    [Senate Hearing 111-47]
    [From the U.S. Government Publishing Office]

                                                             S. Hrg. 111-47

          DISCUSSING TRIBAL PRIORITIES IN THE FISCAL YEAR 2010 BUDGET

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

                                    HEARING

                                   before the

                          COMMITTEE ON INDIAN AFFAIRS
                              UNITED STATES SENATE

                         ONE HUNDRED ELEVENTH CONGRESS

                                 FIRST SESSION

                                   __________

                                 MARCH 12, 2009

                                   __________

             Printed for the use of the Committee on Indian Affairs

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                          COMMITTEE ON INDIAN AFFAIRS

                    BYRON L. DORGAN, North Dakota, Chairman
                     JOHN BARRASSO, Wyoming, Vice Chairman
    DANIEL K. INOUYE, Hawaii             JOHN McCAIN, Arizona
    KENT CONRAD, North Dakota            LISA MURKOWSKI, Alaska
    DANIEL K. AKAKA, Hawaii              TOM COBURN, M.D., Oklahoma
    TIM JOHNSON, South Dakota            MIKE CRAPO, Idaho
    MARIA CANTWELL, Washington           MIKE JOHANNS, Nebraska
    JON TESTER, Montana
    TOM UDALL, New Mexico
    _____, _____
          Allison C. Binney, Majority Staff Director and Chief Counsel
         David A. Mullon Jr., Minority Staff Director and Chief Counsel

                                C O N T E N T S

                                  ----------
                                                                       Page
    Hearing held on March 12, 2009...................................     1
    Statement of Senator Barrasso....................................     5
    Statement of Senator Dorgan......................................     1
    Statement of Senator Tester......................................    68

                                   Witnesses

    Burger, Jessica, Executive Committee Member, National Indian
      Health Board; Health Director, Little River Band of Ottawa
      Indians........................................................    17
        Prepared statement with attachment...........................    19
    Cook, Robert B., President, National Indian Education Association    37
        Prepared statement...........................................    39
    Johnson-Pata, Jackie, Executive Director, National Congress of
      American Indians (NCAI)........................................     7
        Prepared statement...........................................    10
    Parish, Cheryl, Executive Director, Bay Mills Housing Authority;
      Vice-Chairperson, National American Indian Housing Council.....    50
        Prepared statement with attachments..........................    53

                                    Appendix

    Navajo Nation, prepared statement................................    85
    United Tribes Technical College, prepared statement..............    90

          DISCUSSING TRIBAL PRIORITIES IN THE FISCAL YEAR 2010 BUDGET

                                  ----------

                            THURSDAY, MARCH 12, 2009

                                           U.S. Senate,
                                   Committee on Indian Affairs,
                                                        Washington, DC.
        The Committee met, pursuant to notice, at 9:30 a.m. in room
    628, Dirksen Senate Office Building, Hon. Byron L. Dorgan,
    Chairman of the Committee, presiding.

              OPENING STATEMENT OF HON. BYRON L. DORGAN,
                     U.S. SENATOR FROM NORTH DAKOTA

        The Chairman. I am going to call the hearing to order this
    morning. This is a hearing of the Senate Indian Affairs
    Committee, and I thank all of you for being here.
        Today, the Committee is going to examine the tribal
    priorities in the President's 2010 budget. The purpose of this
    hearing is to receive information about program priorities as
    we develop our views and estimates letter to the Senate Budget
    Committee.
        The Senate Budget Committee will, in turn, consider our
    recommendations as they prepare their recommendations to the
    full Senate for the 2010 budget resolution.
        Now, it is true that we are still awaiting more details
    with respect to tribal programs in the President's budget, but
    I was encouraged to see that his budget has some proposed
    general increases for programs to address Indian health care,
    Indian education, and public safety issues.
        In addition, for the first time in eight budget cycles, the
    Administration has recommended funding in their budget for the
    United Tribes Technical College, which is one of the premier
    tribal colleges in our Country. It is a college that serves
    many states and many tribes. It is true that it is in North
    Dakota, so I of course have special interest here, but it is
    also true that it is one of the premier colleges of its type in
    the Country.
        I am also pleased to see the Administration recognizes the
    success of so many of the tribal college institutions. Overall,
    the funding for tribal programs represents, I think, an attempt
    by the United States to meet treaty and trust obligations that
    are owed to tribal governments.
        North Dakota tribes refer to the 1896 Treaty of Fort
    Laramie as the governing document for their relationship with
    the United States. In that treaty, the United States made
    specific promises to provide for public safety, education and
    health care, and the general welfare of reservation
    communities. That was a promise, a treaty signed by the
    government of this Country.
        Unfortunately, this Country has not met its obligations. In
    the past eight budget cycles, we have seen proposed cuts to
    tribal programs which this Committee has strongly opposed.
    Because of past budget cuts, the Committee has been forced to
    work hard just for the status quo in funding tribal programs. I
    have some charts that I will show.
        The first chart shows funding over the past decade for
    Indian health care construction, dental and mental health, and
    Contract Health Services. And you will see that it is pretty
    much flat lined, with the exception of an increase in Contract
    Health in the last fiscal year.
        These are slight increases, but not adjusted for inflation
    or increased population. In fact, the IHS budget has never
    accounted for the high levels of medical inflation. The end
    result is that tribes continue to see multi-billion dollar
    unmet needs for health care construction and services.
        For a number of years, our Committee has heard from tribal
    leaders who run out of contract health care funding in January,
    perhaps April, some June. Some tribal leaders have said to us
    that on their reservation, it is said do not get sick after
    June because there is no contract health care funding
    available.
        The same situation is true with respect to Indian
    education. We have a chart that shows what is happening for
    funding for Indian school construction, and flat figures for
    Indian school services. As you can see from that chart, the
    funding levels for Indian children have not met the promises
    that our country has made.
        A 2007 Inspector General's flash report found many
    deficiencies at Indian schools, from leaking roofs to buckling
    walls to outdated electrical systems. These schools, frankly,
    pose danger to both students and to teachers. And Indian
    students simply cannot learn, in my judgment, in an environment
    where they have to fear for their safety and have concern for
    their well being.
        I have visited many Indian schools. We know that some of
    the greatest disrepair in American schools are those schools
    that are attended by young Indian children.
        Finally, chart three that we will put up, shows the
    fluctuations in funding for Indian jails and tribal police
    officers. These are the law and order or law enforcement
    issues. And you will see for tribal police officers, tribal
    detention, jail and prison construction, a precipitous drop in
    the amount of funding that has existed.
        Indian jails have long been proclaimed a national disgrace.
    I have seen first-hand the circumstances in some of these
    detention facilities. I have seen young teenage children lying
    on a cement floor in an adult detention center, breaking all
    the rules one would expect to exist. This Country has made
    promises, again, that it has not kept.
        On the Standing Rock Indian Reservation, which is just one,
    but one in which we have had some testimony, an Indian
    reservation that is very, very large, expansive land, in which
    there are 2.3 million acres. There are nine police officers to
    patrol 2.3 million acres. And we have had police officers admit
    that they are forced to triage even rape cases.
        So the situation is difficult. It is dangerous. On the
    reservation I just described, the rate of violent crime was
    five times the rate of the national average, and yet they are
    so short of the funds that are necessary to provide for that
    law enforcement.
        In the just-passed American Recovery and Reinvestment Act
    of 2009, Economic Recovery Act, at least some of these
    deficiencies were addressed. Congress provided about $925
    million in construction funding for these three areas I have
    just described.
        Overall, the Recovery Act provided $2.5 billion for Indian
    Country jobs and construction. We know this is a good start,
    but we also have a long ways to go to meet all of the
    unaddressed needs. I am working with Vice Chairman Barrasso to
    develop a proposal that we will soon send to the Budget
    Committee that offers some recommendations on funding. So, we
    wanted to have a hearing and receive your analysis of the
    President's budget proposal in order that we might include that
    in our evaluation of what we think needs to be done to keep the
    promises that our Country has made, both in treaty and also
    trust obligations to American Indians.
        [The charts referred to follow:]

        Senator Barrasso, welcome. We would like to hear from you.

                   STATEMENT OF HON. JOHN BARRASSO,
                       U.S. SENATOR FROM WYOMING

        Senator Barrasso. Thank you very much, Mr. Chairman. I want
    to thank you for holding this budget hearing today.
        I would like to also welcome our witnesses, and thank them
    for being here to share their time and information with us this
    morning.
        We are now considering the fiscal year 2010 budget, and we
    will be hearing the tribal perspective on what the budget
    should include. In the past month, as you just mentioned, Mr.
    Chairman, we passed unprecedented spending bills, one intended
    to spur the economy, another to provide funding for Federal
    programs throughout the balance of Fiscal Year 2009.
        With the ink barely dry on these two bills, we are now
    turning our attention to spending for Fiscal Year 2010. Several
    Committee hearings have demonstrated the tremendous levels of
    unmet need in many Indian programs, especially health, law
    enforcement, and we have been documenting those in several of
    our studies and reports.
        The 2006 Bureau of Indian Affairs gap analysis study to
    project additional staff needed for Indian Country law
    enforcement and detention personnel indicated a total of 4,490
    sworn officers are still needed in Indian Country to provide
    the minimum level of coverage enjoyed by most communities
    across this country.
        To address this shortage, the gap analysis estimated that
    it would take over three years and cost an additional $681
    million to hire, to train, and to equip the needed personnel.
    That shortage is evident on the Wind River Reservation, where
    as I have mentioned in prior hearings, there are currently only
    two patrol officers for the entire 2.2 million-acre reservation
    per shift during a 24-hour/7 days-a-week period.
        The Eastern Shoshone and the Northern Arapaho Tribes also
    have a great need for health care facilities, for irrigation
    improvements, other public safety improvements, and plus
    another key, economic development. Their needs in these regards
    are shared by other Indian communities across the Country, so I
    look forward to working with you, Mr. Chairman, to do our part
    to address these needs.
        I am sure you will agree that despite the level and urgency
    of need, we must never lose sight of the fact that this is
    taxpayer money that we are spending. Now that Congress has
    committed the Federal Government to spending so much of
    American taxpayers' hard-earned money, and is now considering a
    budget for next fiscal year, I think it is more important than
    ever that the resources be used with great prudence,
    efficiency, as well as accountability.
        Thank you, Mr. Chairman.
        The Chairman. Senator Barrasso, thank you very much.
        Let me mention to you that we are going to do a hearing
    April 2, to those who are here, for the purpose of hearing
    views on the Carcieri Supreme Court decision, which has an
    impact, or potentially has a very significant impact on every
    tribal government in America. And so on April 2, I just want
    folks to know that hearing will be held, and we will be doing a
    fair amount of work between now and that time with
    organizations to understand the potential consequences of it
    and what might need to be done as a result of it.
        I also wanted to indicate that I will have to leave before
    this hearing is complete. Senator Tester is going to be here to
    chair as well. We have an Energy Committee hearing on a
    transmission issue that I have been working on that I have to
    attend.
        But this hearing is very important for the purpose of
    getting on the record Indian organizations' assessment of the
    President's, the President's budget submission to the Congress.
    And we have traditionally done this. This hearing is a part of
    that tradition that helps us as Senator Barrasso and I put
    together a letter of recommendation from our Committee to the
    Budget Committee, as I indicated.
        We have as witnesses today Jackie Johnson-Pata. Ms.
    Johnson, have you changed your name?
        Ms. Johnson-Pata. Yes, I got married last summer.
        The Chairman. Congratulations to you.
        So Jackie Johnson has another name today, Jackie Johnson-
    Pata. We welcome her, Executive Director of the National
    Congress of American Indians; Ms. Jessica Burger, the Health
    Director of the Bemidji Area National Indian Health Board in
    Michigan; and Mr. Robert Cook, the President of the National
    Indian Education Association here in Washington, D.C.; and Ms.
    Cheryl Parish, who is the Vice Chair of the National American
    Indian Housing Council.
        All of you work in the real key areas that have great need
    for funding and attention by the Congress. I know that you do a
    lot of work all year long to try to bring these issues to the
    attention of the Congress. I appreciate that work.
        So we will hear from the four of you. Again, at some point
    during this hearing when I have to excuse myself to go to the
    Energy Committee, please excuse me for my absence, but Senator
    Barrasso will be here, as well as Senator Tester.
        Ms. Johnson-Pata, welcome. You may proceed.

              STATEMENT OF JACKIE JOHNSON-PATA, EXECUTIVE
         DIRECTOR, NATIONAL CONGRESS OF AMERICAN INDIANS (NCAI)

        Ms. Johnson-Pata. Thank you very much.
        Thank you, Chairman and Vice Chairman, for inviting NCAI to
    participate in this hearing today.
        Before I get started, I want to just let you know that we
    have shared with members of Congress, all members of Congress,
    NCAI's budget priority document that was put together with the
    help of all these fine organizations I am sitting here at the
    table with today, and other organizations like Intertribal
    Agriculture, et cetera.
        I think this is a true reflection of what Indian Country's
    requests are, and I hope that you take the time to take a look
    at it. It also has the gentle reminder that you so, that you
    talked about, Mr. Chairman, about the treaties and the
    responsibilities and the obligations that you speak so
    honorably about, and that is the foundation of this book here.
        We look forward to sharing and working with your staff on
    the 2010 budget priorities. As you reflected, President Obama
    has released his blueprint and framework for a budget, but we
    don't have the details there yet. We, like you, were also
    pleased to see the increases that were in education and public
    safety, and health care. And we are looking forward to how
    those budgets get built out.
        We also know that this is a trying time for Congress and
    the Administration, given the current economic situation and
    the deficit. We know that you want to make sure that your
    investment in any of America's programs or services are a good
    investment for America.
        So we stand with you to work to work to ensure that Indian
    Country is a good investment, and I think all of our sister
    organizations sitting here have the same commitment to making
    sure that happens.
        In fact, in the economic recovery plans, NCAI quickly
    responded to put forward a technical assistance component to be
    able to help tribes, one, access the dollars, as well as report
    back to ensure that we are also keeping track of the value of
    those dollars to Indian Country. And we look forward to doing
    the same kind of thing with the 2010 budget as this Country
    deals with its economic challenges.
        I would like to remind you that, as I looked at your charts
    this morning and reflected on your charts, that we see,
    basically what we are seeing is a decrease or a flat line. In
    fact, if you look at Indian Country's overall budgets since
    1998, you will see that Indian Country has received a
    substantial decrease that we have never recovered from.
        In fact, all the budgets since about 1998, if you took off
    the cost of living or inflation factors, would be basically
    flat line for Indian Country. And so we are not keeping up with
    the cost of real business in Indian Country.
        And certainly, that hurts us in the way that Indian Country
    since about that same time has taken on the challenge of self-
    determination and self-governance. And so we are looking
    forward to a time to working with you and with the
    Administration, that we can actually get programs that support
    self-determination and self-governance, and deal with the real
    costs of those factors such as contract support costs and other
    relevant factors.
        We also know that you know, and I don't need to remind
    those here, sitting here in the room, that Indian Country lags
    far behind the Country in infrastructure, health care, public
    safety, the list goes on and on.
        So that all of these dollars are real investments into
    where tribes want to go. Tribes have taken on the resurgence of
    self-determination in the last couple of decades. They have
    done measurable improvements in their ability to perform and to
    be the primary responsible party for the delivery of services
    within their communities. They are rebuilding our nations
    around honoring their ancestors and cultures, and I am sure you
    will hear that from several of the panelists today about the
    value of that.
        And as you know, in the Harvard report, that before the
    economic recession, Indian Country was actually, was growing at
    a faster economic rate than the rest of the Country as a whole.
    And so we have made great strides in our ability to take these
    resources and maximize and leverage those opportunities, and we
    want to continue to do that.
        If we look at the President's budget priorities and the
    President overall, he says education, health care,
    infrastructure and clean energy are his priorities. Well,
    certainly Indian Country can align with those priorities
    because they are all issues of concern that we care about.
        And if we look at Indian Country's priorities as the tribal
    leaders from the TBAC, the Tribal Budget Advisory Committee,
    has stated in the last several years, their budget priorities
    are public safety, health care, education, and natural
    resources. Once again, those clearly align with the President's
    budget priorities, but are budget priorities that the tribal
    leaders themselves have decided. But if we had to focus in a
    couple areas, we want to focus in those areas that we think
    will have meaningful difference and will actually help a
    holistic improvement for our communities.
        So we look forward to working with you, the Committee, to
    ensure that Indian Country is a good Federal investment, to
    working with you to work with OMB to make sure that our
    measures for success, while we are measuring success, are
    relevant for Indian Country so we can prove that we are a good
    Federal investment, and working with you on refining what the
    2010 fiscal year budget looks like.
        Thank you very much.
        [The prepared statement of Ms. Johnson-Pata follows:]

    Prepared Statement of Jackie Johnson-Pata, Executive Director, National
                      Congress of American Indians (NCAI)

        The Chairman. Thank you very much.
        Ms. Burger, thank you for your work in the area of health
    care, and we welcome you here. You may proceed.

       STATEMENT OF JESSICA BURGER, EXECUTIVE COMMITTEE MEMBER,
                 NATIONAL INDIAN HEALTH BOARD; HEALTH
             DIRECTOR, LITTLE RIVER BAND OF OTTAWA INDIANS

        Ms. Burger. Thank you, Mr. Chairman.
        Mr. Chairman, Mr. Vice Chairman and members of the
    Committee, I am Jessica Burger. I am an executive committee
    member of the National Indian Health Board, and I am also the
    Health Director for my nation, the Little River Band of Ottawa
    Indians located in Manistee, Michigan.
        I am pleased to be here today to give you the National
    Indian Health Board's views on the priorities of the Fiscal
    Year 2010 budget for the Indian Health Service. We were
    pleased, as you were, to learn that the Obama Administration is
    proposing an increase to the budget of $4 billion. We don't
    have any details, but we are hopeful that the Administration's
    budget will reflect the recommendations made by the Tribal
    Leaders Committee in March of 2008, and National Indian Health
    Board supports the recommendations made by that committee.
        Overall, the work group recommended increases totaling $908
    million above the expected 2009 fiscal year funding levels.
    They focused on two types of need. First, our current service
    increases, and those are the increments needed to support the
    Indian Health Service system at its current level of service.
    They include pay costs, medical inflation, contract support
    costs, funding for population growth, facilities construction
    and staffing in urban program funding, which as you know was
    eliminated in three previous budgets.
        Facilities construction and urban program funding are very
    important to Indian Country. And we also advocate for the
    restoration of the rescissions of Fiscal Year 2005 and 2006
    budgeted amounts. The work group recommended a $449.3 million
    increase overall for all of those items.
        Secondly, we talked about program service increases. Those
    are increases that provide the programs the ability to improve
    and expand services provided to Indian patients. The IHS has
    long been plagued by inadequate funding in all areas, and what
    that has done is made it impossible to supply our Indian people
    with the level of service that they need and that they deserve.
    The work group recommended a $458.7 million increase to the
    program in facilities accounts, and we support that
    recommendation.
        Relative to the budget, I would like to call your attention
    to two issues regarding budget management. First, it has been
    the OMB's practice for the past several years to apply the non-
    medical inflation factor to the Indian Health Service budget.
    This woefully underestimates the amount needed to keep up with
    inflation. The medical inflation factor should be applied to
    the Indian Health Service budget, and it would more correctly
    reflect the amount it needs to supply necessary care to Indian
    people.
        Second, the Indian Health Service budget must be shielded
    from Administration rescissions and congressional across the
    board cuts. Our system provides direct care to patients. It is
    unfair to make the Indian Health Service programs vulnerable to
    budget cuts employed for the sole purpose of achieving
    arbitrary budget ceilings.
        Our system is funded at a 60 percent level of need at best.
    Unplanned cuts to programs puts funding patient care issues at
    severe risk. We would ask for language to protect the Indian
    Health Service budget from all rescissions and across the board
    cuts imposed by Administration and Congress.
        And lastly, I would like to highlight some recommendations
    for increases in four programs and explain why those
    recommendations are needed.
        First, Contract Health Services. The Committee is well
    aware of the Contract Health Services program and the critical
    role it plays in addressing the health care of Indian Country.
    CHS exists because the Indian Health Service system is not
    capable of supplying all the care needed by our population. It
    should be a way to purchase needed care, and especially
    specialty care that is not cost-effective to deliver at every
    location.
        In reality, the gross under-funding of CHS means that we
    cannot purchase the quality and types of care that we need.
    Many of our Indian patients are left untreated in painful
    conditions that plague the system, and over time those persons
    suffer from injuries of life and limb that are very costly to
    treat at the end result.
        Secondly, hospitals and clinics are the core of our
    system's medical programs. In addition, the Indian Health Care
    Improvement Fund provides separate funding that reduces
    disparities that exist unit to unit within the Indian Health
    Service system. Without an appropriate level of support in the
    hospitals and clinics accounts, the United States' trust
    responsibility for Indian health cannot be met and health
    directors like me are unable to fulfill our health care
    mission. We urge you to accept the recommendations of the
    committee to increase the hospital and clinics account by
    $107.4 million and to supply an additional $61.2 million to the
    Indian Health Care Improvement Fund.
        I would also like to talk about health care sanitation and
    facilities. We would like to call attention to the work group
    recommendations for all of the facility-related accounts,
    health care facilities construction, maintenance and
    improvement, sanitation facilities, and environmental health
    support.
        The Committee is well aware that many of our health care
    facilities are poor and in very inadequate condition to provide
    the necessary service to our people. We are very grateful for
    the generous funding for health care and sanitation facilities,
    construction and maintenance that was provided in the American
    Recovery and Reinvestment Act, but this is only a one-time
    boost.
        We need the Administration and Congress to commit to
    provide more appropriate levels of support for these facility
    accounts and to do so on a continuing, recurring basis.
        Mr. Chairman, I appreciate the opportunity to address the
    Committee today regarding these important matters, and I look
    forward to answering your questions.
        [The prepared statement of Ms. Burger follows:]

       Prepared Statement of Jessica Burger, Executive Committee Member,
      National Indian Health Board; Health Director, Little River Band of
                                 Ottawa Indians

        The Chairman. Thank you very much for your testimony. I
    appreciate your work on health care issues.
        Next, we will hear from Mr. Robert Cook, the President of
    the National Indian Education Association. Likewise, thanks for
    all of your work dealing with Indian education issues. You may
    proceed.

        STATEMENT OF ROBERT B. COOK, PRESIDENT, NATIONAL INDIAN
                         EDUCATION ASSOCIATION

        Mr. Cook. [Greeting in native tongue.]
        Chairman Dorgan, Vice Chairman Barrasso, Senator Johnson
    and Senator Tester and other members of the Senate Committee on
    Indian Affairs, thank you for this opportunity to submit
    testimony. My name is Robert Cook. I am an enrolled member of
    the Oglala Sioux Tribe, and I serve as President of the
    National Indian Education Association.
        Under new leadership with new opportunities, NIEA believes
    that now is the time to reverse budget cuts to native education
    programs. To my side is a chart that illustrates the severe
    disparity in funding for native education. NIEA is hopeful that
    schools educating native students will receive stronger support
    and funding for native language, culture, and curriculum;
    increase funding for Head Start programs; funding for Indian
    school construction and repairs; and speaking as a tribal
    college graduate, increased funding for tribal college
    operations and construction, as stated in President Obama's
    blueprint for strengthening tribal communities.
        The Native American programs at Department of Education are
    consistently funded at minimum levels, never the maximum. In
    consideration of the tight budget, NIEA requests a moderate 5
    percent increase for a total of $198 million for NCLB Title VII
    funding. Included in this request is full funding for education
    for Native Hawaiians and for Alaska Native education equity.
        The purpose of Title VII of NCLB is to meet the educational
    and culturally related academic needs of American Indian,
    Alaska Native, and Native Hawaiian students. Funds for these
    programs are the primary sources of funding that specifically
    address the cultural, social, linguistic needs of Indian
    students.
        At the Department of Education, there is a tremendous
    backlog of construction needs for public schools on Indian
    lands that receive Impact Aid funding. The Impact Aid Program
    directly provides resources to public schools on trust lands.
    Many public schools on reservations are crumbling, unsafe and
    should be replaced. The Impact Aid program did receive $100
    million in the Recovery Act. However, the school construction
    needs on Indian lands are great, and these schools could use
    additional assistance, given that they no tax base and receive
    minimum funding from the state. An increase of $62 million
    allocated for school construction for a total of $1.3 billion
    over the Fiscal Year 2009 level would allow for some progress
    to be made.
        While funding was provided for BIE and for Impact Aid
    school construction, NIEA was disappointed that funding for
    public school construction was eliminated in the Recovery Act.
    We hope that appropriations for Fiscal Year 2010 will include
    funding for this pressing need.
        As someone who has taught in both the BIE and public
    schools, I have experienced first-hand the effects of BIE's
    budget being inadequate to meet the needs of Indian students.
    NIEA requests $661 million for BIE schools, which includes new
    program funding and a modest 5 percent increase over the amount
    for BIE schools in the Fiscal Year 2009 omnibus.
        This includes funding for elementary and secondary
    education programs, education management, and a $25 million
    allocation for student transportation, and a $5 million
    allocation to provide technical assistance to schools to
    develop their own standards and assessments.
        Schools currently have to use classroom dollars to
    transport their students to make up for the shortfall. During
    the current school year, BIE-funded school buses will travel
    nearly 15 million miles, often over gravel or dirt roads. As
    reported by the Little Wind School on the Pine Ridge
    Reservation, the school runs 13 bus routes each day, during
    which the buses travel an average of 1,600 miles per day during
    a school day, totaling 268,000 miles annually just for regular
    bus runs, and these don't include the activity runs.
        For BIE school construction and repair, as you can see by
    the chart, that BIE school construction has been cut in half
    over the past five years. NIEA requests a $135 million increase
    over the Fiscal Year 2009 level, for a total of $263 million.
        In May of 2007, the OIG at Interior issued a flash report
    that describes the conditions at BIE schools and required
    immediate action to protect the health and safety of students
    and faculty. In its conclusion, the IG states that: ``Failure
    to mitigate these conditions will likely cause injury or death
    to children and school employees.''
        The Recovery Act provides $450 million to be shared among
    the BIE school construction and repairs, detention facilities,
    and roads. However, this funding will provide little headway
    considering the lengthy list of schools waiting for new
    facilities or repairs.
        In South Dakota, there is a term that is used called the
    school to prison pipeline. Our schools are failing our children
    and we are seeing our children dropping out of school, getting
    into trouble, and being incarcerated. Investing in children
    would be an investment in the future.
        The NIEA requests at least $24 million for JOM programs at
    the BIA. JOM grants are the cornerstone for many Indian
    communities in meeting the unique and specialized education
    needs of native students. Many Indian children live in rural or
    remote areas with high rates of poverty and unemployment. JOM
    helps to level the field by providing Indian students with
    programs that help them stay in school and attain academic
    success.
        I have seen first-hand the benefits of JOM. My sons are
    excited about school because of programs that JOM enables them
    to participate in. For example, JOM helped purchase basketball
    shoes for the fourth grade boys basketball team that I coach.
    These shoes are the only shoes that these boys have. It is hard
    to be in school if you don't have shoes.
        At HHS, NIEA requests a $10 million increase to $57.5
    million, with an allocation of $13.5 million for the Esther
    Martinez Act for the administration of Native Americans to
    support native language immersion and restoration programs.
    President Obama expressed his support for native languages,
    both in his message to Indian Country and principles for
    stronger tribal communities.
        NIEA hopes that the 111th Congress will echo President
    Obama's support for native languages through funding for the
    Esther Martinez Act at a level that will make a significant
    impact for tribal communities.
        Once again, NIEA thanks the Committee for its tremendous
    efforts on behalf of native communities. With your permission,
    I would like to submit some documents for the record.
        The Chairman. Without objection.
        Mr. Cook. Thank you.
        [The prepared statement of Mr. Cook follows:]

       Prepared Statement of Robert B. Cook, President, National Indian
                             Education Association

        The Chairman. And Ms. Cheryl Parish. Ms. Parish, thank you
    for your work on housing issues. She is Vice Chairman of the
    National American Indian Housing Council.
        You may proceed.

            STATEMENT OF CHERYL PARISH, EXECUTIVE DIRECTOR,
            BAY MILLS HOUSING AUTHORITY; VICE-CHAIRPERSON,
                NATIONAL AMERICAN INDIAN HOUSING COUNCIL

        Ms. Parish. Thank you.
        Good morning, Chairman Dorgan, Senator Tester. I am honored
    to appear before you today and provide our views on the Fiscal
    Year 2010 funding priorities as they relate to Native American
    housing.
        My name is Cheryl Parish. I am the Executive Director of
    the Bay Mills Housing Authority. I am a member of the Bay Mills
    Tribe of Chippewa Indians in Michigan.
        Today, I am here as the Vice Chairwoman of the National
    American Indian Housing Council. The Housing Council is
    composed of 271 members representing 460 tribes, and it is the
    only national organization whose missions it is to represent
    the housing interests of American Indians, Alaska Natives, and
    Native Hawaiians.
        I would like to thank the Chairman for his leadership on
    tribal housing issues, which you have repeatedly recognized as
    a crisis in Indian Country.
        The year 2008 was a landmark year for Indian Country and
    Indian housing. The Native American Housing Assistance and
    Self-Determination Act was amended and reauthorized through
    2013. Thank you for your support in the reauthorization of
    NAHASDA last year.
        Just a few weeks ago, the American Recovery and
    Reinvestment Act of 2009 was signed into law. Native American
    housing programs were included in a very favorable way.
        Mr. Chairman, I would like to thank you and the entire
    Committee for your support. This means a great deal to us and
    will have a lasting impact on the communities which we serve.
    We are working closely with HUD to implement our programs as
    Congress and the President intended, to quickly create jobs for
    American workers.
        In my own community, we have immediate plans to use the
    recovery money to weatherize our homes in the upper peninsula
    of Michigan. Beefing up the program will improve energy
    efficiency and improve the health of our housing residents. We
    already have commitments from contractors and subcontractors to
    hire local tribal members from our reservation, which is
    currently experiencing an unemployment rate of around 30
    percent.
        We celebrate the hope brought to us by the small increases
    in the funding in the Fiscal Year 2009 omnibus appropriations
    bill, the additional economic stimulus money, and the newly
    reauthorized NAHASDA.
        However, we must not lose sight of the stark conditions
    that still exist in Indian reservations, Alaska Native
    communities, and on Native Hawaiian Home Lands. Housing
    conditions in native communities still lag far behind those of
    most of the Nation. A large percentage of existing homes are in
    great need of rehabilitation, repair and weatherization.
    Unemployment rates on Indian reservations are typically well
    over 50 percent, which is even before the current recessionary
    period.
        The conditions I just described impact our education, our
    health, and our spirituality, indeed the very integrity of our
    culture. Native people in America come from a proud tradition
    and we want that tradition to continue. This can be difficult
    when your see the deplorable housing conditions that exist
    within our communities.
        President John F. Kennedy noted almost 50 years ago that
    housing conditions on Indian reservations are a national shame.
    I must tell you the same housing conditions still exist today
    in far too many of our native communities. I am here to ask
    you, help us change those conditions.
        With this in mind, the NAIHC presents the following
    budgetary priorities that will help improve housing and living
    conditions in Indian Country. The Indian Housing Block Grants
    should be funded at $854 million. This is the single largest
    source of capital for housing development, housing-related
    infrastructure, home repair, and maintenance throughout Indian
    Country.
        I would like to bring to your attention the slow pace at
    which the Indian Housing Block Grant funding is provided. Often
    it takes several months after an appropriations bill is signed
    into law for HUD to make these funds available. In contrast,
    the American Recovery and Reinvestment Act of 2009 required HUD
    to obligate funds by formula within 30 days. If HUD can provide
    these funds within 30 days after passage of this legislation,
    the annual funding should be available in a similar fashion.
        Let me briefly address an issue where Indian Housing Block
    Grant funding has been set aside by HUD to satisfy litigation
    on tribal claims associated with formula current-assisted
    stock. In 2008, the HUD held back nearly $20 million for
    lawsuits that have yet to be resolved. This resulted in an
    across the board funding reduction to all of our recipients.
    These funds need to be returned to Indian Country and no
    further funding should be withheld by HUD.
        The funding for the NAIHC technical and training assistance
    program should be increased to $4.8 million. Tribal housing
    authorities rely on our training programs to effectively
    implement and improve their housing programs.
        The Indian Community Development Block Grant should be
    funded at $100 million. Since 2001, this program has built 160
    community buildings throughout the Indian Country. Funding has
    actually decreased 17 percent since Fiscal Year 2004. We need
    these vital funds restored to continue to build our viable
    communities.
        The Section 184 Program should continue to be funded at $9
    million. The Section 184 loan is to facilitate home ownership
    in Native American communities on their native lands and within
    approved Indian areas which have been historically under-served
    by conventional lenders.
        I am so pleased to note that since May of 2008, the
    Department of Hawaiian Home Lands is the newest member of the
    National American Indian Housing Council. The Native Hawaiian
    block grant funding should be increased to $20 million to
    address the unique and significant needs of low-income Native
    Hawaiians.
        The Bureau of Indian Affairs Housing Improvement Program
    funding should be increased to $50 million. We know that there
    is a significant congressional support for this much-needed
    program which serves the neediest of our communities, our
    elders, and our extremely low-income people.
        In conclusion, I would like to thank you for your
    invitation to share our Fiscal Year 2010 budgetary priorities
    for Native American housing needs. Your continued support of
    Native American communities is truly appreciated. The National
    American Indian Housing Council is eager to work with you and
    your professional staff to improve Indian housing programs and
    living conditions for America's indigenous people.
        I would be happy to answer any questions you have, and
    thank you.
        [The prepared statement of Ms. Parish follows:]

      Prepared Statement of Cheryl Parish, Executive Director, Bay Mills
     Housing Authority; Vice-Chairperson, National American Indian Housing
                                    Council

    Introduction
        On behalf of the National American Indian Housing Council (NAIHC),
    I am pleased to submit the following statement to Chairman Dorgan, Vice
    Chairman Barrasso, and distinguished members of the Senate Committee on
    Indian Affairs.
        I serve as the Executive Director of Bay Mills Housing Authority. I
    am a member of the Bay Mills Tribe of Chippewa Indians in Michigan. I
    am also the Vice-Chairperson of the National American Indian Housing
    Council (NAIHC).
        The National American Indian Housing Council was founded in 1974 to
    support and advocate for tribes and tribally designated housing
    entities (TDHEs). For nearly 35 years, the NAIHC has assisted tribes
    with their primary goal of providing housing and community development
    for American Indians, Alaska Natives and native Hawaiians. The NAIHC
    consists of 266 members representing 460 tribes. The NAIHC is the only
    national Indian organization whose sole mission is to represent Native
    American housing interests throughout the Nation.
        First of all, I would like to thank the Chairman, Vice Chairman and
    the Committee for holding this hearing on the tribal budget priorities
    as we move into the appropriations season. The lack of significant
    private investment, functioning housing markets and the dire economic
    conditions most Indian communities face mean federal investment in
    housing and community development in tribal communities is critical to
    thriving communities and economies.
        Next, I would like to thank the Chairman for his leadership on
    tribal housing issues, which time and time again, he has recognized as
    a crisis in Indian Country. The year 2008 was a landmark year for
    Indian Country and Indian Housing, in particular. The reauthorization
    of the Native American Housing Assistance and Self-Determination Act
    (NAHASDA) provides tribes and Native American communities with
    additional tools such as flexibility and greater self management of
    housing programs, which are necessary to develop culturally relevant,
    safe, decent and affordable housing for our people.
        But, as we celebrate the hope that NAHASDA presents us for
    improving the quality of life and living conditions for Native
    Americans, we must not lose sight of the stark conditions that still
    exist in Indian Reservations and Alaska Native communities, and on
    native Hawaiian Home Lands. Housing conditions in Native communities
    still lag far behind those of most of the nation. An estimated 200,000
    housing units are needed immediately just to meet current demand, and
    we estimate that there are approximately 90,000 native families that
    are either homeless or under-housed, living in overcrowded situations.
    A large percentage of existing homes are in great need of
    rehabilitation, repair and weatherization. Unemployment rates on Indian
    Reservations, even before the current recessionary period, were
    typically well over 50 percent.
        With these figures as a backdrop, the NAIHC presents the following
    budgetary priorities that will improve housing and living conditions in
    Indian Country.

    Indian Housing Block Grant (IHBG)
        Fund the IHBG at $854 million dollars. The IHBG is the single
    largest source of capital for housing development, housing-related
    infrastructure, and home repair and maintenance in Indian Country. This
    funding level will not meet all tribal housing needs, but it will, at
    least, keep pace with the increased cost of housing construction,
    energy costs, and other inflationary factors occurring since 1997.
        I would like to bring to your attention the slow pace at which IHBG
    funding is provided. As I am sure you are aware, it often takes several
    months, after an Appropriations bill is signed into law, for HUD to
    make these funds available to NAHASDA recipients. In contrast, the
    American Recovery and Reinvestment Act of 2009 required HUD to allocate
    funds, by formula, within 30 days of this bill being signed. HUD
    complied with this requirement within weeks of enactment. If HUD can
    provide IHBG funds within 30 days for the passage for this bill, then
    the same should be said for annual spending bills. Timely allocation of
    these funds enables tribes to better plan their construction and save
    critical time and costs, especially in northern climates where seasons
    are shorter.
        Let me briefly address IHBG funding which is being set aside to
    satisfy litigation on tribal claims against HUD associated with formula
    current assisted stock. Funds for litigation and potential settlements
    should be derived from additional appropriations or another source and
    should not be withheld from the Indian Housing Block Grant. In 2008,
    HUD held back nearly $20 million for lawsuits that have yet to be
    resolved. This resulted in an across the board rescission that reduced
    funding for all recipients. These funds need to be returned to Indian
    Country. No other IHBG funding should be held back by HUD in future
    fiscal years related to formula current assisted stock litigation.

    Training and Technical Assistance (T&TA)
        Increase NAIHC's T&TA funding to $4.8 million dollars. Tribal
    housing authorities rely on T&TA to effectively implement and improve
    their housing programs. For 35 years, the NAIHC has provided invaluable
    capacity-building services to tribes, their Indian housing authorities
    and TDHEs. These training and technical assistance services include on-
    site technical assistance, tuition-free training classes, and
    scholarship programs that help offset the cost of attending NAHASDA-
    specific training sessions, including NAIHC's Leadership Institute, a
    low cost professional certification course for Indian housing
    professionals. Decreased funding has required the NAIHC to reduce, and
    in some cases eliminate, much needed capacity building efforts on
    behalf of Indian housing authorities. By a unanimous vote at the 2008
    NAIHC Annual Membership meeting, a NAIHC resolution was passed to set
    aside IHBG funds for NAIHC's T&TA program.
        With funding restored last year, the NAIHC scholarship program to
    attend training courses was reinstated. NAIHC scheduled 35 training
    sessions in 2009 and will provide 400 limited training scholarships to
    IHBG recipients. We seek your continued support help to restore funding
    so that we might continue the important capacity building efforts on
    behalf of tribes and their housing programs.

    Indian Community Development Block Grant (ICDBG)
        Fund the ICDBG at $100 million dollars. These funds are essential
    to tribes for housing and economic and community development efforts.
    Since 2001, ICDBG has built 160 community buildings in Indian Country
    but ICDBG funding has actually decreased 17 percent since Fiscal Year
    2004. We need these vital funds restored to continue to build viable
    communities.

    Section 184 Indian Home Loan Guarantee
        Continue to fund the Section 184 Program at $9 million dollars. The
    Section 184 loan is a mortgage product, specifically geared towards
    Native Americans, to facilitate homeownership in Native American
    communities on their native lands and within an approved Indian area.
    Because of the unique status of Indian lands, these areas have been
    historically underserved by conventional lenders. The default rate for
    the Section 184 Program, notably, remains at less than 1 percent.

    Title VI Tribal Housing Activities Loan Guarantee
        Continue to fund Title VI at the FY 2009 recommended $2 million
    dollars. The Title VI is designed to spur housing and other community
    development efforts, particularly if accompanied by an increase in IHBG
    funding that would serve as an adequate, consistent, and reliable
    source of income to secure the loan.

    Native Hawaiian Housing
        Increase the Native Hawaiian Housing Block Grant to $20 million.
    Since May 2008, I am pleased to note that we represent Native people
    who reside on the native Hawaiian Home Lands. I am proud to welcome the
    Department of Hawaiian Home Lands as the newest members of National
    American Indian Housing Council. The funding for the native Hawaiian
    Housing Block Grant should be increased to address the significant
    needs for low-income and affordable housing on native Hawaiian Home
    Lands. The Section 184A Loan Guarantee Program should continue to be
    funded at the $1 million level.

    Bureau of Indian Affairs Housing Improvement Program (HIP)
        Fund the Housing Improvement Program at $50 million. We know there
    is significant Congressional support for this much needed program. HIP
    grants serve the neediest of our communities; our elders and extremely
    low-income people. HIP provides for modest home acquisition,
    rehabilitation, renovation, and repair. As waiting lists for new homes
    grow and housing stock ages, this program helps to keep homes safe,
    healthy and habitable.

    U.S. Department of Agriculture's Rural Housing Programs
        Restore and adequately fund USDA's primary housing loan programs,
    particularly the Section 502 direct home loan program, the Rural
    Community Development Initiative, and HUD's Rural Housing and Economic
    Development programs. Tribes rely upon these programs, and reduction in
    these programs will harm tribal housing development.

    American Recovery and Reinvestment Act
        Just a few weeks ago, the American Recovery and Reinvestment Act of
    2009 was signed into law. Native American housing programs were
    included in a favorable way. Chairman, I want to thank you and this
    entire Committee for your support. This means a great deal to our
    Native American housing programs and will have a lasting impact on the
    communities we serve. We are working closely with HUD to implement our
    programs as Congress and the President intended: to quickly create jobs
    for American workers.

    Bay Mills Indian Community
        In my own community, we plan to use our IHBG funding from the ARRA
    for energy efficiency and to upgrade tribal homes through a
    weatherization program that will reduce operational costs while
    improving the health of our housing residents. We've recently had every
    housing unit tested by the University of Illinois for heat leakage and
    we now have a complete inventory of which homes are in most immediate
    need. At this point, we do not have a figure for how many jobs this
    will create, but we do have commitments from our contractors and
    subcontractors to hire local tribal members who reside on our
    reservation, which is currently experiencing an unemployment rate of
    nearly 30 percent.

    Conclusion
        Thank you, Chairman Dorgan, Vice-Chairman Barrasso, and members of
    this committee, for your invitation to share and discuss our Fiscal
    Year 2010 budgetary priorities for Native American housing needs. Your
    continued support of Native American communities is truly appreciated,
    and the National American Indian Housing Council is eager to work with
    you and your professional staff on any and all issues to improve Indian
    housing programs and living conditions for America's indigenous people.
    Attachments

                     STATEMENT OF HON. JON TESTER,
                       U.S. SENATOR FROM MONTANA

        Senator Tester. [Presiding] Thank you, Cheryl.
        I want to thank everybody for your testimony today.
        We definitely have our work cut out for us, and I certainly
    appreciate you folks here today to talk about the budget, which
    will give us the opportunity, I think, in the end to rally
    accomplish some good things in Indian Country. And you guys
    know all too well, whether it is health care or water or
    schools, or the list goes on and on and on. In fact, when I
    first got here a little over two years ago, I met with a group
    of tribal leaders and I said, okay, what are the issues? And
    after they listed them off, I said, and which took a
    considerable amount of time, I might add, I said, we need to
    prioritize. So I certainly appreciate you folks talking with
    expertise in your different areas.
        I have some questions and will just kind of go down the
    line. Let's kind of start with Jackie and move along.
        Last Congress, in the 110th, this Committee held eight
    hearings on law enforcement public safety concerns in Indian
    Country.
        There is a public safety crisis on many reservations. Part
    of the problem is a broken system, and soon Senator Dorgan will
    introduce a bill to address that system. But a big part of the
    problem is the lack of funding for the justice systems. Tribal
    justice systems are working literally on shoestring budgets,
    and there is a lack of uniformed officers, the crumbling jails,
    too underfunded tribal courts, and ultimately the ones who
    suffer are the victims of those crimes in Indian Country.
        Your testimony, Jackie, indicated that there needs to be an
    increase in funding for tribal courts. Can you provide some
    additional detail on the need for tribal court funding?
        Ms. Johnson-Pata. Sure. We look at the whole justice
    systems. In fact, we call them public safety intentionally
    because we know that without having, once again, a holistic
    viewpoint of addressing the system that, as we found in the
    past, we would put additional money into tribal cops and then
    we found out that our tribal courts and jails were overloaded,
    or we didn't have the capacity to address them, and so many
    times we had to let them, I don't want to say run free, but
    basically run free.
        So as we looked at this public safety, we are looking for
    this overall funding increase in all of those relevant areas.
        One of the problems that we really have, though, and a lot
    of attention in the last couple of years has been paid to
    getting more police officers, and now we are getting some
    attention to detention facilities and correctional facilities.
    But we also know that our court systems are severely lagging
    behind.
        And we see that without the resources to be able to deal,
    address things that even the Supreme Court has sometimes asked
    us to deal with, such as indigent defendants and
    representation, or facilities with being able to have the
    tribes being able to develop the ordinances and laws that are
    important for them, for the justices to be able to administer.
        So the tribal court system is not only the facilities, but
    also the other kinds of support to a tribal court system, to
    elevate the standing of our tribal law enforcement systems
    comparable to the other local governments and State systems so
    that we don't see that, we don't have news reports that
    continue to say Indian Country continues to be enclaves of
    lawlessness.
        Senator Tester. There is a great need for both juvenile
    delinquent prevention, juvenile delinquency prevention and
    facilities to help deal with those that are found delinquent.
    Your testimony also recommends funding for regional juvenile
    facilities. What feedback from the tribes have you received on
    that recommendation?
        Ms. Johnson-Pata. There are so many tribes that are ready
    to step up. In the Southwest, we have seen not only the Pueblos
    and the Hopis that have actually worked towards regional
    facilities, recognizing that there is not going to be the
    resources for every tribe to have their own facility, but the
    willingness of them to come together around those facilities.
        There is a hearing that hasn't happened soon, but there is
    a commission report having to deal with correctional
    facilities, and it is outside of Indian Country. And one of the
    challenges that they see about Indian Country, because the
    correctional facilities in their findings and investigations is
    that of the commingling of our offenders, and sometimes
    juveniles with adults, or women with men, other kinds of things
    that would create challenges.
        Now, we know in our lack of resources that there will be
    some, there may be some commingling of those facilities, but
    clearly with the right kind of barriers or the right kinds of
    oversight to be able to address those issues.
        But juveniles, unfortunately so many places in Indian
    Country, have to go far away from home, where they don't have
    the support base to be able to reenter back in their community
    because their community and their families haven't been able to
    move along with them. And so there is a great deal of support
    for not only juvenile facilities. In fact, in every meeting
    that we have had with Department of Justice that we have been
    doing a series of consultations for the last two years, every
    single meeting this issue comes up as one of the paramount
    issues with the tribes.
        Senator Tester. Well, along those lines then, I mean, how
    extensive has your conversation been with the Department of
    Justice?
        Ms. Johnson-Pata. We have had extensive conversations with
    Department of Justice, and actually we have brought in all the
    other Federal agencies that have anything to do with it, with
    HHS, with having to do with health care that is provided to
    those in the correctional facilities; at HUD, looking for ways
    of dealing with transitional housing and other ways of
    providing facilities; Department of Interior, with their
    responsibilities.
        Senator Tester. Maybe the better question would be, how
    open are they to your concerns?
        Ms. Johnson-Pata. Once again, it boils down to resources,
    and it is really at this point I have to say prior to this, and
    we haven't had the support that we needed for the resources. I
    think the economic stimulus was a good opportunity. We will
    see. The Byrne money and the other money for correctional
    facilities, the Department of Justice still has the ability to
    determine how those, what are the eligible activities, and we
    are not so patiently waiting to find out what those allocations
    may be for eligible activities.
        But that is a good example of where Congress can certainly
    help influence with the Department of Justice in their budget,
    but also making sure that report language is really clear what
    we are intending to do with it.
        Senator Tester. As we all know, we are facing economic
    difficulties right now. Unemployment just reached 8 percent
    nationwide. This is nothing new. Unemployment is nothing--oh,
    did you want to address the previous question, Robert?
        Mr. Cook. Yes, sir, if that is okay.
        Senator Tester. Go ahead. Yes.
        Mr. Cook. Yes, in the testimony that I provided, oral
    testimony, I talked about a term called the school to prison
    pipeline. And that is a real issue that we are finding in many
    parts of Indian Country where a lot of our students, who are
    placed in juvenile detention facilities for truancy, for many
    different issues. Those facilities often lack the resources.
    There is no teachers. They don't have the books, the supplies.
    And therefore some of those, the students are just written out
    as dropping out of school because once they are placed there,
    there is no seamless transition for them to come back into
    school.
        So you can imagine walking into a meeting or something and
    you don't know what is going on, that it is an ugly feeling
    that you have. And our students experience those things because
    they are behind, they are not, there is no chance for them to
    get back in and get caught back up. So a lot of those kids are
    slipping through the cracks and dropping out of school, which
    leads to further issues with problems that they may have.
        In many, in our community in Rapid City, South Dakota, they
    are forming a disproportionate minority contact committee and
    working with the juvenile correction folks and the schools, but
    there is a real, there is a real issue with that. So I think
    there needs to be some funding that has to go to those juvenile
    detention facilities to help the kids to be successful and to
    be on track when they go back into school, and we can't give up
    on those students.
        Senator Tester. Good point. That is a very good point.
        Okay, we will go back to the economy a little bit.
    Unemployment, high in this Country, incredibly high in Indian
    Country. In a lot of the Great Plains, Rocky Mountain region,
    in my home State, many of the reservations are seeing
    unemployment rates of 60 percent, 70 percent.
        Jackie, your testimony talked about a number of programs
    for economic development in Indian Country. If you were going
    to prioritize, which programs would you say are the most
    necessary and the most effective for creating jobs in Indian
    Country?
        Ms. Johnson-Pata. Well, of course, if I want to follow the
    mantra of economic recovery, shovel-ready jobs programs are the
    most important, which means a lot of programs for Indian
    Country. Infrastructure programs create jobs. I used to be in
    the housing field, too. We created the most jobs in housing and
    housing construction, because our own community members had the
    skill sets to be able to do those jobs.
        One of the things I see that is missing in the work that we
    are doing with the economic recovery, particularly for Indian
    Country, has to do with the work readiness skills. The
    education components are sorely missing. But also, other than
    the money that was directly set aside under the BIA where they
    get to make an allocation for work development programs, and
    there was no direct amount determined by Congress, but the
    department I know will be investing in that. There wasn't any
    money in the Department of Labor or any set aside for us having
    to deal with technical training and skills.
        So this opportunity that we have, I don't want us to miss
    this opportunity because we haven't been able to get our job
    training programs in place to take advantage of addressing
    unemployment. And that means unemployment, with having
    communities of care, a continuum of care having to deal with
    child care facilities; by tribal colleges and their ability to
    help with community education and provide some of those things,
    and preparing us for the workforce of tomorrow, which means
    having to address dealing with skill sets around alternative
    energy development and some of the fields, the technical fields
    that could be with energy development, which I think is going
    to be, for a lot of places, particularly in your area of the
    Country, are going to be important jobs of the future.
        Senator Tester. The workforce development issue, in and of
    itself, the funds have been inadequate in the past. Where would
    you flow them through? I mean, would you flow them through
    tribal colleges? How would you?
        Ms. Johnson-Pata. I would do a couple of things. One is, of
    course, we want the Department of Labor to take some
    responsibility. The only set-aside that I saw, and I am not an
    expert at looking at this, but the only set-aside I saw was for
    the older Americans under workforce development. I think that
    there should be some direct funding for tribes out of
    Department of Labor.
        But besides that, I think the 477 is a good model for
    tribes, but not all the tribes are using that yet because they
    need the resources. The 477 model for workforce development
    allows the tribes to be able to take dollars from HHS and BIA
    and others and merge it together so that they can have a single
    workforce development program that will cover multiple
    programs. I think it is a great model. It is one that I know we
    struggle with HHS having acceptable for, which I think we
    should take a look at.
        But it streamlines the programs locally, which makes a
    difference, and it is tribally-driven about what makes sense
    for the business of the future that the tribe is choosing to be
    in, whether it be in golf management, or whether it be in
    alternative energy. Tourism is a great opportunity for tribes
    that we need to take advantage of.
        Senator Tester. Okay. Thanks, Jackie. Thanks for your
    testimony.
        Jessica, we will talk about health care for a bit here, a
    huge issue in Indian Country up and down the line. Your written
    testimony mentioned a concern about the disregard for medical
    inflation in forming the Indian health care budget. And you
    also discuss Administration rescissions.
        Medical inflation, interestingly enough, is applied to all
    other Health and Human Service programs. So is the issue with
    IHS budget, and the lack of inflation being applied to that,
    does it stem from the Department of Interior? Or is there
    another reason for it?
        Ms. Burger. Thank you, Mr. Tester. I will try to answer
    that question as accurately as I can.
        I think it is partially created by the Office of Management
    and Budget. In the budget preparation process, there is no
    directive to look at medical inflation and its impact on the
    Indian Health Service budget. In the last two years, medical
    inflation in this Country has been at nearly 10 percent. So it
    has certainly had a negative influence on the level of need
    that the Indian Health Service has been funded for.
        I think the other part of the equation is that the Indian
    Health Service budget is discretionary, and that probably has
    less priority than the entitlement programs under Medicare and
    Medicaid dollars. So if we could at least get medical inflation
    as part of the equation during the budget formulation process,
    that would make it certainly accurately reflect the costs that
    we are incurring in Indian Country to provide care.
        Senator Tester. Okay. Has the National Indian Housing Board
    addressed the issue of rescissions to the Administration? And
    if you have, how have they responded?
        Ms. Burger. Yes, we have. And I think that the response has
    been somewhat tempered. Rescissions over the last couple of
    years that were put forth by the previous Administration kind
    of hit us on a two-fold front. It happened at the Indian Health
    Service level, and then at the Interior level.
        So what I would like to recommend is that we really do need
    some protective language that keeps the rescissions out of
    Indian Health Service delivery dollars, period. When we are
    talking about a 60 percent level of need funding, and then as
    you look at that nationally across the board, area to area,
    that level of need really drops off. I will just give you an
    example. My tribe is funded at just about 40 percent level of
    need for the population that I serve.
        I think the answer is help us get some language that
    protects that action from occurring to Indian Health Service
    dollars. And I think that the Administration, I know during the
    transition team discussions, they were very receptive to
    embracing that notion, so I would like to see that move
    forward.
        Senator Tester. All right. Prevention, it has been shown to
    be the most cost-effective effort in health care. Indian Health
    Service has a prevention task force initiative that is focused
    on health promotion and disease prevention efforts in all IHS
    and tribally controlled facilities.
        The work group recommends recommendations to identify
    progress in the IHS prevention programs. It is important to
    note that 22,000 Indians are living with cancer and 45 percent
    were not identified until late stages. The work group
    prioritized disease management ahead of prevention efforts in
    the recommendations, and you emphasized in your testimony the
    importance of fully funding the hospitals and clinics.
        Do you think prevention efforts deserve more funding and
    more attention?
        Ms. Burger. Oh, absolutely. When you look at the way that
    the Contract Health Service system that provides necessary
    dollars to purchase medical care is structured, the system is
    very flawed. We are paying for care at the most extraordinary
    levels of cost, life or limb situations.
        Most of the disease processes, and I am speaking from the
    health director's point of view, that we deal with, if we were
    able to redirect funding to health promotion and disease
    prevention, we would see a significant downturn in those rates
    of significant disease process, especially with regard to
    things like diabetes and cancer that by the time a cancerous
    patient is presented to an Indian Health Service clinic, they
    are in stage four. I mean, that is nationally. That is the most
    expensive care. And at that point, speaking as a registered
    nurse, the likelihood of a desirable outcome is not very
    likely.
        I would really like to see, if I could make a respectful
    recommendation, the Contract Health Service system needs a
    revamp to look at the priority system of payment for life and
    limb issues, to focus those dollars on health promotion,
    disease prevention first, and restructure that entire priority
    system.
        One of the largest costs that my tribe incurs is for
    maintenance medications for our elders, their pharmacy bills.
    We are spending almost $750,000 just in helping them retain the
    ability to take their blood pressure medications, their cardiac
    medications, their oral glycemics. But if you look at the
    priority system in CHS, that is a level 2(b) priority,
    maintenance medications that the rest of us in the population
    take for granted.
        I think, as a health director, if that Contract Health
    Service system were evaluated for effectiveness of preventive
    dollars compared to life and limb payments, I think that you
    would see the preventive dollars, the small amounts that are
    spent now on granted programs, have far more effect on the
    long-term health care status and improvement of health care
    status of Indian people than paying for those end-stage disease
    processes.
        Senator Tester. How would you currently rate the prevention
    efforts by IHS?
        Ms. Burger. I believe that that prevention initiative, in
    looking at it from a granted perspective, doesn't go far
    enough. The dollars are competitive in nature, it is not across
    the board funding, and I think that, again it goes back to
    Contract Health Services, if we looked at maybe a combination
    of health promotion and disease prevention dollars and Contract
    Health Service dollars that change that priority focus, that
    would be a real God-send to those of us providing care. If I
    had to rate it on a scale of one to ten, four.
        Senator Tester. That is not bad. It is better than I
    thought you were going to say.
        [Laughter.]
        Senator Tester. But I should say, no, it is, you folks know
    this, as I said in my opening, better than I ever will know,
    but Indian health care is a disaster right now, from my
    perspective. It is in dire need of some serious attention. I
    don't think the money we are spending is being spent in the
    right way, and I think it has been chronically under-funded.
        Thank you for your testimony and thank you for your
    questions.
        Ms. Burger. Thank you.
        Senator Tester. Robert?
        Mr. Cook. I would just like to say in my home community in
    Pine Ridge, during the winter time, the ambulances have to run
    24 hours a day because it is so cold if they shut them off,
    they may not start, which would be critical for people that
    need ambulance service. So just infrastructure facilities like
    buildings where we could store ambulances, just those basic
    needs are unmet in Indian Country. Thank you.
        Senator Tester. Yes, thank you.
        In education, I was encouraged in the President's recent
    speech on education that he emphasized the need to raise the
    quality of our early learning programs. I know the Head Start
    program is vital in Indian Country, with over 23,000 children
    participating in the program and more than 35,000 volunteers.
        In what way would you see funding being used to better
    serve the Indian children who participate in Head Start and
    Early Head Start?
        Mr. Cook. Well, both my wife's and my children are Indian
    Head Start school graduates. And as parents, we have seen
    first-hand how important these programs are, not only for our
    children, but for many children because they provide those
    services to help our kids have that transition into school and
    to kindergarten.
        On our reservation in Pine Ridge, our Lakota language is in
    a real critical situation where we are losing many of our
    language, our fluent language-speakers. Recently, there was a
    survey that showed out of 600 kids entering kindergarten, only
    six were able to speak conversational Lakota. So Oglala Lakota
    College was able to work with the Head Start program. They
    oversee our Head Start program on Pine Ridge. And they are
    implementing a Lakota language program within the Head Start,
    but yet they really struggle because they don't have a lot of
    the funding and the dollars that is critical for the success
    and the scope of that program.
        You look at many of our reservations, half the population
    of our people are under 25, so there is a tremendous need for
    programs in early childhood education, our Head Start program's
    funding.
        I wanted to just bring attention. I brought my eagle
    feather with me, and I received this feather when I graduated
    with my master's degree from Oglala Lakota College. Our tribal
    colleges are so important to us. But you know, a long time ago
    when you look in this room and you see these beautiful pictures
    that George Catlin documented of the Mandan people in the early
    1800s, our feathers for many of our tribes were given for
    supreme acts of bravery, where you put your life on the line
    for your people.
        Today, many of our communities give eagle feathers to our
    young people because they graduate from high school. That is a
    great honor, but yet it shows how hard it is today to do that,
    to step up, to stay in school when you have so many of these
    issues and problems that you have to overcome.
        So we give, we honor our kids and our students by giving
    them an eagle feather, and the young women, plumes with a
    medicine wheel. We have a real crisis with our dropout
    situation, and the National Indian Education Association
    partnered with the Campaign for High School Equity to partner
    with other civil rights organizations to address that issue.
        But it really goes back to the early childhood education,
    to be able to help funding and programs to help those parents
    and those young children to stay in school and to value their
    education so they can earn their eagle feather.
        Senator Tester. So the groups that you work with, you are
    saying that they had found that in Indian Country, that Early
    Head Start and Head Start, and the implementation of those
    programs, were critically important as far as increasing the
    graduation rate at the other end?
        Mr. Cook. Absolutely.
        Senator Tester. Okay.
        Currently, tribes are eligible for funding through three
    different agencies for education: the Bureau of Indian
    Education, the Department of Education, and Health and Human
    Services. Can you comment on the need for coordination among
    the agencies to help tribes effectively plan their educational
    programs?
        Mr. Cook. When you look back a long time ago, all of our
    education programs were coordinated through the Bureau of
    Indian Affairs. And now today, a lot of those, our programs are
    divided among the intergovernmental agencies, HHS and
    Department of Education.
        When I started teaching 20 years ago, you looked at the
    number of students that went to BIE schools or tribal schools,
    and the number of kids that went to public schools, it is so
    much higher today. Ninety-three percent of all our Indian
    students do go to public school.
        And so I think today we are really seeing a disconnect
    because those programs are contracted out between so many
    different agencies within those departments, and there is no
    collaboration or communication. I think that one of the things
    that NIEA has requested, along with NCAI and others, is we were
    asking for an elevation of the Director of Indian Education
    programs, that Department of Education, to an Assistant
    Secretary level.
        We are also asking for, within the Bureau of Indian Affairs
    and the DOE, to work together to place perhaps someone within
    the Department of Education that could be a liaison for tribal
    education programs. The Department of Education is the expert
    on education. They have a lot of resources, a lot of funding.
    The Bureau of Indian Education and BIA are expert on tribes.
    There has to be a connection with those departments. They have
    to work together.
        So we really believe that if we have somebody in there that
    could really advocate for our programs, not just the funding,
    but the resources. Teacher development is really important,
    being able to have our tribal colleges have graduate high
    school teachers. Seventy-five percent of our teachers on Pine
    Ridge are graduates from OLC, but in elementary education. Our
    tribes don't have the funding to produce secondary education
    teachers, so we have to go off to State schools, and it is real
    hard. Our of 9,000 teachers in South Dakota, less than 1
    percent are American Indian that serve in the public schools,
    but yet they service a lot of our Indian students.
        So I believe that there has to be more collaboration, more
    cooperation between those, and that is one of our highest
    priorities.
        Senator Tester. From your position, do you see any
    coordination right now?
        Mr. Cook. Well, I don't. I see that there is, just because
    of the high mobility of our students going from the reservation
    schools into the urban schools, when they are there for the
    count, it is important. But when they drop out or when they
    leave, there is a disconnect and it becomes an us versus them
    kind of territory. Well, they are not in our schools so they
    are no longer our problem anymore. So it leads to a lot of a
    lack of resources for our students. And so I think that is a
    really high priority, is the cooperation between those,
    especially those two.
        Senator Tester. Okay.
        As has been suggested already, Indian students have a
    graduation rate that could be a lot better. Let's just put it
    that way. There are many reasons for this. Some we have already
    talked about. Another one that I think contributes to it is
    that the schools that American Indian students are forced to
    attend, well, they need some repair.
        We really can't expect our students to go to an unhealthy
    environment or an unsafe environment, as far as that goes. We
    are expecting a GAO report to be released later this year that
    will highlight some of the conditions in school facilities in
    Indian Country.
        What do you think needs to be done to improve the backlog
    at BIE for school construction, repair and improvements, as
    well as the backlog in construction for public schools in
    Indian reservations that rely on Impact Aid?
        Mr. Cook. Thank you, Senator, for that question.
        I spent 14 years in my teaching career working in the BIE
    schools at Crow Creek, Lower Brule, Little Wound. We were
    really excited when we were able to get Indian school
    construction on to the Recovery Act, and be able to address
    some of the backlog needs facing our schools.
        Although we were disappointed that Impact Aid schools, we
    have a lot of Impact Aid schools on our reservations, for
    example, Todd County School District in Pine Ridge, Shannon
    County School District, I mean, and then Todd County in
    Rosebud, are examples of schools that are Impact Aid schools
    that weren't able to address their construction needs because
    of that, because they are public schools, but they are on our
    tribal reservations.
        I think one of the things that needs to be done is there
    has to be a transparency with the Bureau of Indian Affairs and
    BIE to be more transparent. There is a list of schools that are
    on this priority list for construction, but nobody knows, the
    schools themselves don't know where they are as far as being on
    that list. If there was transparency and communication, if that
    list was made public, then those schools would be more ready.
    They would be more shovel-ready to get going on their
    construction needs.
        And that is what we are asking for from the Bureau is to
    make sure that list is available so the tribes know where they
    stand as far as their construction needs. Some of these schools
    are, most average 60 years old.
        Senator Tester. Who has the list? BIA or BIE or who?
        Mr. Cook. The BIA.
        Senator Tester. BIE?
        Mr. Cook. BIE.
        Senator Tester. BIE has the list. Have you made a request
    for it?
        Mr. Cook. Yes, sir.
        Senator Tester. And you have been turned down, or just not
    respond?
        Mr. Cook. Yes, and it changes all the time. A school maybe
    10 years ago could be number two on the list, and 10 years
    later, they could be 25. There is a shuffling of the list.
        Senator Tester. But you never know that, do you?
        Mr. Cook. You never know that.
        Senator Tester. That might be interesting to follow up on.
        Mr. Cook. Thank you.
        Senator Tester. Thank you very much for your testimony and
    the answers to the questions.
        We will go to housing. Cheryl, Indian housing needs, it
    would probably be a compliment if I said it was astronomical.
    It is absolutely, we have some difficulty: overcrowded
    situations, sometimes 10 to 20 people living in a three-bedroom
    home.
        To address this need, Congress has provided a significant
    amount of money through the Indian Block Grant program in both
    the American Recovery Act last February and the Fiscal Year
    2009 spending bill that we just recently passed.
        Can you tell the Committee what the National Housing
    Council is doing to ensure that these funds will get out to
    needy families in a timely manner?
        Ms. Parish. The first thing we did, actually, is meet with
    several of the people in this room. I went and saw them about
    two weeks ago, and I asked: How do we do this? And how do we do
    this correctly?
        Senator Tester. Yes.
        Ms. Parish. The whole tribal, well, the whole tribal, the
    whole NAIHC board of directors did that, and we canvassed the
    Hill. We have been working with HUD. Heidi was actually with us
    during our meeting with Mr. Boyd. We urged him to please,
    please help us do this, give us some heads up so we do it
    right.
        We want to spend this money. This is, it is not enough.
    Like you said, it is a drop in the bucket, but we would like to
    be able to show you our true need, that we can spend it, we can
    spend it well. We will spend it fast, and please give us more
    if you hand out any. That is the message that we are going to
    come out with, and we are going to come out with hard.
        The money that NAIHC receives, its technical assistance and
    its training, will be invaluable. We also try to work with Mr.
    Boyd and the rest of HUD as much as we can to make sure that
    all of our housing authorities receive the proper training we
    need. Right now, the first thing I did is I went home and I
    called my regional office, and I said, we have to have a
    meeting and we have to have all the housing authorities that I
    represent, 31 of them, come together, and we are doing it next
    week, so you can tell us how we are going to report on this
    money, so we do it, so it is transparent, and we don't get into
    any trouble.
        That would be basically be my answer there.
        Senator Tester. Okay. Have you done, have you thought about
    or are you doing anything in regards to utilizing those funds
    to stimulate jobs for Indian people in Indian Country?
        Ms. Parish. Yes, very much so. Actually, when we even got
    the whiff that we might possibly get that money, and it was a
    tremendous gift to us, we started preparing throughout Indian
    Country. And when I put out things for a request for proposal
    or for bid, I tell them, you are going to get a higher
    priority, but you are going to hire some of my people and you
    are going to employ them.
        I have done that in the past when I do projects. You have
    to hire this many, and I want them to be carpenters at the end.
    And that actually gives them a trade-set. Sometimes it takes
    them off the reservation, but it will give them a job and it
    will give them a talent.
        Senator Tester. That is good. And maybe we can even go back
    to Jackie's point on job training and try to get them to be a
    carpenter going in, too. That would be good.
        Ms. Parish. Yes.
        Senator Tester. I want to ask you, all four, and thank you
    very much, Cheryl. I want to ask you all four more of a global
    question, actually a couple of them.
        We continually hear, and it just isn't in Indian Country,
    it is throughout many of the agencies, that the funds that are
    being appropriated by Congress somehow are not making it to the
    community level. Could you share your perspective on that, if
    you think that there is a problem there? Or do you think it is
    okay?
        Jackie?
        Ms. Johnson-Pata. I would like to go ahead and start, if
    that is all right.
        We work really hard to provide technical support to a
    couple of Federal agencies around budget development and
    provide technical support to the tribe, BIA tribal leaders,
    TBAC is what it is called. And that challenge comes up on a
    regular basis.
        And I think part of that is, the tribes come up with their
    priorities and then they get to the negotiations with OMB and
    then the department continues to have their negotiations, and
    the budget never really looks like we thought it did from the
    very beginning.
        I think we have done better about, as tribal leaders, being
    able to show where our budget priorities are and try to get
    those increases in those priorities. But then it comes back to
    any reallocation of funds, or as you heard, where they hold
    back funds for HUD, those kinds of things. Any reallocation, it
    makes it very difficult for tribes to plan when they are not
    sure exactly what they are going to be getting.
        And we have been trying to work with ways with the
    Department of Interior for tribal leaders to be involved with
    any recapture or reallocation from one region to another, or
    re-shifting of funds. And I think that is where a lot of the
    money becomes more discretionary, for some reason, and there
    seems to be more flexibility at the department and less goes to
    the tribes.
        I think the other thing that is frustrating as the tribes
    meet on these issues is that when we deal with what we were
    talking about, cost of living increase and inflationary
    factors, they are mandatory off the top for the department and
    the department staff, so they become mandatory expenses out of
    the allocation that is the amount that is appropriated for
    Indian Country.
        But we don't get the same treatment because we don't get
    mandatory cost of living increases or personnel requirements.
    And so what ends up happening is that the Federal Government is
    able to maintain their staffing levels because they get those
    cost of living factors mandatorily considered, but when the
    money is left to go to the tribes, the tribes have to decide
    how many members of their team that they are going to have to
    release from employment because they don't also have the same
    ability. So all of those are factors.
        I also want to bring up something that when we were talking
    about the school construction, and this would go for a number
    of other pieces here. But one of the things that we at the TBAC
    have asked for school construction from Jack Weaver, the list
    for a while, and have not been able, for years, I have to say,
    years, because OMB measures the success. OMB kept saying, well,
    the rule, one of the reasons they weren't putting more money
    for school construction is because we haven't spent out that
    school construction dollars.
        We said, give us the list, let us look at that from the
    tribal perspective, and decide to see what the problem is. Is
    this an issue with land title, and that is why we aren't able
    to construct the building? Or are there other issues that we
    can address as tribal leaders? Without having that information,
    we as tribal leaders can't help find the solution.
        An example of what I think would be a good model is the
    State of Virginia. When they are doing a construction project
    or roads project, they have it right on their website. This is
    the projects that we are doing. And if there is a hold on a
    project, they put a yellow sign that says, this has been
    temporarily halted for this reason, or, this project has been
    stopped for this reason.
        So we all know, in talking about the transparency, so we
    all know, because I think that is the other thing that holds
    back money from Indian Country. It gets obligated,
    appropriated, but then there are these other reasons that we
    are not aware of that it doesn't come back to our home
    communities.
        Senator Tester. I have a follow-up on that, but I will let
    these others talk about, if they have anything they would like
    to say about the money getting to the ground, and if there is
    problems in that, and you think they are serious enough to
    comment on them.
        Ms. Burger. Thank you, Senator. I think I would like to
    make just a brief comment.
        One of the issues is sometimes the formula for the way that
    the appropriation is coming through does not fit the formula
    that is required in Indian Country. It is pretty simple. If we
    are allowed to be on the ground floor through a consultation
    process to frame some of those program requirements and frame
    up those priorities from the beginning, I think that you would
    see a far better utilization of the resources.
        One of the other things that comes to mind just in
    discussing facilities dollars,there is a 25-year waiting list
    on facilities dollars for new construction. My tribe purchased
    our own tribal health clinic because there was no way we were
    ever going to get on that list.
        So we have to wonder where the disconnect occurs, and I
    think that the disconnect really occurs sometimes at the Office
    of Management and Budget. We need some individuals in that
    office that understand Indian issues, that can listen as we
    articulate our problems and make some sense of why perhaps a
    program doesn't work. And I think that would be a good place to
    start.
        Senator Tester. From your perspective, OMB does not have
    that now?
        Ms. Burger. No, they don't.
        Senator Tester. Good.
        Would anybody else like to comment on that, on the money
    that is getting to the ground, if it is a problem? You don't
    have to if you don't want to.
        Mr. Cook. Yes, I would. Thank you.
        Senator Tester. Sure.
        Mr. Cook. I just also wanted to mention, when you were
    talking about the construction list for schools. IHS has a real
    good model. They call it the five-year plan and it lets people
    know what facilities are going to be built within the next
    coming years. Maybe that might be a good way to, or a good
    start to look at.
        Senator Tester. Good point.
        Mr. Cook. One of the things that NIEA has requested to the
    new Administration and to our colleagues is to establish a
    Native American budget, a Native American Budget Task Force, to
    be able to look at HHS, DOE, Department of Education. Who
    better knows the needs of funding and issues than our own
    people, being able to put together their plans and
    recommendations to the different agencies?
        Currently, there is no coordination among these agencies,
    as we discussed, on education funding. And so especially within
    the Department of Education, where 93 percent of our Indian
    kids do go to public schools, there is no tribal input
    whatsoever.
        The San Carlos Apache Tribe met with the Department of
    Education Office of Indian Education. And when they asked them
    different questions on budgets and funding and programs, they
    had no information to give the tribe on the stimulus, the
    recovery funding. So I think there needs to be somebody in
    there within that department to help them to understand what
    the needs are in Indian Country as far as academic success for
    our students and for our schools.
        Thank you.
        Senator Tester. Cheryl?
        Ms. Parish. Thank you.
        Our problem seems to lie a lot with HUD and OMB. Unlike the
    money that we just received, and we got it within 30 days,
    which was just a shock to Indian Country as far as housing
    went. It is four and five months from the time there is an
    appropriation until we see the money. The littler tribes are
    barely making it at that point, and we have to help the lowest
    of income with that small bit of funds as it is.
        If there was a way that you could help us perhaps work with
    OMB and HUD to get our money within 30 to 60 days after it was
    appropriated, it would help us tremendously. By the time we get
    it, it is October or November, and where I live, I can't build
    until May now. So I am a year behind schedule, right off the
    get-go. So that is where I would look to this Committee if you
    could possibly help us there.
        Senator Tester. Okay.
        Robert may have answered my question I was going to ask
    you, Jackie, as far as prioritization. I mean, I am sure this
    list is a national list, right, of schools?
        Ms. Johnson-Pata. Yes.
        Senator Tester. And you have a lot of sovereign nations
    here, and seeing the appropriation process work at this level,
    how would you stop, just because in some of the schools I have
    seen, they all have merit to be rebuilt at some level.
        Ms. Johnson-Pata. That is a problem. When there is limited
    resources is everybody is scrambling to be able to want members
    of Congress to deliver for their constituents, but also, tribes
    who are just desperately needing that. And I know we tried,
    like in, for example, in the development of NAHASDA initially,
    was to de-politicize the formula so that it really was based
    upon a need allocation.
        Senator Tester. Yes.
        Ms. Johnson-Pata. I think that there are some worthy
    conversations that could be had about the distribution models
    of IHS. I see Staci shaking her head. That might be helpful for
    the future.
        But I want to follow up on the OMB issue, because OMB is
    critical at this point. And we have identified that that is a
    place for us to have to make some changes as far as
    responsiveness and understanding the uniqueness about tribal
    delivery systems.
        NCAI put forward a recommendation that is supported by all
    these organizations here, that we think that there needs to be
    a person designated at OMB that will shepherd the tribal
    outreach or the tribal review. We proposed it to the transition
    team and to the White House. I think that we seem to be getting
    some traction on the idea. We were hoping for a new person that
    would be like a deputy underneath the director, but that may
    not be possible. However, I think that they are seeing a need
    to have an Indian team within the OMB that has a greater
    understanding.
        And one of the reasons that came about was because of the
    self-governance compacts and contracts on economic recovery,
    the fact that those contracts don't necessarily mesh with the
    requirement that Congress put forward. So it is an opportunity.
    You guys could help us with that a little bit, too, to push
    this agenda forward as far as the uniqueness of Indian Country,
    and get OMB to have an Indian person.
        Senator Tester. I personally think it would be smart. I
    think it would be smart for everybody.
        Yes, Robert?
        Mr. Cook. Earlier you mentioned about examples or the need
    for the full funding to get to the schools. I have three real
    quick examples. Wounded Knee School District, for example,
    along with many others, only gets 43 percent of the total
    dollars that is supposed to be allocated. When I talked to the
    superintendent from the school, she said, imagine having a $100
    light bill and only having $43 to pay it.
        Senator Tester. So where did the other $57 go?
        Mr. Cook. They are only operating on 43 percent of the
    promised budget.
        Senator Tester. Okay. So the money may be appropriated, but
    it is only at a 43 percent level.
        Mr. Cook. Right. Exactly.
        Senator Tester. Well, that is a different concern. Okay.
        Mr. Cook. Another example is when we had the high gas
    prices, Little Wound School, with their tremendous number of
    students that bus into the facilities, they actually had to tap
    into their ISEP funds, $168,000 just to offset the cost of the
    rising fuel costs and transportation of students. So that
    directly affects the academic needs of those students because
    they have no emergency funds, nothing to draw money from in
    case something does come up, for example, those high costs of
    fuel.
        Another example is when a new school is built, for example,
    Porcupine School on Pine Ridge just recently built a new
    school. However, they are really concerned because there is no
    maintenance dollars. And so they have this beautiful school,
    but a concern is how do they keep that school beautiful for the
    next 20 years.
        Senator Tester. Yes, O&M, a big, big issue.
        Well, once again I want to thank you all for being here,
    Whether you are talking about the myriad of issues, of
    challenges, the good part about this is, we are early in the
    process, so we will be continuing to gather information. The
    difficult part about this process is your issues are difficult.
    They are real, and they are extensive.
        So I want to thank you all for being here. I appreciate it,
    and have a great day, and we look forward to continuing the
    contact. Thank you.
        We are adjourned.
        Ms. Johnson-Pata. And Senator, if I could, I just want to
    invite you or any of your staff or any of the other staff here.
    NCAI is hosting a trip to Indian Country during the spring
    break to Tohono O'odham. We are going to deal with border
    issues, but all the other issues, too.
        Senator Tester. That is good.
        Ms. Johnson-Pata. So a good learning education time.
        Senator Tester. Thank you for the invite. Thank you.
        We are adjourned.
        [Whereupon, at 1:58 p.m., the Committee was adjourned.]

                                A P P E N D I X

                    Prepared Statement of the Navajo Nation

           Prepared Statement of the United Tribes Technical College