[Senate Hearing 115-291]
[From the U.S. Government Publishing Office]
S. Hrg. 115-291
NOMINATION OF TARA MAC LEAN SWEENEY OF ALASKA TO BE ASSISTANT
SECRETARY, INDIAN AFFAIRS, U.S. DEPARTMENT OF THE INTERIOR
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HEARING
BEFORE THE
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
__________
MAY 9, 2018
__________
Printed for the use of the Committee on Indian Affairs
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COMMITTEE ON INDIAN AFFAIRS
JOHN HOEVEN, North Dakota, Chairman
TOM UDALL, New Mexico, Vice Chairman
JOHN BARRASSO, Wyoming MARIA CANTWELL, Washington
JOHN McCAIN, Arizona JON TESTER, Montana,
LISA MURKOWSKI, Alaska BRIAN SCHATZ, Hawaii
JAMES LANKFORD, Oklahoma HEIDI HEITKAMP, North Dakota
STEVE DAINES, Montana CATHERINE CORTEZ MASTO, Nevada
MIKE CRAPO, Idaho TINA SMITH, Minnesota
JERRY MORAN, Kansas
T. Michael Andrews, Majority Staff Director and Chief Counsel
Jennifer Romero, Minority Staff Director and Chief Counsel
C O N T E N T S
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Page
Hearing held on May 9, 2018...................................... 1
Statement of Senator Cantwell.................................... 38
Statement of Senator Cortez Masto................................ 45
Statement of Senator Daines...................................... 40
Statement of Senator Heitkamp.................................... 5
Statement of Senator Hoeven...................................... 1
Statement of Senator Murkowski................................... 3
Statement of Senator Smith....................................... 36
Statement of Senator Sullivan.................................... 6
Statement of Senator Tester...................................... 4
Statement of Senator Udall....................................... 2
Witnesses
Sweeney, Tara Mac Lean, Nominee to be Assistant Secretary, Indian
Affairs, U.S. Department of the Interior....................... 8
Biographical information..................................... 13
Prepared statement........................................... 11
Appendix
Response to written questions submitted to Tara Mac Lean Sweeney
by:
Hon. Richard Blumenthal...................................... 79
Hon. Maria Cantwell.......................................... 79
Hon. Catherine Cortez Masto.................................. 87
Hon. John Hoeven............................................. 77
Hon. Tom Udall............................................... 82
Letters submitted for the record
NOMINATION OF TARA MAC LEAN SWEENEY OF ALASKA TO BE ASSISTANT
SECRETARY, INDIAN AFFAIRS, U.S. DEPARTMENT OF THE INTERIOR
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WEDNESDAY, MAY 9, 2018
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 4:10 p.m. in room
628, Dirksen Senate Office Building, Hon. John Hoeven,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. JOHN HOEVEN,
U.S. SENATOR FROM NORTH DAKOTA
The Chairman. Good afternoon. I call this nomination
hearing to order.
Today, the Committee will hear from Ms. Tara Mac Lean
Sweeney of Alaska, who has been nominated to be the Assistant
Secretary for Indian Affairs in the Department of the Interior.
Welcome. Thank you for being here today. We appreciate it
so much.
The Assistant Secretary for Indian Affairs leads Interior's
initiatives across Indian Country. On October 17, 2017,
President Donald Trump nominated Ms. Sweeney to the position.
Ms. Sweeney grew up in rural Alaska and is a member of the
Native Village of Barrow. I have been there along with Senator
Murkowski, a great trip. She is also a member of the Inupiat
Community of the Arctic Slope. If confirmed, she would be the
first Alaska Native and second woman to hold the position.
Actively engaged in State and national policy development,
Ms. Sweeney has been involved in responsible Indian energy
policy initiatives, rural broadband connectivity, Arctic
growth, and Native American self-determination.
She has served her Arctic Slope Regional Corporation and
its subsidiaries in a variety of capacities for nearly two
decades. The $2.6 billion corporation is the largest locally-
owned and operated business in Alaska, with about 13,000 In
6upiat Eskimo members and 12,000 employees worldwide.
It is diversified in six major business sectors, including
energy support services, industrial services, construction,
petroleum refining and marketing, government services, and
resource development.
In her current role as the Executive Vice President of
External Affairs, Ms. Sweeney is the official company
spokesperson, responsible for all facets of government affairs
and corporate communications. Her primary responsibilities
include strategic policy and position development,
implementation, and execution.
She also manages Federal and State engagement to improve
policies affecting Indian energy, taxation, resource
development, government contracting, broadband development and
access to capital.
Ms. Sweeney has served in leadership positions on numerous
business and nonprofit boards at both the local and national
level. She has served as chair of the Arctic Economic Council,
co-chair of the Alaska Federation of Natives, a member of the
Coast Guard Foundation Board of Trustees, and a member of the
Cherokee Nation New Market Tax Credit Advisory Board.
There have been several letters of support for Ms.
Sweeney's nomination and I have made them all part of the
record.
I understand her tribal leaders are not able to join us
today as they are busy in their whaling season, but they also
send their support for Ms. Sweeney's nomination.
With that, I will turn to Vice Chairman Udall for his
opening statement.
STATEMENT OF HON. TOM UDALL,
U.S. SENATOR FROM NEW MEXICO
Senator Udall. Thank you so much, Mr. Chairman Hoeven. We
really appreciate your holding this nomination hearing today.
Congratulations to Ms. Sweeney on being nominated to serve
as the Assistant Secretary for Indian Affairs at the Department
of Interior. I understand you brought your family with you and
probably the majority of Barrow, Alaska.
I also see you are accompanied by Catherine Stevens whose
husband was a colleague of ours here in Washington for many,
many years.
Thank you for the meeting in my office. You met with me and
my Indian Affairs staff and I very much enjoyed that meeting.
This is an important nomination. The Department's Indian
Affairs hallway has been empty for quite some time, lacking the
top political leadership your nomination reflects and that
Indian Country deserves.
I am encouraged that the President chose you, Ms. Sweeney,
a Native American nominee with business experience and deep
connection to your tribal community. I welcome the opportunity
today to learn about your priorities as Assistant Secretary, if
confirmed.
From my vantage point, the primary purpose of this hearing
is to hear how you plan to carry out the department's mission
to make sure the Secretary fulfills the United States trust
responsibility to American Indian and Alaska Native tribes and
villages and maintains the Federal-tribal government-to-
government relationship.
The Assistant Secretary for Indian Affairs has many
critical responsibilities. In my own role as Vice Chairman of
this Committee and as the elected representative of 23 tribes
in my home State of New Mexico, I have used three guiding
principles.
They are: respect tribal sovereignty, promote tribal self-
determination and ensure that meaningful government-to-
government consultation happens. I strongly believe that in
word and deed, anyone confirmed to the position of Assistant
Secretary must be guided by these same principles.
The Assistant Secretary must also have a strong partnership
with this Committee and be an effective advocate and ambassador
to all of Congress for Indian Country's priorities. In my
questions today, I will seek to confirm that you are up to the
challenge of meeting these responsibilities.
I also hope to get added assurances regarding your ethics
agreement and your willingness to take on the issues that
require balancing Indian Country's best interests with those of
the Administration.
Thank you, Ms. Sweeney, for answering the call to serve. I
look forward to your testimony today. I hope to work with my
colleagues to move your nomination along in a timely manner.
Thank you very much, Mr. Chairman.
The Chairman. Thank you, Vice Chairman Udall.
I will turn to Senator Murkowski.
STATEMENT OF HON. LISA MURKOWSKI,
U.S. SENATOR FROM ALASKA
Senator Murkowski. Thank you, Mr. Chairman and Vice
Chairman Udall, for scheduling this hearing. I know there was a
bit of a timing issue but I certainly appreciate it. I know the
many, many Alaskans who have traveled to be here to be with
Tara today appreciate that we were able to schedule for this
afternoon.
I want to extend my congratulations and of course my full
support to Tara Sweeney for the position for which she has been
nominated as Assistant Secretary for Indian Affairs at the
Department of Interior.
I have to tell you, sitting here, seeing you at the table
with Senator Sullivan, seeing Catherine in the audience, seeing
your family, and so many friends, I am bursting with pride. I
feel this is graduation day, a birthday or a holiday.
You, Tara, hold so much hope and promise, not only for the
people in your region, Alaska Natives around our State, but for
Indian Country as a whole, a strong, strong female, Native
leader ready to take charge. Believe me, we need someone to
take charge within the BIA. You know that.
This position, as noted, is so important to advocate and
ensure that Interior fulfills its Federal trust responsibility
to the American Indian and the Native Alaska people and our
Native Hawaiians.
This requires a deep understanding of tribal sovereignty
and self-determination, the significance of the trust
relationship and meaningful consultation, as well as the
Federal Government's fiduciary responsibility to tribes.
You do understand all of these. You do because you have
lived it but you have also led in this previously as the co-
chair of the Alaska Federation of Natives. To my colleagues on
the Committee, this is the largest State-wide Native
organization in Alaska, representing over 300 Alaska Native
tribes, corporations and tribal consortia. It is basically one-
fourth of all the federally-recognized tribes when you keep in
mind what AFN is.
You were able, as co-chair, to knit together all the very
diverse interests, the collaboration with tribes and local,
State and Federal leaders to make meaningful and measurable
impact on Native communities. In your efforts, I think you
worked to be inclusive and transparent in bringing together the
many differing opinions.
You have a sense of purpose, determination and an ability
to work collaboratively to improve the common goal of bettering
the lives of our Native people.
You demonstrated that at an even higher level with your
role on the Arctic Economic Council. Again, that was a
leadership position that Alaskans looked with awe at how you
had assumed command in an international forum and venues with
other nations to bring economic development and prosperity in
regions that are challenged.
You bring a very unique skill set to this position, drawing
from your background and your upbringing. I have seen you
personally advocate for Alaska Native rights, cultural values
and sustainable rural communities.
I say all that and it looks like part of a resume but I
think we know the mark of an individual is often seen in their
family and how they share their leadership as transmitted
through the families surrounding them, those that support you
and those you support.
You have demonstrated a love and care you see transmitted
through your children in a beautiful way that we also
celebrate. As much as your professional accomplishments, how
you have brought beautiful young people into the world who are
leaders in their own right, is greatly appreciated. What you
and Kevin have built is a model and we share that.
Mr. Chairman, I am delighted to be able to be here to not
only recognize the accomplishments of Tara Sweeney but to stand
with her throughout this process. This is an important step by
the Administration.
I look forward to working with my colleagues to make
history by confirming the first Alaska Native person to this
position. I am so pleased you are here.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Murkowski.
Senator Tester.
STATEMENT OF HON. JON TESTER,
U.S. SENATOR FROM MONTANA
Senator Tester. Thank you, Mr. Chairman and Ranking Member
Udall, for having this hearing.
Tara, welcome. We appreciate you putting yourself through
this process. I understand, by Senator Sullivan's description,
you have been at it a while already.
This is a very important position for our Native American
people. It is a situation where we have suicide rates that are
over the top, spousal abuse that is totally unacceptable, and
poverty conditions that are third world status.
You are going to be overseeing a lot of this stuff, whether
it is education, health care, land into trust, or making sure
water compacts are pushed through. You are going to have an
influence on that.
I did ask Senator Sullivan today about you, if you were
tough. He said you were. We are going to need somebody who is
tough. I am going to tell you why.
There have been a lot of good people who served in this
position. They have come before this Committee and we have
asked them for things in their budget, it if was adequate, and
they always say yes.
However, I can tell you I have a couple tribal members from
Montana in the crowd who talked to me this morning. Do you know
what they talked to me about? They talked about law
enforcement. They do not have anyone on the ground and BIA has
not been able to help them.
I want you to fight for a budget that works for Indian
Country so that when you come before this Committee or the
Appropriations Committee, either one, you can say, this is what
we need. If you want to carry out our trust obligation to
Indian Country, this is what we need. If you do that, you are
going to do a great job.
Thank you.
The Chairman. Senator Heitkamp.
STATEMENT OF HON. HEIDI HEITKAMP,
U.S. SENATOR FROM NORTH DAKOTA
Senator Heitkamp. Thank you, Mr. Chairman.
I have another commitment so I will not be able to be here.
We had a lovely conversation.
I want to back up what Jon just said. You know we have
trouble and you know we have not felt there was enough
attention at BIA to these issues and not enough collaboration
with law enforcement, HUD, or HHS. These are challenges. We are
going to look to you to solve these problems or to at least
give us a leg forward.
I think your background is excellent. I think there are
some challenges people feel in terms of Alaska Natives but I
think we are all in the same boat together. We want to make
sure that you appreciate that there are a lot of folks in the
Great Plains who have a different legal arrangement and
different tribal and treaty arrangement.
I know you are up to the task of understanding and
appreciating these differences but we are going to hold you
accountable in a way that I do not think we have done in the
past. We are here to help you. We are here to be an extension
of that advocacy. We are here to help you be successful but we
cannot help you be successful if you do not reach out.
I want you to know how grateful I am that you are using
your enormous talents to tackle one of the biggest challenges
there is in the Federal Government. That is providing services
to some of the most forgotten people in America.
Thank you and thanks to the great State of Alaska for
advancing a very capable and qualified candidate.
The Chairman. Ms. Sweeney, did you bring a Marine guard or
is he here for the purpose of an introduction? I will now turn
to Senator Dan Sullivan also from Alaska for the purpose of
introducing the nominee.
STATEMENT OF HON. DAN SULLIVAN,
U.S. SENATOR FROM ALASKA
Senator Sullivan. It is both but I am here to introduce
her.
Mr. Chairman and Vice Chairman Udall, thank you very much
for the opportunity to say a few words on behalf of this very
well-qualified nominee before you and dear friend of mine, Tara
Sweeney, who as Senator Murkowski mentioned, is making history
in many ways as the first Alaska Native to be nominated for
this very important position.
I know that Tara's Inupiat culture often values the
collective success of their vast community over individual
success, something I think all of us could learn from,
nevertheless, I would like to spend a few minutes talking about
Tara's individual characteristics that are so important for
someone nominated to a position of public trust like this.
These are characteristics of integrity, intelligence,
humility, and yes, to Senator Tester's question to me this
morning on the Floor, certainly toughness, discipline and an
absolute determination to work for her people, her State and
her Country.
I have had the privilege of knowing Tara for a long time.
Through her and my wife, Julie, I have also had the privilege
of learning and knowing more and more about Tara's culture, her
people, the great history of Alaska's Native people who make up
almost one-fifth of the population of our great State.
Tara is a proud Inupiat whose family is from Utqiagvik
where right now, as you mentioned, Mr. Chairman, in her home
village and villages across northwest Alaska, the citizens are
in the throes of spring whaling season, an ancient tradition
that feeds the body and soul of Native communities throughout
the area.
Amazingly, today's Alaska Native whaling captains and crews
still hunt using hand-held harpoons and going to the icy waters
in hand-skin boats as their ancestors did for thousands of
years. It is this kind of fidelity to Native culture that I
think really defines Tara. It is in her heart and her soul.
It is also the ability to marry traditional cultures with
the modern world, sometimes against long odds that is an
enormously important part of Tara and a very important part of
the wonderful and powerful narrative of her people.
Mr. Chairman, I would like to say a few words about the
Alaska Federation of Natives, the largest Alaska Native
organization in a State encompassing 229 federally-recognized
tribes as well as 150 village corporations, 12 regional
corporations and 12 regional nonprofit and tribal consortia. It
is certainly one of the most well respected organizations in
all of Alaska.
The history of AFN, as we call it, formed half a century
ago, is one of the great stories in a State full of great
stories of Brave men and women from all across the State who
fought for their land and self-determination and won.
This was not easy. They were demanding that the Federal
Government recognize their rights to nearly 150 million acres
of land at a time when Alaska Native villages were severely
impoverished and disease ran rampant. They enacted the largest
land claims settlement Act in history, and continue to fight
for their people, their culture and for all of us in Alaska and
indeed, across the Country.
Tara grew up in this history and story. Her relatives were
involved. Her village leaders played a decisive role. This is a
crucial part of her legacy. When she became old enough and
experienced enough, she ran for and was elected to be co-chair
of AFN, a remarkable achievement that, in my view alone,
qualifies her for this very important position.
During her time leading AFN, she spearheaded reforms to
empower tribes, focused on issues like access to capital, self-
determination, technology deployment and very critically,
economic growth and good jobs in rural Alaska Native
communities, some of the poorest communities in our Nation.
These are some of the critical issues she also focused on
in her many other leadership positions in organizations such as
Arctic Slope Regional Corporation, the Inuit Circumpolar
Conference, the National Conference of American Indians and as
chair of the Arctic Economic Council.
This is the experience and focus she will bring to all
indigenous people throughout our Country. I am absolutely
certain there is no one who will work harder for the rights,
for the economic empowerment and for the culture of America's
first people than Tara Sweeney.
Finally, in conclusion, as we all know we are coming up on
Mother's Day this Sunday. Tara's late mother, Eileen Mac Lean,
was a legend. Like her mother before her, Tara's Akamai, she
was a strong Alaska Native Leader who was respected throughout
our State.
She was a teacher, the president of the Inuit Circumpolar
Council and a well respected Alaska State legislator from
District 40. Eileen's legacy lives on throughout our State. If
confirmed, that legacy will live throughout our Nation through
her very well-qualified daughter, Tara.
Tara, Alaska is very proud of you. We are all thrilled by
your nomination. Quiana for being willing to serve our Country.
I am confident that my Senate colleagues will respect and honor
your achievement, experience, integrity and deep cultural
commitments that make you an ideal nominee for this very
important position.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Sullivan.
We will now swear in the witness.
Ms. Sweeney, please rise and raise your right hand. Do you
solemnly affirm that the testimony you shall give today shall
be the truth, the whole truth and nothing but the truth under
the penalty of perjury?
Ms. Sweeney. I do.
The Chairman. Thank you. Please be seated.
I want to remind you that your full written testimony will
be made a part of the official record. I would say take five
minutes or so but you can give or take. This is your chance to
present as you wish.
I know you have family and friends here if you want to
introduce some of them, feel free to do that.
Welcome.
STATEMENT OF TARA MAC LEAN SWEENEY, NOMINEE TO BE ASSISTANT
SECRETARY, INDIAN AFFAIRS, U.S. DEPARTMENT OF THE INTERIOR
Ms. Sweeney. Thank you, Chairman Hoeven, Vice Chairman
Udall and distinguished members of the Committee.
[Greeting in Native language.]
Ms. Sweeney. My name is Tara Mac Lean Sweeney. I am from
Utqiagvik and I am honored to be here today as you consider my
nomination to be Assistant Secretary of Indian Affairs at the
Department of Interior.
I do have a number of family members here that would take
up almost the entire hearing time if I introduced everyone. I
would like to recognize a few of those members here today.
You have a room full of Inupiaq Eskimos, so I appreciate
the staff keeping this room nice and cool because it is very
warm for the rest of us. I can tell you this Eskimo is melting.
Left to right, I would like to acknowledge Oliver Leavitt,
my mentor. I explained earlier when I was 12 years old
attending elementary school, shortly after the land claims had
passed and was enacted and Alaskans were familiarizing
themselves with the land claims and what a corporate structure
would look like in our region, Oliver came into our classroom
to talk to us about the opportunities ANCSA could bring and the
potential for students like myself to realize by going to work
for my Alaska Native corporation.
As he left the building, I looked over to my friends,
including his son, and said I want to work there. I want to
work for him. I want to do what he is doing for our people.
From that time, I worked very hard under his tutelage to get to
where I am today.
I would be remiss without acknowledging his importance in
my life and to our region and community. Oliver Leavitt is
sitting here at the edge of the row.
Next to him is my cousin, Richard Glenn. We have worked
this journey on a professional level together. Richard Glenn,
many of you may know for his involvement in the work with
Arctic Slope Regional Corporation.
We have spent so much time together working on issues
important to Alaska and our region. I could not be sitting here
in front of you without him walking with me and me walking with
him in our professional journey.
Next to Richard is my stepfather, George Weckerle. I say he
is from Barrow. He currently lives in upstate New York but I am
certainly glad that he was able to make the drive to be with us
today.
Next to George is my son, Ahmaogak Sweeney, who is 18 and a
senior at South Anchorage High School. Thank you for holding
the hearing this early in May because next week is graduation
and he will be graduating, so I am excited. He is also a pilot
and will be pursuing aviation as a career.
Next to Ahmaogak is my daughter Caitlin, a junior at
Cornell in the business school there. She recently returned to
the United States from overseas abroad for the semester in
Rome. She arrived yesterday. I am extremely excited she has
been able to join us.
Finally is my husband, Kevin, my life partner, the love of
my life and one of my biggest supporters. We have been married
for over 20 years. I am very thankful for the support my family
has given to me throughout this process.
If you know Native families, you know that aunties play a
major role in your lives so I would be remiss if I did not say
hello online to my aunt, Kannik Glenn and Marilyn Gamboa.
[Greeting in Native language.]
Thank you.
I am an Inupiaq Eskimo from Alaska's North Slope, raised in
the era following congressional enactment of the Alaska Native
Claims Settlement Act of 1971. As this Committee is aware,
ANCSA was essentially an experiment by our Federal Government
on how best to address the needs of Alaska Native people that
pre-existed the United States Constitution.
ANCSA eliminated the seven reservations in Alaska at the
time, one of which was located in my hometown of Utqiagvik, and
replaced them with a historic land claims settlement that
deeded 12 percent of Alaska's lands in fee simple title to be
held by Native corporations.
As you know, the more than 200 Alaska Native Corporations
created by Congress exist side by side but are autonomous from
the more than 200 federally-recognized tribal governments in
Alaska.
I was raised in rural Alaska, educated at Cornell
University, mentored and employed during this post-ANCSA era. I
have witnessed our village leadership focus their efforts on
the corporate structures Congress created, while trying to
balance the sovereignty and the role of our tribal
organizations for the well-being of the Inupiaq people.
As Alaska Natives, like our American Indian counterparts,
we are reaching for the same future, with very similar tools,
tribal governments to govern our respective social needs and
traditional and cultural ways, and tribal corporations, to
engage in the economic opportunities of our great Country.
This reality has meant, and still means, that the
Department of the Interior is very much a part of our past, our
lives today, and will be in the future of the generations yet
unborn. The DOI is a reality with which every Native American
lives. I am honored to leave my homeland for a short time to
engage in public service, but perhaps most important, to
support tribal nations, tribal corporations and our tribal
people across the Country.
The mission of Indian Affairs at DOI is ``to engage in a
robust government-to-government relationship with federally-
recognized Indian Nations and to collaborate with Indian
organizations and corporations to support socially, culturally
and economically self-sufficient Indian peoples.''
Members of the Committee, this mission statement is one
that both Secretary Zinke and I believe in. With the
Administration's support, I would like to bring the vast talent
of Native leaders around the Country to help move our
collective tribal and corporate interests forward.
I am both a product and a witness to the work of Native
leaders to address the challenges that each of our communities
face, including social services to protect our most vulnerable,
the perpetuation of our languages and cultural practices,
investments in education, housing and other infrastructure, and
capacity building to develop economic opportunities at home and
across the Country.
My life experiences throughout rural Alaska positioned me
to watch our community leaders overhaul the Bureau of Indian
Affairs school in my village. Previously, this school had only
served my mother's generation through the 8th grade.
Native leadership led the conversion of the school to a
pre-K through 12th grade school system with a local school
board. This act of courage and partnership with the DOI changed
the trajectory of every generation that followed. Students no
longer had to leave home 10 months of every year to achieve a
high school diploma. I am a product of this change.
Today, we have a locally-governed school district, and we
also successfully operate the only accredited tribal college in
Alaska, providing degrees in higher education and vocational
skills to our young adults.
The Arctic is the most remote region in the United States.
No roads connect our communities, the cost of living is
extremely high, our people face significant social challenges
and our region is plagued with insufficient sanitation
facilities. Unfortunately, this is akin to the realities faced
throughout the rest of Indian Country.
To address these needs, our people have been proactive in
accessing the resources of bond markets, local taxing
authority, and business investments. The work is far from done.
We continue to push forward.
I will utilize that same solutions-oriented perspective to
serve all of Indian Country. I understand that the collective
knowledge of our tribal leaders must be my top priority to
serve the mission of Indian Affairs at the Department of the
Interior.
With that in mind, if confirmed, I plan to spend my first
180 days listening to tribal leaders and the congressional
committees of jurisdiction to hear the top priorities and
establish a clear and comprehensive action plan.
As a Native impacted by DOI, I understand that one
appointment, my appointment, is not a universal remedy.
However, for improved and effective service delivery, Indian
Country needs a clear framework from the department, grounded
in tribal consultation.
This engagement will give my tenure as Assistant Secretary
the clear vision that is needed to advance the priorities of
Interior and our tribal nations. I expect these consultations
will produce a myriad of priorities.
Across this great Country, from the southwest to the
northeast, one cannot paint Indian Country with a single
stroke. Indian Country is not a homogenous community. There are
some stark and subtle differences that make each tribe unique.
I have great familiarity with energy development,
education, housing, telecommunications, and business
development issues, particularly within the context of rural
and geographical isolation.
However, others will be new to me. As I have been taught by
my elders when taking on new ventures, in order to achieve
success I must be guided by the principles focused on humility
to hear, to be taught, to contemplate and to act.
In closing, during any tenure this body may grant me, I
fully intend to make decisions in consultation, and to act on
the best ideas that move Indian Affairs and the decision making
of tribes forward, not backwards.
Should I be confirmed, your guidance and expertise will be
both expected and appreciated. Quyanaqpak. Thank you for the
opportunity to come before this Committee today. I am happy to
answer any questions you may have.
[The prepared statement and biographical information of Ms.
Sweeney follow:]
Prepared Statement of Tara Mac Lean Sweeney, Nominee to be Assistant
Secretary, Indian Affairs, U.S. Department of the Interior
Chairman Hoeven, Vice Chairman Udall, and distinguished members of
the Committee. My name is Tara Sweeney, and I am honored to be here
today as you consider my nomination to be Assistant Secretary of Indian
Affairs at the Department of the Interior.
I am an Inupiaq Eskimo from Alaska's North Slope, raised in the era
following congressional enactment of the Alaska Native Claims
Settlement Act of 1971 (ANCSA). As this Committee is aware, ANCSA was
essentially an experiment by our Federal Government, to address the age
old question of how best to address the needs of America's Native
people that pre-existed the United States Constitution. ANCSA
eliminated the 7 reservations in Alaska at the time, one of which was
located in my hometown of Utqiagvik, and replaced them with a historic
land claims settlement that deeded 12 percent of Alaska's lands in fee
simple title to be held by Native corporations. As you know, the more
than 200 Alaska Native Corporations created by Congress exist side by
side but are autonomous from the more than 200 federally recognized
tribal governments in Alaska.
I was raised in rural Alaska, educated at Cornell University,
mentored and employed during this post-ANCSA era. I have witnessed our
village leadership, including my own mother and others, focus their
efforts on the corporate structures Congress created, while trying to
balance the sovereignty and the role of our tribal organizations for
the well-being of the Inupiaq people.
As Alaska Natives, like our American Indian counterparts, we are
reaching for the same future, with very similar tools--tribal
governments to govern our respective social needs and traditional and
cultural ways, and tribal corporations, to engage in the economic
opportunities of our great country.
This reality has meant, and still means, that the Department of the
Interior is very much a part of our past, our lives today, and will be
in the future of the generations yet born. The DOI is a reality with
which every Native American lives. I am honored to leave my homeland
for a short time to engage in public service, but perhaps most
important, to support tribal nations, tribal corporations, and our
tribal people all across the country.
The mission of Indian Affairs at DOI is ``to engage in a robust
government-to-government relationship with federally recognized Indian
Nations and to collaborate with Indian organizations and corporations
to support socially, culturally and economically self-sufficient Indian
peoples''.
Members of the Committee, this mission statement is one that both
Secretary Zinke and I believe in. With the administration's support, I
would like to bring the vast talent of Native leaders around the
country to help move our collective tribal and corporate interests
forward.
I am both a product and a witness to the work of Native leaders to
address the challenges that each of our communities face--including
social services to protect our most vulnerable, the perpetuation of our
languages and cultural practices, investments in education, housing and
other infrastructure, and capacity building to develop economic
opportunities at home and across the country.
My life experiences throughout rural Alaska positioned me to watch
our community leaders overhaul the Bureau of Indian Affairs school in
my village. Previously, this school had only served my mother's
generation through the 8th grade. Native leadership led the conversion
of the school to a pre-K through 12th grade school system with a local
school board. This act of courage and partnership with the DOI changed
the trajectory of every generation that followed. Students no longer
had to leave home 10 months of every year to achieve a high school
diploma. Today, we have a locally governed school district, and we also
successfully operate the only accredited tribal college in Alaska,
providing degrees in higher education and vocational skills to our
young adults.
The Arctic is the most remote region in the United States. No roads
connect our communities, the cost of living is extremely high, our
people face significant social challenges and our region is plagued
with insufficient sanitation facilities. Unfortunately, this is akin to
the realities faced throughout the rest of Indian Country. To address
these needs, we accessed the resources of bond markets, local taxing
authority, and business investments to build a city water and sewer
system, a system that most Americans take for granted. The work is far
from done but we continue to push solutions forward. I will utilize
that same solutions-oriented perspective to serve all of Indian
Country.
My expertise is in business, government relations, and policy
development that facilitates good business practices. However, business
is but one facet of the well-being of Native peoples. It is one tool
that is intricately connected to our social and cultural well-being. I
know that the collective knowledge of our tribal leaders must be my top
priority to serve the mission of Indian Affairs and Tribal Nations.
With that in mind, if confirmed, I plan to spend my first 180 days
listening to tribal leaders and the Congressional Committees of
jurisdiction to hear the top priorities and establish a clear and
comprehensive Action Plan.
As a Native impacted by DOI, I understand that one appointment, my
appointment, is not a universal remedy. However, for improved and
effective service delivery, Indian Country needs a clear framework from
the Department, grounded in tribal consultation. This engagement will
give my tenure as Assistant Secretary the clear vision that is needed
to advance the priorities of Interior and our tribal nations.
I expect these consultations will produce a myriad of priorities.
Across this great country, from the southwest to the northeast, one
cannot paint Indian country with a single stroke. Indian country is not
a homogenous community. There are some stark and subtle differences
that make each tribe unique. I have great familiarity with energy
development, education, housing, telecommunications, and business
development issues, particularly within the context of rural and
geographical isolation; however, others will be new to me. As I have
been taught by my elders when taking on new ventures, in order to
achieve success I must be guided by the principles focused on a
humility to hear, to be taught, to contemplate and to act.
In closing, during any tenure this body may grant me, I fully
intend to make decisions in consultation, and to act on the best ideas
that moves Indian Affairs and the decision making of tribes forward,
not backwards. Should I be confirmed, your guidance and expertise will
be both expected and appreciated.
Quyanaqpak. Thank you for the opportunity to come before this
Committee. I am happy to answer any questions you may have for me
today.
______
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Information not released to the public.
The Chairman. Thank you, Ms. Sweeney.
We will begin questioning with five-minute rounds of
questions.
The President's budget request for fiscal 2019 proposes
creating an $18 billion public lands infrastructure fund. Money
in the fund would be used to address repairs and improvements
for BIA schools as well as national parks and national wildlife
refuges.
If confirmed, how would you use available resources to
repair and improve BIE schools?
Ms. Sweeney. Thank you for the question, Chairman Hoeven.
While I have not been involved in the discussions about
infrastructure or funding discussions inside the department,
when you look at the state of the Bureau of Indian Education's
schools, there certainly is a lot of work that needs to be
done.
In my first 180 days, my intention is to take a very
disciplined approach to working with Indian Country, to answer
your question, and engaging first and foremost in consultation
with tribes.
The Chairman. How about opioids? Obviously it is a problem
everywhere. What are your thoughts on how we combat the opioid
problem in Indian Country?
Ms. Sweeney. Whether it is methamphetamines or opioids, it
is an epidemic in Indian Country. Everyone sitting in this room
and people in Indian Country, there is no one untouched by this
epidemic. It is a very serious epidemic impacting our
communities.
My intention is to learn from tribal leaders, tribal
nations and Indian Country through consultation about what will
serve their communities best. In my opening statement, I said
Indian Country is not a homogenous community. What may work in
the southwest may or may not work in the Plains, Alaska or in
the Northwest.
First and foremost, working with Indian Country to
understand what works in their region certainly will be a
priority for me.
The Chairman. I agree with you on that point. One of the
things I have been struck by in my time as Chair of this
Committee is the incredible diversity in Indian Country. It is
just amazing. Some reservations are very rural, some are urban
but the differences out there are incredible. You are right,
one size does not fit all. I think that is a very important
point.
Another issue we are very concerned about is child safety.
As a matter of fact, I introduced legislation which we passed
in 2016, the Native American Children's Safety Act. It really
goes to making sure we have background checks in foster care
homes and those kinds of things.
How do you make sure we not only fully implement
legislation like that? Talk to me about what we can do on
behalf of children's safety.
Ms. Sweeney. Thank you again for that question.
With respect to child safety and the Act you referenced, I
am concerned there are barriers to entry for our Native
children in meeting the intent of the legislation you have
proposed. By that, I mean I am concerned that tribal entities
do not have the appropriate resources necessary to ensure
children are being placed in appropriate homes if a background
cannot be conducted. That is extremely concerning to me.
I would tackle that with my private sector experience by
working with the Department of Justice and other departments of
jurisdiction to address child safety issues. While we may not
be the experts inside of the Department of the Interior, there
are other experts throughout the Administration with which we
can build partnerships, leverage resources and work to tackle
this issue in partnership with this Committee.
The Chairman. Another area under HHS, even though it does
not come under your jurisdiction, is the Indian Health Service.
Again, any help you can provide is very important in terms of
not only protecting children, families and women, but also
their health care and health needs. It is certainly an area in
which you will need to collaborate as well in this position.
Vice Chairman Udall?
Senator Udall. Thank you, Mr. Chairman.
Ms. Sweeney, thank you for recently meeting with me to
discuss your nomination. As you may recall, we discussed the
importance of transparency and impartiality in your role as the
Assistant Secretary, if confirmed.
Since you possess birthright shares in the Arctic Slope
Regional Corporation, you promised me that you would ``totally
recuse yourself from any matter involving ASRC'' so that you
could avoid any conflicts of interest. That recusal includes
oil and gas development in the Arctic National Wildlife Refuge.
Will you honor that promise of recusal that you made to me?
Ms. Sweeney. Thank you for raising that issue, Vice
Chairman Udall. I did appreciate the time that we spent
together in your office and with your staff.
With respect to my ethics pledge, I have pledged to recuse
myself from any matters regarding Arctic Slope Regional
Corporation. I would have done that regardless of the pledge
because it is the right thing to do. To answer your question,
yes.
Senator Udall. Will you recuse yourself from any matter
that may benefit ASRC, including oil and gas development in the
Arctic National Wildlife Refuge?
Ms. Sweeney. My ethics pledge requires me to recuse myself
from all matters pertaining to ASRC and I will adhere to that,
yes.
Senator Udall. Thank you.
Ms. Sweeney, I come from an oil and gas producing State, so
I understand the importance of oil and gas development for jobs
and the economy. However, I also understand the importance of
recognizing when an area is simply too important to develop,
whether it be for preserving cultural heritage or protecting
sensitive ecology.
I believe responsible drilling and cultural preservation
are not mutually exclusive. In New Mexico, for example, we have
an area known as Chaco Canyon, a truly magnificent home to
ancient ruins, petroglyphs and other archaeological treasures
prized by many of the tribes in the southwest that maintain a
strong spiritual relationship to the land. However, Chaco is
also located in one of the most productive oil and gas regions
in the Country.
Do you believe there are places so important that natural
resources development, like oil and gas, should be off limits?
Ms. Sweeney. With respect to my nomination and the role of
Assistant Secretary for Indian Affairs, I believe in self-
determination. Working with tribal leaders and working with
Indian Country on their priorities is something important to
me.
I want to work with tribes, and if they are choosing to
develop their resources, whether extractive or renewable, my
role as Assistant Secretary, if confirmed, is to ensure tribes
have the tools necessary to exercise their right to full self-
determination.
Senator Udall. If confirmed, do I have your support to work
with me and my staff with respect to Chaco Canyon and the
concerns that tribes have there?
Ms. Sweeney. Yes.
Senator Udall. Looking from the outside, it appears that
Indian Affairs within Interior is in complete disarray. The BIA
director just resigned under a cloud of suspicion. Eight out of
the 12 regional directors in the BIA are temporary.
I have also just learned that Interior will replace the
Navajo Nation's long-time regional director with a D.C.
employee who has no connection to the Navajo community.
What will you do to stabilize the department and the Indian
Affairs team in these uncertain and turbulent times?
Ms. Sweeney. While I cannot speak to any of the personnel
or human resource type of activity taking place within the
department today, best practices in the private industry and
what I would bring to the department would be a very
disciplined approach to management, one where within the first
180 days, I intend to sit down with department staff to
understand the challenges in the department and understand what
issues we face with respect to personnel management.
How can we fill those gaps? How can we ensure the employees
within the department are staying true to the mission? Put
politics aside, Indian Affairs is the department of self-
determination.
I am committed to upholding the trust responsibility to
Indian Country, to ensuring the Federal Government is, in fact,
fulfilling that responsibility and advocating for that in the
Administration.
In order to ensure that we have a very strong workforce, it
is important to create that alignment in the department. I want
people who are committed to the mission working for Indian
Affairs.
Senator Udall. Thank you for that answer.
Thank you, Mr. Chairman.
The Chairman. Senator Murkowski.
Senator Murkowski. Thank you, Mr. Chairman.
Thank you, Tara, for being here, your willingness to serve
and that of your family. Because it is family service, we
appreciate that.
I want to follow up on the comments the Vice Chairman just
made about some of the issues within the agency itself, within
the BIA. It is really disconcerting to see the news reports
that this individual just resigned, stepped down, or was fired,
but then further, to learn you had investigations going on that
speak to, allegedly, widespread harassment problems within the
Bureau of Indian Affairs.
I think it goes to the challenge, the charge that you heard
from both Senators Tester and Heitkamp. You are walking into an
agency that has lacked leadership and discipline that you just
committed to bring.
It is discipline in management, working with personnel to
understand they take with the same fierce determination you
have just articulated what the mission is. We really do need
you to shake it up. I have confidence in you and know you to be
one who is not afraid to shake it up, make some waves, and to
do the right thing for the right reasons.
As I have talked to colleagues about you and your
background, one of the things I have heard is they seem a
little bit uncertain. I am such an unabashed proponent of the
fact this will be the first Alaska Native woman nominated to
this position. But they are a little worried that you might be
too Alaska-centric, that you do not have that breadth of
understanding with regard to tribes in the lower 48.
Can you speak to that part of your portfolio, your skill
set, and give my colleagues assurance that you will be the
Assistant Secretary for BIA and all of Indian Country,
including our Alaska Native peoples?
Ms. Sweeney. Thank you for your question.
Senator Murkowski, when you remove geography from the
equation, the social issues that Alaska Natives, American
Indians and Native Hawaiians face are the same. I come from a
region that has 638 compacting to deliver health care. I come
from a region that has a regional tribal housing authority. I
come from a region that had BIA as part of our school system.
When you look at the social issues that we face in Alaska,
opioids and meth addiction, domestic issues, educational
challenges, as I have worked within Indian Country and with
Indian leaders across this Country, we are more alike than we
are dissimilar. We have more similarities.
For those who may feel that I am too Alaska-centric or I do
not have lower 48 experience, I want to dispel that myth
because I am committed to working very hard for Indian Country
and, I would say, for Native self-determination regardless of
geography.
Senator Murkowski. Going beyond geography within the
confines of our own borders, your role as the founding Chair of
the Arctic Economic Council, building that organization from
really nothing into this pan-Arctic organization that really
shares best practices with regards to economic development and
sustainability, how does that experience translate to your
ability to guide, manage and bring about discipline within the
Bureau of Indian Affairs?
Ms. Sweeney. The Arctic Economic Council was certainly a
challenge, because we had eight Arctic nations at the table and
representatives from indigenous organizations within the
circumpolar Arctic region. Starting with a budget of zero and
no permanent administrative offices, we had to get to work and
build an economic association that represented the economic
needs of the people of the Arctic.
The AEC is structured similarly to the Arctic Council where
the State Department represents the United States Government.
The chairmanship terms mirror the same terms you will find
within the Arctic Council. They are two-year terms, much like I
believe what would be left in this appointment here.
During that timeframe, with the partnership of the other
Arctic countries, we were able to negotiate with the Norwegian
government to provide three years of initial funding for the
administrative offices. We were able to locate permanently the
administrative secretariat offices in Tromso, Norway.
We were able to establish an international organization
with protocols and rules of procedure that help govern and
guide the discussions about economic development in the
circumpolar Arctic.
Taking that experience, whether it is in Alaska, through my
private experience with the Arctic Slope Regional Corporation,
or the international experience I have had in standing up an
organization, I want to take that same energy, those same
experiences and translate that into the work at Indian Affairs
because there is so much work that needs to be done. I am up
for that task.
Senator Murkowski. I know you are.
Ms. Sweeney. Thank you.
Senator Murkowski. Thank you, Mr. Chairman.
The Chairman. Senator Tester.
Senator Tester. Thank you, Mr. Chairman.
Once again, Tara, thank you for being here.
I am going to make this very quick because in my opening
statement, I pretty much made my points, you nodded your head a
lot, so I like that.
I will tell you that in the last two weeks as I was back in
Montana, I have had two tribes approach me about law
enforcement. That means we have a problem largely with land-
based tribes. I do not need to tell you, because you are from
Alaska, about large land bases.
A lot of these tribes have reservations that are bigger
than most States. I should not say most, but a lot of the
States on the East Coast, so it is a big deal.
If you are confirmed, could you take a look into that to
see what kind of resources are available to help these folks? I
can give you a list. It is all seven tribes in Montana that
need the help. You can start with Fort Belknap and Blackfeet.
The only other thing I would like to add is that we have a
tribe called the Little Shell in Montana, the Little Shell of
Chippewa Indians. For over a generation, in fact multiple
generations, they have been trying to receive recognition. They
have had it and had it rescinded. It has been a mess.
We have put pressure on Interior to do it and I would hope
Interior would do it. We have recognized someone's tribes
congressionally and I guess they do not have a problem doing
that either except that it really is Interior's job.
In a bipartisan effort, I along with Senator Daines, when
Secretary Zinke, the Secretary of the Department of Interior,
was a congressman, he also had a bill to have recognition. The
governor supports it; the attorney general supports it; the
legislature supported recognition for the Little Shell.
I would just ask that this be on your priority list once
you are confirmed. May I have that commitment?
Ms. Sweeney. Senator, I understand both issues you have
raised are very important to you. I look forward to working
with you on them.
Senator Tester. Absolutely. Thanks again for being here.
Thank you, Mr. Chairman. How is that for being efficient?
The Chairman. We gave you the same number of minutes as you
have fingers on your left hand. It is good you did not have
more questions.
Senator Smith.
STATEMENT OF HON. TINA SMITH,
U.S. SENATOR FROM MINNESOTA
Senator Smith. I hardly know how to follow that.
Ms. Sweeney, it is so nice to have you here. I would like
to thank you for your willingness to serve and for being here
today.
Though I hail from Minnesota, I went to high school and
middle school in Anchorage, Alaska. I would love to have a
chance to compare notes with you, though I think I am a bit
older than you are.
I would like to ask you a couple of questions. First, in my
time with this Committee, I have heard from so many of my
colleagues, both Democrats and Republicans, concerns about the
budget cuts and inadequate funding of programs in Indian
Country.
I am so proud to be here giving voice to the 11 sovereign
tribal nations of Minnesota but we have heard this from all
over the Country before this Committee. Personally, I am
worried about cuts to tribal housing programs and also the
energy assistance programs. All of these are really needed and
important.
I appreciate the commitment you made in your testimony to
upholding the Federal Government's trust and obligation to
tribes. I would like you to talk a bit about how you would
balance that solemn trust and obligation that you would have,
that we have, with the need to fund the responsibilities that
we have in Indian Country?
Ms. Sweeney. Thank you for your question, Senator Smith.
My management style is of transparency. I work to build
high caliber teams. I also hold my employees accountable and
provide the metrics for success so that, at the end of the day,
we know what success will look like. Having measurable results
is going to be very important to me, if confirmed.
When you talk about balancing the needs with the funds,
first and foremost, I want to be boots on the ground. I want to
go out and consult with tribal leaders on what their needs are
in terms of funding, but also the tools Indian Affairs needs to
provide so they can exercise their right to full self-
determination.
Senator Smith. Can you commit to working with me and others
on this Committee to make sure you have the resources you need
to be able to fulfill that obligation?
Ms. Sweeney. Yes.
Senator Smith. Thank you.
I would like to touch on one other thing I know is also
extremely important to others on this Committee as well. This
has to do with the reality, as I am looking at some data, that
more than half of American Indian and Native Alaskan women and
more than one in four men have experienced sexual violence in
their lifetime.
This is a huge challenge. I hear from our tribal
governments in Minnesota that there is this big challenge in
terms of non-Native people committing crimes of sexual violence
on Minnesota reservations and Indian Country all over the
Country.
There has just been an inability of tribal governments to
prosecute and sometimes an unwillingness of non-tribal
governments around reservations to prosecute, to follow up and
hold people accountable for this.
It is an issue of huge worry to me. Senator Murkowski and I
are working to introduce legislation that would recognize and
affirm an Indian tribe's inherent power to exercise their
criminal jurisdiction over non-Indians when they commit crimes
of sexual violence.
I would like to know if you would be willing to work with
us? Can you commit to working with us and the Department of
Justice on this terrible problem?
Ms. Sweeney. I certainly look forward to working with the
Committee on how best to address these gaps in tribal
authority. I am also a very strong advocate for breaking down
silos. If I have to, in my role as Assistant Secretary, if
confirmed, reach out to other departments, agencies or bureaus,
I am willing to do that.
Senator Smith. Thank you very much.
I am out of time but I would like to have a chance to
follow up, if I could, Chair Hoeven, on the Prairie Island
Indian Community in Minnesota which is on an island in the
Mississippi River.
They have two significant issues that directly affect them.
One is the impact of flooding caused by an Army Corps of
Engineers dam that regularly floods their small piece of land.
The other is the presence of a nuclear power plant with spent
nuclear fuel within a stone's throw of where members of Prairie
Island live.
This is of huge concern to them. I would like the
opportunity to have a conversation with you about that and work
with you to find a solution to these problems.
Ms. Sweeney. I welcome that opportunity.
Senator Smith. Thank you very much.
Thank you, Chair Hoeven.
The Chairman. Senator Cantwell.
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman.
Congratulations on your nomination.
I know I am late coming to the hearing. We were trying to
discuss various health care issues with one of our tribal
leaders from the Northwest.
First of all, I think my colleague asked you about recusing
yourself from the Arctic Slope Regional Corporation interests,
is that right?
Ms. Sweeney. Yes, he did.
Senator Cantwell. Does that mean you also would not seek a
waiver during your time in this position to ask Interior to
waive that recusal?
Ms. Sweeney. I have the ethics pledge I have signed. I
worked with DOI Ethics and provided them with information about
my entire background throughout this process. They presented me
with this ethics pledge that I have signed and continue to
reaffirm that with matters directly affecting or with respect
to Arctic Slope Regional Corporation, I will recuse myself,
yes.
Senator Cantwell. So you would not seek a waiver from that
later and say, in this case, I should be able to weigh in?
Ms. Sweeney. No.
Senator Cantwell. Thank you.
Ms. Sweeney. I will consult with Ethics if there is even an
appearance of a conflict. My first stop is going to be Ethics.
Senator Cantwell. Yes, thank you, I think you answered it.
Maybe you can follow up and put it in writing too. You could
ask or petition to waive that later so that you could weigh in
on something. We want to make sure you understand the question
I am asking.
Ms. Sweeney. I certainly do understand your question,
Senator. I will not be seeking a waiver.
Senator Cantwell. Thank you.
On environmental laws, what do you think are the most
important issues for empowering tribes to have a voice in the
Federal system?
Ms. Sweeney. When you look at empowering tribes or
empowerment in Indian Country, it is about breaking down silos,
about creating ambassadors outside of Indian Country, much like
members of this Committee, to advocate for responsible policy
with respect to Indian economic development, Indian
environmental protections, safe communities, housing, and
infrastructure.
It is also about bringing together thought leaders and
industry experts. First and foremost, with respect to your
question on environmental policy in Indian Country, as
Assistant Secretary, if confirmed, I am going out to Indian
Country and have that tribal consultation.
I believe decisions about me should not be made without me.
It is important to provide that voice. The only way to get that
perspective is by going local and working with tribal leaders.
Senator Cantwell. I would say a lot of our Pacific
Northwest tribes have counted on those environmental laws to
make sure their issues on fishing rights and environmental
issues are looked after in a government-to-government
relationship.
I would just hope you will give them your focus. I know the
Interior Secretary, at large, said something similar. I am not
seeing all the evidence of that. He had a very different
experience in Montana as a congressman and seems to ignore some
of these as Secretary of Interior.
How important do you think taking land into trust is for
Indian Country?
Ms. Sweeney. Senator, thank you very much for your
question.
I want to close the loop on that last discussion and state
for the record, Native Americans are the Aboriginal
environmentalists of this Country. I understand the importance
of that connection to the land and the environment because that
also defines why I am who I am as an Inupiaq from Alaska.
Going back to tribal consultation, the same approach
applies when the Department of Interior, Indian Affairs, is
looking to impact the daily lives, the policies and decisions
that impact Indian Country, we have to, first and foremost, put
meaningful consultation at the forefront.
With respect to land into trust, there is a process for
that. I am committed to working within the law. I am also
committed to working with tribal leaders on land-into-trust
issues.
Senator Cantwell. Thank you.
I know my time has expired, Mr. Chairman. I would just say
that I think, as it relates to two big issues on development,
the Army Corps in the Pacific Northwest definitely consulted
with the tribe, but not so much that that happened in other
parts of the Country on major projects.
We look forward to having your voice on those issues and
upholding those environmental laws that are so important for
them to be able to participate. Thank you for your answer on
land-into-trust. I might follow up, if I could, Mr. Chairman,
with a written question on that just to clarify.
We get that in your position, you are going to have people
from different parts of Indian Country and we welcome that. We
just want to make sure you understand the priorities that
Indian Country has in our part of the world.
Land-into-trust has been a very big tool, the Port of
Tacoma and the Puyallup Tribe that worked to make that bigger
than the Port of Seattle all because they had the ability to
take land into trust. We want to see it continue as an economic
development tool.
Thank you.
Ms. Sweeney. Senator, I certainly appreciate your
perspective and understand these issues are important to you. I
am willing to work with you and your staff on issues pertaining
to your State.
I would like to say that Alaska and Washington have had
such a collegial relationship in our histories. If you look at
the leadership the Yakima Nation provided to the Alaska Native
community in the 1960s when oil was first discovered and we
were trying to figure out what we were going to do with our
land claims and how we were going to assemble, it was through
their leadership and support for our right to self-
determination that we were able to come together as an Alaska
Native community to have the debate.
It was their financial support that enabled people to
travel great distances to engage in that meaningful
conversation that then led to the Alaska Native Claims
Settlement Act. I hope in my tenure I can be a bridge between
Alaska and Washington.
Senator Cantwell. You will never get me to disagree that
our Washington tribes show a lot of leadership.
Ms. Sweeney. Thank you.
Senator Cantwell. Thank you.
The Chairman. Senator Daines.
STATEMENT OF HON. STEVE DAINES,
U.S. SENATOR FROM MONTANA
Senator Daines. Thank you, Mr. Chairman.
I would first like to welcome Councilmen Morin and Stiffarm
from the Fort Belknap Indian Community who have come a long way
to be here with us from Montana. Welcome. It is good to have
you both here.
In my capacity as Chair of the Energy and Natural Resources
Subcommittee on National Parks, I have led the charge against
sexual harassment within the National Park system. I have done
the same with respect to findings of misconduct within the U.S.
Forest Service.
It is not talked about nearly enough that the Bureau of
Indian Affairs actually suffers from the highest rates of
harassment of any agency within the Department of the Interior.
The department's September 2017 report details an estimated 40-
plus percent of employees experience one or more forms of
harassment over the course of a year. Those numbers are
staggering.
I applaud Secretary Zinke's efforts to reduce harassment
and assaults at Interior but it is going to take the leadership
of the entire department and staff like you will be critically
important to make that effort effective.
Ms. Sweeney, if confirmed, what would you do to combat
sexual harassment within the department?
Ms. Sweeney. Thank you for your question, Senator Daines.
To combat sexual harassment, first and foremost, I have a
zero tolerance policy for sexual harassment. I strongly believe
in creating a safe work environment for our employees. No
employee should ever fear coming to work because of harassment.
It is going to be important to take best industry standard
practices from the private sector and translate those into the
public sector and working obviously with staff to ensure that
it is a harassment-free environment.
Senator Daines. Detailed in a footnote in the DOI
harassment reports is the fact that less than 10 percent of
Bureau of Indian Education employees chose to even participate
in the study. In fact, the report noted, ``The low BIE response
rate resulted in too few cases for inclusion and analyses due
to the unreliability of the estimates.''
The first question is, do you see that as a problem and
second, what would you do to increase reporting of assault and
harassment?
Ms. Sweeney. I certainly do see that as a problem, Senator.
In my opening statement, I referenced my first 180 days taking
a very pragmatic and disciplined approach to understanding the
issues facing the department.
First and foremost, I would have internal briefings with
staff and then, learn about other issues impacting Indian
Country from other departments, bureaus and agencies. That
would empower me with that knowledge to then sit down with the
tribal leaders in Indian Country to have that discussion.
I believe with respect to harassment, whether just inside
the department or systemic throughout Indian Country
workplaces, we have to combat that. It is unacceptable for
employees to come to work in fear.
Senator Daines. Thank you.
Shifting gears, last month I received a letter from the
Crow Tribe's judicial branch detailing how BIA caseworkers
regularly fail to show up for child abuse and neglect hearings,
depriving the tribal court of potentially life-saving
information regarding the whereabouts and well-being of these
children under the court's custody, among other serious
shortcomings.
In fact, the 2017 Montana Child Abuse and Neglect Report
revealed 14 child fatalities in Montana in a one year period.
Four of them were Indian children. Doing some rough math, that
is about 28 percent, although our Native populations in Montana
are approximately 7 percent, so literally four times. I realize
it is a smaller population size but we are talking about the
lives of children.
At the end of last year, my bill to protect Indian and non-
Indian children alike from the devastating effects of parental
methamphetamine use became law. But there is still a lot of
work to be done.
Ms. Sweeney, would you see better coordination across
Federal departments and agencies as essential to preventing
child abuse and neglect in Indian Country.
Ms. Sweeney. Thank you for your question, Senator Daines.
To answer succinctly, yes, I do. I believe in breaking down
silos. I also believe in creating strategic partnerships to
address issues. Child safety and child neglect is one issue and
there are many others.
Senator Daines. Looking at the agencies, HHS, DOJ, DOI,
oftentimes we get the proverbial stovepipes in getting better
coordination and help.
Last is just a comment. I am working with DOI officials at
this very moment to hold the local BIA caseworkers accountable
to ensure the safety of the children in the Crow tribal court
instance I brought up.
Thank you.
Ms. Sweeney. Thank you.
The Chairman. Senator Murkowski.
Senator Murkowski. Thank you, Mr. Chairman.
I have one more policy-related question regarding the 477
legislation. It is no longer legislation; it is now law, the
Indian Employment and Training Related Services Initiative. I
think we all recognize what a great tool that was across Indian
Country to really streamline services and really help us do
some leveraging.
We have now made this demonstration project permanent in
terms of working across departments, as Senator Daines
discussed, with employment, the tribal agendas, and really
working to advance that. I understand that they are working now
within BIA to get some MOUs out there in a timely manner. That
will be important.
There is a process yet to get you firmly situated in this
position for which you have been nominated but my hope is that,
once you are confirmed, you will work aggressively with these
other departments to help educate them about the benefits of
this initiative.
We recognize internally how those benefits play out but in
order to get everyone to work well together, it is going to
require some education. I do not know if you have thought about
what your plan might be to help facilitate that but know it is
going to be important as we move forward.
Ms. Sweeney. Thank you, Senator Murkowski.
With respect to the 477 legislation, the program, while I
cannot speak directly to the status inside the department
today, if confirmed, I am absolutely committed to innovative
approaches to workforce development.
I believe workforce development provides opportunities for
our people. Through those opportunities, we have the ability to
then lift up our communities. Working as the lead agency under
the 477 program is very exciting but I also understand the task
ahead in educating other departments and Indian Country on the
benefits of a program of this nature.
I am excited about that program and am certainly looking
forward to creating innovative ways for workforce development
in Indian Country.
Senator Murkowski. Great. It is so important. I want to
conclude my comments and I appreciate the second round, Mr.
Chairman.
When you have repeated that you view part of the
responsibility here to breakdown silos, I cannot stress enough
how important it is. Think about the title for which you have
been nominated, Indian Affairs. What is that? That is housing,
energy, commerce, labor, justice, education, small business,
and transportation.
You know what? We have Secretaries and Cabinet members for
each one of those. You are tasked with the oversight of all of
this, so we need you busting down doors and saying, we have to
talk about how our Native people are going to be the most
skilled, best trained, and able to take advantage of all kinds
of efforts. You need to be knocking on the door of the
Secretary of Education and demanding assistance with how we
make sure that our Native children receive the best education
possible, health care, energy and it goes on and on.
The responsibility the President has asked you to take on
is an extraordinary one. It is challenging. I do have
extraordinary confidence, but it will require inserting
yourself in places where I do not think the Assistant Secretary
for the BIA has ever felt comfortable moving into.
I think that has been part of the problem. The BIA has been
kind of put on the side, we will get to it when we get to it.
Funding, hmm, we will work on that budget when we get to it.
Inserting yourself into these places so that it is clearly
understood this trust responsibility we have for our Native
peoples around this Country is one that cannot be traded away
or low-balled on the priority list. So it is big but I know you
got it.
Ms. Sweeney. Thank you, Senator Murkowski, for the
confidence. I certainly appreciate it.
I am up to that challenge. For those who know me, they know
that I work with no fear because fear has no place in the way I
conduct myself or in how I conduct myself in the business
world. I am not afraid to kick down doors if I have to or
politely knock on that door, but I am persistent.
I have a vision for Indian Country that is economic
empowerment. That includes breaking down those silos. It
includes supporting sovereignty and the trust responsibility
for Indian Country and providing them with the policies, the
procedures and the tools to exercise their right to self-
determination.
Senator Murkowski. Thank you.
Ms. Sweeney. Thank you.
Senator Murkowski. Thank you, Mr. Chairman.
The Chairman. Vice Chairman Udall.
Senator Udall. As I said in my opening, a successful
Assistant Secretary for Indian Affairs must be an informed and
effective advocate for Indian Country priorities. If confirmed,
that responsibility to advocate will rest on your shoulders not
only with Congress and the Interior Department but with the
entire Federal Government. I think that is really the point
Senator Murkowski was making, the entire Federal Government.
I say this because since this Administration began it has
expressed several positions that call into question the Federal
trust responsibility and the United States treaty obligations
to provide tribes with health care, education, housing and
other social services.
It is not clear if these statements were due to lack of
familiarity with Federal Indian law. This is the possibility
that concerns me most, whether they were made with willful
disregard for these well-established principles.
The most recent example involves the Centers for Medicare
and Medicaid Services which questioned the unique legal status
of Indian tribes under Federal law. Five members of this
Committee signed my letter correcting CMS's apparent legal
misunderstanding and urging HHS Secretary Azar to revise the
stated misinterpretation by the agency.
While the agency has since walked back its position
somewhat in response to my letter, it is clear that more
education on basic tenets of Federal Indian law is still
desperately needed. How are you going to address any future
fundamental misunderstanding of Federal Indian law among the
Executive?
Ms. Sweeney. Thank you for your question, Vice Chairman
Udall.
With respect to Federal Indian law and the Administration,
I view my role as Assistant Secretary, if confirmed, as an
advocate for Indian Country inside the Administration, inside
the leadership of the department, but also across the Executive
Branch. If we have to salt other departments with some
education on the Federal trust responsibility to Indian
Country, I am more than willing to do that.
Senator Udall. Great. Will you commit to defending the
unique legal status of American Indian and Alaska Native
tribes?
Ms. Sweeney. That would be my role as Assistant Secretary.
Senator Udall. Great. Thank you, Ms. Sweeney.
The Bears Ears National Monument is a living cultural
landscape of desert canyons and mountains that contains tens of
thousands of archaeological sites, rock paintings, cliff
dwellings and ceremonial kivas.
Many tribes, including some New Mexico tribes, consider the
Bears Ears their ancestral home. I know President Begaye from
the Navajo Nation, who walked in moments ago, has been a great
advocate for that.
The effort to protect this special place by a monument
designation came on the heels of years of hard work by the
Bears Ears Intertribal Coalition and unified support from
tribes across Indian Country, including the National Congress
of American Indians.
Despite this strong tribal support, the national monument
was rescinded. This move was unprecedented and ill-advised, in
my opinion. I know that much of Indian Country agrees. As I
have stated, if confirmed, will you be the highest ranking
advocate for Indian Country within this Administration?
Ms. Sweeney. Thank you, Vice Chairman Udall.
With respect to your question, I cannot speak for the
process upon which the Administration has arrived at those
decisions simply because I am not at the department. Moving
forward, if confirmed, my role as Assistant Secretary would be
to advocate for Indian Country in those discussions.
Senator Udall. In light of that, I think you hit it on the
head, I would like to know whether you will commit to clearly
communicate and explain Indian Country's opposition to the
Bears Ears decision at the highest levels within the department
and at the White House?
Ms. Sweeney. That would be within my role as Assistant
Secretary, yes.
Senator Udall. Ms. Sweeney, I am sure you are aware that
the BIE was added to the Government Accountability Office's
high risk list. The Bureau had a number of problems over the
years and we all agree that more must be done at the BIE.
I would like to end by inviting you out to New Mexico to
see the variety of BIE schools, especially to see examples of
tribal and student success within the BIE framework. I look
forward to seeing you out there. Thank you very much for your
testimony today.
Ms. Sweeney. I welcome the opportunity.
Senator Udall. Thank you, Madam Chair.
Ms. Sweeney. Thank you.
Senator Murkowski. [Presiding.] Senator Cortez Masto.
STATEMENT OF HON. CATHERINE CORTEZ MASTO,
U.S. SENATOR FROM NEVADA
Senator Cortez Masto. Thank you, Madam Chair.
Ms. Sweeney, welcome and congratulations on your
nomination. Thank you for taking the time to visit with me. We
had a great conversation.
Welcome to your family. Believe it or not, I have spent
some time in Barrow, Alaska. Let me say, Eskimo ice cream is
not the ice cream that I know.
Let me just point out that Chairman Torres from Nevada with
the Walker River Paiute Tribe is here.
As you well know, we had this conversation about so many
incredible tribal communities in the State of Nevada who all
have the same concerns that you have heard, in a bipartisan
way, from all of my colleagues, that we need an advocate,
someone who is going to fight for our tribal communities. We
have a system that appears to be broken and we need to fix it.
I would like to start with an issue that has come to my
attention and I am disappointed that do not have more
information. I am hoping you can help me with this.
The Department of the Interior's fiscal year 2019 budget
justification includes almost $18 million to begin the process
of reorganizing of the Department of the Interior along 13
regional offices, yet the department has provided little
information to Congress.
This request includes roughly $900,000 to support the
department's migration to common regional boundaries. I have
seen only a draft of the map which would cut my State in half.
I have been hearing from my constituents, from farmers and
ranchers, conservation groups and our tribes who fear the
creation of joint management areas would create another
bureaucratic layer or an additional level of authority.
The question I have for you is, one, have you been briefed
on the reorganization plan or do you know anything about it?
Second, how would you address the concerns I am hearing from my
constituents and I am sure across the Country as this
reorganization occurs?
Ms. Sweeney. Thank you for your question.
I have not been briefed on the reorganization so the
actions that have been taken by the department to date, I am
not read in on. So I am not familiar with how they have arrived
at the decisions they have made.
Moving forward, if confirmed as Assistant Secretary, again,
as I stated before, I want to be boots on the ground in Indian
Country. I want to sit down and meet with tribal leadership to
understand what their needs are and engage in meaningful
consultation. With a reorganization effort that may be
underway, it warrants that engagement.
Senator Cortez Masto. I appreciate that. The next question
I have for you is, can you describe what you consider
appropriate tribal consultation in this area? Let me just
caution you, at this very hearing, at the same table, we had
representatives from the Department of the Interior who
basically said they haven't even had any tribal consultation
yet. They have not talked to the tribes about this
reorganization, even though it has been an ongoing plan for
some time.
What do you envision that tribal consultation to look like?
Ms. Sweeney. I would envision not a check the box
mentality. I have sat on the other side of consultation
meetings before. In the past, in the private sector, in my
professional experience, at times, depending on the department,
the mentality is very different. I am not going to bring a
check the box mentality.
I truly believe in stakeholder engagement. I believe in
going local first because that is the de-risking agent to any
policy project, understanding that local perspective. That is
the background that I bring coming from the private sector and
the advocacy work I have done on behalf of our people on the
North Slope and in Alaska. I want that to translate into Indian
Affairs.
Meaningful consultation means engagement with tribal
leadership. Meaningful consultation means listening and hearing
the message but also working with the tribal communities to
find the appropriate answers to advocate inside the department.
As Assistant Secretary, my role inside the department will
be to aggressively advocate for those policies.
Senator Cortez Masto. Can I also take that to mean that to
be an advocate, if you are not invited into the board room to
be there to represent tribal communities, that you force your
way in or at least try to be there to be a voice if you are not
invited to represent the tribal communities in this
reorganization?
Ms. Sweeney. I wish you knew my grandmother.
Senator Cortez Masto. I will take that as a yes.
Ms. Sweeney. Let us just say I am persistent.
Senator Cortez Masto. Good. That is what I am looking for.
I am also looking for a commitment that you would be
willing to come back to the Committee as well and share with us
always information that you need. I think my colleague, Senator
Heitkamp, said it best. What we are looking for is an advocate
here as well. We need to know what we should be doing.
We are all here in a bipartisan way to support our tribal
communities, to support getting the resources where they need
to be. Our goal has been to ensure we are hearing from you but
you need to also let us know what you need.
Ms. Sweeney. I welcome the opportunity to work with this
Committee on such policies.
Senator Cortez Masto. I have one more question. I know my
time is running out. It is just a follow-up on Ranking Member
Udall's question on monuments.
Nevada, as well, has two new monuments, Basin and Range
National Monument and Gold Butte. Both of these national
monuments also contain important tribal cultural resources in
need of protection. One of them, Gold Butte, is one that has
been recommended by the Secretary of the Interior to change its
boundaries.
My question for you is how will you defend against
executive action proposing to diminish or eliminate these
national monuments?
Ms. Sweeney. Again, while I have not been involved in the
decision-making process to date, I certainly understand this
issue and the monument designation issue. It is important to
you and other members of this Committee. I look forward to
learning more about that.
Senator Cortez Masto. Thank you.
Thank you, Madam Chair. I appreciate the extra time. Thank
you.
Senator Murkowski. Thank you, Senator.
I am done. I have had an opportunity to ask my questions
and I am pleased you were able to field a range of questions. I
think you can see from this Committee we are one that I think
really takes our role as members of the Indian Affairs
Committee very, very seriously.
I have had an opportunity to serve on this Committee every
year since I came to the Senate. I have found there is a level
of passion and these issues are so bipartisan. The issue that
Senator Tester talks about, law enforcement, and what Senator
Smith and I are working on, being able to provide for greater
protection for the safety of people, it is not Republican or
Democrat, it is just trying to find the right solutions for our
Native people.
Some of the issues are very parochial to issues that may
relate to tribes within the members' regions. We expect you to
know all the finite little details of all of that and then the
broader picture of the policies as they relate to land-into-
trust, to workforce development and to economic opportunities
and empowerment for our Native people.
The responsibilities are considerable but you, in my view,
have certainly said those things I was hoping to hear, that you
take very seriously the responsibility for consultation and
that will be executed in a meaningful way and not, as you used
the term, checking the box, to make sure you are in those
places where Native voices need to be heard and represented,
whether you are invited or not, to break down the silos when it
comes to funding and within the bureaucracy, bring a discipline
in management to an agency that many of us feel is broken
internally right now.
That is going to require a lot of time and emphasis working
within your team to build that team because there are a lot of
people around this Country relying on you and your team to be
very, very successful.
Again, I know you are up to the challenge. I have every
degree of confidence. I could not be more proud as an Alaskan
to be able to help shepherd you through this process. I am
certainly going to urge the Chairman and Vice Chairman of this
Committee that we expedite a markup to move your name out of
Committee to the Floor.
We have been without leadership at the BIA for far too
long. We need exactly your type of leadership. I thank you for
your willingness to serve, the willingness of your family to
back you, and the many, many friends who helped make you the
woman you are.
If there are no more questions for today, members may also
submit follow-up written questions for the record. I would ask
members do that promptly. I would also ask the nominee to
respond fully and promptly to any follow-up questions we may
have and also meet with any remaining Committee members who may
wish to do so.
I think Senator Cantwell mentioned she was going to have a
follow up or perhaps an opportunity to discuss further but the
record will remain open for one week.
I want to thank you for your time and your testimony.
With that we stand adjourned.
[Whereupon, at 5:46 p.m., the Committee was adjourned.]
A P P E N D I X
Choctaw Nation of Oklahoma
Durant, OK, October 20, 2017
Hon. Ryan Zinke, Secretary,
U.S. Department of the Interior,
Washington, DC.
Re: Choctaw Nation Support for the nomination of Tara
Sweeney for Assistant Secretary--Indian Affairs
Dear Secretary Zinke:
Halito (Hello) and warm greetings from the Choctaw Nation of
Oklahoma. I am writing to express our appreciation to you and the
President for nominating Tara Sweeney to be Assistant Secretary--Indian
Affairs at the Department of the Interior.
We were pleased to hear the announcement of her selection. That
post is of great importance to the Choctaw Nation and to all tribal
nations. From reports we have heard from others who know Ms. Sweeney,
we believe she will ably and honorably fill that position. Having a
Native woman of her stature and experience as Assistant Secretary will
bring added value to the Department, especially in the areas of
economic self-determination and self-sufficiency that are so vital to
the welfare of our tribal citizens. We have great hopes that Ms.
Sweeney's impressive economic experience will positively shape federal
Indian policy in a way that honors our treaties, respects our
governmental status, and removes federal obstacles to tribal economic
development throughout Indian Country.
Yakoke,
Gary Batton, Chief.
______
National Congress of American Indians (NCAI), May 9, 2018
Hon. John Hoeven,
Chairman;
Tom Udall,
Vice Chairman,
Senate Committee on Indian Affairs,
Washington, DC.
Re: Support for the Nomination and Confirmation of Tara Mac
Lean Sweeney to Serve as the Assistant Secretary for Indian
Affairs
Dear Chairman Hoeven and Vice Chairman Udall:
I write to you on behalf of the National Congress of American
Indians (NCAI), the oldest, largest, and most representative American
Indian and Alaska Native organization serving the interests of tribal
governments and communities, regarding the nomination of Tara Mac Lean
Sweeney to serve as the Assistant Secretary for Indian Affairs. The
Department of the Interior has an essential role in upholding the
federal treaty and trust obligations. Accordingly, there is perhaps no
more important pending nomination to ensuring the Administration is
well-positioned to honor the centuries-old government-to-government
relationship between Indian tribes and the United States.
Ms. Sweeney has demonstrated she meets the qualifications of the
office. She is a member of the Native Village of Barrow and the Inupiat
Community of the Arctic Slope, and she has a strong record as an
involved community member and leader. Ms. Sweeney has demonstrated her
commitment to Alaska Native and tribal issues working for nearly two
decades for her Native regional corporation and as Co-Chair of Alaska
Federation of Natives (AFN). Through this service, as well as her
considerable work with business and non-profit boards, she has gained
extensive administrative experience and demonstrated her proficiency as
a leader. She has also served the public as the Special Assistant of
Rural Affairs and Education to the Governor of Alaska. Given her
experience and leadership qualities, we believe Ms. Sweeney has the
ability to meet the demands of the Office of Assistant Secretary for
Indian Affairs.
Success as a leader depends both on an individual's merits as well
as the strength of the team surrounding that individual. This is
especially true for the Office of the Assistant Secretary for Indian
Affairs due to the Department's extensive responsibilities to the 573
federally recognized Indian tribes. We encourage the Department to
ensure that it has the appropriate personnel in place to uphold its
treaty and trust obligations to all of Indian Country.
In light of the foregoing, NCAI hereby offers its support for the
nomination and confirmation of Tara Mac Lean Sweeney to serve as the
Assistant Secretary for Indian Affairs. Please do not hesitate to reach
out to NCAI Executive Director Jacqueline Pata if you have any
questions.
______
U.S. Chamber of Commerce, October 17, 2017
Hon. John Hoeven,
Chairman;
Tom Udall,
Vice Chairman,
Senate Committee on Indian Affairs,
Washington, DC.
Dear Chairman Hoeven and Vice Chairman Udall:
The U.S. Chamber of Commerce strongly supports the nomination of
Tara Sweeney as Assistant Secretary for Indian Affairs at the
Department of the Interior.
Ms. Sweeney would bring a wealth of experience to the position,
having been engaged on a host of policy issues important to Indian
Country with two decades of leadership positions at the Arctic Slope
Regional Corporation.
She is a long-serving board member as well as past co-chair of the
Alaska Federation of Natives, whose goal is to encourage economic
development consistent with the needs of Alaska Natives.
Ms. Sweeney is also active internationally; she is a past chair of
the Arctic Economic Council, an international organization focused on
growing business and economic development in Arctic nations.
The Chamber has also had a long relationship with Ms. Sweeney. Her
leadership encouraged the Chamber to create the Native American
Enterprise Initiative, which focusses on crucial economic issues
confronting tribally owned businesses and Native American-owned
enterprises.
The Chamber strongly supports Ms. Sweeney's nomination and urges
swift consideration by the Committee.
Sincerely,
Neil Bradley, Senior Vice President/CPO
______
Alaska Federation of Natives (AFN), February 9, 2017
Hon. Lisa Murkowski,
United States Senate,
Senate Hart Office Building,
Washington, DC.
Hon. Don Young,
United States House of Representatives,
Rayburn House Office Building,
Washington, DC.
Hon. Daniel Sullivan,
United States Senate,
Senate Hart Office Building,
Washington, DC.
Re: Support for Tara Katuk Sweeney Assistant Secretary,
Indian Affairs U.S. Department of Interior
Dear Senator Murkowski, Senator Sullivan, and Congressman Young,
On behalf of the Alaska Federation of Natives (AFN), I am writing
to express our unqualified support for the appointment of Tara Sweeney
for Assistant Secretary--Indian Affairs, for the Department of the
Interior. AFN represents more than 140,000 Alaska Natives, including
151 federally recognized tribes, 150 village corporations, 12 regional
corporations, and 12 regional nonprofit and tribal consortiums that
contract and compact to run federal and state programs. Our mission is
to enhance and promote the cultural, economic and political voice of
the entire Alaska Native community.
We have worked with Tara for many years and have never seen a
harder more dedicated individual who is focused on providing value and
real results. Her work ethic is well known and is a real attribute to
her and any position she might be appointed too. She is smart,
thoughtful and hard-driving. To Tara there are no problems, only
challenges to overcome, and opportunities to seize.
Tara will bring a unique set of skill-sets to this position. She
understands how important the economic and energy sector is to
sustainable Native communities and the continued way of life in rural
America. She is very supportive of public-private partnerships to
stretch limited federal resources. She understands the high-cost of
living in remote rural Alaska and on the reservations. She also
understands the delicate balance of protecting and harvesting wild game
on federal public lands. She is a hunter herself and continues the long
tradition in the Arctic of subsistence hunting and fishing.
Tara is well respected and knows how to build coalitions and lead
teams to accomplish directions set by the Administration. She will
provide excellent advice and counsel to the Secretary of Interior and
the White House from her strong background and knowledge of promoting
Alaska Native rights, cultural values, and economic sustainability. She
has been immersed in public policy from an early age, with her mother,
the late Eileen Panigeo MacLean a respected Alaska State Legislator
representing remote rural areas in Alaska. Influenced by her mother's
public service and her father's strong emphasis on education, Tara
experienced firsthand the need to be well informed, to make good
decisions, build coalitions and be focused on accomplishing real
deliverables for the people who depend on effective government.
Tara's experience at Arctic Slope Regional Corporation and as
former co-chair and board member of the Alaska Federation of Natives
gives her a strong understanding of Native affairs both at the local,
regional and national level. She will be a staunch supporter of the
Administration and the Native people of our country. Her resume details
specific experiences which show her capability and qualifications.
If we can provide additional information, please contact us.
Sincerely,
Julie Kitka, President
______
ANCSA Regional Association, March 7, 2017
Hon. Ryan Zinke,
U.S. Department of the Interior,
Washington, DC.
Re: Support of Tara Katuk Sweeney for Assistant Secretary,
Indian Affairs U.S. Department of Interior
Dear Secretary Zinke,
On behalf of the ANCSA Regional Association (the Association), we
write to express our unanimous support for the appointment of Tara
Sweeney for Assistant Secretary, Indian Affairs, U.S. Department of the
Interior. The ANCSA Regional Association represents the Chief Executive
Officers of the twelve land-based regional Alaska Native Corporations
(ANCs), as well as the President of the Alaska Federation of Natives.
Our corporations are owned by over 121,000 Alaska Native people and
were formed under the Alaska Native Claims Settlement Act of 1971, 43
U.S.C. 1601, et. seq. (ANCSA). Our mission is to promote and foster
the continued growth and economic strength of the Alaska Native
Regional Corporations on behalf of our shareholders. When measured
against the top 49 Alaska-owned companies, ANCs account for 75 percent
of the revenue earned, 69 percent of Alaskan jobs, and 86 percent of
the global employment. Making up 20 of the top 49 Alaska-owned
companies, Alaska Native Corporations have become an economic engine of
Alaska.
The Association has worked with Tara for many years on issues
facing Alaska Natives and American Indians, and feel she is
particularly well qualified for this appointment given her more than
ten years' experience in leadership positions and roles in private,
public and non-profit organizations; and active engagement in Native
American policy development and advocacy. Additionally, Tara has nearly
20 years of leadership experience with Alaska's largest privately owned
company, Arctic Slope Regional Corporation (ASRC), currently serving as
their Executive Vice President, External Affairs.
Tara also serves as the Chair of the Arctic Economic Council. She
was elected to serve as chair by the eight Arctic states and six
indigenous permanent participants. Tara has led many of our nation's
efforts to form international arctic policy as it relates to economic
development. Furthermore, Tara has served as a member of the board of
the Alaska Federation of Natives since 2009 and as co-chair in 2013-
2014, leading that organization's reorganization efforts, redrafting
bylaws and other significant changes.
Tara is a dedicated, hard-working and fearless leader focused on
providing value and real results across local, national and
international boundaries. Her passion shows through in every challenge
she faces. She understands how important the economic and energy sector
is to sustainable Native communities and the continued way of life in
rural America. She is very supportive of public-private partnerships to
stretch limited federal resources. She understands the high-cost of
living in remote rural Alaska and on the reservations. She also
understands the delicate balance of protecting and harvesting wild game
on federal public lands. She is a hunter herself and continues the long
tradition in the Arctic of subsistence hunting and fishing.
The ANCSA Regional Association strongly supports Tara's appointment
as the next Assistant Secretary--Indian Affairs, for the Department of
the Interior. If we can provide additional information, please contact
us.
Sincerely,
Gabriel Kompkoff, Chair
Kim Reitmeier, Executive Director
______
Arctic Slope Regional Corporation (ASRC), February 14, 2017
Trump Transition Team
RE: RECOMMENDATION FOR TARA SWEENEY
Dear Trump Transition Team:
Arctic Slope Regional Corporation (ASRC) is proud to support Ms.
Tara MacLean Sweeney's as the nominee for Assistant Secretary of Indian
Affairs (AS-IA) in the Department of Interior. Ms. Sweeney currently
serves as Executive Vice President of External Affairs for ASRC and is
responsible for all facets of the company's government relations and
communications. By way of quick background, ASRC is the largest
locally-owned and operated business in Alaska, with approximately
13,000 Inupiat Eskimo (Alaskan Native) shareholders and more than
12,000 employees stretching across Alaska and the Lower-48 states.
In her government affairs role for ASRC, Ms. Sweeney has formulated
and advocated for changes in State and Federal policy, changes that
affect the lives of rural Arctic Alaskans like the people of her
hometown as well as for changes that affect the State of Alaska as a
whole. Her advocacy has brought the people of the Arctic together with
like-minded tribes of the Lower 48 states on issues from Indian energy
development, to government contracting, to the development of broadband
communication and other vital infrastructure. Ms. Sweeney has walked
the halls of Congress and has testified in countless U.S. Congressional
and Senate hearings on behalf of Native American people.
In addition to her internal posting at ASRC, Ms. Sweeney has served
her home state and country--from her work as co-Chair of the Alaska
Federation of Natives (2013-2014) to her most recent role as Chair of
the internationally active Arctic Economic Council (AEC) (2015-
present). At the AEC, Tara represents the business interests of the
Arctic nations (the US, Canada, Greenland/Denmark, Iceland, Norway,
Sweden, Finland, and Russia), as well as numerous indigenous Permanent
Participants. In her capacity as Chair, Ms. Sweeney has illuminated the
needs of Arctic communities and the highlighted the best practices of
circum-Arctic business leaders. In her role as Chair, Tara Sweeney has
the attention of the ambassadors and foreign ministers of the Arctic
nations as well as a wider circle of related international interests.
In the U.S., strengthening the Federal Government's relationship
with Indian Country is vital, which is why I am so passionate about
Tara's potential role as AS-IA. Sweeney has spent her adult life
promoting self-determination for Alaska Natives. She has forged
policies which allow us to develop our own lands and refine our own
energy resources-as well as protecting the cultural needs of our people
that remain unchanged through time. She has earned a reputation for
being an effective advocate for balanced Native American policy. As her
own Statement of Qualifications shows, Tara comes to the task at Indian
Affairs completely and extraordinarily prepared. Although uniquely
suited to a potential role as AS-IA at the Department of Interior, I
would argue that Ms. Sweeney's skillset is nearly unparalleled and that
she be considered for any position at an equal or higher place in your
Administration.
Tara Sweeney is on very familiar terms with our Alaskan
Congressional delegation and I am sure you will find a vote of
confidence in Tara's abilities from that quarter as well. She, along
with her husband Kevin Sweeney, are raising two school-age children
(high school and college), and all are familiar with our nation's
capital as both Tara and her husband have found need to be stationed in
Washington DC at various times during their careers. Tara knows her way
around the Beltway.
Let me congratulate you once again on the successful election and
transition in Washington. If you have any questions regarding our
recommendation of Ms. Sweeney, please don't hesitate to contact me
directly. As you can see, we value Ms. Tara Sweeney highly and endorse
her consideration knowing she has the potential to serve her people and
her country at the highest level.
Sincerely,
Rex A. Rock Sr., President/CEO
Cook Inlet Region, Inc. (CIRI), February 9, 2017
Hon. Lisa Murkowski,
United States Senate,
Senate Hart Office Building,
Washington, DC.
Hon. Don Young,
United States House of Representatives,
Rayburn House Office Building,
Washington, DC.
Hon. Daniel Sullivan,
United States Senate,
Senate Hart Office Building,
Washington, DC.
Dear Senator Murkowski, Senator Sullivan, and Congressman Young:
On behalf of Cook Inlet Region, Inc. (CIRI), I am writing to
express our suppott for the appointment of Tara Sweeney as Assistant
Secretary of Indian Affairs, U.S. Department of the Interior. CIRI
believes Ms. Sweeney is pafticularly well qualified for this
appointment given her more than ten years'experience in leadership
positions and roles in private, public and non-profit organizations and
active engagement in Native American policy development and advocacy.
Ms. Sweeney has nearly 20 years of leadership experience with
Alaska's largest privately owned company, Arctic Slope Regional
Corporation (ASRC), currently serving as the company's Executive Vice
President, External Affairs. Her primary responsibilities include
strategic policy and position development, implementation and
execution, engagement with federal and state executive and legislative
branches on improving policies affecting Indian energy, taxation,
resource development, government contracting, broadband development and
all facets of corporate communication.
Ms. Sweeney serves on the Arctic Economic Council, an international
council established during the Canadian chairmanship of the Arctic
Council, and in 2015 was elected to serve as chair by the eight Arctic
states and six indigenous permanent paftic!pants. Additionally, Ms.
Sweeney has served as a member of the board of the Alaska Federation of
Natives since 2009 and as co-chair in 2Ot3-2014, leading that
organization's reform effofts to be more inclusive for Tribes and
provide them with strengthened voting rights.
Ms. Sweeney is well respected and knows how to build coalitions and
lead teams, skills that will enable her to accomplish the policies and
directions set by the Administration. She will provide excellent advice
and counsel to the Secretary of Interior and the White House from her
strong background and knowledge of promoting Alaska Native rights,
cultural values, and economic sustainability.
She understands how important the economic and energy sector is to
sustainable Native communities and the continued way of life in rural
America. She is very supportive of public-private partnerships to
stretch limited federal resources' She understands the high-cost of
living in remote rural Alaska and on the reservations' She also
understands the delicate balance of protecting and harvesting wild game
on federal public lands. She is a hunter herself and continues the long
tradition in the Arctic of subsistence hunting and fishing,
CIRI strongly supports Ms. Sweeney's appointment as the next
Assistant Secretary of Indian Affairs, U.S, Department of the Interior.
If we can provide additional information, please contact us.
Sincerely,
Sophie Minich, President/CEO
______
Alaska State Legislature District 40, March 29, 2017
Hon. Ryan Zinke,
Secretary,
U.S. Department of the Interior,
Washington DC.
Dear Mr. Secretary:
It gives me great honor to show support for Tara Sweeney, whom is
being considered for the position of Assistant Secretary--Indian
Affairs. Alaska, as you know, holds over a third of total federal lands
within its boundaries and has more federally recognized tribes than any
other region. Filling this position with someone intimately
knowledgeable of both of these facets will not only bring valuable
insights to these issues, but also increased efficacy to the position.
Within the parameters established by the Congress and the Executive
Branch, the primary responsibilities of the Assistant Secretary are to
advise the Secretary of the Interior on Indian Affairs policy issues,
communicate policy to and oversee the programs of the BIA and the BIE,
provide leadership in consultations with tribes, and serve as the
Department official for intra- and inter-departmental coordination and
liaison within the Executive Branch on Indian matters.
Tara Sweeney is the Executive Vice President of External Affairs
for Arctic Slope Regional Corporation (ASRC), and is responsible for
all facets of the company's government relations and communications.
ASRC is the largest locally-owned and operated business in Alaska, with
revenues in excess of $2.6 billion, with more than 12,000 shareholders
and 10,000 employees worldwide. Sweeney has been actively engaged as an
advocate for self-determination for Alaska Natives and enjoys mentoring
young professionals.
In 2003 she served as Special Assistant for Rural Affairs and
Education in Governor Frank Murkowski's administration and most
recently served as Co-Chair for Senator Dan Sullivan's (R-AK)
successful 2014 Senate campaign. Sweeney has served on numerous
business and non profit boards at both the state and national level.
She was honored in 2008 as a ``Top 40 Under 40'' business leader by the
Alaska Journal of Commerce. She currently serves as a member of the Ted
Stevens Foundation, and as the chair of the Arctic Economic Council.
Sweeney grew up in rural Alaska. While her family roots are in the
Arctic Slope Region, she also lived in Noorvik, Unalakleet and Bethel.
She graduated with a Bachelor of Science degree in Industrial and Labor
Relations from Cornell University in Ithaca, New York.
I recommend Ms. Sweeney without reservation. I am confident that
she will excel in this position and be a valuable asset to our country
and for all future growth.
If you have any questions you may contact my office.
Sincerely,
Representative Dean Westlake
______
National Center for American Indian Enterprise Development
(NCAIED), May 8, 2018
Hon. John Hoeven, Chairman;
Hon. Tom Udall, Vice Chairman,
Senate Committee on Indian Affairs,
Washington, DC.
Re:Support for Tara Sweeney as Indian Affairs Assistant Secretary
Dear Chairman Hoeven and Vice Chairman Udall:
On behalf of the National Center for American Indian Enterprise
Development (NCAIED) and its Board of Directors, I write to reiterate
our support for the nomination of Tara Sweeney to serve as the next
Assistant Secretary of the Interior for Indian Affairs.
From the NCAIED's perspective, Ms. Sweeney brings the perfect set
of skills and broad experience--especially in business, economic,
energy and natural resource development--to serve in this important
policy and managerial position at Interior. Her record of staunch,
effective advocacy on Native issues--and leadership in and
collaboration with NCAIED and other leading national native
organizations--will enable her to work effectively to make positive
change from day one on the job. The NCAIED leadership has come to know
Ms. Sweeney during her nearly two decades working in a variety of
capacities for her Arctic Slope Regional Corporation (ASRC), a $2.6
billion corporation and largest locally owned and operated business in
Alaska. As ASRC's Executive Vice President for External Affairs, she
has been responsible for government affairs and corporate
communications, including strategic policy and position development and
implementation, and government relations on issues such as Indian
energy, taxation, resource development, government contracting,
broadband deployment and access to capital. From her work on a variety
of corporate and other private boards and federal advisory committees,
Ms. Sweeney has gained valuable knowledge and developed relationships
to draw upon in her new position. The National Center would be
delighted to see this determined business executive, with a true
passion for advancing business and economic development and self-
determination in Indian Country, become the Assistant Secretary for
Indian Affairs.
Personally, I know Ms. Sweeney as an astute, talented, effective
and dependable collaborator and friend. In addition to her involvement
with NCAIED's Reservation Economic Summit (RES), I worked with her on
government contracting and access to capital initiatives when I served
as an Associate Administrator at the U.S. Small Business
Administration. The NCAIED supports Ms. Sweeney for Assistant
Administrator, and urges her prompt approval.
Respectfully,
Chris James, President/CEO
______
Sault Ste. Marie Tribe of Chippewa Indians
Hon. Ryan Zinke,
Secretary,
U.S. Department of the Interior,
Washington DC.
RE: Support for Tara Sweeney as Assistant Secretary-Indian
Affairs
Dear Secretary Zinke,
First, let me welcome you to your new responsibility as the primary
trustee for American Indian tribes in fulfillment of the federal
government's trust responsibility. As a Member of the National Congress
of American Indians Executive Board and Chairperson of the Sault Ste.
Marie Tribe of Chippewa Indians, I was supportive of your nomination of
Secretary of Interior and voted to approve sending a letter of support
for your nomination. I also serve as the President of the United Tribes
of Michigan and Vice President for the Midwest Alliance of Sovereign
Tribes.
In 2012, I was one of ten Tribal leaders who met with Secretary
Jewell to welcome her to working with Indian Country. In January of
this years, she invited a small group of tribal leaders back to give
feedback on her work and to encourage us to work with you as our new
Secretary. Please feel free to call upon me during your tenure if you
need assistance.
I write to you today to express my Nation's support for appointment
of Tara Sweeney as your new Assistant Secretary-Indian Affairs. Tara
has decades of American Indian/Alaska Native affairs experience
spanning the private, nonprofit, and public sectors and significant
experience in international indigenous issues.
Her strengths are in coalition building and listening to the voices
of tribal leaders through meaningful consultation. Tara supports tribal
sovereignty and recognizes the importance of upholding the federal
trust responsibility. She has spent much of her career fighting for
enhancing economic development opportunities for tribal communities. I
expect she will continue that push as Assistant Secretary--Indian
Affairs under your leadership. Tara would be an incredible asset for
Indian Country and would work with all tribes to strengthen the nation-
to-nation relationship.
Thank you for your consideration. Again, I wish to congratulate you
on your recent confirmation as Secretary of the Interior. I hope we may
have the opportunity to sit down with you soon to discuss our federal
priorities.
Respectfully,
Aaron A. Payment, Chairperson
______
North Slope Borough, Alaska, OFFICE OF THE MAYOR
December 13, 2017
Hon. John Hoeven,
Chair, Committee on Indian Affairs,
U.S. Senate,
Washington, DC.
Dear Senator Hoeven:
I am pleased to write to you to convey my support for the pending
nomination of Tara MacLean Sweeney to serve as Assistant Secretary-
Indian Affairs at the U.S. Department of the Interior.
I currently serve as the Mayor of the North Slope Borough, Alaska,
the largest municipality in the United States in terms of landmass and
the regional government for eight villages within the 89,009 square
miles of the U.S. Arctic, north of the Brooks Mountain Range. The
Borough has a population of approximately 10,000 residents, of whom
nearly 70 percent are Inupiat.
As the Mayor of the North Slope Borough, and having served North
Slope communities in various capacities for my entire career, I can
tell you from personal and professional experience that Tara stands out
as a leader among leaders within the Inupiat community. But Tara also
has represented Alaska Native interests broadly, serving as co-chair of
the Alaska Federation of Natives, whose membership includes 151
federally recognized tribes, 150 Alaska Native village corporations, 12
Alaska Native regional corporations, and 12 Alaska Native regional
nonprofit and tribal consortiums. Tara has also represented the
interests of the indigenous community on the international stage
through her work with the Inuit Circumpolar Council and as Chair of the
Arctic Economic Council during the U.S. chairmanship of the Arctic
Council, the lead intergovernmental forum for the promotion of
cooperation and coordination among the Arctic States.
Tara's expertise extends to many diverse areas--telecommunications,
natural resource development, and American Indian and Alaska Native law
and policy among them; but among this diversity of skillsets, I think
it most compelling that Tara has the experience and proven ability to
work with and across federal agencies and with members of Congress,
state agencies, local governments, tribes and other stakeholders in the
service of the American Indian and Alaska Native community.
We would be proud to see Tara Sweeney become the first Alaska
Native to serve as Assistant Secretary-Indian Affairs. She has my
strong support.
Sincerely,
Harry Brower, Jr., Mayor
______
United South and Eastern Tribes Sovereignty Protection Fund
(USET SPF)
June 4, 2018
Hon. John Hoeven, Chairman;
Hon. Tom Udall, Vice Chairman,
Senate Committee on Indian Affairs,
Washington, DC.
Dear Chairman Hoeven and Vice-Chairman Udall,
On behalf of the United South and Eastern Tribes Sovereignty
Protection Fund (USET SPF), we write to support President Donald
Trump's nomination of Tara Mac Lean Sweeney as the Department of
Interior's Assistant Secretary for Indian Affairs (ASIA). The first
Alaska Native woman to be nominated, USET SPF echoes her commitment to
Tribal self-determination and the promotion of Indian Country's
priorities throughout the federal government. As she stated during her
confirmation hearing, it is critical that she act as a voice for Tribal
Nations both within and outside the Administration.
USET SPF is a non-profit, inter-tribal organization representing 27
federally recognized Tribal Nations from Texas across to Florida and up
to Maine. \1\ Both individually, as well as collectively through USET
SPF, our member Tribal Nations work to improve health care services for
American Indians. Our member Tribal Nations operate in the Nashville
Area of the Indian Health Service, which contains 36 IHS and Tribal
health care facilities. Our citizens receive health care services both
directly at IHS facilities, as well as in Triballyoperated facilities
under contracts with IHS pursuant to the Indian Self-Determination and
Education Assistance Act (ISDEAA), P.L. 93-638.
---------------------------------------------------------------------------
\1\ USET SPF member Tribal Nations include: Alabama-Coushatta Tribe
of Texas (TX), Aroostook Band of Micmac Indians (ME), Catawba Indian
Nation (SC), Cayuga Nation (NY), Chitimacha Tribe of Louisiana (LA),
Coushatta Tribe of Louisiana (LA), Eastern Band of Cherokee Indians
(NC), Houlton Band of Maliseet Indians (ME), Jena Band of Choctaw
Indians (LA), Mashantucket Pequot Indian Tribe (CT), Mashpee Wampanoag
Tribe (MA), Miccosukee Tribe of Indians of Florida (FL), Mississippi
Band of Choctaw Indians (MS), Mohegan Tribe of Indians of Connecticut
(CT), Narragansett Indian Tribe (RI), Oneida Indian Nation (NY),
Pamunkey Indian Tribe (VA), Passamaquoddy Tribe at Indian Township
(ME), Passamaquoddy Tribe at Pleasant Point (ME), Penobscot Indian
Nation (ME), Poarch Band of Creek Indians (AL), Saint Regis Mohawk
Tribe (NY), Seminole Tribe of Florida (FL), Seneca Nation of Indians
(NY), Shinnecock Indian Nation (NY), Tunica-Biloxi Tribe of Louisiana
(LA), and the Wampanoag Tribe of Gay Head (Aquinnah) (MA).
---------------------------------------------------------------------------
As the Senate Committee on Indian Affairs considers Ms. Sweeney's
nomination, USET SPF would like to take the opportunity to focus on
policy priorities for the incoming ASIA. The ASIA plays a critical role
in elevating the voices of Indian Country, as well as delivering upon
the federal government's trust responsibility and obligations. As the
current Administration has yet to fully articulate its approach to
Tribal Nations, it is vital that the incoming ASIA exercise leadership
immediately to articulate a clear and comprehensive strategy for this
Administration's efforts to fulfill its obligations in partnership with
Tribal Nations. With this in mind, USET SPF would like to outline an
approach the incoming ASIA must have to promote success in the position
and for Indian Country.
Commitment to Tribal Consultation
The incoming ASIA must commit to robust and ongoing Tribal
consultation with all Bureau of Indian Affairs (BIA) Regions and Tribal
Nations. This includes fully engaging with Tribal governments,
including Tribal leaders, in a proactive and transparent manner to
receive advice and guidance from Tribal Nations prior to federal
action. USET SPF notes that Tribal Nations are just now being invited
to consult upon the proposed reorganization of the Department of the
Interior, despite the Department's continued implementation of this
plan and an overall lack of specific information. With an ASIA finally
seated, USET SPF hopes that the Administration will redouble its
efforts to meaningfully engage in Tribal consultation. Tribal
consultation is essential to the sacred government to government
relationship between Tribal Nations and the United States, and is
critical to ensuring the federal government fulfills its trust
responsibilities and obligations. It is vital that the incoming ASIA
regularly engage in a continued dialogue with Tribal Nations across the
country, as well as honor our expectations and guidance with a goal of
reaching consent for federal actions.
Land into Trust
As a core trust responsibility, and as a matter of justice arising
out of the massive land transfer effected to the United States by
Tribal Nations under conditions of duress, DOI has, for nearly 85
years, restored Tribal lands through trust acquisitions. These
acquisitions enable Tribal Nations to build schools, health clinics,
hospitals, housing, and provide other essential services to Tribal
citizens. Moreover, because the trust responsibility is so deeply
underfunded, many Tribal Nations depend on the economic development
conducted on these lands in order to fund essential government
services. Despite the views expressed by some outside of Indian
Country, a majority of economic development on Tribal homelands does
not result in significant revenue generation beyond supporting these
services. DOI has approved trust acquisitions for approximately 5
million acres of former Tribal homelands, far short of the more than
100 million acres lost through Federal policies of removal, allotment,
and assimilation.
The Tribal Nations located in the eastern part of what is now the
United States have a lengthier history when it comes to the systematic
dispossession of our lands as a result of hundreds of years of federal
(and before that, colonial) policies. In the wake of these policies, a
majority of USET SPF Tribal Nations hold only a fraction of their
homelands and some remain landless. Therefore, any changes to the
current landinto- trust process will have particularly significant
impacts in the east. We continue to work to reacquire our homelands,
which are a fundamental to our existence as sovereign governments and
our ability to thrive as vibrant, healthy, self-sufficient communities.
And as our partner in the trust relationship, it is incumbent upon the
federal government, especially the incoming ASIA, to prioritize the
restoration of our land bases.
As the BIA considers revisions to the Part 151 regulations, which
are integral to Tribal Nation rebuilding, the ASIA must work in
partnership with Tribal Nations to ensure this process promotes the
restoration of Tribal homelands and does not give undue weight or
influence to outside interests. USET SPF is encouraged by Ms. Sweeney's
plan to conduct a listening tour throughout Indian Country on this and
other issues, and plans to urge BIA to extend its comment period to
accommodate this dialogue.
DOI Reorganization
USET SPF is deeply concerned that, despite the recent initiation of
consultation with Tribal Nations, the reorganization of the Department
of the Interior is moving forward in the absence of Tribal
consultation. The Secretary has yet to significantly consult with or
provide much detail to Tribal Nations on the reorganization of the
Department, although we are aware of meetings held with federal
employees and other units of government. Yet, we note that new DOI
regions have been proposed and there is $900,000 set aside in the BIA
Budget Request for its share of initial pre-planning responsibilities
(with the knowledge that this figure will increase significantly in the
out years).
We are further concerned to see what appears to be additional
reorganization activities taking place at the staff level--again,
without Tribal consultation. A number of Senior Executive Service
employees from the BIA and Office of Trust Services seem to have been
relocated and reassigned. While we understand that the Department is
afforded the latitude to make employment decisions, Tribal Nations
should be consulted as senior staff are reassigned--particularly at the
regional level.
While USET SPF Tribal Nations acknowledge that there may
unnecessary levels of bureaucracy and redundancies at the DOI, any
eliminations or changes affecting Indian Country must be accomplished
in fulfillment of the federal trust responsibility, and with the advice
and guidance of Tribal Nations. With the appointment of the ASIA, we
remain hopeful that the Department will take the opportunity to
modernize the federal government and execution of the federal trust
responsibility in a way that upholds the obligations of our sacred
government-to-government relationship and promotes the full exercise of
Tribal sovereignty.
Commitment to Protecting and Increasing BIA Resources
Because of our history and unique relationship with the United
States, the trust obligation of the federal government to Native
peoples, as reflected in the federal budget, is fundamentally different
from ordinary discretionary spending. Inadequate funding to Indian
Country needs to be viewed as unfilled treaty and trust obligations.
However, for Fiscal Years (FY) 2018 and 2019, the Administration has
requested deep reductions to nearly every line item within the BIA
budget. We further note the long-lasting effects of continued
underfunding for federal Indian programs. The FY 2019 Budget Request
fails to reflect a prioritization of trust obligations and the related
promises that are at the core of our special and unique relationship.
In reducing, eliminating, and calling into question the
constitutionality of federal Indian programs, this Administration is
ignoring and undermining its trust responsibility to Tribal Nations.
Moreover, the message that this sends to all American citizens is one
of disregard and dishonor, further exacerbating the challenges we face
in educating the nation on our history, sovereignty, and the continued
obligation to Tribal Nations. We are hopeful that under Ms. Sweeney's
leadership, future Budget Requests for BIA will be more reflective of a
commitment to honor its obligations and promises to Indian Country.
Trust Modernization
USET SPF, along with other Tribal organizations and Nations, is
engaged in an effort to modernize the relationship between the federal
government and Tribal Nations. The current trust model is broken and
based on faulty and antiquated assumptions from the 19th Century that
Indian people were incompetent to handle their own affairs and that
Tribal Nations were anachronistic and would gradually disappear. It is
time for a new model that reflects a truly diplomatic, nation-to-nation
relationship between the U.S. and Tribal Nations, and that empowers
each Tribal Nation to define its own path. This mission should inform
each action taken by this Administration affecting Tribal Nations.
Our Trust Modernization Workgroup has identified 5 governing
principles with which to engage in modernizing the trust relationship.
They are as follows:
1. Strengthen Trust Standards--Adopt Implementing Laws and
Regulations.
2. Strengthen Tribal Sovereignty--Empower Each Tribe to Define
its Path.
3. Strengthen Federal Management--For Trust Assets and Programs
Still Subject to Federal Control.
4. Strengthen Federal-Tribal Relations--One Table with Two
Chairs.
5. Strengthen Federal Funding and Improve Its Efficiency--A
Pillar of the Trust Responsibility.
Each of these principles addresses long-standing issues with the
current trust model and was developed after the deliberation of Tribal
leaders. Our Workgroup has also devised a number of short and long-term
strategies aimed at realizing these principles. We look forward to the
opportunity to discuss them with the incoming ASIA.
Executive Order on U.S.--Tribal Relations
Over the last several decades, every President, regardless of
party, has issued executive orders regarding the federal trust
responsibility and the federal government's relationship with Tribal
Nations. We urge the incoming ASIA to assist in the issuance of an
executive order from President Trump that: (1.) Reaffirms essential
trust responsibilities for all federal agencies; (2.) Affirms the
``best interests'' determination in favor of Tribal Nations in all
environmental and administrative determinations; and (3.) Outlining the
placement of senior level Tribal Liaison positions across the
Administration to ensure that every department/agency is executing its
trust obligations to the greatest extent. This order should speak to
and confirm the unique and special nature our nation-to-nation
relationship, its sacred responsibility to fulfill its treaty and trust
obligations to Tribal Nations, and recognition, and support for the
principles of our inherent sovereign authorities and rights. An
executive order of this nature would set the tone for all federal
agency conduct and provide certainty in the federal government's
approach to decisions affecting Indian Country. Consistency and
commitment in the execution of the federal trust responsibility would
likely reduce conflict between the federal government and Tribal
Nations, as well as the number of trust mismanagement lawsuits facing
the federal government.
Conclusion
USET SPF thanks you for your time and consideration regarding the
nomination for ASIA. USET SPF supports Ms. Tara Mac Lean Sweeney for
this critical leadership role. We welcome her experience, commitment to
self-governance, and dedication to the trust responsibility, as the
Administration seeks to articulate a formal policy in relation to
Tribal Nations and Tribal sovereignty. We urge her swift confirmation,
so that she may begin her work without delay.
Sincerely,
Kirk Francis Kitcki A. Carroll, President/Executive
Director
______
Voice of the Arctic Inupiat (VOICE)
May 3, 2018
Hon. John Hoeven, Chairman;
Hon. Tom Udall, Vice Chairman,
Senate Committee on Indian Affairs,
Washington, DC.
Dear Chairman Hoeven and Vice Chairman Udall:
I write on behalf of Voice of the Arctic Inupiat (VOICE) to express
our strong support for the nomination of Tara Sweeney as Assistant
Secretary for Indian Affairs.
VOICE is a 501(c)4 non-profit corporation whose twenty members
include representatives from Alaska's North Slope tribal councils,
municipal governments, Alaska Native Corporations, a regional non-
profit, and the tribal college from the North Slope of Alaska.
Together, we represent the broad leadership of the North Slope of
Alaska. VOICE was established in 2015 with the purpose of providing
local advocacy and engagement from the Inupiat people to state,
federal, and international forums addressing Arctic issues.
Throughout her career, Tara has worked tirelessly on behalf of the
Inupiat people in Alaska. Through her work at the Arctic Economic
Council and Arctic Slope Regional Corporation, she has been a champion
of responsible resource development, recognizing its potential to
strengthen local economies in rural communities; in her role at the
Alaska Federation of Natives, she has promoted tribal self-
determination and encouraged Alaska Native communities to advocate on
their own behalf; and advanced cooperation and coordination among
Arctic States through her work with the Inuit Circumpolar Council.
We know Tara to be an effective leader who has gained much relevant
experience through her influential positions locally as well as on the
state and international stage. Tara excels at stakeholder engagement;
her ability to work beyond the ``silos,'' the bureaucratic boundaries
between federal agencies, state agencies, local user groups, and
regional and local governments and entities is extraordinary and would
be a great resource to the Secretary and Department of Interior as a
whole.
Tara has been a great advocate for Voice of the Arctic Inupiat, and
her work on behalf of Alaska Native peoples cannot be understated. I am
proud to recommend her, and we urge the swift consideration of Ms.
Sweeney for the position of Assistant Secretary for Indian Affairs in
your committee. I thank you for your consideration of this letter; I
look forward to working with Tara in her new role as Assistant
Secretary for Indian Affairs on issues important to our communities.
Taikuu,
Sayers Tuzroyluk, Sr.,
President
______
ANCSA Regional Association
February 10, 2017
Hon. Lisa Murkowski,
United States Senate,
Senate Hart Office Building,
Washington, DC.
Hon. Don Young,
United States House of Representatives,
Rayburn House Office Building,
Washington, DC.
Hon. Daniel Sullivan,
United States Senate,
Senate Hart Office Building,
Washington, DC.
Re: Support for Tara Katuk Sweeney Assistant Secretary,
Indian Affairs U.S. Department of Interior
Dear Senator Murkowski, Senator Sullivan, and Congressman Young:
On behalf of the ANCSA Regional Association (the Association), we
write to express our unanimous support for the appointment of Tara
Sweeney for Assistant Secretary--Indian Affairs, for the Department of
the Interior. The ANCSA Regional Association represents the Chief
Executive Officers of the twelve land-based regional Alaska Native
Corporations (ANCs), as well as the President of the Alaska Federation
of Natives. Our corporations are owned by over 121,000 Alaska Native
people and were formed under the Alaska Native Claims Settlement Act of
1971, 43 U.S.C. 1601, et. seq. (ANCSA). Our mission is to promote and
foster the continued growth and economic strength of the Alaska Native
Regional Corporations on behalf of our shareholders. When measured
against the top 49 Alaska-owned companies, ANCs account for 75 percent
of the revenue earned, 69 percent of Alaskan jobs, and 86 percent of
the global employment. Making up 20 of the top 49 Alaska-owned
companies, Alaska Native Corporations have become an economic engine of
Alaska.
The Association has worked with Tara for many years on issues
facing Alaska Natives and American Indians, and feel she is
particularly well qualified for this appointment given her more than
ten years' experience in leadership positions and roles in private,
public and non-profit organizations; and active engagement in Native
American policy development and advocacy. Additionally, Tara has nearly
20 years of leadership experience with Alaska's largest privately owned
company, Arctic Slope Regional Corporation (ASRC), currently serving as
their Executive Vice President, External Affairs.
Tara also serves as the Chair of the Arctic Economic Council. She
was elected to serve as chair by the eight Arctic states and six
indigenous permanent participants. Tara has led many of our nation's
efforts to form international arctic policy as it relates to economic
development. Furthermore, Tara has served as a member of the board of
the Alaska Federation of Natives since 2009 and as co-chair in 2013-
2014, leading that organization's reorganization efforts, redrafting
bylaws and other significant changes.
Tara is a dedicated, hard-working and fearless leader focused on
providing value and real results across local, national and
international boundaries. Her passion shows through in Senator
Murkowski, Senator Sullivan, and Congressman Young every challenge she
faces. She understands how important the economic and energy sector is
to sustainable Native communities and the continued way of life in
rural America. She is very supportive of public-private partnerships to
stretch limited federal resources. She understands the high-cost of
living in remote rural Alaska and on the reservations. She also
understands the delicate balance of protecting and harvesting wild game
on federal public lands. She is a hunter herself and continues the long
tradition in the Arctic of subsistence hunting and fishing.
The ANCSA Regional Association strongly supports Tara's appointment
as the next Assistant Secretary--Indian Affairs, for the Department of
the Interior. If we can provide additional information, please contact
us.
Sincerely,
Gabriel Kompkoff, Chair; Kim Reitmeier, Executive Director
______
Alaska Federation of Natives (AFN)
May 3, 2018
Hon. John Hoeven, Chairman;
Hon. Tom Udall, Vice Chairman,
Senate Committee on Indian Affairs,
Washington, DC.
Re: Support for Tara Katuk Sweeney for Assistant Secretary
for Indian Affairs
Dear Chairman Hoeven and Vice Chairman Udall:
On behalf of the Alaska Federation of Natives (AFN), I am writing
to express our unqualified support for the confirmation of Tara Sweeney
for Assistant Secretary--Indian Affairs, Department of the Interior.
AFN represents more than 140,000 Alaska Natives, including 186
federally recognized tribes, 171 village corporations, 12 regional
corporations, and 12 regional nonprofit and tribal consortiums that
contract and compact to run federal and state programs. Our mission is
to enhance and promote the cultural, economic and political voice of
the entire Alaska Native community.
We have worked with Tara for many years and have never seen a more
dedicated individual who is focused on real results. She brings a
unique skill set, with a deep appreciation for the importance of the
economic and energy sector to sustainable Native communities and the
continued way of life in rural America.
She understands the high cost of living in remote rural Alaska and
on the reservations and the delicate balance of protecting and
harvesting wild game on federal public lands. She is a hunter herself
and continues the long tradition in the Arctic of subsistence hunting
and fishing.
Tara is well respected and knows how to build coalitions and lead
teams to accomplish directions set by the Administration. With her
strong background and knowledge of Alaska Native rights, cultural
values, and economic sustainability, she will provide excellent advice
and counsel to the Secretary of Interior and the White House.
Tara's leadership experience at Arctic Slope Regional Corporation
and as former AFN co-chair and board member gives her a strong
understanding of Native affairs both at the local, regional and
national level. She will be a staunch supporter of the Administration
and the Native people of our country.
AFN urges the swift consideration of Ms. Sweeney for the position
of Assistant Secretary for Indian Affairs in your committee, and we
look forward to working with her.
Sincerely,
Julie Kitka, President
______
Central Council of the Tlingit and Haida Indian Tribes of
Alaska
May 3, 2018
Hon. John Hoeven, Chairman;
Hon. Tom Udall, Vice Chairman,
Senate Committee on Indian Affairs,
Washington, DC.
Re: Support for Tara Katuk Sweeney for Assistant Secretary
for Indian Affairs
Dear Chairman Hoeven and Vice Chairman Udall:
The Central Council of the Tlingit and Haida Indian Tribes of
Alaska writes to express its strong support for the nomination of Ms.
Tara Sweeney as Assistant Secretary for Indian Affairs.
Throughout her many years of work on behalf of the Inupiat
shareholders of the Arctic Slope Regional Corporation in her home state
of Alaska and all Alaska Natives, Ms. Sweeney has established herself
as an expert in and a proponent of issues with tribal government
implications well suited to this position that is the face of the
Federal Government's trust responsibility to and government-to-
government relationship with tribal governments.
Ms. Sweeney is an experienced leader, having held executive
positions within Alaska through her roles at the Arctic Slope Regional
Corporation and the Alaska Federation of Natives, within Indian Country
through her work with the National Congress of American Indians, and
internationally as Chair of the Arctic Economic Council.
We urge the swift consideration of Ms. Sweeney for the position of
Assistant Secretary for Indian Affairs in your Committee, and we look
forward to working with her on issues important to Indian Country.
Thank you for your consideration of the Tribe's views.
Sincerely,
Richard J. Peterson, President
______
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
______
March 12, 2018
Ed McDonnell,
Alternate Designated Agency Ethics Official,
U.S. Department of the Interior,
Washington, DC.
Dear Mr. McDonnell:
The purpose of this Jetter is to describe the steps that I will
take to avoid any actual or apparent conflict of interest in the event
that I am confirmed for the position of Assistant Secretary--Indian
Affairs of the Department of the Interior.
As required by 18 U.S.C. 208(a), I will not participate
personally and substantially in any particular matter in which I know
that I have a financial interest directly and predictably affected by
the matter, or in which I know that a person whose interests are
imputed to me has a financial interest directly and predictably
affected by the matter, unless I first obtain a written waiver,
pursuant to 18 U.S.C. 208(b)(l), or qualify for a regulatory
exemption, pursuant to 18 U .S.C. 208(b)(2), or statutory exemption,
pursuant to 18 U .S.C. 208(b)(4). I understand that the interests of
the following persons are imputed to me: any spouse or minor child of
mine; any general partner of a partnership in which I am a limited or
general partner; any organization in which I serve as officer,
director, trustee, general partner or employee; and any person or
organization with which I am negotiating or have an arrangement
concerning prospective employment.
Upon confirmation, I will resign from my position with the Arctic
Slope Regional Corporation. Following my departure, the Arctic Slope
Regional Corporation will issue me payments pursuant to the Arctic
Slope Regional Corporation Employee Incentive Program and the Arctic
Slope Regional Corporation Long-Term Incentive Plan. I will not accept
any such payments and will forfeit them unless I receive those amounts
before I assume the duties of the position of Assistant Secretary-
Indian Affairs. For a period of two years from the date on which I
receive these payments, I will not participate personally and
substantially in any particular matter involving specific parties in
which I know the Arctic Slope Regional Corporation is a party or
represents a party, unless I first receive a written waiver pursuant to
C.F.R. 2635.503 (c).
I recently resigned my position with the Arctic Economic Council
and the Ted Stevens Foundation. For a period of one year after my
resignation from each of these entities, I will not participate
personally and substantially in any particular matter involving
specific parties in which I know that entity is a party or represents a
party, unless I am first authorized to participate, pursuant to 5
C.F.R. 2635.502(d).
I presently own inherited shares in the Ukpeagvik Inupiat
Corporation. Within 90 days of my confirmation, I will divest these
shares by transferring them to my non-minor, dependent children. Until
I complete the transfer of these shares, I will not participate
personally and substantially in any particular matter that to my
knowledge has a direct and predictable effect on the financial
interests of the Ukpeagvik Inupiat Corporation, unless I first obtain a
written waiver, pursuant to 18 U .S.C. 208(b)(1), or qualify for a
regulatory exemption, pursuant to 18 U.S.C. 208(b)(2), or statutory
exemption, pursuant to 18 U.S.C. 208(b)(4). Once the shares have been
transferred, I will not participate personally and substantially in any
particular matter involving specific parties that to my knowledge is
likely to have a direct and predictable effect on the financial
interests of the Ukpeagvik Inupiat Corporation, unless I am first
authorized to participate, pursuant to 5 C.F.R. 2635.502(d).
I will request a written waiver pursuant to 18 U .S.C. 208(b)(1)
regarding my inherited financial interest in the Arctic Slope Regional
Corporation. Until I have obtained such a waiver, I will not
participate personally and substantially in any particular matter that
to my knowledge has a direct and predictable effect on the financial
interests of this entity.
If I have a managed account or otherwise use the services of an
investment professional during my appointment, I will ensure that the
account manager or investment professional obtains my prior approval on
a case-by-case basis for the purchase of any assets other than cash,
cash equivalents, investment funds that qualify for the exemption at 5
C.F.R. 2640.201 (a), or obligations of the United States.
If I am confirmed as Assistant Secretary--Indian Affairs of the
Department of the Interior, I am aware that I am prohibited by 30
U.S.C. 1211 (f) from holding a financial interest in any surface or
underground coal mining operation. Additionally, I am aware that my
position is subject to the prohibitions against holding any financial
interest in federal lands or resources administered or controlled by
the Department of the Interior extended to me by supplemental
regulation 5 C.F.R. 3501.103.
I understand that as an appointee I will be required to sign the
Ethics Pledge (Exec. Order no. 13 770) and that I will be bound by the
requirements and restrictions therein in addition to the commitments I
have made in this ethics agreement.
I will meet in person with you during the first week of my service
in the position of Assistant Secretary--Indian Affairs of the
Department of the Interior in order to complete the initial ethics
briefing required under 5 C.F.R. 2638.305. Within 90 days of my
confirmation, I will document my compliance with this ethics agreement
by notifying you in writing when I have completed the steps described
in this ethics agreement.
I have been advised that this ethics agreement will be posted
publicly, consistent with 5 U.S.C. 552, on the website of the U.S.
Office of Government Ethics with ethics agreements of other
Presidential nominees who file public financial disclosure reports.
______
Response to Written Questions Submitted by Hon. John Hoeven to
Tara Mac Lean Sweeney
Tribal Colleges and Universities
Question 1. Thirty-five Tribal Colleges and Universities receive
funding from the Department of the Interior. These colleges are
recognized as catalysts in their communities, both in terms of higher
education access and economic development.
If confirmed, how would you support and use Tribal Colleges to
create economic opportunity and jobs in Indian Country?
Answer. Education is crucial to creating and fostering economic
opportunities across Indian country. If confirmed, I look forward to
working with the BIE Director to assess the existing needs within our
tribal colleges and universities and consulting with tribes to
determine how best to support these entities.
Indian Land Fractionation
Question 2. As part of the Cobell Settlement, $1.9 billion was set
aside for the Land Buy-Back Program. This program was designed to
purchase fractional interests in trust or restricted Indian land from
willing sellers at fair market value to reduce the amount of
fractionated Indian land. The program is set to end in November, 2022.
In recent briefings for the Committee by Interior officials, the
officials have indicated that the issue of fractionated Indian
interests will continue to exponentially increase after the program
ends.
If confirmed, how would you address fractionated lands, once the
Land Buy-Back Program ends?
Answer. I understand fractionated interests are a deterrent to
economic development opportunities across Indian country. If confirmed,
I look forward to being briefed on the current status of the program.
Robust tribal consultation will be crucial in determining any path
forward.
Safety at BIE Schools
Question 3. In 2016, the Assistant Inspector General for the
Department of the Interior sent a memo to the then-acting Bureau of
Indian Education (BIE) Director, regarding the quality of measures in
place at BIE schools to prevent violence against both students and
staff from internal and external threats.
In their reviews, they found that there is no guidance for required
safety measures at BIE schools.
If confirmed, how would you ensure that these schools are safe?
Question 3a. Will you commit to ensuring that the BIE will adopt
all measures needed to ensure that children are safe at these schools?
Answer. I strongly believe that students within the BIE system
should have access to safe learning environments. I am committed to
ensuring our schools are safe from threats and violence. If confirmed
as Assistant Secretary for Indian Affairs, I will make it a priority to
be briefed on the status of implementing the OIG's recommendations and
will consult with tribes to ensure these measures meet the needs of
both students and staff.
As part of its recommendations in its 2018 Report, the Department
of the Interior Office of Inspector General suggests that there should
be more oversight of tribally-operated schools, when it comes to
ensuring the safety and security of students. The 2018 Report states:
``BIE Budget and Finance, whose grant specialists conduct
reviews of tribally controlled schools, does not have clear
guidelines regarding oversight roles and responsibilities
because BIE leadership bas not created long-term guidance.''
Question 3b. Will you commit to being personally involved and
support the BIE in improving administration, oversight, fiscal
responsibility and other management components as recommended by the
Office of Inspector General or as needed to address the educational
needs of Indian children?
Answer. Yes.
Indian Gaming
Question 4. The Indian Gaming Regulatory Act sets forth standards
and requirements for triba l gaming on Indian lands. For example, the
Secretary of the Interior reviews and makes decisions on tribal- state
compacts. It also authorizes the compacts to go into effect, under
certain circumstances, to the extent it is consistent with federal law.
In some cases, it is silent on certain matters such as revenue sharing
in tribal-state compacts.
These compacts represent negotiations between tribes and states.
However, tribes have expressed concerns that revenue sharing creates an
unfair bargaining position for tribes.
If confirmed, how will you balance state and tribal interests in
reviewing tribal-state compacts?
Answer. I am committed to following the law as set forth by the
Indian Gaming Regulatory Act. Tribal consultation and state and local
engagement are key components of the law. If confirmed, I will take a
balanced approach through tribal consultation, stakeholder engagement,
assembling necessary data, and providing that information to the
leadership of the Department to ensure that we make can make informed
decisions with all available information.
Tribal Relations
Question 5. At times, Indian tribal interests may conflict with
other tribes' interests. This conflict often arises in land-into-trust
applications.
If confirmed, how will you reconcile tribal interests when there is
a conflict?
Answer. If confirmed, my role as Assistant Secretary is to advocate
for self-determination policies on behalf of Indian country. That also
includes balancing aligned and conflicting tribal interests. Taking a
balanced approach through local engagement and tribal consultation is
the cornerstone of self-determination.
______
Response to Written Questions Submitted by Hon. Richard Blumenthal to
Tara Mac Lean Sweeney
Question 1. The federal courts have long recognized a unique trust
relationship between the Federal Government in general--and the
Department of the interior in particular--and federally recognized
Indian Tribes. How would you characterize that relationship?
Answer. As an Alaska Native, I recognize the federal government's
relationship with tribes is rooted in its responsibility to promote
tribal sovereignty and self-determination. If confirmed, my role as
Assistant Secretary for Indian Affairs is to be an advocate for Indian
country, and uphold the trust responsibility the Federal Government has
to tribes. Consultation is a critical part of our government-to-
government relationship and a responsibility I take seriously.
Question 2. Regarding this trust status, in a situation where the
Department of the Interior has to make a decision that would either
assist the economic position of a Tribe or assist the economic
development of a private entity, how would you balance those interests?
Answer. If confirmed, my role as Assistant Secretary is to advocate
for self-determination policies on behalf of Indian country. That also
includes balancing aligned and conflicting interests. Taking a balanced
approach through local engagement and tribal consultation is the
cornerstone to self-determination.
Question 3. What is your view of the recent revisions to the
federal recognition of Indian Tribes regulations? Do you see any need
to improve the current administrative process for reviewing recognition
petitions? If so, how?
Answer. I have not been briefed on how the changes to the federal
recognition process in 2015 have improved or hindered ongoing tribal
recognition efforts. If confirmed, I commit to evaluating and assessing
the overall process.
Question 4. What is your position regarding the Carcieri decision?
Do you support legislation to overturn that U.S. Supreme Court
decision?
Answer. The Department is bound by the decisions of the Supreme
Court. As I am not at the Department, I cannot provide an official
position on legislation. I respect the role of the Congress, which has
the plenary authority over Indian Affairs matters, and appreciate its
power to legislate on matters pertaining to Indian country.
______
Response to Written Questions Submitted by Hon. Maria Cantwell to
Tara Mac Lean Sweeney
Question 1. Last December Congress passed a controversial provision
to open up the Arctic National Wildlife Refuge for oil and gas
development. I understand you have a long history of lobbying for
Arctic Refuge drilling, including being employed as the executive vice
president of the Arctic Slope Regional Corporation. I further
understand you are a shareholder in the Arctic Slope Regional
Corporation's oil and gas development interests within the Arctic
National Refuge.
Ms. Sweeney, if confirmed as Assistant Secretary, will you resign
your job with the Corporation and will recuse yourself from
participation in any matters involving the Corporation for two years?
Answer. Yes.
Question 1a. Ms. Sweeney, during your testimony before the Senate
Indian Affairs Committee you indicated that you would not request a
written waiver from federal conflict of interest law which would
otherwise allow you to participate in matters affecting your inherited
financial interest in the Arctic Slope Regional Corporation, is that
accurate?
Answer. The financial interest for which I will request a limited
waiver under 18 U.S.C. 208(b)(l)--my inherited Class A shares in
ASRC--is identical to a financial interest--my Class C shares in.
ASRC--that Congress has explicitly exempted from the prohibitions of 18
U.S.C. 208 in 18 U.S.C. 208(b)(4). Due to the lack of clarity
regarding the applicability of the 18 U.S.C. 208(b)(4) exemption to
my inherited Class A shares and as set forth in my Ethics Agreement, I
will request a limited waiver so that my inherited Class A shares will
be treated the same as my Class C shares in the ASRC. Even if this
limited waiver is granted, I will be restricted from participating in
particular matters at the Department in which the ASRC is a specific
party.
It is important as a threshold matter to note that Alaska Native
Corporation (ANC) shares are unlike shares of publicly traded
companies. One cannot simply divest and reacquire ANC shares. Congress
has recognized the unique status of these interests by creating a
statutory exemption in 18 U.S.C. 208(b)(4) from financial conflict of
interest laws for interests in certain ANC shares. This exemption
reflects the fact that it is fundamentally unfair to expect an entire
class of indigenous Americans, and in this instance, me specifically,
to divest a birthright which I am lawfully permitted to have, in order
to serve the American public.
I currently own Class C shares in the ASRC. These shares were
issued to me upon my enrollment in ASRC based on my status as a citizen
of the United States who is of one-fourth degree or more Alaska Indian
(including Tsimshian Indians not enrolled in the Metlaktla Indian
Community) Eskimo, or Aleut blood, or combination thereof; who was born
after December 18, 1971 to a parent who had been enrolled pursuant to
ANCSA in the Arctic Slope Region of Alaska; and who was, at the time of
issuance, a resident of the United States. As set forth in 18 U.S.C.
208(b)(4), my Class C Shares in the ASRC qualify for a statutory
birthright exemption from the financial conflict of interest
prohibition of 18 U.S.C. 208(a). Under this exemption, I am prohibited
from participating in particular matter at the Department in which the
ASRC is a specific party.
I also currently own Class A shares in the ASRC, which I inherited
from my mother and grandmother. While the 18 U.S.C. 208(b)(4)
exemption applies to my Class C shares, the applicability of this
exemption to my Class A shares is unsettled, because those shares were
acquired via inheritance from my mother and grandmother. As a result, I
will request a limited waiver so that my inherited Class A shares will
be treated the same as my Class C shares in the ASRC, and, even if this
limited waiver is granted, I will be restricted from participating in
particular matters at the Department in which the ASRC is a specific
party.
Question 2. Not all Alaska Natives are shareholders in the Arctic
Regional Corporation and not all support oil and gas drilling in the
Arctic National Wildlife Refuge. If confirmed as Assistant Secretary
for Indian Affairs, you will be responsible for representing the best
interests of all Alaska Natives, not just those of one Regional
Corporation.
Ms. Sweeney, how will you balance the quality of life interests of
the Gwich'in, who depend upon the caribou herds that migrate to the
coastal plan for their traditional way of life, against those of the
Arctic Slope Regional Corporation, which seeks the economic benefits of
oil and gas development?
Answer. If confirmed, my role as Assistant Secretary is to advocate
for self-determination policies on behalf of Indian country. That also
includes balancing aligned and conflicting tribal interests. Taking a
balanced approach through local engagement and tribal consultation is
cornerstone to self-determination. In this specific instance, it means
consultation with the respective Gwich'in tribal governments in
addition to the Native Village of Kaktovik traditional government.
Question 2a. Ms. Sweeney, how do you think an oil spill on
Corporation lands in the fragile North Slope tundra would adversely
impact the birthright of future Alaska Natives?
Answer. The North Slope is the region where my family and larger
Ifiupiat community have traversed, survived, and thrived for thousands
of years. This region defines who I am as a person and my people have a
deep connection to the land and environment. My people also have a long
history with oil, specifically when my great-grandfather discovered
natural oil seeps near Smith Bay in the early 1920s and shared that
discovery with the Federal Government.
To understand my answer, it is important to understand the
rationale behind the answer. When oil was first discovered in my home
region, the North Slope, the people of the North Slope or Arctic Slope,
opposed development. Despite this opposition, the Federal government
continued to carve out large swaths of land and leasing areas--creating
oil and gas enclaves on federal and what would become state lands.
Faced with an imposed reality by the federal government, North
Slope leaders recognized that if we were not an organized people,
development would happen to us, despite us. Ergo, our fight for self-
determination. Early leadership fostered the school of thought that
nothing happens to us without us. That philosophy has guided our region
since the first discovery of oil on the North Slope.
As a result, we incorporated our county form of government, the
North Slope Borough, to ensure we protected our traditional and
cultural practices, including our access to fish, wildlife, and marine
mammals. Often times the home-rule North Slope Borough, through its
planning, zoning, and permitting powers, raised the environmental
compliance standards above the federal threshold. Our local and
regional businesses implemented capacity building measures with our
residents to ensure that if there was an incident related to
development, our people were the first responders. Who better to
respond to ensure protection and access to local food sources than
those dependent upon those sources? Commitment to safety is part of our
traditional and business cultures.
Through the resiliency of the people of the North Slope and
capacity throughout our communities, there are sufficient safeguards
and protective measures and practices in place to ensure the
perpetuation and care of the land that defines us, regardless of land
title or ownership.
Question 2b. Ms. Sweeney, given your background promoting
controversial resource extraction projects such as drilling the Arctic
Refuge, support the Pebble Mine in Bristol Bay, and continuing the
Donlin Gold Mine, all of which pit different tribal interests against
each other, how will you as Assistant Secretary represent and balance
the needs of all impacted tribes?
Answer. My professional background and duties to ASRC are rooted in
advocacy of self- determination. To paint those efforts with a broad
brush for development projects in Alaska is inaccurate. To the extent
that Indian Affairs has jurisdiction over development projects, I will
follow the law. If projects are outside my jurisdiction but impact
tribal and/or competing tribal interests, my role as Assistant
Secretary, if confirmed, is to take a balanced approach through tribal
consultation, stakeholder engagement, assembling necessary data and
providing that information to the leadership of the Department to
ensure the agency or department of jurisdiction can make an informed
decision.
Question 2c. Ms. Sweeney, we also understand that there are lease
agreements for ASRC lands in the Arctic Refuge with BP and Chevron/
Texaco. Again, to make sure that we understand the potential conflicts
that could come into plan with any BIA work related to these companies,
please describe the details of these lease agreements and whether you
think any of these arrangements will require you to recuse yourself
from any matter that potentially involves BP or Chevron.
Answer. The details of those arrangements are proprietary and the
intellectual property of ASRC. Therefore, I do not have access to this
information. I will comply with my ethics agreement and consult with
OGE and/or DAEO on appropriate matters that may arise outside my
agreement.
Question 3. For the last 15 years, I have been working with the
Spokane Tribe to get the Spokane Tribe of Indians of the Spokane
Reservation Equitable Compensation Act signed into law. This bill would
provide the Tribe just and equitable compensation for the thousands of
acres that were lost when the Grand Coulee Dam was constructed in the
1930s. The legislation is non-controversial, has passed out of this
Committee almost every Congress and has passed both the House and the
Senate, but unfortunately, not at the same time.
The Tribe has made significant sacrifices to get the bill across
the finish line. This is why I was thrilled to hear Secretary Zinke
visited the Spokane Tribe and pledged to support compensation for the
Tribe. His exact words were ``I support getting to a conclusion on
this'' and ``This is one area where Maria Cantwell and I can work
together.''
Ms. Sweeney, do you support the Secretary's Statement?
Question 3a. Ms. Sweeney, currently, the Department of Interior is
working with the Department of Justice to determine if the Spokane
Tribe of Indians of the Spokane Reservation Equitable Compensation Act
qualifies as an Indian water rights claim in accordance to the letter
sent to Attorney General Sessions and Secretary Zinke by House Natural
Resources Chairman Bishop on April 27, 2017. It is critical this
process is completed expeditiously. Can you assure me that you will
support this process moving forward expeditiously?
Answer. I am not familiar with the bill or the Secretary's
statements but understand its importance to both you and the Spokane
Tribe. If confirmed, I commit to learning more and will work with you,
the Congress, and the Department on this matter.
Question 4. Many tribes in Alaska and across the country are
experiencing negative impacts from climate change. These range from
changes in subsistence and wildlife patterns, to coastal erosion
forcing community relocation in Alaska, and droughts in the southwest.
Ms. Sweeney, what do you see as BIA's role in the broader
conversation about climate change?
Question 4a. Ms. Sweeney, how important is it in you r view that
DOI or any federal agencies take into account traditional ecological
knowledge into its decisionmaking?
Question 4b. Ms. Sweeney, if tribes are opposed to actions that the
federal government is taking, including actions regarding public lands,
how will you help them have a meaningful voice and roll in any
processes and accurately carry their message to the administration?
Answer. As I indicated at the hearing, my role as Assistant
Secretary for Indian Affairs will be to support tribal sovereignty and
self-determination and be an advocate for Indian country. Tribal
consultation will be essential in determining how best to meet the
varying needs of individual tribes across the country.
Question 5. A number of Tribes from Washington state and around the
country have expressed concern over the Department of Interior's review
of fee-to-trust regulations (25 C.F.R. 151). My tribal constituents
fear that the Department's proposal will make it increasingly difficult
for tribal nations to restore their homelands and place land into trust
status.
Ms. Sweeney, what is your understanding of the fee-to-trust
process?
Question 5a. Ms. Sweeney, if nominated, will you review the actions
the Department of Interior has taken thus far to revise the process?
Question 5b. Ms. Sweeney, how will you and the Department consult
with Tribes on potential changes to the fee-to-trust process?
Answer. I am generally aware of the Department's process for taking
lands into trust. Because I am not at the Department, however, I have
not briefed on any proposed changes to the Part 151 regulations. If
confirmed, I will commit to learning more about this issue and look
forward to consulting with tribes on this important responsibility.
______
Response to Written Questions Submitted by Hon. Tom Udall to
Tara Mac Lean Sweeney
Ethics
Question 1. Your Ethics Agreement states that ``[i]f I am confirmed
as Assistant Secretary--Indian Affairs of the Department of the
Interior, I am aware that I am prohibited by 30 U.S.C. 121 l(f) from
holding a financial interest in any surface or underground coal mining
operation'' (emphasis added). 30 U.S.C. 121 l(f) provides that ``[n]o
employee of the Office (of Surface Mining Reclamation and Enforcement]
or any other Federal employee performing any function or duty under
this chapter shall have a direct or indirect financial interest in
underground or surface coal mining operations'' (emphasis added). Your
signed agreement only indicates that you are aware of the federal
prohibition, but it does not indicate how you will comply with it.
a.Please attest that you will comply with 30 U.S.C. 121l(f) if
confirmed to the position of Assistant Secretary.
b.Please explain how you will comply with 30 U.S.C. 1211(f) if
confirmed as Assistant Secretary.
c.Please provide the rationale used by the Office of Government
Ethics (``OGE'') or your Designated Agency Ethics Official to determine
your Ethics Agreement complies with 30 U.S.C. 1211(f.).
Answer. My Ethics Agreement was reviewed and approved by the
Alternate Designated Agency Ethics Official (DAEO) for the Department
of the Interior and the Office of Government Ethics as compliant with
applicable ethics requirements. I will comply with the requirements 30
U.S.C. 121l(t) and its implementing regulations 30 C.F.R. Part 706,
if confirmed to the position of Assistant Secretary, by working with
the Departmental Ethics Office and recusing myself from performing any
functions or duties under 30 U.S.C. Chapter 25.
Question 2. Your ethics agreement provides that ``you will request
a waiver pursuant to 18 U.S.C. 208(b)(l) regarding [your] inherited
financial interest in the Arctic Regional Corporation'' (emphasis
added). That particular statutory waiver provides that an employee may
participate personally and substantially in a particular matter in
which she has a financial interest if she receives ``in advance a
written determination made by such official that the interest is not so
substantial as to be deemed likely to affect the integrity of the
services which the Government may expect from such officer or
employee.'' Based on the Ethics Agreement's citation to the waiver
contained in 18 U.S.C. 208(b)(l), it appears to set forth your intent
to seek a waiver to participate in matters involving the Arctic Slope
Regional Corporation.
a.Please attest that you will recuse yourself from all matters
before the DOI related to the Arctic Slope Regional Corporation
(``ASRC''), if confirmed.
b.Please attest that you will recuse yourself from all matters
before the DOI related to the ASRC oil and gas development in
accordance with Sec. 20001 of Pub. L. No. 115-97, if confirmed.
c.Please attest that you will not seek a waiver in accordance with
Section 208(b)(l) or any other relevant statutory or regulatory
provision, if confirmed.
Answer. The financial interest for which I will request a limited
waiver under 18 U.S.C. 208(b)( 1)--my inherited Class A shares in
ASRC--is identical to a financial interest--my Class C shares in ASRC -
that Congress has explicitly exempted from the prohibitions of 18
U.S.C. 208 in 18 U.S.C. 208(b)(4). Due to the lack of clarity
regarding the applicability of the 18 U.S.C. 208(b)(4) exemption to
my inherited Class A shares and as set forth in my Ethics Agreement , I
will request a limited waiver so that my inherited Class A shares will
be treated the same as my Class C shares in the ASRC. Even if this
limited waiver is granted, I will be restricted from participating in
particular matters at the Department in which the ASRC is a specific
party.
It is important as a threshold matter to note that Alaska Native
Corporation (ANC) shares are unlike shares of publicly traded
companies. One cannot simply divest and reacquire ANC shares. Congress
has recognized the unique status of these interests by creating a
statutory exemption in 18 U.S.C. 208(b)(4) from financial conflict of
interest laws for interests in certain ANC shares. This exemption
reflects the fact that it is fundamentally unfair to expect an entire
class of indigenous Americans, and in this instance, me specifically,
to divest a birthright which I am lawfully permitted to have, in order
to serve the American public.
I currently own Class C shares in the ASRC. These shares were
issued to me upon my enrollment in ASRC based on my status as a citizen
of the United States who is of one-fourth degree or more Alaska Indian
(including Tsimshian Indians not enrolled in the Metlaktla Indian
Community) Eskimo, or Aleut blood, or combination thereof; who was born
after December 18, 1971 to a parent who had been enrolled pursuant to
ANCSA in the Arctic Slope Region of Alaska; and who was, at the time of
issuance, a resident of the United States. As set forth in 18 U.S.C.
208(b)(4), my Class C Shares in the ASRC qualify for a statutory
birthright exemption from the financial conflict of interest
prohibition of 18 U.S.C. 208(a). Under this exemption, I am
prohibited from participating in particular matter at the Department in
which the ASRC is a specific party.
I also currently own Class A shares in the ASRC, which I inherited
from my mother and grandmother. While the 18 U.S.C. 208(b)(4)
exemption applies to my Class C shares, the applicability of this
exemption to my Class A shares is unsettled, because those shares were
acquired via inheritance from my mother and grandmother. As a result, I
will request a limited waiver so that my inherited Class A shares will
be treated the same as my Class C shares in the ASRC, and, even if this
limited waiver is granted, I will be restricted from participating in
particular matters at the Department in which the ASRC is a specific
party.
Question 3. On May 7, 2018, you provided the Committee with an
update to your OGE Form 278e. The OGE 278e was final as of February 6,
2018. This update states that you received additional income from the
ASRC in the amount of $618,737 after February 6, 20 18, as part of
ASRC's Employee Incentive Program and Long-Term Incentive Program.
a.Please describe the structure and purpose of the ASRC Employee
Incentive Program and Long-Term Incentive Program, including
information on which ASRC employees are eligible to participate in
these programs and how frequently the programs provide monetary
incentives of $1,000+ to individual eligible employees.
b.Please list all monetary incentives you have received from ASRC
under the Employee Incentive Program and Long-Term Incentive Program
for the last three years.
c.Were the incentives listed in response to (b) reflected in the
entries for ``ASRC, Wages'' you entered in your response to Question
(G)(7) of the Committee' s Biographical and Financial Information
Questionnaire?
i.If so, please indicate the portion of amounts labeled ``ASRC,
Wages'' that were obtained as part of your annual salary and the
portion obtained as part of the Employee Incentive Program and the
Long-Term Incentive Program.
ii. If not, please explain your exclusion of these monetary
incentives received under the Employee Incentive Program and the Long-
Term Incentive Program.
d.Are you aware of any other ASRC employees who have received
payments in excess of $100,000 from ASRC under the Employee Incentive
Program and the Long-Term Incentive Program? If so, would you describe
such payments as common?
Answer. In response to questions a, b, and d, I have an employment
non-disclosure agreement that prohibits me from disclosing proprietary
information about ASRC. In response to question c, the incentives are
specifically spelled out in my financial questionnaire under 'wages.'
Question 4. Question (c)(4) of the Committee's Biographical and
Financial Information Questionnaire asks you to describe any activity
``during the last 10 years in which you have engaged for the purpose of
directly or indirectly influencing the passage, defeat, or modification
of any legislation or affecting the administration and execution of law
or public policy, regardless if you were a registered lobbyist.''
Your response provides a general overview of the types of
activities you have engaged in as an ASRC employee during the 10 year
period referenced in the question.
a.Please list any specific federal legislation or regulation upon
which you have sought to directly or indirectly influence the passage,
defeat, or modification of as a private citizen or in a professional
capacity since 2015.
b.If confirmed, will you recuse yourself from any matters related
to specific legislation, regulation, or Departmental policy for which
you advocated on behalf of ASRC?
c.If confirmed, will you recuse yourself from any matters related
to specific legislation, regulation, or Departmental policy for which
ASRC, Ukpeagvik Inupiat Corporation, the Inupiat Community of the
Arctic Slope, or the Native Village of Barrow may hold an interest?
d.Are any members of your immediate family currently or previously
registered as a Congressional lobbyist? If so, please detail the dates
during which each individual was registered as a Congressional
lobbyist, the name(s) of any organization/client for which each
individual lobbied, and a description of the issues on which each
individual lobbied Congress.
e.If you answered yes to (d) and you are confirmed, will you work
with the Office of Government Ethics or your Designated Agency Ethics
Official to ensure no conflicts of interest arise?
Answer. In responses to questions a through c, T will adhere to the
terms of the ethics agreement that I signed and which has been provided
to the Committee. Under the terms of that agreement, I will be
restricted from participating in particular matters at the Department
in which ASRC and Ukpeagvik lnupiat Corporation are specific parties,
and I intend to actively consult with the Department's Designated
Agency Ethics Official to ensure compliance with that agreement, if
confirmed.
In response to question d, none of my immediate family members are
registered as a Congressional lobbyist; in the event this changes, I
will commit to work the Department's Ethics Office.
Personnel Decisions
Question 5. The Office of the Inspector General (OIG) recently
confirmed that DOI, acting through its Executive Resources Board,
agreed to move 35 staff members and ultimately reassigned 27 of its
approximately 227 members between June 15 and October 29, 2017. \1\
These reassignments have had a disproportionate impact on American
Indian and Alaska Native (Al/AN) employees, with 11 of the 35
transferred employees identifying as Native American. Some of these
high-ranking AI/AN employees either come from, or formed significant
connections over their years of service with, the communities in which
they work.
\1\ OFFICE OF INSPECTOR GENERAL. REPORT NO. 2017-ER-061, U.S.
DEPARTMENT OF THE INTERIOR. REASSIGNMENT OF SENIOR EXECUTIVES AT THE
U.S. DEPARTMENT OF THE INTERIOR (April 2018), available at https://
www.doioig.gov/sites/doioig.gov/tlles/
FinalEvaluaiion_SESReassignments_Public.pdf
---------------------------------------------------------------------------
a.If confirmed, what reassurances can you provide that future
reassignments will not have a disproportionate impact on AI/AN
employees?
b.What would you do as Assistant Secretary to ensure DOJ consults
with the communities most affected by disruptive employee reassignments
prior to reassignment?
Answer. I am not at the Department and have not been briefed on any
of the reassignments you mention. If confirmed as Assistant Secretary
for Indian Affairs, I will follow the law and Departmental policy on
the reassignment of employees.
Question 6. The OIG found as a part of its review of DOI's
reassignment of Senior Executive Service (``SES'') employees that the
majority of affected individuals (17 out 27) questioned whether the SES
reassignments were political, punitive, or related to their proximity
to retirements. Of that majority, 12 SES individuals informed OIG that
DOI may have targeted them due to their work on climate change, energy,
or conservation. Some of these employees targeted for reassignment may
remain under your supervision.
If confirmed, how will you protect employees in your ranks that may
have policy disagreements with you and others above you?
Answer. My role as Assistant Secretary for Indian Affairs will be
to engage the staff at the Bureau of Indian Affairs and Bureau of
Indian Education to better understand the challenges and issues we face
both internally and across Indian country. If confirmed, I will lead
Indian Affairs according to our mission, which is ensuring the federal
government is fulfilling its responsibility of sovereignty and self-
determination.
Question 7. Recent news articles reported that three high-ranking
DOI officials said that Secretary Zinke made several comments
questioning the importance of a diverse workforce, saying ``diversity
isn't important,'' or ``I don't care about diversity,'' or ``I don't
really think that's important anymore.'' Secretary Zinke disputes these
reports.
What steps would you take as Assistant Secretary to ensure that
DOl's workforce reflects the diversity of the people the Department
serves, particularly as it applies to Indian Country?
Answer. I cannot speak to the matters you reference. However, if
confirmed as Assistant Secretary, I will sit down with staff at the
Department to better understand the internal challenges and issues we
face. I want to discuss how to support employees, fill gaps, and
reinvigorate our commitment to the mission, which is ensuring the
federal government fulfills its trust responsibilities.
Question 8. It is well-established that DOI may give preference to
AI/ANs when filling vacancies for jobs that provide services to AI/ANs.
The basic goals of these Indian preference laws are clear: ``to give
Indians a greater participation in their own self-government; to
further the Government's trust obligation toward the Indian tribes; and
to reduce the negative effect of having non-Indians administer matters
that affect Indian tribal life.'' \2\
---------------------------------------------------------------------------
\2\ Morton v. Mancari, 41 7 U.S.535, 541-42 (1974) (citations
omitted).
---------------------------------------------------------------------------
If confirmed, will you follow well-established Indian hiring
preferences in filling vacant positions within your purview (e.g.,
initial hiring, reassignment, transfer, competitive promotion,
reappointment or reinstatement)?
Answer. If confirmed, I will follow all relevant laws that dictate
matters pertaining to employees under my purview, including Indian
preference.
DOI Reorganization
Question 9. Secretary Zinke proposes dividing DOI's Bureaus into 13
geographic regions across the country based on watersheds and other
natural resource boundary lines. DOI's Fiscal Year 2019 budget request
for the BIA included $900,000 ``to support the Department's migration
to common regional boundaries to improve service and efficiency.'' Yet,
at a recent Senate hearing to review DOI's Fiscal Year 2019 funding
request and budget justification, Secretary Zinke stated that he is
``not going to include the tribes unless they want to [be included in
the reorganization].''
a.If confirmed, what will you do as Assistant Secretary to ensure
that DOI conducts a robust consultation with all potentially affected
tribes?
b.If confirmed, will you commit to carrying Indian Country's
concerns to the highest levels of the federal government--not only
Secretary Zinke but also the President?
Answer. If confirmed, I look forward to being briefed on the status
of the Department's reorganization efforts, including plans to consult
with tribes. As Assistant Secretary for Indian Affairs, my role is to
be an advocate for Indian country. To me, this means engaging all
levels of government on Indian country's needs.
Bureau of Indian Education
Question 10. In 2017, the Government Accountability Office added
the Bureau of Indian Education (BIE) to its ``High Risk'' list. BlE is
undergoing a number of reforms related to this designation and as part
of a reorganization begun under the previous DOI Secretary.
a.Please describe your familiarity with the BIE K-12 school system
and outline the top three challenges that you believe face the Bureau.
b.If confirmed, how would you approach working with BIE officials,
Tribes, BIE parents, BIE students, and other stakeholders to ensure any
reform efforts suit the needs of federally-operated and tribally-
operated BIE schools?
Answer. As stated at the hearing, my education was impacted when my
village transitioned from the Bureau of Indian Affairs to a locally
controlled school system. There are significant challenges within the
Bureau of Indian Education that must be addressed immediately to begin
improved service delivery for Indian students. Many of the
recommendations in GAO's High Risk report are common sense and common
best practice i n the private sector. The top three challenges include:
1 .Commitment to safety: I strongly believe that students
within the BIE system should not be condemned to an unsafe
learning environment. It is inexcusable that our children and
their teachers are in unsafe facilities and subjected to
conditions that can be corrected with basic property management
skills. This i includes annual safety facility inspections,
monitoring plan of safety inspections, and capacity building
with staff to address safety deficiencies.
2.Clear strategic direction: Success and effectiveness in the
private sector are driven by clear direction. Information
highlighted by the GAO High Risk report illustrate a
significant need for strategic management and capital asset
plans, authority matrices, and workforce, quality control and
financial analysis procedures. I am driven to build a team
inside of BlE committed to execution of tactics necessary to
remove this bureau from the high risk list.
3.Improved oversight: Identifying progress or success is
contingent upon measurable factors and accountability. This
includes effective oversight to ensure achievement of agency or
bureau goals. Tightening up project controls, performance, and
accountability measures will contribute to improved
efficiencies and effectiveness of service deliver to our
children.
Question 11. The BIE provides funding to a number of tribal
colleges and universities (TCUs) and directly operates two institutions
of higher education, the Southwestern Indian Polytechnic Institution
and Haskell Indian Nations University.
Please describe your familiarity with TCUs and, if confirmed, how
you would work with the BIE Director to support the missions of these
institutions.
Answer. I am generally familiar with TCUs. If confirmed, I look
forward to working with the BIE Director to assess the existing needs
within our tribal colleges and universities and consulting with tribes
to determine how best to support these entities.
Question 12. Reliable Internet connectivity remains a challenge for
many K-12 and post-secondary schools in Indian Country.
If confirmed, how will you work with other federal agencies
(e.g.,the U.S.Department of Agriculture's Rural Development Services
and the Federal Communications Commission's Universal Service Fund) to
help schools on Indian lands access affordable state-of-the-art
Internet connectivity?
Answer. As an Alaska Native, I understand firsthand the challenges
Indian country faces in terms of access to broadband. As I indicated at
the hearing, I am committed to breaking down silos across Departments
and agencies in order to deliver much-needed services to Indian
country, including the students we serve.
Land into Trust
Question 13. The BIA testified before this Committee two weeks ago
and provided some data on land into trust acquisitions. DOI' s witness
testified that, since this Administration began in January 2017, the
BIA has taken 16,000 acres of land into trust. And of 1,300 pending
applications, less than 2 percent (21 applications) are for gaming
purposes. Trust acquisitions are important tools for Indian and Alaska
Native Tribes to restore tribal homelands. In fact, Alaska Native
tribes are now eligible for these important trust acquisitions as a
result of Akiachak Native Cmty. v. Salazar, 935 F. Supp. 2d 195, 210
(D.D.C. 2013).
a.Do you agree that trust acquisitions are important for restoring
tribal homelands, including in Alaska?
b.What will you do as Assistant Secretary to continue land into
trust acquisitions that appear to be stalled under this Administration?
Answer. I cannot comment on the current status of land into trust
applications but will commit to learning more, if confirmed.
______
Response to Written Questions Submitted by Hon. Catherine Cortez Masto
to Tara Mac Lean Sweeney
Question 1. Nevada recently became one of several states to
decriminalize recreational use of marijuana. Nevada tribes are
interested in pursuing marijuana-related economic development with the
State's support. In fact, some Nevada tribes have already invested
significant capital in this business, providing income for the health
and welfare for tribal members. How will you support tribal efforts to
engage in marijuana-related economic development in Nevada?
Answer. If confirmed as Assistant Secretary for Indian Affairs, I
will make it a priority to consult with tribes, including those located
in Nevada, on their individual economic development interests and
needs.
Question 2. Both Secretary Zinke Interior and President Trump have
questioned the designation of Gold Butte and Basin and Range National
Monuments, both of which contain important tribal cultural resources in
need of protection. How will you defend against Executive action
proposing to diminish or eliminate these National Monuments? How will
you guarantee tribes have a seat at the table when it comes to
decisions, activities, and land management on and near their
communities' lands?
Answer. While I am not at the Department and not briefed on any
decisions relating to national monuments, I understand how important
this issue is to you. I look forward to learning more, if confirmed.
Question 3. Taking lands into trust on behalf of the tribes is one
of the most vital functions the Department undertakes. Recently,
Department of Interior officials appear to be gearing up to change the
fee-to-trust regulations (25 CFR Part 151), in particular for off-
reservation trust acquisitions. Acquisition of land in trust is
essential to tribal self-determination. Do you think that the Part 151
regulations need any changes? How would you ensure that any proposed
changes fulfill the Indian Reorganization Act's goals ``to provide land
for Indians'' and enable tribes to achieve and maintain self-support?
Answer. I am not at the Department and only generally aware of the
details relating to proposed changes to Part 151 regulations. I am
committed to following the law and will look forward to learning more,
if confirmed.
Question 4. The Department of the Interior's FY 2019 budget
justification includes almost $18 million to begin the process of
reorganization of the Department of the Interior along 13 different
regional offices, yet the Department has provided little information to
Congress and very little organized tribal consultation. Can you
describe what you consider appropriate tribal consultation? How will
Tribes factor into the process and what benefits do you expect they
will see from this process?
Answer. While I cannot speak to the Department's reorganization
plans, if confirmed, T will work diligently to uphold the federal
government's trust responsibility to tribes. I place a high premium on
consultation and if confirmed, I am committed to bringing people
together and breaking down silos to ensure I have the information I
need to make the right decisions. I stand ready and willing to work on
behalf of all Native people.
Question 5. Nevada does not have significant amounts of natural
gas, oil, or coal production, but energy produced by solar and
geothermal has been a major boon to the diversification of our economy,
and has provided clean energy for Nevadans and throughout the west. In
my state, many of the Indian tribes have plans to expand businesses on
reservations in order to provide jobs for their members--some of this
business activity includes opening their land to renewable energy
projects. What do you intend to do to be helpful for Indian Country,
and tribes in my state, who are looking to diversify their economy
through clean energy investments?
Answer. I believe sovereignty is about self-determination and the
role of Assistant Secretary for Indian Affairs is to work with tribal
leaders across Indian country on the priorities that are most important
to them. If confirmed, I will work with tribes to ensure they have the
tools necessary to exercise their rights and create economic
opportunities that best fit their individual needs.
[all]