[Senate Hearing 117-352]
[From the U.S. Government Publishing Office]



                                                        S. Hrg. 117-352
.                                                        
                   INVESTING IN NATIVE COMMUNITIES: 
                  TRANSFORMATIVE OPPORTUNITIES IN THE 
                 INFRASTRUCTURE INVESTMENT AND JOBS ACT

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

                             FIELD HEARING

                               before the

                      COMMITTEE ON INDIAN AFFAIRS
                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             SECOND SESSION

                               __________

                             JUNE 28, 2022

                               __________

         Printed for the use of the Committee on Indian Affairs
         
         
         
         
         
         
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                   U. S. GOVERNMENT PUBLISHING OFFICE 
 48-402 PDF                 WASHINGTON : 2022 
 
 
 
         


                      COMMITTEE ON INDIAN AFFAIRS

                     BRIAN SCHATZ, Hawaii, Chairman
                 LISA MURKOWSKI, Alaska, Vice Chairman
MARIA CANTWELL, Washington           JOHN HOEVEN, North Dakota
JON TESTER, Montana                  JAMES LANKFORD, Oklahoma
CATHERINE CORTEZ MASTO, Nevada       STEVE DAINES, Montana
TINA SMITH, Minnesota                MIKE ROUNDS, South Dakota
BEN RAY LUJAN, New Mexico            JERRY MORAN, Kansas
       Jennifer Romero, Majority Staff Director and Chief Counsel
        Lucy Murfitt, Minority Staff Director and Chief Counsel
        
                            C O N T E N T S

                              ----------                              
                                                                   Page
Field hearing held on June 28, 2022..............................     1
Statement of Senator Smith.......................................     1

                               Witnesses

Anderson, Hon. Keith B., Chairman, Shakopee Mdewakanton Sioux 
  Community......................................................     4
    Prepared statement...........................................     6
Baumann, Jeremiah, Chief of Staff, Office of the Under Secretary 
  for Infrastructure, U.S. Department of Energy..................    35
    Prepared statement...........................................    39
Benjamin, Hon. Melanie, CEO, Mille Lacs Band of Ojibwe...........     8
    Prepared statement...........................................    10
Chavers, Hon. Cathy, Chairwoman, Bois Forte Band of Chippewa.....    12
    Prepared statement...........................................    14
Dupuis, Sr., Hon. Kevin, Chairman, Fond du Lac Band of Lake 
  Superior Chippewa..............................................    17
    Prepared statement...........................................    17
Fowler, Elizabeth, Acting Director, Indian Health Service, U.S. 
  Department of Health and Human Services........................    30
    Prepared statement...........................................    32
Larsen, Hon. Robert, President, Lower Sioux Indian Community.....    21
    Prepared statement...........................................    23
Newland, Hon. Bryan, Assistant Secretary for Indian Affairs, 
  Department of the Interior.....................................    25
    Prepared statement...........................................    27
Savariego, Adam, Tribal Secretary, Upper Sioux Community.........    20

  --------------------------------

Additional Statement Submitted for the Record by Hon. Michael 
  Fairbanks, Tribal Chairman, White Earth Nation.................    53


                   INVESTING IN NATIVE COMMUNITIES: 
              TRANSFORMATIVE OPPORTUNITIES IN THE INFRASTRUCTURE 
                        INVESTMENT AND JOBS 
                                  ACT

                              ----------                              


                         TUESDAY, JUNE 28, 2022


                                       U.S. Senate,
                               Committee on Indian Affairs,
                                                    Prior Lake, MN.
    The Committee met, pursuant to notice, at 11:00 a.m. CST in 
the Minnetonka Conference Room, Mystic Lake Center of the 
Shakopee Mdewakanton Sioux Community, the Hon. Tina Smith 
presiding.

             OPENING STATEMENT OF HON. TINA SMITH, 
                  U.S. SENATOR FROM MINNESOTA

    Senator Smith. Good morning. The Committee will come to 
order.
    It is meaningful to convene this Committee hearing on the 
sovereign lands of the Shakopee Mdewakanton Sioux Community and 
I thank the Tribe for their generosity in hosting us.
    We are in the Minnesota River Valley, which has been the 
home to the Dakota people for many generations. This place that 
is now called Minnesota is the ancestral home of the Dakota and 
Anishinaabe people, and other indigenous people, who have lived 
in and cared for this beautiful part of the world for 
millennia.
    In this hearing, it is important to understand the 
government-to-government relationship between Minnesota tribes 
and the Federal Government. This is a relationship based on the 
Constitution, the laws and treaties between the United States 
and sovereign tribal nations, and it is our responsibility to 
respect and recognize these treaty responsibilities.
    In this spirit, I am proud to serve and represent 
Minnesota's tribal nations and urban indigenous communities on 
the Senate Indian Affairs Committee and on all the committees 
that I serve. I take this work seriously, because I have heard 
time and again from tribal leaders who have been frustrated by 
policy decisions being made without Native voices at the table.
    I know that the Biden Administration understands this and 
has taken a strong stance that the government-to-government 
relationships with tribal nations will not be taken for 
granted. The appointment of Secretary Deb Haaland to the 
Department of the Interior is historic for this reason. We were 
honored to welcome Secretary Haaland to Minnesota earlier this 
spring. During her visit she met with, I believe all of 
Minnesota tribal leaders, almost all, in a historic gathering 
that Senator Klobuchar and I also attended, along with 
Lieutenant Governor Flanagan and Representative McCollum.
    Being a partner for Minnesota tribes in Washington is a 
great honor for me, so I am very glad to chair this field 
hearing, and to welcome Assistant Secretary Newland, Acting 
Director Fowler, and Mr. Baumann from the Federal Government, 
to Minnesota to discuss the infrastructure priorities of tribal 
nations in Minnesota.
    I want to note that the last field hearing of this 
Committee in Minnesota took place at White Earth, where Senator 
Al Franken highlighted the importance of addressing the needs 
of tribal schools, especially Bug-O-Nay-Ge-Shig. In that field 
hearing, Senator Franken and then-Chair Byron Dorgan of North 
Dakota highlighted the appalling conditions at the school and 
others like it.
    After that hearing and with great perseverance by the Bands 
and Senator Franken, the school received a $16 million grant to 
rebuild. This is what happens when the Federal government-to-
government relationship works and when we hold field hearings 
like this one. We can start in these hearings to address the 
historic wrongs against Native and Tribal communities.
    So it is fitting that our topic is infrastructure, and 
especially how President Biden's Infrastructure and Jobs Act 
can benefit tribal nations. It is fitting because the Federal 
Government has long failed to live up to its promises and trust 
responsibilities to provide the roads, bridges, broadband, 
drinking water, and wastewater systems that Native communities 
need.
    For decades many Native communities have experienced the 
direct negative impacts of Federal underinvestment and 
underfunding of critical community infrastructure. Many roads 
in Native communities are primitive or in poor condition, 
hurting safety and hampering economic development. Native 
communities lag behind the rest of the Country in accessing 
broadband services. Just 46 percent of housing units on tribal 
land have access to fixed broadband. Native American 
households, particularly those on trust lands, are 19 times 
more likely to lack indoor plumbing, contributing to a 
significant disparity in health outcomes.
    Tribal nations are rich with cultural and economic 
opportunities, but it is difficult or impossible to realize 
these opportunities without adequate infrastructure. With these 
disparities in mind, the Infrastructure Investment and Jobs Act 
that passed at the end of last year is a transformational 
investment for all of Minnesota, and for tribal nations. It is 
the largest long-term investment in our Nation's infrastructure 
and competitiveness in a generation, and the biggest investment 
in infrastructure on tribal lands.
    The Infrastructure Bill will bring billions of dollars to 
Minnesota for roads and bridges, broadband, water 
infrastructure, and much more. And it must work for tribes, 
also.
    The purpose of this hearing to understand how these 
transformational infrastructure investments can benefit tribal 
nations in Minnesota. This bill has $13 billion for tribal-
specific programs and set-asides. I am committed to making sure 
these resources are equitably distributed and accessible to 
tribal nations, and that it can make a lasting impact.
    These $13 billion will help address the longstanding 
infrastructure inequities in tribal communities that impact the 
health and economic well-being and safety of Native peoples. 
Here are just a few highlights.
    There is $3.5 billion for Indian Health Service sanitation 
facilities that will make drinking water safe and improve 
sewage and waste disposal systems. There is $3.8 billion for 
roads and bridges on tribal lands, to make roadways safer for 
cars and pedestrians. There is $2 billion for broadband on 
tribal lands, which will improve access to education, 
telehealth, and economic opportunities. There is $200 million 
for climate resilience, so that tribal nations can plan for and 
implement responses to climate change.
    This bill can be a turning point for how the Federal 
government partners with Tribal Nations. I will do everything I 
can to support the work of Minnesota tribal nations to access 
these dollars.
    The tribal leaders who are here to testify today will speak 
directly to their priority projects, but I would like to lay 
out some broad priorities they have already shared. First, 
grant funding needs to be equitably distributed and accessible 
to tribal governments. Especially for smaller tribes, Federal 
applications and reporting requirements can be burdensome, and 
it often is difficult for smaller tribes to get access to even 
compete for these resources, even though their needs are great.
    It is also deeply challenging for tribes to be put in a 
position of competing with each other for infrastructure 
investments that they all need, and that have historically been 
underfunded. Through a robust consultation process, we need the 
Federal agencies overseeing distribution of funds to consider 
these challenges and to resolve them.
    Second, funding needs to be flexible. I strongly believe 
that these leaders and the governments they oversee, which are 
closest to the needs of their communities, know best what will 
work in their communities. We need to listen to them and create 
the flexibility they need to accomplish the most they can with 
the resources they have.
    Third, Minnesota tribes are ready to lead the way, they are 
already leading the way on clean energy and sustainability. We 
had an opportunity, Chairman Anderson, to see a little bit of 
what the Shakopee Mdewakanton community is doing with the 
organics facility. It is just one example.
    We can learn a lot from these smart, bold ideas that 
Minnesota tribal nations have been tackling on climate change, 
reducing emissions and putting their communities at the 
forefront of a clean energy future. From organics recycling to 
solar arrays, electric vehicle charging to PFAS mitigation, 
tribes in Minnesota are ready to put infrastructure funding to 
use to address this existential threat of climate change.
    I hope that this hearing will be an opportunity for our 
witnesses to engage with one other and with Congress to 
celebrate the opportunities for Indian Country in the 
Bipartisan Infrastructure Law, and to make sure this funding is 
equitably accessible and distributed to tribal nations across 
the Country and in Minnesota.
    Before I introduce our witnesses, I would like to extend a 
thank you to Chair Brian Schatz and Vice Chair Lisa Murkowski 
of the Senate Indian Affairs Committee. Although they are not 
with us today, I am grateful for their partnership, and for 
allowing this important field hearing to happen in Minnesota 
today. They both have a strong commitment to advocating for 
American Indian, Native Hawaiian and Alaska Native people. I am 
grateful for their leadership
    I also want to take a moment to thank staff, Connie Tsosie 
de Haro, and Breann Nu'uhiwa, from the Senate Indian Affairs 
Committee, for being with us today. And also thank my staff, 
Ravyn Gibbs and Anna McCloskey, for helping to put this 
important hearing together. A lot of work has gone into this, 
and I am quite grateful.
    I am now going to introduce our witness panel. We will 
start with the tribal leaders and come to the Federal 
Government witnesses. I would like to introduce first the 
Honorable Keith Anderson, Chairman of Shakopee Mdewakanton 
Sioux Community, Prior Lake, Minnesota; the Honorable Melanie 
Benjamin, Chief Executive Officer of the Mille Lacs Band of 
Ojibwe; the Honorable Cathy Chavers, Chairwoman of the Bois 
Forte Band of Chippewa, in Orr, Minnesota; and the Honorable 
Robert Larsen, ``Deuce'' Larsen, President of the Lower Sioux 
Indian Community in Morton, Minnesota; and the Honorable Kevin 
Dupuis, Chair of the Fond du Lac Band of Lake Superior 
Chippewa, Cloquet, Minnesota.
    In addition, we are grateful to recognize our Federal 
Government witnesses, the Honorable Bryan Newland, Assistant 
Secretary of Indian Affairs, U.S. Department of the Interior, 
Washington, D.C.; Elizabeth Fowler, who is Acting Director of 
the Indian Health Service, U.S. Department of Health and Human 
Services, and Jeremiah Baumann, Chief of Staff, Office of the 
Under Secretary for Infrastructure, Department of Energy, 
Washington, D.C.
    Thank you very much. We will start with the Honorable Keith 
Anderson.

    STATEMENT OF HON. KEITH B. ANDERSON, CHAIRMAN, SHAKOPEE 
                  MDEWAKANTON SIOUX COMMUNITY

    Mr. Anderson. Thank you, Senator Smith.
    I am going to run right into the oral piece of the letter 
that we had sent you earlier on our project. I want to thank 
you for the opportunity today to speak in support of the 
Federal investments in tribal infrastructure.
    As you have seen earlier today, my tribe, the Shakopee 
Mdewakanton Sioux Community, is guided by our Dakota values. 
This includes a tradition of living in harmony with our 
surroundings as all tribes do, and sharing our natural and 
material resources in abundance that we have with our 
neighbors. Our infrastructure, particularly all of our projects 
that help to protect the environment, is a big part of our 
commitment.
    Today I wish to highlight one noteworthy project that we 
had started years ago, approximately 10 years ago. It is called 
the Organics Recycling Facility. This was born out of a project 
that didn't start out to be just what it is, it was going to be 
much more. But I think our neighbors and even the State aren't 
ready for source separated laws, and materials that are 
required to be disposed of in certain ways. We haven't gotten 
to that.
    But as we call it, the ORF, that is the acronym for the 
Organics Recycling Facility, it is the natural process of 
breaking down our organics and the materials that would have 
been tossed into a landfill. Instead, we produce a high-quality 
compost and compost blends and mulch. We sell those products or 
donate them to local schools, cities, and non-profits. We have 
quite a list of those.
    From 2013 to 2020, the ORF accounted for 23 percent of all 
organic material composted in the Twin Cities metropolitan 
area. So a few years back, the Minnesota Pollution Control 
Agency set a statewide goal of recycling 75 percent of waste by 
the end of 2030. That is an ambitious goal to be met, and it 
can only be met if our facility dramatically expands its 
capacity.
    Our tribe is currently in the permitting phase to relocate 
the ORF to a new and more industrial location on our land in 
nearby Louisville Township. Our new ORF facility will be able 
to process up to three times the food waste we now handle. It 
will also incorporate the latest technology for efficient 
production odor containment.
    It will include a stormwater and PFAS, which is 
polyfluoroalkyl, it is a substance that comes from products 
that get into plastics and smaller pieces that might be in 
contamination, but you get it to a grind and compost small 
enough that it just becomes something you want to be able to 
contain should it rain. We want to prevent these chemicals from 
migrating into the groundwater in the Minnesota River.
    So we greatly appreciate your support of our $2.5 million 
request for Congressionally directed spending for community 
project funding in the Fiscal Year 2023. This would provide an 
80 percent Federal matching contribution against the roughly $3 
million stormwater system costs that we are going to incur. It 
is a component of our $20 million overall project cost.
    So we were pleased to see that last week, that the same 
$2.5 million request of our representative, Angie Craig, has 
been included in the House Committee on Appropriations draft 
list in the 2023 projects to be funded. We hope you are able to 
persuade your colleagues to include the same request in the 
Senate's draft Fiscal Year 2023 appropriations bill.
    Senator Smith and members of the Committee staff here 
today, the SMSC is grateful for the opportunity to showcase 
some of our projects and highlight some of our infrastructure 
that we have rebuilt on our homelands. We look forward to 
working with you and the Committee on mutual government-to-
government commitments and the rebuilding of Indian Country 
infrastructure.
    I want to make a point before I end. We are very, very 
fortunate here at Shakopee. But that doesn't mean that that 
carries forward to the rest of the tribes in Minnesota, or even 
the region and across the Country. For every one of us, there 
has to be at least 20 or more gaming facilities that provide 
the intent of tribal gaming, for jobs and for adding to the 
coffers. But they need all the help they have ever gotten; they 
need even more. Their needs are greatly unmet. I think this 
would be the start of something that would be very helpful for 
tribes across the Country.
    Pidamaya, thank you very much.
    [The prepared statement of Mr. Anderson follows:]

   Prepared Statement of Hon. Keith B. Anderson, Chairman, Shakopee 
                      Mdewakanton Sioux Community
Introduction
    Good morning. Thank you for this opportunity to testify on the need 
for federal support for the development of infrastructure in Indian 
Country so that all tribal communities can catch up to the rest of 
America.
Welcome
    Welcome to our reservation, where the ancestors of our community of 
Dakota people have lived for hundreds of years. And where we have cared 
for what we call U`ci Mak` a, or Grandmother Earth, as we have hunted 
wild game, fished in its rivers and lakes, and aligned our lives with 
its changing seasons. This reservation is our home and we cherish it, 
which is why we work so hard to make sure the infrastructure we need 
does not destroy the very earth that sustains our tribal Community.
Background
    Throughout history, Dakota culture has focused on the values of 
living in harmony with our surroundings and sharing our natural and 
material resources with our neighbors. These values continue to guide 
our tribal government decisions and our Community life today.
    In living out our culture, intertwined as it is with our natural 
surroundings, the tribal government of the Shakopee Mdewakanton Sioux 
Community, or SMSC, uses the latest science and technology to help 
protect and restore wetlands, aquifers, soils, air sheds, prairies, and 
forests, and to protect and encourage the ability of native plants, 
animals, and insects to make our lands their home. As a result, our 
reservation is home to land stewardship programs, different green 
technologies, and an organic garden, all of which enhance our 
commitment to a healthy environment.
SMSC Infrastructure
    Being a good neighbor, good employer, and good steward of the earth 
is a core part of who we are and what we do. Through partnerships and 
collaborations, we seek to embody Dakota values of helping others. All 
this would not be possible without our tribal government's strong 
defense of tribal sovereignty. Our sovereign authority as a federally 
recognized tribal government is the key to our efforts toward self-
sufficiency.
    The appropriate use of infrastructure, in the right places and in 
the right ways, is essential for our tribal Community to survive and 
thrive. That's why our tribal government has contributed millions of 
dollars to, and partnered with, neighboring governments to provide for 
mutually beneficial regional infrastructure such as roads, water and 
sewer systems, and emergency services. We share this earth with our 
neighbors, and together we must care for it.
    There are many examples of SMSC's commitment to enhancing 
infrastructure, from our state-of-the-art regional wastewater plant to 
our highway safety improvements to our fire, rescue, and medical 
emergency response equipment and services. But today, I wish to 
highlight just one, noteworthy project--our SMSC Organics Recycling 
Facility and some of the exciting new plans we have for this tribal 
enterprise.
SMSC's Organics Recycling Facility Infrastructure
    The SMSC Organics Recycling Facility, or ORF, is a unique project 
that our tribal government has operated for more than a decade on our 
reservation. The SMSC ORF reflects our Dakota tradition of care for the 
earth by recycling organic waste into useful materials through the use 
of innovative infrastructure investment.
    The ORF uses natural processes to break down organic material to 
produce compost and compost blends for retail and wholesale purchase. 
The resulting compost product is a nutrient-rich, natural fertilizer 
for gardening, farming, and landscaping. We also process wood to be 
used as mulch. Basically, we take what may have been tossed in a 
landfill and instead create high-quality compost, compost blends, and 
mulch.
    The ORF regularly accepts yard waste, Christmas trees, and 
Halloween pumpkins for free from Scott County residents who have, since 
2013, made more than 40,000 deliveries to our facility. The SMSC ORF 
also provides commercial customers as well as neighboring governments 
and school systems in our region with the opportunity to dispose of 
their paper, food scraps, tree stumps, and yard waste sustainably and 
productively. \1\ Our facility's close proximity to these metropolitan 
sources of waste means that our supply customers and hauling companies 
lower their carbon footprint, saving drive time and fuel costs. And, of 
course, our facility also recycles and repurposes organic waste from 
the SMSC's many tribal departments and enterprises on our reservation, 
including this Mystic Lake Center, the Mystic Lake Casino Hotel, Little 
Six Casino, and our natural food market Mazopiya.
---------------------------------------------------------------------------
    \1\ Scott, Carver, Dakota, Hennepin, Ramsey, and Washington County 
governments have used the SMSC ORF. As have the cities of Apple Valley, 
Arlington, Belle Plaine, Bloomington, Brooklyn Park, Burnsville, 
Chanhassen, Cologne, Columbia Heights, Eden Prairie, Edina, Golden 
Valley, Henderson, Hopkins, Hutchinson, Inver Grover Heights, Le Sueur, 
Lonsdale, Maple Grove, Mayer, Minneapolis, Minnetonka, Northfield, 
Norwood Young America, Plymouth, Prior Lake, Rosemount, Savage, 
Shakopee, St. Louis Park, St. Paul, Victoria, Waconia, Watertown, 
Woodbury. The ORF has also served agencies including the Metropolitan 
Airports Commission, Prior Lake-Savage Area Schools, Ramsey/Washington 
Recycling and Energy, Shakopee Public Schools, Shakopee Public 
Utilities Commission, St. Paul Academy & Summit School, and Three 
Rivers Park District.
---------------------------------------------------------------------------
    The SMSC ORF markets its composted products widely. It also donates 
compost soil and mulch to neighboring cities, schools, and nonprofit 
organizations. While minimizing waste is a significant benefit of 
composting, our compost and mulch products also improve soil structure, 
increase nutrient content, and work to ward off plant disease. Fertile 
soil has far greater moisture retention, allowing gardeners, 
landscapers, and business owners to use less water.
    Our SMSC ORF recycles an average of 70,000 tons of organic material 
each year on our 24-acre site, including 11,000 tons a year of source-
separated organics, or SSOs. Ours is one of only two large-scale 
composting facilities processing source-separated organics in the Twin 
Cities metropolitan area. From 2013-2020, the ORF accounted for 22.9 
percent of organic material composted in the metro area.
    In 2017, the Minnesota Pollution Control Agency adopted the 
Metropolitan Solid Waste Management Plan for the Twin Cities metro area 
that set a goal of recycling 75 percent of waste, which calculates to 
be a minimum of 616,000 tons of organics, by December 31, 2030. This 
ambitious goal can be met only if SMSC ORF dramatically expands its 
capacity.
The SMSC ORF Relocation and Expansion Infrastructure Project
    The SMSC recently announced that we have acquired industrial land 
in Louisville Township, nearby our main reservation, where we intend to 
relocate our SMSC Organics Recycling Facility in 2023. The relocation 
project is currently in the approvals and permitting phase, and the 
SMSC tribal government is actively collaborating with the Township, 
Scott County, and the Minnesota Pollution Control Agency in a mutually 
beneficial permitting process. Construction is expected to begin spring 
of 2023. The 60-acre site is zoned for heavy industrial uses and is 
located adjacent to the Dem-Con Landfill, the Bryan Rock Products 
Quarry, and the Renaissance Festival site.
    We have decided to relocate the SMSC ORF to increase our capacity 
to meet the metropolitan-scale demand for its services. The SMSC 
General Council, the highest governing body of our tribal government, 
has authorized a multimillion-dollar investment of tribal funds in 
order to enable this ORF relocation and expansion. Our new ORF facility 
will be able to process up to three times the food waste we now handle, 
part of an annual total of 172,000 tons of organics including 35,000 
tons per year of SSOs, when fully built out.
    Our new ORF will incorporate the latest technology and processes 
for state-of-the-art odor containment and efficient production, 
including an aerated static pile system and a storm water management 
system to contain polyfluoroalkyl substances, or PFAS. The diversion of 
organic waste from landfills to the new SMSC ORF will reduce carbon 
dioxide equivalent emissions by an estimated 21,000 metric tons per 
year at full capacity. Part of our relocation plan also involves making 
infrastructure improvements to the Highway 41 intersection, adding turn 
and by-pass lanes on Highway 41 near our site.
    The SMSC understands the value of investing in advanced technology 
to keep up with growing demands while eliminating harmful chemicals. A 
stormwater/PFAS management system is vital for organics recycling 
because the technology prevents PFAS from migrating into drinking water 
as well as the rest of the environment. The tribe's new facility will 
be located in an industrial area next to the Minnesota River valley, 
which requires additional protections to prevent chemicals from 
entering the groundwater and nearby surface waters. Stormwater/PFAS 
management will be a critical part of these protections.
    Senator Smith, the SMSC greatly appreciates your support of our 
$2.5 million request for FY 2023 congressionally directed spending or 
community project funding. The amount we have requested would provide 
an 80 percent federal matching contribution against the $3.125 million 
stormwater system cost component of the SMSC's $20 million overall 
project cost. The federally funded stormwater reclamation system will 
reuse all water runoff on the new ORF site (approximately ten million 
gallons annually) and allow the new ORF site to operate without 
discharges off-site even in extreme rainfall conditions.
    We were pleased to see just last week that the same $2.5 million 
request of our Representative, Angie Craig, has been included in the 
House Committee on Appropriations draft list of funded FY 2023 
projects, and we hope you, Senator Smith, along with Senator Klobuchar, 
are likewise able to persuade your Senate colleagues to include that 
same $2.5 million request in the Senate's draft FY 2023 appropriations 
bill in the coming weeks.
    SMSC will use this federal funding investment to complete the water 
reclamation system in our new ORF facility, providing a regional 
example of how best to protect surface water and ground water while 
operating an organics recycling facility when handling organic 
materials which may contain PFAS and other elements that give rise to 
environmental concerns.
Conclusion
    Chairman Schatz, Ranking Member Murkowski, Senator Smith, and 
members of the Committee, the Shakopee Mdewakanton Sioux Community is 
honored to host this field hearing on our reservation. We are grateful 
for the opportunity to showcase some of the infrastructure that we have 
rebuilt in our homelands. And we look forward to working with you and 
the Committee on expanding our mutual, government-to-government 
commitments to the rebuilding of Indian Country infrastructure. Thank 
you.

    Senator Smith. [Phrase in Native tongue.]
    Chief Executive Benjamin?

  STATEMENT OF HON. MELANIE BENJAMIN, CEO, MILLE LACS BAND OF 
                             OJIBWE

    Ms. Benjamin. Aaniin, Boozhoo. Good morning, Senator Smith 
and Members of the Committee. Miigwech for this opportunity to 
testify how Federal infrastructure investment can best help 
restore our Native homelands.
    As we talk about more Federal investment in tribal 
infrastructure, it is important that we consider the historical 
context. Until the 1990s, there was hardly any Federal support 
for infrastructure in Indian Country. The old joke was, you 
could tell where the reservation begins by where the pavement 
ends. We have a lot of catching up to do, and are grateful to 
you, your colleagues and the Biden Administration for making 
sure tribes were included in this historic legislation.
    In my written testimony I describe several projects we hope 
will soon be turned into reality for our Band communities. For 
example, special Federal funding is needed for our water and 
sewer extension project in the town of Isle. This will correct 
a disappointing decision by the town and Federal agencies to 
completely bypass our tribal neighborhood when the town 
expanded its water and sewer system.
    Senator Smith, we are grateful for your support of our 
request and your current efforts to persuade your colleagues in 
the Senate and House to appropriate the funds that will correct 
this modern-day miscarriage of environmental justice. Thanks to 
your efforts, we are partnering with Pine County to expand 
broadband service into underserved households and communities. 
Within the next two years, many of our Band members in Pine 
County will gain access to affordable, reliable and high-speed 
fiber broadband service. This will allow for innovative tele-
health services, remote work, educational opportunities, and 
economic connections.
    We are also grateful for your support of Federal funding to 
renovate and construct a business incubator building in 
Hinckley so we can support new and diverse businesses within 
our tribal economy. We are excited to see the return on these 
investments.
    These are some very exciting developments, but I will close 
with a request for caution. The Mille Lacs Band is very 
concerned about the impact of climate change on our environment 
and has already experienced its effects. Our pine and our maple 
trees are moving farther north, changing the habitat for our 
plants, animals, foods, and medicines. Even our ceremonies have 
been impacted because some plants we require are now much 
harder to find.
    Lawmakers are pursuing policies that support what they call 
a green economy in an effort to slow climate change. But too 
often throughout history, the solutions to problems in this 
Country have been at the cost of Indian tribes and people. We 
saw it with the railroads that crisscrossed our hunting and 
fishing grounds, disrupting our way of life. We saw it with 
toxic air and water pollution from transportation, farming, 
manufacturing, and electrical power production. And in our 
Great Lakes region, we have seen it from mining.
    Senator Smith, our people, our water, fish, and wild rice 
must not be treated as collateral damage to be sacrificed in 
the name of pursuing what some call green economic development. 
I speak of a proposed nickel-cobalt mine located in Tamarack, 
Minnesota. The mine is being promoted as a way to fuel electric 
vehicles which are seen as the silver bullet that might slow 
down climate change.
    The batteries for these cars currently require nickel. But 
there are only a handful of known places in the United States 
where high quality nickel has been found. This site is only 1.3 
miles from the Mille Lacs Bands and the homes of our tribal 
members in District II.
    The process of removing nickel from the earth is one of the 
most toxic and dangerous forms of mining in existence. There is 
very strong pressure from Federal, State, and industry to get 
that nickel out of the earth. The Mille Lacs Band of Ojibwe 
wants to be a part of the solution to climate change. But we 
cannot jeopardize the safety and welfare of our people, our 
drinking water, our lands, and our resources to solve a problem 
we did not cause.
    We ask the Senate Committee on Indian Affairs to assist the 
Mille Lacs Band in ensuring that infrastructure development for 
the Country does not mean environmental injustice for us.
    In conclusion, I want to say Miigwech to you, the Congress, 
and the Biden Administration for enacting the Infrastructure 
Investment and Jobs Act, and especially for the emergency scale 
infusion of Federal funding and authority into tribal 
communities. There is a stunning amount of backlogged need on 
our reservation and throughout Indian Country. The new 
infrastructure law is a promising good start and a better path 
to better opportunities for tribal communities, so we can catch 
up to the rest of America.
    Miigwech, Senator Smith, for holding this hearing in Indian 
Country, and for your support of our initiatives. We look 
forward to our continued partnership with the Committee on 
these issues.
    [The prepared statement of Ms. Benjamin follows:]

 Prepared Statement of Hon. Melanie Benjamin, CEO, Mille Lacs Band of 
                                 Ojibwe
    Aaniin, Boozhoo (Greetings in Ojibwe). Good Morning, Senator Smith 
and Members of the Committee. My name is Melanie Benjamin and I am the 
Chief Executive of the Mille Lacs Band of Ojibwe. We have three 
districts in east-central Minnesota: District I is located on the 
shores of Mille Lacs Lake; District II is located near McGregor, 
Minnesota; and, District III is located near Hinckley, Minnesota.
    Miigwech (thank you in Ojibwe) for this opportunity to testify on 
how federal infrastructure investment can best support the restoration 
of our Native homelands.
    Our Mille Lacs Reservation was established by the 1855 Treaty with 
the Chippewa, which set aside more than 61,000 acres along Lake Mille 
Lacs for the Mille Lacs Band. In the decades that followed, our 
ancestors refused to yield to the federal and non-Indian pressures 
trying to force them to abandon our Reservation homelands. Even when 
our Reservation homes were burned down, our villages flattened, our 
timber cut down and stolen, and our agriculture and other property 
destroyed, our ancestors stood their ground. As a result, we became 
known as the Non-Removable Mille Lacs Band of Ojibwe.
    As we today look at the promise of federal investment in our 
Reservation infrastructure, we must acknowledge that, for far too long, 
railroads and other infrastructure investments were a one-way street 
that facilitated the theft of our Reservation resources. As a few 
members of this Senate Committee on Indian Affairs noted in a report in 
1900, 122 years ago: ``Out of the tangle of verbiage of which treaties, 
laws, and rulings are composed[,] the Indians of the Mille Lac 
Reservation are able only to realize that somewhere in their dealings 
with the white race bad faith has been extended to them.''
    Today, the Mille Lacs Band is committed to partnering with the 
federal government to change this; we need to make federal 
infrastructure investment in and around our Reservation a two-way 
street for the mutual benefit of the Mille Lacs Band and our neighbors. 
I want to describe several projects we hope will soon be turned into 
reality in our Reservation Tribal communities.
Isle Water/Sewer Extension Project
    In the last two decades, the Town of Isle, which is within our 
Mille Lacs Reservation, has secured federal and state infrastructure 
funding to build and rebuild its municipal water and sewer system. 
Unfortunately, the Town's plan, and the federal and state funding for 
it, completely by-passed a Tribal neighborhood in Isle populated mostly 
by Band member households. In a time when environmental justice is in 
the spotlight, this was extremely disappointing. Many Band members 
continue to rely on well water as their primary source of drinking 
water and this critical water source has at times been compromised by 
septic system and groundwater contamination, posing significant health 
and safety risks to our community.
    Consequently, the Mille Lacs Band has requested congressionally 
directed spending for a special, Mille Lacs Band Isle Water Extension 
Project that will construct a water and wastewater system to connect 
the existing Isle municipal system with our Tribal neighborhood in 
Isle.
    The Band's Project will connect approximately 85 Equivalent 
Dwelling Units (EDUs) near the intersection of Minnesota State Highways 
27 and 47 east of Highway 169. Our project is currently in the design 
phase but will be ready to build in 2023 if funded in FY 2023. It 
supports the goals of the Safe Drinking Water Act by ensuring the 
responsible and sustainable development of water and wastewater 
infrastructure, both of which are essential for Band members and non-
Indians who reside within the City of Isle and must otherwise rely on 
shallow wells for drinking water. It also supports the Clean Water Act 
by protecting Mille Lacs Lake, one of the largest and most popular 
trophy fishing lakes in Minnesota that also contains valuable, treaty-
protected fish and water assets held in federal trust for the Band. It 
will relieve pressure on lake ecosystems created by recent lakeshore 
development and will enhance public health by protecting drinking water 
from septic system and groundwater contamination.
    The Band's Isle Water Extension Project is a $5,307,000 project, 
for which the Band is requesting $4,245,000 in FY 2023 congressionally-
directed spending to add to the Band's 20 percent matching 
contribution. Miigwech to you, Senator Smith, for joining with Senator 
Klobuchar in supporting our FY 2023 request for congressionally-
directed spending. We hope your colleagues in the Senate and House will 
agree with you that this modern-day miscarriage of environmental 
justice must be quickly rectified.
Pine County Broadband Project
    Since the Band and its neighbors share some rural areas that have 
been chronically under-served by communications infrastructure, the 
Band joined with Pine County in requesting FY 2022 congressionally 
directed spending to expand broadband service into more remote areas of 
Pine County where over 4,800 people live and where hundreds more visit 
and work at St. Croix State Park, St. Croix State Forest, the Band's 
Pine Grove Academy, the Band's Health and Human Services facility, and 
many other small businesses and resort communities. We were quite 
pleased when Congress agreed to fund our FY 2022 request as supported 
by Senators Smith and Klobuchar, in the amount of $5,576,250. Miigwech 
for your leadership on this, Senator Smith. As a result, in the next 
two or so years, many of our Band members in Pine County will gain 
access to affordable, reliable and high-speed fiber broadband service 
for innovative telehealth services, remote work, educational 
opportunities, and economic and social connections.
Tribal Economy Business Incubator Project
    The COVID-19 pandemic devastated Tribal communities across America 
and revealed to a broader audience the weakness of Indian Country 
economies. Decades of underdevelopment have created outsized 
consequences and disparities within Tribal communities.
    In our region, studies show that public administration is the only 
growing base industry sector. There is widespread interest in increased 
entrepreneurship and in growing the number of locally owned businesses 
and creating paths for start-up success. This takes facility space and 
communications infrastructure, both of which we lack on our 
Reservation.
    In response last year, the Band requested $1.3 million in FY 2022 
congressionally directed spending to renovate and construct a business 
incubator building in Hinckley to enable the creation of new 
businesses, build wealth, help establish a robust entrepreneur 
ecosystem, create greater industry diversity within the Mille Lacs 
tribal economy, and help historically underrepresented persons build 
wealth and better participate in the broader economy. This 
infrastructure resource is reducing barriers to entrepreneurship, 
boosting the economic and social wellbeing of the region, particularly 
for Mille Lacs Band members, and supporting the ongoing development of 
our community as a whole.
    We were so pleased earlier this year when Congress appropriated 
$1.3 million in the FY 2022 budget to fund the request made by Senators 
Smith and Klobuchar in support of our Tribal Economy Business Incubator 
Project, to which the Band contributed an additional $822,300. We are 
eager to see the return on these investments. Miigwech to you, Senator 
Smith, for making this possible.
Tamarack Talon Mine
    I will close with a word of caution. The Mille Lacs Band of Ojibwe 
works very hard to be a progressive government. We believe in finding 
new and innovative ways of making progress for our people and 
surrounding communities. We need our Reservation infrastructure to 
catch up to the rest of America. As the original environmentalists, we 
welcome the growing concern about the environment and how to best 
battle climate change caused by human activity.
    However, plans that some might define as ``progress'' can literally 
overrun a way of life and a culture. We saw it with the railroads that 
crisscrossed our hunting and fishing grounds, disrupting our way of 
life. We saw it with toxic air and water pollution from exploding 
transportation, farming, manufacturing, and electrical power 
production. And in our Great Lakes region, we've seen it from non-
ferrous mining of minerals and precious metals.
    Our challenge today is that we are finding we must battle to 
preserve our environment here at home because it is being treated as 
mere collateral damage that others are ready to sacrifice in their 
effort to battle climate change and pursue greater economic 
development. I speak of the proposed nickel-cobalt mine in Tamarack, 
Minnesota. That mine is to be located within a mile or two of the Mille 
Lacs Band lands and the homes of our Tribal members in District II. It 
is being promoted as a way to fuel electric vehicles which are seen as 
a ``silver bullet'' that might slow down climate change. The batteries 
for these cars currently require nickel. And there are only a handful 
of known places in the United States where nickel has been found--right 
where our precious water, fish and wild rice have sustained our culture 
and people for generations.
    The process of removing nickel from the earth is one of the most 
toxic and dangerous forms of mining in existence. Nickel mining has a 
100 percent track record of polluting the environment. This Talon Mine 
project is being watched around the world. There is very strong 
pressure from federal, state, industry and international interests to 
get that nickel out of the earth. Our water, fish and wild rice--our 
way of life--are all in the way.
    As Anishinaabe, it is our sacred duty to take care of the gifts the 
Creator gave us. The Mille Lacs Band of Ojibwe wants to be part of the 
solution to climate change. But we will not jeopardize the safety and 
welfare of our people . our drinking water . our lands . and our 
resources . to solve a problem we did not cause. Infrastructure 
development must not sacrifice indigenous rights.
    As the Mille Lacs Band government, we will do whatever is necessary 
to protect our environment and cultural resources . because like our 
language . they are critical to our identity. Along with being 
caretakers of our language and culture, being caretakers of the earth 
is who we are. We ask that the Senate Committee on Indian Affairs 
assist us in ensuring that infrastructure development does not destroy 
us and our way of life.
Conclusion
    The Infrastructure Investment and Jobs Act provided an emergency-
scale infusion of federal funding and authority to Indian Country. The 
Mille Lacs Band strongly supported its enactment and is actively 
engaged in helping federal agencies to implement it effectively. There 
is a stunning amount of backlogged need on our Reservation and 
throughout Indian Country. Overcrowded, remote and aging buildings 
demand replacement. All-weather transportation facilities are 
critically needed for year-round public safety, education, jobs, and 
commerce. Green energy networks must be adapted and extended to rural, 
remote Tribal community locations. Antiquated communications systems on 
Reservations must be brought into the 21st century. New water and 
sanitation systems are essential for our health and the health of the 
environmental resources held for us and future generations by our 
trustee--the United States government.
    Isolated Tribal communities from rural Minnesota to villages in 
Alaska deserve a better chance of connecting to the health, 
educational, employment and market resources enjoyed by the rest of 
America. The Infrastructure Investment and Jobs Act is a promising, 
good start on the path to better opportunities for Tribal communities. 
It is now up to us to run this race to catch up to the rest of America. 
We have made great progress in recent decades but we have much, much 
more to do.
    Miigwech, Senator Smith, for holding this hearing in Indian Country 
and for your support of our initiatives. We look forward to our 
continued partnership with the Committee to ensure that our tribal 
communities have equitable access to infrastructure resources and 
equitable justice in protecting our environment and resources.

    Senator Smith. Miigwech, Chief Executive Benjamin. Thank 
you.
    Chair Chavers, welcome.

STATEMENT OF HON. CATHY CHAVERS, CHAIRWOMAN, BOIS FORTE BAND OF 
                            CHIPPEWA

    Ms. Chavers. Thank you, Senator Smith. Ahneen, Boozhoo. My 
name is Cathy Chavers and I am the Chairwoman of the Bois Forte 
Band of Chippewa. I am also the current President of the 
Minnesota Chippewa Tribe which includes the six Chippewa bands; 
White Earth, Mille Lacs, Fond du Lac, Leech Lake, Grand 
Portage, and Bois Forte. I am very honored and humbled to be 
testifying to you today on the Infrastructure Bill.
    I just want to briefly give you a little information about 
Bois Forte. We are a small, rural tribe located in northeastern 
Minnesota, 50 miles from the Canadian border. We only have 
approximately 3,500 tribal enrolled members. We have three 
sectors of our reservation which located many miles apart.
    I have been the tribal chair and on the council since 2016 
but I have worked for the tribe for over 30 years in healthcare 
and education also. I have witnessed how the Band and other 
tribes have struggled with the inadequate funding throughout 
all our programs in the many years I have worked.
    I would like to talk about the flexibility and the ability 
to have the guidelines that are going to be set forth by the 
Infrastructure Bill to allow tribes to use it in a manner that 
meets our needs and not what the government feels our needs 
are. The reason is right now, we have a sewer system at one of 
our communities, Indian Point, that we want to pipe underneath 
the lake to put our sewer system into the city of Orr sewer 
system. I don't know if any of those categories would fit that, 
but that is a unique need that Bois Forte has.
    The tribes are unique with the needs that we have for 
infrastructure. Due to inadequacies of funding throughout the 
years, basically we don't have the infrastructure in place that 
we need to have. We have individual septic systems that need 
upgrade. We have a community where 20 to 30 of our drain fields 
are failing, but we don't have funding to fix them.
    So when you are talking about smaller tribes in rural 
Minnesota, I really applaud the accomplishments of these tribes 
that have talked before me. We don't have those opportunities. 
We have critical needs at Bois Forte because we don't have the 
data for applying for grants. We don't have the staff.
    The monumental amount of money that we received from ARPA 
and the COVID pandemic and now the Infrastructure Bill is 
really placing a hardship on our staff with reporting 
requirements, all the backlog of data that we need that we 
can't get. The financial part of it is really stressing out our 
accounting department. They are overwhelmed.
    We have 300-plus grants within our small tribe that we have 
to manage along with our small accounting staff to do the ARPA, 
the COVID and now the Infrastructure Bill. Administrative costs 
would be very helpful for smaller tribes to get the staffing 
that we need to help with that big backlog of work that is 
involved with these monies.
    The other thing is that when we apply for all these grants, 
please don't make them competitive. We shouldn't have to 
compete against our neighbors. With smaller tribes, we don't 
have the staff. People wear many hats at small tribes.
    We need GIS services, for example, at Bois Forte. We can't 
get the data to fill in for some grants or applications that we 
want to apply for, because we don't have it. It is very 
expensive. We are very remote. We are not near a city. We are 
65 miles from a city.
    So water and sewer, we also have ponds that need to be 
expanded. In order to get more housing, there is such a lack of 
housing in northeastern Minnesota, we need more infrastructure, 
more water and sewer put in. But our ponds also need to be 
expanded. IHS has their SDS list, but their funding is 
inadequate to meet that need. They help us so much with so 
little money, but they need a lot more to even get us to where 
we can actually manage our own programs and help our people 
out. It takes many years to get the need on the SDS list 
through IHS to even get us to where we need to be today.
    Climate resiliency, because Bois Forte is so small, we 
don't even have a program that deals with climate resiliency. 
We don't have the staff. We need an updated water quality lab. 
We have the best wild rice in the world, and our dam is in the 
process of failing. If we lose our dam, we lose our lake, it 
will drain our lake, we will lose our rice and there will never 
be Nett Lake wild rice again.
    Our fish ladders are not working. We are working, we 
declared a state of emergency on our dam. The waters have 
flooded up north in northeastern Minnesota. Last year was a 
drought. Mother Nature plays her many courses with us.
    But we need a lot. Small tribes need a lot. Rural tribes 
need a lot. Our roads are inadequate. We need equipment. 
Sometimes we can't purchase equipment. We need a grader for our 
reservation roads so our tribal members can go hunting and 
gathering in the woods for their traditional medicines and 
berries.
    We just need adequate funding and resources to deal with 
climate change and resiliency. How is it impacting our wild 
rice? How do we do that?
    Workforce is another issue that is really affecting the 
tribes. We can't recruit any staff in rural Minnesota. We can't 
compete with the outside world. We can't. We just cannot get 
the adequate people that we need to run our programs. We need 
change.
    So what I would like to say in my testimony today is that 
some of the items I just listed are some inadequacies we have 
at Bois Forte. I have tried to list some of the important ones, 
like GIS, our dam. But we really need the flexibility, and we 
also need a formula that will work for all tribes.
    Bois Forte just acquired 28,000 additional acres in the 
past two weeks from the PotlachDeltic Corporation. We are a 
timber industry up north, we have lots of trees, and mosquitos. 
Huge mosquitos. But the thing is, if land base is going to be 
used, I am not sure what the formula is for this distribution 
or how it is going to be distributed, tribes need input on 
that. Because right now, that land is not within the BIA 
registry. It was just two weeks ago. But that was the largest 
land acquisition in Indian Country, in this Country and in the 
State of Minnesota.
    But I just want to say that we very much appreciate all the 
recent funding opportunities that we as tribes have been able 
to get. It has been almost like Christmas for us every day. We 
have never had that much money to deal with as tribes. We have 
always been dealing with inadequacies and making our dollars 
stretch. It has been very unusual.
    But as Chairman Dupuis has always said, we have been the 
most regulated people when it comes to programs and services. 
We make the best of whatever funding or situations that arise.
    So I hope that through our testimony today that you will 
listen to the tribes, their accomplishments, and us tribes that 
don't have the resources, people, or funding to do the things 
that we want to do.
    Again, Chi Miigwech, thank you very much for allowing Bois 
Forte's voice to be heard in this testimony today. Thank you.
    [The prepared statement of Ms. Chavers follows:]

 Prepared Statement of Hon. Cathy Chavers, Chairwoman, Bois Forte Band 
                              of Chippewa
    Boozhoo Ahneen, my name is Cathy Chavers and I am the Chairwoman of 
the Bois Forte Band of Chippewa. I am also the current President of the 
Minnesota Chippewa Tribe which includes the six Chippewa bands; White 
Earth, Mille Lacs, Fond du Lac, Leech Lake, Grand Portage and Bois 
Forte. I am very honored and humbled to be testifying to you today on 
the infrastructure bill.
    I want to briefly tell you some information about Bois Forte, just 
so you have an idea of who and where we are located. Bois Forte is 
located in extremely rural northeastern Minnesota. We have 
approximately 3600 enrolled tribal members enrolled within our tribe. 
There are three sectors of the reservation located many miles apart 
which include the Vermilion sector, located near Tower, Minnesota, the 
Nett Lake Sector which is the main sector of Bois Forte and the Deer 
Creek sector that has no tribal members living there. We have 
approximately 500-600 people who reside in Vermilion and Nett Lake. A 
majority of our tribal members live in the state of Minnesota.
    I have been the Tribal Chairwoman for Bois Forte since 2016 and 
worked for the tribe 30+ years in the areas of education and 
healthcare. We know that historically the federal government has not 
fulfilled their trust responsibility. Throughout my years as a tribal 
leader and employee, I have witnessed the band struggle with inadequate 
funding throughout all our programs. Historically, this lack of funding 
has created great inadequacies and disparities throughout all bands. 
These shortfalls are Especially prevalent in the areas of tribal 
infrastructure.
    Due to the pandemic, we as tribes have seen instrumental and 
substantial amounts of funding that have never been seen before. What 
we have learned from this historic funding that we have received from 
the U.S. Treasury for the pandemic and issuance of ARPA funding, is 
that the tribes would benefit from consultation on how the 
determination of funding is decided. As we have experienced with the 
various formulas that were initiated from the US Treasury, some tribes 
benefit, and others do not. This infrastructure funding for the 
betterment of Bois Forte should be based on square miles, acreage, etc. 
and not just solely on census date or population. Government agencies 
need to consult with tribes to get a better understanding of our 
limitations in various aspects due to inadequate funding such as 
additional administrative costs being allowed. The need for federal 
agencies will fund programs new or existing but do not provide adequate 
funding for administration and operating costs for programs to continue 
and be successful. These costs are then the responsibility of the tribe 
which the tribe cannot sustain, or support and the tribe loses the 
program which was very much needed. Sad to say but this is an on-going 
issue for many tribes.
    With the infrastructure bill, we need to be allowed to have the 
administrative costs to add additional personnel to assist the tribes 
with these various funds being allocated. A small tribe as Bois Forte 
does not currently have the capacity due to current ARPA funding and 
now with new funding to be appropriated. Our current staff is stressed 
and current out with the additional workloads, responsibilities and 
reporting requirements from the previous pandemic funding to have to 
take on more work. Another way to help tribes is to make funding 
categories and uses more flexible to meet the needs of the tribes. 
Tribal needs are at times unique situations that do not fit into the 
federal governments categories to expend the funds. Tribes have limited 
staffing capabilities to also apply for any competitive grants. It also 
is not in any tribe's best interest to have to compete for grants 
against ones another. There needs to be noncompetitive grants allocated 
or a non-restrictive direct allocation (which Bois Forte prefers) to 
the tribes bypassing the federal agencies bureaucracy. Too many times 
funding is allocated late with short timelines for spending and or too 
many obstacles/hurdles to jump through to access the funding.
    I will be breaking down Bois Forte's comments within the following 
categories:
Critical Needs
    I am not sure if you are aware of Bois Forte's recent land 
acquisition of 28,000+ acres of land within the reservation boundaries 
this past week or two. We are extremely excited but will also need to 
import our newly acquired land acreage into our BIA inventory list. If 
infrastructure funding for roads is based upon existing inventory, it 
would be critical for Bois Forte to get this new land into the current 
inventory list.
    One area that is extremely critical for Bois Forte is GIS. We 
currently to not have the funding, equipment or resources to have this 
very valuable service which is needed for all areas of infrastructure 
such as precise road inventory data, water and sewer shut off markings, 
allotment and parcel boundary markings for example. We need this 
important data for any type of grant and other funding opportunities in 
Bois Forte's future. We currently lack in the areas mentioned when 
applying for funding.
Energy
    Due to our rural location and having limited access to energy 
resources, we can see the need for more energy efficiency opportunities 
such as LED lighting for all reservation buildings, programmable HVAC 
systems to allow for controllable heating and cooling after employee 
hours to reduce heating and cooling costs, back-up generators, HVAC 
replacement and funding for replacement parts and labor due to old and 
inundated equipment.
    Bois Forte would be extremely willing to have solar farms in 
multiple locations throughout the reservation, but that would require 
the electrical infrastructure grid to be updated throughout the entire 
reservation and perhaps electrical substations to be built close to the 
reservation. We are working closely with our local electricity 
providers to work on the issues that we both have currently and for 
years to come.
    Renewable energy, electric cars and charging stations in and around 
Bois Forte is a high priority as well. There currently are no charging 
stations available on or near the reservation, so this is very much 
needed. We currently have a Housing area of approximately 30 homes that 
has outdated and inadequate electrical boxes to meet any car charging 
needs in the future.
    We also need extensions of our emergency siren alert system for 
emergencies to our current communities in Nett Lake and Vermilion, plus 
upgrades and additional communities to ensure the safety and lives of 
our families. Helipads in both Nett Lake and Vermilion communities for 
access of Life flight-air ambulance is also a priority as the nearest 
trauma center is over 100 miles away.
Water and Sewer
    Bois Forte abides by the Clean Water Act under federal law. 
Infrastructure needs in the area of water and wastewater is an 
extremely high need at Bois Forte. We see the dire need for future 
expansion of our water and wells throughout the entire Bois Forte 
Reservation, Nett Lake and Vermilion communities. Expansion of water 
and sewer, pond expansion, sewer replacement, failing drain fields in 
our housing area where there is no funding to replace them. We do have 
as SDS list through Indian Health Service however funding for these 
projects can take years from now. We have various types of housing, 
such as HUD, low rent, tax credit, recreational, private homeowners.
    Current water and wastewater systems also need to be established to 
provide additional housing in our area. Lack of adequate housing and 
apartments contribute to difficulty in recruiting employees to fill 
open positions and no place for families to live. We have been tasked 
with providing for the next seven generations according to our culture 
but without the proper and updated infrastructure that will hinder this 
immensely.
    We realized that we need collaborations and partnerships with area 
towns, municipalities etc. An example of how this can happen is the 
Indian Point community sewer system. This system is and has been a 
problem at Bois Forte. We will have the opportunity to if given the 
funding to connect to the waste system in the City of Orr to alleviate 
this problem. This would entail installing a underground piping system 
under the lake to the City of Orr to connect. Orr's current system is 
only at 25 percent of its full potential. We can also connect our 
neighbors as well to enhance our area for housing. As a smaller tribe 
we look to our neighbors and others as we know that we cannot do many 
things on our own due to our small size and funding shortfalls or 
restricted requirements for funding.
Climate Resiliency
    Bois Forte is what we consider to be rich in natural resources with 
our vast amount of forest, streams and lakes. Nett Lake is well known 
for having the best wild rice in the world. We have our lake that grows 
our wild rice where we do not allow any type of motorized vehicles on 
our lake which allows our rice to be considered ``organic''. Our 
current dam that controls the lake is failing along with our fish 
ladder and we are barely maintaining preventative measures to keep the 
dam from totally failing and then emptying our lake which in turn will 
be the end of Nett Lake wild rice forever. We have failed to find 
funding to properly address this project, due to this, our own DNR 
department is going to install rock arch dam which will allow the fish 
to get to the lake and will be less mechanical and more natural.
    We currently do not have funding or resources available to work 
specifically with climate change. We consider ourselves a tribe rich in 
our natural resources but not rich financially. In order to deal with 
climate resiliency, we need adequate funding to update our current 
water quality lab and other resources to develop this type of program. 
At Bois Forte, we have no one dedicated to this extremely important 
issue.
Workforce
    Workforce development has turned into a huge and difficult issue at 
Bois Forte. We are located 65 miles from any city one way on where to 
recruit staff for various positions. This is especially difficult in 
rural areas. The pandemic brought broadband to the forefront for 
teleworking, meetings, telemedicine and schooling. There is and always 
will be a need for broadband especially with upgrades to equipment, 
supporting data infrastructure software and much more. Bois Forte 
currently has an aging workforce and limited funding for educating and 
getting qualified staff in technical areas such as IT, water and 
wastewater operators, wildlife biologists, GIS and support staff in the 
areas of administration such as accountants. It is difficult for small 
tribes to compete with off reservation entities that can offer more pay 
and other perks or benefits. Programs for technical training would be 
welcomed with open arms and on reservation would alleviate the 
transportation issue that is in rural areas. Bois Forte is trying to 
implement succession planning for our organization but again lack of 
funding is a barrier.
Summary
    The items listed in my testimony are just some of the inadequacies 
we have at Bois Forte. I have tried to list some of the more important 
infrastructure projects but there are more and always will be more. I 
appreciate and again am honored to be able to testify today on behalf 
of Bois Forte but also on behalf of the smaller rural tribes who 
struggle to meet their community's needs. We are very much appreciative 
of the recent funding opportunities, as this again is very unusual for 
us in Indian Country. We have been the most regulated people when it 
comes to programs and services, and we make the best of whatever 
funding or situations that arise.
    Again, Chi Miigwech (Thank you very much) for Bois Forte's voice to 
be heard in this testimony today.

    Senator Smith. Miigwech, Chair Chavers. Thank you very 
much.
    We will now turn to Chair Dupuis, from Fond du Lac. 
Boozhoo.

STATEMENT OF HON. KEVIN DUPUIS, SR., CHAIRMAN, FOND DU LAC BAND 
                   OF LAKE SUPERIOR CHIPPEWA

    Mr. Dupuis. [Greeting in Native tongue.] Hello, everybody. 
Miigwech for this hearing. It is good to see everybody. Senator 
Smith, thank you so much, members of the Committee.
    I can't believe I am going to say this, but I have to say 
it. I don't know what the protocol is, but I am going to give 
up my time for this today. You have my white paper. I have 
always spoken what I believe I need to speak and how I should 
say it. I never read from a piece of paper.
    But where we are today with this, we have 11 tribes in the 
State of Minnesota. Again, you received our white paper, so you 
know the concerns of Fond du Lac and what we have with that. It 
is an opportunity for all 11 tribal leaders that could be here. 
Hopefully in the future we can set this up again in a manner so 
they are all here to speak.
    I don't know what the protocol is, but I would like to give 
up my time for the representative for Upper Sioux, if that is 
possible. Miigwech.
    [The prepared statement of Mr. Dupuis follows:]

  Prepared Statement of Hon. Kevin Dupuis, Sr., Chairman, Fond du Lac 
                     Band of Lake Superior Chippewa
    Chairman Schatz, Vice Chairwoman Murkowski, and respected members 
of the Committee, I am Kevin Dupuis, the Chairman of the Fond du Lac 
Band of Lake Superior Chippewa. On behalf of the Fond du Lac Band of 
Lake Superior Chippewa, I would like to thank you for inviting me to 
testify. We submit this testimony in support of the significant and 
much needed funding provided in the Infrastructure Jobs Act (IJA).
    As we talk about funding for infrastructure in Indian country, it 
is essential to keep in mind that the problems that communities face 
nationwide are far more severe for Indian communities. Tribes have 
greater infrastructure, economic and social deficits than other 
populations and historically have been left behind when it comes to 
ensuring federal funding at levels necessary to build basic 
infrastructure. Even in February of 2020 before the COVID-19 pandemic 
started, Native Americans had a higher unemployment rate than other 
racial groups, with a 7.5 percent unemployment rate. \1\ According to 
2016 census data, the median household income of American Indian and 
Alaska Native households in 2016 was $39,719 compared $57,617 for the 
nation as a whole. \2\ That data showed Native American poverty at a 
rate of 26.2 percent compared to 14 percent for the rest of the 
population. \3\ Native Americans have also historically lacked access 
to clean water and sanitation infrastructure. \4\ An estimated one in 
ten Native Americans lack access to clean water or basic sanitation. 
\5\ The Fond du Lac Band has worked, and will continue to work, to find 
solutions to problems of this kind and we appreciate Congress' 
recognition of and support to meet the needs for more infrastructure 
funding in Indian country. We hope this is a trend that will continue.
---------------------------------------------------------------------------
    \1\ https://www.brookings.edu/blog/the-avenue/2022/02/09/despite-
an-optimistic-jobs-report-new-data-shows-native-american-unemployment-
remains-staggeringly-high/. Native Americans are recovering slowly. In 
January 2022 the unemployment rate among Native American workers was 
11.1 percent, well above 4.4 percent for the rest of the economy. Id.
    \2\ https://www.census.gov/newsroom/facts-for-features/2017/aian-
month.html.
    \3\ Id.
    \4\ https://www.latimes.com/world-nation/story/2021-06-26/native-
americans-clean-water
    \5\ https://www.theguardian.com/us-news/2021/apr/28/indigenous-
americans-drinking-water-navajo-nation; See also https://www.kunc.org/
environment/2021-12-08/many-tribal-homes-dont-have-clean-water-and-the-
road-to-getting-it-is-lined-with-hurdles (estimated 49 percent of 
tribal homes lack access to clean water or sanitation)
---------------------------------------------------------------------------
    When we have resources to address our infrastructure needs, the 
Band has been able to make significant strides in improving the 
conditions on our Reservation that will continue to have positive 
impacts on the health and welfare of our members. We have proven time 
and time again that we know how to leverage federal funding to the 
maximum extent possible and build successful, but much needed, 
projects. For example, prior to the COVID-19 pandemic we were 
successful in applying for and receiving multiple grants to complete a 
``Fiber to the Home Network'' throughout our Reservation. This project 
was critical in helping us when the COVID-19 pandemic erupted and our 
members had to switch to remote learning and working. By becoming our 
own Internet service provider, we have been able to control rates to 
make sure they stay affordable for our community. This has a made a 
significance difference in ensuring access to such an important and 
needed infrastructure service for our members.
    We have also been successful in utilizing federal funding to build 
up our Food Sovereignty Infrastructure. Our mission is to build a 
sovereign, holistic food system, which is rooted in Anishinaabe values 
that is environmentally responsible and empowers a thriving resilient 
community. We have been slowing building and expanding our capabilities 
since 2009 as resources have allowed. We cannot have food sovereignty 
without basic infrastructure to support a growing tribal community. We 
have had to develop agricultural infrastructure, including farm 
development, food processing and storage facilities, as well as secure 
and developed water capabilities. We have also been able to develop and 
built a geodesic growing dome and have invested in equipment 
infrastructure.
    This infrastructure has been critical to not only ensuring that our 
members have access to healthy foods given the significant increases in 
food costs and inflation but is helping to improve the health outcomes 
and build resiliency for our members. Since the beginning of 2022, we 
have held multiple feasts, harvested over 500 pounds of produce from 
our geodesic green house, supported our Farm to School program and 
Elderly Nutrition Program with farm fresh produce, and hosted 
workshops, tours and community groups. There are over 40 producers 
participating in our producer training program in partnership with Fond 
du Lac Tribal Community College, and about eight of those producers 
have created businesses or are selling at farmers markets. We provide 
weekly classes and have opportunities for our members to gain hands-on 
experience in environmentally sustainable farm development practices, 
including on a small home-level scale.
    We are excited about the opportunities that the IJA provides to 
continue to build on our successes, though we are still working on 
fully understanding all those opportunities. We applaud the 
Administration's on-going efforts to implement the IJA and assist 
tribes in accessing funding. We also appreciate Congress' interest in 
ensuring careful implementation of the IJA and have several 
recommendations to make infrastructure funding more accessible to 
tribes.
    First, the Band recommends federal agencies provide training and 
technical assistance on how tribes can coordinate and best leverage the 
many opportunities available. The IJA contains an enormous amount of 
funding that requires significant amounts of staff time just to 
identify the various applicable funding sources a tribe may utilize for 
potential projects of interest. Having liaisons assigned for each 
agency to tribal regions to assist in sorting through and identifying 
these opportunities and how to access them would help ensure tribes are 
able to utilize these funds to their fullest potential. In addition, 
while the Band appreciates the many updates and webinars that the White 
House and federal agencies host to discuss the IJA, it is difficult to 
attend all of the meetings when they are scheduled. It would be helpful 
if these updates and webinars could be recorded and made available to 
tribes. Moreover, many of these announcements only to go tribal leaders 
and this information needs to reach our staff. It would be helpful if 
agencies had a dedicated website that tribes can regularly check to 
access these updates and webinars.
    Second, infrastructure funds need to be available in a more 
holistic way that considers the way in which funding from multiple 
programs can be leveraged and utilized to fund a single tribal project 
that has many elements, only some of which are eligible for certain 
funding sources, but other elements would also qualify for other 
funding sources. A more holistic application process would cutdown on 
award time, confusion, and deadlines and it would help tribes to better 
articulate their needs and how the various programs rely on one 
another. One approach could be modeled on the Department of Justice's 
(DOJ) Coordinated Tribal Assistance Solicitation (CTAS). The CTAS 
approach streamlines the process for tribes by promoting long-term 
planning to ensure tribal program alignment and simplifying 
applications by requiring one descriptive narrative about the 
particular tribe, and then each program submits its specific project 
description. This model would serve the programs authorized by the IJA 
well because federal agencies could coordinate funding initiatives to 
ensure that awards meet overall tribal goals. Additionally, this would 
better allow tribes to leverage available funding programs for a global 
project. In furtherance of this, funds should be provided in Block 
Grants or 638 contracts to the maximum extent possible.
    Third, communication needs to be more streamlined. There are a 
variety of deadlines which tribes must track across agencies for 
funding, and many tribes must do this in an already understaffed 
capacity. \6\ The current approach to communication with tribes has 
been somewhat piecemealed and comes out of various agencies and 
programs. Having a central place where tribes can track each federal 
agency's upcoming deadlines for funding, with links on where to access 
more information for the specific funding opportunity that is regularly 
updated, would help all tribes currently struggling to meet the 
capacity needs of tracking all of the various funding opportunities. 
This could also help the various agencies better coordinate overlapping 
deadlines and consultations. One positive example is recent emails that 
get distributed by the U.S. Treasury Department regarding information, 
funding deadlines and updates for the American Rescue Plan Act. Those 
emails have been very helpful and could be used as a model for IJA 
funding.
---------------------------------------------------------------------------
    \6\ In addition, deadlines have been extended from time to time, 
but tribes that have already submitted applications don't have the 
ability to pull their submission back to improve it. This should be 
corrected to allow tribes that have likely rushed to submit 
applications to have the ability to pull back and improve their 
applications for resubmission.
---------------------------------------------------------------------------
    Fourth, navigating the reporting requirements for certain funding 
has been challenging because of the time and process involved with 
setting up a user id on the ID.me system. Some tribal members are 
unwilling to provide all the personal data needed for work purposes. 
The process for registering is also very cumbersome and time-consuming. 
We received multiple errors when trying to submit the reports due for 
the American Rescue Plan Act. If these types of requirements will 
continue to be used for other funding streams, these issues need to be 
addressed to ensure that tribes can meet the requirements in a timely 
and efficient manner. A possible solution would be to assign a ``grant 
manager'' to each tribe, that we could reach out to with questions. 
Most grants we receive have a ``program manager'' and a ``fiscal 
manager'' at the granting agency that are assigned as our contacts.
    Lastly, matching requirements greatly hinder the ability for tribes 
to secure these funds. It does not seem appropriate to force tribes to 
be required to provide set levels of matching funds, or to provide the 
funds up front, only to be reimbursed upon completion of the approved 
project. The Band acknowledges that some of these matching requirements 
are statutorily required but believes that Congress should encourage 
agencies to make efforts to ensure any statutory restrictions create as 
minimal a barrier as possible, including minimizing matching with as 
small amount as possible. This can be done in a variety of ways 
including considering rate payer funds and other federal funds as 
matching funds. This would help tribes because many tribes already 
receive federal funds which could be used to help with cost-sharing 
requirements. And, where matching is not statutorily required, agencies 
should be required to not include matching requirements for awards to 
tribes.

    Senator Smith. That is fine with me. Thank you, Chair 
Dupuis.
    Welcome.

  STATEMENT OF ADAM SAVARIEGO, TRIBAL SECRETARY, UPPER SIOUX 
                           COMMUNITY

    Mr. Savariego. [Greeting in Native tongue.] I am Adam 
Savariego. I am the tribal secretary for Upper Sioux Community.
    Chairman Jensvold asked if I could attend this hearing 
today, and I thank you for the opportunity for allowing me to 
speak very briefly on Upper Sioux Community's concerns.
    The first concern I want to bring up, and I thank Dupuis 
and Deuce for approaching me prior to this hearing, because on 
principle they disagreed with only five of the elected tribes 
being here today. We have to constantly do that as indigenous 
nations to reaffirm our sovereignty, not only to ourselves but 
out of respect for our other tribal nations. It would be a 
disservice to each individual tribe if we don't acknowledge 
that. I think we as indigenous people have always known that 
notion.
    We opened up today speaking on the Constitution of the 
United States, and that it is the duty of the Federal 
Government to acknowledge treaties and the sovereignty of 
tribal nations throughout the Country. However, I often teach 
in my college classes that our sovereignty is an inherent human 
right that preceded the foundation of this Country and the 
Constitution itself. It is something I take very seriously in 
my obviously young years of being an elected leader for the 
Upper Sioux Community.
    We learned of this hearing through Deuce just the other 
day. I came because of Chairman Jenvold's wishes. I didn't know 
what to expect. I was here to listen and observe until, again, 
as I said, they approached me.
    In terms of infrastructure, for the Upper Sioux Community, 
for the last 15 to 20 years we have had the self-determination, 
whether it is a water treatment plant, in 2005, I believe we 
installed fiber optics, which was the first in the rural area. 
Just for reference, the Upper Sioux Community is about two and 
a half hours west of here in a very remote town of 2,800 people 
in Granite Falls, Minnesota.
    Due to our self-determination, we are constantly at the 
whims of local agencies and governments. One example I will 
bring up is Mediacom. They don't really appreciate that we have 
our own infrastructure in terms of broadband. We have to 
constantly again reaffirm to ourselves that we are competent 
enough to develop our own infrastructure.
    Frankly, Mediacom didn't have their fiber optic access up 
until a few years ago. So the Upper Sioux Community was ahead 
of the curve by at least 10 years in that regard. At any point 
in time, we are ready to expand that access.
    But again, because of the landlocked system we have to live 
in, with the reservation system, we are at the whim of Mediacom 
in terms of how fast we can increase our speeds. The running 
joke on the reservation is, we still have res-internet, because 
it is considerably slower, and Mediacom does have that 
authority and power to I guess limit or inhibit our speed in 
the first place.
    We are also at the whims of farmers around in the local 
area, particularly when it comes to our waterway systems. A 
constant reference Chairman Jensvold makes is county ditch 
nine, in the Yellow Medicine County area, that as soon as it 
hits our reservation, it turns back into a creek somehow, even 
though we know by June, July if there are e-coli levels in 
there that makes it unsafe to even be around.
    In 2019, we had historic flooding in the Minnesota River 
Valley that we do believe led to the infrastructure depletion 
of Highway 67 which we have been talking to MNDOT in regards to 
the right-of-way access. Upper Sioux would probably assume 
responsibility for maintaining that highway.
    So like I said, fighting the narrative of the local 
interests, local governments, the county, the State and 
frankly, the Federal Government, today we have to constantly 
reaffirm to ourselves that we are competent. The funding 
definitely helps, particularly when it comes to that need of 
infrastructure.
    I want to make known, though, I think as with all the 
elected leaders here today, that a consistent story I am 
hearing is we know what we are doing, because we are the 
original caretakers of this land. Again, Pidamaya, Miigwech, 
thank you to Dupuis and Deuce for allowing me the opportunity 
to speak on Upper Sioux Community's behalf. Thank you.
    Senator Smith. Thank you. Could you please repeat your 
name, just for the Congressional record?
    Mr. Savariego. My name is Adam Savariego. I am the Tribal 
Secretary for Upper Sioux Community.
    Senator Smith. Thank you very much.
    Chair Larsen?

STATEMENT OF HON. ROBERT LARSEN, PRESIDENT, LOWER SIOUX INDIAN 
                           COMMUNITY

    Mr. Larsen. [Greeting and opening in Native tongue.] 
Senator Smith and members of the Committee, I appreciate the 
time. My name is Robert Larsen. Most folks call me Deuce when 
they get to know me. It is my honor and privilege to serve as 
the President of the Lower Sioux Indian Community in the State 
of Minnesota.
    I want to say again, Pidamaya, thank you for allowing me to 
give my community a voice before the United States Senate 
Committee on Indian Affairs to discuss investing in Native 
communities.
    I do want to echo, though, that I understand time 
constraints. But there are 11 distinct voices that should be 
heard at these hearings. I want to echo that out.
    Our community, though small, is a sovereign and federally 
recognized tribe in southwestern Minnesota, about an hour and a 
half west and south of here. In Minnesota, the Mni Sota Makoce, 
which was our original homelands, this whole State that is 
called Minnesota now, reduced to less than our 1,700 acres, is 
our reservation. Our name for this region is Cansayapi, which 
translates to ``where they mark the trees red.''
    Despite various Federal laws and policy that have been 
aimed to extinguish our people, and some still on the books 
today, our citizenship is thriving. The Lower Sioux has 
experienced a 70 percent growth since 2000, with over one-third 
of our citizens under 18 and almost half under 50. We thrive 
despite being exiled in our own homelands, homelands that 
predate the establishment of the United States. Our people 
risked death to continue to live here. The fact that we are 
still here and flourishing is a testament to the strength of 
our ancestors and the Dakota people.
    Our goal as leadership for Cansayapi is to always think and 
act while keeping in mind the next seven generations. We are 
encouraged that this Act supports specific infrastructure needs 
and is a tangible example of Federal trust responsibility to 
the tribal nations.
    This legislation helps support our community as we continue 
to thrive with our goals of improving infrastructure. Cansayapi 
intends to use the available funding from the Bipartisan 
Infrastructure Law to support our endeavors to strengthen 
sustainability, notably in the areas of our broadband and 
wastewater treatment.
    When our community was shut down due to the COVID-19 
pandemic, we, like many governments, communities and businesses 
became more reliant on the internet to continue operations. 
Having reliable high-speed internet is critical for our 
continued growth. Our local broadband company self-identifies 
as providing available, reliable coverage, but in reality, that 
is not the case.
    Currently, the Community has developed a broadband fiber 
installation plan to improve connectivity for the community's 
citizens living here. Our goal is that all community citizens 
living on the reservation will have access to high quality, 
reliable internet service. After completing a feasibility study 
in the summer of 2020, our hope is to ultimately have fiber 
broadband installed and operational soon.
    We also struggle with inadequate housing, which according 
to HUD's own study, we are 87 units short of the community's 
need. With our efforts to build stronger broadband services on 
our small land base, we need to ensure that future development 
does not create inequity in accessing reliable broadband.
    As our population grows, we have discovered our current 
wastewater treatment facility cannot accommodate our needs much 
longer. It is critical that the community builds a new 
wastewater treatment facility. Again, we are encouraged with 
these efforts.
    To us, water is sacred, a life-giver, and vital to our 
growing community. The interconnectedness of our people and the 
waters of our nation are tantamount to our identity and play a 
key role in our cultural traditions. We currently have a small 
project that would allow construction of individual sanitation 
facilities for three new and other category homes, including 
homes we are building with hempcrete that we hope to get 
started this year. We are growing our own and having a facility 
to make the hempcrete.
    With our growing population, the demand will only continue 
to rise. These systems are costly and critical to ensure safe 
living conditions for the health and welfare of our citizens, 
and to prevent overcrowding in homes which often can inundate 
existing systems.
    Funding from this Bipartisan Infrastructure Law supports 
the community's sustainability efforts and supports Cansayapi's 
official vision that ``The Lower Sioux Indian Community is a 
healthy, safe, and happy community, grounded and guided by 
Dakota culture, traditions, and language, where every person 
contributes to a diversified social and economic life. The 
people grow, adapt, and innovate together, through 
opportunities that span the generations and seek continuous 
success.''
    Out of respect for the time, our written testimony has more 
information, vital infrastructure needs related to the 
endeavors that will support job opportunities, and road safety 
measures. We are very appreciative of every member of Congress 
who supported this bill. The community also thanks Senator 
Smith's office for keeping us apprised and for providing more 
information about the many funding opportunities that come from 
this historic law.
    The community also thanks Chair Schatz and the entire 
Senate Committee on Indian Affairs for the invitation to 
testify before you today. Pidamayado.
    [The prepared statement of Mr. Larsen follows:]

Prepared Statement of Hon. Robert Larsen, President, Lower Sioux Indian 
                               Community
I. Introduction
    Good afternoon, Chair Schatz, Vice Chair Murkowski, members of the 
Committee and honored guests. My name is Robert ``Deuce'' Larsen and it 
is my honor and privilege to serve as President of the Lower Sioux 
Indian Community in the State of Minnesota. Thank you for allowing me 
to give my Community a voice before the United States Senate Committee 
on Indian Affairs to discuss Investing in Native Communities: 
Transformative Opportunities in the Infrastructure Investment and Jobs 
Act.
II. Lower Sioux Indian Committee in the State of Minnesota
    The Lower Sioux Indian Community is a sovereign and federally 
recognized tribe in southwestern Minnesota, or Mni Sota Makoce, the 
original homelands of the Dakota people. The Lower Sioux Indian 
Community is part of the Bdewakanton Band of Dakota. Our name for this 
region is Cansayapi, which means ``where they mark the trees red.'' 
Pride in our history and our culture are the heart and spirit of 
everything we do.
    Despite various federal laws and policy that have aimed to 
extinguish our people (with some still on the books to this day), our 
citizenship is thriving. Lower Sioux experienced a 70 percent growth 
since 2000, with over one-third of our citizens under 18 and almost 
half under 50. We thrive despite being exiled on our own homelands--
homelands that pre-date the establishment of the United States. Our 
people risked death to continue to live here, and the fact we are still 
here, and flourishing, is testament to the strength of our ancestors 
and the Dakota people.
    We aim to ensure our people grow, adapt, and innovate together, 
through opportunities that span the generations. Our goal as leadership 
for Cansayapi is to always think and act while keeping in mind the next 
several generations. We are encouraged that this Act supports specific 
infrastructure needs and is a tangible example of federal trust 
responsibility to tribal nations.
    This legislation helps support our Community as we continue to 
thrive with our goals of improving infrastructure. The programs and 
opportunities with this legislation creates programs that will directly 
benefit the Lower Sioux Indian Community. Cansayapi intends to use 
available funding from the Bipartisan Infrastructure Law to support our 
endeavors to strengthen sustainability, notably in the areas of 
broadband and wastewater treatment.
III. Regarding Broadband
    When our Community was shut down due to the Covid-19 Pandemic, we, 
like many governments, communities and businesses became more reliant 
on the Internet to continue operations. Having reliable high-speed 
Internet is critical for our continued growth. Our local broadband 
company self-identifies as providing available, reliable coverage, but 
in reality, that is not the case.
    At present, the Community has developed broadband fiber 
installation plans to improve connectivity for the Community's citizens 
living in the tribal community. Our goal is that all Community citizens 
living on the Reservation will have access to high quality, reliable 
Internet service. After completing a feasibility study in the Summer of 
2020, our hope is to ultimately have fiber broadband installed and 
operational. We were pleased to see the commitment to grants that can 
be used to expand access to and the adoption of broadband service on 
tribal land or remote learning, telework, or telehealth services and 
does not limit such expanded access to the COVID-19 pandemic. This 
effort can also assist with insuring connectivity to future housing 
expansion. We struggle with inadequate housing, which last estimated is 
to be 87 units short of the Community's need. With our efforts to build 
stronger broadband services on our small land base, we need to ensure 
that future development does not create inequity in accessing reliable 
broadband.
IV. Regarding Wastewater Treatment
    As our population grows, we have discovered our current wastewater 
treatment facility cannot accommodate our needs much longer. It is 
critical that the Community builds a new wastewater treatment facility. 
This legislation invests $6 billion dollars to support water 
infrastructure in Tribal communities, including $3.5 billion over five 
years for the Indian Health Service Sanitation Facilities Construction 
program. To us, water is sacred, a life-giver and vital to our growing 
Community. The interconnectedness of our people and the waters of our 
nation are tantamount to our identity and plays a key role in our 
cultural traditions.
    We currently have a small project that would allow construction of 
individual sanitation facilities for three new and other category 
homes, but as I mentioned previously, our Community is in need of an 
additional 87 homes all of which would require access to adequate 
sanitation facilities. With our growing population, the demand will 
only continue to rise. These systems are costly but are critical to 
ensure safe living conditions for the health and welfare of our 
citizens and to prevent overcrowding in homes, which often can inundate 
existing systems.
V. Regarding Transportation
    Review of the Act provides significant opportunities for 
transportation infrastructure. We are especially interested in road 
maintenance, preventative safety measures and transportation 
facilities. The Act provides ways to incorporate tribal interests at 
the forefront with the addition of key positions in government. 
Moreover, the Act recognizes that tribes and its leaders need to be 
consulted and part of decisionmaking for activities in their lands.
VI. Closing Statement
    Funding from the Bipartisan Infrastructure Law supports the 
Community's sustainability efforts and supports Cansayapi's official 
Vision that ``the Lower Sioux Indian Community is a healthy, safe, and 
happy community--grounded and guided by Dakota culture, traditions, and 
language--where every person contributes to a diversified social and 
economic life. The people grow, adapt, and innovate together, through 
opportunities that span the generations and seek continuous success.''
    Out of respect for the Committee's time during oral testimony, we 
included more information on potential funding opportunities the 
Community plans to seek to support vital infrastructure-related 
endeavors. The number of funding opportunities and the amount of 
infrastructure that can be funding through the Act is unprecedented. 
This law will bring jobs and with that economic development and 
security into our Community. This Act represents a tremendous amount of 
opportunity for the Community. Vast opportunities are available, so the 
need for technical assistance with these programs will be high. The 
Community is also interested in many areas in the Act, such as cyber 
security, energy efficiency and research.
    We are appreciative of every member of Congress who supported this 
bill. The Community also thanks Sen. Smith's office for keeping us 
apprised and for providing more information about the many funding 
opportunities that come from this historic law. The Community also 
thanks Chairman Schazt and the entire Senate Committee on Indian 
Affairs for the invitation to testify before you today.
    Pidamayado.

    Senator Smith. Thank you very much, Chair Larsen. I 
appreciate that.
    I also want to note and give greetings to Grand Portage 
Chair Deschampe. Thank you for being here. All of the Minnesota 
tribal leaders are going to have an opportunity to join 
together for a working lunch with the Committee after this. I 
look forward to that as well.
    I will now turn to the Honorable Bryan Newland for your 
testimony.

          STATEMENT OF HON. BRYAN NEWLAND, ASSISTANT 
        SECRETARY FOR INDIAN AFFAIRS, DEPARTMENT OF THE 
       INTERIOR; ACCOMPANIED BY: JASON FREIHAGE, DEPUTY 
               ASSISTANT SECRETARY OF MANAGEMENT

    Mr. Newland. [Greeting in Native tongue].
    Good morning, everybody. My name is Bryan Newland. I am 
Assistant Secretary for Indian Affairs here at the Department 
of Interior. I am really glad to be back home-ish in the Great 
Lakes region.
    Prior to serving in this role, I served alongside many of 
the tribal leaders here as tribal chairman for my own tribe, 
the Bay Mills Indian Community. I have to say it is a blessing 
to be amongst them again. I learned a lot from them during my 
time as tribal leader, particularly through the pandemic when I 
watched many of my friends here lead not only their communities 
but serve as examples for pandemic response for the entire 
Nation.
    So I am really glad and honored to be here, and Senator 
Smith, grateful for the invitation from the Committee to appear 
before you today. I am also grateful to Chairman Andersen for 
hosting this field hearing. It is always great for us to have 
an opportunity to get out into Indian Country and into 
communities where we are hearing directly from tribal leaders 
and representatives.
    In total, the Bipartisan Infrastructure Law, or the 
Infrastructure and Jobs Act, invests as you noted, Senator, 
more than $13 billion directly into tribal communities, and 
tribes may apply for billions more through various other grant 
programs. From this law, the department has received more than 
$3.1 billion directly for tribal communities, and tribes have 
been made eligible by Congress for additional department 
programs to support building resilience for wildland fire and 
drought, restoring ecosystems and enabling fish passage.
    The department began implementation of the Infrastructure 
and Jobs Act with three tribal consultations, covering all of 
the programs for which tribes are eligible. We heard some 
consistent themes in those consultations, including the need 
for interagency coordination, technical assistance, and 
streamlining our permitting process.
    The White House Council on Native American Affairs and its 
committees meet regularly to discuss our work to implement the 
Infrastructure and Jobs Act. Our Indian Affairs spend plan 
includes the creation of an interagency coordinator position 
and regional positions to directly provide tribes with the 
technical assistance we heard about during those consultation 
programs.
    The timely approval of permitting and realty actions are 
critical to success. The BIA recently issued an update to our 
permitting national policy memorandum to streamline the rights-
of-way and business leases for projects that are funded by the 
American Rescue Plan, the Infrastructure and Jobs Act as well 
as telecommunications and renewable energy projects. We want to 
make sure we are not the choke point that keeps this money from 
turning into benefits at the tribal community level.
    Overall, Indian Affairs within the Department of Interior 
received $466 million through the Infrastructure and Jobs Act, 
which included $216 million for tribal climate resilience, 
adaptation and community relocation. In addition to our grant 
program on this topic, the department will announce several 
community relocation pilot projects to serve as demonstration 
sites for the United States to relocate willing communities on 
the front lines of climate change. We know that leveraging 
Federal funding through this Act and the Rescue Plan and other 
appropriations with our partner agencies is going to be 
critical to our success.
    We also received $250 million for irrigation and power, 
safety of dams and water sanitation. We have $50 million 
available to us to spend each year. This funding is critical to 
address our deferred maintenance backlog in these areas.
    In Fiscal Year 2022, we allocated $10.6 million for water 
sanitation. Water and sanitation project funding has been 
coordinated with IHS, and will be used to support improvement 
and repair projects that address public health and safety 
compliance issues at our BIA-owned drinking water and 
sanitation systems.
    In Fiscal Year 2022, let me back up, Senator, and just note 
that even though those are BIA-owned systems that they are 
direct service systems and directly benefit people in tribal 
communities.
    In Fiscal Year 2022, we allocated $10 million for 
irrigation and power projects. Within this total, 70 percent is 
directed to Indian irrigation projects, and 30 percent of that 
funding is used to support BIA-owned power utilities. For 
safety of dams, we invested $29.1 million in Fiscal Year 2022 
to begin to address the $1 billion deferred maintenance backlog 
for BIA-owned dams.
    The Department has received funding in other areas from the 
Infrastructure and Jobs Act. In February, for example, we 
allocated $1.7 billion to fund Indian water rights settlements 
that had been enacted and fulfilled all the outstanding Federal 
payments necessary to complete the terms of those settlements.
    The Infrastructure and Jobs Act also provided $150 million 
to address orphan wells and well sites on tribal lands. And the 
Act provided the department with $905 million for ecosystem 
restoration and resilience funding. Tribes and tribal lands are 
eligible for most of that funding, whether through grants, 
agreements, or contracts, and in this fiscal year BIA received, 
as a portion of the department's funding, $4.8 million for 
these activities.
    We are also providing nearly half of those funds as 
competitive grants through the America the Beautiful Challenge 
Fund administered through the National Fish and Wildlife 
Foundation.
    Indian Affairs is engaged with other Federal agencies to 
implement the Infrastructure and Jobs Act. For example, the BIA 
is in the process of allocating funding from the Department of 
Transportation to tribes to tribes for the Tribal 
Transportation Program here in Minnesota and across the Nation.
    So these are just some of the examples and highlights of 
the work we are doing under the Infrastructure and Jobs Act. I 
do want to note that between the American Rescue Plan and the 
Infrastructure and Jobs Act, tribes here in Minnesota have 
received nearly $47 million in funding, separate and apart from 
the Rescue Plan funding that the Treasury Department 
distributed to tribes.
    So this has been a historic level of investment in Indian 
Country. As Chief Executive Benjamin mentioned, we have a lot 
of catching up to do. I have heard a tribal leader in one of 
our consultations describe this as the great catch-up, not the 
great bottle of ketchup, but the great catch-up on 
infrastructure investment. It has been transformative in many 
tribal communities and is a great way for us to start in our 
work between our co-equal branches of government in meeting our 
trust responsibilities.
    Senator Smith, I want to thank you and thank the Committee 
for inviting me to testify today. We have submitted our 
complete testimony for the record. I am happy to answer 
questions.
    [The prepared statement of Mr. Newland follows:]

   Prepared Statement of Hon. Bryan Newland, Assistant Secretary for 
               Indian Affairs, Department of the Interior
    Good afternoon, Senator Smith. Thank you for the opportunity to 
provide a statement on behalf of the Department of the Interior 
(Department) on how the Infrastructure Investment and Jobs Act (IIJA), 
also known as the Bipartisan Infrastructure Law (BIL), is an investment 
in Native Communities. I appreciate the opportunity to address 
implementation of these critical infrastructure investments and their 
impact across Indian country.
IIJA Funding for Indian Affairs and Across the Department
    In total the IIJA invests more than $13 billion directly in Tribal 
communities across the country and Tribes may apply for billions more 
through various grant processes being deployed throughout other 
agencies. These resources go to many Federal agencies to expand access 
to clean drinking water for Native communities, ensure every Native 
American has access to high-speed Internet, tackle the climate crisis, 
advance environmental justice, and invest in Tribal communities that 
have too often been left behind.
    The Department received over $3.1 billion directly for Tribal 
communities, which included a $466 million investment for the Bureau of 
Indian Affairs infrastructure projects and climate resiliency 
initiatives, $150 million for Tribal orphaned wells, and a historic 
investment of $2.5 billion to help the Department fulfill pre-existing 
settlements of Indian water rights claims. The IIJA also made Tribal 
communities eligible for additional Department programs to support 
building resilience to wildland fire and drought, restoring ecosystems, 
enabling fish passage, and addressing legacy pollution from abandoned 
mine lands and orphan oil and gas wells.
    Consistent with the Administration's commitment to consult with 
Tribes and support self-determination the Department began 
implementation with three Tribal consultations covering all programs 
for which Tribes are eligible. The consultations were completed within 
the timeframes necessary to inform spend plans that were required by 
the IIJA. The consultations served both to increase awareness of 
funding opportunities for Tribes and to gather input from Tribal 
leaders. There were three consistent themes: interagency coordination; 
technical assistance, and streamline permitting. As the IIJA programs 
will be implemented over several years, future consultations may be 
necessary.
    Additionally, the Bureau of Reclamation (Reclamation) continues to 
conduct Tribal information and listening sessions on investing IIJA 
funding with a commitment to supporting Reclamation's strong 
relationships with Tribal communities. Starting in December 2021 and 
continuing through the spring, Reclamation hosted consultation sessions 
with Tribal leaders on IIJA implementation. Reclamation also conducted 
separate outreach sessions for Tribes and appreciated the opportunity 
to hear from these communities about the effectiveness of its IIJA-
funded programs. These Tribal consultation sessions provided additional 
ideas for broadening outreach to Tribes who are eligible for 
Reclamation's IIJA-funded programs described below.
Creating a Whole of Government Approach and Maximizing Impact
    Indian Affairs is often called upon by Indian country to represent 
its needs and help drive an all of government approach to maximizing 
the many opportunities available to Indian country. We are working to 
implement Indian country's recommendations through interagency 
coordination, technical assistance, process improvement, and leveraging 
of acquisition authorities.
Enhancing Coordination
    Successful implementation of the IIJA requires significant 
consultation, coordination, and leveraging of partnerships. Within the 
Department, weekly coordination meetings with all bureaus and 
Departmental leadership ensure the needs of Tribes are considered for 
all Department IIJA programs.
    We are also engaging across the Federal government with several 
coordination strategies. First, we are leveraging existing interagency 
coordinating venues. This starts with the White House Council on Native 
American Affairs (WHCNAA). The Department, in coordination with WHCNAA, 
is uniquely positioned to define and communicate the benefits of the 
infrastructure law to Indian country. The various subcommittees of the 
WHCNAA are critical to Federal coordination and communication. We also 
worked with the White House Office of Intergovernmental Affairs to 
release a Tribal Playbook which clarifies all the IIJA funding 
opportunities available to Tribal communities. Second, across 
programmatic areas, our team is leveraging interagency coordination 
through ongoing participation in the White House Tribal Broadband 
Coordination Committee and working with the Council on Environmental 
Quality's climate resilience working groups and the Environmental 
Protection Agency-led Water Infrastructure Task Force.
Technical Assistance
    The need to provide technical assistance to Tribes cannot be 
overstated. Therefore, the Indian Affairs spend plan included the 
creation of an Interagency Coordinator position who will assist Tribes 
and Tribal organizations identify and apply for available funds. The 
incumbent in this position will also be charged to work within the 
federal family to assist sister federal agencies in making their 
programs more accessible to Indian country.
Streamlining Processes
    Timely approval of permitting and realty actions are critical to 
infrastructure investment in Indian country. To this end, BIA announced 
a National Policy Memorandum (NPM-TRUS-44) which streamlines the 
rights-of-way (ROWs) and business lease application process for 
projects funded by the American Rescue Plan Act and IIJA, as well as 
Telecommunications and Renewable Energy Projects. This action advances 
the policy of the BIA to support Tribal Nations in exercising their 
sovereignty to govern their lands and pursue economic self-sufficiency, 
conservation practices, and climate resiliency. Specifically, this 
National Policy Memorandum provides clear direction to ensure that ROWs 
and business leases are expedited so there is no unnecessary delay in 
deploying critical infrastructure to Indian country. Additionally, the 
fiscal year (FY) 2023 President's Budget requests an additional $2 
million that will allow the BIA to increase staffing for realty 
functions which are critical to infrastructure investment.
Leveraging Buy Indian Act Authorities
    Indian Affairs is also working to expand the impact of IIJA and 
other infrastructure funding by increasing the use of Buy Indian Act 
authorities. This is being done by focusing on engaging with and 
maximizing opportunities for Indian small businesses, and using an 
integrated approach of policies, procedures, training, and strategic 
contract implementation. The recent update to Buy Indian Act 
regulations are a critical step forward. The updates allow the 
Department to eliminate barriers to Indian Economic Enterprises from 
competing on certain construction contracts, expand Indian Economic 
Enterprises' ability to subcontract construction work consistent with 
other socio-economic set-aside programs, and give greater preference to 
Indian Economic Enterprises when a deviation from the Buy Indian Act is 
necessary, among other updates. The update also aligns Indian Affairs 
and Indian Health Service regulations to facilitate more contracting 
opportunities for eligible entities under the Buy Indian Act. In order 
to leverage this rule change, Indian Affairs will solicit proposals 
from Native-owned construction businesses for a new $1.5 billion 
nationwide contract that will cover a wide range of projects for 
bureaus across the Department.
Implementation of Department Programs Directly Benefiting Tribes
Meeting Our Obligations for Indian Water Rights Settlements
    In February, the Department announced allocations totaling $1.7 
billion for enacted Indian water rights settlements that have 
outstanding federal payments necessary to complete their terms. The 
Bureau of Trust Funds Administration is managing and investing over $1 
billion for Tribes in trust fund portfolios pursuant to tribal 
financial objectives and the remainder of the funds were allocated to 
Bureau of Reclamation for settlement project implementation. This 
funding allows the administration to uphold our trust responsibilities 
and ensure Tribal communities receive the water resources they have 
long been promised. These investments promote economic development and 
ecosystem restoration. For example, the funding allocated to the 
Confederated Salish and Kootenai Tribes will be used to rehabilitate 
and modernize the Flathead Indian Irrigation Project and restore 
damages to fish and wildlife habitat, while providing water for farmers 
and ranchers who depend on irrigation for their livelihoods. As part of 
the implementation strategy, an Indian Water Rights Settlement 
Completion Fund Executive Committee was established, comprised of the 
Commissioner of the Bureau of Reclamation, Chairperson of the Working 
Group on Indian Water Settlements, Director of the Bureau of Indian 
Affairs, Assistant Secretaries of Water and Science and Indian Affairs, 
and the Solicitor. The Executive Committee will recommend future 
allocations of the remainder of the Completion Fund to the Secretary. 
In order to complete allocations of remaining funding, BIA is engaging 
with Tribes to finalize indexing costs which are necessary to determine 
their final settlement payments. The Bureau of Reclamation will 
continue to work with the Department to identify project specific 
allocations from the Fund to meet implementation needs.
Advancing Climate Resilience
    The IIJA included $216 million for Tribal climate resilience, 
adaptation, and community relocation planning, design, and 
implementation of projects which address the varying climate challenges 
facing Tribal communities across the country. Within this total, $130 
million is directed toward Community Relocation and $86 million is 
directed toward Climate Resilience and Adaptation Projects. Total 
funding of $43.2 million is available each year for fiscal years 2022-
2026.
    On April 11th, Indian Affairs announced the request for proposals 
from Tribes and Tribal organizations for approximately $46 million from 
the Bureau of Indian Affairs Branch of Tribal Climate Resilience which 
is funded by the IIJA and FY 2022 annual appropriations. Tribal needs 
are diverse. Each Tribe has its own various climate resilience 
capacities, needs, and issues to address. The existing Tribal Climate 
Resilience Awards Program has been focused on training, capacity 
building, and planning since its inception in 2011. IIJA funds will 
enable BIA to expand the Awards Program to start funding implementation 
projects developed from their plans.
    In addition to the Awards Program, the Department will announce 
Community Relocation pilot projects in a few communities to serve as 
demonstration sites. The sites will be chosen based on factors such as 
risk level, community-readiness, existing plans, and potential to yield 
lessons-learned for other Tribes facing similar issues. A study 
conducted by BIA estimated that addressing unmet infrastructure needs 
associated with relocation will cost $4.8 billion in Alaska and the 
lower 48. Given this significant cost of implementing community 
relocation, effective coordination with Federal, State, local and NGO 
partners is critical to ensuring we successfully increase resilience of 
Native communities. Leveraging additional federal funding will be 
critical to success.
Investing in Irrigation and Power, Safety of Dams and Water Sanitation 
        Improvements
    The IIJA included $250 million for Irrigation and Power, Safety of 
Dams and Water Sanitation, with $50 million available to spend 
annually. This funding is critical to address our deferred maintenance 
backlog in these areas. In FY 2022, $10.65 million is allocated for 
water sanitation projects on the Hopi Reservation, Columbia In-lieu 
Treaty Fishing sites, and the Northern Idaho water system on the Nez 
Perce Reservation. Water and Sanitation project funding has been 
coordinated with the Indian Health Service and will be used to support 
improvement and repair projects that address public health and safety 
compliance issues at Indian Affairs-owned drinking water and sanitation 
systems.
    In FY 2022, $10 million is allocated for Irrigation and Power 
projects; within this total approximately 70 percent will be directed 
to Indian Irrigation Projects and the remaining 30 percent will support 
BIA-owned power utilities. BIA will prioritize funding of projects that 
reduce deferred maintenance and the risk of failure and align with 
condition assessments and modernization studies to rehabilitate aging 
infrastructure. For Safety of Dams, $29.1 million is allocated in FY 
2022 to begin addressing the $1 billion deferred maintenance backlog 
for BIA owned dams. This includes at least $20 million for 
rehabilitation of the Oglala Dam within the Pine Ridge Indian 
Reservation in South Dakota. The allocation of funding follows current 
program practices which prioritize project funding. The BIA routinely 
performs inspections and analysis of all high-hazard program dams to 
understand the risk each structure presents to downstream residents. 
BIA uses the results of this work to prioritize distribution of design 
and construction funding to the highest risk dams.
Collaboration Across Interior
    Outside of Indian Affairs, our team continues to collaborate with 
other Department programs on program implementation in areas such as 
wildland fire, abandoned mine lands, and orphan wells.
    The IIJA also provided the Department with $905 million for 
Ecosystem Restoration and Resilience funding, of which $464.6 million 
is made available to various bureaus. For the initial allocations for 
FY 2022, $4.87 million was allocated to the BIA. The range of projects 
funded include restoration of ecological health by improving forest 
health and reducing the risk of resource loss to environmental factors 
such as insects, disease, and wildfire. This investment will allow 
adaptation/plant ecologists to provide regional technical expertise to 
support ecological restoration efforts on Indian lands at various USGS 
Climate Adaptation Science Center regions. Additionally, the Department 
is providing funding to the recently announced America the Beautiful 
Challenge Fund administered through the National Fish and Wildlife 
Foundation. Tribes will be eligible to compete for these grants.
    The $8.3 billion investment under Title IX (Western Water 
Infrastructure) of the IIJA supports Reclamation's ongoing work to 
improve water infrastructure while addressing needs in underserved 
communities. IIJA provides significant funding for longstanding 
Reclamation programs including WaterSMART, which has been identified by 
numerous Tribes across the West as an essential program for enhancing 
water infrastructure and attenuating drought conditions. IIJA funding 
will expand the reach of WaterSMART and allow Reclamation to leverage 
additional resources, including funding and technical assistance 
provided by Reclamation's Native American Affairs Program, to modernize 
infrastructure and increase water reliability and resilience for Native 
communities.
    We also are engaged with partners in other Federal agencies to 
support their engagement with Tribes. For example, BIA is in the 
process of allocating BIL Tribal Transportation Program (TTP) funding 
from the Department of Transportation to Tribes in Minnesota and across 
the Nation. The National Oceanic and Atmospheric Administration 
recently announced funding opportunity of up to $12 million available 
under the Bipartisan Infrastructure Law to implement fish passage work 
and build Tribal organizational capacity. This funding will support 
Indian Tribes, Tribal commissions, and Tribal consortia in implementing 
Tribal priority fish passage projects, including organizational 
capacity building, that benefit migratory fish in coastal ecosystems, 
including the Great Lakes. To help support coordination on fish passage 
investments, the Fish and Wildlife Service is working with the federal 
agencies receiving IIJA fish passage funding to convene a workshop in 
July with Tribal representatives, state fish and wildlife agencies, and 
non-governmental organizations as a first step towards identifying 
shared goals and improving collaboration and coordination. I look 
forward to updating the Committee in the future about how IIJA funding 
from our partners benefits Indian country.
Conclusion
    The Department is thankful to the leadership and members of the 
Committee for their continued support for Indian country and the IIJA. 
The Department looks forward to continuing to work with the Committee 
on implementing this once in a generation opportunity for Indian 
country.

    Senator Smith. Thank you very much.
    Ms. Fowler?

        STATEMENT OF ELIZABETH FOWLER, ACTING DIRECTOR, 
       INDIAN HEALTH SERVICE, U.S. DEPARTMENT OF HEALTH 
                       AND HUMAN SERVICES

    Ms. Fowler. Good morning, Senator, and our honorable tribal 
leaders and distinguished Federal colleagues. I really am 
thankful for the opportunity to be here this morning, and I 
appreciate the warm welcome. I am pleased that we have our area 
director for the Bemidji Area Indian Health Service, Mr. Daniel 
Frye, here this morning as well.
    I am thankful that I have an opportunity to provide an 
update on the Indian Health Service program benefiting American 
Indian and Alaska Native communities under the Infrastructure 
Investment and Jobs Act. I testified on May 4th on this topic 
and provided a lot of background on our sanitation facilities 
construction program. This morning I would like to provide a 
few updates that have occurred since that time.
    On May 31st, IHS announced the Fiscal Year 2022 allocation 
decisions for $700 million that was appropriated to the Indian 
Health Service within the IIJA, Infrastructure Investment and 
Jobs Act. Leading up to the allocation decision, the IHS 
conducted three virtual tribal consultations on the 
Infrastructure and Investment and Jobs Act from November 22nd, 
2021 to January 5th, 2022.
    Based on review and consideration of input received through 
tribal consultation, the IHS decided to use current Sanitation 
Deficiency System data in the agency's existing funding 
mechanisms to allocate these resources. This includes IHS 
direct service projects funded through Federal acquisition 
regulations contracts for tribal procurement in Indian Self-
Determination and Education Assistance Act construction 
contracts.
    The IHS will allocate approximately $581 million in Fiscal 
Year 2022 funding for Tier 1 project construction costs. The 
Tier 1 project is considered ready to fund, because planning is 
complete. The IHS will also allocate $60 million for design and 
construction document creation activities related to these Tier 
1 projects, which include engineering and design activities for 
proposed sanitation facilities, contract documents and contract 
plans and specifications.
    Tier 2 projects have a level of their engineering 
assessment complete and have a well-understood deficiency and a 
recommended solution, while Tier 3 projects have deficiencies 
identified but are still in the planning phase, which may 
include identifying solutions.
    The IHS will allocate approximately $33 million in Fiscal 
Year 2022 funding for the planning, design, and construction 
contract document creation for Tier 2 and Tier 3 projects. The 
IHS will also use its Fiscal Year 2022 annual appropriations to 
support additional planning, design, and construction document 
creation activities for Tier 2 and Tier 3 projects.
    The Sanitation Deficiency System currently includes 661 
Tier 2 projects, totaling approximately $2.2 billion, and 361 
Tier 3 projects, totaling approximately $505 million. These 
allocation decisions align with recommendations from our tribal 
consultations to prioritize funding for projects that have 
completed the planning phase and can be immediately placed into 
the design and construction phase, and to provide sufficient 
funding for planning and design activities to get projects 
ready to fund.
    Within the IHS Bemidji area, which includes Minnesota, 19 
Tier 1 projects totaling $9.3 million in IHS-eligible costs 
will be funded with the Infrastructure Investment and Jobs Act 
appropriation. A listing of those Tier 1 projects was included 
in our written submission.
    Here in Minnesota, IHS will allocate in Fiscal Year 2022 
nearly $1.6 million to the Minnesota Chippewa Tribe, White 
Earth Band, for the Rice Lake sewer extension, nearly $3 
million to the Menominee Indian Tribe for Keshena sewer 
improvements, approximately $9,000 to the Lower Sioux Indian 
Community for lift station grates, and $41,000 to the Minnesota 
Chippewa Tribe, Fond du Lac Band, for the Ridge Road water 
system water meter installation.
    Historically, IHS has received limited program support 
resources to address the SSC project workload. SFC project 
funding has increased since Fiscal Year 2018 and the 
Infrastructure Investment and Jobs Act funding will 
significantly increase the SFC workload.
    However, the IIJA limits funding for program support 
activities to 3 percent per year. Given this limitation it is 
possible that the average project duration could be greater 
than the current average project duration of 3.6 years. The 
IIJA also restricts program support funding to Federal 
activities, which means that tribes that operate their SFC 
projects directly cannot access these needed administrative 
resources.
    To address this need for administrative support, the Fiscal 
Year 2023 President's budget request, more than $49 million in 
facilities and environmental health support resources, to 
support IIJA implementation. This funding would be available 
for Federal activities and to tribes who compact or contract 
under the Indian Self-Determination and Education Assistance 
Act to implement SFC projects. This investment is critically 
necessary to maintain existing project completion deadlines and 
ensure successful implementation of IIJA resources.
    We look forward to continuing our work with Congress 
related to the SFC program, and the use of IIJA funds to make 
improvements in tribal communities. Thank you.
    [The prepared statement of Ms. Fowler follows:]

Prepared Statement of Elizabeth Fowler, Acting Director, Indian Health 
         Service, U.S. Department of Health and Human Services
    Good morning Senator Smith and Members of the Committee. Thank you 
for the opportunity to provide another update on Indian Health Service 
(IHS) programs benefitting American Indian and Alaska Native 
communities under the Infrastructure Investment and Jobs Act (IIJA).
    The IHS is an agency within the Department of Health and Human 
Services (HHS) and our mission is to raise the physical, mental, 
social, and spiritual health of American Indians and Alaska Natives to 
the highest level. This mission is carried out in partnership with 
American Indian and Alaska Native Tribal communities through a network 
of over 687 Federal and Tribal health facilities and 41 Urban Indian 
Organizations (UIOs) that are located across 37 states and provide 
health care services to approximately 2.7 million American Indian and 
Alaska Native people annually.
Sanitation Facilities Construction Program
    The 1988 amendments to the Indian Health Care Improvement Act 
require IHS to maintain inventories of sanitation deficiencies for 
existing Indian homes and communities, to prioritize those 
deficiencies, and to annually report those deficiencies to Congress. 
Since 1989, IHS has annually reported these needs to Congress in the 
form of projects, which are currently catalogued in the Sanitation 
Deficiency System (SDS). Projects are identified in terms of the 
facilities to be provided, the cost of those facilities, and the number 
of homes to be served by the facilities. Funding for projects is 
distributed to the Areas based on an allocation formula that takes into 
account the relative needs identified in each Area's SDS inventory. The 
Sanitation Facilities Construction (SFC) program employs a cooperative 
approach for planning, designing and constructing sanitation facilities 
serving American Indian and Alaska Native communities. Each project is 
initiated at the request of a Tribe or Tribal Organization, and 
coordination is maintained throughout project planning, design and 
construction.
    At the end of fiscal year (FY) 2021 about 7,228, or 1.9 percent of 
all American Indian and Alaska Native homes tracked by IHS lacked water 
supply or wastewater disposal facilities; and, about 108,459 or 
approximately 29 percent of American Indian and Alaska Native homes 
tracked by IHS were in need of some form of sanitation facilities 
improvements. Many of these homes without service are typically located 
in remote locations such as on the Navajo Nation and in some remote 
Alaska Native Villages. The capital cost to construct these facilities 
are significantly higher than the provision of similar facilities in 
other geographic locations. Additionally, the cost burden associated 
with operation and maintenance of these facilities usually exceeds the 
capacity of the Tribal utility to generate sufficient revenue from the 
system users to support ongoing operation.
    The IHS tracks sanitation projects in the SDS. The list of 
sanitation projects in the SDS is not static. In collaboration with 
Tribes, IHS annually updates the SDS project listing to account for the 
addition of newly identified sanitation deficiencies and to update cost 
estimates due to increases related to inflation, labor and material 
costs, and project scope changes.
    At the end of FY 2021, the SDS included 1,513 projects. Of this 
total, 945 projects were feasible and 568 projects were infeasible with 
a combined total database cost estimated at $3.4 billion in eligible 
costs and an additional $735 million in ineligible costs that will have 
to come from other non-IHS funding resources.
    Ineligible costs are the costs associated with serving commercial, 
industrial, or agricultural establishments, including nursing homes, 
health clinics, schools, hospitals, hospital quarters, and non-American 
Indian and Alaska Native homes. The Sanitation Facilities Construction 
Act prevents the IHS from using its appropriations for these costs. 
However, the IHS regularly partners with Tribes and other Federal 
Agencies to identify alternative resources to successfully support 
these ineligible costs. If our Federal funding partners are not able to 
contribute financial support for the projects that have IHS ineligible 
costs, those projects will not be fully funded and hence cannot be 
completed if the Tribe does not have the financial capability to fund 
the ineligible portion of the project.
    Economically infeasible projects are those that exceed a per unit 
cost set for each IHS Area, and three different regions within the IHS 
Alaska Area. While there was not a statutory barrier to funding 
economically infeasible projects, the IHS had not been able to fund 
these projects in light of limited annual appropriations before the 
IIJA was enacted. The IIJA provided $2.2 billion for economically 
infeasible projects.
    The IHS categorizes SDS projects into three Tiers depending on a 
project's progress toward completing planning activities.

   Tier 1 projects are considered ready to fund because 
        planning is complete. However, design and construction contract 
        document creation activities are not yet complete for current 
        Tier 1 projects. These projects then move through the design 
        and construction contract document creation steps before a 
        construction contract can be initiated through Federal or 
        Tribal procurement methods.

   Tier 2 projects are projects that have a level of 
        engineering assessment completed, such that the deficiency is 
        understood and a recommended solution has been analyzed and 
        scoped; these projects have a cost estimate and design 
        parameters that are accurate within plus or minus 25 percent.

   Tier 3 projects are projects with cost estimates and design 
        parameters that do not have a specific accuracy target, but are 
        based on the best information available at the time of 
        submission. These projects demonstrate that an eligible 
        deficiency has been identified, but the Area may not have 
        determined the recommended solution.

    The IHS also assigns a Deficiency Level to each project in the SDS. 
Deficiency Levels are assigned in accordance with section 302(g)(4) of 
the Indian Health Care Improvement Act (IHCIA) (25 U.S.C.  1632(g)(4)) 
for each sanitation facilities project that has been identified as a 
need to support Indian Tribes and communities. The Deficiency Levels 
are explained in the table below.

------------------------------------------------------------------------
     Sanitation
  Deficiency Level                        Description
------------------------------------------------------------------------
V                     An Indian tribe or community that lacks a safe
                       water supply and a sewage disposal system.
IV                    An Indian tribe or community with a sanitation
                       system which lacks either a safe water supply
                       system or a sewage disposal system.
III                   An Indian tribe or community with a sanitation
                       system which has an inadequate or partial water
                       supply and a sewage disposal facility that does
                       not comply with applicable water supply and
                       pollution control laws, or has no solid waste
                       disposal facility.
II                    An Indian tribe or community with a sanitation
                       system which complies with all applicable water
                       supply and pollution control laws, and in which
                       the deficiencies relate to capital improvements
                       that are necessary to improve the facilities in
                       order to meet the needs of such tribe or
                       community for domestic sanitation facilities.
I                     An Indian tribe or community with a sanitation
                       system which complies with all applicable water
                       supply and pollution control laws, and in which
                       the deficiencies relate to routine replacement,
                       repair, or maintenance needs.
0                     No deficiencies to correct.
------------------------------------------------------------------------

    SFC projects can be directly operated by the IHS through Federal 
Acquisition Regulation contracts or through Tribal procurement. Tribes 
can directly operate SFC projects through Indian Self-Determination and 
Education Assistance Act construction contracts (25 C.F.R. 900 Subpart 
J, 42 C.F.R. 137 Subpart N).
Infrastructure Investment and Jobs Act
    The IIJA appropriated a total of $3.5 billion to the IHS SFC 
program. The Act includes $700 million annually from FY 2022 through FY 
2026. The Act includes a maximum 3 percent ($21 million) set-aside for 
salaries, expenses, and administration each year. These funds are 
limited to Federal costs only. It also directs that the IHS provide 0.5 
percent ($3.5 million) each year to the Office of Inspector General for 
oversight of these funds. Finally, the Act also directs the Agency to 
use up to $2.2 billion of the $3.5 billion appropriation on 
economically infeasible projects.
    The IIJA funds will support the construction of water, wastewater, 
and solid waste facilities in American Indian and Alaska Native tribes 
and communities. The IHS support for these facilities is an integral 
component of IHS disease prevention activities. As a result, infant 
mortality rates and mortality rates for gastroenteritis and other 
environmentally-related diseases have declined. Research supported by 
the Centers for Disease Control and Prevention states populations in 
regions with a lower proportion of homes with water service, reflect 
significantly higher hospitalization rates for pneumonia, influenza, 
and respiratory syncytial virus. \1\ Researchers associated the 
increasing illnesses with the restricted access to clean water for hand 
washing and hygiene.
---------------------------------------------------------------------------
    \1\ Thomas W. Hennessy, Troy Ritter, Robert C. Holman, Dana L. 
Bruden, Krista L. Yorita, Lisa Bulkow, James E. Cheek, Rosalyn J. 
Singleton, and Jeff Smith. The Relationship Between In-Home Water 
Service and the Risk of Respiratory Tract, Skin, and Gastrointestinal 
Tract Infections Among Rural Alaska Natives. American Journal of Public 
Health: November 2008, Vol. 98, No. 11, pp. 2072-2078.
---------------------------------------------------------------------------
    The SFC Program works collaboratively with Tribes to assure all 
American Indian and Alaska Native homes and communities are provided 
with safe and adequate water supply and waste disposal facilities. The 
residents of these homes will benefit from reduced health care cost 
associated with water related illnesses. The IHS estimated in FY 2021 
that for every $1 in funding provided for sanitation facilities 
resulted in $1.23 in avoided medical cost related to inpatient and 
outpatient visits related to respiratory, skin and soft tissue, and 
gastro enteric disease. As required by the bill, IHS will update the 
Congressional spend plan for these funds annually through FY 2026.
FY 2022 Infrastructure Investment and Jobs Act Funding Allocations
    On May 31, 2022, the IHS announced the FY 2022 allocation decisions 
for $700 million appropriated to the IHS in the IIJA.
    The IHS conducted 3 virtual tribal consultations on the IIJA from 
November 22, 2021, to January 5, 2022, and based on review and 
consideration of input received through tribal consultation, the IHS 
decided to use current Sanitation Deficiency System data and the 
agency's existing funding mechanisms to allocate these resources. This 
includes IHS direct service projects funded through Federal Acquisition 
Regulations contracts or tribal procurement, and Indian Self-
Determination and Education Assistance Act construction contracts.
    The IHS will allocate approximately $581 million in FY 2022 IIJA 
funding for Tier 1 project construction costs. A Tier 1 project is 
considered ready to fund because planning is complete. The IHS will 
also allocate $60 million for design and construction document creation 
activities related to these Tier 1 projects, which include engineering 
design activities for proposed sanitation facilities, contract 
documents, and contract plans and specifications.
    Tier 2 projects have a level of their engineering assessment 
complete and have a well understood deficiency and a recommended 
solution while Tier 3 projects have deficiencies identified but are 
still in the planning phase, which may include identifying solutions. 
The IHS will allocate approximately $33 million in FY 2022 IIJA funding 
for the planning, design, and construction contract document creation 
for Tier 2 and Tier 3 projects. The IHS will also use FY 2022 annual 
appropriations to support additional planning, design, and construction 
document creation activities for Tier 2 and Tier 3 projects. The SDS 
currently includes 661 Tier 2 projects, totaling approximately $2.2 
billion, and 361 Tier 3 projects, totaling approximately $505 million.
    These allocation decisions align with recommendations from tribal 
leaders to prioritize funding for projects that have completed the 
planning phase and can be immediately placed into the design and 
construction phase, and to provide sufficient funding for planning and 
design activities to get projects ready to fund.
    Within the IHS Bemidji Area, 19 Tier 1 projects totaling nearly 
$9.3 million in IHS eligible costs will be fully funded with the IIJA 
FY 2022 appropriation. *
---------------------------------------------------------------------------
    * The listing of the Bemidji Area Tier 1 projects has been retained 
in the Committee files.
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Sanitation Facilities Construction Workforce and Support Resources
    Historically, IHS has received limited program support resources to 
address the SFC project workload. SFC project funding has increased 
since FY 2018, and the IIJA funding will significantly increase the SFC 
workload. However, the IIJA limits funding for program support 
activities to 3 percent per year. Given this limitation, it is possible 
that the average project duration could be greater than the current 
average project duration of 3.6 years. The IIJA also restricts program 
support funding to federal activities, which means that Tribes that 
operate their SFC projects directly cannot access these needed 
administrative resources.
    To address this need for administrative support, the FY 2023 
President's Budget requests +$49 million in Facilities and 
Environmental Health Support resources to support IIJA implementation. 
This funding would be available for federal activities and to Tribes 
who compact or contract under the Indian Self-Determination and 
Education Assistance Act to implement SFC projects, unlike the 
administrative set-aside in the IIJA. This investment is critically 
necessary to maintain existing project completion deadlines and ensure 
successful implementation of IIJA resources.
    The IHS will leverage the use of multiple strategies and available 
authorities to support IIJA recruitment and hiring, including the use 
of global and open-ended job announcements to streamline the hiring of 
multiple candidates for jobs across the IHS system, developing a 
dedicated website to focus on the recruitment of these positions, and 
targeting job fairs. The IHS will also explore compensation 
flexibilities, like special salary rates and authority to approve 
larger recruitment, relocation, and retention incentives. Such 
incentives are necessary to increase IHS' competitiveness with both 
private and public sector organizations.
    We look forward to continuing our work with Congress related to the 
SFC program and the use of IIJA funds to make improvements in tribal 
communities. We are committed to working closely with our stakeholders 
and we understand the importance of working with partners to address 
the needs of American Indians and Alaska Natives.

    Senator Smith. Thank you, Ms. Fowler. We will now hear from 
Mr. Baumann.

        STATEMENT OF JEREMIAH BAUMANN, CHIEF OF STAFF, 
               OFFICE OF THE UNDER SECRETARY FOR 
           INFRASTRUCTURE, U.S. DEPARTMENT OF ENERGY

    Mr. Baumann. Thank you, Senator Smith, and thank you, 
honorable tribal leaders. It is an honor and a privilege to be 
here today.
    I work at the Department of Energy. My name is Jeremiah 
Baumann. I am the Chief of Staff to our new Under Secretary for 
Energy Infrastructure.
    It is an honor and a privilege to be here on the ancestral 
lands of the Dakota, your ancestral lands. Thank you for 
hosting, Mr. Chairman, here on the lands of the Shakopee 
Mdewakanton Sioux.
    On a personal note, I am eager to be here. I graduated from 
Rosemont High School, just a few miles down County Road 42. I 
should confess last time I was at Mystic Lake, I don't think my 
parents knew. So we will keep that among us.
    [Laughter.]
    Mr. Baumann. My written testimony has been submitted, and 
there is a list of different programs, both for which tribal 
nations and every indigenous community can get direct 
allocations of funding out of the Department of Energy, as well 
as those where Congress set it up as a competitive program. I 
thought, rather than list them all out, I will talk a little 
bit about how we are organizing the Department of Energy to 
implement these programs in a way that hopefully maximizes 
accessibility especially for Indian Country, and to talk a 
little bit about some of those programs sort of grouped by 
themes, to give a sense of some of the opportunities and hope 
that that sets up for us to learn how to best improve access to 
our programs.
    I do want to mention briefly some non-IIJA programs that 
might help as tribal communities look to navigate some of our 
programs, or that also might help to maximize opportunities.
    First, in terms of how the department is approaching the 
implementation of the Infrastructure Investment and Jobs Act, 
the department takes very seriously its trust responsibilities, 
and more than that, the President's directive to uplift and 
meaningfully engage all overlooked and marginalized 
communities, but particularly our indigenous neighbors and 
community partners, for whom we know too long our programs have 
not been made accessible, but for whom for too long the energy 
systems of the past and our current energy economy have caused 
damage or harm or left disproportionate burden.
    So we take our responsibility to fulfill the President's 
commitment to equity very seriously. We think that when it 
comes to building a new clean energy economy, which is the 
current charge of the Department of Energy, it is a chance to 
hopefully go beyond catching up. And there is catching up to do 
with our energy infrastructure and certainly with the energy 
infrastructure in tribal communities, but to actually address 
historical injustices by building a new clean energy economy 
that is more just and more equitable in terms of how it is 
built, how it is planned, on everything from not just 
consultation and engagement, but to actually equitably 
distributing benefits to as great a degree as we can.
    You may have heard of the President's commitment often 
referred to as Justice40, that 40 percent of the benefits of 
clean energy investment will flow to disadvantaged communities, 
including people of color, including tribal nations, including 
low-income communities who have too often been on the bad end 
of the disproportionate distribution of harms and burdens in 
our energy system.
    We have a Senate-confirmed leader of an Office of Economic 
Impact and Diversity at the Department of Energy who is 
translating what that means when it comes to building the new 
clean energy economy. If you look on our website, we have 
defined eight categories of energy benefits that range from 
minimizing new environmental burdens and reducing historical 
environmental burdens to reducing the disproportionate energy 
cost burden that is faced by too many tribal communities, to in 
some cases, I think the most extreme energy injustice in the 
Country, the tens of thousands of people in Indian Country who 
still don't even have access to affordable, reliable electric 
power from the grid.
    That is one theme that cuts across how we are planning our 
investments in Infrastructure Investment and Jobs Act programs. 
There are 72 of those programs that total $62 billion in 
funding. The Secretary has charged us as we design how the 
program will work, how the funds will be distributed, to embed 
those equity principles into each of the programs.
    We are also actually organizing the structure of the 
department itself in ways that we think will make us more 
accessible, make our programs more accessible for a variety of 
communities. DOE is interesting as an agency, in that for most 
of its history, about 80 percent of our resources have been 
research and development, developing new energy technologies in 
labs, trying the next generation of solar panels and wind 
technology that brings costs down and makes it more accessible. 
But we haven't actually specialized in how to more directly 
make those technologies more accessible with the predominance 
of our funds. Our energy efficiency and renewable energy teams 
have done a lot of work in that regard.
    But we see this as a huge opportunity because with the good 
work that Senator Smith and others did in putting together this 
law, 90 percent of the funds, more than 90 percent are actually 
for both demonstrating technologies, so helping both investors 
and companies that are going to deploy these technologies, 
understanding new technologues, but demonstrating them in ways 
that help communities understand the technologies, what are the 
pros and cons of these technologies, what are the costs, what 
are the risks and benefits to help figure out how they want to 
deploy the technologies, but also directly supporting 
communities in deploying those technologies.
    So the Secretary created a new Office of the Under 
Secretary for Infrastructure. Instead of being organized the 
way we energy nerds organize things, by renewable energy and 
fossil energy and nuclear energy and electricity, it is 
organized by the strategy or the community that we are trying 
to serve with these demonstration and deployment projects.
    So we created a new Office of State and Community Energy 
Programs, and we have actually moved the Office of Indian 
Energy Policies and Programs to sit alongside our State and 
Community Energy Programs, so that we are working together to 
build the capacity of the department to support clean energy 
deployment.
    Those offices are sitting alongside our Loan Programs 
office, our Clean Energy Demonstrations office, our 
Manufacturing and Energy Supply Chains office, so that all 
these programs are working hand in hand with the teams that are 
working to help these technologies get deployed in communities.
    Let me just talk briefly about a few of the types of 
programs I think might be of particular interest. First, we 
have three primary programs where Congress gave us a formula 
allocation that includes tribal nations and communities getting 
a direct allocation of funding. Those include energy efficiency 
and conservation block grants. That is $500 million to be used 
for a wide range of clean energy purposes, from planning what 
your community wants to have happen to its energy systems, to 
actually deploying energy efficiency or renewable energy 
projects.
    The Weatherization Assistance program, which is a 
longstanding program that improves home energy efficiency for 
low-income families, there is a huge infusion of $3.5 billion 
into that program. Those funds flow through both tribes and 
States to non-profit action agencies that actually do hire 
contractors and do the energy efficiency work in homes. I 
should highlight, that program is also eligible to used for 
workforce development and training a local workforce to do the 
work in buildings that will make those buildings more 
comfortable and reduce energy bills for families.
    The third category where there are formula dollars that 
directly allocate funds for tribal nations and communities is 
in the department of upgrading our electrical grid 
infrastructure. Specifically, one program called Preventing 
Outages and Enhancing the Resilience of the Grid allocates $2.5 
billion by formula to States and Indian tribes, primarily for 
increasing resilience to natural hazards that are increasing 
with climate change, from wildfire, storms, flooding, et 
cetera. A wide range of resilience activities are eligible, 
including building and developing microgrids and distributed 
energy resources which I know is something many American Indian 
and Alaska Native communities have expressed interest in.
    Senator Smith. Mr. Baumann, I am so sorry, I know it is 
quite difficult because we don't have timers on the table, but 
if I could ask you to wrap up your verbal testimony, we will 
have time to look at all the written testimony, so that we have 
time for questions.
    Mr. Baumann. Absolutely. Let me just quickly acknowledge 
one challenge, which is that some of the formula programs 
unfortunately both the ways the formulas work do result in 
quite small allocations, specifically to tribal communities. I 
think it was Chairwoman Chavers who mentioned the costs that 
can be imposed in terms of overhead and paperwork and financial 
reporting.
    So we are looking very hard at how we can be creative to 
help people access these funds in ways that might not have that 
overhead or that might leverage really small grants for much 
bigger benefit.
    I would be happy to talk more about some of those 
opportunities, including other programs of the department, as 
you would like. Thank you.
    [The prepared statement of Mr. Baumann follows:]

 Prepared Statement of Jeremiah Baumann, Chief of Staff, Office of the 
     Under Secretary for Infrastructure, U.S. Department of Energy
    Good afternoon, Chairman Schatz, Vice Chairman Murkowski, Senator 
Smith, and Members of the Committee. My name is Jeremiah Baumann, and 
it is my honor and privilege to serve at the Department of Energy (DOE 
or the Department), as the Chief of Staff for the Office of 
Infrastructure. The Department of Energy is responsible for upholding 
our trust responsibilities to federally-recognized tribes, and we are 
also directed by the President to uplift and meaningfully engage 
overlooked and marginalized communities to ensure the new clean energy 
future holds the same promise for everyone in the United States, 
including Tribal Nations and Native communities.
    Thank you for the opportunity to testify today. I am pleased to be 
able to highlight the work that the Department of Energy carries out 
related to opportunities provided through the Infrastructure Investment 
and Jobs Act (IIJA also known as the Bipartisan Infrastructure Law 
(BIL)) and specifically investments in Native communities.
    In support of IIJA, in February, DOE in February announced a 
realignment to ensure the Department has the structure needed to 
effectively implement the clean energy investment in President Biden's 
Bipartisan Infrastructure Law (or BIL) and the Energy Act of 2020, 
which includes over $60 billion primarily for major clean energy 
demonstration programs and more than triples DOE's annual funding for 
energy programs.
    Further, to embed equity into the way DOE does business and support 
the President's efforts to build a better America, the Department 
released a Roadmap to Equity. The Roadmap set five strategic equity 
goals as the foundation for helping us create a more inclusive, diverse 
environment for American communities, including Tribal Nations. The 
goals of this Roadmap include (1) addressing gaps in data collection to 
facilitate data-informed decisionmaking; (2) increasing opportunities 
for new applicants to DOE funding opportunities; and (3) increasing 
participation in DOE research and development and financial assistance 
programs.
Investing in Native Communities
    The IIJA (or BIL) positions DOE to support American communities, 
including Tribal Nations and Native communities, to upgrade and 
modernize infrastructure to build the clean energy economy that our 
Nation needs, to address climate change, and longstanding inequities in 
our energy system and our economy, and to move towards energy and 
environmental justice. The Bipartisan Infrastructure Law makes a 
historic investment in infrastructure--more than $62 billion for DOE to 
deliver a more equitable clean energy future--and the Department aims 
to use these funds to help address a range of critical energy issues in 
Indian Country, including the unacceptable fact that many in Indian 
Country still don't have access to reliable, affordable electricity.
    Congress made funds available specifically to Indian tribes for 
energy efficiency and conservation, clean energy projects, and 
preventing outages and enhancing resilience of the electric grid. This 
historic investment in clean energy demonstration projects will create 
jobs and economic opportunity for all Americans, including American 
Indian and Alaska Native communities.
    To maximize the benefits of BIL, including its benefits for Indian 
country, the Secretary implemented a historic realignment of the 
Department's organizational structure. DOE's energy programs have 
historically been approximately 80 percent focused on relatively early-
stage research and development. By contrast, the programs authorized in 
the Energy Act of 2020 and the IIJA are more than 90 percent focused on 
later stage demonstration projects, to commercialize new technologies, 
and deployment work, to help communities and the private sector widely 
and rapidly adopt clean energy technologies. To this end, the Secretary 
created a new Under Secretary for Infrastructure and instead of being 
organized around technology type, it is organized by demonstration or 
deployment strategy. The Office of Indian Energy Policies and Programs 
is overseen by that Office, alongside a new Office of State and 
Community Energy Programs, so that both teams can work together as the 
Department further develops its capacity to help local communities with 
clean energy deployment. These offices compliment the activities of the 
Loan Programs Office, as well as offices that focus on modernizing the 
grid, building manufacturing and energy supply chains, and constructing 
clean energy demonstration projects.
    There are a number of provisions within the IIJA specifically for 
tribes and Native communities. These were detailed during the Secretary 
of Energy's March 29th consultation with Tribal Leaders across the 
country.
    Provisions with specific allocations for Tribal Nations include:

   Energy Efficiency and Conservation Block Grants--a formula 
        program that will allocate $550 million to Indian tribes, 
        states and local governments. The funds can be used for a range 
        of clean energy purposes.

   Weatherization Assistance Program--This existing DOE program 
        will provide $3.5 billion to improve home energy efficiency for 
        low-income families, reduce energy costs, improve household 
        comfort and safety, and cut pollution. The funding flows 
        through states or to Tribal Nations to provide to 
        weatherization services to low-income families.

   Programs to upgrade the electrical grid--

          -- One of these--Preventing Outages and Enhancing the 
        Resilience of the Grid--allocates $2.5 billion by formula to 
        states and Indian tribes. These funds are primarily for 
        increasing the grid's resilience and hardening the grid to 
        natural disasters, using among other things, micro-grids and 
        distributed energy resources.

          -- Many American Indian and Alaska Native communities have 
        expressed interest in micro-grids and distributed energy 
        resources. o The Program Upgrading Our Electric Grid and 
        Ensuring Reliability and Resiliency is a competitive grant 
        program that will offer $5 billion to states, Indian tribes, 
        and others, for a broader range of projects to upgrade and 
        modernize transmission systems.

    In addition, tribes can apply to a wide range of programs offering 
investment in various new energy technologies, ranging from hydrogen 
hubs to advanced battery manufacturing to long-duration energy storage 
demonstrations. Several of these programs may be of particular interest 
to tribes and Native communities in rural areas or those who have a 
legacy of mining, fossil energy production, or other industrial 
activity.
    Other provisions under BIL which may be of interest to Tribal 
Nations and Native communities, include:

   The Energy Improvement in Rural and Remote Areas program 
        provides $1 billion to carry out activities to improve the 
        resilience, safety, reliability, and availability of energy and 
        to provide environmental protection from adverse impacts of 
        energy generation in rural and remote communities with 
        populations of 10,000 or less. Eligible projects may include: 
        (a) constructing cost-effective energy generation, 
        transmission, or distribution systems; (b) siting or upgrading 
        transmission and distribution lines; (c) reducing greenhouse 
        gas emissions from energy generation in rural or remote areas; 
        (d) providing or modernizing electric generation facilities; 
        (e) developing microgrids; and (f) increasing energy 
        efficiency. DOE anticipates emphasizing energy reliability and 
        resiliency for the funding, and will conduct stakeholder 
        engagement over the next few months to inform the structure of 
        the program.

   The Clean Energy on Mine Lands program: The $500M in funding 
        associated with this BIL effort will lead to the deployment of 
        up to five clean energy projects on lands subject to mining. 
        The projects will provide an opportunity for mining communities 
        to benefit from the next generation of energy development. DOE 
        is currently in the research stage, with community level 
        stakeholder engagement planned to start this summer, a 
        technical assistance and grant program to commence in the fall, 
        and solicitations for demonstration projects in mid-2023.

   The Advanced Energy Manufacturing and Recycling grants 
        program will offer $750 million in communities where coal mines 
        or coal power plants have closed to help build new or retrofit 
        existing small or medium-sized manufacturing or industrial 
        facilities. These facilities are envisioned to produce or 
        recycle clean energy products or to reduce carbon emissions 
        from industrial facilities.

   The Battery Materials Processing grant program and a Rare 
        Earth Elements Demonstration Facility effort will invest in 
        processing critical minerals and elements needed for the clean 
        energy supply chain, and will solicit projects to acquire those 
        minerals and elements from acid mine drainage, mine waste, or 
        other deleterious materials. These efforts will offer the 
        opportunity to create new industrial jobs and build a domestic 
        clean energy supply chain in the course of cleaning up and 
        restoring these waste sites where it is much needed.

    In addition to opportunities through BIL, the Department has been 
supporting Indian tribes and Native communities through the Office of 
Indian Energy Policy and Programs. Since 2010, the Office of Indian 
Energy Policy and Programs has invested over $114 million in more than 
200 tribal energy projects, making tangible benefits in many Native 
communities. These investments have resulted in more than 43 MW of new 
generation, and more than 10 MWh of new battery storage, providing 
electricity to over 8,600 tribal buildings across the Nation. These 
investments have saved over $13.7 million annually and are estimated to 
save over $295 million over the life of these systems, resulting in 
$3.46 saved for every DOE dollar invested.
    Because we are here in the great state of Minnesota, I will 
highlight that the following Minnesota Tribes have received financial 
assistance from the Office of Indian Energy Policy and Programs: (1) 
Leech Lake Band of Ojibwe, (2) White Earth Nation (2 awards), and (3) 
Lower Sioux Community. Additionally, in March, Leech Lake Band of 
Ojibwe was selected for an award to install 534 kilowatts of solar 
photovoltaic to power nine existing and to be constructed tribal 
buildings, estimated to save the Tribe over $2.5 million over the life 
of the systems.
    In May we announced two upcoming funding opportunities, one to 
deploy energy infrastructure on tribal lands and one to power 
unelectrified tribal homes and buildings.
    For larger scale projects, the Tribal Energy Loan Guarantee Program 
(TELGP) under DOE's Loan Programs Office is authorized to provide up to 
$2 billion total in partial loan guarantees to support economic 
opportunities for American Indian and Alaska Native communities through 
energy development projects. The Department is particularly pleased to 
report that for Fiscal Year 2022, Congress provided the DOE's Loan 
Programs Office the ability to offer direct loans through the U.S. 
Treasury's Federal Finance Bank for tribal energy development projects.
Conclusion
    Across all of DOE's IIJA efforts, the Department will prioritize 
the President's commitment to create quality jobs and his commitment to 
environmental and energy justice. These infrastructure investments 
represent a historic opportunity to make sure communities that have 
faced disproportionate environmental, economic, or other impacts from 
past energy production activities or that face the loss of jobs or 
other economic benefits aren't left behind.
    The realities and unmet needs that exist in Native communities are 
not congruent with the vast untapped energy resources that exist on 
Native lands. Tellingly, American Indian and Alaska Native communities' 
interest in developing these resources have increased in recent 
decades. Like many communities in the United States, Native communities 
are working towards strengthening their economies and increasing their 
well-being and accessible and reliable energy is foundational to 
achieving these goals.
    At DOE, the President's commitments require applicants for most 
programs to engage with communities where their work will be located 
and to develop specific plans to address job quality; diversity, 
equity, inclusion, and accessibility so that DOE can assess its 
progress toward meeting the President's Justice 40 commitments.
    On behalf of the DOE, thank you again for the opportunity to 
testify before you today. I appreciate the ongoing bipartisan support 
for the development of energy resources in Native communities. We want 
to create more opportunity for dialogue about how tribes, Alaska Native 
Corporations, and Native communities can lead the way to a clean, 
secure, and reliable energy future.
    I welcome your questions.

    Senator Smith. Thank you very much.
    Thank you to all of our testifiers. We are now going to 
move into a question period. Because it is just me asking 
questions, I am going to open up with some questions to our 
tribal leaders.
    But I want to welcome some give and take. If the tribal 
leaders have specific questions you would like to ask of our 
Federal witnesses, I would be really happy to facilitate this. 
Obviously, this is a huge topic, and it is not possible for us 
to get all our questions answered. But my goal from this is 
that we can get some next steps that I can then take back to 
the Committee for the work that we can do together.
    Let me start out with a question to any or all of the 
leaders here. I love this, I can't remember who said this, but 
the idea of the great catch-up when it comes to infrastructure, 
roads, bridges, broadband, water, and sewer.
    Chair Deschampe, I don't want to put you on the spot, but 
you certainly would be more than welcome to come and join as 
well.
    I would like to hear a little bit from our tribal leaders 
who are here, what do you see as the most important impacts of 
this infrastructure spending? This gets to what is embedded in 
all of your testimony. What are the one or two most important 
things we can do that this $13-plus billion in formula dollars, 
as well as grant dollars, what is the most important thing we 
can do to make sure you have good and equitable access to those 
resources? What do you think will be the greatest advantage and 
what do you think is the most important thing we can do to 
ensure equitable access to these resources? Would anybody like 
to start? Chief Executive Benjamin, and then Chair Dupuis.
    Ms. Benjamin. I think we have heard a lot of the tribal 
leaders talk about the allocation of funding and direct funding 
to the tribes. I think that is something that is going to be 
very beneficial. When I think about the Mille Lacs Band of 
Ojibwe, we are a smaller tribe, but we have been fortunate that 
we have a grants department that can assist in securing some 
funding, even though they are overloaded as well.
    But direct funding I think is so important to tribes, so 
the smaller tribes or other tribes that don't have the capacity 
are not left out of the opportunity to have funding to make a 
better life for their community members.
    Senator Smith. Thank you. Chair Dupuis?
    Mr. Dupuis. I think the impact isn't here yet, but to 
Melanie's comments, I completely agree with that. It is one of 
the biggest things tribal leaders have been saying for years, 
ever since I have been part of this, since 2002, is direct 
funding. If we get the direct funding, it allows us to build 
what we need, it allows us to look at the need, but most 
importantly, the unmet need. By traveling to the reservations, 
some of you, you get to see the good thinking, the good ways 
that tribes are implementing things.
    For example, microgrid. Fond du Lac has an electrical 
corridor, a microgrid. Our brother over here brought up the 
infrastructure piece of broadband. We also have our own 
broadband company, started before COVID. We need to be able to 
access that out farther than it is, off the reservation 
boundaries.
    But it is imperative that the direct funding comes to the 
tribes. That allows us to do what is needed for our 
constituents. But most importantly, so we can secure a future 
for the unborn. That is the ultimate goal of the tribal 
leaders. Miigwech.
    Senator Smith. Thank you.
    Mr. Deschampe. Yes. A lot of the dollars that we get 
through IHS for projects, they require a tribal match. Some of 
the smaller tribes, we are in no position to make that match. 
We have a sewer project in the works, it is on our SBS list. 
There is a line there, that where is your part coming from. We 
don't have that.
    So it comes with a lack of funding for us up north, and a 
lack of a grant department, too.
    Senator Smith. Thank you. For the record, Chair Deschampe, 
could you identify yourself?
    Mr. Deschampe. Robert Deschampe, Grand Portage Tribal 
Chair.
    Senator Smith. Thank you very much.
    Would other tribal leaders like to comment on this, answer 
this question? Chair Larsen?
    Mr. Larsen. I think the biggest piece is just respecting 
the tribes as sovereigns. Like they said, we know what the 
needs are. The restrictions on some of the funding pieces are 
what hurt, not having access to the match, not having 
departments that, I mean, we have an environment office of one 
staff. So when we are talking climate issues, we have one 
staff. We have a grant writer and a new grant writer that is 
learning.
    So those things aren't always as easy as you think, just 
write a grant and you can get it. I just want to put those out 
there.
    Senator Smith. Thank you. Chair Chavers?
    Ms. Chavers. Yes. I would like to say that for some of the 
programs that you listed, the direct funding allocation would 
be great for tribes. But when the funding comes or when it is 
announced, sometimes it is like a square trying to be fit into 
a round hole for us, because it doesn't meet any of those 
categories or those funding opportunities. Our needs are 
unique, so don't make such specific funding categories where it 
can't meet our need.
    That's why I think the direct funding is better. If you can 
do the direct funding, then basically the tribes have the 
ability to say, well, we can address that need with that 
funding. But if we went your route, we wouldn't even be able to 
access the funds.
    All the programs you mentioned, sir, Mr. Baumann, no 
disrespect, I don't have a clue what you are talking about. 
I'll be honest. And I am a small, rural tribe in need of 
Department of Energy money.
    We don't have renewable energy. We don't have any type of 
energy needs that are being met, because we don't know about 
it. We are small. You have to realize, the tribes that are 
small, one environmental staff, yes. We have one. That is the 
comment I have.
    Senator Smith. Chair Chavers, how many people do you have? 
Help us understand that a little bit better, because I think 
this is a really big deal.
    When you are getting information, others can respond to 
this as well, Secretary Savariego, I would love to hear from 
you as well. When you are receiving information about funding 
opportunities, especially grant opportunities, which is the 
biggest challenge, it seems to me, how do you get that 
information? What would be better ways of getting access to 
what is available out there?
    Ms. Chavers. Usually a tribal leader and/or a director of a 
program will get the funding opportunity, the funding 
announcement letter. Then we route it to the appropriate 
individuals. We have one grant writer. And we have to 
prioritize what our grants are going to be used for. Right now 
we have an issue with elderly housing.
    Senator Smith. Right.
    Ms. Chavers. Then the other part about it is having the 
ability to provide the backup documentation for that grant, the 
data.
    Senator Smith. You mentioned this in your testimony.
    Ms. Chavers. We don't have the data. We don't have the 
capability of collecting that data. So we hear about shovel-
ready projects, we are scrambling to get shovel-ready projects. 
Because we don't have the resources.
    A lack of resources, and staff, and collection of data, 
broadband, internet, we are doing our own fiber at home. We are 
finally going to have high-speed internet. Internet is huge in 
rural areas, in all tribal communities. With the pandemic, it 
came to the forefront.
    So that is it, the resources. We have a lot of inadequacies 
that, you think of the larger tribes, I am thinking southwest 
and whatever, but in our area, we are all struggling with 
staff.
    Mr. Savariego. I want to reiterate her point. Tribal 
Secretary, Upper Sioux Community, Adam Savariego. For the past 
year at Upper Sioux Community it is lack of professional 
talent, particularly in rural areas has been difficult. 
Particularly for our tribal planner, who is our lead grant 
writer. It took us eight, nine months just to get a resume 
submitted for an application. Then obviously someone, if they 
are not privy to tribal nations, sovereignty, and the politics 
of it all, that is another year-long process for them to learn 
the needs of our tribal community.
    So direct funding access, as we keep mentioning, has helped 
a lot. The ARPA funds, the ability to use those funds 
immediately for a variety of different programs, post-COVID or 
the post-pandemic phase was really beneficial to our tribe.
    As Deuce said, tribes know themselves best. So believe us 
when we say that ultimately, particularly because of the lack 
of staff, if we are not a metro area tribe, by any means.
    It has just been a battle, like I said, for the past year 
now in this position, looking for someone with the capability 
and competence, to attract them to a town of 2,800 people in 
southwest Minnesota.
    Senator Smith. Thank you. Would anyone else like to comment 
on this question?
    Mr. Larsen. As far as getting the information?
    Senator Smith. Both, yes, as far as getting the 
information.
    Let me go to Chair Anderson. I don't think you have had a 
chance to speak on this question yet. I am asking generally 
sort of two related questions. One, what do you see as the 
benefit of these infrastructure dollars, and what specifically 
do we need to do to make sure that benefit can be equitably 
distributed? We have had some really good comments about direct 
funding, flexibility. Chair Anderson, please?
    Mr. Anderson. Chairman Anderson, Shakopee Mdewakanton Sioux 
Community. I wanted to mention and reiterate all my addressing 
of your questions were answered. The biggest piece of the lack 
of workforce, especially in a rural area, and expertise, is 
going to have to be addressed in this funding. I think you 
might have some allowance for that assistance.
    Then if you have a lack of workforce to get these projects 
shovel-ready, you will just keep dragging it on. So I think 
that direct funding, and there might even be a question about 
the equitable distribution of it as well. You have more needs 
in certain areas, and Bryan, I think you certainly addressed 
all of these things the BIA is responsible for.
    I like the tiered effect of the sanitary funding that the 
IHS is looking at. There is a piece for the planning process. 
We all know that takes a certain percentage of the dollars it 
takes to do a project. So if you have a million-dollar project, 
you might spend $100,000 on planning for it, or engineering it.
    All of these things, along with everything everyone was 
saying about access, open communication, impacts the timing of 
all these projects, especially for the rural tribes, because 
they need that time to make sure they are doing the right thing 
and the planning process so key to that.
    Senator Smith. Thank you. Chair Larsen?
    Mr. Larsen. I think the piece that would go along with it 
is that technical assistance would be nice. We have gotten a 
lot of the information from your office. Ravyn has been great, 
I will have to say. To be able to get that technical assistance 
for our staff to help navigate through it would be a great 
help.
    Senator Smith. Thank you very much.
    Chair Dupuis?
    Mr. Dupuis. I would like to add, on the technical 
assistance, if we take a look at it, and you can vouch for this 
too, for a very long time we never had that. So a lot of 
different things were put into place, starting with the 
initiation of Indian gaming, for example. I can speak for Fond 
du Lac, we didn't call outsiders in to build a casino. We 
didn't call outsiders in to do this; we did it on our own.
    But it only carries so far. And the principles that come in 
as a tribal leader, our grant principles will come to me as an 
email, and my job is to disperse that out to whoever we have. 
But there is a lack of technical assistance or technical 
knowledge within that structure. That Infrastructure Bill will 
allow tribes to set that up also within our community colleges 
and principles like this for this training and technical 
assistance that we need.
    But again, it all goes back to one simple thing in my 
opinion, is that direct funding. If anybody in the Country 
knows how to stretch the dollar, the tribes have proved that. 
The tribes have proved it over and over that we are the group 
of people who are forced to stretch their dollar to try to make 
things work. Again, the most important thing is, what we do 
today as tribal leaders is to protect the future for our unborn 
and ensure there is a future for our unborn.
    There are things that we need. But it kind of relies on 
that simple principle of giving us the direct funding. It 
allows us to build the infrastructure that we need to reach our 
unmet needs. It is nobody else's responsibility, because nobody 
else can do it. For 530 years, somebody has tried to tell us 
what is best for us, and it has failed.
    If we get that direct funding, that allows the tribes to 
build up that infrastructure that we need to secure that future 
for our unborn. Miigwech.
    Senator Smith. Thank you. I want to ask if Mr. Roy would 
like to say a few words. I see you have joined the table. If 
you could please identify yourself.
    Mr. Roy. Thank you, Senator Smith. My name is Secretary-
Treasurer Alan Roy of the White Earth Nation. I just really 
appreciate the comments that are being offered by our Federal 
counterparts. It is very encouraging to hear Mr. Baumann with 
his remarks related to energy.
    I know on my last leg of my service in tribal government, 
we focused on a number of areas. It is just very encouraging to 
see that there is plenty of opportunity out there.
    I would just say communication is a huge thing. Ms. Chavers 
has emphasized that. We just don't know about a lot of these 
programs. By having a field hearing and bringing the folks out 
here to meet us, it makes a huge difference. That leader-to-
leader discussion, it can't be replaced by email or ``dear 
tribal leader'' letters. I get tons of those every week. But 
just seeing somebody face to face makes a huge difference. 
Thank you.
    Senator Smith. Miigwech.
    I am going to turn to our Federal witnesses. I am quite 
confident that the emphasis you are hearing from tribal leaders 
today around direct funding and flexibility, challenges around 
tribal match, and technical assistance are all things you are 
quite familiar with.
    Mr. Newland, would you like to respond and just tell us a 
little bit about how the Federal Government where you are, 
especially Interior, is working to respond to these needs from 
tribes?
    Mr. Newland. Sure. At the Department of the Interior, we 
have much clearer legal authority to do the direct funding that 
we have heard about today through Public Law 638 contracting, 
as well as self-governance annual funding agreements. Many of 
our fellow agencies don't have that explicit power. So the 
relationship, rather than being a government-to-government 
relationship, is often, when we talk about square peg in round 
hole, it becomes a grantor-grantee relationship.
    We have heard about this, and also have heard about, Chair 
Chavers, the frustrations about not knowing all of the other 
components of funding available to tribes. We are trying to get 
at that in a number of ways, including through the White House 
Council on Native American Affairs, and making sure that our 
folks in BIA who often, in the field, have the most regular 
communication with tribal leaders and staff, are conduits for 
that information.
    I am also aware that when it comes to these notifications 
for consultation or funding availability, they come either not 
at all or all at once. So as tribal leader, you go to your 
mailbox in the tribal office and there is a stack this thick of 
tribal leader letters from different agencies, and 
consultations are overlapping and deadlines are overlapping. So 
your staff of one or your staff of one-half are forced to come 
to you as tribal leader, your tribal administrator and try to 
triage all of that. It is very challenging.
    So we are working at the Department of the Interior with 
our colleagues across the government to help folks understand 
self-determination and flexibility. In Executive Order 13175 
from President Clinton, it talks about consultation but it also 
directs Federal agencies to work with tribes on waivers for 
these program requirements for grants, so that when there are 
technical requirements that tribes can't turn on a dime and 
meet quickly that agencies have a directive from the President 
to waive those requirements in partnership with tribes.
    So we are trying to educate our colleagues and other 
agencies on their authority, not only their authority, but 
their directive from the President to use those powers and to 
work with tribes on consensual policy making, and to coordinate 
our consultation notices and notices of availability, and to 
really turn our relationship across the Federal Government away 
from a grantor-grantee relationship into a government-to-
government partnership.
    We have seen that with the Rescue Plan funding, as the 
secretary noted. It comes with the ability to use as needed to 
respond to crises and urgent needs with a lot of flexibility 
and without a lot of really detailed restrictions. We have seen 
tribes do just amazing work with that to benefit their own 
communities as well as neighboring communities.
    Senator Smith. I remember quite well, leaders, the many 
conversations we had between the CARES Act and the American 
Rescue Plan, which I think was an example of a significant 
improvement in terms of providing direct funding. I have been 
able to visit some of the tribal nations around the State to 
see the benefits of that in terms of how you have already 
deployed those resources so effectively.
    I want to follow up, Mr. Newland, on something you said. It 
is really important. Rather than a government-to-government 
relationship, which is what should be, we have a grantee-
grantor relationship, which is a completely different thing. 
You mentioned there are challenges because not every agency has 
the authorities they need in order to fulfill that government-
to-government treaty and trust and legal responsibility.
    Did I understand that correctly? Because that is a 
Congressional issue.
    Mr. Newland. Correct. The 638 contracting authority is 
really limited to the Department of the Interior and to Indian 
Health Service. Then there are examples in other agencies for 
limited purposes. So even where we have agencies that have, and 
agency officials that have a desire to provide a lot of the 
flexibility with funding that we are talking about, they don't 
have the broad scope of authority to do that that we have 
within Indian Affairs.
    So the Executive Order that President Clinton issued, that 
President Biden has reaffirmed, tries to make up for that by 
directing agencies to waive some of these restrictions. But 
that is a muscle that hasn't been exercised consistently in the 
last two decades. It is a workaround for some of these 
challenges. But it doesn't shave the square peg into a round 
peg.
    Senator Smith. Thank you. I think that is very important, 
and suggests a place for further work on the part of Congress. 
I think a lot of times Federal agencies are trying to figure 
out how to implement something when Congress also has a job to 
do that it hasn't done.
    I am also just struck by the fact, I can't even count the 
number of Federal employees that must work in all the agencies 
that are interacting one way or another with tribal 
governments, and the level of understanding of what that 
government-to-government relationship should be is dramatically 
different.
    I know the State of Minnesota has worked very hard to do 
significant training around what that government-to-government 
relationship looks like. I know there is work that is being 
done in the Biden Administration to try and improve that.
    But we are talking about hundreds of thousands of 
individuals that one way or another are doing this work. That 
is one of the reasons why, on the side of the tribes, that it 
often doesn't feel like there is coordination and cooperation.
    Chair Dupuis wanted to say something, and we are going to 
wrap up in a few minutes. I want to give a chance to Ms. Fowler 
and Mr. Baumann, if you had something else you wanted to add to 
this conversation.
    Mr. Dupuis. I was on a call not too long ago about tribal 
ecological knowledge. And the conversation that we are talking 
about right now was brought up within it. When you have that 
many agencies that want to work with tribes it becomes a 
logistical nightmare. One of the things they are saying is, 
they want to have consultation with all the tribes. Well, there 
are 576 tribes. How is that going to happen?
    So the conversation went into a regional, but it also went 
into the training, what is going on within the State of 
Minnesota, and how you can apply that at a Federal level. 
Because within the consultation policy at the Federal level, it 
works both ways.
    So the question I am going to ask [indiscernible] is the 
Executive Order, if I remember reading it, I can't remember if 
it says shall and will, or may. So I think the Executive Order, 
where it is put into place, is how the interpretation comes 
through. The tribes, when they request that under the 
interpretation or request that waiver principle, designating an 
Executive Order, an agency will turn around and say, no, we are 
not going to do that.
    So by an Executive Order being put into place, it becomes 
law. So we don't want to make it any harder than it is, but 
agencies are violating the law. That is one of the issues we 
ran into in the State of Minnesota, is the execution of 
statutes, that if they don't follow the statutes, it is 
violating the law, or breaking the law in its simplicity.
    So those are some of the key things I think have to be done 
on that interpretation principle from the Federal Government to 
the tribes in that manner and its agencies. But to have 
consultation with 576 tribes on ecological knowledge is going 
to be an absolute logistical nightmare. So the idea was to 
break it up into regions. I think that is where this should be 
going. By doing that, we are able to build up that training 
principle for the staff of these Federal agencies.
    I just wanted to let everybody know that conversation has 
been in a call with the feds on tribal ecological knowledge. 
Miigwech.
    Senator Smith. Thank you.
    Ms. Fowler or Mr. Baumann, is there anything you would like 
to add to this conversation, of what we have been discussing 
around solidifying the government-to-government relationship 
within this process as we work hard to get these infrastructure 
dollars out the door?
    Ms. Fowler. Yes, thank you. Thank you for that opportunity.
    I just wanted to say a few words about some of the issues 
that were raised this morning. First of all, we are aware that 
the $3.5 billion that was appropriated to the Indian Health 
Service under the Infrastructure Investment and Jobs Act was 
really aligned with the inventory in our Sanitation Deficiency 
System. So at the end of December of 2021, we had $3.4 billion 
worth of projects in our SDS.
    But I think what is important for folks to understand is 
that is not a static list. It gets updated annually. There may 
be changes to State or Federal regulations that require 
additional projects to be added, maybe that we haven't 
identified all the deficiencies that are out there. So those 
need to be added. Then we need to remove those that have been 
funded.
    So there will still be a need for sanitation facilities 
construction funding. But we are really excited about the 
opportunity for such an infusion of funds. There are some 
restrictions we have to work with this, statutory for the most 
part. For example, I believe the matching that was mentioned, I 
think that refers to the ineligible costs of our projects.
    We are able to fund our water and sewer system projects 
that benefit Indian homes. So there are portions, we are not 
able to spend our appropriations on non-Indian homes or 
commercial businesses.
    But we have a responsibility to work with the tribe to 
identify alternate resources to fund those costs that are 
ineligible for our appropriations. For example, the $581 
million that will go toward 475 projects in Fiscal Year 2022, 
Tier 1 projects, we know there is $118 million of ineligible 
costs that go along with those projects. But we are going to be 
working hard to identify alternate resources.
    Senator Smith. Thank you.
    Ms. Fowler. We also know that the administrative and 
administration costs are an issue. That is why we requested the 
additional $49 million in the President's budget for Fiscal 
Year 2023.
    But we are going to be also working as hard as we can on 
the Federal side. We are ramping up our hiring so that we can 
provide as much technical assistance as we can, since the 
tribes are unable to access the administrative portion of those 
funds that were appropriated.
    Overall, we are really excited. We are committed to tribal 
consultation. I really encourage tribes to work with their area 
sanitation facilities construction program. They do a great job 
in helping to identify those deficiencies. We are always open 
to hear how we can improve on that.
    Senator Smith. Thank you very much.
    Mr. Baumann, did you want to add anything?
    Mr. Baumann. Very briefly, to some of the specific issues 
that you and the tribal leaders have raised. I will identify, 
Department of Energy is one of these agencies that doesn't 
really have the flexibility to move more of our funds into 
direct funding. Congress tells us which ones are formulas and 
which ones are competitive. So we would love to work with you 
and the Department of Interior to figure out where is our best 
creative flexibility there.
    Several tribal leaders have raised this issue of technical 
assistance, which is a very big one. Chairman Chavers, I want 
to recognize that our stuff is very complicated.
    [Laughter.]
    Mr. Baumann. Most people don't speak Energy Greek.
    So one thing we try to do, we have both an ongoing Office 
of Indian Energy Policy and Programs that has technical 
assistance grants to help tribes hire a consultant, hire a 
person, find someone who can help with the planning and the 
technical assessment of things.
    And we are looking for where we can within our authority 
actually take portions of the Infrastructure funding and 
dedicate to technical assistance on the front end, so in some 
cases we will say, we will have a specific program and money is 
set aside, so that you can use the first year's funding to plan 
a project and figure out what you can do with it, then the 
second year's funding to build a project, is one example.
    Senator Smith. Thank you very much.
    Before Chair Dupuis speaks, does anyone else have something 
they want to add? Chief Executive Benjamin?
    Ms. Benjamin. Melanie Benjamin, Chief Executive, Mille Lacs 
Band of Ojibwe. That is the first time I have done that through 
this whole hearing.
    [Laughter.]
    Ms. Benjamin. I have a question regarding trust 
responsibility. That is going to be addressed to you.
    I talked a little bit in my testimony about wanting to make 
sure that we address climate change. Then when we look at that, 
that tribes sometimes are the ones that are kind of pushed out 
of the way for this advancement of technology and mining and 
things of that sort.
    So how do you address trust responsibility to tribes when 
you are also looking at trying to address climate change? I 
have a story that just recently we had a rep from Department of 
Energy come to one of our areas, and we were talking about the 
Talon Mine. We brought up trust responsibility. The 
individual's long-term employee talked about yes, that we need 
to have a relationship where we trust each other and we can 
communicate.
    So there is not a lot of the staff that maybe understand 
what that trust responsibility is. Then when there is a 
conflict, I believe that you have a trust responsibility to the 
Mille Lacs Band on some of our issues.
    We are going to address this whole Talon Mining, so then 
there are two positions that you have to be involved in. That 
is mainly what I think about in terms of where does that line 
get drawn, when we are talking about trust responsibility with 
the tribes. But you are also talking about some of these green 
projects that are moving forward that are going to have a 
negative impact on our way of life and our water.
    I think about the Talon Mine up in Tamarack. That will have 
an impact all the way down to Minneapolis-St. Paul. I think a 
lot of people don't understand that. So that is kind of what I 
think about too.
    I just wanted to throw quickly to Indian Health Service, 
technology, I know we have to be more modern terms of this 
technology to provide the services. So I want to throw that 
out, that we are going to really need more discussion and more 
support about bringing all of our technology up to speed to be 
able to provide the best medical services for our reservation 
members and our community members that utilize our clinics.
    Thank you, Senator Smith.
    Senator Smith. Thank you.
    Mr. Baumann, do you want to respond to that quickly? Then I 
will turn back to tribal leaders to see if they have any last 
questions before we wrap up?
    Mr. Baumann. I am happy to. Thank you so much for those 
comments, Chief Executive Benjamin. The issue you identified is 
a big one that is very much on the Secretary's radar screen.
    To answer your question about trust responsibility, the way 
I think about it is we have to take responsibility for it at 
multiple levels. That means both in the kind of literal sense, 
we have to get Department of Energy's trust responsibilities 
right.
    We also have to work with our interagency partners, because 
for a lot of these specific projects, like a mining project, it 
gets complicated quickly.
    If I understand correctly on the Talon Mine situation, 
there is a Department of Energy grant that is going to a 
project at the site to assess one of the minerals for a carbon 
storage potential. It is not to do any extraction of nickel or 
cobalt.
    But it is more complicated than that, too, because often 
even if we were directly involved in a project, we might not be 
the permitting agency that does the land and the water and the 
air permitting. That might be Interior, it might be EPA.
    So we have to do a better job as a Federal family getting 
coordinated and making sure we are collectively exercising our 
trust responsibilities.
    I would also say that I think they go beyond this sort of 
just technical check the box pieces of getting the consultation 
and engagement to taking the whole issue you are raising 
seriously. This issue of critical minerals that are needed for 
electric vehicles, for renewable energy, is an important one. 
There is a rush, like you are talking about, to try to be less 
dependent on other countries for a lot of those minerals as we 
build these economies. But we have to get it right in terms of 
the impact on the environment, on communities, on sacred lands.
    I want to mention that, it is in my written testimony, so I 
won't go into any detail, but we do have some programs looking 
at how we find those minerals other ways from recycling, 
getting them out of batteries that are otherwise being thrown 
out, how we actually get them out of mine waste, coal waste, 
hard rock mining waste, so the communities that actually want 
old mines cleaned up can get some jobs in the process and we 
get a better source of minerals in some cases.
    Senator Smith. Thank you very much.
    I want to be respectful of everybody's time. I think we are 
getting close to when we were scheduled to end this hearing. As 
I said, we have the opportunity to have a working lunch after 
this, which I am looking forward to.
    I also want to turn to Minnesota leaders who are here today 
and see if you have any further questions or comments that you 
want to make right now before we wrap up.
    Mr. Dupuis. I just want to make the comment, Region 5 for 
IHS is the lowest-funded region, and it has always been. I 
think if we are going to look at IHS, I think the additional 
funding needs to come up. There was a balance under that 
principle. If we can take a look at what have within the State 
of Minnesota as an unmet need, we have the most dispersion of 
children out of placement in the entire State, what it carries 
through per capita to the entire Country.
    So Region 5 under IHS really needs to be looked at under 
that principle of adding more funding to Region 5 to reach the 
unmet needs.
    One of the comments you made under the DOE is under the 
department that there is not a direct line or a direct funding 
principle. We understand that. But there can be tribal set-
asides so that we don't have to compete with others under that 
manner. I think the tribal set-aside is very important if we 
getting to a place that tribes have the equality principle to 
do that, they don't have to go through the competitive process 
against a larger corporation or organization. Simple tribal 
set-aside revenue put into place can help the tribes in that 
manner.
    Miigwech.
    Senator Smith. Thank you.
    I want to thank all of our witnesses for being here today 
and for providing your testimony and this conversation. I think 
the opportunity with the Infrastructure and Jobs Act is 
significant. It is equally significant that we ensure that that 
opportunity works for Minnesota tribal nations and for tribal 
nations all over the Country.
    We have heard today from these leaders about the importance 
of direct funding and respect for flexibility in the way that 
the dollars are disbursed. We have also heard about the special 
challenges that small tribes and rural tribes in particular 
have, not only with providing matches and for funding for the 
people to fill the jobs that you have, but realizing that you 
might not even have the jobs that you can fill in order to 
participate as fully as you might like to in the grant-making 
process.
    I think it is a really good thing that we have Mr. Newland, 
who has experience both as a tribal leader and now working with 
in the Federal Government system, who I think understands, as 
do all of our witnesses on the Federal side, about what these 
challenges are like on the ground for tribal leaders who are 
trying to do the very, very best they can to take good care of 
their members and their responsibilities.
    We also heard about the importance, the deep need for 
technical assistance and the challenges around trying to figure 
out how to put together the data that you need to put together 
in order to participate in these strategies, and again the 
historic underfunding that makes it difficult to take advantage 
of this now historic funding that is here to improve the lives 
of people living on tribal lands. We have not today talked very 
much about urban indigenous communities, but this is also an 
extremely important thing that I keep in mind all the time as 
well, as I think about these responsibilities.
    I want to thank very much Chair Anderson and the Shakopee 
Mdewakanton Community for hosting us today and your generosity 
in having us all be here. I also want to let all of our 
witnesses know that you may receive follow-up questions, 
written questions for the record from me or from other members 
of the Committee who are not here. We will let you know if we 
have any of those.
    This hearing record will be open for two weeks. I want to 
thank all the witnesses for your time and your testimony today. 
This hearing is adjourned.
    [Whereupon, at approximately 12:50 p.m. CST, the hearing 
was adjourned.]
                                ------                                


             ADDITIONAL STATEMENT SUBMITTED FOR THE RECORD

 Prepared Statement of Hon. Michael Fairbanks, Tribal Chairman, White 
                              Earth Nation
    Chairman Brian Schatz, Vice Chairman Lisa Murkowski and Members of 
the Senate Indian Affairs Committee:
    Thank you again for holding this important Field Hearing: 
``Investing in Native Communities: Transformative Opportunities in the 
Infrastructure Investment and Jobs Act'' in our own State of Minnesota. 
We believe Native Members across this state will be able to demonstrate 
excellent examples of transformative actions in infrastructure with the 
assistance of this bill.
    The people of the White Earth Nation are very supportive of the 
passage of the Infrastructure Investment and Jobs Act. We worked hard 
for passage of this important legislation and we are very pleased with 
the expansion of programs for native people. However, we strongly 
believe critical infrastructure needs for tribal nations are still key 
to improving life for all of our people through significant investment
    I am attaching my written testimony that was sent to your Committee 
on July 2, 2021. As you can see our needs are very basic in three 
critical areas: roads, transit and water and sewer. Each of these areas 
are extremely underfunded and keep the White Earth Tribal Nation at a 
competitive disadvantage with our non tribal neighbors. We are very 
hopeful with the increased funding levels in this legislation for the 
various programs for tribal nations, we can improve our critical edge.
    The greatest need the White Earth Tribal Nation has for 
infrastructure improvement is simply more funding for roads. We are a 
very large reservation in a rural area. The formula for tribal lands to 
distribute funds for roads has actually been diminishing for 
reservations like White Earth. A key formula area was changed over a 
decade ago and now large rural reservations without large traffic 
volumes, like White Earth Tribal Nation, actually suffer with this new 
formula. We believe another key factor needs to be added to the formula 
determination: the size of a reservation and the number of roads 
required by the tribal government to maintain. As you can see, our 
estimates show we need $30,000,000 for just basic road repairs and 
upgrades. Many of our roads are still gravel or dirt roads. We need to 
upgrade these roads for better connection with all communities and to 
improve safety on tribal roads for everyone.
    Another critical area for the White Earth Tribal Nation is transit 
as I outlined in my testimony to you again last year. The White Earth 
Tribal Transit program is an active program with transit buses 
connecting members throughout our reservation and other communities in 
the area for medical, education, and employment. We critically need to 
upgrade these facilities with improved hub facilities for our members 
as they use these facilities in temperatures that can range from over 
100 to near -40 Fahrenheit degrees. Our members need reliable 
transportation if their personal vehicles are not working and transit 
provides the best alternative.
    Another important area is improvement of the Water and Sewer 
infrastructure on our Reservation. As you can see from my testimony 
from last year, we estimate a need of $13 million to replace aging 
water storage tanks and improve the four water treatment facilities. We 
currently estimate another $4.5 million to repair the wastewater 
treatment ponds and service lines and this does not even start to cover 
the cost of further upgrades needed in other areas of the water and 
sewer programs to our many homes and businesses across the reservation.
    The infrastructure needs for the White Earth Tribal Nation are 
great. This tribal nation plans to actively seek grants under most of 
the key categories for the $13 billion outlined in the legislation such 
as the traditional programs for Rebuilding Roads, Bridges and Public 
Transportation in Indian Country, Promoting High Seed Internet, 
Protecting our Shared Environment and Promoting Clean Energy, Ensuring 
Clean and Safe Water, Upgrading Sanitation Systems, and Investing in 
Tribal Cybersecurity. But we also plan to seek grants and funding in 
the general categories for non-tribal programs as well especially in 
the new areas for multimodal freight and highway projects for rural 
areas, railway-high grade separation projects, and many other 
competitive grant programs in various new categories.
    Thank you for this opportunity to provide testimony on this 
important legislation. We believe these funds can help propel tribal 
nations into a new level of connectivity for surface transportation, 
transit and bus programs, Internet, water and sewer and many other 
areas of this legislation that will provide tribal people with new 
tools to improve lives and make reservations not only a better place to 
live but a safer, cleaner and more productive environment as well.

    Attachment

    Chairman Brian Schatz, Vice Chairman Lisa Murkowski and Members of 
the Committee:
    On behalf of the White Earth Band of Ojibwe (the ``Band''), as the 
duly elected Tribal Chairman, I am grateful for the opportunity to 
share with our some of our needs to ensure that our concerns and voices 
are heard on these issues. My name is Michael Fairbanks and I have been 
serving as the Tribal Chairman since 2019. Thank you for this 
opportunity to address infrastructure needs in Indian Country. I 
respectfully submit the following written testimony for the Senate 
Committee on Indian Affairs for your consideration.
    Established by the Treaty of 1867, the White Earth Reservation is a 
36 mile by 36 mile square in northwestern Minnesota. Our homelands are 
very important to us but lagging investment in infrastructure over the 
last several decades has created serious need within our communities. 
This testimony will focus on roads, transit and water infrastructure.
Roads
    Based on the Band's Long Range Transportation Plan (LRTP) to meet 
future residential expansion and economic growth, we require a total of 
thirty million dollars ($30,000,000.00) for road repairs and upgrades. 
These repairs and upgrades will not only assist the Band in meeting our 
goals within our LRTP but provide safer transportation within the 
Reservation boundaries. Many roads Band members use to travel to their 
homes and between communities are gravel or dirt roads and this 
investment will help make our roads safer and more well suited to our 
northern climate.
Transit
    The White Earth Transit Department requires a new transit facility, 
which would cost four million dollars ($4,000,000.00). This new 
facility will serve as the hub of tribal transit. The new location 
would be centered to better serve the Reservation and our membership, 
as well as new equipment to meet operation and maintenance needs on our 
fleet of buses.
    The Transit Department also requests funding to expand broad band 
to serve the new facility. This would provide optimal communication 
between customers as well as our employees. Broadband access is sorely 
lacking on the Reservation, which hinders the daily lives of our 
members, including the further use and development of our transit 
system.
Water and Sewer
    The White Earth Water and Sewer Department is in need of thirteen 
million dollars ($13,000,000.00) to replace four water treatment plants 
and recondition three elevated water storage tanks. Replacing the aging 
plants would serve as a benefit to consumers as well as the staff to 
provide optimal treatment in removing contaminants and easier 
maintenance with new equipment. New equipment would provide the 
technology to remotely monitor the water plants as well as provide 
backup power ensuring no down time or outages.
    Additional funding is needed to provide efficient wastewater 
services to the tribal communities as well. White will require four 
million three hundred thousand dollars ($4,300,000.00) provide repair 
and upgrade to four wastewater treatment ponds and service lines. These 
proposed upgrades and repairs are similar to the water treatment 
request in that new equipment would provide the ability to remotely 
monitor and backup power to ensure no failure or outages in service. 
This is benefit not only to our staff's safety but public health 
preventing any wastewater exposure in the event of a failure/sewer back 
up in the street or residences.
    White Earth has many needs for investment in our tribal 
infrastructure, but these needs are our priority for development and 
will assist our tribal members. Thank you, Chairman Schatz and 
Committee members for hearing our priorities and for acting 
accordingly. Chi-miigwech!