[House Hearing, 118 Congress]
[From the U.S. Government Publishing Office]


                      EXAMINING THE PRESIDENT'S 
                    FISCAL YEAR 2024 BUDGET REQUEST
                       FOR THE BUREAU OF INDIAN 
                        AFFAIRS AND OFFICE OF
                          INSULAR AFFAIRS

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

                           OVERSIGHT HEARING

                               BEFORE THE

               SUBCOMMITTEE ON INDIAN AND INSULAR AFFAIRS

                                 OF THE

                     COMMITTEE ON NATURAL RESOURCES
                     U.S. HOUSE OF REPRESENTATIVES

                    ONE HUNDRED EIGHTEENTH CONGRESS

                             FIRST SESSION

                               __________

                         Thursday, May 25, 2023

                               __________

                           Serial No. 118-33

                               __________

       Printed for the use of the Committee on Natural Resources
       
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        Available via the World Wide Web: http://www.govinfo.gov
                                   or
          Committee address: http://naturalresources.house.gov
          
                               __________

                                
                    U.S. GOVERNMENT PUBLISHING OFFICE                    
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                     COMMITTEE ON NATURAL RESOURCES

                     BRUCE WESTERMAN, AR, Chairman
                    DOUG LAMBORN, CO, Vice Chairman
                  RAUL M. GRIJALVA, AZ, Ranking Member

Doug Lamborn, CO		Grace F. Napolitano, CA		
Robert J. Wittman, VA		Gregorio Kilili Camacho Sablan, 
Tom McClintock, CA		  CNMI
Paul Gosar, AZ			Jared Huffman, CA
Garret Graves, LA		Ruben Gallego, AZ
Aumua Amata C. Radewagen, AS	Joe Neguse, CO
Doug LaMalfa, CA		Mike Levin, CA
Daniel Webster, FL		Katie Porter, CA
Jenniffer Gonzalez-Colon, PR    Teresa Leger Fernandez, NM
Russ Fulcher, ID		Melanie A. Stansbury, NM
Pete Stauber, MN		Mary Sattler Peltola, AK
John R. Curtis, UT		Alexandria Ocasio-Cortez, NY
Tom Tiffany, WI			Kevin Mullin, CA
Jerry Carl, AL			Val T. Hoyle, OR
Matt Rosendale, MT		Sydney Kamlager-Dove, CA
Lauren Boebert, CO		Seth Magaziner, RI
Cliff Bentz, OR			Nydia M. Velazquez, NY
Jen Kiggans, VA			Ed Case, HI
Jim Moylan, GU			Debbie Dingell, MI
Wesley P. Hunt, TX		Susie Lee, NV
Mike Collins, GA
Anna Paulina Luna, FL
John Duarte, CA
Harriet M. Hageman, WY

                    Vivian Moeglein, Staff Director
                      Tom Connally, Chief Counsel
                 Lora Snyder, Democratic Staff Director
                   http://naturalresources.house.gov
                                 ------                                

               SUBCOMMITTEE ON INDIAN AND INSULAR AFFAIRS

                     HARRIET M. HAGEMAN, WY, Chair

                JENNIFFER GONZALEZ-COLON, PR, Vice Chair

               TERESA LEGER FERNANDEZ, NM, Ranking Member

Aumua Amata C. Radewagen, AS         Gregorio Kilili Camacho Sablan, 
Doug LaMalfa, CA                         CNMI
Jenniffer Gonzalez-Colon, PR         Ruben Gallego, AZ
Jerry Carl, AL                       Nydia M. Velazquez, NY
Jim Moylan, GU                       Ed Case, HI
Bruce Westerman, AR, ex officio      Raul M. Grijalva, AZ, ex officio

                              -----------                                
                                
                               CONTENTS

                              ----------                              
                                                                   Page

Hearing held on Thursday, May 25, 2023...........................     1

Statement of Members:

    Hageman, Hon. Harriet M., a Representative in Congress from 
      the State of Wyoming.......................................     1
    Leger Fernandez, Hon. Teresa, a Representative in Congress 
      from the State of New Mexico...............................     3

Statement of Witnesses:

    Newland, Hon. Bryan, Assistant Secretary--Indian Affairs, 
      U.S. Department of the Interior, Washington, DC............     5
        Prepared statement of....................................     6
        Questions submitted for the record.......................    13
    Cantor, Hon. Carmen, Assistant Secretary for Insular and 
      International Affairs, Office of Insular Affairs, U.S. 
      Department of the Interior, Washington, DC.................    15
        Prepared statement of....................................    17
        Questions submitted for the record.......................    18



 
OVERSIGHT HEARING ON EXAMINING THE PRESIDENT'S FISCAL YEAR 2024 BUDGET 
 REQUEST FOR THE BUREAU OF INDIAN AFFAIRS AND OFFICE OF INSULAR AFFAIRS

                              ----------                              


                         Thursday, May 25, 2023

                     U.S. House of Representatives

               Subcommittee on Indian and Insular Affairs

                     Committee on Natural Resources

                             Washington, DC

                              ----------                              

    The Subcommittee met, pursuant to notice, at 9:15 a.m. in 
Room 1324, Longworth House Office Building, Hon. Harriet M. 
Hageman [Chairwoman of the Subcommittee] presiding.

    Present: Representatives Hageman, Radewagen, LaMalfa, 
Gonzalez-Colon, Carl, Moylan, Westerman; Leger Fernandez, 
Sablan, and Case.

    Ms. Hageman. The Subcommittee on Indian and Insular Affairs 
will come to order.
    Without objection, the Chair is authorized to declare a 
recess of the Subcommittee at any time.
    The Subcommittee is meeting today to hear testimony on 
examining the President's Fiscal Year 2024 budget request for 
the Bureau of Indian Affairs and the Office of Insular Affairs.
    Under Committee Rule 4(f), any oral opening statements at 
hearings are limited to the Chairman and the Ranking Minority 
Member. I therefore ask unanimous consent that all other 
Members' opening statements be made part of the hearing record 
if they are submitted in accordance with Committee Rule 3(o).
    Without objection, so ordered.
    I will now recognize myself for an opening statement.

 STATEMENT OF THE HON. HARRIET M. HAGEMAN, A REPRESENTATIVE IN 
               CONGRESS FROM THE STATE OF WYOMING

    Ms. Hageman. The Subcommittee is meeting today to conduct 
oversight of the budget request for the agencies under our 
jurisdiction.
    As I stated in our first budget hearing, under the 
Constitution, Congress has the power to tax and to spend, and 
we have a responsibility to make sure that it is done wisely. 
There are finite Federal resources, and agencies must be held 
accountable for their spending and prioritization of programs 
and policies.
    Federal funding for programs and services for federally 
recognized Indian tribes and U.S. Insular Affairs spans several 
Federal agencies. However, the majority of that spending falls 
within two Department of the Interior agencies: the Bureau of 
Indian Affairs, or BIA; and the Office of Insular Affairs, or 
OIA. This hearing will focus on the President's Fiscal Year 
2024 budget request for BIA and OIA, along with how best to 
allocate funds and what changes may need to be made.
    Over the past several years, there has been a substantial 
increase in Federal funding across agencies and programs, 
including those that serve Native communities. This increased 
spending means a higher deficit: an intense concern for many 
Americans about the fiscal future facing our nation. We are at 
$32 trillion in debt, and that is unsustainable.
    Beginning with the BIA, this agency is charged with 
honoring the United States' treaty and trust responsibilities 
toward American Indians and Alaska Natives and the 574 
federally recognized tribes in the United States. The agency 
administers 55 million surface acres and 57 million acres of 
subsurface mineral estates held in trust by the United States 
for tribes and for individual American Indians and Alaska 
Natives. It also provides programs for tribes that address 
community services, public safety, and to encourage economic 
opportunity for Native communities.
    The President's budget proposes a $684 million increase for 
the BIA for Fiscal Year 2024. It proposes to transfer 105(l) 
leases and contract support costs to mandatory spending, which 
would then bypass the appropriation process. It also proposes 
to focus more resources on conservation, so-called climate 
change, and energy development that is allegedly renewable, but 
which can have its own profound impacts on our environment, our 
wildlife, and our fisheries, not to mention the fact that such 
energy resources are astronomically expensive and tend to be 
viable only with substantial Federal subsidies, which increases 
our cost of energy across the board, resulting in energy 
poverty, including within our Native communities.
    This focus on so-called climate change and alternative 
energy cannot take away from the BIA's responsibility to ensure 
tribes are not limited in opportunity for natural resource 
development on their tribal lands, which is an issue that has 
been brought to me repeatedly by numerous tribes from around 
the country.
    For many tribes, real property holdings are the basis for 
social, cultural, and religious life, and often their single 
most important economic resource. Access to resource 
development cannot be pared back in the name of broadly and 
nebulously-defined climate goals. History has shown that we can 
balance conservation and resource development, and tribes are 
actually the experts on this. They have knowledge and the 
experience to make it work, and BIA should be supporting those 
efforts of self-determination.
    The President's Fiscal Year 2024 budget also includes a 
proposed $30.5 million for tribal land consolidation without 
indicating that intensive improvements have been made from the 
way the previous land buyback programs have been managed. 
Throwing more money at the complicated issue of land 
fractionation will not get us anywhere without reconsidering 
how to deal with the issue of probate and focusing resources on 
how to pursue outcomes on this issue that are the very best for 
our tribes.
    Turning to the OIA, this is an agency charged with carrying 
out responsibilities for U.S. insular areas. This includes the 
U.S. territories of Puerto Rico, American Samoa, Guam, the U.S. 
Virgin Islands, and the Northern Mariana Islands, as well as 
implementing the Compacts of Free Association, or COFA, for the 
Republic of Palau, the Federated States of Micronesia, and the 
Republic of the Marshall Islands.
    OIA's budget shows a $211 million decrease for Fiscal Year 
2024. My understanding, however, is that this reflects the 
expiration of the economic assistance to the Marshall Islands 
and Micronesia under the current COFA, and the Fiscal Year 2024 
budget does not include proposals for a future COFA that is in 
the process of being renegotiated.
    While it was expected that this information would be 
communicated separately, I would encourage this Administration 
to be more open and communicative regarding how much funding 
future COFA agreements will cost, and have a discussion with 
Congress about where that funding should come from, and which 
department receives and administers it.
    Continuing oversight of BIA and OIA to ensure they are 
fulfilling their mission efficiently and effectively for the 
benefit of Native communities and the insular areas is a main 
priority of this Subcommittee. Today, that means having a 
productive discussion about these agencies' budgets and where 
resources should be allocated.
    Both BIA and OIA are charged with the responsibility of 
maintaining the important relationships between the U.S. 
Government and the tribes and the U.S. insular areas, 
respectively.
    I want to thank the witnesses for being here to testify 
today, and I look forward to your testimony.
    The Chair now recognizes the Ranking Minority Member for 
her statement.

STATEMENT OF THE HON. TERESA LEGER FERNANDEZ, A REPRESENTATIVE 
            IN CONGRESS FROM THE STATE OF NEW MEXICO

    Ms. Leger Fernandez. Thank you so very much, Chairwoman, 
and thank you witnesses for being here.
    And I do think that we are sitting at this moment on this 
day, on this dais, and with these witnesses at a critical point 
of how do we view the priorities regarding the budget. We must 
remember that a budget is a reflection on our values, and today 
we have a sharp contrast on Republicans' and Democrats' vision 
of those priorities.
    Republicans' priority at this moment is to create a crisis, 
a needless crisis over the debt limit. They call for drastic 
cuts to spending for those who most depend on our Federal 
funding. It is hypocritical, I believe, to call for these 
drastic cuts when it was under Republican leadership that the 
bulk of this deficit was created. The Trump administration 
added $8 trillion to the deficit. The Trump administration 
added up to $8 trillion to the deficit.
    The next largest contribution to the deficit was also under 
a Republican President, and that was President Bush. These 
deficits were not needed. They were not incurred to help 
working Americans, but they were targeted to the wealthiest and 
largest corporations among us. The Trump tax cuts alone, which 
benefited the wealthiest in America, added $2 trillion to the 
deficit.
    Now, let's contrast that with this Administration. Under 
the first 2 years, President Biden decreased, decreased the 
deficit by $1.4 trillion under the first 2 fiscal years. So, we 
can see that with Democrat Presidents, and when the House and 
Senate are under Democrat control, we decrease the deficit, 
even as we were investing in what truly needed to be done, 
responding to the pandemic, making sure people had an ability 
to get back to work. We have now increased employment, so it is 
at projected levels from before the pandemic ever hit.
    So, let's look at the budget of which this budget that you 
are presenting is part of. That budget is anticipated to be 
part of a plan to continue to decrease the deficit. There has 
been placed by this President a budget that would reduce the 
deficit by close to $4 trillion without harming the most 
vulnerable among us.
    I want to talk a little bit more about what the Republican 
default on America plan would mean. It would lead to 1,500 
fewer tribal law enforcement personnel, 500 fewer teachers and 
other school staff, 25 percent less funding available for basic 
education, and a delay in funding construction for the schools. 
I have been to those tribally-based schools, and they need 
work. Some of them look like they should be condemned. And, 
sadly, many of our tribal buildings where our children learn 
have been condemned.
    So, I want to look at what you are proposing, which is part 
of this larger budget, which would indeed bring down the 
deficit. And the reason it brings down the deficit is this 
Administration is willing to increase revenues. It is not just 
about cutting spending; it is increasing revenues. And there 
are ways to do it that are fair: a minimum tax, making sure 
that everybody pays their taxes, let the IRS go after those 
millionaire and billionaire tax cheats.
    That is what we need to have happen, because what we have 
presented here are key increases for initiatives like law 
enforcement for murdered and missing Indigenous peoples; 
economic development projects; Native language revitalization; 
climate resilience grants, because it is not a so-called 
climate crisis, we are living through that climate crisis; 
forestry projects; and Indian land consolidation.
    The budget also proposes $199 million for BIA construction 
activities. That includes public safety facilities, as well as 
irrigation and dam infrastructure.
    I know that these funding increases are so needed at the 
agency because one of the reasons why we don't get stuff done 
fast enough, and we want you to get stuff done a lot faster, is 
you need people, we need personnel.
    With that, I yield back, Madam Chairwoman.

    Ms. Hageman. Now, I will introduce our witnesses: Mr. Bryan 
Newland, Assistant Secretary, Indian Affairs, Bureau of Indian 
Affairs in Washington, DC; and Ms. Carmen Cantor, Assistant 
Secretary for Insular and International Affairs, Office of 
Insular Affairs, Washington, DC.
    Let me remind the witnesses that under Committee rules, 
they must limit their oral statements to 5 minutes, but their 
entire statement will appear in the hearing record.
    To begin your testimony, please press the talk button on 
the microphone.
    We use timing lights, and when you begin the light will 
turn green. When you have 1 minute left, the light will turn 
yellow. And at the end of 5 minutes the light will turn red, 
and I will ask you to please complete your statement.
    I will also allow all witnesses on the panel to testify 
before Member questioning.
    The Chair now recognizes Mr. Newland for 5 minutes.

   STATEMENT OF THE HON. BRYAN NEWLAND, ASSISTANT SECRETARY--
INDIAN AFFAIRS, U.S. DEPARTMENT OF THE INTERIOR, WASHINGTON, DC

    Mr. Newland. Thank you, Madam Chair. Good morning, members 
of the Committee and Ranking Member. I appreciate the 
opportunity to appear before the Subcommittee today to present 
testimony on President Biden's Fiscal Year 2024 budget request 
for Indian Affairs at the Department of the Interior.
    This budget request includes $4.7 billion in funding for 
the Bureau of Indian Affairs, the Bureau of Indian Education, 
and the Bureau of Trust Funds Administration, as well as 
programmatic functions within the Office of the Assistant 
Secretary. It also includes proposed mandatory 
reclassifications for contract support costs and 105(l) tribal 
leases.
    The total request for the Bureau of Indian Affairs is $3 
billion, which would include $642 million for public safety and 
justice operations, an increase of $62 million. Operational 
funding supports expanding tribal needs and policing, 
detention, as well as tribal courts.
    To strengthen tribal homelands, the budget also includes a 
language proposal for the Carcieri fix, which will ensure that 
all federally recognized tribes have the same ability to place 
land into trust.
    The BIA is also requesting $30.5 million for the Indian 
Land Consolidation program to continue addressing fractionation 
of Indian lands.
    And the budget also includes $12 million for the creation 
of a new Tribal Land and Water Conservation Fund acquisition 
program for tribes.
    As part of our government-wide efforts to strengthen tribal 
communities, our budget includes an increase of $38 million. 
This includes $79 million for social services, which will 
support expanded implementation of the Indian Child Protection 
and Family Violence Prevention Act.
    In addition, our budget includes increases of $26 million 
to expand the Tiwahe Initiative through several human services 
programs, including the Housing Improvement Program.
    Our budget also includes an additional $27 million 
investment in Native language revitalization, which is crucial 
to preserve endangered tribal languages, and has been 
highlighted as a priority through the Secretary's Boarding 
School Initiative.
    The budget also proposes $2.8 billion in new mandatory 
funding over 10 years for tribal water rights settlement 
requirements, including $2.5 billion to cover the costs of 
enacted and future settlements and $340 million for ongoing 
costs associated with settlements that have already been 
enacted and that are managed by the Bureau of Reclamation.
    The budget also invests in infrastructure needs in Indian 
Country. For example, we include an increase of $24 million for 
replacement and deferred maintenance projects to address public 
safety and justice facilities, particularly our BIA jail 
system. The budget includes $51 million for road maintenance, 
an increase of $12 million to support maintenance activities on 
roads across Indian Country.
    We are also seeking limited additional funding to meet our 
staffing needs across Indian Affairs, including building up our 
capacity through the White House Council on Native American 
Affairs, which coordinates activities across all Federal 
agencies, as well as addressing the growing demand on our staff 
by tribal requests for 105(l) tribal leases.
    The President's Fiscal Year 2024 budget request for BIE 
programs at the Department totals $1.6 billion. This includes 
$416 million for education construction to replace and repair 
school facilities and address deferred maintenance across our 
BIE school system. Out of our 163 schools in the BIE system, 
more than 80 are listed as in poor condition. This funding will 
help ensure that all Native students have a quality learning 
environment.
    With respect to the Bureau of Trust Funds Administration, 
we are seeking $109 million. This is actually $2.2 million 
below the Fiscal Year 2023 enacted amount, which reflects a 
proposed transfer of funding for probate work within the Office 
of Hearings and Appeals from BTFA to BIA to address our probate 
backlog.
    And we also want to encourage Congress to accept the BTFA 
organizational structure in the Fiscal Year 2024 appropriations 
bill. BTFA provides a unique Federal trust function that must 
remain separate from the Bureau of Indian Affairs.
    We believe that this budget proposal reflects the United 
States' and the President's commitment to upholding our trust 
and treaty responsibilities, and will improve life for Indian 
people in tribal communities across Indian Country.
    Thank you, Madam Chair. I look forward to answering any 
questions you and Members may have.

    [The prepared statement of Mr. Newland follows:]
   Prepared Statement of Bryan Newland, Assistant Secretary--Indian 
                  Affairs, Department of the Interior
    Good morning, Chair Hageman, Ranking Member Leger Fernandez and 
members of the Subcommittee. Thank you for the opportunity to testify 
regarding the Fiscal Year 2024 President's Budget Request for Indian 
Affairs.

    The President's 2024 budget for Indian Affairs is $4.7 billion--
this total includes funding for all of Indian Affairs which includes 
the Bureau of Indian Affairs (BIA), Bureau of Indian Education (BIE), 
the Bureau of Trust Funds Administration (BTFA) and the Office of the 
Assistant Secretary for Indian Affairs (AS-IA), as well as proposed 
mandatory reclassifications for contract support costs and 105(l) 
Tribal leases. As the Assistant Secretary for Indian Affairs, I oversee 
the program offices within the BIA, the BIE, the BTFA and additional 
programmatic functions within the immediate AS-IA Office.
Recent Accomplishments

    Indian Affairs is leading improvements in education, supporting 
economic development, improving law enforcement programs, and helping 
Tribes manage climate change through resiliency and adaptation, among 
many other policy initiatives. I want to pause and reflect on our 
remarkable and collective work accomplished over the past year.
    Indian Affairs has expanded the use of the Buy Indian Act to bring 
support to Indian Economic Enterprises. In Fiscal Year 2022, nearly 
$420 million in spending went to Native-owned businesses, which 
represents 72% of all of Indian Affairs' purchasing power.
    We are focusing on retention and recruitment. Hiring continues to 
be a challenge in technical fields, and we are looking at all levers we 
have available to improve retention and recruitment. In the area of law 
enforcement, the BIA Office of Justice Services team is working closely 
with the Indian Affairs Office of Human Capital on several strategies 
to support recruitment and retention. The foremost strategy is a pay 
parity initiative which will bring BIA law enforcement pay levels in 
line with other Federal law enforcement, this change would result in up 
to an additional $30,000 annually for BIA law enforcement officers. We 
are currently in the process of converting current staff to the new pay 
levels and openings for new vacancies are being advertised at this 
higher pay rate. Our team is also meeting on weekly basis to ensure the 
hiring process and background checks move as quickly as possible. BIE 
also continues its focus on teacher and counselor pay parity to attract 
and retain key staff at all BIE-funded schools.
    The Missing and Murdered Unit continues to collect and review 
unsolved cases involving Missing and Murdered American Indian/Alaska 
Native People; prioritize and assign cases for investigation; 
coordinate investigation and search & recovery resources within Indian 
Country; and liaison with Tribal, state, and Federal law enforcement 
agencies on Missing and Murdered Indigenous People related issues. 
Since its creation in 2021, the MMU has investigated 735 missing and 
murdered persons cases, solved, or closed 264 missing persons cases, 
and solved 8 murder cases.
    The Tiwahe Initiative is working on expanding to new sites. Indian 
Affairs worked with existing Tiwahe sites to develop a framework for 
selecting new Tiwahe sites, and then conducted consultation with Tribes 
on the framework. Thirty-five (35) Tribes applied for inclusion in the 
Tiwahe Demonstration Project. We recently announced the selection of 
two new Tiwahe sites from this process, the Confederated Salish and 
Kootenai Tribes in Montana and the Paiute Indian Tribe of Utah. 
Additionally, we provided $100,000 in one time funding to 10 other 
Tribes that applied so they can implement programs that were included 
in their Tiwahe proposal or to participate in the Tiwahe incubator to 
perform a needs assessment and develop a Tiwahe plan.
    Indian Affairs is leading the investigation into the Federal Indian 
Boarding School system. Spotlighting this part of American history is 
needed for Indian Country and the United States to heal and move 
forward together. BTFA is the lead organization for research on this 
initiative. Our initial investigation identified marked or unmarked 
burial sites at approximately 53 different schools across the system. 
As the investigation continues, we expect the number of identified 
burial sites to increase.
    Interior continues to be a government-wide leader in shaping Tribal 
consultation policy and facilitating Tribal input into policy 
development and program implementation. At the forefront of this effort 
is the White House Council on Native American Affairs. The Council has 
played a critical role in coordinating across agencies and holding 
government-wide consultation to facilitate implementation of the 
Bipartisan Infrastructure Law, Inflation Reduction Act and other 
critical policies.
    To support teachers and administrators, the Bureau of Indian 
Education (BIE) is investing in BIE's Strategic Transformation of 
Education Program (STEP) providing professional development, upgraded 
technology, and enhancing our ability to provide culturally relevant 
education across BIE. BIE is also developing a BIE Principal's 
Leadership Academy to deliver professional development to school 
leaders, focus on educational outcome improvements, support retention 
of key administrators and develop our future leaders. Furthermore, BIE 
is implementing Behavioral Health and Wellness Programs serving BIE 
students, staff, and communities with mental health and wellness 
support. BIE school safety and security improvements continue to be a 
priority with targeted funding and hiring plans that support school 
leaders. BIE is also moving forward on clean energy goals--including 
Clean School Bus and School Replacement Construction initiatives that 
not only reduce our carbon footprint but support economic development 
and cleaner energy future for the students and communities we serve.
Bureau of Indian Affairs and Office of the Assistant Secretary for 
        Indian Affairs

    The mission of the BIA is to enhance the quality of life, promote 
economic opportunity, and carry out the Federal responsibility to 
protect and improve the trust assets of American Indians, Indian 
Tribes, and Alaska Natives. The request for BIA and the AS-IA Office is 
$3.0 billion in current appropriations. Within this total, the budget 
includes $431.4 million for Contract Support Costs and $82.5 million 
for Payments for Tribal Leases, which are requested as current 
mandatory funding to ensure we can continue to make these critical 
payments and meet other trust obligations. The 2024 budget supports an 
all-of government approach to addressing Federal responsibilities and 
Tribal needs in Indian Country. The White House Council on Native 
American Affairs, in coordination with Indian Affairs bureaus, supports 
collaboration on this work across Federal agencies. We are also looking 
to leverage external resources. The budget includes additional funding 
to build out an Office of Strategic Partnerships which can leverage 
philanthropic funding to build on Federal resources for program 
delivery for Indian Country.
Operation of Indian Programs
    The 2024 budget for the Operation of Indian Programs account is 
$2.3 billion. The 2024 budget continues to focus on the priorities put 
forward in our 2023 budget of increasing sovereignty over Tribal lands, 
advancing economic opportunities, ensuring public safety, and 
responding to climate change.
Protect and Support Safe Tribal Communities
    BIA's Office of Justice Services (OJS) funds law enforcement, 
corrections, and court services to support safe Tribal communities. The 
2024 budget includes $641.8 million for Public Safety and Justice 
(PS&J) operations, an increase of $62.1 million above the 2023 enacted 
level. Operational funding supports the expanding Tribal needs in 
policing, detention, and Tribal courts, including those resulting from 
the McGirt v. Oklahoma Supreme Court decision.
    The budget includes a $33.5 million program increase to Criminal 
Investigations and Police Services, specifically targeted to increase 
the number of officers and investigators on the ground in Indian 
Country. A program increase of $2.0 million is also requested to 
enhance functions within the OJS Professional Standards Directorate, 
including recruitment and retention initiatives, development and 
evaluation of law enforcement policies, program reviews, and training. 
The 2024 budget includes $16.5 million to address the crisis of Missing 
and Murdered Indigenous People. The Missing and Murdered Unit engages 
in cross-departmental and interagency collaboration to identify gaps in 
information sharing and data collection to investigate these cases more 
effectively.
    As part of a proposed expansion to the Tiwahe Initiative, the 
budget includes $1.9 million for the Office of Tribal Justice Support 
to provide technical assistance to Tribes looking to develop and 
operate Healing to Wellness courts. These courts serve as alternatives 
to incarceration and provide a culturally appropriate forum to support 
those within the criminal justice system by assisting in addressing 
underlying behavioral health and substance abuse issues.
Promote Tribal Self-Determination
    The 2024 budget provides $444.4 million for programs that support 
Tribal government activities. The budget includes $240.8 million for 
compact activities for self-governance Tribes, enabling Tribes to plan, 
conduct, consolidate, and administer programs, services, functions, and 
activities for Tribal citizens, according to priorities established by 
their Tribal governments. The budget includes $86.2 million to support 
Consolidated Tribal Government Programs for Tribes operating under P.L. 
93-638 contracts, giving approximately 275 Tribes the flexibility to 
combine and manage contracted programs and grants that are similar or 
compatible to simplify contracting.
    The Small Tribes Supplement program helps eligible Tribes expand 
and sustain their Tribal governance. The 2024 budget funds the program 
at $23.0 million--$16 million above 2023 enacted. This level of funding 
is estimated to reach a funding threshold of $300,000 for the Tribes in 
this category. The budget requests an additional $2.0 million to hire 
additional Awarding Officials (AOs) and support staff at regional BIA 
field sites in the regions to address the growing number of complex 
contracts that involve multiple and diverse programs. The BIA has more 
than 9,500 open Title I, ISDEAA contracts being administered throughout 
the Nation. Increased personnel will also help ensure timely Tribal 
payments, which is an area that has been and continues to be reviewed 
by the Government Accountability Office.
Strengthen Tribal Communities
    As part of the government-wide efforts to strengthen Tribal 
communities, the budget includes $205.4 million, an increase of $38.4 
million above 2023 enacted, in Human Services funding to support Indian 
families. This amount includes $79.5 million for Social Services, which 
will support expanded implementation of the Indian Child Protection and 
Family Violence Prevention Act. The Act seeks to bolster child 
protection and ensure better coordination between child welfare and 
domestic violence programs in Indian Country. In addition, the budget 
includes increases of $26.7 million to expand the Tiwahe Initiative 
through several Human Services programs.
    Indian Affairs is uniquely positioned to assist in the effort to 
recover the histories of Federal Indian boarding schools. The 2024 
budget includes $7.0 million for the Secretary's Federal Indian 
Boarding School Initiative (BSI) and its comprehensive review of 
Federal boarding school policies. This funding will continue to 
implement recommendations laid out in the May 2022 Federal Boarding 
School Initiative Investigative Report, including continued historical 
research and documentation, and work to identify and protect the 
remains of those identified.
Advance Indian Trust Ownership and Improve Indian Trust-related 
        Information
    The 2024 budget includes a total of $201.2 million for the Trust 
Real Estate Services activity, an increase of $42.2 million. Also 
included is an appropriations language proposal to strengthen Tribal 
homelands through the ``Carcieri Fix,'' which will ensure all 
Federally-recognized Tribes may place land into trust status.
    The Trust Real Estate Services activity implements strategies to 
advance Indian trust ownership and improve Indian trust-related 
information. The 2024 budget proposes $201.2 million for real estate 
services programs and supports the processing of Indian trust-related 
documents, such as land title and records and geospatial data, to 
support land and water resources use, energy development, and 
protection and restoration of ecosystems and important lands. An 
additional $1.9 million supports the new Office of Indigenous 
Communication and Technology to support Tribal efforts to increase 
broadband access and licensing for broadband spectrum frequencies, and 
to advance other critical infrastructure investments. The BIA requested 
increase of $2 million supports additional Realty staff at Trust field 
locations to manage increased infrastructure development document 
processing to ensure leasing, rights-of-way, and other approval 
processes are completed timely.
    The budget also proposes to shift funding for the DOI Office of 
Hearings and Appeals (OHA) Probate Hearings Division to BIA from the 
Bureau of Trust Funds Administration. This transfer will align OHA's 
Probate Hearings Division function with BIA's Probate Real Estate 
function, allowing the Department to more efficiently process probate 
cases to completion by improving coordination between BIA and OHA.
    BIA requests $30.5 million, a $22.5 million increase above 2023 
enacted, for the Indian Land Consolidation Program (ILCP), which 
purchases fractional interests from willing individual Indian 
landowners and conveys those interests to the Tribe with jurisdiction. 
ILCP funding recognizes the ongoing need to continue to address 
fractionation on Indian lands while also focusing support on Tribes' 
plans for and adaptation to climate change. This program is especially 
important since the Land Buy-Back Program for Tribal Nations (LBBP), 
established as part of the Cobell Settlement, ended in November 2022. 
The ICLP has incorporated lessons learned from the LBBP and the 
previous ILCP in BIA to ensure effective program implementation.
    The budget includes $12.0 million for the creation of a new Tribal 
Land and Water Conservation Fund (LWCF) land acquisition program. 
During LWCF listening sessions held in 2022, one of the top priorities 
Tribes identified was direct access to LWCF funding for conservation 
and recreation LWCF projects without the existing program requirements 
to partner with or apply through States. BIA will primarily provide 
funding to Tribes to acquire lands or easements for the purposes of 
protecting and conserving natural resource areas that may also be of 
cultural importance to the Tribe or have significant recreational 
benefits for Tribal communities, consistent with the purposes of LWCF 
funding. BIA plans to hold formal Tribal consultation on the 
establishment and eligibility criteria of the program. This new program 
will further enhance the ability of Tribes to address the climate 
crisis, support Tribal sovereignty and self-determination, and provide 
another important tool to support Tribal co-stewardship.
Invest in Climate Resilience, Natural Resource Management and Co-
        Stewardship
    The budget includes $385.9 million, a $52.7 million increase over 
2023 enacted, for critical trust natural resources activities and 
investing in climate resilience and environmental justice.
    BIA requests $48.0 million for the Tribal Climate Resilience 
program. This program includes the Tribal Climate Adaptation Grant 
program, which is funded at $24.8 million to better assess and meet 
Tribal climate adaptation needs, and the Climate Relocation Grant 
program, which is funded at $15.5 million, $6 million more than the 
2023 enacted amount. The Tribal Climate Resilience program also 
includes $7.8 million for Tribal youth corps programs, an important 
jobs initiative to tackle climate change on the ground, ensure a living 
wage, and provide skills and a pathway to employment.
    With a focused investment in the deployment of clean energy in 
Tribal communities, the budget includes $47.7 million for Energy and 
Minerals activities. Indian Affairs views renewable energy as one of 
many tools available to American Indians and Alaska Natives to create 
sustainable economies on Indian land.
    The 2024 budget proposes to shift the Office of Subsistence 
Management (OSM) to the Office of the Assistant Secretary for Indian 
Affairs from the U.S. Fish and Wildlife Service. OSM provides 
administrative support to the Federal Subsistence Board and the Federal 
Subsistence Regional Advisory Councils, in addition to supporting the 
subsistence regulatory process and the Fisheries Resource Monitoring 
program. Shifting OSM will maintain important expertise while 
facilitating expanded Tribal co-management partnerships and the 
incorporation of Indigenous knowledge into subsistence management.
    The BIA budget further invests in the health and safety of Tribal 
communities. BIA requests $38.8 million for the Environmental Quality 
Projects program, an increase of $10.9 million over 2023 enacted, which 
includes funding to continue remediation of the former Tuba City Dump 
Superfund site, which continues to threaten the drinking water of the 
Navajo Nation and the Hopi Tribe.
Advance Economic Opportunities
    The 2024 budget funds the Community and Economic Development 
activity at $77.6 million, a $46.4 million increase above 2023 enacted 
levels, to advance economic opportunities in Indian Country. Within the 
total funding provided, Job Placement and Training is funded at $15.8 
million and includes an additional $2.0 million for job training 
programs focusing on clean energy development that is a complementary 
investment to the Tribal Electrification funding provided in the 
Inflation Reduction Act. Economic Development projects are funded at 
$50.7 million and include a request for an additional $27.5 million 
investment in Native language revitalization, which is crucial to 
preserve endangered languages, promote self-determination, and 
strengthen Tribal communities. BIA also requests a $5.0 million 
increase to establish an economic development component of the Tiwahe 
Initiative, which will provide funding directly to Tribal governments 
to design and operate comprehensive and integrated economic and 
community development programs.
    The 2024 budget request for the Indian Guaranteed Loan Program is 
$15.5 million, which will guarantee or insure $202.3 million in loan 
principal to support Indian economic development across Indian Country. 
This includes an additional $1 million for loan subsidies and $0.5 
million for staffing to increase technical assistance. By strengthening 
the economic base of Tribal communities, the Tribal governments near 
those businesses progress toward greater self-determination.
Land and Water Claims Settlements
    Tribal land and water rights settlements ensure that Tribes have 
access to land and water to meet domestic, economic, and cultural 
needs. The 2024 budget proposes $976,000 for the Settlements account. 
The 2024 funding request covers the continuing implementation of the 
White Earth Reservation Land Settlement Act (Public Law 99-264) and 
Truckee River Operating Agreement (Public Law 101-618). The Budget also 
proposes $2.8 billion in new mandatory funding over 10 years for Tribal 
water rights settlements requirements, including $2.5 billion to cover 
the costs of enacted and future settlements and $340 million for 
ongoing costs associated with enacted settlements managed by the Bureau 
of Reclamation.
Infrastructure Investment
    BIA is responsible for more than 29,000 miles of paved, gravel and 
earth-surface roads and more than 1,000 bridges. Maintaining these 
roads is critical to public safety, education and economic development 
purposes. The FY 2024 budget includes $51.3 million for road 
maintenance, an increase of $12.1 million to support pavement and 
gravel maintenance, remedial work on improved earthen roads, bridge 
maintenance, and snow and ice control.
    The 2024 budget includes $199.8 million for Construction 
activities, a $46.5 million increase from the 2023 enacted level. The 
funding includes an increase of $23.8 million for replacement and 
deferred maintenance projects to address needs at PS&J facilities, 
particularly detention centers. It also includes a $4.6 million 
increase for the irrigation rehabilitation program, and additional land 
an additional $10.3 million for Dam maintenance. BIA is responsible for 
141 high- or significant-hazard dams on 42 Indian reservations. The 
Construction program also includes a $6.8 million increase to support 
the Administration's governmentwide goal to accelerate the use of zero-
emission vehicles to enable a clean transportation future.
Capacity Building
    The budget includes critical staff capacity building across our 
programs. The needs range from an increase for human capital 
capabilities to supporting the White House Council on Native American 
Affairs in its critical role coordinating the Federal Government's 
engagement with Tribal communities, to providing adequate staffing for 
the 105(l) Tribal lease program which is on a path to have over 200 
leases in place in FY 2023. Adequate staffing is critical to ensuring 
timely and effective delivery to the Tribal nations we serve.
Bureau of Indian Education

    The FY 2024 budget request for BIE programs within the Department 
totals $1.6 billion. The Budget includes key investments to strengthen 
BIE's autonomy as a Federal agency and improve local services for 
Tribally controlled and bureau-operated schools while also advancing 
equity for historically underserved Tribal communities.
Operation of Indian Education Programs
    The 2024 budget provides $1.2 billion for Operation of Indian 
Education Programs. The core mission of BIE is to support Bureau 
Operated and Tribally Controlled schools and administer grants to 
Tribal institutions of higher education.
    The request includes $925.5 million for operating the entire BIE 
elementary and secondary school system--169 elementary and secondary 
schools, and 14 dormitories--by providing educational services to 
approximately 45,000 students in 23 States. Funds support the basic and 
supplemental education programs at BIE-funded schools, student 
transportation, facility operations, and maintenance. The budget 
advances sovereignty in education by proposing a provision allowing for 
the expansion of more than one grade at BIE-funded schools with a K-2 
or K-4 structure. Currently, K-4 schools are only allowed to expand by 
one grade. This proposal will allow BIE to expand educational services 
to communities already being served.
    The 2024 request includes targeted funding to improve Indian 
student academic outcomes, address maintenance needs, support expanded 
preschool and Native language programs, and provide pay parity for 
Tribal teachers while fully funding projected Tribal Grant Support 
Costs. The Budget provides $508.7 million, a $27.0 million increase 
over 2023 enacted, for Indian School Equalization Program funds to 
enhance opportunities and outcomes in the classroom, provide improved 
instructional services, and support increased teacher quality, 
recruitment, and retention. The request level of $22.1 million, 
including a $500,000 program increase, for Education Program 
Enhancements supports professional development for teachers, advances 
the quality of in-classroom instruction, and incorporates improved 
Native language and culture programs in classrooms. Early Child and 
Family Development funding of $26.1 million enables BIE to provide 
preschool opportunities at BIE-funded schools.
    For Facilities Operations and Maintenance, BIE requests $160 
million, a $5.6 million increase over the 2023 enacted amount, and 
includes investments to keep pace with operational cost increases and 
support the timely maintenance and replacement of equipment at BIE 
schools. The Budget also includes $22.6 million, including a $2.0 
million program increase, for the Johnson-O'Malley program, which is 
authorized to support the individualized educational needs of eligible 
Indian students enrolled in public schools and nonsectarian private 
schools.
    The Budget continues to invest in activities that promote 
educational self-determination for Tribal communities and includes 
$98.7 million for Tribal Grant Support Costs for Tribes that choose to 
operate BIE-funded schools. This level of funding supports 100 percent 
of the estimated requirement. The request includes $189.6 million for 
Postsecondary Programs, a $6.0 million increase over 2023 enacted. The 
2024 budget continues recognition of the critical role Tribal 
postsecondary institutions have in empowering Indian students and 
promoting equity for Tribal communities. These institutions are on or 
near reservations; they directly serve Tribal communities with 
culturally relevant education and career pathways in a supportive 
environment. Postsecondary education of Tribal members remains an 
essential component in the economic development of many Tribes.
    The proposed budget will provide $34.9 million, including a $2.0 
million program increase, for BIE operated Haskell Indian Nations 
University and Southwestern Indian Polytechnic Institute; $87.9 million 
for grants to 29 Tribal Colleges and Universities (TCUs); and $10.7 
million for grants for two Tribal Technical Colleges, as well as $43.4 
million for the Scholarships and Adult Education program to improve 
educational opportunities and serve a larger population of qualified 
Native American students.
Education Management
    The Budget includes $79.3 million, an increase of $12.1 million 
over 2023 enacted, for education management and information technology 
(IT) to optimize learning opportunities for students of all ages. 
Education Program Management (EPM) funding supports ongoing 
improvements in high-priority functional areas, including acquisition, 
school safety and security, behavioral and mental health support, 
performance tracking, and technical support to schools in the field. 
Other management activities include data collection, analysis, and 
reporting; financial and budget functions; oversight and coordination 
of major facility repairs; and management of grant applications. BIE IT 
includes the Native American Student Information System, wide area 
network infrastructure, and general support systems used by BIE-funded 
schools.
    The budget proposes $33.7 million, an increase of $5.8 million over 
the 2023 enacted level, for Education IT to support the ongoing costs 
of distance learning and enhanced classroom technology. BIE continues 
to collaborate with Tribes and communities to alleviate ongoing strains 
imposed by the COVID-19 pandemic on BIE students and their families, 
teachers, administrators, and other staff members in K-12 schools and 
at TCUs. The 2024 Budget will enable BIE to leverage ongoing 
infrastructure investments in new technology and operational 
capabilities at BIE-funded schools, including the new Education 
Learning Management System, by supporting comprehensive online delivery 
of educational courses to students and professional development 
opportunities for teachers.
    EPM initiatives in 2024 include the continued implementation of a 
School Operations Office of Self-Determination to develop Tribal 
capacity and promote maximum Indian participation in educational 
programs and services; and BIE's Social Emotional Learning project to 
develop a national curriculum to support behavioral health and wellness 
programs at BIE-funded schools. The funding in 2024 will also allow EPM 
to calculate and report on methodologies for maximizing the benefits to 
underserved communities.

Education Construction

    The 2024 Budget includes $416.2 million, an increase of $148.3 
million over 2023 enacted, in annual funding for Education Construction 
to replace and repair school facilities and address deferred 
maintenance needs at campuses across the BIE school system. This 
funding includes substantial investments to address the climate crisis 
with more sustainable BIE infrastructure. Whenever feasible, BIE 
facilities projects incorporate techniques to reduce energy and water 
consumption and greenhouse gas emissions and to prepare the facilities 
for the predicted effects of climate change.

    The proposed $252.5 million for Replacement School Construction, a 
$136.0 million increase over the 2023 enacted amount, and $23.9 million 
for Replacement Facility Construction are critical to ensuring that all 
Native students can develop in an environment conducive to quality 
educational achievement. With the Replacement School Construction, 
Replacement Facility Construction, and Great American Outdoors Act 
(Public Law 116-152) funding anticipated through 2024, BIE expects to 
support planning, design, and construction work at nine BIE schools; 
final allocations are pending completion of the design phase and 
refined cost estimates for each school. Appropriate housing is a key 
element for educational staffing, especially at schools in remote 
locations. An additional $139.8 million is included for other housing 
and facilities repair programs, including a $9.7 million program 
increase for facilities improvement and repair and a $2.5 million 
increase for new/replacement employee housing.
Bureau of Trust Funds Administration

    The FY 2024 budget includes $109.1 million to support BTFA's 
execution of Federal trust responsibilities to American Indian and 
Alaska Native Tribes, individuals, and communities. The request is $2.2 
million below the FY 2023 enacted reflecting the proposed transfer of 
funding supporting probate related work in the Office of Hearings and 
Appeals from BTFA to BIA. The budget promotes investments in programs 
to ensure the Department is meeting its financial management trust 
obligations. It also includes a targeted increase for staffing needs to 
improve customer service and advance the Department's Diversity, 
Equity, Inclusion and Accessibility Initiative.
    I strongly encourage the Congress to accept the BTFA organizational 
structure in the FY 2024 appropriations bill. BTFA provides a unique 
Federal trust function that is appropriately separate from the 
responsibilities of the BIA. Approving this structure will strengthen 
the organization's ability to focus on its core mission 
responsibilities and on additional complex and high-visibility 
projects. Specifically, BTFA is leading the research effort on the 
Secretary's Federal Indian Boarding School Initiative and has the lead 
on implementing an Electronic Records Management Program for all of 
Indian Affairs. In addition, improving government customer service is 
one pillar of the President's Management Agenda. In that arena, BTFA is 
one of four High Impact Service Providers at DOI, and works 
extensively, along with other agencies, to improve services to our 
beneficiaries.
Concluding Statement

    This FY 2024 budget continues to support the Administration's 
commitment to honor trust responsibilities to Tribes and self-
determination. The 2024 budget continues investments to empower Tribal 
communities, strengthen climate resilience, improve quality of life, 
create economic opportunities, increase focus on environmental quality 
and justice needs in Tribal communities, and preserve and foster 
cultural heritage. Interior's programs maintain strong and productive 
government-to-government relationships with Tribes, helping to promote 
Tribal nation building and self-determination.

                                 ______
                                 

    Questions Submitted for the Record to Bryan Newland, Assistant 
       Secretary--Indian Affairs, U.S. Department of the Interior

The Honorable Bryan Newland did not submit responses to the Committee 
by the appropriate deadline for inclusion in the printed record.

            Questions Submitted by Representative Westerman
    Question 1. This year's request for Assistant Secretary 
Administrative Support is for $1.81 million, which includes support for 
the Office of Self-Governance. The narrative does not include any 
discussion of funding to support the Department's negotiated rulemaking 
required by Section 413 of the PROGRESS for Indian Tribes Act.

    1a) Please explain where the funds to support that rulemaking prior 
to April 20, 2023, came from.

    Question 2. The Department's authority to promulgate the negotiated 
rule expired on April 21, 2023. Can you confirm whether the negotiated 
rulemaking committee required by the PROGRESS Act has ceased activity 
after the expiration of authority to promulgate the rule as required by 
the PROGRESS Act?

    2a) If you have not asked for more funding to support negotiated 
rulemaking, is it the Department's position that the negotiated 
rulemaking should not proceed?

    2b) Can you confirm that the Department of the Interior is not 
spending any previously appropriated funds on the negotiated rulemaking 
process after the authority to promulgate has expired?

    Question 3. Please follow up with the committee with specifics of 
how much in federal funds were set aside for facility building or 
renovation in Indian Country through all the supplemental funding bills 
that Congress has passed since 2020, including in:

    3a) the CARES Act,

    3b) the American Rescue Plan and;

    3c) the Inflation Reduction Act.

    3d) Please include if funds were specifically set aside for 
detention

    3e) How much of those funds have been expended and how much is left 
to spend?

    Question 4. Please expand on your answer about the Bureau of Indian 
Affairs plan to address the rest of the facilities that need repair or 
upgrades throughout Indian Country.

    Question 5. Please expand on your answer about how you are working 
with tribal police departments to solve issues of retention. Is there 
an area where Congress can assist, beyond providing more funds?

    Question 6. Last month, the DOI Inspector General released a report 
that again highlighted the long-standing health and safety issues at 
detention facilities managed by three tribes in Arizona. The IG report 
stated that given the seriousness of the issues found at these 
facilities, they were being brought to BIA's attention before a final 
draft audit report was issued on the larger performance audit of BIA 
funded and/or operated detention programs.

    6a) Are you aware of that report, and what specific actions are you 
taking at this time to resolve those issues?

    6b) What projects have specifically been completed? What is BIA's 
plan to address the rest of the facilities that need repair or 
upgrades?

    Question 7. Please expand further on the Tribal Climate Resilience 
program and answer:

    7a) Why has most of the funding for this program has only been put 
toward planning costs?

    7b) Shouldn't the bulk of money that Congress chooses to 
appropriate for this program go toward implementing plans and providing 
tribal communities tools to use to address changes in their community?

    Question 8. Please further expand on your answer of how the Bureau 
is planning to work to reduce land fractionation, particularly 
regarding probate.

    8a) What program changes is the Bureau working toward that will 
move toward the goal of less fractionated Indian lands?

    8b) What policy changes does Congress need to implement to work 
toward the goal of less fractionated Indian lands?

             Questions Submitted by Representative Grijalva
    Question 1. BIA has been historically underfunded, does this year's 
budget request adequately meet BIA's current needs? If it doesn't, can 
you elaborate on how much of a gap remains?

    Question 2. The ongoing debt ceiling negotiations are proposing 
claw backs of unobligated pandemic relief funds, among other concerning 
proposals.

    2a) Can you describe what the impacts to BIE would be if Congress 
decided to take away unobligated pandemic funds?

    2b) In addition, how would BIE services be impacted if the agency 
is forced to return to FY 2022 enacted levels, as proposed by House 
Republicans?

    Question 3. I've been pleased to see the growing interest in tribal 
co-management in recent years. Could you update us further on the 
Department's work in this space?

    Question 4. This year's budget request includes increased funding 
for the Tribal Climate Resilience Program and the Climate Relocation 
Grant Program. Could you share the importance of these programs and how 
they support tribal governments responding to climate change?

         Questions Submitted by Representative Leger Fernandez
    Question 1. The FY 2024 budget proposal also includes $199.8 
million for various Construction activities. As we've heard time and 
time again from tribal leaders, there are many existing infrastructure 
issues in Indian Country. How does BIA plan to swiftly implement these 
proposed funds to ensure that physical infrastructure is not a limiting 
factor to tribal governments' abilities to provide services to their 
communities?

    Question 2. Similarly, during the oversight hearing on economic 
development earlier this year, we heard about the importance of roads 
for growing tribal businesses and economic opportunities. BIA has 
proposed an increase of $12 million for Roads Maintenance. This builds 
upon the investments made in the program under the Infrastructure, 
Investment, and Job Act last Congress. Can you provide us with a status 
update on the rollout of these funds and how the budget proposal will 
further support the Bureau's current work?

    Question 3. The budget request also includes $7 million for the 
Secretary's Federal Indian Boarding School Initiative. This is an issue 
that Committee Democrats have tracked closely and we are pleased to see 
it come to fruition within the Department.

    3a) Can you provide us with a status update on the implementation 
of the recommendations included in the 2022 Federal Boarding School 
Initiative Investigations Report?

    3b) How does the budget proposal support this ongoing work?

    Question 4. As you know well, Indian Country maintains complex 
criminal jurisdictions across tribal, state, and federal entities. BIA 
plays a critical role in providing law enforcement services and 
resources to tribes, which is something that we support here in 
Congress.

    4a) That said, how does this year's budget proposal prioritize law 
enforcement and public safety for tribal communities?

    4b) What more can Congress do to help the Bureau support tribal 
governments?

    Question 5. This year's budget request includes a proposal to shift 
funding for the Office of Hearings and Appeals Probate Hearings 
Division from the Bureau of Trust Funds Administration (BTFA) to BIA. 
Would you elaborate on this proposed funding shift and what it will 
improve within the agency's work in this area?

               Questions Submitted by Representative Carl
    Question 1. It is my understanding the use of land purchased using 
this money must be consistent with the rules of the Land and Water 
Conservation Fund. What happens if a hundred years from now a Tribal 
Council wants to use the land in a different way to benefit their 
community?

                                 ______
                                 

    Ms. Hageman. Thank you.
    The Chair now recognizes Ms. Cantor for 5 minutes.

 STATEMENT OF THE HON. CARMEN CANTOR, ASSISTANT SECRETARY FOR 
 INSULAR AND INTERNATIONAL AFFAIRS, OFFICE OF INSULAR AFFAIRS, 
        U.S. DEPARTMENT OF THE INTERIOR, WASHINGTON, DC

    Ms. Cantor. Good morning, Madam Chair and members of the 
Committee on Natural Resources. Thank you for the opportunity 
to testify on the Fiscal Year 2024 budget request for the 
Office of Insular Affairs, or OIA.
    OIA is responsible for administering the Federal 
Government's relationship with the territories of American 
Samoa; the Commonwealth of the Northern Mariana Islands, CNMI; 
Guam; and the United States Virgin Islands, USVI. OIA also 
administers the financial assistance provided to the Freely 
Associated States of the Federated States of Micronesia, FSM; 
the Republic of the Marshall Islands, RMI; and the Republic of 
Palau under the Compacts of Free Association.
    The proposed Fiscal Year 2024 Insular Affairs budget totals 
$536.6 million, a decrease of $211.5 million from the 2023 
enacted appropriation. This decrease is almost entirely 
attributed to the expiration of certain financial provisions of 
the 2003 Compacts of Free Association.
    The request for current appropriations for 2024 is $122.3 
million. This amount is a decrease of $6.6 million from the 
2023 enacted appropriation. Included in this amount in this 
current appropriation request are $94.5 million in 
discretionary funding and $27.7 million in mandatory funding.
    The President's 2024 budget request continues support for 
core OIA programs within the assistance to territories 
appropriation. These programs provide the territories with 
much-needed funding for the delivery of public services, such 
as health and education, infrastructure investments, and 
technical assistance.
    In addition to these important activities, the 2024 budget 
also seeks to advance energy independence of the insular areas 
by providing $15.5 million to the Energizing Insular 
Communities Program. The Administration is committed to energy 
projects that promote energy security, as well as projects that 
support a clean energy future for the insular areas through 
investments in renewable energy development.
    The U.S. territories and Freely Associated States face 
significant challenges related to infrastructure and 
resiliency. The 2024 request calls for a $4 million increase 
dedicated to infrastructure investments in the territories 
through the Capital Improvement Project Program of $31.7 
million, a program which has had level funding of $27.7 million 
annually since 1996.
    Sea level rise and the increasing severity of weather 
events compound infrastructure challenges and require OIA 
programs to help the insular areas adapt, become more 
resilient, and thrive. The President's budget supports these 
priorities for the insular areas by providing technical 
expertise and investments aimed to fortify and strengthen both 
their public infrastructure and natural resources. OIA's 
technical assistance energizing insular communities' coral reef 
and natural resources, Capital Improvement Project Grants, and 
maintenance assistance programs all contribute to strengthening 
island communities.
    The Department of the Interior looks forward to working 
with Congress on the Compact Impact Fairness Act, as introduced 
in the 118th Congress. The Administration supports allowing 
compact migrants to become eligible for key Federal programs 
while living in the United States as a long-term solution to 
the financial impacts of compact migrants on U.S., state, and 
territorial governments.
    For 2024, permanent mandatory commitments include an 
estimated $380 million for fiscal payments to Guam and the U.S. 
Virgin Islands. Guam is estimated to receive $80 million in 
income tax payments attributable to military and Federal 
personnel stationed in Guam, and the Virgin Islands is 
estimated to collect around $300 million for excise taxes paid 
to the Federal Government on rum produced in the Virgin 
Islands.
    Permanent mandatory funding also includes $34.3 million 
provided to the Republic of the Marshall Islands under the 
Military Use and Operating Rights Agreement, which is a 
subsidiary agreement under the Compacts of Free Association. 
All other permanent mandatory funding under the 2003 COFA 
expires in 2023. Negotiations are ongoing related to the 
renewal of our Compacts of Free Association relationships in 
Fiscal Year 2024 and beyond.
    The budget request includes language that demonstrates the 
Administration's support for funding the renewal of our Compact 
of Free Association relationships with FSM, RMI, and Palau. The 
2024 budget request seeks $7.1 billion in economic assistance 
over 20 years to be provided through a mandatory appropriation 
at the Department of State, with language calling for continued 
implementation of the compacts at the Department of the 
Interior. This total includes $6.5 billion for direct economic 
assistance and $634 million for continued U.S. postal services 
to the Freely Associated States.
    The United States remains committed to its long-standing 
partnerships with the governments and the people of the Freely 
Associated States as we work together to promote a free and 
open Indo-Pacific.
    Madam Chair, it is a pleasure to appear before the 
Subcommittee to discuss the 2024 budget request for the Office 
of Insular Affairs. Thank you.

    [The prepared statement of Ms. Cantor follows:]
 Prepared Statement of Carmen G. Cantor, Assistant Secretary--Insular 
          and International Affairs Department of the Interior
    Madam Chair and members of the Committee on Natural Resources, 
thank you for the opportunity to testify on the fiscal year 2024 budget 
request for the Office of Insular Affairs (OIA). OIA is responsible for 
administering the Federal government's relationship with the 
territories of American Samoa, the Commonwealth of the Northern Mariana 
Islands (CNMI), Guam, and the United States Virgin Islands (USVI). OIA 
also administers the financial assistance provided to the freely 
associated states (FAS) of the Federated States of Micronesia (FSM), 
the Republic of the Marshall Islands (RMI), and the Republic of Palau 
under the Compacts of Free Association.

            Overview of the Fiscal Year 2024 Budget Request

    The proposed fiscal year 2024 Insular Affairs budget totals $536.6 
million, a decrease of $211.5 million from the 2023 enacted 
appropriation. This decrease is almost entirely attributed to the 
expiration of certain financial provisions of the 2003 Compacts of Free 
Association.
Current Request

    The request for current appropriations for 2024 is $122.3 million. 
This amount is a decrease of $6.6 million from the 2023 enacted 
appropriation. Included in this current appropriation request are $94.5 
million in discretionary funding and $27.7 million in mandatory 
funding.
    The President's 2024 Budget request continues support for core OIA 
programs within the Assistance to Territories appropriation. These 
programs provide the territories with much needed funding for the 
delivery of public services such as health and education, 
infrastructure investments, and technical assistance.
    In addition to these important activities, the 2024 Budget also 
seeks to advance energy independence of the insular areas by providing 
$15.5 million to the Energizing Insular Communities program. The 
Administration is committed to energy projects that promote energy 
security as well as projects that support a clean energy future for the 
insular areas through investments in renewable energy development.
    The U.S. territories and freely associated states face significant 
challenges related to infrastructure and resiliency. The 2024 request 
calls for a $4 million increase dedicated to infrastructure investments 
in the territories through the Capital Improvement Project program 
($31.7 million), a program which has had level funding of $27.7 million 
annually since 1996. Sea-level rise and the increasing severity of 
weather events compound infrastructure challenges and require OIA 
programs to help the insular areas adapt, become more resilient, and 
thrive.
    The President's Budget supports these priorities for the insular 
areas by providing technical expertise and investments aimed to fortify 
and strengthen both their public infrastructure and natural resources. 
OIA's Technical Assistance ($23.3 million), Energizing Insular 
Communities ($15.5 million), Coral Reef and Natural Resources ($3.5 
million), Capital Improvement Project Grants ($31.7 million) and 
Maintenance Assistance programs ($4.4 million) all contribute to 
strengthen island communities.
    The Department of the Interior looks forward to working with 
Congress on the Compact Impact Fairness Act (S. 792/H.R. 1571) as 
introduced in the 118th Congress. The Biden-Harris Administration 
supports allowing Compact migrants to become eligible for key Federal 
programs while living in the United States, as a long-term solution to 
the financial impacts of Compact migrants on U.S. State and territorial 
governments.
Fiscal Payments and the Compacts of Free Association

    For 2024, permanent mandatory commitments include an estimated $380 
million for fiscal payments to Guam and the U.S. Virgin Islands; Guam 
is estimated to receive $80 million in income tax payments attributable 
to military and Federal personnel stationed in Guam, and the Virgin 
Islands is estimated to collect around $300 million for excise taxes 
paid to the Federal government on rum produced in the Virgin Islands.
    Permanent mandatory funding also includes $34.3 million provided to 
the Republic of the Marshall Islands under the Military Use and 
Operating Rights Agreement, which is a subsidiary agreement under the 
Compacts of Free Association. All other permanent mandatory funding 
under the 2003 Compacts of Free Association expires in 2023. 
Negotiations are ongoing related to the renewal of our Compacts of Free 
Association relationships in fiscal year 2024 and beyond.

    Compact of Free Association. The budget request includes language 
that demonstrates the Administration's support for funding the renewal 
of our Compact of Free Association relationships with the Federated 
States of Micronesia, the Republic of the Marshall Islands, and the 
Republic of Palau. The 2024 President's Budget request seeks $7.1 
billion in economic assistance over 20 years to be provided through a 
mandatory appropriation at the Department of State, with language 
calling for continued implementation of the Compacts at the Department 
of the Interior. This total includes $6.5 billion for direct economic 
assistance and $634 million for continued U.S. Postal Services to the 
FAS. The United States remains committed to its long-standing 
partnerships with the governments and the people of the freely 
associated states as we work together to promote a free and open Indo-
Pacific.

    Madam Chair, it is a pleasure to appear before your subcommittee to 
discuss the 2024 budget request for the Office of Insular Affairs.

                                 ______
                                 

    Questions Submitted for the Record to Carmen Cantor, Assistant 
  Secretary for Insular and International Affairs, Office of Insular 
                                Affairs

The Honorable Carmen Cantor did not submit responses to the Committee 
by the appropriate deadline for inclusion in the printed record.

            Questions Submitted by Representative Westerman
    Question 1. Following up on your response to the question on grant 
double-dipping, can you provide specific details on what mechanisms are 
in place to prevent overlapping grant payments and confirm that 
spending is fiscally responsible?

    Question 2. The FY 2024 OIA budget continues to promote taxpayer 
money for renewable energy only. The Administration is, again, flat out 
ignoring an all-of-the-above energy strategy. Will you commit to 
addressing that concern and expand support for access to all reliable 
energy options?

    Question 3. The U.S. and the Freely Associated States currently are 
negotiating the renewal of the Compacts of Freely Association (COFA). 
The decrease in the OIA FY 2024 budget reflects the expiration of the 
current COFA agreements but does not include any future COFA spending 
under the new Compacts. What changes in COFA spending are you 
expecting, given the amounts provided in the MOU's with FSM, Palau, and 
RMI that were signed earlier this year?

    Question 4. Earlier this month, OIA issued a press release 
announcing Administration support for the Compact Impact Fairness Act 
(CIFA). The press release stated that the 94,000 FAS citizens who 
qualify to be counted for purposes of allocating the current Compact 
Impact grant program are living in states and territories, with more 
than 50 percent living in the continental U.S. and that 43 percent are 
now U.S. citizens. It is not clear how the 43 percent of your 94,000, 
who are now U.S. citizens qualified as non-immigrants under the 
expiring Compact Impact program, but isn't it true that the CIFA bill 
if approved will not apply 43 percent of that population of 94,000 
persons of FAS heritage who are already U.S. citizens and already 
eligible for all CIFA programs if otherwise qualified?
             Questions Submitted by Representative Grijalva
    Question 1. How many employee vacancies does the Office of Insular 
Affairs currently have?

    Question 2. What are areas of priority related to staffing for the 
Office of Insular Affairs?

    Question 3. What additional resources could the Office of Insular 
Affairs utilize to effectively assist the U.S. Territories within its 
jurisdiction with preparing timely and adequate financial reports?

    Question 4. Several territories have had long-standing challenges 
in producing timely and reliable financial data. Given the importance 
of this data to accurately illustrating the current financial and 
economic conditions of the territories, how can Interior assist the 
territories to resolve this persistent challenge?

    Question 5. The two most recent single audit reports indicate a 
dramatic increase in American Samoa's liabilities. One explanation 
attributed to this increase is a rise in bank deposits to the 
Territorial Bank of American Samoa (TBAS), a commercial bank owned by 
the American Samoa Government which started in 2017. The publicly-owned 
status of the TBAS has also prevented its deposits from being insured 
by the Federal Deposit Insurance Corporation (FDIC). What is the reason 
for keeping the bank structured as American Samoa Government-owned and 
what risks does this pose to the fiscal health of the territorial 
government?
               Questions Submitted by Representative Case
    Question 1. The Biden administration recently signed updated 
Compacts of Free Association agreements with the Federated States of 
Micronesia and the Republic of Palau and continues to negotiate an 
updated Compact with the Republic of the Marshall Islands. I look 
forward to our Committee's consideration of those proposed agreements, 
but want to underscore in no uncertain terms the necessity of ensuring 
that the financial costs to U.S. jurisdictions of hosting Compact 
migrants is properly and fully borne by the federal government. The 
proposed Compact Impact Fairness Act (CIFA), introduced in both the 
House and the Senate, would go a long way toward doing so by extending 
eligibility for certain key federal benefits to citizens of the Freely 
Associated States living in the United States. I appreciate Biden 
administration's expressed support for CIFA, but more is needed to 
assure that CIFA is passed upon and as a condition of Congress' 
approval of the Compacts. Will the administration include CIFA as an 
integral and non-severable part of the proposed renewed Compacts of 
Free Association when it transmits them to Congress?

    Question 2. As one aspect of reimbursing Compact-affected 
jurisdictions for Compact resident services, Congress has directed 
Compact Impact Aid, both mandatory and discretionary, to some affected 
jurisdictions. However, that aid currently expires at the end of Fiscal 
Year 2023. If Congress is unable to approve the updated Compacts 
including CIFA by the beginning of Fiscal Year 2024, will the Biden 
administration support a temporary extension of Fiscal Year 2023 
Compact impact funding levels, both mandatory and discretionary, to 
prevent any gaps in funding unless and until the Compacts and CIFA are 
approved and effective?

                                 ______
                                 

    Ms. Hageman. Thank you. And we thank both of the witnesses 
for your testimony and the information you provided.
    The Chair will now recognize Members for 5 minutes for 
questions, beginning with me.
    The Department of the Interior recently proposed new land-
to-trust regulations and tribal regulations just as recently as 
December 2022. That comment period ended on March 1, 2023. The 
Committee has heard from several tribes and stakeholders that 
they wanted additional time to comment on these regulations, 
and that more time to provide comments would be beneficial. 
Have you heard the same concerns from tribes and stakeholders 
regarding these new regulations?
    Mr. Newland. Thank you, Madam Chair. We have not heard that 
from any tribes that I am aware of. We did get several requests 
from members of the public to extend the comment period, but we 
did not extend beyond what we had already provided in the 
notice.
    Ms. Hageman. This is a pretty complicated area, isn't it?
    Mr. Newland. The land-into-trust process?
    Ms. Hageman. Yes.
    Mr. Newland. It can be.
    Ms. Hageman. OK. Would you consider extending the comment 
period so that tribes and members of the public can fully 
participate in this rulemaking?
    Mr. Newland. Madam Chair, we have received hundreds of 
comments on these proposed regulations, and believe that we 
have met our commitment under the law, and we intend to proceed 
with the rulemaking.
    Ms. Hageman. OK. Mr. Newland, when was the last time there 
was a complete audit of the BIA?
    Mr. Newland. I don't have that answer for you. I would have 
to follow up, ma'am.
    Ms. Hageman. OK. Ms. Cantor, the Department of the Interior 
has received $6.6 billion in funding from the Inflation 
Reduction Act, well, the so-called Inflation Reduction Act, or 
IRA. The Committee is concerned that specific IRA programs 
addressing climate change overlap with other existing non-IRA 
programs. It looks like grant awardees could potentially 
qualify for multiple grants for the same project, creating the 
risk of double dipping and wasteful spending.
    What measures are in place to prevent multiple grants from 
being awarded for the same project, both before the grant is 
awarded and then through oversight while the grant funds are 
being expended?
    Ms. Cantor. Madam Chair, we have a very competitive 
process, and a process that requires assessments of all these 
requests that we receive. To my knowledge, we don't have any 
projects that have been submitted twice and have received 
funding more than once. I will go back and check, but my 
understanding is that, because of the process, the fool-proof 
process that we have, that is not the case.
    Ms. Hageman. Is there a checklist or some other mechanism 
by which OIA staff verifies that there is no wasteful 
duplication?
    Ms. Cantor. My understanding is that we have checklists 
that we follow.
    Ms. Hageman. Who, ultimately, at OIA is accountable for 
preventing waste, fraud, and abuse in terms of the money that 
you are appropriated for these kinds of programs?
    Ms. Cantor. Madam Chair, we all follow all the rules, and I 
am responsible for making sure that my staff follows all the 
rules and procedures.
    Ms. Hageman. OK. Mr. Newland, just a couple more questions.
    I wanted to ask about the Indian Land Consolidation Program 
in the budget request for purchasing highly fractionalized 
land. I have here that the Department testified back in 2017 
that the amount of funds allocated to the land buyback program 
resulting from the Cobell settlement did very little to reduce 
Indian land fractionalization. Why does the Department think 
that another $22.5 million will be beneficial to consolidate 
fractionated Indian land when the Department testified just a 
few years ago that funds allocated under the Cobell settlement 
did very little to reduce this problem?
    Mr. Newland. Madam Chair, I disagree with that assessment 
from that testimony. Through the Cobell settlement we were able 
to consolidate more than 100,000 fractionated parcels, with 3 
million equivalent acres of land returned to tribal trust 
status.
    The request is intended because, as you noted in your 
opening comment, probate is an issue, and we are also 
attempting to address that through this budget request with the 
transfer of some of the probate functions over to a different 
part of the Office of Hearings and Appeals. But if we don't 
continue these investments, land will go out of trust through 
the fractionation process, and by 2038 more land will be 
fractionated in Indian Country than when we started the Cobell 
settlement.
    Ms. Hageman. OK. Just very quickly, this year's request for 
Assistant Secretary administrative support is for $1.81 
million, which includes support for the Office of Self-
Governance. Is that correct?
    Mr. Newland. I believe so, Madam Chair, yes.
    Ms. Hageman. OK. But the narrative doesn't include any 
discussion of funding to support the Department's negotiated 
rulemaking required by section 413 of the PROGRESS for Indian 
Tribes Act. Can you explain where the funds to support that 
rulemaking prior to April 20, 2023 came from?
    Very quickly, because I am out of time.
    Mr. Newland. I would have to follow up with you, Madam 
Chair. I would be happy to do that.
    Ms. Hageman. All right. We appreciate that, thank you.
    I now recognize the Ranking Member.

    Ms. Leger Fernandez. Thank you so very much, Madam Chair.
    I want to talk a little bit about the version of the budget 
you have proposed, which is part of the larger budget intended 
just to reduce the deficit by about $3 trillion over the 10-
year period, and then what it would mean if we actually had the 
cuts that are proposed in the Act that was passed.
    When we look at that, if you hold the defense budget 
harmless, that means the rest of the agencies have to carry a 
larger burden, which is about 22 percent. It goes higher 
depending on which agency might not suffer any cuts. What does 
a 22 percent cut from Fiscal Year 2022 levels look like at the 
BIA? And if you could, tell me what it might look like on the 
ground.
    We know we have a lot of issues around murdered and missing 
Indigenous women. We know there is a crisis of law enforcement 
in Indian Country that we simply do not have enough law 
enforcement personnel on the ground, in the cars traveling huge 
reservations. Can you describe a little bit of what that looks 
like if we had that kind of cut?
    Mr. Newland. Thank you, Ranking Member. At 22 percent, the 
funding cut on Indian Affairs on its face would be bad. And 
when you look deeper into the numbers, it gets even worse, and 
I will explain why very briefly.
    At those funding levels, we are talking about hundreds of 
police officers taken off the street in tribal communities 
across the country at a time when we know, through government-
commissioned reports, that there is a $2 billion need for 
public safety and justice program funding across Indian 
Country. So, we would actually widen that gap.
    We also have 80 schools in our BIE system that are listed 
in poor condition that need to be replaced. At our current 
pace, it will take us several decades to complete replacement 
of these schools. So, widening that gap would string that out, 
as well, and also affect the maintenance of those facilities.
    This would also reduce our ability to replace jails, which 
I know we have discussed a lot, and we are working to make sure 
that our jail facilities are up to par to meet our obligations 
to people in the jails. But that is just on the surface.
    Behind that, we have also seen a growing demand for 105(l) 
tribal leases. Five years ago, there were no 105(l) leases that 
we funded through the Bureau of Indian Affairs. And this year, 
we are on pace for 300. Those are obligated, those are mandated 
by Public Law 638, that we provide funding for that. So, as the 
demand for 105(l) leases increases, that will also put pressure 
on our program dollars from the other end of the spectrum. So, 
you would return us to Fiscal Year 2022 levels, and then the 
program dollars would be squeezed by the 105(l) leases. And 
that is really going to affect our ability to deliver those 
core trust services that we are required to provide across 
Indian Country.
    Ms. Leger Fernandez. And I think that this touches on a 
really important piece, is that we have encouraged through the 
638 contracts or compacting for tribes to actually run their 
own programs. And what I have seen across Indian Country, is 
that those programs are often more culturally competent to the 
precise location, that there is a lot of satisfaction at the 
tribal level to how they are running their programs, and that 
if we start cutting back, we are actually interfering with that 
process of having those who are closest to their members to be 
actually running the programs that serve them. Is that correct?
    Mr. Newland. Yes.
    Ms. Leger Fernandez. And I want to just touch a bit more 
about what happens, Honorable Cantor, with regards to what some 
of these kinds of cuts would have on our insular areas, on when 
we are dealing with storms. There is a typhoon right now, let's 
talk about what that means. And you actually don't have much 
time, so I might want you to do it in written form. But real 
quickly, does it harm our ability to respond to the needs of 
the people in the islands?
    Ms. Cantor. Absolutely. In any reduction scenario, a 
reduced OIA budget reduces support to the jurisdictions. And 
just to give you one quick example, a 1 percent cut translates 
to mostly about a $1 million decrease in the funding that we 
provide to the jurisdictions. So, yes.
    Ms. Leger Fernandez. Thank you. I yield back.
    Ms. Hageman. Thank you. The Chair now recognizes Mrs. 
Radewagen for 5 minutes of questions.

    Mrs. Radewagen. Talofa lava. Thank you, Chairman Hageman 
and Ranking Member Leger Fernandez, for holding this hearing.
    I would like to first send my thoughts and prayers to those 
recovering or harmed by the devastating super typhoon that just 
hit Guam and the CNMI. I also appreciate the Administration's 
rapid emergency declaration.
    I want to thank the witnesses for their testimony.
    I certainly support the critical missions the Bureau of 
Indian Affairs and Insular Affairs serve, and they are missions 
of mercy. As Scripture says, ``In His law the islands will put 
their hope.'' That is Isaiah 42. And the people in American 
Samoa truly hope for oversight, accountability, and 
transparency from OIA. They want their Federal dollars spent 
wisely, not wasted.
    My territorial colleagues and I were successful in getting 
the Treasury Department to permit the use of hundreds of 
millions of dollars of ARP funds for much-needed hospital and 
other infrastructure improvements. Accordingly, it is essential 
OIA ensures proper use of these funds for the hospital, 
community college, our courts, and our education department, as 
these are the key pillars of our society that Congress 
entrusted to OIA specifically to oversee.
    Just yesterday, Madam Secretary, I had a very productive 
meeting with your new director of OIA, Mr. John Brewer of the 
Senior Executive Service, and I appreciate the rapid and 
constructive engagement of all the OIA staff.
    Finally, I want to congratulate your OIA COFA team and 
special negotiator, Ambassador Yun, on the successful signing 
of the recent compact renewals with the Republic of Palau and 
the Federated States of Micronesia. I look forward to passing 
these compacts in Congress over the coming months, and 
hopefully another one for the Marshall Islands, too. These 
agreements are crucial for the national security of the United 
States, as the Pacific territories and FAS are on the front 
lines once again in the battle for freedom.
    Madam Secretary, I co-sponsored Representative Case's CIFA 
bill, and I want to thank him for his leadership on this, to 
make FAS citizens in the United States eligible for essential 
Federal social safety benefits. What else can be done to 
address the special costs and needs of the Pacific territories 
in this regard, so Congress can further help mitigate the local 
impact of these compact agreements?
    Ms. Cantor. Talofa, Congresswoman Radewagen, great to see 
you.
    As you mentioned, the Administration is supporting the 
Compact Impact Fairness Act, which Congressman Case introduced 
in the House. This bill is going to allow the compact migrants 
to become eligible to key Federal programs while residing in 
the United States, and is actually a long-term solution to the 
financial impacts of compact migrants on state and territorial 
governments.
    As you know, not all compact migrants are just going to 
Guam and Hawaii. They are found all over the United States: 50 
percent of the 94,000 compact migrants are now all over the 
United States.
    What I suggested to Governor Guerrero when I spoke to her 
about this a few weeks ago is that, in addition to CIFA, which 
we strongly support, OIA will be happy to implement any 
supplemental grants that members of the territories advocate 
here in Congress. So, in addition to CIFA, that is the other 
alternative to continue to provide supplemental grants if the 
Congress approves it. OIA will be more than ready to implement 
those.
    Mrs. Radewagen. Secretary Cantor, I understand the American 
Samoan desk officer position at OIA is in transition, and I 
trust your office is backstopping appropriately. But is there 
any update or timetable for our local government officials to 
be aware of for contact purposes?
    Ms. Cantor. Congresswoman, we have a field rep in American 
Samoa, Ms. Lydia, and we also have a number of staff members 
here in Washington, DC that work on all the territories.
    Since I arrived in OIA last year, I have been working on an 
assessment of our resources. I cannot give you a timetable 
right now, but we are working on it.
    Mrs. Radewagen. Thank you, Madam Chairwoman. I yield back.
    Ms. Hageman. Thank you. The Chair will now recognize Mr. 
Sablan for 5 minutes for questions.
    Mr. Sablan. Thank you, Madam Chair, and good morning to our 
witnesses. Welcome.
    Madam Secretary Cantor, thank you very much for the recent 
workshop conference you held for insular area officials to come 
together and get updated on potential programs coming that 
should be very helpful. We always have these things when there 
are big programs involved, but this at the start was very 
helpful.
    I appreciate including the proposed increases for CIP, 
which the last increase was in 1993, I think, or TAP money, and 
level funding for TAP, and the empowering energy assistance, 
because as we move forward in the next year, I can expect about 
13,000 families in the Northern Marianas who get nutrition 
assistance, and the roughly 16,000 people on Medicaid will face 
a mountain of paperwork just to keep their benefits.
    The 3,400-plus people in the Marianas below the poverty 
level will shoulder much of the burden of the broad budget 
cuts, and threatening even veterans, about 700 veterans in the 
Marianas, threatening their care, costs delayed, and missed 
appointments, particularly those who have to leave to go off 
island for their specialized care. And, of course, 13,000 K-to-
12 students. It is unfortunate. So, we need to keep aware of 
this, abreast of this, Secretary also, and make sure we keep 
the island governments, except Puerto Rico, I think, but the 
island governments informed.
    Speaking about the 13,000 K-to-12 students, Secretary 
Newland, I have been in the Ed and Labor Committee for almost 
the entire time I was here. And I have had this GAO report. We 
have had testimonies on the dilapidated state of Native 
American Indian schools throughout the country. We are just 
trying to get over, and trying to work out, and hopefully find 
peace as a result of the students who were forced to be re-
educated, and now we have this dilapidated building. Some of 
them have no heat in the winter. Students have to wear heavy 
clothes just to be in school.
    But, hopefully, the money you are asking for will help your 
agency, your Department work through this so that our students, 
the only difference is they are Native American students, will 
get the same education that students outside the tribal areas 
get. So, I will support your moves also.
    And Secretary Cantor, the Compact of Free Association, 
where Envoy Yun is now working on the Republic of the 
Marshalls. And, hopefully, once there is more clarity on these 
things, we would certainly like to receive some briefing 
because, from what I understand, Congress is going to probably 
break every rule it has to pass the Compact of Free 
Association, these three. And we are going to have to get it 
done, because it is important to us more than it is to them, 
because they can walk away from this, but we can't. It is in 
our interest.
    So, thank you, and have a good weekend. I yield, Madam 
Chair.
    Ms. Hageman. Thank you. The Chair now recognizes Mr. 
LaMalfa for 5 minutes of questioning.

    Mr. LaMalfa. Thank you, Madam Chairman, and a question for 
Assistant Secretary Newland.
    As you know, and you were able to touch on in your initial 
comments, we have this seemingly unreported, quiet pandemic of 
missing and murdered Indigenous women and girls, and I want to 
give you a chance to speak a little more about that.
    But has collaboration with the DOJ across agencies and 
other agencies, has that worked very well so far in improving 
the conditions? Are there any barriers to having full 
collaboration and more success that you are aware of?
    Mr. Newland. Thank you, Congressman. Good morning. It is 
good to see you.
    Mr. LaMalfa. It is good to see you, too.
    Mr. Newland. We are getting better at coordinating with the 
Department of Justice, both at the U.S. attorney level and with 
the FBI, on the investigative phase, as well as on the 
prosecution phase. We have a new MOU between the Bureau of 
Indian Affairs and the FBI on how we are going to coordinate. 
That is the first time we have updated that in over three 
decades. And our staffs meet weekly, and we meet at my level 
monthly with counterparts from the Department of Justice to 
address these issues.
    Mr. LaMalfa. Is there anything still that is standing in 
your way of being successful with the flow of information? Is 
there anything that is being held back that we need to be more 
aware of or help push on a little bit to make sure that all 
information is being shared as appropriate?
    Mr. Newland. Thank you, Congressman. I don't have anything 
specific for you this morning.
    I will add that it is no surprise to anyone in this room 
that coordination amongst Federal agencies is always a 
challenge. And we are doing better than when we started, and I 
feel good about the trajectory. But I would always be happy to 
work with you and members of the Subcommittee on that.
    Mr. LaMalfa. Well, you keep us informed, please, on if you 
feel there is a place that needs improvement, or needs a push 
from us, or even a funding issue in the area and such. OK?
    Mr. Newland. Yes, thank you.
    Mr. LaMalfa. All right, thank you.
    Assistant Secretary Cantor, I want to shift to the 
Hurricane Maria situation in Puerto Rico in regard to FEMA and 
FEMA dollars that were sent there to help in that situation, 
post-hurricane.
    We had a Homeland Security report that says FEMA didn't 
properly manage approximately $65 million intended for disaster 
relief for Puerto Rico. What are you aware of that the 
Administration is doing to improve that, and address this fraud 
and mismanagement that we are seeing happening in Puerto Rico 
with FEMA?
    Ms. Cantor. Congressman, OIA doesn't provide support 
services to Puerto Rico, but we work closely with the 
interagency. This is a question that I could take back and work 
with FEMA. We do work with FEMA on anything related to the 
other territories: Guam, CNMI, the Virgin Islands, and American 
Samoa. But not Puerto Rico.
    Mr. LaMalfa. We had last year in a T&I hearing that the GAO 
testified that only 19 percent at that point of the relief 
money that was allocated had actually been spent. Are there 
plans to move those dollars sooner?
    And a follow-up on that would be, I am getting feedback 
from vendors down there that are doing the work in hurricane 
relief and clean-up and rebuild that they are not getting paid 
for more than just a normal amount of time. But over a year in 
some cases that they are not getting paid for their work.
    Ms. Cantor. Sir, once again, I will take that question back 
and see how we can get you an answer. But this is not an area 
that my office oversees.
    Mr. LaMalfa. Yes.
    Ms. Cantor. But we will be happy to work with the 
interagency.
    Mr. LaMalfa. OK. So, that is really two questions, as at 
that point there was only 19 percent of relief money that had 
gone out, and then what do we expect the performance of that to 
be, and then vendors getting paid.
    OK, one more. Mr. Newland, on law enforcement officers on 
Indian Country, there is a $33 million request to increase 
that. How are we doing on helping get more law enforcement for 
tribes on their tribal lands?
    Mr. Newland. Thank you, Congressman. I see my time is out, 
so I am happy to answer if permitted.
    Ms. Hageman. Quickly.
    Mr. Newland. Yes. This is an area where I am actually very 
proud of the improvement we have made. We have cut our 
attrition rate of law enforcement officers in the BIA through a 
pay parity initiative, and we are also reducing our vacancy 
rate by increasing the hiring within the BIA. And we are also 
working with Members of Congress in both parties and both 
Houses to address some of the other structural issues to help 
tribes with recruitment and retention.
    Mr. LaMalfa. Thank you, Madam Chair.
    Ms. Hageman. The Chair now recognizes Mr. Moylan for 5 
minutes of questions.
    Mr. Moylan. Thank you, Madam Chair. A question for 
Assistant Secretary Cantor. Nice to see you.
    Assistant Secretary, as you are aware, Guam is only now 
emerging from Typhoon Mawar, which has ravaged the island. As 
we wait to see the full scope of the damage, I trust that your 
office will have a distinct role in the recovery efforts.
    In your testimony, you state that increasing severity of 
weather events compound infrastructure challenges and require 
the OIA programs to help the insular areas adapt, become more 
resilient, and thrive. Can you please elaborate on what efforts 
will emerge to help Guam build a more storm-resilient 
community?
    Ms. Cantor. Good to see you, Congressman. And first of all, 
our hearts and prayers are going to the people of Guam and CNMI 
during this difficult time with Super Typhoon Mawar.
    I just wanted to mention that a few days ago I did speak 
with Governor Guerrero right before the storm hit, and I 
assured her that we would do everything that we could do in OIA 
to help the people of Guam, including that we are looking at 
potentially reprogramming funds that could be used for help in 
Guam.
    We also have a field representative in Guam who is working 
very closely with the Government of Guam. And here in 
Washington, DC, we have members of the Department that are 
working directly with FEMA to ensure that Guam gets the 
assistance that they need, especially after this devastating 
storm.
    I saw videos from the hospital and the airport, and they 
were really hard to watch, the intensity of the storm. So, 
again, we will do everything that we can to help Guam through 
this challenging time.
    Mr. Moylan. Thank you, Assistant Secretary. Another 
question now, moving on to compact impact funds. Ms. Cantor, 
compact impact funding is a crucial source of funding for the 
Government of Guam, which helps mitigate the costs associated 
with hosting COFA migrant communities. As of now, I am working 
to ensure that there is not a gap in the compact impact funding 
for 2024.
    Although the Biden administration has been vocal on the 
question of allowing COFA migrants to benefit from Federal 
programs while living in the United States, can you speak to 
the importance of maintaining compact impact funds for host 
jurisdictions?
    Ms. Cantor. Congressman, the compact impact funding was 
something that Congress in 2003 determined that we were going 
to get funding for 20 years. And as you know, 2023 is when it 
sunsets.
    As such, I mentioned earlier that there are 94,000 compact 
migrants in the United States right now, and 50 percent of them 
are in the mainland United States. And because of that, the 
Administration is supporting the Compact Impact Fairness Act, 
which will help the migrants, no matter where they are, to 
receive benefits. And this is a long-term solution with no 
sunset clause. The Department is very committed to working with 
Congress to see the intent of that legislation is achieved.
    I also mentioned to Governor Guerrero, when I spoke to her 
about this topic a few weeks ago, that if you and her work 
closely with Congress on potentially acquiring some 
supplemental grants, OIA will be more than happy to help 
implementing those grants in Guam.
    Mr. Moylan. OK. I understand your point. I still disagree. 
It is important that the hosting states and territories 
continue, because they will continue also to migrate through 
the hosting states and territories, especially the most 
dominant being Hawaii and Guam, and the Mariana Islands, as 
well. But I understand, and the fight will continue on that.
    OK, another question here, Ms. Cantor. As OIA works to 
maintain partnership with the compact states, can you please 
speak to some of the challenges which exist at the level of 
subnational diplomacy?
    Namely, can you speak to how your office has responded to 
concerns as those raised by President Panuelo and the Federated 
States of Micronesia which relate to Chinese influence?
    Ms. Cantor. Yes, Congressman. Having served in Micronesia 
for 2\1/2\ years, I am very fully aware of the challenges with 
the PRC, which is mainly what President Panuelo addressed in 
his letter a couple of months ago.
    Our office supports the compact states through a series of 
grants and initiatives that help keep our national security. 
So, again, we are looking for a free and open Indo-Pacific, and 
we are contributing to that.
    Mr. Moylan. Thank you.
    Thank you, Madam Chair.
    Mrs. Gonzalez-Colon [presiding]. Thank you, Mr. Moylan, and 
thank you, the witnesses, for coming here. I am so glad to see 
you, Ms. Cantor. I will recognize myself for 5 minutes.
    Assistant Secretary, the United States and the Freely 
Associated States currently are negotiating renewal of the 
Compacts of Free Association. The decrease in the Office of 
Insular Affairs Fiscal Year 2024 budget reflects the expiration 
of the current agreements, but does not include any future 
spending under the new compacts.
    So, my question would be, how will the current negotiations 
impact your budget, and what changes in COFA spending are you 
expecting, given the amount provided in the MOUs with the 
Federated States of Micronesia, Palau, and the Republic of the 
Marshall Islands that were signed early this year?
    Ms. Cantor. It is good to see you, Congresswoman.
    The Compacts of Free Association, as you mentioned, we just 
finished negotiating two of them, one with Palau and one with 
FSM. We are still working on the Marshall Islands. But the 
reason why you don't see that in our budget for 2024 is because 
OMB determined that the State Department is going to be 
receiving that appropriation, and the Department of the 
Interior will be implementing the appropriation.
    We are working on how that mechanism is going to work, but 
that is the main reason why you don't see that in our budget 
for 2024 and beyond.
    Mrs. Gonzalez-Colon. So, how do you anticipate that Fiscal 
Year 2024 budget will increase as a result of the newly 
negotiated compacts?
    Ms. Cantor. Can you repeat the question, please?
    Mrs. Gonzalez-Colon. Yes. How much do you anticipate that 
the negotiations in this case, the Office of Insular Affairs 
fiscal budget 2024, will increase as a result of the new 
negotiated compacts?
    Ms. Cantor. We are looking at $7.1 billion for this new 
round, compact three, nobody has called it that, but we think 
that is going to be the name of it. The real value, inflation-
adjusted, of the package currently being contemplated by 
Congress is around 14 percent higher than the level of 
assistance Congress considered prior to enactment for the 
previous 20-year period. So, it is a 14 percent increase.
    Mrs. Gonzalez-Colon. Fourteen percent. I do have questions 
for the Assistant Secretary, Mr. Newland.
    Turning to you, how much in Federal funds were set aside 
for facilities in Indian Country through all the supplemental 
funding bills that Congress passed in 2020, specifically for 
detention facilities?
    Mr. Newland. Thank you, Madam Chair. I just want to make 
sure I understood. Are you asking how much of the funding----
    Mrs. Gonzalez-Colon. Was set aside in Indian facilities for 
detention facilities.
    Mr. Newland. I don't have that number top of mind. I would 
be happy to get you an answer.
    Mrs. Gonzalez-Colon. Yes, please. Can you provide that to 
the Committee?
    Mr. Newland. Yes.
    Mrs. Gonzalez-Colon. What projects have specifically been 
completed, and what is your plan to address the rest of the 
facilities that need some repair or upgrades?
    Mr. Newland. Yes. Thank you, Madam Chair. With respect to 
our BIA jails, we have requested a significant increase through 
the President's Fiscal Year 2024 budget request. And what we 
have done administratively is come up with a way to identify 
which jails are most urgently in need of repair or replacement, 
similar to what we do at the Bureau of Indian Education 
schools. And that allows us to make sure that we are taking the 
appropriated funds that Congress provides, and putting them to 
their most effective use, and bringing some order to that 
process.
    So, that is something that we have aimed to do. We have 
some replacement jails under construction or in process right 
now in different communities, and we hope to accelerate that 
with this budget request.
    Mrs. Gonzalez-Colon. How much of those funds are being 
expended, and how much is left to spend?
    Mr. Newland. Again, Madam Chair, I don't have that number 
top of mind.
    Mrs. Gonzalez-Colon. If you can provide that to the 
Committee, I would really appreciate that. Well, that will be 
my final question.
    Mr. Newland. Yes, thank you.
    Mrs. Gonzalez-Colon. I hope both of you have a great 
weekend. I want to thank the witnesses for the valuable 
testimony and the Members for their questions.
    The members of the Committee may have some additional 
questions for the witnesses, and we will ask you to respond to 
those in writing.
    Under Committee Rule 3, members of the Committee must 
submit questions to the Committee Clerk by 5 p.m. on Tuesday, 
May 30. The hearing record will be held open for 10 business 
days for these responses.
    If there is no other further business, without objection, 
the Committee stands adjourned.

    [Whereupon, at 10:15 a.m., the Subcommittee was adjourned.]

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