[Senate Hearing 111-826]
[From the U.S. Government Publishing Office]
S. Hrg. 111-826
PREPARING OUR STUDENTS FOR TOMORROW IN YESTERDAYS SCHOOLS: CONSTRUCTION
AND FACILITY NEEDS AT BUREAU OF INDIAN
EDUCATION SCHOOLS
=======================================================================
FIELD HEARING
before the
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED ELEVENTH CONGRESS
SECOND SESSION
__________
SEPTEMBER 11, 2010
__________
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
AL FRANKEN, Minnesota
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
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Page
Hearing held on September 11, 2010............................... 1
Statement of Senator Dorgan...................................... 1
Statement of Senator Franken..................................... 2
Witnesses
Bongo, Hon. Michael, Secretary/Treasurer, Leech Lake Band of
Ojibwe......................................................... 10
Prepared statement........................................... 12
Mullaney, Hon. Marty, President, Satellite Shelters; Board
Member, Modular Building Institute............................. 18
Prepared statement........................................... 19
Rever, Jack, Director, Office of Facilities, Environmental and
Cultural Resources, U.S. Department of the Interior............ 5
Prepared statement........................................... 6
White, Lindsey, Student, Bug-O-Nay-Ge-Shig School................ 16
Prepared statement........................................... 17
Vizenor, Hon. Erma J., Chairwoman, White Earth Tribal Nation..... 8
Prepared statement........................................... 9
PREPARING OUR STUDENTS FOR TOMORROW IN YESTERDAYS SCHOOLS: CONSTRUCTION
AND FACILITY NEEDS AT BUREAU OF
INDIAN EDUCATION SCHOOLS
----------
SATURDAY, SEPTEMBER 11, 2010
U.S. Senate,
Committee on Indian Affairs,
White Earth, MN.
The Committee met, pursuant to notice, at 12:30 p.m. in the
White Earth Reservation Tribal Administration 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. We're going to call the hearing to order in a
moment. My understanding is that the color guard will be here
to post the colors. Can we have your attention?
Mr. Durant. I just want to introduce myself. I'm Robert
Durant, Secretary/Treasurer for the Tribe, and I belong with
the group of the White Earth Veterans Association. I'm a very
proud member of that, and what we have today is members from
the Korean War, Vietnam, Iraq, and they serve us proudly all
the time.
And today's a special day in our nation of memory, memory
of what happened on 9/11, and when they come together like this
to show our patronage to all of our people in this here
country, and they'll be coming in here, so you know what's
happening, is when they come in, during the drum they'll come
through, face over here, and we just need to make sure we leave
enough room for them. So there's a lot of pride here, so feel
proud, and feel that pride.
Thank you.
Senator Franken. Thank you.
The Chairman. Thank you.
[Presentation of colors.]
[Prayer by Tribal leader.]
The Chairman. We're going to call the hearing to order.
It's a hearing of the U.S. Senate Indian Affairs Committee. As
I do so, let me say a special thank you to the Color Guard,
Secretary/Treasurer, the Tribe, and to others who have arranged
for the Color Guard to be with us today. It is a very important
day, and their posting of the colors and representing that to
us was very special for me, and I know for Senator Franken as
well. I also want to thank the drum for what they've provided
as we begin this hearing, so the color guard and drum, thank
you very much.
As I indicated, this is a very special day in our country.
I'm pleased to be here at the invitation of Senator Al Franken,
a member of the Indian Affairs Committee, and because it's a
very special memorial day in our country, memorializing 9/11, I
want to call on Senator Franken at the start of this hearing
for the purpose of discussing that.
Senator Franken?
STATEMENT OF HON. AL FRANKEN,
U.S. SENATOR FROM MINNESOTA
Senator Franken. Thank you, Mr. Chairman, for holding this
field hearing. I, too, want to thank the Color Guard for
posting the colors, and the drums, and this is the anniversary
of the attacks on 9/11 on the Twin Towers and on the Pentagon.
In recognition of 9/11, and I left out the plane and the heroes
on that plane that crashed in rural Pennsylvania, and the Color
Guard reminds me and reminds us all that American Indians serve
and volunteer in greater numbers as a percentage than any other
people in the United States, and that just is underscored by
that beautiful ceremony, and I'd like to take just a moment of
silence to remember not only those who died that day, and their
families, but also all of our troops who have paid the ultimate
sacrifice since that time, so many of whom are Native
Americans, so just a moment.
[Moment of silence.]
Senator Franken. Thank you. Mr. Chairman?
The Chairman. Senator Franken, thank you very much.
This is a remarkable and a wonderful country, and we who
are privileged to live here celebrate that every day, and one
of the ways we celebrate it is through our process of self-
governing, and in that process Senator Franken and I have an
opportunity to serve in the United States Senate, and serve
especially on the Indian Affairs Committee.
And we know, too, those who were in this country first, the
first Americans, who greeted everyone else who arrived here,
the first Americans, the American Indians, have had agreements
with the Federal Government through treaties, through trust
responsibilities, with respect to housing, education, law
enforcement and health care, among other things.
We also know our Federal Government has not done as good a
job as it should have been doing in meeting those obligations
and the promises that have been made.
We're here today to talk about education, and we know that
the Department of the Interior operates 183 schools throughout
Indian Country in America. About 44,000 students, as well as
thousands of teachers and staff, who work and who live at those
schools, they're the responsibility of the United States
through the Department of the Interior. It's the Department's
obligation to ensure that these students and the faculty have a
safe place in which to learn and to teach and to live. Nearly
one half of the BIA schools, however, are in substandard
condition. It's not a new issue.
In 2007 the Inspector General of the United States, in the
Interior, issued a report indicating the seriousness of the
physical condition and the issues that reflect the
deteriorating physical condition of some of these schools.
In the past several years we have held hearings on the
construction and the facility needs of the schools. In May of
this year we held a hearing on student safety issues at schools
that are run by the BIA. Unfortunately, there's too little
progress being made. There is now a construction backlog of
$1.3 billion. The Administration's budget actually recommended
a nearly nine million dollar decrease in the BIA school
construction funding. We're taking steps to make sure that
doesn't happen. We've requested, Senator Franken and I, an
increase that would bring the funding up to the 2003 level,
think of that, the 2003 level, of $243 million. But at the
current level of $52 million, it would take about 25 years to
build the schools that are needed in Indian Country, and the
average age of the school is now 33 years old.
And I want to mention that we had an opportunity to look at
the high school here this morning. This high school was built
under the WPA Program in the late 1930s. Bricks are
deteriorating, falling down, the school is not a satisfactory
school. Fortunately, there's some help on the way for those
students, but this school is pretty typical of the problems; a
1938 school that is in horrible disrepair and is not built to
facilitate commons where students can congregate, and it just
is inadequate.
And so we're here today at the request of Senator Franken.
I really appreciate very much his leadership, not just for
Minnesota tribes, but his national leadership on Indian issues.
I've been so pleased to have someone join the Senate that has
decided that this is a priority.
So, Senator Franken, thank you for inviting me. I'm really
pleased to be here.
Senator Franken. Thank you for calling this hearing, and
thank you for your leadership as a Chair. We're going to miss
you when you leave in January, and your dedication to Indian
issues has been very inspiring to me and to every member of the
Committee.
This hearing is on the topic of Indian school construction
and repair. By the way, I'd like to welcome you to Minnesota. I
think you're familiar with it, we're next door to you, you
know, and to White Earth. And again, thank you for your
leadership.
Chairwoman Vizenor and members of the White Earth Nation,
thank you for hosting this important hearing in your community.
And I'd also like to extend my welcome to our other witnesses,
and everyone in the audience. Your participation in this
important discussion is very much appreciated.
I've served in the United States Senate for a little over a
year now, since the beginning of my time addressing the
deteriorating conditions of the schools that many of our Indian
children attend everyday. It's been a top priority for me. The
dangerous, and they are dangerous, building conditions at the
Circle of Life School here at White Earth or the Bug-O-Nay-Ge-
Shig School at Leech Lake present a major threat to health,
safety, and the ability to learn of our Indian children. These
conditions are an injustice. There's just no other way to put
it. An injustice.
Ms. White from Leech Lake, I appreciate you joining us here
today, and I look forward to hearing from you and your
experience as a student at Bug-O-Nay-Ge-Shig School.
While there are people in the Federal Government who
understand and honor the trust relationship between Indian
tribes and the United States Government, let's face it, Indian
affairs has unfortunately never been a federal priority. The
budget for Indian school construction has been consistently cut
since 2004, and this year's no exception. The President's
proposed budget for fiscal year 2011 cuts Indian school
construction, as the Chairman said, by nine million dollars,
even after accounting for internal transfers between BIA
accounts. It's true that we're in tough fiscal times, and every
federal agency must tighten its belt, but even in good fiscal
times, Indian programs have not been a priority.
Indian school construction is a prime example of this.
Since 2004, the BIA hasn't had funding to replace even the
initial list, even the initial list of 14 Bureau of Indian
Education (BIE) schools in the worst condition in this country.
The Circle of Life School here at White Earth, which I'm happy
to say has finally broken ground for construction, was on that
list. This year's proposed budget includes funding for the
replacement of only one school, in Apache County in Arizona.
How are we ever going to get through the $1.3 billion backlog
to repair or replace the 64 other Indian schools waiting in
line, including the Bug-O-Nay-Ge-Shig School at Leech Lake?
We need to figure out another way to fund and build BIE
schools. This means thinking both about funding and about
innovative ways to build schools faster and cheaper without
sacrificing quality. This year Chairman Dorgan and I worked
together to call for a return to the level of $293 million that
Congress appropriated for Indian school construction back in
2003, as the Chairman mentioned. That funding increase would be
a good start in addressing the $1.3 billion backlog.
But the problem with BIE school construction and repair
doesn't only lie with funding shortages.We know there are
serious inefficiencies in the bureaucratic processes at the
Bureau of Indian Affairs. Chairwoman Vizenor and Secretary/
Treasurer Bongo will discuss their experiences with the BIA.
We also have to look into why it is so expensive to replace
schools on Indian reservations, and what we can do to bring
down that cost. Mr. Mullaney and Mr. Rever, I look forward to
hearing from both of you on that topic.
Ultimately, doing justice to the children in BIE schools is
going to take the efforts of all of us working together. Tribes
and the Federal Government need to come to the table with an
open mind and a true willingness to collaborate and to address
this problem. I'm committed to being a partner in the Senate on
this issue, and I hope to work with many of you young folk.
Thank you.
Thank you, Mr. Chairman.
The Chairman. Senator Franken, thank you very much. We're
going to hear from five witnesses. We would ask that each
witness summarize what they have to say. Generally we have five
minutes of testimony. We do include the entire testimony as
apart of the permanent record, so we will ask the witnesses to
summarize.
First we have Jack Rever, who is the Director of
Facilities, Environmental and Cultural Resources at the
Department of the Interior in Washington, DC.
Then we will hear from the Honorable Erma Vizenor, the
Chairwoman of the White Earth Tribal Nation here in White
Earth, Minnesota.
Next we will hear from the Honorable Michael Bongo,
Secretary/Treasurer of the Leech Lake Band of Ojibwe in Cass
Lake, Minnesota. And then a student, Lindsey White, a student
at Bug-O-Nay-Ge-Shig School.
And then finally Mr. Marty Mullaney, a board member of the
Modular Building Institute in Charlottesville, Virginia.
Mr. Rever, thank you for being with us, and why don't you
proceed.
STATEMENT OF JACK REVER, DIRECTOR, OFFICE OF
FACILITIES, ENVIRONMENTAL AND CULTURAL RESOURCES, U.S.
DEPARTMENT OF THE INTERIOR
Mr. Rever. Good afternoon, Mr. Chairman, Senator Franken.
Thank you very much for inviting me to participate in this
testimony today. I'm Jack Rever, Director of the Facilities,
Cultural and Environmental Programs within Indian Affairs.
Mr. Chairman, you've already mentioned the number of
schools and students for which we have responsibility for
providing funding, and I want to mention that since 2001, about
$2.5 billion was put into the improvement of the Indian
Education Program, but we still have a long way to go.
And here in the State of Minnesota, we, too, are pleased to
note the start of the new Circle of Life School, but we also
point out that we've put in, over the last three years, $1.2
million for improvements at schools on the other three
reservations here in Minnesota, and we think that we continue
to do that to respond to the need for safety and like
improvements for those schools.
We also are pleased to note that the American Recovery and
Reinvestment Act provides $278 million in Indian education
construction. I'm here to report that we have signed all
contracts obligating those funds, and we have also involved the
hiring of unemployed workers on the Indian reservations, 26
reservations around the United States, and put over 380
individuals to work, providing them construction skill training
as well as improving our federal facilities.
I want to point out that the most critical situations are
addressed immediately within our Indian Education Program. We
believe that worst first is the goal of our construction and
repair program, and that all of our efforts are going to
provide that safe environment for the education of our
children.
We have made significant progress, which you've mentioned,
but there are 63 schools remaining in poor condition, and a lot
of work yet to be done. And you've already mentioned, Mr.
Chairman, that the Assistant Secretary of Indian Affairs, Larry
Echo Hawk, testified before your Committee on February 25th
that the true need for correction of all deficiencies is $1.3
billion, and that's just to bring those 63 schools that remain
in poor condition into acceptable condition.
The 2004 list of replacement schools, as you have also
said, Mr. Chairman, there remains four projects not yet started
in that program.
I also want to point out that the No Child Left Behind Act,
Public Law 107-110 required the Secretary of Interior to
appoint a negotiated rulemaking committee, which is meeting
currently in and across the United States, in consultation with
Indian tribes, to help establish the methodology to establish
the priorities of construction in our communities, in our
school communities.
The fourth meeting will be held in Minneapolis on October
11th, and we want to invite all interested parties,
particularly parents, to provide their comments on how the
priorities should be established.
Mr. Chairman, that's a synopsis of my statement, and I will
provide the balance for the record, and I'm prepared to answer
any questions that the Committee may pose.
[The prepared statement of Mr. Rever follows:]
Prepared Statement of Jack Rever, Director, Office of Facilities,
Environmental and Cultural Resources, U.S. Department of the Interior
Good afternoon Mr. Chairman, Mr. Vice Chairman, and Members of the
Committee. I am Jack Rever, Director, Facilities, Environmental and
Cultural Resources Management in the Bureau of Indian Affairs in the
Department of the Interior. The Bureau owns or provides funding for a
broad variety of buildings and other facilities across the nation. I am
here today to discuss the status of education facilities in Indian
Country. Currently, Indian Affairs provides funds for facility programs
for 183 academic and resident-only facilities on 63 reservations in 23
states for approximately 41,000 students and two post-secondary
institutions.
Since 2001, the condition of Indian Affairs funded schools has
improved dramatically. To track and report the status of a facility,
Indian Affairs has established the Facilities Condition Index (FCI)
which is the ratio of the cost of repairing a building to the cost of
replacing a building. A school is defined as being in ``poor
condition'' if it has an FCI of over 0.10. Being in ``poor condition''
may, but does not necessarily, imply that critical health and safety
issues are present. In the last 10 years, over $2.5 billion has been
provided for construction, repair and maintenance to reduce the number
of schools in ``poor condition'' by 50 percent. The number of schools
in poor condition has been reduced from more than 120 of the 183
schools funded by Indian Affairs ten years ago to 63 today. In fact, we
are pleased to note that there are 9 new or completely refurbished
schools that were opened in time for this school year, and another 15
are expected to open in time for the next school year.
Here in the State of Minnesota, Indian Affairs is pleased to note
the recent start of construction on the new Circle of Life School on
the White Earth Reservation at a cost of $15.4 million. Also, over the
last three years, more than $1.2 million dollars for improvements and
repairs has been provided to the three other Indian Affairs funded
schools in the state, which are the Bug-O-Nay-Ge-Shig School, the Fond
Du Lac Ojibway School and the Nay-Ah-Shing School.
Indian Affairs is also pleased to note that the American Recovery
and Reinvestment Act (ARRA) (Public Law 111-5) provided approximately
$278 million for construction of Indian education facilities. Of these
funds, $134.6 million was allocated to replace deteriorating Bureau-
funded schools in a pre-established priority order and $143.1 million
was allocated for the repair of buildings and education related
facilities such as communications towers that are necessary to sustain
and prolong the useful life of Bureau-funded education buildings.
Construction awards for these projects began in May of 2009 and all
contracts and education grants for project accomplishment have been
signed. In all, 141 separate projects at 58 Indian Affairs funded
schools have been undertaken using ARRA funds. The work includes 3 new
schools as well as 14 major improvements and repairs projects. This
investment will result in better school facilities sooner than thought
possible before passage of the ARRA.
To ensure that the most critical situations are addressed
immediately, the Indian Affairs facilities program addresses life
safety deficiencies first and foremost. These deficiencies are work
that need to be completed in response to safety and facility inspection
reports and daily facility deficiency assessments by on site personnel.
Indian Affairs has ensured that these inspections continue by hiring
contractors to conduct the workplace safety inspections annually and
facility assessment inspections on every building every three years or
as facility conditions require due to special events such as winter
storms, seismic events or similar incidents. In addition, our
facilities program is managed by on-site facility managers who have
immediate access to emergency funds and procedures to correct imminent
danger situations. More routine work is prioritized through a risk
assessment code process which is directly related to safety. Funds from
the Bureau's Minor Improvement and Repair Program, commonly referred to
as MI&R, are used for the abatement of those identified critical
deficiencies costing less than $2,500. The Education MI&R program for
FY 2010 is funded at $7.6 million, and other relevant line items such
as Condition Assessment, Emergency Repair, and Environmental Projects
provide an additional $8.1 million for similar work costing more than
$2,500. As is true for most public school systems, there exists a
backlog of maintenance and repair work for education facilities at
Indian Affairs schools.
While significant progress has been made in the correction of
education facility deficiencies, 63 schools remain in poor condition
and there is still work to be done to bring these remaining education
facilities into acceptable condition. As Assistant Secretary--Indian
Affairs, Larry Echo Hawk, testified before this Committee on February
25, 2010, when asked about our estimated school construction backlog,
we have an estimated school construction need of $1.3 billion.
This $1.3 billion estimate is the cost to bring the 63 schools
remaining in poor condition to an acceptable facility condition. This
figure includes more than simply fixing the deferred maintenance items.
For example, if a school has a number of leaks in the roof, in the long
run it would be more economical to replace the entire roof rather than
continue to fix leaks year after year. Therefore, the cost to replace
the entire roof is included in the figure above, rather than the cost
to repair all the separate leaks. Likewise, it might also be more
economical to replace an entire building or school rather than to
repair a number of deferred maintenance work items. If this is the
case, the cost to replace the building is included above. That is why
it is important to note that the cost to simply repair the deferred
maintenance at each of these schools on a project by project basis is
much less than this $1.3 billion.
The No Child Left Behind Act (NCLB) (Public Law 107-110, Sec. 1042)
(25 U.S.C. Sec. 2005) requires the Secretary of the Interior, in
consultation with Indian Tribes, to develop recommended methodology to
determine priority of need for replacement schools and improvement and
repair projects. Currently the priorities are largely based on the
physical conditions of each facility. Indian Affairs recognizes that
one of the major additional factors that should be included in the
decision process is how well the school meets education facility
standards established by Indian Affairs or individual state school
facility criteria.
In accordance with the NCLB, the Secretary of the Interior
established a Facilities and Construction Negotiated Rule Making
Committee to formulate the methodology and factors to be considered in
establishing the priority of schools in need of replacement,
improvements and repairs. We have held three Committee meetings, and an
additional three are planned. The next meeting will be held in
Minneapolis, Minnesota, the week of October 11, 2010. Indian Affairs
encourages all interested parties, especially tribal members, to attend
and offer suggestions or comments to the Committee regarding this
important issue.
Through the Facilities and Construction Negotiated Rule Making
Committee, Indian Affairs is committed to improving Indian Education
facilities across Indian Country by prioritizing the most critical
needs and is working in consultation with Indian communities to ensure
that schools in poor condition continue to be corrected in that order.
Indian Affairs does not subscribe to a competitive grant or other
process to determine the order of correction of facility deficiencies.
Studies have shown that while the physical condition of a school is
certainly not the only factor, or even the most important factor, in
student success, it plays an important role. Indian Affairs is
committed to ensuring that students are in a safe and secure
environment.
This concludes my prepared statement. Thank you for the opportunity
to address the Committee and I am prepared to respond to any questions
the Members may have.
The Chairman. Mr. Rever, thank you very much. We appreciate
your testimony.
Next we'll hear from the Honorable Chairwoman of this
tribe, Erma Vizenor.
STATEMENT OF HON. ERMA J. VIZENOR, CHAIRWOMAN, WHITE EARTH
TRIBAL NATION
Ms. Vizenor. Mr. Chairman, Senator Franken, your staff, our
relative, the Leech Lake Tribe, thank you for honoring us today
with this very significant hearing.
I'm going to abbreviate my comments. I want to also say
that--for everyone here, this is the first Senate Indian
Affairs hearing held on an Indian reservation in Minnesota as
far as any of us can remember, and so we are truly honored that
this hearing is at White Earth.
I want to go right to my second page here, and I'll submit
what I have as record. The two issues that are at the very
heart of the matter, the projected student population at the
new school that is now under construction at White Earth,
that's one issue, and the second issue is the list of schools
needing construction of the BIA. There is a problem with the
list. The current template for the school population by the BIA
for a new facility needs to be updated. It simply doesn't
account for the desire of students who want to attend a
facility closer to their home that is in good condition.
The Circle of Life School could be overflowing with our
tribal students, but due to the condition of the school, our
students opt to go to other schools. This was an issue with the
Bureau of Indian Affairs, who wanted to build a school for a
population of 95 students, not considering any growth, and not
considering those students who have left, and parents who
wanted their students, their children, to go to good
facilities.
The school, the education of our people, is a trust
responsibility of the Federal Government. We have prepaid all
of our education for generations to come.
In the year 2000 I was Secretary/Treasurer here at White
Earth, and Mitch Volk, the Principal, and I, went to Aberdeen,
South Dakota, to a BIE hearing, and requested a new school.
That was 10 years ago.
And so we deal with a list. Yes, you're on the list. No,
you're not on the list. We don't have funding this year. In
2006 we were told we were on the list. That's before any
construction on this reservation ever happened. Education was a
priority, and it still is.
In 2008 we were uncertain because of budget cuts. We
finally got word this past spring that we had funding, and of
that funding, $14 million came from the Bureau of Indian
Affairs, and the Tribe put in $2 million, to increase the
number of classrooms for that new school. The Bureau of Indian
Education wanted to double up high school students, grades, and
we said no.
So those are the issues that we have had: The uncertainty,
the juggling around, the fact of turnover within the Department
itself, where every time I went to talk to someone, I was
talking to someone new and educating someone new.
During my few minutes I have here, we have our money now
for our new school, and it's under construction, and our
students will be moving into a new school in a year, and I can
predict our school is going to be full.
I want to say that another issue is our tribal colleges;
BIE obligation, BIE responsibility. In 1997 we established a
tribal college at White Earth, and the first place that college
was housed was in an old grocery store, and today it's
scattered all over the city of Mahnomen, and we're looking for
money to build a campus. It will cost $20 million to build a
new campus. That's the responsibility of the Bureau of Indian
Affairs and the Federal Government.
And so education is our ticket out of poverty here. I can
attest to that myself. It's very important. It's a priority for
us.
And with that, Mr. Chairman, I close my comments, and I
submit my record.
[The prepared statement of Ms. Vizenor follows:]
Prepared Statement of Hon. Erma J. Vizenor, Chairwoman, White Earth
Tribal Nation
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairman. Madam Chairwoman, thank you very much for
your testimony. We appreciate your hosting us today as well.
Next we'll hear from the Honorable Michael Bongo, the
Secretary/Treasurer of the Leech Lake Band of Ojibwe in Cass
Lake, Minnesota.
STATEMENT OF HON. MICHAEL BONGO, SECRETARY/TREASURER, LEECH
LAKE BAND OF OJIBWE
Mr. Bongo. Welcome Senator Dorgan, Senator Franken,
distinguished guests, to beautiful northern Minnesota. We're
very honored and pleased to have you here today to join us,
especially in such a lovely new facility as this, and I commend
Chairwoman Vizenor and the Tribal Council here at White Earth
for their efforts. They've done a remarkable job.
I'm privileged to be here today to share with you a
lifelong frustration in dealing with the Bureau of Indian
Affairs and its lack of accountability and holding trust
responsibility to American Indian people.
I would also like to thank the Committee and especially
Senator Franken in your new efforts to bring greater
accountability to the Bureau. It's greatly appreciated.
Chairman Dorgan, I want to thank you for being a lifelong
friend of American Indian people. It's truly an honor and a
privilege to be here with you today. Your record certainly
speaks for itself, and I have many American Indian friends in
the state of North Dakota who have nothing but honorable and
respectful things to say about you. Thank you.
I should not have to remind the people of our great nation
that our great country was built predominantly on the backs and
at the great expense of American Indian people. Please don't
misunderstand me. I am not here today to ask for a handout, but
rather a hand up, and a renewed investment in our most precious
resource, our children, who are the future of our people.
I'm here today in part to discuss the replacement and
additional funding for not only the Bug-O-Nay-Ge-Shig High
School, and my colleague has explained some of the conditions
that our children are going to school in, basically a pole barn
building, but equally as well to address the inadequate funding
of all BIA/BIE schools nationwide. The situation has become
critical and deplorable. We are a great nation, with great
resources, and our children should not have to suffer by going
to school in inadequate facilities that are less than conducive
for learning. Sadly, a quick review of the funding history of
the BIA schools will show a great disparity and signifies a
complete lack of investment on our nation's part in the
education of American Indian children. This should not and
cannot be condoned any longer.
Presently our children attending the Bug-O-Nay-Ge-Shig
School are subject to what I can only characterize as a
learning environment that is far, far from being conducive as a
proper and adequate learning facility. The current high school
facility is a basically metal, flat, pole barn building, as you
can see. One third of the facility was completely destroyed in
1992 by a gas explosion. The solution was to add more modular
pole barn constructed-type facilities. It's inadequate. It's
deplorable and shameful.
The current facility has serious structural and mechanical
deficiencies, lack of proper insulation, does not come close to
meeting the very basic safety, fire and security standards due
to very poor construction from the very beginning.
The facility jeopardizes the health and safety of students
due to poor indoor air quality from mold, funguses, and faulty
HVAC systems. The facility also suffers from rodent
infestation, which frequently disrupts class. The roof leaks,
is sagging, we have holes in the roof from ice buildups over
the years, uneven floors, poor lighting, sewer problems, lack
of handicap accessibility, and the inadequacy and the safety
issues continue to go on and on and on.
While we greatly appreciate Mr. Rever's visit to the school
a few years ago, to see the current conditions firsthand, we're
greatly concerned about the BIA and BIE's growing list of
excuses. The BIA blames OMB. The OMB blames the BIA. Year after
fiscal year, as a result, there is no positive forward
movement, the problems continue to grow and grow, and our
children continue to pay the price.
We've got to the point that it's become laughable in Indian
Country, to the point where a few months back I shared a story
with Senator Franken about a friend of mine who started off 35
years ago working for the BIA. After five years, he transferred
to the Indian Health Service. He recently retired, and I ran
into him one day, and I asked him, I said, ``Ed, how's retired
life treating you?'' And he started laughing. He said, ``Oh,
Mike, he said, ``It's great,'' he said, ``it's just like
working for the BIA all over again.'' That's how the situation
has become, laughable.
Chairwoman Vizenor, shared the shelving that we've
experienced with the BIA. You're on this list. No, you're on
that list. No, you're not on any list. Okay, is there even a
list? Why does that target keep moving and changing? Clearly
someone's not doing the job they are paid to do, and the
situation has reached an unacceptable level that cannot be
tolerated any longer, and the BIA must be held accountable.
There's no ifs, ands or buts.
The current state of affairs, I cannot help but wonder if
any of the BIA senior officials would send their children to
school in such an environment that we are forced to send our
children to school in. I think not.
In conclusion, the United States Government has asked
American Indian people to overcome poverty, dependency and
addiction through education, and while we wholeheartedly agree,
all we are asking for is the schools to do just that. What we
are simply asking for is the meager resources to provide our
children with a safe, healthy and adequate facility that is
conducive to learning in a healthy learning environment. I do
not think that that's asking for too much.
As I stated previously, what we're asking for is a hand up,
not a handout, and given the vast resources of this great
nation of ours, I do not believe that requesting $15 million
for replacement of a facility that should have been replaced 20
years ago, is asking for too much. We can spend billions and
billions of dollars on war, but not one dime on education of
Indian children? As I indicated, this is no longer acceptable,
and it is no longer tolerable. And as I've told other
colleagues in Washington, DC, and other public officials, I
will not let this issue go until our words are heard and
action's taken.
Again, I want to thank you for your time today, gentlemen.
Thank you for coming to Minnesota. Mr. Dorgan, you will be an
asset who is deeply missed to our people when you retire. Thank
you, gentlemen.
[The prepared statement of Mr. Bongo follows:]
Prepared Statement of Hon. Michael Bongo, Secretary/Treasurer, Leech
Lake Band of Ojibwe
Good afternoon Chairman Dorgan, Senator Franken, and Members of the
Committee. My name is Mike Bongo, and I am the Secretary/Treasurer for
the Leech Lake Band of Ojibwe. Thank you for inviting me to testify
today to discuss the Band's long struggle with the Bureau of Indian
Affairs (BIA) to replace our high school facility at the Bug-O-Nay-Ge-
Shig (High School), which is administered and funded by the Bureau of
Indian Education (BIE).
First, I would like to take a moment to thank Senator Franken for
his tremendous efforts to assist us in addressing our High School's
construction need, including requesting this hearing, and for pushing
the BIA to step up to the plate. We share Senator Franken's deep
frustration with the Office of Management and Budget (OMB) and with the
Department of the Interior (DOI) over their lack of responsiveness to
address this problem as well as the difficulties we have experienced in
obtaining information about the situation from the BIA.
History of Indian Education
Before discussing the specific needs of the High School, I would
like to briefly discuss the history of Indian education in America. As
this Committee is well aware, federal laws, treaties, and policies
acknowledge the Federal Government's obligation to provide for the
education of American Indian children.
After formation of the United States, Indian tribes ceded hundreds
of millions of acres of our homelands to the Federal Government to help
build this nation. In return, the U.S. made promises to make the
resulting reservations permanent livable homes, including providing for
the education, health, and general welfare of reservation residents.
These treaty promises were made in perpetuity, remain the supreme law
of the land, and do not have an expiration date. However, as you will
see and hear today, these promises have not been kept, and our children
suffer because of it.
Pressing Need to Replace High School Facility at Bug-O-Nay-Ge-Shig
The Bug-O-Nay-Ge-Shig is located in Bena, Minnesota, operated by
the Leech Lake Band of Ojibwe and governed by the Bug-O-Nay-Ge-Shig
Board. The School serves nearly 300 Native American children in grades
K-12 who commute from 14 communities located within five counties
within a 70-mile radius of the School. The School was founded in 1975
with 35 Ojibwe students from the Leech Lake Reservation in response to
parental concerns that public schools were not meeting the academic and
cultural needs of Ojibwe students. Since that time, the School has
transformed itself into a magnet school, teaching state-approved
curricula with Ojibwe cultural components. Given the educational
opportunities the School provides to Native American students,
enrollment in the School overall has steadily increased over the years.
The elementary and middle school facilities are in satisfactory
condition, but the High School is in dire need of replacement. The
current High School facility is a metal-clad pole barn, formerly used
as an agricultural building. One-third of the high school facility was
destroyed in a gas explosion in 1992. The facility has serious
structural and mechanical deficiencies and lacks proper insulation. The
facility does not meet safety, fire, and security standards due to the
flimsiness of the construction materials, electrical problems, and lack
of alarm systems. Further, the building lacks a communication intercom
system, telecommunication technology, and safe zones, which puts
students, teachers, and staff at great risk in emergency situations.
Also, the facility jeopardizes the health of the students and
faculty due to poor indoor air quality from mold, fungus, and a faulty
HVAC system. The facility also suffers from rodent infestation, roof
leaks and sagging roofs, holes in the roofs from ice, uneven floors,
poor lighting, sewer problems, lack of handicap access, and lack of
classroom and other space. These are just a few of the facility's
numerous deficiencies. Due to the unsafe and undesirable condition of
the High School, many students leave after middle school to attend the
public high school. Students are embarrassed about the condition of the
High School, resulting in a negative image of the School in the
community and a lower matriculation rate.
The High School is on the BIA's list of schools in need of
replacement and has exceeded its life expectancy by decades. The BIA
categorizes the high school facility as being in ``poor'' condition.
The BIA Midwest Regional Office for the Office of Indian Education
Programs compiled a report in 2007, expressing strong concerns about
the electrical problems, potential fire issues, and student safety. The
BIA Office of Facilities, Environmental, Safety, and Cultural
Management had documented the deficiencies of the High School; and the
Director of that office, Jack Rever, who we understand is testifying
today, toured the high school facility last year. We appreciate Mr.
Rever's efforts to tour and to see first-hand the deficiencies and
deplorable condition of the High School. We have prepared design plans
for a replacement high school facility and estimate the cost to be
approximately $15 million.
While we appreciate Mr. Rever's efforts, in an August 26, 2009
letter in response to a letter from the Minnesota delegation, Secretary
Salazar stated that DOI is still working to replace 5 of 14 other
schools on a list generated over 6 years ago and must engage in a
negotiated rule-making process that will take at least a year before it
can determine DOI's future budget requests for BIE facilities
construction as well as the priority of replacement of the High School.
The letter also states, ``As you point out in the letter, the condition
of the Bug-O-Nay-Ge-Shig High School does not meet current education or
construction code requirements and is among the more than 70 schools
funded by the Bureau of Indian Education that are in poor condition.''
This letter alarms us because it shows that DOI does not have a
comprehensive plan of action to address these dire needs even though
these schools have been in this condition for a long time. There is an
urgent need to replace the High School, and we ask that DOI and the
Congress treat it as such, especially considering that the lives of
children are at stake.
Urgent Need for Action to address BIE Construction Backlog
The discussion of the construction needs of Indian schools has been
ongoing for more than a decade. This Committee has held numerous
hearings where the issue of Indian school construction was discussed.
Federal officials testify, point fingers, and yet nothing has been
resolved.
When we have met with the BIA and OMB over the past couple of
years, they each tell us that it is not their agency's fault but the
other agency's fault that there is no funding to replace the High
School. BIA tells us that they have no money for school construction
and to talk to OMB, and OMB tells us that they provide funding to BIA
for construction and that BIA is not utilizing the funding effectively.
At the end of the day, DOI and OMB are quick to blame each other but
provide no solutions, forcing our children to shoulder the burden.
Further, it is extremely difficult navigating the byzantine BIA
bureaucracy and its layers to obtain school construction information.
This run-around is unacceptable. Section 7101 of Title VII of the
No Child Left Behind Act (NCLB) states:
It is the policy of the United States to fulfill the Federal
Government's unique and continuing trust relationship with and
responsibility to the Indian people for the education of Indian
children. The Federal Government will continue to work with . .
. Indian tribes . . . toward the goal of ensuring that programs
that serve Indian children are of the highest quality and
provide for not only the basic elementary and secondary
educational needs, but also the unique educational and
culturally related academic needs of these children.
In accordance with its obligation to Indian children, the United
States must work with us to seek a solution to this problem instead of
ignoring the issue and finger pointing.
We recognize that previous Administrations had a hand in creating
the BIE construction backlog, which is at least $1.3 billion; however,
looking at the current Administration's funding requests since it has
been in office, it seems that--despite statements to the contrary--the
need to improve BIE school facilities is not a priority.
Assistant Secretary Larry Echo Hawk testified at this Committee's
May 13, 2010, hearing on Indian school safety stating, ``The
Administration is committed to providing high-quality educational
opportunities for the students who are educated in the 183 BIE-funded
elementary and secondary schools, consistent with the Government's
trust responsibility for Indian education. In order to fulfill this
responsibility, it is imperative that the Department provide these
students with safe and healthy environments in which to learn.''
Unfortunately, DOI's budget requests do not match the Assistant
Secretary's statements.
The FY11 budget request for Indian school construction funding is
$53 million, a $60 million cut from the FY10 enacted level of $113
million. The Administration justifies this proposed budget cut by
pointing to Recovery Act funding for BIE school construction needs.
However, we all know that one-time funding under the Recovery Act of
$277.7 million for BIE construction will not address the tremendous
backlog and that there needs to be sustained increased funding over
multiple years to truly address this need. \1\ Looking at the
Administration's FY11 request of $53 million, it only proposes
implementing a partial replacement of one school campus and a partial
of replacement of one school facility.
---------------------------------------------------------------------------
\1\ The Recovery Act authorized the issuance of $400 million in
qualified Indian school construction bonds ($200 million for each
calendar year in 2009 and 2010). The bonds provide tax credits to
investors in lieu of interest. However, to date, zero dollars have been
allocated. DOI indicates that it lacks the authority to establish an
escrow account to provide tribes with funding to pay bondholders. We
urge Congress to provide this authority to ensure that this opportunity
is not lost.
---------------------------------------------------------------------------
These cuts for Indian school construction represent a disturbing
trend that spans both the Bush and Obama Administrations and both
parties' control of Congress. The enacted levels for Indian school
construction over the past 7 fiscal years have steadily and rapidly
declined. The FY05 enacted level for Indian school construction was
$263.3 million, the FY06 enacted level was $208.9 million, the FY07
level was $204.9 million, the FY08 level was $142.9 million, the FY09
level was $128.8 million, the FY10 level was $113 million, and as noted
above, the proposed level for FY11 is an appalling $53 million.
The Administration's failure to request and Congress' failure to
appropriate sufficient funding for BIE school construction is
unconscionable in light of recent DOI Office of Inspector General
reports finding ``severe deficiencies'' at BIE schools that ``have the
potential to seriously injure or kill students and faculty and require
immediate attention to mitigate the problems.'' \2\ One-third of the
183 BIE schools are in poor condition and in significant need of repair
or replacement. Of the 4,495 education buildings in the BIA inventory,
half are more than 30 years old and more than 20 percent are older than
50 years. On average, BIA education buildings are 60 years old, while
the national average for public schools is 40 years.
---------------------------------------------------------------------------
\2\ Department of the Interior Office of Inspector General Flash
Report, Bureau of Indian Affairs and Bureau of Indian Education:
Schools in Need of Immediate Action, C-IN-BIA-0008-2007 (May 2007)
(emphasis added).
---------------------------------------------------------------------------
While we understand budgetary constraints, the Administration's and
the Congress's strategy to counter the recession has been to stimulate
economic growth through construction projects that create jobs and that
provide skills for workers. The replacement of our High School--and
other BIE schools for that matter--fit perfectly within the economic
recovery strategy; however, the funding requested by the Administration
and provided by the Congress for BIE school construction does not even
make a dent in the construction backlog. Instead, it seems that we are
going backwards not forwards in meeting the educational needs of Indian
students, which includes providing adequate facilities that foster
learning.
As noted above, the United States owes our students the opportunity
to attend school in a safe environment that maximizes their educational
opportunities. Instead, our students attend high school in a sub-
standard, dangerous environment that is not conducive to learning. This
affects their self-worth, creates feelings of inferiority, and sends a
message to them that their education and even their lives are
unimportant. Our hope is that this hearing will shine a spotlight on
this problem and that, as a result, the Administration and the Congress
will work together to quickly develop a comprehensive plan of action to
address the construction needs not only at the Bug O Nay Ge Shig High
School but also at all other BIE schools. The Federal Government's
responsibility for the education of Indian people is in response to
specific treaty rights; and anything less than full funding of Native
education programs signifies increased negligence of its trust
responsibility.
Recommendations
Due to the serious health and safety concerns at the Bug O Nay Ge
Shig High School, the BIA should ensure that the replacement of the
High School is one of its highest priorities.
Further, the United States should address the tremendous backlog in
BIE construction. The only way that this backlog can be addressed is if
the Administration and the Congress work together aggressively to not
only develop a comprehensive multi-year plan but also to adequately
fund its implementation. An example of a comprehensive plan is the
Indian Health Service's 5-year priority construction list, which it
updates once a year. Even though there is a construction backlog at
IHS, at least there is transparency. In addition, IHS works
cooperatively with tribes so that they know the status of their health
care facilities projects at IHS, which is not the case with the BIA.
However, a plan is only as good as its execution, and the
Administration and the Congress must commit to implementing it.
Conclusion
As you know, Indian tribes ceded millions of acres in exchange for
adequate education, health care, and other basic services. The failure
to meet these obligations is jeopardizing an entire generation of
Indian children. We thank you for your efforts to ensure that the
United States lives up to this solemn responsibility, and look forward
to working with you and the Administration to rebuild BIE schools and
provide a safe learning environment for our children.
The Chairman. Mr. Bongo, thank you very much. I appreciate
your kind words, and certainly appreciate your testimony.
Next we're going to hear from Lindsey White. Lindsey is a
student at the Bug-O-Nay-Ge-Shig School. I hope I have that
right. You can say it better than I can, Lindsey, I'm sure. But
we appreciate your being here to give us the perspective coming
from a student, so you may proceed.
STATEMENT OF LINDSEY WHITE, STUDENT,
BUG-O-NAY-GE-SHIG SCHOOL
Ms. White. I'm currently a senior at the Bug-O-Nay-Ge-Shig
School, and I've been there 12 years, kindergarten through 12th
grade, and quite frankly, I'm pretty amazed at how long we've
had that school there. To me it doesn't look like a high
school, it's like what Mr. Bongo said, a barn, a garage.
Inside, like you've seen in these pictures here, the one to
the left is our science room. All you see, all the wires,
there's nothing really covering the floor, there's just metal
there, and there's ground, and that's about it.
Over on the right is our English class. Nothing really
there either. A lot of our classrooms are like this. And like
also what Mr. Bongo stated earlier, that currently, as we
speak, our ceilings in our rooms are leaking, and this is
causing water damage on our floors and our ceilings. And a lot
of our rooms, too, in our classrooms, it's hot in one room, and
then when we change classes it's cold in the next. There's no
stable temperatures.
And it's kind of hard to go to class,because we have to go
walk from the high school and all the way to our main building.
That's pretty faraway. We have to do that in our drills. We
have to run from the high school all the way down to the main
building just for a tornado warning, like when we have to do
drills. It's pretty hard. For me it's a distraction.
A lot of things we have in our school, our high school,
give me headaches. A lot of our classmates can agree. There's
not windows in our classrooms. It's not comfortable.
What else? I don't know, but I've been in school for a long
time, as I've said, and it's just, like Mr. Bongo said, it's
kind of laughable, because many times I've heard throughout my
school, my education, I've heard, yes, we're going get a new
school here, yes, we're going to get a new school, but never
happened. I don't know.
And one thing, though, I like about my school, even though
it's the way it is, the teachers are nice. I love my teachers.
But it's kind of hard to work with all these distractions and
conditions. It's distracting.
I just wish that we get a new school, especially for the
younger kids, so they don't have to go to school in these
conditions where it's hard to concentrate, hard to learn.
And in the winter sometimes it's really hard, because it's
like really cold in our building. We have to wear our winter
coats in our room.
And whatever questions you may have for me, I would like to
answer them.
[The prepared statement of Ms. White follows:]
Prepared Statement of Lindsey White, Student, Bug-O-Nay-Ge-Shig School
Hello, everyone. My name is Lindsey White. I'm a member of the wolf
clan and I live in Cass Lake. I am currently a senior at the Bug-O-Nay-
Ge-Shig School. Thank you for the invitation and opportunity today to
represent my school.
I've been attending the Bug-O-Nay-Ge-Shig School for the past
thirteen years. All thirteen years I've been told that education is
very important, but it's hard for me to believe this when I see how my
school looks compared to the other local schools.
The Bug-O-Nay-Ge-Shig School was formed in 1975. My school was not
constructed with the intention of being a long-term structure for a
high school. It is a metal-clad temporary structure that was built over
twenty years ago. Today we have almost three-hundred Native American
students from across the many reservations around Minnesota.
Currently, the carpet in our high school is soaked with water
because leaks from the ceiling and the windows. Our building fails to
meet safety and security standards because this. We have air quality
issues that include mold and fungus. This cannot be safe for our
students and staff. Also, our heating and cooling system is
insufficient. Another safety concern is the lack of security during
emergencies. There are no ``safe'' areas in our building to use during
an emergency or disaster; we often have to run to the elementary
building during severe weather. Students and staff have also seen
evidence of rodents in our building. Our school also lacks up-to-date
communication technology and basic integrated alarm systems. Large
group school and community meeting areas are insufficient as well; we
have to meet in the gym, which is located almost a quarter mile away,
or crowd into a small room in our high school building.
All of these problems have effected my education in a negative way.
Many of the classrooms I'm in lack windows, which makes the air stuffy.
With an insufficient heating and cooling system, I have some classrooms
that are very cold and others that are very warm. This is distracting
when trying to do my work. The many fluorescent lights give me a
headache when I'm trying to concentrate in class. Our hallway has
uneven floors. This creates safety issues for students and staff
walking through our hallways. Overall, the quality of our high school
building is in poor condition. When students are expected to attend and
work in a school like ours, it's very difficult to work and take school
seriously when our building is in the shape that it is.
For me, as a student going to school in these conditions, it is
frustrating because these things are distractions and take away from
our academics. It's disappointing that our classrooms are small and
inadequate. I am embarrassed that our school is this way, when many
other schools look more like a high school should. Despite these
serious concerns, our school provides a quality education when we don't
have to worry about safety issues. The Bug School focuses on
integrating culture into academics. Students have the opportunity to
participate in classes such as seasonal activities, Ojibwe Language,
drum and dance, cultural arts, and Ojibwe History. We also have a
language immersion program.
In closing, I want to say we deserve a building that is secure and
safe. Our education is just as important as anyone else's. Because we
choose culture as a part of our education, we should not suffer a
second or third rate building. If education is a priority, why has
nothing improved in our high school building after so many years?
Again, thank you for this opportunity to represent my school and
for listening.
Miigwech Biizendawieg
The Chairman. Lindsey, thank you very much. We appreciate
you taking the time on a Saturday to come as a student and
participate in a hearing to talk about education.
Next, and finally, we'll hear from Marty Mullaney, who is a
board member of the Modular Building Institute in
Charlottesville, Virginia, and I might mention one of the
reasons that we've asked Mr. Mullaney, and we appreciate him
traveling to be here, is our Committee has been very interested
in this question of what are the costs, how are you able to
provide good facilities at a lower cost, and modular
construction is something we'd be very interested in the areas
of law enforcement and schools and so on, so Mr. Mullaney,
thank you for being here. And you're very close to North
Dakota, and I'm sure you're pleased about that.
Mr. Mullaney. Yes.
The Chairman. Wonderful state. And pleased to be here in
Minnesota as well, I should say. Mr. Mullaney, you may proceed.
STATEMENT OF HON. MARTY MULLANEY, PRESIDENT,
SATELLITE SHELTERS; BOARD MEMBER, MODULAR
BUILDING INSTITUTE
Mr. Mullaney. Thank you. Thank you, Chairman Dorgan and
Senator Franken. As you mentioned, I'm representing the Modular
Building Institute today. My real job is president of Satellite
Shelters based in Plymouth, Minnesota, so I'm actually not too
far from home, and unfamiliar with the territory.
I just want to step back for a second, and having heard the
testimony of the three people beside me here, I had to think
that for myself, and I can't speak for Mr. Rever, it would be
unlikely that I would be sitting here today had I had the
challenges that these folks have had in attaining a good
education, and it's been enlightening testimony for myself.
Commercial buildings, commercial modular buildings, are
basically nonresidential structures, 60 to 90 percent developed
in a factory, delivered onsite and installed; thus, the ability
to get some serious costs out of school construction and other
applications as well.
About two years ago I actually met Mr. Rever in Albuquerque
at the Bureau of Indian Affairs, and we had a good discussion
on how we could possibly participate in helping the Indian
reservations in achieving their goals of more--better quality
buildings, more cost efficient, and timely. I couldn't help but
remember the comment you made, I think you mentioned 23-year
backlog or something like that, and the current processes, and
it's a frightening situation.
As a result of the meeting a couple years ago, the BIA did
put out two requests for proposals for permanent modular
campuses. I noticed down the road here you've got a couple of
the modular classrooms that Michael was referring to, and
they're not the highest, best quality, I can tell you by
looking from the outside, but it's a start. It's like asking
the cost of a house. We can build this building or those two
classrooms down the road in modular.
I'd like to discuss the two main advantages of modular
schools. Time advantages, which addresses one of the issues
brought up earlier. Ability to deliver to a remote location
appears to be an issue as well, getting a workforce that you
need.
Unique to modular construction is the ability to
simultaneously construct the floors, walls, ceilings, rafters,
at the same time. During site-built construction, walls can't
be set until the floors are set and so on. On the other hand,
with modular construction, walls, floors, ceilings, rafters, go
up at the same time, brought together in one piece and
installed on site. This, in time perspective, 30 to 40 percent
less time for a standard school building from start to finish.
And because we build this in a controlled environment, and
certainly the folks in this territory can appreciate this, we
don't slow down much in the harsh winter months. As a result,
again, a major cost savings.
One of the issues that always comes up with modular
construction, is it as good as original construction? And I can
tell you that there was recently a request from the National
Institute of Standards and Technology, and that report came out
very favorable in recommending modular as one of the innovative
processes that Senator Franken mentioned earlier.
Some of the advantages that they, an independent third
party, came up with: More controlled conditions for weather,
quality control, improved supervision of labor, and easier
access to tools.
Fewer job site environmental impacts because of reductions
in material waste, air and water pollution, dust and noise, and
overall energy cost. There was an offsetting point to that that
they pointed out, and that's the energy related for
transportation, as well as energy expended at the factory.
Compressed project schedules. Fewer conflicts in work crew
scheduling and better sequencing of crafts and other persons.
And I will make a comment there, that we talked about with Mr.
Rever, the ability to hire local skilled tradesmen as well as
unskilled tradesmen to help with the installation of the
building.
And increased worker safety, reduced exposure to inclement
weather, temperature extremes, and so on. We've included in
attachment one in the handout you've got that goes through
that.
Another key advantage to modular construction is our
industry's ability to deliver in remote locations. Because a
majority of the structure is built offsite, finding a skilled
laborforce again is a difficult process in many areas.The
modular building industry can hire locally.
Our industry successfully placed buildings in all areas of
the globe, from the driest deserts in South America to the most
severe winter climates in northern Canada and Russia. It is
because of this ability to deliver to remote locations, and our
shorter construction schedule, that many are looking to our
industry for a big role in building in Haiti and Chile as well.
The industry group that I represent represents about 300
private commercial companies around the United States. We've
also provided a map to member locations as well.
In just concluding my remarks, we're well positioned to
help deliver quality schools to remote locations in a much
shorter time frame than conventional construction projects. I
won't sit here and tell you today that modular is the answer in
every application, but it's certainly an opportunity to
consider when you're considering any application.
We believe our record of performance on past projects with
the BIA and others should give you some level of confidence
that modular should be one of the innovative solutions to be
considered as we move forward.
Again, I want to thank you for your time, and once again,
if we all had an advocate like Lindsey representing our topic,
we would be much better off. Thank you.
[The prepared statement of Mr. Mullaney follows:]
Prepared Statement of Hon. Marty Mullaney, President, Satellite
Shelters; Board Member, Modular Building Institute
Chairman Dorgan, Vice Chairman Barrasso, and Members of the
Committee, I am Marty Mullaney, President of Satellite Shelters, Inc. a
national provider of commercial modular buildings headquartered in
Plymouth, Minnesota. I am testifying today as the past president and on
behalf of the Modular Building Institute-a national non-profit trade
association established in 1983 representing commercial modular
construction companies.
MBI appreciates the opportunity to speak to the Committee on ways
to help provide high quality schools to remote locations in an
efficient and timely manner.
Commercial modular buildings are non-residential structures, 60
percent to 90 percent completed off-site in a controlled environment,
and transported and assembled at the final building site.
About two years ago, our industry began conversations with the
Bureau of Indian Affairs on how we could help the agency better achieve
its goals. A large part of that conversation was educating key staff on
the fact that the modular construction industry provides both temporary
facilities as well as permanent structures.
As a result, the BIA recently issued two RFPs specifically for
permanent modular campuses in Kaibato and Wide Ruins Arizona. In fact,
our industry has successfully delivered on many permanent school
construction projects across the country including several in remote
locations.
I'd like to discuss two main advantages of modular schools with you
today:
1) Time advantages of the modular construction process.
2) Ability to deliver facilities in remote locations in an
efficient manner.
Unique to modular construction is the ability to simultaneously
construct a building's floors, walls, ceilings, rafters, and roofs.
During site-built construction, walls cannot be set until floors are in
position, and ceilings and rafters cannot be added until walls are
erected. On the other hand, with modular methods of construction,
walls, floors, ceilings, and rafters are all built at the same time,
and then brought together in the same factory to form a building. This
process often allows modular construction times of half that of
conventional, stick-built construction.
And because construction occurs in a controlled environment,
weather delays are minimized and the construction season is extended,
even into harsh winter months. As a result, the typical modular
construction schedule is about 30 percent shorter than a comparable
stick-built project.
Recently, the National Institute of Standards and Technology (NIST)
requested that the National Research Council (NRC) appoint a committee
of experts to provide advice for advancing the competitiveness and
productivity of the U.S. construction industry. The committee
identified five breakthroughs to improve the efficiency and
productivity of the construction industry, including ``Greater use of
prefabrication, preassembly, modularization, and off-site fabrication
techniques and processes.''
Advantages of modular construction cited in the NIST report
include:
More controlled conditions for weather, quality control,
improved supervision of labor, easier access to tools, and
fewer material deliveries (CII, 2002);
Fewer job-site environmental impacts because of reductions
in material waste, air and water pollution, dust and noise, and
overall energy costs, although prefabrication and related
technologies may also entail higher transportation costs and
energy costs at off-site locations;
Compressed project schedules that result from changing the
sequencing of work flow (e.g., allowing for the assembly of
components off-site while foundations are being poured on-site;
allowing for the assembly of components off-site while permits
are being processed);
Fewer conflicts in work crew scheduling and better
sequencing of crafts persons;
Reduced requirements for on-site materials storage, and
fewer losses or misplacements of materials; and
Increased workers safety through reduced exposures to
inclement weather, temperature extremes, and ongoing or
hazardous operations; better working conditions (e.g.,
components traditionally constructed on-site at heights or in
confined spaces can be fabricated off-site and then hoisted
into place using cranes) (CURT, 2007).
The summary to this report is included as Attachment One.
Another key advantage to modular construction is our industry's
ability to deliver facilities in remote locations. Because a majority
of the structure is built off site, finding a skilled labor force in
remote regions is less of a concern. However, the modular industry can
work with local general contractors for portions of the site work,
foundations, and set-up of the building to ensure local labor benefits
from the project.
Our industry has successfully placed buildings in all areas of the
globe, from the driest deserts in South America to the most severe
winter climates in northern Canada and Russia. It is because of our
ability to deliver to remote locations and our shorter construction
schedule that many are looking at our industry to play a big role in
rebuilding efforts in places like Haiti and Chile.
The MBI represents about 300 companies all across North America and
is well positioned to help on any school project. Attachment Two shows
a map of MBI member locations.
Conclusion
The modular construction industry is well positioned to help
deliver quality school projects to remote locations in a much shorter
time frame than conventional construction projects. The industry can
deliver both temporary facilities and permanent campuses built to meet
all local, state, or tribal requirements. We believe our record of
performance on past projects should instill a level of confidence in
the Committee as well as the BIA that considerations for future
education buildings and other applications will include a modular
solution. On behalf of the MBI, as well as Satellite Shelters, I thank
you for your time and attention.
Attachment 1
Summary
In 2008, the National Institute of Standards and Technology (NIST)
requested that the National Research Council (NRC) appoint an ad hoc
committee of experts to provide advice for advancing the
competitiveness and productivity of the U.S. construction industry. The
committee's specific task was to plan and conduct a workshop to
identify and prioritize technologies, processes, and deployment
activities that have the greatest potential to advance significantly
the productivity and competitiveness of the capital facilities sector
of the U.S. construction industry in the next 20 years. \1\
---------------------------------------------------------------------------
\1\ The capital facilities sector includes commercial (including
high-rise and multifamily residential), industrial, and infrastructure
projects. It does not include single-family and low-rise residential
projects.
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Because the concept of productivity can be difficult to define,
measure, and communicate, the committee determined that it would focus
on ways to improve the efficiency of the capital facilities sector of
the construction industry. It defines efficiency improvements as ways
to cut waste in time, costs, materials, energy, skills, and labor. The
committee believes that improving efficiency will also improve overall
productivity and help individual construction firms produce more
environmentally sustainable projects and become more competitive.
To gather data for this task, the Committee on Advancing the
Competitiveness and Productivity of the U.S. Construction Industry
Workshop commissioned three white papers by industry analysts and held
a 2-day workshop in November 2008 to which 50 additional experts were
invited. A range of activities that could improve construction
productivity were identified in the papers, at the workshop, and by the
committee itself. From among these, the committee identified five
interrelated activities that could lead to breakthrough improvements in
construction efficiency and productivity in 2 to 10 years, in contrast
to 20 years. If implemented throughout the capital facilities sector,
these activities could significantly advance construction efficiency
and improve the quality, timeliness, cost-effectiveness, and
sustainability of construction projects. Following are the five
activities, which are discussed in the section below entitled
``Opportunities for Breakthrough Improvements.''
1. Widespread deployment and use of interoperable technology
applications, \2\ also called Building Information Modeling
(BIM);
\2\ Interoperability is the ability to manage and communicate
electronic data among owners, clients, contractors, and suppliers, and
across a project's design, engineering, operations, project management,
construction, financial, and legal units.
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2. Improved job-site efficiency through more effective
interfacing of people, processes, materials, equipment, and
information;
3. Greater use of prefabrication, preassembly, modularization,
and off-site fabrication techniques and processes;
4. Innovative, widespread use of demonstration installations;
and
5. Effective performance measurement to drive efficiency and
support innovation.
The five activities are interrelated and the implementation of each
will enable that of the others. Deploying these activities so that they
become standard operating procedures in the capital facilities sector
will require a strategic, collaborative approach led by those project
owners who will most directly benefit from lower-cost, higher-quality
sustainable projects, namely the large corporations and government
agencies that regularly invest hundreds of millions of dollars in
buildings and infrastructure.
Attachment 2
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairman. Mr. Mullaney, thank you very much. I
neglected at the start, but I do want to now introduce Allison
Binney, who is with us, who is the Staff Director of the Indian
Affairs Committee. Allison is right----
Ms. Binney. Right behind you.
The Chairman. She's right back here. She does an
extraordinary job. She's from a tribe in California. She's a
lawyer, and has been the Staff Director for us for six years.
And I did not mention at the start of this hearing that in
this Congress, we have passed for the first time in I think 18
years the Indian Health Care Improvement Act, we've passed the
Tribal Law and Order Act, we have reauthorized the Indian
Housing Act. It is the most productive Congress on major Indian
issues in several decades, and that's due to some extraordinary
staff work and some members of the Committee such as Senator
Franken and others who have decided to help make this Committee
work the way it should work. At a time when people complain
about Congress not getting much done, it's not true with
respect to Indian policy. As I said, Indian health care
improvements, tribal law and order, housing, we're making
progress.
Denise Desiderio is with us as well from the Indian Affairs
Committee, who works on these issues and does a great job.
Let me call on Senator Franken for questions, and he may
wish to introduce his staff. I know that staff for Congressman
Collin Peterson is here, if I could ask them to stand up and
introduce themselves?
Ms. Josephson. I'm Sharon from Congressman Peterson's
office.
The Chairman. Sharon, thank you very much, and thank you
for the work you and Collin do on Indian issues as well.
Senator Franken?
Senator Franken. Thank you, Mr. Chairman, and we are proud
of especially the work we've done on passing some major
legislation in law enforcement and health care, but we have so
much to do.
And I would like to recognize some of my staff that's here:
Bidisha Bhattacharyya, who is on my staff, and Amy Hang.
Bidisha's in Washington, and Amy Hang who does that job here in
Minnesota so well.
Part of doing our job here is probably to try to sort some
of the what I see as dysfunction in the BIA and the BIE and
Indian Health Services. And it's easy to point blame. I think
Mr. Bongo talked about OMB pointing at BIA and vice versa, and
I don't really want to do that today. I want to find out some
stuff. I want to move toward solving some of this.
And just on a general note, Mr. Rever, do you understand
the kind of frustrations that you hear from Chairwoman Vizenor
and Mr. Bongo? I mean those aren't new to you, right?
Mr. Rever. I would like to say they are new to me, Senator,
but the fact of the matter is that with 63 schools in poor
condition, it's not uncommon for me to spend a lot of my time
on the road visiting schools, because I want to see for myself
the condition, what is needed to bring them into acceptable
condition, and yes, I do hear complaints about the priority
list, how it's established, the rules, are we on or are we off,
and that's why the negotiated rulemaking committee that's
meeting now, which is compromised of 25 representatives from
Indian tribes from across the country, are in a committee. I'm
just a committee member. The Chairmen are American Indian
citizens.
Senator Franken. Okay. But this history, let's do some
history, and maybe I'll back up a little bit. Let's talk about
the trust responsibility of the Federal Government. Chairwoman
Vizenor, I'd love for you to talk about it, and Mr. Bongo. The
original deal here was that in exchange for their lands, that
in perpetuity, the education and health care of Native peoples
would be taken care of, right?
Ms. Vizenor. Yes.
Mr. Bongo. Yes.
Senator Franken. So that's why we're talking about this is
our responsibility, this is the responsibility of everyone, of
everyone in the United States. Part of the deal. You paid for
your schooling, for your kids' schooling, in the perpetuity as
part of this deal, and we're just not keeping our end of the
deal.
Now, I personally felt the same frustration on these lists,
I'm sure not as deep as the Chairwoman and Mr. Bongo, but our
office kept trying to find the list. I mean I'm a United States
Senator, on the Indian Affairs Committee, calling your office
and not being able to get the list. Now, this committee, when
is it scheduled to have its rules finished?
Mr. Rever. We anticipate that the committee will finish its
meetings about this time next year,and perhaps by the end of
the year have the recommendations on the formulation of the
priority list to the Secretary of Interior.
Senator Franken. Why should it take that long?
Mr. Rever. The schedule of the committee, with the 25
members, is about once every three months, meeting across the
country in various locations, in a consultative manner, to hear
from local tribes and tribal members on what should constitute
the rules for establishing the list. It is a prolonged process.
Senator Franken. This is under No Child Left Behind?
Mr. Rever. Yes, sir, it is.
Senator Franken. And when was that law written?
Mr. Rever. My memory fails me. Near 2003, though.
Senator Franken. And this law in making the rules has been
on the books since then, hasn't it?
Mr. Rever. It has.
Senator Franken. So we're talking about the end of 2011 for
a law that was written in 2001? That's 10 years to promulgate
the rules. Can you see the root of the cynicism and impatience?
That actually is a question.
Mr. Rever. Yes, sir, I understand the frustration.
Senator Franken. Okay. Mr. Bongo, the school that Ms. White
goes to, it's been on the list, on and off the list, right? And
let's make it clear what this list is, please, or purports to
be.
Mr. Bongo. That's a difficult question to answer directly,
Senator, primarily because from what I can gather, and just
hearing my colleague, Chairwoman Vizenor, when we approached
the Bureau about the deplorable conditions of our school and
the need for the new school, I can only characterize it as we
were put through the BIA playbook for new school requests. By
that I mean--it sounds like they went through the same thing.
You're on the list. No, you're not on the list. No, there isn't
a list. Can you be a little more definitive? I still am waiting
to see the list myself.
Senator Franken. Chairwoman Vizenor, let me ask you how
responsive BIA is to--just to when you're trying to respond to
submitted plans for constructions of the school and things like
that.
Ms. Vizenor. For the past 10 years I've been involved,
except for two years when I wasn't in office, but for the past
eight years I've been actively involved, working hard to get
the funding for a new school at White Earth. We've had to take
tribal attorneys to Albuquerque, we've had to sit on telecom
meetings and ask and ask and ask, and continually we don't
know. Our education director is here today as well, and you
know, over the past six years that I've been Tribal Chair, I
have called her at least every two weeks, ``Where are we with
the Circle of Life School? '' We're cut down on the funds
because of the student projections.
Senator Franken. Now, let's talk about these projections
for a second.
Ms. Vizenor. Okay.
Senator Franken. The projections are based on the fact that
kids have left the school because the school's in such
deplorable condition?
Ms. Vizenor. Exactly. Yes, Senator.
Senator Franken. But if you had an actually really well-
built school there, then more kids would come, right?
Ms. Vizenor. Absolutely.
Senator Franken. And so the plan should be for a larger
school. Now, I want to read from something that I have here. In
White Earth's contract with BIA for the construction now that's
been approved, the agency has 21 days to respond to each of the
Tribe's submitted plans for construction of the school, yet
there have been instances where the BIA has taken over two
months to reply. In other cases the Tribe has received no
comment or response at all. Is that true?
Ms. Vizenor. Excuse me. Would you repeat that again? I'm
sorry.
Senator Franken. Okay. In White Earth's contract with the
BIA for the school construction, this is once you got funding,
in the contract, the agency, the BIA, has 21 days to respond to
each of the Tribe's submitted plans for construction of the
school, yet there have been instances when the BIA has taken
over two months to reply, and in other cases the Tribe received
no comment or response at all. Is that true?
Ms. Vizenor. That's correct, Senator.
Senator Franken. Now, Mr. Rever, what accounts for this
lack of responsiveness on the part of the BIA Regional Office
in Albuquerque?
Mr. Rever. Senator Franken, I'm not familiar with the
circumstances of the Circle of Life School and the
responsiveness or non-responsiveness. I would say that during
the immediate past year and a half, the Circle of Life School,
the prolonged period of time to get it under construction after
the planning phase ran into the largest single appropriation in
Indian Affairs education construction history, and that was the
Recovery Act. Sir, $280 million, 14 major projects, 4 new
schools, a total of 141 projects. I don't have an infinite
staff, and so there are going to be delays during that period.
I will attribute some of that to just the physical
overwhelming----
Senator Franken. You're too busy because you're flooded
with money?
Mr. Rever. Well, sir, we're not flooded with money, we're
flooded with work, and 141projects is a significant workload
for any organization that doesn't have a staffing increase to
meet it, and----
Senator Franken. And one of the projects is not to replace
Bug-O-Nay-Ge-Shig School, even though it had been on the list
at some point, right?
Mr. Rever. I'm not aware that it was on any list that I'm
familiar with, that I'm aware of, no, sir.
Senator Franken. Mr. Bongo?
Mr. Bongo. The BIA playbook for new school requests. It's a
shell game. One minute you're there, and the next minute you're
not even on the face of the planet.
Senator Franken. You know, my office had terrible problems
to get the list, and I would urge you to put these online and
not have this lack transparency anymore.
Mr. Rever. Yes, sir. Mr. Franken, Senator, as a result of
the earlier hearing we had, and at your request, we did put
those online. They are available. It's by Facilities Condition
Index. It lists all 63 or 64 schools as of today in poor
condition.
Senator Franken. And is Bug-O-Nay-Ge-Shig on that list?
Mr. Rever. It is, sir.
Senator Franken. And where is it?
Mr. Rever. The last time I looked on the Facility Condition
Index order, which is not the priority order that we would
attach to schools, it ranked probably in the bottom 25 percent
based on Facility Condition Index standards to measure the
schools.
Senator Franken. Let's get to the cost of these schools.
You told my staff earlier this year it costs approximately 30
to 50 million dollars to replace a BIE school, and there's only
$52.8 million in the President's budget for Indian school
construction for this year, so we have an enormous cost per
school, and barely any money in the budget to fund
construction. Is it your experience that the costs replacing a
BIE school is comparable to costs associated with building
schools in non-tribal areas?
Mr. Rever. It is in rural areas, Senator Franken. Our cost
experience is no different than most others in building
schools. We've compared ourselves to state cost in the rural
communities and others. Even in Indian Country, though, there
are some unique costs for things such as utility systems to
support them, roads, and infrastructure. We're dealing in very
remote locations in which the infrastructure is not up to the
standards necessary to support modern-day construction and
operation of education facilities, so a good portion of the
dollars that we devote to our construction projects goes to
building infrastructure, not to support it, which also benefits
the Tribe because of the distribution of lights, water, sewer
system, roads, and sewage treatment. I mean those are all
advantages to the whole community when we get around to being
able to build them. And that does add to the cost of the
schools.
Senator Franken. So many of these communities don't have
that basic infrastructure, is what you're saying?
Mr. Rever. They don't have enough to support it. For
instance, sir, it's not uncommon in small communities that go
back 60 and 70 years to have single-phase electric service. We
don't build anything anymore that can get by with single-phase
electric service. We're now talking three-phase service. I mean
there's heating, ventilating, air conditioning, all of the
systems that have to go into it. Even lighting in the parking
lots. All of these add to what's necessary to build a new
school today.
Senator Franken. Mr. Bongo, you seem to have something you
wanted to say.
Mr. Bongo. Yes, Senator Franken, Mr. Chairman. I was handed
some information here that could be of interest.
Of the 141 projects that Mr. Rever spoke of, none of those
projects were in Minnesota. Of the 25 representatives from the
rulemaking committee, not one is from the Upper Midwest.
If the Bug-O-Nay-Ge-Shig School truly is in the lower 25
percent of school replacements, I shudder to think what the
other 75 percent must look like, because if the Bureau has
allowed our children to go to school in this type of
environment, and this is in the lower third of replacements on
the list, can you imagine what the other two thirds must look
like?
Senator Franken. Is the 25 percent the worst 25 percent or
the best 25 percent of the 100 percent that are on the list? I
just want to make sure we know what we're talking about here.
Mr. Rever. And a word of clarification is probably
necessary, Senator. In the list of 63 schools, the school ranks
somewhere around 42 in the condition assessment, being that
there are 40 schools in worse condition than the Leech Lake
school.
Senator Franken. I have a list, and actually it says
something quite the opposite. 64, and it puts----
Senator Franken. Oh, it's non-prioritized?
The Chairman. It's alphabetical.
Senator Franken. It's alphabetical. Okay. Then Bug-O-Nay-
Ge-Shig would be up there, then, wouldn't it? Okay.
Let's talk about the cost of these schools, and that's why
you're here, Mr. Mullaney.
Mr. Mullaney. Okay.
Senator Franken. What are the pros and cons? And Mr. Rever,
I want you to answer this, too. Obviously, if you build a
school entirely on tribal land, part of the cost is labor, and
maybe even training labor, but Chairwoman Vizenor, that would
be something good, right?
Ms. Vizenor. It would be. When we have construction on our
reservation, we put our local people to work. We have high
unemployment, and we could have all prefab housing if
employment wasn't a consideration.
Senator Franken. Right.
Ms. Vizenor. And the same goes for schools. I think with
the school, modular schools, they are probably good buildings
and facilities for--I wouldn't consider that, because we want
to build a school that's culturally appropriate. Our design,
our atmosphere, I don't know if they build culturally-
appropriate schools.
Senator Franken. You design to specifications, can't you?
Mr. Mullaney. Yes, Senator Franken. In fact, the industry
itself has migrated from your single classroom trailer to
permanent facilities. And in fact, I'll be glad to supply the
handouts of permanent schools we've done that could have been
done with general construction, but were modularized, and
frankly, if I put the pictures side by side, no one in this
room could tell the difference of whether they were built in
the plant or built on the site.
Now, to be fair to your concern about putting all your
people to work, that would be an issue where we do 30 to 40
percent on site, and the opportunities for employing multiple
workforce are not as great as traditional construction.
Senator Franken. And there's nothing, obviously, you can do
about the kinds of infrastructure costs Mr. Rever's talking
about?
Mr. Mullaney. Completely separate.
Senator Franken. Yes. Okay. Ms. White, and I feel like I'm
going on a little long, but the Chairwoman talked about the
attrition, loss of kids, at their school, Circle of Life
School, because of the conditions, and that parents wanted
their kids to go to a school that was in better condition. Have
you experienced that during your 12 years at your school?
Ms. White. Yes, I have, actually. Like growing up, when I
was in elementary school, when I was in middle school, like
other kids from other local schools, and even now today, I can
hear some people, ``You go to Bug School,'' like I'm stupid.
Senator Franken. So in other words, your school's kind of
known as----
Ms. White. The dumb school. Even though there are many
people that are just as smart as any other Native American
school, or non-Native, and it's kind of insulting, really.
Senator Franken. Does it have that reputation because of
the physical plant, or because of the----
Ms. White. Yes, that and a lot of parents I've met don't
want their kids going there because it looks the way it does,
and they just want them to go to a better looking school.
Senator Franken. And do kids ever think of themselves, why
is this place like this? Why is it cold in this room?
Ms. White. Yes.
Senator Franken. Why is it hot in this room? Why in the
winter is it so cold, it's just so cold, and is it because I'm
an Indian, because I'm Native American, in other words, does
this get to an issue of self-esteem? I mean this is a very
personal question, and I'm asking you maybe to interpret too
much, or is there ever any discussion like that?
Ms. White. Yes. With me in some of my classes we ask like
why is this room too hot, on some days when we think it's too
hot, and others too cold. Personally, when I was younger, I
thought that. I just thought, because I see other schools being
helped, and I was like, why is my school not being helped? Does
the BIA care about my school? Do they even care? I just,
myself, I thought they didn't care.
Senator Franken. Thank you. Mr. Chairman?
The Chairman. Senator Franken, thank you very much. You've
covered a lot of ground here, and----
Senator Franken. Sorry.
The Chairman. But important ground as well. Ms. White, what
are you going to do next?
Ms. White. After school? Like after I graduate, or what?
The Chairman. Yes.
Ms. White. I'm applying to colleges right now, looking at
schools, but I was thinking of going to college for business,
and also probably law, because I want to come back to my
reservation later and help with the businesses, get more jobs,
and also help educate other people, and I also wanted to open
my own small business, to do bead work. I want to sell my
products and help people in the community and do those things.
Mr. Bongo. Mr. Chairman, another little-known fact about
her, she's also a quasi robotic engineer. She has built robots.
The Chairman. Are you familiar with FIRST Competition?
Ms. White. Yes.
The Chairman. Good for you. What's that?
Ms. White. I would also like to add, this past summer I
went to LEAD Summer Business Institute for three weeks at
Northwestern University, where I learned about business and
management. That really helped me, because that's what I want
to do in college.
The Chairman. Dean Kamen, do you know Dean Kamen at all?
He's America's modern Thomas Edison.
Ms. White. I've heard of him.
The Chairman. He's the person that started the FIRST
Competition, and he's going to be in Fargo in a couple of weeks
at a conference we're putting together, perhaps I can talk to
you afterwards. I hope you'll come.
Dean Kamen, though, he invented the Segway, he invented the
insulin pump, he invented the wheelchair that climbs stairs.
He's now inventing a new bionic arm for the military for
soldiers who have lost their arms and legs. He's today's Thomas
Edison. He's a remarkable man. We're going to have students
involved in the FIRST Competition, as part of that in Fargo, so
I hope you will come.
Well, that's an aside, you know, I'm inspired by your
desire to move on and do other things, and the fact is that
there shouldn't be any young American child, Indian or non-
Indian, that goes to a school that puts them at a disadvantage,
you know, goes to a school where desks are one inch apart, 30
to a room, in a school building that's condemned. I mean I've
seen all these things. I saw one today.
Chairwoman Vizenor, the school that we visited today has
previously been condemned. How many years have students worked
and studied in that school after it was condemned?
Ms. Vizenor. The school was condemned by state consultants
in 1999. It was not conducive to learning.
The Chairman. And 11 years later, students are going to
class and preparing to graduate for another year, that really
tells it all, doesn't it? That we have responsibilities that
we've simply not met.
Mr. Rever, the Economic Recovery Act which you described
gave a boost, which is helpful. By the way, the proposal on the
Economic Recovery Act had no money for American Indians. Zero.
We, Senator Franken and myself and others, got $2.5 billion put
in for Native American programs. Of that $2.5 billion, about
$280 million was used for education facilities. And that comes
as a result of our deciding you can't do this, you can't
possibly do this, try to jump start this economy, and put
people back to work, and build facilities and structures that
we need, and decide that Indians don't matter, because we made
a promise, signed treaties, we have trust responsibilities,
we've got to meet them.
Now, you indicated in your written testimony, that with the
$278 million we built three new schools, and in your oral
testimony you said four new schools. Is it three or four?
Mr. Rever. It's three, Senator. It's three total new
schools, but----
The Chairman. That's my question.
Mr. Rever. Yes.
The Chairman. And the three new schools,it appears to me,
if you're talking three schools and it took $134 million,
that's $45 million a school. Is that about what you're
spending?
Mr. Rever. You're close, yes, sir.
The Chairman. You know, it just seems tome we ought to be
able to do better than that, and that gets back to Mr.
Mullaney. You know, when we talk about modular construction,
we're thinking about a shed somebody hauls in behind the school
to handle the extra students.
Mr. Mullaney. Yes.
The Chairman. So why would we talk about that? And then you
say, well, it's not a shed anymore, and you will not
distinguish between a permanent building or a modular
structure. So if you put a modular structure up on this
reservation for for a new school, will it be around as long as
the $45 million or whatever it is that Mr. Rever's going to
spend to put up a new school somewhere?
Mr. Mullaney. Yes, sir, Mr. Chairman. In fact, we're doing
a lot of work for the Federal Government, specifically a lot of
barracks work on military bases, as well as headquarter
buildings. The requirement for that product is a 50-year
lifecycle, and that's what you have with general construction.
And that 50-year lifecycle has to be a certified 50-year
lifecycle. Now, I'm not going to tell you all the modular
products have a 50-year lifecycle, it has to be designed to
meet that criteria, but it's certainly a viable modular
solution.
The Chairman. Mr. Rever, so we have this rulemaking now,
and there's going to develop from that a new list, right?
Mr. Rever. Yes, sir.
The Chairman. Will it be a, quote, new list?
Mr. Rever. It will be a new list.
The Chairman. All right. And so how about those folks who
have been on it? Now, you'll say, and Mr. Bongo says, they say
different things. Mr. Bongo says I've been on the list. You say
you're not aware of that. Perhaps we can try to track that
down. And Senator Franken is absolutely right, it's very hard
to track down a list at your agency. But notwithstanding, when
a new list comes out, what about the schools that were near the
top of the old list?
Mr. Rever. Sir, it would be my expectation that they would
remain near the top of the new list. The list--if I may, sir?
The Chairman. Yes, and then also just respond, if you
would, to Mr. Bongo's question about nobody from Minnesota--
well, that's not surprising, there's 50 states, but nobody from
the northern region, so respond to that as well.
Mr. Rever. Well, my immediate response, sir, is to just
look at the number of schools in Minnesota compared to in
Navajo or other locations. I mean the numbers would indicate
that it would likely not be possible that money would be
devoted under the Recovery Act, because they weren't high
enough on the priority list to start out that we were using at
the time.
Now, I mean we just took the existing list and used that to
build the Recovery Act project. The way that I see that
priority list, and I'm speaking somewhat out of turn because
this is the Committee's decision, not mine.
The Chairman. I understand.
Mr. Rever. Is that we will, in accordance with Indian
Affairs policy, establish a worst first list, a list of all
schools, regardless of whether they need to be replaced,
repaired, or simply just put some money into to bring them up
to acceptable condition, and then take that list and say, okay,
we'd gladly look at each one of the schools.
Now, the Bug School, sir, needs to be replaced. I'll be the
first to tell you, there's no question in my mind, I've been
through the building, I understand that. And when its time
comes, it won't be improved or repaired, it will be replaced.
The question is, when does that time come? Well, you have this
list. Worst first priority. And then you let the engineers and
the program decide whether it should be repaired or replaced or
a combination of those two in order to provide an adequate
facility.
Right now, the way the program budget is based,
unfortunately it's based on the 2004 priority list, which is
for replacement schools. It doesn't even talk about improve and
repair projects. It's just replacement schools. So now we're
faced with a problem, and I'm the first to tell you that we
need a new method of coming up with a priority list, and it
needs to be one list, and then you decide how you're going to
create it.
The Chairman. I understand that you only have the money
Congress provides you. I understand that. On the other hand,
you know, the hearing that I held in Washington, you were there
and Larry Echo Hawk was there. I mean I saw conditions in
schools in which fire alarms didn't work, and you know, things
that were just intolerable to parents, students, and I assume
to those that run the program, and so somebody has to blow the
whistle here to say to Congress, Are you nuts? You're going to
sit by and some day see a school go up in flames and see kids
lose their lives, and then you're going to wonder how it
happened and why it happened. You had all the information.
Somebody's got to be blowing whistles here to say this is
not right. And so the question is how do we do that? I have an
alphabetical list of 63 schools. Doesn't mean anything to me
much in terms of what's the relative deficiencies. If the Bug
School, as Lindsey calls it, is in the bottom third or so, that
means these are all in poor condition, it means there are 40
that are in worse condition, and you say this one has to be
replaced or would be replaced. Almost inevitably, then, the 40
above it would be replaced, and you're talking about spending
40 and 50 million dollars a school. Does that mean that the so-
called Bug School might be around here another 15 years, trying
to teach kids like Lindsey when they're wearing their coats in
the winter? I mean somebody's got to blow the whistle here and
say this is not right, and it's not safe for the kids. It's
injuring their education, and it puts kids at risk.
Mr. Rever. May I respond, sir?
The Chairman. Yes.
Mr. Rever. The reason that we look at the Bug School to be
replaced is the construction of the school. It's not conducive
to meet current code requirements, nor provide a satisfactory
education because of its current construction. We have a large
number of schools on that list that are old but structurally
sound, and are worth improving and repairing rather than
replacing the whole school. And so that's where the $1.3
billion comes from.
It's not our intent to build all new schools. Sir, we would
never get there. But the $1.3 billion is to improve and repair
some and replace others as we go through the priority list.
Now, I would also like to point out, sir, to the Committee,
two things. One is that, as Mr. Mullaney mentioned, I started
talking to the modular building industry two years ago. We just
awarded our first construction contract to a school which will
include elements in modular construction. We are also looking
at innovative construction techniques, new roofing materials,
new wall materials, all in an effort to address the cost of
construction, which largely we can't control, because the part
of the market that controls it, the world economy controls the
cost of materials and labor, and so we don't have much control
over that.
What we can do is adapt new methodologies and new materials
to address that, and to that end we had a very large and
successful construction conference several years ago, and we've
just awarded a contract to move in that direction.
The Chairman. All right. If not all of the 40 schools that
are in worse condition than the Bug School are going to be
replaced, some repaired, how many do you estimate will be
replaced? Do you have an estimate of that?
Mr. Rever. I'm looking at perhaps 20 to 30 percent of them
would be replaced, the rest will be improved.
The Chairman. So 30 percent of the 40 schools above the Bug
School, that's 12 new schools, 40, 50 million a piece, unless
you find ways to substantially reduce the cost.
Mr. Rever. Right.
The Chairman. You know, Mr. Bongo makes a very passionate
and persuasive case, that there's not much he can do, and not
much Lindsey White can do, except sit here and say, Do you know
what? You made promises, the country made promises, and you're
not keeping them. And Mr. Bongo should not be satisfied, and
I'm glad he's not, and I'm glad he's raising his voice about
this, he's not resonant about doing that, he should not be
satisfied that this would ferment for another five or 10 or 15
years. It's not fair to the kids. It wasn't fair to Lindsey
White for her 12 years, and it won't be fair to the kids that
are now starting first grade if we don't find ways to address
this. This is, you know, in many ways a contractual obligation
this country made.
I think Senator Franken put it very well at the start of
this hearing. This country said, Do you know what? We'll
promise, we'll sign treaties, we'll meet our promise, and we
just haven't done it. So it's enormously frustrating.
And I think that, you know, I have schools in North Dakota
that, you know, have problems and need repair, like in
Minnesota and across the country, and it always seems to be the
same situation; we need funding, we need to devote more funding
to this and to that, and I could have the same hearing with
respect to detention facilities. It's a shame.
Senator Franken, I think in terms of wrapping this hearing
up, unless you have some additional questions, we'll wrap up
the hearing.
Senator Franken. I don't, I just have a comment. One is
that we are going to miss you,Mr. Chairman. I think that's very
apparent.
Two, you know, as you point out, this is an obligation that
was made by the United States of America, and I think those of
us who are on Indian Affairs are very well aware of that, and
maybe some of our colleagues who aren't, are not as aware of
that; part of the reason for this hearing is to make the people
in the United States aware that as a nation, we're not living
up to our word.
Mr. Rever can't build schools with money he doesn't have.
And I'd like to ask the BIA to be more responsive sometimes, to
be more transparent. I know that I hear not just from Mr. Bongo
and the Chairwoman that they have some frustrations with the
BIA, but what it really comes down to is whether the people of
the United States will fulfill the obligations that it made,
and whether the people of the United States are even aware that
they've made that obligation.
And I'm glad that we have members of the press here
covering this hearing, because I think that most Americans are
people who feel like our country should live up to its
obligations, especially to our first Americans.So I just want
to thank all of you for being here, each and every one of you,
and the Chairwoman seems to want to say something.
Ms. Vizenor. I just want to very quickly just send
appreciation to Senator Franken. Long before he was in the
Senate, he told us, as tribal people, I've asked to serve in
the Senate in Indian Affairs. Meegwetch, Senator. You're
fulfilling your promise to us.
Senator Franken. Do the best that I can.
Ms. Vizenor. And Senator Dorgan, we regret to see you
leave. [Native language spoken.] I'm so appreciative and so
humbled by this very significant Senate hearing happening at
White Earth, taking place here.
The Chairman. Madam Chairwoman, thank you very much. Thanks
for being such a gracious host. And while I am leaving the
Congress after 30 years in January, I intend to continue to be
involved in American Indian issues, and you'll know that and
see that, but it has been a great privilege to serve, and it's
been a special privilege to try to find ways to improve the
lives of the first Americans, those to whom we've made so many
promises.
The hearing record for this hearing will remain open for
two weeks from today. If there are those who wish to submit
formal testimony to be a part of the permanent hearing record,
you may submit them to the Indian Affairs Committee, and we
will accept them and put them in the permanent record.
In the meantime, all of us will continue working. I
especially thank the five of you who have come to present
formal testimony for the record.This is the mechanism by which
we build a public record in a forum, and hopefully push for
better solutions. We thank you very much.
This hearing's adjourned.
[Whereupon, at 2:19 p.m., the hearing was adjourned.]