Rep. Don Young, Alaska
WASHINGTON – What if Rep. Don Young, R-Alaska, held a hearing
on federal recognition of tribes and no one came? At least no
one from the federal agency that handles tribal recognition
issues? That’s what happened on June 27, when Young called a
meeting of the Subcommittee on Indian and Alaska Native Affairs,
titled, “Authorization, standards, and procedures for whether,
how, and when Indian tribes should be newly recognized by the
federal government,” and Interior Secretary Ken Salazar and all
staff underneath him declined to show up. The slight was made
all the more stinging when two weeks later, on July 12, the
Senate Committee on Indian Affairs, chaired by Sen. Daniel
Akaka, D-Hawaii, held a hearing on the same issue, and Interior
sent an expert witness.
Questions come fast and furious: Are we seeing the era of
political hardball clash with the usually bi-partisan efforts on
Indian policy? Is Interior so desperately understaffed on Native
policy issues that it couldn’t find anyone to send to Young’s
meeting? Does Young have bad breath?
Regardless of the answers to any or all of those questions,
Young is mad, and he believes politics are at play.
“Unfortunately, it’s become clear to the Congressman that the
Department of the Interior [DOI] is playing politics with tribal
federal recognition—especially when you consider how many times
DOI has stonewalled not only Rep. Young’s Subcommittee, but the
House Natural Resources Committee as a whole,” said Luke Miller,
a spokesman for Young.
“Congressman Young has always held the belief that Congress
has the final say when it comes to making federal tribal
policy,” Miller added. “It does seem as if DOI’s reluctance to
work with our subcommittee is rooted in their belief that
they—the executive branch—have primary authority over
federal tribal policy.”
Miller added that past “DOI stonewalling” has led Rep. Doc
Hastings, R-Wash., who is the House Natural Resources Committee
Chairman, to issue subpoenas to get Interior to offer up
information on certain issues, including its role in the
Deepwater Horizon oil spill. (Hastings’ committee includes the
Indian subcommittee.)
He said this situation impairs Young’s ability to work for
tribes on recognition issues: “In the end, DOI’s reluctance to
work with Rep. Young and others on the subcommittee hurts Native
Americans, because the matters they are seeking to resolve are
being held up by political games on the part of this
administration.”
Interior officials say no insult was intended, that it was
just a scheduling issue. “Indian Affairs is working closely with
Chairman Young’s staff to reschedule a workable date for the DOI
witness to appear before the House Natural Resources
Subcommittee on Indian Affairs hearing on Federal Recognition,”
said Nedra Darling, a spokeswoman for Interior and the BIA, in
an e-mail. “[A]ppropriate Indian Affairs officials were
unavailable to testify before the House Subcommittee on Indian
Affairs due to previous commitments. Indian Affairs looks
forward to discussing the Federal Acknowledgement process with
Chairman Young and the House Subcommittee on Indian Affairs.”
That explanation does not satisfy Young and those who have
noted the close dates of the SCIA and House subcommittee
hearings on the same issue. The question, for them, remains: Why
was someone available to testify before the Democratic-led SCIA
just two weeks after the Republican-led Indian subcommittee held
a hearing on the same issue?
Whether politics was an issue or not, many recent defections
and staffing problems at the agency support the notion that the
agency is understaffed – and perhaps overwhelmed – on Indian
policy matters. There have been some recent high-profile exits:
Larry Echo Hawk, former Assistant Secretary on Indian Affairs,
left for a leadership position with the Mormon Church in April;
his chief of staff Paul Tsosie followed him to Utah; Jodi
Gillette, former Deputy Assistant Secretary to the Assistant
Secretary on Indian Affairs for Policy and Economic Development,
recently moved to the White House to become a senior advisor on
Indian affairs. Before he left, Echo Hawk appointed former
eastern Oklahoma regional BIA office director Jeanette Hanna as
special assistant on Indian issues—a controversial appointment,
since Hanna had been removed from her leadership post in
Oklahoma because of an “ongoing personnel matter,” according to
reporting by The Tulsa World and The Washington
Post.
The Obama administration has not nominated a permanent
replacement for Echo Hawk, and some knowledgeable sources say
that few qualified Indians are willing to accept federal Indian
positions given the lack of prestige and pay, and the
uncertainty on whether President Barack Obama will be elected to
a second term. Meanwhile, Del Laverdure, the current acting
Assistant Secretary on Indian Affairs, is being hammered by
Congress over the DOI’s failure to release a tribal “Labor Force
Report” this year, in violation of federal law. Legal issues
aside, Laverdure’s ability to negotiate the political landmines
involved here is also being tested.
The skeleton-crew problems do not portend well for tribes on
federal recognition or any issues, according to observers.
“I assume that the problem the Department had in June was
related to a lack of staff,” said Eric Eberhard, an Indian law
professor at Seattle University who previously worked for SCIA
in the 1990s. “If that is correct, it is imperative that the
Department take prompt action to get fully staffed so that
requests for testimony on issues of this magnitude can be
handled promptly and thoroughly. The Department’s responsibility
to all of Indian country in the area of federal recognition
deserves full funding and staffing. The Congress can and should
provide the necessary funding and oversight to make sure the
Department is carrying out this duty in a fair, efficient and
balanced way. Congress can’t do that if they don’t have the
cooperation and information from the Department.”
Larry Rosenthal, a partner at Ietan Consulting, a tribal
lobbying firm, accepts Interior’s explanation, that the slight
wasn’t politically motivated. “I don’t think this administration
has been shy about testifying on both sides of the Hill,” the
former Democratic congressional staffer said. “From what I have
seen, they have shown up to deliver good news and to take their
lumps.” Indeed, during the July 12 SCIA hearing on federal
tribal recognition, Interior received admonishment from
pro-Indian country legislators when policy advisor Bryan Newland
was forced to agree that the Obama administration has not
followed through on a November 2009 promise to propose new
federal recognition regulations within a year. Newland said he
couldn’t promise that such regulations would even be ready by
the end of the current session of Congress. The Democratic
lawmakers in charge did not take kindly to that admission.
“But Don Young is such a long-time champion in Indian
country, that I would see no reason for them not to testify
before his subcommittee,” Rosenthal added. “This is particularly
true when talking about a thorny issue like federal recognition,
where both sides need to work together to fashion a solution.
I don’t see any political upside to dodging Don Young, so my
instincts tell me something else was at play.”
Other possible explanations for the slight are bad blood
between Interior administrators and Young, who has suggested the
need for strong reforms at BIA under both Republican and
Democratic administrations; and the reality that all Executive
Branches, regardless of political stripe, sometimes tend to
respond more quickly to Senate requests over ones from the
House—even though the branches are supposed to be equal in
weight.
No matter what the reason, the consensus is that nothing good
for tribes can possibly come from this tension. “It’s a most
unfortunate development for tribes,” said Philip Baker-Shenk, a
partner with Holland & Knight’s Indian Law Practice, who
previously worked for the Senate. “When mistakes like these
happen—for whatever reason—they need to be repaired, because
both the Department and the committee need to find ways to work
together on delicate issues like federal recognition.”
At least one possible source of conflict here has been
eliminated: Young’s office confirmed to Indian Country Today
Media Network that he does not have bad breath. “The congressman
practices good dental hygiene by regularly brushing his teeth,”
Miller said.
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