[Congressional Record (Bound Edition), Volume 149 (2003), Part 7]
[Senate]
[Pages 9588-9589]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       NOMINATION OF ROSS SWIMMER

  Mr. DORGAN. Madam President, I necessarily missed last evening's vote 
on the nomination of Ross Swimmer to be the Special Trustee for 
American Indians because of a family obligation. However, had I been 
present, I would have opposed this nominee, as I did when his 
nomination was considered by the Committee on Indian Affairs, on which 
I serve. I would like to take a few moments to explain why I do not 
support this nomination.
  Ordinarily, I believe the President has the right to choose who will 
serve in his administration. The position of Special Trustee for 
American Indians is unique, however. Congress created the position of 
Special Trustee in 1994 in large part because of the historical failure 
of the Department of the Interior to live up to the Federal 
Government's trust responsibility to Native Americans. The Special 
Trustee was and is intended to be an advocate on

[[Page 9589]]

behalf of tribes and individual Native Americans to ensure that those 
trust duties are met. In my view, Native Americans deserve someone in 
this position in whom they can have confidence. Regrettably, Mr. 
Swimmer is not that person.
  Many tribal leaders from my State have shared with me their very deep 
concern that Mr. Swimmer would not be an independent voice and advocate 
on behalf of Native Americans within the Department of the Interior. In 
fact, under previous administrations and in recent months, he has been 
an integral part of the Department of the Interior team that has sought 
to implement trust management reforms without the full support of and 
consultation with the Native Americans whose assets they manage. To 
many of my Native American constituents, this is akin to allowing the 
fox to guard the henhouse.
  Nevertheless, Mr. Swimmer has now been confirmed by a majority of the 
Senate to serve as Special Trustee for American Indians, and I wish him 
success in that position. He has made a commitment to me and others to 
consult with tribes in a timely and meaningful way, and I will 
certainly be working with Mr. Swimmer to ensure that is the case.

                          ____________________