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Testimony for Scott Burns
Deputy Director for State, Local, and Tribal Affairs
Office of National Drug Control Policy
Before the Senate Indian Affairs Committee

May 17, 2007

Disrupting the Market

Regarding the focus of this hearing, I am pleased to share the extensive law enforcement efforts that ONDCP and the Administration are undertaking in Indian Country. The common theme of all these law enforcement initiatives is collaboration among tribal, state, local, and Federal partners crucial to bridging historical, cultural, and jurisdictional barriers.

HIDTA

The Office of National Drug Control Policy Reauthorization Act of 2006, Public Law No: 109-469 requires ONDCP to prepare a report for Congress on the representation of tribal governments in the High Intensity Drug Trafficking Areas Program (HIDTA). While ONDCP is still in the process of compiling information and drafting this report, I can offer a brief overview of tribal involvement in HIDTA. Several HIDTAs such as the Oregon HIDTA, Northwest HIDTA, Nevada HIDTA, New Mexico Region of the Southwest Border HIDTA, Arizona Region of the Southwest Border HIDTA, and Rocky Mountain HIDTA have some level of participation from tribal law enforcement, ranging from task force membership to occasional collaboration. HIDTA is trying to increase tribal participation; however, the obstacles from the perspective of the tribal entities include lack of manpower, insufficient funding, and sovereignty issues.

Indian Affairs Executive Working Group/HIDTA

Prior to our reauthorization ONDCP had already begun to foster cooperative law enforcement initiatives in Indian Country. With the creation of the Indian Affairs Executive Working Group (IAEWG) in 2005, the Administration has brought together all federal agencies that fund programs and initiatives involving Native Americans. This creates a mechanism for the Federal Government to work together on these complex issues, creating consistency and building trust with tribal entities. IAEWG is comprised of five issue-specific task forces. I chair the Law Enforcement Task Force which includes members from the Department of Justice, Bureau of Indian Affairs, Drug Enforcement Administration, Indian Health Services, Department of Homeland Security, Environmental Protection Agency, Federal Bureau of Investigation, and Substance Abuse and Mental Health Services Administration. On Friday, May 18, 2007, members of the Law Enforcement Task Force will be meeting with the National Drug Intelligence Center to begin writing a new drug threat assessment for Indian Country.

One of the Law Enforcement Task Force’s main accomplishments is their collaboration and facilitation in the use of $500,000 of HIDTA discretionary funds for initiatives in Indian Country. The purpose of the Native American Project is to use intelligence-driven operations to detect, deter, interdict, disrupt and/or dismantle organizations involved in drug trafficking, in general, or methamphetamine trafficking, specifically, on tribal lands. Four HIDTAs were chosen to receive FY2006 funds. The Rocky Mountain HIDTA, the Northwest HIDTA, the Arizona Region of the Southwest Border HIDTA, and the New Mexico Region of the Southwest Border HIDTA. Because of their ongoing nature, we are unable to specify the exact locations of these efforts; doing so could jeopardize the success of the current investigations.

This spring I met with all the participating tribal governments to explain the program, listen to their concerns, and ask for their cooperation. They are all willing and eager to work with us and I look forward to continued collaboration. Through these meetings I observed extreme disparities between the sophistication of the law enforcement agencies and financial security of the different tribal entities. These differences illustrate the importance of flexible programs that can be tailored to the needs of the individual tribes.

ONDCP is working with the Law Enforcement Task Force to increase coordination and build on the pilot program. Although we are only in the initial phases of the program, there have already been some successes. For example, utilizing funding from the Arizona HIDTA Region: Native American Project–FY 2006 Supplemental Funding, wire taps (Title III’s) are being used to support the effort to address meth on the reservation. Agents from the DEA Mobile Enforcement Team (MET), working in conjunction with tribal PD, ATF, FBI, ICE, BIA, and the Arizona Department of Public Safety have identified numerous separate organizations which are distributing and selling on the Indian Community associated with the most recent meth operations. This operation is ongoing therefore the name of the Indian Community and specifics to the case can not be included.

In just one of the four HIDTAs, nine separate drug trafficking organizations have been identified, and officers have made 21 controlled multi-ounce methamphetamine purchases. 4.32 kilograms of methamphetamine, 2 kilograms of cocaine, three guns, and $64,546 have been seized.

Upcoming Events

On Sunday June 10, 2007 ONDCP will attend the Meth Task Force Meeting at the National Congress of American Indians (NCAI) Mid-year Conference. We will give a brief overview of ONDCP’s efforts, but more importantly have the opportunity to hear from tribal leaders about the effect that methamphetamine is having in their community. Then, on Monday June 11, 2007, I will address Plenary Tribal Session regarding what ONDCP is doing to address methamphetamine and other drugs in Indian Country.

I will speak at the first annual Hopi Youth Conference which will take place on June 20, 2007, in the Village of Hotevilla, AZ, on the Hopi Indian Reservation. This youth conference is expected to be attended by over 200 students from ages 12–25 reservation wide and include nearby Navajo communities. Subjects presented will include substance abuse (including methamphetamine), and other health issues concerning our youth.

During this trip, we will have the opportunity to meet with the Navajo Nation Drug Enforcement Units and surrounding tribal police agencies participating in a tribal law enforcement empowerment pilot project. These participating tribal agencies include, the Hopi Tribe, White Mountain Apache Tribe, San Carlos, Apache Tribe and the Tohono O odham Tribe. These agencies are in the planning stages of establishing an all Indian country drug task called the "Lucky Seven Task Force." This meeting will take place on either June 19, or June 21, 2007, at the Navajo Law Enforcement Training Center in Toyei, AZ.

Finally, in partnership with the National Alliance for Model State Drug Laws (NAMSDL,), Office of Justice Programs/Bureau of Justice Assistance (OJP/BJA), and the Substance Abuse and Mental Health Services Administration (SAMHSA), ONDCP is in the process of conducting four regional planning events to assist states, counties, local governments, and tribal entities with their legislative and policy efforts to address methamphetamine and its related issues. In addition a fifth summit will take place in Phoenix, AZ on August 1, 2007, with a focus on methamphetamine in Indian Country.


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Last Updated: May 24, 2007