S10992 CONGRESSIONAL RECORD — SENATE December 22, 2010 EXHIBIT 2 The poll was conducted by locally based record in goes even be- DECEMBER 9, 2010. Ward Research Inc. with a sampling size of yond that—another 12 years in State Hon. . 604 respondents. Over the course of the last decade, during office, so a total of 42 years of serving Majority Leader, the administrations of President George W. the people of North Dakota. U.S. Senate, Washington, DC. Bush and President Obama, language in the DEAR SENATOR REID: We write to express I want to first say I am not objective the Administration’s strong support for the Akaka bill has been widely debated and when it comes to be- Native Hawaiian Government Reorganiza- amended in the effort to get it passed. Gov. Linda Lingle and her administration cause he is my best friend. We have tion Act of 2010 (S. 3945). been friends and allies for all of those This legislation establishes a process for oppose the current version of the bill. Lingle Native Hawaiians to organize a government had been a strong and influential supporter 42 years. In 1968 I was running a cam- roughly akin to the government of an Amer- of the bill, but now believes this version paign to lower the voting age in North ican Indian tribe. Once the Native Hawaiian grants too much authority to the Native Ha- Dakota and first met BYRON DORGAN, a government is created and its leaders elect- waiian entity at the onset of negotiations that would take place among the entity and young tax commissioner—very young, ed, the would officially recog- in his twenties, appointed after the nize the new governing entity and work with the state and the federal governments. For instance, it would grant ‘‘sovereign previous tax commissioner took his it on a government-to-government basis, just immunity’’ to the entity and its employees as the United States works with federally life. BYRON had extraordinary responsi- from the state’s criminal, public health, recognized Indian tribes in other States. bility thrust on him at a very young Senator Akaka first introduced a version child safety and environmental laws. Clyde Na¯ mu’o, administrator of the Office age, the youngest statewide official in of this legislation more than a decade ago. of Hawaiian Affairs, said he is ‘‘not surprised our State’s history. BYRON disposed of Since 1999, Senator Akaka, Senator Inouye, and actually pleased’’ by the latest poll num- those responsibilities with real distinc- and other members of Hawaii’s congressional bers, especially given the new opposition by delegation have worked tirelessly with the tion, becoming recognized as the most Lingle and others. last three Administrations—and especially influential State leader, even more in- ‘‘It’s fairly consistent with the polls that with our Departments—to greatly improve we did,’’ Na¯ mu’o said. ‘‘Obviously, there’s fluential than the Governor of the the bill, which has now received bipartisan still a majority of the people who still sup- State, by a major publication in North support from the House of Representatives, port’’ federal recognition. Dakota. the Senate Committee on Indian Affairs, and Two of three major candidates in the 1st I met BYRON DORGAN in that year and Hawaii’s Governor and Attorney General. Congressional District special election, Dem- Of the Nation’s there major indigenous ocrat Ed Case and Republican Charles Djou, was so struck by his ability, his cha- groups, Native Hawaiians—unlike American have said they do not support the current risma, and his vision for our State and Indians and Alaska Natives—are the only language of the bill that passed the House, our Nation that I thought: This is one that currently lacks a government-to- leaving Democrat Colleen Hanabusa as the government relationship with the United somebody I want to work with in my sole staunch supporter. States. This bill provides Native Hawaiians a career. ‘NOBODY KNOWS’ means by which to exercise the inherent We started a friendship that has Longtime opponents of the Akaka bill and/ rights to local self-government, self-deter- lasted to this day. In 1970 I was helping mination, and economic self-sufficiency that or federal recognition said the Hawai’i Poll other Native Americans enjoy. numbers show only that a majority of Ha- run the reelection campaign of Senator For these reasons, we urge the Senate to wai’i residents don’t know what federal rec- , who served in this pass the Native Hawaiian Government Reor- ognition means. Chamber for more than 30 years. I got ‘‘I think the big problem is nobody knows ganization Act of 2010 and send it to the to know BYRON even better then. In what’s inside the bill,’’ said Thurston Twigg- President for his signature. fact, my wife and I spent time with The Office of Management and Budget has Smith, former Honolulu Advertiser owner. advised that enactment of this legislation ‘‘They keep changing it, people don’t have a him and his wife. In the years that fol- would be in accord with the Administration’s chance to read it.’’ lowed we became very close friends. In program. Congress should hold hearings on the 1974, when I got back from business Sincerely, measure in Hawai’i so the public can get a school, BYRON called me and asked me ERIC H. HOLDER, JR., better understanding of the language, he said. to come to his office. I did the day Attorney General. after I returned home. We took a walk KEN SALAZAR, Hawaiian rights activist Dennis Pu’uhonua Secretary of the Inte- ‘‘Bumpy’’ Kanahele said the poll ‘‘only tells around the Capitol Grounds of the rior. me that people aren’t even aware of what the State of North Dakota and he talked to Akaka bill is all about.’’ me about what he saw as the future— EXHIBIT 3 The state’s politicians and ‘‘mainstream Hawaiian organizations’’ support the bill and the future of our State, things that [From the Honolulu Advertiser, May 3, 2010] not other models of self-determination, such were happening in the country that 66% OF HAWAII RESIDENTS FAVOR RECOGNI- as complete independence from the U.S. gov- needed to be addressed, and how the TION FOR NATIVE HAWAIIANS—POLL SHOWS ernment, he said. two of us might, working together, SLIGHT UPTICK FROM 2006, WHEN 63% AP- Kanahele said that’s why he’s been pushing change that future and make a dif- PROVED for a constitutional convention, so Hawai- ference. (By Gordon Y.K. Pang) ians can look at the different models and de- Hawai’i residents still favor federal rec- termine what’s best. I agreed that day to be his campaign ognition of Native Hawaiians by a 2-to-1 Among the 115 poll respondents who identi- manager for the House of Representa- margin, the latest Advertiser Hawai’i Poll fied themselves as Native Hawaiians, 82 per- tives. In that campaign, EARL POM- cent said they support federal recognition. numbers show. EROY, now North Dakota’s lone Con- Polling conducted last week found that 66 Among other ethnic groups, 66 percent of percent of the participants support Native those describing themselves as Japanese sup- gressman, was the driver. I was the Hawaiians being ‘‘recognized by Congress port it, while 61 percent of Filipinos and Cau- campaign manager. BYRON is always and the federal government as a distinct casians indicated support. quick to point out it was the only elec- group, similar to the special recognition Only 58 percent of those who identified tion he ever lost. He always said it was given to American Indians and Alaskan Na- themselves as 55 and older support federal the fault of the campaign manager. I recognition, while 72 percent of those ages 35 tives.’’ always said it was the fault of the driv- Such recognition could come about under a to 54 support it, and 79 percent of those process created by the Akaka bill, formally under 35 do. er. And EARL always believed we would known as the Native Hawaiian Government f have won if only he had been the can- Reorganization Act of 2009. The bill passed TRIBUTE TO RETIRING SENATORS didate. the U.S. House in February and is awaiting a Those were incredible days. I remem- vote in the Senate. BYRON DORGAN The Hawai’i Poll appears to indicate that, The PRESIDING OFFICER. The Sen- ber so well that campaign, the three of in recent years, a large segment of Hawai’i ator from North Dakota. us—we bonded in a way that I think is residents have settled into how they think Mr. CONRAD. Mr. President, I rise very rare in politics and served to- about federal recognition and the Akaka bill. today to pay tribute to my colleague, gether in a way that is unusual. There In 2000, the Advertiser Hawai’i Poll showed Senator BYRON DORGAN. This is his last was never the kind of competition that 73 percent in favor of federal recognition. often exists between Members. But That support appeared to dip in the latter day voting in the Senate. He is retiring part of the decade, when in 2006 the poll after serving the people of North Da- there was always a keen friendship and showed 63 percent of respondents in favor of kota in the Congress, the House, and a real partnership. We were allies, recognition. Senate, for 30 years. But BYRON’s fighting for North Dakota, fighting to

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A22DE6.046 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE December 22, 2010 CONGRESSIONAL RECORD — SENATE S10993 change the country, deeply committed pledge in that 1986 campaign, and the that benefit average people and also to each other and to our State. pledge I made was that I would not run somebody very suspicious of corporate After that campaign BYRON asked me for reelection unless the deficit was power. He passionately opposed what to be his assistant. Weeks later he dramatically reduced. If you have re- he thought were misguided trade poli- hired Lucy Calautti. Lucy, years later, viewed 1992, you know the deficit was cies that contributed to jobs moving became my wife, so I have always cred- at a record level. After the first Bush overseas. He was one of a handful of ited BYRON with bringing us together. administration, deficits were at record Senators who warned against consoli- We were also joined by my college levels. So I announced I would not seek dation and the excessive risk that roommate who became another assist- reelection, in keeping with my pledge. would result from repealing the bar- ant to then tax commissioner BYRON BYRON DORGAN announced for my seat, riers between commercial and invest- DORGAN, a young man named Jim and there was Lucy helping to run ment banking. He warned at the time, Lang, a very dear friend of mine, an ab- BYRON’s campaign for what was my in what has become a famous speech, solute genius, and the four of us seat in the Senate—a remarkable time that if we passed that legislation, we worked to build the Democratic Party in our lives. would face a financial crisis in the in North Dakota and to change the po- Then later that year, Senator Bur- years ahead. That prediction looks pre- litical landscape. dick, the other Senator from North Da- scient today in light of the financial Those were incredible times. We kota, died. The Governor called me and collapse of 2008. He was a leader in fought great battles for a coal sever- said: KENT, you have to run to fill out fighting for farm policies to benefit ance tax in North Dakota, for an oil the 2 years of his term; otherwise, family farmers and ranch families severance tax, things that helped build North Dakota is going to lose all its se- rather than corporate agriculture. In the financial base for our State. niority in one fell swoop, lose all of the midst of it all, he wrote two books: In 1980, BYRON announced that he Senator Burdick’s more than 30 years take this job and shove it—or ‘‘Take would seek North Dakota’s lone seat in of seniority. We are going to lose BY- This Job and Ship It’’ and ‘‘Reckless! the House of Representatives. I ran to RON’S 12 years of seniority in the House How Debt, Deregulation, and Dark succeed him as tax commissioner. because he is running for your seat in Money Nearly Bankrupted America.’’ Lucy, who by then was somebody for the Senate, and we will lose your 6 Most importantly, BYRON DORGAN whom I had great respect, was his cam- years of seniority if you do not run to had a vision, an energy, and a persist- paign manager in that race for the fill the term of Senator Burdick. ence that has played a huge role in House of Representatives. BYRON was I have always remembered that the building the prosperity of our State. successful, and I was successful in a media in North Dakota took a poll on Robert Kennedy once said: ‘‘There year in which no other Democrats were whether I should run to fill the 2 years are those that look at things the way successful in our State. of Senator Burdick’s term, and even an they are, and ask why? I dream of We then had a period of time, 6 years, overwhelming majority of Republicans things that never were, and ask why thought I should run. So the Governor before the Senate race in which BYRON not?’’ That is really the way BYRON ap- was in Washington, I was in North Da- told me there would be a special elec- proached service to North Dakota. He kota, and we campaigned together day tion after the regular elections in No- did not see limits; he saw opportunity. after day, weekend after weekend, vember. He said: Look, you have kept He looked at our university system month after month, all across North your pledge. You did not run for reelec- and technology industries and saw no Dakota, building a movement, a move- tion to your seat. BYRON is running for reason they could not be built into the ment that resulted in my running for election to your seat. You would be in Red River Valley Research Corridor the Senate in 1986. a special election in December. that could power the economy of east- So I agreed to run, and BYRON and I It was really BYRON’s turn. He could ern North Dakota. And he set about were running simultaneous campaigns have chosen to run, but he decided not making it happen, and he has suc- for the Senate in 1992, he for my seat in to, and so I did, in a race that many ceeded. the regular election, and I was running thought was impossible for me to win. He looked at our energy industry and for the special election in December. I started out more than 30 points be- saw no reason North Dakota could not Once again, we crisscrossed North Da- hind the incumbent. He had over $1 be the energy powerhouse for the Na- kota campaigning together, making million in the bank. When I got into tion. Through his position on the En- our case, and both of us won very big the race, I think I had $126. But BYRON ergy Committee and the Energy and victories in 1992. DORGAN was my ally in that race every From that time period forward until Water Subcommittee of Appropria- step of the way. I think very few others tions, he helped build North Dakota today, BYRON and I have served to- would have done what he did for me. I gether representing the State of North into one of the leading energy-pro- think very few other Members of the Dakota—best friends. What a remark- ducing States in the Nation. House of Representatives, having some- able story. He looked at the growth of the one else leapfrog them to come to the I can still remember one of the publi- knowledge industries and the Internet Senate, would have put themselves on cations here on the Hill—I can’t re- and saw no reason North Dakota could the line as much as BYRON DORGAN did member if it was The Hill or Roll not be wired with the same 21st-cen- for me in that Senate race in 1986. But Call—when the two Senators from Mis- tury telecommunications infrastruc- he was with me in every corner of the sissippi were fighting for the majority ture as the rest of the country. He used State fighting tooth and nail, an uphill leader position, ran a cartoon that his position on the Commerce Com- battle in which, as I said, I started out said: Why can’t the two Senators from mittee to get that done as well. 38 points behind. Mississippi be more like the Senators The results of his work can be seen in But on election day, I won a very from North Dakota—friends forever. every corner of our State. Modern narrow victory, winning by about 2,000 And BYRON and I have been friends for- highways and air terminals, new and votes over an incumbent who had won ever and will be friends forever. improved water infrastructure, a boom- his previous race with over 70 percent After the 1992 race, we both served ing energy and agricultural economy, of the vote and a man who really North Dakota, and, unlike so many high-tech companies springing up ev- looked like a U.S. Senator, Mark An- delegations, we did everything we erywhere across our State, the strong- drews—6 feet 5 inches, booming voice, could to support each other. I can’t est economic growth in the Nation, the white mane of hair, very powerful think of a time when there were ever lowest unemployment rate in the Na- speaker. Yet I was able to win that angry words exchanged between BYRON tion—by any measure, North Dakota is race in a squeaker, and I never could DORGAN and and myself. doing very well. Most of that, BYRON have without BYRON’s extraordinary It was what many people back home will tell you, is because of the hard assistance and support. called Team North Dakota. And we work and good judgment of the people For a period of time that I was in the have been a team, as close as you could of North Dakota. But among them, no Senate, he was in the House, and then be. one has worked harder or smarter on in 1992 I announced I would not seek re- During BYRON’S time in the Senate, behalf of North Dakota than Senator election to my seat because I made a he has been a fierce fighter for policies BYRON DORGAN.

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.082 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE S10994 CONGRESSIONAL RECORD — SENATE December 22, 2010 Let me close by saying that I do not imperil the important mission of that two Wyoming Senators but also Sen- know of a harder working or more pro- Department. ators RISCH, ENSIGN, BENNETT, and ductive person than BYRON DORGAN. He I ask unanimous consent that the GREGG. It was favorably reported out of produces extraordinary amounts of Senate proceed to executive session the Energy and Natural Resources high-quality work. He is type A and to the immediate consideration of Committee in September. The CBO squared, but he never forgot his roots. Calendar No. 1002, James Michael Cole, projects it will actually generate rev- BYRON DORGAN grew up in Regent, of the District of Columbia, to be Dep- enue for the Federal budget and will ND, a town of 300. He often reminds us uty Attorney General; that the nomi- help improve the economy in a lot of that he graduated in a class of nine and nation be confirmed and the motion to hard-hit mountain communities. he was in the top five. He is proud of reconsider be laid upon the table, with Mr. President, we passed a number of that background, he is proud of that no interviewing action or debate; that other bills out of the Energy and Nat- heritage, he is proud of our State, he is any statements be printed in the ural Resources Committee that, unfor- proud of our Nation, and we are proud RECORD, the President be immediately tunately, will not receive votes in this of him. notified of the Senate’s action, and the Congress. I want to touch on a couple I will miss BYRON DORGAN’S partner- Senate then resume legislative session. of them. ship here every day, but I know he will The PRESIDING OFFICER. Is there I begin with the National Forest In- be with us because BYRON DORGAN will objection? sect Disease Emergency Act. I have never be far from the fray. BYRON DOR- Mr. CHAMBLISS. Mr. President, re- been working on this concern for the GAN has served this body well, served serving the right to object. entire time I have served in the Con- the Nation well, and served our State The PRESIDING OFFICER. The Sen- gress, whether in the Senate or the extraordinarily well. ator from Georgia. House. We have an enormous bark bee- I yield the floor. Mr. CHAMBLISS. Mr. President, the tle epidemic in our Western forests. The PRESIDING OFFICER (Mr. Department of Justice is well aware of Those who study our forests say that FRANKEN.) The Senator from Colorado. some issues that have been raised by because of climate change and drought f the intelligence community, particu- and human activity, these epidemics larly the Senate Intelligence Com- will become more and more common. UNANIMOUS-CONSENT REQUEST— mittee, with respect to this nominee; H.R. 2476 What the bill would have done is pro- therefore, I must object. vide the tools and resources to the For- The PRESIDING OFFICER. Objec- Mr. UDALL of Colorado. Mr. Presi- est Service to help address this serious tion is heard. dent, I ask unanimous consent that the natural disaster. It is slow moving but The Senator from Colorado. Senate proceed to Calendar No. 636, nonetheless a natural disaster. That Mr. UDALL of Colorado. Mr. Presi- H.R. 2476; that the Udall of Colorado disaster is the deaths of millions and dent, if I might, I would like to yield to substitute amendment which is at the millions of acres of trees due to insect Senator BARRASSO from Wyoming to desk be agreed to; the bill, as amended, infestations. be read a third time and passed; the discuss the important bill that was just Senators CRAPO and RISCH were co- Udall of Colorado title amendment objected to. sponsors. It is a very significant dis- which is at the desk be agreed to; the The PRESIDING OFFICER. The Sen- appointment that we didn’t move to motions to reconsider be laid upon the ator from Wyoming. consider this bill. I know it would have table, with no intervening action or de- Mr. BARRASSO. It was a privilege passed the Senate. bate; and any statements relating to for me to cosponsor this piece of legis- Another bill is the Leadville Mine the matter be printed in the RECORD. lation with the distinguished Senator The PRESIDING OFFICER. The Sen- from Colorado. My colleague Senator Drainage Tunnel Act, commonsense ator from Georgia. ENZI and I have long been advocates of legislation that would directly benefit Mr. CHAMBLISS. Mr. President, on allowing an additional opportunity for a community in Colorado and, indeed, the entire Arkansas River Valley, one behalf of Senator KYL and Senator jobs and for economic development of the significant watersheds in the MCCAIN, I respectfully object. into the wonderful ski areas around The PRESIDING OFFICER. Objec- Rocky Mountain West, which is the in- State of Colorado. This mine drainage tion is heard. tent of this bill. It really is aimed at tunnel near Leadville, in 2008, was Mr. UDALL of Colorado. Mr. Presi- increasing summer activities so that a backed up with a large volume of con- dent, if I might, I know Senator DUR- number of these locations, if you will, taminated water which then created a BIN has a pressing unanimous consent on Forest Service land can use that safety hazard to the community, but it request. I ask unanimous consent that land for an extended season, which was unclear whether the Bureau of when he has concluded his request, would then work toward full-time, Reclamation or the Environmental Senator BARRASSO and I could engage year-round employment for the folks in Protect Agency was responsible for ad- in a colloquy on the very bill that has those areas, putting in things such as dressing it. been objected to. zip lines and opportunities for rec- My bill would clarify that the Bureau The PRESIDING OFFICER. Without reational advancements to increase the of Reclamation has the authority to objection, it is so ordered. amount of tourism, the amount of visi- treat this backed-up water and is re- The Senator from Illinois. tors to these wonderful places people sponsible for maintaining the tunnel so that in the future these kinds of f like to enjoy. We think additional op- portunities and enhancements would threats will not arise and, if they do, it UNANIMOUS-CONSENT REQUEST— allow for additional employment. That is clear who is responsible to mitigate EXECUTIVE CALENDAR is why Senator ENZI and I joined with them. It is a straightforward bill. It Mr. DURBIN. Mr. President, the Ex- Senator UDALL in support of his efforts doesn’t cost anything. It would give ecutive Calendar of the Senate notes, on this important piece of legislation. the people of Leadville the certainty on page 5, Calendar No. 1002, James Mi- Mr. UDALL of Colorado. Mr. Presi- they have needed for years. chael Cole, of the District of Columbia, dent, I thank both Senators from Wyo- Finally, I wish to mention the Sugar nominated by the President of the ming for their support. I know we will Loaf Fire Protection District Land Ex- United States to be Deputy Attorney go back to work in the next Congress change Act. This would help protect General. That was reported by the Sen- because, as the Senator pointed out, public safety. It facilitates a fair ex- ate Judiciary Committee, his nomina- this bipartisan bill would provide clear change of lands on the Arapaho-Roo- tion, on July 20 of this year. We are authority for the Forest Service to sevelt National Forest near Boulder be- now into December, and this year is allow additional summertime use of tween the Forest Service and the Sugar coming to an end. This has taken long ski areas which would help create jobs Loaf Fire District. The fire district is enough. and grow sustainable economies in ski seeking this exchange so they can up- I ask that the No. 2 spot in the De- country. It is no cost. It is common grade and maintain fire stations which partment of Justice be filled, that we sense, as the Senator pointed out. That serve this community which has been not continue to have this vacancy and is why it not only has support from the subjected to wildland/urban fires. We

VerDate Mar 15 2010 06:44 Dec 23, 2010 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G22DE6.100 S22DEPT1 jbell on DSKDVH8Z91PROD with SENATE