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JUNE 28, 2001

The Senate Indian Affairs Committee on Wednesday approved the nomination of Neal McCaleb as Assistant Secretary of Interior for Indian Affairs but it may be some time before he can finally start putting his mark on Indian Country.

Due to continued wrangling over the transition of power from the Republicans to the Democrats, McCaleb's nomination can't yet be considered by the full Senate. "They will not [act] until an organizing resolution has been agreed to," said Patricia Zell, legal counsel for the committee.

An organizing resolution affects how the Senate is run -- everything from political appointees to office space. Ever since Jim Jeffords of Vermont officially left the Republican party, lawmakers for weeks have been trying finalize one but have stalled in a number of areas, including President Bush's potential Supreme Court picks.

Senate Majority Leader Tom Daschle of South Dakota hopes to have a deal finished before the Fourth of July vacation. "[W]e also are going to do the organizing resolution [before the break]," he said yesterday.

Until then, Secretary of Interior Gale Norton remains the only Cabinet official without any of her top aides confirmed. In addition to the Bureau of Indian Affairs, the Office of the Solicitor, the Office of Policy, Management, and Budget and a number of other Interior departments and agencies remain without leaders.

The void, to some, has resulted in negative consequences for Indian Country. "The same people who worked for [former Secretary Bruce] Babbitt are advising Norton," said Dennis Gingold, a lawyer representing the Individual Indian Money (IIM) account holders in the class-action Cobell v. Norton lawsuit.

Without new blood, Gingold believes his clients are hearing the same broken promises made to them year after year. "We see history recreated on a regular basis," he said.

A number of delayed decisions await McCaleb's input. While gaming compacts and other daily business continue to be approved by acting Assistant Secretary James McDivitt, the federal acknowledgment petitions of the Nipmuc Nation of Massachusetts and the Duwamish Tribe of Washington are in limbo.

McCaleb went before the committee two weeks ago and action had been sought on his confirmation quickly. Zell said the committee had been waiting on approval from all 14 members but could not immediately confirm who had yet to weigh in on McCaleb. In any event, she said he was approved by a majority.

Besides McCaleb, the Senate still has to consider J. Steven Griles as Undersecretary; Lynn Scarlett as Assistant Secretary for Policy, Management, and Budget; and Bennett Raley as Assistant Secretary for Water and Science. National Park Service Director Frances P. Mainella and Commissioner of Reclamation John W. Keys are also being considered.

Department of Interior Profiles:
Deputy Secretary: J. Stephen Griles (3/9)
Solicitor: Bill G. Myers (3/30)
Assistant Secretary for Policy, Management and Budget: P. Lynn Scarlett (4/4)
Assistant Secretary for Indian Affairs: Neal McCaleb (4/18)

Relevant Links:
Branch of Acknowledgment and Research - http://www.doi.gov/bia/ack_res.html

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Sandia Pueblo case still in limbo (6/21)
Interior nominees face Senate hearing (6/20)
McCaleb breezes through confirmation hearing (6/14)
McCaleb endorses BIA on recognition (6/14)