FROM THE ARCHIVE
Norton questioned on diversity disabled
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JANUARY 11, 2001

A 1996 speech made by Secretary of Interior nominee Gale Norton has worried two environmental groups, who on Wednesday questioned her ability to oversee the Bureau of Indian Affairs and ensure access for the disabled to national parks.

In the speech, given before a Denver-based conservative group, Norton -- then Attorney General for Colorado -- lamented on what she termed the loss of states' rights. Recounting her battles with the federal government on the environment and the Americans with Disabilities Act, Norton likened the issue to the end of Civil War, saying the states "lost too much" defending slavery and calling a proposed wheelchair ramp at the state capitol an "ugly addition."

"Again, we certainly had bad facts in that case where we were defending state sovereignty by defending slavery," said Norton. "But we lost too much. We lost the idea that the states were to stand against the federal government gaining too much power over our lives."

Although the speech states slavery was "bad law," it has worried the Environmental Working Group, a public interest group, and the Community Rights Counsel, a public interest law firm. On Wednesday, they wrote a letter to Norton, asking her to clarify her views.

"We were deeply disturbed to recently read remarks you made to the Independence Institute in 1996," the wrote. "They are alarming to us as you prepare to head a Department with important diversity goals for its more than 72,000 employees, which oversees the Bureau of Indian Affairs, [and] which is responsible for providing disabled access to National Park lands and facilities."

As George W. Bush prepares to assume control of the White House, the battle between states' rights and the federal government has been a key issue. While many Republicans criticize the government for taking too much power away from states, the Clinton administration in its final days has finalized several controversial rules and regulations.

For Norton, the battle appears close to her heart. A staunch property-rights defender, Norton in 1998 told Congress that the National Environmental Policy Act (NEPA) has "lost its way," and called for "devolution", or transferring the federal government's power to the states. Two years later when she made her speech before the Independence Institute, the group labeled her one of the "heroes of devolution."

But the issue has more than just environmentalists concerned. On the campaign trail, Bush was criticized by tribal leaders for remarks seen as an affront to tribal sovereignty. And though his views were subsequently clarified by a spokesperson, Bush has had a tough time overcoming them.

His choice of Norton may only compound fears of a Republican-controlled White House. Norton would oversee the Bureau of Indian Affairs in actions affecting over 500 federally recognized tribes -- many who view their unique relationships with the federal government protects them from encroachment of state law, taxation, and regulation on their lands.

Norton's confirmation hearing before the Senate Energy and Natural Resources Committee will take place January 18. She is scheduled as the only witness.

Get Norton's Speech:
Rediscovering the 10th Amendment (Gale Norton. Stevinson Center Symposium: The Spirit of ‘96 "Heroes to Devolution." August 1996)

Get the Letter:
Letter to Gale Norton (Environmental Working Group, Community Rights Counsel. January 10, 2001)

Relevant Links:
Environmental Working Group - www.ewg.org
Community Rights Counsel - communityrights.org
The Senate Energy and Natural Resources Committee - www.senate.gov/~energy

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