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Senate · Hearing transcript

Hearings to examine the President's proposed budget request for fiscal year 2027 for the Bureau of

Wednesday, May 20, 2026

Summary

  • Committee approved eight tribal land bills en bloc including 99-year Mashpee leases, Elwha restoration, and Shingle Springs transfer to trust.
  • Clayton W. Fulton (Chief of Staff, Indian Health Service) requested $9.1 billion discretionary plus $5.6 billion advance appropriations to stabilize care.
  • Sen. Smith pressed Billy Kirkland on Interior's Boundary Waters mining decision without tribal consultation required by treaty rights for Minnesota's 1854 Treaty tribes.
  • Senators from both parties opposed the proposed 27% BIA and 32% BIE cuts as violating trust responsibilities and vowed to restore funding through appropriations.
  • Sen. Hoeven left the record open two weeks for written questions as appropriators prepare to reject proposed cuts and restore tribal health, education, and public safety funding.

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Hearing Details

Witnesses

Members Who Spoke

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Transcript

Sen. Cantwell (WA)15:48 – 15:49

Oh, hi.

Sen. Schatz (HI)15:49 – 15:50

My opening statement is this one.

Sen. Murkowski (AK)15:51 – 18:06

Yeah, yeah, yeah. Afternoon everyone, committee comes to order. We're meeting to consider eight pieces of legislation this afternoon, four Senate bills and their House companion bills. These land related measures will benefit tribes, tribal members and surrounding communities. First, S two thirty six and H R six eighty one would amend the long term leasing act. to authorize leases of up to ninety-nine years for land in the Mashpee Wampanoag tribe reservation and land held in trust from for the Wampanoag tribe of Gay Head. This would allow both federally recognized tribes in Massachusetts to lease trust lands to support tribal economic development. Second, S fifteen thirteen and H R two three eight eight, the Lower Elwha K- uh, Kullalam Tribe Project Lands Restoration Act would take approximately a thousand eighty-two acres on the Olympic Peninsula in Washington State, currently managed by the National Park Service into trust for the lower Elwha uh Kualalaam tribe. This legislation would complete the restoration of the Elwha river ecosystem and fisheries and return stewardship of the river and cultural homelands to the tribe. Next on the agenda is my bill S twenty ninety eight, the South Central Foundation Land Transfer Act of twenty twenty five and its house companion bill H R thirty six twenty, sponsored by Cons- Congressman Begich. This legislation would convey approximately three point three seven two acres of land from the Department of Health and Human Services to the South Central Foundation for use in connection with health and social services programs. This transfer would allow South Central Foundation to continue providing services through the Kweana clubhouse and enable SCF to finance capital improvements on the property to expand outpatient programming. And finally, S twenty seven thirty five and HR twenty three zero two, the shingle Springs Ban Miwok Indian Lands Transfer Act would take approximately two hundred and sixty-five acres of BLM land into trust for the Shingle Springs tribe. The tribe plans to use one hundred and eighty-five acres of one parcel to build much needed housing for tribal members while the remaining acreage will be actively managed to reduce wildfire risk and preserve open space. Each of these bills is important to the Native communities that would benefit from their enactment uh so I want to thank each of the sponsors for their work on the measures,

Sen. Schatz (HI)18:15 – 18:36

Thank you, Chair Murkowski, for convening this business meeting. Today these bills advance tribal sovereignty and self-determination through tribal decision-making over their own lands, resources and services aligned with the needs of the members. I urge my colleagues to vote to advance each of these bills and to work with me and the Chairman to pass them out of the Senate and eventually into law.

Sen. Murkowski (AK)18:38 – 19:17

Thank you, uh, Senator Schatz. We we new need six members physically present to report the legislation from the committee um because we can't presume a quorum to report legislation uh at the business meeting. So, um uh I'll ask members if they wanna make a statement on any of the the measures that we have in front of us but before I do I want to acknowledge Senator Armstrong. Um he is I think this is your first meeting of the Senate Indian uh Affairs Committee, so we welcome you to the committee. We actually um like working on these issues in front of us for the most part, so

Sen. Schatz (HI)19:18 – 19:18

Mm-hmm.

Sen. Murkowski (AK)19:18 – 19:25

uh I I'm I'm glad that you're part of of our team and I look forward to working with you on these matters.

Sen. Cantwell (WA)19:27 – 21:05

Madam Chair, Senator Cantwell, thank you uh uh Chair Murkowski and Vice Chair Schatz for holding this business meeting, really appreciate the fact that you two continue to work together on these important policies. I appreciate S fifteen thirteen, the Lower Elwha Clallam Tribe Project Lands Restoration Act being on the agenda. This is a very important part of our state and the Lower Elwha Clallam Tribe play an important role in a variety of issues, uh, in the state of Washington. S fifteen thirteen, uh, would, as you said Madam Chair, transfer a thousand acres of land outside the boundaries of the Olympic National Park to be held in trust for the lower Elwha Kualam tribe. These lands were originally acquired by the park service to remove two dams on the Elwha River and open up more than seventy miles of salmon habitat. After decades of advocacy and the completion of the Elwha ecosystem restoration project over twelve years ago, It was time to return this land to the Lower Elwhal tribe. Taking this land into trust boosts the habitat restoration efforts led by the Lower Elwhal tribe and federal agencies. It will help us in the recovery of all five species of Pacific salmon and other native fish and preserve the tribe's cultural and natural resources along the river. Passing this bill is an important action for the Lower uh Oh, well, Clallam tribe. And I look forward to getting it, uh, signed into legislation. Again, thank you to you and the chairman for including it on today's mark-up.

Sen. Murkowski (AK)21:07 – 21:49

Thank you, Senator Cantwell. Uh, we do have six members present. Are are there any other, before we move to to take a vote, are there any other members that would wish to make a statement at this point in time? Okay. Let's move to, uh The business portion of the meeting, we do have a quorum present. On the agenda are eight items numbered one through eight. You and your staff received copies of the agenda for this business meeting on Friday in accordance with committee rules. So I would ask unanimous consent to take up on block and adopt the eight items on the agenda numbered one through eight. Is there objection? Hearing no objection, the question is on agreeing to agenda items one through eight on block. All those in favor say aye.

Sen. Cantwell (WA)21:49 – 21:50

Aye. Aye.

Sen. Murkowski (AK)21:50 – 21:50

Aye.

Sen. Cantwell (WA)21:50 – 21:50

Aye.

Sen. Murkowski (AK)21:51 – 30:09

any opposed say nay. The ayes appear to have it, the ayes do have it, the bills are agreed to, and that concludes our business. So I wanna thank members for getting uh that out of the way quickly. Um and uh I'm I'm pleased then to to be able to move to the next phase of of our meeting today, which is to welcome the Assistant Secretary for Indian Affairs, Mister Billy uh, Kirkland, um, along with his Chief of Staff and Miss Jillian Curtis. So, we will conclude this portion of the meeting and move into our budget hearing. Mm. Okay, we're back on the record here. Uh, we have an oversight hearing this afternoon, um, to examine the President's budget request for Indian Affairs at the Department of Interior and for the Indian Health Service for fiscal year twenty twenty seven so welcome to our witnesses today Assistant Secretary for Indian Affairs, Mister Billy Kirkland. Um, I will note, uh, Assistant Secretary, this is your first appearance uh before the committee, so uh since your confirmation, so welcome to you. We have Mister Clayton Fulton who is the Chief of Staff for the Indian Health Service. He has assumed the delegable duties of the IHS Director. Um, we appreciate that. Uh, many of us would like to see the administration submit a formal nomination for Director of Indian uh Health Service. No, no offense to you, we appreciate your business and uh your your uh interest in in helping us work through so much of the business. And then we have Ms. Jillian Curtis who is the Director of the Office of Finance and Accounting at the Indian Health Service as well. Um as I mentioned to uh to to Senator Armstrong, this is a committee that uh uh works on some some good issues and and hopefully issues that um we feel good about uh uh advancing. We've got a long bipartisan tradition of moving forward tribal uh priorities. Um as we as we look to to the budget in front of us, you know, we we have a saying around here that uh the the executive proposes, the Congress disposes, and and uh we're kind of in that same mode. Uh as I look at the proposed FY twenty-seven budget for Indian affairs programs um I've I've got questions as to whether or not it will meet the the well-documented needs across Indian country. Uh, you look to the proposed reduction of more than one third to the operation of Indian programs along with the elimination of programs ranging from welfare assistance to tribal community resilience. I look at that and and I get concerned about it. Um, so I I I I wanna start the um the hearing this afternoon, Assistant Secretary, uh with my acknowledgement and and and genuine thanks for your willingness to come to Alaska a couple weeks back um to hear directly from tribal leaders who uh were primarily from the Yukon Kuskokwim Delta. Uh you can't get further from Washington DC to places like uh Kipnuck and Quigilingok. Uh you heard voices during that two-part field hearing uh about the the disaster that had just profoundly um devastated these communities and the environment uh uh around them. And uh in the tribal listening session that we had towards the end of the second day, I was particularly struck by words from Charlotte Nijagak, from Chivac, and she said, "Finally someone from out there, not just from Alaska, finally somebody is listening to us, we need this, we need this help." And, you know, it was just such a powerful reminders that these folks are just asking to be heard. These communities are asking to be heard, to be respected, and to be partnered with as they confront some really, um, challenging, some would say, existentia existential threats to their their villages and their way of life. The the federal support that you announced, um, Assistant Secretary is is an important first step in a longer, complicated process involving infrastructure hardening, pre-disaster mitigation, recovery, and in some cases relocation for affected villages. But for these efforts to succeed, Native communities must continue to have a seat at the table. Agencies like the BIA must remain engaged and responsive and and really willing to listen directly to those who have been impacted. And these communities are are are telling us What they need, our responsibility is to hear them out, to work alongside them to ensure that they have support and resources that they need for them and their families. Um, so let's get to the budget here, or the proposed budget for IHS. Uh, Mister Fulton, over the the last year we saw the importance of advanced appropriations for the IHS, uh, long prolonged government shutdown in twenty twenty five. I first introduced legislation to provide advanced appropriations for IHS back in twenty. Um, we ultimately enacted that policy some ten years later through the Interior Appropriations Bill so I'm pleased to see the President's FY twenty-seven budget continue to ad- uh the advance appropriations. We have heard uh significant concerns from tribal health leaders, particularly in Alaska about the ongoing IHS realignment of the agencies' structure and operations. At the same time, I'm keenly aware of the increasing pressure on the IHS budget from contract support costs and the one O five L lease costs, all of which have to be balanced in the interior appropriations. It's kinda hard for me, I'm not only the the Chairman on the authorizing side, I'm also Chairman on the appropriating side, so I gotta figure it out on both ends and working with you, uh we need to to address this. So, uh to both of you I look forward to hearing from you about how this proposed budget takes the priorities tribal leaders have raised across the country. Um, and, and if I can just take the privilege of the chair for just a moment before I turn the, the uh, the microphone over to Vice Chairman Schatz. I wa- I wanna recognize um, a woman on my committee, uh, Sarah McInnis. She's one of the professional staff members here at SCIA. She's a very important member of my team. This is Sarah's last week with us before she goes off to um Harvard Law School in the fall. Um, I've reminded her that there's a lot of time between now and the fall, but apparently she wants to have a little bit of a life before she she, um, does that. But I wanna thank her publicly for her hard work, for her professionalism, her dedication to doing good policy work for Indian country. She, um, she came to the committee in twenty twenty three, she was a staff assistant. Um, about as low on the totem pole as you can get there, she's leaving us as a professional staff member. And I think this is a reflection of both her talent and her teamwork. Um, she has helped us develop this, uh, uh, Native Children's Commission, um, uh, draft. I'm very proud of the work that she and, and several others have put into it. But she's really played a very key role in keeping us organized, uh, keeping us, um, moving in the right track. And, uh, I just want to say, thank you, Sarah, um, You got a lot ahead of you, but thank you for what you've given to our committee. So congratulations to you. You're welcome. And I will now turn to Vice Chairman Schatz for his statement.

Sen. Schatz (HI)30:10 – 33:41

Uh, thank you, Chair Murkowski. We're here to discuss uh the budget request for fiscal year twenty seven, and I'm sad to say that it falls short of its trust and treaty obligations to American Indians, Native Hawaiians and Alaska Natives. Just how short is a little unusual. Um, it's true to say that a lot of times a budget comes in a little short and then we make up the difference, but this is a little different. The overall request for BIA is one point eight billion dollars, a six hundred and forty seven million dollar decrease from fiscal twenty six, and while the request for the Indian Health Service increases funding and includes advanced appropriation. It cuts funding for key programs required by law and supported on a bipartisan basis, such as sanitation facilities for tribal homes, special diabetes programs for Indians, and scholarships for health professionals. Cross agencies, the administration's proposed budget is underfunding federal programs that carry out federal trust and treaty responsibilities to Native communities, impacting all five hundred and seventy-five tribes and millions of individuals across Indian country. Here's what the budget actually does. It cuts BIE by thirty-two percent and BIA by twenty-seven percent, over a billion dollars total. It eliminates the widely successful, two YA program. It cuts funding for tribal thir six thirty-eight contracts and compacts despite claiming to support these authorities. It guts tribal government and human services programs. It cuts funding for resource management and road maintenance. It completely defunds tribal colleges and universities except for two, directly operated by the BIE. It eliminates several behavioral health programs. Let me put a finer point on it. If enacted, these cuts would mean less self-determination and self-governance, fewer tribal police officers, and underfunded tribal courts, less funding for job job training, roads, housing, teachers, schools, ICWA compliance, and keeping Native families together. Closure of tribal colleges and universities, continued gutting of BIA, BIE, and interior regional offices, leaving tribes unable to even find the federal employee that could provide any help. And that's on top of the impacts that we've already seen from this administration over the year and a half. Tribes and tribal organizations are feeling the effects of agency reorganization and reduction in force efforts. Staffing levels across agencies, including IHS, are down. Tribes have lost contacts and relationships. spend years forming as regional offices close, and tribes and Native Hawaiian organizations are facing uncertainty and stability, as the federal grants that they rely upon are abruptly and often without any notice at all, cancelled, delayed, or even transferred. It's disappointing, but let's remember that this administration proposed similar cuts last year and Congress rejected them on a bipartisan basis. So as a member of this committee and the Appropriations Committee, and being pretty good friends with the um key appropriator um uh uh and chair of the relevant committee on the appropriations uh committee, we are going to continue to fight against these cuts and protect federal funding, funding that the United States promised to provide through treaties laws and court decisions. We must demonstrate through our actions that the federal trust responsibility is not an inefficiency to be eliminated, but an enduring commitment that rises above partisan politics. Thank you.

Sen. Murkowski (AK)33:43 – 34:26

Thank you, Senator Schatz. We will now turn to our witnesses. Uh, Assistant Secretary Kirkland, welcome again to the committee. Uh, appreciate you being here this afternoon. Uh, once uh Assistant Secretary has made his remarks, uh, Mister Clayton Fulton, the Chief of Staff for the Indian Health Service of the Department of Health and Human Services will will provide his testimony. And it's my understanding, Miss Curtis, that you are providing back-up. Got it, got it. So, I appreciate that. Um, uh, gentlemen know that your fir full comments will be included as part of the record. We'd ask that you try to keep your remarks to about five minutes, so that we have plenty of time for the Q and A. So, Assistant Secretary Kirkland, please proceed.

Billy Kirkland (Witness)34:27 – 34:30

And is that back-up for both of us or how's that work? Just

Sen. Hoeven (ND)34:31 – 34:33

We should definitely back up.

Billy Kirkland (Witness)34:33 – 38:41

Thank you. Thanks again for the warm welcome. Um, Chairman uh Markowski, Vice Chairman Schatz. Appreciate you all welcome having us here today to the f- committee as well. My name is Billy Kirkland. Um, I'm enrolled member of the Navajo Nation and be currently serving as the Assistant Secretary for Indian Affairs at the Department of the Interior. And thank you for having us here today to testify on the President's fiscal year two thousand twenty-seven budget request. I appreciate the committee's continued leadership and long-standing commitment to upholding the federal government's trust and treaty tribal nations, American Indians, and Alaska Natives. The mission an- an- the mission of Indian Affairs is to uphold our trust and treaty responsibility while improving the quality of life across Indian country. We do this by strengthening government to government relationships, supporting tribal self-determination, and ensuring tribes have the tools and flexibility to necessarily serve their communities. In support of our mission, the FY twenty-seven budget request for Indian Affairs totals two point eight billion dollars across the Bureau of Indian Affairs, the Bureau of Indian Education, and the Bureau of Trust Fund Administration. Since taking this role, I've traveled across the country meeting with tribal leaders and communities and one message remains con- one r- message I constantly hear is that tribal nations want a federal partner that is responsive, accountable, and focused on results. Tribal leaders have emphasized the need for fewer delays, less bureaucracy, and a government that upholds its trust responsibility, not just in principle but in practice. This budget is intended to meet that expectation. Under President Trump's leadership, Interior is upholding its commitment to supporting Indian country by allocating funds for energy development, public safety, and infrastructure. This budget will increase the efficiency of the department, cut red tape, and speed up approval processes for projects that improve Indian country. A major focus of this request is supporting tribal self-determination and stewardship of trust resources. The budget includes investments in trust natural resource programs, that support tribal energy development, active forest management, and stewardship of trust lands. Earlier this month, the department approved the nation's first ever tribal resource agreement with the Southern Ute Indian tribe. An important milestone that increase increases tribal authority over energy development decisions on tribal land while reducing unnecessary This agreement demonstrates how tribal nations can exercise greater control of their own resources while helping advocate advance reliable and domestic domestic energy production. The budget continues to support tribal self-determination. We are requesting funding for the tribal priority allocations program, which provides tribes the flexibility to set priorities based on their needs of their own communities. The budget also fully, contract support the b- the budget also fully funds contract support costs for payments for tribal leases under section one O five L of the Indian Self-Determination and Education Assistance Act. Another key priority is improving trust services. For far too long, the probate backlog and outdated processes have delayed opportunities for families and limited the productive use of trust lands. This request includes resources that modernize the probate operations, reduce the backlog, and improve the trust management systems so these systems will work better in the future. The syst- the safety and security of tribal communities is a core priority for the department. Earlier this month, the department launched a new Indian country violent ti- violent crime task force to strengthen coordination among tribal, federal, and state law enforcement partners and combat violent crimes, drug trafficking, and crimes against children and tribal communities. The budget continues to support tribal law enforcement, detention centers, and tribal court programs throughout the Office of Justice Services, while also strengthening investigative and public safety capa- capacities across Indian country. The budget is about carrying out core responsibilities in a more effective and accountable way. It focuses on strengthening tribal communities, improving service, deliverables, supporting economic opportunities and ensuring the federal government ra- remains a reliable partner to tribal nations. Thank you again for the opportunity for being here today. I look forward to your questions.

Sen. Murkowski (AK)38:42 – 38:45

Thank you, Assistant Secretary. Mister Fulton, welcome.

Clayton W. Fulton (Witness)38:45 – 42:23

Perfect. Thank you, Chair Murkowski, Vice Chair Shantz, and members of the committee. We appreciate the opportunity to come testify on the President's fiscal year twenty twenty-seven budget for the Indian Health Service. I want to start by thanking this committee for its long-standing support. Over the past several years, the investments made by Congress have increased the IHS budget by sixty percent, and strengthened health care across Indian country. And that is progress that does matter. Our goal with the FY twenty twenty-seven presence budget is to build on that very foundation. It advances our mission to raise the health of Americans in Alaska Native communities, and to fulfill the federal trust responsibility, by supporting a system of over six hundred facilities. forty-one urban Indian organizations that serves nearly three million people annually. This get budget is primarily guided by three priorities, strengthening the future of the Indian health service, improving health outcomes, and supporting tribal self-governance. First, we're working to modernize the IHS system. Our current structure is not sustainable. As more and more programs become operated by tribes, The Indian Health Service must evolve to meet the realities of what the system now demands of it. We are actively evaluating changes that streamline operations, that reduce administrative burdens, and improve accountability, so that our providers can focus on patient care, the thing that really matters. Second, this budget prioritizes direct health care services. It includes nine point one billion dollars in discretionary funding, and continues to advance continues to advance appropriations to ensure stability of care in shutdowns just like the one the chair mentioned we're investing in core elements that are needed to deliver that high quality care that includes eighty four million dollars to staff and operate new and expanded facilities so they can operate as intended that includes two hundred and sixty five million for current services to keep pace with inflation population growth and increasing workforce demands additionally there is five million dollars for increased oversight of IHS operated hospitals and health clinics in order to improve our system-wide performance. Uh together these investments ensure that care remains consistent and accessible in each and every tribal community. We're continuing to modernize our health information system. The budget includes a two hundred and eighty-seven million dollars for electronic health record modernization. This is a critical investment to improve the way care is coordinated, the efficiency and long-term outcomes in our communities. The same time we're addressing the long-standing infrastructure needs. The budget includes an additional five million dollars for healthcare facilities construction, and while thirty-six of the forty-two priority list projects from the nineteen ninety-three list reme we still are d completed, six still remain. The secretary has also committed a multi-year pledge of one million of one billion dollars in existing HHS resources to go to help us try to finish this nineteen ninety-three priority construction list. Modern facilities are critical to delivering safe and high quality care. As some of our facility engineers told me just yesterday, hospitals are our biggest patients, and we're constantly working to keep them afloat. Third, the budget strengthens tribal self-governance by fully funding contract support cost and tribal leases under section one O five L. These investments support tribal control as tribes continue to take on their health systems and tailor them in a way that is unique to their community and their needs.

Sen. Murkowski (AK)42:27 – 42:27

Mm.

Clayton W. Fulton (Witness)42:28 – 43:52

The budget also includes initial funding for newly recognized tribes, including the Lumbee tribe of North Carolina and for statutorily required funding for the United Catoa Band of Cherokee Indians. These resources ensure that access to care is there as services continue to expand. In alignment with the Secretary's Make America Healthy Again pledge, this budget supports efforts by in proving outcomes and reducing disparities through programs such as our pilot our produce pilot prescription program which aims to reduce food insecurity, improve dietary health, and health outcomes. Recent investments have contributed to measurable success, including an increase of two point three years in the average of life expectancy for Alaska Natives and American Indians in twenty twenty two. with additional increases coming in twenty twenty three. Finally, I want to highlight the importance of the advanced appropriations. This resource ensures that care continues uninterrupted despite things like our recent government shutdown. The FY twenty twenty seven budget six builds on that success by requesting five point six billion dollars in advanced appropriations for FY twenty eight to ensure that stable and predictable funding is available for tribes as they continue to plan. In closing, this budget is about delivering on fundamental commitments and by ensuring American Indians and Alaska Native communities have access to high quality, reliable health care, no matter where they are. Thank you.

Sen. Murkowski (AK)43:52 – 45:13

Thank you, Mr. Fulton. Right, let's begin with our round of questioning. Um, uh, Sister Secretary, I'm gonna begin with you, um, uh, again, I, I really appreciated that you, you came to Alaska and you were, uh, participating in this field hearing on, um, on the impact uh to our coastal communities um and and how how we how they can be more resilient in the face of of uh ongoing threats from erosion flooding uh permafrost, uh failing infrastructure. Um it's all complicated, it's long in duration, and it's very costly um but as I as I have mentioned and I just came from giving a a speech on the floor uh, before this hearing, Yes. um, part of the challenge that I think we have, um, is that Yes, yes. you don't really have a lead agency when it comes to how we deal with, Yes. Mm-hmm. um, these disasters and, and, and particularly as we're talking about, Yes, yes, yes. Mm-hmm. um, uh, Yes, yes, yes, yes, yes, yes, yes. tribal relocation. BIA is not formally designated as the, the federal lead, Okay. um, but I think more and more you're seeing tribes that are looking to BIA as the primary partner coordinating across these agencies and helping communities navigate.

Clayton W. Fulton (Witness)45:13 – 45:13

Mm.

Sen. Murkowski (AK)45:13 – 45:19

Um, you kinda suggested at the hearing BIA and Indian Affairs are not,

Clayton W. Fulton (Witness)45:14 – 45:14

Okay.

Sen. Murkowski (AK)45:19 – 45:44

uh, specifically the lead, but they are the lead agency, so almost by default, um, uh, so, um, I, I wanna, I want to just have you share, um Having given some thought since that hearing to, um, how how the department and BIA are are approaching this responsibility,

Billy Kirkland (Witness)45:39 – 45:40

Yeah.

Sen. Murkowski (AK)45:44 – 46:27

what kind of a role you see BIA playing in in perhaps coordinating long-term, uh, tribal resilience relocation efforts. Uh, I mentioned in my comments, um, the, uh, the announcement coming from, uh, your department on the community tribal community resilience, that that helps, but we all know that there's more needed there, so um can you kind of give me an update uh in con- connecting the dots about how we can address the challenges with lead a lead federal agency and um whether or not there's perhaps additional authorities or or resources or inter-agency coordination, we need to be looking to.

Billy Kirkland (Witness)46:31 – 48:45

Uh thank you very much, Senator, and I I was excited to uh come up and and uh visit Alaska and I appreciate you and your staff for the uh hospitality but also for the uh the ability to show me a really real situation out there. Um uh you talk about uh just having your eyes open. I don't know that um unfortunately there's a there's a Christmas carol that um i- it will never have the same meaning uh i- it was i- I don't know that you can explain it unless you heard that little girl talk about it. Um a- and and you're right, there are a number of of agencies that are involved in the the process in Alaska. I think first and foremost um mentioning whether or not there is a relocation. Um, you know, there were I I believe the m- I like it it's like a kind of like a straw poll, right? The folks that I were able to speak to, I felt like the majority of those individuals didn't wanna relocate. I'm sure there are some that maybe uh don't so I think first and foremost figuring out that process and that's gonna be a lengthy involved process in which it's gonna take more trips more talking more intimate conversations and tough conversations with whether or not these individuals want to leave in many cases the only homes the their families have known for years on end um I think in in the role that the BIA serves we have a permanent footprint in Alaska we have a a Regional Director there we have an office there not specifically that is in Bethel full-time but that is um able to get able to get to Bethel, able to meet with the folks in those areas and in the regions where folks might wanna relocate I think that it only makes sense that that uh the uh a at Indian Affairs and within the BIA that we're communicating with you and your staff we're commuting communicating with the committee um as much as possible to figure out how we can not just maybe lead the effort currently and moving forward, but also build a team to best serve and make sure that any type of relocation that takes place or any type of rebuilding that takes place, we make sure that, uh, those families aren't forgotten. I think it's easy to respond to an emergency, uh, at the first step. It's easy to know that there was a tragedy. I think the, uh, the tough part is sticking around and making sure the job gets gets finished.

Sen. Murkowski (AK)48:45 – 48:46

Well,

Billy Kirkland (Witness)48:46 – 48:46

And

Sen. Murkowski (AK)48:46 – 49:16

and and that's where I wanna make sure that we don't drop the ball, um, that we don't leave the impression that The disaster is now past and all is fine. Um, uh, you have displaced families that may be displaced for a period of time. Uh, you mentioned a community consensus. Um, solutions also need to be, uh, community driven. Um, but I think we also need to recognize that even if you have people who want to go back, it may not be safe to go back.

Billy Kirkland (Witness)49:15 – 49:16

Correct.

Sen. Murkowski (AK)49:17 – 50:11

When you have land that, again, feels like you're walking on a waterbed, or or or jello pad is what it was described as, or the lands are so contaminated it's not, it is just not safe uh for you and your family. So these are all, these are big decisions and I I appreciate what you're sharing, um which is a desire to work with us, to work with impacted communities, but again recognizing it's not just two communities that we're talking about, it is what happens when the next disaster strikes. And I'm speaking about Alaska's example, but my colleague and friend here is is still living with the trauma from the Lahaina fires. Um, that that fire may be over, those people may in fact be returning to a place that they barely even recognize, but the trauma from that does not leave them. I'm over my time, I will turn to Senator Shaw.

Sen. Schatz (HI)50:13 – 50:24

Thank you, Chair. Thank you to the testifiers. Um, I wanna start with you, Mr. Fulton. Nice to meet you. Um, so fiscal year twenty four was the last year that IHS hired more employees and it lost.

Sen. Murkowski (AK)50:24 – 50:24

Mm-hmm.

Sen. Schatz (HI)50:24 – 50:46

Um, during this administration, IHS has twelve hundred fewer employees than it did two years ago. That's a nine percent reduction, that's a nine percent reduction on top of a thirty percent vacancy rate. And so the committee is a bit in the dark about this new hiring initiative and

Sen. Murkowski (AK)50:46 – 50:46

Mm-hmm.

Sen. Schatz (HI)50:47 – 51:11

Um, we've been trying to understand what you're up to and and I don't mean this to be provocative, I actually just wanna know what you're up to. Uh, I'll just observe that there are only so many things you can do in terms of recruiting techniques or processing uh uh uh procedures um to increase the rate at which we hire people,

Clayton W. Fulton (Witness)51:08 – 51:08

Mm-hmm.

Sen. Schatz (HI)51:11 – 51:25

because so much of it is structural, it's pay, it's whether we have the money, it's housing especially. Um, but I'm interested in what this is and also just as a more broad point, the prerogatives on a bipartisan basis of this committee, like we should know what it is.

Sen. Murkowski (AK)51:23 – 51:24

Mm-hmm.

Sen. Schatz (HI)51:25 – 51:28

And it shouldn't be that we have to pull teeth to figure out what you're up to.

Sen. Murkowski (AK)51:25 – 51:26

Right.

Sen. Schatz (HI)51:29 – 51:38

We're supposed to do our oversight, but we have a pretty good tradition of being collaborative here, but we can't be collaborative if we don't if we don't know what you're up to. So this is your opportunity to tell us what you're up to.

Clayton W. Fulton (Witness)51:38 – 52:42

Well, perfect. Well, thank you, Vice Chair. Appreciate the opportunity to share. As you mentioned, staffing is probably the biggest challenge that the Indian Health Service faces. it's do we have the right people there to provide care? And that is a challenge system-wide, both at i adjust rec facilities and at our six thirty-eights. And a lot of that will not, as you mentioned, is systematic and will not be solved overnight. But our goal is to make a deliberate push to hire thirty-three hundred new people into the agency this fiscal year. And while we have not hit thirty-three hundred yet, we are seeing several good signs that indicate a genuine interest to come and serve in tribal communities. We've received over ten thousand unique applicants who are interested in over three hundred jobs that we currently have posted within the Indian Health Service. We've also seen, we have nine hundred and thirty of tho- nine hundred and twenty-two of those, already interviewed, selected, and waiting to go through the process, with a nearly eighty percent selection r- or acceptance rate on those tentative job offers.

Sen. Schatz (HI)52:42 – 52:44

Okay, so I was gonna interrupt you just cuz we

Clayton W. Fulton (Witness)52:43 – 52:44

Go ahead. Yes, sir.

Sen. Schatz (HI)52:44 – 52:45

two and a half minutes,

Clayton W. Fulton (Witness)52:44 – 52:45

Nope.

Sen. Schatz (HI)52:45 – 52:47

so you're telling me the data is encouraging.

Clayton W. Fulton (Witness)52:45 – 52:45

Pleasure.

Sen. Schatz (HI)52:47 – 52:49

Okay, great. So get us that data.

Clayton W. Fulton (Witness)52:48 – 52:48

Yep.

Sen. Schatz (HI)52:49 – 52:53

And I don't know what the regular pace of updates would be reasonable

Clayton W. Fulton (Witness)52:51 – 52:51

Mhm.

Sen. Schatz (HI)52:53 – 52:58

without burdening with you with a terrible like reporting requirement, but certainly it seems to be monthly,

Clayton W. Fulton (Witness)52:56 – 52:56

Hmm?

Sen. Schatz (HI)52:58 – 53:10

quarterly, whatever. So we know where you're at. That's number one. Number two is I still haven't really heard you characterize this as a reorganization and this just seems like a hiring push and it's fine if it's that,

Clayton W. Fulton (Witness)53:09 – 53:10

Yep.

Sen. Schatz (HI)53:10 – 53:14

but I'm trying to figure out what you're doing differently and if we should be tracking that.

Clayton W. Fulton (Witness)53:14 – 53:52

Perfect. So there are two different portions that you may be referring to. One is our hiring charge to get people on board today, which has been enabled because previously HR and hiring efforts were spread across the agency done in localized area offices. Before I joined, that was unified under a single body. So we're able to work through that process more systematically. And I think that's why we're seeing significantly higher on-board rates than what has maybe been the historical approach. because of systematic changes. But then we are working on a broader realignment to make sure the agency is set up and structured in a way that is focused on the future.

Sen. Schatz (HI)53:51 – 54:22

Okay, got it. So for with the permission of the chair, can we can we make a request to you to reduce just to summarize all of this in writing and not don't make us wait a hundred and twenty days for a letter. Uh we just and it doesn't have to be perfect, we just need to know what you're up to. And this this there's lots of times where adversarial, this is not one of them. We just actually wanna know what is going on over here, is it going well, Do we have visibility into this? If you, if you've got all these, if you're meeting all your marks, awesome, tell us. If not, we should know that too. So, thank you very much. Um

Clayton W. Fulton (Witness)54:22 – 54:22

We can do that, sure.

Sen. Schatz (HI)54:23 – 54:55

Um Uh, Secretary Kirkland, good to see you. Um The secretary of the Interior testified in the House that Interior's budget cuts to tribal programs are cuts to programs that are ineffective and laden with overhead. What are we talking about? Which programs are ineffective and laden with overhead?

Billy Kirkland (Witness)54:59 – 55:09

Thank you for the question, secretary uh s I'm sorry, thank you for the question, Senator. I don't know if that'd be I don't know if you'd consider the promotion or not, but uh appreciate it and appreciate again the time to uh to be here.

Sen. Schatz (HI)55:08 – 55:09

It's a lateral move, yeah.

Billy Kirkland (Witness)55:09 – 55:12

Lateral move. Maybe it depends on the agency.

Sen. Schatz (HI)55:12 – 55:12

Yes.

Billy Kirkland (Witness)55:13 – 55:53

Um, and I well, I guess the state as well. So I think you're you're yeah, maybe maybe definitely lateral on your part. Um, the the bed the budget overall, eh the the core the core of our budget requests are getting back to the fundamentals of of BIA, making sure that we're providing services, making sure that we're being effective, making sure that we're we're utilizing our workforce development, and also any any duplicative program. So uh there there's a number that that you you've got and I'm happy to follow up with you and your staff and get more specific. But off the top of my head, um, there's duplex programs that uh loan programs that USDA offers. They're they're similar to SBA. Um, but happy to dive as deep as you want. I mean, I think that uh

Sen. Schatz (HI)55:53 – 55:57

I mean, I know I love I love the idea of looking at programs that provide the same

Billy Kirkland (Witness)55:54 – 55:54

the work

Sen. Schatz (HI)55:57 – 57:22

service and figuring out whether how they can work together or maybe even they can be merged but what you're proposing is a nearly thirty percent cut to BIA and BIE, and that's not like, you know, businesses when they do cutting like that, they make a five year plan, they account for the rate of inflation, they c- they they they like do it in a way that, where you can stay operational, right? And these are agencies that are, that were falling massively short before all of this. And so if there's efficiency to fi- I mean one of the lessons it seems to me of Doge is, it didn't save any damn money. Right? Violence to the administrative state might be cathartic if you hate the administrative state. But if you actually want the place to work better, then you have to work a business plan. And it can't just be decapitating agencies that don't have a political constituency that's powerful enough. And so work with us, because we're all for the efficiency too, and we're not sitting here defending a bureaucracy. We're defending these programs that provide services. So if they're doing it in a stupid way, in a duplicative way, in a heavy uh too much overhead way, that's fine. Let's talk about that. But a thirty percent cut and then just saying, well, the reason it's a thirty percent cut is because they're they're top heavy. I'm gonna need a little evidence for that before I I stipulate to it. Thank you. Sorry for going over overtime.

Sen. Murkowski (AK)57:23 – 57:25

Thank you, Senator. Senator Armstrong.

Sen. Mullin (OK)57:27 – 58:37

Yeah. Good afternoon and thank you all for joining us. Appreciate you all being here to offer your thoughts. This is this is a pretty dramatic um, change, and I'm I'm all for dramatic change. To the degree there's a plan. Um, and I'm really here asking questions to understand today, cuz I think you guys have got a lot of opportunity um, for improvement. And it looks like you're going after that. But I'll start with on the natural resources management piece of it, cuz that's a very sizeable cut, um, in in the space. And I wonder about, uh, exactly what you're going after there in Because if we sit here today, we've got a, you know, high oil prices, um, lot of these leases in in a lot of these areas have a big opportunity perhaps for a pickup in activity. And so I wanna make sure I understand, um, that we're not undermining the ability for the Indian nation and the tribes to be able to see the the resources developed on their lands. So maybe if you could talk, you you mentioned a little bit in your opening comments about Southern Ute tribe, so Maybe S- Secretary Kirkland, if you could hit on what's being done differently in that space, it'd be helpful.

Billy Kirkland (Witness)58:37 – 59:49

I think um specifically spe- spec- specifically, Senator, um in in the uh referencing of the Southern Utes um for and and the body would know better than I, but for over twenty years there's been a uh a system out there, a a little tool that that Congress came up with called the TERRA, which is the tribal energy resource agreement that allows and gives tribes specifically greater control over their own resources their ability to manage those better those their ability to negotiate um whether it's lease or negotiate with uh with industry providers and not having to work through us. So we were able to sign the first ever terror agreement with the Southern U, giving them more control over their their uh energy production and uh that's something that we want we wanna do more of. Um we wanna do more um approving those. We also wanna do more um efficiency in general. And that's something that uh you know we talk about um reorganization or we talk about workforce efficiencies um the bia um there's a lot of dedicated people in the in there there there's a lot of folks that have been there for a long time um but the uh the management layers in the organization structure is the same today as it was in the seventies

Sen. Mullin (OK)59:49 – 59:49

hmm

Billy Kirkland (Witness)59:50 – 1:00:13

so you do have a system where you've got in some instances for every one manager you've got one supervisor so you've got a essentially a supervisor managing one person Um, so there's a lot of uh a lot of work that needs to be taken there. There's a lot of efficiencies that need to be worked out. Um, and once again, I think that uh I Senator, I've I've never met you, I haven't had the the pleasure, but I could um congratulations on your appointment.

Sen. Mullin (OK)1:00:13 – 1:00:13

Thank you.

Billy Kirkland (Witness)1:00:13 – 1:00:37

Um, I'm happy to share my contact information with you. If you've got questions, you can uh directly reach out. I know that multiple senators on the on the committee have reached out directly and directly either to our staff or to me personally and find that I'm I like to think that I'm fairly uh uh, responsive, and I'm happy to continue any type of conversation or any point that you, uh, you have or any questions you wanna learn more about or any topics that you are more interested in.

Sen. Mullin (OK)1:00:39 – 1:00:52

OK, and so maybe just a little, so you're expanding the ability for the tribes to take over the management of jo- of stuff that used to be done by the BIA and that's allowing you reduce your organizational costs and and

Billy Kirkland (Witness)1:00:50 – 1:00:56

Right, yes, sir. Not just not just cost but efficiencies. They're n- they're no longer having to go to the regional office

Sen. Mullin (OK)1:00:56 – 1:00:56

Yeah.

Billy Kirkland (Witness)1:00:56 – 1:00:58

for those answers that that they have in the past.

Sen. Mullin (OK)1:00:58 – 1:01:07

Yeah, I'm I'm familiar with th- that effort and I I think that's a fantastic idea. Is that being spread rapidly to other, uh, tribes as well?

Billy Kirkland (Witness)1:01:07 – 1:02:06

Well, we're working on that, sir. Uh, first and foremost, we're trying to figure out what took so long in the first place. Why did it take twenty plus years to have one of these resource agreements, um, signed and enacted? Um, you know, the, uh, the best form of advertisement everybody thinks oftentimes, especially this being a political setting, is television. You hear, you see the the flashy campaign commercials or or whatever it may be, but the real the best the best uh form of advertising is mouth-to-mouth, person-to-person, in this case tribe-to-tribe. And the Southern Utes, they're I mean, they're they're going door-to-door telling people and telling other tribes about the uh how how easy one we were to work with to get this done how much we helped and and, you know, they're they're evangelists of this now. They they want other tribes to to come into this and and make one and join in the terror. And they've been our our biggest champions, and we've gotten a number of tribes since the Terra signing. Um, two weeks ago they were very interested in working on on uh joining the Southern Utes in the process.

Sen. Mullin (OK)1:02:06 – 1:02:19

That that that's great news. And I think, you know, certainly Oklahoma has very sophisticated tribes that are very capable of managing their own affairs in that regard. So that's a great example of opportunity to reduce cost. Thank you. I'll yield my time.

Sen. Schatz (HI)1:02:21 – 1:02:29

Well done as an appointed senator. You landed right on the moment. That's We're we're all still working on that. Um, um, Senator Smith.

Sen. Smith (MN)1:02:31 – 1:03:33

Um, thank you to the chair and to the vice chair and um welcome to our our panelists today. Um, vice chair, I'd like to start by recognizing chair Deschamps of the Grand Portage Band of Lake Superior, Lake Superior, Chippewa, Gitchione-Gamming, um, who is in the audience today. Thank you, mister chair, for joining us. Um, and I have uh will have many questions which I will submit Uh, to uh, for the record regarding the President's budget, though I wanna associate myself with the Vice-Chair's uh remarks and questions um on on what's going on and what the plans are, but today I'm actually gonna focus my questions to Assistant Secretary Kirtland uh this afternoon um welcome it's good to see you again Assistant Secretary. Um so Assis- Assistant Secretary Kirtland in your role you're responsible for supporting the Secretary of the Interior in fulfilling uh this country's trust responsibilities to federal recognized Indian tribes and maintaining those government to government relationships between the federal government and Indian tribes on behalf of of the Department of Interior um is that's correct right?

Billy Kirkland (Witness)1:03:36 – 1:03:36

Yes, Senator.

Sen. Smith (MN)1:03:36 – 1:03:46

Thank you. And do you believe that the department is obligated to consult with tribal nations prior to taking any actions that affect those treaty rights?

Billy Kirkland (Witness)1:03:48 – 1:03:48

Yes, Senator.

Sen. Smith (MN)1:03:48 – 1:03:55

Thank you, thank you. It's not I'm not trained to trick you here or uh um catch you in any way.

Billy Kirkland (Witness)1:03:55 – 1:03:59

I I apologize, I was making sure the the talk button was on, I wasn't trying to think about whether or not to do it,

Sen. Smith (MN)1:03:58 – 1:03:59

That's okay, I just wanted to make sure.

Billy Kirkland (Witness)1:03:59 – 1:03:59

but

Sen. Smith (MN)1:04:00 – 1:05:06

Um, so you may know uh that in January of this year, the Department of the Interior took action to overturn some critical protections for the uh pristine boundary waters in northeastern Minnesota. These protections were put in place because the area is vital to the health and traditional cultural values and subsistence-based um, lives of tribal nations, particularly the, uh, the eighteen fifty-four treaty tribes. Um, and wild rice monomin is, uh, particularly susceptible to the impacts of mining and mining pollution, and that is why these protections were put in place. And, um, then, um, earlier this year, this, this, uh, the department issued a statement of administration policy recommending, uh the the um the passage of House Joint Resolution one forty um relating specifically to this moratorium um on mining in the Boundary Waters. Were you aware of that before it happened? Does that sound familiar to you at all?

Sen. Schatz (HI)1:05:08 – 1:05:09

Thanks.

Billy Kirkland (Witness)1:05:09 – 1:05:12

Thank you, sir. No, I was not um reached out to by any tribe about that particular matter.

Sen. Smith (MN)1:05:12 – 1:05:17

Or w- or the department, you're not aware of what the the department didn't reach out to you?

Billy Kirkland (Witness)1:05:17 – 1:05:19

I'm not aware of any tribe reaching out to the department either,

Sen. Smith (MN)1:05:17 – 1:05:17

Talk about it.

Billy Kirkland (Witness)1:05:19 – 1:05:19

no ma'am.

Sen. Smith (MN)1:05:19 – 1:06:16

Okay, well so what I'm trying to understand here um is that this statement of mi administrative excuse me uh this statement of administration policy um would directly affect treaty rights and therefore seems to me, seems to me according to the law that that tribal consultation would be required. Um and so how this is how it unfolded. There was this statement of administration policy Then the House the same day passed a congressional resolution overturning this moratorium on mineral leases. It was unprecedented use of the congressional review process, I might add, something that was a great concern to many on both sides of the aisle. Um, um, and then you have the Department of the Interior proceedings. So my question is, are you aware of any formal consultation that has happened as the Department of the Interior is taking these steps that has a direct impact on uh, the treaty rights of tribes in this seated territory.

Billy Kirkland (Witness)1:06:17 – 1:06:26

As stated before, Senator, I was not reached out to by tribe for the consultation process or or or have a knowledge of them making or any tribe making a request for that.

Sen. Smith (MN)1:06:26 – 1:06:35

So is it your view that the federal government only needs to do formal consultation if a tribe specifically reaches out to the Department of Interior?

Billy Kirkland (Witness)1:06:36 – 1:06:48

It's my view that we want to take that consultation process as as seriously as possible and when a tribe reaches out about an issue that they have, we're we wanna follow up on that and make sure that our all due diligence is given.

Sen. Smith (MN)1:06:49 – 1:07:09

But do you see that you have a responsibility if the administration, if the department is taking an action that affects treaty rights, does don't you agree that the department has a responsibility to do consultation, that it's not just a reactive uh stance, it is a uh it is a responsibility to make sure that that consultation happens.

Billy Kirkland (Witness)1:07:10 – 1:07:23

Senator, I'm I'm happy to look into that and find out more information on that and I I I encourage you to reach out in the future as well when when you feel that there is a consultation that needs to be that needs to be looked into or hasn't happened, or needs to be enacted.

Sen. Smith (MN)1:07:23 – 1:08:06

Well, so, I mean, that's it is my view, and I think that this is backed up by the law, and this certainly the view of many in Indian country, that the Trump administration, the Department of Interior did not do the consultation that's required and in fact they disrespected um, the government to government responsibility that is owed to these Treaty of La Pointe tribes. And as a result, this has happened without any consultation to date. So you can help fix this, um, by committing to me that you will help make sure that these federal agencies involved in these leases as this process goes forward, it will be a lengthy and expensive process, help make sure that as this process proceeds, that there will be appropriate tribal consultation.

Billy Kirkland (Witness)1:08:08 – 1:08:15

Senator, we'll commit to always looking f- looking to follow the law on all aspects of uh the trust relationship including consultations.

Sen. Smith (MN)1:08:15 – 1:08:40

Well, um, I will follow up with you on this and I will look forward to doing uh all the work that I can to make sure that those um those consultation responsibilities are fulfilled um but I I find it sort of stunning to hear you say that you were sort of waiting for a phone call from somebody to be reminded that the department has a r- a legal responsibility to do consultation. Thank you, Madam Chair.

Sen. Murkowski (AK)1:08:41 – 1:08:43

Thank you, Senator Smith. Senator uh Cortez Masto.

Sen. Cortez Masto (NV)1:08:45 – 1:09:02

Thank you. Uh thank you, the panelists. Thank you all for being here. Not that you really had a choice, but thank you. Um, let let me, Assistant Secretary Kirkland, start with you. I understand there are um reductions at BIA of about five hundred staff. Is that correct?

Billy Kirkland (Witness)1:09:05 – 1:09:24

Senator, I couldn't give you the exact number of reduc of of reductions of staff. What I can tell you is that we've currently and enacted and approved the hiring of four hundred staffers um in critical positions that we're currently um advertising on USA jobs and working to fulfill um those outwardly facing critical uh roles at the department.

Sen. Cortez Masto (NV)1:09:24 – 1:09:27

And what are the critical roles? Or some of them include BIA officers?

Billy Kirkland (Witness)1:09:27 – 1:09:34

Some of it from law enforcement officers to um, regional regional offices to superintendent's offices,

Sen. Cortez Masto (NV)1:09:34 – 1:09:36

Would you be willing to give us a breakdown of that?

Billy Kirkland (Witness)1:09:34 – 1:09:35

agency offices.

Sen. Cortez Masto (NV)1:09:36 – 1:09:37

That would be very helpful.

Billy Kirkland (Witness)1:09:37 – 1:09:38

I'd be ha- be happy to

Sen. Cortez Masto (NV)1:09:37 – 1:10:51

If you're not, if this budget isn't cutting staff, which doesn't sound like it should be if you're actually hiring four hundred, but I would like to know, and here's why, um, I am hearing not just from my tribes in Nevada but our law enforcement as well, um, that, um, BIA officers are far and few between. They're just understaffed. And I know some of these officers, they're they want to do right, but they are understaffed and the way it's broken down into regions, it is very hard to get a response into Nevada. And and if you've been to Nevada and as Assistant Secretary, I don't know if you've had been to our rural areas, but if you have, you will understand that many of the rural areas where our tribes live, mainly desert, not a lot of interconnectivity, and you could drive for hours before you actually see somebody. And so I need a response time that is immediate, especially if there's tribal crime happening, uh, to keep our community safe. And so I want a commitment if you're willing to help me address this issue, particularly as it pertains in Nevada, with the lack of BIA officers and more staffing that is necessary for our law enforcement in Nevada and in that region, would you be committed to working with me and provide that as document or that information?

Billy Kirkland (Witness)1:10:52 – 1:10:59

Y- yes, Senator, unfortunately, it's also not a problem that's unique to to uh Nevada specifically so that's something that we're work on working on all across the nation.

Sen. Cortez Masto (NV)1:10:58 – 1:11:01

Yeah I'm from Nevada though that's my my interest.

Billy Kirkland (Witness)1:11:00 – 1:11:03

No no I know that I I I completely understand that yeah.

Sen. Cortez Masto (NV)1:11:01 – 1:11:15

So that's what I'm getting commitment from you is I wanna see what you're doing specifically from Nevada cuz I've been hearing about this as long as I've lived there. And I I just we have to address it and I think if you can address it in Nevada you probably will be able to address it in other places as well.

Billy Kirkland (Witness)1:11:15 – 1:11:34

Well and and not only I'm happy to uh get you the information request I know there's a lot of uh you you all are very busy here with with votes and oftentimes when we're in recess we're back in the state or in the district specifically coming up November I understand that but we're we'll be here all the time our office our office our

Sen. Cortez Masto (NV)1:11:32 – 1:11:35

Good, so will I I'll be here I'll be there and I'll be waiting for your call.

Billy Kirkland (Witness)1:11:35 – 1:11:35

Well we'll we'll

Sen. Cortez Masto (NV)1:11:35 – 1:11:37

I'm gonna move on though because I only have so much time.

Billy Kirkland (Witness)1:11:36 – 1:11:39

let us know let us know when you when you want to come back to the DSA.

Sen. Cortez Masto (NV)1:11:38 – 1:12:24

During your nomination hearing last year I asked you about the detention funding issue facing tribes in Nevada with the six thirty-eight contracts uh and quite honestly at that time and I think the the um chairman and the ranking member are very aware of this they They had the rug pulled out from under them when their regional BIA office suddenly re-interpreted their contracts and was going to force them to pay for detention services for the pretrial detainees. This is before you even got there. Um, and and uh this is why I asked you at at your hearing, your nomination hearing, if you would promise to work with me to address this issue and ensure that open lines of communication are opening I am still hearing from our tribal law enforcement and tribes this is an issue for them and has not been addressed. Can you give me an update at all on this issue?

Billy Kirkland (Witness)1:12:25 – 1:12:30

We've got I've got staff behind me that are making a note of that right now, and as soon as we get out I'd be very happy to give you an update.

Sen. Cortez Masto (NV)1:12:30 – 1:12:59

Please do. I I appreciate that. And I would also like as part of this discussion um and maybe it is time that um we re-evaluate the funding levels that tribes with six thirty-eight law enforcement contracts are entitled to given population growth price increases in other costs, I would be interested in addressing that as well. So, um, i- if you wanna make a time come to my office, sit down, talk with me about all of the above, I will definitely make myself available. Thank you.

Sen. Murkowski (AK)1:13:01 – 1:13:02

Thank you, Senator. Senator Daines.

Sen. Daines (MT)1:13:04 – 1:14:54

Chair Mikalski, thank you. Assistant Secretary Kirkland, thanks for your testimony earlier. Uh, going back to your confirmation hearing, we discussed Montana's final Indian water settlement, the Northern Montana Water Security Act. You mention in fact memories of hauling water across the Navajo Nation with your grandmother. You understand the challenges and the necessity of securing water rights and access in Indian country. You also committed to working with Congress to ensure the federal government upholds its trust and treaty obligations, which includes protecting water rights, And I wanna make sure we hold each other accountable to that. During President Trump's first term, his support was instrumental in enacting the Montana Water Rights Protection Act to settle the Confederate Salish and Kootenai tribes' water claims. These are century-long fights, as you well know. Some of the toughest fights are water fights. in some of the most interesting fights, it gets into treaty rights as well. They recently reached a major milestone. This is going back to the Salish-Kootenay compact that we, that the Trump administration, Trump forty-five got done, the president signed. We finally got the Montana water courts final order approving that compact last week. This a big win for our farmers, our ranchers, the tribe. and the federal government and for President Trump. This action by Congress and the court now brings certainty to all water users in the region. There's a lot of false information spread up in that part of our state.

Billy Kirkland (Witness)1:14:54 – 1:14:54

Right.

Sen. Daines (MT)1:14:54 – 1:16:05

It's just not true. And uh we're grateful working with President Trump we got this thing signed and the court just affirmed it in Montana again last week. Had we not gotten this done, the alternative was almost unthinkable. Without a settlement, the majority of the water right claims in Montana would have been litigated over several decades and that's thousands of water right claims. And as we know, the courts are increasingly sympathetic to the treaty rights that oftentimes predate statehood. Non-tribal water users would have faced unprecedented uncertainty and possibly seen diminished access, it would have cost the federal government an untold amount of money. Now the Fort Belknap, alongside the many farmers and ranchers who'd rely on the Milk River to make a living, wanna bring the same certainty to their region. It's the last water compact to be settled in Montana history. Assistant Secretary Kirkland, do you support the idea of settling rather than litigating Indian water rights claims?

Billy Kirkland (Witness)1:16:06 – 1:16:13

Senator, the department supports the r- supports the idea of uh of settling and any any and all water settlement claims that we can.

Sen. Daines (MT)1:16:14 – 1:17:11

And uh we've seen uh if we don't settle, obviously very expensive, that's a little like a lot of lawyers wear really nice suits. So it's a lot of legal fees and then the uncertainty and losing those water rights if the litigation proceeds, the risk of losing water rights for our ag economy in a place like Montana is very real and it's significant. And there's a clear blueprint to getting this done. I wanna work with the Trump administration to build off these past models of success. None of these are ever easy. I experienced that myself, uh, under Trump forty five, like the Salish Kootenay, CSKT compact, we call it, and to move forward enact the Northern Montana Water Security Act. One thing that's sometimes lost in translation here in Washington, in a place that gets forty-one inches of rain every year. I didn't realize what rain was all about. I know

Billy Kirkland (Witness)1:17:11 – 1:17:12

And

Sen. Daines (MT)1:17:11 – 1:17:57

Senator Murkowski sees a lot of it in Alaska, and we envy her precipitation. But they get more rain here than in Seattle by a little, by a small amount, cuz when it rains here, it rains an inch or two at a time, it seems. Where we are battling in this last water right claim, in the, in these last tribal rights, is an area of our state that gets twelve to fifteen inches of rain a year. It's a semi-arid environment, and that's why water's so critical to keep things going. My distinguished colleague here from Oklahoma can nod his head, cuz they know what it means to live in a state that doesn't get a whole lot of rain. Montana, similarly, is a state that doesn't get a whole lot of rain in most of it. Assistant Secretary Kirkland, times are the essence on the issue. Can we work together and push to get this done this year?

Billy Kirkland (Witness)1:17:58 – 1:18:07

Senator, what I I know you just recently spoke to the Secretary Burgum on this as well, and Um, I'll echo him that we'll continue to work with you and the committee on settling all enacted water rights.

Sen. Daines (MT)1:18:08 – 1:18:14

We're gonna name a town in Montana called Burgamville if we get this done. I'll tell, I'll tell the secretary that.

Billy Kirkland (Witness)1:18:14 – 1:18:16

I- I'm just gonna ask for a street.

Sen. Daines (MT)1:18:16 – 1:18:31

Okay, we'll give, and you, we'll give you a street, we'll give you a post office if you need it, just let me know. Um, this is about water security for tribal and non-tribal water users. It's for infrastructure for Montana, agriculture, and certainty for future generations of Montanans. These are legacy

Sen. Murkowski (AK)1:18:53 – 1:18:55

Thank you, Senator Daines. Senator Lujan.

Sen. Lujan (NM)1:18:55 – 1:19:10

Thank you, Madam Chair. Mister Kirkland, at your confirmation hearing last year we discussed the importance of Indian water rights settlements and I was critical that the Trump administration had proposed zero dollars for the Navajo Gallup water supply project. Do you recall that?

Billy Kirkland (Witness)1:19:14 – 1:19:15

Yes, Senator.

Sen. Lujan (NM)1:19:15 – 1:19:57

After that, I worked with my colleagues and I want to thank every one of my Republican colleagues and Democratic colleagues and the staff because since the administration didn't provide any dollars, we were able to work. We got fifty five million in congressionally directed spending for the project. We worked to raise the cap on reclamation water settlement funds to access an additional hundred and twenty million dollars. And as you know, and I shared with you, failure to do so would have meant the first Indian water right settlement to fail. And I know what everyone else knows, once there's a first there'll be a second. Mister Kirkland, do you know how much money was proposed in President Trump's budget for the Navajo Gallup water supply project for FY twenty seven?

Billy Kirkland (Witness)1:20:02 – 1:20:12

Senator, I'm I'm happy to uh, I and I know that uh my colleague Scott Cameron recently came up and and spoke to you as well, and you guys you guys talked about uh Navajo Gauls and I'm I'm I'm here,

Sen. Lujan (NM)1:20:10 – 1:20:13

The answer is simple, sir. It's zero dollars.

Billy Kirkland (Witness)1:20:12 – 1:20:17

I'm I'm actually very ha here to talk about Indian Affairs budget and the budget request that we need.

Sen. Lujan (NM)1:20:16 – 1:20:27

Sure. Mister Secretary, do you what w- do you advise the secretary or the president when it comes to your work and the priorities that you have for tribes across the country? Vegetarily?

Billy Kirkland (Witness)1:20:27 – 1:20:35

Eh, Senator, we I I give the President and the s- eh the uh Secretary advice on on on issues affecting the Native communities and I'd I'd really like to work with

Sen. Lujan (NM)1:20:34 – 1:20:36

Do water, Mister Mister Secretary,

Billy Kirkland (Witness)1:20:35 – 1:20:38

you I'd really like to work with you as well on the water the have have s-

Sen. Lujan (NM)1:20:36 – 1:20:42

do water settlements Mister Secretary, do water settlements affect Native communities?

Billy Kirkland (Witness)1:20:41 – 1:20:44

Yes, and I hope that you look through the fun of Wallapai water settlement,

Sen. Lujan (NM)1:20:42 – 1:20:46

Okay, so that We're here to talk about water settlements,

Billy Kirkland (Witness)1:20:44 – 1:20:46

Senator. Let's talk about the fifty,

Sen. Lujan (NM)1:20:46 – 1:20:48

Ernie, you just had a wonderful conversation with this,

Billy Kirkland (Witness)1:20:46 – 1:20:49

let's talk about the fifty Let's talk about the fifty million

Sen. Lujan (NM)1:20:48 – 1:20:49

with my colleague from Montana.

Billy Kirkland (Witness)1:20:49 – 1:20:53

dollars that we put in the budget that we're looking to Cuz you you you mentioned it,

Sen. Lujan (NM)1:20:52 – 1:20:52

Okay.

Billy Kirkland (Witness)1:20:53 – 1:20:57

Senator, you said That if we let one go, they're all gonna go.

Sen. Lujan (NM)1:20:55 – 1:21:38

I'm claiming my time. Madam S- Madam uh Chair, um I'd just like to submit the budget into the record if it's not already in there. There's zero dollars for this project again, so I'm gonna come visit with you in your office, I'm gonna visit with your staff in your office, I'm gonna go visit with the Dems in their office, I'm gonna go visit with Chairman Cole, everyone that we can. Since the President didn't put any money in, and Mister Secretary, please. For this pri- water settlement now in Montana. Let's get the money for it. Let's get the money for all of these and let's get it done. This is something we all agree on. Democrats and Republicans across the country. Um, Mister Secretary, how many times have you uh sat with the working group on Indian water right settlements, which you're a a member of?

Billy Kirkland (Witness)1:21:39 – 1:22:00

Um, I've I've met with the group number of times as well as multiple tribes on specific water water settlements and water rights and I'd just like to also appreciate and work with with you to make sure that we fully fund the wallaby water settlement as well i think they've received a hundred and fifty thousand dollars up to this point of nearly three hundred and thirty million dollars that are due the twenty twenty nine

Sen. Lujan (NM)1:22:01 – 1:22:28

i hope that we don't see any water settlements fail and that we can work together, get the technical support required uh mister fulton um i i wanna thank you you you recently visited uh new mexico and um there's a great picture of you here visiting with um, some of the leadership from the Navajo Nation, the Department of Health. Um, there there's two issues I wanna raise. One, um, a- as you know, one of the elevators isn't working over that way.

Billy Kirkland (Witness)1:22:28 – 1:22:28

Mm-hmm.

Sen. Lujan (NM)1:22:28 – 1:23:04

And I had received a response from someone on your staff on Monday that said, patient safety is a priority and that they would work on this as quickly as possible. But they highlighted in the email that one elevator is not sufficient to fully support patient care needs in the building. What I'd like is a full briefing for this committee, for myself, timeline, when that's going to be done, if it's about patient safety, things of that nature. Um, and then second, um, if there, if I could also ask for a timely briefing on the timeline um, associated with um, uh, the Gallup Indian Medical Center,

Clayton W. Fulton (Witness)1:23:04 – 1:23:04

Mm-hmm.

Sen. Lujan (NM)1:23:04 – 1:23:09

uh, because as you're aware, the the project is not on this list again for projects this year, so

Clayton W. Fulton (Witness)1:23:09 – 1:23:09

Mm-hmm.

Sen. Lujan (NM)1:23:09 – 1:23:29

this is the second time under this administration the project's been jumped over and if I'm not mistaken, the all the coverage from the meeting was all positive and said that this was a priority project we'd get it done, it wouldn't be skipped again. But if we could just get some information where it is on the list, how we can get this done and things of that nature, I I'd certainly appreciate it, sir.

Clayton W. Fulton (Witness)1:23:29 – 1:23:31

I'd be more than happy to provide those.

Sen. Lujan (NM)1:23:30 – 1:24:01

I I look forward to that. Um, Mister Kirkland, I I was also told that in addition to sitting on the working group, you oversee the Bureau of Indian Affairs uh there's the uh the Bureau of Indian Affairs Education Bureau Indian uh Affairs Trust Funds Administration serving hundreds of federally recognized tribes across the country that your responsibilities as Assistant Secretary of Indian Affairs um in addition to that that Secretary Burgum also nominated you to serve concurrently as Associate Commissioner of the National Indian Gaming Commission is that correct?

Billy Kirkland (Witness)1:24:02 – 1:24:06

I've been nominated to serve as the Vice Vice uh Associate, yes sir, Vice Chair.

Sen. Lujan (NM)1:24:06 – 1:24:18

Yes. So this is a position with its own distinct statutory mandate, its own oversight responsibilities, its own docket of decisions affecting tribal sovereignty and economic development. Is it fair to say they're both full-time jobs?

Billy Kirkland (Witness)1:24:18 – 1:24:51

I think it's fair to say, sir, that we had a un- uh unprecedented uh resignation that has put, uh a lot of tribes and tribal economies and economic development at at risk. And we wanna make sure that gap is as full as full as possible, and we wanna make sure that duties that the committee is responsible for can take place and we're gonna look in look to hire and and fill those those uh vacancies as soon as possible. In the meantime, I will ensure that uh things like contracts can be put in place, management contracts, and other other operations that the committee can fully operate.

Sen. Lujan (NM)1:24:51 – 1:25:42

Um, Mister Secretary, Madam Chair, what I'm asking is if you can get a letter to this committee soon, um, uh, not a hundred and twenty days, telling us how you're going to do both jobs and how the responsibilities you have as Deputy Secretary of Indian Affairs are not going to fall aside and one of the concerns that I have is on one side your responsibilities are to advocate for the tribes and on the other hand this this administration has taken a different a position on prediction markets. The tribes have been suing, man. Th- they're at you're at odds here. I don't know how you're gonna do it. I look forward to reading about it and having certainty that your primary job Deputy Secretary of Indian Affairs, you're gonna live up to those trust responsibilities. So I very much look forward to learning about this and seeing how these efficiencies can be created. I thank you for the time, Madam Chair.

Billy Kirkland (Witness)1:25:43 – 1:25:44

I'm sure you do, Senator. Thank you.

Sen. Murkowski (AK)1:25:44 – 1:28:32

Thank you, Senator, and and know that on the water settlements, um uh not only do I hear you, we've had good conversation. And you're right, whether it's uh water settlements that Senator Daines is concerned about or are coming out of your state of New Mexico, um these We have got to, we have got to address them. Lots of work goes into getting to the settlement, but the settlement is nothing more than a piece of paper if we are not actually working uh to put those dollars in. So know that uh we'll we'll be in in contact there. Uh, we'll go into a second round here. Um, hopefully not too many more. Um, uh, Assistant Secretary, um, you mentioned probate. and the effort that the administration um is is uh doing to modernize what we can um do within the probate accounts to to help reduce the backlog. I've talked to you about it, I've talked to Secretary Burgum about it, I've everybody is giving their commitment. I know that we're we're we're moving forward with this effort, but my my um my concern is that we're we're hearing that all this is taking place, but I'm not seeing that we've actually done anything yet to help reduce that, uh, that backlog, um, and to, to actually get, um, these probates completed for these families. So I, I would just ask for an accounting from you and your team about, um, just how you anticipate, um, this backlog to be addressed. I I I'm you know what you're trying to do with the modernization, you know how long it's going to take to get these systems in place. Recognizing the forty seven thousand cases that are pending across the country, can you I I want an estimate as to how long you're anticipating um, it's gonna be to catch up with your backlog so that as a committee we can kind of be We can be monitoring this, um, cuz right now what I'm getting is an assurance that, don't worry, we're working to update our systems. But what is worrying me is the same constituents are coming to me and saying, we've heard that, but we still don't know where we are in our case. I'm told we're gonna have this, this, uh, dash dashboarded type of an approach where people can check in and and follow their cases. That's good, but can you give us more metrics in terms of when people can expect this and then to actually see us moving through their their respective cases?

Billy Kirkland (Witness)1:28:34 – 1:30:45

Uh thank you for the question, Senator, and and I've I look you're right to be concerned. Um y- you've been on the committee for a while and this isn't a new new problem, so you've heard I'm heard I'm sure you've heard time and time again individuals come up here and say we're gonna fix the problem, we've we've got this under control, so until you actually see numbers moving, you're you're very you're very right to be concerned, we're concerned. That's why it was made a priority. Unfortunately, in order to actually work at at uh chopping the problem down one at a time, we had to figure out actually how in-depth the problem was, and that that took a for a while for us to get our hands on. I believe, uh couple years ago, um in front of this committee, Indian Affairs actually said it was gonna take sixty plus million dollars and five to seven years to get your ha- their hands wrapped around the problem and and the backlog altogether. Um we are in the steps and the process of having that understanding the the full the full scope of the problem um by the end of July. So we're gonna be able to know um what cases are where in the process, what cases are missing what, what families maybe only have one document that are that is missing from their probate case in order to close it. You mentioned forty seven thousand cases there that are backed up, which is a very high number, more even more astounding is that's upwards of seven hundred and seventy million dollars of American um money of of Native, Alaska Natives and uh Native Americans that the money they could be they could have that they need today, whether that's to buy a home or to you know invest in their children's education. Um you mentioned you're still talking to people having issues, I never thought it was possible that I I actually met individuals who um they they they were working on look waiting for probates of their dead family members that were still waiting on on probate, you you we had this generational problem. Um, for the first time ever, I it's almost um, unconscious that that uh, in a in an age in a system where you can order, you could order the committee dinner on an app, you can't, these individuals can't look and track their probate cases. So not only now can probate will probate cases be able to be um, tracked, they're gonna be able to submit these probate cases um, on online or or via their phone. This was something that was uh, like my first trip to Alaska was last month.

Sen. Murkowski (AK)1:30:45 – 1:30:56

Well, well, but again, It's one thing to be able to submit them, but if it's not going anywhere, and that's been the problem, we can submit them by way of a paper copy and it goes in to that dark hole.

Billy Kirkland (Witness)1:30:54 – 1:31:00

When when when those when those submissions come in via paper copy, there it's also it's still antiquated and that's how it's being tracked,

Sen. Murkowski (AK)1:31:00 – 1:31:00

Yeah.

Billy Kirkland (Witness)1:31:00 – 1:31:37

that's how everything's being looked at. So you've got a system where, you know, you we might have a regional office or a or a an agency and they're going through a filing system to find out what's there. So by the end of July, through the new technology, through AI, through the the um folks that are being trained on the processes right now, they're gonna be able to look in Alaska, they're gonna be able to say, okay, let's reach out to Senator Murkowski's team in Alaska and let her know that of those seven thousand probate cases that are backlogged five thousand of them are missing one document thi this is the one document they're missing let's work with those, let's work with those individuals in the state to insure that that one document

Sen. Murkowski (AK)1:31:37 – 1:31:41

Well and and this is where and I'm I'm gonna interrupt because my time has expired,

Billy Kirkland (Witness)1:31:37 – 1:31:38

can be r-

Sen. Murkowski (AK)1:31:41 – 1:33:32

no one ask others if they have any questions but but It it's it's one thing to to have assurances that a system is coming online. But if you are the family who has lost an elder and the family home was in his name and there is no there eh the spouse has has deceased and the property goes into probate. The family members have to vacate that home. That family home then is padlocked the windows are boarded shut, and in villages where you have no housing, you have a perfectly good housing, that is then left to the elements, pipes freeze, things um things get you you you can lose your homes. And so it's more than just the money, it's it's losing the opportunity to have a family home. So I've been pressing on this and raising it with every administration official so that it is reinforced, that it's not just the high-tech world we want, um, to know that these promises of modernization are coming. Because right now, nobody has seen the pr- the, the promise materialize into we now, the family now has the keys to the home again. The family now has a few dollars that they are able to, to pay off something that they have been waiting for. So know that this continues to be, um, a very, very keen priority of mine and of many uh on this sub-commit- on the uh on the full committee here. I'm gonna turn to Senator Hoven and then I'll have uh a couple more uh questions. I haven't directed anything to you yet, Mister Fulton, so you're not off the hook yet.

Sen. Hoeven (ND)1:33:35 – 1:33:36

We're not from

Sen. Murkowski (AK)1:33:36 – 1:35:57

All right, I'll let him look at his notes here. Let me let me ask you about sanitation Um Uh the proposal is about ninety-three million below the FY twenty-six enacted. Um uh and I get the uh the comments there that unobligated um Infrastructure and Jobs Act funding remains available, but as one who was instrumental in those IGIA funds, that funding was intended to supplement base funding, not to replace it. So, um, uh, I know, I know you're, you're working hard, you're, you're getting sanitation grants out. The, let me tell you, the folks in Teller were super excited about, um, about the an- announcements there in Teller. They loved the fact that you were out there. Um, this is gonna be transformational and I think you know it. But, you also know that there's huge unmet needs here. Um, it just It it's still troubling when I go out to so many of these villages and you know, we're we're talking about um we're talking about communities that are still relying on on honey buckets, um uh, haul wagons, and uh um this again is is is is public safety, public health, when you don't have clean water, um, and clean, uh, waste water systems. So just give me the rationale. Uh, maybe you hate it and you really can't give me a good reason for for why you would reduce base funding. Um But I also need to know how you're going to continue making good progress on unmet sanitation needs, um, once IJA funding is gone, cuz that's, there's a cliff here. Believe me, I know all about the cliff. Um, but if you're gonna use it to help get you through this funding cycle, what do you do next year when we don't have that? Cuz I can't go back to communities and say, well, we were making some progress, Keller got money, but the rest of you folks, um, that funding pipeline is not there. So can you speak to the sanitation funding?

Clayton W. Fulton (Witness)1:35:58 – 1:36:22

Well, thank you, Senator. You hit on a great point. There are sanitation facility needs across Indian country that are definitely challenging. Um, it fundamentally comes down to the balancing act of balance in a tight budget or environment how do we prioritize? This was a prime opportunity to really invest in things that would revolutionize direct patient care. And so our primor our priority at this time, go ahead.

Sen. Murkowski (AK)1:36:21 – 1:36:23

Well, let me let me just challenge you a little bit on that,

Clayton W. Fulton (Witness)1:36:23 – 1:36:23

Yes ma'am.

Sen. Murkowski (AK)1:36:23 – 1:36:39

because direct patient care, so, I'm now sick and you're gonna take care of me. Keep me from getting sick by making sure that I have sanitary conditions in my village, that I am able to wash

Clayton W. Fulton (Witness)1:36:39 – 1:36:39

Mm-hmm.

Sen. Murkowski (AK)1:36:41 – 1:36:57

my my my hands, um, you know, bathe my kids. Uh, it's kind of the basic thing. So I I get what you're saying, that we wanna take care of people who get sick, but I think it's also really basic human need that we have clean water.

Clayton W. Fulton (Witness)1:36:57 – 1:37:23

There There are definitely significant challenges, um, as, you know, the goal was to continue to work it on our two thousand plus water sanitation projects that we have under IAJ currently, um, which includes one point nine billion that's gone to Alaska over the last four years and continue that process forward. But we know this is a issue that is important to members of this committee, important tribes, and we're happy to provide any technical assistance we can, um, with regards to this topic.

Sen. Murkowski (AK)1:37:23 – 1:37:26

Well, uh, I I think we want more than technical assistance.

Clayton W. Fulton (Witness)1:37:25 – 1:37:26

Yep.

Sen. Murkowski (AK)1:37:26 – 1:38:05

Um, Because as, as I speak of this issue, um, you know, my, my colleague from New Mexico has, has left the committee here this afternoon. Um, but I hear, uh, that in many of the reservations they are faced with the same, same, uh, challenges that we may have when it comes to, to running water and clean, clean, basic, um, uh, water and, and waste water issues. So, Uh, I hear you saying you made um priorities. Um, uh, I know you've got to defend what is put uh in front of you,

Clayton W. Fulton (Witness)1:38:06 – 1:38:06

Mm.

Sen. Murkowski (AK)1:38:06 – 1:38:52

but know that from this senator's perspective, I don't think that we can go backwards. I don't think that we should be looking to to the one-time funding opportunities that we put into place with IJA as as what is gonna carry us over. Those were designed to supplement because we were in such a hole that we needed to put billions of dollars towards it. We've made good headway, but we can't, we can't use that as, as the excuse not to continue a robust base funding for something as basic as as as as clean water and uh waste water. Okay, you're now teed up.

Sen. Hoeven (ND)1:38:53 – 1:40:28

Okay, thank thank you, Madam Chairman. Uh, Secretary Kirkland, in two thousand twenty, um, we uh, I worked with uh Chairman Murkowski uh and others and and we put in place the uh funding for the advanced training center at Camp Grafton in Devil's Lake to help uh provide training for BIA law enforcement officers cuz in the upper middle across the M- upper Midwest particularly but throughout Indian country we are not filling our BIA law enforcement positions. Uh, in two thousand twenty one uh, or by two thousand twenty one already, the Air uh, Advanced Training Center was providing training to over three thousand um, law enforcement personnel on a annual basis. And in two uh, last for last year, for this year we secured um two million dollars to support improving infrastructure there. And uh, most recently And a- actually I'm working on getting three million this year. It was two million last year. Um, also this month Secretary Burgum signed a secretarial order implementing additional basic basic training options for police and corrections officers at the Indian Police Academy's Advanced Training Center at Camp Draft Camp Grafton. Please provide me with an update on how the department plans to use these new funds as well as that executive order to support the operations and physical infrastructure at Camp Grafton and implement the basic training.

Billy Kirkland (Witness)1:40:29 – 1:41:43

Well, sir, as Senator, as you're as you're well aware of, Antigua, New Mexico is uh quite a long ways away from your your neck of the woods. I mean, Antigua is a long way from Antigua. Um, and there there's not a there's not a lot there, and it's tough oftentimes for um officers and folks that want to be um, BIA law enforcement officers to get there and be away from their families. So we're very excited about the progress that's been made at Cam Grafton. As a matter of fact, um, just recently, um, eh, last last month, I believe, we were able to hold the first graduation of our correction officers, um, that are gonna be going to tribal communities from Cam Grafton. In, uh, June or Ju- late late June or early July, we'll be holding the first, uh, uh, police officers training tribal police officers training there so we'll have a number of officers that are gonna be going to either the office of justice services within the bia or we'll be going to tribal law law enforcement throughout indian country to serve and protect indian country that graduation will be in september so first and foremost we're looking to make sure it's utilized to help train officers and do it in a way that we can have those officers trained places that are closer to the home making it easy for them and for the states to get the law enforcement that they need.

Sen. Hoeven (ND)1:41:43 – 1:41:56

right And so that's basic training in addition to the advanced training so we can get more officers into the slot and continue to train them while they're, uh, you know, doing the job, but get these slots filled across the country where we need them so badly.

Billy Kirkland (Witness)1:41:56 – 1:41:59

Yes, sir, and we're gonna continue. I know we're gonna continue to work on that track for you as well.

Sen. Hoeven (ND)1:41:59 – 1:42:02

Are there any specific facilities issues you wanna bring up or mention?

Billy Kirkland (Witness)1:42:03 – 1:42:11

Um, just in in general, we're gonna work on everything. We wanna make sure that these are the best trained officers that that that are available, that they can get to their communities and best serve and protect.

Sen. Hoeven (ND)1:42:12 – 1:42:55

We appreciate very much your work on it and it fills a vital need just in terms of security for reservations across the country so thank you for that. And then also uh I worked with Secretary Cortes Masto and we passed the Badges Act to to again try to expedite our ability to get uh people into a whole variety of law enforcement officers in Indian country across the country. This helps every uh tribe across the country uh in terms of safety security and law enforcement. um, that hasn't passed the House yet, uh, any thoughts, uh, that you can offer in terms of support maybe that can be provided by you and others that would help us uh advance the bill through the House so we get it uh in place.

Billy Kirkland (Witness)1:42:55 – 1:43:10

Uh, first, Senator, I'd like to thank you for your work on the Badge Act. At uh Indian Affairs we're gonna be supportive of any and all um legislation that uh helps better serve and protect Indian country but also that helps make it easier to hire um tribal police officers and OJS officers.

Sen. Hoeven (ND)1:43:11 – 1:43:13

Well, that's it. It just will expedite that hiring process.

Billy Kirkland (Witness)1:43:13 – 1:43:13

Yes, sir.

Sen. Hoeven (ND)1:43:13 – 1:44:07

So again, it's about getting law enforcement officials in these vacant slots and vitally important. Um, and then the last thing I want to ask you about is uh there's a road on uh Spirit Lake uh reservation. It's called the Teitopa Four Winds uh High School Road. It's a it's to the tribal school there, which by the way is a real power in basketball in our state. They're unbelievable. Um, but it's not eligible for BIA road maintenance because it has not been added to the BIA road inventory. So, uh, how do you plan to consult with Spirit Lake Tribe to get this thing on the inventory and make sure that, uh, those young people can get to that school not only for their studies but also for those great basketball players so they can get back and forth to all their tournaments and continue to be very successful.

Billy Kirkland (Witness)1:44:08 – 1:44:10

How far do they make it this year in the state tournament?

Sen. Hoeven (ND)1:44:11 – 1:44:16

I think they made it they I they didn't win it this year but they do fairly regularly and they're always good.

Billy Kirkland (Witness)1:44:17 – 1:44:46

All right, well maybe if we can work on that road, they can win it next year. I know currently we're we manage and oversee about thirty thousand miles of road at the BIA um and one it it's a it's a problem everywhere the this road maintenance, you know, lots of tribe tribal schools and tribal communities, they don't necessarily have snow days. They have muddy road days. They have uh days where buses can't get down the road, so this is a I know this is a priority for you and for tribal communities across the across the Indian Country and we're happy to work with yourself and the tribe to get this road on the list.

Sen. Hoeven (ND)1:44:47 – 1:44:54

Yeah, uh appreciate and I know it's challenging with all these roads, but you know this is for high school kids and their safety and everything, so it's really important.

Billy Kirkland (Witness)1:44:55 – 1:44:55

Yes, sir.

Sen. Hoeven (ND)1:44:55 – 1:45:16

Thank you. Okay, uh looks to me like there's no one else to ask any questions, so I think we'll go ahead and gavel out unless there's is there anything else any of the three of you wanted to put on the record regarding any of the uh questions and uh testimony that you gave today? Mr. Floden.

Clayton W. Fulton (Witness)1:45:16 – 1:45:58

Thank you, Senator. Um, one thing I would like to provide a little clarity on were with regards to a few of the programs that in some of the opening statements were described as being cut specifically our scholarships, health professions, um, et cetera. There are a few of those programs that show decreases in the budget. However, those are not were not intended as policy level decisions. When the bu- when the budget was put together in December and the fall, there had not yet been an FY twenty twenty six budget. So we had proposed increases for several of those programs, but Congress beat us to the punch and uh funded them more than what we had even planned. So that was one aspect that was brought up earlier that I think would be useful for the record in the committee.

Sen. Hoeven (ND)1:45:58 – 1:45:59

Very good. Anything else?

Clayton W. Fulton (Witness)1:46:00 – 1:46:02

Just thanks for your long-standing support.

Sen. Hoeven (ND)1:46:03 – 1:46:03

Thank you.

Billy Kirkland (Witness)1:46:04 – 1:46:13

I'd just like to echo Senator as well, thank you for your time, thank you for the the committee staff's work, I know that uh you all put in a lot of hours to make your bosses look good up here, with questions and uh and research.

Sen. Hoeven (ND)1:46:15 – 1:46:32

Thank you, Secretary. Miss Curtis, anything? Okay. Uh, very good, then, uh, members may also submit follow-up written questions for the record, uh, and the hearing record will be open for two weeks. Uh, again, thanks to all the witnesses, we appreciate you being here, and we are adjourned.

Billy Kirkland (Witness)1:46:33 – 1:46:33

Thank you.

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