    [Senate Hearing 108-312]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 108-312

       TRIBAL GOVERNMENT AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002

    =======================================================================

                                    HEARING

                                   BEFORE THE

                          COMMITTEE ON INDIAN AFFAIRS
                              UNITED STATES SENATE

                          ONE HUNDRED EIGHTH CONGRESS

                                 FIRST SESSION

                                       ON

                                     S. 578

      TO AMEND THE HOMELAND SECURITY ACT OF 2002 TO INCLUDE INDIAN TRIBES
    AMONG THE ENTITIES CONSULTED WITH RESPECT TO ACTIVITIES CARRIED OUT BY
                       THE SECRETARY OF HOMELAND SECURITY

                                   __________

                                 JULY 30, 2003
                                 WASHINGTON, DC

    89-143              U.S. GOVERNMENT PRINTING OFFICE
                                WASHINGTON : 2003
    ____________________________________________________________________________
    For Sale by the Superintendent of Documents, U.S. Government Printing Office
    Internet: bookstore.gpo.gov  Phone: toll free (866) 512-1800; (202) 512�091800
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                          COMMITTEE ON INDIAN AFFAIRS

                  BEN NIGHTHORSE CAMPBELL, Colorado, Chairman

                    DANIEL K. INOUYE, Hawaii, Vice Chairman

    JOHN McCAIN, Arizona,                KENT CONRAD, North Dakota
    PETE V. DOMENICI, New Mexico         HARRY REID, Nevada
    CRAIG THOMAS, Wyoming                DANIEL K. AKAKA, Hawaii
    ORRIN G. HATCH, Utah                 BYRON L. DORGAN, North Dakota
    JAMES M. INHOFE, Oklahoma            TIM JOHNSON, South Dakota
    GORDON SMITH, Oregon                 MARIA CANTWELL, Washington
    LISA MURKOWSKI, Alaska

             Paul Moorehead, Majority Staff Director/Chief Counsel

            Patricia M. Zell, Minority Staff Director/Chief Counsel

                                      (ii)

                                C O N T E N T S

                                  ----------
                                                                       Page
    S. 578, text of..................................................     2
    Statements:
        Akaka, Hon. Daniel K., U.S. Senator from Hawaii..............    45
        Bennett, Audrey, president, Prairie Island Indian Community
          of Minnesota...............................................    30
        Edwards, Gary, chief executive officer, National Native
          American Law Enforcement Association.......................    50
        Filler, Josh, director, Office of State and Local Government
          Coordination, Department of Homeland Security..............    26
        Hall, Tex, president, National Congress of American Indians..    47
        Heffelfinger, Thomas B., U.S. attorney, State of Minnesota,
          on behalf of the Department of Justice.....................    22
        Inouye, Hon. Daniel K., U.S. Senator from Hawaii, vice
          chairman, Committee on Indian Affairs......................     1
        Johnson, Roland E., Governor, Pueblo of Laguna...............    33
        Juan-Saunders, Vivian, chairperson, Tohono O'odham Nation of
          Arizona....................................................    38
        Old Person, Earl, chief and tribal council member, Blackfeet
          Tribal Business Council of Montana.........................    36
        Raub, William F., principal deputy assistant secretary,
          Office of Public Health Emergency Preparedness, Department
          of Health and Human Resources..............................    27
        Sanders, Tim, emergency operations coordinator, Gila River
          Indian Community Office of Emergency Management, Gila River
          Indian Community...........................................    52
        Virden, Terry, director, BIA, Department of the Interior.....    25
        Windy Boy, Alvin, chairman, Chippewa Cree Business Committee
          of Montana.................................................    40

                                    Appendix

    Prepared statements:
        Bennett, Audrey (with attachment)............................    60
        Edwards, Gary (with attachment)..............................    63
        Filler, Josh.................................................   127
        Hall, Tex....................................................   131
        Heffelfinger, Thomas B.......................................   137
        Johnson, Roland E. (with attachment).........................   148
        Juan-Saunders, Vivian (with attachment)......................   167
        Old Person, Earl.............................................   183
        Sanders, Tim (with attachment)...............................   187
        Raub, William F..............................................    59
        Viarrial, Jacob, Governor, Publo of Pojoaque, New Mexico.....   199
        Virden, Terry................................................   202
        Windy Boy, Alvin.............................................   204

       TRIBAL GOVERNMENT AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002

                                  ----------

                            WEDNESDAY, JULY 30, 2003

                                           U.S. Senate,
                            Senate Committee on Indian Affairs,
                                                        Washington, DC.
        The committee met, pursuant to notice, at 2 p.m. in room
    216, Hart Senate Building, Hon. Daniel Inouye (vice chairman of
    the committee) presiding.
        Present: Senators Inouye and Akaka.

     STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM HAWAII,
               VICE CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS

        Senator Inouye. The Committee on Indian Affairs meets this
    afternoon to receive testimony on S. 578, a bill to amend the
    Homeland Security Act of 2002 to include Indian tribal
    governments among the entities consulted with respect to
    activities carried out by the Secretary of the Department of
    Homeland Security.
        [Text of S. 578 follows:]

        Senator Inouye. In the current act, there is a definition
    of local governments which, as we all know, are political
    subdivisions of the States, but this definition of local
    government also includes Indian tribes, so one of the
    objectives of S. 578 is to remove Indian tribes from the
    definition of local government and instead to provide for a
    definition of tribal government. S. 578 also proposes to insert
    the term ``tribal government'' in each place it is appropriate
    to do so in the Homeland Security Act.
        Finally, based upon testimony received by this committee
    last year from a representative of the Department of Justice,
    this measure clarifies that for purposes of homeland security
    only. The Congress affirms and declares that the inherent
    sovereign authority of an Indian tribal government includes the
    authority to enforce and adjudicate violations of applicable
    criminal, civil and regulatory laws committed by any person on
    land under the jurisdiction of the Indian tribal government.
        It is this last section that appears to have generated some
    mischief by those who want to read the language as if it
    doesn't pertain to homeland security. They cite a parade of
    horribles in which the alleged tribal governments might engage
    under the authority of this act, including ``stripping several
    million U.S. citizens of their constitutional protections.''
    They call it a ``breathtaking example of racial tyranny.'' I
    think it is important and prudent that we take a moment to
    understand the provision to which these outlandish comments are
    directed.
        Acts of terrorism or activities which threaten the national
    security are violations of Federal law. Put another way, if a
    person were to engage in an act of terrorism, they would be
    violating Federal law and they would be subject to prosecution
    in Federal courts, not a tribal court. Should tribal
    governments be able to stop, detain and arrest those who
    violate Federal law by committing acts of terrorism until such
    time as Federal authorities can take over or do those who
    reside in Indian country, be they Indian or non-Indian, want to
    have hours and sometimes possibly even days go by before
    Federal law enforcement officers or the FBI can travel from a
    city to a remote rural area in order to arrest those engaged in
    terrorism activities?
        We do not have to reach far back in our memories to recall
    the events of September 11 and to know that in most instances
    there will not be the luxury of time to respond in this
    fashion. That is why those who are experienced in law
    enforcement believe, as we do, that tribal governments must
    have the authority to enforce Federal law until such time as
    Federal law enforcement officers can assume responsibility.
    They will tell you that in many areas of Indian country, tribal
    governments are the only law enforcement presence and the only
    government capable of responding to threats of terrorism on a
    timely basis.
        One of the commentators whose opposition to this bill is
    widely advertised suggests that this bill will ``place this
    country under attack from within.'' I would remind one and all
    that in all the military actions and wars in which this Nation
    has been engaged in the last century and the beginning of this
    century, more Native people of the United States on a per
    capita basis have volunteered to serve in the Armed Forces of
    our Nation and placed themselves in harm's way than any other
    group of Americans.
        To suggest that tribal governments are terrorists or that
    citizens of this country are subject to attack by Native people
    is to me one of the most outrageous assertions I have ever
    heard. I hope this kind of inflammatory rhetoric will be seen
    for what it is. Yesterday the committee held a full day forum
    for tribal leaders and Federal agencies and I believe we
    learned a great deal about the critical infrastructure that is
    located in or near Indian country. It is far more extensive
    than our records would have indicated, so we are very grateful
    and gratified that this crucially important information was
    shared with the committee yesterday and that it will be made a
    part of the official record of this hearing.
        Members of Congress are all too familiar with the scare
    tactics that are sometimes employed in opposing legislation.
    That is why the information from yesterday's forum and the
    testimony received today, both oral and written, will serve
    such an important role in helping us all to focus on the real
    threats at hand because as the highest officials of our
    government have repeatedly stated, it is a matter of when
    another terrorist act is likely to take place; sadly, it is not
    a matter of if.
        With that, I would like to call upon the first panel of
    witnesses and welcome them to the committee. The first panel
    consists of: Thomas B. Heffelfinger, U.S. attorney, Minnesota,
    representing the U.S. Department of Justice; Terry Virden,
    director, BIA, Department of the Interior; Josh Filler,
    director, Office of State and Local Government Coordination,
    Department of Homeland Security; and William F. Raub, principal
    deputy assistant secretary, Office of Public Health Emergency
    Preparedness, Department of Health and Human Services.
    Gentlemen, welcome.
        May I first recognize U.S. Attorney Heffelfinger.

     STATEMENT OF THOMAS B. HEFFELFINGER, U.S. ATTORNEY, STATE OF
           MINNESOTA, ON BEHALF OF THE DEPARTMENT OF JUSTICE

        Mr. Heffelfinger. Thank you, Senator Inouye.
        In addition to being the U.S. attorney for the State of
    Minnesota, I am also the chairman of the Attorneys General
    Advisory Committee, Subcommittee on Native American Issues.
    This is the subcommittee responsible for developing policy, for
    consideration and approval by the Attorney General related to
    effective law enforcement in Indian country.
        With the Attorney General's approval, the NAIS has
    identified terrorism as our number one priority. As you heard,
    Senator, and as the record made clear yesterday, more than 25
    tribes have land on or near the international borders or
    shorelines within the United States as part of our
    international borders. In addition, there are numerous
    potential terrorist targets located within Indian country that
    are a part of this country's national infrastructure.
    Therefore, it is our position that it is imperative that our
    national homeland security strategy include tribes in the
    planning process and in the provision of services relative to
    homeland security.
        The Homeland Security Act of 2002 describes tribes as
    ``local governments'' along with cities and counties organized
    under State law. The U.S. Supreme Court precedent treats tribes
    as separate sovereign governments. Administration policies have
    afforded tribes sovereign status in accordance with this
    precedent. Tribal governments use their governing authority to
    provide public safety in Indian country both as to homeland
    security issues as well as general criminal issues.
        On a wide variety of public safety and criminal issues, the
    Federal Government consistently works directly with tribes on a
    government-to-government basis. This is consistent with recent
    proclamations by many Presidents including the November 12,
    2001 statement of President George W. Bush, ``My Administration
    will continue to work with tribal governments on a sovereign to
    sovereign basis.''
        Working directly with tribes to assist them in obtaining
    the necessary public safety resources and training and to
    conduct strategic planning for homeland security concerns is
    not only consistent with Supreme Court precedent and the
    direction of all recent Presidents, but also enhances the
    effectiveness of our homeland security preparation in these
    unique communities.
        As the Department of Justice continues our efforts to reach
    out to the tribes on these issues, I, on behalf of the
    Department, applaud the general goals of S. 578 to maximize the
    opportunities for the Federal Government to work with tribal
    governments in carrying out the activities needed to protect
    our Nation's homeland. Likewise, the Department looks forward
    to working with the committee to address some of the technical
    issues raised by the bill.
        As to section 13 of the bill to which you alluded in your
    introductory comments, Senator, section 13 of S. 578 is a
    legislative overturn of the Supreme Court decision in Oliphant
    v. Suquamish Tribe. Oliphant held that tribal courts do not
    have criminal jurisdiction over non-Indians. In the view of
    many, the Oliphant decision has created a gap in Indian country
    law enforcement and negatively impacts tribes' abilities to
    respond effectively to terrorist incidents and other crimes
    which may be committed by non-Indians in Indian country.
    However, overruling Oliphant in a broad and isolated manner
    could result in complicated legal and practical law enforcement
    issues such as those of due process concerns, double jeopardy,
    resources and appellate rights.
        Enacting section 13 prior to working through these
    complicated matters is premature and we do not believe that S.
    578 provides the best vehicle for doing so. In this connection,
    law enforcement in Indian country is primarily a Federal and
    tribal function. Those law enforcement officers who work in
    Indian country work hard to address the unique and sometimes
    confusing jurisdictional challenges associated with protecting
    the public on Indian reservations. As an example, in response
    to Oliphant's constraints, some tribal law enforcement agencies
    have obtained cross-commissions from State, local and Federal
    authorities to expand their authority to arrest non-Indian
    criminal suspects under State or Federal law. Unfortunately,
    such cooperative arrangements are not made in many
    jurisdictions due to various factors such as local political
    issues or concerns over civil liability. As a result, effective
    law enforcement over non-Indians who commit crimes in Indian
    country is not consistent from reservation to reservation.
        Given the law enforcement constraints imposed by the
    Oliphant decision, the question therefore becomes what can
    Congress do to improve homeland security in Indian country?
    Section 13 of S. 578 is an attempt to deal with the Oliphant
    issue head-on. In February 2003, the NAIS, which I chair,
    formed an Oliphant Working Group under the leadership of South
    Dakota U.S. Attorney Jim McMahon. In addition to other
    considerations, the working group studies section 13
    extensively. The group did not develop a position on whether or
    not it would eventually support such an Oliphant fix. However,
    the working group did decide that section 13 as currently
    written is too broad. The working group identified a number of
    concerns including due process issues that Congress may want to
    consider as it addresses this issue and which become
    increasingly important as one considers expanding tribal court
    jurisdiction in the face of Oliphant. These concerns include
    issues such as separation of powers, provision of defense
    counsel for indigent defendants, make up of jury pools which
    was one of the issues cited in the original Oliphant decisions
    and appellate and habeas corpus relief.
        A significant expansion of tribal court jurisdiction raises
    serious issues regarding protections of individual due process
    rights and this I know will be considered. Consideration must
    also be given to issues such as disparate tribal resources as
    one looks around the country, the impact of any mandate of
    legal obligations on the ability of the tribes to provide such
    legal protections, and the need for additional training not
    currently being provided or for additional experienced tribal
    judicial and law enforcement officers that would be required in
    response to such a significant change.
        Section 13 addresses ``the authority to enforce and
    adjudicate violations by any person.'' As such, the section
    expands the jurisdiction both for tribal law enforcement and
    for tribal courts. Homeland security concerns are primarily a
    law enforcement concern and not a tribal court concern. It is
    the ability of tribal law enforcement to investigate arrests
    and/or detain suspected terrorists that is at issue, not the
    ability of tribal courts to prosecute such individuals. It is
    highly unlikely that the Federal Government would defer Federal
    felony prosecution of terrorists in deference to tribal court
    misdemeanor prosecution. Therefore, consideration should be
    given to whether there are other options that can allow tribal
    law enforcement to be full partners in providing for a secure
    homeland while avoiding some of the adverse impact of a
    significant expansion of tribal court jurisdiction. These
    options include expanded use of ``cross commissions'' and of
    tribal law enforcement authority recognized under some district
    court and appellate court decisions to detain individuals who
    are suspected of violating State or Federal law.
        While section 13 might address some of the factors limiting
    the widespread use of these options, this section also raises
    issues not fully addressed in the proposed legislation and
    there are ways of expanding the use of these options.
    Therefore, the expansion of tribal jurisdiction reflected in
    section 13, we believe, should appropriately be considered as
    part of a comprehensive review and clarification of tribal
    court jurisdiction such as that we suggested to this committee
    last July in discussing the need for a comprehensive
    clarification of tribal court jurisdiction.
        We look forward to working with this committee on that and
    any other issues that the committee wishes. I want to thank you
    for the opportunity to address you and I look forward to
    standing for questions at the appropriate time.
        [Prepared statement of Mr. Heffelfinger appeatrs in
    appendix.]
        Senator Inouye. Thank you, very much.
        Now may I recognize Mr. Virden.

    STATEMENT OF TERRY VIRDEN, DIRECTOR, BUREAU OF INDIAN AFFAIRS,
                       DEPARTMENT OF THE INTERIOR

        Mr. Virden. Thank you, Mr. Chairman, and thank you for the
    opportunity to present the views of the Department of the
    Interior on this very important bill to amend the Homeland
    Security Act of 2002.
        The Department supports the concept of maximizing
    opportunities for the Federal Government to work with tribal
    governments in carrying out the activities needed to protect
    our Nation's homeland.
        Indian country consists of 56 million acres of trust lands,
    approximately 25 tribes are located on or near international
    borders with Mexico and Canada, with additional tribes located
    on or near international waterways. Of particular note are the
    Tohono O'Odham Nation in Southern Arizona and the St. Regis
    Mohawk Nation in upstate New York. Both reservations include
    lands that cross the international borders and, therefore, have
    tribal members on either side of the border. Border tribes are
    faced with attempted illegal border crossings and trafficking
    of illicit contraband. Tribal law enforcement works in tandem
    with Federal, State and local law enforcement agencies on
    helping combat these illegal activities.
        Since September 11, 2001, our tribal law enforcement
    officers have been on alert and have worked with other law
    enforcement officers to protect our Canadian and Mexican
    borders as well as the waterways that are part of Indian
    country. Our principal responsibility of homeland security is
    domestic preparedness to prevent, respond to and recover from
    attack. Homeland security for tribes includes law enforcement,
    security and emergency management personnel, key components
    tribal governance must provide in protecting its members,
    residents and visitors. There is a need to have direct funding
    streams from the Department of Homeland Security for such
    activity.
        Tribal law enforcement can be vital in protecting our
    borders and waterways. In certain areas of the country, tribal
    emergency management may be the only agency able to respond to
    a terrorist threat or attack. Tribal public health can provide
    valuable expertise in confronting an outbreak of a deadly
    disease and tribal members may be the only citizens within
    miles to detect terrorist activity.
        S. 578 is an appropriate step in recognizing the importance
    of American Indians in protecting our homeland. Establishing
    the appropriate role for the tribes with the 50 States will
    facilitate protection of critical infrastructure and key assets
    in Indian country and bring to bear the leadership, expertise
    and dedication of Indian people.
        We are concerned, however, that Alaska Native villages and
    organizations are not included in the definition of Indian
    tribe. Alaska Native villages and organizations have been
    included in the definition of Indian tribe under laws including
    the Indian Self-Determination Act. We believe for this purpose
    they should be included in the definition of Indian tribe.
        This concludes my prepared statement and I also am
    available for questions later.
        [Prepared statement of Mr. Virden appears in appendix.]
        Senator Inouye. Thank you, very much, Mr. Virden.
        Now, may I call upon Mr. Filler.

     STATEMENT OF JOSH FILLER, DIRECTOR, OFFICE OF STATE AND LOCAL
        GOVERNMENT COORDINATION, DEPARTMENT OF HOMELAND SECURITY

        Mr. Filler. Thank you, Mr. Chairman.
        Good afternoon and thank you for the opportunity to appear
    before you today to discuss the Department of Homeland
    Security's views on S. 578. We support S. 578's goals and
    objectives of enhancing coordination and cooperation between
    the Department and tribal governments regarding homeland
    security.
        The Department of Homeland Security recognizes and
    appreciates the critical role the tribal governments play in
    enhancing our homeland security. With tribal lands adjacent to
    hundreds of miles of both our northern and southern land
    borders including readily accessible coastline and containing
    numerous pieces of critical infrastructure, tribal governments
    are essential partners in the work of the Department of
    Homeland Security. That is why the Department has created a
    position specifically for coordination with the tribes. The
    director for Tribal Coordination, who participated in panel
    discussions hosted by this committee yesterday, is here with me
    today.
        Since it was created, the Department of Homeland Security
    has been actively undertaking outreach to tribal interests to
    build the relationships necessary for successful coordination
    of homeland security activities within tribal lands. These
    efforts have included but are not limited to, the creation of a
    specific position as I mentioned before for tribal
    coordination. Through this office, American Indian tribes,
    Alaska Native villages, tribal organizations and associations
    have a dedicated day-to-day point of contact for tribal
    concerns.
        The U.S. Border Patrol has liaison officers at each sector
    and at headquarters specifically focused on tribal law
    enforcement coordination with their Native American
    counterparts. Coordination includes sharing training,
    intelligence, equipment and participating in joint operations.
    The Department has met and coordinated with numerous tribal
    governments regarding DHS functions, activities and the
    Department's programs.
        We are currently working with the National Congress of
    American Indians on tribal issues. We were pleased to attend
    the recent NCAI conference where DHS participated in a workshop
    on creating emergency preparedness plans. The workshop covered
    what resources are available from DHS, including training
    opportunities and emphasized the need for tribal emergency
    preparedness plans. We are participating with the National
    Native American Law Enforcement Association and are providing
    presenters for homeland security-related training at the
    upcoming annual training conference. The U.S. Border Patrol is
    providing specialized training seminars for this November
    conference as well as technical displays of current hardware
    being employed by the Border Patrol.
        DHS is also currently planning the second U.S. Border
    Patrol/Native American Border Security Conference. I believe it
    is tentatively scheduled for the first week in October of this
    year. The aim of this conference is to identify mechanisms to
    better the Patrol's working relationship with Native American
    law enforcement to further our shared goal of securing the
    Nation's borders.
        DHS is in discussion with other executive branch
    departments like those represented here today to ensure
    coordination of DHS missions in Indian country. We have been
    pleased to include tribes in the consultation process for
    upcoming discussions on the National Incident Management System
    as well as the National Response Plan, both of which are
    required by Homeland Security Presidential Directive No. 5.
        DHS is a participant in informal, interagency, Indian
    country working groups which includes the exchange of
    information and presentations on Indian country programs and
    program support. This is a very positive, ad hoc forum where
    Federal/Indian country representatives get together to exchange
    information and provide briefings on different programs.
        DHS, as you know, is a young department and we view these
    accomplishments simply as a good start to ensuring that tribal
    governments are truly integrated into the Department's efforts
    to better secure our borders, protect our critical
    infrastructure and to be prepared for a terrorist attack or
    natural disaster.
        As indicated earlier, we support S. 578's objective of
    improving the Department's coordination with tribal governments
    in the area of homeland security and we welcome the opportunity
    to work with the committee regarding the particulars of the
    bill.
        I thank you for your support of the Department and we would
    be happy to answer any questions you might have at the
    appropriate time.
        [Prepared statement of Mr. Filler appears in appendix.]
        Senator Inouye. Thank you very much, Mr. Filler.
        May I now recognize Dr. Raub.

       STATEMENT OF WILLIAM F. RAUB, PRINCIPAL DEPUTY ASSISTANT
      SECRETARY, OFFICE OF PUBLIC HEALTH EMERGENCY PREPAREDNESS,
                DEPARTMENT OF HEALTH AND HUMAN RESOURCES

        Mr. Raub. Thank you very much, Mr. Chairman. I am pleased
    to have the opportunity to make some remarks on behalf of the
    Department of Health and Human Services.
        When we use the term public health emergency preparedness,
    that is shorthand for readiness for bioterrorism, other
    outbreaks of infectious disease and other public health threats
    and emergencies. When we talk specifically about bioterrorism,
    the immutable fact is that by definition all terrorism is
    local. Therefore, however complex and widespread the event and
    incident ultimately may become, it begins in a particular place
    and therefore, State, local, and tribal readiness are very high
    priorities for us with respect to the way we direct our
    investments.
        To that end, we use the instrument of the cooperative
    agreement with all 50 of the States and certain other eligible
    entities to provide funding to enhance public health
    departments, hospitals and other health care entities. That is
    over and beyond our direct funding of the hospitals of the
    Indian Health Service. In fiscal year 2002, we provided
    approximately $1 billion through those cooperative agreements.
    In the current fiscal year, and we are amidst the reward and
    review process right now, we expect to award approximately $1.5
    billion in total.
        One of the major priorities of each of those awards is to
    ensure that we have a systematic involvement with all of the
    tribes in the planning and implementation of these programs.
    The implementation means that not only the flow of funds to the
    tribes as appropriate to achieve the statewide plan, but also
    the availability of services such as surveillance and
    epidemiologic response to ensure that the health needs of the
    tribes are met as systematically as the health needs of anyone
    else within those State borders.
        We involve our colleagues from the Indian Health Services
    in our review panels, we have an internal Bioterrorism Council
    of which the Director of the Indian Health Service is a member,
    and we have a strategic plan for the Department for
    bioterrorism that includes specific roles for the Indian Health
    Service.
        We look forward to continuing to develop these programs
    overall and strengthening the relationship and involvement with
    the Indian tribes.
        I appreciate the opportunity to be here today and will
    respond with our colleagues here to questions as best I can.
        [Prepared Statement of Mr. Raub appears in appendix.]
        Senator Inouye. I am deeply grateful to all of you for your
    testimony and I must say I am very much encouraged. If I may, I
    would like to ask a few questions.
        Mr. Heffelfinger, your concerns about chapter 13 I think
    have merit. Is your office willing to work with the committee
    in drafting language that would address the concerns you have
    raised?
        Mr. Heffelfinger. Yes; very much so, Senator. We believe
    this is an area that the Department of Justice and your
    committee should be working together on. It is a perfect
    vehicle for us to develop a comprehensive clarification of all
    of the confusing areas of tribal jurisdiction. We think this
    would enhance our ability to provide quality law enforcement
    both in the area of criminal misconduct as well as the area of
    homeland security and that they really cannot be separated.
        Senator Inouye. If I were smart, at this point I would say
    the meeting is adjourned. [Laughter.]
        I am most grateful for your offer to help us. I think the
    staff is prepared to work with you and come forth with a bill
    that would meet the needs of all the departments as well as the
    needs in Indian country. I think we can do that. So thank you
    very much, Mr. Heffelfinger.
        If I may ask, Mr. Virden, at yesterday's forum we heard
    something about the Conlee Dam, Grand Conlee Dam. I note that
    the Department of the Interior has jurisdiction over that. Has
    the Department undertaken any activities to secure Grand Conlee
    Dam?
        Mr. Virden. I'm hesitating.
        Senator Inouye. I am not trying to embarrass you but I just
    want to know the extent the problem we have.
        Mr. Virden. I understand. The Department has an extensive
    program of early warning systems that are mandated to be
    installed and I believe on most of our dams, we are there. I
    know, speaking for the BIA, we have installed in most of our
    high priority dams early warning systems.
        Senator Inouye. I suppose you would welcome some Indian
    assistance there?
        Mr. Virden. Yes; we would.
        Senator Inouye. I was very much gratified to hear that we
    have programs for training Indian tribes and tribal members to
    carryout these responsibilities, so I thank you very much.
        Mr. Filler, I am grateful that the Administration supports
    this measure. Are you also concerned about section 13?
        Mr. Filler. Senator, I'll be honest, I lack the expertise
    in the details to which that chapter refers, so I would defer.
        Senator Inouye. So your department would be satisfied if
    Justice and the committee can work out something out?
        Mr. Filler. I think we will work with the Justice
    Department and follow their lead and work with them on this
    issue.
        Senator Inouye. Do you have any problems with the
    definition of local government as it relates to Indian tribes?
        Mr. Filler. I think it is important that everyone be a part
    of the homeland security process. That includes tribes, the
    territories, local government, State government and obviously
    the Federal Government. Our vision is that you create a
    coordinated effort through statewide planning, not State
    planning but statewide planning, statewide planning, built from
    the bottom up, including the tribes, municipalities, counties,
    towns, parishes, so on and so forth. I think what is important
    is everyone has a seat at the table and that table be the place
    where the plan for spending homeland security dollars is
    developed. I think if we do that, the issue of State versus
    local or tribal becomes less of an issue. We have a
    responsibility at the Federal side to ensure that coordination
    is taking place.
        Senator Inouye. I was very much pleased with the assurance
    that your department will be funding programs to enhance the
    ability of Indian country to carryout this mission, but
    apparently the funds go through the States, don't they?
        Mr. Filler. Yes, sir.
        Senator Inouye. Can we get some report from you advising us
    as to how much Indian country is receiving for homeland
    security?
        Mr. Filler. Sure. We will go back to the States. They are
    required to file paperwork with us on all the funds they
    receive from the Department and we can make a request that they
    tell us exactly how much all of the tribes within the State are
    receiving.
        Senator Inouye. Recently, we were told that Secretary Ridge
    established a State and Local Advisory Committee to advise the
    Homeland Security Advisory Council but I note that this
    committee is made up of governors, legislators, mayors, city
    officials, county judges but no representatives from Indian
    country. Can we secure some sort of representation there?
        Mr. Filler. I will certainly go back and speak with the
    executive director of the Homeland Security Advisory Council
    and engage him on that issue.
        Senator Inouye. I thank you very much.
        Dr. Raub, the Indian Health Service has determined that
    $51.5 million is needed annually for tribal emergency medical
    services. Given the potential for terrorism and the threat in
    Indian country, what activities has the Department undertaken
    to inform Congress of the need for additional funding?
        Mr. Raub. Those matters are under consideration right now
    with respect to development of the fiscal year 2005 budget
    request. I expect one of the issues that will be joined further
    within the Department and between the Department and the Office
    of Management and Budget and ultimately our discussions with
    the Appropriations Committees will be the size and the
    orientation of that investment.
        Whatever we spend directly through the Indian Health
    Service with respect to terrorism is complemented by the funds
    I mentioned before that are sent out in the from of the
    cooperative agreements. In fact, in a few of the States, the
    State law allows funds from the cooperative agreement to
    directly supplement activities of the Indian Health Service.
    Other State laws preclude this. To the extent it is possible,
    we have tried to use every mechanism available.
        Senator Inouye. As a member of the Appropriations
    Committee, I can assure you we will do our best to support your
    request.
        Gentlemen, once again, I thank you very much for your
    participation. I am certain I speak for Indian country when I
    say that we feel very much encouraged and look forward to
    working with you, Mr. Heffelfinger.
        Mr. Heffelfinger. Thank you, Senator.
        Senator Inouye. Thank you, very much.
        Now, may I call on the second panel. It consists of the
    following: Roland E. Johnson, Governor, Pueblo of Laguna Pueblo
    of New Mexico; Audrey Bennett, president, Prairie Island Indian
    Community, Minnesota; Earl Old Person, chief and tribal council
    member, Blackfeet Tribal Business Council, Montana; Vivian
    Juan-Saunders, chairwoman, Tohono O'odham Nation, Arizona; and
    Alvin Windy Boy, chairman, Chippewa Cree Business Committee,
    Montana.
        I have been advised that President Bennett has to get on a
    plane right away, so may I call upon you first?

     STATEMENT OF AUDREY BENNETT, PRESIDENT, PRAIRIE ISLAND INDIAN
                          COMMUNITY, MINNESOTA

        Ms. Bennett. Thank you, Mr. Chairman.
        Good afternoon. My name is Audrey Bennett. I am president
    of the Prairie Island Indian Community and I want to thank you
    for inviting me to testify today.
        I am here to offer this committee a perspective that is
    unique to our community, emblematic of the homeland security
    issue with which many tribal governments in this country must
    contend. For your reference, we have provided an aerial photo
    of Prairie Island which is located between the Mississippi and
    the Vermillion Rivers in the southeastern Minnesota about 50
    miles south and east of Minneapolis-St. Paul.
        Prairie Island is sacred land. Our people have lived there
    for countless generations. It is our home as well as our final
    resting place for our ancestors. As you can see, our
    reservation is bordered by a nuclear powerplant, a nuclear
    waste storage site, two nuclear reactors and 17 large storage
    casts filled with highly radioactive nuclear waste sits 600
    yards from our homes, church, community center, and business.
    Additional casts will be added in the coming years. Our
    community is the closest in the Nation to a nuclear powerplant
    and a nuclear waste storage site. Yet we have no special role
    in helping to protect these facilities or for that matter
    ourselves.
        For decades, well before terrorism became the issue that it
    is today, our tribe had to fight to be properly recognized by
    the State of Minnesota and our utility neighbor. In 1997, when
    the plant was evacuated after a steam generator leaked
    radiation into the atmosphere, no one bothered to inform our
    people of the incident. Most tribal members realized something
    was wrong only after witnessing numerous cars speeding away
    from the plant. Many of us wisely followed.
        Today, we are better prepared for a similar incident and we
    have reasonably cooperative relationships with the plant and
    the State. However, conventional emergency planning is simply
    inadequate for this age of catastrophic terrorism. The
    radiological exercises in which we participate are based on
    scenarios involving a slow leak of radiation into the
    atmosphere, not an intentional act of destruction. Currently
    our involvement in responding to such an event is as best ill-
    defined. As I mentioned previously, we have no formal role
    whatsoever in helping to prevent an attack, an attack that
    would permanently devastate our community.
        Now, imagine being reminded of this vulnerability everytime
    you leave your home or look out your window. Imagine to this
    day of color coded warnings and credible threats, fearing the
    worse everytime an airplane flies by or a news helicopter
    hovers the neighboring nuclear plant. Imagine, and this
    happened just recently, driving down the road only to see
    military humvees, military personnel armed and stationed at
    your intersection without any explanation or notice. This is
    what we live with every day. We are uninformed. We are victims
    in waiting.
        Under the existing system, we also have little or no
    independent recourse should the worse occur. Instead, we are
    largely subject to State authority. It was evident recently
    when our community was affected by a major flooding and we had
    to go through the State to access Federal resources. Our tribal
    government is ultimately responsible for the health and safety
    of as many as 10,000 people, including our tribal members,
    employees and visitors. Many thousands more live just beyond
    our reservation. Their fate along with ours is tied to the
    safe, secure operation of a nuclear power plant, a reality not
    lost on most Minnesotans.
        According to a January 2003 poll, nearly 60 percent of
    Minnesotans say they are concerned with that the State's
    nuclear power plants could be targeted for terrorism, and 54
    percent say they would need to live at least 50 miles from the
    nuclear power plant to feel safe. Having lived our lives in the
    shadow of the nuclear facility, we share their concern. We
    share their concern because we know more can be done to ensure
    our safety.
        To start, we need to be involved in emergency planning and
    terrorism prevention initiatives. We need the resources for
    staff to help and maintain our readiness. We have the most to
    lose in an attack and we cannot afford not to be prepared. We
    also need access to information. We should be notified of
    events before reading about them in the newspapers or
    experiencing them firsthand. There should be a resource within
    the Department of Homeland Security that is committed to
    helping our community be informed and prepared.
        Reservation lands located along our Nation's borders and
    near critical infrastructures such as dams, hydroelectric
    facilities and nuclear powerplants are vulnerable. Tribal
    governments should be given the same mandate and resources
    needed to keep these areas safe. Furthermore, in keeping with
    the Federal Government's trust responsibility to tribes, the
    Department of Homeland Security should be required to deal with
    tribes on a government-to-government basis, just as any other
    Federal agency would.
        Clearly if it is going to be effective, the Homeland
    Security Act must involve tribes and be inclusive of tribe
    interests. It should recognize the needs of tribal governments
    and demand the vigilance of us that is expected from others
    charged with protecting this Nation.
        On behalf of our community council and tribe, I thank you
    again for this opportunity to testify here today. Each of us
    has an obligation as Americans to do our part to protect the
    homeland as our ancestors before us protected Mother Earth, it
    is up to us to protect it for generations not here yet. We
    pledge to do our part, the Prairie Island Community, and to
    cooperate in this matter and welcome the opportunity to do our
    part.
        Thank you, Mr. Chairman.
        [Prepared statement of Ms. Bennett appears in appendix.]
        Senator Inouye. Thank you very much, President Bennett.
        Since you will be leaving us and I hope you don't miss the
    plane, do you believe the passage of this measure would in some
    way help your situation?
        Ms. Bennett. I believe it would, Mr. Chairman. Again, it is
    something we always have to keep fighting for as tribes, to be
    included in languages that affect us. I think by inserting
    ``tribes and reservations,'' it is very important, especially
    with the threat of terrorism that we know today and also to
    have the same representation as governors, mayors and local
    units of city people. Tribes should also be on any of those
    councils and committees to be a part, to keep information
    flowing and communication moving forward to find solutions
    everybody can live with. I think it is very important.
        Senator Inouye. We will do our best, Madam President.
        Ms. Bennett. Thank you.
        Senator Inouye. I hope you make the plane.
        Ms. Bennett. Thank you.
        Senator Inouye. May I now recognize Governor Johnson.

       STATEMENT OF ROLAND E. JOHNSON, GOVERNOR, PUEBLO OF LAGUNA

        Mr. Johnson. Thank you very much, Mr. Chairman.
        The Pueblo of Laguna is most appreciative of the
    committee's invitation to provide testimony in support of S.
    578. The Pueblo of Laguna supports S. 578 because it ensures
    consultation and coordination with and the involvement and
    inclusion of Indian tribes in the mission of the Homeland
    Security Department. It ensures that tribal governments
    participate fully in the protection of the homeland of the
    United States, including tribal homelands. These purposes are
    carried out in a direct relationship with tribal governments
    and not as subdivisions of States.
        The Pueblo of Laguna needs S. 578 to address three things.
    First, to be capable partners, the Pueblo must be well prepared
    to handle emergency situations. Second, it must be recognized
    as the legitimate governmental authority responsible for
    reservation health, safety and welfare. Third, it must have the
    resources to ensure that all people in the Laguna Pueblo
    homeland receive timely and expert protection and assistance.
        Laguna is at the crossroads of vulnerability because it is
    located along a major east/west Interstate 40 corridor where a
    major accident could potentially cripple the rest of the
    Nation. Laguna's 560,000 acres of reservation are situated in
    four counties. The Pueblo's six villages are located
    approximately 45 miles west of Albuquerque and 25 miles east of
    the community of Grants, New Mexico.
        Laguna has over 8,000 members, making it one of the more
    populated Pueblo areas in New Mexico. The Burlington Northern
    and Santa Fe Railroad lines travel approximately 40 miles
    across our reservation. In addition, both the El Paso Natural
    Gas Company and Transwestern Pipeline Company have high
    pressure, interstate gas lines that also cross our reservation.
    All routes and pipelines converge within a 1-mile radius of
    each other near the Laguna Industries, a manufacturing facility
    whose primary customer is the Department of Defense. These
    pipelines are also located in very close proximity to many
    homes on the reservation. Other jurisdictions are far away.
    Laguna must therefore be prepared to serve as the first
    responder.
        Laguna shares vulnerability with neighbors and the State
    because of many defense and energy related facilities that are
    located in the State. The Waste Isolation Pilot Project is
    located in the southern part of the State of New Mexico.
    Interstate Highway 40 is the primary transportation route for
    shipment of nuclear waste from sites in Nevada to the site
    southern New Mexico. Other facilities include the Sandia
    National Laboratories, the Kirkland Air Force Base, the White
    Sands Missile Range and the Los Alamos National Laboratory. I
    might mention here that waste from the Los Alamos National
    Laboratory is transported across a State road which also
    crosses the lands of several of the Northern Pueblo in the
    State of New Mexico, including the Pueblos of San Ildefonso and
    the Pueblo of Pojoaque.
        On this past Memorial Day, we had an incident occur at
    Laguna which really tested our state of preparedness to respond
    to emergency situations. At about 4:15 p.m., 13 cars of a 49-
    car freight train derailed at Laguna Pueblo and forced and
    evacuation of a sizable area of the reservation. The westbound
    Burlington Northern Santa Fe Railroad company was at first
    reported to be carrying some hazardous materials. Although no
    one was seriously injured in the accident, some 500 people had
    to be evacuated from the area where the train derailed and
    where approximately 80 family homes, schools, tribal government
    offices are situated. Thereafter, the train tracks were closed
    in both directions for over 24 hours.
        Laguna's response to the situation resulted in both of
    Laguna's firetrucks with full crews having to respond to the
    situation, all four of its police department cruisers, with
    almost all the department law enforcement personnel, Laguna's
    two ambulances and medical workers, Laguna's hazardous
    materials response teams, emergency equipment and personnel
    from adjacent non-Indian communities also responded after
    Laguna was first on the scene.
        One month before this incident took place, Laguna had
    engaged in a hazardous materials spill exercise based on a mock
    train derailment. This exercise helped provide a better
    organized response to the real derailment. Deficiencies were
    revealed, lessons were learned from both situations. The
    lessons learned in both situations are quite revealing.
        During the actual derailment, five other communities were
    left unprotected for lengthy periods of time. No one knew just
    what was on the train or which car might contain dangerous
    materials. We need to establish clear command systems to
    provide on-site decisionmaking leadership. We realized we had
    insufficient facilities for use as a central command post.
    There were insufficient communications systems to the point
    where private cell phones had to be used to coordinate many of
    the activities. We currently have no efficient way to warn our
    community of impending hazards.
        My point here is that approximately 85 trains pass through
    the Laguna Pueblo each day and the potential for disaster is
    ever present because they do carry hazardous materials
    periodically. We need adequate resources to address those
    disasters when they occur. Through proper inclusion of tribes
    in homeland security efforts, we hope that S. 578 will better
    facilitate providing information and assistance to us directly.
    We also want to benefit from the financial and other assistance
    programs of the Homeland Security Department to assure that we
    have adequate planning, training and equipment and have an
    improved ability to coordinate and distribute warnings and
    other public information.
        The second purpose of S. 578 is to recognize tribal
    governments as participants in securing the United States
    homeland. Such participation requires us to be alert, ready and
    able to respond to terrorist activities that are dangerous to
    human life, violate criminal laws, are intended to intimidate
    or coerce a civilian population or their governments or are
    intended to affect the conduct of government by mass
    destruction, assassination or kidnapping. Tribes must be able
    to investigate, inspect, search, rescue, evacuate, medically
    treat and suppress fires.
        The tribal government must also make sure that governmental
    authorities are in place to guide all these activities and that
    the activities are conducted in a manner that is cognizant of
    human rights and dignity. The Pueblo Government is also the
    only entity with authority to enter into intergovernmental
    agreements, best practices and other mechanisms to share and
    coordinate with State and local governments. This is the only
    way to ensure that tribal, State and local governments together
    complete the web of comprehensive, defensive, protection and
    response necessary for all citizens wherever they are to
    receive the care and services they need. None of us can do it
    alone.
        Determinations assigning jurisdiction between Federal,
    State and tribal forums can be very complex and confusing.
    Clarification is needed when the defense and protection of
    people, places, and infrastructures are at stake. Emergency
    action can not linger in order to assess who can be detained,
    medically treated, evacuated or whose premises can be
    inspected.
        Section 13 of S. 578 provides this clarification by
    applying concurrently Federal and tribal law in the context of
    homeland security and it eliminates the confusing aspects of
    Federal common law. This provision makes use of existing
    applicable laws which are already, for the most part, Federal
    and tribal law.
        Laguna needs resources to pay for the cost of providing
    comprehensive health and safety protection and assistance.
    Federal funds will help but they are limited. States, counties
    and cities can raise revenue to support police, fire, medical,
    emergency, and other services. Laguna has a possessory tax to
    do this but the validity of the tax has come into question
    because of two Supreme Court cases, Strait v. A-1 Contractors,
    Adkinson Trading Company v. Shirley. Laguna responded to the
    BNSF train wreck with full ability and resources but the
    railroad now asserts that these cases would allow them not to
    pay the tax that Laguna uses to provide essential governmental
    services when needed. We assert that this is unconscionable and
    wrong. Congress and Federal agencies have long encouraged
    tribal governmental and economic self determination but now the
    Judicial Branch is crippling exercise of this determination by
    judicial fiat.
        Every other government in this country is allowed to engage
    in the basis governmental function of raising revenues through
    taxation within their physical boundaries to provide the kinds
    of services that we have been talking about and yet Indian
    tribes are being denied the same opportunity.
        Laguna requests amendments to S. 578 that would treat
    tribal governments in a manner similar to States for the
    purposes of regulation and taxation to provide health, safety
    and welfare services on the reservation. Laguna also requests
    these amendments to ensure that Indian country includes all fee
    lands and rights of way, no matter who owns them within the
    exterior boundaries of all Indian reservations and the Pueblo
    land grants. To address this matter, the Pueblo of Laguna has
    included in its advanced testimony language to be inserted into
    S. 578. I refer you to page 8 of the advance testimony of which
    you have copies.
        S. 578 and the changes we recommend would greatly enhance
    the ability of the Pueblo and other Indian tribes to be
    prepared for emergencies and terrorism, to provide the
    leadership and authorities necessary to work effectively on the
    reservation and with States, counties and cities, and to have
    the funding and revenue necessary to protect residents,
    visitors, businesses and critical transportation and
    infrastructure systems and assets. After all, business
    activities that are conducted on the reservation benefit from
    the health, safety and welfare services that are provided by
    our governments.
        I appreciate this opportunity to present my testimony.
        [Prepared statement of Mr. Johnson appears in appendix.]
        Senator Inouye. Thank you very much, Governor Johnson.
        Now, may I call upon the distinguished Chief Old Person.

    STATEMENT OF EARL OLD PERSON, CHIEF AND TRIBAL COUNCIL MEMBER,
               BLACKFEET TRIBAL BUSINESS COUNCIL, MONTANA

        Mr. Old Person. Thank you, Honorable Senator.
        I certainly appreciate this chance to be able to come
    before your committee and express our concerns on the homeland
    security. I have a prepared statement but I do want to make
    just a general statement.
        Senator Inouye. It will be made a part of the record, sir.
        Mr. Old Person. Last fall and earlier this year, I attended
    some meetings pertaining to the homeland security. At that
    time, I thought we were going to have a great involvement in
    this particular act that was taking place. It seemed less all
    the time, knowing more about it. I began to wonder how far it
    was going to go and how much involvement we, as Indian tribes,
    were going to have.
        The reason the Blackfeet people are very concerned is we
    have three border crossings that come into the reservation. The
    fourth crossing is just off the reservation to the east. There
    is traffic going back and forth all year long. In fact, other
    Indian people go through these crossings. We sometimes have
    problems going across. We have been working with this for many
    years now, trying to help the border crossing people. How can
    we help make it easier for people to have access or go into
    Canada or for people to come into the United States through our
    reservation. They have been very cooperative and we try to
    cooperate with them as much as we could.
        Within Canada, we have three tribes that are the same with
    the Blackfeet. We were all together at one time. It is known as
    the Blackfeet Confederacy. Recently we had a meeting in Canada
    regarding the border crossing. Again, this homeland security
    was talked about at that time, what we were doing and how we
    were involved. We couldn't really give them the kind of
    involvement we were having with homeland security.
        Ms. Johnson and Roland Johnson practically hit every area,
    the reasons we are here saying we want to be a part of this,
    that the Indian tribes want to be recognized because these are
    our homelands, the reservation. We are not just trying to help
    protect these homelands but also to help protect other lands
    adjacent and the whole United States. I have never known our
    young men and young women to refuse going into the service,
    going abroad into the combat fields and we know we have been
    involved in these kinds of things that concern our people that
    could cause problems, that could damage the kinds of things our
    people hope to continue.
        I was here during 911. I saw what took place and that is
    why I was concerned. I know other tribal people were here. We
    are very concerned about what took place. These are the kinds
    of things we want to help protect. As Indian people on the
    reservations today, we are having problems in many ways. Our
    resources are not that great that we can outright begin to deal
    with things and begin to solve things. That is why we are in
    need of help. We are in need of help to get together and help
    with these kinds of programs that are coming into effect so we
    can be a part of them and help ensure there is going to be
    protection for our people.
        We have a lot of problems, it is true. We have law
    enforcement we are trying to upgrade but it takes resources to
    do it. During my course of leadership, which goes way back, I
    have stressed the fact that in our homelands, our land and our
    law enforcement, law and order, is the backbone of our
    homelands. If we don't have the land base, if we don't have the
    law and order, then we don't have anything. That is why we are
    very concerned. We have different entities within our law
    enforcement. We have the Bureau of Indian Affairs, FBI, our
    tribal law enforcement. They are trying to do things in
    cooperation on how we can best deal with the things that
    happen. Our young people are at stake today. We need protection
    for them, we need to find a way to help them find ways to help
    with the situation so they can begin to understand they are
    just as important, that they can help us to try to solve some
    of the things we are concerned about.
        So today I certainly would appreciate if people with the go
    sign would include the tribes with this particular bill. It is
    going to help our people, help our country, help everyone
    concerned. Right now, people back home are concerned about what
    is going on in Iraq and in countries abroad because we do have
    people over there. So whatever we can do to come together, this
    is our country. We are going to be here. No one is going to
    leave. That is why we are trying to protect it. I know through
    that joint effort we can put together, those people that want
    to see things go otherwise, need to understand they are going
    to be here too. Anything that affects us is going to affect
    them the same.
        That is what we are trying to protect today. I hope this
    particular bill, everybody comes together and let it go
    through, let our answers be to where we can better understand
    one another and we know we can work together and there is
    protection that is going to help our people.
        I see that within the bill and everything set forth. It
    addresses a lot of things, even to the Public Health Service,
    the Indian Health Service. We need those people, we need that
    help.
        I appreciate your having me here to testify and to say the
    things I'm concerned about because we are concerned. The beef
    producers in Canada came to us trying to get us help them to
    work out things if we had that mad cow disease that is
    affecting them. They are trying to work something out even with
    the Blackfeet Tribe. These kinds of things we know about. If
    they need our help, how can we do it? We can do it if we are
    given the resources and the kinds of things to do it.
        I appreciate your having me.
        [Prepared statement of Mr. Old Person appears in appendix.]
        Senator Inouye. Thank you very much, Chief Old Person.
        Now, may I recognize Chairwoman Juan-Sanders.

    STATEMENT OF VIVIAN JUAN-SAUNDERS, CHAIRPERSON, TOHONO O'ODHAM
                           NATION OF ARIZONA

        Ms. Juan-Saunders. I'd like to thank you for this
    opportunity to testify on this important matter impacting the
    Tohono O'odham Nation
        The Tohono O'odham Nation is located in southern Arizona
    and is comprised of 2.8 million acres. We have a tribal
    enrollment of 28,000 enrolled members and approximately 10,000
    reside on the Nation.
        Prior to contact, the aboriginal land base of the Tohono
    O'odham Nation extended south to the Gulf of California, east
    to the San Pedro River, north to the Gila River and west to the
    Colorado River. In 1848, the Treaty of Guadalupe-Hidalgo ended
    the war between the United States and Mexico and it placed the
    first southern boundary at the Gila River and that placed all
    of our tribal members in Mexico. Six years later through the
    Gadsden Purchase of 1854, the United States and Mexico further
    defined the southern boundary and placed it at its present
    location. Consequently, that cut into the heart of the
    aboriginal lands of our people and today we have 75 miles of
    the international boundary which is adjacent to our reservation
    lands.
        On behalf of the Tohono O'odham Nation, we feel that S. 578
    are important tribal amendments to the Homeland Security Act of
    2002. The amendments will recognize the important role that
    tribal governments play in defense of our homeland and will
    help in deterring illegal activities on the Nation's lands.
        The Homeland Security Act of 2002 is very comprehensive but
    it is incomplete because it fails to include tribal governments
    as eligible entities entitled to participate in Department of
    Homeland Security implementation. In the act, tribal
    governments are placed in the local government category, a
    designation for counties and municipalities. Our understanding
    of the National Homeland Security Strategy is one, to prevent
    terrorist attacks; second, reduce our homeland vulnerability to
    terrorism; and third, minimize the damage and recover from the
    attacks that do occur.
        In reducing the vulnerability to terrorism, the Federal
    Government must not and cannot ignore the fact that 25 tribal
    governments have land located on or near Canada and Mexico. For
    the Tohono O'odham Nation due to our geographic location, we
    are at the forefront. Please consider the fact that our tribal
    police has stretched its resources to the limit and now spends
    half of their tribal budget, an average of $2.5 to $3 million
    annually in response to border related incidents. On an average
    day, our police officers spend 60 percent of his or her time
    working on border-related issues.
        In 1999, our officers assisted the Border Patrol with 100
    apprehensions per month and in 2002, our tribal police officers
    recorded 6,000 undocumented immigrants detained pending U.S.
    Border Patrol pick-up. In 2002 and 2003, 1,500 undocumented
    immigrants crossed our lands every day and they are not just
    coming from Mexico; they are coming from Central America,
    Guatemala, Honduras and any foreign country for that matter.
    Illegal narcotics seizures have more than doubled in the last 3
    years to over 65,000 pounds in 2002 and in 2003, we have had 49
    undocumented immigrants die on our reservation lands. Our
    tribal police pays for autopsies at $1,400 per body.
        In Arizona, these types of statistics would require a state
    of emergency. Currently it is unfortunate that these statistics
    have brought members of Congress and members of Federal
    agencies and State agencies and State representatives to the
    international boundary adjacent to our lands. However, we need
    to take the next step in providing resources to address these
    issues.
        At our western boundary, we have the Barry Goldwater
    military base which is an important note as we discuss
    terrorism and likely targets. The Indian Health Service also
    spent $500,000 last year for health care for undocumented
    immigrants. Health care to our tribal members has been
    seriously compromised. We don't get reimbursed for the dollars
    spent on foreigners.
        We have made a few dents in these problems. For example, a
    visit by the Washington, DC Homeland Security
    Telecommunications and Wireless staff member resulted in a
    $26,000 piece of equipment to allow for operability amongst our
    tribal law enforcement and certain units of Department of
    Homeland Security like Customs, Border Patrol and local county
    law enforcement. It allows them to communicate with one
    another. We also received a set of night vision goggles. This
    is the extent of the assistance. Communications is still an
    issue due to the potential security breach due to airways that
    do not stop at the border.
        We also participate in the Arizona/Mexico Commission which
    allows us to coordinate our planning efforts in the event of
    bioterrorism. We are in direct communications and have
    scheduled one on one meetings with our health counterparts in
    the State of Senora, Mexico to collaborate our efforts.
        This year, our Chief of Police by exercising our tribal
    sovereignty, accompanied the U.S. attorney to Mexico City to
    begin discussions with their law enforcement counterparts in
    Mexico regarding collaboration efforts.
        The issues we bring today are the lack of government to
    government consultation with the Tohono O'odham Nation
    regarding the restructuring of Federal law enforcement entities
    that have functioned on the Tohono O'odham Nation for over 20
    years. We believe that since 2002 with the Federal policies
    regarding the restructuring of the Department of Homeland
    Security, we were never consulted about the restructuring and
    how that would impact the Tohono O'odham Nation. U.S. Customs
    has operated on the Tohono O'odham Nation since 1985 and Border
    Patrol for 20 years.
        One of the concerns we have is the transfer of an elite
    unit known as the Shadow Wolves which has 21 Native Americans
    whose primary focus was drug interdiction. Now they have been
    transferred to Customs and Border Patrol who have a different
    mission with regard to immigration. While the GHS has stressed
    the mission in terms of the Shadow Wolves will not change, we
    still remain cautious. Some of our tribal members are Customs
    agents.
        Because of the lack of consultation and the restructuring,
    the Tohono O'odham Nation took a formal position on Federal
    activities and functions on the Nation. We requested and
    demanded respect for government to government consultation,
    respect for our people, respect for our lands and respect for
    sacred sites.
        In order for us to be eligible for equipment and training,
    we must lobby local counties. In June, I approached the Arizona
    Director for Homeland Security when they announced that $3
    million was available for Pima County for homeland security
    efforts. I asked how much of the $3 million would come to the
    Tohono O'odham Nation and the response was none. When I asked
    how to access the funds, the response was we would have to
    lobby the Pima County Board of Supervisors for funding.
        The Tohono O'odham Nation is in three counties, Pinal, Pima
    and Maricopa. We do not have the staff nor the resources to
    send our people to three different planning sessions for
    emergency preparedness. We request the funds come directly to
    the Tohono O'odham Nation.
        I would just like to conclude by saying that terrorists
    don't distinguish between jurisdictions and people. That is our
    concern. The Tohono O'odham Nation is at the forefront already.
    We already detain foreigners as they come through our Nation
    while we await Federal entities. It is important for us to
    continue to have the authority necessary.
        Our common goal is national security and tribal governments
    must be at the table. We believe that the tribal amendments to
    S. 578 will allow us to participate in the Department of
    Homeland Security activities including information analysis and
    infrastructure protection, science and technology, the
    Directorate of Boarder and Transportation Security and
    emergency preparedness and response. Passing this legislation
    together with better communication and sharing of ideas,
    coupled with direct Federal funding for manpower and resource
    support are effective first steps to deterring these activities
    on the Nation's lands.
        By working together and continuing to identify and
    implement solutions, we can better protect U.S. interests and
    enhance government to government relations.
        Thank you.
        [Prepared statement of Ms. Juan-Saunders appears in
    appendix.]
        Senator Inouye. Thank you very much, Chairwoman Juan-
    Saunders.
        Now may I call upon Chairman Windy Boy.

      STATEMENT OF HON. ALVIN WINDY BOY, CHAIRMAN, CHIPPEWA CREE
                     BUSINESS COMMITTEE OF MONTANA

        Mr. Windy Boy. Good afternoon, Senator.
        I serve as chairman of the Chippewa Cree Tribe. I am an
    advocate for Indian issues, especially when the issue impacts
    our government to government relationship with the United
    States of America and our right to tribal self determination
    and self governance on our reservations.
        Today, I am here to support the passage of S. 578 which
    allows tribal governments to actively participate in our
    national strategy to combat terrorism and to protect our tribal
    members and tribal homelands.
        Mr. Old Person mentioned agriculture. In the great State of
    Montana, agriculture is the primary source of income. In
    Montana, we have 3.1 million head of cattle, Indian ranchers
    are 26.5 percent owners of those cattle, so the industry also
    affects Indian country on the seven reservations.
        If Indian tribes aren't a part of the national strategy, it
    would leave a huge void in our national security plan. As
    mentioned earlier, we are patriotic people. Our people
    certainly have paid the ultimate price for freedom. Now our
    governments must be involved in retaining that freedom, freedom
    to accomplish the national objectives of the homeland security
    plan such as border security, the protection of critical
    infrastructure on Indian lands, integrated law enforcement and
    emergency response and medical capacity planning and
    implementation.
        In support of S. 578, I'd like to share with the committee
    members an experience my tribe had with border security, tribal
    court jurisdiction over our homelands and the need to access
    homeland security funding to enhance our ability as first
    responders and for the protection of our infrastructure.
        Last summer my tribe had a horrifying experience with an
    across the boarder abduction of tribal children into Canada.
    Our inability to do anything was a most frustrating experience.
    Upon learning that our tribal children were abducted and taken
    across the border to Canada which is approximately 50 miles
    from the reservation in extreme, north central Montana, we
    contacted all the Federal and State law enforcement agencies
    for assistance and no one could help us. It was outside the
    jurisdiction of every Federal and State entity. The FBI did not
    have the jurisdiction because of the international border
    crossings. The State of Montana couldn't help us because it was
    out of their purview. Finally, we contacted the State
    Department here in Washington, DC and they referred us to the
    Child Abduction Bureau. They gave us sound advice but couldn't
    do anything to get our tribal children back to the United
    States and onto our reservation.
        Where they lived, every governmental agency we spoke said
    because we are an Indian tribe, they couldn't help us and
    didn't understand tribal jurisdiction. Basically, we were on
    our own.
        As a self-governance tribe, we are used to taking charge
    and performing Federal functions to the best of our ability
    while maximizing the resources we have access to. With the
    limited resources available to us, we charged the abductor in
    tribal court for abduction or kidnapping, which is a class III
    offense in our tribal law and order code, punishable for up to
    6 months incarceration and a $500-fine and immediately issued
    an arrest warrant.
        We knew the service of process for the arrest warrant
    across the border would be a big problem because both State and
    Federal authorities couldn't help us. This was as far as we
    could go. Everything at that time came to a standstill.
    Finally, after weeks of trying to get assistance and access
    governmental resources to help us locate and return those
    children, we contacted a barrister in the Canadian justice
    system. My tribe spent approximately $15,000 to $20,000 to hire
    a Canadian attorney to represent us in the Canadian judicial
    system to locate our children and return them to Rocky Boy in
    the United States.
        After several months of agonizing hearings and countless
    phone calls, we were successful in getting our tribal children
    back in the United States and home on our reservations.
        This is an experience I will never forget and have vowed
    not to go through such an ordeal again. The helplessness and
    lack of coordinated resources is a shame in this day and age
    and we can't allow this type of void in jurisdiction to carry
    over into the fight against terrorism.
        Our ability to access direct governmental resources and to
    do so on a government to government basis in order to provide
    better border security for our tribal homelands is imperative.
    Today, timing is critical. We must have the ability to
    immediately access and evaluate any situation we are confronted
    with, especially when the protection of our homelands and
    members is at issue.
        All Indian tribes, especially the tribes bordering
    international borders, need to be a part of the comprehensive
    maintenance of the homeland security of the United States. We
    already have the tribal laws, the tribal court system, law
    enforcement personnel and governmental infrastructure. What we
    need is the ability to work together as Mr. Old Person
    mentioned and coordinate with our Federal counterparts and have
    access to the various resources available to all agencies
    involved with law enforcement and border security.
        It is my hope that S. 578 will assist us in strengthening
    our ability to deal with those who intrude on our lands for the
    purpose of committing terrorist actions. My tribe, like many
    others, is not immune to drug traffic. There were several
    Mexican nationals arrested for pedalling drugs on Rocky Boy
    only to have them deported and in a very short time, back in
    Rocky Boy.
        We have created expulsion orders for them to stay off the
    reservation but if it is that easy for them to come onto a
    little reservation in north central Montana, they have the
    whole country. Without S. 578, there is a void and we are
    limited in our ability to protect our homelands, our resources
    and our people from these relatively new threats to our health,
    safety and welfare.
        In support of section 13 of the act which supports our
    ability to exercise jurisdiction over any terrorists entering
    our lands, closing the current jurisdictional gap is imperative
    to protecting our homelands. We currently exercise as much
    jurisdiction over our lands that the law allows but there are
    jurisdictional gaps that cannot be allowed to continue unless
    we want Indian reservations to become the points of entry and
    activity for terrorist cells. Section 13 will allow us to close
    those jurisdictional gaps and to be more responsive to
    everyone, tribal and non-tribal, within our jurisdiction.
        In terms of law enforcement and judicial capabilities, we
    realize it is limited for purposes of the act and should not be
    viewed as an access to the broad expansion of tribal
    jurisdiction. The Federal authorities have been extremely
    helpful with certain law enforcement cases but they are
    overburdened. They cover several reservations in our area as
    well as other Federal cases off the reservation as well.
        Tribes can help offset their enormous load and work
    together in a more direct capacity than we currently do. We can
    perform law enforcement and judicial duties in a limited
    capacity. Section 13 will allow us to work together in a true
    government to government relationship and to jointly utilize
    our resources to get the job done expeditiously and more
    thoroughly.
        Unless you have committed some sort of terrorist criminal
    act as defined in the Homeland Security Act of 2002 within our
    reservation's boundaries, you have nothing to fear from the
    enactment of S. 578. Every American should be supporting this
    effort to work together to make the reservation environment as
    safe as the off reservation environment. The effort to combat
    terrorism cannot be a game plan full of loopholes.
        In addition to law enforcement on reservations, my
    background is in law enforcement but as far as local law
    enforcement, I find we are not to capacity as the Federal
    system is. Our current funding level certainly needs to be
    beefed up, particularly on reservations with large land bases.
        With that, Senator, thank you. I would be glad to answer
    any questions.
        [Prepared statement of Mr. Windy Boy appears in appendix.]
        Senator Inouye. Thank you very much, Chairman.
        Governor, when the Memorial Day train derailment happened
    and you were informed, did you hesitate before you gave
    assistance?
        Mr. Johnson. No; we responded immediately.
        Senator Inouye. The train company was not grateful for
    that?
        Mr. Johnson. Eventually, they did acknowledge our response
    and thanked us for the response we made but we had people on-
    site within a matter of minutes after the incident occurred.
        Senator Inouye. But they do not want to pay for it?
        Mr. Johnson. Apparently not.
        Senator Inouye. We hope this measure will in some small way
    be helpful to you.
        Mr. Johnson. It will help us, Senator.
        Senator Inouye. Chief Old Person, we have been told that
    BIA has decreased the number of law enforcement officers
    protecting the northern border of the reservation that is on
    the Canadian border. Is that correct?
        Mr. Old Person. No; right now we are having some problems
    but we are trying to come together at this time to work this
    out, the BIA, the tribal law enforcement.
        Senator Inouye. So you are trying to work this out now?
        Mr. Old Person. We are trying to work it out right now.
        Senator Inouye. I hope they will increase their presence
    there.
        Do you have the same sort of problem that Chief Windy Boy
    has with his tribe?
        Mr. Old Person. Yes; we all have this.
        Senator Inouye. Drugs also?
        Mr. Old Person. Drugs. That is why I said our young people
    are being affected. We are trying to get them to realize that
    they need to be a part of what we are trying to do and that we
    are trying to help them. So they are very much affected.
        Senator Inouye. You said you support S. 578?
        Mr. Old Person. We certainly do.
        Senator Inouye. We will try to do our very best, sir.
        Mr. Old Person. Thank you.
        Senator Inouye. Chairwoman Juan-Saunders, you testified
    your police department spends about $3 million annually to
    respond to border related incidents. How do you pay for this?
        Ms. Juan-Saunders. Through tribal dollars.
        Senator Inouye. And there are no Federal funds for this?
        Ms. Juan-Saunders. No; there is no reimbursement. We have
    made attempts and we bear the cost. We have over 70 tribal
    police officers and a seven-member investigative unit.
        Senator Inouye. With the assurance provided during the
    first panel to share Federal funds with you, I hope they will
    recognize your problem. Have you requested reimbursement?
        Ms. Juan-Saunders. Yes; we have and no response.
        Senator Inouye. No response?
        Ms. Juan-Saunders. No.
        Senator Inouye. Can you send us a copy of your
    communication?
        Ms. Juan-Saunders. Yes; in the audience, we have our chief
    of police, Richard Saunders, and legislative council member,
    Verlon Jose. We are very much concerned about the issues you
    raised today.
        Senator Inouye. You will send us a copy of that
    communication and we will see what we can do.
        Ms. Juan-Saunders. Thank you.
        Senator Inouye. Chairman Windy Boy, you are going to have a
    new campus there. What are you going to name it?
        Mr. Windy Boy. Stone Child College.
        Senator Inouye. It has been a long time since I have been
    there.
        Mr. Windy Boy. We would welcome you back.
        Senator Inouye. You indicated you have good working
    relationships with your local FBI agents but how long does it
    take the FBI to respond to calls?
        Mr. Windy Boy. Fortunately in the last year or so, they
    have located parts of the Great Falls office which is 130 miles
    to the west, located them to service both the Chippewa Cree
    Tribe and the Gros Vent Tribes.
        Senator Inouye. But it takes a couple of hours for them to
    drive down?
        Mr. Windy Boy. Yes.
        Senator Inouye. They cannot respond immediately even if
    they tried to?
        Mr. Windy Boy. No.
        Senator Inouye. Has the FBI refused to investigate or
    pursue a crime committed by a non-Indian because of lack of
    adequate resources?
        Mr. Windy Boy. Depending on the situation. Drugs, which is
    getting predominant in our area, they have been helpful in that
    arena. The problem that I see, and I will use Rocky Boy as an
    example, we have trained a number of officers and a number of
    our officers have left tribal service to work for the Bureau of
    Indian Affairs where the pay is better and stability with other
    fringe benefits.
        Senator Inouye. There are ICBM stations near you?
        Mr. Windy Boy. Yes.
        Senator Inouye. How close are they?
        Mr. Windy Boy. The closest one would probably be 9 miles
    from the nearest reservation boundary.
        Senator Inouye. Have you ever been called upon to respond
    to any problem there?
        Mr. Windy Boy. In reference to?
        Senator Inouye. Some sort of security problem? Have they
    ever called you?
        Mr. Windy Boy. No.
        Senator Inouye. Once again, I thank all of you for your
    testimony.
        Now may I call upon my colleague, Senator Akaka.
        Senator Akaka. Thank you, Mr. Chairman.

      STATEMENT OF HON. DANIEL K. AKAKA, U.S. SENATOR FROM HAWAII

        Senator Akaka. I want to compliment you and commend you for
    having this hearing which is important to our Indian nations
    being that the Homeland Security Act is to ensure that the
    local tribal governments are consulted and involved in homeland
    security.
        From what I gathered from your testimonies here, that is
    not happening that way. Section 13 helps to ensure that and I
    am glad to also hear that you are supporting that section in
    the bill.
        The Government folks who were here earlier answered the
    questions and seemed to indicate that these procedures are
    working. As you know, we are modifying the Homeland Security
    plan to meet States' needs. The Chairman has asked you about
    reimbursements. From what I gather, that has not come through
    but I'd like to ask you about grants, whether any of you have
    received any grants from homeland security at this time?
        Mr. Windy Boy. One that I'm familiar with was through the
    Department of Agriculture for $20,000. I believe each of the
    tribes in Montana and Wyoming received those but $20,000 was
    limited and was acquired through the Montana and Wyoming Indian
    Stock Growers Association that I chair.
        Senator Akaka. Governor Johnson.
        Mr. Johnson. As best as I can recall, we have not received
    any funds directly from the Department of Homeland Security
    though we have received a limited amount of assistance from the
    State and various other Federal agencies that also have
    involvement in homeland security activities.
        Senator Akaka. Chief Old Person.
        Mr. Old Person. As Chairman Windy Boy indicated, some of
    that we were involved in but there were units built along one
    of the border crossings that we tried to get into without
    success. We were unable to be a part of those units being built
    under the Homeland Security. There really hasn't been anything
    we could recognize that was coming to us. Yet we are still
    trying to work with them to be involved. They are wanting to
    build more units on one of the other border crossings and we
    are hoping to work out something that we could be involved in
    because we have people that can build too. We thought we should
    be given that chance to work with them.
        Senator Akaka. Chairwoman Juan-Saunders.
        Ms. Juan-Saunders. Other than the equipment I referred to
    in my testimony, no we have not received any grants at all.
        Senator Akaka. I also wondered whether any grants were
    offered to you at all. I guess not.
        I also understand from the officials here before you that
    they have done some out reach and day to day contact, training
    and intelligence, Border Patrol training. My question to you is
    has that happened as far as you know with your tribes?
    Governor.
        Mr. Johnson. I am not aware of any direct contact by the
    Office of Homeland Security. In the forum that was held
    yesterday, the representative from the Department of Homeland
    Security, I believe her name is Sherry Rowe, indicated that she
    had been to Acoma, the community adjacent to ours. I am not
    sure she stopped by to speak with any of our personnel there.
    So as far as I know, we have not had any direct contact with
    the Department.
        Senator Akaka. Chief Old Person, has there been any
    involvement of the tribe?
        Mr. Old Person. I attended a meeting in Helena, MT at the
    Fort Harrison Veterans Hospital. It was within the National
    Guard unit. At that meeting, we were told by the people working
    with the State that the tribes were given a chance to be a part
    of $7 million offered and no one responded with the exception
    of one. Myself, we did not receive notification. I don't know
    about Chairman Windy Boy. If you are not notified of anything
    like that, you cannot be involved or you cannot respond. That
    was one thing brought out to us.
        At the same time, there is a second go round of $2 million
    but that never has happened. That is why I said we begin to see
    less and less involvement or anything saying we can be a part
    of this.
        Senator Akaka. You are correct. Dr. Raub did mention there
    was a second go round of money and I wondered whether you
    received any of that.
        Chairwoman Juan-Saunders.
        Ms. Juan-Saunders. Just a few discussions. The Arizona
    tribal leaders and law enforcement officials expressed concern
    to the State of Arizona about our lack of involvement and
    access to funding sources. Consequently, the Arizona Department
    of Homeland Security scheduled a meeting with the Arizona
    tribal leaders and law enforcement.
        In terms of the Tohono O'odham Nation, our police chief
    currently serves on the Homeland Security Directors Advisory
    Committee. I was invited by the border mayors to a meeting with
    the Governor of Arizona to discuss these issues with the
    Arizona director of Homeland Security. I expressed my concern
    that we still, as a tribal nation were not receiving direct
    funding and I am pleased to note that the border mayors is at
    least supporting our efforts. We are continuing to work in
    collaboration with them but we still have not seen any direct
    resources come to the Tohono O'odham Nation.
        Senator Akaka. Chairman Windy Boy.
        Mr. Windy Boy. Certainly the communications as Chief Old
    Person mentioned need to be strengthened. I have been involved
    to the extent of sending one of my staff persons to those
    homeland security meetings in Helena. My thoughts are
    government to government and it is very hard as chairman to
    have to sit down amongst non-policymakers, State employees,
    trying to figure out what is in the best interest of my tribe.
    I would like to deal with someone that is going to create
    positive change with me as chairman of a sovereign nation.
        Senator Akaka. Thank you for your response.
        Mr. Chairman, I have an opening statement that I would like
    to have entered into the record.
        Senator Inouye. Without objection, so ordered.
        [Prepared statement of Senator Akaka appears in appendix.]
        Senator Akaka. And also some questions for the first panel.
        Senator Inouye. Thank you all very much.
        I would like to call the last panel which consists of: Tex
    Hall, president, National Congress of American Indians; Gary
    Edwards, chief executive officer, National Native American Law
    Enforcement Association; and Tim. Sanders, emergency operations
    coordinator of Gila River Indian Community, Office of Emergency
    Management, Gila River Indian Community.
        Mr. Hall.

    STATEMENT OF TEX HALL, PRESIDENT, NATIONAL CONGRESS OF AMERICAN
                                INDIANS

        Mr. Hall. Thank you very much for giving us the opportunity
    to testify.
        I was very concerned about the government officials leaving
    the room after they finished with their panel. If that is any
    indication of working with tribes, I don't think it is working
    very good. I found out there is a Tribal Homeland Security
    Director and she left. So I don't know how they are going to
    effectively work with tribes when they don't stick around to
    listen to the testimony of tribes.
        I also want to comment that during 9/11, members of tribes
    told me that you were on the Hill during that time, and, as
    mentioned tribal leaders were meeting here in Washington, DC.
    You took the time to come off the Hill and go down to the Grand
    Hyatt and tell the tribes that 9/11 had happened and a tragedy
    had happened to our country. I want to just recognize you for
    that. You didn't have to do that, but you did and that tells a
    lot about who you are and your relationship with Indian tribes.
    So thank you very much, Mr. Chairman, for that.
        For the record, my name is Tex Hall, president, National
    Congress of American Indians and chairman of the Mandan,
    Hidatsa, and Arikara Nation in west central North Dakota
    located on the Fort Berthold Indian Reservation.
        I want to acknowledge the strong role of this committee's
    chairman, Chairman Campbell, yourself as Vice Chairman, and
    members of the committee, and all of the other sponsors of S.
    578. We thank them for their sponsorship and protecting the
    sovereign rights of Indian nations and our friendships over the
    past years.
        I also would like to thank the committee for conducting
    this hearing on tribal government amendments to the Homeland
    Security Act of 2002.
        I am here to express our strong support for the bill and
    the committee's effort to correct the troubling exclusion of
    tribal governments from nearly all aspects of homeland security
    to date. S. 578 will change the Homeland Security Act's
    incorrect definition of tribes as local governments and thus
    close a critical vulnerability gap in our Nation's homeland
    security network.
        NCAI has three important recommendations to the committee
    regarding S. 578. First, we recommend the bill be amended by
    the committee to include Alaska Native Tribal Governments.
    Second, we recommend the inclusion of language to strengthen
    the jurisdictional provisions in section 13. We have provided
    the committee with language for both these recommendations.
    Third, for tribes to receive direct Federal services. Tribes
    should be provided additional funding to alleviate the
    budgetary strains caused by homeland security related problems
    such as patient overload in tribal hospitals and clinics
    created by illegal immigrants on borders.
        In order to give context to my remarks, I want to first
    demonstrate how the issue of homeland security impacts my tribe
    in Fort Berthold. As you mentioned, hundreds of Minute Men
    missile launch sites are located throughout North Dakota. The
    Minute Man has played a strategic role in our homeland security
    defense system for over 40 years. What you may not know, Mr.
    Chairman, is there are up to 18 missile silos located on our
    reservation, only 3 miles from the city of New town, the
    headquarters for our tribal administration.
        Our police officers are regularly called to investigate
    trespass calls on or near these U.S. Air Force-controlled
    sites, especially when these incidents happen outside of the
    Air Force patrols 9 to 5 shift. Despite these services, my
    tribe did not receive any funds from the U.S. military or from
    the Department of Homeland Security.
        The Garrison Dam sits near our reservation and when it was
    built, it decimated our remaining tribal land base and nearly
    destroyed our culture. The impacts on our loss of life and
    property if the dam was to be destroyed by a terrorist attack
    is unthinkable. Now it is over 100 miles in distance to our
    most southern community from our headquarters.
        With regard to State funding, my home State of North Dakota
    received over $13.2 million for homeland security. Just under
    $73,000 of this amount was earmarked for all of the Indian
    reservations in North Dakota. That means just a little over
    $14,000 went to my reservation and the other tribes. That is
    less than 1 percent of our State's contribution. We were never
    consulted about any formula for appropriations or any formula
    for determining our unmet needs for securing our tribal
    homeland borders. None of that was done.
        The $73,000 is going to be spent for an additional State
    Homeland Security Liaison to work with Indian tribes. The net
    result is that none of these actual monies in the State of
    North Dakota will be spent to educate or train tribal law
    enforcement concerning domestic terrorism in our State.
        Even more disturbing is the fact that the tribes will not
    receive any money to coordinate with the State and Federal law
    enforcement authorities, which is critical. Coordination is
    crucial if events were to happen on or near our reservation.
        I have spoken with other tribal leaders throughout the
    Nation and the failure of States to consult with Indian tribes
    and include them in their homeland security efforts appears to
    be the rule rather than the exception.
        I want to finally point out that many tribes, such as mine,
    are becoming more inviting to terrorism because of the presence
    of our casinos our tourist attractions, and economic
    development. The Lewis and Clark Bicentennial, which started
    this year from 2003-06, will draw millions of people to
    reservations in Indian country from St. Louis to the West
    Coast. Homeland security funding and training is critical to
    ensuring tourist safety.
        As my fellow tribal leaders have attested, tribal lands
    nationwide host similar sensitive sites. Tribal lands include
    over 300 miles of international borders and 28 tribes are
    located on or within 5 miles of an international border. These
    tribes face serious immigration issues that have been widely
    reported and documented. What is less known is the extensive
    nature of infrastructure located on or near tribal lands that
    is critical to our Nation's security. These include nuclear
    power plants, hydroelectrical dams, pipelines, transmission
    lines, railroads, airports, highway corridors, nearby military
    installations, and huge populations centers. Like all other
    governments, tribal governments need the necessary resources to
    develop the capacity to respond to threats of terrorism. The
    bottom line is that our national defense system is only as
    strong as its weakest link.
        Many of you have hundreds of thousands of constituents who
    like it or not have to count on tribal law enforcement to
    protect these sites. Your constituents will have to count on
    tribal first responders to take action in the event of the
    unthinkable. Yet, for some reason Indian tribes have been left
    out of the planning efforts that this Nation has taken to date
    to secure our homeland. S. 578, we believe, will correct these
    defects.
        The Homeland Security Act of 2002 established the
    Department of Homeland Security as the principal agency to
    develop the national effort through a system of counter
    terrorism analysis, preparedness and information sharing. Yet
    the Act has a glaring weakness. It fails to include tribal
    governments as full-fledged participants in the Department of
    Homeland Security's program implementation. Instead, the Act
    regulates tribal governments to the local government category,
    a designation used for counties and municipalities with an
    entire different level of responsibility for ensuring public
    safety.
        This has to change. The Department of Homeland Security is
    not the first agency to encounter problems with Federal program
    delivery and tribal consultation, but I hope it will be the
    last. The bottom line is tribes need adequate funding to do the
    job in protecting against terrorist threats. For decades,
    States and local governments have received hundreds of millions
    of dollars for developing and enhancing their emergency
    management infrastructure, including emergency response.
        As I testified, tribes have been largely ignored when it
    comes to funding and technical assistance from Federal
    agencies. We have been forced to ask for funding from States
    and counties counter to the Federal policy supporting the
    government to government relationship.
        Adding to our frustration is the Department of Homeland
    Security's lack of communication and consultation with Indian
    tribes. The Department has assembled various work groups and
    task forces but have not invited tribal leaders and
    representatives to sit at the table. S. 578 is the right bill
    at the right time to do this. It is almost 2 years since 9/11.
        The President of the United States, President Bush,
    recently said we have an obligation to future generations of
    America to make sure this country is secure and we will keep
    that obligation. This measure is a decisive measure and a smart
    investment that will fulfill that commitment for our tribal
    families and for our future tribal generations.
        I would like to add in closing that the jurisdictional
    problems that were talked about previously created by the
    Oliphant decision denies tribal people the opportunity to
    protect our tribal people and that must change. I greatly
    appreciate the candid comments made by Mr. Heffelfinger. The
    Homeland Security Act is an important vehicle for discussing
    this problem because it highlights the very real issues that
    tribes face every day, not just in terrorist attacks.
        We are interested in having a broader discussion about
    jurisdiction in Indian country but this cannot wait forever.
    Tribal police need the tools to address crimes committed by
    non-Indians in Indian country. Domestic violence and alcohol
    and drug crimes are our biggest problems in sheer volume alone.
    The most important civil right we all have is the right to be
    safe in our homes.
        In closing, we would like to have the same opportunity as
    the Department of Justice to work on the language with the
    committee on section 13.
        Thank you very much for giving me the opportunity to
    testify.
        [Prepared statement of Mr. Hall appears in appendix.]
        Senator Inouye. Thank you very much, President Hall.
        Now may I recognize Chief Executive Officer Gary Edwards.

     STATEMENT OF GARY EDWARDS, CHIEF EXECUTIVE OFFICER, NATIONAL
          NATIVE AMERICAN LAW ENFORCEMENT ASSOCIATION [NNALEA]

        Mr. Edwards. Vice Chairman Inouye and distinguished members
    of the committee, my name is Gary Edwards. I am appearing and
    testifying today as the chief executive officer of the National
    Native American Law Enforcement Association.
        As many of you may be aware, NNALEA is a not-for-profit
    organization that promotes and fosters cooperation between
    American Indian law enforcement officers, agents, their
    agencies, tribes, private industry and the public. NNALEA
    recently published its Tribal Lands Homeland Security Report
    which details many of NNALEA's current findings and views on
    the importance of tribal lands and tribal governments in the
    furtherance of the mission of homeland security. We also have
    an upcoming Homeland Security Forum in November of this year
    wherein we will further pursue vital homeland security issues.
        I appreciate the opportunity to appear before you to
    discuss some of NNALEA's views on S. 578 and perhaps even
    earmark certain issues that need to be pursued in more detail
    at our upcoming conference.
        I have prepared a written copy of my testimony, along with
    a copy of the NNALEA Tribal Lands, Homeland Security Report and
    ask that it be accepted into the record.
        Senator Inouye. So ordered.
        Mr. Edwards. Generally, NNALEA supports the tenets of
    sections 1-12 of the tribal government amendments to the
    Homeland Security Act of 2002. I will refer to these sections
    further in this testimony as ``the amendments.'' In pages 6-9
    of the NNALEA Tribal Homeland Security Report, we set forth an
    outline of many of the vulnerabilities located on tribal lands
    that pose a threat to the homeland security of our entire
    country. These vulnerabilities include border security,
    critical infrastructure, integration of law enforcement, lack
    of jurisdictional clarity, and emergency response and medical
    capacity planning and implementation.
        Obviously as these vulnerabilities are located on tribal
    lands, Indian tribal governments have invaluable insight into
    them and the best means to safeguard them against terrorist
    attacks. Accordingly, Indian tribal governments must be
    included, consulted and involved in carrying out the mission of
    the Department of Homeland Security.
        Such inclusion, consultation and involvement should occur
    directly between the United States and each Indian tribe on a
    government to government basis. Indian tribal governments
    possess inherent sovereign authority.
        With regard to section 13 of ``the amendments,'' NNALEA
    generally agrees with the tenet that the inherent sovereign
    authority of Indian tribal governments as recognized in section
    2 of the amendments include the authority to enforce and
    adjudicate its applicable criminal, civil and regulatory law
    violated by any person on tribal lands within certain
    limitations.
        It appears that most everyone agrees these limitations
    should include at a minimum those set forth in any treaty
    between the United States and an Indian tribe as well as those
    set forth in any applicable act of Congress. NALEA is, however,
    aware there are certain rights in the enforcement and
    adjudication of applicable criminal, civil and regulatory laws
    that are at present guaranteed on non-tribal land and by non-
    tribal governments but that are not guaranteed on all tribal
    lands and by all tribal governments thereby creating a
    discrepancy in the enforcement and adjudication of certain
    laws.
        Such discrepancies invoke a number of concerns such as due
    process which probably require a further coming together and
    balancing of an Indian tribal government inherent sovereign
    rights, the rights of all citizens and the resources available
    to the Indian tribal governments to enforce and adjudicate
    applicable laws. Such discrepancies will ultimately be
    encountered by the legislature and/or by the judicial system
    should section 13 be enacted as currently drafted.
        Therefore, NALEA suggests that in considering section 13,
    the discrepancies of the rights referenced above should be
    evaluated in detail along with the lack of parity in resources
    provided to non-tribal governments versus those provided to
    tribal governments for the purposes of enforcing and
    adjudicating applicable laws.
        After consideration of such, it might be surmised that
    section 13 should be crafted in a way that better ensures both
    the present discrepant rights in whole or in part and in a way
    that provides for Indian tribal governments to receive an
    influx in resources which allow them to bring their authorities
    that enforce and adjudicate the laws into parity with those of
    non-tribal governments.
        In conclusion, NALEA supports the general tenets of the
    amendments. However, there are certain specific details of the
    amendments, especially regarding section 13, that probably
    require further examination and clarification.
        Thank you and I am happy to answer any questions you may
    have at the appropriate time.
        [Prepared statement of Mr. Edwards appears in appendix.]
        Senator Inouye. Thank you very much, Mr. Edwards.
        Mr. Sanders.

      STATEMENT OF TIM SANDERS, EMERGENCY OPERATIONS COORDINATOR,
      GILA RIVER INDIAN COMMUNITY OFFICE OF EMERGENCY MANAGEMENT,
                      GILA RIVER INDIAN COMMUNITY

        Mr. Sanders. Good afternoon.
        On behalf of the Gila River Indian Community of Arizona, I
    would like to thank you for allowing us to testify here today.
        My name is Tim Sanders and I am the manager of the Gila
    River Indian Community Office of Emergency Management. In the
    interest of time, I would like to submit my full written
    testimony and highlight a few parts for you this afternoon.
        We are pleased to be here to discuss S. 578, the Tribal
    Government Amendments to the Homeland Security Act. We think
    this is an important first step in the attempt to clarify the
    roles and responsibilities of tribal governments in the
    Homeland Security Act. I want to share with you some of the
    experiences we have had with emergency management and homeland
    security type issues that I think may be helpful as we further
    the discussion.
        It has been an honor for me to listen to the tribal leaders
    discuss the problems they have and hear about their concerns
    for the people for whom they are ultimately responsible. I am
    here as the person charged with implementing the Homeland
    Security Act and other emergency management measures in our
    community. It is a big responsibility. I take it very
    seriously. We have some issues that I think S. 578 will help
    resolve as we go along.
        The Gila River Indian Community is located just south of
    Phoenix, Arizona, is home to about 14,000 of the 18,000
    enrolled members of the community. It is the largest
    reservation in the Phoenix metro area.
        We have worked very hard over the past several years to
    establish and build a very respected and successful emergency
    management program at Gila River. The community also operates a
    fire department, a police department, emergency medical
    services, department of public health, a hospital and these are
    parts of the Arizona State homeland security network.
        I think our current emergency management capabilities
    demonstrate that tribes can and do play an important role in
    homeland security in a regional concept and a State concept of
    homeland security.
        We are here to support S. 578. The bill makes important
    changes to the Homeland Security Act that recognizes the
    sovereignty of tribal governments. It proposes to establish a
    more direct government to government relationship. We just
    received a letter from the Governor of Arizona that supports S.
    578 and I think that letter was sent to the committee
    yesterday. We have worked very hard with the State on some of
    these issues.
        In the broader context of homeland security, however, there
    are certain other issues about the treatment and role of tribes
    that are unclear. S. 578 only corrects one of several omissions
    with regard to tribal treatment and tribal sovereignty for both
    homeland security and emergency management.
        In recent years, we have worked closely with the Federal
    Emergency Management Agency to address an omission in their
    authorizing legislation, the Stafford Act, which has the same
    problem the Homeland Security Act does with regard to defining
    tribal governments as local government. This means tribes
    cannot directly request disaster declarations, they can't enter
    a direct government to government relationship with FEMA and
    many of their programs.
        I want to talk about some examples we have worked on with
    FEMA to work around this issue that needs to be fixed. FEMA
    worked very well with us on some of these issues. They have
    established tribal liaisons in each one of their regions. We
    worked with them to develop a measurement instrument that is
    now available as software to help tribal emergency management
    programs set goals and objectives for their programs and
    measure their program capabilities. We also worked with FEMA to
    develop a specific tribal emergency management training course
    that is available to tribes. They present it twice a year at
    their Emergency Management Institute in Emittsburg, MD.
        We think homeland security could probably follow the same
    lead as FEMA working with tribes that have developed the
    capability that can serve as a model to help other tribes.
    Unfortunately, we still have that problem that doesn't properly
    recognize the role of tribal governments. When the rubber meets
    the road sometimes, those Federal agencies will fall back on
    that law as a stumbling block to providing the proper technical
    assistance, funding assistance and things like that.
        While we are excited about the prospects of amending the
    Homeland Security Act, we would urge the committee to keep in
    mind the Stafford Act is still out there and I think the same
    changes may need to be made to that bill as well.
        S. 578 doesn't do anything for the funding mechanisms for
    tribes. The majority of homeland security funds are distributed
    through the States and we have heard several examples of having
    to lobby county governments and things like that and have
    tribal leaders sit down with staff members from counties to try
    to lobby and negotiate for pieces of funding that should be
    going to the tribes.
        The Department of Health and Human Services has funding for
    hospitals and public health departments. That funding goes
    through the State and tribes must sit down at the table with
    various local governments to negotiate the terms of what if any
    kind of assistance they are going to get for this.
        None of the programs really direct that grant funding would
    go directly to the tribes. It is a matter of how you negotiate
    and what kind of relationships you have been able to establish
    with your State and local governments. Obviously this is
    unacceptable for our community and probably many other Indian
    communities in the Nation.
        A bill currently under consideration in the Senate, S.
    1245, aims to consolidate a lot of the grant funding programs
    for the Department of Homeland Security. That bill also has no
    provisions for addressing the tribal funding needs. Instead,
    the tribes would have to depend upon the States and upon those
    counties and local jurisdictions to compete for those funds
    they need.
        We would urge the committee also to take a look at S. 1245
    and see what kind of language may be developed for that bill
    that would address some of those issues. We would be glad to
    assist with developing some of that language to make sure that
    even if we get S. 578 and the Stafford Act changed, if there is
    still no funding mechanism, we will still be back to square one
    on some of those issues.
        We do have some recommendations. We don't come here with
    our hands out today. We have invested considerable resources at
    the Gila River Indian Community to establish a program to take
    care of the needs of our community in the absence of some of
    the Federal assistance we should be getting. We are proud we
    have a sophisticated program that can take care of some of
    those needs that allows us to get out there and build working
    relationships with our counties, with the State counterparts.
        I think from this experience we can bring some
    recommendations that will help strengthen tribal emergency
    management programs and perhaps give some other recommendations
    for strengthening the homeland security package that you are
    considering.
        The first recommendation is the same amendment needs to be
    made to the Stafford Act that is made to the Homeland Security
    Act. I think it makes sense now to bring that under
    consideration while S. 578 is under consideration.
        Our second recommendation is that we believe that tribal
    governments should be given the option of being a reporting
    jurisdiction in a State's homeland security plan. Right now
    Arizona has made the administrative decision to designate their
    15 counties as reporting jurisdictions for the threat
    assessments and needs assessments. That means that Gila River
    and several other Indian reservations in Arizona must
    artificially divide their needs and threat assessments and try
    to make it fit into both or three counties they are in and that
    complicates things for the counties as they relay that
    information to the State. It doesn't give a clear picture of
    what the threats and needs are on the reservation. I think it
    leaves gaps in the State's homeland security assessment as
    well.
        Congress should stress to DHS and HHS that tribes should be
    given an option if they have the administrative ability to
    manage those grants and things like that. We have sent a letter
    to our State Director of Homeland Security requesting they give
    tribes the option to do that in Arizona. I think we might see
    some movement on that in the future.
        Third, I think Congress must recognize that tribes have
    some unique homeland security issues and needs. Traditionally,
    they will come to the table with much less emergency
    preparedness infrastructure. I think it is unfair to burden
    States that do have tribes with having to dilute their funding.
    It may be possible somewhere down the road to have a set aside
    amount that goes to States that have tribes set aside
    specifically for tribal homeland security needs.
        Fourth, despite the relative disadvantage with respect to
    emergency management infrastructure, tribes must be given the
    opportunity to participate as full partners. I think the
    amendments to S. 578 will help local and State governments
    realize tribal governments do exist. They are there and should
    be treated as equal partners at the table. I think it will
    enhance our capability to enter into relationships with them
    and work out some of these issues.
        Finally, we concur with other colleagues in the emergency
    management community that an all hazards approach to emergency
    management should be maintained. We see a lot of emphasis on
    the law enforcement side, the surveillance side and things like
    that. I think based on our experience, it is very important
    that the all hazards approach be maintained. I think there is
    another bill under consideration, S. 930, that seeks to amend
    the Stafford Act to include terrorism aspects under their
    umbrella of Federal assistance. There are some vehicles out
    there to address some of the concerns and some of the
    recommendations we have.
        In conclusion, I would like to thank you again for allowing
    us to testify. We are encouraged by the attention that some of
    these issues have been getting. We have been involved in trying
    to get some action on these for many years. We would like to
    offer any assistance we can with language, with serving as a
    model community, with assisting, whatever we can to help tribal
    governments become more active and more participatory in the
    homeland security arena.
        We look forward to working with you on this bill and any
    other homeland security issues we can help you with.
        Thank you very much.
        [Prepared statement of Mr. Sanders appears in appendix.]
        Senator Inouye. Thank you very much, Mr. Sanders.
        As noted by you, we have received a letter in support of
    this measure from the Governor of Arizona, Janet Napolitano,
    and that will be made a part of the record.
        Her letter is in support of S. 578.
        President Hall, you made a very interesting observation
    that North Dakota received $13.2 million for homeland security
    purposes and yet only $73,000 was set aside for Indian tribes
    and all these limited funds could enable the hiring of a
    liaison officer with the result that no actual funds were
    allocated to the tribes.
        Mr. Hall. I got my notice last Friday. It was just under
    $73,000 and they are going to use it to hire a liaison. We
    really didn't get any money.
        Senator Inouye. How much did you get, $3?
        Mr. Hall. It really is embarrassing. You can't defend your
    homeland with that kind of dollars.
        Senator Inouye. This measure will address that.
        Mr. Hall. This would be a tremendous help to us. As I
    mentioned, there are strategic missile silos, and hydroelectric
    dams located on Fort Berthold, a mere $14,000 for homeland
    security is embarrassing. There is no way it can cover any
    amount of surveillance that is needed.
        Senator Inouye. We intend to use S. 578 as a legislative
    vehicle to amend the Stafford Act as far as the definition is
    concerned. I presume all of you are in favor of that?
        Mr. Hall. Yes, sir.
        Senator Inouye. I do not think the Administration would
    oppose that. After all, Justice has said they can go along with
    that.
        President Hall, I am certain you have heard concerns
    expressed by certain non-Indians on this measure that it will
    create a lot of chaos in reservation communities and authorize
    broad civil and criminal jurisdiction over non-Indians. Is
    there any reason for them to be concerned?
        Mr. Hall. Not at all. If they read the legislation, it is
    pretty straightforward, it is limited to the acts of terrorism.
    I think people are jumping to conclusions. I think radicals are
    jumping to conclusions and those radicals have never been in
    Indian country. They don't understand the vastness of Indian
    country. Indian country is 56 million acres of trust land as
    you know, Senator. There are strategic initiatives, military
    installations, airports, railroad, hydroelectric dams located
    on Indian land. You put all that together, there is no way we
    can defend our homeland for only $14,000 for each tribe?
        If there is an attack, heaven forbid, that would be on a
    reservation, the tribal government is the closest thing within
    hundreds of miles in many rural parts of America. Non-Indian
    communities are going to call our reservation because of the
    communication system, because of the law enforcement, the
    ambulance, the fire system. They are going to call our tribal
    governments and we are going to respond as Governor Johnson
    indicated when the railroad had their incident, they responded.
    They didn't get a thank you until quite some time later but
    nevertheless that happens throughout Indian country in the
    interest of protecting human life. A terrorist doesn't care
    whose jurisdiction it is.
        No, those are radical statements that are ill founded and
    haven't led to legislation. The legislation is limited to acts
    of terrorism and tribes have to have that ability. If our law
    enforcement, our emergency response is there, if there is an
    act of terrorism, we have to have the ability to move quickly
    to protect human life. So we have thought about that and are
    ready to assist the committee in any manner whatsoever, but I
    believe a lot of those are not really thought out statements.
    Those are radical statements by anti-Indian groups that don't
    like Indian people for whatever reason. They are very
    discriminatory and racist towards our people and they are not
    focused on this piece of legislation which is the Tribal
    Homeland Security. It amends the Homeland Security Act to
    include tribal governments' ability to have direct funding and
    to have the authority and jurisdiction to protect all people,
    all races if an act of terrorism occurs.
        Senator Inouye. Mr. Edwards, has the Department of Homeland
    Security had any official contact with your organization?
        Mr. Edwards. Yes, sir; they have.
        Senator Inouye. What was the nature of that?
        Mr. Edwards. To work together to reach out to various
    Indian organizations and tribes to work with us on our homeland
    security summit. I might add that probably most of that was
    initiated by NALEA seeking and looking for help and support
    from the Department of Homeland Security.
        Senator Inouye. Have members of your organization had the
    opportunity to work with the law enforcement officials, and the
    Federal Bureau of Investigation on matters of homeland
    security?
        Mr. Edwards. Yes, sir; we have. NALEA is about
    partnerships, it's about building relationships. We work
    extremely closely with the FBI. As a matter of fact, just 2
    weeks ago we worked with them to develop a plan with missing
    and exploited children in Indian country, to take that program
    to Indian country. So we work with almost all Federal agencies
    as well as tribal, State and local.
        Senator Inouye. You think this measure will enhance that?
        Mr. Edwards. Yes, sir; I definitely do.
        Senator Inouye. Mr. Sanders, thank you for your testimony.
    As you know when we report out a measure for consideration by
    the full Senate, we accompany that with a committee report. In
    that committee report, I will advise the staff to make certain
    the provisions are clearly set forth that by this measure or
    perhaps another measure, we will make certain that Gila River
    will become a reporting jurisdiction and furthermore, we would
    like to include clarifying language to assure that when funds
    are appropriated, they will not go through the State but go
    directly to tribal governments.
        Mr. Sanders. That would be excellent.
        Senator Inouye. I do not suppose you would oppose that. We
    do respond to testimony, believe me. I hope the measure we
    report to the full Senate will be one that will address some of
    your concerns. We realize that this is not a cure all but I
    think as some of you have indicated, it is a good first step.
    We hope this will become not just a first step but will serve
    as a foundation on which we may add many more steps.
        With that, I thank all of you for your participation today.
    We will now get to work and report out a bill.
        The hearing is adjourned.
        [Whereupon, at 4:22 p.m., the committee was adjourned, to
    reconvene at the call of the Chair.]
    =======================================================================

                                A P P E N D I X

                                  ----------

                  Additional Material Submitted for the Record

    =======================================================================

        Prepared Statement of William F. Raub, Ph.D., Principal Deputy
      Assistant Secretary, Office of Public Health Emergency Preparedness

        William F. Raub is the Principal Deputy Assistant Secretary of the
    Office of Public Health Emergency Preparedness, Office of the Secretary
    of Health and Human Services [HHS]. He has also served as the Principal
    Deputy Assistant Secretary of the Office of Planning and Evaluation,
    also within the Office of the Secretary.
        Dr. Raub was the HHS Deputy Assistant Secretary for Science Policy
    from 1995 to 2001. He was the Science Adviser to the Administrator,
    United States Environmental Protection Agency from 1992 to 1995 after a
    1-year assignment as Special Assistant for Health Affairs in the Office
    of Science and Technology Policy, Executive Office of the President of
    the United States. Prior to that, he was the Deputy Director of the
    National Institutes of Health [NIH] in the Department of Health and
    Human Services from August 1986 through November 1991. From July 1989
    through March 1991, he was the Acting Director, NIH.
        From 1978 to 1986, Dr. Raub served first as Associate Director, and
    later Deputy Director, for Extramural Research and Training at NIH. He
    was Associate Director of the National Eye Institute from 1975 to 1978
    and Chief of the Biotechnology Resources Branch in the Division of
    Research Resources from 1969 to 1975. Dr. Raub was Acting Chief of the
    Special Research Resources Branch, Division of Research Resources, in
    1968-1969, and was a Health Scientist Administrator in the Division of
    Research Facilities and Resources from 1966 to 1968. From 1966 through
    1979, Dr. Raub led the development of the PROPHET system, the first
    integrated array of computer-based tools for the study of the
    relationships between molecular structures and biological effects.
        Dr. Raub has received numerous awards from external organizations
    for his government service--including the Society of Research
    Administrators' Award for Distinguished Contribution to Research
    Administration, the American Medical Association's Nathan Davis Award,
    and election as a fellow of the National Academy of Public
    Administration. In addition, within HHS, he has twice been presented
    the Distinguished Service Award and has received the Presidential
    Meritorious Executive Rank Award and the Presidential Distinguished
    Rank Award.
        Born in Alden Station, Pennsylvania, Dr. Raub was graduated summa
    cum laude with the A.B. degree in Biology from Wilkes College in
    Wilkes-Barre, Pennsylvania. He received the Ph.D. degree in Physiology
    from the University of Pennsylvania, where he also was awarded a
    National Science Foundation Graduate Fellowship and was a Fellow of the
    Pennsylvania Plan. During 1965-1966, Dr. Raub was an instructor and
    post-doctoral fellow at the University of Pennsylvania Medical School.
                                     ______

    Prepared Statement of Audrey Bennett, President, Prairie Tribal Council

        Good afternoon Mr. Chairman and committee members. My name is
    Audrey Bennett, and I'm president of the Prairie Island Indian
    Community. Thank you for inviting me to testify today.
        I'm here to offer this committee a perspective that is unique to my
    community but emblematic of the homeland security issues with which
    many tribal governments in this country must contend.
        For your reference, I've provided an aerial photo of Prairie
    Island, which is located between the Mississippi and Vermilion Rivers
    in southeastern Minnesota, about 50 miles south and east of
    Minneapolis-St. Paul.
        Prairie Island is sacred land. Our people have lived there for
    countless generations. It is my home as well as the final resting place
    for my ancestors.
        As you can see, our reservation is bordered by a nuclear powerplant
    and nuclear waste storage site. Two nuclear reactors and 17 large
    storage casks filled with highly radioactive nuclear waste sit just 600
    yards from our homes, church, community center, and business.
        In fact, our community is believed to be the closest in the Nation
    to both a nuclear powerplant and nuclear waste storage site--yet we
    have no special role in helping to protect these facilities, or for
    that matter, ourselves.
        For decades, well before terrorism became the issue that it is
    today, our tribe had to fight to be properly recognized by the State of
    Minnesota and our utility neighbor. In 1979, when the plant was
    evacuated after a steam generator leaked radiation into the atmosphere,
    no one even bothered to inform our people about the incident. Most
    tribal members realized something was wrong only after witnessing
    numerous cars speeding away from the plant. Many of us wisely followed.
        Today we are better prepared for a similar incident, and we have a
    reasonably cooperative relationship with the plant and the State. But
    in this age of catastrophic terrorism, conventional emergency planning
    and tangential communication seems grossly inadequate. While we
    participate in the State's radiological drills and exercises, we have
    no formal role in helping to prevent an attack, and our involvement in
    responding to such an event is, at best, ill-defined.
        Imagine every time you leave your house or look out your window,
    seeing a nuclear powerplant and being reminded of your vulnerability.
    Imagine in this day of color-coded warnings and credible threats,
    fearing the worst every time an airplane flies by or a news helicopter
    hovers over the neighboring nuclear plant. Imagine, and this happened
    recently, driving down your road only to see military Humvees stationed
    at your intersection without any explanation or notice.
        This is what we live with every day. We are uninformed. We are
    victims in waiting.
        Even in disaster recovery, should the worst occur, under the
    existing system we have little to no independent recourse; instead, we
    are largely subject to State authority. This was evidenced recently
    when our community was affected by major flooding, and we had to go
    though the State to access Federal resources.
        While there, of course, needs to be cooperation between tribal and
    State governments, it is not appropriate for States to be in the
    position of deciding what tribes need to prepare for or recover from a
    disaster--natural or otherwise.
        Our tribal government, not the State, is ultimately responsible for
    the health and safety of as many as 10,000 people, including our tribal
    members, employees and visitors. But we also have a responsibility to
    scores more that live in the area by virtue of our proximity to a
    potential terrorist target and our obligation as Americans to help
    protect the homeland.
        According to a January 2003 poll, nearly 60 percent of Minnesotans
    are concerned that the State's nuclear powerplants could be targeted
    for terrorism. And 54 percent say that they would need to live at least
    50 miles from a nuclear powerplant to feel safe.
        Having lived much of my life in the shadow of a nuclear facility, I
    share their concern. I share their concern because I know more can be
    done to ensure our safety.
        Reservation lands located along our nation's borders and near
    critical infrastructure such as dams, hydroelectric facilities, and
    nuclear powerplants are vulnerable. Tribal governments should be given
    the mandate and resources needed to help keep these areas safe.
    Furthermore, in keeping with the Federal Government's trust
    responsibility to tribes, the Department of Homeland Security should be
    required to deal with tribes on a government-to-government basis--just
    as any other Federal agency would.
        Clearly, if it is going to be effective, the Homeland Security Act
    must involve tribes and be inclusive of tribal interests. It should
    recognize tribal governments and demand the same vigilance of tribes
    that is expected from others charged with protecting this Nation.
        On behalf of my community and tribal council, thank you again for
    the opportunity to, testify here today. We pledge our full cooperation
    in this matter and we look forward to further dialog and prudent
    action.
        Mr. Chairman, I'd be happy to answer any questions.

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