Leaders of key Senate panel divided on Dakota Access Pipeline

Monday, January 30, 2017

The Senate Committee on Indian Affairs is meeting for the first time of the 115th Congress and already the leaders of the normally bipartisan panel are at odds on a major issue.

Sen. John Hoeven (R-North Dakota) is serving as chairman of the committee for the first time. He has generally won praise from tribal leaders in North Dakota, where he served three terms as governor, and in the Great Plains for his work on economic development, public safety, tribal courts, gaming and other issues.

But Hoeven has parted ways with Indian Country on the biggest action item of the day. He supports not only the Dakota Access Pipeline but the Keystone XL Pipeline even though tribes and their citizens don't want either project on their homelands.

"We made a strong case with the new administration for approving an easement for the Dakota Access Pipeline project without delay," Hoeven said in a statement last week after Republican President Donald Trump signed two pro-development directives. "The company has complied with all federal and state requirements and should be allowed to complete the project."

Hoeven's position puts him at odds with his Democratic counterpart. Sen. Tom Udall (D-New Mexico), the new vice chairman of the panel, has recognized the widespread opposition in Indian Country to both pipelines.

"While it seems like a foregone conclusion that President Trump will reject thoughtful environmental policies, as the vice chairman of the Senate Indian Affairs Committee, I am extremely worried about what President Trump's abrupt reversal of these steps - at a time when parties are working to reduce tensions - forecasts for his administration's approach to issues affecting Indian Country," Udall said in a press release.

The disagreement isn't unique to Hoeven or Udall. Energy projects like Dakota Access and Keystone have fueled partisan splits across the country, with Republicans rushing to defend the fossil fuel industry while Democrats question whether tribes have been adequately consulted about developments in their backyards.

Still, the division highlights a lack of unity on the Indian Affairs Committee at a time when tribes are looking to Congress to exercise its check-and-balance powers over an executive branch led by a polarizing and unpredictable figure. In addition to his infrastructure directives, Trump last week also called for the "immediate" construction of a wall along the U.S.-Mexico border but excluded tribes as partners in the effort.

Unsurprisingly, Hoeven sided with the White House on the controversial border security and immigration orders. Udall, on the other hand, called Trump's action "shameful" as protests sprung up at airports across the country in hopes of welcoming new arrivals to the United States.

But the differences among Hoeven and Udall aren't expected to hinder their committee's work in the new session of Congress. In addition to the business meeting on Tuesday morning, the panel's first oversight hearing on emergency management issues, takes place February 8.

During the last session of Congress, committee members of both parties worked together to advance a large number of tribal bills, a number of which were signed into law. They also convened a seemingly endless stream of hearings and meetings that put their counterparts in the House to shame.

But the lack of agreement between Hoeven and Udall means hot-button issues like Dakota Access will stay off the committee's radar unless Republicans agree to focus on them. It was Republicans, for example, who repeatedly brought up the Gold King Mine environmental disaster during the 114th Congress because it allowed them to accuse the Obama administration of wrongdoing.

Questioning whether the U.S. Army Corps of Engineers handled the permitting process for Dakota Access properly, on the other hand, runs the risk of Republicans appearing to criticize the energy industry or of going against a president from their own party.

At tomorrow's meeting, the committee will formally select the chair and vice chair. Members also will adopt rules for the committee and a funding resolution.

Despite the change in leadership -- both the chair and vice chair are new to the posts -- Mike Andrews is expected to remain as the Republican staff director and chief counsel for the committee. He worked closely with tribal leaders and tribal advocates when Sen. John Barrasso (R-Wyoming) served as chairman.

On the Democratic side, Jennifer Romero is the new director and counsel. She is a descendant of Santa Clara Pueblo in New Mexico although she is not at this time enrolled in the tribe.

"Her extensive experience with Native American law and policy will be a great asset to me and the committee as we work with Tribes in New Mexico and around the nation to ensure the United States meets its treaty obligations and works to create jobs and boost the economy on tribal lands," Udall said in a press release. Romero worked at the Interior Department during the Obama administration.

Senate Committee on Indian Affairs Notices:
Organizational Business Meeting (January 31, 2017)
Oversight Hearing on "Emergency Management in Indian Country: Improving FEMA's Federal-Tribal Relationship with Indian Tribes." (January 31, 2017)

White House Documents:
Presidential Memorandum Regarding Construction of the Dakota Access Pipeline (January 24, 2017)
Presidential Memorandum Regarding Construction of the Keystone XL Pipeline (January 24, 2017)
Executive Order Expediting Environmental Reviews and Approvals For High Priority Infrastructure Projects (January 24, 2017)
Presidential Memorandum Regarding Construction of American Pipelines (January 24, 2017)
Presidential Memorandum Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing (January 24, 2017)
Press Release: President Trump Takes Action to Expedite Priority Enery and Infrastructure Projects (January 24, 2017)

Federal Register Notice:
Notice of Intent To Prepare an Environmental Impact Statement in Connection With Dakota Access, LLC's Request for an Easement To Cross Lake Oahe, North Dakota (January 18, 2017)