[Senate Hearing 108-594]
[From the U.S. Government Publishing Office]
S. Hrg. 108-594
NATIVE AMERICAN PROGRAMS ACT
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED EIGHTH CONGRESS
SECOND SESSION
ON
S. 2436
TO REAUTHORIZE THE NATIVE AMERICAN PROGRAMS ACT OF 1974
__________
JUNE 8, 2004
WASHINGTON, DC
U.S. GOVERNMENT PRINTING OFFICE
94-171 WASHINGTON : DC
____________________________________________________________________________
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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
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Page
S. 2436, text of................................................. 2
Statements:
Akaka, Hon. Daniel K., U.S. Senator from Hawaii.............. 4
Echohawk, John, executive director, Native American Rights
Fund....................................................... 8
Inouye, Hon. Daniel K., U.S. Senator from Hawaii, vice
chairman, Committee on Indian Affairs...................... 1
Smith, Jr., Leonard J., president and chief executive
officer, A&S Tribal Industries............................. 10
Stamps, Quanah Crossland, commissioner, Administration for
Native Americans, Department of Health and Human Services.. 4
Appendix
Prepared statements:
Clahchischilliage, Sharon, member, Navajo Nation............. 15
Echohawk, John............................................... 16
Laenui, Poka, executive director, Wai`anae Coast Community
Alternative Development Corporation........................ 17
Smith, Jr., Leonard J........................................ 18
Stamps, Quanah Crossland..................................... 19
NATIVE AMERICAN PROGRAMS ACT
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TUESDAY, JUNE 8, 2003
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The committee met, pursuant to notice, at 10:05 a.m. in
room 485, Russell Senate Building, Hon. Daniel K. 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 meets this morning to receive
testimony on S. 2436, a bill to reauthorize the Native American
Programs Act. The Native American Programs Act was enacted in
law in 1974 as part of President Johnson's war on poverty
initiative. The act is administered by the Administration for
Native Americans within the Department of Health and Human
Services.
The Administration for Native Americans provides grants to
first, assist Native communities in social and economic
development initiatives; second, build the capacity of Native
communities to plan and develop environmental programs; and
third, provide support to Native communities that are seeking
to preserve the Native languages.
For many tribal groups, ANA funding is one of the few
sources of support that may be used to develop the necessary
genealogical, anthropological and historical data necessary to
document their petitions for Federal acknowledgment. There can
be no doubt that the Native American Programs Act has enabled
some of the most important and critical objectives in Indian
country to be achieved.
[Text of S. 2436 follows:]
Senator Inouye. Many of our witnesses today have submitted
written testimony to the committee because they lack the
resources to travel to Washington. We are most appreciative of
that fact, and their input.
So without further ado, I will call our first witness,
Quannah Crossland Stamps, the commissioner for the
Administration for Native Americans.
Before we proceed Ms. Stamps, does Senator Akaka have a
statement?
STATEMENT OF HON. DANIEL K. AKAKA, U.S. SENATOR FROM HAWAII
Senator Akaka. Thank you very much, Mr. Chairman. I thank
you and the committee for holding this hearing today on S.
2436, a bill to reauthorize the Native American Programs Act. I
would also like to thank the witnesses who will testify before
the committee for their participation today.
The Administration for Native Americans which administers
the Native American Programs Act serves all Native Americans,
including 562 federally recognized tribes, American Indian and
Alaska Native organizations, Native Hawaiian organizations and
Native populations throughout the Pacific Basin. ANA has
successfully assisted American Indians, Alaska Natives, Native
Hawaiians and other Native American Pacific Islanders in
promoting social and economic self-sufficiency. ANA has helped
these communities in generating their own resources to become
self-sufficient.
As we will hear from the witnesses today, Native
communities across the Nation, including the Native peoples in
Hawaii, have benefitted by these worthy programs. It is
imperative that we reauthorize the Native American Programs Act
in order to continue improving economic conditions of
indigenous people. I want to particularly thank Senator Inouye
for introducing this important legislation again, and to
continue it after 30 years of its existence. Again, thank you
very much, Mr. Chairman, for giving me this opportunity and for
this hearing. Thank you.
Senator Inouye. I thank you, sir.
May I now call upon Commissioner Stamps. Commissioner,
welcome.
STATEMENT OF QUANAH CROSSLAND STAMPS, COMMISSIONER,
ADMINISTRATION FOR NATIVE AMERICANS, DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Ms. Stamps. Good morning, Mr. Chairman, Senator Akaka. It
is certainly an honor to appear before you today to discuss
reauthorization of the Native American Programs Act is also
known as NAPA. The purpose of NAPA is to promote the social and
economic self-sufficiency of American Indians, Native
Hawaiians, Alaska Natives and other Native American Pacific
Islanders. Each of these culturally diverse populations have
their own traditions, languages and social and economic
challenges.
NAPA also authorizes the Intradepartmental Council on
Native American Affairs, the Department of Health and Human
Services' focal point for the policies and programs that impact
Native American people and their communities. The
Administration for Native Americans implements and administers
NAPA. As Commissioner of ANA, I oversee a $45 million
discretionary grant program that provides funding in three
areas: Social and economic development, environmental
regulatory enhancement; and language preservation and
maintenance.
ANA currently administers a portfolio of 250 projects, with
63 percent of these projects as social and economic development
projects; 10 percent are environmental projects; and 27 percent
are language preservation and maintenance.
ANA receives over 560 applications annually requesting over
$100 million in project funding. It is ANA's goal to fund as
many quality projects as possible and to work with our grantees
and communities to ensure the success of each project.
The ANA SEDS Program promotes self-sufficiency and enhances
self-governance by providing seed money for projects that are
community-designed and implemented. These projects provide
options and opportunities to support and develop stable
communities. For example, the ANA has funded the Affiliated
Tribes of the Pacific Northwest to develop travel and tourism
brochures, videotapes, and marketing material to increase their
tourism revenue. The Standing Rock Sioux Tribe in North Dakota
is developing business and financial plans that will enable
them to purchase and operate their own telephone company. The
Native American Sports Council in Colorado has trained over
1,500 Native American young athletes and coaches by using
traditional Native American values, combined with athletic
excellence and wellness programs. In Alaska, Port Graham is
laying the foundation for development of a value-added fish
processing operation that will allow them to diversify their
commercial business markets.
With the growing awareness of environmental issues, ANA's
Environmental Regulatory Enhancement Projects address the
responsibility of tribes and villages to formulate the
environmental ordinances and laws, and train their community
members in the use and control of their natural resources. For
example, the Great Lakes Fish and Wildlife Commission based in
Wisconsin used ANA funds to leverage over $2 million in an
effort to prevent the spread of a new invasive marine species
to the Great Lakes. Another example is the Hoopa Valley Indian
Reservation in California that made their community members
safer and protected their timber industry through the
development and implementation of a comprehensive black bear
management plan.
Through the language preservation and maintenance programs,
ANA has funded projects that address the need to stop the loss
of our Native languages. Many tribes and Native communities
have language preservation programs. For example, the Cherokee
Nation in Oklahoma has developed and successfully implemented
school-based language immersion programs and after-school
programs to support language fluency. Another successful ANA
grantee is the Alu Like in Hawaii. This organization has
digitized and translated the original Hawaiian bible and
historical documents and newspapers, and made the resources
available both on an interactive Web site and on CD ROM.
In all of these projects, ANA funds have been used to build
community capacity and to support our people, our traditions,
and to develop our community infrastructure.
When I became Commissioner of ANA, I conducted a review of
the ANA program. Based on that review, we developed an
organizational action plan to make an already-great program
more streamlined, more cost-effective and more accessible to
our Native communities. ANA has also restructured how it
provides technical assistance services to prospective
applicants and current grantees.
Mr. Chairman, Senator Akaka, I have already submitted my
statement regarding these improvements, so I will not go into
it at this time during the hearing.
ANA funds the widest range of community-based projects
submitted by tribes and Native organizations, projects that
make a difference in the lives of our Native children, elders
and families. Together with the support of Congress and the
reauthorization of the Native American Programs Act, ANA will
continue to provide critical funding and technical assistance
for communities to achieve their goals of self-sufficiency.
Thank you, Mr. Chairman and members of the committee. I
will take any questions.
[Prepared statement of Ms. Stamps appears in appendix.]
Senator Inouye. I thank you very much. If the NAPA program
did not exist and were not reauthorized, what resources would
be available for preserving Native languages?
Ms. Stamps. I am not aware of any resources other than NAPA
for Native languages, except for possibly the Department of
Education, but I am not sure if they fund in a discretionary
manner Native language programs.
Senator Inouye. What sources do you think would be
available for tribal governments to regulate environmental
policy?
Ms. Stamps. Other than programs that are available from
BIA, I do not believe that there is any discretionary funding
available to help tribes implement or develop laws and
ordinances.
Senator Inouye. Can you advise this committee as to how
many tribes have benefitted from the act before 1998?
Ms. Stamps. Before 1998? How many tribes have benefitted
from NAPA?
Senator Inouye. Yes.
Ms. Stamps. I am sorry. I do not have that information. I
will be happy to provide it to the committee.
Senator Inouye. Do you have any information after 1998?
Ms. Stamps. We know that ANA's portfolio is made up of
about 70 percent tribal-funded projects; 30 percent are
nonprofit.
Senator Inouye. Would you consider this program to be a
successful one?
Ms. Stamps. Absolutely.
Senator Inouye. So you would be in favor of
reauthorization?
Ms. Stamps. I would.
Senator Inouye. We have been advised that your agency has
set a cap for individual grants and reduced that cap from $1
million to $500,000. Can you explain the rationale for this?
Ms. Stamps. Yes, Senator; one of the things that we looked
at when we reviewed the program was to determine how many
grants ANA awards and how many communities the grants affect.
We had approximately four or five grantees that encumbered
about 20 percent of ANA's new grant award dollars per year. So
what we did is we wanted to put more grants in the communities
and ensure that we were able to put more money in the
communities.
So reducing the cap from $1 million to $500,000 really did
not affect current grantees, except what it did do is put more
money out in the communities. We did have a program
announcement that went out for comment informing the public
that we were interested in doing this. We did not receive any
comments or complaints at the agency regarding this change.
Senator Inouye. What is the rationale for imposing a
condition that the project must be completed within 3 years?
Ms. Stamps. That has been a historical policy for ANA, an
administrative policy. They actually have three issues that
they address when they fund a project; that the project can be
complete; that there is a product at the end; or that the
project is self-sufficient at the end of a 3-year period.
Senator Inouye. The Intradepartmental Council on Indian
Affairs has been, I suppose, an effective tool to raise
awareness of Native American issues. Do you think that this
Council should be continued under this reauthorization?
Ms. Stamps. Absolutely. Secretary Thompson and Deputy
Secretary Allen are extremely supportive of this Council. It is
comprised of the major heads of all the agencies in HHS.
Senator Inouye. So you believe that this measure continues
to serve its purpose?
Ms. Stamps. It does serve a purpose.
Senator Inouye. I thank you very much.
Senator Akaka.
Senator Akaka. Thank you very much, Mr. Chairman.
Commissioner, I want to start by thanking you and
commending you for the work you have done, and especially for
the kind of support ANA gives to the indigenous peoples. There
is no question that it has helped these folks in these three
primary programs that you have mentioned. So therefore, I want
to commend you and wish you well in what you are doing.
I hope that we will continue to see this kind of movement
in the indigenous communities. I am so glad that you are
putting emphasis on language as you are. It is something that
is basic, as you know, to the indigenous peoples. So I hope the
preservation and maintenance programs of languages will
continue as strong as they have. It certainly helps the culture
and the continued education of young people in the culture. I
am so glad to hear it all over Hawaii, and I am sure across the
Nation.
So thank you very much.
Thank you, Mr. Chairman.
Ms. Stamps. Thank you.
Senator Inouye. Thank you very much, Madam Commissioner.
Ms. Stamps. Thank you, Senator.
Senator Inouye. Now may I call upon the second panel, John
Echohawk, the executive director of the Native American Rights
Fund of Boulder, CO; and Leonard J. Smith, Jr., president and
CEO, A&S Tribal Industries of Poplar, Montana.
Mr. Echohawk.
STATEMENT OF JOHN ECHOHAWK, EXECUTIVE DIRECTOR, NATIVE AMERICAN
RIGHTS FUND
Mr. Echohawk. Good morning, Mr. Chairman. Thank you for
inviting me here today to discuss S. 2436, a bill to
reauthorize the Native American Programs Act of 1974. The Act
is administered by the Administration for Native Americans,
ANA, in the Department of Health and Human Services.
Both the Native American Rights Fund and I have a long
association with ANA. I went to law school on a scholarship
program started in 1967 by ANA's predecessor agency, the Indian
Division of the Office of Economic Opportunity. The purpose of
that pilot program was to increase the number of Native
American attorneys in this country. At that time, there were
only a handful and we should have had about 1,000 to be
proportionally represented in the legal profession. The pilot
program was later picked up by other government agencies and
private scholarship providers, and has helped to produce over
2,000 Native American attorneys today.
I think that you and all of the other committee members are
aware of the important role that Native American attorneys have
played in helping the tribes improve their social and economic
conditions substantially during this Indian self-determination
period. This is the kind of social and economic development
that ANA has done in the past and will continue to do in the
future in Indian country.
The Native American Rights Fund, a nonprofit national
Native American legal organization, has been receiving funding
from ANA and its predecessor agencies almost continuously since
1971 to assist tribes, Native American organizations, and
individuals in removing and resolving legal barriers to social
and economic development.
In recent years, with ANA support, the Native American
Rights Fund assisted the Chippewa-Cree Tribe of the Rocky Boy's
Reservation in Montana in negotiating a water rights settlement
compact with the State of Montana that was approved by Congress
and provided $47 million to the tribe to provide for its
present and future water needs.
With ANA support, the Native American Rights Fund assisted
the Alabama-Coushatta Tribe of Texas in securing a
recommendation from the U.S. Court of Federal Claims that
Congress should provide over $270 million in compensation to
the tribe for the failure of the United States to protect the
tribe's aboriginal lands. In Alaska, the Native American Rights
Fund provided assistance to Alaska Natives in protecting their
subsistence hunting and fishing rights, which were upheld in
court decisions and which provide an annual harvest of 34 to 40
million pounds of game and fish to over 200 Native villages.
These are just a few recent examples of the social and
economic development projects that the Native American Rights
Fund has done with ANA support.
I am therefore very supportive of this bill to reauthorize
the Native American Programs Act of 1974 and keep the ANA
program going to provide financial assistance to Native
Americans for social and economic development, environmental
protection, and language revitalization. As an executive
director of a Native American nonprofit organization, I know
how difficult it is to raise funds for Native American social
and economic development projects from the public and private
sectors. I know that ANA has the largest amount of funds and
the greatest flexibility in supporting Native American social
and economic development projects anywhere.
Despite ANA's long history of supporting these projects,
there is still a significant unmet need for funding for Native
American social and economic development projects, as evidenced
by the huge volume of grant applications that ANA still
receives annually. The Native American Programs Act of 1974
needs to be authorized so that ANA can continue its important
role in trying to meet this unmet need and promote Native
American social and economic development across the country.
ANA's primary grant program for meeting these social and
economic development needs is their Social and Economic
Development Strategies, or SEDS, Program. I was pleased to be
part of a work group put together by ANA back in the 1970's
that helped to formulate this SEDS Program. The key element of
the SEDS Program was the self-determination policy, which
recognizes the right and the responsibility of each tribe and
Native American community to create its own strategy for social
and economic development. The flexibility built into the SEDS
program to allow consideration of these tribal and community-
based strategies for funding has allowed ANA to achieve the
success that it has in promoting social and economic
development projects in Indian country.
Unfortunately, I believe that this flexibility in the ANA
SEDS program was compromised when ANA released its 2004 program
announcement late last year, which it finalized earlier this
year. I shared my concerns about the new program announcement
with ANA Commissioner Quanah Stamps, but unfortunately they
were not addressed in the final program announcement. My first
concern was that the upper limit on grant awards was reduced
from $1 million per year, which is about what the Native
American Rights Fund has been receiving in grants in recent
years, to $500,000. That is a reduction of $500,000. My other
concern was the new restriction against funding any project
that had been funded in whole or in part before, which
basically means that ANA's funding is now limited to projects
that can be completed in 3 years or less. In past years, ANA
would fund Native American projects in parts so that a project
requiring more than 3 years to complete could be funded and
eventually completed.
Now, we are required to propose SEDS projects that take 3
years or less and we do not have very many of those to propose
on behalf of the tribes and Native American communities that we
serve. These two changes mean that ANA has gone to a SEDS
Program that limits the flexibility of tribes and Native
American communities and requires smaller grants and smaller
projects. These two changes have impacted the Native American
Rights Fund severely and I hope that ANA will reconsider these
concepts in the future in their new SEDS Program announcements.
Thank you, Mr. Chairman. I would be pleased to answer any
questions that you may have.
[Prepared statement of Mr. Echohawk appears in appendix.]
Senator Inouye. I thank you, sir. I will call upon Mr.
Smith before I ask questions.
So, President Smith.
STATEMENT OF LEONARD J. SMITH, Jr., PRESIDENT AND CEO,
ASSINIBOINE-SIOUX TRIBAL INDUSTRIES
Mr. Smith. Mr. Chairman and members of the committee, I
appreciate the opportunity to testify on behalf of the Native
American Programs Act of 1974, referred to in my testimony as
NAPA.
My name is Leonard J. Smith and I am an enrolled member of
the Assiniboine-Sioux Tribes on the Fort Peck Indian
Reservation in Northeastern Montana. I am also Chief Executive
Officer of A&S Tribal Industries, a tribal-owned, four-acre
industrial complex of 180,000 square-feet of space that
provides metal fabrication and machining manufacturing services
to the Federal Government and to the private sector.
A&S Tribal Industries, once the largest private sector
employer in Northeastern Montana, with 550 employees and
approximately $40 million in revenue, is currently diversifying
into new market opportunities with the assistance of NAPA. NAPA
is the only program in the Federal Government that provides
seed-funding for a large and diverse constituency of over 550
Federally recognized tribes, Alaska Natives and Natives of the
Pacific Islands. It helps leverage local funds and non-Federal
funds to finance business projects at the community level.
The results are increased self-sufficiency, job creation
and job retention on American Indian reservations. Programs
such as NAPA have a strong impact on the ability of tribal and
Native-owned companies to develop laws and regulations that
comply with Federal agency standards, as well as with business
practices required by private industry. My testimony focuses on
project funding and technical assistance provided by the
Administration for Native Americans. Investments we have
received from ANA have helped A&S Tribal Industries increase
private sector contracts for commercial product lines.
As chief executive office of a tribal-owned enterprise, I
understand and incorporate the distinct competitive advantages
that tribes have for creating jobs on reservations and in
Native American communities. But we need the Federal partners
like NAPA to help with the successful transition of tribal-
owned companies into the global economy. In our case,
technology plays an important role in self-sufficiency,
profitability and job retention in our American Indian
communities.
A&S Tribal Industries uses NAPA programs as tools to meet
the technical requirements of prime defense contractors and
increased joint ventures on commercial and Federal contracts.
This directly creates and retains manufacturing jobs on the
Fort Peck Indian Reservation. ANA funding helped us develop a
manufacturing training curriculum at Fort Peck Community
College that met the supplier standards of a prime defense
contractor. The result is that locally-based American Indians
are being trained in manufacturing technical skills that are
higher paying jobs. This helps A&S Tribal Industries recruit
new customers, increase revenues and create higher paying jobs
for Native Americans that live in very small isolated
communities.
The reauthorization of NAPA will help other tribally owned
manufacturing businesses climb the management and technical
capacity ladders that are minimum standards required by private
industry. NAPA programs provide resources that help locally
based Native American leaders build new partnerships, which
increases jobs, and in turn provides paychecks that support
local small businesses like grocery stores, clothing stores,
service companies, transportation companies, telephone utility
companies and all of the services required on the Fort Peck
Indian Reservation in Northeastern Montana.
I urge passage of S. 2436, the reauthorization of the
Native American Programs Act of 1974.
[Prepared statement of Mr. Smith appears in appendix.]
Senator Inouye. Mr. Echohawk, the landmark case Cobell v.
Norton affects the lives of how many beneficiaries of the funds
that are held in trust for their benefit?
Mr. Echohawk. Mr. Chairman, we believe that there are about
500,000 current and past Individual Indian Money account-
holders that are affected by that litigation.
Senator Inouye. And what is the amount involved?
Mr. Echohawk. We believe that about $13 billion has gone
through the Individual Indian Money accounts since they were
first created in 1887. I believe that the Government figures
support that. We believe that the Government's liability in
that case in terms of providing the accounting requires them to
come forward with evidence in terms of how much of this $13
billion they paid out, and then the government would have to
account for whatever it does not have records for in terms of
what it has paid out.
Senator Inouye. Am I not correct that your organization,
the Native American Rights Fund, plays a major role in this
case?
Mr. Echohawk. Yes, Mr. Chairman; we are co-counsel in the
case on behalf of the class in conjunction with private
attorneys.
Senator Inouye. How many years have you been involved in
this?
Mr. Echohawk. We have been involved in that case since it
was filed in 1996.
Senator Inouye. Are there other cases that the Native
American Rights Fund is involved in?
Mr. Echohawk. Yes, Mr. Chairman; all together, the Native
American Rights Fund is involved in about 50 cases, matters and
activities across the country on behalf of Native Americans.
Senator Inouye. With that workload, they are proposing to
cut the grant by one-half?
Mr. Echohawk. As I pointed out in my testimony, we have
been funded in recent years at a level of about $1 million. The
new limit is $500,000. So if we are able to be funded, the most
that we could be funded at would be $500,000. We currently have
a proposal pending that requests almost that amount in the
first year.
Senator Inouye. With the circumstances as presented by the
Administration and the reality of funding, would any of the
major private firms in the United States take this case, with
the amount that you receive?
Mr. Echohawk. The Cobell case? I do not think that there
are any law firms out there that would take on the case with
the magnitude of the Cobell case. That was basically the
experience that we had. We were able to enlist the services of
some private attorneys in some firms, but there is no way that
they could carry that case completely, so it has had to be done
on the private resources of the Native American Rights Fund
that have been raised from private sources.
Senator Inouye. In other words, if it were not for this
assistance from the Administration of Native Americans, 500,000
Native Americans would not get what the historical accounting
to which are entitled to?
Mr. Echohawk. The specific funding that we have had in
recent years from the Administration for Native Americans has
not been used for the Cobell v. Norton case. That money to
support that case has come from private resources raised by the
Native American Rights Fund. The funding from ANA has been used
in our most recent grant for 22 different objectives out of
these 50 other cases that I was talking about.
Senator Inouye. So you support this program?
Mr. Echohawk. Yes, Senator; I certainly do. As I mentioned
in my testimony, there are no other large sources of funds for
Native American social and economic development like the ANA
program. We desperately need it to be reauthorized and continue
to be made available to Native Americans across the country.
Senator Inouye. Do you also feel that this bill should be
amended to make certain that caps of that nature are not
authorized?
Mr. Echohawk. It has severely impacted the Native American
Rights Fund and our constituents. We would hope that the
Administration would reconsider the limit or that Congress
would ask them to reconsider that limit.
Senator Inouye. I thank you very much, Mr. Echohawk.
Mr. Echohawk. Thank you, Mr. Chairman.
Senator Inouye. Mr. Smith, you mentioned that the Native
American Programs Act provides project funding for your tribal
industries. Can you give us an example of specific projects,
just for the record?
Mr. Smith. Yes, Mr. Chairman; The Assiniboine-Sioux Tribe
was able to support our efforts to expand our manufacturing
capabilities, although A&S Tribal Industries was a very large
manufacturing operation.
Senator Inouye. What do you manufacture?
Mr. Smith. It has had to change the way it does business.
Basically, changing from a job-creating industry to a profit-
making business. The ANA funding has allowed us to expand our
markets and then train our tribal members into some technical
areas that we need to have for these expansion efforts. The
markets have changed. We have to be more competitive. There are
short-runs versus large-runs. So we have had to change the way
we do business. We have had to become more technology-oriented
and it all requires training. It also requires our ability to
get the computer-related equipment and the kind of facilities
that we would need to help us make these changes for new
markets.
Senator Inouye. Your industries have resulted in employment
for Native Americans. What is the scope of this employment? How
many people have been hired?
Mr. Smith. When I came back to my reservation 4 years ago,
there were four people working there.
Senator Inouye. Four?
Mr. Smith. Four people, yes, Mr. Chairman.
Senator Inouye. And the rest were unemployed?
Mr. Smith. Excuse me?
Senator Inouye. And the remainder were unemployed?
Mr. Smith. Yes; that came down to four people from 550
people at one time, so it was a very significant change to the
community. But we have since, with the help of these kind of
resources, like from ANA, we have been able to turn around our
company. We now have 120 people. We have just spun off a new
business, bootstrapped a new business in another area, using
some of the Small Business Administration programs. So we are
creating more jobs. We are creating higher-paying jobs. We are
creating new businesses.
Senator Inouye. So I suppose you would say this is a
``must'' bill.
Mr. Smith. I would definitely say that, yes, Mr. Chairman.
Senator Inouye. Well, gentlemen, I thank you very much. We
will do our very best to see that this measure becomes law and
the funding continues.
Thank you.
Mr. Smith. Thank you.
Mr. Echohawk. Thank you, Mr. Chairman.
[The prepared statement of Poka Laenui, submitted for the
record in support of S. 2436, appears in appendix.]
[Whereupon, at 10:42 a.m. the committee was adjourned, to
reconvene at the call of the Chair.]
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A P P E N D I X
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Additional Material Submitted for the Record
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Prepared Sharon Clahchischilliage, Executive Director, Navajo Nation
Washington Office
Mister Vice Chairman and honorable members of the Senate Committee
on Indian Affairs, I appreciate the opportunity to comment on the value
of S. 2436 the Reauthorization of the Native American Programs Act of
1974 as administered by the Department of Health and Human Services.
My name is Sharon Clahchischilliage. I am a member of the Navajo
Nation and the executive director for the Navajo Nation Washington
Office. The Office represents the policies and concerns of the Navajo
Nation government to the U.S. Congress and Federal agencies.
The Navajo Nation and the Administration for Native Americans [ANA]
have enjoyed a long and productive relationship. The ANA is an
essential source for the promotion of funding programs that encourage
economic self-determination and the preservation of language and
culture for Native Americans. The ANA is unique in that it is the only
Federal agency that serves the diverse scope of Federal and State
recognized tribes by providing grants, training and other assistance to
enhance the ability of Native Americans to exercise self-determination
in governmental decisionmaking, foster tribal economic growth, promote
health programs, and enhance the preservation of traditions and
culture. The ANA manages to support the approximately 2.2 million
individuals served by its grants and assistance with a budget of only
$35 million. The success in terms of the fulfillment of the ANA's goals
and objectives is more than reason enough to reauthorize the Native
American Programs Act.
The Navajo Nation has received five grants from the ANA since 1994
to promote various programs from language preservation to supporting
the Navajo Arts and Crafts Cooperative to promoting improved sheep
farming self-sufficiency to developing environmental codes and
regulations. These projects totaling approximately $1.6 million have
helped the Navajo Nation promote and preserve our traditional culture
and protect our environment.
For example, the Navajo Nation has received two grants to promote
the Navajo Nation Language Project. This project has been developed to
promote the instruction of the Navajo language in Navajo high schools.
The funds provided by the ANA allow the Navajo Nation to develop and
improve Navajo language teaching materials. The ANA grants have been
used to create new language curricula, train teachers and improve
Navajo language programs to meet the standards of foreign language
requirements in Arizona, New Mexico, and Utah. These funds have also
been used to develop a social studies course that provides an essential
understanding of the Navajo Nation government. Without these grants,
the Navajo Nation would not be able to offer Navajo language
instruction as a legitimate high school foreign language credit, nor
would teachers be able to use updated curricula and instruction
materials. Finally, the creation of the Navajo Government instruction
provides essential information on how the lives of individual Navajo
are governed by their elected officials.
The Navajo Nation has benefited from other ANA grants such as the
Sheep is Life Economic Development Project. This project helps to fund
Dine' be' iina', Inc., a non-profit organization that is helping to
restore the Churro Sheep among Navajo sheep owners. The organization
also helps to further economic self-sufficiency that is based on the
historic interrelationship between and traditional sheep farming, and
wool and fiber crafts. The project has helped to raise interest in
traditional sheep rearing, and training students to sheer, sort, card,
wash, and spin wool at high schools, and develop an educational
curriculum for high school agriculture programs.
These are just two examples of the projects that ANA grants have
helped to benefit the Navajo People. These grants provide much needed
money to protect traditional ways. The culture and traditions of Native
Americans throughout the country are always under pressure from the
intrusion of modern influences. The ANA helps to keep these intrusions
at bay by creating incentives to adhere to traditional practices and
culture.
The reauthorization of the Native American Programs Act will help
to protect the traditions of tribes and promote economic self-
sufficiency. For that reason the Navajo Nation supports the
reauthorization of the Act and the continuation of the ANA grants. I
strongly urge the passage of S. 2436.
______
Prepared Statement of John E. Echohawk, Executive Director, Native
American Rights Fund
Good morning, Chairman Campbell, Vice Chairman Inouye, members of
the committee. Thank you for inviting me here today to discuss S. 2436,
a bill to reauthorize the Native American Programs Act of 1974. The act
is administered by the Administration for Native Americans [ANA] in the
Department of Health and Human Services.
Both the Native American Rights Fund and I have had a long
association with ANA. I went to law school on a scholarship program
started in 1967 by ANA's predecessor agency, the Indian Division of the
Office of Economic Opportunity. The purpose of the pilot program was to
increase the number of Native American attorneys in this country--there
were only a handful at the time and we should have had 1,000 to be
proportionally represented in the legal profession. The pilot program
was later picked up by other government agencies and private
scholarship providers and has helped to produce over 2000 Native
American attorneys today. I think that all of the committee members are
aware of the important role that Native American attorneys have played
in helping the tribes improve their social and economic conditions
substantially during the Indian self-determination era which has
occurred during this time. This is the kind of social and economic
development that ANA has done and can continue to do in Indian country.
The Native American Rights Fund, a non-profit national Native
American legal organization, has been receiving funding from ANA and
its predecessor agencies almost continuously since 1971 to assist
tribes, Native American organizations and individuals in removing and
resolving legal barriers to social and economic development. In recent
years with ANA support, the Native American Rights Fund assisted the
Chippewa-Cree Tribe of the Rocky Boys Reservation in Montana in
negotiating a water rights settlement compact with the State of Montana
that was approved by Congress and provided $47 million to the tribe to
provide for its present and future water needs. With ANA support, the
Native American Rights Fund assisted the Alabama-Coushatta Tribe of
Texas in securing a recommendation from the U.S. Court of Federal
Claims that Congress should provide over $270 million in compensation
to the tribe for the failure of the United States to protect the
tribe's aboriginal lands. In Alaska, the Native American Rights Fund
provided assistance to Alaskan Natives in protecting their subsistence
hunting and fishing rights which were upheld in court decisions and
which provide an annual harvest of 34-40 million pounds of game and
fish to over 200 Native villages. These are just a few recent examples
of the social and economic development projects that the Native
American Rights Fund has done with ANA support.
I am therefore very supportive of this bill to reauthorize the
Native American Programs Act of 1974 and keep the ANA program going to
provide financial assistance to Native Americans for social and
economic development, environmental protection and language
revitalization. As an executive director of a Native American non-
profit organization, I know how difficult it is to raise funds for
Native American social and economic development projects from the
public and private sectors. I know that ANA has the largest amount of
funds and the greatest flexibility in supporting Native American social
and economic development projects anywhere. Despite ANA's long history
of supporting these projects, there is still a significant unmet need
for funding for Native American social and economic development
projects as evidenced by the huge volume of grant applications that ANA
still receives annually. The Native American Programs Act of 1974 needs
to be reauthorized so that ANA can continue its important role in
trying to meet this unmet need and promote Native American social and
economic development across the country.
ANA's primary grant program for meeting these social and economic
development needs is their Social and Economic Development Strategies
[SEDS] program. I was pleased to be part of a work group put together
by ANA back in the 1970's that helped to formulate the SEDS program.
The key element of SEDS was the self-determination policy which
recognizes the right and the responsibility of each tribe and Native
American community to create its own strategy for social and economic
development. The flexibility built into the SEDS program to allow
consideration of these tribal and community based strategies for
funding has allowed ANA to achieve the success that it has in promoting
social and economic development projects in Indian country.
Unfortunately, I believe that this flexibility in the ANA SEDS
program was compromised when ANA released its 2004 program announcement
late last year which it finalized earlier this year. I shared my
concerns about the new program announcement with ANA Commissioner
Quanah Stamps but unfortunately they were not addressed in the final
program announcement. My first concern was that the upper limit on
grant awards was reduced from $1 million per year, which is about what
the Native American Rights Fund has been receiving in grants in recent
years, to $500,000, a reduction of $500,000. My other concern was the
new restriction against funding any project that had been funded in
whole or part before, which basically means that ANA SEDS funding is
now limited to projects that can be completed in 3 years or less. In
past years, ANA would fund Native American Rights Fund projects
inparts, so that a project requiring more than 3 years to complete
could be funded and eventually completed. Now we are required to
propose SEDS projects that take 3 years or less and we do not have very
many of those to propose on behalf of the tribes and Native American
communities that we serve. These two changes mean that ANA has gone to
a SEDS program that limits the flexibility of tribes and Native
American communities and requires smaller grants and smaller projects.
These two changes have impacted the Native American Rights Fund
severely and I hope that ANA will reconsider them in future SEDS
program announcements.
Thank you, Mr. Chairman, for this opportunity to testify and I will
be pleased to answer any questions that you or the other committee
members may have.
______
Prepared Statement of Poka Laenui, Executive Director, Wai`anae Coast
Community Alternative Development Corporation
I wish to take this opportunity to speak in favor of S. 2436 to
reauthorize the Native American Programs Act of 1974.
Our organization, the Wai'anae Coast Community Alternative
Development Corporation, is a small community organization formed in
1987 out of a desperate need to find alternative models of unfolding
into our futures--remaining true to our native traditions yet being
unafraid of walking in the world of modernity.
Over the years, we have been successful innumerous projects. Our
projects' basic theme is that native Hawaiian cultural principles
remain the core of our modern interaction with society, whether in the
area of economic or social development, health care, or spiritual
maturity. Using our backyard aquaculture/agriculture system, we have
been able to influence people throughout our Wai'anae community and
have taken our programs out to communities throughout the State of
Hawai'i, into the prisons, to various school complexes, and public
housing programs. We have even had a positive impact in American Samoa
and Guam.
We have had the support of a number of funding organizations and
individuals over these years. But one particular support stands out
specially. It is the support of the Administration for Native
Americans. ANA has been such a crucial and timely funder for our
earlier programs, without which, our organization would probably have
folded in its infancy. Because of its early support, we were able to
show that our innovative, untested, native driven program is viable in
our complex ``modern'' world. We were able to show that native
traditional principles are still valid, and just as much necessary
anchors for our native people today, as they were before Hawai'i's
falling under U.S. governance in 1898.
Today, ANA has assisted us in ``A Chance to Work,'' another unique
program using traditional values as we partner with the Hale Na`au
Pono, our community's mental health center in providing training for
our seriously mentally ill residents become employable or attain self
sufficiency. This program is still new in terms of mental health
treatment, but it is already catching the eye of many in the mental
health treatment as well as vocational rehabilitation fields.
Hopefully, it will become another model from the Wai`anae Coast
Community Alternative Development Corporation to be adopted by others
beyond our shores and into other native communities.
I write this testimony on behalf of my organization. But I am just
as aware of the many other organizations which have been helped by ANA.
Some projects have been very successful. Others have failed. But the
important point is not the success or failure of projects. The
important point is that ANA has given native people a chance to follow
our own dreams as we unfold into our futures--the true path of self-
determination.
Mahalo a nui loa.
______
Prepared Statement of Leonard J. Smith, Enrolled Member, Assiniboine-
Sioux Tribes
Mister Chairman and members of the committee, I appreciate the
opportunity to testify on behalf of the reauthorization of the Native
American Programs Act of 1974. Referred to in my testimony as NAPA.
My name is Leonard J. Smith and I am an enrolled member of the
Assiniboine-Sioux Tribes on the Fort Peck Indian Reservation in
northeastern Montana. I am also chief executive officer of A&S Tribal
Industries, a tribal owned, four-acre industrial complex of 180,000
square feet that provides metal fabrication and machining manufacturing
services to the Federal Government and to private industry. A&S Tribal
Industries, once the largest private sector employer in northeastern
Montana, with 550 employees and approximately $40 million in revenue is
currently diversifying into new market opportunities with the
assistance of NAPA.
NAPA is the only program in the Federal Government that:
\\\\\\Provides seed funding for a large and diverse
constituency-over 550-federally Recognized Tribes, Alaska
Natives and Natives of the Pacific Islands
\\\\\\Helps leverage local funds and non-Federal Rinds to
finance business projects at the community level.
The results are increased self-sufficiency, job creation and job
retention on American Indian reservations. Programs such as NAPA have a
strong impact on the ability of tribal and Native owned companies to
develop laws and regulations that comply with Federal agency standards
as well as with business practices required by private industry.
My testimony focuses on project funding and technical assistance
provided by the Administration for Native Americans [ANA]. The
investments we have received from ANA have helped A&S Tribal Industries
increase private sector contracts for commercial product lines. As
chief executive officer of a tribal owned enterprise, I understand and
incorporate the distinct competitive advantages that tribes have for
creating jobs on reservations and in Native American communities. But
we need the Federal partners, like NAPA, to help with the successful
transition of tribal-owned companies into the global economy.
In our case, technology plays an important role in self-
sufficiency, profitability and job retention in our American Indian
communities. A&S Tribal Industries uses NAPA programs as tools to meet
the technical requirements of prime defense contractors and increase
joint ventures on commercial and Federal contracts. This directly
creates and retains manufacturing jobs on the Fort Peck Indian
Reservation.
ANA funding helped us develop a manufacturing training curriculum
at Fort Peck Community College that met the supplier standards of a
prime defense contractor. The result is that locally based American
Indians are being trained in manufacturing technical skills that are
higher paying jobs. This helps A&S Tribal Industries recruit new
customers, increase revenues and create higher paying jobs for Native
Americans that live in very small isolated communities.
The reauthorization of NAPA will help other tribally owned
manufacturing businesses climb the management and technical capacity
``ladders'' that are minimum standards required by private industry.
NAPA programs provide resources that help locally based Native American
leaders build new partnerships which increase jobs. And in turn,
provides paychecks that support local small businesses like grocery
stores, clothing stores, service companies, transportation companies,
telephone and utility companies and all of the services required on the
Fort Peck Indian Reservation in northeastern Montana. I urge passage of
S. 2436, the Reauthorization of the Native American Programs Act of
1974.
Thank you.
Quanah Crossland Stamps, Administration for Native Americans,
Administration for Children and Families, Department of Health and
Human Services
Mr. Chairman and members of the committee, I am honored to appear
before you to discuss the reauthorization of the Native American
Programs Act [NAPA]. As the Commissioner for the Administration for
Native Americans [ANA] located within the Administration for Children
and Families at the Department of Health and Human Services, I have
responsibility for administering the Native American Programs Act.
The purpose of NAPA is to promote the goal of economic and social
self-sufficiency for American Indians, Native Hawaiians, Alaska
Natives, and other Native American Pacific Islanders, including
American Samoans and the Native people of Guam and the Northern Mariana
Islands. Each of these culturally diverse populations has their own
traditions, languages, and community social and economic challenges.
The fiscal year 2004 budget of $45 million supports three grant
programs. The Social and Economic Development Strategies [SEDS] program
uses competitive financial assistance grants in support of locally
determined and designed projects to address community needs and goals
and supports Native communities in their efforts to reduce dependency
on public funds and social services by increasing community and
individual productivity through community development. The
Environmental Regulatory Enhancement program assists tribes in the
planning, development and implementation of projects that were designed
to improve their capacity to regulate environmental activities. The
Language Preservation and Maintenance program is designed to ensure the
preservation and enhancement of Native American languages. The
Administration is pleased to support the reauthorization of each of
these vital programs.
ANA's funding is targeted to projects that are community-based,
community-determined, and community-implemented. For example:
In Hawaii, an organic farm teaches and practices traditional
growing methods to at-risk youth.
In Colorado, the Native American Sports Council is combining
traditional Native American values with athletic excellence and
wellness. This program has touched over 1,500 Native American athletes
and coaches.
In Montana, the Fort Peck Reservation has developed a manufacturing
business that has created over 200 jobs.
In Oklahoma, the Cherokee Nation has developed school-based
language immersion programs and after school programs.
In Arizona, the Inter-Tribal Council of Arizona [ITCA], which
represents 20 tribes, developed a plan for the renovation of a historic
building. This building now houses the ITCA offices and provides health
and human services assistance to community members.
In Washington State, the Affiliated Tribes of the Pacific Northwest
have developed travel and tourism brochures, videotapes and marketing
materials that have increased their tourism revenue.
In North Dakota, the Standing Rock Sioux Tribe is building business
and financial plans that will enable them to purchase and operate their
own local telephone company.
In Alaska, Port Graham is laying the foundation for development of
a value-added fish processing operation. This will allow Port Graham to
diversify their fish processing operations and identify value-added
products supported by the marketplace.
In addition to authorizing these key Native American programs, NAPA
authorizes the Departmental Council on Native American Affairs
[Council]. I serve as the Council chair. In 2002, Secretary Thompson
elevated the Council to the Office of the Secretary. This Council is
comprised of the principals from all the HHS Operating and Staff
Divisions and meets four times a year. Last year, the Council completed
an HHS Tribal accessibility study that identified programs from which
tribes are eligible to receive funding. This year, the Council is
identifying the barriers that tribes face when trying to access these
programs.
About 18 months ago, when I became commissioner, I conducted a
thorough review of ANA, and based on that review, developed an
organizational action plan to make an already great program more
streamlined, more cost effective and more accessible to our Native
communities. As a result, ANA has restructured how it delivers its
program services and automated its panel review process to allow for
data collection and project monitoring. I would like to describe some
of ANA's major accomplishments.
First, we have updated the ANA program announcement to clarify,
streamline and standardize the application submission process. In
addition, the new program announcements now require ANA applicants to
identify performance indictors to be used to evaluate the success of a
funded project. ANA has never consistently collected quantitative data
to track the success of grantees. This lack of data hinders ANA's
ability to inform the Congress on the effectiveness of ANA programs and
their community impact. The new performance indicators will allow ANA
to document consistently the number of people trained; the number of
jobs created and retained; the number of children, youth and families
served; the amount of non-government investment in each project; the
transference of language and fluency; the number of businesses retained
or expanded; the dollars invested in community infrastructure; and the
number and type of new tribal codes and ordinances developed and
implemented.
Second, we consolidated program competitions and expanded non-
profit organizations' ability to apply for grants. Previously, under
each ANA program area, ANA awarded only one grant that impacted a
reservation, tribe or Native American community. Beginning in fiscal
year 2004, in addition to a tribe, multiple non-profit organizations
may compete for funding. The reason for this program modification is to
expand and support large rural and urban communities that need a
variety of services. In addition to tribes being able to have three
simultaneous ANA grants [SEDS, Language and Environmental] at any one
time, this clarification allows other community-based organizations to
apply for and receive ANA funding, provided the objectives and
activities do not duplicate currently funded projects.
In addition, during fiscal year 2004, ANA released three separate
program announcements, one each for SEDS, including Alaska SEDS,
Language Preservation and Maintenance, and Environmental Regulatory
Enhancement. Each announcement had one closing date. Previously, ANA
had two to three competitions per fiscal year for SEDS, one for
Language, and one for Environmental Regulatory Enhancement. Closing
dates were staggered over a 4-week period to allow tribes and Native
organizations the opportunity to apply to all program areas. The new
application closing process will allow ANA to release all funding to
communities earlier in the fiscal year. It also will provide additional
time for applicants to receive technical assistance training in project
development and application preparation and allow grantees the
opportunity to implement projects in a timely manner, recruit personnel
necessary to support the grantee's objectives, and decrease the number
of requests for grant extensions. The results of this consolidation
have allowed ANA to decrease the administrative costs associated with
multiple closings, and use the cost savings to award additional grants.
In compliance with the Paperwork Reduction Act of 1995 and in
accordance with the Federal Government-wide E-Grants initiative, ANA
has automated its application receipt and panel review process. The new
automation and document management system has provided significant
program and cost efficiencies. It has allowed ANA to collect program
data such as the type of project to be funded; track grantee progress
and project expenditures; identify non-Federal project investments;
provide effective and timely comments to unsuccessful applicants; track
the effectiveness of technical assistance providers; and ensure that
ANA does not duplicate grant projects that may have been funded in
prior years.
While ANA is required by statute to provide training and technical
assistance [T/TA] to all potential applicants, we had not previously
conducted a full evaluation of the effectiveness of ANA T/TA providers.
Therefore, in fiscal year 2003, ANA implemented a T/TA tracking system
to monitor which applicants received services and the effectiveness of
these services. This change has been positive and successful across the
board. Other HHS agencies are now contracting with ANA T/TA providers
to serve Native communities participating in their programs.
Beginning in August 2004, ANA T/TA providers will start to teach
project development. Training participants will be taught how to lay
out the components of a project and an implementation plan, and how to
develop quantitative and qualitative performance indicators.
Finally, the NAPA requires that ANA evaluate its grant portfolio
not less frequently than every 3 years. We have chosen to fulfill this
requirement by dividing our portfolio into thirds and evaluating one-
third annually. ANA now is refining an evaluation tool that will assist
us assessing the long-term community impact of ANA funded projects. The
evaluation tool also will assess how well the ANA program and its
services meet the needs of its community. I look forward to reporting
the results of these evaluations to this committee in the near future.
Mr. Chairman and members of the committee, the ANA programs provide
funding for unique community projects that make a difference in the
lives of our Native children, youth and families. ANA also funds the
widest range of Native organizations and communities. It is ANA's goal
to fimd as many quality projects as possible and to work with our
grantees and communities to ensure the success of each project.
I look forward to working with this committee on the
reauthorization of the Native American Programs Act and to continue to
improve our ability provide the seed capital and technical assistance
tools communities need to achieve their goals of social and economic
self-sufficiency.
I am happy to answer any questions you may have for me at this
time.