[Senate Hearing 116-198]
[From the U.S. Government Publishing Office]
S. Hrg. 116-198
S. 2610, THE TRIBAL ENERGY REAUTHORIZATION ACT; AND S. 2891, THE TRIBAL
WILDLIFE CORRIDORS ACT OF 2019
=======================================================================
HEARING
before the
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED SIXTEENTH CONGRESS
SECOND SESSION
__________
MARCH 4, 2020
__________
Printed for the use of the Committee on Indian Affairs
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
U.S. GOVERNMENT PUBLISHING OFFICE
40-490 PDF WASHINGTON : 2020
COMMITTEE ON INDIAN AFFAIRS
JOHN HOEVEN, North Dakota, Chairman
TOM UDALL, New Mexico, Vice Chairman
JOHN BARRASSO, Wyoming MARIA CANTWELL, Washington
LISA MURKOWSKI, Alaska JON TESTER, Montana,
JAMES LANKFORD, Oklahoma BRIAN SCHATZ, Hawaii
STEVE DAINES, Montana CATHERINE CORTEZ MASTO, Nevada
MARTHA McSALLY, Arizona TINA SMITH, Minnesota
JERRY MORAN, Kansas
T. Michael Andrews, Majority Staff Director and Chief Counsel
Jennifer Romero, Minority Staff Director and Chief Counsel
C O N T E N T S
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Page
Hearing held on March 4, 2020.................................... 1
Statement of Senator Cortez Masto................................ 25
Statement of Senator Hoeven...................................... 1
Statement of Senator Murkowski................................... 23
Statement of Senator Smith....................................... 21
Statement of Senator Udall....................................... 2
Witnesses
Auginaush, Sr., Hon. Raymond, Council Member, White Earth Nation. 15
Prepared statement........................................... 16
Frost, Kevin R., Director, Office of Indian Energy Policy and
Programs, U.S. Department of Energy............................ 3
Prepared statement........................................... 6
Guertin, Stephen, Deputy Director for Program Management and
Policy, U.S. Fish and Wildlife Service......................... 8
Prepared statement........................................... 10
Montoya, Hon. Lawrence, Governor, Pueblo of Santa Ana............ 11
Prepared statement........................................... 13
Appendix
Joseph, Hon. Victor, Chief/Chairman, Tanana Chiefs Conference,
prepared statement............................................. 29
McConville, Drew, Senior Managing Director, Government Relations,
The Wilderness Society, letter of support...................... 30
Response to written questions submitted by Hon. Tom Udall to:
Kevin R. Frost............................................... 31
Stephen Guertin.............................................. 33
S. 2610, THE TRIBAL ENERGY
REAUTHORIZATION ACT; AND S. 2891, THE
TRIBAL WILDLIFE CORRIDORS ACT OF 2019
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WEDNESDAY, MARCH 4, 2020
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 2:34 p.m. in room
628, Dirksen Senate Office Building, Hon. John Hoeven,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. JOHN HOEVEN,
U.S. SENATOR FROM NORTH DAKOTA
The Chairman. Good afternoon. We will call this legislative
hearing to order.
Today, the Committee will consider two bills, S. 2610, the
Tribal Energy Reauthorization Act, and S. 2891, the Tribal
Wildlife Corridors Act of 2019.
On October 16th, 2019, Senator Murkowski introduced S.
2610, along with Senator Smith as an original cosponsor.
Senator Sullivan is also a cosponsor.
The Department of Energy's Office of Indian Energy Policy
and Programs is authorized to fund and implement a variety of
programmatic activities that assist Indian tribes and Alaska
Native villages with energy development: capacity building,
energy cost reduction, and electrification of Indian lands and
homes.
This bill would reauthorize the Office of Indian Energy and
the Energy Loan Guarantee Program through 2030. The bill also
amends definitions of the Energy Policy Act of 1992 in order
top provide flexibility on electrifying Indian Country and
Alaska. The bill mandates the Department of Energy submit a
report to Congress on an Indian energy Arctic strategy.
On November 19th, 2019, Senator Udall introduced S. 2891,
the Tribal Wildlife Corridors Act of 2019. Senators Booker,
Harris, Blumenthal, Sanders, Tester, Smith, and Warren are
original cosponsors. S. 2891 will increase the capacity of
tribal communities to coordinate wildlife management strategies
across tribal lands in the west. Tribes will work closely with
the Department of Interior to establish and framework for
advancing habitat connectivity in Indian Country. This bill
will restore historical habitats and facilitate the movement of
native species through tribal lands.
Before turning the bills, I want to ask Vice Chairman
Senator Udall for his opening statement.
STATEMENT OF HON. TOM UDALL,
U.S. SENATOR FROM NEW MEXICO
Senator Udall. Thank you, Mr. Chairman, and thank you very
much for scheduling today's hearing. I just want to note our
fellow Senator that is here today, Senator Smith, it is her
birthday.
The Chairman. Oh, my goodness.
Senator Udall. She has been celebrated a lot, so I am not
sure we need to sing Happy Birthday.
The Chairman. We certainly need to have the record reflect
a hearty Happy Birthday.
Senator Udall. Absolutely.
[Laughter.]
Senator Udall. Thank you, Mr. Chairman.
I would like to welcome Santa Ana Pueblo's Governor,
Lawrence Montoya. I commend the Pueblo's strong leadership to
wildlife and cultural preservation. Governor Montoya has played
an active role to amplify the importance of wildlife corridors.
Welcome, Governor Montoya. His Lieutenant Governor, the
Pueblo's Lieutenant also, Lieutenant Governor Sanchez, is in
the audience. He is sitting right behind the Governor.
In the United States, we are losing habitat at an
astounding rate, a football field's worth every 30 seconds.
That is leading to a loss of biodiversity and fragmentation.
The fragmentation of remaining habitat by roads and other
development further threatens animal and plant species.
Roadways supporting human migration often pose barriers to safe
wildlife migration. I know the Pueblo is very interested in
wildlife migration. Establishing fish and wildlife migration
corridors is one of the most effective tools we have to
maintain fish, wildlife, and plant species, at a time when the
ecosystems are under threat like never before.
With over 1 million automobile accidents per year involving
wildlife, costing more than $8 billion in medical costs and
medical repairs, supporting wildlife corridors has become a
public health and safety issue. My bill, S. 2891, encourages
tribes to identify, use, and expand wildlife migration
corridors and habitat on tribal lands and in their communities.
This new authority for tribes is critically important.
In 2018, the Secretary of Interior issued an order that
directs Interior bureaus to partner with select western States
to conserve and improve the quality of western big game
migration corridors and winter range on Federal lands. But
tribes were left out. My bill would fill that gap. It provides
authority for tribes to establish, manage or expand a tribal
wildlife corridor, and it compensates for another limitation in
the Secretarial order by covering all native species, not just
big game species.
Recognition of the importance of wildlife corridors across
tribal, State and Federal boundaries is growing. Last year, my
home State of New Mexico became the first State in the Nation
to enact comprehensive legislation to require the State to
develop a wildlife corridors action plan to identify wildlife
corridors. Just a few weeks ago, the Virginia General Assembly
passed legislation to adopt its own comprehensive program, and
the Governor of Wyoming issued an executive order designating
wildlife corridors.
S. 2891 moves us toward addressing the movement of wildlife
across multiple jurisdictional boundaries, and works to
overcome the fragmentation of our landscape through roads,
fences, and other barriers. Perhaps most importantly, it takes
concrete steps to bolster the use of wildlife corridors on
Indian lands and adjacent public lands in recognition of the
importance and respect accorded to fish and wildlife by Native
American people.
Turning to Senator Murkowski's bill, I look forward to
hearing Mr. Frost's testimony. I am interested to find out why
the Administration recommends a cut of over 50 percent to the
Department of Energy's Indian Energy Planning and Management
Assistance Program, a valuable program that has funded
renewable energy projects for the tribes in New Mexico.
I just want to notify Senator Cortez Masto that has a
birthday woman sitting to her left there. It's her birthday
today.
[Laughter.]
Senator Udall. And turning it back, thank you, Mr.
Chairman. We really appreciate you here.
The Chairman. Thank you, Vice Chairman Udall.
Opening statements from Senator Smith or Senator Cortez
Masto?
Senator Cortez Masto. I will do it when I ask my questions.
Thank you, Mr. Chairman.
The Chairman. All right, we will turn to our witnesses.
First, Mr. Kevin Frost, Director, U.S. Department of Energy,
Office of Indian Energy Policy and Programs here in Washington,
D.C. Mr. Stephen Guertin, Deputy Director for Program
Management and Policy, U.S. Fish and Wildlife Services here in
D.C. The Honorable Lawrence Montoya, Governor of Pueblo Santa
Ana, Santa Ana Pueblo, New Mexico. And the Honorable Raymond
Auginaush, Sr., Councilman, White Earth Nation, Ogema,
Minnesota.
Thank you, all of you, for being here. We appreciate it
very much. I want to remind the witnesses that your full
written testimony will be part of the official record, and if
you would, please, keep your opening statement to no more than
five minutes, so that will allow time for questions.
With that, Mr. Frost, if you would begin.
STATEMENT OF KEVIN R. FROST, DIRECTOR, OFFICE OF
INDIAN ENERGY POLICY AND PROGRAMS, U.S. DEPARTMENT OF ENERGY
Mr. Frost. Thank you, Senator.
Good afternoon, Chairman Hoeven, Ranking Member Udall, and
members of the Committee. My name is Kevin R. Frost, and it is
an honor and a privilege to serve at the Department of Energy
as the Director of the Office of Indian Energy Policy and
Programs. DOE is charged with, among other responsibilities,
providing Indian Country with assistance for energy development
activities.
Before I talk about the Office of Indian Energy, I would
like to introduce myself to the members of the Committee. I am
an enrolled member of the Southern Ute Tribe out of Colorado.
Prior to becoming first the Deputy Director and then the
Director, I served as a councilperson for my tribe.
As some of you may know, the Southern Ute Tribe has been at
the forefront of natural resource development both on and off
the Southern Ute reservation. I have also lived without running
water and electricity and lived a subsistence lifestyle.
Growing up, I also busted coal, chopped wood, and hauled water.
This experience taught me to maximize limited resources.
Although this isn't unique to Indian Country, I can say that I
know the struggle. I understand how transformational it is to
be able to have the luxury and privilege to flip a light
switch, as well as setting a thermostat for warmth, in addition
to having the financial ability to go down to the local grocery
store or trading post to purchase food.
These lessons serve me well in the capacity as the
Director. In my time as Director, a little over one year, the
office has been solidifying its existing relationships across
the Federal family to help tribes achieve their energy
development goals.
The Office of Indian Energy has also been collaborating
with several DOE offices as well. I have listened and learned
from the offices' constituency about how the office's work
benefits tribal communities. For a small office, much is
accomplished on a daily, monthly and annual basis.
I would like to acknowledge the entire Indian Energy team,
both Federal employees and contractors, for their tireless
efforts and dedication to the office's mission. The mission of
the Office of Indian Energy, or OIE, is to maximize the
development and deployment of strategic energy solutions that
benefit tribal communities by providing American Indians and
Alaska Natives with the knowledge, skills, and resources needed
to implement successful energy solutions.
The OIE uses a three-pronged approach to help its
constituents harness their vast undeveloped resources through
financial assistance, technical assistance, and education and
capacity building. Financial assistance is in the form of
competitive grants to accelerate the deployment of energy
infrastructure on tribal lands. In addition, the OIE provides
technical assistance to further recognize Indian tribes,
including Alaska native villages, tribal energy development
organizations, and other organized tribal groups, at no cost.
Finally, education and capacity building is accomplished by
supporting tribal efforts to build internal capacity to
navigate energy projects.
At this time, I would like to speak briefly about S. 2610.
The department does not have a position on S. 2610, but I would
like to highlight a few areas, if I may.
Cost sharing is a foundational element of responsible
expenditure of taxpayer funds, and the department has concerns
about completely removing the requirement. It is true that the
requirement of 50 percent cost share for demonstration and
commercial application activity has sometimes placed an
unaffordable burden on many economically disadvantaged tribes.
However, we do not believe that the wholesale elimination of
the cost sharing requirement is the best tool to address such a
situation.
Any reduction in cost sharing may significantly impact the
OIE's ability to assist as many American Indian and Alaska
Native communities as possible, as more generous Federal cost
share for some projects would limit the total number of
projects could fund. However, tribal cost share translates into
increased OIE funding per grant, fewer tribal grants and
therefore, fewer tribes benefitting from the same level of
funding.
When it comes to technical assistance and as a best
practice, the OIE currently strives to use local partnerships
for technical assistance. For example, the OIE has an existing
interagency agreement with the Denali Commission to deliver
technical assistance in Alaska. This benefits the OIE's Alaska
constituency by harnessing local knowledge and expertise, which
also includes cultural knowledge and protocols to address a
specific challenge or help move a project forward.
In terms of having a Federal government grant an
opportunities liaison for Indian Tribes and Alaska Natives, the
entirety of the OIE staff is tasked with this liaison function,
including the dissemination of tribal energy-related funding
opportunities to the extent practicable. Furthermore,
information on tribal energy-related funding opportunities,
regardless of source, and across all Federal agencies,
continues to be posted on the OIE website and disseminated by
email to over 28,000 subscribers.
With respect to the OIE's tribal energy mission, the
function is currently deemed fulfilled with existing staff.
Many Arctic issues, which include national interests in safety,
security, and international affairs, are beyond the scope of
Indian Energy's limited resources. As such, any strategy would
need to be developed in coordination and with input from Alaska
Native constituents, and would require more than 180 days to
achieve.
Given these considerations, it may be more appropriate for
a comprehensive Indian Energy in the Arctic Strategy to be
developed by the Secretary's office, in coordination with the
State of Alaska, and the Secretary of the Interior, and only
after extensive engagement with and input from Alaska Native
villages, Alaska Native Regional Corporations and village
corporations. The Office of Indian Energy will, to the best of
our abilities and within our limited resources, support any
Arctic efforts the Secretary and the Department undertake.
Thank you again for the opportunity to testify today on
behalf of DOE. The Department appreciates the ongoing
bipartisan support for its successful efforts to address Indian
Country's energy development challenges in the past, and looks
forward to working with the Committee on the legislation on
today's agenda and any future legislation.
The Office talks about partnerships, and I would like the
Committee to know that it is not only the partnerships with
Indian Country that make a difference, but also partnerships
with committees such as this one, to help move Indian Country
forward, and provide help and inspiration for the 574
federally-recognized tribes.
I welcome your questions.
[The prepared statement of Mr. Frost follows:]
Prepared Statement of Kevin R. Frost, Director, Office of Indian Energy
Policy and Programs, U.S. Department of Energy
Good afternoon, Chairman Hoeven, Ranking Member Udall and Members
of the Committee. My name is Kevin R. Frost, and it is an honor and a
privilege to serve at the Department of Energy (DOE or the Department),
as the Director of the Office of Indian Energy Policy and Programs. DOE
is charged with, among other important responsibilities, providing
Indian Country with assistance for energy development activities.
Within this charge, the work being conducted by the Office of Indian
Energy is setting the course for various advancements in tribal energy
development. Issues such as energy storage, improving energy
efficiency, and capacity building, create breakthroughs for how Indian
Country is utilizing resources to address energy development goals.
Thank you for the opportunity to testify today on behalf of the
Department regarding S. 2610, the Tribal Energy Reauthorization Act. I
will highlight the work undertaken in delivering a mission that is
providing access to electricity and energy development on tribal lands.
The Office of Indian Energy's Mission
The mission of the Office of Indian Energy is to maximize the
development and deployment of strategic energy solutions that benefit
tribal communities by providing American Indians and Alaska Natives
with the knowledge, skills, and resources needed to implement
successful strategic energy solutions. With 574 Federally recognized
tribes, over 200 Alaska Native Village Corporations, and 13 Alaska
Regional Corporations, the Office of Indian Energy uses a three-pronged
approach to help its constituents harness their vast and undeveloped
resources through: (1) financial assistance; (2), technical assistance
; and (3) education and capacity building.
Financial assistance is in the form of competitive grants to
accelerate the deployment of energy infrastructure on tribal lands. To
assist with deployment, and contingent upon Congressional
Appropriations, the Office of Indian Energy provides what has been to
date an annual Funding Opportunity Announcement (FOA). The annual FOA
is consistent with the principles of tribal sovereignty and self-
determination, with an all-of-the-above energy strategy that recognizes
the breadth of energy resources on Tribal Lands, and each tribe's right
to use them as they see fit. Projects sought under the FOA are fuel and
technology neutral and intended to promote energy independence and
economic development. Creating local employment is an ancillary benefit
of annual FOAs through the installation and use of commercially
available energy technologies that are best suited to meet the needs of
the individual Tribes or Alaska Native organizations. From 2010-2019,
DOE has invested nearly $85 million in order to support more than 180
tribal energy projects valued at over $180 million, including tribal
cost-share.
In addition, the Office of Indian Energy provides technical
assistance to federally recognized Indian tribes, including Alaska
Native Villages, tribal energy development organizations, and other
organized tribal groups at no cost. The goal of technical assistance is
to address a specific challenge or fulfill a need that is essential to
a current project's successful implementation. The intended result is a
tangible product or specific deliverable designed to help move a
project forward. Technical assistance is provided through technical
analysis, financial analysis, and strategic energy planning.
Education and capacity building is accomplished by supporting
tribal efforts to build internal capacity to navigate tribal energy
projects by providing regional workshops, webinars, Tribal leader
forums, Science, Technology, Engineering, and Mathematics (STEM)
education, an online energy resource library and an annual Program
Review in which recipients of grants are able to participate and share
valuable lessons learned.
S. 2610 Tribal Energy Reauthorization Act
The Department does not have a position on S.2610 at this time.
Cost Sharing
Section 2(b)(2)(D) of this bill amends Section 2602(b) of the
Energy Policy Act of 1992 (25 U.S.C. 3502(b)) by removing the cost
sharing requirements under Section 988 of the Energy Policy Act of 2005
(42 U.S.C. 16352). Cost-sharing is a foundational element of
responsible expenditure of taxpayer funds and the Department would has
significant concerns about completely removing the requirement. It is
true that the requirement under Section 988 for 50 percent cost share
for demonstration and commercial application activity has sometimes
placed an unaffordable burden on many economically disadvantaged Indian
tribes, however, we do not believe that a wholesale elimination of the
cost-sharing requirement is the best tool to address such a situation.
The Secretary already has the authority to reduce cost share when
``necessary and appropriate, taking into consideration any
technological risk relating to the activity''. If the Committee wishes
to expand the Secretary's authority to reduce cost share for
economically disadvantaged tribes, then a narrower amendment to the
Secretary's exemption authority would be more appropriate.
Section 2(b)(2)(D) of this bill would, also require that the
Director ``take into consideration the fiscal ability of the Indian
tribe, intertribal organization, or tribal energy development
organization to meet a cost share requirement'' and, ``if appropriate,
offer flexibility in the grant application process with respect to the
amount of cost-sharing to be required.'' Specifically, the bill
requires that fiscal ability be taken into consideration ``in
determining any cost share requirements of an Indian tribe, intertribal
organization, or tribal energy development organization''. As written,
therefore, a case-by-case fiscal need determination would appear to be
necessary for each Indian tribe, intertribal organization, or tribal
energy development organization. This case-by-case analysis is
extremely resource intensive as was demonstrated by the Office of
Indian Energy's previous experience in applying such a methodology. In
addition, this previous experience demonstrated that the evaluation of
financial indices was not necessarily an indicator of fiscal need.
Therefore, we respectfully request that the Director be given the
discretion to establish a methodology that meets the intent of the
bill, without the requirement for an individual case-by-case analysis
for each grant applicant.
Any reduction in cost share may significantly impact the Office of
Indian Energy's ability to assist as many American Indian and Alaska
Natives communities as possible, as more generous Federal cost-share
for some projects would limit the number of total projects the office
could fund. Lower tribal cost-share translates into increased DOE
funding per grant, fewer tribal energy projects, and therefore fewer
tribes benefiting from the same level of funding.
Local Partnerships for Technical Assistance
Section 2(d) of this bill, which amends Section 217 of the
Department of Energy Organization Act (42 U.S.C. 7144e), requires the
Director, to the maximum extent practicable to, ``give priority to
partnering with State and local organizations that do not have
comparable local experience, relationships, knowledge; and with respect
to technical assistance provided to Indian tribes and Native Villages,
partner with local and regional organizations.''
As a best practice, the Office of Indian Energy currently strives
to use local partnerships for technical assistance. The Office of
Indian Energy has an existing Interagency Agreement with the Denali
Commission to deliver technical assistance in Alaska. This benefits the
Office of Indian Energy's Alaska constituency by harnessing local
knowledge and expertise, which also includes cultural knowledge and
protocols to address a specific challenge or help move a project
forward. Technical assistance funding is spent locally and helps
provide in-state economic benefits. Currently, the Office of Indian
Energy is actively seeking technical assistance partnerships in the
lower 48 as well.
Federal Government Grants and Opportunities Liaison for Indian Tribes
and Alaska Natives
Section 2(d) of this bill, which amends Section 217 of the
Department of Energy Organization Act (42 U.S.C. 7144e), requires the
Director, ``[t]o the maximum extent practicable,'' to ``designate
appropriate staff to serve as liaison to Indian tribes and Native
villages to ensure that Indian tribes and Native villages are aware of
relevant grants and funding opportunities across all Federal
agencies.''
We respectfully submit that this provision is not necessary.
Currently, the Office of Indian Energy's Alaska Program Manager is
specifically tasked with this function for Alaska. A comparable
position is currently in the process of being filled for the contiguous
48 United States, in the interim, the entirety of Office of Indian
Energy's staff is tasked with this liaison function, including the
dissemination of tribal energy related funding opportunities to the
extent practicable. Furthermore, information on tribal energy-related
funding opportunities, regardless of source and across all Federal
agencies, continues to be posted on the Office of Indian Energy website
and disseminated via email to over 28,000 subscribers. With respect to
the Office of Indian Energy's tribal energy mission, this function is
currently being fulfilled with existing staff.
Indian Energy in the Arctic Strategy
Section 2(d) of this bill, which amends Section 217 of the
Department of Energy Organization Act (42 U.S.C. 7144e), requires the
Director to ``develop, and submit to Congress a report describing, a
strategy, to be known as the `Indian Energy in the Arctic Strategy''
within 180 days within enactment of this bill.
Many Arctic issues, which include national interests in safety,
security, and international affairs, are beyond the scope of Indian
Energy's limited resources. The Office of Indian Energy's relationship
with Indian tribes, Alaska Native Villages, and Regional and Village
corporations is in line with self-determination and tribal sovereignty
and allows these entities the ability to utilize their resources as
they see fit; any assistance is provided only upon request and with the
consent of the Indian tribes. As such, any strategy would need to be
developed in coordination and input from Alaska Native constituents,
and would require more than 180 days to achieve. Given these
considerations, it may be more appropriate for a comprehensive Indian
Energy in the Arctic Strategy to be developed by the Secretary's
Office, in coordination with the State of Alaska, and the Secretary of
the Interior, and only after extensive engagement with and input from
Alaska Native villages, Alaska Native Regional Corporations and village
corporations. The Office of Indian Energy, will, to the best of our
abilities and within our limited resources, support any Arctic efforts
the Secretary and the Department undertake.
Conclusion
Thank you again for the opportunity to testify today on behalf of
DOE. The Department appreciates the ongoing bipartisan support for its
successful efforts to address Indian Country's energy development
challenges in the past, and looks forward to working with the Committee
to address these challenges now, and in the future.
I welcome your questions at this time.
The Chairman. Thank you, Mr. Frost.
Now we will turn to Mr. Guertin.
STATEMENT OF STEPHEN GUERTIN, DEPUTY DIRECTOR FOR PROGRAM
MANAGEMENT AND POLICY, U.S. FISH AND
WILDLIFE SERVICE
Mr. Guertin. Good afternoon, Chairman Hoeven, Vice Chairman
Udall, and members of the Committee. I am Steve Guertin, Deputy
Director for the U.S. Fish and Wildlife Service. I appreciate
the opportunity to testify on S. 2891, the Tribal Wildlife
Corridors Act of 2019.
Our mission is working with others to conserve, protect,
and enhance fish, wildlife, and plants and their habitats for
the continuing benefit of the American people. It is a priority
of the Service and of this Administration to increase access to
outdoor recreational opportunities, reduce regulatory burdens,
recover imperiled species, and ensure tribal sovereignty is
respected.
Habitat loss and fragmentation are widely recognized as
among the most significant threats to biodiversity. The
viability of many wildlife populations is dependent on their
ability to move. This includes daily movements for resources,
migrations between seasonal ranges, long-range gene dispersal,
and range shifts over time in response to changing conditions.
Migration patterns for some species can cover hundreds of
miles and cross Federal, State, tribal, as well as private
lands. Tribes are essential partners, and the Service
recognizes how important tribes are to the conservation of our
Nation's wildlife and natural habitats.
S. 2891 would allow federally recognized tribes to nominate
a habitat corridor for fish, wildlife, or plants on Indian
lands for destination as a tribal wildlife corridor. That
designation would be determined by the Service acting as the
agent for Secretary of the Interior in consultation with the
Bureau of Indian Affairs. Such a designation would further
enable tribes to consult with the department and coordinate
with the U.S. Forest Service to improve habitat connectivity
between tribal and public lands.
The bill also authorizes USDA, the Department of
Agriculture, to prioritize the expansion a tribal wildlife
corridor onto private lands under certain voluntary Farm Bill
conservation programs, and the legislation requires the Service
to provide technical assistance to tribes and to establish a
new grant program to support tribal wildlife corridors.
The Department of the Interior supports the intent of S.
2891 to improve coordination between tribes and Federal
agencies. Conserving wildlife corridors using a voluntary and
non-regulatory approach is a priority for the Administration,
as reflected in Secretarial Order 3362. The Secretarial Order
was issued in 2018 to improve habitat quality in western big
game winter ranges and migration corridors for pronghorn, elk,
and mule deer.
While tribes are specifically not mentioned in the
Secretarial Order, the department certainly supports projects
and is providing technical assistance to several tribes. For
example, the U.S. Geological Survey in Interior is leading a
corridor mapping team that is working with the Southern Ute
Indian Tribe and Jicarilla Apache Nation to map GPS collar data
collected by the tribes from deer and elk in southern Colorado
and northern New Mexico.
Additionally, through a partnership among the department,
industry, the National Fish and Wildlife Foundation and others,
tribes are eligible to apply for funding for projects, or for
projects to be conducted on their land. In the first grant
cycle, the foundation funded a project for the San Juan Basin
of Colorado. That project facilitates the safe movement of deer
and elk via two newly constructed overpass and underpass
structures, so they can access summer and winter ranges on
lands of the Southern Ute Tribe as well as Federal, State and
private land.
The Service also administers our Tribal Wildlife Grants
Program, which provides competitive grant awards to tribes for
projects that benefit fish, wildlife, and habitats of cultural
or traditional importance. Many of the projects we support
address fish and wildlife corridors and habitat connectivity.
For example, we recently awarded a grant to the Penobscot
Indian Nation in Maine to protect and restore endangered
Atlantic salmon within the Penobscot River watershed. The
project involved population and habitat surveys, planting of
eggs and stocking of adult fish, and removal of barriers to
fish passage on tribal lands.
We appreciate the Committee's support of wildlife
conservation on tribal lands and wildlife resources. The
Administration is providing technical and financial support for
the conservation of fish and wildlife habitat, including
corridors on tribal lands.
To reiterate, we support the intent of S. 2891, and welcome
the opportunity to work with the Committee to ensure any
corridor legislation complements and does not deter from the
ongoing and existing work of the Administration and our
partners.
Thank you for the opportunity to testify. I look forward to
answering any questions you might have.
[The prepared statement of Mr. Guertin follows:]
Prepared Statement of Stephen Guertin, Deputy Director for Program
Management and Policy, U.S. Fish and Wildlife Service
Introduction
Good afternoon Chairman Hoeven, Vice Chairman Udall, and Members of
the Committee. I am Stephen Guertin, Deputy Director for Policy for the
U.S. Fish and Wildlife Service (Service) within the Department of the
Interior (Department). I appreciate the opportunity to present the
Department's views on S. 2891, the Tribal Wildlife Corridors Act of
2019.
The Service's mission is ``working with others to conserve, protect
and enhance fish, wildlife, and plants and their habitats for the
continuing benefit of the American people.'' The Service is the only
agency in the Federal government whose primary responsibility is the
conservation of fish and wildlife resources for the American public.
The Service's work helps ensure a healthy environment, and provides
affordable, accessible, and premier opportunities for Americans to
enjoy outdoor recreation and our shared natural heritage. It is a
priority of the Service and of this Administration to increase access
to outdoor recreational opportunities, reduce regulatory burdens,
recover imperiled species, and ensure that Tribal sovereignty is
respected.
The Service is responsible for the conservation of wildlife
resources, including endangered and threatened species, migratory
birds, certain marine mammals, and certain native and
interjurisdictional fish. The Service works closely with States,
Tribes, other Federal agencies and private landowners through a variety
of authorities to conserve fish, wildlife and plants and is committed
to implementing proactive conservation measures in coordination with
partners and stakeholders.
Habitat loss and fragmentation are widely recognized as among the
most significant threats to biodiversity. The viability of many
wildlife populations is dependent on the ability to move, including
daily movements for resources, migrations between seasonal ranges,
long-range gene dispersal, and range shifts over time in response to
changing conditions. Migration patterns for some species can cover
hundreds of miles and cross Federal, State, Tribal, and private lands.
Tribal lands span 56 million acres in the continental United States,
representing a significant land base. Tribes are important conservation
partners, and the Service recognizes the valuable role they play in
efforts to conserve our nation's wildlife and the habitat upon which
they depend.
We appreciate the Committee's interest in wildlife conservation. We
offer the following comments on S. 2891 and look forward to discussing
these views with the Committee.
S. 2891, Tribal Wildlife Corridors Act of 2019
S. 2891 would allow federally recognized Tribes to nominate a
habitat corridor for fish, wildlife, or plants on Indian land to be
designated by the Service, in consultation with the Bureau of Indian
Affairs, as a ``Tribal Wildlife Corridor.'' In S. 2891, this
designation would further enable Tribes to consult with the Department
and coordinate with the U.S. Forest Service to improve habitat
connectivity between the Tribal Wildlife Corridor and public lands. S.
2891 authorizes the U.S. Department of Agriculture to prioritize
expansion of a Tribal Wildlife Corridor onto private lands under
certain Farm Bill conservation programs. The legislation also requires
the Service to provide technical assistance to Tribes and to establish
a grant program to support Tribal Wildlife Corridors.
The Department supports the intent of S. 2891 to improve
coordination between Tribes and federal agencies in efforts to conserve
wildlife. Conserving wildlife corridors using a voluntary and non-
regulatory approach is a priority for this Administration. For example,
in 2018, the Secretary of the Interior issued Secretarial Order 3362
(S.O. 3362) to improve habitat quality in western big game winter range
and migration corridors for pronghorn, elk, and mule deer.
While Tribes are not specifically mentioned in S.O. 3362, the
Department is supporting projects and providing technical assistance to
several Tribes. For example, the U.S. Geological Survey (USGS) is
leading a Corridor Mapping Team that is working with the Southern Ute
Indian Tribe and Jicarilla Apache Nation to map GPS collar data
collected by the Tribes from deer and elk in southern Colorado and
northern New Mexico. USGS is also conducting a GPS collar tracking
study on deer and elk migrations across the Wind River Reservation. The
project is a collaboration with the Eastern Shoshone and Northern
Arapaho Tribal Game and Fish Department, the Service, and The Nature
Conservancy. Additionally, through a partnership among the Department,
industry, the National Fish and Wildlife Foundation (NFWF), and others,
Tribes are eligible to apply for funding for projects, or for projects
to be conducted on their land in support of S.O. 3362. In the first
grant cycle, NFWF funded a project in the San Juan Basin of Colorado to
facilitate safe movement of deer and elk to access summer and winter
range habitat on the Southern Ute Indian, Federal, State, and private
lands via two newly constructed overpass and underpass structures.
The Service's Native American Program (Program) works to enhance
Government-to-Government relations with federally recognized Indian
Tribal governments by coordinating the consultation process between the
Service and Tribes, ensuring that Native American interests are
considered in project planning and implementation, and that national
plans and actions implement the Service's Native American Policy. The
Program supports training for Service employees to address Tribal trust
responsibilities, and coordinates and supports workshop and training
opportunities for Tribal members on the preparation of grant
applications and other topics. The Program also administers the Tribal
Wildlife Grants (TWG) Program, which provides competitive grant awards
to Tribes for projects that benefit fish, wildlife, and habitat of
cultural or traditional importance. Since its inception in 2003, the
TWG Program has awarded more than $94 million to Federally recognized
Native American Tribes, supporting more than 456 conservation projects,
many of which address fish and wildlife corridors and habitat
connectivity.
For example, the Service awarded a grant to the Penobscot Nation in
Maine to protect and restore its historic sustenance fisheries,
including endangered Atlantic salmon, within the Penobscot River
watershed. The project involved population and habitat surveys,
planting of eggs and stocking of adult fish, and removal of barriers to
fish passage on Tribal lands, among other activities. These are just a
sample of the many grants the Service has awarded to Tribes across the
country through the Tribal Wildlife Grants Program to address fish and
wildlife corridors and habitat connectivity.
Conclusion
The Service appreciates the Committee's interest in and support of
wildlife conservation on Tribal lands. Habitat loss and fragmentation
are among the most important threats to biodiversity, and the viability
of many wildlife populations is dependent on the ability to migrate.
Tribes are important conservation partners, and the Service recognizes
the valuable role they play in efforts to conserve our nation's fish
and wildlife and the habitat upon which they depend. The Administration
is providing technical and financial support for the conservation of
fish and wildlife and habitat, including corridors on Tribal lands. We
support the intent of S. 2891 and welcome the opportunity to work with
the Committee to ensure any corridor legislation complements, and does
not deter, the existing work of the Administration as we continue to
work with States, Tribes, and other partners to improve the habitat
conditions in migration corridors.
Thank you for the opportunity to testify on S. 2891, the Tribal
Wildlife Corridors Act of 2019.
The Chairman. Thank you, Mr. Guertin.
Now, Governor Montoya.
STATEMENT OF HON. LAWRENCE MONTOYA, GOVERNOR, PUEBLO OF SANTA
ANA
Mr. Montoya. Good afternoon, Chairman Hoeven, Ranking
Member Udall, and members of the Committee. On behalf of myself
and the Santa Ana government, thank you for giving us this
opportunity to testify on S. 2891.
Thank you for the opportunity to testify regarding the
Tribal Wildlife Corridors Act of 2019. My name is Lawrence
Montoya. I serve as the Governor of the Pueblo of Santa Ana, a
community of approximately 950, located about 10 miles north of
Albuquerque, New Mexico.
On behalf of the Pueblo, I would like to share our strong
support for S. 2891. This bill would provide critically needed
authorities to establish and support wildlife corridors on
tribal lands and enhance coordination with Federal land use
plans.
Since time immemorial, our people, the Tamayame, or the
Pueblo of Santa Ana, have lived along the banks of the Rio
Grande and the Rio Jemez. We have endured through the centuries
by maintaining our traditional, cultural, and spiritual ways,
which we still adapt to today.
We are strongly influenced by our connection to the natural
world and the wildlife resources it provides. The potential
elimination of traditionally important wildlife on the land
would directly threaten our ability to engage in important
religious ceremonies that ensure the persistence of our
cultural identity now and deep into the future.
Wildlife habitat connectivity is essential to the
conservation of wildlife species such as, and I will use my
language first, [phrase in Native tongue], deer, [phrase in
Native tongue], elk, [phrase in Native tongue], turkey, [phrase
in Native tongue], pronghorn. The fragmentation of this land,
such as by roads, threatens this connectivity. For example,
Interstate 25 and U.S. 550 are two major roadways that bisect
the southern half of our lands. These roads are heavily
traveled, create a barrier for animal migration and pose
dangerous and often fatal wildlife crossings for animals that
do not navigate them as well as putting human lives at risk.
Wildlife corridors are the solution to these problems.
Santa Ana has moved forward with substantial investment in the
wildlife corridor that passes through our lands. Specifically,
we have restored habitat, constructed water drinkers to assure
adequate water for wildlife, tagged certain animals with radio
collars to track their movements, and installed news cameras at
key locations.
We now enjoy an abundance of [phrase in Native tongue],
elk, [phrase in Native tongue], mule deer, and have seen the
return of natural predators, such as [phrase in Native tongue]
mountain lions. In addition, we have reintroduced a population
of wild turkeys as well as antelope.
Finally, we have acquired additional lands to extend the
wildlife corridor and put in place a wildlife code, which,
among other things, established hunting seasons for our people.
Although S. 2891 only applies to tribal lands, we do hope
to connect our corridor in a continuous fashion to corridors on
Federal lands, such as the BLM adjacent to our reservation,
commonly referred to as Buffalo Tract. In our term, that is
[phrase in Native tongue].
We would like to note for the record that S. 2891 does not
restrict private activity or limit private landholders, also,
our reservation boundaries. In order for the Pueblo of Santa
Ana to ensure preservation of our cultural identity for current
and future generations, we must find ways to ensure
preservation of our cultural identity for current and future
generations. We must find ways to maintain wildlife
connectivity to our land both by protecting critical wildlife
corridors inside and outside of our boundaries, and by finding
ways to ensure safe passage for wildlife through existing and
future urban encroachment.
S. 2891 would represent a significant step in furthering
this goal.
Thank you for your time.
[The prepared statement of Mr. Montoya follows:]
Prepared Statement of Hon. Lawrence Montoya, Governor, Pueblo of Santa
Ana
Introduction
Good afternoon Chairman Hoeven, Ranking Member Udall, and Members
of the Committee. Thank you for the opportunity to submit testimony for
the record regarding the ``Tribal Wildlife Corridors Act of 2019''
(Act) My name is Lawrence Montoya and I serve as the Governor of the
Pueblo of Santa Ana (Pueblo or Tamaya), a community of approximately
900 enrolled tribal members, which is located about 10 miles north of
Albuquerque, New Mexico.
On behalf of the Pueblo, I would like to share our strong support
for S. 2891. This bill would provide critically needed authorities to
establish and support wildlife corridors on tribal lands and enhance
coordination with Federal land use plans. Wildlife habitat connectivity
is essential to the conservation of wildlife species such as deer, elk,
wild turkey, and pronghorn antelope. Yet, ever increasingly, we are
seeing the fragmentation of New Mexican land due to unsustainable
development practices, including roadways. For example, Interstate 25
and US 550 are two major roadways that bisect the southern half of our
lands. These roads receive heavy daily vehicular traffic loads, create
a barrier for pronghorn emigration, and pose dangerous, and often
fatal, wildlife crossings for animals that do navigate them, as well as
putting human lives at risk. Wildlife corridors are a way to address
the fragmentation caused by roads and related development which further
fragments the landscape and degrades the quality of wildlife habitat.
As I describe below, the Santa Ana Pueblo has invested much time
and effort already in the protection of wildlife and the maintenance of
a wildlife corridor between the Jemez and Sandia mountains which passes
through our lands. Although, S. 2891 only applies to tribal lands, we
do hope to connect our corridor in a continuous fashion to corridors on
federal lands, such as the BLM land adjacent to our reservation,
commonly referred to as the ``Buffalo Tract.'' We would like to note
for the record that S. 2891 does not restrict private activity or limit
private landholders outside our reservation boundaries.
Tamaya's Existence is Intrinsically Connected to Our Land, Wildlife,
and Natural Resources
Since time immemorial, the Tamayame, or the people of the Pueblo of
Santa Ana, have lived along the banks of the Rio Grande and Rio Jemez.
We have endured through the centuries by maintaining our traditional,
cultural, and spiritual ways that are strongly influenced by our
connection to the natural world and the wildlife resources it provides.
The importance of these resources to the Tamayame cannot be
understated; the potential elimination of traditionally-important
wildlife on our land would directly threaten our ability to engage in
important religious ceremonies that ensure the persistence of our
cultural identity, now, and deep into the future.
Historically, we maintained our culture by gathering important
plant and wildlife resources from a large ancestral homeland that
extended across approximately 1.8 million acres. However, since
European establishment in New Mexico in the sixteenth century, the
Tamayame homeland has been drastically reduced.
Today, we persist on a relatively small land base, but we maintain
approximately 98 percent of our lands as undeveloped to try and help
provide enough open space for wildlife and plants to thrive. However,
for traditionally- important species such as mule deer, pronghorn, elk,
black bear, and mountain lion-which require large home ranges to meet
their annual requirements-our land base remains too small.
Santa Ana's Investment in a Wildlife Corridor
Santa Ana has already moved forward with substantial investments
with regard to the wildlife corridor that passes through our lands.
Specifically, we have restored habitat, constructed water drinkers to
assure adequate water for wildlife, tagged certain animals with radio
collars to track their movements and installed and used cameras at key
locations. We now enjoy an abundance of elk and mule deer and have seen
the return of natural predators, such as mountain lions. In addition,
we have reintroduced a population of wild turkeys, as well as antelope.
Finally, we have acquired additional lands to extend the wildlife
corridor and have put in place a wildlife code, which among other
things, establishes hunting seasons for our people.
As an attachment to this testimony, I have provided a short
description of Santa Ana's wildlife corridor efforts, especially with
regard to our desire to see the Buffalo Tract, currently managed by the
U.S. Bureau of Land Management (BLM), also protected as a wildlife
corridor. Currently, the BLM parcel is threatened by potential
development that would ultimately destroy the corridor itself and
negatively impact wildlife movement throughout this part of New Mexico.
Protecting these two parcels together in an integrated manner--as could
be facilitated under S. 2891--would assure the preserved vitality of
this corridor and protect the vital link between the mountain ranges.
Conclusion--The Pueblo of Santa Ana Strongly Supports S. 2891 and Its
Furtherance of Wildlife and Seascape Connectivity on Tribal
Lands
In order for the Pueblo of Santa Ana to ensure the preservation of
our cultural identity for current and future generations, we must find
ways today to maintain wildlife connectivity to our land by both
protecting critical wildlife corridors inside and outside our
boundaries and by finding ways to ensure safe passage for wildlife
through existing and future urban encroachment along our boundaries. S.
2891 would represent a significant step in furthering this goal.
Therefore, on behalf of the Pueblo of Santa Ana, I am here to say
that were are encouraged by the benefits the Tribal Wildlife Corridors
Act of 2019 could have on our culture, and I would like to share the
Pueblo's strong support of the bill. Thank you.
Attachment
THE SANTA ANA PUEBLO WILDLIFE CORRIDOR PROPOSAL
Since time immemorial, the people of the Santa Ana Pueblo have
lived along the banks of the Rio Grande and Rio Jemez. In accordance
with our traditions and beliefs, we seek to preserve and protect an
existing wildlife corridor connecting the Jemez and Sandia mountains.
This corridor passes through 14 miles of our land, and another 1.5
miles of land currently managed by the U.S. Bureau of Land Management
(BLM ``Parcel A'')--land which we seek to acquire. Adding BLM Parcel A
to Santa Ana's conservation lands would assure a near-continuous link
between the federal lands in and around the Sandia Mountains and the
federal and Indian lands surrounding the Jemez Mountains. However, the
BLM parcel is now threatened by potential future development, which
would ultimately destroy the corridor itself and negatively impact
wildlife movement throughout this part of New Mexico.
The people of Santa Ana Pueblo (``Tamaya'') place a high value on
the conservation and responsible stewardship of the Santa Ana Indian
Reservation's environment and natural resources. In 1996, the Tribal
Government created the Santa Ana Department of Natural Resources
(SADNR), whose mission is to develop and implement natural resource
management programs which protect, preserve and enhance the natural
living environment for current tribal members and future generations.
The SADNR also works to develop programs which assess the condition of
air, water, and land resources and to develop and maintain technical
expertise within the tribe for managing environmental and natural
resources. In 2005, the Pueblo adopted a comprehensive Wildlife Code,
and the Pueblo has also initiated a variety of habitat improvement
projects to address habitat loss or modification resulting from
environmental threats. These efforts have achieved successful,
quantifiable results on our reservation lands. For more information,
visit www.santaanadnr.org.
Despite Santa Ana's conservation achievements, efforts within the
boundaries of our relatively small reservation will not be enough to
ensure the long-term persistence of wildlife species such as deer, elk,
wild turkey, and pronghorn antelope that are wide-ranging and require
large expanses of wildlands to forage, migrate, and breed. Wildlife
habitat connectivity is essential to the conservation of these species,
but is in danger of being lost forever on ancestral lands that have
passed from the Santa Ana Pueblo's control over the centuries and are
now being transformed from open space to urban development. Therefore,
the Pueblo is committed to reacquiring and protecting a small piece of
BLM land that represents a critical piece of the puzzle--BLM Parcel A--
that will help contribute to the Pueblo's wildlife population
objectives while at the same time preserving land that will benefit not
only the wildlife that depend on it, but all New Mexicans as well.
We want to hear from you! Please direct your questions or letters
of support to: Attn: Governor, Pueblo of Santa Ana, 2 Dove Road, Santa
Ana Pueblo, NM 87004, or send by email to wildlifecorridor@santaana-
nsn.gov.
The Pueblo's proposal includes the following measures and
activities on BLM Parcel A:
Vegetation and Watershed Assessment
Rehabilitation of mined lands
Restrictions on future development and mining
Release from livestock grazing
No vehicles permitted except on existing easements
Closure and rehabilitation of non-essential roads
Additional public safety measures
Wildlife water development
The Pueblo is opposed to the following activities on BLM Parcel A:
Urban development
Any new roads
Sand/Gravel/Precious Metal Mining
Livestock Grazing
Over-grazing of feral horses that results in the total destruction
of the natural habitat. The Pueblo advocates the humane relocation of
the horses to a protected area as the environmentally responsible
course of action.
The Chairman. Thank you, Governor Montoya.
Now, Councilman Auginaush.
STATEMENT OF HON. RAYMOND AUGINAUSH, SR., COUNCIL MEMBER, WHITE
EARTH NATION
Mr. Auginaush. Good afternoon. Thank you, Chairman Hoeven,
Vice Chairman Udall, and all the distinguished members of the
Indian Affairs Committee.
My name is Raymond Auginaush, District I Representative of
the White Earth Nation. It is an honor and a privilege to stand
before you today with testimony on the need for increased
Federal resources to support tribal energy projects.
I want to thank Senator Smith for submitting our request to
testify. She has been a true friend to our Native people in
Minnesota and throughout this Nation.
I have made the trip to Washington, D.C. to speak strongly
in favor of S. 2610, the Tribal Energy Reauthorization Act.
This legislation is critical to the future of all Native
people. We believe energy issues will be the basis for future
economic development on tribal lands. This legislation will
continue the excellent programs of the past and expand this
critical area for Native people in the future.
I, and all members of the White Earth Reservation Business
Committee appreciate today's scheduled hearing on this
important matter for all Native people. Much like other
Minnesota Chippewa Tribe members, White Earth Reservation
residents have suffered from the effects of energy poverty
which results from extremely high energy costs in relation to
minimal household income levels and poor energy efficiency. The
factors contributing to this include poorly insulated homes,
expensive fuel oil, propane and electric bills, frequent power
disconnects, and high shutoff and reconnection fees.
For the past 16 years, White Earth has worked with the
Department of Energy to combat the reservation's energy crisis
as we recognized economic opportunity comes from sustainably
addressing this situation. The DOE has been supportive of our
strategic energy planning, including conducting feasibility
studies and renewable energy deployment for solar, biomass and
wind projects. Specific DOE projects include wind energy
deployment, solar energy deployment, a biomass feasibility
study for our tribal casino, and Tribal Energy Program First
Steps funding to develop a comprehensive strategic energy plan.
Without DOE assistance, our limited resources would not
have allowed the progress White Earth has achieved to this
date. Energy is an emerging economic opportunity for White
Earth and its people.
Presently, the two largest employers on the reservation are
the tribal casinos and the tribal government offices. When
renewable energy is deployed, a vast number of new career
opportunities are created in many different segments, including
engineering, management, administration, accounting and
customer service, thus increasing economic diversity for the
people of White Earth.
In August 2019, the White Earth Reservation Business
Committee passed a resolution launching the Renewable Energy
Independence Initiative directed at taking control of the
energy economy within the reservation boundaries, as well as
seeking potential renewable energy investment opportunities
that advance investment priorities.
The White Earth RBC is resolved to develop a comprehensive,
clean energy independence master plan and to set forth a
strategic vision for the production, distribution, consumption,
and conservation of energy within the service delivery area of
White Earth Reservation. The plan being developed will strive
to stabilize energy costs for White Earth residents, create
greater control of energy imports, grow community capacity for
self-generation by solving the community development process,
and sustain and grow existing energy renewables.
White Earth is currently focusing on maximizing the
development of wind and solar energy; however, other energy
opportunities are emerging. White Earth anticipates pursuing
additional DOE funding, including utilizing DOE tribal loan
guarantees for future projects such as solar farms, natural
gas, hydro energy, and the creation of a tribal utility
commission and electric utility.
Presently, an energy utility feasibility study is being
developed that will guide leadership regarding organization and
prioritizing projects throughout the decision-making process.
In closing, I would like to say Miigwech for the
opportunity to speak on behalf of White Earth. The White Earth
Reservation Business Committee appreciates being included on
this important matter and is happy our voice was heard today.
Miigwech to the members of the Committee for your hard work and
dedication to improving the lives of all tribal members.
[The prepared statement of Mr. Auginaush follows:]
Prepared Statement of Hon. Raymond Auginaush, Sr., Council Member,
White Earth Nation
Thank you Chairman Hoeven, Vice Chairman Udall and all the
distinguished Members of the Indian Affairs Committee. My name is
Raymond Auginaush, District I Representative of White Earth Nation. It
is an honor and a privilege to stand before you today with testimony on
the need for increased federal resources to support tribal energy
projects. I want to thank Senator Smith for submitting our request to
testify. She has been a true friend to native people in Minnesota and
throughout this nation
I have made the trip to Washington, D.C. to speak strongly in favor
of S. 2610, the Tribal Energy Reauthorization Act. This legislation is
critical to the future of all native people. We believe energy issues
will be the basis for future economic development on tribal lands. This
legislation will continue the excellent programs of the past and expand
this critical area for native people in the future.
I, and all members of the White Earth Reservation Business
Committee, appreciate today's scheduled hearing on this important
matter for all native people. Much like other Minnesota Chippewa Tribe
members, White Earth Reservation residents have suffered from the
effects of energy poverty which results from extremely high energy
costs in relation to minimal household income levels and poor energy
efficiency. The factors contributing to this include poorly insulated
homes, expensive fuel oil, propane and electric bills, frequent power
disconnects, and high shut off and reconnection fees.
For the past 16 years, White Earth has worked with the Department
of Energy to combat the reservation's energy crisis as we recognized
economic opportunity comes from sustainably addressing this situation.
The DOE has been supportive of our strategic energy planning, including
conducting feasibility studies and renewable energy deployment for
solar, biomass and wind projects. Specific DOE projects include:
wind energy deployment in the form of one 750 kW and two 50
kW wind turbines,
solar energy deployment ranging in size from 1.8 kW to 40 kW
in 3 community facilities
a biomass feasibility study for our tribal casino,
and Tribal Energy Program First Steps funding to develop a
comprehensive strategic energy plan.
Without DOE assistance, our limited resources would not have
allowed the progress White Earth has achieved to this date.
Energy is an emerging economic opportunity for White Earth and its
people. Presently, the two largest employers on the reservation are the
tribal casinos and the tribal government offices. When renewable energy
is deployed, a vast number of new career opportunities are created in
many different segments including engineering, management,
administration, accounting and customer service; thus, increasing
economic diversity for the people of White Earth.
In August 2019, the White Earth Reservation Business Committee
passed a resolution launching the Renewable Energy Independence
Initiative directed at taking control of the energy economy within the
reservation boundaries, as well as seeking potential renewable energy
investment opportunities that advance investment priorities.
The White Earth RBC is resolved to develop a comprehensive, clean
energy independence master plan and to set forth a strategic vision for
the production, distribution, consumption, and conservation of energy
within the service delivery area of White Earth Reservation. The plan
being developed will strive to:
stabilize energy costs for White Earth residents,
create greater control of energy imports,
grow community capacity for self-generation by solving the
community development process
sustain and grow existing energy renewables.
White Earth is currently focusing on maximizing the development of
wind and solar energy; however, other energy opportunities are
emerging. White Earth anticipates pursuing additional DOE funding,
including utilizing DOE tribal loan guarantees for future projects such
as:
Solar farms--White Earth is presently vetting developers
with successful experience in developing 1 MW solar farms in
Minnesota. Potential solar projects have been identified and
include powering the tribal casino, constructing solar farms
along existing power grids within the reservation boundaries
and investing in off-reservation facilities throughout the
state.
Natural gas--White Earth has previously collaborated with
multiple partners to bring natural gas to the city of Mahnomen
and, more specifically, the tribal casino. This effort has made
a substantial difference to the energy costs of the casino,
which is one of the largest energy consumers on the
reservation. Plans are currently being developed to bring
natural gas to other reservation communities with the goal of
considerable cost savings to individual households and other
tribal facilities.
Hydro energy--Opportunities are being explored that would
allow White Earth to exert its sovereignty and delve into
clean, renewable and cost competitive hydro energy.
The creation of a tribal utility commission and electric
utility--White Earth is committed to creating a tribal electric
and natural gas utility commission. The efforts of the tribal
utility commission would likely include acquisition of major
components of the existing electrical distribution system and
rebuilding as necessary for the needs of the community as it
transitions to locally generated power and renewables.
Presently, an energy utility feasibility study is being developed
that will guide leadership regarding organization and prioritizing
projects throughout the decisionmaking process.
In closing, I would like to say Miigwech for the opportunity to
speak on behalf of the people of White Earth. The White Earth
Reservation Business Committee appreciates being included on this
important matter and is happy our voice was heard today. Miigwech to
the members of the Committee for your hard work and dedication to
improving the lives of all tribal members.
The Chairman. Thank you, Councilman.
At this point, we will turn to questions. I will begin with
Mr. Frost.
S. 2610 intends to provide electricity to Native American
homes that are located on Indian lands. Your testimony
indicated that your office has concerns with the removal of the
cost sharing requirement. However, you also indicated that the
Secretary of Energy has the authority to reduce cost share when
necessary.
How often has the Secretary intervened on behalf of
economically disadvantaged tribes to remove the cost sharing?
Mr. Frost. Thank you for the question, Senator.
To the best of my knowledge, in 2015, the was a cost share
reduction for the Washoe Tribe. In 2013, the Office assessed
cost share on a case by case basis. There were six requests,
and I believe, to the best of my recollection, four or five of
those were granted in the past.
But again, that is a request that has to come from the
tribes. And that is also elucidated within our funding
opportunity announcements, to alert tribes of that option as
well.
The Chairman. Thank you.
Mr. Guertin, the term corridor in S. 2891 is defined as ``a
distinct component of a landscape or seascape that a, provides
habitat or ecological connectivity, and b, allows for fish,
wildlife or plant movement.'' Does the U.S. Fish and Wildlife
Service envision a circumstance in which it may approve the
establishment of a tribal wildlife corridor solely for plant
movement?
Mr. Guertin. Thank you, Senator. We anticipate there may be
some interest on behalf of some of the tribes to prioritize
such a corridor. We believe, based on past experience, the
preponderance of any type of designation or proposal will
probably more likely be centered on either animals or fishery
species, birds and things like that. That is just looking back
at similar programs we fund through our Tribal and State
Wildlife Grants Program and other technical assistance that is
provided.
Past experience would show it would probably be more
focused on fisheries and wildlife resources.
The Chairman. Describe a plant corridor.
Mr. Guertin. Plants, when people talk about migration, a
model of deer walking across a landscape doesn't apply. Plants
disperse themselves through the distribution of seeds. Insects
pick it up, the wind carries them, a watershed may float it.
Scat carries a lot of seeds across the landscape.
The rate of growth for a plant to expand is measured
probably in meters or yards, rather than a herd of elk or big
game moving across hundreds of miles. So it is a different kind
of biological phenomenon, but a colonization can take place
over greater ranges in some occurrences as well.
The Chairman. Do you do something to create that corridor
for plant movement?
Mr. Guertin. Would we actively do something, Senator?
The Chairman. Yes.
Mr. Guertin. There are ways to plant vegetation. An example
may be after a wildland fire, coming through, trying to
reestablish native vegetation and things like that.
The Chairman. How does the U.S. Fish and Wildlife Service
believe the bill will affect private landowners adjacent to
Indian lands as it relates to the use and enjoyment of their
properties?
Mr. Guertin. Our read of the bill, Senator, is that it
would not impact any use of private landowners. This is
written, from our read, as a vision for voluntary, non-
regulatory efforts within land managed and owned by our tribal
partners. It would be up to any surrounding landowners if they
wanted to partner up with the tribes to make that connection.
But the bill, from our read, does not put any nexus onto
private landowners.
The Chairman. You don't anticipate that it would have
negative impacts on surrounding landowners?
Mr. Guertin. Not to our read, no, sir.
The Chairman. That is something that would be managed
according to avoid something like that.
Mr. Guertin. Yes. The vision is to develop a partnership
with a shared vision on these landscapes. It is in the
leadership wheelhouse for the tribes to make that determination
their land. If their surrounding neighbors want to partner up
with them, that is up to the decisions of individual
landowners.
The Chairman. All right. Thank you.
Vice Chairman Udall.
Senator Udall. Thank you, Mr. Chairman.
Your description reminds me, Mr. Guertin, of what a
climatologist told me, this is with regard to plants. We were
in an area on a river trip. He said, if you have a certain pine
tree in the area that grows at a certain temperature, and we
have, as we know, global warming and climate activity, the
trees then move up the hill, as you were saying, at a very low
rate.
The problem for the tree in extinction is that when the
tree reaches the top of the mountain and the heat is all the
way there, then the tree disappears. So I think you gave a
pretty good example there. Trees don't move very quickly, but
it can happen that they try to migrate for climate or other
reasons.
Governor Montoya, we agree there is a need to increase the
capacity of tribal communities to coordinate wildlife
management strategies across entire landscapes, and to
establish a framework to enhance the use of wildlife corridors.
But I want to focus on the public health and safety advantages
of wildlife corridors. For example, the New Mexico Department
of Transportation reported 15,213 animal-vehicle collisions
between 2001 and 2016.
Can you talk about the benefits of wildlife corridors from
a public health and safety perspective, and the perspective of
your Pueblo, also?
Mr. Montoya. Thank you, Senator. Yes, an example would be
the interstate that crosses through our reservation, which is
probably about two miles long. But the wildlife coming off the
Sandia Mountains from the east to the west, it is pretty
dangerous. We have a uniformed police department and so on the
reservation, again, the wildlife is really important for our
religion. So if a bear gets hit, an owl gets hit, or a mountain
lion gets hit, we are first informed as to knowing. Because on
the reservation land, we take them and we use them for
ceremonial purposes.
But to the question regarding the safety, we have been
talking to the department of transportation. There are
corridors within the United States that have been built to
actually help the wildlife go through those corridors alive,
and to have that impact on human lives and dangerous crossings.
Most of the accidents that do happen are, our data is because
they are nocturnal, they are in early morning or after midnight
or early morning hours. People traveling at night, visibility
is limited.
So there is again, we have seen it, the impacts are really
significant. I think it is going to take a collaboration of
this bill and having to deal with other entities, public
landowners and the highway department to make things work. We
are only a small component to try and establish that goal. But
there is a significant impact.
Senator Udall. Thank you, Governor.
Mr. Guertin, the rationale for Secretarial Order 3362
recognizing the adverse impact of population growth in the west
on fish and wildlife habitat aligns with the need to increase
the use of wildlife corridors for the benefit of all species.
It seems like there is a real opportunity for us to work
together, not only to benefit big game hunters and States, but
to benefit all species and interested Indian tribes.
Does the Fish and Wildlife Service support broadening the
use of wildlife corridors beyond the beneficiaries mentioned in
the Secretarial Order, whether through more direct engagement
with tribe to establish wildlife corridors on tribal lands, or
to expand the application beyond big game species?
Mr. Guertin. Yes, Senator, we are very interested in
working with the Committee as you frame up the final language
for the bill. The Secretary's order focused on those three
iconic big game species, and our initial efforts focused, with
our State partners, on those. Tribes were certainly part of the
mix as we moved forward to implement that.
But the Secretary's Order really builds on our larger
ongoing work, where we are working with the North American
Waterfowl Management Plan, where we are essentially managing
several concurrent corridors for migratory birds and neotrops.
Our ongoing partnership work with Monarch butterflies and these
big corridors, our work with interjurisdictional fisheries,
that fish passage and opening up habitat for spawning and
rearing. So it is building on that.
The Service's interest is to work with the Committee as you
step down into the operational details of making this go live,
as it comes online, sir.
Senator Udall. Thank you.
Governor Montoya, can you elaborate on the importance of
wildlife to the Pueblo from a religious and cultural
perspective, and discuss how 2981 could build upon the progress
that has been made with existing wildlife corridors?
Mr. Montoya. Thank you, Senator. I will say it is really,
really relevant in terms of the culture that we know. In the
new millennium, we have not changed. The one thing that has
changed is that we had ancestors coming from back here forward.
So we sit here as a testimony of keeping that tradition going.
So I guess to your question, because of the bureaucracy and
the process, for instance, when we work with the State on the
antelopes and the turkey, sometimes there is a difficulty.
Because there is a limited amount that has to be distributed.
But we have had a pretty good relationship with them.
Again, those are things that we couldn't do ourselves. It
has to be a collaboration with agencies. We really appreciate
that the State game and fish in New Mexico has worked with us
diligently on doing that.
The other way that it will work, going back to our earlier
discussion on corridors, wildlife really don't know boundaries.
They will follow a true hot spot to get from point A to point
B. That is a reflection of your concern right now, the
encroachment of homes, roads. They are not going to change
their mind in terms of where they are going to go, and that is
the reason why we have fatalities with those large animals.
Just to reiterate, our data shows that we do collar a lot
of the big game, mountain lion, bear, antelope, deer. So
basically, as of today, we can tell where the animals are
going. All those hot spots that show up on the radio collars
indicate that nothing has changed. This is just probably going
to get worse because of community growth.
So again, it is really important for us that we try to save
whatever species are going to be available in those corridors.
Senator Udall. Thank you, Governor Montoya. Thank you, Mr.
Chairman.
The Chairman. Senator Smith.
STATEMENT OF HON. TINA SMITH,
U.S. SENATOR FROM MINNESOTA
Senator Smith. Thank you so much, Chair Hoeven and Vice
Chair Udall for my birthday greetings, and also for holding
this hearing today, including on S. 2610, the Tribal Energy
Reauthorization Act.
The Chairman. You get extra time.
[Laughter.]
Senator Smith. Thank you.
I am really so delighted to be able to work on this bill
with Senator Murkowski. I am also just so happy to see
Councilmember Auginaush here with us today from the White Earth
Nation. I am so grateful for your leadership and the leadership
of the White Earth Nation on energy and your work to move
toward energy independence.
So today we are considering this bill, the Tribal Energy
Reauthorization Act, which as I said, Senator Murkowski and I
are working on together. This bill would reauthorize and
improve the Department of Energy's Office of Indian Energy, as
well as the Tribal Energy Loan Guarantee Program. These
programs would be reauthorized with increased authorized
appropriations through 2030.
I also would like to just note, apropos of Mr. Frost's
comments, that this bill would not eliminate cost sharing. We
would be happy to continue to work with you and to continue the
conversation on that aspect of the bill as well.
Councilmember Auginaush, you and I have had a chance to
talk a lot about how important this project is to White Earth
Nation. It really grows out of this understanding that we all
share that clean energy is not only good for the environment,
but it is good for the economy and good for the economic
opportunities that are present on White Earth, as would be the
case on tribal nations everywhere.
As you said in your testimony, these energy projects have
the opportunity to be a great foundation for economic
development for the tribe. So I am wondering if you could just
say a little bit more about how White Earth has benefited from
the work that you have already done to develop clean energy and
what this means to the Tribe in terms of economic development
and workforce development, and also what it means to the
region.
Mr. Auginaush. Yes, thank you, Senator Smith. In the two
years I have been on this council, we have been very actively
working with our tribal energy. We have set up solar panels on
our buildings. We are also looking into wind energy and
different other things that we are moving right along with.
Mainly our solar panels have really made a significant
difference on our tribal buildings. We hope to set them up
where we could set them up with our housing to help our people
in our housing bills. But not only for our people, but we are
also looking at all people on the reservation which are non-
Natives, who are also struggling with the same problems we
have, as far as high energy bills and fuel bills.
So we are not only looking out for ourselves, we are also
looking out for people who live on the reservation who are
within our boundaries to help them out also. But we are, as was
said, money is short, but we are always looking out, and I very
much appreciate this bill that is being pushed through here, or
I shouldn't say pushed through, but being brought through.
Senator Smith. You can say pushed through.
Mr. Auginaush. If it were up to me, I would push it
through.
[Laughter.]
Mr. Auginaush. But that is beside the point. Anyway, this
is an excellent opportunity for us to grow, and we are looking
at bringing in companies onto the reservation. We can give them
tax breaks; we can give them this and that. At the same time,
we are looking at gaining more for our people for job
opportunities. Right now, our biggest opportunities are at
casinos, and some people, that just doesn't fit them. They work
there so long, then they are done.
So we are looking at different job opportunities into this
energy deal. We can bring in a lot of jobs here that will
actually help a lot of our people. But again, not only our
people, non-Native people.
Senator Smith. Certainly it benefits White Earth Nation,
but it also benefits the broader region as well, because of the
economic activity.
Mr. Auginaush. Exactly. It would certainly benefit the
White Earth Nation, but as we say, we like to share. So we are
looking at our counterparts who live within our reservations to
include them in with us. We are not doing this just for the
sole purpose of White Earth Reservation. We are doing it for
also those who live on the reservation, so we can help them out
also.
Senator Smith. Thank you very much. Again, thank you for
making the long trip from White Earth Nation.
Mr. Auginaush. You are welcome. Again, I appreciate you
very much for helping us out there, and I appreciate you for
having us here today. I hope you have safe travels in your next
travels home. Especially you, Mr. Hoeven, I know you live in
that cold country where we live.
[Laughter.]
The Chairman. Thank you.
Mr. Auginaush. Miigwech.
The Chairman. Thank you, Councilman, we appreciate it very
much. Thank you for being here.
Senator Smith. Miigwech. Thank you.
The Chairman. Thanks, Senator. Senator Murkowski.
STATEMENT OF HON. LISA MURKOWSKI,
U.S. SENATOR FROM ALASKA
Senator Murkowski. Thank you, Senator Hoeven and Ranking
Member.
I am pleased that we have this bill in front of the
Committee today. I thank Senator Smith for her leadership, her
teamwork on this. I think we recognize that there is great
potential here.
I think it is somewhat timely that as we are on the Floor
right now with an updated Energy Bill, we recognize that this
Office, OIE, was established by the Energy Policy Act of 2005.
So we are now a dozen plus years beyond that and I think we
recognize that the good work of the Office of Indian Energy can
be tweaked or encouraged. I think that is what our legislation
really does seek to do, and kind of leveling that playing field
for project grants, regardless of tribal landownership
structure, allowing non-profit electric co-ops that serve our
tribal communities to apply for OIE funding.
Recognizing that OIE should take into consideration the
fiscal ability of a grant applicant to meet the cost share
requirements, we have had discussion about that. I know that
that is very important.
Also, what more can be done to utilize OIE as really this
clearinghouse. I think we recognize that for some of our tribal
entities, DOE is pretty imposing, it is pretty intimidating,
and it is a tough thing to navigate. So to really allow OIE to
help facilitate that I think is an important part of what we
are trying to do within this legislation.
I will ask you, Director Frost, on that. But before we get
into the details of that specifically, I wanted to ask about
the staffing within the Alaska office. I believe that there are
two positions that you have recently noticed as open for the
Alaska office. Can you give me an update on where we might be
with filling those two positions, and the timeline for bringing
folks on board?
Mr. Frost. Thank you for the question, Senator Murkowski.
In terms of an update, the Office of Indian Energy is
actively working on recruitment. We expect to have a
replacement for the general engineer in Alaska by the end of
April.
We are currently reviewing candidates for the new senior
advisor position in Alaska. Both of those have also closed as
well.
Senator Murkowski. They have closed.
Mr. Frost. Yes, they have closed.
Senator Murkowski. Okay, so we would at that time period, I
know it has been a frustrating process for you in terms of the
timelines. It is certainly a frustrating process for those who
are waiting to have the expertise that these individuals will
provide. I am glad that we have at least gotten through that
part, and hopefully we are going to have good folk accept these
positions.
I wanted to speak to this aspect of information
clearinghouse. The language in the bill is intended to have
your office serve as a liaison with the rest of the Department
of Energy, so that if, for instance, you have a funding
opportunity that comes up through EERE, that might be
appropriate for one of the tribes, you have been brought up to
date in terms of what the needs of the tribes are.
The design of all this is that your office then can act as
the liaison for the tribe to that other office within DOE. This
is not unlike what the Office of Technology Transitions does
between the private sector and the national labs. They
basically help to facilitate these opportunities.
So do you think that this is something that your office can
explore to serve as an information and support clearinghouse
for tribal entities all across the department?
Mr. Frost. Senator, earlier in my oral testimony I did
provide and state that the entirety of OIE staff kind of
already performs that function. We gather not only tribal
opportunities as well, in terms of funding opportunities, but
also within DOE and across the entire Federal family. We house
all that information on our website.
So we are already presently doing that. We will continue to
do that in the future, because not only is it a best practice,
but we want to make sure that in terms of the non-DOE Federal
cost share that tribes avail themselves to a lot of other
opportunities which may help them stand up their energy
development projects.
Senator Murkowski. We want to help facilitate that, so that
this is truly operational. I know that there have been some
opportunities that have been limited by narrow application of
OIE's authorities in Alaska under existing law. So I would like
to think that if we are able to identify where those choke
points are that we can work to address them so that the
opportunities that this office presents can be fully made
available.
I know that we have had conversations together where I have
expressed my frustration. I think part of it is you have small,
oftentimes unsophisticated tribal entities that are trying to
navigate something that is just so foreign to them. We send
them to you, and it has been another level of bureaucracy.
So all that we can do to better integrate and better act as
that liaison, I think this is ultimately what we are all trying
to do. Same goal: we just have to make sure that we are all
working together to make that happen.
Mr. Frost. Senator, the Office definitely looks forward to
continuing a conversation with you as well, so that we can find
that common ground and work in the best interests of Indian
Country and Alaska Native villages. We welcome that
conversation.
Senator Murkowski. Thank you, Mr. Chairman.
The Chairman. Senator Cortez Masto.
STATEMENT OF HON. CATHERINE CORTEZ MASTO,
U.S. SENATOR FROM NEVADA
Senator Cortez Masto. Thank you, Chairman Hoeven and
Ranking Member Udall. Thank you to the panelists for being here
today.
Mr. Frost, I would like to start with you. In Nevada, we
have the Desert Research Institute. DRI has joined the
University of Arizona in partnering with the Hopi community
leaders to help alleviate the energy insecurity that has
resulted within the Hopi community after that Kayenta coal mine
in Navajo Generating Station closed in 2019, which restricts
the Hopi Tribe's access to its primary energy resource.
Together, the University of Arizona, DRI and the Hopi
community leaders are working to deploy community-based energy
security solutions which include affordable household level
off-grid residential systems. It is the hope of this
partnership that these renewable energy solutions will provide
energy security to the community.
So my question to you is, is the Office of Indian Energy
aware of the urgent need to help these Hopi families as they
transition off the grid to sustainable energy solutions? What
is the Office of Indian Energy and other Federal agencies doing
to ensure energy security solutions for the Hopi communities
are community-based, incorporate community workforce training
and are respectful of the Hopi culture and traditions?
Mr. Frost. Thank you for the question, Senator.
While I can't speak on behalf of the other members of the
Federal family, but I can speak on what we do within the Office
of Indian Energy, as well as utilizing and leveraging a lot of
the resources as well within the department in general.
One thing we have been doing, yes, I am aware of the issue
that the Hopi are dealing with as well as that collaboration
with the University of Arizona. I did have some discussions on
that this morning. The one thing that the office can do, we are
kind of what is known as an opt-in office. Tribes kind of have
to step through our door as well, even though we have some
understanding of what is going on within Indian Country.
Senator Cortez Masto. So in other words, just so I
understand this, you may have knowledge of something that is
happening within the community, but until they ask you, don't
take any action, is that right?
Mr. Frost. Yes. Let me rephrase. Yes, we do that, but we
also adhere to the tenets of tribal sovereignty and self-
determination in our office.
Senator Cortez Masto. Okay.
Mr. Frost. With our office, if that is the tribe's goal, we
always make ourselves available at any and all times to have
discussions with any one of the 574 federally recognized
tribes. Up until that point, the Hopi Tribe has not come
directly to our office.
Senator Cortez Masto. Okay. No one within this partnership
has come to your office to seek assistance on behalf of the
tribe, the Hopi Tribe.
Mr. Frost. The only one that we have had come through here
was the University of Arizona. We did respond to them today,
just for your edification as well.
Senator Cortez Masto. Okay, thank you.
Mr. Frost. But what we also have the ability to do, as I
know Hopi, a lot of their economic base is well-nestled within
coal. So we also partner with what we call our Fossil Energy
Office within the department. We also work to utilize not only
their budget but their expertise in terms of subject matter
experts, and their staff as well, to kind of look at a lot of
these wide-ranging issues in general, issues that affect, at
least I should say that go beyond the borders of the Hopi
Reservation as well.
But we can also harness technical assistance, and the tribe
itself can also make that request to us, through our technical
assistance page, on our web page, which we always respond to
tribes. But in the event that we are unable to fill that need
by having strong partnerships and collaboration across the
entire Federal family, we can get them in front of the right
office.
For example, if they were looking for something in the
realm of a feasibility study, if the Fossil Energy Office isn't
able to accommodate, then we could also utilize the Division of
Energy Mineral Development within BIA, as well, or even the
Indian Energy and Economic Development Office as well. These
are some of our strong partners we have had in the past. Since
I have become the director, we have solidified those
relationships. Right now, we have a great working relationship
with those offices.
So any time we hear some of these issues, they will
collaborate with us and they will kind of give us some heads up
and situational awareness. Then we will continue those
discussions.
But as always, when it comes to some of the cultural
relevancy for the tribe as well, as an example, the tribe was
going to look to use some technical assistance, or if they were
actually going to look to stand up an energy project through
one of our funding opportunities, the tribe has the ability to
site that project where they wish to site the project. That is
taken into account all the tribe's cultural, historical and
traditional knowledge and references as well.
We don't impose anything on the tribes as an office. We
allow the tribes to tell us where they want the project, what
type of technology they wish to use. By maintaining and keeping
the Office of Fuel and Technology neutral, that gives the
office the ability, one, to allow its entire suite of services
to be available for all 574 federally recognized tribes. We
honor every tribe's individual energy development goals and
utilize our small staff and our limited amount of resources to
the best of our ability to efficiently and effectively help
them overcome any obstacles.
Senator Cortez Masto. So do you engage in workforce
training as well?
Mr. Frost. At this time, we do not engage in any workforce
training.
Senator Cortez Masto. Okay. So let me ask you then, because
I think I heard in your statement with respect to S. 2610 that
you didn't think there was a need for the liaison for the
tribes. If you could, explain this to me. That is work that you
are already engaging in, the staff is.
Mr. Frost. Yes.
Senator Cortez Masto. So you didn't need an additional
person to do that work?
Mr. Frost. No. Our staff already handles that in terms of
looking at all the different funding opportunities, whether we
are going out to a specific tribal event, whether that is a
ribbon cutting for a project, or whether we are looking more on
a regional event or working on some of the other inter-tribal
organizations around the Country. We go out and also bring that
message with us about what we are doing in the office, some of
those funding opportunities as well.
As an example, quite recently, we have had a team member
from our Golden field office go to Seminole's renewable energy
conference in Florida. There, they talked about a brief
overview of the office, talked about some of the funding
opportunities that are available, and actually answered
questions in real time, some of the Q&A from the audience
members as well.
We also do that on a national basis, because the office
articulated within the language for the office, we do have a
biannual national tribal energy summit. So during that time
every two years, we do get a lot of these funding opportunity
announcements available, and we also pull together a lot of the
Federal family that works collaboratively with Indian Country
when it comes to energy development.
Senator Cortez Masto. Okay. Thank you very much.
The Chairman. Thank you to all the witnesses. The hearing
record will be open for two weeks. Again, we appreciate your
being here, and your testimony.
With that, our hearing is adjourned. Thanks so much.
[Whereupon, at 3:33 p.m., the hearing was adjourned.]
A P P E N D I X
Prepared Statement of Hon. Victor Joseph, Chief/Chairman, Tanana Chiefs
Conference
Chairman Hoeven, Vice Chairman Udall, and members of the Senate
Committee on Indian Affairs (``Committee''), I am submitting this
testimony on behalf of the Tanana Chiefs Conference (TCC) for the
record of the Committee's March 4, 2020 Legislative Hearing on S. 2610,
the Tribal Energy Reauthorization Act. TCC supports S. 2610 with an
amendment to ensure that Alaska Native Villages can take full advantage
of the opportunities provided by the Energy Policy Act.
The Tanana Chiefs Conference is a non-profit intertribal consortium
of 37 federally recognized Tribes and 41 communities located across
Alaska's vast interior. Headquartered in Fairbanks, AK, TCC serves
approximately 18,000 tribal members in Fairbanks, and in the rural
villages. TCC aims to meet the health and social service needs of
tribes and tribal members throughout the region, which is nearly the
size of Texas.
TCC would like to thank Senator Lisa Murkowski, Senator Dan
Sullivan, and Senator Tina Smith for introducing S. 2610, which would
amend the Energy Policy Act. We appreciate the bill's attempt to ensure
that Alaska Native Villages can take full advantage of the grant
opportunities provided by the Department of Energy's Office of Indian
Energy Policy and Programs (``OIE''). While TCC shares this goal, the
bill may still not allow Alaska Native Villages to fully benefit from
those opportunities. In addition, the bill would not clarify that
Alaska Native Villages are eligible to access certain tribal energy
programs at the Interior Department.
The Energy Policy Act of 2005 (Public Law 109-58) (``Act'') created
opportunities at both the Department of Energy and the Department of
the Interior to help support the development and use of tribal energy
resources. Section 502 of the Act created the Office of Indian Energy
Policy and Programs (OIE) within the Department of Energy (42 USC
7144e). Further, Section 503 of the Act, codified at 25 USC 3502(b),
states that the OIE Director ``shall establish programs to assist
consenting Indian tribes in meeting energy education, research and
development, planning, and management needs.'' Section 503 also states
that the OIE Director may provide certain grants to an Indian tribe or
tribal energy resource development organization.
Furthermore, Section 503 of the Act, codified at 25 USC 3502(a),
provides that the Interior Secretary ``shall establish and implement an
Indian energy resource development program'' designed to assist Indian
tribes and tribal energy resource development organizations. In
addition, the Section states that the Interior Secretary shall provide
certain grant opportunities to Indian tribes and tribal energy resource
development organizations, including grants related to developing or
obtaining the managerial and technical capacity to develop energy
resources; and carrying out projects to promote the integration of
energy resources.
The tribal programs authorized under the Act at both the Energy
Department and the Interior Department promote tribal self-
determination and grant Indian tribes greater authority over energy
resources. Unfortunately, the Act's conflicting definitions of ``Indian
land'' and ``Indian tribe'' compromises the ability of Alaska Native
Villages to take full advantage of those opportunities. While the Act's
definition of ``Indian tribe'' (25 USC 5304) is inclusive of Alaska
Native Villages, it does not take into account the fact that Alaska
Native Villages largely do not hold ``Indian land'' (25 USC 5301(2)) as
defined by the Act. \1\
---------------------------------------------------------------------------
\1\ The Act defines ``Indian land'' as: ``(A) any land located
within the boundaries of an Indian reservation, pueblo, or rancheria;
(B) any land located within the boundaries of an Indian reservation,
pueblo, or rancheria, the title to which is held--(i) in trust by the
United States for the benefit of an Indian tribe or an individual
Indian; (ii) by an Indian tribe or an individual Indian, subject to a
restriction against alienation under laws of the United States; or
(iii) by a dependent Indian community; and (C) land that is owned by an
Indian tribe and was conveyed by the United States to a Native
Corporation pursuant to the Alaska Native Claims Settlement Act (43 USC
1601 et seq), or that was conveyed by the United States to a Native
Corporation in exchange for such land.''
---------------------------------------------------------------------------
The Alaska Native Claims Settlement Act (ANCSA) vested land
ownership in Alaska's forprofit, regional and village corporations,
rather than the tribes. As a result, Alaska tribes own essentially none
of the 44 million acres of land transferred to Native entities under
ANCSA. Unfortunately for Alaska Native Villages, the Interior and
Energy Department tribal programs authorized under the Act are
primarily tied to ``Indian land.''
The Tanana Chiefs Conference appreciates the fact that some Alaska
Native Villages have had the opportunity to utilize the tribal programs
authorized under the Energy Policy Act. However, we are aware of others
being denied participation due to the fact that they do not hold
``Indian land.'' In order to provide clarity and certainty, TCC
recommends amending the definition of ``Indian land.''
TCC supports S. 2610's attempt to address the ``Indian land''
situation for the Alaska Native Villages. The bill would amend current
law to include the definition of ``Native,'' as defined in the Alaska
Native Claims Settlement Act. Further, the bill would delete the term
``Indian land'' from multiple provisions of current law, which outline
the types of grants which the OIE Director may provide.
While this effort is greatly appreciated, TCC is concerned about
the complexities stemming from the bill's usage of the definition of
``Native,'' as defined by ANCSA, which requires \1/4\ blood quantum. In
addition, the bill would not resolve the ``Indian land'' issue for
Alaska Native Villages when it comes to fully participating in the
Interior Department's tribal programs authorized by the Energy Policy
Act.
In order to address these concerns, TCC recommends a slightly
different approach through the following amendment to S. 2610, the
Tribal Energy Reauthorization Act:
Sec.----. TECHNICAL AMENDMENT. Amend Section 2(a) of S. 2610 by
adding a new paragraph at the end:
(6) in paragraph (2)(C) by adding the following before the
period:
``, or that is located in an Alaska Native Village Statistical
Area as determined by the Bureau of the Census.''
TCC believes that this straightforward amendment would ensure that
Alaska Native Villages can take full advantage of the valuable
opportunities afforded by the Energy Policy Act. In closing, the Tanana
Chiefs Conference once again thanks Senators Murkowski, Sullivan, and
Smith for introducing S. 2610, the Tribal Energy Reauthorization Act.
We also applaud the Senate Committee on Indian Affairs for holding a
hearing on the bill and allowing us the opportunity to submit testimony
on the bill. TCC urges the Committee to support our proposed amendment
to S. 2610 and approve the bill.
______
The Wilderness Society
March 3, 2020
Hon. John Hoeven, Chairman;
Hon. Tom Udall, Vice Chairman,
Senate Committee on Indian Affairs,
Washington, DC.
Dear Chairman Hoeven and Vice Chairman Udall and Members of the
Committee:
On behalf of our more than one million members and supporters, The
Wilderness Society (TWS) writes to express our support for S. 2891, the
Tribal Wildlife Corridors Act of 2019, being heard before the Senate
Committee on Indian Affairs on March 4, 2020. We respectfully request
that this letter be included in the hearing record.
S. 2891, Tribal Wildlife Corridors Act of 2019
TWS supports S. 2891, the Tribal Wildlife Corridors Act of 2019,
sponsored by Senator Udall. Ecological connectivity of wildlife
habitats is necessary for the survival and success of many species
across the country. S. 2891 would establish a process for tribal
governments to protect wildlife corridors on tribal land to facilitate
the movement of native species. Through this bill, the Department of
the Interior would provide assistance in establishing, managing and
expanding Tribal Wildlife Corridors to improve wildlife habitat and
connectivity on tribal land and for these corridors to be officially
designated by the Secretary of the Interior. S. 2891 would also create
the Wildlife Movements Grant Program to provide funding to tribes in
establishing corridors. Indigenous communities have often led the way
in environmental stewardship, and this bill would allow those
communities to have the necessary resources to create and maintain
wildlife corridors. Given this, TWS urges all Members of the Committee
to support S. 2891.
Thank you for considering our views.
Sincerely,
Drew McConville,
Senior Managing Director, Government Relations
______
Response to Written Questions Submitted by Hon. Tom Udall to
Kevin R. Frost
Question 1. A review of recent grant awards awarded by your office
shows that awards primarily go to renewable energy projects such as
biomass, energy efficiency, solar, and wind power projects. Section
2(b) of S. 2610 incorporates additional criteria from the Department of
Energy Organization Act, including criteria to ``reduce or stabilize
energy costs.'' Under existing authority, could DOE award a grant to
support the installation of diesel fuel generators? Does Section 2(b)
change that eligibility in anyway?
Answer. Funding Opportunity Announcements (FOAs) issued by the
Office of Indian Energy since 2018 have been fuel and technology
neutral and have explicitly sought energy generating systems which, for
purposes of the FOAs, include: (1) combined heat and power system(s),
(2) conventional distributed generation system(s) and (3) renewable
energy system(s). As defined in the FOA, conventional distributed
generation system(s) include, but are not limited to: gas turbines
(combustion engine), generators, reciprocating engines, stirling
engines, microturbines, or combustion steam turbines. Therefore, the
installation of diesel fuel generators are eligible under the current
and recent FOAs. Based on the language of Section 2(b) of S. 2610, that
eligibility would not change in anyway.
Question 2. Section 2 of the S. 2610 modifies the definition of
``tribal energy development organization'' to include Alaska Native
Corporations. That phrase is also used in 25 U.S.C. 3504, which deals
with leases, business agreements, and rights of way involving energy
development and transmission. Alaska Native Corporations are expressly
excluded from the definition of ``Indian tribe'' for purposes of 25
U.S.C. 3504. Under S. 2610, is it correct that Alaska Native
Corporations would continue to be excluded from the provisions in 25
U.S.C. 3504?
Answer. The provisions of 25 U.S.C. 3504 are specific to the
Department of Interior and outside the purview of the Department of
Energy's Office of Indian Energy Policy and Programs.
Question 3. Please list tribes that have applied for or received a
cost-share waiver under 42 U.S.C. 16352(c)(2) and indicate the nature
and extent of the cost-share reduction approved by the Secretary).
Please also list tribes that were denied such a waiver and the reasons
for such denial.
Answer. In 2015, the Office of Indian Energy Policy and Programs
(OIE) initially offered the ability of applicants to request cost share
reductions under Funding Opportunity Announcement DE-FOA-0001021. Per
the FOA, DOE evaluated the cost share reduction requests based on
financial need, economic benefits, and environmental benefits. Of the
forty-eight applications received, nine included requests for a
reduction of cost share; however, only four of those applications were
forwarded for comprehensive technical review. Of those four, only two
were determined to have financial need through an assessment of: (1)
net worth; (2) liquidity; (3) capital structure and solvency; (4) cash
flow; and (5) grant funding (amount of income from Federal grants)
using twelve financial indices, and only one of those was selected for
negotiation of an award. As a result, a request for a cost share
reduction from 50 percent to 10 percent for the Washoe Tribe of Nevada
and California was processed and approved. Below is a list of the nine
applicants who requested a cost share reduction and the nature and
extent of the cost-share reduction approved or denied and the reasons
for such denial: Chippewa Cree Tribe (application deemed ineligible and
therefore not considered for an award or a cost share reduction); Fort
Belknap Indian Community (recommended for a cost share reduction;
however, the application was not selected for negotiation of an award);
Klamath Tribes (application deemed ineligible and therefore not
considered for an award or a cost share reduction); Klamath Tribes
(separate application deemed ineligible and therefore not considered
for an award or a cost share reduction); Native Village of Tanacross
(application deemed ineligible and therefore not considered for an
award or a cost share reduction); Tuntutuliak Community Services
Association Electrical Services (application deemed ineligible and
therefore not considered for an award or a cost share reduction); Warm
Springs Power Enterprises (application deemed ineligible and therefore
not considered for an award or a cost share reduction); Washoe Tribe of
Nevada and California (selected for funding and granted a cost share
reduction from 50 percent cost share to 10 percent); and the Yurok
Tribe (application deemed ineligible and therefore not considered for
an award or a cost share reduction).
In 2016, under DE-FOA-0001390, OIE again offered the ability for
applicants to request a cost share reduction and evaluated those
requests based on financial need, economic benefits, and environmental
benefits. Of the forty-seven (47) applications received, 11 included a
request to reduce cost share. Of those applications with cost share
reduction requests, four were selected for negotiation of award and
three cost share reductions were recommended and ultimately granted to
Alaska Native Tribal Health Consortium (reduction from 50 percent cost
share to 32 percent), Little Big Horn College (reduction from 50
percent cost share to 25 percent), and Hughes Village Council
(reduction from 50 percent cost share to 16.2 percent). The White Earth
Reservation Tribal Council application was selected for negotiation of
an award but the Tribe was not provided a cost share reduction due to
the lack of documented financial need. Below is a list of the 11
applicants who requested a cost share reduction and the nature and
extent of the cost-share reduction approved or denied and the reasons
for such denial: Alaska Native Tribal Health Consortium (selected for
funding and granted the requested cost share reduction from 50 percent
cost share to 32 percent); Association of Village Council Presidents,
Inc. (not recommended for a cost share reduction due to insufficient
information needed to determine financial need; regardless, the
application was not selected for an award or a cost share reduction);
Hughes Village Council; (selected for funding and granted the requested
cost share reduction from 50 percent cost share to 16.2 percent);
Kokhanok Village Council (application deemed ineligible and therefore
not considered for an award or a cost share reduction); Little Big Horn
College (selected for funding and granted the requested cost share
reduction from 50 percent cost share to 25 percent); Mesa Grande Band
of Mission Indians (not recommended for a cost share reduction as the
economic and environmental benefits required as part of the request
were not adequately addressed; regardless, the application was not
selected for an award or a cost share reduction); Navajo Nation,
Cameron Chapter (application deemed ineligible and therefore not
considered for an award or a cost share reduction); Paiute Indian Tribe
of Utah (application deemed ineligible and therefore not considered for
an award or a cost share reduction); Port Graham Village Council (not
recommended for a cost share reduction due to lack of documented
financial need; regardless, the application was not selected for an
award or a cost share reduction); TDX Power, Inc. (not recommended for
a cost share reduction as the economic and environmental benefits
required as part of the request were not adequately addressed;
regardless, the application was not selected for an award or a cost
share reduction); White Earth Reservation Tribal Council (not
recommended for a cost share reduction due to lack of documented
financial need; however, selected for negotiation of an award and
agreed to provide the required 50 percent cost share).
In summary, of the ninety-five applications received under the two
FOAs offering cost share reductions, twenty requests for reduced cost
share were received. Of the five applications requesting cost share
reductions and selected for negotiation of award, four cost share
reductions were granted and only one request was denied due to the lack
of documented financial need.
Question 4. The Tribal Energy Loan Guarantee Program was authorized
in 2005 and was first appropriated funding in FY 2017. What has
prevented OIE from awarding a single tribal energy loan guarantee?
Answer. OIE does not administer the TELGP. Authority to administer
the Tribal Energy Loan Guarantee Program (TELGP) was delegated to the
Department's Loan Programs Office (LPO) in February 2018. LPO issued a
draft solicitation in March 2018 and then a final solicitation in July
2018. Since the draft solicitation was issued, LPO has reached out to
tribal nations and affiliated organizations to make them aware of
TELGP. Based on LPO's experience with financing energy infrastructure
under other authorities, the origination process leading up to the
issuance of a loan guarantee, including pre-application consultation,
application review, due diligence, and final negotiation of terms, can
take several months or years.
Question 5. Why does the Administration support eliminating the
Tribal Energy Loan Guarantee program and propose to cancel the $8.5
million appropriated for the cost of loan guarantees?
Answer. The President's Fiscal Year (FY) 2021 budget request
proposes to eliminate the Tribal Energy Loan Guarantee Program because
the private sector is better positioned to finance the deployment of
commercially viable energy and advanced vehicle manufacturing projects.
Authorized by the Energy Policy Act of 2005, funding was first
appropriated for the TELGP in FY 2017. In FY 2018, the Department
issued the first Tribal Energy loan guarantee solicitation to support
tribal energy development. Since the draft solicitation was issued, LPO
has reached out to tribal nations and affiliated organizations to make
them aware of TELGP. Based on LPO's experience with financing energy
infrastructure under other authorities, the origination process leading
up to the issuance of a loan guarantee, including pre-application
consultation, application review, due diligence, and final negotiation
of terms, can take several months or years. To date, TELGP has not
issued a tribal energy loan guarantee.
Question 6. What changes, if any, to the Tribal Energy Loan
Guarantee program authorization would allow DOE to support its
reauthorization as proposed in Section 2(c) of S. 2610?
Answer. The President's FY 2021 Budget eliminates the Tribal Energy
Loan Guarantee Program (TELGP) and proposes to cancel the $8,500,000
appropriated for credit subsidy.
Question 7. Does the reduction of carbon dioxide emissions in any
way factor into the criteria of ``energy efficiency'' with regard to
DOE decisions to award competitive grants under the Indian Energy
Education Planning and Management Assistance program?
Answer. The evaluation criteria for FOAs issued by the Office of
Indian Energy Policy and Programs include consideration of the extent
to which the proposed project provides economic (e.g., money saved,
jobs, etc.) or other benefits to the Indian Tribe(s) and tribal
community, as well as the outcomes of the proposed project, both of
which include environmental benefits. The ``reduction of carbon dioxide
emissions'', however, is not a specifically identified factor in the
criteria of ``energy efficiency'' with regard to DOE decisions to award
competitive grants under the Indian Energy Education Planning and
Management Assistance program.
______
Response to Written Questions Submitted by Hon. Tom Udall to
Stephen Guertin
Question 1. Please provide a list of Tribes who have received
funding for wildlife corridors in the last five years out of U.S. FWS'
Tribal wildlife grants program, along with a brief summary of each
project.
Answer. The requested information is not compiled.
Question 2. Please provide an update on the implementation of
Secretarial Order 3362 and discuss efforts to collaborate or work
cooperatively with Tribal wildlife agencies as part of that
implementation.
Answer. Secretarial Order 3362 (Order) was signed in February 2018,
and a.Coordinator was hired in May 2018. In less than two years, the
Department has made considerable progress working cooperatively and
collaboratively with eleven State fish and wildlife agencies. In the
first year of implementation, the Department developed State Action
Plans based on information provided by the eleven respective States.
These plans were updated in year two with new information and analysis.
The Department has provided funding and technical support to help the
States gather data to identify big game migration corridors or winter
range areas. The Department has also provided funding, through an
internal and external grant process, for habitat projects within the
migration corridors or winter range areas.
If Tribal land is identified within one of the State-defined
priority migration corridors or winter range areas, those lands are
eligible for project support under the Order. Partners, including
Tribes, State agencies, non-profit organizations, then develop projects
within these priority areas to address the needs identified in the
State Action Plans.
Question 3. Has climate change played any role in reducing the
quantity or quality of biggame winter range and migration corridor
habitat on federal lands under the management jurisdiction of the
Department of the Interior? If so, how can wildlife corridor protection
help to address the effects of climate change on wildlife?
Answer. Of the States that have completed the process for
identifying their priority big game migration corridors and winter
range areas pursuant to Secretarial Order 3362 none have noted climate
change as a direct risk factor.
Question 4. Has the U.S. Fish and Wildlife Service observed any
benefits of wildlife corridors in the protection of endangered or
threatened wildlife?
Answer. Yes, since habitat loss is one of the key factors affecting
a majority of endangered or threatened species, connecting areas of
suitable habitat is beneficial to many listed species. For example, the
Recovery Plan for the Eastern Indigo Snake (2019), a federally
threatened species, lists protection of habitat as the number one
recovery action for the species, particularly where it provides
connectivity between populations. Utilizing authority under the
Cooperative Endangered Species Conservation Program, the Service
recently approved a Recovery Land Acquisition grant to help connect
tracts of suitable habitat for the eastern indigo snake, gopher
tortoise (a candidate species), and other species along the Canoochee
River in Bryan County, GA. The parcel provides a connected, protected
corridor of habitat suitable for eastern indigo snakes, gopher
tortoises, and other high-priority species associated with this
ecosystem.
Question 5. How would the Tribal Wildlife Corridor Act support
current and future efforts to protect wildlife corridors on state and
federal lands?
Answer. S. 2891, the Tribal Wildlife Corridors Act, would allow
Tribes to nominate a habitat corridor for fish, wildlife, or plants on
Indian land to be designated as a ``Tribal Wildlife Corridor.'' This
designation would further enable Tribes to consult with the Department
and coordinate with the U.S. Forest Service to improve habitat
connectivity between the Tribal Wildlife Corridor and federal public
lands. The legislation would complement existing efforts of the
Department and the U.S. Fish and Wildlife Service to protect wildlife
corridors, including Secretarial Order 3362, to improve habitat quality
in western big game winter range and migration corridors for pronghorn,
elk, and mule deer; the North American Waterfowl Management Plan and
migratory bird joint ventures, which are partnerships to conserve birds
and habitats within certain geographic areas; Neotropical Migratory
Bird Conservation Act grants, which conserve migratory bird habitat on
a continental scale; and the National Fish Passage Program, which works
with partners to improve fish habitat, remove barriers to fish
movement, and reconnect aquatic habitats.