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[110 Senate Hearings]
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S. Hrg. 110-8
NOMINATION OF CARL J. ARTMAN
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED TENTH CONGRESS
SECOND SESSION
ON
THE NOMINATION OF CARL J. ARTMAN TO BE ASSISTANT SECRETARY OF INDIAN
AFFAIRS, DEPARTMENT OF THE INTERIOR
__________
FEBRUARY 1, 2007
WASHINGTON, DC
U.S. GOVERNMENT PRINTING OFFICE
32-999 PDF WASHINGTON : 2007
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COMMITTEE ON INDIAN AFFAIRS
BYRON L. DORGAN, North Dakota, Chairman
CRAIG THOMAS, Wyoming Vice Chairman
DANIEL K. INOUYE, Hawaii JOHN McCAIN, Arizona
KENT CONRAD, North Dakota PETE V. DOMENICI, New Mexico
DANIEL K. AKAKA, Hawaii GORDON SMITH, Oregon
TIM JOHNSON, South Dakota LISA MURKOWSKI, Alaska
MARIA CANTWELL, Washington RICHARD BURR, North Carolina
CLAIRE McCASKILL, Missouri TOM COBURN, M.D., Oklahoma
JON TESTER, Montana
Sara G. Garland, Majority Staff Director
David A. Mullon Jr. Minority Staff Director
(ii)
C O N T E N T S
----------
Page
Statements:
Artman, Carl J., nominee to be assistant secretary, Indian
Affairs, Department of the Interior, Washington, DC........ 7
Cantwell, Maria, U.S. Senator from Washington................ 13
Danforth, Gerald L., chairman, Oneida Tribe of Indians of
Wisconsin.................................................. 2
Dorgan, Byron L., U.S. Senator from North Dakota, chairman,
Committee on Indian Affairs................................ 1
Gollnick, William, chief of staff, Oneida Tribe of Indians of
Wisconsin.................................................. 2
Johnson, Jacqueline, executive director, National Congress of
American Indians........................................... 4
Thomas, Hon. Craig, U.S. Senator from Wyoming, vice chairman,
Committee on Indian Affairs................................ 2
Appendix
Prepared statements:
Artman, Carl J. (with attachment)............................ 15
Danforth, Gerald L........................................... 167
Johnson, Jacqueline (with attachment)........................ 167
Note: Other material submitted for the record are retained in
committee files.
NOMINATION OF CARL J. ARTMAN
----------
THURSDAY, FEBRUARY 1, 2007
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The committee met, pursuant to notice, at 9:30 a.m. in room
485, Senate Russell Office Building, Hon. Byron L. Dorgan
(chairman of the committee) presiding.
Present: Senators Dorgan, Thomas, Inouye, Tester, and
Cantwell
STATEMENT OF HON. BYRON L. DORGAN, U.S. SENATOR FROM NORTH
DAKOTA, CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS
The Chairman. We will call the hearing to order today.
Today we are receiving testimony on the President's
nomination of Carl Artman to be Assistant Secretary for Indian
Affairs at the Department of the Interior. In addition to Mr.
Artman, statements will be made by Chairman Danforth of the
Oneida Tribe of Wisconsin, in which Mr. Artman is a member, and
by Jacqueline Johnson, executive director of the National
Congress of American Indians.
Last September, our committee held a hearing on Mr.
Artman's nomination. We moved quickly to approve the nomination
and move it to the floor of the Senate. There was a hold put on
it in the Senate, and the nomination did not get completed. The
President has resubmitted the nomination. I decided to hold an
early hearing. It is my intention to report the nomination out
today with the consent of the Vice Chairman and the other
committee members. Then it is my intent next week to work very
hard to try to move this nomination. I talked to the Secretary
of the Interior yesterday. If we need to get some help from the
President, we need to do that.
It is shameful to me that starting tomorrow, the month of
February, it will be 2 full years that the Assistant Secretary
for Indian Affairs position has been open and unfilled. That is
unbelievable, given the challenges we face. Whatever the
reasons for it, it has to change. This has to stop. We have a
nominee that I believe is qualified, well qualified, I have
supported this nominee. I will do so again this morning.
If there are problems here in the Congress as we move this
to the floor, my hope is that myself, the vice chairman, the
Secretary of the Interior and the President can figure out
where those problems exist, resolve them and move this
nomination. It is long past the time that the assistant
secretary position be filled. As I said, we have significant
challenges. I use the word crisis to describe what we are
confronted with in Indian health care and housing and other
related issues. I don't believe that is too strong a word. But
to see this position unfulfilled for 2 full years is just plain
wrong. I hope we can resolve that and fix it.
So I will in 1 moment call up the first two witnesses, but
let me call on the vice chairman for comments.
STATEMENT OF HON. CRAIG THOMAS, U.S. SENATOR FROM WYOMING, VICE
CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS
Senator Thomas. Thank you, Mr. Chairman. Certainly I share
your concern about the vacancy that has been here. It is past
time to fill it, and I am delighted that we are moving forward.
I certainly support that.
I too talked to the Secretary of the Interior and certainly
have been working to get this going. I certainly want us to
continue. I extend my greetings to Mr. Artman and appreciate
him being here for the second time for his nomination. He has a
varied background in Government and the private sector, which
is needed to fulfill all the requirements for this position.
I also extend welcome to our witnesses this morning, Gerald
Danforth and Jacqueline Johnson. We are glad to have you here.
So again, I agree with the chairman that this vacancy has
been there too long. It is very important to have a voice right
in the secretary's group for the Indian tribes and the Indian
affairs. So I think we have a chance here, Mr. Chairman, to
move forward, and I support you and I am very pleased to have
Mr. Artman be our candidate.
The Chairman. Senator Thomas, thank you very much.
Let me call our first two witnesses, Gerald Danforth,
chairman of the Oneida Tribe in Wisconsin; and also Jacqueline
Johnson, executive director of the National Congress of
American Indians here in Washington, DC. Chairman Danforth and
Ms. Johnson, thank you very much.
Chairman Danforth, we will hear from you first. Welcome.
STATEMENT OF GERALD L. DANFORTH, CHAIRMAN, ONEIDA TRIBE OF
INDIANS OF WISCONSIN, ACCOMPANIED BY WILLIAM GOLLNICK, CHIEF OF
STAFF
Mr. Danforth. Thank you, Mr. Chairman. Good morning, Vice
Chairman Thomas, good morning, honorable members of the Senate
Committee on Indian Affairs.
I am Gerald Danforth, chairman for the Oneida Tribe of
Indians of Wisconsin. And I bring along a message from just
less than 16,000 Oneidas of Wisconsin, expressing their pride
and offering our support and confidence in this particular
candidate, Carl Joseph Artman.
As you just recalled, this past Congress, when this hearing
was first held to consider Carl, I was not able to attend at
that time. Our vice chair, Kathy Hughes, represented the Oneida
Tribe at that particular hearing. But I feel very privileged
and honored to be here to offer this testimony this morning.
Mr. Artman is a very bright and extremely hard-working
individual. He has established a broad array of educational
achievements and has sought out many, many different diverse
career opportunities to apply those achievements to. We believe
that his academic record and his professional experiences more
than highly qualify him for these responsibilities.
We know that the job of the assistant secretary is
demanding. In the best of circumstances, it is a very delicate
balance of authority and responsibility, and we believe that
Carl Artman has demonstrated in many different ways his ability
to fulfill those sort of demanding circumstances to a very
significant and good resolve.
I was at the listening session you made reference to, Mr.
Chairman, this past Saturday. I spoke on behalf of Oneida then
that we believe that the committee's priorities and the agenda
that you framed out were right on point and very much in line
with what ours were at home. In listening to it, I think there
were probably, I want to say 150 or 160 tribal leaders present
on that Saturday morning in Minnesota to attend that hearing.
It was phenomenal.
So I appreciate your motivation and your desire to
invigorate this activity throughout Indian country. I think it
was really appreciated by all who attended. I would like to
note, too, that during the course of that listening session,
when you had made reference to this appointment of the
assistant secretary's position coming forward in an expeditious
sort of way, the resolve around the room was very much in line
with what your thoughts were. And I say that because it is not
just an Oneida thing, it is not just a Carl Artman thing, it is
about Indian country in general, and it is about the United
States of America and our Government, and the credibility of
such.
I believe you have an excellent candidate to consider. Carl
has earned a juris doctorate, a masters of law, and a masters
in business administration. I know that in his pursuit of those
achievements, he has made a lot of sacrifices to accomplish
those. As I mentioned previously, I think even more importantly
are the positions of responsibility that he has sought out to
apply those talents and skills. I think his experience is going
to be tested on a regular basis in his new responsibilities
that I believe he will assume. I think that we will all be
satisfied by his choice and his selection to fulfill that duty.
As the committee may recall in its records, different times
in the past, in 1976 and again in 1989, the committee had heard
testimony from Oneida on different matters. Reference was made
to how the Oneida had assisted from the very early stages of
the United States the framework for establishing, for example,
some of the terms and principles of our constitution. Some of
the values and some of the core instruments outlined in the
Iroquois Confederacy are examples of how our governments, how
the Iroquois Government and how the U.S. Government have worked
in very similar ways.
So I am proud to say that we can recall part of that
history, and I am proud to say that we have an Oneida member
here today to be considered for this position. And we believe
that Carl Joseph Artman will do so in fulfilling those
responsibilities with honor and distinction. Thank you.
[Prepared statement of Mr. Danforth appears in appendix.]
The Chairman. Mr. Chairman, thank you very much. We
appreciate your coming to Washington to provide testimony about
a member of your tribe who has been nominated by the President.
Next we will hear from Jacqueline Johnson, the executive
director of the National Congress of American Indians. I
understand that you are here today on behalf of President
Garcia.
STATEMENT OF JACQUELINE JOHNSON, EXECUTIVE DIRECTOR, NATIONAL
CONGRESS OF AMERICAN INDIANS
Ms. Johnson. Yes; President Garcia would have loved to have
been here, but they are having ceremonies and he is unable to
leave the Pueblo until Sunday. But as always, he extends his
regards to this committee and to your leadership.
NCAI is really pleased and proud to be able to be here. It
is our first time to testify in the 110th Congress. But once
again, to be able to be here to tell you how much we appreciate
the bipartisan efforts that are done by this particular
committee, being a non-profit and a non-partisan organization,
it is extremely important for us to getting our work done that
we do our work and move forward in our efforts in such a
manner. I appreciate both your leadership, Senator Dorgan and
Senator Thomas.
In Tulsa last year, a couple of years ago, actually,
because we have been waiting for this nomination to happen, as
you noted, Senator Dorgan, since February, 2 years ago, NCAI
passed a resolution saying we wanted to an expeditious
appointment of the Assistant Secretary of Indian Affairs,
because it is a critical role. It is a critical position for
Indian country. It is the position of a symbol, it is the
position of where we hold some of our most revered Native
Americans who have held this position in the past.
Clearly, it is the symbol that tribes look to that see,
even though the Secretary of the Department of the Interior has
the ultimate trust responsibility delegated by Congress to be
our trustee, but we know that this position is the one that is
the advocate within the Administration. We see this person as
being the one who has to champion our causes with the White
House, who has to represent us when we are dealing with OMB and
budget cuts, who has to make hard decisions about how those
budgets reflect the needs of Indian country, who has to address
the issues that we have with our education, our health care,
dealing with law enforcement, has to help just organize the
10,000 staff members of the Bureau of Indian Affairs [BIA], who
many times provides direct services to tribes or also works
very hard and diligently to provide the support to tribes for
self-governance tribes, helping to move forward the energy and
the effort of Indian country.
Although we appreciate Jim Cason's efforts in fulfilling
that position in the last two years, he does not have the
blessing of Congress. He does not hold that position as having
his name nominated by the White House. He is not this
particular President's nominee at the time.
And it is very important for us that this particular
position gets moving forward and we appreciate your efforts to
do so. We find that it is a shame that it has been 2 years,
that the one position that we all revere from Indian country
has not moved forward.
Particularly, Carl Artman has met the task of having, you
heard Gerald Danforth's testimony, and he has gone on and on
about the qualifications and the skills that Carl holds to be
able to hold this position. NCAI looks forward to working with
someone with such special skills, abilities and knowledge, to
be able to work with and to be able to make those kinds of
decisions.
We know that as a primary advocate within the organization,
that he will have the responsibility of having to make critical
decisions that are sometimes very controversial. Those
decisions many times have been held at bay and decisions have
not been made. We know that when someone is sitting in an
acting position, we are all waiting for the time when the real
person will come in and set the direction as far as
reorganization.
So we look forward to your moving forward the nomination,
to be able to move those issues forward, so that some of those
decisions that have been held far too long can move forward.
But the most important thing that I think that this
position carries is the symbolism and the responsibility of
government to government relationships, the responsibility of
consultation, the one that I know that you hold and revere, the
reason why you went out and have said that you wanted to go
forward and have these consultations around Indian country, to
be able to hear from tribal leadership.
This is a position that holds that responsibility. One of
the main features of his position is to consult with tribes and
with Indian country, to be able to bring in the input, the
recommendations to help us move forward, the vision. So I would
like to support Chairman Danforth's recommendation. I would
like to support the President's nomination, I would like to
support you in your efforts to move forward this name, Carl
Artman, for the Senate to confirm, and with all of Indian
country, we stand forward in wanting to have an Indian at the
helm of the BIA. We want to make sure that is a practice that
we maintain for the future. It is very important for us to know
that one of our own can lead our direction.
Thank you very much.
[Prepared statement of Ms. Johnson appears in appendix.]
The Chairman. Ms. Johnson, thank you very much. Thanks to
both of you.
Let me say that we look forward to working with the
president of the National Congress and Tribal Chair Danforth.
Thank you for being here.
Let me just ask one question. We have been joined by other
colleagues, then we will hear from Mr. Artman.
As I indicated last year, the Congress, this committee, I
should say, passed out the nomination unanimously, I believe,
to the floor of the Senate. There was an anonymous hold placed
on the nomination. Do either of you have any knowledge of why
an anonymous hold would be placed on this nomination? Is there
anything about the nomination that you think would justify
somebody trying to hold it up?
Mr. Danforth. None whatsoever that I am aware of.
Ms. Johnson. I do know that there was the hold placed on
the nomination. I personally talked to some of the folks who
may have been responsible for the hold with the Republican
Steering Committee. And there was concern about the nomination,
the Oneida Nation's, his position he held with gaming. It was a
time when the Republican Steering Committee was placing a hold
on all Indian bills for further review, particularly those that
were moving forward under UC, felt that they didn't get the
proper review.
We at NCAI wanted to express, went to that meeting, I
personally went to that meeting to express my concern that even
though the President could have a recess appointment, that that
wasn't the message that we wanted to have. We felt very clearly
that this position is significant enough to Indian country. It
is critical enough to our relationships with the Federal
Government that it needed to have the confirmation and support
of the members of Congress. That was our message that we gave
forward.
The Chairman. Well, obviously I am asking more about the
intrigue of the U.S. Senate. So it is a question that we will
perhaps better ask inside this institution, but I wanted just
to get your sense from outside about what you have heard on
this.
We have been joined by a former chairman of this committee
for many years, Senator Inouye. We have a former chairman,
Senator McCain, still on the committee, and a vice chairman,
Senator Thomas. My hope would be that we can move the
nomination today and I will hope to put together something from
Senator Thomas, myself, Senator McCain, Senator Inouye, the
current leadership of the committee and the former chairman of
the committee to see if we can't move this very quickly.
After 2 years, at long, long last, this position should be
filled. It should have been filled a long time ago. But we are
going to work very hard to get that done.
Senator Thomas.
Senator Thomas. I don't have any questions. Thank you both
for being here, and I am enthusiastic about moving forward as
anyone can be. So we will try and do it. Thank you.
The Chairman. Senator Tester.
Senator Tester. No questions.
The Chairman. Senator Inouye.
Senator Inouye. I am ready to vote.
The Chairman. Senator Inouye is ready to vote. [Laughter.]
First we have to hear from Mr. Artman. But we will then
vote. Let me say, Senator Inouye, as you recall, last fall,
last September, we had heard from Mr. Artman and he comes again
today. Let me thank the two witnesses for being with us, again.
Chairman Danforth, thank you for traveling to Washington to
represent your tribe. We appreciate the testimony of both of
you.
Now I would like to call forward Mr. Artman. Carl J. Artman
is the President's nominee to be the Assistant Secretary of
Indian Affairs in the Department of the Interior.
Mr. Artman, as I indicated, has previously appeared before
this committee. At that point I believe your family was with
you, Mr. Artman. I don't believe they are with you today, but
you may correct me. Mr. Artman offered a statement to this
committee, this committee evaluated his qualifications and
credentials at that point and I believe unanimously approved
this nomination. Then it was subject to a hold and never came
to a vote in the United States Senate. To the extent that we
can, we intend to correct that.
But as a formal matter, we wish to hear from you again and
be able to ask you a few questions, Mr. Artman. Why don't you
proceed? Welcome to the committee. If you do have family
present, please feel free to introduce them.
STATEMENT OF CARL J. ARTMAN, NOMINEE TO BE ASSISTANT SECRETARY,
INDIAN AFFAIRS, DEPARTMENT OF THE
INTERIOR
Mr. Artman. Thank you, Mr. Chairman and Mr. Vice Chairman,
for holding this hearing today, and thank you, Senator Inouye
and Senator Tester, for being here as well.
Mr. Chairman, I do not have family here today, though my
son did want to come. But I am finding as he is in
kindergarten, he is starting to find any excuse he can to get
out of school. But we left him there today. [Laughter.]
Mr. Chairman, Mr. Vice Chairman, and Senators, my name is
Carl Artman. It is a privilege and an honor to appear before
you this morning seeking your confirmation of my nomination by
President Bush to be the Assistant Secretary for Indian
Affairs.
I am a member of the Oneida Tribe of Indians of Wisconsin,
one of the six Nations of the Haudenosaunee, or the Iroquois
Confederacy. I have served my tribe in various positions,
ranging from the tribal representative in Washington, DC to
chief operating officer of a telecommunications partnership to
chief counsel of the tribe's legal office. I am currently the
Associate Solicitor for Indian Affairs in the Office of the
Solicitor at the Department of the Interior.
I am honored to have been nominated by President Bush, and
look forward to the opportunities that lie ahead. Secretary
Kempthorne and I have had numerous conversations about Native
American matters. I share Secretary Kempthorne's views on
education, economic development, substance abuse and other
matters relevant and important to tribal governments.
I look forward to sharing the Secretary's vision for the
relationship between the Department of the Interior and Indian
country and encouraging a conversation about that relationship.
The Secretary has expressed his confidence in me to bring what
he has described as an ambassadorial nature to the position of
Assistant Secretary.
Indian country provides an overwhelming number of
challenges, ranging from substance abuse, high unemployment
rates, crumbling infrastructure. Then there are the issues that
are unique to Indian country, such as the retention of
sovereignty, maintaining and expanding self-governance and
self-determination.
If you were to ask me why I want this job, my answer would
be that I am drawn to respond to those seemingly insurmountable
obstacles for Indians and Alaska Natives. However, I see the
determination and the potential of Indians and Alaska Natives.
Reservation populations are growing. Leaders are digging in to
stem the spread of substance abuse and the lawlessness that
follows in its wake. Teachers at tribal schools provide more
with less and inch by inch, tribes are reclaiming their land
and the inherent rights of that ownership.
As Indians and Alaska Native reclaim rights lost through
history, societal plagues, the Department of the Interior must
be their partner in these battles. I will contribute to a more
accessible and expeditious Bureau of Indian Affairs [BIA] and
Bureau of Indian Education to assist tribal communities to
develop their natural, political and socio-economic
infrastructures.
A primary goal of mine will be the measurable engagement in
the battle to eradicate methamphetamine abuse from reservations
and tribal communities. I will focus on three areas, meant to
work in concert to be the beginning of the end of that cancer.
First, I want to bolster the power of the BIA's Office of
Justice Services to offer assistance in the form of money,
manpower, technology, and education to the tribes that need the
most assistance.
Second, I want to ensure that the good work that has
already begun at the Bureau of Indian Education continues. A
reorganized regional structure and a focus on the foundational
needs of the students will result in an excellent education for
the students that are enrolled in the second largest school
system in the Nation.
And third, I will focus on economic development in Indian
country. The Department's Office of Economic and Energy
Development will become both a resource and a thought leader in
economic development in Indian country.
I will continue the discussion about methamphetamine abuse
that was started by the Secretary with the leaders of all
facets of the broader tribal community. I will listen for where
the Department and the Federal Government may help tribes and
their members gain traction in this fight.
The Department of the Interior can and will be a positive
force in Indian country. And if confirmed, I will lay the
foundation for an era that will provide new commitments through
action to programmatic goals and mandated duties. If confirmed,
I will foster an interaction borne of partnership and mutual
goals, not just fiduciary requirements.
And if confirmed, I will use the Office of Assistant
Secretary for Indian Affairs to promote communications between
tribes that have realized financial success and those that
strive for a fraction of that success to move beyond mere
subsistence benefits for their membership. The success of one
tribe, either in business, government administration or
cultural preservation, is the best incubator for the success of
other tribes.
I will use the office to promote more vibrant and goal-
oriented communications between tribes and their neighbors. I
hope to foster the growth of tribal governments. Tribal
sovereignty is inherent, and this sovereignty is best exhibited
in a vibrant tribal government that understands the judicious
exercise of its jurisdiction for the benefits of its members
and the seventh generation.
Tribal governments embody the power of sovereignty. It
cares for the present and plans for the future, and is what the
outside examines to judge the health of that tribe. To lead
their people and improve the communities, tribal governments
must be able to fight the obstacles that foster hopelessness.
If confirmed, I will bring forth the potential of the breadth
and depth of the Department of the Interior and specifically
the Office of the Assistant Secretary for Indian Affairs, so
that Indians and Alaska Natives can use these resources, their
resources, to conquer the problems bearing down on their
governments and their people, to gain that foothold that will
propel them upward and to preserve a culture and build a legacy
and to provide a future for their seventh generation that is as
great as their past.
Thank you for your time, Mr. Chairman, Mr. Vice Chairman,
and Senators.
[Prepared statement of Mr. Artman appears in appendix.]
The Chairman. Mr. Artman, thank you for your statement
today, and the discussion that we have had previously.
Let me just ask a couple of questions then call on my
colleagues. We have had a number of assistant secretaries of
Indian affairs. Some have been fairly aggressive and have made
some modest difference in certain areas. Some have left the
office without having made any apparent changes, or having made
any difference in what has happened on Indian reservations.
I did hold a listening session in Minneapolis on Saturday.
There was a large number of people there. One tribal chair
stood up and told about his two daughters, reminded me again of
the third world conditions that exist in some areas, the
gripping, wrenching poverty, and the challenges that we face.
He said he has two daughters, one has eight children, one has
three children. Both live in used trailers that have been
brought to his reservation from the State of Michigan. I
believe he said both of them heat their trailers with wood
stoves, neither trailer has running water and they have outdoor
toilets.
If you describe that, people would say, well, that is
obviously in some other part of the world. But it is here. And
you see it in too many places.
So when you start with the issue of education, health care,
housing, and then all the other issues, you mentioned
methamphetamine, you could have mentioned alcohol abuse and
gangs, and so many challenges that these tribal chairs and
tribal councils face in many ways with limited resources. I
just think that this position needs to be filled by someone who
is very aggressive and interested in working on unique and
aggressive approaches to these things.
I am going to put together in the middle of this year, some
time in the summer, a summit on economic development here in
Washington, DC, to see if we can think of new ways, outside the
box, to begin dealing with these issues. There is no social
program quite as important as a good job that pays well for
people who are able to work. And yet the rampant unemployment
in circumstances where there are no jobs is something we have
to confront as well, because that relates to almost all the
other things I have said.
The diabetes scourge on the Indian reservations, we have to
deal with that. Indian Health Service is engaged in health care
rationing for American Indians. We have so many issues. I spoke
on the floor the other day and told of a woman having a heart
attack who was wheeled into a hospital on a gurney with a piece
of paper taped to her leg that said to the hospital, there is
no money for contract health services. So understand if you
admit this woman, you are on your own, hospital.
It is unbelievable. So that is why I felt so strongly about
the 2 years that this position has been vacant. I feel so
strongly about getting your nomination done. But that is just
the first baby step. The second step is for you to use this
position to really make a
difference.
So I guess what I will do is submit a few questions to you,
but I have done that previously. I would just say this. I am
comfortable with your nomination. You are well qualified to
assume this position. I hope you will assume this position, if
we can move this through the Senate, with great energy and
dedication and conviction to meet some goals that we can
establish together that will really make a difference for the
First Americans.
Senator Thomas.
Senator Thomas. Thank you, Mr. Chairman.
Mr. Artman, we are glad you are here. I look forward to
supporting the chairman's continued effort on the Senate to get
this job done.
Let me ask you a couple of questions. You submitted
materials to the committee that recused yourself from issues on
your tribe in Wisconsin. As an associate solicitor, can you
tell me what issues you recused yourself from?
Mr. Artman. At the moment, the only issue within the
solicitor's office that has required my recusal so far has been
any issue that has dealt with the Iroquois Confederacy's land
claim in the State of New York. The Oneida Tribe of Indians of
Wisconsin is part of that land claim and that dates back to
about 1804. It has been ongoing since. I have not participated
in any of those discussions or decisions.
Senator Thomas. So you have recused yourself from gaming
applications in Wisconsin or New York that would present a
conflict?
Mr. Artman. Where it involves Oneida. And in New York, it
clearly involves Oneida.
Senator Thomas. Good. I have been particularly and continue
to be particularly interested in the economic development. I
think that if the tribes are going to have sovereign nations,
they have to have a sovereign economy as well, or close to it.
Do you have any policy recommendations or thoughts that
would help create non-gaming jobs on the reservations?
Mr. Artman. I intend to work very closely with the
Department of the Interior's Office of Indian Economic and
Energy Development. In its name, it certainly provides hint as
to one of the outlets for economic development, and that is in
energy development, where it is possible, on the reservations.
But not all reservations have that opportunity.
In speaking with the director of that office, Bob
Middleton, he and I have discussed several initiatives that we
can engage in right away to begin the process of thinking about
economic development and then hopefully eventually putting it
in place. That includes bringing the tribes together, as I
mentioned in my opening statement, bringing the tribe that have
realized financial success in whatever venture they may have
entered into. For example, the Southern Utes, with their energy
economic development, they have realized tremendous success.
And have them be a guide for other tribes that are out there.
Bring the academic world into this. I know he has already
started speaking with deans from business schools. I would like
to see students on reservations looking at the situations and
giving their ideas, some fresh ideas. And bringing together
leaders from Indian tribal governments, finance, business,
business education to begin to look at where other
opportunities exist.
Then if you look at any calendar year, there are many, many
economic development conferences. This year the White House is
hosting one for Indian economic development. And as Chairman
Dorgan mentioned, Congress, this committee, will be hosting a
summit on economic development as well.
But there are also many private ones out there, or ones
that are held by tribes. What I would like to do is see if we
can't coordinate that calendar, on whatever basis, annual
basis, 18 month basis, so that there is actually a learning
curve in that, so tribal leaders are going to those, and as
they go to one and they go to the next one, actually they are
moving up in the learning process. And by the end of the
process, hopefully ideas and money are coming together to have
real economic development within Indian country.
Senator Thomas. Good. Well, energy development, of course,
is very important in our area of the country and the
opportunities are there. I think we just need to make sure the
tribal members understand that they can benefit from this type
of economic development.
As you know, many Senators are concerned about off-
reservation gaming. How strict should the Department be in
evaluating off-reservation gaming into trust for gaming
purposes?
Mr. Artman. Right now, the Secretary of the Interior is
very concerned about off-reservation gaming. I think he has
made that clear.
Right now, a letter is being developed that will be sent to
the tribes that have applications into the Department of the
Interior for off-reservation gaming, telling them of the
Secretary's concerns and noting for them that the Secretary and
other people within the Department, myself if confirmed, and
myself as associate solicitor currently, will be looking at
these issues and trying to figure out a way to better manage
it, to lay out guidelines, to lay out parameters, both for the
applicants and the reviewers, and also, importantly, for the
communities surrounding them, so that everybody can have input
into the process.
I imagine, at the end of the review process that the letter
will refer to, that you are going to see significant changes in
the section 20 regulations and the 151 regulations, section 20
dealing with the off-reservation gaming, Section 151 dealing
with the land into trust. Hopefully these changes will be able
to give everybody a clear idea of what will be acceptable for
off-reservation gaming. The Secretary's primary concern is with
the two-part determination, the section in the Indian Gaming
Regulatory Act that deals with the potentially far-flung lands.
And many of the applications that are currently before the
Department of the Interior are just that, the far-flung lands.
So he wants to be very careful to ensure that what is being
considered there does not somehow impact the very basis for
Indian gaming to begin with.
Senator Thomas. Thank you very much.
Mr. Artman. I should note also, Vice Chairman Thomas, that
I completely support that, and I will be active in the
development of those regulations and parameters.
Senator Thomas. We appreciate your efforts. I certainly am
very enthusiastic about the potential for economic development,
particularly in the west where the energy potential is there,
and we simply need to encourage the tribal members to
understand that they will benefit from that sort of economic
development.
Thank you, Mr. Chairman.
The Chairman. Thank you.
Senator Tester.
Senator Tester. First of all, thanks, Carl, for stopping in
the other day so we could have a visit in the office. I am just
going to do one question here, and that is, it dove-tails off
what the chairman talked about in his remarks, and that is the
aggressiveness of this position and how you have to be
aggressive to really get things done. Jacqueline Johnson talked
about outreach to tribes. My question is, how will you reach
out to tribes so that you can represent their needs in sum, in
whole?
Mr. Artman. Thank you, Senator. And thank you for hosting
me the other day. It was a pleasure meeting you and speaking
with you.
In reaching out to the tribe, certainly we can rely on the
consultation process, which is already in place. The
consultation process, since the beginning, it is evolving as to
what exactly that means. If confirmed, during my tenure as
assistant secretary for Indian Affairs, I would like to reach
out to tribes and have not just a consultation, but to have a
conversation, an ongoing conversation about what issues are out
there affecting them.
As I have mentioned already to President Garcia and other
tribal leaders, I would like to sit down with them on a
relatively regular basis, not to talk about anything specific,
but let's hear what they feel is going on in Indian country,
what are their concerns and how does that mesh with the
Department of the Interior, and likewise, they need to hear
open conversation from the Department of the Interior on where
we are going and what we are going to be doing and how we are
going to be helping them. Or what we may be doing that may
impact them in other ways, be it these off-reservation gaming
parameters or perhaps in the area of economic development, oil,
Indian valuations.
This way people are not surprised. This way people can
contribute to the process early on.
Senator Tester. When you think of outreach, do you
anticipate the tribes coming to you, or are you going to go to
them?
Mr. Artman. Both, Senator Tester. Certainly as Assistant
Secretary of Indian Affairs, if confirmed, I need to get out to
Indian country and visit them. I need to visit the tribes and
see what challenges they are facing or see what they have done
on their reservations that is worth repeating elsewhere.
Senator Tester. Thank you.
The Chairman. Senator Cantwell.
STATEMENT OF HON. MARIA CANTWELL, U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman. I am not going
to ask any questions this morning, in order to save myself and
the committee time. I am going to submit some individual
questions. With 27 tribes in the northwest, we have some pretty
unique issues and interests, everything from the Makah Tribe
out on our peninsula, to a variety of other issues. So I think
what I will do is just submit those questions to you.
Mr. Artman. Thank you, Senator.
The Chairman. Senator Cantwell, thank you very much.
Let me just make one final comment. Senator McCain and I
last year were made aware that 18 years after the law was
enacted putting into place the off-reservation gaming issue,
and the process by which applications are made and so on, 18
years later, there are no regulations in place. We asked Mr.
Skibine from the Department to tell us why this is the case, he
said they are being developed.
Would you check on that and find out for us, is there at
long, long last a plan to get some regulations in place to deal
with this issue of off-reservation gaming applications?
Mr. Artman. If I may, Mr. Chairman, today actually is the
close of the comment period for the section 20 regulations. The
comments will be reviewed, we have received many comments. In
speaking with Mr. Skibine yesterday, he hopes that these
regulations will be published this spring.
The Chairman. Mr. Artman, thank you very much. I want to
thank the witnesses today.
Mr. Artman, I appreciate your being here and your being
willing to serve our country.
I now move the committee to a business meeting to consider
Mr. Artman's nomination.
[Whereupon, at 10:05, the committee proceeded to other
business.]
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A P P E N D I X
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Additional Material Submitted for the Record
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Prepared Statement of Carl J. Artman, Nominee for the Position of
Assistant Secretary for Indian Affairs, Department of the Interior
Mr. Chairman, Mr. Vice Chairman, Senators, my name is Carl Artman.
It is a privilege and an honor to appear before you this morning
seeking your confirmation of my nomination by President Bush to be the
Assistant Secretary for Indian Affairs.
I am a member of the Oneida Tribe of Indians of Wisconsin, one of
six Indian nations of the Haudenosaunee, or Iroquois Confederacy. I
have served my tribe in positions ranging from the tribal
representative in Washington, DC to Chief Operating Officer in a
telecommunications partnership, to, most recently, Chief Counsel of the
tribe. I currently serve as the Associate Solicitor for Indian Affairs
in the Office of the Solicitor within the Department of the Interior.
I am honored to have been nominated by President Bush and look
forward to the opportunities that lie ahead.
Secretary Kempthorne and I have had numerous conversations about
Native American matters. I share Secretary Kempthorne's views on
education, economic development, substance abuse, and other matters
important to tribal governments. I look forward to sharing the
Secretary's vision for the relationship between the Department of the
Interior and Indian country, and in encouraging a conversation about
that relationship. The Secretary has expressed his confidence in me to
bring what he has described as an ambassadorial nature to the position
of assistant secretary.
Indian country provides an overwhelming number of challenges:
Substance abuse, high unemployment rates on many reservations, lack of
adequate health care, dilapidated education facilities, crumbling
infrastructures from roads to irrigation ditches, and crime outpacing
law enforcement personnel and funds. And then there are the issues
unique to Indian country such as the retention of sovereignty and
maintaining and expanding self-governance and self-determination.
If you were to ask me why I want this job, my answer would be that
I am drawn to respond to those seemingly insurmountable obstacles for
Indians and Alaskan Natives. I see the determination and the potential
of Indians and Alaskan Natives. Reservation populations are growing.
Leaders are digging in to stem the spread of substance abuse and the
lawlessness that follows in its wake. Teachers at tribal schools
provide more with less. Inch by inch tribes are reclaiming their land
and the inherent rights of such ownership.
As Indians and Alaskan Natives reclaim rights lost through history
or societal plagues, the Department of the Interior must be their
partner in these battles. I will contribute to a more accessible and
expeditious Bureau of Indian Affairs and Bureau of Indian Education to
assist tribal and Alaskan Native communities to develop their natural,
political, and socio-economic infrastructure.
A primary goal of mine will be measurable engagement in the battle
to eradicate methamphetamine abuse from reservations and tribal
communities. I will focus on three areas meant to work in concert to be
the beginning of the end of this cancer. First, I want to bolster the
power of the BIA's Office of Justice Services to offer assistance in
the form of money, manpower, technology, and education to the tribes
that need the most assistance. Second, I want to ensure the good work
that has already begun in the Bureau of Indian Education continues. A
reorganized regional structure and a focus on foundational needs will
result in an excellent education for the students enrolled in the
second largest school system in the Nation. And third, I will focus on
economic development in Indian country. The Department's Office of
Indian Economic and Energy Development will become both a resource and
a thought leader in economic development in Indian country. We will
bring together influential leaders from Indian governments, finance,
business, and business education to focus on the development of
sustainable tribal economies.
I will continue the discussion, started by the Secretary, with
leaders of all facets of the broader tribal community; and I will
listen for where the Department and Federal Government may help tribes
and their members gain traction.
The Department of the Interior can and will be a positive force in
Indian country. If confirmed, I will lay the foundation for an era that
will provide new commitments, through action, to programmatic goals and
mandated duties.
If confirmed, I will foster an interaction born of a partnership
and mutual goals, not just fiduciary requirements.
If confirmed, I will use the Office of the Assistant Secretary for
Indian Affairs to promote communications between tribes that have
realized financial success and those that strive for a fraction of that
success to move beyond provision of subsistence benefits for their
membership. The success of one tribe, either in business, government
administration, or cultural preservation, is the best incubator for
success of other tribes.
I will use the office to promote more vibrant and goal-oriented
communications between tribes and their neighbors.
I hope to foster the growth of tribal governments. Tribal
sovereignty is inherent, and this sovereignty is best exhibited in a
vibrant tribal government that understands judicious exercise of its
jurisdiction for the benefits of its members and the seventh
generation. Tribal governments embody the power of sovereignty. It
cares for the present and plans for the future. It is what the outside
examines to judge the health of the tribe.
To lead their people and improve their communities, tribal
governments must be able to fight the obstacles that foster
hopelessness. If confirmed, I will bring forth the potential of the
breadth and depth of the Department of the Interior, and specifically
the Office of the Assistant Secretary for Indian Affairs, so that
Indians and Alaskan Natives can use these resources--their resources--
to conquer the problems bearing down on their governments and people,
to gain that foothold that will propel them upward, to preserve a
culture and build a legacy, and to provide a future for their seventh
generation that is as great as their past.
Mr. Chairman, Mr. Vice Chairman, and Senators, thank you.
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Prepared Statement of Gerald L. Danforth, Chairman, Oneida Tribe of
Indians of Wisconsin
Good morning Chairman Dorgan, Vice Chairman Thomas and honorable
committee members.
My name is Gerald Danforth and I am chairman of the Oneida Tribe of
Indians of Wisconsin. I am extremely honored to be here with you today.
As you will recall, when Carl Artman first came before this committee
in the last Congress, other pressing issues precluded my attendance.
Today I am privileged to bring you greetings from our nearly 16,000
members who share their pride today as I come forward to express our
support and confidence in one of our enrolled members, Carl Artman.
Mr. Artman is a bright and extremely hard-working individual who
has a broad and distinguished academic background. For such a young
man, he has a wide arrange of skills and broad diversity of experience
upon which to draw from in the exercise of his duties as Assistant
Secretary of the Interior. It brings me great pride to know that voices
of support for Mr. Artman have come from all comers of Indian country.
I am encouraged, as are many other tribal leaders throughout Indian
country as demonstrated at the listening session in Minneapolis this
past Saturday, that this committee has moved so expeditiously to fill
this critical position--one that has remained vacant for 2 years. I
believe that you will be considering an exceptional candidate.
Carl Artman has earned a Juris Doctorate, an L.L.M. [Master of
Laws] and a Master of Business Administration Degree. He is familiar
with the legal and economic forces that demand consideration by this
office. His experience serving Congressman Oxley and representing our
nation in Washington provides him with unique preparation and
familiarity with Capital Hill and Indian country. He comes before you
with the array of attributes necessary to engage this administration,
understand the relationship with Congress, and appreciate the unique
and common issues affecting the Indian nations. I believe Mr. Artman's
experience thoroughly qualifies him for this position.
Mr. Chairman, in 1976 and again in 1989 this very committee heard
testimony regarding the role of our nation in the founding of the
United States, the incorporation of many of our governmental concepts
into the American constitution, and our commitment to the Colonies in
the Revolutionary War . . . commitments that helped found and secure
America. Our people's long and proud tradition in support of this
country . . . tradition of government of and by the people . . .
tradition of leaders as true public servants guides us and certainly
guides Carl. It is therefore fitting and proper that an Oneida now
comes forward to hold this high post. We believe that Carl Artman will
do so with honor and distinction.
______
Prepared Statement of Jacqueline Johnson, Executive Director, National
Congress of American Indians
Chairman Dorgan, Vice Chairman Thomas and distinguished members of
the Senate Committee on Indian Affairs, on behalf of the National
Congress of American Indians I want to thank you for the opportunity to
provide our views on the nomination of Carl Artman to be the next
Assistant Secretary for Indian Affairs. This is the first time that we
have testified before the committee in the 110th Congress, and I want
to reinforce with you how much we appreciate the bipartisan manner in
which this committee conducts its business. NCAI has always operated as
a non-partisan organization, and we strongly support this committee's
tradition of bipartisan cooperation in developing Federal policy for
American Indian and Alaska Native communities.
On behalf of the National Congress of American Indians, we urge the
Senate to move forward on confirmation of Carl Artman to be the
Assistant Secretary of Indian Affairs. Mr. Artman has the necessary
experience for this important job, having served as the Associate
Solicitor for Indian Affairs for the Department of the Interior for the
past 1 year, and having worked as an attorney in the field of Indian
affairs for many years. We attach a copy of NCAI Resolution TUL-05-17
urging confirmation of a nominee with this level of experience and
expertise.
We also urge a swift confirmation of the President's appointment
because this is an extremely important position for Indian tribes and
Indian people, and the position has been vacant for 2 years. The
Assistant Secretary leads the Bureau of Indian Affairs [BIA], an agency
with 10,000 employees and an annual budget of $2.2 billion. The BIA
provides critical services and infrastructure in law enforcement,
education, social services, transportation and land, and natural
resources management; and the Assistant Secretary is the primary
advocate for these programs and services within the Administration.
James Cason, the Associate Deputy Secretary has been fulfilling these
responsibilities on a temporary basis since February 2005. We greatly
appreciate the work that Mr. Cason has done, but the BIA requires an
appointee who has the approval of the Senate to provide the leadership
and direction that it needs.
The BIA is also at a critical time on policy direction and
reorganization, and needs the Assistant Secretary to lead these efforts
in consultation with tribal leadership. For example, law enforcement
and tribal courts are a top priority of tribal leadership, particularly
with the growing methamphetamine epidemic that is affecting so many
reservations. We expect that these areas will see increases in the
President's budget for fiscal year 2008, and we will need strong
leadership at the BIA to make sure that these increases are implemented
effectively. As you know, trust reform and land management have been
critical issues for many years, a settlement is under discussion,
reorganization is underway and there is a major effort to revise the
trust regulations. We need a leader at the BIA to facilitate those
efforts. I could go on and on with the list of important
responsibilities--like education and No Child Left Behind--but I don't
want to alarm Mr. Artman with too long of a list. He will have to
tackle them one at a time.
The Assistant Secretary also has an important decisionmaking role
that affects individual tribes--and many of these decisions have been
on hold for too long. Construction of schools and roads, allocation of
police, water rights settlements, approval of leases, et cetera.
Sometimes these decisions can be controversial, such as some land-to-
trust applications. The Assistant Secretary has to balance competing
interests and make decisions. Of course we always want the decisions to
favor Indian tribes, but whether the decision is yes or no, it is
important to have decisions made so the tribes can move forward with
their planning and efforts.
If I have one piece of advice for Mr. Artman, it is to focus on
government-to-government consultation. The key is to communicate with
tribes early before decisions are made, have an open mind and talk
about problems and solutions. You will be amazed at how much tribal
leaders want to be a part of the solution as long as their concerns are
respected and included in making the decision. One of the strongest
powers of the Assistant Secretary is to bring parties together and urge
them to negotiate solutions. Tribal leaders will listen to you and
respect you because you are the Assistant Secretary for Indian Affairs.
That brings me to my final point. It is important to fill the
position of Assistant Secretary for Indian Affairs because the position
plays such an important role in the relationship between the Federal
Government and Indian tribes. Prior to 1977, the Commissioner of Indian
Affairs was most often a non-Indian administrator and a symbol of
paternalism. The position of Assistant Secretary was created as part of
the implementation of the Federal policy of tribal self-determination,
and ever since that time the position has been held by a talented
Indian person who was accorded significant respect by tribal leaders.
The Assistant Secretary elevated the status of the job and put an
Indian into the position. The importance of this is not lost on tribal
leaders. Forrest Gerard, Ada Deer, Kevin Gover, Neal McCaleb--these are
accomplished Indian people that we have looked up to as symbols of our
ability to take control of our own futures.
Carl Artman now has the opportunity to join this distinguished
company and help lead the Federal-tribal relationship into the future.
Tribal leaders are working to fulfill a vision of transitioning the BIA
to a system where there is active participation and management by
tribal governments, while the BIA fulfills its trust responsibility to
protect Indian lands, oversee regulations and enforcement, and provide
technical assistance and funding for critical services. We have a
vision of a partnership where tribes and the BIA manage reservation
lands for their intended purpose--providing a homeland and economy for
Indian people. NCAI urges the Senate to consider Mr. Artman's
nomination as soon as possible so that he can move forward with this
important work.
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