U.S. House of Representatives
WA District 6
Rep. Derek Kilmer
Democrat Nominee
Rep. Kilmer was born and raised on the Olympic Peninsula. He focused on studying economic development, earning a bachelor’s degree from Princeton University’s School of Public and International Affairs and a doctoral degree from the University of Oxford in England. He started his career as a business consultant assisting Washington state businesses, non-profits, and government agencies work more efficiently. He was elected to serve in the Washington State House in 2004 and to the State Senate in 2006. In Congress he serves as the Chair of the Select Committee on the Modernization of Congress. He lives in Gig Harbor with his wife and two daughters.
Responses to Tribe's Questions
To read about this candidate’s responses to the Snoqualmie Tribe’s questions, click through each question below.
Q1: What do you know about the Snoqualmie Tribe?
Response:
Having served in both the Washington State Legislature and the United States House of Representatives over the last 16 years, I have had the privilege of working closely with and developing a deep understanding of the Snoqualmie Tribe and its priorities. I’ve appreciated the opportunity to visit your region and meet with your tribal leadership – both in your community and in Washington, D.C. I’m consistently impressed with the Snoqualmie Tribe’s commitment to providing quality health care, education, and opportunities for all of its tribal members. As a member of the Interior & Environment Appropriations Subcommittee, I’ve valued the opportunity to engage with the tribe and to partner in efforts to protect the environment and the tribe’s sacred lands.
Q2: What is your experience working with Tribes?
Response:
I believe that frequent and meaningful communication with tribal leaders and their members is critical to representing the 6th District and Washington State in Congress. Since my time in office, I have made it a priority to visit every tribal reservation and tribal council in and near my district to ensure that tribal communities are being heard by their representative in Congress. As a member of the Interior, Environment, and Related Agencies Appropriations Subcommittee, and the Congressional Native American Caucus, my staff and I have built strong relationships with tribes across the state and nation to help advocate for sound policy and investments in Indian Country.
And since my time in the State Legislature, I have been honored to partner with our region’s tribes. I work closely with Washington State Tribes and have been a strong advocate in ensuring that the federal government fulfills its treaty obligations and trust responsibilities. I am proud to partner with Indian Country to support tribal sovereignty, to advocate for additional resources to Tribal governments, and to support policy priorities important to Tribal Nations. For my leadership on these issues, I received the 2020 Congressional Leadership Award from the National Congress of American Indians.
Q3: What does the ideal government-to-government relationship with tribes look like to you?
Response:
Recognizing the importance of the government-to-government relationship between the federal government and federally recognized tribes, and the federal trust responsibility, I believe there is a need to ensure the federal government engages in meaningful coordination and consultation with tribes. That’s why I strongly supported the establishment of the White House Council on Native American Affairs during the Obama Administration, which worked to honor treaties and ensure that tribes’ inherent sovereignty and right to self-governance is recognized and protected by improving coordination of Federal programs and the use of resources available to tribal communities. In fact, I’ve also worked on legislation to enhance the government-to-government relationship between the U.S. Navy and the tribes in my region. As the Navy continues to invest in our region, the agency must uphold its trust obligations and honor treaty rights by conducting meaningful government-to-government consultations with the local tribes.
Q4: If elected, what would your Indian Country-related goals be?
Response:
As someone who represents 11 Native American tribes, I have been on the frontlines of trying to ensure that the federal government lives up to its commitments and addresses centuries of unfair treatment. Along those lines, I worked with the US Commission on Civil Rights to advance the Broken Promises Report, detailing the federal government’s systemic failures in meeting the needs of tribal communities – and outlining a roadmap to address them. The next step is to follow that roadmap and address those inequities.
There’s much more work to be done, which is why I will continue to work closely and partner with our tribal communities. I have sponsored a number of bills that would actively protect and advance the interests of Native American tribes on issues pertaining to criminal justice, health care, education, housing, economic development, and natural resources, and I will continue to work hard to pass those bills into law. In this Congress alone, I’ve sponsored over 20 bills related to tribal issues, including the Bridging the Tribal Digital Divide Act (HR 5850), the Native American Housing Assistance and Self-Determination Reauthorization Act (HR 5319), the Native American Voting Rights Act of 2019 (HR 1694), the Indian Community Economic Enhancement Act (HR 1937), PROGRESS for Indian Tribes Act (HR 1931), and Savanna’s Act (HR 2733) to help address the issue of Murdered and Missing Indigenous Women and Girls
Additionally, in this midst of this pandemic, I’ve called on the federal government to provide Native American tribes with the support they need. That’s why I am sponsored the Tribal Health Care Protection Fund Act (HR 6836), which would provide tribes with critical health care resources, and the COVID-19 DISASTER in Indian Country Act (HR 6819), which would grant Indian tribes emergency special temporary authority of available spectrum on tribal lands so they can deploy broadband networks on tribal lands. Finally, as a member of the Interior and Environment Subcommittee on Appropriations, I’m in a key role to try to address some of the funding issues facing tribal communities.
Q5: What is your knowledge of tribal treaties and trust obligations?
Response:
I am well aware of the concept of tribal treaty and trust obligations, and I fully understand how important it is to uphold them. One of the most memorable experiences I’ve had in Congress was hosting tribal leaders from more than a dozen tribes at the National Archives Treaty Room where they got the opportunity to see their original treaty documents. At their core, tribal treaty and trust obligations are the guiding principle that the federal government has made promises from the American government to tribal governments – and it has a duty to uphold those promises.
Q6: Do you support increasing funding to tribes for services such as health care, cultural resources, and education?
Response:
Yes, as a member of the Interior, Environment and Related Agencies Subcommittee of the Appropriations Committee, I have been a vocal advocate for increasing funding for the Bureau of Indian Affairs, the Bureau of Indian Education, and the Indian Health Service and providing advanced appropriations for these critical programs to ensure they aren’t impacted by the next government shutdown. Our federal treaty obligations are simply not discretionary.
Beyond my work on the Appropriations Committee, I’ve also passed the Tribal Coastal Resiliency Act to create new dedicated funding to support coastal tribes that are confronting the reality of climate change. I’ve also led efforts to draw attention to the issue of Murdered and Missing Indigenous Women and Girls and sponsored Savanna’s Act to step up to this horrific crisis.
Q7: What do you know about free, prior, and informed consent (FPIC)? If elected, would you advocate for these principles to be included in legislation and policy?
Response:
The United Nations Declaration on the Rights of Indigenous Peoples recognizes the specific right of indigenous people to free, prior, and informed consent (FPIC). This empowers indigenous people to give or withhold consent for a policy or project that may affect them or their homelands. The notion is that the consent should be free – given voluntarily and without coercion. It should be prior to an activity that impacts a tribe. It should be informed, meaning adequate consultation and the provision of information must occur. To me, this concept is consistent with the right to self-determination and sovereignty. As someone who has stood up for tribal sovereignty and has consistently supported legislation that honors tribal sovereignty, self-determination and self-governance, I am supportive of this concept.
Q8: What protections do you believe Tribal cultural resources and sacred sites should have?
Response:
I support the efforts of all tribal nations to protect sacred and historic sites by recognizing and reaffirming each tribe’s sovereign authority to approve or prohibit activities on tribal lands. On numerous occasions, I have been active in efforts to protect cultural resources that may otherwise have been impacted by a project. In addition, as a member of the House Interior & Environment Appropriations Subcommittee, I’ve advocated for funding for Tribal Historic Preservation Offices and other resources vital to these efforts.
Q9: What do you believe is the best role of government in the fee to trust process for tribes to gain jurisdiction over their traditional lands?
Response:
I support efforts to restore tribal homelands, and I recognize that placing lands into trust for tribal nations is a key component of that. I’m committed to tribal self-determination and self-governance, and I believe this process should empower tribal communities to be more resilient. I was pleased to see the Obama Administration break the logjam in trust applications to make tribal communities whole again. I am proud to be an original cosponsor of legislation (HR 375) to provide a clean Carcieri Fix to reverse the 2009 Supreme Court decision and reaffirm the ability of the Department of the Interior to hold land in trust for tribal nations.
Q10: What do you know about the Snoqualmie Tribe's sacred site, Snoqualmie Falls? Do you support the Tribe's right to have a say in any future decisions made on its sacred site, including hydropower licensing?
Response:
First, I’ve been to Snoqualmie Falls numerous times, and I was really close to proposing to my wife there (as many of the tribal council members know, I chickened out because there were too many people there). More importantly, I understand the importance of Snoqualmie Falls to the Snoqualmie Tribe, as it is at the core of their cultural and spiritual beliefs and serves as a traditional burial site. As I stated in response to the question regarding cultural resources and sacred sites, I believe in tribal nations’ right to protect sacred and historic sites. That certainly includes Snoqualmie Falls, and I believe the Snoqualmie Tribe has the right to weigh in on future decisions made about the site. I advocated for the Snoqualmie Tribe’s leadership to be included in the Interior & Environment Subcommittee’s tribal testimony day, and I appreciated the passion that was shared with the committee.
Elizabeth Kreiselmaier
Republican Nominee
Elizabeth has a career in the field of educational research and program evaluation. She has her bachelor’s degree in Psychology and PhD in Special Education, Management, and Counseling Psychology from the University of Oregon. She has been the Project Director at Wested/Far West Laboratory, and used to work at Oregon Research Institute.
Responses to Tribe's Questions
To read about this candidate’s responses to the Snoqualmie Tribe’s questions, click through each question below.
Q1: What do you know about the Snoqualmie Tribe?
Response:
Snoqualmie Tribe is one of the federally recognized tribes in Washington. I understand that the Snoqualmie Tribe has lived in the Snoqualmie Valley since the dawn of memory. The beautiful and spiritually inspiring Snoqualmie Falls area is the birthplace of the Snoqualmie Tribe. Thus, the preservation of the sacred grounds surrounding the Snoqualmie Falls is seen as most critical to the Tribe.
Q2: What is your experience working with Tribes?
Response:
I have not previously worked with Tribes. However, I have a deep emotional and spiritual understanding of the need to be good stewards of our environment, and I also have great respect for the diverse backgrounds and histories of all the people groups represented in our country. I am therefore eager to learn more about the history and current policy priorities of the Snoqualmie Tribe & other Tribes in Washington State.
I would also invite input and welcome a meeting (whether in-person or by Zoom) with Tribal leaders/members in order to establish a working relationship and hear how I might best be helpful once I am elected to Congress.
Q3: What does the ideal government-to-government relationship with tribes look like to you?
Response:
I found the timeline provided by the National Congress of American Indians (NCAI) to be a most helpful resource in its laying out the history of State/Federal and Tribe government-to-government relationships, as well as in its description of the progress that has been made in recognizing and promoting Tribal sovereignty over the course of that time.
Given that 29 of the federally recognized sovereign tribal nations reside in Washington state, it is imperative that the formal nation-to-nation relationship between Tribes and the US government be of a strong and trusting nature. Importantly, the NCAI underscores that US treaties and laws have created what is known as the federal “trust responsibility,” to protect both tribal lands and tribal self-government, and to provide for federal assistance to ensure the success of tribal communities.
Q4: If elected, what would your Indian Country-related goals be?
Response:
My first goal as a newly elected Congress member would be to educate myself regarding both the past & current priorities of the Tribes collectively within the state & particularly within the 6th District. Secondly, as a new Federal legislator for Washington I would aim to participate in and facilitate collaborations between federal, state & local governments and their agencies with Tribal governments for cooperative agreements.
Q5: What is your knowledge of tribal treaties and trust obligations?
Response:
My rudimentary understanding is that Tribal members were signatories of the Treaty of Point Elliott of 1855, which reserved for the Native American Tribes in the Puget Sound area, including Snoqualmie, the right to hunt, fish, and live in the places they had done so for thousands of years. Article 1, Section 8 of the US Constitution states “The Congress shall have the power to…regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” The United States recognizes tribes as sovereign nations and the rightful owners of the land through the signing of treaties that carry the weight of the U.S. Constitution. The importance of understanding and honoring tribal treaties and trust obligations would thus be essential for US Congress members.
In my initial gathering of information on tribal treaties and trust obligations, the Washington Governor’s Office of Indian Affairs website proved to be an excellent resource regarding State-Tribal Relationships & the Centennial Accord which provides the framework for the Government-to-Government Relationship with the federally recognized Indian Tribes in Washington State as set forth in RCW 43.376. It also provides links to other helpful resources regarding tribal treaties and trust obligations. While these provide a starting place for learning, I would also hope to interact directly and extensively with members of Tribal Councils to hear of priorities, problems, and proposed solutions firsthand from those in leadership today.
Q6: Do you support increasing funding to tribes for services such as health care, cultural resources, and education?
Response:
Yes, certainly, where warranted by demonstrated need and feasible within the larger fiscal context.
Q7: What do you know about free, prior, and informed consent (FPIC)? If elected, would you advocate for these principles to be included in legislation and policy?
Response:
Free, Prior and Informed Consent (FPIC) is a safeguard or policy for the protection of Indigenous Peoples and Local Communities (IP/LC) to give or withhold their consent prior to the commencement of any activity that may affect their rights, land, resources, territories, livelihoods, and food security. I am aware that the Attorney General Bob Ferguson on May 10th announced a new state policy supporting “Free, Prior & Informed Consent (FPIC)” for federally recognized tribes in Washington. Subsequently the FPIC principle was written into the carbon tax initiative I1631 that did not pass.
Vis-à-vis the big picture, I do understand the need for sensitivity and serious protections for tribal lands and waters in Washington. I also understand that any restrictions considered and ultimately implemented in the form of laws must fairly weigh and balance the needs and desires of the Tribes with the needs and desires of the District as a whole. Legal, ethical, historical, economic, and cultural considerations must all be carefully examined from various consitutuents’ points of view in order to arrive at fair, mutually beneficial, and mutually respectful cooperative decisions and provisions.
Q8: What protections do you believe Tribal cultural resources and sacred sites should have?
Response:
I would like to see that all historical Tribal cultural resources and sacred sites be protected, and my commitment would be to do so wherever possible. As far as I can tell, only exceptional circumstances such as critical safety issues or human health concerns would warrant an exploration of alternative avenues or solutions.
Q9: What do you believe is the best role of government in the fee to trust process for tribes to gain jurisdiction over their traditional lands?
Response:
From my admittedly limited vantage point, this would appear to be a very complicated and complex role and set of processes. According to the US Department of Indian Affairs “taking land into trust is one of the most important functions that the US Department of the Interior undertakes on behalf of the tribes” in that it is essential to tribal self-determination. It was highlighted on the Department of Indian Affairs website that the protection and restoration of tribal homelands is an important way to meet the standards Congress established eight decades ago to reinvigorate the policies underlying the Indian Reorganization Act.
In general, most Native American lands are trust lands. Approximately 56 million acres of land are held in trust by the United States for various Native American tribes and individuals. My understanding is that the US government still maintains control over those lands under trusts–even when Tribes or members of Tribes have bought the land. That being the case, it is understandable that Tribes would desire to take all appropriate action to gain jurisdiction over their traditional lands to the extent possible, with the caveat being that the needs of the neighboring populations would need to be factored fairly into the equation as well.
Q10: What do you know about the Snoqualmie Tribe's sacred site, Snoqualmie Falls? Do you support the Tribe's right to have a say in any future decisions made on its sacred site, including hydropower licensing?
Response:
I am aware that the site is of tremendous cultural and spiritual importance to the Snoqualmie Tribe, and of their successful purchase of it in 2019. This was a major victory, as there have been competing demands for and on this site for many years. The historical significance of Snoqualmie Falls is beautifully described on the Tribe’s own website: “The mists carry our thoughts and prayers to the spirits and ancestors as they cleanse our thoughts. The rushing waters give us the strength to keep our traditions alive and to continue to thrive in the modern times.”
Yes. I would love to see the Falls remain in their natural pristine form. However, if the Snoqualmie Tribe were in a position to and desired to license the falls for hydropower, I would certainly be open to exploring that option and supporting that decision.
I would work to bring together various (and, at times, vying) constituents to explore any proposals being put forth. But ultimately, I would advocate to the extent I could that the site be protected from any adverse development, and that any project deemed necessary and acceptable to all parties involved be done in the most ecologically-friendly manner feasible. Snoqualmie Falls is a beautiful treasure worth preserving and protecting.