the authority provided to the Secretary of the Interior to negotiate and enter agreements 

(‘‘Tribal Energy Resource Agreements’’) with willing tribes that would govern energy 

and related environmental activities on tribal lands. 

Final regulations to implement the Tribal Energy Resource Agreements (TERA) 

authority were issued in 2007 and the Department’s Office of Indian Energy and 

Economic Development (OIEED) is now poised to work with interested tribes to negotiate what are essentially bi-lateral agreements between the Department and the 

tribes. CERT urges the Secretary to ensure that the TERA process continues, that 

Indian tribes are apprised of their options under the new law, and that the OIEED 

and the tribes have the funding they need to ensure the success of the new energy 

law. 

Similarly, in 2007, Congress enacted and the President signed the Energy Independence and Security Act (‘‘EISA’’, Pub.L. 110–140) which contains significant opportunities for tribes and tribal colleges to receive research, development, and production grants related to renewable and alternative energy development. The Act 

authorizes billions of dollars for these purposes and is the most significant energy 

research law to be enacted in years. 

Energy Project Development is Key 

The new energy laws were signed into law in 2005 and 2007 and the regulations 

to implement them are now in effect. For the past four fiscal years, the Congress 

has appropriated funds for the OIEED and the Department of Energy’s Office of Indian Policy and Programs, both of which are charged with administering the new 

laws. These offices have been very active and responsive to the potential for Indian 

tribal energy and have assisted Indian tribes that seek to develop their energy resources. CERT’s perspective on all of these developments is that the next steps involve Indian tribes inventorying their energy resources, identifying potential projects, and 

working with energy and financial partners to bring these projects to completion. 

The Department can and should play a vigorous role in assisting tribes in these efforts. 

The tribal energy programs carried out by the OIEED are administered in the 

Minerals and Mining account within the BIA’s Trust-Natural Resources Management budget activity. For FY 2009, this account will receive a total of $2 million: 

$1.4 million is for grants to tribes, and $600,000 for the OIEED to consult with Indian tribes and begin the TERA review process. To launch energy projects in earVerDate Nov 24 2008 11:35 Jun 08, 2009 Jkt 047495 PO 00000 Frm 00028 Fmt 6601 Sfmt 6621 S:\DOCS\47495.TXT JACK PsN: JACKF
25 

nest, CERT believes increases of $1 million for grants to Indian tribes and $500,000 

for TERA implementation are justified. 

The OIEED also manages the Indian Guaranteed Loan Program which guarantees loans made by private financial institutions for a wide variety of tribal economic activities including energy development. 

The Indian Guaranteed Loan Program is among the most flexible and efficient 

tools to encourage tribal economic development, including energy development. The 

BIA provides approximately 50 new loans annually under the program. Existing 

loans range from $250,000 to $18 million. Every dollar appropriated to the program 

is leveraged at least sixteen-fold, thereby maximizing the funding available to Indian country from private lenders. CERT urges the Secretary seek $12 million in 

FY 2010 to facilitate economic development in Indian country and encourage private 

investment on Indian lands. 

The Office of Minerals Evaluation 

The Office of Minerals Evaluation (OME) performs subsurface economic evaluation to determine the value of the subsurface estate for Indian trust and restricted 

lands. For Indian tribes and individual Indian land owners, this is an important 

step to obtain Secretarial approval for mineral leases. Without this evaluation, it 

is impossible for the Secretary to determine that the Indian interest owner is obtaining fair value. 

CERT understands that at one point in 2008, the Department was considering 

outsourcing these appraisals, a move that CERT opposes. The OME is uniquely situated to utilize data from Indian tribes and within the Department to generate fair 

appraisals that the Indian landowners have confidence in. Any plan to outsource 

this function would erode this confidence. 

A ‘‘National Tribal Energy Efficiency Initiative’’ 

In addition to renewable projects, another initiative that would generate jobs in 

the short-run and long-run, will have positive environmental impacts in Indian 

country, and will produce greater economic benefits for virtually every Indian tribe 

in the country. The initiative CERT has in mind would be something along the lines 

of a ‘‘National Tribal Energy Efficiency Initiative’’ that could fund virtually every 

Indian tribe. The initiative would be massive but, if properly structured, would 

maximize the use of local labor and local Indian contractors. 

In addition to home weatherization, the initiative could include all tribal government buildings and Federal facilities located on tribal lands. The high cost of heating and cooling because of poorly-constructed and poorly-insulated buildings 

equipped with highly inefficient lighting and H–VAC systems erodes program budgets, reduces services and produces environments that are not healthy for workers 

or for people who use access the facilities. It would dramatically reduce the operating and maintenance costs for health clinics, hospitals, schools and tribal colleges, 

tribal administrative buildings, and other structures on tribal lands. 

The initiative would also have an immediate impact on the utility bills for heating 

for the most vulnerable Indian populations in the Northern tier of the country from 

the Pacific Northwest to Maine, the Tribes of the Four Corners Area, and the poor 

families of the Oklahoma Indian Tribes. And for the desert southwest Tribes, their 

weather related issues come in the summer months. Regardless of their geography, 

all of the Tribes have vulnerable populations: the elderly, infants and the disabled. 

In a relatively short period of years, the initiative would transform Indian Country from among the most energy inefficient to among the more energy efficient and 

would lead to better health, more efficient programs and more competitive tribal 

economies. The energy savings could be measured in real dollars because the good 

thing about energy efficiency is that the savings are not one-time occurrences but 

accrue year after year. Even a massive Federal expenditure in an initiative of this 

type would be repaid in savings in 3 to 5 years, and would continue for another 10 

to 20 years, depending on building maintenance. 

Improving and Reforming Trust Management Practices 

For decades, the issue of trust improvement and reform has bedeviled the United 

States and Indian country and lead to costly and acrimonious litigation and legislative battles that have sapped the morale of the Department and lead to a massive 

loss of confidence by the Indian tribes. 

Efforts to reform the broken trust management system have resulted in any number of proposals and counterproposals that ultimately have not served the interests 

of the Indian beneficiaries. The simple fact is that the often-tepid attempts to reorganize and reform the Bureau of Indian Affairs, Office of Special Trustee for American Indians, and other Departmental offices have failed and the ongoing failure is 

resulting in the underutilization of Indian land and trust assets and a reduced maVerDate Nov 24 2008 11:35 Jun 08, 2009 Jkt 047495 PO 00000 Frm 00029 Fmt 6601 Sfmt 6621 S:\DOCS\47495.TXT JACK PsN: JACKF
26 

terial standard of living for Indian people. The Obama Administration and Secretary 

Salazar have committed to working with Indian country on the many issues that 

continue to challenge tribal governments and Indian people. 

Among these should be the following which involve working with both the Indian 

tribes and the Congress: 

• Achieving negotiated settlements of both the soon-to-be re-named Cobell v. 

Salazar Individual Indian Money (IIM) lawsuit and the Indian tribal trust cases 

that are now pending; 

• Developing a comprehensive, effective, and well-funded approach to stop and reverse the effects of fractionation and reconsolidate the Indian land base; 

• Effectuating necessary changes in the law to foster land and natural resource 

management regimes that respect tribal authority and maximize decision-making; and 

• Reshaping the Bureau of Indian Affairs, the Office of Special Trustee for American Indians, and the other Departmental offices so that these agencies can respond to and serve the needs of Indian tribes and their members. 

Conclusion 

Chairman Dorgan, this concludes my statement and I would be happy to answer 

any questions you might have on these matters. 

Thank you again for the opportunity to express the views of CERT and its member tribes. 

PREPARED STATEMENT OF HON. CHARLES DORAME, CHAIRMAN, NORTHERN PUEBLOS

TRIBUTARY WATER RIGHTS ASSOCIATION

Introduction 

Good morning Chairman Dorgan, Vice Chairman Barrasso, and distinguished 

members of the Committee on Indian Affairs. My name is Charles Dorame and I 

am the Chairman of the Northern Pueblos Tributary Water Rights Association 

(NPTWRA) which is comprised of the Pueblos of Nambe, Pojoaque, San Ildefonso, 

and Tesuque. 

I want to thank you for convening this important hearing to receive the views of 

Secretary Ken Salazar on matters of Indian affairs and also to congratulate Secretary Salazar on his recent confirmation by the U.S. Senate. I would be remiss if 

I did not also congratulate our former congressman Tom Udall on his election to 

the United States Senate and his decision to join this Committee which we, of 

course, applaud. 

Last, I would like to give this Committee and the Secretary our sincere pledge 

to work collaboratively on the issues sure to come before us in the coming years, 

including legislation to resolve long-standing water rights litigation involving the 

Pueblos in New Mexico. 

In 2008, legislation was introduced by then-Congressman Udall and Senators 

Bingaman and Domenici to provide congressional ratification to the Settlement 

Agreement to resolve the case of State of New Mexico ex rel. State Engineer v. 

Aamodt, No. 66cv6639 MV/LCS (D.N.M.). As this Committee knows, the Aamodt 

case has been left unresolved for 43 years. 

These settlement bills (H.R. 6768 and S. 3381) were subject to legislative hearings 

in the committees of jurisdiction and the Senate version was reported favorably to 

the full Senate for its consideration. 

Since the autumn of 2008, the Pueblos of Nambe, Pojoaque, San Ildefonso, and 

Tesuque (‘‘the Four Pueblos’’) have been working in good faith with the State of New 

Mexico and representatives of the U.S. Departments of Interior and Justice to resolve outstanding issues relating to the prospective liability of the U.S. and the 

structure of the way the settlement would be financed. Negotiations with the state 

and Federal parties are continuing in an effort to resolve these matters. 

Background on the Settlement and Its Terms 

In the Pojoaque River Basin (‘‘the Basin’’), a tributary of the Rio Grande in northern New Mexico, conflicts over scarce water resources were litigated for decades. In 

1966, then-State Engineer S.E. Reynolds brought suit against all water right claimants in the Basin to determine the nature and extent of their water rights. This 

case, State of New Mexico ex rel. State Engineer v. Aamodt, No. 66cv6639 MV/LCS 

(D.N.M.) was litigated for decades but in January 2006 a comprehensive Settlement 

Agreement was entered between by the Four Pueblos, the State of New Mexico, the 

City of Santa Fe, the County of Santa Fe, and others. 

27 

The settlement parties have worked hard and in good faith to identify and agree 

to areas of mutual interest and to fairly negotiate those matters that proved contentious. 

Once approved by Congress, the Settlement Agreement would achieve a number 

of important priorities including the following: (1) Securing water to meet the current and future needs of the Four Pueblos; (2) Protecting the longstanding water 

uses and resources that make the Basin unique; (3) Preserving the centuries-old 

non-Pueblo irrigation in the Basin; and (4) Providing water for current and future 

uses by all of the Basin’s residents. 

The Pojoaque Basin Regional Water System 

The centerpiece of the Settlement Agreement is the proposed construction of a 

water system for the Basin which will have the capacity to deliver 2,500 acre feet 

per year of water from the Rio Grande to the Four Pueblos. It will also be able to 

deliver 1,500 acre feet per year to the County Water Utility to serve future water 

users in the Basin as well as present domestic well owners who choose to connect 

to the system. The source of the water has been identified with the assistance of 

the State of New Mexico, the County, the U.S. Department of Interior, and the settling parties. The water system’s provision of water to non-Pueblo water users is important to the Pueblos because it will reduce stress on the groundwater resources 

of the Basin. Without the construction of the water systems, the litigation cannot 

be settled. 

The total project cost of the settlement is nearly $305 million which would be used 

to construct the Pueblo and County combined water system; county connections; the 

Pueblo Water Acquisition Fund; the Pueblo Conservation Fund; City Water Delivery 

Offsets; the Pueblo O.M.&R. Fund; the County Water Utility O.M.&R.; County 

Water Rights Acquisition; and Inbasin Water Rights Transferred to County Water 

Utility. Simply put, without the construction of the water systems, the litigation 

cannot be settled. 

Project Costs and the Reclamation Water Settlements Fund 

The total project cost of the settlement is about $305 million of which about $175 

million would be the federal contribution, with the State of New Mexico, Santa Fe 

County and the City of Santa Fe prepared to contribute in excess of $130 million 

to the proposed settlement. 

As this Committee knows, since 1990, the Executive Branch has gauged all Indian 

land and water settlements against the ‘‘Criteria and Procedures’’ that were issued 

in that year. While no proposed Indian water settlement is perfect in terms of meeting the Criteria and Procedures, the Aamodt settlement is as close to a neat fit that 

is likely to come before the Congress. 

For many years, Senators from western states have grappled with the problem 

of financing Indian land and particularly water settlements. On April 19, 2007, Senator Bingaman introduced S. 1171, the Northwestern New Mexico Rural Water 

Projects Act which included language to create a ‘‘Reclamation Water Settlements 

Fund’’ (‘‘Reclamation Fund’’) in the U.S. Treasury to fund the water settlements of 

the Navajo Nation and other Indian tribes. 

The Reclamation Fund would make available some $500 million satisfy the Navajo settlement and an additional $250 million to satisfy the Aamodt and Taos settlements. The Reclamation Fund would also fund other Indian water settlements in 

Montana and Arizona. 

Legislation to establish the Reclamation Fund was not enacted in the 110th Congress and, accordingly, on January 6, 2009, Senator Bingaman reintroduced a bill 

to authorize more than 100 separate pieces of legislation. This bill, the ‘‘Omnibus 

Public Land Management Act’’ (S.22) includes the Northwestern New Mexico Rural 

Water Projects Act, the Duck Valley Paiute Water Settlement Act, and others. The 

Senate passed the measure on January 15, 2009 and it is under consideration in 

the House. 

Conclusion 

Mr. Chairman, the time is right for the swift enactment of legislation to ratify 

the Aamodt Settlement Agreement and we are encouraged that the negotiation and 

settlement of Indian water settlements will be a priority for Secretary Salazar and 

the Obama Administration. This concludes my statement and I would be happy to 

answer any questions you might have at this time. 

28 

PREPARED STATEMENT OF TSOSIE LEWIS, CEO, NAVAJO AGRICULTURAL PRODUCTS

INDUSTRY

Introduction 

Good morning Chairman Dorgan, Vice Chairman Barrasso, and distinguished 

members of the Committee on Indian Affairs. My name is Tsosie Lewis and I am 

the Chief Executive Officer of the Navajo Agricultural Products Industry (NAPI), an 

economic enterprise wholly-owned by the Navajo Nation located near Farmington, 

NM. 

I am very pleased to submit this prepared statement for the Committee’s Oversight Hearing to receive the views of Interior Secretary Ken Salazar on matters related to Indian affairs and policies. 

I would first like to congratulate Secretary Salazar on his recent confirmation and 

pledge to him and the department NAPI’s desire to work collaboratively on matters 

of mutual concern. Secretary Salazar’s family settled in New Mexico in the 17th century and for five generations has ranched and farmed the land in the San Luis Valley in Colorado. 

NAPI Management and Operations 

Secretary Salazar’s long and distinguished public service has demonstrated his 

commitment to the wise use of our nation’s natural resources, land, and water. It 

is with this in mind that I note NAPI’s guiding principle: Caring for our land. Caring for our future. Currently operating a farm of approximately 70,000 acres, NAPI 

is one of the largest employers of Navajo Nation members on the Navajo Nation and 

contributes some $100 million annually into the economy of the Four Corners Area. 

In its operations, NAPI has stressed the use of the state-of-the-art technology and 

environmentally friendly practices. The major crops grown and sold by NAPI include 

alfalfa; corn; onions; wheat and small grains; potatoes; pinto beans; and specialty 

crops. NAPI is governed by a 5-member Board of Directors and for a farm of its size 

has a modestly-sized management of 7 persons. 

NAPI operates 4 departments as follows: 

1. Operations & Maintenance (O&M) Department. NAPI performs the required 

Operations and Maintenance (O&M) through a Public Law 93–638 contract with the 

Bureau of Indian Affairs (BIA). The O&M Department is responsible for water delivery to NAPI farmlands using the Navajo Indian Irrigation Project (NIIP) storage, 

carriage, and distribution facilities. The O&M Department operates and maintains 

all aspects of the NIIP facilities that have been transferred to BIA. 

2. On-Farm Development (OFD) Department. NAPI’s On-Farm Development Department (OFD) is also funded through a Public Law 93–638 contract with the BIA 

and is dedicated exclusively for the development of new irrigation systems. This 

funding allows for assessment and planning and proceeds to constructing self-propelled irrigation center pivot systems, underground water lines, electrical systems 

for water control and radio telemetry systems. 

3. Agricultural Testing and Research Laboratory (ATRL) Department. NAPI’s Agricultural Testing and Research Laboratory Department (ATRL) was established to 

meet the needs of the NIIP and to provide analytical services and technical assistance to NAPI personnel. 

4. Navajo Agricultural Marketing Industry (NAMI). Rounding out the major departments NAPI operates, NAMI’s responsibility is to enhance the market share of 

NAPI products and to look for opportunities to introduce the ‘‘Navajo Pride’’ line of 

products into new markets both domestically and overseas. These products include 

alfalfa, pinto beans, potatoes, corn, grains, and specialty crops. 

Through years of hard work and prudent use of our scarce resources, NAPI has 

become a profitable, high-tech agribusiness that is competitive in the American market and in the international marketplace. NAPI has participated with the U.S. Department of Agriculture in international trade shows to market our goods. NAPI 

also has entered a rare bi-lateral agricultural purchasing agreement with Cuba 

under which we ship commodities to the island in exchange for hard currency. 

In December 2008, the New Mexico Department of Agriculture acknowledged and 

certified NAPI’s agricultural practices and in particular those related to food safety 

in the field, in growing the crops, and in harvesting. The State’s certification also 

brings with it a coveted spot on the preferred vendor list for consumers in New Mexico and elsewhere. Representative customers of ‘‘Navajo Pride’’ products include Del 

Monte, Wal-Mart, Basha’s, Frito Lay, American Italian Pasta Company, and many 

other. 

29 

Opportunities for Economic Growth and Jobs 

NAPI currently operates 70,000 acres under cultivation—many with trademarked 

Navajo Pride brand agricultural products. In addition, NAPI offers beneficial leasing 

opportunities for other agricultural producers and currently has lease contracts with 

Navajo Mesa Farms, Pumpkin Patch Fundraisers, and others. There are also significant processing plant opportunities including an industrial park, which is divided 

into five to ten acre parcels. NAPI now operates a popcorn facility and a bean plant 

that packages and ships dry, edible pinto beans. NAPI also operates a potato cleaning facility that operates nearly around the clock and ships NAPI-grown potatoes 

across the country. 

To bring value-added to the potato operation, NAPI is laying the groundwork for 

the construction and operation of a potato processor and french-fry plant to serve 

restaurants, retailers, and wholesalers in the region and across the country. Other 

potential opportunities from these business sites would include russet and chipper 

potatoes, carrot products and cold-packing vegetables and lettuce. NAPI lands are 

also leased to sheep and cattle owners for both winter grazing and summer pasture 

and we believe these activities can be expanded significantly in the years to come. 

Irrigation Infrastructure Rehabilitation 

As with any commercial enterprise, NAPI faces numerous challenges in its desire 

to increase revenues and create jobs in the Farmington area. High energy costs, lagging consumer demand, and lack of credit are all contributing to slower growth and 

profitability for NAPI. The most immediate challenge, however, is one that can be 

overcome with the stroke of a pen by Secretary Salazar. Some history is in order 

before discussing this issue. 

Congress first authorized construction of the Navajo Indian Irrigation Project 

(NIIP) in 1962 with 1976 seen as the date of completion of the project. The NIIP 

legislation implemented an agreement negotiated among the Navajo Nation, the 

State of New Mexico, and the United States under which the United States committed to construct and maintain an 110,630-acre farm on roughly the same time 

frame as the San Juan-Chama Diversion Project (‘‘Diversion Project’’). The Diversion 

Project was completed on-schedule and now serves the population of the Rio Grande 

Valley yet the NIIP languishes for lack of Federal funding and the commitment of 

the Interior Department to fulfill the obligations it assumed decades earlier. 

NAPI is the instrumentality charged with operating a commercial farm on NIIP 

lands. Forty-seven years after enactment, the NIIP is only 70 percent complete. For 

the past 8 years, Federal funding for both construction and maintenance of the NIIP 

has not been forthcoming. This lack of Federal funding risks the integrity of NAPI’s 

irrigation infrastructure as well as the viability of NAPI’s operations for years into 

the future. 

Five months ago, NAPI and the Navajo Nation reached consensus that, as a onetime matter, $7.3 million in Federal construction funding already appropriated for 

NIIP in Fiscal Year 2008 should be re-programmed to enable NAPI to rehabilitate 

the center pivots that are so crucial to its operations. 

In addition, the Bureau of Indian Affairs—Navajo Regional Office agrees with the 

urgency of the irrigation infrastructure situation as well as the proposed re-programming of funding to rectify this situation. I can assure the Committee that the 

Appropriations Committees in both the House and Senate as well as the New Mexico delegation have been apprised of the re-programming and have indicated their 

willingness to support it. 

Conclusion 

I thank the Chairman for the opportunity to discuss these matters and would be 

happy to answer any question you might have at this time. 

30 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. BYRON L. DORGAN TO

HON. KEN SALAZAR


212a1.eps
31 


212a2.eps
32 


212a3.eps
33 


212a4.eps
34 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. TOM COBURN, M.D. TO

HON. KEN SALAZAR


212a5.eps 212a6.eps
35 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. MARIA CANTWELL TO

HON. KEN SALAZAR


212a7.eps
36 


212a8.eps
37 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN MCCAIN TO

HON. KEN SALAZAR


212a9.eps 212a10.eps
38 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JON TESTER TO

HON. KEN SALAZAR


212a11.eps
39 


212a12.eps
40 


212a13.eps
41 

Æ 


212a14.eps