[Senate Hearing 117-53]
[From the U.S. Government Publishing Office]
S. Hrg. 117-53
NOMINATION OF BRYAN TODD NEWLAND TO
SERVE AS ASSISTANT SECRETARY FOR INDIAN
AFFAIRS, U.S. DEPARTMENT OF THE INTERIOR
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
FIRST SESSION
__________
JUNE 9, 2021
__________
Printed for the use of the Committee on Indian Affairs
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
__________
U.S. GOVERNMENT PUBLISHING OFFICE
45-309 PDF WASHINGTON : 2021
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COMMITTEE ON INDIAN AFFAIRS
BRIAN SCHATZ, Hawaii, Chairman
LISA MURKOWSKI, Alaska, Vice Chairman
MARIA CANTWELL, Washington JOHN HOEVEN, North Dakota
JON TESTER, Montana JAMES LANKFORD, Oklahoma
CATHERINE CORTEZ MASTO, Nevada STEVE DAINES, Montana
TINA SMITH, Minnesota MIKE ROUNDS, South Dakota
BEN RAY LUJAN, New Mexico JERRY MORAN, Kansas
Jennifer Romero, Majority Staff Director and Chief Counsel
T. Michael Andrews, Minority Staff Director and Chief Counsel
C O N T E N T S
----------
Page
Hearing held on June 9, 2021..................................... 1
Statement of Senator Cantwell.................................... 28
Statement of Senator Cortez Masto................................ 21
Statement of Senator Daines...................................... 29
Statement of Senator Hoeven...................................... 26
Statement of Senator Lankford.................................... 22
Statement of Senator Lujan....................................... 24
Statement of Senator Murkowski................................... 2
Statement of Senator Peters...................................... 4
Statement of Senator Schatz...................................... 1
Witnesses
Newland, Hon. Bryan Todd, Nominee for Assistant Secretary for
Indian Affairs, Department of the Interior..................... 6
Biographical information..................................... 7
Prepared statement........................................... 9
Appendix
Letters submitted for the record
Response to written questions submitted by Hon. Bryan Todd
Newland to:
Hon. Catherine Cortez Masto.................................. 34
Hon. John Hoeven............................................. 33
Hon. James Lankford.......................................... 37
Hon. Ben Ray Lujan........................................... 35
Hon. Lisa Murkowski.......................................... 39
Hon. Mike Rounds............................................. 34
Hon. Richard Blumenthal...................................... 38
NOMINATION OF BRYAN TODD NEWLAND TO SERVE AS ASSISTANT SECRETARY FOR
INDIAN AFFAIRS, U.S. DEPARTMENT OF THE INTERIOR
----------
WEDNESDAY, JUNE 9, 2021
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 2:35 p.m. in room
628, Dirksen Senate Office Building, Hon. Brian Schatz,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. BRIAN SCHATZ,
U.S. SENATOR FROM HAWAII
The Chairman. Good afternoon.
Today the Committee will consider the nomination of Bryan
Todd Newland of Michigan to be Assistant Secretary for Indian
Affairs at the Department of the Interior. President Biden
nominated Mr. Newland for this position on April 27th of this
year.
This hearing is an important first step in carrying out the
Senate's constitutional duty to provide advice and consent. It
is an opportunity to learn how, if confirmed, Mr. Newland plans
to carry out and uphold the United States' trust
responsibilities to American Indian and Alaska Native tribes
and to the Native Hawaiian community, and about his priorities
and goals for his leadership in the Indian Affairs hallway.
It is quite simply one of the most consequential
nominations for Native communities across our Nation. Because
as the department's highest ranking Senate-confirmed official
in Indian Affairs, the Assistant Secretary is charged with
maintaining the government-to-government relationships with the
sovereign tribal nations, respecting tribal sovereignty and
promoting tribal self-determination. All are key to supporting
the Secretary and meeting the Department's mission.
I believe that Mr. Newland has the qualifications, the
character and the heart to succeed in the role of Assistant
Secretary for Indian Affairs. Indeed, Mr. Newland, a tribal
citizen of the Bay Mills Indian Community and the first
graduate of the Indian Law program at Michigan State University
College of Law, is uniquely qualified. Prior to his current
role as the Department's Principal Deputy Assistant Secretary
for Indian Affairs, Mr. Newland served his tribe with
distinction for several years, serving as its duly elected
president, the chief judge of its tribal court, chairman of the
tribe's gaming authority and business holdings board of
directors, and as a member of the board of regents for the
tribally controlled Bay Mills Community College.
Mr. Newland's previous Federal experience in the Executive
Branch as a presidentially appointed counselor and policy
advisor to the Assistant Secretary for Indian Affairs under the
Obama Administration and his command of Federal Indian law and
policy strengthens his nomination.
I believe Mr. Newland has the necessary experience to hit
the ground running, implement the President's agenda, and
execute Indian Country's priorities. His sincerity and
willingness to learn are key attributes to this position.
Mr. Newland has made clear that he is committed to serving
as the chief Federal advocate for not just tribal nations, but
for Native Hawaiians as well. That is not just my assessment.
More than 30 tribes and tribal organizations, including the
United South and Eastern Tribes, the National Congress of
American Indians and the Alaska Federation of Natives submitted
letters in support of Mr. Newland's confirmation. I have made
them all part of the record.
Before I turn to the Vice Chair, I would like to thank Mr.
Newland and his family for joining us today. What a pleasure it
was to meet all of you.
I look forward to considering this important nomination and
to working with Vice Chair Murkowski and all the members of
this Committee to move Mr. Newland's nomination through our
Committee.
Vice Chair Murkowski.
STATEMENT OF HON. LISA MURKOWSKI,
U.S. SENATOR FROM ALASKA
Senator Murkowski. Thank you, Mr. Chairman.
Mr. Newland, welcome to the Committee. It is nice to be
able to welcome your family as well. We appreciate that.
And I appreciate the conversation that we had by phone, and
the opportunity to continue our discussions today. I do just
want to note for the record, it is my understanding that we are
still waiting for some outstanding documents from your
questionnaire. I understand that our staffs have been in
contact with you. So I am assuming that we will get those
quickly and note that that is an important part of what we are
doing here this morning.
As I mentioned, Mr. Newland, in our phone conversation, you
will be replacing Tara Sweeney, who was the first Alaska Native
to hold the job of Assistant Secretary for Indian Affairs. Ms.
Sweeney is not only a woman that I have known for a long period
of time. What she was able to do in that role is a considerable
one, and one that I am hoping that we will continue on with the
good work that she laid down, most notably the focus on the
crisis of missing and murdered indigenous women and children.
With her support there as Assistant Secretary, we had
operation Lady Justice and some key MMIW initiatives that
Senator Cortez Masto and I have worked on that have been
launched in these last couple of years. So we are certainly
hoping that these things that she had laid forward will be
initiatives that you will continue to build on.
There are big shoes to be filled at the Bureau of Indian
Affairs, and important ones. As the Chairman has noted, the
Office of Indian Affairs is an exceptionally important one at
the Interior Department for all of the reasons, as a central
rallying point for Indian initiatives across the Federal
Government. It is called upon to educate all stakeholders,
government officials, about the challenges and problems, the
opportunities that American Indians and Alaska Natives face in
our Country, and provide solutions in a way that affirms Native
self-determination.
As Assistant Secretary, you will touch the lives of most
tribes through trust management of lands, Indian education,
energy development, housing, public safety, economic
development, such as gaming, transportation, Federal
acknowledgement, and so much. As we have discussed, the job is
not an easy one. There are over 500 federally recognized tribes
to serve. More than 200 of those are in my State. All have
different histories, different cultures.
You clearly can't take a one size fits all and try to
superimpose that over Indian Country. There are treaties and
unique laws to navigate, not to mention the ongoing debates
about education, economic empowerment, land into trust, gaming,
tribal jurisdiction and the like. It is the position
responsible for assisting the Secretary of the Interior in
fulfilling the United States sacred trust responsibility.
When it comes to Alaska, we had talked about two of the
unique laws, the Alaska Native Claims Settlement Act, ANCSA,
and the Alaska National Interest Lands Conservation Act, or
ANILCA. Fifty years ago, ANCSA was enacted into law as a new
and a different approach by the Federal Government in settling
aboriginal land claims. It created native corporations,
referred to as ANCs, throughout the State, a very distinct
approach to land and economic development from the reservation
system of the lower 48.
But ANCs, as we shared, are not like traditional for-profit
corporations. Instead, they are mandated by Congress to care
for social, cultural, and economic well-being of their Alaska
Native shareholders in perpetuity. It is through the federally
recognized tribes, the tribal consortia, and ANCs, that Alaska
Natives deliver self-determination and self-governance programs
at scale. This includes providing services and programs to
address the pandemic that we saw throughout this past year.
But even though Congress set up different types of
structures for Native peoples across the Country, whether
tribes are located in PL-280 States, or if they have different
land claim settlements, it is important to understand and to
represent all of them. In our phone conversation, we discussed
ANCSA and these relationships. I am raising it here again
because some of what you shared with me at the time with regard
to distribution of funds from the CARES Act tribal set-aside in
the Coronavirus Relief Fund showed me that you were still
educating yourself about Alaska Native institutions. So I am
hoping to hear more today from you on that, and really just
reaffirming your support to be a strong advocate for all Native
peoples.
I think we have a lot of work that we need to do. I want to
highlight just a few of those in Alaska. I have shared with you
the concern that I have had now for decades about the good
people of King Cove, the Aleut people, who have been seeking a
lifesaving road for over three decades from the Federal
Government. Also, what more needs to be done to speed up the
cleanup of Federal contamination Native-conveyed lands? There
is more than 1,000 sites that the Federal Government is legally
responsible for.
I know that this is not just an issue for us in Alaska, but
it is faced by so many Native communities across the Country.
These are really environmental justice issues.
It is also time for the Federal Government to allow tribes
to dictate how they want to utilize energy development on their
lands. Whether it is renewables or resource extraction, it
should be the tribes that decide, not the Department.
I would be remiss if I didn't mention public safety,
particularly the need to strengthen the tribal provisions in
VAWA.
So Mr. Newland, I am looking forward to hearing more about
your vision for the Office of Indian Affairs, and with
questions from myself and members, we will learn a little bit
more and may have additional questions following that.
So again, thank you, congratulations. Mr. Chair, I turn it
back to you and look forward to Mr. Newland's comments this
afternoon.
The Chairman. Thank you, Vice Chair Murkowski.
I will now turn to Senator Gary Peters, also of Michigan,
to introduce his constituent and our nominee.
STATEMENT OF HON. GARY PETERS,
U.S. SENATOR FROM MICHIGAN
Senator Peters. Thank you, Chairman Schatz and Madam Vice
Chair Murkowski, and distinguished members of the Committee.
It is my honor to introduce Bryan Todd Newland as President
Biden's nominee to be the next Assistant Secretary of the
Interior for Indian Affairs. I am confident that if confirmed,
Mr. Newland will be well-positioned to assist and support
Secretary Haaland in fulfilling the United States' trust
responsibility and maintaining the Federal tribal government to
government relationship.
Mr. Newland's prior experience at the Department of the
Interior and his unique perspective as a former tribal leader
provides him with deep understanding of the many issues facing
tribal governments. His voice will be critical in supporting
the tribes in Michigan, as well as all across the Country.
Mr. Newland is a citizen of the Bay Mills Indian Community
in Michigan, a former president of its executive council, and
former chief judge of Bay Mills' tribal court. During his time
serving the Bay Mills Indian Community, Mr. Newland played an
instrumental role in a number of economic ventures,
infrastructure projects, and the successful administration of
dozens of tribal departments and employees and programs.
During his tenure as tribal president, his administration
also secured funding for the construction of a $15 million
health care facility that will serve the entire eastern upper
peninsula of Michigan.
Mr. Newland's tenure also occurred during one of the
hardest years for the Bay Mills Indian Community that they have
endured, both economically, financially, and emotionally, due
to the COVID-19 pandemic. His steady leadership was critical in
ensuring that the Bay Mills Indian Community could weather the
storm and emerge from the pandemic in a stable position.
Further, his nomination enjoys the support of the 35 tribal
nations from the Midwest Alliance of Sovereign Tribes, as well
as from tribal nations all across the United States. From 2009
to 2012, Mr. Newland served as the counselor and policy advisor
to the Assistant Secretary of the Interior for Indian Affairs.
In that capacity, he helped develop the Obama Administration's
policies on Indian gaming and Indian lands, reforming the
Department of the Interior's policy on reviewing tribal-State
gaming compacts.
He also led a team that improved the Bureau of Indian
Affairs' leasing regulations and worked to help enact the
HEARTH Act of 2012, which allows tribes to lease restricted
lands for residential, business, public, educational, or
recreational purposes without the approval of the Secretary of
the Interior.
Prior to his Federal service, Mr. Newland worked as an
attorney with the Fletcher Law Firm in Lansing, Michigan. He
represented tribal clients on issues including the regulation
of gaming facilities, negotiation of tribal-State gaming
compacts, the fee for trust process, and leasing of Indian
lands. He graduated magna cum laude from Michigan State
University College of Law, and received his undergraduate
degree from James Madison College of Michigan State University.
Go Green.
Mr. Newland enjoys hiking and kayaking the shores of Lake
Superior, and is a nature photography enthusiast. He is joined
here today by his wife, Erica, his daughter, Meredith, his son,
Graydon, and his parents, Vicki and Gordon Newland.
Mr. Newland has been an incredible partner to my office and
to my staff and to many all across the great State of Michigan
over many, many years. I know he will be an excellent partner
to all of us upon his confirmation.
Thank you, Mr. Chairman, Madam Vice Chair, for the
opportunity to appear today to introduce Bryan. And I thank
Bryan for his willingness to serve the public in this capacity.
Thank you, Mr. Chairman.
The Chairman. Thank you very much, Senator Peters.
I think on behalf of my father, I am obligated to say Go
Blue.
[Laughter.]
The Chairman. I will now swear in the nominee.
Mr. Newland, 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
penalty of perjury?
Mr. Newland. I do.
The Chairman. Thank you. Please be seated.
I want to remind you that your full written testimony will
be made part of the official hearing record. Please keep your
statement to no more than five minutes, so that members have
time for questions.
Mr. Newland, please begin.
STATEMENT OF HON. BRYAN TODD NEWLAND, NOMINEE FOR ASSISTANT
SECRETARY FOR INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
Mr. Newland. Aanii, miigwetch. Thank you, Chairman Schatz,
Vice Chairman Murkowski, and members of the Committee.
First, I want to thank Senator Peters for his warm and kind
introduction and his leadership for the state of Michigan and
his friendship as well.
It is an honor to be here today as President Biden's
nominee to serve as Assistant Secretary for Indian Affairs at
the U.S. Department of the Interior, an important position that
serves as a leader for the U.S. trust relationship with Tribal
Nations. It is also a privilege to serve with Secretary Haaland
at such an important time for Indian Country.
I am so happy to have my wife Erica Newland here with me.
We grew up together on the Bay Mills Indian Reservation, and
she has been my partner, strategic advisor, and most
importantly, my designated ``humbler'' every step of the way.
Together, we have two incredible children, Graydon and
Meredith, who are also here, as are my parents, Gordon and
Vicki Newland.
My parents had me at a young age, under difficult
circumstances, and worked hard to raise my brother Robert, my
sister Holly, and me. They also had long careers in public
service and instilled those values in us. I want to thank them
for that.
Growing up on our reservation, I saw how Federal laws and
policies affected the lives of everyday Indians. Commercial
tribal fishermen exercised treaty-protected fishing rights to
feed their families. I lived up the street from the Bay Mills
Community College, which was the first tribally controlled
community college established in the State of Michigan.
Our family also lived in tribal housing, which is supported
by Federal funding. My parents were fortunate to each have
jobs, which allowed them to get a land-lease so that we could
move out of tribal housing and purchase a home. We lived in a
single-wide trailer for several years while they waited for the
Bureau of Indian Affairs to approve their mortgage. When that
mortgage was finally approved, my parents became the first
people on the Bay Mills Reservation to have a mortgaged-
financed home.
Their experience with the BIA's time-consuming mortgage
approval process, and the delays they faced was an experience
that would stick with me.
I attended Michigan State University and the MSU College of
Law, where I was the first Native student to enroll in the
Indigenous Law and Policy Program. I graduated there in 2007
and started in private practice. Soon after, I had the
opportunity to serve in President Obama's Administration at the
Department of the Interior within the office of the Assistant
Secretary. There I was lucky to have mentors like Larry Echo
Hawk and Del Laverdure.
We worked to reform leasing on Indian lands by putting
timelines in place so that other families wouldn't face the
same delays and circumstances my parents did. We worked with
members of this Committee to see the bipartisan enactment of
the HEARTH Act, putting tribes back in control of leasing and
home mortgages on tribal lands.
After that, I returned home and used my experience to serve
my own tribe, to teach Indian law to aspiring Native attorneys,
and to advocate on behalf of other tribes. In 2013, I was
elected as Chief Judge of the Bay Mills Tribal Court. In that
role, I heard heart-wrenching cases about families in crisis. I
also enforced criminal laws in a deliberate and fair way.
In that position, we worked to establish the Bay Mills
Healing to Wellness Court. It is a substance-abuse treatment
court that has helped to reunite families, provide job
opportunities and housing to people in need, and to maintain
our tribal connections to one another.
In 2017, our tribe elected me to serve as tribal president
and we set about to make Bay Mills a better place to live. We
were making progress toward this effort when the pandemic
struck, and that became an important life-or-death focus of
mine.
Through our partnership with the Indian Health Service, we
established community surveillance testing for COVID-19. We saw
a disproportionately low rate of infection on our reservation
thanks to non-partisan coordination with local, State, and
Federal officials.
At the same time, we were able to expand our tribal
businesses, develop a new health center, and grow jobs and
incomes at Bay Mills, which were important goals for our
community.
I know firsthand the connection between public service and
the lives of others. When you live with the people you serve,
you cannot escape that connection. If you make a mistake, you
see it. And if you don't see it, there is sure to be an auntie
or a friend to remind you.
If confirmed, I will bring that perspective with me to the
Department of the Interior. We must help Indian Country build
back better after the pandemic. We must respond with urgency to
the violence against indigenous women and children across
Indian Country. And we must lay the foundation for the next
generation of Native children to succeed.
I believe that tribal governments, rather than Federal
agencies, are best suited to respond to the challenges their
communities face. Our job is to be a collaborative trustee and
ensure that Indian Country drives our work. With your consent,
I will be a leader on these important efforts.
I want to say miigwetch again, thank you, for the
opportunity to be here today, and for your service to our
Country. I look forward to answering your questions.[The
prepared statement and biographical information of Mr. Newland
follow:]
Prepared Statement of Hon. Bryan Todd Newland, Nominee for Assistant
Secretary for Indian Affairs, Department of the Interior
Aanii (Hello)! Thank you, Chairman Schatz, Vice-Chairman Murkowski,
and members of the Committee. It is an honor to appear before you today
as President Biden's nominee to be the Assistant Secretary-Indian
Affairs at the U.S. Department of the Interior, an important position
that serves as a leader for the United States' trust relationship with
Tribal Nations.
And it is a privilege to serve with Secretary Haaland at such an
important time for Indian country.
I'm so happy to have my wife Erica Newland here with me. We grew up
together on the Bay Mills Indian Reservation, and she has been my
partner, strategic advisor, and designated ``humbler'' every step of
the way. Together, we have two incredible children--Graydon and
Meredith--who are also here, as are my parents, Gordon and Vicki
Newland.
My parents had me at a young age, under difficult circumstances,
and worked hard to raise my brother Robert, my sister Holly, and me.
They also both had long careers in public service and instilled those
values in us. I thank them for that.
Growing up on our reservation, I saw how federal laws and policies
affected the lives of everyday Indians. Commercial tribal fishermen
exercised treaty-protected fishing rights to feed their families. I
lived up the street from Bay Mills Community College--the first
tribally-controlled community college in Michigan--which was
established soon after Congress enacted the Tribally Controlled
Colleges and Universities Assistance Act.
Our family also lived in tribal housing, supported by federal
grants.
My parents were fortunate to each have jobs, which allowed them to
get a land-lease to move out of tribal housing and purchase a home. We
lived in a single-wide trailer for several years while they waited for
the Bureau of Indian Affairs to approve their mortgage. When that
mortgage was finally approved, my parents became the first people on
the Bay Mills Reservation to have a mortgaged-financed home.
Their experience with the BIA's time-consuming mortgage-approval
process, and the delays that my parents faced as a part of it, would
stick with me.
I attended Michigan State University and the Michigan State
University College of Law, where I was the first Native student to
enroll in the Indigenous Law and Policy Program.
I graduated law school in 2007 and started in private practice. I
soon had the opportunity to serve in the Obama administration at the
Department of the Interior--in the office of the Assistant Secretary--
Indian Affairs.
There I was lucky to have mentors like Larry Echo Hawk and Del
Laverdure. We reformed leasing on Indian lands, putting timelines in
place so that other families wouldn't have the same delays my parents
faced. Working with this Committee, we saw the bipartisan enactment and
implementation of the HEARTH Act, putting Tribes back in control of
leasing and home mortgages on tribal lands.
Next, I returned home and used my experience to serve my own Tribe,
to teach Indian law to aspiring Native attorneys, and to advocate on
behalf of other Tribes.
In 2013, I was elected as Chief Judge of the Bay Mills Tribal
Court. In that role, I heard heart-wrenching cases about families in
crisis and enforced criminal laws in a deliberate and fair way.
In that position, I worked to help establish the Bay Mills Healing
to Wellness Court. That substance-abuse treatment court has helped to
reunite families, provide job opportunities and housing to people in
need, and maintain our tribal connections to one another.
In 2017, our Tribe elected me to serve as Tribal President and we
set about making our Tribal community a better place to live. We were
making progress toward this effort when the pandemic struck, and this
became an important, life-or-death, focus.
Through our partnership with the Indian Health Service, we
established early community surveillance testing for COVID-19. We saw a
disproportionately low rate of infection on our Reservation thanks to
non-partisan coordination with local, state, and federal officials.
At the same time, we were able to expand our tribal businesses,
develop a new health center, and grow jobs and incomes at Bay Mills,
important goals for our community.
I know firsthand the connection between public service and the
lives of others. When you live with the people you serve, you cannot
escape that connection--if you make a mistake, you see it (and, if you
don't see it, there's sure to be an auntie or a friend to remind you).
If confirmed, I will bring that perspective with me to the
Department of the Interior. We must help Indian country build back
better after the pandemic. We must also respond with urgency to the
violence against Indigenous women and children. And we must lay the
foundation for the next generation of Native children to succeed.
I believe that tribal governments, rather than federal agencies,
are best-suited to respond to the challenges their communities face.
Our job is to be a collaborative trustee and ensure that Indian country
drives our work. With your consent, I will be a leader for these
important efforts.
Miigwetch (Thank you) for the opportunity to be here today, and for
your service to our country. I look forward to answering your
questions.
______
biographical information
1. Name: Bryan Todd Newland
2. Position to which nominated:
Assistant Secretary--Indian A.flairs, U.S. Department of the
Interior
3. Date of nomination: April 27. 2021
4. Address: [Information not released to the public.]
5. Date and place of birth: [Information not released to the
public.]
6. Marital status: Married
Erica Lynn Newland (Robbins)
7. Names and ages of children: Two minor children [Ages and names
of minor children not released to the public.]
8. Education:
Undergraduate--Michigan State University, Aug. 1999-May 2003,
B.A. in Social Relations (May 2003)
Law School--Michigan State University College of Law, Aug.
2004-May 2007
Juris Doctorate (May 2007)
9. Employment record:
Administrative Assistant--Marketing Resource Group, Lansing,
MI (January 2000 to May 2003)(During academic year while
attending college)
Cart Attendant--Wild Bluff Golf Course. Brimley. MI (May-Aug.
2000)
Intern--Office of U.S. Representative Dale Kildee, Washington,
D.C. (May-Aug. 2001)
Intern--Office of U.S. Senator Carl Levin, Washington. D.C. (
May-Aug. 2002)
Assistant Account Executive--Marketing Resource Group,
Lansing, MI (May 2003-Aug. 2004)
Law Clerk--Dykema Gossett PLLC, Lansing, MI (Jan. 2005-May
2007)
Associate Attorney--Dykema Gossett PLLC, Lansing, MI (Aug.
2007-Oct. 2009)
Counselor/Senior Policy Advisor--Office of the Assistant
Secretary--lndian Affairs, Washington, D.C. (Oct. 2009-Dec.
2012)
Memher/Attorney--Fletcher Law, PLLC, Lansing, MI (Dec. 2012-
Jan. 2021)
Chief Judge--Bay Mills Indian Community. Brimley. MI (Nov.
2013-Aug. 2017)
Adjunct Professor--Michigan State University College of Law,
East Lansing, MI (Spring Semester 2014)
Adjunct Professor--Michigan State University College of Law,
East Lansing, MI (Fall Semester 2017)
President--Bay Mills Indian Community, Brimley, MI (Nov. 2017-
Feb. 2021)
Principal Deputy Assistant Secretary--Indian Affairs--U.S.
Department of the Interior, Washington, D.C. (Feb. 2021-
present)
10. Government experience:
Visiting Judge--Grand Traverse Band of Ottawa and Chippewa
Indians, Peshawbestown, MI
Visiting Judge--Sault Ste. Marie Tribe of Chippewa Indians,
Sault Ste. Marie, MI
Member--Indian Education Committee for Brimley Area Schools,
Brimley. MI
Member--Michigan Advisory Council on Environmental Justice,
Lansing. MI
Member--Obama-Biden Presidential Transition Team, Washington,
D.C.
11. Business relationships:
Member--Nokomis Learning Center, East Lansing, MI
Member--Michigan State University College of Law Board of
Trustees, East Lansing, MI
Member--Bay Mills Community College Board of Regents, Brimley,
MI
Chairman--Bay Mills Gaming Authority, Brimley MI
Chairman--Bay Mills Business Holdings Board of Directors,
Brimley, MI
Member--Title Track Board of Directors, Williamsburg, MI
12. Memberships:
State Bar of Michigan
Federal Bar Association
13. Political affiliations and activities:
(a) List all offices with a political party which you have held or
any public office for which you have been a candidate.
Candidate for and elected as, President--Bay Mills Indian
Community, Brimley, MI (Nov. 2017-Feb. 2021)
(b) List all memberships held in or political registrations with
any political parties during the last 10 years.
Member of Michigan Democratic Party
(c) List all political offices or election committees during the
last 10 years. None.
(d) Itemize all political contributions to any individual campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years.
Expended approximately $750 in personal funds for my campaign
for elected tribal office. Beyond that, I have not made any
personal contributions to any candidate, party, or PAC over
$500.
(e) Current political party registration, if any.
Democratic Party.
14. Honors and awards:
2020 Clean Water Action Great lakes Protectors Award Recipient
(on behalf of Chippewa Ottawa Resource Authority member Tribes)
2015 Recipient of the Michigan Lawyers Weekly Award for ``Up
and Coming Lawyers''
2011 Recipient of the Washington, D.C. Native American Bar
Association ``Excellence in Government Service'' Award
2011 Recipient of the National Center for American Indian
Enterprise Development ``40 Under 40'' Award
2005 Recipient of the Native American Journalist Association
``Best Column Writing'' for Monthly Publications
15. Published writings:
Bay Mills News, ``On my Fishbox'' (monthly column writer from
August 2004 to May 2007)(some columns available online, but
most were print only with no archives)
Turtle Talk Indian law Blog (irregular posting from 2007 to
2020)(available online, with individual posts named below)
-- Breach of Trust: How Government agencies are working with
Enbridge, Inc. to Jeopardize Tribal Treaty Rights, August 31,
2018
-- Will the EPA allow the line 5 Pipeline to remain in the
Straits of Mackinac? May 31, 2018
-- Is the Trump Administration Preparing to Gut the Indian
Reorganization Act, October 16, 2017
-- Breakdown: A closer look at the Trump Administration's
proposed land into trust regulations, October 16, 2017
-- The BIA's land-into-trust process and why changes will never
satisify the critics, July 24, 2017
-- Remarks by President Trump and Secretary of Energy Rick
Perry at White House Tribal, state, and Local Energy
Roundtable, June 29, 2017
-- The President's Budget Cuts for Treaty Rights Funding Affect
jobs, June 21, 2017
-- Navajo Nation Office of the President Seeking legal Intern,
June 5, 2017
-- State of Michigan sues Hannahville Indian Community over
Gaming Compact, March 14, 2017
-- Bureau of Indian Affairs Updates Tribal Transportation
Regulations, November 9, 2016
-- Donald Trump and Federal Indian Policy: Postscript, October
31, 2016
-- Enbridge pipeline litigation and its (potential) impact on
tribal treaty rights in the Great lakes, September 19, 2016
-- Dept. of the Interior Issues Secretarial Procedures for
North Fork Rancheria, August 11, 2016
-- Donald Trump and Federal Indian Policy: ``They don't look
like Indians to me,'' July 25, 2016
-- Placing Proposed Amendments to IGRA in Historical Context,
May 16, 2016
-- Assistant Secretary--Indian Affairs approves gaming
application for Cloverdale Rancheria, May 3, 2016
-- Parties seek intervention in Right of Way Regulation
Lawsuit, April 18, 2016
-- Senators Tester and Franken Introduce legislation to Expand
Tribal Jurisdiction, April 15, 2016
-- Lawsuit Challenges BIA Right of Way Regulations, April 11,
2016
-- Department of the Interior Announces Departure of Kevin
Washburn (at end of year), December 10, 2015
-- Supreme Court Oral Argument transcript in Dollar General,
December 7, 2015
-- President Obama Appoints Fond du Lac Chairwoman Karen Diver
to key White House Post, November 4, 2015
-- Dollar General and the Racist Foundation of the Supreme
Court's Tribal Jurisdiction Cases, September 8, 2015
-- Gun lake Band Statement on Withholding Revenue Sharing
Payments, August 17, 2015
-- HEARTH Act Regulations, Federal Preemption of State and
local Taxes, and the Seminole Case, August 12, 2015
-- House Subcommittee on Indian Affairs Memo on Fee-to-Trust
and Important Context, May 14, 2015
-- Medical Marijuana Legislation Introduced in Congress, March
16, 2015
-- Recent Decision Applying BIA leasing Regulations Signals a
Shift in Indian Tax Law, September 10, 2014
-- 9th Circuit's Decision in Big lagoon Case Spells Trouble
(breakdown), January 22, 2014
-- A Closer look at Gaming Compact Negotiations in Michigan
Part Deux: The State's Bargaining Position, October 1, 2013
-- A Closer Look at Gaming Compact Negotiations in Michigan
Part I: The history of Michigan's first gaming compacts,
September 24, 2013
-- Reaction to Pommersheim Article on Fee-to-Trust, July 26,
2013
-- President issues Executive Order Establishing Interagency
Council on Native American Affairs, June 26, 2013
-- Tribes and the Michigan Wolf Hunt, May 10, 2013
-- Department of the Interior Sued Over Tax Provision in New
Indian leasing Regulations, April 26, 2013
-- The Second Time Around: looking Ahead to President Ohama's
Second Term, January 29, 2013
-- Retrospective on Federal Indian Policy during President
Obama's First Term, January 16, 2013
January 19, 2013--''A Retrospective on Federal Indian Policy
During President Obama's First Term'' Indian Country Today
(available online)
April 2014--''The HEARTH Act: Transforming Tribal land
Development'' The Federal Lawyer (available online)
May 9, 2015--''House Subcommittee on Indian Affairs Memo on
Fee-to-Trust and Important Context'' Indian Country Today
(available online)
May 27, 2015--''Congress: Keep Hands-Off IRA Fee-to-Trust
Provision'' Indian Country Today (available online)
July 28, 2016--''Donald Trump and Federal Indian Policy `They
Dont look like Indians to Me''' Indian Country Today (available
online)
February 14, 2020--''Pete Buttigieg is The Best Candidate to
Empower Tribal Nations'' Indianz.com (available online)
March 25, 2020--''Indigenous Americans Must Not Once Again Pay
the Price for the Mistakes of Others,'' Washington Post
(available online)
April 13, 2020 ``COVID-19 Relief Funds Must go to Tribal
Governments, Fairly,'' Indian Country Today (available online)
April 22, 2020--''Celebrate Earth Day by Protecting Michigan's
Environment from Line 5,'' Bridge Magazine (available online)
July 4, 2020--''Enbridge Line 5 is Michigan's Next Ecological
Disaster,'' Detroit Free Press (available online)
December 2, 2020--Terminating Line 5 Easement Means a Safer
Future for Michigan and the Great Lakes,'' Lansing State
Journal (available online)
April 6, 2021 ``Indian Country Has Interior's Commitment to
Meaningful Consultation,'' Indian Country Today (available
online)
16. Speeches:
Native American Financial Officers Association, ``Federal
Update,'' Washington, D.C, April 2021
Arizona State University Law School Conference, ``Federal
Update,'' Tempe, Arizona, March 2021
National Congress of American Indians Winter Session,
``Federal Update,'' Washington. D.C, February 2021
Ford School of Public Policy ``Policy Talks Series: Tribal
Sovereignty and Legal Challenges,'' Ann Arbor, MI, December
2020
Washington, D.C. Bar Association Water is Life Webinar,
``Treaties, Water, and Oil Pipelines,'' Webinar, Washington,
D.C., September 2020
Lake Superior State University, Campus Big Read Book
Discussion: Violence Against Women in Indian country,'' Sault
Ste. Marie, MI, September 2020
Michigan Climate Action,'' Line 5 and Defending Tribal Treaty
Rights,'' Speaking of Resilience Podcast, July 2020
Indian Country Today,'' Interview on Tribal COVID-19
Response,'' May 2020
Arizona State University Law School Wiring the Rez
Conference,'' Moving Online,'' Wild Horse Pass Resort,
Glendale, Arizona, January 2020
Michigan State University College Law 16th Annual Indigenous
Law Conference,'' The Lawyer Becomes the Client (Ethics),
Michigan State University College of Law, East Lansing,
Michigan, October 2019
Wisconsin Bar Association Indian Law Conference,
``Environmental Threats: Knowing the Battlefield,'' Wilderness
Resort, Wisconsin Dells, Wisconsin, August 2019
Mackinac Island Community Forum, ``For Love of Water Update on
Line 5 Pipeline, July 2019
Michigan Climate Action Summit, Grand Rapid, MI, February 2019
Lake Superior State University Scholar Series, ``Blood Feud:
The Ethics of Researching Native American Genetics,'' Sault
Ste. Marie, MI, November 2018
Great Lakes Coalition Press Conference, ``Enbridge Line 5
Pipeline,'' Lansing, MI, November 2018
NextGen Native Podcast, ``Politics & Art,'' November 2016
17. Testimony:
While I have never testified in a non-governmental capacity. I have
testified before Congress as the President of the Bay Mills Indian
Community at the following hearings:
May 9, 2018--House Appropriations Subcommittee on Interior,
Environment and Related Agencies, American Indian and Alaska
Native Public Witness. Hearing on Appropriations for 2019
(appearing in my capacity of President of the Bay Mills Indian
Community as witness for Chippewa Ottawa Resource Authority)
March 7, 2019--House Appropriations Subcommittee on
Interior, Environment and Related Agencies, Public Witness
Hearing--Tribal Programs: Day 2, Morning Session (appearing in
my capacity of President of the Bay Mills Indian Community as
witness for Chippewa Ottawa Resource Authority)
February 11, 2020--House Appropriations Subcommittee on
Interior, Environment, and Related Agencies, American Indian
and Alaska Native Public Witness Day 1, Afternoon Session
(appearing in my capacity of President of the Bay Mills Indian
Community as witness for Chippewa Ottawa Resource Authority)
18. Selection:
(a) Do you know why you were selected for the position to which you
have been nominated by the President?
I believe I was selected for my experience working both in the
Department and as an elected tribal leader and for my accomplishments,
in addition to my reputation for ethics and respecful treatment of
others.
(b) What in your background or employment experience do you believe
affirmatively qualifies you for this particular appointment?
I believe my experiences, including working in the Department, as a
successful elected tribal leader and tribal judge, and as an attorney
who has represented many different tribes, makes me quafified to
exercise the duties of the Assistant Secretary--Indian Affairs.
b. future employment relationships
1. Will you sever all connections with your present employers,
business firms, business associations, or business organizations if you
are confirmed by the Senate? Yes.
2. Do you have any plans, commitments, or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, please explain. No.
3. Do you have any plans, commitments, or agreements after
completing government service to resume employment, affiliation, or
practice with your previous employer, business firm, association, or
organization? No.
4. Has anybody made a commitment to employ your services in any
capacity after you leave government service? No.
5. If confirmed, do you expect to serve out your full term? or
until the next Presidential election whichever is applicable? Yes.
c. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers.
I maintain 401(k) or similar retirement accounts through the
following previous employers: Dykema Gossett, PLLC; Fletcher Law, PLLC;
and Bay Mills Indian Community.
My former employers do not make any further contribution to these
plans.
2. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
I have consulted with, and will continue to consult with, the
Department's Designated Agency Ethics Official and staff in the
Departmental Ethics Office, to identify potential conflicts of
interest. I have entered into an ethics agreement, which has been
provided to the Committee, with the Department's Designated Agency
Ethics Official to identify potential conflicts of interest. I will
complv with that agreement.
3. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 years, whether for
yourself, spouse or dependents, on behalf of a client, or acting as an
agent, that could in any way constitute or result in a possible
conflict of interest in the position to which you have been nominated.
Any potential conflicts of interest have been identified and
addressed through consultalions with the Office of Government Ethic's
and the Department' Designated Agency Ethics Official. As a result of
those consultations, I have entered into an ethics agreement, which has
heen provided to the Committee, with the Department's Designated Agency
Ethics Official to identify potential conflicts of interest. I am not
aware of any other conflicts of interest.
4. Describe any activity during the past 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.
I have never been a registered lobbyist. As a tribal leader, I was
regularly in contact with State and Federal legislative bodies and
agencies to maintain good relations and influence the execution of
policy affecting Indian tribes. As a tribal attorney, I often
represented tribal governments and entities on matters that touched
upon the implementation of federal policies. For example, I have
negotiated tribal-state gaming compacts for several Tribes (Jicarilla
Apache Nation, Menominee Indian Tribe of Wisconsin, and the Crow Tribe
of Montana) that required review and approval by the Department of the
Interior. I have also advised several Tribal clients on Federal and
State relations, without serving as a principal contact with agency
officials or congressional staff.
5. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items. (Please provide a copy of any trust or other agreements.)
I have consulted with, and will continue to consult with the
Department's Designated Agency Ethics Official and staff in the
Departmental Ethics office, to identify potential conflicts of
interest. I have entered into an ethics agreement, which has been
provided to the Committee, with the Department's Designated Agency
Ethics Official to identify potential conflicts of interest. I will
comply with that agreement. I will adhere to all federal ethics
statutes, regulations, and policies, as well as ethics rules applicable
to me as a licensed attorney.
6. Do you agree to have written opinions provided to the Committee
by the designated agency ethics officer of the agency to which you are
nominated and by the Office of Government Ethics concerning potential
conflicts of interest or any legal impediments to your serving in this
position? Yes.
d. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain.
I was the subject of a complaint to the Michigan Attorney Grievance
Commission filed by an attorney in 2014 or 2015 for communication with
an unrepresented party. The attorney who filed the complaint was a
defendant in a civil case in which I was the plaintiffs counsel, and he
was represented by at least 6 different attorneys during the course of
the litigalion--including periods where he represented himself. I had
served the complaining attorney with notice and a copy of a pleading in
the case during a period in which he was representing himself. The
Michigan Attorney Grievance Commission disposed of the complaint
without any disciplinary action.
2. Have you ever been a subject of an investigation, or
investigated, arrested, charged, or held by any Federal, State, Tribal
or other law enforcement authority for violation of any Federal, State,
Tribal, county, or municipal law, regulation, or ordinance, other than
for a minor traffic offense? If so, please explain. No.
3. Have you or any entity, partnership or other association,
whether incorporated or unincorporated, of which you are or were an
officer ever been involved as a party in an administrative agency
proceeding or civil litigation? If so, please explain.
Yes. Before and during the course of my tenure as President of Bay
Mills Indian Communitv, and as a Member of the Board of Regents for the
Bay Mills Community College, both entities have been involved in civil
litigation as plaintiffs and defendants on a number of matters. None of
the cases pertained to my actions or decisions in either my official or
personal capacity while serving at those organizations.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Are you currently a party to any legal action? If so, please
provide the nature and status. No.
6. Have you ever declared bankruptcy? If so, please describe the
circumstances. No.
7. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination. Not applicable.
e. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees? Yes.
2. Will you ensure that your department/agency responds to all
congressional inquiries and letters from members of Congress in a
timely matter? Yes.
3. Will you ensure that your department/agency protect
congressional witnesses and whistle blowers from reprisal for their
testimony and disclosures? Yes.
4. Will you cooperate in providing the committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee in a timely
manner? Yes.
5. Please explain, if confirmed, how you will review regulations
issued by your department/agency, and work closely with Congress, to
ensure that such regulations comply with the spirit of the laws passed
by Congress.
If confirmed, I, with the help of the Department's Office of
Regulatory Affairs and Collaborative Action and the Office of the
Solicitor, will utilize the established administrative decisionmaking
process, applicable law, and any relevant case law to develop, review,
and, finalize regulations. I will aim to ensure that the Department's
regulations comply with the spirit and letter of the law passed by
Congress.
6. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
7. Will you commit to submitting timely testimony to the Committee
consistent with Committee Rule 4(b)? Yes.
f. general qualifications and views
1. How does your previous professional experiences and education
qualify you for the position for which you have been nominated?
I have previously served within the Department of the Interior as a
Counselor and Senior Policy Advisor to the Assistant Secretary of
Indian Affairs. That service has given me a clear understanding of the
responsibilities of the position and the scope of the work. I also
served as the Chief Judge of a Tribal Court for 4 years, which was
funded through a P.L. 93-638 contract with the Bureau of Indian
Affairs. During my tenure as Chief Judge, I experienced the challenges
facing many tribal justice systems and the people that they serve. I
had the opportunity to serve as President of a Tribe for more than 3
years and was directly responsible to Tribal citizens, for taking
actions to improve their lives and being a steward for tribal
resources. I have taught Federal Indian law at a large university law
school. Lastly I have represented a number of Tribes across the United
States as legal counsel, which has given me a perspective regarding the
unique challenges facing tribes in different regions.
Together, these experiences have helped me to develop a unique
perspective on the relationship between individual tribal citizens,
tribal governments, the Department of the Interior, and the Federal
Government. I've learned how Federal laws and policies impact tribal
governments, and how those impacts flow directly to tribal citizens and
residents of tribal communities.
2. Why do you wish to serve in the position for which you have been
nominated?
I want to utilize this opportunity to implement policies to improve
the lives of people in Indian country, and to set the foundation for a
better relationship between American Indians/Alaska Natives and the
United States.
3. What goals have you established for your first two years in this
position, if confirmed?
If comfirmed, in my first two years I intend to:
Oversee the successful implementation of the American
Rescue Plan within the Indian Affairs bureaus at the Department
of the Interior;
Take steps to restore tribal homelands and empower Tribal
governments to exercise greater control over the use and
development of their lands;
Move the Bureau of Indian Education closer toward
operational independence;
Implement the Not Invisible Act, build-out the Missing and
Murdered Unit at the Department of the Interior, and coordinate
with other agencies to respond to missing and murdered
Indigenous persons in Indian country;
Work with the Secretary of the Interior to fulfill
President Biden's commitments to Indian country in his January
26, 2021, memorandum regarding tribal consultation and
strengthening the nation-to-nation relationship; and,
Coordinate with other cabinet agencies to successfully
reconstitute the White House Council on Native American Affairs
and organize the White House Tribal Nations Summit.
4. What skills do you believe you may be lacking which may be
necessary to successfully carry out this position? What steps can be
taken to obtain those skills?
There are many subject matter areas where I do not have expertise,
and I believe the best method to obtain knowledge on those areas is to
engage with an open mind, ask questions, and listen.
5. Please discuss your philosophical views on the role of
government. Include a discussion of when you believe the government
should involve itself in the private sector, when society's problems
should be left to the private sector, and what standards should be used
to determine when a government program is no longer necessary.
I believe that the role of government is to preserve the safety and
general welfare of the people it serves, and to create conditions that
allow people to live safe, healthy, and fulfilling lives in communities
of their choosing. I do not believe that the activities of government
should be constrained or enlarged by rigid ideology, and instead
believe that government actors should adhere to core legal principles
while adaptively working to address problems in a dynamic environment.
6. Describe the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated.
The mission and objectives of the Department of the Interior with
respect to American Indians, Indian Tribes, and Alaska Natives are to
enhance the quality of life, to promote economic opportunity, and to
carry out the responsibility to protect and manage trust assets.
The Department's operational objectives are to facilitate tribal
self-government and self-determination through a variety of programs.
7. What do you believe to be the top three challenges facing the
department/agency and why?
The biggest current challenge facing the Department of the
Interior--Indian Affairs operation is responding to the COVID-19
pandemic in a way that supports tribal self-determination and self-
government while protecting the health and safety of Department and
Tribal employees. Relatedly, the Department must also assist Tribal
government in delivering effective government services to Tribal
citizens in a manner that protects the public health and creates
economic opportunity in the aftermath of the pandemic.
Other significant challenges included the need to protect American
Indians and Alaska Natives from violent crimes--particularly domestic,
intimate partner, and sexual violence. American Indians and Alaska
Natives are subjected to violent crimes at a disproportionately high
rate, and those criminal acts are often difficult to address due to a
lack of resources and jurisdictional challenges.
The Department must also work with Congress and Tribes to help
develop modern infrastructure across Indian country. A lack of high-
speed Internet access, safe drinking water, safe roads, and housing
inhibit economic growth in Indian country.
8. In reference to question number six, what factors in your
opinion have kept the department/agency from achieving its missions
over the past several years?
The biggest obsticle to upholding the trust responsibility and
protecting and managing those assets for the true benefit of Tribes has
been indifference and prioritizing the views of other stakeholders that
participate in the process over the views of Indian tribes.
9. Who are the stakeholders in the work of this department/agency?
While there are many entities that participate in Indian Affairs
activities, like other federal agencies, States, and private sector
companies, the primary stakeholders for Departmental programs are
federally recognized Indian tribes, individual tribal citizens and
Indian landowners, and indigenous people within the United States.
10. What is the proper relationship between the position to which
you have been nominated and the stakeholders identified in question
number nine?
The proper relationship between the Assistant Secretary--Indian
Affairs and Tribe, tribal cilizens, Indian landowners, and Indigenous
people is a respectful relationship in which the Assistant Secretary
acts as a Trustee who empowers the beneficiaries to define their needs
and priorities.
11. The Chief Financial Officers Act requires all government
departments and agencies to develop sound financial management
practices.
a) What do you believe are your responsibilities, if confirmed, to
ensure that your department/agency has proper management and accounting
controls?
The Assistant Secretary must work closely with managers to provide
clear direction and oversight on the execution of program functions.
This includes instilling and upholding values consistent with the
public trust and holding senior managers accountable for the proper
expenditure of taxpayer funds.
b) What experience do you have in managing a large organization?
I served as the President of a federally recognized Tribe for more
than 3 years, in which time I was responsible for establishing annual
budgets and overseeing nearly 700 employees. During my tenure as Tribal
President, I helped lead our Tribe through the COVID-19 pandemic with a
comparatively low infection rate while also expanding the Tribe's
business holdings and developing a new health center. I also know the
Department and its programs well, having served during the Obama
Administration, assisting the Assistant Secretary--Indian Affairs in
the management of the Indian Affairs bureaus.
12. The Government Performance and Results Act requires all
government departments and agencies to identify measurable performance
goals and to report to Congress on their success in achieving these
goals.
a) What benefits, if any, do you see in identifying performance
goals and reporting on progress in achieving those goals?
Establishing performance goals is a useful tool to measure progress
and hold the organization accountable. Reporting on progress is useful
in building trust with employees and outside stakeholders.
b) What steps should Congress consider taking when a department/
agency fails to achieve its performance goals? Should these steps
include the elimination, privatization, downsizing, or consolidation of
departments and/or programs?
The first step Congress should take is to evaluate the reasons an
agency has not met its performance goals. Sometimes, an agency's
failure to meet its goals may be due to the capacity of staff, and
sometimes it may be due to larger structural challenges--such as a lack
of funding or reliance on other agencies for critical support. Remedies
must be designed to respond to the cause of the failure to meet
performance goals. With respect to Indian Affairs, Congress should also
consider empowering Tribal governments to carry-out the functions to
meet the performance goals locally.
c) What performance goals do you believe should be applicable to
your personal performance, if confirmed?
Indian Affairs is unique in that its objectives are usually defined
by Tribes and individual beneficiaries. It is important that the
Assistant Secretary work closely with Tribal leaders to understand how
they define and evaluate success and establish performance goals based
upon that feedback.
13. Please describe your philosophy of supervisor/employee
relationships. Generally, what supervisory model do you follow? Have
any employee complaints been brought against you?
I believe the role of a supervisor is to lead, teach, and empower
employees to move an organization toward its goals; and a supervisor
must ensure that each employee is accountable for meeting those goals
and upholding ethical standards. In my career, I have worked hard to
empower employees to help meet tasks and avoid micromanagement. I view
it as my responsibility as a leader to clearly communicate goals,
deadlines, and ethical standards, and trust that employees will use
their skills and professionalism to meet deadlines, accomplish goals,
and abide by ethical standards.
I have never been the subject of an employee complaint.
14. Describe your working relationship, if any, with the Congress.
Does your professional experience include working with committees of
Congress? If yes, please explain.
I have had limited experience working with Members of Congress and
Committees, but have maintained respect for Members and staff in my
prior engagements.
15. Please explain what you believe to be the proper relationship
between yourself, if confirmed, and the Inspector General of your
department/agency.
The Inspector General must retain a measure of independence to
preserve the ability to conduct fair and unbiased investigations of
complaints and referrals, and to issue findings--even if critical of
current agency employees. If confirmed, I would maintain a degree of
respect for staff with the Office of the Inspector General and ensure
that they have the abilily to perform their important duties without
interference.
16. In the areas under the department/agency's jurisdiction to
which you have been nominated, what legislative action(s) should
Congress consider as priorities? Please state your personal views.
I believe that Congress should prioritize enactment of the American
Jobs Plan, because it will provide historic levels of funding for
Indian country infrastructure development. In addition, I believe that
it will be important for Congress to reauthorize the Violence Against
Women Act, and to adopt ``Carcieri fix'' legislation.
17. Within your area of control, will you pledge to develop and
implement a system that allocates discretionary spending in an open
manner through a set of fair and objective established criteria? If
yes, please explain what steps you intend to take and a timeframe for
their implementation. If not, please explain why.
Yes. If confirmed, I will engage in tribal consultation to
understand how Tribes want to prioritize discretionary spending, and
will actively participate in dialogue with the Tribal Interior Budget
Committee.
g. financial data
[Information not released to the public.]
The Chairman. Thank you very much, Mr. Newland. You were an
elected tribal leader. The first question I have for you is, if
confirmed, what lessons from that experience will you take into
the role as Assistant Secretary? What specific improvements do
you think need to be made that you are going to bring your old
perspective into your new role?
Mr. Newland. Thank you for that question, Chairman Schatz.
I think the most important lessons I learned serving as
tribal leader, again referencing my introductory comments, is
that I understand that when we show up to work every day and do
something or don't do something, that it affects the lives of
people. So I want to make sure that as I go to work, if I have
the privilege of being confirmed, that I keep that in mind.
Another thing I learned working with other elected members
of our tribal council in a community that governs itself
through a general tribal council is that consensus building is
important. While we have many urgent issues to tackle, we also
must work to ensure that we are meaningfully engaged with
tribes across Indian Country and stakeholders, so that the
decisions that we make and the policies we enact, to make sure
that they stick. Because when you don't have consensus, when
you don't take the time to build that, oftentimes the change
you seek eludes you, because people haven't bought in.
So those are some of the lessons that I would bring with me
to the Department.
The Chairman. A friend of mine in Hawaii says, you got to
go slow to go fast. So I agree with your perspective on
consensus building.
BIE in particular has been really awful in responding to
Committee requests, letters, questions from the record, they
are just late, sometimes they never get back to us. Do I have
your commitment that if confirmed, that you will make sure that
BIE and BIA and other bureaus over which you have
responsibility timely respond to any Committee member who has
any formal correspondence?
Mr. Newland. Thank you, Mr. Chairman. You have my
commitment.
The Chairman. Thank you.
I want to talk to you just a little bit about the OIG. The
paperwork you submitted indicates that you agree, but for the
hearing record, if confirmed, will you ensure that the OIG has
the ability to perform its duties without interference?
Mr. Newland. Thank you, Mr. Chairman. Yes, the Office of
Inspector General has a very important role to play and I
respect that role and will make sure that they have the ability
to do their job without any interference.
The Chairman. I want to talk to you a little bit about the
Native Hawaiian trust responsibility, the Federal trust
responsibility encompassing American Indians, Alaska Natives,
and Native Hawaiians. I think there tends to be a
misunderstanding depending on where you reside within the
Executive Branch. I was just talking to Secretary Becerra about
this, that even though the trust responsibility as it relates
to Native Hawaiians is sometimes expressed, even through
funding or statutory law, in a different part of the Federal
architecture, both bureaucratically and in terms of the law
itself. That doesn't make it any less valid.
I am just wanting your commitment to not just recognize it
as a person and as a leader in a specific position, but as an
advocate across the Federal Government. Everybody has to
understand that just because, for instance, Native Hawaiian
education and Native Hawaiian health, Native Hawaiian housing
may reside in a different place, and may be administered by a
different department or agency, doesn't make it any less valid.
I really need your commitment to sort of be the watcher
here, whether it is HHS or United States Department of
Education or the Department of Interior. Do I have your
commitment to kind of articulate across agencies that the
government's obligation sticks, whether it is Native Hawaiians,
Alaska Natives or American Indians?
Mr. Newland. Thank you, Mr. Chairman, for your comments and
your advocacy on behalf of Native Hawaiians. You have my
commitment to work with you and other officials across the
Federal Government to make sure that we are carrying out our
legal and our moral obligations to Native Hawaiian people.
The Chairman. Thank you very much.
Vice Chair Murkowski.
Senator Murkowski. Thank you, Mr. Chairman.
Mr. Newland, as I mentioned in our call, and just in my
opening here, the differences that we have in Alaska when it
comes to Alaska Native governance and representation, and the
distinction with our ANCs that were created through ANCSA.
So we learned very clearly, I think, after the passage of
the CARES Act and the Treasury's actions to disburse the funds
under the tribal set-aside, it became clear to us in Alaska
that the structure, when it comes to Alaska Native governance,
is just not as well understood as we believe it is. It has been
around now for 40 years, and we think that others understand
it. But because it is so unique to Alaska, I think it is an
ongoing education issue. We saw that play out. We are now
awaiting the decision by the Supreme Court in the Chehalis
litigation.
I need to know that you are aware of how important it is
that ANCs are included in the ISDEA definition of Indian tribe,
which is referenced in hundreds of other statutes. I am also
needing to reinforce and make sure that you are aware of how
important it is that ANCs serve as the recognized governing
body of an Indian tribe under ISDEA and DOI guidelines,
sometimes only in limited circumstances. But I know that you
have been looking further into this in not only preparation for
this hearing but just in the role that you have been nominated
to.
So again, if you can affirm to me that you do understand
the importance of what I have just laid down, and if you can
share with me what you are doing to educate yourself now on
ANCSA and ANILCA and Alaska's unique structure that serves
tribal communities, and making sure that not only for yourself
but for others in your office that you will commit to the ANCSA
and the ANILCA trainings that are provided, if you are
confirmed.
Mr. Newland. Thank you, Vice Chair Murkowski. I appreciate
your comments.
First, I would share your assessment that there is a lot of
educating that needs to be done on the unique structure of
Indian law in Alaska. I will acknowledge that I am working to
educate myself on those laws as well, and I have been working
diligently since I arrived at the Department to work with the
experts within the Department to understand ANCSA and ANILCA,
and also the other unique ways that other laws interact with
those statutes.
I am also looking forward to having the opportunity to
getting on the ground in your State and working with leaders
and visiting communities and understanding and hearing directly
from them. I believe there is no substitute for that.
Which is all a longwinded preface, I know, to respond to
your question, which is that I am committed to better
understanding and to carrying out my responsibility to the 229
federally recognized tribes in Alaska as well as the
corporations there. I am eager to work with you and your team
and folk across Alaska.
Senator Murkowski. I thank you for that. I think you have
been made aware that because of some of the comments that were
made last year, comments that were very critical of ANCs in the
context of the CARES implementation, including comments that
you have made, that the temperature on this got pretty hot
there for a while. So I think it is going to be important to
not only lower that temperature, but for you in this position
to really set that tone as an ambassador and as an advocate for
all of Indian Country and Native people.
Very quickly, because my time is just about expired, Alaska
is a PL-280 State. We have been working over the years to piece
together different grants and programs to support our public
safety systems. We have been able to direct funding to Alaska
for our tribal courts, even though we are a PL-280 State. So
your position on using BIA funding for tribal courts in PL-280
States like Alaska, recognizing your significant experience
with the tribal court system?
Mr. Newland. Thank you, Vice Chair Murkowski.
Consistent with what you have just laid out under the
President's Rescue Plan that Congress enacted, we worked toward
that end with leaders across Alaska Native communities to make
sure that our law enforcement funding that came down through
the Department of the Interior acknowledged the unique
challenges that tribes in Public Law 280 States faced so that
we made sure that they were not excluded from public safety
funding under the Rescue Plan. I think that is important, as
you have laid out. I look forward to working on it, if
confirmed.
Senator Murkowski. Thank you, Mr. Chairman.
The Chairman. Senator Cortez Masto.
STATEMENT OF HON. CATHERINE CORTEZ MASTO,
U.S. SENATOR FROM NEVADA
Senator Cortez Masto. Thank you, Mr. Chairman.
Mr. Newland, congratulations on your nomination. Welcome to
your family. And thank you for taking the time with me to talk
with me prior to today's hearing as we talked about important
issues that impact tribal communities in my State and across
the Country.
One of the things I want to focus on is the need for better
coordination among the Federal agencies as it comes to
representing and providing additional and necessary resources
to our tribal communities. One, I want to get a commitment from
you that you are willing to not only appear before us, but work
with other Federal agencies on issues, whether it is economic
development or infrastructure, that pertain to tribal
communities. Are you willing to do that?
Mr. Newland. Yes, Senator.
Senator Cortez Masto. Two, there are two issues really that
are a priority for me. One of them, and I am going to need our
help with this, has to do with wildfires. In the west, we are
seeing more and more wildfires, we are dealing with this here
in Congress, not only the resources, but addressing the
prevention, suppression, all of the above.
I want to make sure our tribal communities are brought into
this conversation, because they are dealing with the wildfires
and necessary resources to assist them. But it requires you to
work with other Federal agencies to really come to the table
and have a coordinated response for policies, protocols, and
working with State and local as well as our tribal communities,
most importantly.
So can you talk a little bit about that, what is already
being done and what you can promise at least or make a
commitment that we can address for the future?
Mr. Newland. Sure, thank you, Senator. I appreciate the
opportunity to talk about this a little bit.
One of the great things this Administration has already
done on this effort is to reconstitute the White House Council
on Native American Affairs. The trust obligation to Indian
Country does not rest solely within the Bureau of Indian
Affairs, it is the United States' trust obligation. That allows
us to actually put action behind the all-of-government approach
to issues across Indian Country, including wildfire issues.
I know that Secretary Haaland and Secretary Vilsack at the
Department of Agriculture have been speaking and working on
wildfire issues across the west, particularly as the relate to
Indian Country and protecting tribes and making sure tribes
have resources on that. Within the Department, we have bureaus
coordinating in anticipation of this year's wildfire season.
But the White House Council is going to be critical to
making sure that this coordination on Indian Country issues
happens. I am really glad to be a part of it.
Senator Cortez Masto. Thank you. And really, what I am
looking for is action items coming from that, whether they are
MOUs or agreements, policies, protocols and how the agencies,
who is going to take the lead at certain times, how it actually
gets done at the end of the day. I am hopeful that you will
help me make sure that that happens.
Let me jump to another issue. When it comes to the Tribal
Energy Loan Guarantee Program, we discussed this previously,
but let me just broach this again with you. Tribal Energy Loan
Guarantee Program has not issued any loans since it was
authorized under the Energy Policy Act of 2005. I think this is
a missed opportunity to help tribes as they look to deploy
renewable energy. The fiscal year 2021 Consolidated
Appropriations Bill included language to encourage the
Department of Energy's Office of Indian Energy to better market
the program.
So if confirmed, will you commit to reviewing the Tribal
Energy Loan Guarantee Program and expediting efforts to make
the program more accessible to tribes?
Mr. Newland. Sure, thank you, Senator.
This goes back to the all-of-government approach you
referenced in your first question. We have been working with
the Department of Energy on this, and also trying to make sure
that the Department of the Interior's Indian Loan Guarantee
Program works with Department of Energy's loan guarantee
program for Indian Country, so that tribes have access to the
capital they need to develop the resources they have on their
lands, be they renewable energy resources, or others.
Senator Cortez Masto. Thank you. I appreciate your comments
today. Congratulations again.
Thank you, Mr. Chair.
The Chairman. Senator Lankford.
STATEMENT OF HON. JAMES LANKFORD,
U.S. SENATOR FROM OKLAHOMA
Senator Lankford. Mr. Chairman, thank you very much.
Mr. Newland, it is a tough job to be able to step up into.
You know well, because you watched it, when you served in
Interior before. So thanks for stepping up and being able to be
energetic, I would say, to be able to step into this and be
able to try again to be able to lead it.
I have multiple questions for you. I will try and run
through them as quick as I can, through several of them.
This issue of tribal energy production that Senator Cortez
Masto was talking about is an important one. There are a lot of
tribes in my State as well that want to continue energy
production.
Are you still committed to all-of-the-above energy
production on Native lands?
Mr. Newland. Thank you, Senator. I have had an opportunity
to work in your State with a number of the tribes and know how
important oil and gas development is to tribes in Oklahoma. My
priority, if confirmed to this job, is to make sure that tribes
are in control of whether, when and how to develop their energy
resources, be they renewable energy or other resources they
have on their lands.
Senator Lankford. That is great. Let me just give you a
specific, I can give you a bunch of them, but let me zero in on
one tribe in particular, for the Osage. Starting in 2014, the
Solicitor of the Department of Interior determined that if they
are going to get their own records to be able to do land
development, energy development on the Osage Nation area, then
they would have to go through a FOIA request to do that. As you
know, for energy development right now, with it $68, $70 a
barrel, there are a lot of folks that want to do production.
They are going to go to start doing production.
Now, if they have to do a FOIA request, if it would take
months to years just to get the records for that area, they are
not going to do it. They are going to move on. This has been a
challenge for a very long time of how long it takes to be able
to get to those records.
I can give you multiple other examples of things that just
take an extraordinarily long period of time to be able to get
access to information. How do we solve those things?
Mr. Newland. Thank you, Senator. I don't know the details
of that particular opinion.
Senator Lankford. Right.
Mr. Newland. But there is a reference in my introductory
comments, my parents faced this when I was a kid, and we have
lived it. That was something that really stuck with me, making
me want to work with members of the Committee on the HEARTH
Act.
When it comes to things like you have just referenced, it
is going to be important for us to be a collaborative trustee.
That is going to mean that tribes are in the driver's seat for
what they want to do within their communities, especially in
terms of economic development and energy development.
I don't want to be an impediment for tribes. Part of that
is going to involve communicating directly with leaders of
communities, kind of that on the ground, that slog that you
come in day after day and build those relationships. But I also
want to make sure that we are holding our staff within Indian
Affairs accountable for getting the job done.
Senator Lankford. Right. That is the challenge, that there
is communication. But when it comes time to actually make the
decision, the decision doesn't seem to made, or it takes so
long to get to a decision on something that would be pretty
straightforward that it makes that a real challenge to be able
to do energy production, whether it be renewable or traditional
energies. So it is an area that we do need to be able to fix.
Let me ask you about another legal opinion. You have done
so much work on Indian law, let me bring up an obvious one.
This is recent, it is the McGirt case. Everyone that I know
that is dealing with Indian law right now is all interested in
that case.
Tell me your opinion on that. How far does that expand?
What is the meaning of the McGirt case? How far does it extend
beyond Oklahoma and the five tribes directly affected?
Mr. Newland. Thank you, Senator. The Supreme Court's
decision in McGirt was an interpretation of a single treaty for
a single tribe on the matter of criminal prosecutions. But when
you confirm the existence of reservation boundaries that leads
to a host of other questions. I know that has been a particular
concern for tribes and communities in Oklahoma.
I think it is going to be important that we take those
questions as they come in terms of the consequences of the
McGirt decision. Because reservation boundary questions,
questions of jurisdiction, they are so fact-specific, even
within the same reservation they depend on the actors and the
land tenure involved.
So that is all to say I don't want to mis-speak by
pronouncing consequences for McGirt that don't exist yet or
that haven't come before us. I would rather take it as it
comes, work with the Solicitor the Department of the Interior,
affected tribes and communities and try to find answers on
questions as they come.
Senator Lankford. Right. It will be an area that we need to
be able to talk about. Because obviously, as you mentioned, the
McGirt case was a criminal case. But then there have been some
decisions by the Department of Interior dealing with Office of
Surface Mines and others to say, well, we have expanded beyond
criminal, that we are still trying to determine where that
decision got made, how that decision got made.
So it becomes important as the State and as our tribes
continue to be able to work out all the issues that will
obviously be Federalized as well as we actually talk through
final decisions on it and what that really looks like.
I will try to submit some things for the record. I need
some clarification on Indian child welfare. This is a
significant issue for many of our tribes and individuals in the
State.
Then I have been pretty outspoken on off-reservation gaming
to say that I completely understand all the issue with on-
reservation gaming. But off-reservation gaming has its own
unique challenges for the governments and the counties and the
cities that are now competing with a new government in the area
they weren't used to, or to be able to move to another
reservation and to be able to allow gaming in that area.
So I will submit those for the record for you as well.
Mr. Newland. Thank you, Senator.
The Chairman. Senator Lujan.
STATEMENT OF HON. BEN RAY LUJAN,
U.S. SENATOR FROM NEW MEXICO
Senator Lujan. Thank you, Chair Schatz, and thank you, Vice
Chair Murkowski as well, for holding this hearing on the
nomination of Bryan Newland to be the Assistant Secretary of
Indian Affairs. Congratulations to you, sir, and to your
family. It is great to see them here with you.
I want to begin by sharing the story of Helene Archeletta,
who is the daughter of Betty McArthur. Helene lives beyond
Counselor, New Mexico, on the Navajo Nation, miles and miles
from her school at Cuba High, where she has to travel more than
an hour in each direction to get to school. She and her mother
are members of the Navajo Nation, where they live. Her home
lacks vital access to utilities, including wired electricity
and running water. She relies on a solar panel, a small battery
and a generator for electricity to access broadband, which she
receives on her mobile phone. But she cannot use that to
complete her school work, because her family faces stringent
punitive data caps.
I am committed to getting reliable broadband and other
basic utilities to Helene and her family. However, tribal
governments themselves often lack the resources to construct
complete censuses of households without broadband, electricity,
and running water.
Growing up in the Bay Mills Indian Community, you know it
is vital that the Federal Government partner with tribal
nations to understand and provide basic utilities to Native
homes and households. You state that tribal governments, rather
than Federal agencies, are best suited to respond to the
challenges their communities face.
How can the Federal Government better support tribal
nations and households in understanding their basic utility
infrastructure needs, including broadband?
Mr. Newland. Thank you, Senator Lujan. First, I appreciate
you sharing that story. It is all too common across Indian
Country. Some of the things we need to do are make needed
investments in this area. President Biden has proposed
ambitious infrastructure investment across the Country,
including Indian Country. Just last week, Vice President
Harris, Secretary Haaland and Secretary Raimondo announced the
broadband initiative in Indian Country. So these are some of
the things that can help.
The other thing that we can do with Indian Country is to be
a collaborative trustee, by making sure that we are
facilitating development of that infrastructure and not being
an impediment, which means letting tribes and Indian landowners
make those decisions, and then getting it done as quickly as we
can so they can have access to drinking water, access to
broadband, and the things that they need.
Senator Lujan. Yes or no, will you commit to working with
me in your role as Assistant Secretary to support tribal
governments in creating complete censuses of households on
tribal lands and lack basic utility infrastructure? Today, at
IHS, for example, they do comprehensive reviews of lack of
water and wastewater. But they count on assessments nation to
nation. I don't believe that they are complete.
And in order to make progress to make these investments
necessary, I think we need accurate data, so that we can make
progress together. Is that something you can agree to work with
me on?
Mr. Newland. Yes, Senator, we can.
Senator Lujan. I appreciate that.
Now, another challenge that I have encountered, several
years ago FEMA issued a declaration after a flood that took out
a road and a bridge near Manuelito on the Navajo Nation. I
personally had to go down to moderate a meeting between FEMA,
the Navajo Nation, the Bureau of Indian Affairs, and the local
county government to try to figure out what was going on and
make sure we could expend those funds.
The BIA would not secure and grant the right-of-way
necessary to invest the funds that were given and recognized
with the natural disaster by FEMA. The bridge is still
unpassable. There was poor coordination between these Federal
agencies, and the BIA still struggles to realize its treaty and
trust responsibilities to tribes.
If confirmed, what are you going to do to modernize the BIA
and its partnerships so it is there to support tribes and
protect non-tribal members, especially in situations like the
example I provided?
Mr. Newland. Thank you, Senator, and I know full well how
frustrating that experience is. You have everything lined up as
a tribe, or as a community, you have done your due diligence
with Federal agencies, you are within the bounds of the laws
and the regulations, and for whatever reason, it doesn't
happen, or when Federal agencies, you are a spectator as a
tribe, and Federal agencies have a difficult time connecting.
That is something that, having that experience and frustration,
I want to make sure it doesn't happen.
One of the ways that we can do that is to make sure that
within the Bureau of Indian Affairs, in our approval processes,
that we are not having, even with the same policies and
regulations, that we don't have a patchwork of applications
depending on which community you are in. I know that is
something that people across Indian Country, it drives them
crazy. We are working right now at the Department of the
Interior to make sure we have a consistent application of
rights of way regulations, leasing regulations, so that there
is not this patchwork.
Then better coordination across the government. The
President has made it clear all of our work, including in
Indian Affairs, has to be an all-of-government approach. That
communication you are referencing will be done through the
White House Council and in other ways.
Senator Lujan. Chair Schatz, thank you so much. There are a
few other questions that I have, but will submit them into the
record. Especially as we work to secure an infrastructure
package, I think these are going to be areas that we have to
address in order to see that infrastructure deployed timely.
Thank you for this important hearing, Mr. Chairman.
The Chairman. Thank you, Senator Lujan.
Senator Hoeven.
STATEMENT OF HON. JOHN HOEVEN,
U.S. SENATOR FROM NORTH DAKOTA
Senator Hoeven. Thank you, Mr. Chairman.
Mr. Newland, we had a hearing in North Dakota last year
where we talked about law enforcement on the reservation. Three
of the major takeaways were the need to address the shortage of
BIA law enforcement officers, particularly in the Great Plains
region, missing and murdered indigenous women and children, and
substance abuse and mental health challenges.
So how do you envision working with tribes to address these
public safety challenges?
Mr. Newland. Again, I think being a collaborative trustee
is going to be important on that. But when it comes to missing
and murdered indigenous persons, and I know you have been an
advocate and a leader working on these issues, Senator, part of
the big challenge is raising the visibility of it within the
Federal Government and prioritizing it. Secretary Haaland has
made this a priority in unmistakably clear terms within the
Department.
So when a Cabinet Secretary says, we are going to focus on
missing and murdered indigenous people and violence in Indian
Country, we are expected to deliver. We are working to build
out the missing and murdered unit within the Bureau of Indian
Affairs, adding staff to that across the Country and to
coordinate on investigations for missing persons and murder
cases.
I appreciate your highlighting the challenges the Bureau
has faced through decades in trying to attract and retain law
enforcement staffing across the Country. It has been a
challenge, as you know.
One of the things that we are starting to do is to go and
identify some of the root causes. Is it pay? Is it the
challenges of the job? What is leading to the shortage of
officers in many of these communities, including in your State?
I think that is going to be the first step we have to take.
Senator Hoeven. Part of it is having training in the Great
Plains region, which is what was set up at the Spirit Lake
Reservation, basically. So we do have a center now there that
is helping with training. Because it is very hard to recruit
from the Great Plains region if they have to go all the way
down to Artesia to get training. It is hard to get people who
go to Artesia, be it the southwest or whatever, to come up
north and in the Great Plains.
So part of it is that training center. I would ask that you
would be willing to work with me to continue that so we can try
to fill these vacancies, which as I mentioned is most acute
across the Great Plains region.
Mr. Newland. Senator, I would be happy to work with you and
your team to address these issues.
Senator Hoeven. Senator Lankford asked about energy. I want
to follow up on that as well. The MSC Nation, the Mandan,
Hidatsa, and Arikira tribes in our State, Three Affiliated
Tribes, that reservation, if it were a State, it would be in
the top 10 oil and gas producing States in the Country. They
rely on infrastructure to get their oil to market, including
the Dakota Access Pipeline.
Do you think it is important in the discussion of the
Dakota Access Pipeline that they have a voice in terms of how
that is handled?
Mr. Newland. Thank you for your question, Senator. When
tribes are impacted by Federal decision-making, it is important
that we engage them early on in meaningful consultation. So
yes, they should have a voice on matters that directly impact
them.
Senator Hoeven. If confirmed, what is your main goal? What
do you think you can do to help tribes recover from the COVID
pandemic? What are some of the key things you think can and
should be done?
Mr. Newland. Thank you, Senator, for that question, and the
opportunity to talk about that. I think one of the big things
hat we can do coming out of the pandemic is to make sure that
tribes have an economic opportunity at home so they can lead
safe, fulfilling and healthy lives in their tribal communities.
Some of the things, as you know from different communities in
your State, some of the things that are lacking are jus the
basic infrastructure that many communities take for granted,
access to the modern economy through broadband connections.
So making these investments and also making sure that we
actually turn those investments into real assets in tribal
communities that can benefit people will help tribes weather
the storm, whether it is another pandemic, a natural disaster,
and make it so that people have an opportunity to lead those
safe, healthy, and fulfilling lives at home.
Senator Hoeven. Thank you. Welcome to your family, as well.
Thank you.
Mr. Newland. Thank you, Senator.
The Chairman. Senator Cantwell.
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman.
Again, welcome to the nominee. We appreciate your
willingness.
I want to bring up several issues. One, I am excited that
the Biden Administration is in support of a permanent Carcieri
fix. I think this is very important, to take land into trust
and to have recognized tribes be able to move forward on issues
here. It has been very beneficial in the State of Washington
over the past several decades when we did have that.
If confirmed, can you commit to supporting a clean Carcieri
fix and address the Department of Interior's policies for
taking land into trust?
Mr. Newland. Thank you, Senator. Absolutely.
Senator Cantwell. Great. Will you support another
initiatives that myself, Senator Murkowski and many others have
been supportive of, that is dealing with the backlog and cases
related to murdered and missing indigenous women? In Washington
State, Seattle specifically, we have the highest rate of
murdered and missing indigenous people with cases.
If confirmed, would you commit to supporting and providing
resources to helping us tackle this issue?
Mr. Newland. Thank you, Senator. I share Secretary
Haaland's commitment to taking meaningful action on addressing
the crisis of missing and murdered indigenous people across
Indian Country.
Senator Cantwell. Thank you.
An agency that affects a lot of our tribes is the Puget
Sound Agency Fee to Trust. The office has had lots of what we
would say serious failings in the processing of realty
transactions. Since 2019, the office has had a series of acting
superintendents who served only four months, the result being a
massive backlog of fee to trust applications. As a result, I
have heard stories about applications being in progress
literally for years.
So its failure to really live up to the trust
responsibility as the Department considers options, what can
you do? What is your plan to help us with this Puget Sound
Agency office so we have capacity for the future in dealing
with these issues in a timely fashion?
Mr. Newland. Thank you, Senator. I would be happy to take a
closer look at the Puget Sound Agency to better understand what
is going on there.
With respect to overall things that we can do, again, part
of it is going to involve myself, if confirmed, setting clear
expectations within the Bureau of Indian Affairs that this is a
priority, and that our field staff are expected to make
decisions in a timely manner. Nobody in Indian Country should
be in the position that my parents were in, being made to wait
years when they had everything they needed to get into a home
because the Bureau of Indian Affairs simply would not get to
their application.
So this is a priority for me, making sure that our agencies
across the Country are consistently applying the laws and the
regulations and the policies on land into trust and leasing. If
confirmed, I am going to communicate that to our team clearly.
Senator Cantwell. Thank you. Another top priority for me is
achieving 100 percent Federal medical assistance percentage
FMAP for Urban Indian organizations, treating them with the
same level of parity that you would treat a hospital. Seventy
percent of American Indians and Alaska Natives live in urban
settings, and they rely on Urban Indian health. So to me, they
should be treated just like any other IHS facility.
So we have been working on this in the past dealing with
COVID. In the Finance Committee, we are also looking at this.
If confirmed, will you commit to supporting efforts to provide
Urban Indian Health organizations 100 percent of their FMAP
funding?
Mr. Newland. Thank you, Senator. If confirmed, I would look
forward to working with folks over at Indian Health Service and
HHS through the White House Council on Native American Affairs
to make sure that we are playing a meaningful and positive role
in addressing these challenges across Indian Country, including
Urban Indian Health centers.
Senator Cantwell. Do you see the difference between them
and a hospital, an IHS hospital?
Mr. Newland. I am sorry, Senator?
Senator Cantwell. Do you see a difference between Seattle
Indian Health and, say, a hospital in some other State? To me,
they are both facilities run by Indian Health organizations and
should be funded with full FMAP funding.
Mr. Newland. I don't see the distinction based on who is
operating a health center if they are providing health
services.
Senator Cantwell. Okay, thank you. Thank you, Mr. Chairman.
The Chairman. Thank you.
Senator Daines.
STATEMENT OF HON. STEVE DAINES,
U.S. SENATOR FROM MONTANA
Senator Daines. Thank you, Mr. Chairman. I greatly
appreciate it. I will be your cleanup hitter here.
Mr. Newland, good to see you again. I really enjoyed our
conversation we had a few weeks ago where we discussed the
Montana Water Rights Protection Act. The Montana Water Rights
Protection Act was approved, Senator Tester and I worked hard
to get that passed last December and signed by the President.
So it has been ratified and confirmed. It directed the
Secretary to execute and implement the compact.
Despite this very clear directive from Congress, we have
yet to see the Secretary of Interior execute the compact.
Mr. Newland, can you specifically commit that you and the
Department of Interior will do whatever is necessary, including
working with the Department of Justice, to get the compact
signed in the next few weeks? It has been now almost six
months.
Mr. Newland. Thank you for that question, Senator, and also
for your bipartisan work to get that done and to carry the
burden here in Congress.
Yes, I can commit to working with you and others within the
Department and the Department of Justice to make sure that we
are getting that finalized and playing our role.
Senator Daines. Could we see if we can get this done in the
next few weeks?
Mr. Newland. Senator, I will work to get it done, play a
part in getting it done as quickly as we can.
Senator Daines. Okay. I know the tribe very much wants to
see this, it was years in negotiations and it settles a
century-old water dispute, as you know. Thank you for that
commitment.
CSKT, and also the Blackfeet Water Rights Settlements along
with several other authorized settlements across the west, they
still require significant funding to meet the Federal
obligations guaranteed by the terms of the settlements. The
longer it takes to fully fund these settlements, the greater
the cost to the American taxpayer, and the long and important
treaty and trust obligations continue to be, frankly, ignored.
As Congress works on the appropriations process, we look to
provide funding for these Indian water rights settlements.
The question, Mr. Newland, is how can you ensure that the
Department and the Administration's plan appropriately, from
budgeting discretionary funding, that they pan appropriately
for that within the DOI's budget to meet these very important
obligations?
Mr. Newland. I am sorry, Senator, I didn't understand.
Senator Daines. How can you ensure that the Department, the
Administration, they play appropriately for budgeting these
discretionary funding items within the Department's budget, the
DOI's budget, so we can meet these obligations?
Mr. Newland. Thank you, Senator. I know that the Assistant
Secretary for Indian Affairs works closely with the Secretary's
Indian Water Rights Office, which coordinates this work for the
Department of the Interior. We have made it a priority to make
sure that we are completing our obligations under enacted
Indian water rights settlements.
I believe there may be items in the President's budget
request related to these two settlements. We will be happy to
work with you and your team to make sure we are getting that
done.
Senator Daines. Thank you.
My last question, last Congress I raised an issue that the
Department of Interior was slow-rolling improvements for land
records required to implement the HEARTH Act, which poses
significant challenges for our tribes. In October of 2019, we
were told that external portals as a proxy for the trust asset
and accounting management system would only be, I was told,
weeks away. That was back in October of 2019. I realize that
was before your time.
It has been almost two years since we were promised we were
weeks away. These portals have never materialized.
Mr. Newland, could you commit to digitizing Fort Belknap's
and other tribes' land records and getting these portals up and
running in accordance with the funding that has been
appropriated?
Mr. Newland. Thank you, Senator, I appreciate your
highlighting that issue.
Full implementation of the HEARTH Act is something that, as
we spoke about, is near and dear to my heart. When it comes to
those portals, I believe we have made that accessible to some
of the compacted and contracted tribes. I believe we can work
with you and your team to provide a demonstration of that work.
When it comes to Fort Belknap, I would be happy to work
with the tribe there and make sure that they have clear and
accurate land records and the things that they need to manage
their lands effectively.
Senator Daines. Mr. Newland, thank you. You have my support
in your nomination. I look forward to working with you to help
out Indian Country, not only in Montana but around the Country.
Thank you.
Mr. Newland. Thank you, Senator.
The Chairman. On that positive note, if there are no more
questions, members may also submit follow-up written questions
for the record. I would ask members to do so promptly, as we
would like to move this confirmation as expeditiously as
possible.
I would also ask the nominee to respond fully and as
promptly as possible to any follow-up questions we may have,
and also to meet with any remaining Committee members who may
wish to do so.
The hearing record will be open for one week. Thank you,
Mr. Newland, and thank you to your family, you must be very
proud, for your time and your testimony and all of your
collective public service. It is much appreciated.
This hearing is adjourned.
[Whereupon, at 3:39 p.m., the hearing was adjourned.]
A P P E N D I X
Response to Written Questions Submitted by Hon. John Hoeven to
Hon. Bryan Todd Newland
Last Congress, when I served as Chairman of the Senate Committee on
Indian Affairs, I held a field hearing in North Dakota where we
discussed how tribes, Congress, and federal agencies can best work
together to improve public safety and promote the safety and security
of tribal members and their families.
A key take away from that hearing was the substantial Bureau of
Indian Affairs (BIA) law enforcement officer shortage present
throughout the Great Plains region, and the need to find solutions to
recruit and retain more BIA officers in the region.
As we discussed at the hearing on June 9, 2021, the BIA law
enforcement officer shortage must be addressed. One way I have been
working to address the shortage is by providing BIA law enforcement
training opportunities in the Great Plains so that individuals do not
have to travel far from their communities in order to complete their
training. Providing law enforcement training opportunities closer to
home will reduce one barrier for those who are interested in pursuing
BIA law enforcement officer roles in the Great Plains region.
That is why I have worked to secure $5 million over the last two
years for additional specialized law enforcement trainings. Last
Congress, I worked closely with the Department of the Interior and BIA
to utilize this funding to help establish new BIA law enforcement
training courses at Camp Grafton, North Dakota. I am hoping to work
with the administration to continue this important endeavor so that
more BIA law enforcement officers can receive training closer to their
home communities.
Question 1. If confirmed, will you work with me to find solutions
to the BIA law enforcement officer recruitment and retention challenges
we are seeing across the country, particularly in the Great Plains
region?
Answer. If confirmed, ensuring adequate BIA staffing would be a
high priority of mine and I would look forward to working with you to
find solutions to recruitment and retention challenges, including in
the Great Plains region. I recognize the funding Congress has provided
for these specialized trainings and as I stated at my hearing, I
appreciate the potential recruitment benefits to training closer to
home.
Question 2. If confirmed, will you support continuing the efforts
at Camp Grafton in North Dakota to provide specialized law enforcement
training to BIA officers, and work with me to build upon these efforts
so that prospective BIA law enforcement officers can receive training
closer to home and help fill existing gaps in the Great Plains region?
Answer. The Advanced Training Center (ATC) on Camp Grafton, North
Dakota opened in 2020 to deliver specialized advanced training in
criminal investigation, drug enforcement, and command school programs.
If confirmed, I commit to supporting the ATC and working with you to
build on its training efforts.
Last Congress, the U.S. House of Representatives passed the Lumbee
Tribe of North Carolina Recognition Act (H.R. 1964) by voice vote.
Companion legislation (S. 1368) was introduced in the Senate by
Senators Richard Burr and Thom Tillis and was referred to the Senate
Indian Affairs Committee, a committee I chaired for the last four years
and of which I remain a member.
Question 3. Do you support the goals of the Lumbee Tribe of North
Carolina Recognition Act?
Answer. I recognize that federal recognition is extremely important
to communities seeking to establish a government-to-government
relationship with the United States. I am familiar with the decades-
long pursuit of federal recognition by the Lumbee Tribe of North
Carolina. While the administration has yet to take a formal position on
this bill, I recognize that the President has stated his strong support
for the goals of this legislation in the past and, if confirmed, I look
forward to working with Congress on this very important issue to the
Lumbee people.
Question 4. Do you support extending federal recognition to the
Lumbee Tribe of North Carolina?
Answer. I recognize that federal recognition is extremely important
to communities seeking to establish a government-to-government
relationship with the United States. I am familiar with the decade's
long pursuit of federal recognition by the Lumbee Tribe of North
Carolina. If confirmed, I commit to carefully considering this issue in
the context of the Department's federal acknowledgment process, but it
would be inappropriate to prejudge the outcome of that process.
Additionally, I respect that Congress has the power to recognize
tribes, and if confirmed, I commit to working with Congress as part of
that process as well.
______
Response to Written Questions Submitted by Hon. Mike Rounds to
Hon. Bryan Todd Newland
Question 1. What is your opinion on individual tribal members
seeking to take their land out of trust? Or conversely, putting
individually owned fee land into trust?
Answer. There is established law, processes, and procedures that
allow for individual Indians to apply for a patent in fee, or for trust
status for their undivided fractional and full interests on-reservation
or contiguous fee land. If confirmed, I intend to follow the law and
implement the Department's processes and procedures for these
transactions.
Question 2. Programmatically, what role should states have in this
decisionmaking process?
Answer. Upon receipt of a completed application to have lands taken
into trust from individual Indians, the Secretary will notify the state
and local governments having regulatory jurisdiction over the land to
be acquired, unless the acquisition is mandated by legislation. The
notice will inform the state or local government that each will be
given 30 days in which to provide written comments as to the
acquisition's potential impacts on regulatory jurisdiction, real
property taxes and special assessments. If the state or local
government responds within a 30-day period, a copy of the comments will
be provided to the applicant, who will be given a reasonable time in
which to reply and/or request that the Secretary issue a decision.
Question 3. What is your opinion on individual tribal members being
able to secure private financing by pledging or mortgaging their
individual trust land or even obtaining a leasehold mortgage on tribal
trust land?
Answer. 52 IAM 4 establishes the Department's policy,
responsibilities, and procedures for the management and processing of
leasehold and land mortgages of trust property. If confirmed, I intend
to follow the law and implement the Department's processes and
procedures for these transactions. As I stated at my hearing, I believe
the Department should be a collaborative trustee when working with
Tribal Nations to advance their goals, including homeownership.
Question 4. How do you intend to improve the BIA mortgage approval
process? Specifically, is there a way to streamline the requests for
Title Status Reports, BIA mortgage approval and mortgage recordation on
the Title Status Reports?
Answer. In 2019, the BIA issued the Indian Affairs Mortgage
Handbook, 52 IAM 4-H. It provides standardized procedures and other
guidance to assist BIA staff in efficient and consistent processing of
leasehold mortgages and land mortgages of trust property from various
mortgage lenders and lending programs. If confirmed, I would work on
ensuring implementation of the Indian Affairs Manual and use of the
Mortgage Handbook that streamlines the mortgage approval process. I
would pay close attention to how this new guidance is working and
listen to Tribes and Tribal organizations, Congress, and other
stakeholders to determine what, if any, further improvements can be
made.
______
Response to Written Questions Submitted by Hon. Catherine Cortez Masto
to Hon. Bryan Todd Newland
Air Force Expansion
Nevada is home to a large Air Force training installation in
Southern Nevada and the Navy has a large training installation in
Northern Nevada. Both the Air Force and Navy have sought to
significantly expand the footprint of their installations, which would
have substantive impacts on lands managed by the Interior Department,
including the Desert National Wildlife Refuge, popular recreational
areas, federally-owned grazing lands, and important tribal and cultural
resources.
The Department of the Interior must be actively engaged in these
discussions and finding reasonable, workable, and collaborative
solutions with the military and local stakeholders, including impacted
tribal communities.
Question 1. Can I have your commitment that in your role as
Assistant Secretary for Indian Affairs you will work with all
stakeholders to find such solutions, and make sure that tribal input is
a part of these solutions?
Answer. When Tribes are impacted by federal decisionmaking, it is
important that we engage them early on in meaningful and robust
consultation. If confirmed, I commit to working alongside the other
Bureaus within the Department to listen to all stakeholders and to
engage in regular, meaningful and robust Tribal consultation to
identify collaborative solutions. I understand that the Department, is
engaging with the Department of Defense on these issues and I look
forward to being part of the effort to ensure tribal input is taking
seriously during the consideration of solutions.
MMIW Issues
I'm glad to see Secretary Haaland is moving forward to implement
the provisions of Savanna's Act and the Not Invisible Act, my bills
with Sen. Murkowski that became law last year.
Question 2. If you are confirmed, how will you approach
implementation of these laws?
Answer. I share Secretary Haaland's commitment to taking meaningful
action on addressing the crisis of missing and murdered Indigenous
people across Indian country. In April, Secretary Haaland announced the
formation of a new Missing & Murdered Unit (MMU) within the Bureau of
Indian Affairs Office of Justice Services to provide leadership and
direction for cross-departmental and interagency work involving missing
and murdered American Indians and Alaska Natives. The Department is
also designating new positions to support the investigative needs of
the MMU, including the collection and analysis of performance data and
coordination of services with the families of victims. These efforts
further implementation of Savanna's Act. Secretary Haaland also
announced that she is moving forward to implement the Not Invisible
Act, which calls for the Department to coordinate prevention efforts,
grants, and programs related to missing and murdered Indigenous
peoples. I look forward to working on these important issues as one of
the Department's top priorities if I am confirmed.
Law Enforcement
I hear from tribal law enforcement in Nevada and across the country
that they need more tools, resources, and support to help keep their
communities safe.
Question 3. If confirmed, what will be your priorities when it
comes to management of the BIA's Office of Justice Services?
Answer. Every community deserves to be safe. If confirmed, ensuring
adequate BIA staffing would be a high priority of mine and I would
commit to the efficient and effective recruitment of qualified people.
I would also prioritize listening to BIA's Office of Justice Services
to identify, procure and provide the tools and resources they need. The
President's FY22 budget request includes strong investments for Indian
Country, including justice services, and I look forward to engaging
with Congress to ensure those are well targeted and provide real
improvements for Tribal public safety.
______
Response to Written Questions Submitted by Hon. Ben Ray Lujan to
Hon. Bryan Todd Newland
Question 1. While we have some estimates at the federal level, it
is fair to say that we lack information on who does and does not have
access to clean drinking water and wastewater in Native communities.
Yet we know the need for water infrastructure on Tribal lands is
staggering, and it is paramount that we must fund the backlog of
projects that exist within the Indian Health Service. I was proud to
introduce the Indian Health Service Sanitation Facilities Construction
Enhancement Act to provide $3 billion to address the backlog of water
infrastructure projects documented by IHS. However, Congress must wait
each year to obtain a report on the cost of sanitation deficiencies of
Native American communities, and this can hamper legislative efforts to
fund the most recent project inventory. If confirmed, what will you do
to increase interim communication of the IHS Sanitation Deficiency
System inventory and data to Congress?
Answer. If confirmed, I would look forward to working with
leadership of Indian Health Service and the Department of Health and
Human Services on this important issue. While the position to which I
have been nominated does not have direct authority within HHS, the
White House Council on Native American Affairs is led by the Department
and through my participation in several subcommittees, I will make
every effort to ensure that Interior is playing a meaningful and
positive role in addressing these challenges across Indian country by
leading a whole of government approach to these issues.
Question 2. The IHS has a responsibility to report annually on
water infrastructure needs. However, IHS relies on Tribal governments
to obtain data. This data is often incomplete on the number and
locations of households that lack running water and wastewater. If
confirmed, what will you do to ensure a more complete and accurate
database is maintained at IHS?
Answer. If confirmed, I would look forward to working with
leadership of Indian Health Service and the Department of Health and
Human Services on this important issue. While the position to which I
have been nominated does not have direct authority within HHS, the
White House Council on Native American Affairs is led by the Department
and through my participation in several subcommittees, I will make
every effort to ensure that Interior is playing a meaningful and
positive role in addressing these challenges across Indian country by
leading a whole of government approach to these issues.
Question 3. Would you support a requirement that BIA report to
Congress every few years on utility infrastructure need inventories,
including water, electricity and broadband access, similar to the way
IHS reports water deficiency needs to Congress annually?
Answer. If confirmed I commit to ensuring that the BIA complies
with the law and works with Congress consistent with the Department's
processes for such information requests. Expanding Tribal broadband is
one of Secretary Haaland and my top priorities for Tribal economic
development and I am ready to work with Congress on all ways to
effectively advance that goal.
Question 4. Non-Tribal and Tribal members, whether they are living
on or off of Tribal lands, are being negatively impacted by high
transmission and distribution right of way easement costs. High
easement costs have a negative impact on Tribal members, especially in
my state of New Mexico, where utility rates to recover Indian right of
way costs mostly fall on Tribal members. Escalating easement costs
often are indirectly imposed onto customers residing within the Tribe's
exterior boundaries, who must pay higher utility costs charged by
companies that are trying to recoup the cost of easement agreements
with Tribes. How will you work with the BIA to consider the impact of
right of way costs, both direct and indirect, on both Tribal and non-
Tribal members?
Answer. The Department can be a collaborative trustee with Indian
country by making sure that we are facilitating development of
infrastructure, and not being an impediment, which means letting tribes
and Indian landowners make decisions and then getting things done as
efficiently as possible. If I am confirmed, I am committed to ensuring
certainty and transparency in these processes and this will be a
priority for me if confirmed. I am also committed to the President's
infrastructure plan which will improve transmission and clean energy
options for underserved communities, including Tribal Nations and rural
communities around them.
Question 5. The Navajo Nation's farm enterprise, the Navajo
Agricultural Products Industry (NAPI), is based in my state in
Farmington, New Mexico and utilizes 70,000+ acres of land for farming
with water from the Navajo Indian Irrigation Project. In March, our
Committee had a hearing to hear from Tribes about their water
infrastructure needs. The Navajo Nation and the Colorado River Indian
Tribes in the hearing testified on the challenges they face with their
irrigation projects. We heard about routine project maintenance that
often goes unfinished, irrigation projects that can't meet safety code
and about the need to complete the construction of these irrigation
projects to utilize undeveloped land for farming. I understand this is
a complex issue, but have you developed or are you currently working on
a plan to address the Operations and Maintenance (O&M) needs of the
country's Indian irrigation projects?
Answer. Irrigation projects like the ones mentioned in your
question can be critical to Tribal economic development. If confirmed,
I am committed to working on the O&M needs of the Indian irrigation
projects managed by the Department, in addition to addressing other
high priority infrastructure needs of Tribal communities.
Question 6. If not, will you commit to working with Tribes with
Irrigation projects to develop a plan that is responsive to the
challenges they face?
Answer. The President has committed to addressing priority
infrastructure needs of Tribal Nations. If confirmed, I will work with
Tribes with irrigation projects managed by the Department to develop a
plan responsive to the challenges they face.
Question 7. Would you be willing to enter into consultation with
the Navajo Nation and the Navajo Agricultural Products Industry to come
up with a plan and timeline to complete the construction of the Navajo
Indian Irrigation Project?
Answer. When Tribes are impacted by federal decision-making, it is
important that we engage them early on in regular, meaningful and
robust consultation. If confirmed, I look forward to being briefed on
this project, the role of the Department of the Interior, and working
to find solutions within the budget and authorities of the Department.
Question 8. Have you developed or are you currently working on a
plan to address the Operations and Maintenance (O&M) needs of the
Indian irrigation projects?
Answer. If confirmed, I am committed to working on the O&M needs of
the Indian irrigation projects managed by the Department, in addition
to addressing other high priority infrastructure needs of Tribal
communities. I look forward to being briefed on Indian irrigation
projects, the role of the Department of the Interior, and working to
find solutions within the budget and authorities of the Department.
Question 9. The GAO in 2014 estimated that the backlog of deferred
maintenance on Indian irrigation projects exceeded $500 million. Have
you developed or are you currently working on a plan to address the
deferred maintenance needs of the Indian irrigation projects?
Answer. As I noted in the previous response, if confirmed, I am
committed to working on the deferred maintenance needs of the Indian
irrigation projects managed by the Department. I look forward to being
briefed on Indian irrigation projects, the role of the Department of
the Interior, and working to find solutions within the budget and
authorities of the Department.
Question 10. If not, will you commit to working with Tribes with
Irrigation projects to develop a plan that is responsive to the
challenges they face?
Answer. If confirmed, I am committed to working with Tribes on the
deferred maintenance needs of the Indian irrigation projects managed by
the Department. I look forward to being briefed on Indian irrigation
projects, the role of the Department of the Interior, and working to
find solutions within the budget and authorities of the Department.
______
Response to Written Questions Submitted by Hon. James Lankford to
Hon. Bryan Todd Newland
Question 1. Do you believe that the McGirt decision, plus the
subsequent decisions that have expanded it to apply to the ``Five
Tribes'' in Oklahoma, changes the Department of Interior's authorities
and responsibilities within the state of Oklahoma and on those
reservations? If so, how?
Answer. As I stated in my confirmation hearing, it's important to
take those questions as they come in terms of the consequences of the
McGirt decision because questions of reservation boundaries and
jurisdiction are so fact-specific, even within the same reservation.
They depend on the actors, proposed course of action, and the land
tenure involved. I don't want to prejudge questions that may arise by
pronouncing consequences for McGirt that don't exist yet or that
haven't come before us. If confirmed, I will work with the Solicitor of
the Department of the Interior, affected Tribes, the state of Oklahoma,
and non-Tribal communities and try to find answers on questions as they
come. I understand the importance of this decision for Oklahoma,
Tribes, and non-Tribal communities and I believe that communication and
cooperation will be the best ways to move forward.
Question 2. In areas where the Department determines that the State
of Oklahoma has lost or has had altered its authority on the
reservation, how will you work with the tribes and state to ensure a
seamless transfer of authority?
Answer. I understand that this is an important issue for you and
the State of Oklahoma. If confirmed, I would engage in meaningful and
robust consultation with Tribes and will support efforts to work with
all parties on how to move forward. I understand the importance of this
decision for Oklahoma, Tribes, and non-Tribal communities and I believe
that communication and cooperation will be the best ways to move
forward.
Question 3. Do you believe that that the McGirt decision as
announced by the Supreme Court applies to criminal and civil
jurisdiction on the reservation? If so, do you feel like the Department
of Interior has the authority to make the determination that it applies
to both or is an additional court determination needed?
Answer. The Supreme Court's decision in McGirt was an
interpretation of a single treaty for a single tribe on the matter of
criminal prosecutions, but when you confirm the existence of
reservation boundaries, that leads to a host of other questions and I
know that's been a particular topic of interest for tribes, the State,
and communities in Oklahoma. It is my understanding that the
Solicitor's Office of the Department believes that the Court's ruling
also affects civil jurisdiction in some circumstance, but the
Department must respond to questions arising from the McGirt decision
as they arise. I would consult with the Department's Solicitor's Office
on matters such as this.
Question 4. Is the Department willing to cooperate with the tribes
to assist in building necessary infrastructure as they exercise the
authorities and rights that come with having a reservation? Including
identifying available federal resources that can be utilized by the
tribes during this transition.
Answer. Yes. If confirmed, I will work with Tribes to ensure they
are aware of federal resources and opportunities related to any
expanded jurisdiction they might have.
Question 5. Citing the McGirt v. Oklahoma decision, DOI's Office of
Surface Mining Reclamation and Enforcement (OSMRE) recently notified
the state of Oklahoma that it no longer has regulatory jurisdiction
over mines on Indian Lands in the state. OSMRE cites the definition of
``Indian Lands'' under the Surface Mining Control and Reclamation Act
of 1977. However, it's my understanding McGirt only applied to criminal
jurisdiction. Will you commit to working with your colleagues to give
my office the pre-decisional documentation on how the solicitor's
office arrived at the decision? Will you also commit to providing the
pre-decisional documentation for future decisions regarding application
of civil authority from McGirt?
Answer. If confirmed, I commit to consulting with the Department's
Solicitor's Office to determine what information is appropriate to
provide and make good faith efforts to provide your office with
information to help understand the Department's conclusion.
Question 6. Do you support legislation in response to the 2009
Supreme Court decision Carcieri v. Salazar? If so, what would be your
policy preference for that legislation?
Answer. President Biden has made it clear that he supports a clean
Carcieri fix to ensure that the Secretary may place land into trust for
all tribes, and I support it, too. If confirmed, I will work with
Secretary Haaland, the Department, and Congress on these issues related
to the Carcieri decision.
Question 7. Do you intend or expect to make any changes to the
Department's rules concerning the Indian Child Welfare Act? If so, what
changes would you make?
Answer. President Biden supports the Indian Child Welfare Act. The
recent Fifth Circuit decision is a complicated one that found parts of
the law unconstitutional but generally upheld the law. That decision is
being reviewed by the Office of the Solicitor General, Department of
Justice, and our Solicitor's Office. Once that review is finished, we
will determine what steps may need to be taken. If confirmed, I will
work to support the best interests of children and Tribes, consistent
with the law.
Question 8. If confirmed, will you commit to publishing a map
showing generally (and without divulging confidential information or
specific addresses) where and how much land is held in trust throughout
the country?
Answer. If confirmed, I look forward to working with appropriate
personnel in the Department to evaluate the appropriate options for
this information and make a good faith effort to consider this
question.
Question 9. Do you support off-reservation tribal gaming?
Answer. I support Tribal economic development, including gaming, as
may be provided under the law. If confirmed, I look forward to working
with the Department through its established legal process while
reviewing off-reservation gaming requests.
Question 10. Should land-into-trust applications be approved
automatically?
Answer. Placing land into trust for the benefit of Tribes and
individual Indians is an important responsibility. If confirmed, I look
forward to working with the Bureau of Indian Affairs and the
Solicitor's Office on fulfilling this responsibility, according to the
law.
Response to Written Questions Submitted by Hon. Richard Blumenthal to
Hon. Bryan Todd Newland
In 2015, the U.S. Department of the Interior finalized revisions to
the criteria for federal recognition of Indian Tribes which prohibited
previously denied Tribes from re-petitioning under the new criteria.
The final regulations were the result of significant input from the
Connecticut delegation and Connecticut state and local officials. In
2020, two US District Court decisions found the re-petitioning ban to
be unconstitutional. The Department of the Interior has not addressed
the impact of these decisions. How the Department resolves this issue
is of significant concern to Connecticut residents who may be
substantially impacted by any change in the regulations.
Question 1. Will you consult with the Connecticut Congressional
delegation, state and local officials about any change in the rule
banning Tribes that have been denied federal recognition from re-
petitioning under the new criteria to respond to the U.S. District
Courts' decisions striking down such ban and agree to address our
concerns?
Answer. I know this is an issue that is important to you. If
confirmed, I will engage with states and local governments, tribes,
Congress, and other interested stakeholders before promulgating any
change.
______
Response to Written Questions Submitted by Hon. Lisa Murkowski to
Hon. Bryan Todd Newland
Alaska's Unique Legal Structure
Question 1. What are your views on the Government's position, as
briefed and argued by the Solicitor General of the United States, in
the case Yellen v. Confederated Tribes of the Chehalis Reservation,
Nos. 20-543 and 20-544, that the Indian Self Determination and
Education Assistance Act's (ISDEAA) recognition clause (``recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians'') within the
definition of ``Indian tribe'' can be reasonably read to refer not only
to sovereign Indian Nations, but also, given the explicit reference to
Alaska Native Corporations (ANCs) in that definition, to the distinct
statutory status that Congress has conferred on ANCs. (See Gov't Br.
47-48; Gov't Reply Br. 19-20.)? Please explain.
Answer. As I am currently at the Department, and the Department
does not comment on active litigation, I am unable to provide a
personal comment on the Government's position. I understand the
Government's position and respect the legal process that is going
forward.
Question 2. Will you support and defend the Government's position,
in the case Yellen v. Confederated Tribes of the Chehalis Reservation,
Nos. 20-543 and 20-544, if confirmed?
Answer. As I am currently at the Department, and the Department
does not comment on active litigation, I am unable to provide comment.
I understand the Government's position and respect the legal process
that is going forward. That litigation is being led by the Department
of Justice, and when there is a decision, I will respect and follow it.
Question 3. At the hearing on your nomination you told me that you
were working to educate yourself on the unique structure of Indian Law
in Alaska and the ways other laws interact with specific Alaska
statutes like Alaska Native Claims Settlement Act (ANCSA) and Alaska
National Interest Lands Conservation Act (ANILCA). What have you
learned about how ISDEAA and ANCSA interact? Please explain.
Answer. The depth and breadth of Indian Law in Alaska, much like
the State itself, is vast. While I have had some introduction to it, if
I am confirmed, I commit to my ongoing education on these issues
throughout my tenure. I understand that ANCSA was passed in 1971 to
settle Native land claims in Alaska and led to the establishment of
Alaska Native Corporations (ANCs). Congress passed ISDEAA subsequently
in 1975, in order to empower Tribes to operate their own services
provided for by the federal trust responsibility including housing,
education, transportation, public safety, and healthcare, and included
ANCs as part of ISDEAA. In Alaska, some ANCs provide essential services
for Alaska Natives using ISDEAA authorities.
Question 4. Are you now aware of how important it is that ANCs are
included in the ISDEAA definition of ``Indian tribe,'' which is
referenced in hundreds of other statutes, with the specific intent of
explicitly including ANCs?
Answer. I understand the importance of ANCs in ISDEAA. I know that
Alaska is a very unique situation for Native People, with the Alaska
Native Corporation structure put in place by ANCSA, when compared to
the lower 48 states. I also understand that ANCs provide educational
services, health services, and social services to Alaska Native people.
Additionally, I know that ANCs are not like other corporations. They
are distinguished by their manner of creation, ownership, governance,
roles, connection to place, and values. If confirmed, I commit to
working to ensure that the Alaska Native people get the services that
they need, whether through Alaska Native Corporations, tribal
governments, or any other organizations.
Question 5. Are you now aware of how important it is that ANCs
serve as the recognized governing body of an ``Indian tribe'' under
ISDEAA and Department of the Interior guidelines, even if only in
limited circumstances?
Answer. I am aware of the importance of ANCs to delivering services
such as those provided for under ISDEAA. As I said in the response to
the previous question, I know that Alaska is a very unique situation
for Alaska Natives and that the Alaska Native Corporations play a very
important role in their lives and for their health, safety, and well-
being. If confirmed, I commit to learning more about issues such as
this. I will always work to ensure that Alaska Native people get the
services that they need, whether through the Alaska Native Corporations
or any other organizations.
Question 6. The Department of the Interior offers ANCSA and ANILCA
trainings for its employees who will have to navigate the application
of these laws in their work. Will you commit to taking yourself, and
mandating for others in your office, ANCSA and ANILCA trainings, if you
are confirmed?
Answer. Yes, if confirmed, I commit to taking the Department's
ANCSA and ANILCA trainings and ensure those who have to work with these
laws view it as required training.
Question 7. At the hearing on your nomination, you told me that you
share my assessment that there is a lot of education that needs to be
done on the unique structure of Indian law in Alaska. What actions will
you take as Assistant Secretary to ensure that education takes place
across the government, and Indian country, if you are confirmed?
Answer. As I noted in a previous response, I would learn more about
these issues myself. In addition to the benefit of your experience, I
would commit to taking the Department's ANCSA and ANILCA trainings and
I would ensure those who have to work with these laws in my office view
it as required training.
Question 8. In an article from April 2020, titled, ``Indian Tribes
object to allowing federal bailout money to go to Alaskan Native
Corporations.'' You are quoted as saying, COVID-19 funds should not go
to ``stabilize or improve the returns for shareholders in for profit
corporations at the expense of tribal governments that desperately need
money to protect their citizens..'' You further stated, giving Alaskan
Native Corporations a share of the $8 billion ``would not be equitable
it would be galling.'' (Dermotcole.com.) Is this still your opinion?
Why or why not?
Answer. When the pandemic struck that became an important life or
death focus of mine for my community as the Tribal President. I
recognize that the role of a Tribal President is much different than
the role of the Assistant Secretary-Indian Affairs. I know that Alaska
Native Corporations are not like other corporations, and that they
provide important services to Alaska Native people. If I am confirmed,
I will be serving all federally recognized Indian Tribes, Alaska Native
villages, ANCs, and answerable to individual Indians and Alaska
Natives.
Question 9. In an opinion piece you authored from July 2020, titled
``Congress should make sure pandemic relief legislation works for
Indian Country,'' that was published on Indianz.com, you state that new
legislation should ``clarify'' that the Coronavirus Relief Fund is
intended for use by the 574 recognized tribal governments, rather than
for profit corporations referring to ANCs. Is this still your opinion?
Why or why not?
Answer. As I noted in the response to the previous question, in
2017 my Tribe elected me to serve as Tribal President and we set about
to make Bay Mills a better place to live. When the pandemic struck that
became an important life or death focus of mine for my community as the
Tribal President. I recognize that the role of a Tribal President is
much different than the role of the Assistant Secretary-Indian Affairs.
If I am confirmed, I will be serving all federally recognized Indian
Tribes, Alaska Native villages, ANCs, and answerable to individual
Indians and Alaska Natives.
As discussed in previous questions, this topic is a matter of
litigation, and as a current official at the Department I am not able
to comment on it directly. As a member of the Department, I respect the
administration's position and I am not advocating for any legislation
outside of President Biden's legislative priorities.
Question 10. How will you lower the temperature related to tribes
and ANCs, given that you, yourself, have made comments critical of ANCs
in the context of the CARES Act Tribal set-aside implementation, if
confirmed?
Answer. Communication and transparency are important functions for
building trust, and I would ensure that I am carrying out my duties in
a transparent and open way, if I am confirmed. I will ensure that
federally recognized Indian Tribes, ANCs, Tribal consortia, and
individual Indians know that I am working hard to serve them all.
During disagreements, rhetoric can become overheated but I will work
every day to communicate with civility and respect and encourage others
to do the same.
Question 11. How would you set the tone as an ambassador and
advocate for all of Indian country and Native peoples, if confirmed?
Answer. If I am confirmed as Assistant Secretary--Indian Affairs, I
will be serving all federally recognized Indian Tribes, ANCs,
individual Indians. I would look forward to engaging in meaningful
tribal and ANC consultation, so all have a voice on matters that
directly impact them. I would endeavor to be a clear, strong leader on
Tribal priorities broadly within the government and with external
stakeholders and strive to communicate with the civility and respect
that my parents taught me.
Consultation
Question 12. What are your views on consultation with Alaska Native
Corporations? Please explain.
Answer. When Tribes, Native organizations, and ANCs, are impacted
by federal decisionmaking, it is important that we engage them early on
in meaningful consultation. So yes, they should have a voice on matters
that directly impact them and their lands. The Department's Manual
requires this consultation with ANCs in these situations and I believe
that is an important obligation.
Question 13. Do I have your commitment, if confirmed, to conduct
meaningful and consistent consultation with the Tribes and Native
organizations in Alaska including ANCs, and to involve them
appropriately in decisionmaking relevant to them?
Answer. Yes. When Tribes and Native organizations, including ANCs,
are impacted by federal decisionmaking, it is important that we engage
them early on in meaningful and robust consultation. So yes, they
should have a voice on matters that directly impact them.
Question 14. If confirmed, how will you encourage collaboration
between the Department, your office and other agencies across
government, including the Department of Justice, in particular, to
address the problems and concerns of Native people?
Answer. Yes. The President has made it clear all of our work,
including in Indian Affairs, has to be an all-of government approach. I
look forward to working through the White House Council on Native
American Affairs to make sure that we are playing a meaningful and
positive role in addressing these challenges across Indian country.
Question 15. What role do you have in the development of the
Interior Department's plan of actions to implement the President's
directives on consultation with Indian Tribes? Have those plans been
submitted and approved?
Answer. Under our Department Manual (DM), as Principal Deputy
Assistant Secretary--Indian Affairs (PDAS-IA), I was appointed as a
Tribal Governance Officer (TGO) to oversee consultation efforts. The DM
incorporates statutory language that requires Interior to consult with
Alaska Native Claims Settlement Act (ANCSA) corporations in the same
manner as Tribes. In late April, Interior submitted its detailed plan
for improving consultation to OMB, as required by the January 26, 2021
Presidential Memorandum.
Question 16. Do I have your commitment to meet and work with the
people of King Cove, Alaska to understand their decades long quest for
a life-saving road, if confirmed?
Answer. Yes, I will meet with the people of King Cove and work to
understand their views. All our people should have access to adequate
medical services and that this can be a very serious matter for those
living in remote areas and under difficult conditions. I am hopeful
that a solution that works for all can be achieved, and I am committed
to working toward making that happen, if confirmed.
Land into Trust in Alaska
Question 17. What tribal consultation, including with Alaska Native
Corporations, has occurred in Alaska since M-37064 was rescinded?
Answer. The Department has conducted 27 tribal consultations on
various issues since M-37064 was rescinded on January 19, 2021.
Question 18. What is your involvement specifically in these
consultations?
Answer. I participate as needed in many consultations and review
all input collected from consultations under the purview of Indian
Affairs.
Question 19. How will the Interior Department ensure the protection
of regional native corporations' valid, existing rights to develop that
subsurface estate if there is an effort to take the surface lands into
trust? How will these subsurface rights be administered?
Answer. If confirmed I will follow the law. The Department must
respect existing legal rights in any administrative process that it
conducts. If confirmed, I would be happy to work with the Committee to
provide further information on the question of administration.
Question 20. What are your views on the development and
implementation of Alaska-specific land-into-trust regulations, rather
than simply using the Part 151 regulations for off-reservation
requests?
Answer. The Bureau of Indian Affairs will schedule virtual
consultation sessions with Tribal Nations and ANCs to engage in
regular, meaningful and robust consultation on the Secretary's land
into trust authority in Alaska. This consultation will inform the
Department's actions regarding this issue, and I do not want to
prejudge this process.
Question 21. Please describe what subsistence means to you. What
role do you expect to have in subsistence management in Alaska, if you
are confirmed?
Answer. Subsistence rights are important to me as someone who grew
up in a Native community and understands what they mean for feeding
people in Indian Country. Alaska presents unique issues around the
Alaska National Interest Lands Conservation Act (ANILCA)
``subsistence'' priority for rural Alaska residents upon which many
Native communities depend. The Department looks forward to working with
the Alaska Native community respecting the protections for hunting,
fishing, and gathering rights.
Public Safety and Tribal Justice
Question 22. How will you use your experience as Chief Judge to
further improve the tribal court systems in Alaska and across all of
Indian Country, if confirmed?
Answer. As I stated in my testimony to the Committee, my experience
as a Tribal judge instilled in me the importance of applying the law in
a fair and impartial manner regardless of the parties. I also
understood that many of the cases that came before the court would
benefit from mental health, substance abuse, and other counseling
services that would improve lives and families, and that's why I worked
to help secure federal resources to create the Bay Mills Healing to
Wellness Court. I know that Tribal courts benefit from support for
their resources and technical expertise, especially in rural and
isolated places in Indian Country and Alaska, and if confirmed I would
work with Tribes to identify and implement support for their self-
governance and sovereignty when it comes to Tribal court systems.
Question 23. How do we navigate the roadblocks, including those
that may be internal to the BIA, to support public safety and justice
in Alaska, especially when we know self-determination is so critical to
adequate responses at the tribal level?
Answer. If confirmed, I will prioritize supporting public safety
and justice efforts throughout the United States, including Alaska. As
I stated at my confirmation hearing, I believe the Department should be
a collaborative trustee, not an impediment, so I would work to address
roadblocks to support for public safety where they exist.
Question 24. Do I have your commitment to work with us here at the
Indian Affairs Committee to develop a tribal title to improve and
expand on the authorities granted in the existing VAWA to address
violence against native women and children, if confirmed?
Answer. Yes. President Biden and Secretary Haaland are committed to
renewing and strengthening VAWA, including for Native women and
children and I look forward to playing an active role in that
legislative process with other members of the Administration when it
comes to Tribal provisions with Congress, if confirmed.
Question 25. The Office of Justice Service has been under the
Bureau of Indian Affairs Directorate for many years and has lost the
visibility to be effective due to bureaucracy. Are you willing to
consider moving the Office of Justice Service under your office, Office
of the Assistant Secretary for Indian Affairs, and away from BIA, if
confirmed?
Answer. If confirmed, I will work to ensure that the Indian Affairs
bureaus are organized in a manner to ensure they are able to meet the
needs of Indian country. In addition, I would commit to meaningful and
robust Tribal consultation prior to any efforts to significantly
reorganize the structure of the Indian Affairs bureaus.
Question 26. Staffing BIA police and detention officers has to be a
top priority for your division. Do you support increasing law
enforcement personnel to the field? If so, what regions would you staff
up first, if confirmed?
Answer. If confirmed, ensuring adequate BIA staffing would be a
high priority of mine and I would commit to the efficient and effective
recruitment of qualified people. I would also prioritize listening to
BIA's Office of Justice Services to identify, procure and provide the
tool and resources they need where they need them. I want to work to
understand the root cause of law enforcement staffing shortages in
different regions and work to systematically address them to meet the
public safety needs of tribal communities.
Question 27. Will you commit to keeping the BIA drug enforcement
officer in Alaska, if confirmed?
Answer. There are no plans to eliminate that position, and I will
work to ensure that we have law enforcement resources where they are
needed, including Alaska.
Question 28. A recent news article, ``Indian Affairs Promised to
Reform Tribal Jails. We found Death, Neglect and Disrepair'' from
NPR.org found a pattern of neglect, disrepair and mismanagement at
jails overseen by the Bureau of Indian Affairs. What steps will you
immediately implement to ensure that future deaths and disrepair will
not be tolerated? Please explain.
Answer. I am aware of and upset about the disturbing issues that
were recounted in this article. I am committed to tackling the long-
standing problems of staffing and facilities and operations that have
contributed to these tragedies. Secretary Haaland believes these deaths
are unacceptable. So do I. If confirmed, I look forward to working with
this Committee to do all we can to improve this situation.
Question 29. What is your position on using BIA funding for tribal
courts in P.L. 280 states?
Answer. With regard to the President's rescue plan that Congress
enacted, the Department worked with leaders across Alaska Native
communities to make sure that law enforcement funding that came through
the Department acknowledged the unique challenges that tribes in Public
Law 280 states face. We made sure that they were not excluded from
public safety funding under the rescue plan. This is an important
issue, and if confirmed, I look forward to working on it.
Fee to Trust Indian Country
Question 30. How does the Supreme Court decision in Carcieri affect
tribal and non-tribal communities?
Answer. The Court's opinion in Carcieri created confusion about the
application of the Indian Reorganization Act to a number of tribes and
has made the land-into-trust process more time consuming and expensive.
Question 31. Describe your previous experience involving work
related to the Carcieri decision.
Answer. I was not involved in the Carcieri litigation but have
helped implement the Department's land-into-trust policies during my
previous work at the Department. In private law practice, I provided
legal counsel regarding the applicability of the Carcieri decision to
tribal clients.
Question 32. On your committee questionnaire, you said a ``Carcieri
fix'' should be a priority for legislative action. If confirmed, what
steps will you take to help advance such a fix in Congress? If a
legislative fix is not possible, do you support Tribes to individually
seek land into trust through Congressional action instead of
administratively?
Answer. President Biden has called for clean Carcieri fix
legislation and I believe that is one of the top priorities for
legislation relating to the position for which I have been nominated. I
would work with Congress to support its legislative efforts, including
this Committee on a bipartisan basis, such as providing testimony,
technical assistance, and other support as necessary while respecting
that Congress is the legislative branch of our government. While a
legislative fix is still in the legislative process, I would also work
with Congress on any individual land into trust legislative issues as
they may arise.
Question 33. On land into trust applications, are you considering
changing how input received from local and state stakeholders is
factored into or considered in the decisionmaking on whether such lands
should be taken into trust?
Answer. Upon receipt of a completed application to have lands taken
into trust, the Secretary will notify the state and local governments
having regulatory jurisdiction over the land to be acquired, unless the
acquisition is mandated by legislation. The notice will inform the
state or local government that each will be given 30 days in which to
provide written comments as to the acquisition's potential impacts on
regulatory jurisdiction, real property taxes and special assessments.
If the state or local government responds within a 30-day period, a
copy of the comments will be provided to the applicant, who will be
given a reasonable time in which to reply and/or request that the
Secretary issue a decision.
Question 34. Are you considering reforming or streamlining the land
into trust applications for on-reservation and off-reservation
acquisitions?
Answer. I look forward to hearing from Tribes about their
experience with the land into trust process. In addition, Solicitor's
Opinion M-37069 recommends the Bureau of Indian Affairs schedule
consultation sessions with Tribal Nations to engage in regular,
meaningful and robust consultation on the Secretary's land into trust
authority in Alaska.
Question 35. How can the BIA work better with Tribes on their land
into trust applications to avoid long backlogs? Are you considering
sunsets for land into trust applications that are pending for too long?
Answer. There is established law, processes, and procedures to
evaluate land into trust applications. The Department's Fee-to-Trust
Handbook has identified timeframes for processing applications. If
confirmed, I intend to follow the law and efficiently and effectively
implement the Department's processes and procedures for these
transactions.
Question 36. How can the Interior Department be more supportive of
Tribes when undertaking the costly process of applying to take land
into trust?
Answer. The Department provides technical assistance as requested
during the evaluation period of a fee-to-trust application. I believe
this is an important function for requesting Tribes and I would
continue to do that.
Question 37. Under Carcieri, what are your views on whether and how
an Indian tribe can show it was ``under federal jurisdiction'' in 1934,
if it was not ``federally recognized'' before 1934?
Answer. Solicitor's Opinion M-37070, Withdrawal of Certain
Solicitor M-Opinions, Reinstatement of Sol. Op. M-37029 The Meaning of
`Under Federal Jurisdiction' for Purposes of the Indian Reorganization
Act, and Announcement Regarding Consultation on ``Under Federal
Jurisdiction'' Determinations, is binding on all Departmental
employees. Sol. Op. M-37070 reinstates Sol. Op. M-37029, The Meaning of
`Under Federal Jurisdiction' for Purposes of the Indian Reorganization
Act, which established criteria for determining when a tribe could be
considered ``under federal jurisdiction'' under Section 19 of the
Indian Reorganization Act of 1934.
Question 38. In your opinion, do the federally recognized Alaskan
tribes fall ``under the federal jurisdiction'' criteria in the 1934
Indian Reorganization Act and therefore are not subject to further
Carcieri analysis?
Answer. The Department relies on the Office of the Solicitor to
prepare an analysis of whether the Tribal applicant was under Federal
jurisdiction in 1934 for inclusion in the decision, if applicable. An
opinion whether a tribal applicant was under Federal jurisdiction in
1934 (a ``Carcieri opinion'') is only required for applications
submitted pursuant to 25 U.S.C. 5108 and that rely on the first
definition of ``Indian.'' Where the Solicitor's Office has already
prepared an analysis of whether the Tribal applicant was under Federal
jurisdiction in 1934, BIA may rely on that analysis.
Question 39. In your own analysis, how are lands to be taken into
trust for an Indian Tribe in Alaska different from other Indian Tribes
lands taken into trust in the lower 48 states? And, what federal laws
may be applied in these circumstances?
Answer. Solicitor's Opinion M-37069 recommends the Bureau of Indian
Affairs schedule virtual consultation sessions with Tribal Nations to
engage in regular, meaningful and robust consultation on the
Secretary's land into trust authority in Alaska. At the present time,
there is only one set of regulations found at 25 C.F.R. 151 that
pertain to discretionary land-into-trust acquisitions.
30x30 America the Beautiful Plan
Question 40. What is the vision for tribal land conservation under
this new 30x30 America the Beautiful Plan?
Answer. The vision for Tribal conservation in the America the
Beautiful Plan is articulated in the preliminary report as one of the
eight principles for a locally led effort to conserve and restore
America the Beautiful. That report states:
Tribal Nations have sovereign authority over their lands and
waters, possess long-standing treaty hunting and fishing rights on and
off reservations, and have many cultural, natural, and sacred sites on
national public lands and the ocean. Efforts to conserve and restore
America's lands and waters must involve regular, meaningful, and robust
consultation with Tribal Nations. These efforts must respect and honor
Tribal sovereignty, treaty and subsistence rights, and freedom of
religious practices. Federal agencies should seek to support and help
advance the priorities of American Indian, Alaska Native, Native
Hawaiian, and Indigenous leaders, including those related to
sustainable land management and the conservation of natural, cultural,
and historical resources.
Question 41. Is there a timeframe and how much land do you hope to
conserve for Indian country under the 30x30 America the Beautiful Plan?
Answer. The administration released its America the Beautiful
report which includes its specific recommendations for achieving the 30
percent conservation goal by 2030. I look forward to the America the
Beautiful initiative providing opportunities for Tribes to pursue
conservation on a voluntary basis, consistent with the principles of
Tribal sovereignty over their trust land. The report did not include
any specific targets for conservation on Tribal land.
Question 42. How do you view ``land into trust'' coming into play,
if at all, in this plan?
Answer. I believe that Tribal Nations and Native communities do
significant amounts of conservation work, including drawing from
traditional Tribal knowledge about managing resources. I look forward
to the America the Beautiful initiative providing opportunities for
Tribes to pursue conservation on a voluntary basis, consistent with the
principles of Tribal sovereignty over their trust land. Any
conservation actions taken on land taken into trust would be a decision
by a Tribe consistent with the principles of Tribal sovereignty.
Energy Development
Question 43. What role do you see your office and the Department of
Interior, more generally, playing in facilitating energy development in
Indian Country and in Alaska?
Answer. The mission of the Division of Energy and Mineral
Development (DEMD) is to provide the best possible technical and
economic advice and services in assisting Indian mineral owners to
achieve economic self-sufficiency by creating sustainable economies
through the environmentally sound development of their energy and
mineral resources. DEMD works with Tribes on all aspects of energy
development to grow their economies. DEMD has an expert team of
geologists, engineers, marketing experts, and other key personnel, our
staff facilitates all aspects of energy development for Tribes. DEMD is
committed to finding the best companies that fit with Tribal goals.
Question 44. Since the passage of the Indian Energy and Self
Determination Act of 2005 and 2017, there has been zero tribes that
have completed a Tribal Energy Resource Agreements (TERAs) will you
commit to ensuring that these agreements can be approved, if confirmed?
Answer. If confirmed I commit to learning more about why Tribes
have not entered into TERAs with the Department and working with Tribes
further on this topic.
Question 45. The Office of Indian Economic Development oversees the
Division of Energy and Mineral Development for tribes. Do you commit to
staffing this office appropriately to meet the demand of tribes?
Answer. If confirmed I would seek to ensure appropriate staffing
for this office, working within our budget limits and balancing
staffing needs to meet the needs of Tribal programs throughout the
areas under my authority.
Question 46. Indian Energy is a vital for economic development for
Tribes. You testified that you support all forms of energy development.
Specifically, do you commit to supporting the following forms of
energy? Please answer Yes or No for each of the following: Oil and Gas,
Renewables, Electricity Production, Coal, Minerals and nuclear power.
Answer. As I stated at my hearing, I support Tribal sovereignty and
self-determination when it comes to developing their natural resources,
and that extends to all types of energy resources including the ones
listed in your question.
I am also committed to supporting President Biden's administration
whole of government approach to combatting the threat of climate change
and providing for an equitable clean energy future for all Native
communities. It is my understanding that the Biden administration's
approach includes a wide variety of options and solutions, including
Carbon Capture, Utilization and Storage and nuclear energy, along with
renewable energy and other technologies.
Previous Employment
Question 47. Can you explain your relationship with the Fletcher
Law? Are you still being compensated from previous legal work?
Answer. I have severed my relationship with Fletcher Law, PLLC and
am not still being compensated from previous legal work.
Question 48. Do you commit to recuse yourself from matters
involving clients you represented while employed at Fletcher Law, if
confirmed?
Answer. I am committed to following the high ethical standards
required by the Administration and the Department. I have provided the
Committee with my ethics agreement, which was been developed by the
Department's career ethics officials and covers my recusal
requirements.
Gaming
Question 49. The Indian Gaming Regulatory Act provides statutory
authority for how land is taken into trust for Indian gaming after
1988. Federal Courts and the Department have developed a common law and
regulatory framework for applying the Indian Gaming Regulatory Act's
land to trust exceptions. Consistency and transparency in the
application of this legal and regulatory framework is key to ensuring
the success of the nearly $35 billion tribal gaming industry. Can you
commit that any decision coming before you, or previous decisions
adjudicated by the Department, regarding land into trust for gaming
will continue to follow the legal and regulatory framework outlined by
Congress, the Department, and Federal Courts, and not be subject to
Agency overreach?
Answer. As you note, there are established common law and
regulatory frameworks for land into trust gaming applications. If
confirmed, I intend to follow the law and impartially implement the
Department's established processes and procedures for these decisions.
Question 50. The last administration had a ``communicability''
distance standard for any on off reservation land into trust request.
Do you believe a ``communicability'' standard should continue to apply?
What standards will you consider for any off reservation land into
trust requests? Please explain.
Answer. The Department of the Interior adopted regulations in 2008
governing how to evaluate applications to place land into trust for
gaming. If confirmed, I would apply those regulations to tribal
applications in a manner consistent with existing law.
Question 51. As President of the Bay Mills Indian Community, you
negotiated and entered into various agreements with the State of
Michigan, including a recent Class III gaming agreement for the Tribe
to offer mobile sports wagering within the State. If confirmed, you
will be authorized to approve or disapprove Class III compacts and
their amendments pursuant to the Indian Gaming Regulatory Act (IGRA).
Please explain your understanding of how mobile sports wagering,
conducted pursuant to a class III compact, is applied to wagers placed
off of tribal lands.
Answer. Mobile gaming is a new technology that presents
opportunities and challenges for Tribes. It also presents a number of
questions about the application of IGRA. If confirmed, I would work
closely with the Department's Office of the Solicitor, the National
Indian Gaming Commission, and the Department of Justice to understand
how IGRA and other federal laws apply to tribally-operated mobile
gaming enterprises.
Question 52. The IGRA allows for gaming to occur on Indian Lands.
At least one gaming compact allows for sports betting to be made
anywhere in the state as long as the server is located on Indian Lands.
Do you agree with this position that a server housed on Indian Lands is
sufficient under IGRA?
Answer. As I indicated in my previous response, there are many
questions regarding how existing laws apply to mobile and Internet
sports betting. If confirmed, I would work closely with the
Department's Office of the Solicitor, the National Indian Gaming
Commission, and the Department of Justice to understand how IGRA and
other federal laws apply in these circumstances.
Question 53. Can a state-tribal gaming agreement seeking approval
by the Department be approved if it is in violation of Federal Law? If
so, please explain?
Answer. The Indian Gaming Regulatory Act governs the Department's
review of tribal-state gaming compacts, and states that the Department
may disapprove such an agreement if it ``violates.any other provision
of federal law that does not relate to jurisdiction over gaming on
Indian lands.'' 25 U.S.C. 2710(d)(8).
Housing
Question 54. If confirmed, please discuss how you plan to change
the current title reporting process to expedite BIA clearance of title
to lands held in trust.
Answer. The Department is working to finalize updates to
regulations governing title and land records at 25 C.F.R. Part 150. If
confirmed, I will work to complete this effort.
Question 55. The Department's Trust Asset and Accounting Management
System (TAAMS) is archaic and needs improvement. What is your plan to
update this system so tribes can expedite title searches for home
ownership?
Answer. The Trust Asset and Accounting Management System is a
critical tool that helps the Department's leadership ensure that it is
effectively carrying out its trust obligations to Indian landowners. If
confirmed, I will work with appropriate staff within the Indian Affairs
bureaus to ensure that TAAMS is modernized and works properly to
facilitate our trust responsibilities.
Question 56. Will you commit to work and coordinate with the
Department of Housing and Urban Development, (HUD) Office of Native
American Programs (ONAP) to assist with homeownership for tribes, if
confirmed?
Answer. Yes, as I stated at my hearing, meeting the trust and
treaty responsibilities to Tribes is not just a duty within the
Department of the Interior but for the entire Federal government. In
order to best serve those interests and meet those responsibilities,
interagency cooperation is essential, including in the case of Tribal
housing with HUD's ONAP.
Question 57. Will you commit to working with HUD, ONAP on setting
metrics to increase on-reservation homeownership, if confirmed?
Answer. If confirmed, I would be willing to work with HUD ONAP to
improve opportunities for homeownership across Indian country.
Question 58. What are your goals to increase tribal HEARTH Act
implementation? Have you set any metrics? Please explain.
Answer. Implementation of the HEARTH Act is driven by Tribes who
are seeking to reclaim control over tribal land management decisions. I
will work with the Bureau of Indian Affairs and the Office of the
Solicitor to ensure that review of tribal HEARTH Act ordinances is
responsive and timely.
Question 59. At your nomination hearing before the Committee you
testified that reforming the land leasing and title clearance process
at the Department of the Interior would be a priority for you if
confirmed to this position. Please discuss your understanding of any
recent reforms by the Department with regard to expediting clearance of
title and leasing on trust lands?
Answer. The Department is currently working to finalize changes to
the land and title standards regulations at 25 C.F.R. Part 150; and, if
confirmed, I will work to ensure that this effort is completed. Within
the past decade, the Department has made significant updates to its
leasing and right of way regulations, which have modernized the
process, empowered tribes to make land-use decisions, and expedited the
Department's review of leases and rights of way.
Congressional Responsibility
Question 60. Office morale at BIA is very important. The last
administration had a zero tolerance policy regarding sexual harassment
or any work place harassment. Will you commit to adhere to a zero
tolerance sexual harassment policy?
Answer. Yes. The Department takes sexual harassment very seriously
and so do I. I agree that strong morale at BIA is important to ensuring
we are doing the best job for Tribal Nations and I will work to foster
a positive workplace environment in all aspects.
Question 61. Testifying in Congress is part of being Senate
Confirmed. Will you commit to testifying at the Senate Committee on
Indian Affairs, if asked?
Answer. Yes.
Question 62. If confirmed, are you committed to providing the
Committee with Congressionally mandated reports such as those required
under the NATIVE Act, the 477 program, and others that may be due or
are overdue for submittal?
Answer. Yes, complying with Congressional direction for reports is
an important duty for the Department and I would take these
responsibilities seriously. In areas where the Department is behind on
deadlines, I will work to understand the factors at work and improve
performance.
477 Program
Question 63. The 477 program has been very successful. In the
legislation that established the 477 program, the Assistant Secretary
of Indian Affairs is in charge of the 477 program implementation. Will
you commit to leading 477 implementation and not delegate this to
another Department or Division in the federal government?
Answer. If confirmed, I will work to ensure that the 477 program is
implemented effectively.
Question 64. Will you commit to consult with all the 477 tribes on
any new changes to the program, if confirmed?
Answer. Yes, the Department has a duty to consult with Tribal
Nations when making decisions that have a significant impact for them.
Federal Acknowledgement
Question 65. In a July 12, 2012 hearing on the federal
acknowledgment process before the Senate Committee on Indian Affairs,
you testified that allowing previously denied petitioners to reapply
under the administrative acknowledgment regulations was a concern that
the Department considered in undertaking revisions to the
acknowledgment regulations. The 2015 revisions to the acknowledgment
regulations retained the long-standing prohibition on re-petitioning by
previously denied petitioner groups, but that ban was recently vacated
and remanded to the Department by two federal district courts. In
response to those remands, the Department engaged in tribal
consultation regarding the ban earlier this year. What is your position
on allowing re-petitioning by previously denied petitioner groups? Did
any recognized tribes express opposition to allowing re-petitioning?
What process will the Department follow to complete the court remands?
Answer. The Department is working to understand what is required by
the recent district court decisions, and how they affect the 2015
regulatory ban on re-petitioning. The Department will move forward in a
way that complies with federal law and existing statutes. During the
recent consultation process, no federally recognized tribes expressed
support for allowing re-petition.
Question 66. Do you support revising the acknowledgment regulations
to reverse the significant changes to the substantive criteria
identified by the courts? What would be next steps the Department would
take to achieve this?
Answer. The Department undertook significant revisions to its
federal acknowledgment regulations in 2015, which were based on years
of review and tribal consultation. It is important to implement those
regulations and ensure consistency in decisionmaking.
Question 67. The 2015 revisions to the acknowledgment regulations
added a provision that allows the use of land set aside by a State for
a petitioner or its collective ancestors to be used as evidence for
criteria (b) (Community) and (c) (Political influence and authority).
If re-petitioning is allowed, are there any previously denied
petitioners outside that this provision would apply to?
Answer. I am not aware of specific instances where these criteria
would apply. It is important that the Department consider all of the
evidence submitted by a petitioning group when applying the regulations
and making decisions on petitions for federal acknowledgment.
Question 68. Can you please explain your understanding of the
administrative process for ``federal recognition'' of tribal
communities in Alaska?
Answer. If confirmed, I look forward to learning more about this
process. I understand that the acknowledgement regulations apply to
indigenous entities that are not federally recognized tribes. 25 C.F.R.
83.4. In addition, Indigenous means native to the continental United
States in that at least part of the petitioner's territory at the time
of first sustained contact extended into what is now the continental
United States, which includes Alaska. 25 C.F.R. 83.1.
Question 69. For decades, two tribes in Alaska-the Qutekcak Native
Tribe (or QNT) and the Knugank Tribe (aka Olsonville)--have had
petitions pending before DOI to organize under the congressionally-
created common bond standard for Alaska Native communities and to gain
federal recognition. Can you commit to issuing decisions on Knugank's
and QNT's pending petitions? And can you set a timeframe for issuing a
final decision before December 31, 2022?
Answer. If confirmed, I will work to ensure that the Department is
not allowing petitions to languish for unreasonably long periods of
time and that we are making timely decisions. If confirmed, I will look
into this specific situation and work with the Tribes to ensure that we
are communicating clearly about the Department's process when it comes
to these pending petitions.
Education
Question 70. Getting students back to school is very important.
What steps will you take to ensure that students will be back to school
in the fall in a timely and safe manner?
Answer. Supporting vaccine confidence and ensuring BIE teachers,
support staff, and student families are protected against COVID-19 is a
key part of safely re-opening in person learning.
BIE hosted school reopening consultations on May 10 for Grades K-12
and BIE residential facilities and May 11 for post-secondary
institutions to determine if supplemental reopening guidance is needed
due to the unique nature of our system. As BIE staff gathers
recommendations for reopening, they will work with schools to assist in
the updating of locally and culturally responsive individual school
reopening plans to prepare for the 2021-2022 school year. Further, BIE
is partnering with states with high Native populations through our ED-
funded comprehensive center to exchange best practices for reopening
and also supporting school leaders by providing opportunities for cross
collaboration and professional development.
Question 71. What steps will you take to ensure Indian students are
not left behind regarding mandatory testing?
Answer. In May the BIE consulted with tribes and stakeholders
regarding the extent to which BIE-funded schools can administer BIE's
assessments this year and whether BIE should request an assessment
waiver from ED. I understand the difficult school year that many BIE
students had with distance learning and Internet access challenges,
along with the importance of testing to educational progress, and will
work with BIE to ensure that decisions are made in the best interest of
student's long term success.
Question 72. The GAO High Risk list was just released for 2021, The
Office of Indian Energy and Bureau of Indian Education remained on the
list. Please explain what steps you will take to get both the Office of
Indian Energy and the Bureau of Indian Education off the list.
Answer. The Department has concurred with all of GAO's
recommendations and is working to implement the outstanding
recommendations in order to get both the Office of Indian Energy and
the BIE off the High-Risk list. Successfully implementing those
recommendations and moving BIE off that list will be an important goal
for me and the Department.
Question 73. What is your vision for the five percent in mandatory
funds from the National Parks and Public Land Legacy Restoration Fund,
that BIE will receive for priority deferred maintenance at BIE schools
under the Great American Outdoors Act?
Answer. The Great American Outdoors Act (GAOA) funding is a much-
needed boost to address backlogged school repairs and replacement. BIE
has instituted regular school condition and safety assessments and
expedited facilities improvement and repair projects through
streamlined procurement options. Currently, the Bureau has 86 schools
assessed as in poor condition, and 44 prioritized for action. My vision
is for BIE to allocate GAOA funding as Congress intended, prioritizing
deferred maintenance projects that frees up regular appropriations to
improve schools across BIE to ensure a safe and productive learning
environment for Native children. I look forward to working with
Congress and others in the Department on BIE facilities funding, if
confirmed.
Marijuana
Question 74. As President of the Bay Mills Indian Community, you
worked towards approval and opening of the first Tribally owned
recreational Marijuana dispensary in the State of Michigan. Can you
please discuss your understanding of how the Controlled Substance Act
applies to activities on Tribal lands?
Answer. The voting citizens of the Bay Mills Indian Community
authorized and directed the Tribe's involvement in the recreational
marijuana industry under Tribal law. If confirmed, in this position, I
would rely on the legal advice of the Department's attorneys and the
position of the Department of Justice on how the Controlled Substance
Act applies to activities on Tribal lands.
______
Keweenaw Bay Indian Community
May 24, 2021
Dear Chairman Schatz and Vice Chair Murkowski:
The Keweenaw Bay Indian Community (``Community'') would like to
express our support for the nomination of Bryan Newland to serve as the
Assistant Secretary for Indian Affairs (``Assistant Secretary'') at the
Department of the Interior. Mr. Newland's experience as a tribal
leader, as well as his current and past experiences working at the
Interior Department make him uniquely qualified to carry out the duties
of the Assistant Secretary.
Mr. Newland, the former President of the Bay Mills Indian
Community, knows firsthand how federal policies and regulations
directly impact tribal nations. As a neighboring tribal nation, I have
had the privilege to work with Mr. Newland during his tenure as
President of the Bay Mills Indian Community. If confirmed by the
Senate, Mr. Newland would be the first former tribal chairman to serve
as the Assistant Secretary in over 30 years.
Mr. Newland's previous service as a counselor and senior policy
advisor to the Assistant Secretary makes him incredibly knowledgeable
on the inner workings of the Interior Department. During his time with
the Obama Administration, he worked on key issues related to fee-to-
trust, Indian gaming, and the leasing of Indian lands. He has performed
his current role, Principal Deputy Assistant Secretary, admirably and
has been instrumental in carrying out the federal government's day-to-
day responsibilities to tribal nations.
Mr. Newland's background provides him with a 360-degree view of
Indian Country's challenges and opportunities. He has in-depth
knowledge of the broader issues facing tribal nations, as well as the
unique issues in our region. Combined with Secretary Haaland's
leadership, and the historic investments Congress recently made in
Indian Country, Mr. Newland's potential service as Assistant Secretary
gives us a great sense of optimism.
In closing, the Keweenaw Bay Indian Community urges the Senate
Committee on Indian Affairs to promptly consider and confirm Bryan
Newland to serve as the Assistant Secretary for Indian Affairs. His
proven leadership abilities and in-depth knowledge of Indian law and
policy are desperately needed during these challenging times.
Sincerely,
Warren C. Swartz, President
______
Pascua Yaqui Tribe
June 15, 2021
Dear Chairman Schatz and Vice Chair Murkowski:
On behalf of the Pascua Yaqui Tribe in Arizona, I am reaching out
to you today in support of President Biden's nomination of Bryan
Newland to the position of Assistant Secretary for Indian Affairs. Mr.
Newland's years of experience within the DOI and his firsthand
understanding of Tribal governance make him a candidate that can foster
the collaboration needed to meet the challenges we face.
Beyond all the obvious reasons Mr. Newland is the perfect
candidate--from his experience as Principal Deputy Assistant Secretary
for Indian affairs to his legal acumen in the field of Indian Law--it
is his experience with policy making and regulations that makes him
stand out. Mr. Newland helped develop policies on Indian gaming and
Indian lands, led a team that reformed the BIA's Indian leasing
regulations, and worked with key officials to help enact the HEARTH Act
of 2012. Mr. Newland understands how to effect change; with those
skills I have every confidence that he will achieve his goals to
``build back better.''
Mr. Newland's testimony today, which specifically highlighted the
need to ``respond with urgency to the violence against indigenous women
and children [and] lay the foundation for the next generation of Native
children to succeed,'' resonates deeply with the Pascua Yaqui people.
Eight years ago, the Pascua Yaqui Tribe joined Phase One of the VAWA
2013 Pilot Project and we have made great strides. But our work is far
from over. We welcome the opportunity to collaborate with Mr. Newland
on ways that Indian Country can come together and address this problem
together.
I look forward to working with Mr. Newland in his role as Assistant
Secretary oflndian Affairs.
Thank you for your time in this matter. Your service on the Senate
Committee for Indian Affairs is greatly appreciated.
Sincerely,
Peter Yucupicio, Chairman
______
USET SPF
April 23, 2021
USET SPF Applauds the Nomination of Bryan Newland for Assistant
Secretary--Indian Affairs
(Washington, DC)--Yesterday, the Biden Administration announced its
intent to nominate Bryan Newland, a citizen of the Bay Mills Indian
Community (Ojibwe), to be the next Assistant Secretary-Indian Affairs
(AS-IA). The AS-IA plays a critical role in elevating the voices of
Indian Country, as well as delivering upon the federal government's
trust responsibility and obligations. The position's responsibilities
include advising the Secretary of the Interior on Indian Affairs policy
issues and overseeing the Bureau of Indian Affairs and the Bureau of
Indian Education.
Mr. Newland has spent his career fighting for Tribal rights,
becoming a trusted voice in the field of federal Indian law. He would
bring a wealth of experience to the role of Assistant Secretary, having
served most recently as the President of the Bay Mills Indian
Community, as well as Chief Judge of the Bay Mills Tribal court and
counselor and Senior Advisor to the AS-IA during the Obama
Administration. His background provides him with a unique perspective
on matters of Tribal self-governance, self-determination, and the
delivery of federal trust and treaty obligations. USET SPF celebrates
this nomination as another opportunity to advance Tribal sovereignty
and improve the relationship between the United States and Tribal
Nations.
``Bryan knows first-hand the challenges we face, as well as the
opportunities that lie ahead for us as sovereign governments,'' said
USET SPF President, Kirk Francis. ``We know him to be fair,
knowledgeable, and passionately committed to justice for our people and
the advancement of the U.S.-Tribal Nation diplomatic relationship. At a
time when America is reckoning with its past, Bryan is the right person
to meet this moment and deliver meaningful change for Indian Country.
On behalf of the USET/USET SPF family, I extend our congratulations and
full support.''
As a former Tribal Leader, Mr. Newland's intimate understanding of
both Tribal and federal service will be an asset to the Department of
the Interior and its role in Nation-to-Nation diplomacy with Indian
Country. Like Secretary Haaland, Mr. Newland holds a full appreciation
for our history and relationship with the United States, as well as an
indigenous sensibility for the stewardship of our lands, environment,
and cultural resources. USET SPF is confident that Mr. Newland's
service as AS-IA will bring significant progress in Tribal sovereignty,
self-governance, and self-determination. We call upon the United States
Senate to act swiftly on his confirmation in accordance with its
responsibility to honor its obligations to Tribal Nations.
______
Sault Ste. Marie Tribe of Chippewa Indians
April 26, 2021
Dear Senate Majority Leader Schumer, Senate Minority Leader McConnell,
Chair Schatz and Vice-Chair Murkowski:
Ahneen, Boozho Negee Ogemuk,
On behalf of the Sault Ste. Marie Tribe of Chippewa Indians, I
write in support of the confirmation of Mr. Bryan Newland as Assistant
Secretary--Indian Affairs (AS-IA) in the US Department of the Interior.
My tribe is the closest relative nation to the Bay Mills Indian
Community for which Mr. Newland has been a lifelong tribal citizen. The
families in our respective tribal nations overlap with several
ancestors in common but were separately recognized with Bay Mills
maintaining recognition through the 1934 Indian Reorganization Act and
my tribe seeking federal recognition and gaining approval in 1972. Our
respective tribes hold our treaty rights in common from both the 1820
and 1836 treaties. Given our shared history and close familial ties,
submitting this letter of support of Mr. Newland's nomination is even
more momentous.
The United States must uphold its responsibility to tribal nations,
honor its treaties, and provide a voice for Indian Country in the
federal government. It is with this responsibility in mind and with
tremendous enthusiasm that the Sault Ste. Marie Tribe of Chippewa
Indians urges you to confirm President Biden's nomination of Mr. Bryan
Newland to lead as the Assistant Secretary of Indian Affairs in the
U.S. Department of the Interior.
As you know, the Assistant Secretary--Indian Affairs under the U.S.
Department of the Interior carries out a broad range of
responsibilities including serving a key role in advising the Secretary
of the Interior and sharing the responsibility as trustee to tribal
nations in upholding the federal trust and treaty responsibilities to
the 574-plus tribal nations and more than 5.2 million American Indians
and Alaska Natives. The Bureau of Indian Affairs, the Bureau of Indian
Education and other trustee related functions are led by the AS-IA with
day-to-day leadership responsibility over all aspects of tribal
sovereignty and self-governance, from education to economic development
to law enforcement.
As a result of this unique fiduciary obligation to tribal nations,
it is critical that Interior leadership and employees reflect the
communities it serves.
President Biden's nominee Mr. Newland has spent his career
advocating and serving as an advocate for tribal rights of his tribe as
well as others. Over the years, he has matured into sound, rational and
trusted voice in the field of federal Indian law. His vast experience
would bring a wealth of experience to role the of Assistant Secretary,
having served most recently as the President of the Bay Mills Indian
Community, as well as Chief Judge of the Bay Mills Tribal Court, and
Counselor and Senior Advisor to the AS-IA during the Obama
Administration. His background provides him with a unique perspective
on matters of tribal self-governance and the delivery of the treaty and
trust obligation.
In a regional and local sense and from a personal perspective, I
have served as Chair to Bryan as Vice Chair of the Inter-Tribal Council
of Michigan and as Vice Chair to Bryan as Chair of the Bay Mills Tribal
College. Further, we have worked closely as colleagues through the
United Tribes of Michigan, Chippewa Ottawa Resource Authority, and on
countless projects of inter-tribal, state, regional and national scope.
I have a very high regard for Bryan's diplomatic and respectful
approach to honoring the sovereignty of every tribe he has worked with
or for whom he has had diplomatic relations.
In conclusion, I ask you to support the confirmation of Mr. Bryan
Newland as Assistant Secretary--Indian Affairs. He has extensive
experience, exemplary qualifications, and a demonstrated commitment to
public service. His broad experience in Indian law, tribal justice and
governance and commitment to good public policy showcases that he will
continue to bring pragmatism to his role and responsibility as
Assistant Secretary--Indian Affairs. As an Anishinaabe Ogemuk Ogitch'da
(tribal leader and modern warrior) Mr. Newland descends from people who
have hunted, fished, gathered and served as our nation's first stewards
who cared for our Aki (Mother Earth) and Neebii (waters) since time
immemorial. He understands deeply that these landscapes are
multipurpose and integral to sustaining many communities, economies,
and cultures.
On behalf of the Sault Ste. Marie Tribe of Chippewa Indians, it is
my honor to support Mr. Bryan Newland as Assistant Secretary--Indian
Affairs and ask that you swiftly confirm Mr. Newland.
Chi MeGwitch Negee.
Submitted with Great Respect,
Dr. Aaron A. Payment, Chairperson
______
Southern Ute Indian Tribe
April 26, 2021
Dear Chairman Schatz and Vice Chairman Murkowski:
On behalf of the Southern Ute Indian Tribe, this letter expresses
our support for the nomination of Bryan Newland as Assistant
Secretary--Indian Affairs, Department of the Interior Mr. Newland is
well qualified for this position. A member of the Bay Mills Indian
Community, Mr. Newland recently completed his tenure as President of
his Tribe. Growing up on the Bay Mills Reservation, he knows the
challenges faced by Indian families in terms of housing, health care,
unemployment and associated concerns. He graduated from Michigan State
University College of Law, served as Chief Judge of the Bay Mills
Tribal Court, and was Counselor and Policy Advisor to the Assistant
Secretary--Indian Affairs in the Obama Administration.
As a result of these life and career experiences, Mr. Newland has a
unique understanding of the needs of federally-recognized Tribes and is
well respected throughout Indian Country.
With his in-depth knowledge of Federal Indian Law and his practical
experience working with Tribes and in the Department of Interior, Mr.
Newland will make an exceptional Assistant Secretary. We strongly
support his nomination without hesitation or qualification.
Sincerely,
Melvin J. Baker, Chairman,
Southern Ute Indian Tribal Council
______
Great Plains Tribal Chairmen's Association, Inc.
April 26, 2021
Dear Chairman Schatz, Vice Chairman Murkowski, Senator Rounds and
Senator Hoeven:
Please vote to confirm Bryan Newland as Assistant Secretary for
Indian Affairs.
Bryan Newland is a seasoned Indian law attorney, who has served his
own Native Sovereign Nation as Chairman and served the Obama
Administration in the Office of the Assistant Secretary for Indian
Affairs. Bryan is thoughtful, knows Tribal Government protocol.
Chairman Harold Frazier, Great Plains Tribal Chairmen's Association,
Inc., with 16 Member Nations and Tribes, said, ``Bryan Newland will
work to ``strengthen our Nation-to-Nation Relations with the United
States and Respect Tribal Sovereignty,'' as the Biden Administration
has pledged to do.
The AS-IA plays a critical role in Indian Country, by working with
our Native Sovereign Nations on a Nation-to-Nation basis as well as
working to deliver upon the federal government's treaty
responsibilities and trust obligations. AS-IA responsibilities include
advising the Secretary of the Interior on Indian Affairs policy issues
and overseeing the Bureau of Indian Affairs and the Bureau of Indian
Education.
We encourage you to vote for Bryan Newland for Assistant Secretary
for Indian Affairs. Thank you for your thoughtful consideration.
Sincerely,
Harold C. Frazier, Chairman,
______
Spokane Tribe of Indians
May 10, 2021
Chairman Schatz and Vice Chairman Murkowski,
On April 23, 2021, President Joe Biden nominated Bryan Newland to
be the new Assistant Secretary for Indian Affairs at the Department of
the Interior. The Spokane Tribal Business Council strongly supports
this nomination.
The Spokane Tribe of Indians have a rich history and our
ancestorial homelands consist of approximately 3 million acres in what
is now northeastern Washington State. We are a river people, and the
Spokane Indian Reservation sits at the confluence of the Spokane and
Colombia rivers.
During his previous time at the Bureau of Indian Affairs, Mr.
Newland had a great understanding of the unique challenges facing our
Tribe and to challenges facing Indian Country as a whole. Following his
service during the Obama Administration, Mr. Newland was selected to
serve as Chairman of the Bay Hills Indian Community. This experience of
leading his people, combined with his previous tenure serving at the
Bureau of Indian Affairs makes Mr. Newland the ideal candidate to serve
as Assistant Secretary.
We were grateful for your earlier support in the confirmation of
Deb Haaland as the first Native American to serve as Secretary of the
Department of the Interior. If confirmed, Bryan Newland is well
equipped to help carry out the mission of the Bureau of Indian Affairs.
Sincerely,
Carol Evans, Chairman
______
Chippewa Cree Tribe of the Rocky Boy's Reservation
May 11, 2021
The Chippewa Cree Tribe officially endorsed President Biden's pick
to lead the Bureau of Indian Affairs. Bryan Newland is a citizen of the
Bay Mills Indian Community (Ojibwe), where he recently completed his
tenure as Tribal Chairman. Before that, Newland served as Chief Judge
of the Bay Mills Tribal Court. From 2009 to 2012, Newland served as a
Counselor and Senior Policy Advisor to the Assistant Secretary of the
Interior--Indian Affairs.
Newland is yet to be confirmed by the U.S. Senate. If confirmed
Bryan Newland would serve as Assistant Secretary for Indian Affairs,
along with the first Native American Secretary of Interior, Deb
Haaland.
Many Indian tribes believe the Native American leadership at the
Department of the Interior will have more success to secure traditional
cultures, develop tribal economies and continue to heal the broken
relationship with the federal government.
While working under the Obama Administration Newland helped develop
policies on Indian gaming and Indian lands, reforming the Department of
the Interior's policy on reviewing tribal-state gaming compacts. He
also led a team that improved the BIA's Indian leasing regulations and
worked with key officials to help enact the HEARTH Act of 2012.
Prior to his federal service, Newland worked as an attorney with
Fletcher Law in Lansing, Michigan. He represented tribal clients on
issues including the regulation of gaming facilities, negotiation of
tribal-state gaming compacts, the fee-to-trust process, and leasing of
Indian lands. He graduated magna cum laude from Michigan State
University College of Law and received his undergraduate from James
Madison College at Michigan State University.
Harlan Baker, Chairman
resolution no. 63-21--officially supporting the nomination of bryan
newland of the bay mills indian community (ojibwe) to serve as
assistant secretary--indian affairs for the u.s. department of the
interior.
WHEREAS, the Chippewa Cree Business Committee is the governing body
of the Chippewa Cree Tribe of the Rocky Boy's Indian Reservation,
Montana, by the authority of the Constitution and by-Laws of the
Chippewa Cree Tribe approved on the 23rd day of November, 1935; and
WHEREAS, pursuant to their inherent sovereignty and Constitution
and By-Laws of the Chippewa Cree Tribe, the Chippewa Cree Business
Committee is charged with the duty to promote and protect the health,
security, and general welfare of the Chippewa Cree Tribe; and
WHEREAS, the Chippewa Cree Business Committee is authorized to
negotiate with the Federal, State and local governments on behalf of
the Chippewa Cree Tribe, and to advise and consult with representatives
of the Interior Department on all activities of the Department that may
affect the Rocky Boy's Indian Reservation; and
WHEREAS, President Biden has nominated Bryan Newland to serve as
Assistant Secretary for Indian Affairs. Mr. Newland served as President
of the Bay Mills Indian Community; and is a former Senior Policy
Advisor of Interior under Secretary Ken Salazar, with a professional
record and experience in Indian Country that is well-known and
respected; and
WHEREAS, Mr. Newland is a citizen of the Bay Mills Indian Community
(Ojibwe), where he recently completed his tenure as Tribal Chairman.
Before that, Newland served as Chief Judge of the Bay Mills Tribal
Court. From 2009 to 2012, Newland served as a Counselor and Senior
Policy Advisor to the Assistant Secretary of the Interior--Indian
Affairs. In that capacity, he helped develop the Obama Administration's
policies on Indian gaming and Indian lands, reforming the Department of
the Interior's policy on reviewing tribal-state gaming compacts. He
also led a team that improved the BIA's Indian leasing regulations and
worked with key officials to help enact the HEARTH Act of 2012; and
WHEREAS, a successful U.S. Senate confirmation of Bryan Newland to
serve as Assistant Secretary for Indian Affairs, along with the first
Native American Secretary of Interior, Deb Haaland--Indian tribes have
the critical opportunity to take steps to secure traditional cultures,
tribal economies, and continue to heal the broken relationship with the
federal government; and
WHEREAS, prior to his federal service, Newland worked as an
attorney with Fletcher Law in Lansing, Michigan. He represented tribal
clients on issues including the regulation of gaming facilities,
negotiation of tribal-state gaming compacts, the fee-to-trust process,
and leasing of Indian lands. He graduated magna cum laude from Michigan
State University College of Law and received his undergraduate degree
from James Madison College at Michigan State University.
THEREFORE BE IT RESOLVED, the Chippewa Cree Business Committee
hereby approves the resolution officially supporting the nomination of
Bryan Newland of the Bay Mills Indian Community (Ojibwe) as the next
Assistant Secretary of Indian Affairs of the U.S. Department of the
Interior.
______
Wilton Rancheria
May 4, 2021
Dear Chairman Schatz and Vice Chairman Murkowski:
On behalf of the Wilton Rancheria, I write to support President
Biden' s nomination of Bryan Newland to be Assistant Secretary--Indian
Affairs (AS-IA). Wilton Rancheria is located in Sacramento County,
California. The Tribe was terminated in 1959 by the federal government.
After years of struggle, the Tribe regained its federal recognition in
June 2009. In November 2011 , the Tribe adopted its modern
Constitution, and since that time, the Tribe's leadership has worked
diligently to implement and further develop the Tribal government. The
Tribe intends to build on these successes and having a strong
partnership with the federal government will be essential for this
purpose.
The United States must uphold its trust obligations to tribal
governments, honor its treaties, and provide a strong voice for Indian
Country within the federal government. The AS-IA, as the primary
representative of the Department of the Interior on issues affecting
Indian Affairs, has an essential role in ensuring that the federal
government fulfills these obligations and responsibilities.
Mr. Newland is eminently qualified for the AS-IA role. His prior
experience includes having served as the President of Bay Mills Indian
Community, the Chief Judge of the Bay Mills Tribal Court, and an
attorney representing tribal governments. Therefore, Mr. Newland
understands the government-to-government relationship from a tribal
perspective. Additionally, he has significant federal Indian Affairs
experience, having served as Counselor and Policy Advisor to a previous
AS-IA. Accordingly, he has firsthand knowledge of the federal
government processes affecting Indian Affairs and would have a holistic
understanding of the Department's unique role in ensuring the federal
government meets its obligations to Indian Country.
Mr. Newland's experience also demonstrates a strong commitment to
serving Indian Country. This strong commitment is vital to ensuring the
Department and other agencies across the federal government truly
enngage with tribes on a government-to-government basis to improve the
lives of Native people across the nation.
It is with Mr. Newland's qualifications and commitment in mind that
Wilton Rancheria is honored to support his nomination. Accordingly, I
respectfully urge you to support his confirmation to be the next AS-IA.
Sincerely,
Jesus Tarango, Chairman
______
The Confederated Salish and Kootenai Tribes of the Flathead
Nation
Dear Chairman Schatz and Vice Chairman Murkowski:
On behalf of the Confederated Salish and Kootenai Tribes (Tribes) I
am writing to you in support of the nomination of Mr. Bryan Newland to
be the Assistant Secretary for Indian Affairs.
Mr. Newland has established himself as a strong advocate for Indian
tribes. Through his previous work as President of his tribe, a tribal
judge, an attorney, and an advisor in the Obama administration, Mr.
Newland has a very well-rounded body of experience from which to draw
in making policy and other decisions affecting tribes and tribal
members.
I met with Mr. Newland recently in his current capacity as
Principal Deputy Assistant Secretary Indian Affairs. I appreciated his
attention to, and consideration of, the issues that my Tribes raised.
Having been the leader of the Bay Mills Indian Community, it makes
sense that he, as Assistant Secretary, will be an effective federal
partner with tribal leaders. His prior experience in the Assistant
Secretary's office will undoubtedly serve him well.
In short, I am confident that Mr. Newland will be a constructive
part of Secretary Haaland's Interior leadership team and I urge your
Committee to recommend his confirmation to be the next Assistant
Secretary--Indian Affairs.
Thank you,
Shelly R. Fyant, Chairwoman, Tribal Council
______
June 4, 2021
Dear Chairman Schatz and Vice Chairman Murkowski,
On behalf of our undersigned organizations, we state our
unequivocal support for the confirmation of Bryan Newland, a citizen of
the Bay Mills Indian Community (Ojibwe), to be the next Assistant
Secretary-Indian Affairs (AS-IA). The AS-IA plays a critical role in
elevating the voices of Indian Country, as well as delivering upon the
federal government's trust responsibility and obligations. The
position's responsibilities include advising the Secretary of the
Interior on Indian Affairs policy issues and overseeing the Bureau of
Indian Affairs and the Bureau of Indian Education.
Mr. Newland has spent his career fighting for Tribal rights,
becoming a trusted voice in the field of federal Indian law. He would
bring a wealth of experience to the role of Assistant Secretary, having
served most recently as the President of the Bay Mills Indian
Community, as well as Chief Judge of the Bay Mills Tribal court and
counselor and Senior Advisor to the AS-IA during the Obama
Administration. His background provides him with a unique perspective
on matters of Tribal self-governance and the delivery of federal trust
and treaty obligations. Our collective organizations celebrate this
nomination as another opportunity to advance Tribal sovereignty and
improve the relationship between the United States and Tribal Nations.
Mr. Newland knows first-hand the challenges we face, as well as the
opportunities that lie ahead for us as sovereign governments. We know
him to be fair, knowledgeable, and passionately committed to justice
for our people and the advancement of the U.S.-Tribal Nation diplomatic
relationship. At a time when America is reckoning with its past, Mr.
Newland is the right person to meet this moment and deliver meaningful
change for Indian Country.
As a former Tribal Leader, Mr. Newland's intimate understanding of
both Tribal and federal service will be an asset to the Department of
the Interior and its role in Nation-to-Nation diplomacy with Indian
Country. Like Secretary Haaland, Mr. Newland holds a full appreciation
for our history and relationship with the United States, as well as an
indigenous sensibility for the stewardship of our lands, environment,
and cultural resources. We are confident that Mr. Newland's service as
AS-IA will bring significant progress in Tribal sovereignty, self-
governance, and self-determination.
Our organizations stand in unity and offer our full support for Mr.
Bryan Newland as the next Assistant Secretary--Indian Affairs (AS-IA).
We call upon the United States Senate to act swiftly on his
confirmation in accordance with its responsibility to honor its
obligations to Tribal Nations.
Sincerely,
Kirk Francis (Penobscot) President, USET Sovereignty
Protection Fund
Fawn Sharp (Quinault) President, National Congress of
American Indians
Harold Frazier (Cheyenne River Sioux) Chairman, Great
Plains Tribal Chairmen's Association, Inc
W. Ron Allen, Tribal Chairman/CEO, Jamestown S'Klallam
Tribe and President, Board of Directors, Self-Governance
Communication & Education Tribal Consortium
Aaron Payment (Sault Ste. Marie Tribe of Chippewa Indians)
President, Midwest Alliance of Sovereign Tribes
Jason Giles (Muscogee Creek) Executive Director, National
Indian Gaming Association
Aaron Payment (Sault Ste. Marie Tribe of Chippewa
Indians)Chairman of the Board of Directors, Inter-Tribal
Council of Michigan, Inc.
William F. Snell, Jr. (Crow/Assiniboine) Executive
Director, Rocky Mountain Tribal Leaders Council
Frank Ettawageshik (Odawa) President, Association on
American Indian Affairs
Leonard Forsman (Suquamish) President, Affiliated Tribes of
Northwest Indians
Cristina Danforth (Oneida Nation) President, Native
American Finance Officers Association
Chuck Hoskin, Jr. (Cherokee) President, Inter-Tribal
Council of the Five Civilized Tribes
Adrian Stevens (Seneca Nation) Acting Chairperson, National
American Indian Housing Council
Laura Harris (Comanche) Executive Director, Americans for
Indian Opportunity
Wilfred Herrera (Laguna) Chairman, All Pueblo Council of
Governors
Jason Dropik (Bad River Band of Lake Superior Chippewa
Indians) President, National Indian Education Association
______
Gila River Indian Community
June 4, 2021
Dear Chairman Schatz and Vice Chairwoman Murkowski,
I write on behalf of the Gila River Indian Community
(``Community'') in support of the nomination of Bryan Newland to serve
as the Assistant Secretary for Indian Affairs at the United States
Department of the Interior (``Interior'').
The Community is very familiar with Mr. Newland, both during his
time in the Assistant Secretary's Offrce during the
ObamaAdministration, as well as his time as the Chairman of his own
tribe. In both instances, Mr. Newland demonstrated that he understood
the complicated balance that Native leaders must strive to achieve
between providing social services for our people, protecting and
strengthening our culture and traditions, and looking for opportunities
to expand our economies and become more self-sufficient. For example,
during his time in the Assistant Secretary's Office Mr. Newland was
instrumental in drafting the Helping Expedite and Advance Responsible
Tribal Homeownership Act (``HEARTH Act'') which grants greater
authority to federally recognized tribes to develop and implement their
own regulations for leasing on Indian lands. The Community has
benefited from the HEARTH Act, through passage of our own Community
leasing regulations, that has enabled the Community to significantly
reduce the time it takes to approve leases for homes and small
businesses on our Reservation. Efforts such as these, aimed at
empowering tribal goveffIments, is exactly the type of leadership that
Interior needs. The Community feels confident that Mr. Newland is well-
positioned to provide such leadership and would fully embrace and
encourage tribal self-determination and economic development across
Indian Country.
The Community has also witnessed Mr. Newland's commitment to
consultation between Interior and tribal governments which involves
more than just listening to tribal goverrrments but actually partnering
with tribal governments to further strengthen the government-to-
government relationship. The Community is similarly committed to
working with Mr. Newland in his role as the Assistant Secretary for
Indian Affairs to work together to coordinate and collaborate with
other federal agencies, educate the different facets of the
BidenAdministration and communicating with the relevant Congressional
committees. The Community has no concerns that Mr. Newland has the
experience, legal background, and unique knowledge of the interplay
between all of these entities to successfully advocate for and make
difficult policy decisions impacting Indian Country.
Indeed, the multitude of problems facing Indian Country especially
heightened during the recent pandemic, make it clear that there is no
one-size-fits-all approach to addressing these problems. Mr. Newland's
experience working for the Obama Administration and as a tribal leader
make him particularly qualified to work with tribal governments to
address these problems and develop unique solutions.
For the reasons described above, the Community supports the
nomination of Mr. Newland and hopes that this Committee will quickly
approve his nomination and bring it to the full Senate for
consideration in a timely manner.
Sincerely,
Stephen Roe Lewis, Governor
______
Mille Lacs Band of Ojibwe
June 4, 2021
Dear Chairman Schatz and Vice Chairwoman Murkowski,
On behalf of the Mille Lacs Band of Ojibwe Indians, I am writing to
provide our strongest support for the swift confirmation of Bryan
Newland, a citizen of the Bay Mills Indian Community (Ojibwe), to be
the next Assistant Secretary-Indian Affairs (AS-IA).
As Chief Executive/Chairwoman of the Mille Lacs Band of Ojibwe, I
have known Mr. Newland for decades. Mr. Newland's character and
integrity are beyond reproach. He is one of the best and brightest
Indian country has to offer, and has spent his entire career in public
service to Indian nations and our citizenry. I know he will be an
outstanding Assistant Secretary for Indian Affairs and will always do
right by tribal governments and Indiam people.
As a tribal leader and activist, Mr. Newland has spent his career
fighting for Tribal rights, becoming a trusted voice in the field of
federal Indian law. He would bring a wealth of experience to the role
of Assistant Secretary, having served most recently as the President of
the Bay Mills Indian Community, as well as Chief Judge of the Bay Mills
Tribal court and counselor and Senior Advisor to the AS-IA during the
Obama Administration. His background provides him with a unique
perspective on matters of Tribal self-governance and the delivery of
federal trust and treaty obligations.
The AS-IA plays a critical role in protecting and advancing tribal
sovereignty, self-determination and self-governance for tribal
governments. Mr. Newland knows first-hand the challenges we face, as
well as the opportunities that lie ahead for us as sovereign
governments. We know him to be fair, knowledgeable, and passionately
committed to justice for our people and the advancement of the U.S.-
Tribal Nation diplomatic relationship. At a time when America is
reckoning with its past, Mr. Newland is the right person to meet this
moment and deliver meaningful change for Indian Country.
I am incredibly proud of Mr. Newland and all he has accomplished
across his career, and very happy to see a former tribal leader
stepping into this key role. Mr. Newland has my unequivocal trust and
support.
The Mille Lacs Band of Ojibwe Indians urges you to move swiftly to
confirm Mr. Newland and we are very excited to work with him. It is my
opinion that Mr. Newland will be the best Assistant Secretary for
Indian Affairs that Indian country has ever seen.
Sincerely,
Melanie Benjamin, Chief Executive
______
Alaska Federation of Natives
June 4, 2021
Dear Senator Murkowski and Senator Sullivan:
On behalf of the Alaska Federation of Natives (AFN), I am writing
to express our support for Bryan Newland's nomination for Assistant
Secretary-Indian Affairs in the U.S. Department of the Interior.
AFN represents more than 175,000 Alaska Natives, including 169
federally recognized tribes, 174 village for-profit corporations, nine
regional for-profit corporations, and 12 regional nonprofit and tribal
consortia. Our mission, among other things, is to enhance and promote
the cultural, economic, and political voice of the entire Alaska Native
community.
Mr. Newland is qualified for this role and is widely known for
being a strong advocate for tribal communities across the nation. Mr.
Newland is a citizen of the Bay Mills Indian Community (Ojibwe), where
he recently completed his tenure as Tribal Chairman. Before that,
Newland served as Chief Judge of the Bay Mills Tribal Court. From 2009
to 2012, Newland served as a Counselor and Policy Advisor to the
Assistant Secretary of the Interior--Indian Affairs. In that capacity,
he helped develop the Obama Administration's policies on Indian gaming
and Indian lands, reforming the Department of the Interior's policy on
reviewing tribal-state gaming compacts. Before his federal service,
Newland worked as an attorney with Fletcher Law in Lansing, Michigan.
He represented tribal clients on issues including the regulation of
gaming facilities, negotiation of tribal-state gaming compacts, the
fee-to-trust process, and leasing of Indian lands.
Mr. Newlands's strong background and multi-faceted experience
promoting Native rights, cultural values, and economic prosperity will
make him a strong advocate for Native communities within the
Administration. As such, we look forward to the opportunity to work
with Mr. Newland on issues that impact our communities across Alaska
and the nation.
I would be pleased to speak with you or your staff in more detail
about his qualifications.
Thank you for considering our views on this nomination.
Sincerely,
Julie Kitka, President
______
Oneida Indian Nation
June 7, 2021
Dear Chairman Schatz and Vice Chairman Murkowski:
Shekolih. Greetings. On behalf of the Oneida Indian Nation, we
write to express our full support for the confirmation of Bryan Newland
(Ojibwe) as Assistant Secretary--Indian Affairs.
Mr. Newland is a respected Native leader, who will bring real world
and practical experience that will help him succeed in this position
within the U.S. Department of the Interior. His breadth of experience,
including as a Senior Advisor to a prior AS-AI, gives him a unique
understanding of how this role functions, and how the policies and
approaches that impact Indian Country must evolve so that Indian tribes
can govern and act in the 21st century.
Serving most recently as President of the Bay Mills Indian
Community, Mr. Newland's knowledge and ability in public service will
be invaluable to the Department of the Interior. Tribal sovereignty
remains a critical component of Tribal-federal relations, and his deep
knowledge of our collective history will serve to fortify the existing
relationships between the United States and the Tribal nations across
the country.
We encourage the United States Senate to confirm Mr. Newland as
quickly as possible.
Na ki'wa,
Ray Halbritter, Nation Representative
______
Northwest Indian Fisheries Commission
June 8, 2021
Dear Chairman Schatz and Vice Chairman Murkowski:
The Northwest Indian Fisheries Commission--composed of the 20
treaty Indian tribes \1\ in western Washington--respectfully submits
our unequivocal support for the confirmation of President Biden's
nomination of Bryan Newland to be the next Assistant Secretary--Indian
Affairs (AS-IA). The AS-IA is a critical position for Indian Country,
whose responsibilities include advising the Secretary of the Interior
on policy issues relative to Indian Affairs and overseeing the Bureau
of Indian Affairs and the Bureau of Indian Education. The nomination of
the AS-IA is important to our tribes because the AS-IA plays a
fundamental role in ensuring that the Department of Interior is
carrying out the federal government's trust responsibility and treaty
obligations.
---------------------------------------------------------------------------
\1\ The NWIFC member tribes are the Hoh, Jamestown S'Klallam, Lower
Elwha Klallam, Lummi, Makah, Muckleshoot, Nisqually, Nooksack, Port
Gamble S'Klallam, Puyallup, Quileute, Quinault, Sauk-Suiattle,
Skokomish, Squaxin Island, Stillaguamish, Suquamish, Swinomish,
Tulalip, and Upper Skagit.
---------------------------------------------------------------------------
Mr. Newland is well situated to understand the distinct challenges
that our tribes face and has the experience and know-how to help guide
the federal government to address them. Having served most recently as
President of Bay Mills Indian Community and Chief Judge of Bay Mills
Tribal Court, Mr. Newland is both well-informed and has a unique
perspective on matters regarding tribal self-governance, treaty-
reserved rights and the federal government's fiduciary responsibility
to tribes. Mr. Newland's service as a Counselor and Policy Advisor to
the AS-IA, under President Obama, gives him the essential experience in
navigating the agency.
We have crossed paths with Mr. Newland many times over the years
and are confident in his ability to carry out his duties in a manner
that is professional, fair and knowledgeable. Mr. Newland's keen
management and policy skills are sure to advance the federal-tribal
government diplomatic relations, and his passion for justice and the
protection of tribal rights lends us certainty that the job will be
carried out respectfully and ethically.
Mr. Newland has served the Bay Mills Indian Community during one of
the most difficult years due to the COVID-19 pandemic and it is our
understanding that his service was critical to overcoming economic,
financial and emotional hardships. These reports only further bolster
our confidence in Mr. Newland's leadership and management abilities.
Therefore, we offer our full support for Mr. Newland as the next AS-IA
and respectfully request the United States Senate to act swiftly on his
confirmation.
Thank you for your consideration on this important issue.
Sincerely,
Lorraine Loomis, Chairperson
______
Yurok Tribe
June 10, 2021
Aiy-ye-kwee' Chairman Schatz and Vice Chairwoman Murkowski,
The Yurok Tribe writes to express our unqualified support for the
nomination of Bryan Todd Newland for the position of Assistant
Secretary--Indian Affairs at the Department of the Interior. Mr.
Newland has both the experience and skills to succeed in this position.
Mr. Newland has worked on both sides of the federal trust
responsibility to Indian tribes. His work in the Assistant Secretary--
Indian Affairs office previously is well known for being careful,
diligent, high quality, and demonstrating a positive relationship with
Indian country. Since then, he has served admirably in leadership for
his own tribe, the Bay Mills Indian Community. He therefore understands
the many challenges and demands that Indian tribes face. His legal
training also gives him additional understanding of the complicated
laws and programs that he will oversee.
Mr. Newland demonstrates the appropriate personal skills for this
difficult position. He is calm and committed to his work. He shows
critical leadership skills and a remarkable commitment to Indian
country. We are confident he will serve Indian country and the nation
well if confirmed and urge the Committee to enthusiastically support
his nomination.
Wok-hlew'
Joseph L. James, Chairman
______
Coquille Indian Tribe
June 10, 2021
Dear Chairman Schatz and Vice Chairwoman Murkowski,
Dai'sla! I am honored to submit this letter of support for
Chairperson Bryan Newland to serve as the U.S. Assistant Secretary of
lndian Affairs.
As a member of the Bay Mills Indian Community, Chairperson Newland
has a personal appreciation for the intergenerational struggles that
Indian people confront on a daily basis. For much of our nation's
history, Federal Indian affairs policy has been conceived and
implemented from a non-Indian point of view. As a result, these well-
intentioned policies often fail because they misunderstand what Indian
people need.
As the Chairperson of the Bay Mills Indian Community Executive
Council, Mr. Newland appreciates the position of Indian tribal
governments in our modern era of tribal self-determination, tribal
governments are the key service delivery agents in Indian county. I can
personally attest to the challenges that tribal leaders face to both
understand federal policy and use federal tools to provide real help to
their people. Because he has been a leader of a Federally recognized
tribe, I believe that Chairperson Newland is more likely to provide
wise and meaningful leadership. My sense is that Indian people are more
likely to accept even difficult policy choices when they are made using
traditional values by a person who is accountable to his own elders and
ancestors.
As an Indian person who has chosen a path of higher education and
leadership, Chairperson Newland will serve as a role model for all
Native American youth.
For these reasons and more, the Coquille Indian Tribe supports
Chairperson Newland's confirmation as Assistant Secretary of Indian
Affairs.
Thank you for the opportunity express our support.
Masi,
Brenda Meade, Chairperson
______
Soboba Band of Luiseno Indians
June 19, 2021
Dear Chairman Schatz and Vice Chairwoman Murkowski,
The Soboba Band of Luiseno Indians (Tribe) is pleased to support
the recent nomination of Bryan Newland for the position of Assistant
Secretary--Indian Affairs in the U.S. Department of the Interior.
We have full respect for Mr. Newland's accomplishments and
appreciate his advancement of tribal issues and concerns over the
years. His record and experience in Indian country are well-known. We
strongly encourage you and your colleagues to move quickly to confirm
Bryan Newland as the new Assistant Secretary of Indian Affairs.
The Tribe appreciates your prompt consideration of this matter.
Sincerely,
Isaiah Vivanco, Chairman
______
Alabama-Coushatta Tribe of Texas
June 22, 2021
Dear Chairman Schatz and Vice Chairwoman Murkowski, and Members of the
Senate Indian Affairs Committee:
On behalf of the Alabama-Coushatta Tribe of Texas, I write in
support of the confirmation of Bryan Newland as the new Assistant
Secretary for Indian Affairs. Mr. Newland's experience leading his
people at the Bay Mills Indian Community as well as his previous
service at the Department of the Interior has made him aware of the
challenges tribes face in trying to meet the needs of their tribal
members through economic development and education. At the same time,
he has continued to honor and maintain important cultural traditions.
We are confident that Mr. Newland will work to ensure that tribes have
the tools and support necessary to allow tribes to shape their futures.
The Alabama and Coushatta, formerly known as the Alibamu and
Koasati, were originally separate organized tribes, both of whom
migrated westward from present-day Alabama to East Texas prior to most
European settlers. In recognition for assisting General Sam Houston's
army during the war for Texas Independence, the 1854 Texas Legislature
authorized the purchase of separate lands for both tribes, and in the
absence of available acreage, both tribes began living on their
present-day reservation in 1859. Recognition as one tribe came through
the issuance of the 1929 land deed for 3,071 acres. During the
termination period of the 1950s, the Tribe's federal recognition was
terminated, but Congress restored the Tribe's federal status in 1987.
Today, the Tribe is engaged in a struggle with Texas regarding the
Tribe's ability to offer electronic bingo as a means to provide for its
members and achieve economic independence. We would look forward to
working with Mr. Newland regarding this and our other tribal issues.
The Alabama-Coushatta Tribe of Texas fully supports the nomination
of Mr. Newland as the Assistant Secretary for Indian Affairs and hopes
for a quick confirmation.
Respectfully,
Nita Battise, Tribal Council Chairperson
______
Northern Arapaho Business Council
June 9, 2021
Dear Chairman Schatz and Vice Chairwoman Murkowski,
I write to you on behalf of the Northern Arapaho Business Council
(NABC) to express our strong support for Bryan Newland, a citizen of
the Bay Mills Indian Community, to be the Assistant Secretary for
Indian Affairs at the Department of the Interior. Mr. Newland's
understanding of tribal governments and experience supporting the
Assistant Secretary for Indian Affairs makes him an ideal candidate to
be confirmed as the next Assistant Secretary for Indian Affairs. I urge
you to swiftly advance Mr. Newland's nomination and support his
confirmation on the Senate floor.
The Assistant Secretary for Indian Affairs (ASIA) plays a
significant role for tribal governments, primarily by fulfilling
federal trust obligations and advising the Secretary of the Interior on
issues related to Indian Country. It is important for tribes throughout
the country that the ASIA is someone who understands the unique
position of tribal governments and also has indepth knowledge of the
Department of the Interior and federal government. Mr. Newland is a
person who fits this position, and NABC proudly supports his
nomination.
Mr. Newland's experience as President of the Bay Mills Indian
Community will be invaluable as he works alongside tribal leaders to
strengthen the govemment-to-govemment relationship. The Northern
Arapaho Business Council works alongside federal officials on a daily
basis, and we see firsthand the importance of working with partners who
understand the complexities that tribal governments face as one of the
most regulated entities in the country. Mr. Newland's appreciation of
the challenges that tribal governments must navigate to accomplish
basic tasks will help him be an effective ASIA, and ultimately benefit
everyone.
Mr. Newland's time as Counselor and Senior Advisor to the Assistant
Secretary for Indian Affairs has him ready to hit the ground running
once he is confirmed. His understanding of the Agency combined with his
policy expertise has him well positioned to effectively execute the
Administration's direction while strengthening tribal sovereignty. We
anticipate that he will play a strong role in advancing the
Administration's Native American priorities, such as meaningful
consultation, and we are optimistic that he will be a great partner for
Indian Country.
The NABC has no doubt that Mr. Newland will be a strong Assistant
Secretary for Indian Affairs and we respectfully urge you to support
him. We look forward to continue working with you to continue
strengthening our govemment-to-govemment relationship.
Kind Regards,
Lee Spoonhunter, Co-Chairman
Attachment
resolution no. nabc 2021-1363
WHEREAS, The Northern Arapaho Business Council (NABC) is the duly
constituted governing body of the Northern Arapaho Tribe, and
WHEREAS, The Tribe retains inherent sovereign authority to promote
interests of the Tribe and its members and residents of the Wind River
Reservation, and
WHEREAS, President Biden has nominated Bryan Newland to serve as
Assistant Secretary for Indian Affairs. Mr. Newland served as President
of the Bay Mills Indian Community; and is a former Senior Policy
Advisor of Interior under Secretary Ken Salazar, with a professional
record and experience in Indian Country that is well-known and
respected, and
WHEREAS, Mr. Newland is a citizen of the Bay Mills Indian
Community (Ojibwe), where he recently completed his tenure as Tribal
Chairman. Before that, Newland served as Chief Judge of the Bay Mills
Tribal Court. From 2009 to 2012, Newland served as a Counselor and
Senior Policy Advisor to the Assistant Secretary of the Interior--
Indian Affairs. In that capacity, he helped develop the Obama
Administration's policies on Indian gaming and Indian lands, reforming
the Department of the Interior's policy on reviewing tribal-state
gaming compacts. He also led a team that improved the BIA's Indian
leasing regulations and worked with key officials to help enact the
HEARTH Act of 2012, and
WHEREAS, a successful U.S. Senate confirmation of Bryan Newland to
serve as Assistant Secretary for Indian Affairs, along with the first
Native American Secretary of Interior, Deb Haaland--Indian tribes have
the critical opportunity to take steps to secure traditional cultures,
tribal economies, and continue to heal the broken relationship with the
federal government, and
WHEREAS, Prior to his federal service, Newland worked as an
attorney with Fletcher Law in Lansing, Michigan. He represented tribal
clients on issues including the regulation of gaming facilities,
negotiation of tribal-state gaming compacts, the fee-to-trust process,
and leasing of Indian lands. He graduated magna cum laude from Michigan
State University College of Law and received his undergraduate degree
from James Madison College at Michigan State University.
THEREFORE, BE IT RESOLVED AS FOLLOWS:
The NABC hereby approves the resolution officially supporting the
nomination of Bryan Newland of the Bay Mills Indian Community (Ojibwe)
as the next Assistant Secretary of Indian Affairs of the U.S.
Department of the Interior.
CERTIFICATION
The undersigned, as Chairman of the Northern Arapaho Business
Council, hereby certifies that the Northern Arapaho Business Council
consists of six (6) members and that four (4) members were present
constituting a quorum, at a specially called meeting of the Northern
Arapaho Business Council held on June 9,2021 that the foregoing
resolution was adopted a vote of Four (4) Members FOR and Zero (0)
Members AGAINST and that the foregoing resolution was not rescinded or
amended in any way.
______
Blackfeet Tribe
May 6, 2021
Browning, MT. The Blackfeet Tribe officially endorsed President
Biden's pick to lead the Bureau of Indian Affairs. Bryan Newland is a
citizen of the Bay Mills Indian Community (Ojibwe), where he recently
completed his tenure as Tribal Chairman. Before that, Newland served as
Chief Judge of the Bay Mills Tribal Court. From 2009 to 2012, Newland
served as a Counselor and Senior Policy Advisor to the Assistant
Secretary of the Interior--Indian Affairs.
Newland is yet to be confirmed by the U.S. Senate. If confirmed
Bryan Newland would serve as Assistant Secretary for Indian Affairs,
along with the first Native American Secretary of Interior, Deb
Haaland.
Many Indian tribes believe the Native American leadership at the
Department of the Interior will have more success to secure traditional
cultures, develop tribal economies and continue to heal the broken
relationship with the federal government.
While working under the Obama Administration Newland helped develop
policies on Indian gaming and Indian lands, reforming the Department of
the Interior's policy on reviewing tribal-state gaming compacts. He
also led a team that improved the BIA's Indian leasing regulations and
worked with key officials to help enact the HEARTH Act of 2012.
Prior to his federal service, Newland worked as an attorney with
Fletcher Law in Lansing, Michigan. He represented tribal clients on
issues including the regulation of gaming facilities, negotiation of
tribal-state gaming compacts, the fee-to-trust process, and leasing
oflndian lands. He graduated magna cum laude from Michigan State
University College of Law and received his undergraduate degree from
James Madison College at Michigan State University.
resolution of the blackfeet nation officially supporting the nomination
of bryan newland of the bay mills indian community (ojibwe) to serve as
assistant secretary--indian affairs for the u.s. department of the
interior--no. 311-2021
WHEREAS, The Blackfeet Tribal Business Council is the duly
constituted governing body within the exterior boundaries of the
Blackfeet Indian Reservation, and
WHEREAS, The Blackfeet Tribal Business Council has been organized
to represent, develop, protect and advance the views, interests,
education and resources of the Blackfeet Indian Reservation, and
WHEREAS, In accordance with Article VI Section 1 (a) of the
Constitution for the Blackfeet Tribe, the Blackfeet Tribal Business
Council is empowered to negotiate with the federal, state and local
governments on behalf of the tribe and to advise and consult with the
representatives of the United States Government on all activities that
may affect the Blackfeet Tribe, and
WHEREAS, President Biden has nominated Bryan Newland to fill the
post as Assistant Secretary for Indian Affairs. Mr. Newland served as
President of the Bay Mills Indian Community; and is a former Senior
Policy Advisor of Interior under Secretary Ken Salazar, with a
professional record and experience in Indian Country that is well-known
and respected.
WHEREAS, Mr. Newland is a citizen of the Bay Mills Indian Community
(Ojibwe), where he recently completed his tenure as Tribal Chairman.
Before that, Newland served as Chief Judge of the Bay Mills Tribal
Court. From 2009 to 2012, Newland served as a Counselor and Policy
Advisor to the Assistant Secretary of the Interior-Indian Affairs. In
that capacity, he helped develop the Obama Administration's policies on
Indian gaming and Indian lands, reforming the Department of the
Interior's policy on reviewing tribal-state gaming compacts. He also
led a team that improved the BIA's Indian leasing regulations and
worked with key officials to help enact the HEARTH Act of 2012.
WHEREAS, a U.S. Senate confirmation of Bryan Newland to serve as
Assistant Secretary for Indian Affairs, along with the first Native
American Secretary of Interior, Deb Haaland--Indian tribes have the
critical opportunity to take steps to secure traditional cultures,
tribal economies, and continue to heal the broken relationship with the
federal government.
WHEREAS, Prior to his federal service, Newland worked as an
attorney with Fletcher Law in Lansing, Michigan. He represented tribal
clients on issues including the regulation of gaming facilities,
negotiation of tribal-state gaming compacts, the fee-to-trust process,
and leasing oflndian lands. He graduated magna cum laude from Michigan
State University College of Law and received his undergraduate degree
from James Madison College at Michigan State University.
THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Blackfeet Tribal Business Council hereby approves the
resolution officially supporting the nomination of Bryan Newland of the
Bay Mills Indian Community (Ojibwe) as the next Assistant Secretary
oflndian Affairs of the U.S. Department of the Interior.
2. That the Chairman or Vice-Chairman in the Chairman's absence and
Secretary of the Blackfeet Tribal Business Council are hereby
authorized to sign this Resolution and any other documents to
effectuate the purposes of this Resolution.
______
resolution no. 21-217
WHEREAS, the Constitution of the Tohono O'odham Nation vests the
Legislative Council with the authority to ``consult, negotiate and
conclude agreements and contracts on bebalf of the Tohono O'odham
Nation with Federal, State and local governments'' and to ``promote,
protect and provide for public health, peace, morals, education and
general wellfare of the Tohono O'odham Nation and its members''
(Constitution, Article VI, Section 1(t) and Section 1(c)(2)); and
WHEREAS, the U.S. Department of the Interior has vast
responsibilities in carrying out the federal government's trust
obligation with tribal nations and makes decisions that directly affect
the lives of millions of American Indians and Alaska Natives; and
WHEREAS, President Joe Biden has nominated Bryan T. Newland, a
member of the Bay Mills Indian Community, to serve as Assistant
Secretary--Indian Affairs in the U.S. Department of the Interior; and
WHEREAS, nominee Bryan T. Newland has served as President of the
Bay Mills Indian Community, has served as a political appointee in the
office of the Assistant Secretary--Indian Affairs during the Obama
Administration, and more recently as the Principal Deputy Assistant
Secretary of Indian Affairs in the Department of the Interior; and
WHEREAS, nominee Bryan T. Newland is uniquely qualified to serve as
the Assistant Secretary for Indian Affairs given his extensive
experience practicing federal Indian law, his service as a tribal
leader, and his service in the Department of the Interior.
NOW, THEREFORE, BE IT RESOLVED, that the Tohono O'odham Legislative
Council strongly supports the confirmation of Bryan T. Newland as
Assistant Secretary--Indian Affairs and calls for expeditious
confirmation hearings in the U.S. Senate.
______
Oglala Sioux Tribe
July 14, 2021
Dear Chairman Schatz and Vice-Chairwoman Murkowski:
On behalf of the Oglala Sioux Tribe, I write in support of the
confirmation of Bryan Newland as Assistant Secretary for Indian
Affairs. The United States must uphold its responsibility to Tribal
Nations, honor its treaties, and provide a voice for Indian Country in
the federal government. It is with this responsibility in mind and with
tremendous enthusiasm that the Oglala Sioux Tribe urges you to vote to
confirm Bryan Newland to be the Assistant Secretary for Indian Affairs.
The Oglala Sioux Tribe is a part of the Oceti Sakowin (Seven
Council Fires, known as the Great Sioux Nation) and a signatory to the
Treaty with the Teton of 1815, 7 Stat. 125 (Jul. 19, 1815), the Treaty
of Fort Laramie of 1851, 1 Stat. 749 (Sept. 17, 1851), and the Treaty
of Fort Laramie of 1868, 15 Stat. 635 (Apr. 29, 1868). The Tribe is one
of the largest land-based tribes in the United States. Our Tribe's Pine
Ridge Indian Reservation is comprised of 3,155,200 acres of land in
southwestern South Dakota, roughly the size of Connecticut. Our
Reservation, however, is extremely rural and remote, and we are in need
of adequate housing, economic development, job opportunities, community
development and infrastructure, and quality health care.
The U.S. Department of the Interior (Interior) carries out a broad
range of responsibilities affecting Tribal Nations and its day-to-day
decisions impact all aspects of tribal sovereignty and self-governance,
from education to economic development to law enforcement. As part of
the Administration, Interior is charged and entrusted with upholding
the federal trust and treaty responsibilities to the 574 tribal nations
and more than 5.2 million American Indians and Alaska Natives. Thus, it
is critical that nominees for Interior's leadership positions fully
understand the challenges facing our people and Indian Country as a
whole and reflect the communities Interior serves.
We believe that Mr. Newland knows first-hand the challenges we
face, as well as the opportunities that lie ahead for us as sovereign
governments. His background and work experience have prepared him well
to be the Assistant Secretary for Indian Affairs. Therefore, for the
reasons expressed in the June 4, 2021, Joint Inter-Tribal Organization
Letter (attached), we believe Mr. Newland is the right person to fill
the role of Assistant Secretary for Indian Affairs, and we ask you and
the other members of the Committee to vote to confirm Bryan Newland to
be the Assistant Secretary for Indian Affairs.
Sincerely,
Kevin Killer, President
______
July 23, 2021
Dear Majority Leader Schumer and Minority Leader McConnell:
As federally recognized tribes in Virginia, we are pleased to urge
Senate confirmation of Bryan Todd Newland as Assistant Secretary for
Indian Affairs at the U.S. Department of the Interior. Mr. Newland's
experience and background make him exceptionally well-qualified for the
role of Assistant Secretary for Indian Affairs.
A graduate of the Indian Law program at Michigan State University
College of Law, citizen of the Bay Mills Indian Community (Ojibwe), and
former elected President of his Tribe, Mr. Newland possesses impressive
academic and professional credentials. As a lawyer in private practice,
he represented tribal clients on issues like gaming, the fee-to-trust
process, litigation concerning tribal sovereign immunity and
jurisdiction, leasing of Indian lands, land planning and regulation,
economic development, and code drafting. Mr. Newland has the personal
and professional background to lead the staffs of the U.S. Bureau of
Indian Affairs, the Office of Indian Gaming, and the U.S. Bureau of
Indian Education. His experience working in the federal government as a
presidentially appointed Counselor and Policy Advisor to the AS-IA in
the Obama administration will be an asset in his new role. Mr. Newland
brings experience developing policies on Indian gaming and Indian
lands, reforming the Department of the Interior's policy on reviewing
tribal-state gaming compacts, reforming the BIA's Indian leasing
regulations, and helping enact the HEARTH Act of 2012.
Bryan Todd Newland is eminently qualified to serve as the Assistant
Secretary for Indian Affairs. We respectfully urge you to vote in
support of Mr. Newland's nomination, and we appreciate your
consideration of our views.
Sincerely,
Chickahominy Tribe
Chickahominy Indians Eastern Division
Nansemond Indian Nation
Monacan Indian Nation
Rappahannock Tribe
Upper Mattaponi Indian Tribe
______
Stillaguamish Tribe of Indians
July 13, 2021
Dear Chairman Schatz and Ranking Member Murkowski,
On behalf of the Stillaguamish Tribe of Indians, I write to
encourage you to quickly take up the nomination of Bryan Newland to
serve as the Assistant Secretary for Indian Affairs at the U.S.
Department of the Interior and to favorably report this nomination from
the Senate Committee on Indian Affairs to the full Senate.
Bryan Newland is a dedicated civil servant and former Tribal leader
who has consistently demonstrated his commitment to and support of
Indian Country throughout his career. Prior to his current role as
Principle Deputy Assistant Secretary for Indian Affairs, Mr. Newland
served as the Tribal President of Bay Mills Indian Community. As Tribal
President, Mr. Newland championed Tribal health initiatives, economic
development, and the protection of Tribal natural resources.
Before being elected as Tribal President of his Tribe, Mr. Newland
served in the Obama Administration as a senior policy advisor to the
Assistant Secretary of the Interior for Indian Affairs. During his
tenure at Indian Affairs, we worked with Mr. Newland on a number of
matters including protecting Tribal treaty rights and Tribal natural
resources. In our work with Mr. Newland, he was always supportive of
the Federal Government in its role as trustee to Tribes while also
ensuring Tribal sovereignty was respected.
Because of his dedication and deep understanding of the issues
facing Tribes, we feel that Bryan Newland is the right person to serve
in this critical leadership role. As such, we strongly support Bryan
Newland's nomination as Assistant Secretary for Indian Affairs and ask
that you swiftly consider and support his nomination in your Committee.
Thank you for your consideration of our request.
Sincerely,
Shawn Yanity, Chairman
______
Nottawaseppi Huron Band of the Potawatomi
July 13, 2021
Dear Chairman Schatz and Vice Chairwoman Murkowski,
On behalf of the Nottawaseppi Huron Band of the Potawatomi (NHBP),
I write to express our support for the nomination of Bryan Newland to
serve as the Assistant Secretary for Indian Affairs at the U.S.
Department of the Interior (``Department'').
NHBP interacted regularly with Mr. Newland during his time as the
Chairman of the Bay Mills Indian Community. We were not always on the
same side of every issue, but, Mr. Newland always conducted himself in
a respectful and well-reasoned manner and he was always honest and
transparent in his dealings with NHBP. Our experience with him is that
he is very knowledgeable on the issues, fair, and professional. We can
agree to disagree on some issues, but still work together on others.
NHBP is also familiar with Mr. Newland during his previous tenure
at the Department of the Interior. During that time, we observed Mr.
Newland providing critical counsel on a number of highly technical and
difficult issues and advocate for new policy initiatives focused on
strengthening tribal self-governance and self-determination. He has a
strong record of accomplishment for thinking outside of the box to
tackle systemic problems that have plagued Indian Country and the
Department. This type of leadership is exactly what the Department
needs to stimulate economic development and self-sufficient tribal
nations.
We recognize that Mr. Newland would be recused from any issues that
might impact his own tribe and likely other Michigan tribal matters,
but we appreciate the fact that he will bring his unique perspective as
a former tribal leader and tribal attorney to this high-level position
at the Department.
We believe Mr. Newland has the key characteristics needed to
successfully serve as Assistant Secretary for Indian Affairs, and urge
the Committee to favorably vote and report Mr. Newland's nomination to
the full Senate. We hope that the full Senate will confirm him in a
timely manner so that he can get to work in his new position as quickly
as possible.
Sincerely,
Jamie Stuck, Chairman
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