Senate Committees weave narrative of Native priorities in Congress
By Megan Alvanna-Stimpfle Historic confirmation hearings of the Senate Committee on Energy and Natural Resources were held on the nominee for Secretary of Interior, U.S. Rep. Debra Haaland, to serve as the first Native American cabinet secretary. “This historic nature of my confirmation is not lost on me, but I will say it’s not about me,” she said. She rather hopes this moment will be “an inspiration for Americans, moving forward together as one nation, and creating opportunities for all of us.”
Haaland (D-NM) led the House Natural Resources Committee as Vice Chair which gave her congressional oversight powers of the Department of Interior. She introduced herself to the Committee in her Native language and with traditional protocol she acknowledged the ancestral homelands of Washington D.C., “the Nacotchtank, Anacostian and Piscataway people,” said Haaland. In her introduction she honored her mother watching from Isleta Pueblo and the “generations of ancestors who have sacrificed so much so I could be here today.”
“Watching a fellow Pueblo woman skillfully weave her traditional identity with her national role makes me feel like this country is expansive enough for all of us and gives me hope that we are moving toward a truer, more just version of fulfilling America’s promise,” said Jacqueline De León, Isleta Pueblo, NARF Staff Attorney, and former law clerk for the Alaska Supreme Court.
Rep. Don Young, Alaska’s sole Republican member of the House of Representatives and most senior member of Congress introduced Haaland to help set the stage for western Republican Senators concerned about the Biden executive order pausing oil and gas leasing on public lands.
“I urge the confirmation of Deb for Secretary of Interior,” said Young. “Respectfully, you’ll find out she will listen to you,” he continued. “Another reason I support her is she is an American Indian. It’s a long time overdue.”
As the nation recovers from the COVID-19 pandemic, Haaland said that she fully understands the role Interior plays in American’s Build Back Better, the President’s economic recovery plan. The humble knowledge of what it means to “live paycheck to paycheck” will help provide meaningful knowledge to the President’s cabinet of the challenges many people living in poverty face.
In her testimony she laid out her vision for serving all Americans. “Harnessing the clean energy potential of our public lands and to create jobs in new economic opportunities,” said Haaland. “I will work my heart out for everyone, the families of fossil fuel workers who help build our country, ranchers and farmers who care deeply for their lands, communities with legacies of toxic pollution, people of color whose stories deserve to be heard.”
The meaningful introduction gave way to the state of political division that reflects American politics today. Rep. Haaland was often interrupted by Republican lawmakers, who have coined her nomination as ‘radical.’ Sen. Barrasso (R-WY) framed his opening questions with the expectation for only ‘yes’ or ‘no’ answers on the responsibility of the Department of Interior in the permitting of oil and gas projects, coal mines, natural gas pipelines, oil pipelines, electric transmission lines and nuclear power plants. Haaland expressed, that she would “follow the law” on these matters.
Barrasso highlighted that three members of the Committee were medical doctors who believed in science, in response to a tweet of Haaland suggesting members of the party had a hard time believing in science. Sen. Cantwell (D-WA) alternatively asked Haaland if she would support a science-based approach to protecting the Arctic National Wildlife Refuge. “We will be guided by science in all of those decisions,” said Haaland.
Haaland’s confirmation hearings were held over the span of two days, Feb. 23 and Feb 24. Her confirmation vote remains to be scheduled by the Committee, which if approved will be referred to the floor of the United States Senate for an up or down vote.
The moment was a special one for Native communities across the country, many tuning in to watch her hearing.
“Auntie Deb Haaland, as she is known to by many Native Americans, would elevate Alaska Native issues and give us a seat at the table,” said Melanie Bahnke, President & CEO of Kawerak Inc. “Ironically, there are some who are threatened by the thought of having a Native American at the helm of the Department of Interior, when we were the first stewards of these lands and are intimately connected to our environment. She is highly qualified and has pledged to work in a bipartisan manner to advance our issues. We need more opportunities to participate in our democracy at the highest levels and I fully support her appointment as the first Native American Secretary of Interior. I’ve been working with her on other issues prior to her nomination and she has pledged to visit Alaska. I look forward to hosting her in the Bering Strait Region.”
“I watched intently the two-day confirmation hearings of the Honorable Rep. Deb Haaland from home beaming with pride, for her, her story and what she represents. Our country could not be presented with a more qualified and relevant nominee for U.S. Secretary of the Department of Interior. Like Congressman Young, we expect to see strong support from Senator Murkowski and Senator Sullivan to confirm Rep. Deb Haaland for this important leadership position,” said Andrea Akalleq Burgess, President and Co-founder of Native Peoples Action, an Anchorage based native advocacy group.
Defining Indian Self Determination in Alaska
This week Native leaders from across the country testified on the need for housing and broadband infrastructure in Native communities before the Senate Committee on Indian Affairs. In his first hearing as Chairman, Senator Brian Schatz (D-HI) called the hearing “A call to action: Native communities’ priorities in focus for the 117th Congress.” The 117th Congress will embody lawmaking in the next two years (20212022).
Julie Kitka, President of the Alaska Federation of Natives, representing Alaska’s tribal organizations and Native corporations, reminded lawmakers that the work of addressing the impacts of the Coronavirus pandemic is not over. She highlighted the need to support tribal health, focus on vulnerable populations and the recovery of the economy.
The Committee hearing, held on Wednesday, Feb. 24 reflected the tenor of relationship between tribes in the Lower 48 and Alaska Native organizations on the definition of ‘Indian Self Determination’ in federal Indian law.
In 2020, litigation was brought forth by the Confederated Tribes of the Chehalis Reservation, Cheyenne River Sioux Tribe and the Ute Tribe of the Uintah and Ouray Reservation against the Secretary of Treasury to help define whether Alaska Native corporations were eligible for millions in federal coronavirus relief under the CARES Act. A D.C. Court of Appeals ruling last September held that Alaska Native corporations were ineligible.
The central question of the litigation is whether or not Alaska Native corporations should be included in the definition of Indian tribe of the Indian Self Determination and Education Assistance Act. Known as ISDEAA, the federal law among many things, authorizes tribes to contract or compact with the United States government for the delivery of tribal health and social services. The Indian Self Determination Act was a paramount change in federal Indian policy, ending the era of termination.
The Department of Interior holds land in trust for Indian tribes. The Alaska Native relationship with the United States, Kitka defined, includes the landmark Alaska Native Claims Settlement Act. Indian selfdetermination in Alaska operates under “three distinct but interrelated entities – the respective tribe, corporation (regional and village), and tribal nonprofit organization” said Kitka.
Giving context to the definition of ‘Indian Self Determination’ in Alaska, Kitka stated in written testimony: “Under Alaska’s unique form of tribal self-governance and Native self-determination, Alaska Native tribes retain the inherent sovereign authority to govern their members. ANCs and tribal organizations do not possess self-governance powers. Rather they manage (and own) Alaska Native lands, and tribal organizations provide social services.”
Vice Chair of the Committee, Sen. Lisa Murkowski (R-AK) further addressed the unique framework of service delivery in Alaska asking President Fawn Sharp of the National Congress of American Indians on NCAI’s support for the service delivery system of tribal consortia in Alaska “There are services authorized by recognized tribes, but administered by their nonprofit” said Murkowski.
Sharp urged that as Congress includes definitions of tribal governments in legislation “that there is a clear distinction of our political status” and “we give deference to the tribal governments in Alaska.”
Senator Murkowski further stated for the record that this is not a situation where Alaska Native corporations are trying to assert sovereignty, “but they are built into the Indian Self Determination system that we have here.” said Murkowski.