[Senate Hearing 114-275]
[From the U.S. Government Publishing Office]
S. Hrg. 114-275
INDIAN COUNTRY PRIORITIES FOR THE 114TH CONGRESS
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HEARING
before the
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED FOURTEENTH CONGRESS
FIRST SESSION
__________
JANUARY 28, 2015
__________
Printed for the use of the Committee on Indian Affairs
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COMMITTEE ON INDIAN AFFAIRS
JOHN BARRASSO, Wyoming, Chairman
JON TESTER, Montana, Vice Chairman
JOHN McCAIN, Arizona MARIA CANTWELL, Washington
LISA MURKOWSKI, Alaska TOM UDALL, New Mexico
JOHN HOEVEN, North Dakota AL FRANKEN, Minnesota
JAMES LANKFORD, Oklahoma BRIAN SCHATZ, Hawaii
STEVE DAINES, Montana HEIDI HEITKAMP, North Dakota
MIKE CRAPO, Idaho
JERRY MORAN, Kansas
T. Michael Andrews, Majority Staff Director and Chief Counsel
Mary J. Pavel, Minority Staff Director and Chief Counsel
C O N T E N T S
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Page
Hearing held on January 28, 2015................................. 1
Statement of Senator Barrasso.................................... 1
Statement of Senator Cantwell.................................... 3
Statement of Senator Daines...................................... 60
Statement of Senator Heitkamp.................................... 61
Statement of Senator Lankford.................................... 61
Statement of Senator Tester...................................... 2
Witnesses
Bohlen, Stacy, Executive Director, National Indian Health Board.. 40
Prepared statement........................................... 42
Davis, Gary, Presisdent/CEO, National Center For American Indian
Enterprise Development......................................... 34
Prepared statement........................................... 36
Home Gun, Vance, 2013 Champion of Change, Youth Advisory Board
Member, Center for Native American Youth....................... 54
Prepared statement........................................... 55
Monette, Melvin, President, National Indian Education Association 26
Prepared statement........................................... 28
Payment, Hon. Aaron, Midwest Area Vice President, National
Congress of American Indians; accompanied by Jacqueline Pata,
Executive Director............................................. 3
Prepared statement of Hon. Brian Cladoosby................... 5
Appendix
Ballew II, Hon. Tim, Chairman, Lummi Nation, prepared statement.. 80
Bluehouse, Randella, Executive Director, National Indian Council
on Aging, Inc. (NICOA)......................................... 70
Confederated Salish and Kootenai Tribes of the Flathead Nation,
prepared statement............................................. 66
Murkowski, Hon. Lisa, U.S. Senator from Alaska, prepared
statement...................................................... 63
Ogaard, Thomas D., President/CEO, Native American Bank, NA,
prepared statement............................................. 63
INDIAN COUNTRY PRIORITIES FOR THE 114TH CONGRESS
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WEDNESDAY, JANUARY 28, 2015
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 2:30 p.m. in room
628, Dirksen Senate Office Building, Hon. John Barrasso,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. JOHN BARRASSO,
U.S. SENATOR FROM WYOMING
The Chairman. Good afternoon. I call this hearing to order.
As soon as we have a quorum, we will move to the business
meeting component of this. I want to welcome our witnesses.
As you may have heard, we have about 18 roll call votes
starting at 2:30 this afternoon, and some have recommended
moving this hearing to tomorrow. But given the fact that people
have traveled great distances, we want to get it done today. I
want to give each of you a chance to provide your testimony
before we get called away for the votes.
I called this hearing to start this Congress, because it is
Indian Country that we must engage when evaluating Federal
Indian policy and legislation. As chairman, I am committed to
following in the footsteps of my predecessors, three of whom
still serve on this Committee: Senator McCain, Senator Cantwell
and Vice Chairman Tester. They were part of a long line of
great chairmen who were committed to improving the lives of
Indian people.
The two tribes in my home State of Wyoming, the Eastern
Shoshone Tribe and the Northern Arapaho Tribe, they share the
goals of other tribes: safe communities, good health, a
prosperous life for their families, including good jobs. These
goals are often stymied by Federal bureaucracy. The Federal
Government has important responsibilities to Indian tribes and
people. That responsibility should not create a confusing or
complex web of rules which limit the prosperity of tribes and
their members.
Last week I had the privilege to provide the Congressional
response to the National Congress of American Indians' State of
Indian Nations address. One resounding theme of that address
was to find innovative solutions and reduce bureaucracy. We
have already started down that path. Last week, Senator Tester
and I introduced the Indian Tribal Energy Development and Self-
Determination Act Amendments of 2015. Tribes have the potential
to contribute to our Nation's energy security. This bill will
tap into that potential. This legislation will cut the
bureaucratic red tape and let tribes develop their energy
resources, putting their destiny back into their hands and not
those of the Federal Government.
Today, I have also introduced the Department of Interior
Tribal Self-Governance Act of 2015. This bill had been around
in some form or another since at least the 108th Congress. It
is intended to improve the process for negotiating, reviewing,
and approving tribal compacts with the Bureau of Indian
Affairs. These compacts are key mechanisms for tribal
administration of Indian programs. This bill would reduce
Federal bureaucracy and promote local control and
accountability.
Significant work on these measures has been done over the
years. I urge this Committee and Indian Country to join me in
getting these measures signed into law this year.
I intend to continue advancing legislation and oversight
that serves similar purposes and improves the lives of Indian
people. As chairman, my top priorities are jobs, energy and
natural resource development, health care, education, juvenile
justice and tribal self-governance. The more progress we can
make on these issues, the more progress we can make in helping
families. I cannot do that without the bipartisan work of this
Committee and the vice chairman in particular. So I want to
reiterate my appreciation for Senator Tester's leadership and
the collaborative spirit that he continues to bring to this
Committee.
I would like to ask Vice Chairman Tester if he has an
opening statement.
OPENING STATEMENT OF HON. JON TESTER,
U.S. SENATOR FROM MONTANA
Senator Tester. I will make it very, very brief, because I
understand we have some votes coming right up, and I want to
hear from these folks. I just want to tell you very briefly
congratulations on your chairmanship. I look forward to working
with you and everybody else on this Committee to move Indian
Country forward. There are a number of issues, some of which we
will hear about today.
I always think about the first time I met with the large
land-based tribes. And I said, what are your priorities. After
about three minutes I said, we are going to have to prioritize.
Because there were just too many of them.
So I think this has been a great Committee to work on. With
your leadership, I look forward to good things happening.
The Chairman. With your permission, Mr. Vice Chairman, what
we talked about is allowing each of our guests to have an
opportunity to make their statements, because we know we are
going to a series of votes. Once we get a quorum here today, we
will interrupt the testimony to have the formal business
meeting and the elections.
STATEMENT OF HON. MARIA CANTWELL,
U.S. SENATOR FROM WASHINGTON
Senator Cantwell. Mr. Chairman, if I could just say
congratulations to you in assuming the chairmanship of this
Committee. As someone who has been the Vice Chair of the
Committee under Senator Akaka, myself and Senator Tester, you
have worked with each of us in a great collaborative fashion.
We all appreciate that. So we wish you well in taking the gavel
in this Committee, and look forward to working with you on the
priorities that you just mentioned.
If I could just for a second thank Mary Pavel, who will be
leaving the Committee as staff director. She came on during my
tenure, and I appreciate her hard work and dedication on behalf
of Indian Country. So thank you, Mr. Chairman.
The Chairman. Thank you.
If we can start, I would like to welcome the Honorable
Aaron Payment, who is the Midwest Area Vice President of the
National Congress of American Indians, Washington, D.C. We
would love to hear from you.
STATEMENT OF HON. AARON PAYMENT, MIDWEST AREA VICE PRESIDENT,
NATIONAL CONGRESS OF AMERICAN INDIANS; ACCOMPANIED BY
JACQUELINE PATA, EXECUTIVE
DIRECTOR
Mr. Payment. Good afternoon, Chairman Barrasso, Vice Chair
Tester and members of the Committee. My name is Aaron Payment,
Chair of the Sault Ste. Marie Tribe of Chippewa Indians.
Thank you for allowing me to testify on behalf of NCAI's
tribal priorities for the 114th Congress. I am pleased to be
here for your first hearing as chairman, Senator Barrasso. I
thank the new and returning Committee members for your service
to Indian Country.
NCAI is committed to continuing its strong relationship
with this Committee, so that we can partner to improve the
lives of Native people. This partnership was evidence last week
when Chairman Barrasso delivered the Congressional response to
NCAI's State of the Indian Nations address. This is a
relationship that is built on trust. The trust responsibility
has developed over hundreds of years pursuant to the
Constitution, numerous treaties and Federal laws.
President Cladoosby reminds us that the trust relationship
is one that we have inherited. Tribal leaders are elected to
uphold this trust relationship and as Senators, it is one that
you agree to uphold when you take your oath of office. Thank
you for your partnership and your commitment here.
In exchange for ceding millions of acres of homelands,
tribes reserved the right to continue self-governance and to
exist as distinct people on our own lands. This is why the
first priority we must request today is legislation to protect
our homelands, lands that are necessary for economic
development, cultural protection, natural resources management,
housing, education and tribal infrastructure. Since 2009, this
Committee has held numerous hearings, favorably passed
legislation in each of the past Congresses which affirms the
original intent of the Indian Reorganization Act and would
allow the Secretary of Interior to take lands into trust for
all tribes. We ask this Committee to take swift action to
introduce and pass Carcieri fix legislation.
In modernizing the trust relationship, we must first have
certainty over our lands. Indian lands and natural resources
are a primary source of economic activity for our tribal
communities. But the Federal trust resource management system
is antiquated, inefficient and contributes to a lack of
investment in many reservation economies.
NCAI points to two pieces of legislation that would
immediately spur economic development and trust reform. The
first is Senate Bill 209, a bill to amend the Indian Tribal
Energy Development and Self-Determination Act of 2004,
introduced by the bipartisan team of Senators Barrasso and
Tester. This bill will streamline secretarial approval of
energy development transactions on Indian lands and give tribes
more autonomy over developing our own energy resources. NCAI
looks forward to working with this Committee to pass this
legislation.
Another trust effort that NCAI supports is legislation that
Senator Crapo introduced last session to establish a
demonstration project allowing comprehensive land use planning
and allocation of trust funding in accordance with tribal
priorities. NCAI supports introduction of this legislation in
the 114th Congress and recommends removing barriers in the
appraisal, probate, land consolation and leasing processes.
It is imperative that Congress work with NCAI, tribal
organizations, tribal leaders, to modernize the trust system
into a process that recognizes that we are in the best position
to make innovative and long-lasting decisions for our
communities.
Thank you, Chairman Barrasso, for making infrastructure
issues a priority. In order to attract economic development,
teachers, law enforcement personnel and capital investments to
our tribal lands, we must meet infrastructure needs. The
current transportation authorization, MAP-21, which contains
tribal programs for construction, maintenance of highways,
roads, bridges and transit, is set to expire in May. With an
annual budget of $450 million, this construction and
maintenance needs of tribes continues to fall behind and
creates unsafe conditions for all citizens who use our roads.
In addition, the Native American Housing Assistance and
Self-Determination Act expired in 2013. This bill is an
excellent example of how tribes are exercising our right of
self-determination to design and implement our own housing
programs. Our housing needs are great. Reauthorization of
NAHASDA is critical to continue to meet the housing needs of
our people.
We also ask this Committee to hold hearings and introduce
legislation to address infrastructure needs of tribes in the
areas of irrigation, housing, transportation and broadband. My
friends here will speak to issues of health care and education,
including my tribal member Stacy Bohlen. I call your attention
to additional areas in our written testimony including juvenile
justice, tribal taxation, public safety, veterans issues and
more.
I ask that our written testimony, entitled Promoting Self-
Determination, Modernizing the Trust Relationship, be entered
into the record of today's hearing.
The Chairman. Without objection.
Mr. Payment. Funding decisions made by Congress are
explicit expressions of the trust relationship between our
governments. I respectfully request that the members of this
Committee, eight of whom are on the Appropriations Committee,
please use your voices to uphold this trust relationship. Your
leadership will make a difference for our future generations.
Again, chi-miigwetch on behalf of our NCAI team. I thank
you for your service and your commitment to Indian Country.
[The prepared statement of Mr. Cladoosby follows:]
Prepared Statement of Hon. Brian Cladoosby, President, National
Congress of American Indians (NCAI)
On behalf of the National Congress of American Indians (NCAI), I'd
like to thank you for the opportunity to testify at this important
hearing as the Committee seeks to set its agenda for the I 14th
Congress. NCAI is the oldest and largest American Indian organization
in the United States. Tribal leaders created NCAI in 1944 as a response
to termination and assimilation policies that threatened the existence
of American Indian and Alaska Native tribes. Since then, NCAI has
fought to preserve the treaty rights and sovereign status of tribal
governments, while also ensuring that Native people may fully
participate in the political system. As the most representative
organization of American Indian and Alaska Native tribes, NCAI serves
the broad interests of tribal governments across the nation. As this
Committee considers its agenda for the 114lh Congress, tribal nations
call on you to ensure that tribal priorities are represented and
honored in the decisions made in this Congress.
Introduction
NCAI appreciates the opportunity to present testimony on the
Priorities of Indian Country for the 114lh Congress. It is important to
note that the priorities that are highlighted were developed by tribal
leaders in conjunction with NCAI, and that these priorities are all
rooted in the modern trust relationship, self-determination, and
sovereignty.
The Constitution, numerous treaties, and laws have created the
fundamental relationship between tribal nations and the United States.
In return for ceding millions of acres of land that makes the United
States what it is today, tribes codified their right of continued self-
government, and to exist as distinct peoples on their own lands. Part
of that responsibility includes providing basic governmental services
in Indian Country. As governments, tribes must deliver a wide range of
critical services, such as education, workforce development, public
safety, infrastructure, and healthcare to their citizens. Tribes have
the capability as governments to oversee their own affairs and, as
such, should be in parity with similarly situated governments who
provide services to their citizens.
The recommendations below can be accomplished in this session of
Congress and further the government-to-government relationship between
tribal governments and the Congress. In addition, the recommendations
seek to identify areas where administrative barriers can be removed so
that tribes can truly create opportunities for success--within our
borders and beyond.
Trust Modernization
Indian land and natural resources are a primary source of economic
activity for tribal communities, but the federal trust resource
management system is antiquated, inefficient, and contributes to the
anemic condition of many reservation economies. NCAI urges the
Committee to support legislative reforms that will eliminate the
burdensome federal red tape stifling economic development in Indian
Country, provide tribes with more flexibility and the option of greater
control over decisionmaking, and prevent the reoccurrence of the trust
mismanagement problems of the past. There is a need for greater
efficiency in the trust resource management system, better economic
returns on trust resources, and, above all, a much greater voice in how
the trust will be administered.
Tribes have been making progress on trust reform over the last five
years and want to maintain that momentum. Tribes, working with Congress
and the Administration, have seen significant settlements of trust
litigation, the development of the Buy-Back program for fractionated
lands, passage of the HEARTH Act to promote tribal control over surface
leasing of tribal lands, and new leasing regulations that assist
greatly on taxation of permanent improvements, among other matters. But
there is much more work to be done. NCAI has identified key areas of
the trust system that need improvements to better serve Indian Country:
Energy. The barriers to tribal energy development have been
well established by roundtables and hearings conducted by the
Department of Energy and this Committee. Barriers include
cumbersome bureaucratic processes that are largely attributable
to the requirement that tribes and tribal businesses obtain
Interior approval for almost every step of energy development
on tribal lands, including the approval of business agreements,
leases, rights of way, and appraisals. Other major barriers
include tribes' and tribal businesses' lack of access to
financing and transmission and Application for Permit to Drill
fees. For several Congresses, this Committee and the House
Subcommittee on Indian and Alaska Native Affairs have
considered legislation that would remedy the barriers to tribal
energy development in the Act. This legislation, championed by
Chairman Barrasso in the Senate and embodied in the 114th
Congress as S. 209, would provide tribes with greater control
and flexibility to develop their traditional and renewable
energy resources. We urge the Committee to pass S. 209 to
create careers and capital in Indian Country.
Trust modernization legislation. In the 113th Congress,
legislation was introduced that would have taken great steps
towards modernizing all trust processes for tribal lands. The
bill, introduced by Senator Crapo in the Senate and
Representative Simpson in the House, sought to establish a
demonstration project allowing comprehensive land use planning
and allocation of trust funding in accordance with tribal
priorities. We urge that this bill be taken up again, in
consultation with Tribes and the Interior Department, and moved
to the President's desk in the 114th Congress.
Appraisals and Valuation. Nearly every trust transaction
requires an appraisal from the Office of Special Trustee, and
this is the most significant bottleneck in the trust system. We
need to eliminate unnecessary appraisals and permit tribes to
rely on independent certified appraisals.
Lease Compliance and Trespass. Indian tribes have
significant problems with lessees who violate lease terms and
with outright trespass on Indian lands. We need legislation to
improve enforcement mechanisms and authorities. This is
explained in more detail in the proposal for Tribal Law and
Order Act Reauthorization below.
Conflict-of-Interest Issues. The Department of the Interior
(including the Solicitor's Office) oversees a vast range of
federal land issues that can come into conflict with their
trust responsibility to protect Indian land. We need to create
clearer divisions of responsibility that support the
identification and resolution of conflicts of interest.
Probate. Probate of individually-owned Indian lands
continues to be a bottleneck for many trust transactions, not
the least of which is the Buy-Back program. Many problem areas
in the probate process can be fixed through minor amendments to
the Indian Land Consolidation Act.
Self-Determination and Tribal Use of Lands. The HEARTH Act
was a good step forward to empower tribes to manage their own
lands. We need to build on this progress for other trust
resources, including subsurface lands, and to provide technical
assistance to tribes that wish to pursue the HEARTH Act
options.
Planning and Land Management. Tribal planning processes tend
to silo into grant-driven plans for housing, transportation,
water, power and sewage. Tribes need resources to integrate
planning for economic development and jobs, education,
agriculture and natural resources, and the development of
healthy communities. There is a growing emphasis on planning
for rural development and business agglomeration. Tribal
industries tend to cluster in certain areas, and tribes need
assistance with planning to build community infrastructure that
fits today's needs.
Land Consolidation. Individual Indian lands are often highly
fractionated, and these lands are also very difficult to put to
productive use. The Cobell settlement has established a Buy
Back Program intended to consolidate these lands for greater
use. However, tribes have significant questions and concerns
about this centralized federal program. We urge the Committee
to continue is oversight of this program and gather more
information about the track record so far, and push to make the
system effective and allow greater tribal involvement.
Federal Responsibilities for Title Maintenance, Technical
Assistance, and Prevention of Land Loss. At its most basic
level, the Federal Government has a responsibility to maintain
title to federal Indian lands, to report title quickly and
accurately, to include tribal governments in the title
management system, and to use that system to prevent land loss.
The Department of the Interior has invested some of the Buy
Back program funds into updating the title system, and a review
of the progress is recommended.
Land Restoration. Most reservations have suffered
significant land loss through federal laws and policies, and
are in a checkerboard pattern that is difficult to manage. Some
tribes have lost all of their land. The Federal Government has
a trust responsibility to restore tribal lands for all tribes.
In addition to the Carcieri Fix discussed below, we urge
Congress to continue to support tribal land restoration.
Natural Resources and the Environment. Tribal lands are
subject to environmental concerns that affect life in Indian
Country. At the same time, federal environmental regulations
are often unnecessarily burdensome and overly focused on
process rather than substance. We urge this Committee to review
existing regulations and statutes and determine where they can
be streamlined to empower tribes to manage and co-manage lands
effectively and efficiently.
Taxation and Services on Tribal Lands. Indian tribes need to
be able to collect taxes and control revenues in Indian Country
in order to provide services to their people. See the Tax
Issues section below for more background.
Access to Capital and Financing Development on Indian Lands.
Accessing capital to finance development on tribal and
individual Indian lands remains a significant challenge. It is
necessary to learn more about the barriers to investment so
solutions can be found for alternative mechanisms to secure
debt and equity investments in Indian Country.
Updating Regulations, Policies and Procedures. There are
many other areas of the trust system that need to be modernized
and updated. Progress has been made at the Department of the
Interior on the leasing regulations, and the pending Right-of-
Way regulations, but tribes seek continued oversight from this
Committee so that progress will continue on trust regulations.
Tribal Land Restoration Under the Indian Reorganization Act
The principal goal of the Indian Reorganization Act (IRA) was to
halt and reverse the abrupt decline in the economic, cultural,
governmental and social well-being of Indian tribes caused by the
disastrous federal policy of ``allotment'' and sale of reservation
lands. Between the years of 1887 and 1934, the U.S. Government took
more than 90 million acres from the tribes without compensation, nearly
2/3 of all reservation lands, and sold it to settlers and timber and
mining interests. Even worse, many tribes had no land at all, and the
IRA is clear in its purpose to acquire land for landless tribes. The
IRA is comprehensive legislation for the benefit of tribes that stopped
the allotment of tribal lands, provides for the acquisition of new
lands, continues the federal trust ownership of tribal lands,
encourages economic development, and provides a framework for the
reestablishment of tribal government institutions on their own lands.
Section 5 of the IRA, 25 U.S.C. 465, provides for the recovery of
the tribal land base and is integral to the IRA's overall goals of
recovering from the loss of land and reestablishing tribal economic,
governmental and cultural life. Section 5 is designed to implement the
fundamental principle that all tribes in all circumstances need a
tribal homeland that is adequate to support tribal culture and self-
determination. As noted by one of the IRA's principal authors,
Congressman Howard of Nebraska:
This Congress, by adopting this bill, can make a partial
restitution to the Indians for a whole century of wrongs and of
broken faith, and even more important--for this bill looks not
to the past but to the future--can release the creative
energies of the Indians in order that they may learn to take a
normal and natural place in the American community. 78 Cong.
Rec. 11731 (1934).
Of the 90 million acres of tribal land lost through the allotment
process, only about 8 percent has been reacquired in trust status since
the IRA was passed seventy-five years ago--and most were simply
unallotted lands that were returned soon after 1934. Since 1934, the
Bureau of Indian Affairs has maintained a conservative policy for
placing land in trust. Still today, many tribes have no land base and
many tribes have insufficient lands to support housing and self-
government. Section 5 clearly imposes a continuing active duty on the
Secretary of Interior, as the trustee for Indian tribes, to take land
into trust for the benefit of tribes until their needs for self-support
and self-determination are met.
In contemporary implementation of trust land acquisition, it is
important to raise three important points. First, while some
controversies exist, what is often misunderstood is that the vast
majority of trust land acquisitions take place in extremely rural areas
and are not controversial in any way. Most acquisitions involve home
sites of 30 acres or less within reservation boundaries. Trust land
acquisition is also necessary for consolidation of fractionated and
allotted Indian lands, which most often are grazing, forestry or
agricultural lands. Other typical acquisitions include land for Indian
housing, health care clinics that serve both Indian and non-Indian
communities, and land for Indian schools.
Second, state and local governments have a role in the land to
trust process. The Interior regulations provide opportunities for all
concerned parties to be heard, and place the burden on tribes to
justify the trust land acquisition, particularly in the off-reservation
context. It is important to recognize that land issues require case-by-
case balancing of the benefits and costs unique to a particular
location and community. The regulations cannot be expected to
anticipate every situation that might arise, but they do provide an
ample forum for local communities and governments to raise opposition
to a particular acquisition and they reinforce the Secretary's
statutory authority to reject any acquisition. State and local
governments have an opportunity to engage in constructive dialogue with
tribes on the most sensible and mutually agreeable options for
restoring Indian land. In many cases, a ``tax loss'' of less than $100
per year is a minimal trade-off for the development of schools,
housing, health care clinics, and economic development ventures that
will benefit surrounding communities as well as the tribe. Whatever
issues state governments may have with the land to trust process, the
Carcieri decision is not the place to address it. The Carcieri decision
has created a problem of statutory interpretation that calls for a
narrow fix to ensure equitable treatment of all tribes.
Third, the chief problem with the land to trust process is the
delays caused by inaction at the Bureau of Indian Affairs. Too often
tribes have spent scarce resources to purchase land and prepare a trust
application only to have it sit for years or even decades without a
response. In addition, during inordinate delays tribes risk losing
funding and support for the projects that they have planned for the
land, and environmental review documents grow stale. Tribal leaders
have encouraged the Bureau of Indian Affairs to establish internal time
lines and checklists so that tribes will have a clear idea of when a
decision on their application will be rendered. We are seeing some
progress at Interior, and we encourage continued support for land to
trust acquisition.
Legislative Action Needed to Address Carcieri v. Salazar. In a 2009
decision, the Supreme Court interpreted the definitions section of the
IRA and held that the term ``now'' in the phrase ``now under Federal
jurisdiction'' in the definition of ``Indian'' limits the Secretary's
authority to provide benefits of the IRA to only those Indian tribes
``under federal jurisdiction'' on June 18, 1934, the date the IRA was
enacted.
The Carcieri decision is at odds with the federal policy of tribal
self-determination. In particular, the decision runs counter to
Congress' intent in the 1994 amendments to the IRA. These amendments
directed the Department of Interior and all other federal agencies, to
provide equal treatment to all Indian tribes regardless of how or when
they received federal recognition, and ratified the Department of the
Interior procedures under 25 C.F.R. Pt. 83 for determining and
publishing the list of federally recognized tribes.
The Carcieri decision does not address what it means to be ``under
federal jurisdiction'' in 1934. As the Carcieri decision continues to
stand unaddressed by Congress, it is engendering costly and protracted
litigation on an esoteric and historic legal question that serve no
legitimate purpose. The Carcieri decision is creating litigation on
long settled actions taken by the Department pursuant to the IRA, as
well as on the Secretary's ability to make future decisions that are in
the best interests of tribes. The decision is already creating
significant delays in Department of Interior decisions on land into
trust, a process that is already plagued with unwarranted delays.
While the Carcieri decision addressed only land in trust, there may
be efforts to use the decision to unsettle other important aspects of
tribal life under the IRA. The IRA is comprehensive legislation that
provides for tribal constitutions and tribal business structures, and
serves as a framework for tribal self-government. Future litigation
could threaten tribal organizations, contracts and loans, tribal
reservations and lands, and provision of services. Ancillary attacks
may also come from criminal defendants seeking to avoid federal or
tribal jurisdiction, and would negatively affect public safety on
reservations across the country.
When the Supreme Court has narrowly interpreted an Act of Congress
in a manner that is unfair and not in accordance with its original
purposes, Congress should move quickly to amend and clarify the law.
NCAI urges Congress to amend the IRA to the effect that all federally
recognized tribes are included. We greatly appreciate your leadership
and efforts to make clear that IRA benefits are available to all
federally recognized Indian tribes.
Economic Development
For generations, Native peoples have faced harsh economic
conditions that are more pronounced than those generated by the Great
Recession. Today, while unemployment rates across the country hover
around 6 percent, tribal governments and businesses wrestle with
unemployment rates that have well-exceeded ten percent and beyond for
decades. The lack of employment opportunities in Native communities has
had a wide-ranging impact, affecting all aspects of life. While tribal
governments have successfully supported job creation both in government
and the private sector, ensuring that job growth keeps pace with the
growing Native youth population is an ongoing challenge. Considering
that Indian Country has one of the youngest populations in the nation,
with 42 percent of Native people under the age of 25, workforce
development opportunities are of critical importance.
A comprehensive Congressional and multi-agency approach is
necessary to address the issues hindering economic success for many
tribes. Conditions such as minimal access to capital, poor physical
infrastructure, lack of broadband access, and a need for workforce
training all combine to contribute to the economic development
challenges found in Indian Country. These conditions, along with
inadequate funding and programs for tribes have contributed to the
chronically high unemployment rates throughout Indian Country. Honoring
the trust responsibility and addressing the key economic needs will
unleash the economic power of Indian Country. The results will be
beneficial for not only our tribal nations but for the United States as
well. Tribal nations and the Federal Government must work together to
fulfill the promises of the past to secure prosperity for future
generations.
This Congress should focus on policies which bring economic
opportunities to Indian Country and bring parity between tribal, state,
and local governments. The empowerment of tribal efforts to manage and
control their own affairs requires the Federal Government to grant
tribes the flexibility needed to administer federal programs while
removing barriers and bureaucratic hurdles and undermine tribal self-
determination and discourage private investment in tribal communities.
NCAI recommends that Congress act quickly on legislation to improve
jobs and self-governance in Indian Country while allowing tribes the
flexibility to design and implement these programs in the ways that
best meet the needs of their members.
Permanently authorize the Indian Employment Training and Related
Services Demonstration Act of 1992 (P.L. 102-477). The Indian
Employment, Training, and Related Services Demonstration Act ``477''
program supports self-determination by permitting tribes to design
their own programs and services, build tribal capacity, and use federal
funding more effectively. The statute allows tribes to consolidate
funding streams from the Departments of the Interior, Health and Human
Services, and Labor into an integrated employment, supportive services,
and training program with a single budget and single reporting system.
This law has proven to be an exceptional success in making existing
federal programming more effective in meeting the employment, training,
education and welfare reform needs of Tribes and Tribal Organizations.
The 477 program maximizes federal dollars for tribal governments by
fostering agency cooperation while reducing administrative burdens.
This flexibility allows the creation of programs that culturally meet
the needs of tribal citizens and eliminate administrative duplication.
In the last Congress, this Committee heard testimony on S. 1574 a
bill introduced by Senator Murkowski. That bill would have consolidated
and streamlined federal funding for tribal employment and training and
related service programs in Indian Country. The legislation would also
have updated and improved upon existing law which has allowed tribes to
integrate their employment related funding and maximum program
efficiency for the past 20 years. In the House of Representatives,
Congressman Young (R-AK) has already introduced legislation that is
identical to that introduced by Senator Murkowski in the 113th
Congress.
NCAI recommends the Committee on Indian Affairs take up this
legislation for passage in this session of Congress.
Enact Self-Governance Legislation. Self-governance allows tribes,
as sovereign nations, to exercise their right to be self-governing and
to take program funds and manage them in ways that best fit the needs
of their citizens and tribal communities. It places the Federal
Government's Indian Country programs firmly in the hands of the people
who are served by them, enhancing and empowering tribal governments and
their institutions, all while reducing the federal bureaucracy. As a
tribally-driven initiative created through Congressional legislation,
it allows tribal governments to negotiate annual appropriated funding
and to assume management and control of programs, services, functions,
and activities--or portions thereof--that were previously managed by
the Federal Government.
As of 2014, there are 254 Self-Governance Tribes within the
Department of the Interior--Bureau of Indian Affairs and 341 Self-
Governance Tribes within the Department of Health and Human Services--
Indian Health Service. Over the last 25 years, the Self-Governance
tribal leadership and representatives have held ongoing meetings with
the Administration and Congress regarding ways to improve and advance
self-governance and have made recommendations to update and enhance the
current legislation.
NCAI recommends that Congress enact Title IV Self-Governance
Amendments. Amending Title IV of the Indian Self-Determination and
Education Assistance Act (ISDEAA) has been a top legislative priority
for Self-Governance tribes for more than a decade. Over the past 35
years, the ISDEAA has been one of the most successful mechanisms
allowing tribes to develop the capacity for government-building
activities. However, Title IV of the ISDEAA, the Self-Governance
program within the Department of the Interior, has serious gaps and
problems. Therefore, tribal leaders continue to advance the vision of
the ISDEAA by working to amend Title IV of the ISDEAA to create
consistency and administrative efficiency for Self-Governance tribes
between Title IV Self-Governance in the DOI and Title V Self-Governance
in the DHHS.
In the last Congress, the Committee on Indian Affairs favorably
reported S. 919, the Department of the Interior Tribal Self-Governance
Act of 2013 out of the Committee. The Department of the Interior has
also expressed strong support for passage of this legislation which
would significantly advance Congress's long-standing policy of
promoting tribal self-governance. NCAI recommends swift introduction
and action on this legislation in this session of Congress.
In addition, NCAI urges both Congress and the Administration to
look at expanding selfgovernance programs outside of the Department of
the Interior and the Indian Health Service. Demonstration projects,
consistent with fundamental self-governance tenants, could be developed
where agencies have a high degree of tribal programs and tribes have
the capacity for program administration.
Tax Initiatives
NCAI greatly appreciates the Committee's support in collaborating
with the Finance Committee to further tax initiatives important to
Indian Country. NCAI encourages this Committee to ensure that tribes
are included in any broader tax reform efforts taken up by Congress in
this Session. Tribal governments should be included in the Tax Code in
a manner that encourages growth and acknowledges the sovereign taxing
authority of tribal governments. Federal budget difficulties have
underscored the need for development of tribal taxing authority to
provide government revenue independent of Federal appropriations.
Tribal governments are increasingly using their taxing authority to
support tribal Government programs and infrastructure. NCAI has the
following recommendations, and urges consultation with tribal leaders
who are becoming increasingly engaged with tax matters in Indian
Country:
Make Tax ``Extender'' Incentives Permanent--Support legislation to
incentivize business development on tribal lands. NCAI urges Congress
to consider the urgent and continuing need for economic development on
Indian reservations in the context of the Indian Employment Tax Credit
(IRC Section 45A), the Accelerated Depreciation Provision for on-
reservation business infrastructure (IRC Section 168(j)), and the
Indian Coal Production Tax Credit (IRS Section 45) which expired on
December 31, 2014, and should be reenacted as soon as possible and on a
permanent basis. In addition, we would like to bring your attention to
proposals to modify the New Markets Tax Credit and the Low-Income
Housing Tax Credit to make them more accessible to Indian reservation-
based economic and housing development projects.
The Employment Credit provides private businesses with an incentive
for employing Indian tribal members in reservation-based business
operations. The Accelerated Depreciation Provision provides businesses
with the opportunity to take accelerated depreciation deductions on
business property located on Indian reservations. NCAI recommends that
Congress make both tax incentives permanent so that employers can rely
on the incentives when planning to locate a facility in Indian Country.
The lack of certainty in the future of these tax provisions undermines
their ability to attract larger, long-term investments.
NCAI also supports the proposal in the Department of Treasury FY
2015 Budget to update the Indian Employment Credit (Green Book pp. 13-
15). The Indian Employment Credit is structured as an incremental
credit applicable to current year qualified wages and health insurance
costs in excess of such costs paid in the base year (1993, the year of
original enactment). Updating the base year would achieve two goals:
(1) simplicity by eliminating the need for businesses to maintain tax
records long beyond normal requirements, and (2) restoration of the
original incremental design of the credit. However, we note that in
certain instances, this would result in a lesser amount of tax credit
being available to certain businesses with on-reservation operations.
We recommend use of the tax revenue savings inherent in this change to
extend the credit permanently and to make the New Markets Tax Credit
more accessible to tribal projects, as proposed below.
We also urge extension of a tax provision of importance tribes in
coal-rich areas, the Indian Coal Production Tax Credit (ICPTC). The
ICPTC was enacted for a temporary period in the Energy Tax Incentives
Act of 2005 (see IRC Section 45(d)(10) and (e)(10)). The credit was
later extended and expired on December 31, 2014. There is a compelling
need for the ICPTC. Tribes with coal reserves rely on the jobs and
revenues generated by mining operations to improve the well-being of
their citizens as they strive for economic self-sufficiency.
Unfortunately, on-reservation mining operations are disadvantaged by
bureaucratic obstacles, additional federal regulatory requirements, and
the higher financial costs associated with mining on Indian lands,
which make it difficult to compete with off-reservation operations.
Since 2006, the ICPTC has helped offset those disadvantages and level
the playing field for tribal mining operations.
The New Markets Tax Credit (Section 45D) was established in 2000 to
spur new or increased investments in operating businesses and real
estate projects located in low income communities. The program has
traditionally been a successful tool for attracting private capital to
Indian Country. However, neither tribal organizations nor Indian
reservation-focused applicants received a single dollar in the 2013 or
2014 rounds of NMTC Funding. NCAI urges Congress to address this
problem by creating a set-aside for Indian reservation-focused
applicants and by amending Section 45D(i)(6) to direct Treasury to
prescribe regulations to ensure that Indian reservations (as well as
nonmetropolitan areas) receive an allocation of qualified equity
investments.
Similarly, the Low-Income Housing Tax Credit (LIHTC) is too
frequently unavailable to tribes. Indian tribes have great numbers of
low-income tribal members and long waiting lists of members who need
housing. Unfortunately, the LIHTC allocations are provided only to
state governments, who most frequently use criteria that benefit only
urban areas. We urge that a set-aside be created for tribal
governments.
Tax Parity for Tribal Governments. Members of Congress and Indian
tribes have been identifying a significant number of provisions where
tribes are unable to use the Tax Code in the same manner as state and
local governments. NCAI urges the Committee to take action in these
areas to ensure that tribal governments achieve tax parity with state
and local governments.
Tribal government tax-exempt bonds. Currently, tribes may
only use tax-exempt bonds for ``essential government
functions.'' Unfortunately the IRS has interpreted this in a
way to exclude tribal economic development as a governmental
function, while state and local governments frequently use tax
exempt financing for revitalization projects. This
unnecessarily prevents tribes from securing the funding needed
to revitalize their communities. Tax parity is essential for
tribal governments to freely implement important initiatives in
Indian Country.
Tribal government pension plans. Tribal governments
currently must provide both government and private ERISA
pension plans to their employees. This largely depends on
whether the employee works for the tribal government or for a
tribal enterprise. This requirement is both costly and
cumbersome. Tribal governments must be able to operate a
single, comprehensive, government pension program for all of
their employees.
Tribal foundations and charities. Tribally-created
foundations and charities do not enjoy the same tax-exempt
status that state-created foundations and charities enjoy. This
creates an uncertain atmosphere for potential benefactors
seeking to maintain their tax-exempt status. In order for
tribal foundations and charities to thrive, it is necessary for
benefactors to feel unencumbered to make contributions without
potential tax penalties.
Tribal child support enforcement agencies. Tribal child
support enforcement agencies need authority to access parent
locator services, which are currently only available to state
and local governments but not tribes. Also, the tax code should
be amended to allow tribal child support enforcement agencies
to enforce orders for support through the authority to withhold
past due child support payment from the federal income tax
returns of parents with past due obligations.
Tribal access to Clean Renewable Energy Bonds (CREBs).
Tribes and entities wholly owned or controlled by tribes,
should be able to utilize CREBs for energy development
projects. Legislation should also create a set aside for tribal
projects under the CREBs provision.
Adoption Credit. Recognize American Indian/Alaska Native
tribal governments for purposes of determining under the
Adoption Credit whether a child has special needs. Adoption is
widespread throughout Indian Country. Tribal courts need the
ability to make a determination of special needs in order to
grant tax credits to adoptive parents on par with state courts.
Tax credits granted to doctors employed by Indian Health
Service facilities. Tax credits are available to doctors
employed in other areas of the public sector, but are
unavailable to those employed by the Indian Health Service.
This would create an incentive for practitioners to bring their
skills to Indian Country, where they are greatly needed.
Inclusion of American Indian/Alaska Native tribal governments in
any forthcoming tax reform bill. The last national tax reform occurred
during the 1980s. As such, any tax reform will most likely create a Tax
Code which will govern the United States, its territories, and Indian
tribal governments for decades to come. For this reason, it is
important that tribal governments be included in any tax reform efforts
as a matter of fairness. Reliable funding sources have been few and far
between for every tribal government service for decades. NCAI
recommends further consultation with tribes to develop an initiative
that will promote tribal government tax authority and promote the
ability of tribal governments to sustain programs and services in a
more self-sufficient manner.
Include Tribal Governments in the Marketplace Fairness Act. NCAI
seeks the Committee's support of the Marketplace Fairness Act and
requests the inclusion of tribal governments in any legislation that
regulates the collection of sales taxes or implements the State
Streamlined Sales and Use Tax Agreement. The Senate included tribes
within last year's version of S. 743, and we are optimistic the
legislation will be considered again this year.
In sum, Indian tribal governments have authority to, and increasing
utilize, their authority to collect sales taxes on Indian reservations.
Tribal governments use these tax revenues to provide services on their
reservations, such as law enforcement, education, health care and all
the basic roads and infrastructure needs.
In the Marketplace Fairness Act, Congress will be exercising its
Commerce Clause authority, which includes the authority to regulate
Commerce ``with foreign Nations, and among the several States, and with
the Indian tribes.'' Like states, tribal governments are subject to
confusing federal common law decisions on taxing jurisdiction, and can
benefit from simplified rules on remote sales taxes and the sourcing of
tax jurisdiction.
We urge that any legislation passed by Congress also protect the
tax status of Indian tribal governments by allowing Indian tribes to
participate in the same manner as states. NCAI has worked with states
and the National Conference of State Legislatures, and Indian tribes
were included in prior legislation, in S. 34 from the 110th Congress
and in H.R. 5660 from the 111th. We believe that the provisions
incorporated in these older bills are better model for including
tribes.
Inclusion of tribes is extremely important, because the legislation
will create the sales tax collection system for the next century, and
sales taxes are a critical source of government revenue for Indian
tribes. State governments rely on federal funding for approximately 25
percent of their budgets, while tribal governments rely on federal
funding for more than 60 percent of their budgets. Most often tribal
governments are supplying services that the Federal Government is under
treaty and trust obligations to provide. At a minimum, Congress should
exercise its authority in a way that supports and protects the ability
of tribal governments to raise tax revenues on their own. If a new
national system of sales tax collection is to be created with
Congressional approval, basic fairness means that tribal governments
should have the same opportunities to collect taxes as other
jurisdictions within the federal system. We urge Congress to include
tribal governments within the Marketplace Fairness Act.
Tribal Infrastructure
Tribal infrastructure needs must be addressed in order for tribes
to not only meet the needs of their members, but to attract economic
development opportunities to their communities. In this session of
Congress, members of this Committee will be asked to take action on
transportation and housing reauthorizations that will have a great
impact on the current housing and transportation programs operated by
tribal governments.
Transportation
Tribal transportation programs are critical to ensuring that tribal
governments can provide for the economic and social well-being of their
tribal members and members of the surrounding communities. Surface
transportation in Indian Country involves thousands of miles of roads,
bridges, and highways. According to the latest National Tribal
Transportation Facility Inventory, there are approximately 160,000
miles of roads and trails in Indian Country owned and maintained by
tribes, the Bureau of Indian Affairs, states, and counties. Of those,
Indian tribes own and maintain 13,650 miles of roads and trails of
which only 1,000 (or 7.3 percent) are paved, with another 12,650 miles
consisting of gravel, earth, or primitive materials. Of the 29,400
miles owned and maintained by the Bureau of Indian Affairs, 75 percent
of them are graveled, earth, or primitive. When combined, the roads
owned and maintained by Indian tribes and the Bureau of Indian Affairs
are among the most underdeveloped and unsafe road networks in the
nation, even though they are the primary means of access to American
Indian and Alaska Native communities by Native and non-Native residents
and visitors alike.
Therefore, safety issues continue to be among the biggest
challenges for tribal nations because many tribal communities are
vulnerable due to unsafe and often inaccessible roads, bridges, and
ferries. According to the Federal Highway Administration, ``American
Indians have the highest rates of pedestrian injury and death per
capita of any racial or ethnic group in the United States.'' Over the
past 25 years, 5,962 fatal motor vehicle crashes occurred on Indian
reservation roads, with 7,093 lives lost. While the number of fatal
crashes in the nation declined 2.2 percent during this time period, the
number of fatal motor vehicle crashes per year on Indian reservations
increased 52.5 percent. Adult motor vehicle-related death rates for
American Indians/Alaska Natives are more than twice that of the general
population. These statistics are alarming and call for major changes in
federal transportation safety programs serving Indian Country.
The current cost to construct for Bureau of Indian Affair owned
roads in Indian Country is approximately $81.6 million. Indian Country
will require a substantial commitment of federal resources in keeping
with the trust responsibility to meet maintenance and transportation
needs for tribal governments and citizens. In addition, another surface
transportation program that has a growing shortfall is the Bureau of
Indian Affairs Road Maintenance Program. The lack of investment in this
infrastructure over the past decade has compromised highway safety in
Indian Country, dramatically shortened the useful life of the Bureau of
Indian Affairs transportation system, and tribal roads and bridges and
undermined tribal economic development initiatives in Indian Country.
Bureau of Indian Affairs Road Maintenance Program. Although the
majority of transportation programs are authorized and funded through
the Department of Transportation, there is one critical tribal
transportation program located within the Bureau of Indian Affairs.
This program, the BIA Road Maintenance program is responsible for
maintaining approximately 29,400 miles for roads in Indian Country
including 900 bridges. The funding for this program has steadily
declined for several fiscal year cycles and is currently funded at $26
million for FY 2015.
The current deferred maintenance for BIA roads is over $289 million
and rising. At this current level of funding it would take more than a
decade to clear the current maintenance backlog on these roads, not
accounting for future maintenance needs. These staggering amounts of
deferred maintenance on BIA roads directly impacts tribes. The safety
of our youth, elders, tribal citizens, and non-Native neighbors depend
on the adequacy of these roads.
Reauthorization of MAP-21. The Moving Ahead for Progress in the
21st Century (MAP-21) is the major transportation authorization that
administers highways, bridges, transits, and safety programs within the
Department of Transportation. Particularly for tribes, MAP-21 comprises
the Tribal Transportation Program (TTP) and Public Transportation on
Indian Reservations Section 5311 (c) (also known as the Tribal Transit
Program). Currently tribes receive $450 million for TTP for the
construction and maintenance of highways, roads, and bridges; and $30
million for Public Transportation on Indian Reservations, which
provides funding for development and maintenance of transit systems
that serve tribal communities.
NCAI requests this Committee to hold a hearing on tribal
transportation priorities in anticipation of the reauthorization of
MAP-21 which expires in May of 2015. This hearing could be used to
highlight the importance of tribal transportation programs and how
those programs can be improved as Congress considers reauthorization of
the broader transportation reauthorization.
Housing
Housing is a core necessity for tribal communities. While tribes
have made great strides toward improving housing conditions in their
communities, the need for adequate, affordable housing for low-income
Indian people persists. Native Americans still face some of the worst
housing and living conditions in the Unites States. According to the
U.S. Census Bureau's 2006-2010 American Community Survey, there are an
approximate 142,000 housing units in Indian Country, and those homes
frequently lack utilities and basic infrastructure. The survey shows
that approximately 8.6 percent lack complete plumbing facilities, 7.5
percent lack kitchen facilities, and 18.9 percent lack telephone
service. Close to 30 percent of Indian homes rely on wood for their
source of heat.
These staggering statistics have long been challenges facing Indian
tribes, and without appropriate policies and proper government-to-
government planning to address these challenges, Indian Country will
continue to fall behind. Seventy percent of the existing housing stock
in Indian Country is in need of upgrades and repairs, many of them
extensive. The longer it takes to address these significant housing
needs in Indian Country, the more expensive remedies will be in the
long-term.
Tribal programs under the Native American Housing and Self-
Determination Act have been successful in allowing tribes the self-
determination necessary to provide effective programs for tribal
citizens. NAHASDA effectively replaced the various Indian housing
programs under the 1937 Housing Act and consolidated federal housing
funds through direct block grants to the tribes and their housing
authorities. Tribes are now exercising their right of self-
determination to design and implement their own housing and other
community development infrastructure programs. NAHASDA has resulted in
tens of thousands more housing units being constructed as well as
increased tribal capacity to address related infrastructure and
economic development challenges. Since the enactment of NAHASDA in
1996, tribal housing programs have been making great strides for
housing and community development by using sustainable building
practices and leveraging their NAHASDA and other federal funding. Today
there are close to 500 Tribally Designated Housing Entities in Indian
Country.
Reauthorization of NAHASDA. The current NAHASDA authorization
expired in September of 2013. NCAI recommends the reauthorization of
NAHASDA and its programs and activities. NAHASDA's programs are key to
meeting the housing needs of Indian Country. In the last session of
Congress, NAHASDA legislation passed the House but stalled in the last
days of the Congress. NCAI recommends that this Committee work on
legislation to reauthorization NAHASDA to bring certainty to housing
development and programs throughout Indian Country.
Telecommunications
As the United States progresses with the deployment and adoption of
21st Century technologies, mechanisms implemented must take into
consideration the unique circumstances that exist on tribal lands. As
new policy initiatives spur robust, high-speed broadband services
throughout the country, adequate resources and funding for these
efforts will need to keep pace. Policies focused on the deployment and
adoption of these new technologies provides renewed opportunities for
tribes to exert self-determinations and advance capacity building.
Funding for federal commitments to consult with tribal nations and
access to public media systems continue to be essential functions for
bridging the Digital Divide in Indian Country.
The primary law governing our telecom sector is the 1934
Communications Act--which was last amended in 1996 due to rapid
advances in wireless and cable technologies. The 1996 amendments
created the Universal Service Fund to meet the goals of providing
affordable and quality telecom services across the country--most
notably to rural areas, and for low-income individuals. However, the
law passed without consideration to the general absence of these
facilities and services on tribal lands.
In the 2000 U.S. Census, it was estimated that less than ten
percent of tribal lands had access to the Internet--and that just 68
percent of tribal households had access to basic telephone service.
With these startling statistics, tribes united to advocate for change.
NCAI urges the Committee to hold an oversight hearing on
connectivity in Indian Country and make specific recommendations below
to improve Administration efforts in telecommunications.
Establish the Office of Native Affairs and Policy as an independent
office at the FCC. The FCC has already established a procedural
framework for stand-alone offices, such as the Office of General
Counsel and Office of Engineering and Technology. These offices were
created to directly advise the FCC Chair and Commissioners as specific
subject matter experts. When the FCC Office of Native Affairs was
established (FCC-ONAP), it was place under the Intergovernmental
Affairs Bureau with the intent to report to, and work directly with the
FCC Chair and across the Bureaus and Offices at the Commission.
Elevating FCC-ONAP to operate as a stand-alone office will ensure that
it has the unfettered access needed to address tribal concerns and
advise the FCC Chair, Commissioners, and the Commission's Bureaus and
Offices on all tribal matters.
Dedicated Funding for FCC-ONAP. NCAI urges continuation of a
dedicated, annual budget for FCC-ONAP to ensure the FCC's commitment to
consult with tribal nations is preserved and exercised. FCC-ONAP is
charged with consulting with tribal nations on behalf of the entire
agency, and working with FCC Commissioners, Bureaus, and Offices for
the development and implementation of policies benefiting tribal
nations. The passage of the 2014 Omnibus Appropriations bill was the
first time Congress appropriated funds to the FCC specifically for
consultation purposes with tribal nations. We urge Congress to continue
funding of no less than $300,000 for consultation purposes at the FCC
through its Office of Native Affairs and Policy.
ConnectED. In June 2013, President Obama announced the ConnectED
initiative to connect 99 percent of America's students to high-speed
broadband and services by 2018. Shortly after this announcement, the
Federal Communications Commission initiated rulemakings to modernize
its $2 billion Schools and Libraries program (E-rate)--the Federal
Government's largest educational technology program. In the Final Order
adopted by the FCC in August 2014, many tribal concerns were addressed,
such as the need for training on various programmatic aspects of the E-
rate program and the need for a Tribal Liaison at the Universal Service
Administrative Company.
However, the Final Order missed taking action on several key
recommendations to increase tribal participation in the program.
Additionally, the Final Order focused on prioritizing funding to
support Wi-Fi deployment, which does not address the critical need for
new hardline, and in many cases first-time, connections to the nation's
schools and libraries.
Amend the Library Services and Technology Act. NCAI seeks an
amendment to the Library Services and Technology Act to recognize
tribal authority to designate what constitutes a ``library'' on tribal
lands.
Tribal ``libraries'' are usually located in multi-service buildings
that provide programs and services to tribal members, which may not
constitute a formal `stand-alone' library or necessarily be attached to
a primary or secondary education institution. When the 1996
Telecommunications Act passed it recognized the Library Services and
Construction Act, which provided tribes the ability to designate their
own libraries. However, just months after passage of the '96 Telecom
Act, the LSCA was rescinded and replaced by the Library Services and
Technology Act (LSTA). Under the LSTA tribes must receive approval from
a State Library Administrative Agency to designate a ``library'' as
eligible for receiving funds for various library functions--including
eligibility for participation in the E-rate program. NCAI requests
legislation to amend the LSTA, or remove the requirement that tribal
libraries be eligible for LSTA under state programs and instead restore
them to being treated as agencies of sovereign tribal nations.
Public Safety
Congress has taken historic steps in the past several years to
address public safety issues in Indian Country. With the passage of the
Tribal Law and Order Act in 2010, the Violence Against Women
Reauthorization Act of 2013, and the Alaska Safe Families and Villages
Act of 2013, Congress has begun to address some of the structural
barriers to public safety in tribal communities. For the promise of
these laws to be fully realized, however, they must be fully
implemented at the agency level and sufficient resources must be
allocated through appropriations.
In 2013, the bi-partisan Indian Law and Order Commission released
its report to Congress and the President concluding that ``[h]ow we
choose to deal with the current public safety crisis in Native
America--a crisis largely of the Federal Government's own making over
more than a century of failed laws and policies--can set our generation
apart from the legacy that remains one of [the] great unfinished
challenges of the Civil Rights Movement. Lives are at stake, and there
is no time to waste.'' The public safety problems that continue to
plague tribal communities are the result of decades of gross
underfunding for tribal criminal justice systems; a uniquely complex
jurisdictional scheme; and the historic, abject failure by the Federal
Government to fulfill its public safety obligations on American Indian
and Alaska Native lands. Residents and visitor on tribal lands deserve
the safety and security that is taken for granted outside of Indian
Country.
Reauthorization of the Tribal Law and Order Act; with Juvenile
Justice, Technical Amendments and a Joint Effort to Address the Crisis
in Criminal Justice Funding. NCAI asks that the Senate Committee
prioritize the reauthorization of the Tribal Law and Order Act of 2010
(TLOA). The TLOA was a strong and bi-partisan step forward by Congress
to address tribal justice systems. The Act authorized funding for a
number of programs to tribal governments to improve public safety and
the administration of criminal justice in Indian Country. All
authorized funding under the TLOA is expiring this year. It is
important that Congress not only reauthorize this funding, but also
appropriate the crisis-level funding needed for criminal justice in
Indian Country. There is very strong, but as yet unrealized, support
within Congress, and combining additional appropriations with the
reauthorization will be well-received and strongly supported by tribal
leaders.
The reauthorization of the TLOA may also serve as a vehicle for
improvements to the Juvenile Justice system in Indian Country, which we
describe in the next section. Chairman Barrasso and Vice-Chair Tester
have both identified youth justice as a priority, and Indian Country
fully agrees.
The TLOA was also a vehicle for a series of important technical
improvements to the federal criminal justice laws in Indian Country.
Tribal justice systems now have nearly five years of experience with
implementing the law, and that implementation has led to proposals to
continue to make technical amendments to improve the law.
Bureau of Prisons Tribal Prisoner Pilot Program. Specifically, we
ask that the Committee reauthorize and make the Bureau of Prisons
Tribal Prisoner Pilot program, which expired on November 24, 2014,
permanent. The Pilot Program created the option to send highly violent
offenders to federal corrections facilities. Many tribes do not have
the resources or personnel to adequately and safely house these types
of offenders. The federal system also offers greater access to
treatment, rehabilitation, and reentry programs.
At the time of enactment, NCAI believed that the program would be
used sparingly for only the most violent offenders. However, there were
concerns about costs and the program was limited to a pilot for four
years. In that short time the program is only beginning to work, but it
works extremely well. Tribal governments must develop new criminal
codes, train staff, and then it took time to navigate the federal
bureaucracy to use the program. Three tribes have only fairly recently
transferred a total of six prisoners to federal prisons, but this is an
extraordinarily useful tool for a big problem--the small number of very
violent offenders. Providing tribes this flexibility will allow tribal
governments to concentrate their resources on other pressing criminal
justice and public safety needs. The Federal Bureau of Prisons has
supported the continuance of this program in its report to Congress as
required by the Tribal Law and Order Act.
Trespass. NCAI has also received increasing technical feedback from
tribes on criminal justice concerns. As an example, we recommend that
Congress consider updating the 18 U.S.C. 1165 regarding trespass.
Trespass on an Indian reservation is treated as a misdemeanor under
federal law, which may be appropriate for minor hunting and fishing
trespasses. However, Indian reservations are experiencing increasing
problems with serious criminal trespass and a lack of deterrence.
First, tribes are unable to address problems with sexual assault and
stalking offenders who are subject to civil protection or exclusionary
orders, but continue to return to the reservation to harass victims.
Violating a tribal protection or exclusionary order should be subject
to more serious federal penalties. Second, tribes also have
difficulties with former lease tenants who overstay agricultural and
residential leases for many years and refuse to leave or pay rent.
Third, tribes are also experiencing problems with timber theft,
repeated poaching, illegal mining and illegal marijuana operations.
These are serious property crimes that are infrequently enforced by the
Federal Government because the penalty is a misdemeanor. The goal would
be to create an effective federal deterrent that could be included in
initial notices or orders. In short, the Indian Country trespass crime
should be updated to increase penalties and deterrence for those who
cause serious threats to persons and loss of property.
Juvenile Justice. The Indian Law and Order Commission's ``A Roadmap
for Making Native America Safer'' report discussed the disturbing
reality that American Indian/Alaska Native youth face disproportionate
exposure to violence and poverty. Many of these communities lack access
to funding for mental health and other support resources to offset the
impacts of these conditions. As a result, Native children are
particularly likely to enter the juvenile justice system. Removing
these children from their families, tribal communities, and culture
increases the likelihood that they will become habitual offenders. At
present, the majority of youth in federal detention centers are
American Indian/Alaska Native. American Indian/Alaska Native youth also
make up a disproportionate number of the population in state juvenile
justice systems, when compared with their non-Indian counterparts.
When faced with these realities, tribes are often unable to
participate in ensuring the health and welfare of their juvenile
populations. In most cases, tribes are better situated to offer
culturally appropriate alternatives to incarceration, however, many
tribes lack the ability to financially support the infrastructure
needed to deter and rehabilitate juvenile offenders, and rely solely on
federal appropriations. The immediate costs of arming Native juvenile
justice systems with the tools they need to implement culturally
sensitive juvenile justice solutions pale in comparison with the long
term costs of incarcerating habitual juvenile offenders into adulthood.
NCAI has the following recommendations for the Committee:
Funding for American Indian/Alaska Native Juvenile Justice
Programs. The Tribal Law and Order Commission's 2013 Report on juvenile
justice (TLOC Report) and the Attorney General's Advisory Committee on
American Indian/Alaska Native Children Exposed to Violence 2014 Report
(AG Report) recommend that, rather than incarcerate Native juvenile
offenders, tribes implement culturally-appropriate rehabilitation
measures. Incarceration of Native juvenile offenders only exacerbates
an already precarious situation. According to the TLOC Report, when
placed in juvenile detention facilities, youths are placed in
``generally unsafe, abusive, ineffective, and horribly expensive''
situations that tend to push them further into a life of crime. It is
therefore necessary for tribal juvenile justice systems to be able to
fashion appropriate alternatives aimed at rehabilitation and treatment.
The TLOC Report recommends that resources be more effectively
deployed to Indian Country in order to achieve parity between Native
and non-Indian justice systems. The Juvenile Justice and Delinquency
Prevention Act of 2002 (JJDPA), which is up for reauthorization,
provides funding for juvenile justice prevention and treatment programs
in Indian Country. Currently, the aggregate amount of funding provided
by the JJDPA for all of Indian Country equals the amount apportioned to
one state. This is unacceptable in light of the challenges facing
Indian Country in implementing and sustaining juvenile justice systems.
Tribes must be allocated and appropriated at least ten percent of the
funding available under the JJDPA in order to provide their communities
with adequate juvenile justice solutions. Both the TLOC Report and the
AG Report recommend that Congress authorize additional and adequate
funding for tribal juvenile justice programs in the form of block
grants and self-governance compacts to support the restructuring and
maintenance of tribal juvenile justice systems.
Tribal Juvenile Data collection. The TLOC Report highlights the
difficulties Indian Country faces in keeping track of its juvenile
offenders. In some cases, juvenile offenders disappear completely from
a tribe's radar once they are in the system. At the state level, data
collection is either inadequate or nonexistent. Both the TLOC Report
and the AG Report emphasize that proper data collection is essential if
tribes are to attempt early intervention with at-risk youth. A number
of tribes have instituted juvenile tracking programs, in which they
have collected data from a variety of sources to create a comprehensive
picture of each of the youths within their tribal communities. From
this data, tribes have been able to foresee when family situations
require preventative action, and then supply the resources necessary to
maintain the youth's wellbeing. This kind of data collection is
essential for tribes to maintain healthy youth communities, but many
tribes lack the resources necessary to institute these kinds of
comprehensive programs. Appropriated funding is therefore necessary for
the long term health of these tribal communities, and will result in an
overall savings in both social and fiscal costs.
Preventative Family Services. The AG Report states that Native
juvenile offenders are exposed to violence at extremely high rates.
This exposure negatively impacts neurological development, physical and
mental health, and school performance, and increases substance abuse
and delinquent behavior. Many of these issues could be resolved through
early preventative services, such as providing mental health and
substance abuse counseling for parents, screening youth for trauma, or
providing after school programs and youth mentorship. Tribes often lack
the resources to initiate and facilitate these programs. It is
therefore necessary for Congress to appropriate funding essential to
the creation and implementation of preventative tribal intervention
programs.
Request for Oversight Hearing on Nationwide Implementation of
Tribal Domestic Violence Jurisdiction. NCAI respectfully requests the
Committee hold an oversight hearing on the implementation of 25 U.S.C.
1304, known as Special Domestic Violence Criminal Jurisdiction
(SDVCJ), in March of this year. The restoration of tribal jurisdiction
over non-Indian domestic violence offenders marked one of the most
important and most highly visible provisions of the reauthorization of
the Violence Against Women Act nearly two years ago. On March 7, 2015
all Indian tribes will become generally eligible to implement the new
law without prior approval from the Attorney General. That month would
be an opportune time for the Committee to hear about implementation
from the three tribes in the Pilot.
Under the Pilot Program, three tribes were approved by the Attorney
General to exercise SDVCJ on an accelerated basis on February 20, 2014.
The three tribes include the Confederated Tribes of the Umatilla Indian
Reservation (Oregon), the Pascua Yaqui Tribe (Arizona), and the Tulalip
Tribes (Washington). Over the past two years, 41 tribes have worked in
collaboration to prepare for implementation as part of the Intertribal
Technical-Assistance Working Group. It is expected that quite a few
more tribes will begin implementation in the near future.
One goal in requesting this oversight hearing is to educate more
tribal leaders about the process of implementation. The pilot project
tribes have done tremendous work in developing tribal codes and putting
the required criminal procedural safeguards into place. They have
accumulated a lot of lessons learned, and a Senate hearing would be an
excellent place to share this knowledge.
In addition, this issue garnered a great deal of attention in
Congress, and we feel a responsibility to keep Congress informed about
progress with the new law. The pilot project has illustrated the
necessity of criminal jurisdiction over non-Indians on tribal lands in
order to ensure public safety. The three pilot tribes are already
making multiple arrests of non-Indian domestic violence and dating
violence offenders and have a great deal of data and information to
share.
For example, there have been multiple related assaults and
incidents involving children, which the tribes cannot prosecute under
their current authority. This data is especially relevant given the
Attorney General's Task Force on Children Exposed to Violence recent
recommendations. In addition, it is notable how many of these SDVCJ
defendants have arrest warrants in other jurisdictions and have
attempted to exploit jurisdictional gaps by ``hiding out'' in Indian
country. The pilot project has also illustrated the need for access to
federal criminal databases and for clarification of authority to detain
criminal offenders for federal or state prosecution. Finally,
implementation has highlighted the tremendous need for increased
resources for tribal justice systems.
The SDVCJ pilot project has placed these issues in spectacularly
focused detail. NCAI believes that the Committee will be highly
impressed with the results of any hearing that includes representatives
of the three pilot project tribes.
Victims of Crime Act (VOCA) Funding. Congress created the Crime
Victims Fund through the Victims of Crime Act in 1984. It is based on a
simple idea: Money the government collects from those who commit crimes
should be used to help those victimized by crime. Each year, criminal
fines and penalties collected in federal court are deposited into the
Crime Victims Fund. The Department of Justice disburses money from this
Fund to States and other entities to support victim compensation and
assistance programs. It is important to note that the Fund receives no
tax dollars. Unfortunately, since its inception, Indian tribes have
largely been shut out of the critical funds disbursed from the Crime
Victims Fund.
Since fiscal year 1999, Congress has capped the amount of money
disbursed from the Crime Victims Fund. The cap on money disbursed from
the Fund has remained low, even as the amount of money going into the
Fund has risen dramatically. For example, from fiscal year 2009 through
fiscal year 2013, the Crime Victims Fund collected an average of $2
billion each year, but disbursed only an average of $700 million per
year.
Last year, Congress raised the cap for fiscal year 2015 to $2.3
billion. Unfortunately, the vast majority of that funding is
distributed via a formula grant to states and territories and is not
reaching tribes and tribal communities. NCAI Resolution calls for 10
percent of the distributions from the Crime Victims Fund to be directed
to tribal governments. This was also the recommendation of the Attorney
General's Task Force on American Indian and Alaska Native Children
Exposed to Violence. We understand that there is an effort underway in
the Senate to make the increased distributions from the Crime Victims
Fund permanent, and we request that the Senate Committee on Indian
Affairs work with the your colleagues to ensure that Indian tribes are
appropriately included in distributions from the Crime Victims Fund
moving forward.
Appropriations
Annual funding decisions by Congress are an expression of our
nation's policies priorities and the federal budget for tribal
governmental services reflects the extent to which the United States
honors its promises to Indian people.
Tribal leaders throughout Indian Country seek the same outcomes as
other national leaders: to protect the health, safety, and prosperity
of the populace they serve. Tribal leaders are addressing urgent
societal challenges, often with inadequate resources and authority, but
still facing expectations from their people for safe communities,
educational opportunities, health care, clean air and water, and
economic growth. Effective tribal governments that can meet the
essential needs of their citizens require the fulfillment of the modern
federal trust responsibility as well as respect for tribal self-
determination.
The NCAI FY 2016 Budget Request, included as part of this
testimony, was developed in coordination with national tribal
organizations and tribal partners, and offers recommendations for ways
the Federal Government, partnering with tribes, should meet the
educational needs of a young Indian population through Bureau of Indian
Education schools, tribal schools, and the public schools on and near
tribal lands; provide adequate health care via the Indian Health
Service, both direct and self-governance; ensure responsible resource
development for the future; provide safe and secure tribal communities;
and supply the long-term investments in tribal public infrastructure
and services required to ensure every American Indian and Alaska Native
enjoys a decent quality of life and has an opportunity to succeed.
A combination of parity in governmental and program funding as well
as promoting Indian selfdetermination will help to achieve the vision
of broader progress in Indian Country. Several areas of tribal
administration and services demonstrate the impediments to effective
tribal governance due to disparities in resources, such as in tribal
public safety and justice, child welfare, and natural resources, to
name a few.
Contract Support Costs. The Indian Self-Determination and Education
Assistance Act has represented the cornerstone of this nation's federal
policy toward tribes for the last forty years. Under the Indian Self-
Determination Act, the United States enters into inter-governmental
contracts with tribes under which tribes administer federal programs,
either through contracts of selfgovernance compacts for the benefit of
tribal members. In amending the 1975 Act in 1988, Congress observed
that the single greatest impediment to successful implementation of the
Indian Self-Determination Policy was the consistent failure of the
Bureau of Indian Affairs and the Indian Health Service to pay full
contract support costs associated with the administration of
transferred programs. Congress recognized that the failure of the BIA
and HIS to pay full fixed contract support costs has often led to
reductions in programs, amounting to partial termination of the Federal
Government's trust responsibility.
NCAI calls on Congress and the Administration to honor the nation's
current and future contract obligations to tribal nations and work
diligently toward a permanent solution to contract support cost funding
and to implement meaningful contract support cost reforms in
consultation and partnership with Indian Country.
Work to secure full CSC funding without impacting program funding.
Following the Supreme Court's Ramah decision, the Administration
proposed ``mini-caps'' on contract support cost appropriations for FY
2014 that would have capped the amount of CSC available for each
individual Indian Self-Determination Act contractor. Congress rejected
the mini-cap proposal, which was vigorously opposed by tribes, and
ultimately enacted the FY2014 Consolidated Appropriations Act without
any limits on contract support cost spending at the individual or
aggregate level. As a result the entire unrestricted lump-sum
appropriations for the IHS and BIA were legally available to pay the
agencies' contract support cost obligations.
Congress and the Administration must seek permanent full funding
for contract support costs that will not come at the expense of direct
program funding or retained tribal shares. All tribes agree that the
payment of contract support costs, which is a legal obligation, should
not be achieved by reducing direct services to any tribes. Tribes and
tribal organizations across the country overwhelmingly support the
creations of a permanent, indefinite appropriation for contract support
costs, which would ensure full funding for contract support costs on an
as-needed basis without impacting the rest of the IHS and BIA budgets.
Prompt Settlement of Past Claims. In June 2012, in the Ramah and
Artic Slope tribal contracting case decisions, the Supreme Court
rejected the Federal Government's defense of these breach of contract
claims and rule that the government acted illegally in failing to pay
tribes and tribal contractors the full contract price due under their
Indian Self-Determination Act contracts. This breach covers thousands
of contracts by the BIA and IHS extending back over more than twenty
years.
Rather than acting quickly to resolve these claims, which are
supported by years of data documenting the government's underpayments,
the agencies insisted that in order to settle these claims they must
re-audit contracts and re-calculate indirect cost rates according to
retroactively-adopted accounting rules in an effort to re-determine the
amount of underpayments. The result has largely been to further delay
justice and further burden tribes with slow, expensive and unnecessary
accounting battles, both in the contexts of individual IHS claims and
the BIA Ramah class action sampling process. On the IHS side, where
claims must be settled tribe-by-tribe and year-by-year, progress has
been made recently, however, by the agency's own account, some 600
claims remain unresolved.
Given the wealth of available data about the underpayments compiled
by the agencies themselves, settlement of all cases should have taken
no more than a few months--it should not take years. While tribes
appreciate the progress that has been made, further delay is not
acceptable and the agencies must approach settlement with all tribes in
a consistent and equitable manner.
Education
No resource is more important to the continued success and growth
of our nation and Indian Country than our children. It is vital that we
all work together to strengthen our human capital in all tribal
communities across America. The greatest way to do just that is to
provide a high-quality, culturally-appropriate education that
effectively and equally benefits all of our nation's children--
including our Native children.
Ensuring equal educational opportunities is not simply a matter of
fairness, but even more importantly in today's challenging economic
climate, it is an essential strategy for creating jobs and securing the
nation's future prosperity especially is tribal communities. Education
also drives personal advancement and wellness, which in turn improves
social welfare and empowers communities--elements that are essential to
protecting and advancing tribal sovereignty and maintaining tribes'
cultural vitality.
The Federal Government provides education to Indian students in two
ways, through federally funded Bureau of Indian Education (BIE) schools
or through education assistance to public schools where Indian students
attend. Currently 620,000, or 93 percent, of Indian students attend
public schools and approximately 45,000, or 7 percent, attend BIE
schools. There are 184 BIE-funded schools (including 14 peripheral
dormitories) located on 63 reservations in 23 states.
Many challenges exist in reforming the educational system for
Native students. For example, the 2011 National Indian Education Study
found that Native students continue to score significantly lower than
their peers in reading and math in grades four and eight. The severity
of the current state of Indian education is perhaps most apparent in
the Native high school dropout rate. The graduation rate for American
Indian and Alaska Native high school students is 67 percent--the lowest
of any racial/ethnic demographic group across all schools. \1\ Even
worse, the graduation rate for Native students in the Bureau of Indian
Education (BIE) school system is a staggering 53 percent compared to
the national average of 80 percent. \2\ In fact, recent data finds that
while the graduation rates continue to rise nationally, with strong
gains by the Latino and African American communities, Native American
students have experienced only modest improvements since 2000 and have
seen their graduation rates actually decline since 2008.
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\1\ Indian Students in Public Schools--Cultivating the Next
Generation: Hearing on Indian Education Before the S. Comm. On Indian
Affairs, 113th cong. (2014) (testimony of William Mendoza, Exec. Dir.,
White House Initiative on Am. Indian and Alaska Native Educ.).
\2\ See Marie C. Stester & Robert Stillwell, U.S. DEP'T OF EDUC.,
NAT'L CTR. FOR EDUC. STAT., PUBLIC HIGH SCHOOL FOUR-YEAR ON-TIME
GRADUATION RATES AND EVENT DROPOUT RATES: SCHOOL YEARS 2010-11 AND
2011-12 (10) 2014), available at http://nces.ed.gov/pubs2014/
2014391.pdf.
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NCAI applauds the work of this Committee in the last session of
Congress in renewing focus on Indian education and holding five
separate hearing on issues impacting Native students from pre-k to
college. We request that the Committee continue this work and introduce
tribal-specific legislation to improve Indian education while working
with the Health, Education, Labor and Pension Committee as it proposes
changes to the Elementary and Secondary Education Act.
As reauthorization of the No Child Left Behind Act begins this year
it is vitally important that tribal leaders and educators are included
at the forefront to ensure greater tribal participation in the
educating of their children, to expand the investment in culture and
language revitalization, to provide greater support for Native
teachers, administrators, and leaders, and to promote greater
interagency coordination for a truly holistic approach to the
educational experience of all students. Specific recommendations
include:
Reauthorization of ESEA (No Child Left Behind Act). Support a
reauthorization of the Elementary and Secondary Education Act (ESEA)
that improves education opportunities for Native students. Indian
Country needs strong, concerted, and sustained support to include key
Native education priorities that will allow tribes to take greater
control over the education of their citizens and help Native students
succeed in the classroom and beyond:
Strengthen tribal control of education: Tribes should be
granted the authority and funds to build capacity for their
education departments in the same ways that are provided to
states and districts. The ESEA reauthorization should authorize
tribes to operate ESEA title programs in public schools that
are located on Indian lands and serve Native students. The
Department of Education would work with tribes to identify
appropriate title programs for tribal administration, and
tribes would work with the local educational agency on their
respective reservations to implement the title program(s) in
qualifying schools.
Preserve and revitalize Native languages: The survival of
Native languages and cultures is essential to the success of
our communities and ways of life. Because immersion is largely
recognized as the best way to learn a language, the
reauthorization of the ESEA should authorize a grant program to
develop and maintain Native language immersion programs.
Provide tribes with access to tribal member student records:
The ESEA reauthorization needs to expressly grant tribes and
tribal education agencies (TEAs) access to tribal student
academic records in the same way that local educational
agencies have access. Tribes and their education agencies are
in the best position to track and coordinate Native student
data.
Encourage tribal/state partnership: States that have Indian
lands within their geographic boundaries have not been
required--or even encouraged--to collaborate with tribes to
meet the educational needs of Native children. The ESEA
reauthorization must require states and local educational
agencies to consult with tribes when developing applications
for various ESEA title programs.
Equitably Fund the Bureau of Indian Education: The Bureau of
Indian Education (BIE) is currently ineligible for many of the
Department of Education's flagship programs, such as Race to
the Top, because the ESEA does not include language expressly
making them eligible. The ESEA reauthorization should include
express statutory language making all funding stream available
to BIE schools, either through an overarching provision or
within each ESEA program.
NCAI also requests that the Committee works with the Administration
on several key recommendations that could enhance educational
opportunities for Native students.
Blueprint for Reform. Last year, Secretary of the Interior Sally
Jewell and the Secretary of Education Arne Duncan convened the American
Indian Education Study Group (Study Group) to address the systemic
challenges facing the Bureau of Indian Education (BIE) and to propose a
comprehensive plan to reform the system. The Study Group held listening
sessions in tribal communities and drafted a framework on proposed
reforms following the listening sessions. After publication of the
draft framework for reform the Study Group conducted four tribal
consultations in April and May of this year and received public comment
through June. NCAI and the National Indian Education Association (NIEA)
submitted joint comments on the proposed framework advocating for
reforms that address the needs of tribal communities and their BIE
schools expressed by our membership.
Following the input from tribal leaders, Native educators,
organizations, and other stakeholders, the Study Group released a
``Blueprint for Reform'' during President Obama's trip to Indian
Country in June of this year aimed at transforming the BIE system from
a director provider of education into a capacity-builder and service-
provider to tribes with BIE-funded schools. The aim of the current
reforms is to empower tribes to have greater control in the education
of their children who are currently attending BIE schools.
Resulting from the recommendations in the ``Blueprint for Reform,''
Secretary of the Interior Sally Jewell issued a Secretarial Order that
will implement the recommendations. The implementation is currently
underway in a two-phase process: the first over the course of the 2014-
2015 academic year and the second over the course of the 2015-2016
academic year.
NCAI has committed to engaging tribal leaders in ensuring tribal
engagement with this effort at reform of the BIE school system, but
also requests that the Committee conduct oversight of this reform to
ensure that it is conducted in a manner that will achieve the goals of
tribal control over BIE schools.
Elevate Key Positions at the Department of the Interior and the
Department of Education. Too often, Indian education is second-tier to
many other important priorities facing administration officials making
policy for tribal communities. The Administration must establish key
positions in both federal departments that oversee the education of
Indian Country's most precious resource--their children. The Bureau of
Indian Education (BIE) Director is often mired in a heavilybureaucratic
structure within the Bureau of Indian Affairs (BIA) that creates
barriers to effectively advance policy change. In addition, the Office
of Indian Education at the Department of Education (ED) primarily
serves as an administrator of Title VII--the Indian Education Title--
within the broader ESEA. Taken together, the issues and concerns facing
Indian education are often unable to reach the Secretarial level where
effective change can truly occur. Having senior positions in both
Departments will ensure greater active participation in the formation
of Indian education policy in both the BIE and the public education
system.
Reissue the Executive Order on Tribal Colleges and Universities.
Executive Order 13592, which established the White House Initiative on
American Indian and Alaska Native Education, was a step in the right
direction for Native education. However, tribal colleges and
universities (TCUs) previously had a stand-alone Executive Order and
their own initiative, which Executive Order 13592 rescinded and folded
into a single Executive Order on Native education. Tribal leaders and
Native educators did not request this change, and the net result has
been less effort focused on strengthening TCUs. We urge this Committee
to request that the Administration reissue the separate Executive Order
and Initiative on TCUs, sufficiently fund both programs so they may
meet their mandates, and direct that the two Initiatives work together.
Current Executive Orders on African American education and historically
black colleges and universities already do this for other students.
American Indian and Alaska Native students deserve no less.
Natural Resources
American Indian and Alaska Natives have nurtured, lived, and
thrived off this land as first stewards since time immemorial. Tribes'
cultures, traditions, lifestyles, communities, foods, and economies all
depend upon many natural resources, and yet so many critical natural
resources and disappearing faster than we can restore them. However,
the ecological practices tribal peoples have cultivated for millennia
are inherently sustainable and practical; they are time tested methods
for resource and, correspondingly cultural survival.
Today, tribes are using their unique knowledge and skills in
concert with modern management practices, often collectively with
community and non-tribal organizations, to produce real accomplishments
and model programs of excellence. Tribes and their communities can cite
many examples where they have shaped the successful restoration and
sustainable management of fragile natural resources through a
commitment to stewardship that often requires arduous, through
rewarding, collaboration with states, regional organizations, local
governments and other stakeholders in larger ecosystem management
efforts.
Tribes, as proven effective managers of their own resources, must
be provided with the necessary tools and support as require by the
treaty and trust responsibilities of the Federal Government.
Congressional investment in tribal natural resources management helps
to sustain tribal land and people and grow economies by fostering
tribal economic self-sufficiency, cultural revitalization, and
collaborative working relationships across jurisdictions, supporting
communities and economies throughout the United States.
NCAI has the following recommendations on legislation that will be
considered by Congress this session:
Wildfire Disaster Funding Act. The management of the forests,
grasslands, and rangelands to restore them to resilient ecosystems and
a sustainable environment furthers the protection of our territories,
reservations, treaty and trust resources, and sacred and religious
sites. As wildfires are increasing in frequency and intensity, the
current practice of funding wildfire fighting, transferring funds from
non-fire programs to cover the cost of essential fire suppression, has
undermined the U.S. Department of Agriculture's (USDA) and Department
of the Interior's (DOI) ability to sustainably manage the forests,
grasslands, and rangelands that are critical to tribal culture,
religion, treaty rights, and trust resources.
Legislation introduced in the 113th Congress would treat the budget
for responsible fire suppression in a similar manner to other
emergencies such as floods and hurricanes, while ensuring funding for
general land management and restoration actions that can reduce the
need for wildfire suppression in the future. Identical legislation has
been introduced in the House in the 114th Congress and NCAI urges this
Committee to continue the work of the bipartisan group of Senators and
Congressmen who introduced this legislation in Congress to ensure that
essential forestry funding goes to the necessary programs and that the
critical wildfire disaster funded just like other natural disaster
emergencies.
Magnuson-Stevens Reauthorization. The Magnuson-Stevens Fisheries
Conservation Act (MSFCA) is due to be reauthorized and it is time for
some much needed changes and amendments to incorporate American Indian
and Alaska Native in the decisionmaking processes as well as a need for
improved practices to protect the health of our fish resources.
Despite being charged with the upholding fishing treat rights of
Northwest tribes and the right to fish of Alaska tribes, the management
of the North Pacific Fishery Management Council fails to consider the
needs of American Indian and Alaska Native people and the structure of
the council prevents tribes from participating as part of the
decisionmaking process and engages in a flawed single-species based
management system which does not consider the food web dynamics,
fishing gear impacts, and non-target species taken as bycatch has
resulted in the overfishing of a third of the nation's fish stocks.
Without appropriate reform of the MSFCA, natural fish populations and
the Alaska Native inhabitants' well-being along with the treaty-
protected rights of Pacific Northwest Indian nations and tribes will
continue to be at risk.
NCAI requests that the purpose of the MSFCA be amended to include
promotion of Alaska Native subsistence rights and tribal fisheries
based on treaty rights, including a mandate to be responsive to the
needs of federally recognized tribes, and require that tribes and
Native subsistence users be represented on the North Pacific Fishery
Management Council. Further, it must utilize ecosystembased management
rather than species specific management and additional methods to
better protect fish stocks and health. The management councils as well
as all fishery plans must not only include input from tribes, but must
also reflect treaty rights and subsistence rights American Indians and
Alaska Natives while limiting states' ability to interfere with treaty
and subsistence rights. Finally, the MSFCA must provide resources for
mitigation efforts when needed to protect tribal treaty rights
including: increased hatchery production, habitat protection and
restoration, development of alternative fisheries when primary
fisheries have been reduced, and the development of value added
programs to increase the value of treaty fisheries.
Protection and Health of Tribal Forests. The 2013 Indian Forest
Management Assessment Team (IFMAT) III Report identifies not only the
success of innovative tribal forestry management practices despite
extremely limited federal funding and support, but the possibilities of
continued improvements with some key legislative and administration
policy and funding changes. The Report found that, on a per acre basis,
tribes receive only one-third the funding for forestry and wildfire
management as the U.S. Forest Service, but are to stretch those funds
using holistic approves and traditional ecological practices to
maintain some of the healthiest forests in the country. While this is a
success is a testament to tribal innovation, the funding and staffing
levels continue to dwindle down to amounts well below the levels
necessary to fulfill the fiduciary trust obligations leaving the
ability to do so in the future very much in doubt.
There are several items this Committee and the 114th Congress can
do to help support tribal forestry management while upholding the
federal trust responsibility and promoting tribal self-determination.
First, the Anchor Forests concept needs to be supported by legislation.
Anchor Forests, ``a relatively large multi-ownership area that will
support sustainable long-term wood and biomass production levels backed
by local infrastructure and technical expertise, and endorsed
politically and publicly to achieve the desired land management
objectives,'' are key to forest health and sustainability. Next, while
the Tribal Forestry Protection Act of 2004 (TFPA) was passed to allow
tribes the ability to propose projects on adjacent federal lands to
protect tribal rights, lands, and resources by reducing threats from
wildfire, insects, and disease, the Act has not met these important
expectations. TFPA needs to be amended to expedite consideration,
approval, and implementation of TFPA projects.
In addition to these legislative proposals, NCAI requests that the
Committee should work with the Administration to ensure that tribes can
achieve parity with other governments in the management of their
natural resources and to ensure that adequate consultation is conducted
on matters that impact tribal management of natural resources.
Parity for tribal governments in Natural Resource programs. In
order for tribes to adequately care for and fully utilize their natural
resources and maintain natural resource management programs, funding
for Bureau of Indian Affairs natural resource programs must increase.
Tribal funding has declined incrementally over decades, more
precipitously than other Department of the Interior natural resource
programs, while tribes continue to be excluded from eligibility for
billions of dollars from dozens of natural resource programs across the
federal agencies that are otherwise available to states, local
governments, and other entities.
Consultation. We request the Committee work with the Administration
to ensure tribal inclusion and consultation in the development and
implementation of laws, programs, and policies that affect tribal
interests in natural resources and include tribes as eligible entities
for all conservation programs and measures.
Healthcare
The health and wellness of tribal communities depends on a network
of health, education, and wellness service providers, prevention
coordination, and tribally-driven initiatives. Despite the Federal
Government's trust responsibility to provide health care to our people,
American Indians and Alaska Natives continue to experience the greatest
health disparities in the United States when compared other Americans.
Shorter life expectancy and the disease burdens carried by American
Indians and Alaska Natives exist because of inadequate education,
disproportionate poverty, discrimination in the delivery of health
services, and cultural differences. These are broad quality of life
issues rooted in economic adversity, poor social conditions, and
decades of historical trauma.
Tribal leaders recognize that the responsibility for wellness of
their community lies with the tribal government working in concert with
their citizens and with agencies across the Federal Government. The
Indian Health Service has been and continues to be a critical
institution in securing the health and wellness of tribal communities,
and advance appropriations are necessary for IHS. New health care
insurance opportunities under the Affordable Care Act beginning in 2014
and expanded Medicaid in some states have expanded health care
resources available to many American Indians and Alaska Natives. A fix
to the definition is required to ensure that all American Indians and
Alaska Natives are receiving the special benefits and protections for
American Indians and Alaska Natives. However, these new opportunities
are still no substitute for the fulfillment of the federal trust
responsibility.
Advance Appropriations for the Indian Health Service. NCAI along
with many national and local health boards are on record supporting the
need for legislation to authorize advance appropriations for the Indian
Health Service. Since 1998, appropriated funds for medical services and
facilities through IHS have only been provided before the commencement
of the new fiscal year one time. Late funding has resulted in
significant challenges to tribal and IHS programs as to budgeting,
recruitment and retention, provision of services, and facility
maintenance and construction efforts, as well as other areas.
The goal of advance appropriations is for the Indian Health Service
and tribal health care providers to have adequate advance notice of the
amount of federal appropriations to expect to administer health
programs and services to American Indian and Alaska Native people and
thus not be subjected to the uncertainties of late funding and short-
term continuing resolutions. Congress provides advance appropriations
for the Veterans Administration medical accounts, and the request is
for parity in the appropriations schedule for the IHS.
Definition of Indian in the ACA. The Affordable Care Act provided
for permanent reauthorization of the Indian Health Care Improvement
Act, ending a 17 year effort for reauthorization. Tribes are adamantly
opposed to repeal of the ACA, however, if this Congress takes up
specific provisions of the bill, tribal leaders seek a fix to the
definition of Indian within the ACA. There are three separate
definitions of Indian throughout the ACA which creates confusion in
eligibility for certain benefits. Tribes seek consistency in the
definitions to ensure that all those currently eligible for benefits
continue with those benefits.
Permanent Reauthorization of the Special Diabetes Programs for
Indians. At nearly 16.1 percent, the American Indian and Alaska Native
population has the highest of diabetes among all U.S. racial and ethnic
groups, and an estimated 30 percent percent of American Indians and
Alaska Natives are pre-diabetic. In 1997, Congress addressed the
growing epidemic of diabetes in American Indian and Alaska Native
communities by passing the Balanced Budget Act which established the
Special Diabetes Programs for Indians. The Special Diabetes Programs
for Indians provides assistance for developing local initiatives to
treat and prevent the disease and has served as a comprehensive source
of funding to address diabetes issues in tribal communities by
providing grants for diabetes prevention and treatment services to more
than 400 Indian Health Service, tribal, and urban Indian health
programs in 35 states. These grants are critical to improving the
overall health of American Indian and Alaska Native people because they
greatly enhance the effectiveness of preventative health programs and
allow programs aimed at stopping the spread of diabetes to children and
young adults to be established.
The Special Diabetes Program for Indians was last reauthorized in
2014 for a period of one year, and its current authorization expires on
September 30, 2015. NCAI requests that legislation permanently
reauthorized and that full funding be provided for the permanent
continuation of this program.
Exempt Tribal Employers from the ACA Employer Shared Responsibility
Mandate. The Employer Shared mandate violates the federal trust
responsibility because it requires AI/ANs to pay for the cost of their
own health insurance and also requires tribes to subsidize IHS
services. AI/AN are exempt from the individual mandate and AI/AN should
not be required either directly or indirectly to pay for private
insurance offered by their employer. Most importantly, the mandate will
be unaffordable for many tribal employers and require them to use
limited resources towards either insurance premiums or shared
responsibility payments which could be used for other services and
programs.
Native Veterans
American Indians and Alaska Natives have proudly served in the
United States military since the Revolutionary War. From earlier
struggles such as the Spanish-American War to the present-day conflicts
in Iraq and Afghanistan, Native people continue to serve at higher
percentages than any other ethnic group. It is estimated that over
150,000 veterans identify as American Indian and Alaska Native, with
over 24,000 active duty Native service members currently serving in the
Armed Forces. With their warrior tradition and the sacrifices that have
been made, it is vital to create sound policies and programs to promote
the overall wellbeing of our Native veterans. NCAI seeks fair and
dignified treatment of all veterans while advocating for federal
support and funding for Native veteran programs and services that are
greatly needed and deserved.
Native veteran issues are similar to non-veteran tribal community
members, adequate health care to address increases in the incidence of
diabetes, various types of cancer, neurological and autoimmune
disorders; unemployment; domestic violence; substance abuse; criminal
activity; and suicide. Native veterans are the single most underserved
group of veterans of the American Armed Forces. Geographical distances
present challenges for many veterans to access resources and programs
not only for compensation and pensions, but for economic and
educational benefits through the Department of Veterans Affairs (VA),
the Department of Labor, the Small Business Administration, and other
federal agencies and entities. This is particularly true of those who
live on reservations and in tribal communities where there are
considerable distances between clinics and medical centers operated by
the Department of Veterans Affairs Health Administration.
Tribal Veterans Service Officers in Indian Country--Parity with
State and County Veterans Service Officers. Tribal veterans should have
equal access to representation and the benefit of services from the
Department of Veterans Affairs (VA). One great first step to better
ensuring this happens for our veterans is to provide the establishment
of Tribal Veteran Service Officers (TSVOs) who are designated by local
tribal leadership. These officers would function on the same basis as
state and country veterans service officers pursuant to 38 C.F. R.
Sect. 14.628. The current use of Tribal Veterans Representatives (TVRs)
is insufficient as their purpose is to purely disseminate information
to veterans, not to be their advocates. TVRs are trained by VA
personnel often with no knowledge or awareness of the local Native
culture and needs. TVSOs makes sense both as a matter of tribal
sovereignty of providing their own representation and advocacy on
behalf of tribal governments' veterans before the VA. Further, TVSOs
will ensure greater cultural competency in the pursuit of claims
arising from psychic trauma and other mental/behavioral issues
affecting veterans--they will provide for cultural competent mental
health evaluations and facilitate the use of traditional healing
practices in that process. TVSOs would meet the same employment/
appointment, training, and certification standards that apply to State
and County Veterans Service Officers.
Indian Health Service/Veterans Administration--Memorandum of
Understanding. It is appalling that Native veterans have become victims
of bureaucratic technicalities in the health care delivery system. In
2010 the Indian Healthcare Improvement Act was permanently reauthorized
as Title X under the Patient Protection and Affordable Care Act.
Included in Title X was a provision mandating the Department of
Veterans Affairs (VA) to reimburse tribes, the IHS, and tribal
organizations for services provided to veterans. A memorandum of
understanding has since been established between the VA and the Indian
Health Services to aid this provision. However, the Veterans
Administration is only reimbursing tribes that (1) agree to enter into
a model agreement the VA has developed, and (2) the VA does not allow
for reimbursement of purchased/referred care provide through tribal
health programs to veterans, limiting reimbursement to only direct
service care. The Veterans Administration's implementation of this
provision of Title X must be done in a manner that is streamlined and
focuses on providing timely and quality health care. We are asking
Congress to conduct oversight hearings on this matter to ensure the
most effective delivery of health services to which Native veterans are
entitled.
Improper State Taxation of Reservation-Domiciled Service Members.
Federal law prohibits states from taxing the pay of military service
members who are not a domiciliary of that state. However, for years now
the U.S. Department of Treasury has improperly withheld military pay
for states from American Indian service members domiciled on
reservations. The enlistment process must be changed with notification
given to Native veterans who are residing in Indian Country in order to
prevent this wrongful taxation. We call upon Congress to address this
matter by providing Congressional oversight and ask the Chairman to
address this matter and contact officials from all relevant departments
and agencies including but not limited to: the Department of Defense,
the Department of Veterans Affairs, the Department of Treasury, and the
Department of Justice. We must make sure that our service members are
receiving their full compensation for their honorable service to our
nation.
Conclusion
NCAI appreciates the opportunity to present Indian Country's
priorities for the 114th Congress to the Committee. We look forward to
working with the Indian Affairs Committee and its members during this
Congress to advance the interests of tribal governments in accordance
with the federal trust responsibility.
The trust relationship in the 21st Century must maintain the
nation-to-nation treaty obligations, such as the provision of
education, public safety, health care and more, while promoting tribal
capacity and governance. That relationship has evolved over time to
recognize the self-governance potential of Native peoples and
governments, but also needs to be modernized to reflect the needs of
Native people today. The Congress, and this Committee, in meeting its
treaty and trust obligations, plays a key role in Indian country. If
Congress shrinks away from its commitments it leads to grave impacts to
the harmony of tribal communities. But when, this Committee, and the
Congress as a whole honors its commitments based in the trust
responsibility while promoting tribal self-determination, Native people
and leaders can solve long-standing social and economic dilemmas.
The Chairman. Thank you so much for your testimony.
Melvin Monette, who is the President of the National Indian
Education Association. Welcome.
STATEMENT OF MELVIN MONETTE, PRESIDENT, NATIONAL INDIAN
EDUCATION ASSOCIATION
Mr. Monette. Thank you, Chairman Barrasso, Vice Chairman
Tester and members of the Committee. Thank you for inviting the
National Indian Education Association here today to provide
testimony on Indian Country priorities for the 114th Congress.
I am Melvin Monette, President of the National Indian Education
Association and a citizen of the Turtle Mountain Band of
Chippewa Indians.
Before I begin, I want to add that NIEA supports the
requests of our partner organizations here today and requests
that the chairman submit our written testimony and supplemental
documents into the record.
During the State of the Union address, the President
rightfully celebrated the Nation's all-time high graduation
rates among high school students. Unfortunately, the stressed
graduation rates and academic successes are not representative
of many communities. Native students continue to trail their
peers in reading and mathematics. Our students face some of the
lowest high school graduation rates in the Country. Among many
causes, these trends can be traced to disproportionately high
incarceration and criminal recidivism in Native communities.
Native education is one of the most effective and efficient
investments the Federal Government can make. Data illustrates
an initial investment in education creates future successes,
which decreases incarcerations, instances of traumatic violence
and repeat criminal offenses later in life. To provide the
needed investments, NIEA provides the following
recommendations.
Congress should work with tribes to increase self-
determination within the Elementary and Secondary Education
Act, or ESEA. Provide critical Bureau of Indian Education
reform oversights, and support holistic Native youth programs
such as juvenile justice resources.
I will briefly discuss each, beginning with the ESEA
authorization. Tribes and Native communities have long awaited
the opportunity to partner with Congress to take bold actions
on improving education systems serving Native communities. As
the ESEA reauthorization gains momentum, we look forward to
working with this body and others to ensure any ESEA
reauthorization language specifically gives tribes eligibility
to directly administer educational resources. Tribes have shown
great success in delivering health care and other local
services but now is the time to allow tribes the ability to
provide similar solutions to the education dilemma in our
communities.
The Federal Government should work directly with tribes to
develop their capacity to administer ESEA title programs,
including critical language immersion and culture courses, in
schools that are serving Native students and are located on
tribal lands. Tribes understand their children best and can
more efficiently and effectively address their students' unique
cultural and educational needs.
Regarding BIE reform, NIEA was optimistic when we learned
of the renewed effort to reform the BIE school system. We
appreciate the continued outreach BIE has provided in
coordination with NIEA, but we respectfully agree with tribes
who continue to request detailed written information on what
reform means for our local communities.
The current plan for BIE reform, while well-intentioned,
was not a direct result of extensive tribal consultation. So,
after a year of implementation, we must ensure proper
oversights and accountability measures are in place to monitor
the Bureau's reorganization.
We request that this Committee form a Congressional
investigation into the BIE restructuring to ascertain if the
secretarial order creates any statutory conflict as well as
document DOI proposed offsets intended to pay for the
restructuring. We also request an immediate convening of a
tribal leaders oversight committee, which would report to
Congress on the current status of the reform and guarantee
tribal concerns are heard and addressed.
Regarding juvenile delinquency in Native communities,
Native youth comprise only 1 percent of the Nation's youth. Yet
they account for 3 percent of offenders. For some offenses,
Native youth are arrested twice and three times as often. That
is why it is critical that the Federal Government work with
tribes to decrease the rates of violence and juvenile
delinquency and address continued instances of recidivism.
Our populations are among America's most vulnerable, yet
our programs are often hit hardest during Federal funding
negotiations. We hope to work with you to reinstate $620,000
for juvenile detention education and BIA funding at facilities,
as well as provide critical educational services to detained
and incarcerated youth. We then need you to work with local
partners and tribes across the Country to develop sound plans
for addressing local concerns.
As tribes increase their governance and education, they
need support to assist in accelerating local relationship
building and holistic juvenile services throughout their school
systems. By strengthening tribal sovereignty and education, we
will make the tribe the central nexus for connecting parents
and families to critical programmatic supports, while also
ensuring the use of a culturally responsive methodology.
The opportunity for educators, families and tribal leaders
to change a child's life is extensive. But their combined work
must be supported here in Washington and grounded in tribal
self-determination and the preservation of the Federal trust
responsibility. NIEA appreciates your continued support to do
just that, and I look forward to answering any questions you
may have. Thank you.
[The prepared statement of Mr. Monette follows:]
Prepared Statement of Melvin Monette, President, National Indian
Education Association
Chairman Barrasso, Vice Chairman Tester, and members of the
Committee, thank you for inviting the National Indian Education
Association (NIEA) to testify today. I am Melvin Monette, President of
NIEA and a citizen of the Turtle Mountain Band of Chippewa Indians. On
behalf of NIEA, I am grateful for this opportunity to provide testimony
for the record on ``Indian Country Priorities for the 114th Congress.''
I would also like to thank the Committee for hearing the collective
call of tribes and Native communities regarding the need to highlight
the priorities and needs of our communities. The commitment of this
Committee is critical as we work together to ensure equitable
educational opportunities are provided to Native students.
NIEA, founded in 1969, is the most inclusive Native organization in
the country-representing Native students, educators, families,
communities, and tribes. NIEA's mission is to advance comprehensive
educational opportunities for all American Indians, Alaska Natives, and
Native Hawaiians throughout the United States. From communities in
Hawaii, to tribal reservations across the continental U.S., to villages
in Alaska and urban communities in major cities, NIEA has the most
reach of any Native education organization in the country.
The State of Native Education
Put simply, Native students are leaving high school unprepared for
college and careers. Among numerous issues, these trends are often due
to disproportionately high incarceration and criminal recidivism rates.
In 2011, greater percentages of Native students and youth--nearly three
to one--were incarcerated when compared to their non-Native peers.
Consequently, in the last decade only 52 percent of Native students
enrolled in higher education programs immediately after high school
graduation with fewer than 40 percent of those students graduating with
a bachelor's degree in six years. \1\ In contrast, nearly 62 percent of
White students graduated within six years.
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\1\ U.S. Department of Education, Institute of Education Sciences,
National Center for Education Statistics, National Assessment of
Educational Progress (NAEP), 2005, 2007, and 2009 National Indian
Education Studies.
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For Native students to succeed in school and become our next
generation of leaders, Native communities need the Federal Government
to provide resources and support systems to guarantee tribally-led
initiatives create safe environments and opportunities that decrease
juvenile delinquency among Native youth. \2\ Education is critical to
breaking the cycle of violence and criminal activity many Native
students currently face. Unfortunately, historical funding trends
illustrate that the Federal Government is abandoning its' trust
responsibility by decreasing federal funds to Native-serving programs
by more than half in the last 30 years. Although tribes work to divert
precious funds to cover shortfalls, there are simply insufficient
resources for decreasing crime and increasing student achievement.
Until reinvestment takes place, reoccurrences of crime, violence, and
low student achievement will remain commonplace.
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\2\ U.S. Census Bureau, American Community Survey 2005-2009
estimates.
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The Federal Trust Responsibility
Since its inception, NIEA's work has centered on reversing the
negative statistics characterizing Native students. Established through
treaties, federal law, and U.S. Supreme Court decisions, the federal-
tribal trust relationship includes a fiduciary obligation to provide
parity in access and equal resources to all American Indian and Alaska
Native students, regardless of where they attend school. Under the
Federal Government's trust corpus in the field of Native education, it
is important to state that the obligation is a shared trust among the
Administration and Congress for federally-recognized tribes.
Native education is one of the most effective and efficient
investments the Federal Government can make because data suggests that
initial investments in education create future success, which results
in fewer incarcerations, instances of traumatic violence, and repeat
criminal offenses later in life. Likewise, reinvesting in the services
and programs tribes and Native communities utilize to combat juvenile
delinquency and criminal recidivism will support the education systems
necessary for creating student preparation for college and careers.
As such, NIEA applauds this Committee's commitment toward upholding
the trust relationship and our communities and tribes. NIEA priorities
for the Committee broadly fall under three categories: Elementary and
Secondary Education Act (ESEA), Bureau of Indian Education (BIE) reform
oversight, increasing holistic Native youth support systems such as
juvenile justice resources, as well as general priority provisions.
Implementing the following recommendations would ensure the Federal
Government upholds this trust relationship by reinvesting critical
resources that decrease violence and improve the education systems
serving Native students.
I. ESEA Reauthorization Recommendations
The ESEA reauthorization is a key opportunity for the Federal
Government to uphold its' trust responsibility and fairly provide
Native students education services based on principles of
accountability, equity, and excellence. The ESEA is in pressing need of
updating and we request that the United States honor its' commitment to
tribes and Native education by strengthening tribal self-determination
and fairly providing Native students comprehensive educational
opportunities by incorporating NIEA's ESEA priorities within any
reauthorization.
During the State of the Union Address, President Obama rightfully
celebrated the nation's all-time high graduation rates among high
school students. Unfortunately, the stressed graduation rates and
academic successes are not representative of many Native communities.
NCLB has done little to address the longstanding challenges affecting
Native students. Over the past decade, Native students continue to
trail their peers in reading and mathematics (grades four and eight).
Nationwide, our students face some of the lowest high school graduation
rates with even fewer students graduating from college. Native
education is in a state of emergency and tribes have long awaited the
opportunity to partner with Congress to take bold action that will
significantly improve the education systems serving Native communities.
Tribes and Native communities have an enormous stake in their
children's education. While the ESEA reauthorization must provide
effective accountability to protect the civil rights of all Americans,
the ESEA reauthorization must also be a commitment to the sovereignty
of this country's First Americans. As such, the ESEA draft should be
revised to support tribal nations as they develop their ability to
deliver education services as well as coordinate with local and state
educational agencies. Only by including the following priorities will
an ESEA reauthorization ensure effective and efficient use of funds and
delivery of resources to Native communities as well as increase Native
student achievement.
Priorities Implementation
Strengthen Native Participation in Education: Tribes should
have the authority to build their capacity to administer
education title programs. Native leaders understand their
children best and can better address their students' unique
cultural and academic needs.
Encourage Tribal/State Partnerships: While the Federal
Government has a trust responsibility to work with tribes,
tribal concerns are often excluded at the state and local
level. The ESEA reauthorization should require local and state
educational agencies to closely work and meaningfully consult
with tribes when developing applications and plans for ESEA
title programs.
Preserve and Revitalize Native Languages: The continued
existence of Native languages is crucial to protecting and
strengthening Native culture and tribal communities as well as
increasing the academic achievement of Native students. Any
ESEA reauthorization should provide resources for eligible
schools to participate in a program to develop and maintain
Native language immersion education models.
Increase Access to Native Student Records: Native students
often transfer between federal, state, and tribal school
districts, which creates information gaps as systems are not
required to track and coordinate student data. The ESEA
reauthorization should provide the ability for schools and
state and local educational agencies to share Native student
data with their local tribes. Providing such information will
create longitudinal student statistics that will help schools
and Native partners alleviate issues that decrease Native
student achievement.
II. BIE Reform: Oversight and Accountability to Strengthen Tribal Self-
Determination
While Native education stakeholders and tribes have numerous
priorities geared toward improving their education systems, NIEA would
be remiss if testimony excluded the important influence of BIE reform
and its' reorganization. Since the late 20th Century, the Federal
Government has worked to strengthen tribal capacity to directly serve
their own citizens. In this spirit, Congress must ensure federal
programs support local reforms necessary to increase self-
determination.
Congress should work with the Administration to ensure proper
oversights and accountability measures are in place for the BIE reform
process. As the reorganization enters its second year, more information
must be disseminated to tribes on the status of the reform. NIEA
appreciates the BIE webinars and outreach held in coordination with our
organization. However, tribes continue to request written information
for what reform means for their local communities as well as guidance
for the overall authority claimed by the BIE to make such reforms
without congressional action.
The current proposal for BIE reform, while well intentioned, was
not a direct result of tribal consultation, so we must ensure proper
oversights and accountability measures are in place to monitor the
Bureau's reorganization and its' federal programs utilized by tribes.
The Committee should form a congressional investigation into the BIE
restructuring and Blueprint for Reform to ascertain if the Secretarial
Order creates a statutory conflict and to document Department of the
Interior proposed offsets to pay for the restructuring. To carry out
such measures, the Committee should also convene oversight hearings
with appropriate congressional committees to ensure oversights and
accountability measures are in place for the reform process and that
accurate information is provided to tribes and their education systems.
Priorities Implementation
Congress should ensure federal programs support local
reforms necessary to increase self-determination.
Congress should work with the Administration to ensure
proper oversights and accountability measures are in place for
the BIE reform process as well as call on the Secretary of the
Interior to disseminate detailed guidance to tribal communities
for the local reform implementation process and what BIE
reorganization means for local Native communities and Native
students, families, and educators.
The Committee should immediately call for and convene a
tribal leaders' oversight committee to report to Congress on
the current status of the reform in order to provide needed
oversight and accountability.
III. Decrease Juvenile Delinquency in Native Communities
1.) Meaningful Cooperation: U.S. Department of Health and Human
Services (HHS) statistics reveal that American Indian children face
higher rates of child abuse and neglect, juvenile delinquency, suicide,
substance abuse, and lower rates of academic achievement. \3\ For
example, the Youth Risk Behavior Survey illustrates that 16 percent of
students at BIE schools in 2001 reported having attempted suicide,
which is the second largest cause of death among Native youth--twice as
many as the national average. As Native children face higher rates of
violence at home, such unsafe environments often translate into issues
in the classroom resulting in lower achievement rates.
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\3\ Attorney General's Advisory Committee within the Department of
Justice. 2014 Report on American Indian/Alaska Native Children Exposed
to Violence. November 2014.
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NIEA was excited by the creation of the Attorney General's Advisory
Committee within the Department of Justice (DOJ) as well as the work of
the DOJ Task Force to hold open meetings and develop a 2014 Report on
American Indian/Alaska Native Children Exposed to Violence. However, we
were disappointed by the absence of classroom teachers and school
administrators among Task Force experts, as they are on the front lines
of school violence and understand Native students' needs. Educators are
often the first to witness and handle occurrences of violence and this
gap in expertise is discouraging. It is critical that the role of
education is not underestimated in its ability to combat the many
issues causing community violence and juvenile delinquency both in-
school and after school.
Much work lies ahead. NIEA requests that Congress work with the
Administration to take concrete steps to support the reforms required
for increasing the capacity of tribes to govern education systems and
address issues facing Native students. To achieve this, the federal
agencies should help tribes increase their ability to administer
education services in Native-serving schools and increase federal
partnership opportunities with tribes and local leaders to support the
tribal role to create community awareness that bolsters tribal
collaboration and familial engagement that prevents violence and
delinquency.
Priorities Implementation
Engage Native education stakeholders, tribes, and local
juvenile delinquency partners to create best practices and
locally-led support services geared toward providing Native
students' safe learning and after-school environments conducive
for student success.
2.) Agency Cooperation: Because the BIE is located in many Native
communities beset by violence and juvenile delinquency, cross-
departmental support is crucial as tribes increase their capacity to
administer education, mental health, and violence prevention services
that keep students in school, deter criminal activity, and decrease
violence. Although the BIE only serves seven percent of Native
students, the BIE is uniquely situated to become a fundamental
component to fighting community violence. BIE schools are centrally
located in many Native communities, which provide the BIE the
opportunity to become a catalyst for working as a capacity builder and
creating community awareness.
DOJ should join the BIE and other agencies in providing resources
to tribes for accelerating local reforms and aligning violence-
reduction services with tribal education priorities based on local
needs. Federal agencies must work locally in order to catalyze reform
efforts and create high-performing schools, federal agencies would also
provide on-going technical assistance to help tribes become the
education leaders in their communities. These efforts would include
coordinating a local network of services--whether they are led by the
Department of the Interior (DOI) or DOJ--to provide complimentary
supports to increase academic achievement while also addressing issues,
such as substance abuse or other violence or psychologically-related
issues.
Priorities Implementation
Federal agencies, such as the Department of Justice, should
ensure local cross-departmental support assists tribes as they
increasingly administer education, mental health, and violence
prevention services that keep students in school, deter
criminal activity, and decrease violence.
Ensure the BIE becomes an entity that works directly and
meaningfully with tribes to provide Native-serving schools
culturally sensitive juvenile programs.
3.) Decrease Recidivism Rates Among Native Children through Policy
and Appropriations Reform: The Federal Government should work with
tribes to decrease the rates of violence and juvenile delinquency among
Native children as well as instances of recidivism. Native students and
young adults should be eligible to receive critical funding for
education programs, even if they have been incarcerated. These
populations are among America's most vulnerable and should have the
resources necessary to provide them opportunity to overcome past
transgressions and achieve an education to become a strong citizen.
Unfortunately, under the No Child Left Behind Act of 2001 (NCLB)--the
current iteration of the ESEA--entities operating as detention
facilities under Justice and Delinquency Prevention programs are
ineligible for ESEA Title funds because such facilities are not
interpreted as eligible local education agencies.
ESEA statute prohibits such institutions from providing critical
education resources to Native students. As such, NIEA recommends that
Congress works to reform current law to provide all Native students
education resources that set them on the path to success no matter
where they are located. While Native youth comprise of only 1.1 percent
of the national youth population, they account for 3 percent of
offenders. \4\ For some offenses, Native youth are arrested twice or
three times as often. Therefore, providing education resources makes
sense as more federal resources are often expended on recidivism and
repeat offenders than would be otherwise provided for initial
educational resources and tools to those serving in detention
facilities. Creating opportunities and a means for self-betterment
makes more sense than supporting Native children repeatedly returning
to a life of crime and violence.
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\4\ Justice Policy Institute, Calculating the Full Price Tag for
Youth Incarceration. December 2014
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Priorities Implementation
Reform the ESEA to ensure entities operating as detention
facilities under Justice and Delinquency Prevention programs
are eligible for ESEA Title funds as local education agencies.
Reinstate $620,000 for juvenile detention education in BIA-
funded facilities and increase the funding line to provide
critical educational services to detained and incarcerated
youth at 24 BIA-funded juvenile detention facilities.
4.) Disseminate Best Practices: While the ability to analyze and
discuss issues facing Native youth in hearings, such as these is
critical for developing plans to address violence and delinquency,
action must be taken locally in our communities to gather input from
and provide supports for those personally connecting with our children.
Educators, tribal education and child welfare service directors, as
well as parents and family members, must be engaged to increase
collaboration, so they may detail local initiatives that meet their
community's needs. Services from DOJ, such as technical assistance on
juvenile delinquency and substance abuse, should be present to ensure
complimentary support as tribes develop community-driven engagement
models, such as town halls and professional development sessions, which
create action in Native-serving schools for minimizing violence.
As tribes increase their governance in education, they can assist
by accelerating relationship building by making the school the central
nexus for engaging parents in a culturally-responsive methodology that
creates community buy-in. Tribes must be engaged with their local
educators and schools in order for Native-serving institutions to
understand how to work with parents and build community relationships.
DOJ and the BIE can support these efforts by setting up models for
tribal collaboration among the schools and justice programs. NIEA has
created similar community pilot programs that increased the ability of
tribes to engage local teachers in curriculum development.
In the Jemez Pueblo located in New Mexico, tribal leaders hold
monthly collaborative meetings with public, charter, and BIE school
administrators and teachers in order to ensure they are meeting local
needs by coordinating calendars, placing elders in the classroom to
help with cultural learning, and implementing community-wide
professional development training. Such trainings ensure the exchange
of best practices as well as create support systems for addressing the
needs of their Native children. This collaborative model can and should
be used across a variety of Native communities in order to disseminate
best practices among peers in battling crime and violence. Regardless
of whether it is curriculum development or reducing violence in the
community, local cooperation is critical for creating the family and
tribal engagement needed to reduce local violence.
The opportunity for educators, families, and tribal leaders to
change a child's life is extensive, but their support must be
continually present. By tribes developing their capacity to
increasingly work with their schools and families in order to provide
services and collaborative engagement, families will stay informed and
feel appropriately comfortable participating in their child's life.
When a parent understands and trusts the system teaching or helping
their child with an issue, the parent will support those institutions.
The Federal Government should not work in a vacuum but cooperate with
local schools and tribes to develop the trust necessary to effectively
combat community violence. It must be a coordinated effort centered on
the tribe and its community ties.
Priorities Implementation
Support federal engagement of local educators, tribal
education and child welfare service directors, as well as
parents and family members to increase collaboration for
detailing local initiatives necessary for meeting community's
needs.
Reinforce successful tribal and state initiatives that are
driving innovation for tribal-state collaboration, such as
Jemez Pueblo collaborative meetings and New Mexico's tribal
notification law that ensures that when youth from Native
communities are arrested, the tribe is notified to ensure local
culturally-respectful treatment and supports are provided.
IV. General Priorities
1.) Additional ESEA Recommendation: In addition to the priorities
included above, NIEA also requests that the complete recommendations
and draft language for reforming the Elementary and Secondary Education
Act are included into the record.
2.) Budget Recommendation: NIEA also requests that our annual
budget document funding requests are also entered into the record.
Funding for many Native-serving programs is consistently underfunded.
Only by appropriating the requested levels would the Federal Government
begin to address the years of underfunding and uphold the federal trust
responsibility.
3.) Carcieri Recommendation: It has now been six years since the
devastating Supreme Court decision in Carcieri v. Salazar, which held
that only tribes ``under federal jurisdiction'' in 1934 are eligible
for the Indian Reorganization Act's land into trust provisions. This
ruling jeopardizes the ability for all federally recognized tribes to
rebuild their communities and provide critical programs, as tribal land
bases are the very foundation of tribal sovereignty and economies. The
legal ambiguities resulting from Carcieri have further delayed the
already severely backlogged land-into-trust process, and have resulted
in other harmful case law challenging and destabilizing land that has
been held in trust for decades. As such, we continue to seek
legislative relief that would return tribes to a status quo of 75 years
of prior practice--restoring the Secretary of the Interior's authority
to take land into trust and reaffirming existing trust lands. NIEA, in
coordination with our tribal partners, urges this Committee to end the
chaos that has resulted from this erroneous decision and pass a clean
Carcieri fix.
Conclusion
NIEA appreciates the continued support of this Committee and we
look forward to working closely with its members. We share your
commitment to Native education. Strengthening our partnership will
ensure all Native-serving schools are as effective as possible and that
tribes have more access to administer education services. We must make
sure federal programs provide tribes and Native-serving schools the
tools necessary to improve and assist Native communities in providing
services to our citizens as well as decrease instances of juvenile
delinquency and violence. This effort cannot be a top-down approach,
but a measure created through grassroots support at the tribal level
but supported through federal programs and funding.
To achieve success, there must be collaboration among all entities
that touch a Native child's life and at all levels--tribal, federal,
state, and local. Only by working with all stakeholders in all
education systems will we increase our students' preparedness for
success and decrease the issues that lead to high dropout rates and
increased juvenile delinquency in Native communities. Once again, thank
you for this opportunity.
Attachments to this prepared statement have been retained in
the Committee files see:
http://origin.library.constantcontact.com/download/get/file/
1103596296665-410/NIEA+Budget+Document.pdf
http://files.ncai.org/broadcasts/2013/May/
Summary%20of%20Native%20Education%20Recs,%20May%202013.pdf
The Chairman. Thank you very much for your thoughtful
testimony.
Mr. Gary Davis is here as President and CEO of the National
Center for American Indian Enterprise Development, in Mesa,
Arizona. Thank you and we look forward to hearing from you.
STATEMENT OF GARY DAVIS, PRESISDENT/CEO, NATIONAL CENTER FOR
AMERICAN INDIAN ENTERPRISE DEVELOPMENT
Mr. Davis. Good afternoon, Chairman Barrasso, Ranking
Member Tester and Members of the Committee. I am Gary Davis, a
proud member of the Cherokee Nation of Oklahoma and President
and CEO of the National Center for American Indian Enterprise
Development. Thank you for inviting the National Center's views
on Indian Country's priorities for this Congress, focusing on
economic and business development, especially recommendations
that this Committee can advance.
The National Center, now in its fifth decade, is the
Nation's leading and longest-serving national organization
dedicated to developing American Indian self-sufficiency
through business ownership. We have expanded our services to
range from business and supply chain management to procurement
and technical assistance for thousands of businesses nationwide
that are owned by Indian tribes or American Indians, Alaska
Natives or Native Hawaiians. We encourage investment in Indian
Country by assisting and promoting these Native business
interests in the commercial and government marketplaces, both
domestic and international.
We also produce national and regional reservation economic
summits and trade shows, known as RES, that attract thousands
of business and tribal leaders of indigenous groups in America,
Canada and other countries and Native entrepreneurs. At our
upcoming National RES, March 9 through 12, we will launch our
new Native Edge Business Development and Training web portal,
utilizing technology and the internet to provide tremendous
opportunities, receive business assistance, conduct business
and trade, advertise and find procurement offerings and job
openings, improve job skills and advance education and
business.
We will provide far more services online than we have been
able to offer over the phone or in our offices to countless
more Native businesses and entrepreneurs, tribes and tribal
enterprises, whenever it essential or convenient for those
users to go online.
At last year's RES DC, we streamed this Committee's hearing
on economic development into the conference for our
participants to see and hear. In my testimony for that hearing
and at the Committee-sponsored listening session on economic
development at our RES Wisconsin conference on October 9th, I
outlined proposals the National Center has long advanced for
economic and business development in Indian Country.
Therefore today, I will limit my remarks to these
categories of actions that the Committee should take to address
key economic and business development priorities. Category one,
committee oversight actions. Whether at the oversight hearings
or letters requesting repots, the Committee should ask for
essential data that might not ever come to light or even be
developed or collected in the first place on these subjects.
First, Buy Indian Act implementation and enforcement. Interior
finally issued implementing regulations and has pledged to
increase Buy Indian procurement awards by 10 percent, so we are
starting to see some results. From our own RES oversight
workshops on Buy Indian contract progress, we know BIA is doing
good work. Less is known about IHS' use of this important
contracting authority. It is reportedly sparing, at best.
We urge this Committee to hold an oversight hearing to hear
specifics from Interior, BIA and IHS, including their
contracting officers, on historical and current use of Buy
Indian Act procedures and on increases in the number and value
of procurement awards to Indian-owned economic enterprises.
A second area for oversight is the status of Native
American Affairs offices at Commerce and SBA. This Committee
should hold an oversight hearing on Commerce's efforts to
fulfill duties prescribed by two Acts passed in 2000 as well as
other authorities, to galvanize economic and business
development in Indian Country. Commerce also should explain how
and when it plans to expand the office dedicated to Native
American business development authorized in 2000 within its own
budget.
Category two, Committee recommendations on Indian program
funding. These are not requests for handouts. They are requests
for programs that use minimal Federal funds for maximum
economic development impacts in Indian Country.
We urge the Committee to raise the following key programs
in hearings and letters on the fiscal year 2016 budget request.
Fifteen million dollars for the Indian Loan Guaranty Program,
which leverages minimal Federal funds for a credit subsidy to
facilitate substantial conventional lending for Indian economic
and business development. In 2006, this Committee spearheaded a
huge increase in the aggregate limit on Indian guaranteed loans
from $500 million to $1.5 billion. However, Congress has funded
this program's credit subsidy at less than $7 million, limiting
total guaranteed loans to less than $100 million. A $15 million
credit subsidy could afford guarantees for about $240 million
in total loans.
Number two, provide $15 million for Native CDFIs and report
language on new market tax credit allocations for Indian
Country. Since none of the last two rounds of NMTC allocations
went to the community development entities, or CDEs that
primarily or exclusively serve Indian Country, we urge the
Committee to signal a desire to see a greater percentage of
NMTCs allocated to CDEs that do focus on community housing,
economic and business development in Indian Country.
Three, provide line item funding for the Office of Native
American Affairs within Commerce's departmental management
budget and SBA's budget.
Category three, legislation to achieve parity. The National
Center applauds this Committee's search for proposals, vetted
or new, to enhance Indian economic and business development. We
recommend focus on high priority, parity-forging legislation
that has gained consensus support in Indian Country to one,
restore parity in trust land acquisition by passing legislation
like last year's S. 2188, so that all federally-recognized
Indian tribes can protect and enhance their tribal lands to
attract investment, create jobs, and build self-sustaining
tribal economies. The Committee might also consider proposals
to make it easier to develop Indian lands to support economic
development and generate self-sustaining income.
Two, reach parity and incentives for energy investment and
other economic development on Indian lands, Congress should act
on vetted legislation, Chairman, like your bill, to remove
regulatory barriers to Indian energy and infrastructure
development on Indian lands and provide tribes more funding
mechanisms to develop their energy resources.
Thank you again for inviting the National Center's
testimony today.
[The prepared statement of Mr. Davis follows:]
Prepared Statement of Gary Davis, Presisdent/CEO, National Center For
American Indian Enterprise Development
Good afternoon, Chairman Barrasso, Ranking Member Tester and
members of the Committee. I am Gary Davis, President and CEO of the
National Center for American Indian Enterprise Development, and I thank
you for inviting the National Center's views on Indian Country
priorities for the 114th Congress, focusing on economic and business
development recommendations and specifically some that this Committee
can take the lead in advancing.
The National Center, now in its 5th decade, is the Nation's leading
and longest serving national organization founded to dedicate its
efforts solely to developing American Indian self-sufficiency through
business ownership. While maintaining that dedication, the National
Center has expanded its services to range from business and supply
management to procurement technical assistance for hundreds of Indian
tribes and thousands of businesses nationwide, whether owned by Indian
tribes or American Indians, Alaska Natives or Native Hawaiians. We
encourage investment in Indian Country by assisting and promoting these
Native business interests in commercial and government marketplaces,
both domestic and international. We also produce national and regional
Reservation Economic Summits (RES) and Trade Shows that attract
thousands of leaders of tribal governments and their enterprises,
businesses owned by indigenous groups in American and those from Canada
and other countries, as well as Native entrepreneurs. All these folks
attend our RES events because we feature training sessions, business
matchmaking and extensive networking opportunities, as you can see from
the agenda posted online for our National RES on March 9-12, 2015:
www.res.ncaied.org/national-res-las-vegas-agenda/.
We have extended RES to regional conferences, last October in
Wisconsin and last June in DC. In fact, this Committee's June 25, 2014
hearing on ``Economic Development: Encouraging Investment in Indian
Country,'' was streamed into the National Center's RES DC conference
for hundreds of our participants to see and hear that important
proceeding.
At our National RES this March, we will launch new web-based
business development assistance through our National Center Edge
portal, proactively utilizing technology and the Internet to provide
economic opportunities, trainings, business development services, and
much more, to tribes and Native businesses nationwide.
The National Center Recommendations on Economic and Business
Development Priorities
My testimony at the Committee's June 25, 2014 hearing, and at the
Committee-sponsored ``Listening Session on Economic Development'' at
RES Wisconsin on October 9, 2014, detailed proposals that the National
Center has long advanced for economic and business development in
Indian Country. Therefore, I will limit my remarks to three categories
of actions this Committee should take during the 114th Congress to
address key economic and business development priorities: (1) Oversight
Actions; (2) Committee Recommendations on the FY 2016 Budget for Indian
Country; and (3) Legislation, primarily on parity treatment for tribal
governments.
I. Committee Oversight Actions
The National Center applauds the Committee for jumpstarting its
work in the 114th Congress with this hearing. Oversight can be such a
powerful tool to inquire, probe and persuade to achieve desired
results--without having to draft, negotiate and pass legislation.
Whether through hearings or letters requesting reports, the Committee
can elicit essential data that might not ever come to light, or even be
developed or collected in the first place.
Subjects for helpful Oversight Hearings, or letters to federal
departments and agencies, include:
A. Buy Indian Act Implementation and Enforcement
After 100 years of quasi-dormancy at the Department of the
Interior, this Act's authority finally came to life with promulgation
of final rules in 2013 to implement this critically important catalyst
for economic, business and workforce development in Indian Country. In
2014, Interior pledged to improve implementation and increase by 10
percent Buy Indian procurement awards and purchases from Indian
economic enterprises. The National Center hosted workshops at our RES
DC and Wisconsin conferences in 2014 to receive progress reports, and
we will do so again at our upcoming National RES on March 11, 2015.
Through our own ``oversight'' efforts, we have found the Bureau of
Indian Affairs (BIA) to be working hard and deserving kudos for their
efforts. As for the Indian Health Service (IHS), while its implementing
procedures were promulgated many years earlier, they seem to be applied
sparingly, at best. No IHS representative has attended our RES
workshops to report on Buy Indian contracting. We urge this Committee
to hold an oversight hearing and invite witnesses from Interior, BIA
and IHS, including contracting officers, to report on historical and
current use of Buy Indian Act procedures and on increases, if any, in
the number and value of procurement awards to tribal and other Indian-
owned economic enterprises. The Committee also should seek testimony on
how Congress can expand the Act's application to other federal
departments and agencies that expend funds for the benefit of Indians,
so as to maximize that ``benefit'' through contracting, purchasing and
hiring that spur economic and business development in Indian Country.
The Committee's hearings on the FY 2016 Interior/BIA and IHS budget
request are other venues for asking the agencies for status reports on
Buy Indian Act implementation.
B. Elevation of Two Key Native American Affairs Offices
The National Center and a dozen other national and regional
organizations representing Indian Country interests have long urged the
elevation and enhancement of the Office of Native American Affairs
within the Department of Commerce and the Small Business Administration
(SBA). This Committee should hold an oversight hearing on the
respective efforts of Commerce and SBA to address Indian Country's
economic and business priorities.
Several federal departments now operate a high level Office of
Native American Affairs or Tribal Relations, with its own budget, to
promote and support economic and business development in Indian
Country. It is past time for such Offices at Commerce and SBA to be
elevated and provided their own budgets. In 2000, Congress passed two
laws to deploy Commerce's robust economic, business, trade and tourism
promotion programs to advance Indian Country's interests:
The Indian Tribal Regulatory Reform and Business Development
Act (Public Law 106-447), directing the Commerce Secretary to
establish a Regulatory Reform and Business Development on
Indian Lands Authority to identify and remove obstacles to
investment, business development, and wealth creation in Native
communities.
The Native American Business Development, Trade Promotion
and Tourism Act (Public Law 106-464), codifying an existing
office with a new name, the Office of Native American Business
Development. The Act prescribes duties for the Office Director
to fulfill, including to: (1) ensure intra- and inter-agency
coordination of federal programs assisting business and
economic development, and expansion of trade; (2) carry out a
Native American export and trade promotion program; (3) conduct
a Native American tourism program; and (4) report annually to
the Senate Committee on Indian Affairs and House Committee on
Natural Resources on the operation of the Office and any
recommendations for legislation deemed necessary.
Commerce Secretaries have ignored the first Act above, and only
intermittently implemented the second Act, despite repeated requests by
the National Center and many other Native American organizations for
elevation and specific funding of the Office of Native American
Business Development to address these Acts' requirements. Last year,
legislation (H.R. 4699) proposed to amend the second Act to require the
Secretary to report to this Committee (and its House counterpart) on
recommendations for promoting the sustained growth of the economies of
Indian tribes and Indian lands. Instead, your Committee should hold a
hearing or listening session to hear what the Commerce Department has
done since 2000 to honor the intent of these two Acts and how and when
it plans to expand and fund the Office of Native American Business
Development to fulfill the duties prescribed by these Acts.
As for the SBA, it deserves credit for establishing an Assistant
Administrator for Native American Affairs and increasing funding for
``Native American Outreach.'' Several bills in past Congresses have
proposed to elevate the position to Associate Administrator with grant-
making authority. At a minimum, the Office should have its own budget,
with line item funding, in place of the current ``Native American
Outreach'' line item.
II. Committee Recommendations on Indian Program Funding
In past years, this Committee has held hearings on the President's
Budget Requests and has submitted letters to the Senate Budget and
Appropriations Committees making recommendations on funding levels for
programs that advance Indian Country's priorities. This Committee
involvement on budget priorities has always been important to Indian
Country and to the other Committees' members and staff responsible for
drafting budget resolutions, appropriations bills and other
legislation. My June, 2014 testimony outlined a number of funding
requests to address Indian Country's economic and business priorities.
Below are some key programs where minimal increases in federal funding
would have maximum leveraging effect in expanding access to capital and
generating more economic, business and community development in Indian
Country. The National Center urges the Committee to raise the following
key programs in relevant budget hearings and letters on the FY 2016
budget requests:
A. Department of the Interior
1. Up to $25 Million for Interior's Office of Indian Energy and
Economic Development
At this funding level, this Office (OIEED) could: (1) speed the
HEARTH Act's implementation; (2) assist tribes in developing
environmental codes and other tribal ordinances for leasing tribal
lands for energy and economic development projects; (3) provide grant
funding for business plans or feasibility studies for tribal business
and economic development projects; and (4) provide more technical
assistance (including guidance on preparing business plans, repairing
credit records, and completing loan applications) and expand the scope
of the Indian Loan Guarantee Program (discussed below) to finance more
business operations/expansions, provide standby letters of credit to
attract needed surety bonding, and finance start up energy and economic
development projects.
2. $15 Million for the Indian Loan Guarantee Program
Overseen by OIEED, the Indian Loan Guarantee Program and loan
subsidy program have incredible potential to leverage a small federal
investment to facilitate substantial conventional lending for
businesses and economic development projects. BIA-certified lenders
lend to Tribes and Indian businesses on reservations and submit to
tribal court jurisdiction (whereas SBA-certified lenders must
adjudicate any loan defaults in federal court). OIEED also operates a
revolving credit facility (SBA has no such support) that assists Indian
borrowers with lines of credit for working capital, payrolls for hiring
new employees, and assurances sufficient for sureties to provide
performance bonds to tribal- and other Native-owned contractors. This
kind of support facilitates Buy Indian Act contracting. In 2006,
recognizing this program's potential, Congress authorized a huge
increase in the aggregate limit on Indian guaranteed loans from $500
million to $1.5 billion. However, FY 2015 funding for the program's
credit subsidy is less than $7 million, limiting the total loan
principal to only about $100 million. By increasing the credit subsidy
to a modest $15 million, upwards of $250 million in total loan
principal could be guaranteed.
B. Department of the Treasury, Community Development Financial
Institutions Fund
1. $15 Million for Native Community Development Financial
Institutions (CDFIs)
Indian Country has greatly benefitted from the Native Initiative of
the CDFI Fund through expanded access to capital for individuals and
small businesses. The initiative funds Native CDFIs to provide micro
loans and facilitates financial literacy and entrepreneurial
development training in Native communities across the country. This
program is another great example of how a modest federal investment
catalyzes greater capital access in Indian communities.
2. Report Language on New Market Tax Credit Allocations For Indian
Country
The CDFI Fund also oversees the New Market Tax Credits (NMTC)
Program that makes NMTC allocations to Community Development Entities
(CDEs) to help finance projects in low-income urban neighborhoods and
rural communities lacking access to capital needed to support and grow
businesses, create jobs and sustain healthy local economies. In the
past, NMTC allocations have helped finance projects in Indian Country,
but none of the last two rounds of allocations went to the CDEs that
primarily or exclusively serve Indian Country. Since the CDFI Fund is
open to making some adjustments, we urge the Committee to signal a
desire to see a greater percentage of the NMTCs allocated to CDEs that
focus on community, housing, economic and business developments in
Indian Country. (See further discussion in Legislative recommendations
below.)
C. Funding Federal Offices of Native American Affairs and Tribal
Relations
As I explained in my testimony last June, broader federal attention
to Indian Country occurred after more Cabinet departments and key
federal agencies established Offices with that focus (e.g., HUD's
Office of Native American Programs, USDA's Office of Tribal Relations,
DOE's Office of Indian Energy Policy and Programs, the FCC's Office of
Native American Affairs and Policy, and SBA's Office of Native American
Affairs). Each of these key Offices deserve increases or at least level
funding for FY 2016. We ask the Committee to endorse these specific
recommendations:
1. Rename the SBA's line item for ``Native American Outreach''
to read ``Office of Native American Affairs'' and provide up to
$2 Million for that important Office; and
2. Provide line item funding of $1 Million for an Office of
Native American Affairs within Commerce's Departmental
Management budget.
III. Legislation to Achieve Parity
The needs in Indian Country remain so great that provisions to
achieve parity could be included in just about any federal program for
grant or cooperative agreement assistance, formula funding, and other
federal expenditures, including tax expenditures. Rather than advocate
that approach, the National Center recommends more targeted focus on
parity-forging legislation that has been previously proposed and
vetted, perhaps reported out of committee, or has gained consensus
support in Indian Country. Below are high priorities that the Committee
can examine by holding its own hearings or joint hearings with other
committees, and otherwise promote consideration of proposals in these
areas:
1. Restore Parity in Trust Land Acquisition: As noted in my
previous testimony, all federally recognized Indian tribes must be able
to protect and enhance their tribal lands to attract investment, create
jobs and build self-sustaining tribal economies. This Committee should
lead the charge to enact legislation (like last year's S. 2188) to
clarify the Interior Secretary's authority to acquire land in trust for
any federally recognized tribe so as to remedy confusion and harmful
impacts stemming from the U.S. Supreme Court's decision in Carcieri v.
Salazar. The Committee also should consider holding a hearing or
listening session on proposals designed to facilitate investment in
projects on Indian lands, such as last year's H.R. 2718, cosponsored by
Congressmen Don Young and Tom Cole, to empower tribes to accept
restricted fee tribal lands to spur economic development and generate
self-sustaining income.
2. Infuse Parity in New Market Tax Credit Allocations for CDEs
Serving Indian Country: In the last two distributions of NMTC
allocations, the CDFI Fund did not allocate any NMTCs to a Community
Development Entity (CDE) with a primary mission of serving Native
Communities. Lack of NMTCs has reduced urgently needed financing for
business and community development projects in Native communities
across the country. Capital can be better deployed in Indian Country
projects if NMTCs are allocated to qualified CDEs whose primary mission
is to invest in Native communities and who possess the required
cultural competency and understanding of relevant legal and financial
complexities involved. Proposals should be considered to make NMTC
authority permanent and to set aside 10 percent of any future NMTC
allocations for qualified CDEs whose primary mission is to serve Indian
Country.
3. Reach Parity in Incentives for Energy Investment/Development on
Indian Lands: In numerous energy-related workshops hosted at our
National RES and regional RES conferences, there has been great
interest in development of renewable and conventional energy resources,
and the related potential for workforce and economic development.
Congress should act on vetted legislation (like last year's S. 2132) to
remove regulatory barriers to energy and infrastructure development on
Indian lands and streamline approval processes for rights-of-way.
Congress also should extend existing tax credits that support economic
development in Indian Country, and consider legislation to provide more
funding mechanisms to develop energy resources on Indian lands, such as
allowing transfer of tax credits for production from renewable
resources.
4. Ensure Parity in Tax Treatment: Just as Congress moved toward
treating tribes more like state and municipal governments by enacting
the Tribal Economic Development Bond authority, any future action on
tax reform or any other tax legislation must include language: (a)
eliminating the ``essential governmental function'' test for issuance
of tribal tax exempt debt; and (b) treating tribal governments as
taxing authorities in any provisions for collection of remote sales
taxes (i.e., in parity with state and local governments). As
sovereigns, tribes must be able to exercise the right to collect tax
revenues to provide for their members, promote business and job
creation, and offer tax advantages to attract outside investment
necessary to build their tribal economies.
Once again, thank you, Mr. Chairman, and the Committee for the
opportunity to present testimony and recommendations on behalf of the
National Center. We urge the Committee to consider and act on these
issues promptly.
The Chairman. Thank you very much, Mr. Davis. I think a
couple of things. One is that you may receive more written
questions than most hearings, because we may run out of time to
actually ask questions. Since you used the phrase listening
sessions in your testimony, if we do head to vote, we will
adjourn this meeting but the staff will continue with you, if
you have the time to stay here, and we can conduct a listening
session then for additional information. So I appreciate it.
Next is Ms. Stacy Bohlen, Executive Director of the
National Indian Health Board. So nice to see you again. Welcome
to the Committee. I look forward to your testimony.
STATEMENT OF STACY BOHLEN, EXECUTIVE DIRECTOR, NATIONAL INDIAN
HEALTH BOARD
Ms. Bohlen. Thank you, Chairman, and congratulations on
officially becoming the Chairman and officially becoming the
Vice Chairman, Senator Tester.
My name is, as you said, Stacy Bohlen. I am a proud member
of the Sault Ste. Marie Tribe of Chippewa Indians in Michigan.
I have been the Executive Director of the National Indian
Health Board for about 10 years. I am very proud to be here
today and be part of this proceeding on behalf of the National
Indian Health Board. Chi-miigwetch, many thanks to the
Committee for taking the time to listen and engage with us.
Our organization was founded by the tribes over 40 years
ago. And like what you said, we are in our fifth decade.
Advocating for the improvement of American Indian and Alaska
Native health is the sole work that the National Indian Health
Board does. And we are the only national organization solely
devoted to that work.
As you know, our people continue to live sicker and die
younger than other Americans. Our life span is 4.2 years less
than other Americans and on some reservations, unfortunately
Northern Arapaho is one of them, life expectancy is only 49
years. We experience significantly higher mortality rates from
accidents, alcoholism, suicide, cancer, influenza, maternal
deaths and many times we have to struggle against the tide of
poor funding, poverty and cultural barriers that impact health.
We must stand together to change these realities. In 2013,
the Indian Health Service per capita expenditures for health
care was just $2,849 per Indian person, compared to $7,717 per
person for health care spending nationally. Despite the
historic increases that Congress has shepherded through and the
Administration has supported, the IHS budget is still only
funded at 59 percent of need. Budgets do not contain increases
for medical inflation, contract support costs, contract health
services or Purchased Referred Care, and sequestration cuts.
Despite valiant efforts, we just were not able to move forward.
And we can change that.
Even when other programs supporting vulnerable populations
for health care, like Medicaid, Medicare and the Veterans
Administration were exempt from sequestration cuts across the
board, the Indian Health Service was not. That cost $220
million to the system in 2013. That is just not acceptable. And
we look to work with you to end the sequestration, not just for
health programs in Indian Country, but for all programs in
Indian Country.
In addition, there are two important legislative changes
that could help the tribes to overcome some of these budgetary
challenges. The first is establishing Medicare-like rates for
Purchased Referred Care for non-hospital-based services. This
was recommended by the Government Accountability Office in
2013. And IHS is the only Federal health provider not already
paying these rates. The agency could save millions if the
Indian Health Service was paying provider rates consistent with
existing Federal policy.
This is real challenge that we saw in the State of Montana
with the orthopedic surgeons. We tried to work very hard to
overcome it. It was impossible at that time.
If Medicare-like rates were applied to the Indian Health
Service they could provide an estimated 253,000 extra patient
visits per year through a program that is at least $800 million
short every year. Another important breakthrough would be
establishing advance appropriations for the Indian Health
Service, much like the Veterans Administration. This means that
Congress would enact IHS funding a year ahead of time. That
money could not be spent until the year for which the funding
was intended.
For example, tribes could spend funds appropriated in 2016
only in 2017. This means that tribes would not have to wait on
short-term continuing resolutions every year to make long-term
decisions with only short-term money.
For example, in Alaska, heating oil is a major expense to
the Alaska health care system. We all know from having to heat
our own homes, it is cheaper to buy heating fuel or whatever
our needs are in bulk. In Alaska, this is also clearly the
case. And if that is able to be done in September, before the
rivers freeze, that oil can be shipped by barge.
But if you have to wait until November, until the spring,
to do so, the oil has to be flown into the villages. Along with
increased costs of buying oil on a piece-meal basis, when
continuing resolution money is finally freed up, the shipping
just dramatically increases the cost.
Advance appropriations won't solve these complex issues,
but it would certainly be a substantial and important step
forward.
Even with legislative actions, it is important to note that
many of our disparities, like alcoholism, substance abuse,
suicide being the number two cause of death of our youth and
children, injuries, these are treatable and preventable
circumstances and occurrences. But they are often overlooked in
the Indian health care delivery system, because it doesn't have
the capacity nor is it designed to operate that way.
I would also like to talk about a very important issue of
alleviation of the tribal employer mandate for the Affordable
Care Act. But I see that my time has expired, so I look forward
to extending my remarks if I may. Thank you very much.
[The prepared statement of Ms. Bohlen follows:]
Prepared Statement of Stacy Bohlen, Executive Director, National Indian
Health Board
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairman. Thank you very much, Ms. Bohlen.
Senator Tester?
Senator Tester. Thank you for your flexibility, Mr.
Chairman. I want to welcome Vance Home Gun. Vance is an
outstanding young man who has worked in Native language. He is
a Champion for Change with Senator Dorgan's Native American
group that he has worked with. I thank you very, very much, and
appreciate the example you set for Native American youth all
over this Country.
The Chairman. Thank you very much, Senator Tester. Mr. Home
Gun?
STATEMENT OF VANCE HOME GUN, 2013 CHAMPION OF CHANGE, YOUTH
ADVISORY BOARD MEMBER, THE CENTER FOR NATIVE AMERICAN YOUTH
Mr. Home Gun. [Greeting in Native tongue.] Good afternoon,
Chairman Barrasso, Vice Chairman Tester and members of the
Committee. My name is Vance Home Gun and my Indian name is
[name given in Native language]. I am a member of the
Confederated Salish and Kootenai Tribes in Montana.
I am here today to provide my testimony as a youth advisory
board member for the Center for Native American Youth at the
Aspen Institute. Also, as Vice Chairman Tester said, I am
representing Native youth throughout Indian Country. It is a
big hat to fill.
I hope to shed some light on the needs of Native American
youth and compel you to make us a priority in Congress. My oral
testimony is only a summary of what is included in my written
testimony for the Congressional Record. The priorities of
Native American youth are similar to what you will hear from
our partner organizations. We want you to support our
communities and keep your promises to Native Americans.
To start, I want to lay out the overarching priorities for
my testimony. This is what they are.
Number one, adequate funding for programs to serve Native
American youth, especially education, health, culture, mental
health, language programs and welfare programs. Second, make it
easier for tribes and organizations to utilize that funding.
Third, engage and listen to Native youth throughout Indian
Country. You will hear many, many positive and influential
stories. When they come to D.C., take time and listen to them.
Ultimately, make it a goal to prioritize Native youth issues in
Congress. We really urge you guys to do that.
A lot of time, stories about Native American youth focus on
the negative. It is true, we do experience many challenges. But
Native American youth are also leaders in Indian Country, doing
positive, positive work. I believe you should invest in us.
I became involved with the Center for Native American Youth
and was named a Champion for Change. The goal of the Champions
for Change program is to recognize Indian youth who are working
to improve their communities, encourage their peers and leaders
and to promote hope.
I was named a Champion for Change simply by trying to
revitalize and preserve my Native language. A good friend of
mine, Dakota Brown, was also named a Champion for Change. He
started a program called NERDS, Native Education Raising
Dedicated Students. Another good friend of mine who was named a
Champion for Change is a 16-year old girl named Lauren from
Oneida, who successfully placed 18,000 new books into the hands
of Indian children.
These are positive stories from young Native leaders of
today. There is so much good news in Indian Country, and there
will even be more if we can work together to strengthen our
Native youth.
In order for youth to be successful, we need to address the
issues that young Native Americans face in Indian Country each
and every day. This is where Congress comes in. More than two
centuries of failed policies and underfunding have led to all
kinds of problems, making it hard for Native youth to reach
their full potential. Tribal leaders, urban Indian
organizations and youth throughout Indian Country are doing
great work to address those problems and provide a better
future for all. They are doing this with limited and many times
no resources as a result of policies that go against the
Federal Government's trust responsibility.
For us to be successful, Congress needs to provide the
funding needed for the programs and services that we were
promised in our treaties, promises that men before you promised
Native Americans throughout this Country. We ask that you honor
those promises, we ask that you honor those words, the words of
your founding fathers.
On top of the funding, the system of Federal Government
serving Native American youth is complex and confusing. Let's
make it easier for tribes to actualize and utilize these
programs.
And before I finish, I want to mention that there are many
other partners helping us reach Native youth, which can be
helpful for us to work to make them a priority in the 114th
Congress. Tribal leaders are working hard every day to try to
ensure their children have equal and fair opportunities to
succeed. I ask you to work with tribal governments to make it
easier and to be rightfully consulted.
Having the tremendous opportunity of meeting many
outstanding Native American youth throughout Indian Country, I
know that we are still fighters, hunters and warriors. This is
who we are as Indian people. I hear time and time again from
youth throughout Indian Country that language and culture is a
priority. It is who we are. Only we can ensure that survival.
With the revitalization of our languages and cultures comes
pride in who we are as a people. Western education is also a
must for future generations for the survival of American
Indians.
We all have the same goal of creating a healthier, more
prosperous Indian Country in the United States of America.
Native youth want to work alongside you as we reach that goal.
Thank you for this opportunity.
[The prepared statement of Mr. Home Gun follows:]
Prepared Statement of Vance Home Gun, 2013 Champion of Change, Youth
Advisory Board Member, Center for Native American Youth
Good afternoon, Chairman Barrasso, Vice Chairman Tester, and
members of the Committee. My name is Vance Home Gun and I am member of
the Confederated Salish and Kootenai Tribes in Montana. I am here today
to provide testimony from my position as a Youth Advisory Board member
for the Center for Native American Youth at the Aspen Institute. Thank
you for the opportunity to provide testimony highlighting Native
American youth priorities today.
I am grateful for the opportunity to sit here with these
distinguished leaders and hear the priorities of various tribal
organizations. The priorities of Native youth are not unlike what you
will hear from these partner organizations--we want you to keep your
promises to provide services to Native Americans and allow our
governments to express our sovereign right to decide how best to serve
our people. My role today is to tell you about priorities we hear on
the ground from Native American youth. I also want to tell you about
some of the issues that are most important to me and the other 2.1
million Native Americans under the age of 24 including: sovereignty,
culture, language, education, child welfare and health care access,
especially to mental and oral health services.
At the outset I want to lay out the overarching priorities for my
testimony. These priorities are:
(1) Adequate funding for programs that serve Native youth,
especially: education, language, culture, physical and mental
health, and child welfare programs.
(2) Make it easier for tribes and tribal organizations to
utilize federal grants rather than bog them down with
duplicative and capacity-draining administrative requirements.
(3) Engage with and listen to Native youth in their home
communities and when they come to DC.
(4) Make it a goal to prioritize Native youth issues in this
Congress.
Positive Youth Efforts in Indian Country
I want to tell you a few stories to help you understand why
investing in Native youth should not just be a priority for me and my
peers, but that it should be your priority because it is an American
priority.
Too often stories about Native youth focus on the negative. While
we do have unique needs, which I will share more about later, Native
American youth are also leaders who--when given space to lead--are
changing lives and improving Indian Country and the greater United
States as a whole.
I became involved with the Center for Native American Youth through
their Champions for Change program. I was named a 2013 Champion for
Change. The goal of this program is to reach out and lift up those
youth, of which there are many, who are working to improve their
communities, encourage their peers and leaders, and to promote hope!
Inspired by a White House initiative, the program highlights young,
inspirational leaders from Indian Country who are making a difference
in tribal and urban Indian communities.
I was named a Champion for Change because as a high school student
and recent graduate I worked with tribal departments, local
organizations, and youth groups for over six years to help preserve the
Salish language. I taught language classes at high schools and created
an organization called Yoyoot Skwkwimlt (Strong Young People) that
utilizes peer-to-peer methods to teach language and culture. Within a
short time, I was asked to lead the language department for my tribe.
Through my work, we educated 100 students and now 12 are fluent in
Salish.
CNAY's inaugural class of Champions for Change also included a 14
year-old--Dahkota Brown--who created an after-school program called
NERDS (Native Education Raising Dedicated Students). He saw too many of
his peers dropping out of school and created a program to support and
encourage his Native peers to excel in education. While high school
graduation rates hover around 50 percent for Native Americans, those
students involved in Dahkota's program have had a 100 percent
graduation rate. The 2014 class of Champions included a 16-year-old who
was recognized for successfully placing over 18,000 new books into the
hands of children in need.
I believe these stories are inspiring. There is so much good news
in Indian Country and there will be even more if we work together to
find ways to support Native American youth and students.
Challenges and Barriers to Native Youth Success
Even so, young Native Americans across Indian Country face several
significant challenges in their daily lives. More than two centuries of
failed policies and chronic underfunding have led to intolerable
disparities between the health and well-being of young Native Americans
and that of their non-Native peers, seriously impacting their ability
to reach their full potential. They are the most at-risk in terms of
nearly every demographic.
Native children have the nation's highest suicide rates and
in the last decade, 2.5 times the national rate and in some
communities that number is even higher.
Over the last decade, high school graduation rates increased
for all racial groups except Native Americans.
Native Americans suffer from high rates of alcohol and drug
abuse, chronic disease, and mental health issues.
They are exposed to violence at disproportional rates and
overrepresented in the child welfare and juvenile justice
systems
Despite those many challenges, tribal leaders, tribes and urban
Indian organizations, and youth themselves throughout Indian Country
are doing incredible work to serve Native Americans and provide a
better future for the First Americans. And they are doing so with
limited or no resources as a result of policies that are not in line
with the Federal Government's trust responsibility.
A prime example of this is the simple fact that the funding for
federal programs and services for Native Americans is discretionary,
rather than mandatory, meaning public safety, education, child welfare,
housing, language programs, and healthcare are all susceptible to
budget cuts.
These programs and services, which are meant to provide for the
basic needs of Native Americans, and which are guaranteed through
treaties--not handouts but treaties, transactions with the federal
government. Our priorities are simple: adequate and just funding for
the programs and services we were promised.
In addition to underfunding, the system of federal programs serving
Native youth is complex and even the federal agencies and
Administration themselves are confused about what programs are
available, where and how to get the funding, and limited in terms of
flexibility and holistic services. If the federal agencies and
Administration are confused by their matrix of programs, won't tribal
communities and youth programs be just as confused or more?
It can be very difficult for communities to know what services and
funding are available and there is little flexibility to break down
those silos and make it easier to serve their people Another challenge
is that oftentimes tribal nations and urban Indian programs receive
numerous federal grants with unpredictable funding streams or only a
few years in length, meaning that by the time the programs are running
well and showing positive results, the grant ends. In addition, tribal
nations and urban programs are burdened with several reporting
requirements that require staff time that could be used more
effectively to serve Native youth and other community members. Allowing
for flexibility by combining reporting requirements for federal funding
would ensure that tribes will spend more time providing valuable
services.
The Center for Native American Youth has mapped out federal
programs and services that touch the lives of Native youth. We attached
it to my testimony. I hope this can be a roadmap to see the programs
that impact our lives. I hope you will prioritize them and ensure they
are properly funded.
Native Youth Voices
The Center for Native American Youth remains committed to learning
from and listening to Native youth, tribal nations and urban Indian
community perspectives. We directly engage students in roundtable
discussions while visiting their communities and homes. I have
participated in a number of these events myself--traveling to the
Rosebud Sioux in South Dakota, the Confederated Tribes of Umatilla
Indians and the Confederated Tribes of Coos, Lower Umpqua and Siuslaw
reservations in Oregon, and the Wilton Miwok Rancheria in California.
To date the organization has facilitated 101 listening sessions in 21
states with more than 3,800 youth in order to gather young people's
priorities and perspectives on important issues. I will share a little
bit about what we hear as top priorities for youth but I encourage you
to read our annual Voices of Native Youth report that summarizes the
issues that young people face in their communities. Here are some of
the key findings from 2014 and issues that young Native Americans have
asked us to prioritize in 2015.
Youth Engagement
A consistent and clear priority heard from young people is the need
to be engaged and have safe places to go outside of school,
particularly on the weekends and during summer months. A number of
participants mentioned the increase of disruptive gang activity in
tribal nation communities is a result of the lack of available
extracurricular activities. Youth have expressed that involvement in
gangs in urban areas often transfers home to the reservation bringing
with it violence, drug use and other crimes. Without safe environments
and positive activities to engage youth, like after-school programs
offered in evenings and on weekends, there are concerns that at-risk
youth will continue to turn to gangs as an outlet for their
frustrations and for a sense of a belonging.
Youth participants stressed the desire to see more outlets,
including cultural events, athletics, and other recreational activities
in tribal nation communities. Yet, there is too often a lack of funding
for these types of positive activities. Transportation is also a big
priority for Native American youth because they often lack
transportation to travel to such activities, to receive health care, to
obtain groceries, or to visit family.
When budgets are cut, extracurricular programs and transportation
services are often the first things to go. Funding for youth programs
and transportation is an important priority for you to consider for
improving the lives of Native youth. Without programs to engage youth,
they will continue to fall victim to gangs, drugs, alcohol and other
negative activities.
Education
Many Native American youth believe that education is critical to
the well-being of their tribal nations and urban Indian communities and
also that higher education is connected to future success of Indian
Country. Native American students want culturally-appropriate student
services, more Native teachers, tribally-run schools in their
communities, and the integration of Native American studies into
institutional curriculum. They believe these improvements will enable
them and their Native peers to be successful. Native youth have
identified the following barriers to attaining higher education:
Lack of access to financial aid and difficulty finding
information about financial assistance,
Limited tutoring and other forms of academic support like
after-school programs,
Difficult school environments, including:
--lack of infrastructure and diversity of teaching staff;
--too few teachers;
--lack of support from school administration and family; and
--too few connections with community and culture.
Racial discrimination persists as a barrier to academic success for
Native youth. During 2014 roundtable discussions, Native youth
highlighted negative stereotyping as a major concern at school in
addition to bullying and discrimination. Native participants noted that
in-school bullying between Native and non-Native students, including
cyber bullying, occurs frequently. One experience in the Southwest was
shared about a young Native male having his long braids cut off by non-
Native peers during a school bus ride. Earlier this school year, a
Native boy in Texas was sent home for having long hair. Youth believe
that these racist attitudes and behaviors are especially present in
urban areas.
We hear Native youth asking for positive mentors and role models to
help them stay focused and provide guidance throughout their education
and career path. The need for supportive school environments, including
encouragement throughout the education system and support in
identifying, applying for, and managing scholarships and financial aid
are all key education priorities for Native American students.
Health
In every roundtable discussion, health and wellness issues,
including healthy lifestyle promotion, as well as challenges like
alcohol and substance abuse, suicide, and teen pregnancy were raised by
students. The persistent underfunding of the Indian Health Service,
which is the primary agency charged with providing health care to
Native Americans, makes it increasingly difficult to meet basic health
needs, much less proactively address health challenges throughout
Indian Country.
Native youth and our communities need access to quality, safe
health care, especially primary, mental, and oral health care. Yet,
what is exciting for me as a Native youth is that tribal nations are
leaders in developing innovative, exciting health care programs that
help address these health care needs. Indian Country can serve as a
model for all communities. Below are a few examples.
In my tribal community, we have worked together to address mental
health needs, despite historic efforts of the federal government to end
our culture, by reaching out to elders and revitalizing our language
and culture. I was recruited by my tribe to learn and teach our Native
language. Through programs like these, we have provided youth with an
opportunity to connect to who they are and where they come from.
Addressing the mental health needs of Native youth requires us to build
traditional, cultural programs and we are already seeing success in our
reservation.
Another example are the community, behavioral and dental health
aide programs created by Alaska tribes over ten years ago. Native youth
experience oral disease rates that far surpass US averages and over
half of Native youth live in what are called dental shortage areas,
meaning that there are not enough dentists to serve the population
size. Alaska tribes were not going to wait around for the federal
government to solve the program for them, so they built a program
modeled off of what every other industrialized nation already has--a
mid-level dental provider. Thanks to these tribal endeavors, there are
Native villages with cavity-free children and healthier communities for
the first time in decades.
Native youth want what everyone wants--for our communities to be
healthy and for our tribal leadership to have the ability to makes the
best decisions for us. Across the country we are leading movements and
working together to raise our voices and promote tribal community
solutions to health problems, including successful workforce models
developed in Alaska. Sharing our stories is one way we can help.
Recently, many Native youth are getting published in national and local
news outlets to share their stories and perspectives on tribal
initiatives addressing oral health needs. While stories like youth
waiting months for care and trying to pull out their own teeth are sad
and difficult to hear, it is important that they are told. Native youth
voices tell of our simple need and right to have equitable health care
and healthy smiles we can be proud of.
Child Welfare
Addressing the distinct needs and priorities of Native foster youth
was a priority issue in several of our youth convenings last year.
Native youth are overrepresented in foster care and many young people
are being separated from their tribal communities despite laws to
prevent such placements. Recognizing this, youth and families talked
about the importance of keeping siblings together in foster homes,
especially current or former foster children. Throughout conversations,
the need to place youth with relatives or Native foster homes to
provide continuity of culture and community familiarity was expressed.
Native foster children also described a need to improve the public
education experience for those in foster care, since education is often
difficult to navigate for foster youth and can be unwelcoming to Native
youth, resulting in racism and re-traumatization for Native foster
children. Educational assistance and specific programs for foster youth
were highlighted as necessary supports to ensure their future success.
Culture
Youth are very interested in learning more about their language and
culture from tribal elders. Many say they would like to see more young
tribal members speaking their Native language and practicing
traditional ways of life. Although resources are limited to support
cultural and language programs, many young Native Americans identify
culture and language as protective factors that help them in overcoming
the numerous challenges (highlighted above) experienced by Native
youth. Youth also view contemporary and traditional arts as important
for healthy communities, which give them a positive outlet. Youth have
also expressed the desire to learn more about traditional food systems
and how to prepare traditional meals, an interest which could
ultimately help improve the health of Native Americans. Numerous
participants brought up the need for incorporation of their culture and
traditional and contemporary arts in the educational system.
Conclusion
It is also important to note that there are many other partners
helping to reach out to Native American youth, which can be helpful to
you as you work to make them a priority in the 114th Congress. Tribal
leaders are working valiantly every day to try to ensure their children
have equal and fair opportunities to succeed. Yet, they are hamstrung
in terms of resources. As a Native youth, I ask you to work with tribal
governments and ensure they are rightfully consulted.
Second, the organizations you heard from today--the National
Congress of American Indians, National Indian Child Welfare
Association, National Indian Health Board, and National Indian
Education Association -are leading an effort to create a Native
Children's Agenda called First Kids First. Nike's N7 Programs have
donated more than $3 million through grants to Native youth programs
across the U.S. since 2009. N7's contributions have impacted more than
200,000 Native youth to date, with a goal of reaching 2 million kids by
2020.
Casey Family Programs, a national foundation and current partner of
the Center for Native American Youth, works in 50 states, the District
of Columbia and Puerto Rico to influence long-lasting improvements with
regards to the safety and success of children, families and
communities. They have an entire team of individuals in the Indian
Child Welfare Program dedicated to improving the lives of Native
American children.
The W.K. Kellogg Foundation, a national foundation, has made
incredibly generous and significant investments in tribal communities
and is supporting efforts to create a national bipartisan focus on
children and their families, as well as growing support for tribal-led
solutions to help each and every native child thrive.
Having had the tremendous opportunity of meeting many Native
American Youth throughout Indian Country, I know that we are still
fighters, hunters, and warriors. I hear time and time again from the
youth that our language and culture must survive. Only we can ensure
its survival. With the revitalization of our languages and cultures
comes pride in who we are as a people. Western education is also a must
for our future survival, as is taking good care of our bodies through
fitness and diet. We need to do these things while still living our way
of life that is unique to us. Native youth want to be a part of this
great country and have the same privileges as all youth have.
Ultimately the message I have for you, distinguished members of the
Committee, is simple: prioritize and invest in Native American youth.
Listen to us and listen to our tribal and urban leaders. Support our
priorities with proper funding of critical and basic services to our
people--health care, education, social services, and community safety--
and do not create barriers that make it more difficult to serve our own
communities. Reach out to Native American youth; ask us what we think
and find ways to help us achieve our dreams. I know there are many
issues that come across your desk, but I challenge you to prioritize
Native youth this Congress. We all have the same goal of creating a
healthier, more prosperous, Indian Country and United States of
America, and Native youth want to work alongside you as we reach that
goal.
The Chairman. I am are very grateful for your testimony.
Being from Montana, there are two Senators from Montana on the
Committee. I would like to turn first to the Vice Chairman and
then to the junior Senator from Montana.
Senator Tester. Very briefly, I just want to thank you all
for your testimony. It is unfortunate we don't have time to
question you, but we will be doing that through writing, as the
Chairman has indicated. I am sure this is not the last time you
are going to be appearing in front of this Committee.
That being said, thank you for your testimony. As Vance
said, if we work together, we really can get some positive
things done.
In closing, I would just say, Mary Pavel, thank you very
much for your service to this Committee, both under the
direction of Chairman Cantwell and myself. You have done a
great job and you will be missed.
[Applause.]
The Chairman. Senator Daines?
STATEMENT OF HON. STEVE DAINES,
U.S. SENATOR FROM MONTANA
Senator Daines. Thank you, Mr. Chairman. And Vance, I am
proud of you. It is good to have you here, the pride of Arlee,
Montana. It is an honor to be here with you.
It is also an honor to have two Montanans on this Committee
with Senator Tester. So I know that Montana's voice will be
heard here. But more important also, just Indian Country in
general, the voice of Indian Country. We have seven
reservations in Montana, we have one time yet to be federally-
recognized tribe, with Little Shell.
I have a long to-do list of items I will be talking about
today. But I think in the interest of time, and allowing others
to speak, and the fact we have a vote, I will forego my four
pages of priorities and just say, it is an honor to serve on
this Committee and to serve those who are in Indian Country. I
look forward to a productive committee.
Thank you, Mr. Chairman.
The Chairman. Thank you so very much
The bells that you have heard in the background mean that
we are now further than halfway through the vote. We are going
to have to be leaving shortly.
Senator Heitkamp, I would like to know if you have anything
to add, or a question?
STATEMENT OF HON. HEIDI HEITKAMP,
U.S. SENATOR FROM NORTH DAKOTA
Senator Heitkamp. Just a congratulations, Mr. Chairman. I
just want to make sure you know that I know you are the
chairman.
[Laughter.]
Senator Heitkamp. And I want to welcome one of my tribal
chairmen, Richard McCloud, who is here today from the Turtle
Mountain Band of Chippewa. He is very involved with youth in
his community and certainly an Indian leader in our State.
Also, Melvin, who is enrolled at the same reservation.
I also want to say, my list is long. And I want to brag a
little bit, because I think both Senators from North Dakota are
also on this Committee. Senator Hoeven is busy spearheading and
working very hard on the Keystone Excel Pipeline or I am sure
he would be here to greet you.
This is a very, very high priority for me. I think anyone
who has seen my first two years in the United States Senate
knows that. This is a passion. And it really speaks to our
future. Vance, you said it so well. If we focus on the
children, if we build coalitions around the children, if we
look at what the children need and listen to the children, in
20 years we will have done something that we haven't done for
the last 150, and that is be respectful to the culture,
respectful to treaty rights and obligations that we have, and
to build a united belief that all of the children of this
Country are all of our children.
So I look forward to working with all of you. I have, as
the new Senator from Montana said, I have a long list of
priorities. We hope that we can be successful in all of them.
Thank you so much.
The Chairman. Thank you, Senator Heitkamp.
Senator Lankford?
STATEMENT OF HON. JAMES LANKFORD,
U.S. SENATOR FROM OKLAHOMA
Senator Lankford. Thank you as well for being here. I also
have a very brief comment. From Oklahoma and the 38 federally-
recognized tribes in Oklahoma, I look forward to the ongoing
conversation and what will happen around this dais, and also in
other conversations away from this dais as well.
I appreciate joining the Committee. I look forward to the
ongoing conversation and working together.
The Chairman. Thank you, Senator.
Welcome also, joining us today is Assistant Secretary Kevin
Washburn and his deputy, Larry Roberts. Welcome to the
Committee. I know that you have testified many times and we
look forward to seeing you again.
What really stuck with me, Ms. Bohlen, as you said, live
sicker, die younger. As a physician I have great concerns about
health, combined with housing, education, jobs, the economic
opportunities, it all comes together to help improve those who
are living sicker and dying younger, and to address that issue.
So thank you very much.
We are going to need to go vote and it sounds like we have
18 votes. So it is going to be very difficult for us to return
to engage in the questioning. You will be receiving written
questions, as well as we will adjourn this meeting and turn it
into a listening session, as members of the staff who you are
familiar with, they are going to come and continue the
discussion and dialogue.
Thank you very much for being here today. The meeting is
adjourned.
[Whereupon, at 2:47 p.m., the hearing was adjourned.]
A P P E N D I X
Prepared Statement of Hon. Lisa Murkowski, U.S. Senator from Alaska
Chairman Barrasso, Vice Chairman Tester, I appreciate the hearing
you have convened today to hear from the Nation's tribal organizations
on the priorities of Indian Country. We're not here to hear excuses of
inaction of the federal agencies, but to hear the aspirations of
tribes. How would tribes like to manage their own lands, affairs, and
future.
Chairman Barrasso, the priorities you lined out at the State of
Indian Nations: energy, jobs, juvenile justice and economic development
are issues I look forward aggressive addressing in this Congress. If I
may quote our Democratic colleague from North Dakota, Senator Heitcamp,
we should not be reauthorizing statutes for the sake of reauthorizing,
but asking ourselves what will change the paradigm to allow our
Nation's first peoples to realize the prosperity of the American Dream.
This begins with honoring the government to government relationship
that exists between Indian tribes and the United States. In the last 50
years, since statehood, and since the passage of the Alaska Native Land
Claims Settlement Act, we created unique institutions in our State--
tribes, tribal organizations, and Native corporations that are
delivering basic government services on behalf of the United States,
and privately managing their own Native lands. As our Lt. Governor in
Alaska would say, ``we have come a long way, yet we have a long way to
go.''
I would like to mention several issues that will remain important
to me, and to Alaska. We must address the pressing need for adequate
funding for our village clinics. The federal government has ignored
this responsibility for too long. The Indian Health Service only covers
55 percent of the operating costs of our village clinics. Tribes in
Alaska have had enough of inaction from the Administration on this
issue.
I have also focused much attention of achieving public safety in
our villages. Last year I directed the Bureau of Indian Affairs to
determine what it would cost to fund tribal courts in PL280 states.
It's a failed policy of the BIA to deny these tribes of any operational
programs to deliver justice to our communities. The rates of violence
demand action.
In closing, I would like to welcome the new Republican members to
the Indian Affairs Committee. I look forward to hearing the witness
testimony.
______
Prepared Statement of Thomas D. Ogaard, President/CEO, Native American
Bank, NA
On behalf of the Native American Bank, National Association (NAB),
I submit this statement to endorse and reinforce the recommendations of
the National Center for American Indian Enterprise Development to
increase support for the Indian Loan Guarantee Program administered by
the Office of Indian Energy and Economic Development (OIEED) of the
Department of the Interior. National Center CEO Gary Davis gave high
priority to this important program in his testimony for the Committee's
Oversight Hearing, and asked that the NAB provide some supplementary
information to the Committee based on the bank's extensive experience
in lending and successfully working with the loan guarantee program.
The NAB provides capital resources on a nationwide basis to Native
American Tribes, Alaska Native Corporations, Tribal economic
development corporations and Native individuals. The NAB is a
subsidiary of The Native American Bancorporation Co., which was formed
in 1998, and is owned by 33 shareholders, 90 percent of whom are a
combination of tribes, Alaska Native Corporations, tribal owned
entities and other Native interests.
As a lender, the NAB has long utilized the OIEED's Indian Loan
Guarantee Program to leverage our ability to provide capital in Indian
Country. After a couple of challenging years dealing with the Great
Recession, NAB is growing again and in the last two years has become
one of the lenders with the largest portfolio of loans that are subject
to these guarantees. In Fiscal Year (FY) 2014, our loans accounted for
more than 25 percent of the total loan principal subject to the
program's guarantees. Many of these loans would not have been possible
without the support of this essential loan guarantee program and the
diligence of NAB to provide economic opportunities in Indian Country.
To supplement the testimony already provided, I would like to
address three specific areas: (1) the benefits this program provides,
including individual examples; (2) the limited amount of funding
provided to and by the program; and (3) some limits of the program that
restrict its effectiveness.
I. Benefits of the Indian Loan Guaranty Program
The Program's guarantees are pivotal in providing access to capital
for Native tribes and communities. All tribes are very interested in
diversifying their economic activities and are becoming more
sophisticated in their approach to development. Leveraging their
resources by obtaining capital through a guaranteed loan is one avenue
that is gaining notice. Economic diversification by tribes, done
typically on or in close proximity to their reservation, usually means
the creation of a new entity. A new commercial endeavor, combined with
a construction and startup phase, presents a greater risk for most
banks than other loan transactions. In Indian Country, collateral is
often problematic (such as how to obtain a leasehold mortgage on trust
land), rendering the transaction even more challenging to meet the
underwriting demands of today given our regulatory environment. An
Indian Loan Guarantee is essential (as a guarantee on 90 percent of the
loan's value, susceptible to tribe court adjudication, etc.) and is a
strong mitigant, for the risks involved in this type of lending.
Without this program, many projects would not be undertaken. Below are
some examples:
A. NAB is in the final stages of funding a state of the art
recycling facility on a reservation in Florida. Tribal members,
with some support from their tribe, formed a partnership to
bring this concept to reality. For some time, they could not
get interest anywhere to finance this facility until NAB
stepped in to underwrite a $5.2 million loan and obtain an
Indian loan guarantee. With the facility going online within
weeks, it has received significant interest and commitments. It
brings economic diversity to the reservation, adds 15-20 new
jobs and is already being considered as a proto-type for a
sister facility.
B. NAB provided capital resources in the form of a loan for
$5.5 million, with an Indian Loan Guarantee, to build a new
hotel on a Montana reservation that is also on the doorstep to
one of America's great national parks. Efforts to source
multiple types of financing were met with lack of interest. The
Indian Loan Guarantee Program was the vital link to getting
this project launched. Previously, much of the tourism, retail
and government traffic passed through this small community
without stopping, because of the lack of adequate
accommodations. Today, this well-known hotel brand has become a
stop off point where dollars are being spent locally and has
provided up to 25 additional jobs.
C. NAB is about to close on a nearly $13 million dollar
project in Nevada, providing $10 million in capital through an
Indian Guaranteed loan to the local tribal economic development
authority. In an effort to diversify their economy, the tribe
completed an exhaustive study to determine what type of retail
entity would have the best opportunity for success. Initially
the tribe was seeking to finance this project with bonds,
however that option proved to be too difficult. Next they
turned to traditional bank financing but found that route to be
difficult as well. Then NAB stepped in to provide a loan, along
with the interest subsidy as part of the Indian Loan Guarantee
Program, and finally the project had the financing to move
ahead.
D. NAB is in the final stages of funding $1.7 million for a
new facility in a remote Alaska village that will become the
community's general store. The project involved consolidating
the existing two dilapidated buildings into a new structure
that is much more efficient and has more capacity to provide
additional goods and services. The ability of the village to
order goods, oil and gas in larger quantities will enable its
members to purchase these necessities at a somewhat lower cost
than the very expensive prices they have been paying. Without
the Indian Loan Guarantee, the loan could not have been made
and this project would have never happened.
II. Amount of Funding Provided to and from the Program
As noted in the National Center's testimony, the Congress
appropriated less that $7 million for FY 2015 for the Indian Loan
Guarantee Program allowing for about $100 million in total loan
principle subject to guarantee. The limit for FY 2014 was about $93
million, the guarantees were fully utilized, and NAB accounted for over
25 percent of the program's guaranteed dollars, as noted earlier. In
October, 2014, at the start of this FY 2015, NAB had another $10
million in pending loans waiting for guarantees which could not be
approved until Congress took final action on the FY 2015 Omnibus
Appropriations Act. In addition, we now have another $30 million in
process in our loan pipeline that will be submitted to OIEED for
guarantees over the coming weeks and months.
As a result of our work, and that of others, to educate and give
guidance to Indian Country on native economic endeavors and options for
financing, particularly in rural/remote areas, the Indian Loan
Guarantee Program is becoming better known as a mechanism for making
these projects come to fruition. The volume of interest and projects
being presented to us has increased several fold over the last two
years. We see the economic opportunities within Indian Country growing
substantially, making the need for capital even more vital. We are
expecting and planning that the Indian Loan Guarantee Program's current
limit of $100 million in total loan principal will not support all of
the requests for guarantees this fiscal year, however.
Keep in mind that, in 2006, Congress increased the statutory
authorization for this important program from $500 million to $1.5
billion as the limit on total loan principal subject to guarantees. For
FY 2016, Congress must start increasing the funding for the credit
subsidy for this essential program to enable lending to accelerate and
move closer to those much higher loan limits that Congress intended to
see achieved when it increased the lending authority in 2006.
III. Limits of the Program
Fundamentally the program has played a strategic role in helping
provide economic opportunities that otherwise would never become
available. It is a central part of NAB's strategic mission to assist
with options for economic diversity that will help tribes become more
self-sustaining. Among the program's strengths is the flexibility to
accommodate different structures for a financing package.
Limited funding continues to hamper the program's operations and
effectiveness, however. Already noted is the unreasonably low level of
funding that has been provided in recent years for the credit subsidy
for the guarantees and the correspondingly inadequate limit on the
total amount in loans that can be guaranteed each year. Administration
of the program also has been challenging, since the OIEED has suffered
cuts to personnel and resources available to operate and review and
process all the applications for guarantees. The NAB supports the
recommendation of the National Center to increase FY 2016 funding for
the OIEED, as well as for the Indian Loan Guarantee Program, to enable
both to do a better job meeting the capital needs of Indian Country.
In closing, I would like to thank the Committee for the opportunity
to provide my comments on behalf of Native American Bank.
______
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______
Prepared Statement of Randella Bluehouse, Executive Director, National
Indian Council on Aging, Inc. (NICOA)
On behalf of The National Indian Council on Aging, Inc. (NICOA), I
thank you for the opportunity to submit testimony.
NICOA is a non-profit organization founded in 1976 to advocate for
improved comprehensive health, social services, and economic well-being
for American Indian and Alaska Native Elders. NICOA also operates as a
National Sponsor of the federal Senior Community Service Employment
Program (SCSEP). NICOA's SCSEP operates in fourteen states through an
American Indian set-aside grant from the Department of Labor. For over
39 years, we have served as the nation's foremost advocate for American
Indian and Alaska Native Elders.
Today's hearing, ``Indian Country Priorities for the 114th
Congress,'' is important for the opportunity that it provides our
community to share not only our challenges but also the solutions that
we see possible with the partnership of Congress. The issues that
Indian Country faces are not unique, though the solutions that they
require may be different due to structural, societal, and legal
differences.
NICOA members submit resolutions which are presented and voted by
AI/AN Elder members 55 years and older, who attend our national Aging
Conference every other year. These resolutions address both the issues
our AI/AN Elder communities face, especially as its members age, and
provide possible solutions. We have attached the most relevant
resolutions here, including the resolutions adopted by NCAI in
partnership with NICOA. These are resolutions which Congress could take
action on and which would make a significant difference in the quality
of life for American Indian and Alaskan Native Elders.
NICOA appreciates this opportunity to submit this testimony, and we
look forward to working with the Committee this Congress.
Attachments
NATIONAL INDIAN COUNCIL ON AGING--Resolution #2014-02
TITLE: Gerontology and Geriatric Research to Benefit American
Indian/Alaskan Native (AI/AN) Elders & Tribes
WHEREAS, we the members of the National Indian Council on Aging,
Inc. (NICOA) of the United States, invoking the divine blessing of the
Creator upon our efforts and purposes, in order to preserve for
ourselves and our descendants the inherent sovereign rights of our
Indian nations, rights secured under Indian treaties and agreements
with the United States, to enlighten the public toward a better
understanding of the issues and needs of American Indian and Alaska
Native Elders, to preserve Indian cultural values, and otherwise
promote the health, safety, and welfare of our Elders, do hereby
establish and submit the following resolution; and
WHEREAS, NICOA was established in 1976 by Tribal Leaders to
advocate for improved comprehensive health, social services, and
economic wellbeing for American Indian and Alaska Native (AI/AN)
Elders. NICOA submits to the National Congress of American Indians
(NCAI) this resolution passed by its members at their biennial meeting
on September 5, 2014; and
WHEREAS, health care providers and the general public do not have
access to adequate gerontology and geriatric data and information.
There is a lack of relevant, immediate, applicable community based and
inter-disciplinary data. This lack of information contributes to AI/AN
health disparities, maltreatment, exclusion, gaps, and other
gerontological health issues, and;
WHEREAS, research is needed to promote systematic investigation,
development, testing, and evaluation centered on health issues central
to the Native community in order to create a continual dialogue between
investigators, health care providers, and the Native communities in
general; and
WHEREAS, the lack of research and evidence based data and
information specific to AI/AN Elders decreases opportunities for tribes
to seek alternative funding placing the AI/AN entities at a
disadvantage for accessing potential resources to support aging
services. Health care data and information help to enhance
opportunities to secure funding resources for a variety of care
services by tracking death rates and such chronic illness and acute
disease. The evidence based findings and interviews will contribute to
health based equity and promote healthier lifestyles and establish
common ethical and research practices such as community based
participatory research (CBPR) that gains the trust of the AI/AN
community by observing cultural values; and
NOW THEREFORE BE IT RESOLVED, that the NICOA Elders do hereby
request that the U.S Department of Health and Human Services increase
opportunities and direct funding for gerontology and geriatric research
to AI/AN entities; and
BE IT FURTHER RESOLVED, that the Centers for Disease Control and
Prevention, and the National Institutes of Health increase research for
and by AI/AN organizations with direct set aside funding from an
increased Congressional appropriation; and
BE IT FURTHER RESOLVED, that this resolution is policy of NICOA
until it is withdrawn or modified by subsequent resolution
NATIONAL INDIAN COUNCIL ON AGING--Resolution # 2014-04
TITLE: NICOA Elders Call for a National American Indian/Alaska
Native Hearing on Aging
WHEREAS, we, the members of the National Indian Council on Aging,
Inc. (NICOA) of the United States, invoking the divine blessing of the
Creator upon our efforts and purposes, in order to preserve for
ourselves and our descendants the inherent sovereign rights of our
Indian nations, rights secured under Indian treaties and agreements
with the United States, and all other rights and benefits to which we
are entitled under the laws and Constitution of the United States, to
enlighten the public toward a better understanding of the issues and
needs of American Indian and Alaska Native Elders, to preserve Indian
cultural values, and otherwise promote the health, safety, and welfare
of our Elders, do hereby establish and submit the following resolution;
and
WHEREAS, NICOA was established in 1976 by Tribal Leaders to
advocate for improved comprehensive health, social services, and
economic wellbeing for American Indian and Alaska Native (AI/AN)
Elders. NICOA submits to the National Congress of American Indians
(NCAI) this resolution passed by its members at their biennial meeting
on September 5, 2014; and
WHEREAS, AI/ANs are struggling with many issues that are
unrecognized by policy makers as poverty increases, substandard housing
deteriorates, health care dollars shrink, the cost of living increases,
veterans suffer long waits and lack of care, federal funding decreases,
Native Elders age in greater numbers and require home and community-
based long term services and supports, raise grandchildren, live with
Alzheimer's Disease, provide caregiving as they cope with their own
aging challenges, work for acceptance of LGBT Elders; and
WHEREAS, Congress has stated that ``older individuals who are
Indians, older individuals who are Alaskan Natives, and older
individuals who are Native Hawaiians are a vital resource entitled to
all benefits and services available and that such services and benefits
should be provided in a manner that preserves and restores their
respective dignity, self-respect, and cultural identities'' (42 U.S.C.
3057a); and
WHEREAS, in the 36 years since Title VI was added to the Older
Americans Act, funding and services for Title VI have never been
comparable to funding for Title III, leaving older American Indians and
Alaska Natives without needed services to allow them to live vital,
independent lives, as long as possible in their homes and communities.
These many pressing concerns require a broader audience to create
awareness and a sense of the urgent, imperative nature of the problem;
and
NOW THEREFORE BE IT RESOLVED, that NICOA Elders request full
Congressional Hearings on the Needs of American Indian, Alaskan Native
and Native Hawaiian Elders to enable tribal leadership to testify on
the status and unmet needs of tribal Elders. These hearings should also
be held throughout Indian Country to allow for our esteemed Elders
attendance and participation; and
BE IT FURTHER RESOLVED that the congressional hearings be held
prior to September 30, 2015 and be co-sponsored by the Senate Select
Committee on Aging and the Senate Select Committee on Indian Affairs;
and
BE IT FURTHER RESOLVED that this resolution shall be the policy of
NICOA until it is withdrawn or modified by subsequent resolution.
NATIONAL INDIAN COUNCIL ON AGING--Resolution # 2014-05
TITLE: NICOA Elders Oppose Cuts in Title V Funding
WHEREAS, we, the members of the National Indian Council on Aging,
Inc. (NICOA) of the United States, invoking the divine blessing of the
Creator upon our efforts and purposes, in order to preserve for
ourselves and our descendants the inherent sovereign rights of our
Indian nations, rights secured under Indian treaties and agreements
with the United States, and all other rights and benefits to which we
are entitled under the laws and Constitution of the United States, to
enlighten the public toward a better understanding of the issues and
needs of American Indian and Alaska Native Elders, to preserve Indian
cultural values, and otherwise promote the health, safety, and welfare
of our Elders, do hereby establish and submit the following resolution;
and
WHEREAS, NICOA was established in 1976 by Tribal Leaders to
advocate for improved comprehensive health, social services, and
economic wellbeing for American Indian and Alaska Native Elders. NICOA
submits to the National Congress of American Indians (NCAI) this
resolution passed by its members at their biennial meeting on September
5, 2014; and
WHEREAS, the Senior Community Employment Program or SCSEP is the
largest federally funded program which targets older adults 55 and
older seeking training and employment. It is authorized by Title V of
the Older Americans Act. Created in 1965, the program matches eligible
older adults with part time work-based training in community service
organizations. Participants build skills and self-confidence while
earning a modest income. For some, their SCSEP experience leads to
permanent employment. This job training serves as a bridge to
unsubsidized employment opportunities for participants and assists with
the provision of needed community services; and
WHEREAS, the President's FY 2015 budget request proposes a cut of
over $54 million to SCSEP (from $434.4 million to $380 million) across
the nation. This cut would mean a loss of paid training for 9,000 lower
income older adults in national and state projects. This loss of
funding would impact the Elders receiving training and also the
programs who benefit from SCSEP participants' assistance; and
WHEREAS, in the year ending June 30, 2014, NICOA SCSEP provided
539,513 hours of service in over 210 local tribal, government, and
private nonprofit community agencies; and
WHEREAS, funding for the National Indian Council on Aging's SCSEP
would be cut by $730,717 starting July 1, 2015. About 100 fewer older
low income Elders would be provided jobs and training and approximately
61,700 staff hours would be lost by community service organizations;
and
NOW THEREFORE BE IT RESOLVED, that NICOA Elders oppose the proposed
$54 million cut to SCSEP and any future cut in funding to SCSEP; and
BE IT FURTHER RESOLVED that this resolution shall be the policy of
NICOA until it is withdrawn or modified by subsequent resolution.
NATIONAL INDIAN COUNCIL ON AGING--Resolution # 2014-06
TITLE: NICOA Elders Request Comparable Equity between Title III
State Services and Title VI Tribal Services
WHEREAS, we, the members of the National Indian Council on Aging,
Inc. (NICOA) of the United States, invoking the divine blessing of the
Creator upon our efforts and purposes, in order to preserve for
ourselves and our descendants the inherent sovereign rights of our
Indian nations, rights secured under Indian treaties and agreements
with the United states, and all other rights and benefits to which we
are entitled under the laws and Constitution of the United States, to
enlighten the public toward a better understanding of the issues and
needs of American Indian and Alaska Native Elders, to preserve Indian
cultural values, and otherwise promote the health, safety, and welfare
of our Elders, do hereby establish and submit the following resolution;
and
WHEREAS, NICOA was established in 1976 by Tribal Leaders to
advocate for improved comprehensive health, social services, and
economic wellbeing for American Indian and Alaska Native Elders. NICOA,
submits to the National Congress of American Indians (NCAI) this
resolution passed by its members at their biennial meeting on September
5, 2014; and
WHEREAS, the Administration on Aging (AoA) grants are awarded under
Title VI to American Indian tribal organizations, Alaskan Native
organizations, and non-profit groups representing Native Hawaiians.
Grants are used to fund supportive and nutrition services for American
Indian/Alaska Native (AI/AN) Elders. Grants are awarded to more than
250 tribal organizations and 2 Native Hawaiian organizations. In
addition, family caregiver grants have been awarded to 218 Title VI
organizations; and
WHEREAS, the Older Americans Act states in Title VI that ``it is
the purpose of this Title to promote the delivery of supportive
services, including nutrition services, to AI/ANs and Native Hawaiians
that are comparable to services provided under Title III. However, the
provision of ``comparable services'', has not been achieved due to
insufficient funds for this Title; and
WHEREAS, NICOA acknowledges the tremendous efforts of Title VI
Directors and the creative approaches they develop to cope with budgets
shortfalls. Approximately two thirds of the grants to AI/AN tribes or
consortia of tribes are for less than $100,000. This funding level is
expected to provide services for a minimum of 50 Elders for an entire
year. Those tribes receiving more than or at least $100,000 serve
between 200-300 Elders. Many tribes are not able to meet the five day
per week meal requirement because of insufficient funding and are
serving congregate meals only two or three days per week; and
NOW THEREFORE BE IT RESOLVED, that NICOA Elders request that the
Administration on Aging (AoA) increase appropriation of funding for
Title VI of the Older Americans Act based on the number of eligible AI/
ANs in each of the designated service areas. According to the AoA, the
number of AI/AN people age 65 and older is projected to increase by
nearly 75 percent between 2010 and 2020; and
BE IT FURTHER RESOLVED, that NICOA Elders request for increased
training for Title VI service providers that include new and innovative
ways to improve Indian Elder access to social services. Funding for
training should be separate from funds used to provide direct services;
and
BE IT FURTHER RESOLVED that this resolution shall be the policy of
NICOA until it is withdrawn or modified by subsequent resolution.
NATIONAL INDIAN COUNCIL ON AGING--Resolution # 2014-07
TITLE: NICOA Elders Request Long Term Care Funding
WHEREAS, we, the members of the National Indian Council on Aging,
Inc. (NICOA) of the United States, invoking the divine blessing of the
Creator upon our efforts and purposes, in order to preserve for
ourselves and our descendants the inherent sovereign rights of our
Indian nations, rights secured under Indian treaties and agreements
with the United States, and all other rights and benefits to which we
are entitled under the laws and Constitution of the United States, to
enlighten the public toward a better understanding of the issues and
needs of American Indian and Alaska Native Elders, to preserve Indian
cultural values, and otherwise promote the health, safety, and welfare
of our Elders, do hereby establish and submit the following resolution;
and
WHEREAS, NICOA was established in 1976 by Tribal Leaders to
advocate for improved comprehensive health, social services, and
economic wellbeing for American Indian and Alaska Native Elders. NICOA
submits to the National Congress of American Indians (NCAI) this
resolution passed by its members at their biennial meeting on September
5, 2014; and
WHEREAS, as the American Indian/Alaska Native Elder population
increases, the urgent need for long term care services and supports
also increases. According to the Administration on Aging, the number of
AI/AN people age 65 and older is projected to increase by nearly 75
percent between 2010 and 2020. The Centers for Disease Control and
Prevention found that Native people overall were 50.3 percent more
likely to have a disability, when compared with the national average.
Overall AI/AN populations experience some of the highest rates of
chronic disease and disability in the U.S; and
WHEREAS, a 2010 survey by R. Tuner Goins, Ph.D. found that out of
566 tribes only 15 percent of tribes had nursing home services and 16
percent had assisted living services; and
WHEREAS, The Affordable Care Act and its dual legislation, the
Indian Healthcare Improvement Act grants the Indian Health Service
(IHS) specific authorities for provision of long term care; and
WHEREAS, the aforementioned legislation only authorizes IHS to
provide services but does not mandate any new funding specific to long-
term care. The Indian Health Service does provide care but has been
underfunded for decades. In a 2005 GAO report titled ``Indian Health
Service: Health Care Services Are Not Always Available to Native
Americans'' highlighted the ongoing problems of long wait times, lack
of adequate facilities and rationing of care due to lack of funding;
and
WHEREAS, adequate appropriations are needed to address this looming
health crisis; and
NOW THEREFORE BE IT RESOLVED, that NICOA Elders do hereby call on
the Obama administration to request and for Congress to authorize and
appropriate adequate funding for the provision of long term care
services and supports for American Indian and Alaska Natives; and
BE IT FURTHER RESOLVED that this resolution shall be the policy of
NICOA until it is withdrawn or modified by subsequent resolution.
NATIONAL INDIAN COUNCIL ON AGING--Resolution # 2014-10
TITLE: NICOA Elders Support the Reauthorization of the Older
Americans Act
WHEREAS, we, the members of the National Indian Council on Aging,
Inc. (NICOA) of the United States, invoking the divine blessing of the
Creator upon our efforts and purposes, in order to preserve for
ourselves and our descendants the inherent sovereign rights of our
Indian nations, rights secured under Indian treaties and agreements
with the United States, and all other rights and benefits to which we
are entitled under the laws and Constitution of the United States, to
enlighten the public toward a better understanding of the issues and
needs of American Indian and Alaska Native Elders, to preserve Indian
cultural values, and otherwise promote the health, safety, and welfare
of our Elders, do hereby establish and submit the following resolution;
and
WHEREAS, NICOA was established in 1976 by Tribal Leaders to
advocate for improved comprehensive health, social services, and
economic wellbeing for American Indian and Alaska Native Elders. NICOA
submits to the National Congress of American Indians (NCAI) this
resolution passed by its members at their biennial meeting on September
5, 2014; and
WHEREAS, the Older Americans Act is the key legislative framework
for developing, coordinating, and delivering home and community based
services that allow American Indian/Alaska Native Elders to maintain
their independence. The Title VI program of the Older Americans Act
provides for supportive and nutrition services which aid AI/ANs across
the country. The Act also authorizes the only federal workforce program
which provides training to help transition low income Elders into
suitable employment in their community. The Act also provides for a
long term care ombudsman program to provide those living in long term
care facilities with protection of their rights and wellbeing; and
WHEREAS, despite these and many other important provisions, the
Older Americans Act was last reauthorized in 2006; its authorization
expired in 2011.This delay means that even more Elders will not receive
services as demand is only projected to increase. The population of
American Indian/Alaska Natives age 65 and older is expected to grow by
116 percent by 2030. Additionally the Older Americans Act is subject to
sequestration, resulting in unnecessary and harmful cuts each year
through 2021; and
WHEREAS, the Senate Health, Education, Labor, and Pensions (HELP)
Committee voted to send S. 1562, a bipartisan reauthorization bill, to
the Senate floor. In the House Rep. Suzanne Bonamici has introduced
H.R. 4122, which would strengthen the Older Americans Act and is
similar to the Senate bill. Another House bill, H.R. 3850 would simply
reauthorize the Act with no changes; and
NOW THEREFORE BE IT RESOLVED, that NICOA Elders do hereby support
the passage of S.1562 and H.R. 4122. These bills would expand and
modernize the Act for the next 5 years as well as preserve the separate
titles for congregate and home-delivered nutrition programs and
maintain voluntary contributions for participants. As a last resort,
NICOA would also support the straight reauthorization bill, H.R. 3850;
and
BE IT FURTHER RESOLVED that this resolution shall be the policy of
NICOA until it is withdrawn or modified by subsequent resolution.
NATIONAL INDIAN COUNCIL ON AGING--Resolution # 2014-11
TITLE: NICOA Elders Support the Social Security Administration
Accountability Act of 2014
WHEREAS, we, the members of the National Indian Council on Aging,
Inc. (NICOA) of the United States, invoking the divine blessing of the
Creator upon our efforts and purposes, in order to preserve for
ourselves and our descendants the inherent sovereign rights of our
Indian nations, rights secured under Indian treaties and agreements
with the United States, and all other rights and benefits to which we
are entitled under the laws and Constitution of the United States, to
enlighten the public toward a better understanding of the issues and
needs of American Indian and Alaska Native Elders, to preserve Indian
cultural values, and otherwise promote the health, safety, and welfare
of our Elders, do hereby establish and submit the following resolution;
and
WHEREAS, NICOA was established in 1976 by Tribal Leaders to
advocate for improved comprehensive health, social services, and
economic wellbeing for American Indian and Alaska Native (AI/AN)
Elders. NICOA submits to the National Congress of American Indians
(NCAI) this resolution passed by its members at their biennial meeting
on September 5, 2014; and
WHEREAS, many AI/AN tribal Elders live in remote areas and prefer
to receive Social Security information and guidance from a trained
professional in-person at the local Social Security Administration
(SSA) field offices instead of transactions using potentially confusing
and intimidating online databases. Those serving AI/ANs can answer
questions more readily and ensure that they understand the various
benefits programs available to them from the Social Security
Administration; and
WHEREAS, these important field offices provide valuable services to
vulnerable Elders who may depend on their Social Security benefits as a
sole source of income; and
WHEREAS, these Social Security Field Offices are facing closure and
will therefore limit efficient, culturally sensitive customer service.
These offices provide services that are critical to tribal Elders and
reservation communities; and
WHEREAS, other provisions of the Social Security Accountability of
2014 call for submission of a budget estimate directly to Congress and
the President, revises requirements that require inclusion of the
number of cases pending at each hearing office and average processing
time, requires the Commissioner to submit a detailed report outlining
and justifying the process for selecting field offices to be closed,
consolidated, or otherwise having limited access before the
Commissioner can close any Social Security Administration (SSA) field
office as well as requires the Commissioner to follow certain
administrative procedures; and
NOW THEREFORE BE IT RESOLVED, that NICOA recognizes and supports
the Social Security Administration's commitment to support and provide
customer service in rural areas benefiting tribal communities and
Elders; and
BE IT FINALLY RESOLVED, NICOA Elders support the Social Security
Administration Accountability Act of 2014 (H.R. 3997) and urges that
SSA field offices remain open and continue to provide excellent
customer service; and
BE IT FURTHER RESOLVED that this resolution shall be the policy of
NICOA until it is withdrawn or modified by subsequent resolution.
NATIONAL INDIAN COUNCIL ON AGING--Resolution # 2014-12
TITLE: NICOA Elders Support the Supplemental Security Income
Restoration Act
WHEREAS, we, the members of the National Indian Council on Aging,
Inc. (NICOA) of the United States, invoking the divine blessing of the
Creator upon our efforts and purposes, in order to preserve for
ourselves and our descendants the inherent sovereign rights of our
Indian nations, rights secured under Indian treaties and agreements
with the United States, and all other rights and benefits to which we
are entitled under the laws and Constitution of the United States, to
enlighten the public toward a better understanding of the issues and
needs of American Indian and Alaska Native Elders, to preserve Indian
cultural values, and otherwise promote the health, safety, and welfare
of our Elders, do hereby establish and submit the following resolution;
and
WHEREAS, NICOA was established in 1976 by Tribal Leaders to
advocate for improved comprehensive health, social services, and
economic wellbeing for American Indian and Alaska Native Elders. NICOA
submits to the National Congress of American Indians (NCAI) this
resolution passed by its members at their biennial meeting on September
5, 2014; and
WHEREAS, Supplemental Security Income (SSI) is a federal program
that provides monthly payments to people who have limited income and
few resources. SSI is for people age 65 and older, as well as blind or
disabled people of any age, including children; and
WHEREAS, over 50 percent of the AI/AN population aged 62-67 are
projected to have some work limitation. Research has shown that adult
AI/ANs are more likely to receive Supplemental Security Income and less
likely to receive Social Security benefits. These numbers are projected
to increase; and
WHEREAS, for about 60 percent of recipients, the SSI program is
their only source of income. The maximum benefit is little more than
$700 a month. The financial constraints are so stiff that a growing
number of older SSI recipients are homeless; and
WHEREAS, the Supplemental Security Income Restoration Act has been
introduced both in the Senate (S. 2089) and the House. (H.R. 1601).
This Act would update provisions in the program which are out of date
concerning earned income, general income, and resources. It would also
help the Social Security Administration streamline the claims process;
and
NOW THEREFORE BE IT RESOLVED, that NICOA Elders do hereby support
passage of S. 2089 and H.R. 1601 to support vulnerable AI/ANs and
provide a more secure quality of life; and
BE IT FURTHER RESOLVED that this resolution shall be the policy of
NICOA until it is withdrawn or modified by subsequent resolution.
The National Congress of American Indians--Resolution #ATL-14-055
TITLE: Gerontology and Geriatric Research to Benefit American
Indian/Alaskan Native (AI/AN) Elders & Tribes
WHEREAS, we, the members of the National Congress of American
Indians of the United States, invoking the divine blessing of the
Creator upon our efforts and purposes, in order to preserve for
ourselves and our descendants the inherent sovereign rights of our
Indian nations, rights secured under Indian treaties and agreements
with the United States, and all other rights and benefits to which we
are entitled under the laws and Constitution of the United States, to
enlighten the public toward a better understanding of the Indian
people, to preserve Indian cultural values, and otherwise promote the
health, safety and welfare of the Indian people, do hereby establish
and submit the following resolution; and
WHEREAS, the National Congress of American Indians (NCAI) was
established in 1944 and is the oldest and largest national organization
of American Indian and Alaska Native tribal governments; and
WHEREAS, health care providers and the general public do not have
access to adequate gerontology and geriatric data and information.
There is a lack of relevant, immediate, applicable community based and
inter-disciplinary data. This lack of information contributes to AI/AN
health disparities, maltreatment, exclusion, gaps, and other
gerontological health issues; and
WHEREAS, research is needed to promote systematic investigation,
development, testing, and evaluation centered on health issues central
to the Native community in order to create a continual dialogue between
investigators, health care providers, and the Native communities in
general; and
WHEREAS, the lack of research, evidence based data, and information
specific to AI/AN Elders decreases opportunities for tribes to seek
alternative funding placing the AI/AN entities at a disadvantage for
accessing potential resources to support aging services. Health care
data and information help to enhance opportunities to secure funding
resources for a variety of care services by tracking death rates and
such chronic illnesses and acute diseases. The evidence based findings
and interviews will contribute to health based equity and promote
healthier lifestyles and establish common ethical and research
practices such as community based participatory research (CBPR) that
gains the trust of the AI/AN community by observing cultural values.
NOW THEREFORE BE IT RESOLVED, that NCAI hereby requests that the
U.S Department of Health and Human Services increase opportunities and
direct funding for gerontology and geriatric research to AI/AN
entities; and
BE IT FURTHER RESOLVED, that the Centers for Disease Control and
Prevention, and the National Institutes of Health increase research for
and by AI/AN organizations with direct set aside funding from an
increased Congressional appropriation; and
BE IT FINALLY RESOLVED, that this resolution is policy of NCAI
until it is withdrawn or modified by subsequent resolution.
The National Congress of American Indians--Resolution #ATL-14-057
TITLE: Support for a National American Indian/Alaska Native Hearing
on Aging
WHEREAS, we, the members of the National Congress of American
Indians of the United States, invoking the divine blessing of the
Creator upon our efforts and purposes, in order to preserve for
ourselves and our descendants the inherent sovereign rights of our
Indian nations, rights secured under Indian treaties and agreements
with the United States, and all other rights and benefits to which we
are entitled under the laws and Constitution of the United States, to
enlighten the public toward a better understanding of the Indian
people, to preserve Indian cultural values, and otherwise promote the
health, safety and welfare of the Indian people, do hereby establish
and submit the following resolution; and
WHEREAS, the National Congress of American Indians (NCAI) was
established in 1944 and is the oldest and largest national organization
of American Indian and Alaska Native tribal governments; and
WHEREAS, AI/ANs are struggling with many issues that are
unrecognized by policy makers as poverty increases, substandard housing
deteriorates, health care dollars shrink, the cost of living increases,
veterans suffer long waits and lack of care, and federal funding
decreases. Native Elders age in greater numbers and require home and
community-based long term services and supports, raise grandchildren,
live with Alzheimer's Disease, provide caregiving as they cope with
their own aging challenges, work for acceptance of LGBT Elders; and
WHEREAS, Congress has stated that ``older individuals who are
Indians, older individuals who are Alaskan Natives, and older
individuals who are Native Hawaiians are a vital resource entitled to
all benefits and services available and that such services and benefits
should be provided in a manner that preserves and restores their
respective dignity, self-respect, and cultural identities'' (42 U.S.C.
3057a); and
WHEREAS, in the 36 years since Title VI was added to the Older
Americans Act, funding and services for Title VI have never been
comparable to funding for Title III, leaving older American Indians and
Alaska Natives without needed services to allow them to live vital,
independent lives, as long as possible in their homes and communities.
These immediate concerns require a broader audience to create awareness
and a sense of the crucial, imperative nature of the problem.
NOW THEREFORE BE IT RESOLVED, that NCAI request full Congressional
Hearings on the Needs of American Indian, Alaskan Native and Native
Hawaiian Elders to enable tribal leadership to testify on the status
and unmet needs of tribal Elders. These hearings should also be held
throughout Indian Country to allow for our esteemed Elders attendance
and participation; and
BE IT FURTHER RESOLVED, that the congressional hearings be co-
sponsored by the Senate Select Committee on Aging and the Senate Select
Committee on Indian Affairs; and
BE IT FINALLY RESOLVED, that this resolution shall be the policy of
NCAI until it is withdrawn or modified by subsequent resolution.
The National Congress of American Indians--Resolution #ATL-14-059
TITLE: Request for Comparable Equity between Title III State
Services and Title VI Tribal Services
WHEREAS, we, the members of the National Congress of American
Indians of the United States, invoking the divine blessing of the
Creator upon our efforts and purposes, in order to preserve for
ourselves and our descendants the inherent sovereign rights of our
Indian nations, rights secured under Indian treaties and agreements
with the United States, and all other rights and benefits to which we
are entitled under the laws and Constitution of the United States, to
enlighten the public toward a better understanding of the Indian
people, to preserve Indian cultural values, and otherwise promote the
health, safety and welfare of the Indian people, do hereby establish
and submit the following resolution; and
WHEREAS, the National Congress of American Indians (NCAI) was
established in 1944 and is the oldest and largest national organization
of American Indian and Alaska Native tribal governments; and
WHEREAS, the Administration on Aging (AoA) grants are awarded under
Title VI to American Indian tribal organizations, Alaskan Native
organizations, and non-profit groups representing Native Hawaiians.
Grants fund supportive and nutrition services for American Indian/
Alaska Native (AI/AN) Elders. Grants are awarded to more than 250
tribal organizations and 2 Native Hawaiian organizations. In addition,
family caregiver grants have been awarded to 218 Title VI
organizations; and
WHEREAS, the Older Americans Act states in Title VI that ``it is
the purpose of this Title to promote the delivery of supportive
services, including nutrition services, to AI/ANs and Native Hawaiians
that are comparable to services provided under Title III. However, the
provision of ``comparable services'', has not been achieved due to
insufficient funds for this Title; and
WHEREAS, NCAI acknowledges the tremendous efforts of Title VI
Directors and the creative approaches they develop to cope with budgets
shortfalls. Approximately two thirds of the grants to AI/AN tribes or
consortia of tribes are for less than $100,000.This funding level is
expected to provide services for a minimum of 50 Elders for an entire
year. Those tribes receiving more than or at least $100,000 serve
between 200-300 Elders. Many tribes are not able to meet the five day
per week meal requirement because of insufficient funding and are
serving congregate meals only two or three days per week.
NOW THEREFORE BE IT RESOLVED, that NCAI requests that the
Administration on Aging (AoA) determine the eligible number of AI/ANs
in each designated service areas, and request the AoA evaluate the data
and trend of the growing # of AI/AN elders in each designated service
area and utilize such data in its budget request to Congress; and
BE IT FURTHER RESOLVED, that NCAI requests increased training for
Title VI service providers that include new and innovative ways to
improve Indian Elder access to social services. Funding for training
should be separate from funds used to provide direct services; and
BE IT FINALLY RESOLVED, that this resolution shall be the policy of
NCAI until it is withdrawn or modified by subsequent resolution.
The National Congress of American Indians--Resolution #ATL-14-063
TITLE: Support the Reauthorization of the Older Americans Act
WHEREAS, we, the members of the National Congress of American
Indians of the United States, invoking the divine blessing of the
Creator upon our efforts and purposes, in order to preserve for
ourselves and our descendants the inherent sovereign rights of our
Indian nations, rights secured under Indian treaties and agreements
with the United States, and all other rights and benefits to which we
are entitled under the laws and Constitution of the United States, to
enlighten the public toward a better understanding of the Indian
people, to preserve Indian cultural values, and otherwise promote the
health, safety and welfare of the Indian people, do hereby establish
and submit the following resolution; and WHEREAS, the National Congress
of American Indians (NCAI) was established in 1944 and is the oldest
and largest national organization of American Indian and Alaska Native
tribal governments; and
WHEREAS, the Older Americans Act is the key legislative framework
for developing, coordinating, and delivering home and community based
services that allow American Indian/Alaska Native Elders to maintain
their independence. The Title VI program of the Older Americans Act
provides for supportive and nutrition services which aid AI/ANs across
the country. The Act also authorizes the only federal workforce program
which provides training to help transition low income Elders into
suitable employment in their community. The Act also provides for a
long term care ombudsman program to provide those living in long term
care facilities with protection of their rights and wellbeing; and
WHEREAS, despite these and many other important provisions, the
Older Americans Act was last reauthorized in 2006; its authorization
expired in 2011.This delay means that even more Elders will not receive
services as the demand is only projected to increase. The population of
American Indian/Alaska Natives age 65 and older is expected to grow by
116 percent by 2030. Additionally the Older Americans Act is subject to
sequestration, resulting in unnecessary and harmful cuts each year
through 2021; and
NOW THEREFORE BE IT RESOLVED, that NCAI hereby supports legislation
that modernizes and reauthorizes the Older Americans Act to provide
adequate funding for delivery of nutrition services and elderly
support; and
BE IT FURTHER RESOLVED, that this resolution shall be the policy of
NCAI until it is withdrawn or modified by subsequent resolution.
The National Congress of American Indians--Resolution #ATL-14-064
TITLE: Support Social Security Administration Consultation with
Tribal Governments Prior to Closure of Any Field Offices
WHEREAS, we, the members of the National Congress of American
Indians of the United States, invoking the divine blessing of the
Creator upon our efforts and purposes, in order to preserve for
ourselves and our descendants the inherent sovereign rights of our
Indian nations, rights secured under Indian treaties and agreements
with the United States, and all other rights and benefits to which we
are entitled under the laws and Constitution of the United States, to
enlighten the public toward a better understanding of the Indian
people, to preserve Indian cultural values, and otherwise promote the
health, safety and welfare of the Indian people, do hereby establish
and submit the following resolution; and WHEREAS, the National Congress
of American Indians (NCAI) was established in 1944 and is the oldest
and largest national organization of American Indian and Alaska Native
tribal governments; and
WHEREAS, many AI/AN tribal Elders live in remote areas and prefer
to receive Social Security information and guidance from a trained
professional in-person at the local Social Security Administration
(SSA) field offices instead of transactions using potentially confusing
and intimidating online databases. Those serving AI/ANs can answer
questions more readily and ensure that they understand the various
benefits programs available to them from the Social Security
Administration; and WHEREAS, these important field offices provide
valuable services to vulnerable Elders who may depend on their Social
Security benefits as a sole source of income; and
WHEREAS, these Social Security Field Offices are facing closure and
will therefore limit efficient, culturally sensitive customer service.
These offices provide services that are critical to tribal Elders and
reservation communities; and WHEREAS, legislation is needed that calls
for submission of a budget estimate directly to Congress and the
President, revises requirements that require inclusion of the number of
cases pending at each hearing office and average processing time,
requires the Commissioner to submit a detailed report outlining and
justifying the process for selecting field offices to be closed,
consolidated, or otherwise having limited access before the
Commissioner can close any Social Security Administration (SSA) field
office as well as requires the Commissioner to follow certain
administrative procedures.
NOW THEREFORE BE IT RESOLVED, that NCAI recognizes and supports the
Social Security Administration's commitment to support and provide
customer service in rural areas benefiting tribal communities and
Elders; and
BE IT FURTHER RESOLVED, NCAI supports legislation that would
require the Social Security Administration to consult with Tribal
governments prior to closure of any field offices and to take into
account any potential impact it may have on tribal communities prior to
closure; and BE IT FURTHER RESOLVED, that NCAI will hereby be committed
to working with the Social Security Administration to ensure adequate
consultation is conducted with Tribal governments in consideration of
any field office closures; and
BE IT FINALLY RESOLVED, that this resolution shall be the policy of
NCAI until it is withdrawn or modified by subsequent resolution.
The National Congress of American Indians--Resolution #ATL-14-065
TITLE: Support for Modernization Legislation of the Supplemental
Security Income Program
WHEREAS, we, the members of the National Congress of American
Indians of the United States, invoking the divine blessing of the
Creator upon our efforts and purposes, in order to preserve for
ourselves and our descendants the inherent sovereign rights of our
Indian nations, rights secured under Indian treaties and agreements
with the United States, and all other rights and benefits to which we
are entitled under the laws and Constitution of the United States, to
enlighten the public toward a better understanding of the Indian
people, to preserve Indian cultural values, and otherwise promote the
health, safety and welfare of the Indian people, do hereby establish
and submit the following resolution; and
WHEREAS, the National Congress of American Indians (NCAI) was
established in 1944 and is the oldest and largest national organization
of American Indian and Alaska Native tribal governments; and
WHEREAS, Supplemental Security Income (SSI) is a federal program
that provides monthly payments to people who have limited income and
few resources. SSI is for people age 65 and older, as well as blind or
disabled people of any age, including children; and
WHEREAS, over 50 percent of the AI/AN population aged 62-67 are
projected to have some work limitation. Research has shown that adult
AI/ANs are more likely to receive Supplemental Security Income and less
likely to receive Social Security benefits. These numbers are projected
to increase; and
WHEREAS, for about 60 percent of recipients, the SSI program is
their only source of income. The maximum benefit is little more than
$700 a month. The financial constraints are so stiff that a growing
number of older SSI recipients are homeless.
NOW THEREFORE BE IT RESOLVED, that NCAI hereby supports legislation
that updates statutory provisions in the program which are out of date
concerning earned income, general income, resources, and helps the
Social Security Administration streamline the claims process to support
vulnerable AI/ANs and provide a more secure quality of life; and
BE IT FURTHER RESOLVED that this resolution shall be the policy of
NCAI until it is withdrawn or modified by subsequent resolution.
______
Prepared Statement of Hon. Tim Ballew II, Chairman, Lummi Nation
Dear Committee Members:
The Lummi Nation has many goals and priorities for 2015 and we urge
the Committee to consider adding priorities to the 114th Congress at
the request of the Lummi Nation. As a federally recognized tribe and
sovereign nation, like many other tribes have issues that need to be
addressed. Many of our issues can be addressed, fixed or heard on a
federally level with our Trustee such as Congress. We request the
Senate Committee on Indian Affairs to include the following for Indian
Country Priorities for the 114th Congress:
1) Treaty Rights at Risk: The Lummi Nation like many tribes
have treaty rights and some of those rights included but not
limited to the right of taking fish at usual and accustomed
ground and stations. The Lummi Nation is facing threats of our
harvest and need more support from our Trustee who have a trust
responsibility and fiduciary obligations to protect these
rights. Also, we call for a response to the work of Billy
Franks white paper on Treaty Rights at Risk.
2) Job Creation and Economic Development: The Lummi Nation is
a growing nation and we need to be able to create jobs and
economic development growth to supply or help our community
with gaining employment. Gaming cannot be our only source of
income and economic development will be a stream of income for
the community and Nation.
Thank your for considering our request for the record and to add to
the list of priorities in Indian Country for the 114th Congress.
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