[House Hearing, 118 Congress]
[From the U.S. Government Publishing Office]
EXAMINING THE PRESIDENT'S FY 2025
BUDGET REQUEST FOR THE
BUREAU OF INDIAN AFFAIRS, INDIAN.
HEALTH SERVICE, 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
SECOND SESSION
__________
Wednesday, May 8, 2024
__________
Serial No. 118-118
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Printed for the use of the Committee on Natural Resources
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
or
Committee address: http://naturalresources.house.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
55-647 PDF WASHINGTON : 2024
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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
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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
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CONTENTS
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Page
Hearing held on Wednesday, May 8, 2024........................... 1
Statement of Members:
Radewagen, Hon. Aumua Amata Coleman, a Delegate in Congress
from the Territory of American Samoa....................... 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.................................... 7
Questions submitted for the record....................... 12
Cantor, Hon. Carmen, Assistant Secretary for Insular and
International Affairs, Office of Insular Affairs, U.S.
Department of the Interior, Washington, DC................. 14
Prepared statement of.................................... 16
Questions submitted for the record....................... 17
Tso, Hon. Roselyn, Director, Indian Health Service, U.S.
Department of Health and Human Services, Rockville,
Maryland................................................... 18
Prepared statement of.................................... 19
Questions submitted for the record....................... 25
OVERSIGHT HEARING ON EXAMINING THE PRESIDENT'S FY 2025 BUDGET
REQUEST FOR THE BUREAU OF INDIAN
AFFAIRS, INDIAN HEALTH SERVICE, AND OFFICE OF INSULAR AFFAIRS
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Wednesday, May 8, 2024
U.S. House of Representatives
Subcommittee on Indian and Insular Affairs
Committee on Natural Resources
Washington, DC
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The Subcommittee met, pursuant to notice, at 2:16 p.m., in
Room 1324, Longworth House Office Building, Hon. Aumua Amata
Coleman Radewagen [Member of the Subcommittee] presiding.
Present: Representatives Radewagen, Carl, Moylan; Leger
Fernandez, Sablan, and Case.
Also present: Representative Stansbury.
Mrs. Radewagen. 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 the
President's Fiscal Year 2025 budget request for the Bureau of
Indian Affairs, Indian Health Service, and 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 ask unanimous consent that the gentlewoman from New
Mexico, Ms. Stansbury, be allowed to sit and participate in
today's hearing.
Without objection, so ordered.
I will now recognize myself for an opening statement.
STATEMENT OF THE HON. AUMUA AMATA COLEMAN RADEWAGEN, A DELEGATE
IN CONGRESS FROM THE TERRITORY OF AMERICAN SAMOA
Mrs. Radewagen. The Subcommittee is meeting today to
examine the President's Fiscal Year 2025 budget request for the
Bureau of Indian Affairs, or BIA; the Indian Health Service, or
IHS; and the Office of Insular Affairs, OIA.
Under the Constitution, Congress has the responsibility to
tax and spend wisely, making decisions on how best to
prioritize the finite Federal resources. It is also Congress'
job to provide oversight of how Federal funds are spent by
agencies, and their prioritization of programs and policies.
The BIA is responsible for honoring the United States'
treaty and trust responsibilities towards American Indians and
Alaska Natives. The President's Fiscal Year 2025 budget
requests $2.9 billion in discretionary funding for the BIA.
Additionally, the budget proposes that tribal leases and
contract support costs be reclassified as mandatory spending
beginning in 2026, bypassing the appropriations process from
that point on.
The BIA administers 56 million surface acres and 59 million
acres of subsurface mineral estates held in trust by the United
States for the benefit of individual American Indians or
tribes. The President's budget continues to focus on
conservation and climate change programs that can limit tribal
access to natural resource development on tribal lands. History
has shown that we can balance conservation and resource
development. Tribes have the knowledge and the experience to
make it work, and BIA should be supportive of all efforts of
self-determination.
Turning to health care, the IHS is the primary agency
charged with providing medical services to Native people, such
as primary care, emergency services, and substance abuse care.
The President's budget requests $8.2 billion and proposes
moving all budgetary authority for the agency to mandatory
spending starting in Fiscal Year 2026.
I think many would agree that there needs to be continued
oversight and accountability of IHS. There continues to be
concerns with the agency's ability to provide adequate care and
the efficiency of the Purchased and Referred Care program.
Concerns also remain regarding the Indian health facilities
construction list, as it has yet to be completed, and costs for
these projects have ballooned. The average IHS hospital is 39
years old, which is three times the age of an average U.S.
hospital. The President's budget does not include any
innovative proposals to address this ongoing issue.
Additionally, questions remain regarding the hiring and
retention of IHS medical and support personnel, how to best
care for individuals suffering from substance abuse and mental
health disorders.
Lastly, the OIA is charged with carrying out the
responsibilities for the U.S. insular areas of American Samoa,
Guam, the Northern Mariana Islands, and the U.S. Virgin
Islands, as well as administering the implementation of the
Compact of Free Association, or COFA.
OIA's budget shows an overall $9.62 million decrease in
discretionary funding. However, this decrease is attributable
to the expiration of the previous COFA agreements. If we look
at the non-COFA-related spending, the OIA budget request is
actually increasing discretionary funding by $2.44 million. I
hope the testimony from our OIA witness today will clearly
explain why the OIA has requested this increase, and how they
calculated these costs.
I would like to stress that Congress will continue to
oversee OIA's implementation of COFA. We will not stand idly
by, and we will ensure that all provisions are carried out in
the manner that Congress intended.
I would also like to remind the OIA of its responsibility
to facilitate and coordinate the work of the interagency group
on Freely Associated States. I urge the Department to be
transparent and communicate timely with Congress on the status
of COFA implementation.
Energy security and reliability are of crucial concern for
the insular areas. I want to ensure that the Department
advances insular economic opportunity and self-determination to
increase energy reliability and affordability.
In general, the Federal Government has increased spending
over the last decade, leading to a higher deficit and an
increased worry for our nation's fiscal future. It is important
that this Committee continues to provide oversight of the BIA,
IHS, and OIA to ensure they are fulfilling their missions
effectively in a fiscally responsible manner and for the
benefit of those they serve.
I want to thank the witnesses for being with us today.
The Chair now recognizes the Ranking Minority Member for
any 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, Madam Chair,
for your opening statement, and thank you so very much to the
witnesses for being here with us today on the budget request
for the Bureau of Indian Affairs, Office of Insular Affairs,
and the Indian Health Service.
This Subcommittee has held 16 hearings this Congress
discussing a wide range of issues and legislation that impacts
Indian Country.
We held a hearing on public safety in tribal communities
and heard the consequences suffered by Native Americans from
the lack of tribal law enforcement officers. In many cases,
there are only a few tribal officers to patrol hundreds of
miles to keep the community safe. And too often we hear that
tribes must use their own funds to make up the funding
shortfalls from Congress.
In response, our Committee passed the Parity for Tribal Law
Enforcement Act. This is a very important bill. But to actually
make a difference and to have the parity work, we need to
actually provide the funding so that we can get to parity. We
need to make sure we appropriate the money to pay the salaries,
to hire officers, and to purchase the needed patrol vehicles
and other equipment.
When we hear about priorities, I believe it is a priority,
in fact, one of the most urgent priorities, given our trust
responsibility to Indian tribes to fund the solutions to the
problems we have heard about in this Committee room. For
example, we recently heard about Purchased and Referred Care
services at the Indian Health Service, and how the IHS needs to
improve. But let's look at the funding numbers. The Indian
Health Service's per capita expenditure per person was only
$4,078 in Fiscal Year 2019, compared to the U.S. national
health expenditure of $9,726 per person. That means that tribal
citizens are seeing less than half the investment for their
health.
And I want to remind everybody, and myself, that we have
taken on a trust responsibility and obligation to provide that
health care. It was part of the promise we made in exchange for
everything that the United States has received from the first
Americans. It is unacceptable.
[Chart.]
Ms. Leger Fernandez. This chart tells it all. It shows the
fact that for urban Indians it is even worse, $672.
So, these highlight a common theme across all the hearings
we have had in this Committee room this year and a half,
stories from tribal leaders illustrating that Congress needs to
be doing more to uphold our trust responsibility.
Even when we heard about the benefits tribes see from 638
contracts and compacts to the 477 workforce program at the BIA,
it was coupled with agencies only having one or two staff to
handle hundreds of applications. Deputy Secretary, you shared
the increase in the requested self-determination contracts that
you are seeing, but you have not increased the number of people
to process that.
And while we continually hear the benefits communities are
seeing from the Bipartisan Infrastructure Law and the Inflation
Reduction Act, I want to recognize that the bulk of the work
mandated by these laws was sent to the Department of the
Interior, including the BIA.
I know that you are all working, processing more. I know
that you are all working because we need to do more and do the
kind of oversight and fixing the problems that aren't about
funding, but are about responsiveness, communication, and
transparency that you must do. But we will also need to couple
that with the resources you need. The Indian Health Service and
Bureau of Indian Affairs will see under your budget a 16
percent and 18 percent increase in your budgets. This is a
welcome increase, but we know it is not enough. Congress must
do more when it comes to resources for Indian Country.
Turning to the budget for our fellow U.S. citizens in the
insular areas, the insular areas might be seen as small,
isolated, and dependent on one or two main sources of income.
But in our travels there we understand and we recognize the
important role they play for America's national security and
our identity in the blue continent. The insular areas are also
on the front lines of the impacts of our changing climate,
facing catastrophic hurricanes and typhoons almost annually.
In many of the islands, Federal programs are the major
source of government revenues. According to the Office of
Insular Affairs statistics, Federal funds are 20 percent of the
U.S. Virgin Islands government income, 33 percent in Guam, 34
percent in the Mariana Islands, and 65 percent in American
Samoa. Yet, despite these facts, the budget for the Office of
Insular Affairs has remained constant for the past decade. It
is my hope that, starting with today's hearing, we can, on a
bipartisan basis, explore ways to ensure that adequate
resources are provided to OIA to enable them to address the
unique, important challenges that are faced by some of the most
vulnerable members of our American family.
Once again, thank you to the witnesses for being here
today. Thank you for the work that you do for tribes and the
insular areas.
And I want to again go back to the theme of recognizing
that you and your staff are processing more and more requests
without a substantial increase in funding. And I would like to
remind myself and my colleagues of the importance of funding
these programs. Unlike any other Federal agencies, we have a
trust responsibility to Native Americans because they don't
have any other sources of funding. So, we will take that into
account, and I look forward to hearing from you.
With that, Madam Chair, I yield back.
Mrs. Radewagen. Thank you. I will now introduce our
witnesses for our panel.
The Honorable Bryan Newland, Assistant Secretary for Indian
Affairs, Department of the Interior, Washington, DC; the
Honorable Carmen Cantor, Assistant Secretary for Insular and
International Affairs, Office of Insular Affairs, Department of
the Interior, Washington, DC; and the Honorable Roselyn Tso,
Director, Indian Health Service, Department of Health and Human
Services, Rockville, Maryland.
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. 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 the Honorable Bryan 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, and good afternoon, Madam Chair and
members of the Subcommittee. My name is Bryan Newland, and I
have the privilege and honor of serving as the Assistant
Secretary for Indian Affairs at the Department of the Interior.
And I want to thank you, Madam Chair and members of the
Subcommittee, for allowing me to present the Department's views
on President Biden's budget request for Fiscal Year 2025 for
Indian Affairs. That budget request totals $4.6 billion, which
is an increase of $651 million over the Fiscal Year 2024
enacted level of funding. This funding would go toward the
Bureau of Indian Affairs, the Bureau of Indian Education, the
Bureau of Trust Funds Administration, as well as programs
within the immediate office of the Assistant Secretary, and
this funding is an important step forward to meeting our trust
obligations to Indian Country, and we believe that it supports
the President's Executive Order to reform Federal funding and
promote the next era of self-determination.
Madam Chair, I have submitted a written statement for the
record. I want to use my limited time here today to focus on
three important areas of the President's budget: mandatory
funding for legally required payments, funding for public
safety programs, as well as management improvements.
First, we have proposed reclassifying tribal contract
support costs and 105(l) tribal lease payments as mandatory
funding beginning in Fiscal Year 2026. We are required by law
to provide these payments to tribes upon their request, and in
recent years those costs have grown significantly. In Fiscal
Year 2025, the Department will need an additional $232 million
just to cover these costs without cutting funding for existing
programs, programs like public safety, transportation, and
education. Reclassifying these funds as mandatory aligns our
appropriations with our legal obligations, and it protects
funding for other programs that are essential for Indian
Country.
I also want to speak directly to funding necessary to meet
our trust obligations to protect people across Indian Country.
In Fiscal Year 2022 and 2023, we were able to work with
Congress to secure an additional $131.2 million for public
safety and justice programs within the BIA. I want to thank the
Subcommittee and Congress for working with the Administration
on those increases to our public safety and justice funding.
But even with those increases, our most recent report to
Congress under the Tribal Law and Order Act shows that the
United States funds public safety and justice programs at only
13 percent of the total need of Indian Country. In addition,
appropriations law directed 52 percent of that increased
funding in Fiscal Year 2022 and 2023 to just 16 tribes. That
left only $11.5 million in additional funding to distribute
across 182 tribes throughout the country.
The President's Fiscal Year 2025 request would increase
public safety and justice funding by 17 percent over the Fiscal
Year 2024 enacted amount. That would include a $33.5 million
program increase in criminal investigations and police
services, which is specifically targeted to increase the number
of officers and investigators on the ground across Indian
Country. That would fund an additional 222 Federal and tribal
police officers in tribal communities, and would also add an
additional 120 Federal and tribal corrections staff at
detention facilities.
The 2025 budget request would get us from 13 percent of the
overall need for public safety and justice in Indian Country up
to 19 percent. Without this requested increase, the Department
would have to reduce other public safety and justice programs
to meet court-ordered obligations to the Navajo Nation. It
would delay maintenance, as well as operating requirements at
tribal courts.
And lastly, I want to highlight the work our Indian Affairs
leadership team is doing to improve our operations. We are
prioritizing recruitment and retention of staff in critical
areas such as law enforcement, awarding officials which move
the money from the Bureau of Indian Affairs out to tribal
governments, as well as our realty staff.
Within our law enforcement programs we have worked to
ensure that BIA officer salaries are in line with their
counterparts at other DOI bureaus to improve our retention and
recruitment rates and be competitive with other agencies.
We are focused on infrastructure investment by exploring
opportunities to address the growing number of 105(l) leases
and data improvements related to facilities.
We are also improving timelines for land into trust and
other realty activities, and we are working to approach these
issues from multiple angles, including resourcing and staffing
levels, to improve our processes.
Madam Chair, I want to thank you once again for the
opportunity to testify, and I look forward to answering any
questions members of the Subcommittee may have. Thank you.
[The prepared statement of Mr. Newland follows:]
Prepared Statement of Bryan Newland, Assistant Secretary--Indian
Affairs, Department of the Interior
Good afternoon, Chair Hageman and members of the Subcommittee.
Thank you for the opportunity to provide a statement on the President's
Budget Request for Fiscal Year 2025 (FY 2025) for Indian Affairs. The
FY 2025 budget request for Indian Affairs programs totals $4.6 billion,
which is an increase of $651 million over the FY 2024 Enacted level of
funding.
As the Assistant Secretary for Indian Affairs, I oversee the
numerous programs within the Bureau of Indian Affairs (BIA), the Bureau
of Indian Education (BIE), and the Bureau of Trust Funds Administration
(BTFA) along with other programs within the immediate Office of the
Assistant Secretary for Indian Affairs (IA or Indian Affairs). All of
these programs play important roles in carrying out Federal trust,
treaty, and other responsibilities to 574 federally recognized Indian
Tribes. Programs serve more than two million American Indians and
Alaska Natives in Tribal and Native communities. The BIA provides
direct services and funding for compacts and contracts for Tribes to
provide Federal programs for a wide range of activities necessary for
strong Tribal communities, including natural resource and land
management, public safety, and social service programs, among many
others in Indian Country. BIE manages and serves a school system of 183
schools, funds 29 Tribal Colleges and Universities (TCUs) and two
Technical Colleges, delivering educational services and resources to
approximately 40,000 K-12 students, as well as thousands of pre-school
children and post-secondary college students. The BIE also operates two
post-secondary schools. The BTFA is responsible for the financial
management of approximately $8.8 billion of Indian trust funds held in
about 4,200 Tribal accounts (approximately $7.2 billion) and about
411,000 Individual Indian Money (IIM) Accounts (approximately $1.5
billion). Indian Affairs programs are built on strong and productive
government-to-government relations with Tribes.
The FY 2025 budget request continues to invest in programs that are
a foundation of Indian Country's strength. The request for the
individual organizations is as follows: IA/BIA--$2.9 billion, an
increase of $485.1 million above FY 2024 Enacted; BIE--$1.5 billion, an
increase of $154.6 million above FY 2024 Enacted; and BTFA--$111.3
million, an increase of $11.3 million above FY 2024 Enacted.
The funding requested is an important step forward to meet our
obligation to Tribes. To support fully meeting our obligation to
Tribes, the President signed Executive Order 14112 (EO), Reforming
Federal Funding and Support for Tribal Nations to Better Embrace Our
Trust Responsibilities and Promote the Next Era of Tribal Self-
Determination. The EO directs Federal agencies to increase their
deference to Tribal decision-making, streamline application processes
for Tribes to obtain funding, and remove some restrictions and cost-
sharing requirements, consistent with applicable law or to recommend
changes to existing law. The EO also directs the establishment of a
one-stop Tribal funding clearinghouse and requires agencies to measure
and report annually on Tribe-related funding need shortfalls. We have
already established an initial clearinghouse and will continue to
expand its contents and make it more user friendly to utilize for
Tribes. I look forward to reporting to you on our further progress to
meet the requirements of the EO.
Before I dive into the details of the budget, I want to stress the
importance of mandatory funding proposals for Indian Affairs and
underline my focus on management improvements. Regarding mandatory
funding, Contract Support Costs, payments for 105(l) Tribal leases and
Water Rights Settlements costs are growing, legally required payments.
These three programs should have mandatory funding to align with the
mandatory legal requirements associated with each. If the funding
associated with these programs is not transitioned to mandatory
funding, it could force cuts to other critical operations such as law
enforcement and school operations.
Regarding continual management improvements, I want to let you know
that our Indian Affairs leadership team is focused on operational
improvements. One key area of focus is on improving recruitment and
retention of staff in critical areas such as law enforcement, awarding
officials and realty staff. Another area is infrastructure investment,
this includes exploring opportunities to address the growing number of
105(l) leases to process and data improvements related to facility
improvement and repair and construction. We have also focused on
improving timelines for land into trust status and other realty
activities. In each of these areas, we are looking at these issues from
multiple angles, including appropriate resources and staffing levels,
process improvement and better use of technology. Now I will turn to
highlights for the FY 2025 budget.
Strengthen Tribal Communities
Tiwahe means family in the Lakota language and symbolizes the
interconnected-ness of all living things and one's personal
responsibility to protect family, community, and the environment. To
empower federally recognized Tribes to realize this potential, IA
launched the Tiwahe Initiative in FY 2015. The Tiwahe Initiative is an
extensive and bold approach to furthering Indian self-determination.
The Tiwahe Initiative fosters systemic change in the delivery of
services to children and families through the integration of Tribal
practices, customs, values, and traditions. Each participating site's
Tiwahe Initiative plan offers Tribes the flexibility to design
programming and services to address the gaps and needs of their
individual communities. To date, the Tiwahe Initiative has focused on
improving collaboration and coordination across core programs like
social services, Indian Child Welfare Act (ICWA), recidivism, housing,
and job placement and training. The 2025 Budget requests an increase of
$28.6 million to expand the Tiwahe program by extending that
coordination to include Healing to Wellness Courts and economic
development needs as well as supporting the participation of new Tribes
while sustaining the existing 10 Tiwahe Tribes.
Federal Boarding School Initiative
The BIA is uniquely positioned to assist in the effort to recover
the histories of Federal Indian boarding schools. In 2023, as part of
the Secretary's Federal Boarding School Initiative (BSI), Secretary
Haaland and I completed a 12-stop Road to Healing tour, during which we
traveled to locations across the country giving Indigenous boarding
school survivors the opportunity to share their stories and connect
with trauma-informed support. The 2025 budget includes $7.0 million to
continue the Secretary's 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 Volume 1, including continued
historical research and documentation, and work to identify and protect
the remains of those identified. The funding will also support an oral
history project to document and make accessible the experience of the
generations of Indigenous children who attended the Federal boarding
school system. Through the BSI, the Department is seeking to work with
Tribal Nations to begin the long healing process through transparency
and accountability.
Protect Indian Country
The BIA Office of Justice Services (OJS)-administered public safety
and justice programs fund law enforcement, corrections, and court
services to support safe Tribal communities and schools serving Indian
Country youth. These programs safeguard life and property, enforce
laws, maintain justice and order, and ensure detained American Indian
and Alaska Native offenders are held in safe, secure, and humane
environments. These programs also directly support the Administration's
commitments to Indian Country, by increasing safety on Tribal lands and
tackling the crisis of violence against Native women, children, and the
elderly.
The 2025 budget includes $651.2 million for Public Safety and
Justice (PS&J) operations, an increase of $95.7 million above the 2024
Enacted level. Operational funding supports the expanding Tribal needs
in policing, detention, and Tribal courts. The budget includes a $33.5
million program increase in 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 2025 budget also 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 more
effectively investigate these cases. As part of the proposed expansion
to the Tiwahe Initiative, the budget includes a program increase of
$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.
The recently released 2021 Tribal Law and Order Act report
identified a total funding need of $3.5 billion for law enforcement,
detention/corrections, and Tribal Court needs. (see: https://
www.bia.gov/sites/default/files/media_document/
2021_tloa_report_final_508_compliant.pdf). The total requested increase
for law enforcement is an important step forward.
Economic Opportunities
The 2025 budget funds the Community and Economic Development
activity at $43.0 million, a $12.5 million increase above the 2024
Enacted level, to advance economic opportunities in Indian Country. Job
Placement and Training is funded at $13.9 million to assist Tribal
members in obtaining job skills and finding and retaining jobs.
Economic Development projects are funded at $24.5 million and include a
request for an additional $11.5 million investment in Native language
revitalization, which is crucial to preserve endangered languages,
promote self-determination, and strengthen Tribal communities. A $1.2
million program increase in Community Development Oversight is
requested to support the implementation of Native language activities,
the administration of the Native American Business Incubators program,
and oversight of other grant programs.
Manage Trust Resources and Lands
Tribal sovereignty and economic development cannot be achieved
without addressing land needs. The FY 2025 budget continues to invest
in Indian Land Consolidation with a request of $11 million to address
fractionation and incorporate lessons learned from previous programs.
This program has been especially important since the Land Buy-Back
Program for Tribal Nations (LBBP), established as part of the Cobell
Settlement, ended in November 2022. If the land consolidation program
is not funded at a sufficient funding level, all the gains from
reducing fractionation from LBBP funding could be lost by 2038, and we
project that Indian Country will be back to the same level of
fractionated interests as of 2012, preventing Tribes from effectively
using large land areas. (see: U.S. Department of the Interior, ``Ten
Years of Restoring Land and Building Trust 2012-2022, Land Buy-Buy Back
Program for Tribal Nations,'' pg. 1 (December 2023)) The Land
Consolidation program continues to be complimented by the $2 million
provided for land acquisitions within Trust Real Estate Services
through the Operation of Indian Programs account in FY 2024 enacted.
Trust Natural Resource Management
The budget includes $359.3 million, a $37.0 million increase over
the 2024 Enacted amount, for critical trust natural resources
activities and investing in climate resilience and environmental
justice. Of that amount, $48.8 million is provided for the Tribal
Climate Resilience program. This program includes the Climate
Relocation Grant program, which is funded at $13.5 million, $4.0
million more than the 2024 Enacted amount, to provide relocation,
managed retreat, and protect-in-place support for critically vulnerable
communities. Also included in the request is $26.8 million for the
Tribal Climate Adaptation Grant program, which helps Tribes better
assess and address their growing adaptation needs. The Tribal Climate
Resilience program also includes $7.8 million for Tribal youth corps
programs. The Tribal youth corps program is an important jobs
initiative to tackle climate change on the ground, ensure a living
wage, and provide skills and a pathway to employment. These funds will
also support Tribes in developing science, obtaining tools, training,
planning, and implementing actions to build resilience into resource
management, infrastructure, and community development activities. The
budget supports the America the Beautiful initiative by honoring Tribal
sovereignty and supporting the Trust Natural Resources priorities of
Tribal Nations.
Included in the budget request are two new elements of the Tribal
Climate Adaptation program. First, it includes a $500,000 increase to
fund the BIA's role in the National Seed Strategy. This funding will
advance critical scientific requirements by supporting botanists and
ethnologists who will seek out Indigenous knowledge to incorporate into
restoration practices. The funding will also support co-developed
climate adaptation and resilience best management practices for seed
production and use in restoration. Second, in support of the White
House national strategy to prioritize nature-based solutions (NBS) that
benefit people and nature, advance equity, are evidence informed,
integrate continuous improvement, and advance collaboration/co-
stewardship opportunities, the BIA is requesting $250,000 to establish
a Resource NBS expert to implement the NBS roadmap and strategies. The
BIA will develop and maintain a tool for Tribes and decision makers
that allows access to data needed to invest in protecting, sustainably
managing, and restoring natural ecosystems.
The budget also includes $41.0 million to support Agriculture and
Range efforts and $33.6 million for Energy and Minerals activities,
which includes investment in the deployment of clean energy in Tribal
communities. IA views renewable energy as one of many tools available
to American Indians and Alaska Natives to create sustainable economies
on Indian land; many Indian reservations are well positioned to access
or provide a stable source of competitively priced, low-carbon clean
energy. These efforts also support the Justice40 Initiative, ensuring
that at least 40 percent of the overall benefits from certain Federal
investments are delivered to disadvantaged communities.
Construction
The 2025 budget includes $154.8 million for BIA Construction
activities. The funding supports replacement and deferred maintenance
projects to address needs at PS&J facilities. It also includes the
irrigation rehabilitation program, which addresses critical deferred
maintenance and construction needs at BIA-owned and operated irrigation
facilities, including 17 Indian irrigation projects. The Safety of Dams
program is responsible for 141 high-hazard dams on 42 Indian
reservations. The Construction program also addresses needs at regional
and agency offices serving Tribal programs and operations in Indian
Country.
Within Construction activities, the budget includes $10.0 million
to address water-quality issues at BIA-owned water infrastructure,
including systems of concern identified by EPA. In addition, $1.4
million is included to support the Administration's governmentwide goal
to accelerate the use of zero-emission vehicles (ZEVs) to enable a
clean transportation future. Funds will be used to acquire ZEVs,
install solar panels and related charging infrastructure, and perform
planning and integration to support the initiative across Indian
Affairs.
Contract Support Costs and Tribal Grant Support Costs
Contract Support Costs funding is critical for Tribal sovereignty,
enabling Tribes to assume responsibility for operating Federal programs
by covering the costs to administer the programs. The budget proposes
to reclassify Tribal Contract Support Costs from discretionary to
mandatory funding beginning in 2026 while estimating $426.2 million in
discretionary funding needs in 2025 to fully cover projected
requirements.
The BIE 2025 request includes $100.7 million in Tribal Grant
Support Costs. These funds provide operating and staffing resources to
Tribes who choose to operate BIE-funded schools. Nearly 70 percent of
all BIE-funded K-12 schools are operated by Tribes.
Payments for Tribal Leases
Section 105(l) of the Indian Self Determination and Education
Assistance Act (ISDEAA) provides that Tribes and Tribal organizations
carrying out Federal functions under a self-determination contract or
self-governance compact may enter into a lease agreement with the
Department for the Tribally owned or rented facility used to carry out
those functions. This critical Tribal sovereignty payment is allowing
IA to get Tribes closer to meeting the full cost of program
implementation and improving their facilities. The 2025 budget proposes
to reclassify 105(l) lease agreement requirements from discretionary to
mandatory funding beginning in 2026 while estimating $120.0 million in
discretionary funding needs in 2025 to fully cover projected
requirements. The budget also includes an increase of $2.2 million in
Executive Direction which will help fund additional staff to meet the
growing level of requests of Tribes. The annual number of Tribal lease
requests currently exceeds 600. This funding for additional staff is
critical to meet this demand in a timely manner.
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 2025 budget proposes $45.9 million for the Settlements
account. The 2025 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 request
also includes initial funding of $45.0 million for Federal payments
authorized in the Hualapai Tribe Water Rights Settlement Act of 2022
(Public Law 117-419). The Hualapai settlement authorizes discretionary
appropriations of $317.0 million plus indexing to the Tribe for the
construction of the Hualapai Water Project and other domestic water
supply infrastructure on the Hualapai Reservation. Payments to satisfy
the settlement must be made by April 15, 2029.
The Administration is interested in working with Congress to find a
solution to meet Federal commitments regarding current and future
Indian water rights settlements, including the Hualapai settlement. The
2025 President's Budget proposes legislation to provide robust
mandatory funding for Indian Water Rights Settlements, building on the
Indian Water Rights Settlement Completion Fund (IWRSC), established in
the Bipartisan Infrastructure Law (Public Law 117-58). The IWRSC went a
long way in clearing the backlog of settlement obligations and the
Department has allocated over $2.4 billion of the $2.5 billion
appropriated. However, more remains to be done. At this time, there are
four Indian water settlements pending before Congress and a number of
other water settlements are in negotiation and may be introduced soon.
The proposal would provide the fund $2.8 billion: $250.0 million
annually over 10 years for existing and future water rights settlements
and $34.0 million a year over 10 years for on-going requirements
implemented by the Bureau of Reclamation associated with the operation,
maintenance, and repair costs of the Ak Chin Indian Water Rights
Settlement Project, the Animas-La Plata Project (Colorado Ute
Settlement), the Navajo Gallup Water Supply Project, and annual
responsibilities under the Columbia and Snake River Salmon Recovery
Project (Nez Perce Settlement).
Foster Tribal Student Success
The 2025 budget for the BIE is $1.5 billion in current
appropriations, a $154.6 million increase from the 2024 Enacted level.
The budget includes key investments to strengthen the 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.
The United States has a trust and treaty responsibility to provide
eligible Indian students with a quality education. The BIE serves as a
capacity builder and service provider to support Tribes in delivering
culturally appropriate education with high academic standards to allow
students across Indian Country to achieve success. Funding for the BIE
supports classroom instruction, student transportation, Native language
development programs, cultural enrichment, gifted and talented
programs, behavioral health and wellness services, school safety,
security, and education technology investments. The BIE operates two
postsecondary institutions, administers grants for 29 Tribally
controlled colleges and universities, funds two Tribal technical
colleges, and supports multiple scholarship programs for highly
qualified Native American students.
The 2025 budget invests in improved educational opportunities and
service delivery for Native American students from their earliest years
through college. Under the BIE, the FY 2025 budget includes $310
million for Education Construction activities, supporting critical
school construction, deferred maintenance for schools and TCUs, and new
employee housing and repair to support teacher recruitment and
retention in underserved communities. With the 2025 budget request and
Great American Outdoors Act Funding anticipated through 2025, the BIE
expects to support the planning, design, and construction work at four
BIE schools and address inflationary cost increases at schools funded
in prior years. As the BIE continues to strengthen delivery of services
to underserved communities as an independent bureau, the 2025 request
includes a $6.3 million program increase in Education Program
Management, which includes additional support for critical grant
specialists, facilities specialists, and education information
technology specialists. To ensure current and additional resources are
well targeted, the BIE has developed and recently completed Tribal
consultation across Indian Country regarding its 2024-2029 strategic
plan, which will be published this summer. The BIE strategic plan
creates a roadmap for the future to support Tribes in educating their
youth and to deliver a world-class and culturally appropriate
education.
Trust Fund Management
The 2025 budget includes $111.3 million, an $11.3 million increase
from 2024 Enacted, to support Tribal and Individual Indian Money
financial functions managed by the Bureau of Trust Funds Administration
(BTFA). The BTFA was established within the Office of the Assistant
Secretary--Indian Affairs in 2020 to house the ongoing financial trust
management functions of the Office of the Special Trustee for American
Indians. Trust funds include payments from judgment awards, settlements
of claims, land-use agreements, royalties on natural resource use,
other proceeds derived directly from trust resources, and financial
investment income. Trust financial management functions include
receipting, investing, disbursing, reconciling, and reporting of trust
funds on behalf of individual Indians. We appreciate Congress's full
recognition of BTFA as a bureau in the FY 2024 Enacted Appropriation,
which will allow the organization to focus on its mission of serving
Indian Country.
Conclusion
This FY 2025 budget request maintains strong and meaningful
relationships with Native communities, strengthens government-to-
government relationships with federally recognized Tribes, promotes
efficient and effective governance, and supports nation-building and
self-determination. The request delivers community services, restores
Tribal homelands, fulfills commitments related to water and other
resource rights, executes fiduciary trust responsibilities, supports
the stewardship of energy and other natural resources, creates economic
opportunity, expands access to early childhood, K-12, and post-
secondary education, and assists in supporting community resilience in
the face of a changing climate.
Thank you for the opportunity to appear before you today. I am
happy to answer any questions the Subcommittee may have.
______
Questions Submitted for the Record to the Hon. Bryan Newland, Assistant
Secretary for 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. As discussed during the hearing, the Committee has
heard testimony from tribal members that are fearful of the influence
criminal drug cartels have on tribal lands. Would you commit to work to
form a multiagency task force focused specifically on the international
drug cartels actions throughout Indian Country?
Question 2. In your written testimony, you mentioned the Missing
and Murdered Unit and how it has engaged in cross-departmental and
interagency collaboration for data collection and information sharing.
2a) Are there any barriers to interagency data sharing on this
topic?
2b) What legislative changes would the Department make to resolve
any barriers to interagency data sharing?
Question 3. The Land Buy Back Program spent $1.69 billion dollars
to reduce land fractionation on reservation lands. However, as
mentioned in your written statement, long-term forecasts indicate land
fractionation levels will return to pre-program levels by 2038 without
further sustained efforts.
3a) Has the Department considered what programmatic changes to the
Land Consolidation Program should be made to make sure funds
appropriated for land consolidation are used sustainably?
Question 4. The President's budget proposes $8 million for a Tribal
Land and Water Conservation Fund.
4a) Why does the fiscal year 2025 budget proposal move the Land and
Water Conservation Fund from the BIA's account to the DOI?
4b) Will this hinder BIA's ability to manage this suggested tribal
set aside for the Land and Water Conservation Fund?
4c) Is there concern that purchasing lands for tribes with LWCF
funds will curtail the future use of these lands in a way that will
prevent tribes from developing lands in multiple ways?
Questions Submitted by Representative Hageman
Question 1. I continue to hear from tribes across the country about
issues associated with the responsiveness of the Bureau of Indian
Affairs (BIA), especially in relation to the regional offices. These
reported problems are not limited to one state or region, but are
instead an agency wide responsiveness issue that impact a variety of
tribal services.
1a) Assistant Secretary Newland, are there processes or systems in
place to track the questions and inquiries received, as well as BIA's
responsiveness to the tribes they serve, including, but not limited to,
metrics on the time it takes to respond to inquires, and whether the
substance of such responses actually resolve the issues raised by the
tribes?
i) Could you share with the Subcommittee any documents,
forms, intake materials, etc., that will shed light on
how the BIA responds to tribal inquiries and requests?
1b) If the BIA does not have any particular processes or systems in
place to track tribal inquiries and agency responses (including time
and substance), will you commit to reviewing this responsiveness issue
and putting systems in place to address the complaints being received,
including an oversight mechanism to gather the metrics on the inquiries
being received and how quickly the BIA responds to messages?
Questions Submitted by Representative Grijalva
Question 1. The Department issued a final rule for the
Implementation of the Native American Graves Protection and
Repatriation Act that went into effect in January. Could you explain
how the budget request will support the implementation of this new
rule?
Question 2. This year's budget request includes a budget proposal
to transfer the Office of Subsistence Management (OSM) from the Fish
and Wildlife Service to the Assistant Secretary for Indian Affairs.
Could you expand on how this transfer would support the expansion of
tribal co-management partnerships and the incorporation of Indigenous
knowledge into subsistence management?
Question 3. Are you able to provide us with a current estimate of
the Bureaus of Indian Affairs and Indian Education's deferred
maintenance backlog and how BIA and BIE are utilizing this budget
request to work through the deferred maintenance backlog?
Question 4. The FY25 budget request includes a proposal to shift
funding from the Office of Hearings and Appeals Probate Hearings
Division to the BIA from the Bureau of Trust Funds Administration. The
Committee often hears from many tribes that they experience lengthy
delays in completing probate cases due to the lack of available probate
judges, leaving many tribal members having to wait up to 7 years for
probate cases to be processed, even when the decedent has a will and
often resulting in heirs dying before a decedent's probate is
processed.
4a) How will this proposal address the current delays and increase
efficiency in handling probate cases?
Question 5. The BIA's budget justification appropriately notes the
critical need for additional funding for Tribal law enforcement and
courts to serve their communities. I remain supportive of fully funding
BIA programs to ensure that tribal communities have the resources they
need yet historical underfunding has left many tribes without adequate
funding for law enforcement. For example, for the Quechan Tribe in my
district, tribal membership has grown significantly since its police
department and tribal court were established. These crucial community
services have been operating out of small buildings, which hinders the
Tribe's ability to serve tribal members effectively and efficiently.
The courthouse, for example, is currently a temporary modular structure
and the Tribe has been exploring options to relocate the court at its
own expense.
5a) How will the increased funding in this budget request be
distributed to Tribes to improve law enforcement and judicial
infrastructure to meet the needs of growing tribal communities?
Question 6. The Department was previously asked by Committee
Republicans how Congress can assist the Department in providing more
resources to tribal police departments for retention efforts without
providing more funds.\1\ Do you believe there is a legislative path
forward to address all the public safety needs in Indian Country, that
does not include additional funding? How will public safety and
infrastructure in Indian Country be further exacerbated by not fully
enacting this budget request?
---------------------------------------------------------------------------
\1\ May 25, 2023 IIA FY24 Budget Hearing--QFR from Rep. Hageman.
Question 7. The FY25 budget includes $11 million for the Indian
Land Consolidation Program. The primary goal of the Program is to
strengthen tribal sovereignty and self-determination while reducing
---------------------------------------------------------------------------
fractionation on Indian land.
7a) If no action is taken to reduce fractionated interests, how do
you expect the situation to look 10 years from now?
7b) What is DOI doing to reduce the probate backlog? What are the
current projections for its reduction over the next year?
Question 8. How is BIA working to ensure transparent and fair
property appraisals to ensure that Tribal members receive appropriate
compensation for leasing their lands.
______
Mrs. Radewagen. I thank the witness for their testimony.
The Chair now recognizes the Honorable Carmen 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. Madam Chair and members of the Committee on
Natural Resources, thank you for the opportunity to testify on
the Fiscal Year 2025 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.
The OIA request for current appropriations for 2025 is
$119.1 million. This amount is a decrease of $4.4 million from
the 2024 enacted current appropriation. Included in this
current appropriation request are $91.4 million in
discretionary funding and $27.7 million in mandatory funding.
The President's 2025 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.
The 2025 budget request for OIA's operational account is
$11.5 million, an increase of $1.3 million over the 2024
enacted level. This account provides OIA the staff and other
resources we need to support the delivery and oversight of over
$700 million a year in current and mandatory financial
assistance to our territories and the Freely Associated States.
The President's 2024 budget requested an increase of
$544,000 to offset increases for fixed costs. This increase was
not funded in OIA's 2024 enacted appropriation. The 2025 budget
once again requests this increase, along with an additional
$508,000 for 2025 fixed costs and $200,000 for NEPA support and
compliance. The requested funding level for this account will
maintain our current services and ensure mission delivery.
OIA also requests an increase of $500,000 for the Brown
Tree Snake Control Program in the 2025 budget request. Rising
costs underlie the need for increased funding to maintain the
program's 100 percent inspection rate, the key to successful
brown tree snake interdiction programs in Hawaii, Guam, and
CNMI.
The U.S. territories and Freely Associated States face
significant challenges related to infrastructure and
resiliency. The President's budget supports these priorities
for the insular areas by providing technical expertise and
investments aimed to fortify and adapt both their public
infrastructure and natural resources. OIA's technical
assistance for $23.3 million, Energizing Insular Communities,
$15.5 million; Coral Reef Initiative and Natural Resources,
$2.8 million; Capital Improvement Project, $28.7 million; and
Maintenance Assistance Programs, $4.4 million, all contribute
to strengthening island communities.
Mandatory funding for the Capital Improvement Project
Program has not been increased or adjusted for inflation since
the program's current authorization in 1996, and significant
increases in construction and labor costs continue to erode the
impact of the program on infrastructure needs in the
territories. Considering this, the 2025 budget request includes
$1 million in discretionary funding to provide additional grant
funding to the territories as they continue to address critical
needs for infrastructure improvement.
For 2025, 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. The USVI is estimated to receive
around $300 million for excise taxes paid to the Federal
Government on rum produced in the USVI.
The Administration thanks Congress for passing the Compacts
of Free Association Amendments Act of 2024, which extends $6.5
billion in economic assistance to the Freely Associated States
for another 20 years. Strong ties between the United States and
the Pacific Islands, individually and collectively, form the
foundation of U.S. engagement in the Pacific. The Department of
the Interior is pleased to play once again a lead role as we
move into the implementation phase of this newly-amended
agreement.
Madam Chair, it is a pleasure to appear before your
Subcommittee to discuss the 2025 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 2025 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 2025 Current Budget Request
The OIA request for current appropriations for 2025 is $119.1
million. This amount is a decrease of $4.4 million from the 2024
enacted current appropriation. Included in this current appropriation
request are $91.4 million in discretionary funding and $27.7 million in
mandatory funding.
The President's 2025 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.
The 2025 budget request for OIA's operational account is $11.5
million, an increase of $1.3 million over the 2024 enacted level. This
account provides OIA the staff and other resources we need to support
the delivery and oversight of over $700 million a year in current and
mandatory financial assistance to our territories and the freely
associated states. The President's 2024 budget requested an increase of
$544,000 to offset increases for fixed costs. This increase was not
funded in OIA's 2024 enacted appropriation. The 2025 budget once again
requests this increase along with an additional $508,000 for 2025 fixed
costs and $200,000 for NEPA support and compliance. The requested
funding level for this account will maintain our current services and
ensure mission delivery.
OIA also requests an increase of $500,000 for the Brown Tree Snake
Control Program in the 2025 budget request. Rising costs underlie the
need for increased funding to maintain the program's 100 percent
inspection rate--the key to successful Brown Tree Snake interdiction
programs in Hawai'i, Guam, and CNMI.
The U.S. territories and freely associated states face significant
challenges related to infrastructure and resiliency. The President's
budget supports these priorities for the insular areas by providing
technical expertise and investments aimed to fortify and adapt both
their public infrastructure and natural resources. OIA's Technical
Assistance ($23.3 million), Energizing Insular Communities ($15.5
million), Coral Reef Initiative and Natural Resources ($2.8 million),
Capital Improvement Project ($28.7 million), and Maintenance Assistance
programs ($4.4 million) all contribute to strengthening island
communities.
Mandatory funding for the Capital Improvement Project program has
not been increased or adjusted for inflation since the program's
current authorization in 1996, and significant increases in
construction and labor costs continue to erode at the impact of the
program on infrastructure needs in the territories. Considering this,
the 2025 budget request includes $1.0 million in discretionary funding
to provide additional grant funding to the territories as they continue
to address critical needs for infrastructure improvement.
Fiscal Payments
For 2025, permanent mandatory commitments include an estimated $380
million for fiscal payments to Guam and the USVI. Guam is estimated to
receive $80 million in income tax payments attributable to military and
Federal personnel stationed in Guam. The USVI is estimated to receive
around $300 million for excise taxes paid to the Federal government on
rum produced in the USVI.
2024 Compacts of Free Association
The Administration thanks Congress for passing the Compacts of Free
Association Amendments Act of 2024, which extends $6.5 billion in
economic assistance to the freely associated states for another 20
years. Strong ties between the United States and the Pacific Islands,
individually and collectively, form the foundation of U.S. engagement
in the Pacific. The Department of the Interior is pleased to play once
again a lead role as we move into the implementation phase of this
newly amended agreement.
Madam Chair, it is a pleasure to appear before your subcommittee to
discuss the 2025 budget request for the Office of Insular Affairs.
______
Questions Submitted for the Record to the Hon. Carmen Cantor, Assistant
Secretary for Insular and International Affairs,
U.S. Department of the Interior
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. The budget justification for the OIA continues to pick
winners and losers in the energy sector by promoting taxpayer money for
renewable energy, which is clearly seen through the OIA's Energizing
Insular Communities program. The Biden administration is bypassing an
all-of-the-above energy strategy by electing to prioritize renewables
over more reliable sources.
1a) Do you agree that the territories should have access to
reliable energy?
1b) Do you agree that the territories should be able to have self-
determination in choosing the right energy options that fit their
needs?
1c) Are you aware that U.S. territories such as the USVI continue
to suffer from frequent outages despite transitioning to solar and wind
energy?
1d) Will you commit to expanding energy options for the territories
and not just the ones that the Biden administration deems as
politically favorable?
Question 2. The budget requests an increase in discretionary
funding to American Samoa Operations, Capital Improvement Projects, the
Office of Insular Affairs, Technical Assistance, Brown Tree Snake
Control, the Coral Reef Initiative, Natural Resources, and Energizing
Insular Communities grants. According to your written testimony, these
increases reflect an increase in costs to carry out these programs.
However, it is not clear how the OIA calculated the funding levels in
its request.
2a) Can you please elaborate on how the OIA came up with these
costs?
2b) Were these increases requested by outside agencies? If so, what
has the OIA done to ensure that these increases are justified and are
fiscally responsible?
Question 3. There have been recent reports that the Federated
States of Micronesia's (FSM) government signed ten memorandums of
understanding (MOUs) with the People's Republic of China's (PRC)
government. The PRC pledged to support the FSM with $14 million (USD)
to fund multiple projects. This is especially concerning as several of
these MOUs are for cooperation on infrastructure and economic
development, areas that the COFAs are meant to address. There are
serious concerns about how COFA funds could be used, directly or
indirectly, to fund the PRC and PRC-linked entities for carrying out
projects under these MOUs.
3a) Is the Secretary of the Interior and the OIA aware of this news
and agree that this is alarming?
3b) Has the DOI approached the FSM government about this news and
raised its concerns with how they could affect COFA implementation?
3c) How will the DOI ensure that COFA funding is not going to be
used to fund the PRC and any PRC projects?
Question 4. On May 1, 2024, Secretary Haaland stated that the DOI
is working to appoint their required members to the Compact's Economic
Management and Trust Fund committees.
4a) Can you provide us with an update on the appointment process?
4b) Can the DOI commit that they will appoint highly qualified,
senior-level members who have strong expertise in financial and
economic management to these committees?
Question 5. The renewed COFA's included provisions for the
authorization of veterans' services to the FAS. As Co-chair of the
Interagency Group, the Secretary of the Interior is tasked with
coordinating federal agency implementation of the COFA provisions. You
mentioned in your testimony that OIA has been collaborating with
members of the Interagency Group to provide veterans access to these
services.
5a) Can you provide us with an update on the status of the
implementation of veterans' services provisions?
5b) Can you confirm that the Secretary of the Interior has begun
coordination with the Secretary of Veterans Affairs to ensure that
these provisions are carried out in the manner they were intended?
Question 6. In the new Compact legislation, Congress mandated the
formation of the Interagency Group on Freely Associated States. The
purposes of the Interagency Group are to coordinate federal activity in
or relating to the FAS, and to provide policy guidance and oversight to
federal agencies with respect to COFA implementation. The Secretary of
the Interior, as Co-Chair of the group, holds the responsibility to co-
lead regular meetings of the group and to facilitate and coordinate the
group's work. You mentioned in your testimony that the Interagency
Group had their first meeting, and that the DOI appointed their
representatives to the Interagency Group.
6a) Who are the representatives that the DOI appointed to the
Interagency Group?
6b) Can you confirm that these representatives are at a senior-
level and appropriate for the group? It is important that these
representatives are at the most senior level possible in order to
ensure proper coordination and to provide a clear signal to our FAS
allies that we remain committed to the COFA.
6c) Does the group plan to meet more than once this year? If so,
when?
______
Mrs. Radewagen. I thank the witness for their testimony.
The Chair now recognizes the Honorable Roselyn Tso for 5
minutes.
STATEMENT OF THE HON. ROSELYN TSO, DIRECTOR, INDIAN HEALTH
SERVICE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES,
ROCKVILLE, MARYLAND
Ms. Tso. Good afternoon, Madam Chair and members of the
Subcommittee. Thank you for the opportunity to testify on the
President's Fiscal Year 2025 budget request for the Indian
Health Service.
I also want to first acknowledge and thank you for your
work over the years to grow the Indian Health Service budget
and prioritize health for Indian Country. We are especially
grateful for the work in maintaining IHS advanced
appropriations for Fiscal Year 2024. This is an historic
achievement that has significantly changed delivery of health
care for Indian Country.
I am also happy to report that, because of the 2024
advanced appropriations, IHS has made 100 percent of payments
to eligible tribes through their contracts and compacts in the
first 2 weeks of the Fiscal Year.
I also appreciate the opportunity to share with you steps
that I have taken as the IHS Director to improve transparency,
accountability, and oversight of the agency.
As we seek additional funding and new funding authorities,
it is critical that the Indian Health Service improve internal
operations to ensure safe, high-quality health care, protect
and support its relationships with tribes and tribal
organizations. To ensure that I fully understand the challenges
and accomplishments throughout Indian Country, I value the time
to visit with tribal leaders across the country to gain their
input and perspective.
In support of building a high-performing organization, I
have implemented the first agency work plan in January 2023
that achieved three major accomplishments, including a Total
System Safety Strategy, IHS patient safety policy, and
improvements to the Purchased and Referred Care program such as
establishing updated medical priority levels, establishing a
financial monitoring tool, and staff training to obligate PRC
dollars in a timely manner.
I know this Subcommittee held a legislative hearing on the
Purchased and Referred Care Improvement Act for 2024. I am
committed to the work with the Subcommittee and drafters of
that legislation to improve and streamline the PRC program.
Building on the work plan, our 2024 work plan outlined
steps IHS is taking to address priorities, as well as mitigate
risk. The agency work plan addresses a wide range of issues,
including patient safety, human capital, operations, finance,
and compliance. The work builds on our efforts to meet the GAO
high-risk list and removal of the high-risk list for the Indian
Health Service.
With Congress' support, the IHS budget has grown by 69
percent in the last decade. We know that this type of growth is
challenging to accomplish in this constrained discretional
funding environment. Over the years, the work with our tribal
and urban partners underscores our shared goal to improve
health outcomes for all American Indians and Alaska Natives. It
is with this shared goal in mind that the Administration
approached the 2025 budget request for the Indian Health
Service.
We know that, despite our shared goals and shared efforts,
IHS is still underfunded, which I believe that Chair Hageman
and the Ranking Member have mentioned before. This underfunding
of the Indian Health Service system directly contributes to the
stark health disparities in tribal communities. For example,
the life expectancy of American Indians and Alaska Natives born
today is 9.9 years less than all American races.
Long-standing health disparities were also compounded by
the pandemic, with American Indians and Alaska Natives
experiencing disproportionate rates of COVID-19 infections,
hospitalizations, and death. That is why the budget proposes to
build on the enactment of advanced appropriations by funding
the IHS as discretionary in 2025, and then, beginning in 2026,
the budget would make funding for IHS mandatory.
As we work towards securing stable, predictable, and
adequate funding to meet the needs of Indian Country, we are
committed to working closely with our stakeholders.
Thank you for the opportunity to speak with you today, and
I am happy to answer any questions.
[The prepared statement of Ms. Tso follows:]
Prepared Statement of Roselyn Tso, Director, Indian Health Service,
Department of Health and Human Services
Good afternoon Chairman Hageman, Ranking Member Leger Fernandez,
and Members of the Subcommittee. Thank you for your support and for
inviting me to speak with you about the President's Fiscal Year (FY)
2025 Budget Request for the IHS.
The Indian Health Service (IHS) is an agency within the Department
of Health and Human Services (HHS) and our mission is to raise the
physical, mental, social, and spiritual health of American Indians and
Alaska Natives (AI/ANs) to the highest level. This mission is carried
out in partnership with AI/AN Tribal communities through a network of
over 600 Federal and Tribal health facilities and 41 Urban Indian
Organizations (UIOs) that are located across 37 states and provide
health care services to approximately 2.8 million AI/AN people
annually.
On March 11, 2024, the White House released the President's FY 2025
Budget, which builds on the historic enactment of advance
appropriations for the IHS by taking a two-pronged approach. In FY
2025, the Budget proposes to fund all IHS accounts (other than the
Special Diabetes Program for Indians) as discretionary, building on the
advance appropriations already enacted. Beginning in FY 2026, the
Budget would make all funding for IHS mandatory. The action taken in
the FY 2025 President's Budget demonstrates the Administration's
continued commitment to strengthening the nation-to-nation
relationship. This historic proposal addresses long-standing challenges
that have impacted communities across Indian Country for decades.
---------------------------------------------------------------------------
\1\ Government Accountability Office Report--Indian Health Service:
Spending Levels and Characteristics of IHS and Three Other Federal
Health Care Programs, https://www.gao.gov/assets/gao-19-74r.pdf
---------------------------------------------------------------------------
The Indian Health system is chronically underfunded compared to
other healthcare systems in the U.S.1,2 Despite substantial
growth in the IHS discretionary budget over the last decade, 69 percent
from FY 2013 to the current FY 2024 enacted level, the growth has not
been sufficient to address the well documented funding gaps in Indian
Country. These deficiencies directly contribute to stark health
disparities faced by tribal communities. AI/ANs born today have an
average life expectancy that is 10.9 years fewer than the U.S. all-
races population.
---------------------------------------------------------------------------
\2\ U.S. Commission on Civil Rights Report--Broken Promises:
Continuing Federal Funding Shortfall for Native Americans, https://
www.usccr.gov/files/pubs/2018/12-20-Broken-Promises.pdf
---------------------------------------------------------------------------
AI/AN life expectancy dropped from an estimated 71.8 years in 2019
to 65.2 years in 2021--the same life expectancy as the general United
States population in 1944.\3\ They experience disproportionate rates of
mortality from most major health issues, including chronic liver
disease and cirrhosis, diabetes, unintentional injuries, assault and
homicide, and suicide. AI/AN people also have higher rates of
colorectal, kidney, liver, lung, and stomach cancers than non-Hispanic
White people.\4\ The pandemic compounded the impact of these
disparities in tribal communities, with AI/ANs experiencing
disproportionate rates of COVID-19 infection, hospitalization, and
death.
---------------------------------------------------------------------------
\3\ Centers for Disease Control and Prevention (CDC) Report--Life
Expectancy in the U.S. Dropped for the Second Year in a Row in 2021,
https://www.cdc.gov/nchs/pressroom/nchs_press_releases/2022/
20220831.htm#::text=AIAN%20people%20had%20a%20life,total%20
U.S.%20population%20in%201944
\4\ CDC--Cancer Within American Indian and Alaska Native (AI/AN)
Populations, https://www.cdc.gov/healthytribes/native-american-
cancer.html
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Leadership Priorities
In January, the IHS implemented the 2024 Agency Work plan \5\ and
closed out the 2023 plan. The 2023 Agency Work Plan produced remarkable
achievements across the Agency, including implementing the Total System
Safety Strategy, the IHS Patient Safety Policy in November 2023 to
support system level safety for the IHS workforce and patients, and
improvements to the Purchased/Referred Care (PRC) program, such as new
medical priority levels, a financial monitoring tool, and staff
training to obligate PRC funding in a timely way.
---------------------------------------------------------------------------
\5\ Indian Health Service--FY 2024 Agency Work Plan, https://
www.ihs.gov/sites/newsroom/themes/responsive2017/display_objects/
documents/factsheets/2024_Agency_Work_Plan_ Update.pdf
---------------------------------------------------------------------------
The 2024 Agency Work Plan outlines steps the IHS is taking to
address priorities as well as mitigate risks. The plan details critical
actions that will ensure safe, quality, and patient-centered care, as
well as improve IHS operations and communication. The IHS will achieve
these goals through rigorous management and oversight of resources to
ensure the health care needs of AI/ANs are met. The 2024 Agency Work
Plan also includes actions that are necessary to meet the U.S.
Government Accountability Office's criteria for being removed from
their high-risk list.\6\
---------------------------------------------------------------------------
\6\ Government Accountability Office--Key Practices to Successfully
Address High-Risk Areas and Remove Them from the List, https://
www.gao.gov/products/gao-22-105184
---------------------------------------------------------------------------
As I travel across Indian Country, I see the consequences of
decades-long underfunding of the Indian health system. I see the
promise of what could be accomplished with appropriate funding for the
IHS in the achievements of IHS-operated hospitals and health clinics,
Tribal Health Programs, and Urban Indian Organizations, despite
resource limitations. I also see the immediate impact of predictable
and timely funding through advance appropriations, including the IHS's
fastest-ever distribution of annually appropriated funds and the
continued focus on patient care uninterrupted by delays or potential
lapses in appropriations. The FY 2025 President's Budget moves the
federal government closer to meeting its responsibilities to Indian
Country than ever before.
Advance Appropriations and Long-Term Funding Solutions
The FY 2025 President's Budget builds on the historic enactment of
advance appropriations. For FY 2025, the Budget includes $8.2 billion
in total funding for the IHS, which includes $8.0 billion in
discretionary funding, and $260 million in proposed mandatory funding
for the Special Diabetes Program for Indians. This is an increase of
$1.1 billion above the FY 2024 Enacted level.
Advance appropriations represent an important step towards securing
stable and predictable funding to improve the overall health status of
AI/ANs and ensuring that the disproportionate impacts experienced by
tribal communities during government shutdowns and continuing
resolutions are never repeated. While the progress achieved through the
enactment of advance appropriations will have a lasting impact on
Indian Country, funding growth beyond what can be accomplished through
discretionary spending is needed to fulfill the federal government's
commitments to AI/AN communities. Funding for IHS has grown
substantially in the last decade, but this growth is not sufficient to
address the historic underinvestment and persistent health disparities
in AI/AN communities.
The Budget proposes to fully shift the IHS budget to mandatory
funding in FY 2026. Under the mandatory proposal, IHS funding would
grow automatically to address the growing cost of providing direct
health care services, including pay costs, medical and non-medical
inflation, population growth, key operational needs, and existing
backlogs in both healthcare services and facilities infrastructure.
This mandatory formula culminates in a total funding level of
approximately $42 billion in FY 2034. In total, the mandatory formula
would provide approximately $289 billion for the IHS over the budget
window. When accounting for the discretionary baseline, the net cost of
the proposal is approximately $208 billion over the budget window.
The Administration continues to support mandatory funding for IHS
as the most appropriate long-term funding solution for the agency and
will continue to work collaboratively with tribes and Congress to move
toward sustainable mandatory funding. Until this solution is enacted,
it is critical that Congress continue to provide advance appropriations
for IHS through the discretionary appropriations process to ensure
funding for healthcare services and facilities activities are not
disrupted.
Mandatory funding for the IHS provides the opportunity for
significant funding increases that would be difficult to achieve within
the limitations of the discretionary appropriations process. Further,
this mandatory funding proposal would ensure greater predictability
that would allow IHS, tribal, and urban Indian health programs the
opportunity for long-term and strategic planning. This increased
stability and ability to conduct longer-term planning will improve the
quality of healthcare, promote recruitment and retention of health
professionals, and enhance management efficiencies for individual
health programs and the Indian Health system at large. The request also
responds to the long-standing recommendations of tribal leaders shared
in consultation with HHS and IHS to make IHS funding mandatory.
The Budget also exempts all IHS funding from sequestration, which
is the legislatively mandated process of budget control consisting of
automatic, across-the-board spending reductions to enforce budget
targets to limit federal spending. Exempting the IHS budget from
sequestration ensures funding for direct health care services for AI/
ANs is not reduced and is consistent with the treatment of other
critical programs such as veterans' health care benefits.
Lastly, the Budget proposes to reauthorize mandatory funding for
the Special Diabetes Program for Indians and increase funding to $260
million in FY 2025 and $270 million in FY 2026. This program has proven
to be effective at reducing the prevalence of diabetes among AI/AN
adults.\7\ Potential net savings to Medicare due to averted cases of
diabetes-related end-stage renal disease were estimated to be up to
$520 million over 10 years.\8\ The budget's proposed increases will
enable the program to expand to additional grantees and allow local
recipients to plan for larger and longer-term interventions more
effectively.
---------------------------------------------------------------------------
\7\ British Medical Journal--Prevalence of diagnosed diabetes in
American Indian and Alaska Native adults, 2006-2017, https://
drc.bmj.com/content/8/1/e001218
\8\ HHS Assistant Secretary for Planning and Evaluation Issue
Brief--The Special Diabetes Program for Indians Estimates of Medicare
Savings, https://aspe.hhs.gov/sites/default/files/private/pdf/261741/
SDPI_Paper_Final.pdf
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Prioritizing High Quality Health Care
The Budget prioritizes investments that advance high quality health
care and tackle the stark healthcare inequities 2.8 million Americans
in the country who are AI/AN face every day.
In FY 2025, the Budget provides $345 million to offset the rising
costs of providing direct health care services. These resources will
help the IHS to maintain medical care levels and address increasing
costs affecting the operating budgets of IHS, Tribal, and urban Indian
health programs.
Similarly, the Budget includes $153 million to fully fund staffing
and operating costs at ten newly-constructed or expanded health care
facilities opening in FY 2024 and FY 2025.\9\ These funds will expand
the availability of direct health care services in areas where existing
health care capacity is overextended. Beginning in FY 2026, the
mandatory funding formula fully funds current services and staffing and
operating costs for newly opening facilities in the out-years, which
ensure that health care services are maintained and/or expanded.
---------------------------------------------------------------------------
\9\ As the budget was developed before Congress completed action on
full year FY 2024 appropriations, the request includes $61 million to
fully-fund staffing costs of 7 new or expanded facilities eligible for
funds in FY 2024. Congress provided this funding in the FY 2024
Omnibus, so this funding would become recurring and these increases
would not need to be provided again in FY 2025.
---------------------------------------------------------------------------
In FY 2025, the Budget also makes targeted investments to address
our Nation's most pressing public health challenges, which
disproportionately impact AI/AN communities, including an additional
$10 million to address HIV, Hepatitis C, and sexually transmitted
infections and an additional $10 million to address opioid use in
Indian Country.
The Budget also makes numerous investments in high priority areas,
such as the expansion of the successful National Community Health Aide
Program and other activities that support high quality health care.
Likewise, from FY 2026 to FY 2030, the Budget requests an
additional $11.6 billion in mandatory funding for the Indian Health
Care Improvement Fund to address the funding gap for direct healthcare
services documented in the FY 2018 level of need funded analysis.\10\
The Budget would continue growth for direct services once the 2018 gap
is addressed. This funding would be distributed using the Indian Health
Care Improvement Fund formula. The formula targets appropriations to
the sites with the greatest need, as compared to the benchmark of
National Health Expenditure Data, which is maintained by the Centers
for Medicare and Medicaid Services. The formula is the product of long-
standing consultation with Tribes.
---------------------------------------------------------------------------
\10\ Indian Health Service--FY 2018 Indian Health Care Improvement
Fund Workgroup Interim Report, https://www.ihs.gov/sites/ihcif/themes/
responsive2017/display_objects/documents/2018/
2018_IHCIF_WorkgroupInterimReport.pdf
---------------------------------------------------------------------------
The Budget also prevents a sharp reduction in services by providing
an additional $220 million in mandatory funding in FY 2026 to partially
sustain the one-time American Rescue Plan Act investments that were
appropriated to expand access to mental health and substance abuse
prevention and treatment services, and to expand the public health
workforce in Indian Country.
Lastly, the Budget proposes dedicated funding to address
disparities in cancer rates and mortality among AI/ANs, providing $108
million in mandatory funding in FY 2026 for the Biden Cancer Moonshot
Initiative. Through this initiative, the IHS would develop a
coordinated public health and clinical cancer prevention program to
implement best practices and prevention strategies to address incidence
of cancer and mortality among AI/ANs.
Modernizing Critical Infrastructure
In addition to funding for direct health care services, additional
investments are needed to address substantial deficiencies in physical
and information technology infrastructure across the IHS system.
Outdated infrastructure poses challenges in safely providing patient
care, recruiting and retaining staff, and meeting accreditation
standards. The Budget includes critical funding increases to reduce or
eliminate existing facilities' backlogs and modernize the IHS
Electronic Health Record (EHR) through implementation of a new system.
The current IHS EHR is over 40 years old, and the GAO identifies it
as one of the 10 most critical federal legacy systems in need of
modernization.\11\ The IHS relies on its EHR for all aspects of patient
care including the patient record, prescriptions, care referrals, and
billing public and private insurance for over $1 billion reimbursable
health care services annually. As a result of EHR modernization,
patients and staff can expect improved patient safety, improved patient
outcomes, better disease management, enhanced population health,
improved clinical quality measures, opioid tracking, patient data
exchange, third party revenue generation, and agency performance
reporting, among others. Additionally, the new system will be
interoperable with the Department of Veterans Affairs, Department of
Defense, tribal and urban Indian health programs, academic affiliates,
and community partners, many of whom use different health information
technology platforms.
---------------------------------------------------------------------------
\11\ GAO-21-524T, INFORMATION TECHNOLOGY: Agencies Need to Develop
and Implement Modernization Plans for Critical Legacy Systems, https://
www.gao.gov/assets/gao-21-524t.pdf
---------------------------------------------------------------------------
In FY 2025, the Budget provides $435 million in discretionary
funding for EHR modernization, an increase of +$245 million above 2024
Enacted to support licensing, hosting, training, site remediation,
implementation, and support costs to implement a modernized system. The
Budget then builds funding for EHR by adding $1.3 billion in mandatory
funding each year from FY 2026-FY 2030 to fully fund the modernization
effort. Once the EHR modernization effort is fully funded, the Budget
maintains sufficient resources for ongoing operations and maintenance
of the new system.
The Indian health system also faces substantial physical
infrastructure challenges--IHS hospitals are approximately 39 years old
on average, which is over three times the average age of hospitals in
the United States. Infrastructure deficiencies directly contribute to
poorer health outcomes for AI/ANs and limit services that can be
provided. Starting in FY 2026, the Budget addresses these needs by
fully funding the 1993 Health Care Facilities Construction Priority
List over 5 years. The remaining projects on the list include the
Phoenix Indian Medical Center, Phoenix, AZ; Whiteriver Hospital,
Whiteriver, AZ; Gallup Indian Medical Center, Gallup, NM; Albuquerque
West Health Center, Albuquerque, NM; Albuquerque Central Health Center,
Albuquerque, NM; Sells Health Center, Sells, AZ; Alamo Heath Center,
Alamo, NM; Bodaway Gap Health Center, The Gap AZ; and Pueblo Pintado
Health Center, Pueblo Pintado, NM.
Furthermore, the Budget includes an additional $454 million in
mandatory funding over two years, from FY 2026 to FY 2027, to fully
fund the medical equipment backlog. Many IHS hospital administrators
report that old or inadequate physical environments challenged their
ability to provide quality care and maintain compliance with the
Medicare Hospital Conditions of Participation. The administrators also
report that aging buildings and equipment is a major challenge
impacting recruitment and retention of clinicians.
Maintaining reliable and efficient buildings is also a challenge as
existing health care facilities age and the costs to operate and
properly maintain health care facilities increases. Many IHS and Tribal
health care facilities are operating at or beyond capacity and their
designs are not efficient in the context of modern health care
delivery. The Budget tackles this challenge by fully funding the 2023
Backlog of Essential Maintenance, Alteration, and Repair for IHS and
Tribal facilities of $2.0 billion over two years, from FY 2026 to FY
2027.
The mandatory budget ensures that these facilities investments can
be rapidly addressed by providing sufficient administrative support
increases. Specifically, the Budget increases the Facilities and
Environmental Health Support funding to account for the growth in
Health Care Facilities Construction and Sanitation Facilities
Construction (SFC). This ensures adequate staff to properly oversee and
implement facilities projects, as well as a comprehensive environmental
health program within IHS.
Beginning in FY 2027, the Budget provides an additional $250
million to address operation and maintenance costs for sanitation
facilities projects, addressing long-standing recommendations from
Tribes. In addition, the Budget dedicates $10 million in mandatory
funding to support a nation-wide analysis to understand the cost
implications of implementing Section 302 of the Indian Health Care
Improvement Act (25 U.S.C. 1632), which authorizes funding for
operations and maintenance costs for tribes who choose to directly
complete their own SFC projects. The results of this analysis will be
used and implemented as part of the updated mandatory formula
structure. These funds would be used by IHS and tribes to ensure that
existing SFC projects are reaching their maximum life-cycle and
operations of these projects are sustainable for as long as possible.
Supporting Self-Determination
IHS continues to support the self-determination of tribes to
operate their own health programs. Tribal leaders and members are best
positioned to understand the priorities and needs of their local
communities. The amount of the IHS budget that is administered directly
by tribes through Indian Self-Determination and Education Assistance
Act contracts and compacts has grown over time, with over 60 percent of
IHS funding currently administered directly by tribes. Tribes design
and manage the delivery of individual and community health services
through 22 hospitals, 330 health centers, 559 ambulatory clinics, 76
health stations, 146 Alaska village clinics, and 7 school health
centers across Indian Country. In recognition of this, the Budget
maintains an indefinite discretionary appropriation for Contract
Support Costs and Section 105(l) lease agreements with estimated
funding levels of $979 million for Contract Support Costs and $349
million for Section 105(l) Lease Agreements in FY 2025. The budget also
includes appropriations language to allow IHS not more than $10 million
for management and oversight activities in each of the CSC and Tribal
Lease Payments indefinite discretionary appropriations. These resources
are critical for providing appropriate technical assistance to tribes,
supporting timely processing of CSC and Section 105(l) lease
agreements, and overseeing these ever-growing programs. Starting in FY
2026, the Budget would provide mandatory, indefinite funding for these
accounts across the 9-year budget window to ensure these payments to
tribes are fully funded.
Future Emergency Preparedness
Throughout the COVID-19 pandemic, the IHS made incredible
achievements to save lives and improve the health of AI/ANs across the
nation. The IHS worked closely with our Tribal and Urban Indian
Organization partners, state and local public health officials, and our
fellow Federal agencies to coordinate a comprehensive public health
response to the pandemic. Our number one priority has been the safety
of our IHS patients and staff, as well as Tribal community members.
COVID-19 has disproportionally impacted AI/ANs. Deficiencies in
public health infrastructure exacerbated the impact of COVID-19 on AI/
ANs. To address the long-term impacts of COVID-19, in FY 2026 the
Budget provides an additional $130 million in mandatory funding to
support IHS patients in recovery from the long-lasting effects of the
COVID-19 pandemic, including treatment for long haul COVID-19. Based on
data from 14 states, age-adjusted COVID-19 associated mortality among
AI/AN was 1.8 times that of non-Hispanic Whites.\12\ In 23 states with
adequate race and ethnicity data, the cumulative incidence of
laboratory-confirmed COVID-19 among AI/AN was 3.5 times that of non-
Hispanic Whites. In the state of Montana, COVID-19 incidence and
mortality rates among AI/AN were 2.2 and 3.8 times those among White
persons, respectively.
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\12\ CDC--COVID-19 Mortality Among American Indian and Alaska
Native Persons--14 States, January-June 2020, https://www.cdc.gov/mmwr/
volumes/69/wr/mm6949a3.htm#::text=Based%
20on%20data%20from%2014,persons%20aged%2020%E2%80%9349%20years
---------------------------------------------------------------------------
Beginning in FY 2026, the Budget also establishes a new dedicated
funding stream to address public health capacity and infrastructure
needs in Indian Country. This funding will support an innovative hub-
and-spoke model to address local public health needs in partnership
with tribes and urban Indian organizations. Establishing a new program
to build public health capacity is a key lesson learned from the COVID-
19 pandemic, and a top recommendation shared by tribal leaders in
consultation with HHS. This includes $150 million in FY 2026, and would
grow for inflation in the out-years under the formula, for a total of
$500 million over nine years.
These resources are necessary to develop appropriate public health
and emergency preparedness capacity in AI/AN communities to prevent
these disproportionate impacts in the future. Tribes do not receive
dedicated public health funding from the Federal government, and the
IHS does not currently have sufficient funding to support ongoing
public health and emergency preparedness infrastructure. As of 2021,
only four tribal public health agencies are accredited through the
Public Health Accreditation Board. Comparatively, 40 State and 305
local public health agencies were accredited as of 2021.\13\ The
proposal complements the Budget's proposed investments in public health
readiness and pandemic preparedness by ensuring IHS and Tribal
communities have comparable resources to prepare for the next pandemic.
---------------------------------------------------------------------------
\13\ Office of Disease Prevention and Health Promotion--Increase
the number of tribal public health agencies that are accredited,
https://health.gov/healthypeople/objectives-and-data/browse-objectives/
public-health-infrastructure/increase-number-tribal-public-health-
agencies-are-accredited-phi-03/data
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Legislative Proposals
In addition to proposed investments to ensure IHS has adequate
operational capacity, the budget also includes several legislative
proposals that would provide IHS with critical new or expanded
authorities to address operational issues. Many of these proposals seek
to enhance the agency's ability to recruit and retain healthcare
providers, and provide parity with other federal agencies to increase
IHS' competitiveness when hiring for key positions. The IHS, as a rural
health care provider, experiences difficulty recruiting and retaining
health care professionals, physicians and other primary care clinicians
in particular. Staffing shortages are particularly prevalent in the
behavioral and mental health fields, which has only exacerbated the
concurrent substance use crisis and suicide crisis that tribes across
the country are facing in their communities. Workforce challenges--and
the impacts on care that come with them--are one of the top concerns
raised to the Department by tribes. The proposed legislative changes
would: 1) Extend Title 38 personnel authorities, to enable IHS to offer
specialized pay and benefits for health providers; 2) Provide tax
exemption for recipients of IHS scholarship and loan repayment
benefits, and allow these recipients to meet their service obligations
on a half-time basis; 3) Enable IHS to fulfill mission-critical
emergency hiring needs; 4) Provide IHS authority to hire and pay
experts and consultants; 5) Enable IHS to provide on-call pay to its
healthcare providers; and 6) Enable U.S. Public Health Service
Commissioned Corps officers to be detailed to Urban Indian
Organizations.
Closing
The FY 2025 Budget makes critical strides toward the goal of
ensuring stable and predictable funding to improve the overall health
status of AI/ANs. The Budget is a historic step and a continuation of
an ongoing conversation with tribes to ensure the IHS system is meeting
the healthcare needs in Indian Country. HHS looks forward to working in
consultation with tribes, urban Indian organizations, and Congress to
refine the FY 2026 mandatory proposal through the legislative process
to strengthen the Nation-to-Nation relationship.
______
Questions Submitted for the Record to the Hon. Roselyn Tso, Director--
Indian Health Service, U.S. Department of Health and Human Services
The Honorable Roselyn Tso did not submit responses to the Committee by
the appropriate deadline for inclusion in the printed record.
Questions Submitted by Representative Westerman
Question 1. Your written statement stated the need for a modernized
Electronic Health Record at the Indian Health Service. Can you provide
further details on the ongoing modernization effort, and what further
steps are needed for full implementation?
Question 2. Can you provide further information on the 2024 IHS
Agency Work Plan, specifically discussing how the 2024 Plan's goals
align with the actions IHS needs to take to meet the criteria set forth
by GAO to remove the IHS from GAO's High-Risk List?
Question 3. The 1993 Priority List for the IHS construction
projects has not been completed. Why has it taken over 30 years to
finish this priority list?
3a) Besides funding, what other considerations have impacted the
delay in the completion of the list?
3b) After the 1993 Priority List is completed, how will the IHS
decide on new facility construction priorities? And how will the delays
in the finalization of the 1993 Priority List impact the way the IHS
moves forward this time?
Question 4. Your written testimony stated that the IHS is working
on to improve the Purchased and Referred Care program and obligate
these funds in a timely manner.
4a) Can you provide the Committee with the total number of PRC
funds carried over from the last fiscal year for all regions? And is
the amount carried over been more or less compared to fiscal year 2022?
4b) What additional improvements to the PRC program is the agency
working towards this fiscal year, particularly to ensure PRC funds are
used in a timely manner?
Question 5. The Subcommittee has heard concerns surrounding the
recruitment and retention of healthcare workers at IHS facilities,
especially in rural America.
5a) What is the current vacancy rate, service-wide, for health care
workers in federally managed health units?
5b) How does this compare to tribally run health units?
5c) What is the average timeline from job announcement to
onboarding for a new hire? And what process barriers should be
addressed to ensure timely hiring of healthcare workers?
Questions Submitted by Representative Grijalva
Question 1. One of the principles underlying IHS's budget
justification is recruiting and retaining health care professionals.
1a) Could you elaborate on the declining medical employee and
trainee recruitment and retention rates within IHS facilities and what
factors contribute to poor recruitment and retention rates?
1b) Please expand on how lack of funding for the housing for
medical professionals is affecting Indian Country, especially in rural
tribal areas?
1c) What strategies is IHS implementing to address recruitment
issues and to promote staff retention?
Question 2. This year's budget request includes an additional $10.3
billion across 9 years to address Health Care Facilities Construction
needs, including fully funding the remaining projects on the 1993
Health Care Facilities Construction Priority List.
2a) Could you provide the Committee with the number of projects
remaining on this list, their status, and the cost needed to complete
them?
2b) How does the status of this list constrained IHS' healthcare
facilities?
2c) How does the limited capacity issue affect IHS' patient
population relying upon those facilities?
2d) After the completion of all priority construction projects,
what will be the next steps for IHS? Does IHS have a plan of action for
other facilities construction?
Question 3. The Special Diabetes Program for Indians has been
instrumental in addressing the diabetes epidemic in Indian Country. The
FY2025 budget request includes $260 million in proposed mandatory
funding for the Special Diabetes Program for Indians and two proposals
to exempt the program from mandatory sequester and reauthorization for
the program.
3a) Could you briefly expand on the impact this program has had on
addressing diabetes in tribal communities?
3b) Why is it so important to exempt the program from mandatory
sequesters?
3c) What are the future ramifications to the health and well-being
of tribal communities if the Special Diabetes Program is not
reauthorized?
Question 4. The Bipartisan Infrastructure Law (Public Law 117-58)
and provided $3.5 billion for IHS through FY2022 and FY2026 for the IHS
Sanitation Facilities Construction Program and the FY 2025 budget
submission for Sanitation Facilities Construction is $200 million.
4a) Could you briefly explain the importance of this program and
how it contributes to money saved down the line in patient care?
______
Mrs. Radewagen. I thank the witness for their testimony.
The Chair will now recognize Members for 5 minutes for
questions, and I will begin by recognizing myself.
Secretary Newland, the President's Fiscal Year 2025 budget
calls for an approximately $26 million increase for critical
trust, natural resource activities, and investing in climate
resilience and environmental justice. Does the Biden
administration only support tribes who invest in so-called
green energy, while punishing tribes who know how to balance
the development of natural resources and conservation?
Mr. Newland. Thank you for the question, Madam Chair. We
are proud of the investments we are making in climate
resilience and in tribal communities. We have invested more
than $100 million in efforts this year alone through the
Bipartisan Infrastructure Law and Inflation Reduction Act to
help more than 100 tribes across the country prepare for the
challenges and deal with the threats that they are facing now
as a result of climate change.
But with respect to energy development, I want to make sure
that I get into the record some important facts here about the
work that the Department is doing across Indian Country. Since
the beginning of 2021, the Department and the Bureau of Indian
Affairs has approved six renewable energy leases on tribal
lands. In that same time frame, the Bureau of Indian Affairs
has approved 565 so-called conventional energy development
leases on Indian lands across Indian Country. So, I think,
Madam Chair, the notion that the Department is picking winners
and losers when it comes to resource development in Indian
Country doesn't match the facts.
And what we are trying to do is make sure that we are being
supportive of tribes in developing their energy resources in
the manner they choose, whether they are conventional energy
resources or renewable energy resources, and trying to make
sure that our activities and our investments are matching what
tribes are asking us to do.
Mrs. Radewagen. As previously discussed in this Committee
at multiple hearings, several tribal members are in fear of
testifying in front of Congress due to retaliation efforts by
criminal drug cartels who have invaded tribal lands. These
cartels have run rampant across Indian Country, particularly in
the northwestern region of the United States.
Can you discuss the interagency coordination that BIA is
involved in to tackle the human and drug trafficking in Indian
Country?
Mr. Newland. Thank you, Madam Chair. It is very clear in my
conversations with tribal leaders, and I have seen some of the
tribal leader testimony in front of this Subcommittee, that
many communities are facing challenges when it comes to drug
trafficking and public safety in Indian Country, and that is
why we have proposed such a significant increase in public
safety and justice funding.
When it comes to drug enforcement in particular, the Bureau
of Indian Affairs has a division within our law enforcement
agency called the Division of Drug Enforcement, and they
coordinate with tribal law enforcement agencies, as well as
other bureau law enforcement within the Department of the
Interior on drug enforcement. And just in 2023, for example,
just within the Division of Drug Enforcement, their work in
Indian Country has led to the seizure of more than 33,000 grams
of fentanyl across Indian Country, and almost 500,000 pill-form
pills in fentanyl across Indian Country. That is a dramatic
increase over what we saw just 5 and 6 years ago from the
Bureau of Indian Affairs law enforcement.
So, there is no doubt, Madam Chair, that this is a
challenge that tribal communities are facing. We are doing our
best with the resources we have to coordinate with other law
enforcement agencies, including tribal law enforcement, to
address drug trafficking in Indian Country. And I believe, with
the President's budget request, we are going to continue to
strengthen our ability to respond.
Mrs. Radewagen. Thank you.
Secretary Cantor, on March 6, 2024, Congress passed
legislation that renewed the Compacts of Free Association with
the Republic of Palau, Republic of the Marshall Islands, and
the Federated States of Micronesia. How is the OIA working to
implement the compacts?
Ms. Cantor. Thank you very much for the question, and thank
you for supporting the approval and the enactment of the
compacts, the compact three.
Implementation is well underway. Both the Secretary of
State and the Secretary of the Interior designated their
representatives to the interagency group on the Freely
Associated States, and I would like to report that the group
already had their first meeting about a week ago with a number
of members from the interagency. It was a great, great meeting.
In terms of economic assistance, I can report to the
Committee today that for the FSM in particular we have
completed a transfer of $231 million in USG contributions to
the Compact Trust Fund. Funds that are available right now, we
are awaiting for Palau to draw down $50 million, the
contribution from the United States to the Compact Trust Fund
for Fiscal Year 2024. We are also waiting for Palau to draw
down funds for $10 million, the contribution of the U.S.
Government for the Palau Fiscal Consolidation Fund. And today,
on May 8, we are going to be transferring $191 million to the
RMI Compact Trust Fund.
So, everything, like I said, is going really well,
considering that the amendment was just approved less than a
month ago.
So, thank you so much for the question.
Mrs. Radewagen. I would now like to recognize the Ranking
Member for her questions.
Ms. Leger Fernandez. Thank you so very much.
Director Tso, you have in your written testimony the
importance of addressing behavioral health, mental health. We
just heard about the importance of interdicting fentanyl, and
how the BIA in working with other Federal agencies has
significantly, those were important numbers.
I would like you to get us the numbers that you just talked
about, Assistant Secretary.
But I think it is really important, you didn't have time to
go into that in your opening. Can you just tell us a little bit
more about why that is so key?
And then I want to do a follow-up with regards to
telehealth services regarding that.
Ms. Tso. Thank you very much for the question. So, two
things I would like to identify in response to that.
One, in health care we are really looking at those social
determinants of health. So, it is not just a person coming in
for care and addressing that particular matter, it is all of
that, what that person might be dealing with. And in this case,
again, the need for mental health and behavioral health is just
first and foremost for Indian Country.
When I look across IHS, while a majority of these programs
are contracted and compacted by tribes, there is still not a
sufficient amount of funds there. Just yesterday, I was talking
with a tribal leader that is trying to figure out in their
tribal communities, housing is a huge issue, for example. So,
there is no way to address the housing issues that we have as a
result of substance use, or fentanyl, or the challenges that we
have, so these homes are no longer livable. So, how do we
address that issue so we can then look at the health part of
that?
The part that we are looking at is far more than how do we
do the care that we need to do? We are talking about
transportation across Indian Country in terms of getting our
people into the care that they need. So, the needs are
significant.
And as I look into this more, I look across over at the
Veterans Administration budget, just to give you an example of
the vast difference there. They have close to $14 billion for
mental health to address mental health for our precious
veterans. The Indian Health Service has just under $4 million
to address the needs that we have.
Ms. Leger Fernandez. Thank you, because I am running out of
time, but I think that that is really key.
And you also have suggested legislative changes because one
of the things we really need to do is increase personnel and
find a way to recruit that in. I am very interested in doing
that because that is an issue both in rural America and in
Indian Country.
And as you know, I also think it is very important to make
sure we have telehealth services, which we learned in one of
the Committee hearings we don't. I have some legislation to
address that, as well, because we need to make sure that we get
this health care through all the means.
I want to go to Secretary Newland.
I am pleased to see that you are proposing funding for the
Indian water rights settlement. If we don't fund those, we are
not living up to the commitments we have made. Can you quickly,
because I do have a question for Honorable Cantor, but can you
talk about the importance of fully funding the Indian water
rights settlements that we have already agreed to? These aren't
the ones that we have to get to, these are the ones we have
already agreed to.
Mr. Newland. Thank you, Congresswoman. And I think you
ended on an important point, that Congress has approved and we
have signed into law authorizations for these water
settlements. But that is only half the promise. The other half
is to fulfill those water settlements. And what we have
proposed is a $2.8 billion mandatory funding proposal to fund
those water settlements, and also within the budget we have
included a request for $45 million to begin funding the
Hualapai Tribe's water settlement, which was enacted last year.
So, that $2.8 billion we have proposed would be spent over
10 years; $2.5 billion of that would go to fund enacted water
settlements, as well as water settlements that we have been
working with the Subcommittee on and other Members of Congress
to get enacted.
Ms. Leger Fernandez. Thank you, that is great.
And I am so sorry, Honorable Cantor, that I am not going to
have enough time, but I do recognize that we provided
infrastructure funding, and I think it was very powerful, your
statement that we haven't adjusted it for inflation, not just
for the last several years following the pandemic and Russia's
invasion of Ukraine, where we have seen a lot, but this has
been decades in the making. So, thank you for that.
And I did want to ask about whether you have been able to
advocate for a permanent increase in CIP funding. I will ask
that you perhaps respond to that question in writing, so that
we can make sure we get to that.
And my apologies. We always have so many more questions. We
are so curious about so many things, and not enough time.
With that, I yield back.
Mrs. Radewagen. I will now recognize Mr. Carl for 5 minutes
for questions.
Mr. Carl. Thank you, Madam Chair.
Secretary Newland, I have brought this issue up numerous
times, and it is concerning that the tribal public safety
continues to face significant challenges, to say the least. The
Bureau of Indian Affairs Office of Justice Services shoulders
the responsibility of administrating public safety and justice
programs aimed at funding law enforcement, corrections, and
court services to ensure the safety of the tribal communities.
However, questions have been raised about the OJS's
effectiveness, particularly in combining drug trafficking and
addressing the disproportional rates of violence experienced by
the Native American and Alaskan Native communities. At a recent
Oversight and Investigations Subcommittee hearing, it was
revealed that illegal drug cartels are actively targeting
Indian Country, posing a serious threat to tribal members and
public safety. This highlights the critical need for securing
our borders, including the southern borders, to prevent such
criminal activities from entering vulnerable territories.
Additionally, Native Americans and Alaskan Native adults
suffer from a high victimization rate, with more than four in
five individuals experiencing some form of violence in their
lifetime. This highlights the urgent need for enhancing safety
measures within the tribal community.
Given these developments, how can the Bureau of Indian
Affairs effectively address the challenges of recruiting and
retention within law enforcement to ensure that the increased
funding leads to significant improvements in the tribal public
safety and justice services, especially in the light of the
drug cartel targeting the Indian lands?
Mr. Newland. Thank you, Congressman.
First, I would like to just note that there has been a long
history of criminals who target Indian people in Indian
Country, whether that is sexual assault, other forms of
violence, or drug trafficking. Often because of the
jurisdictional maze that we have built up for law enforcement
in Indian Country, it makes it harder to enforce the law in
Indian Country than it is in other places. Depending on who the
perpetrator is or the victim, a different law enforcement
agency could be responsible for enforcing the law, and this is
not a new problem that we are facing. But the challenges you
have raised are very real, and those are challenges we are
working to address.
One of the things that makes it difficult for our BIA law
enforcement officers serving 34 different tribes is that they
are often overtaxed, where they are working 6, 12-hour shifts
alone, without backup. They often struggle to find housing in
the communities they serve. So, they are either paying too much
for housing or they have to commute a long distance to work.
And these investments, by increasing staffing within the Bureau
of Indian Affairs law enforcement can help our retention just
by getting people back-up so they don't have to work 72 hours a
week on their own.
Mr. Carl. Well, let me ask you this. What kind of
technology are we providing these tribes to use to monitor this
activity? Are we supplying them with drones and the technology
to help that, or is it just everything is done old fashioned,
by cars?
Mr. Newland. Well, I think in a lot of communities,
Congressman, our tribal law enforcement agencies and Bureau of
Indian Affairs officers are dealing with equipment that is beat
up and older than their counterparts in other agencies. And in
a lot of places, their cell phones and their radios might not
even work in these remote areas. So, we have to get our
officers better equipment to help address a lot of these
challenges.
Mr. Carl. Well, we have to address these challenges. And I
think the IT approach is certainly one of them. It works well
at the border, when we use it, for information. And I think the
tribes need it probably worse than anybody, because there are
so many miles they are actually trying to cover with one or two
people. It is unfair for them.
Mr. Newland. Thank you.
Mr. Carl. Thank you, and thank all the Members and speakers
for being here today.
Thank you. I will return my time.
Mrs. Radewagen. The Chair will now recognize Mr. Sablan for
5 minutes for questions.
[Pause.]
Mrs. Radewagen. The Chair will now recognize Ms. Stansbury
for 5 minutes for questions.
Ms. Stansbury. Thank you, Madam Chairwoman.
First of all, I just want to say welcome and thank you to
both of our Assistant Secretaries and to our Director. I
believe that you three and your staff sitting behind you in the
agencies that serve our sovereign nations and tribes, both here
in the United States and in the Pacific, have among the hardest
possible jobs in the Federal Government. So, I want to say
thank you for your service. Thank you for everything that you
do.
Now I am going to ask you some hard questions because we
wouldn't be having a hearing, especially on tribal issues, if I
didn't do that.
Assistant Secretary Newland, I want to start with
education. One of the wonderful things that we have done in New
Mexico is increase teacher pay at the local level across the
state. But unfortunately, our teachers who are serving through
our tribal schools and through our BIE system are not having
pay equity with our local school districts. And it is crucial
that we increase funding for ISEP so that we can have pay
equity. So, I want to ask you very briefly, can you tell me in
this budget increase that BIE is requesting, will that increase
in ISEP help our schools under the BIE and tribal systems
increase teacher salaries?
Mr. Newland. Yes. Thank you, Congresswoman.
Ms. Stansbury. Awesome. Happy Teacher Appreciation Day. If
there is any reason to advocate for an increase in BIE funding,
there it is. We need to pay our teachers an equitable salary.
Secondly, I also want to ask about public safety. We have
numerous issues around BIA public safety issues in New Mexico.
I know you are well aware of the challenges that the Mescalero
Apache are facing down south in New Mexico. We also have a
number of requests from our Pueblos. As you just said, the
issue has been ongoing for decades, probably since the
inception of this program. But how can we increase recruitment
and retention and quality of service in our BIA law
enforcement?
Mr. Newland. Thank you, Congresswoman, and thank you for
your advocacy on these issues.
I actually had the opportunity to meet with leadership from
the Mescalero Apache Tribe yesterday on these issues. And we
discussed a positive development, which is the upcoming
completion of a new jail and detention facility there so they
will not have to send their inmates to distant counties for
jailing.
I have said in this hearing already, Congresswoman, that
simply getting more officers into tribal law enforcement as
well as BIA law enforcement, where we have direct service
responsibilities, will alleviate the pressure that our current
officers face because they are so often working long shifts
alone. And that helps with retention alone.
And one of the other challenges we faced when we began our
work a few years ago was that our BIA law enforcement officers
were not paid on par with their counterparts in other bureaus
at the Department of the Interior, and it is really hard to see
value in your own work when your employer is valuing your
paycheck less than your colleague's. So, we set out to make
sure that that was an easy fix, or easy thing for us to
address, to make sure BIA law enforcement officers, as the
Congressman just said and as you alluded to, they have some of
the toughest jobs in policing. They were paid at least on par
with their colleagues in the rest of the Department of the
Interior to help both with recruitment and retention.
So, these are some of the things that we are working on to
improve there.
Ms. Stansbury. Thank you, Assistant Secretary. And I want
to turn quickly to Director Tso.
Thank you for your service, and I think we face a similar
issue with the Indian Health Service. I hear it every single
day. We don't have enough doctors, enough nurses, enough
clinicians. I have a workforce development bill that I worked
on with IHS and my colleagues in the Native American Caucus.
How can we recruit and retain more talent into the IHS system
and to our tribes that contract for these services?
Ms. Tso. Thank you very much for that question,
Congresswoman.
A number of things that we are doing at the Indian Health
Service is taking some bold steps to make sure that we are
doing everything we can on the retention side. The recruitment
is just as important, but we have to retain the workforce that
we have today. I will give you a couple of examples.
One is that, for example, our doctors that work in the ER,
we have adjusted their schedules to where they can work any 20/
80. Any 20/80 is the hours in a year. So, how do we maximize
that? How do we use that kind of a system to have the provider
work the hours that they can work for us? And then maybe they
want to do something else, and they can have another life,
perhaps, from that. So, we are making adjustments there.
We have also taken steps to do some housing stipends across
Indian Country. Again, we know housing is a challenge for us.
If they have to drive a little bit further, maybe we can help
them with a housing stipend, just some creative things that we
are doing.
We are also looking at the A19s, and making sure that our
scholarships are the same, that there is equity across even HHS
reimbursement for our scholars.
At Indian Health Service, it is taxed. When you go over to
HRSA, they are not taxed. So, just getting those aligned to
where we can have parity across HHS would be helpful.
Ms. Stansbury. Great, thank you.
Thank you, Madam Chairwoman.
And thank you again for your service, and everything you do
for Indian Country and for our islands.
Mrs. Radewagen. The Chair will now recognize Mr. Moylan for
5 minutes for questions.
Mr. Moylan. Thank you, Madam Chair, for holding this
hearing and giving me the chance to speak with Assistant
Secretary Cantor about the upcoming budget for the Office of
Insular Affairs, and exactly how they plan to spend it.
Assistant Secretary Cantor, first I want to express my
thank you for all the visits that you come to Guam and really
working closely with our administration and me, as well. But,
of course, I do have some concerns, and I have expressed
previously my sincere concerns that Guam is not being
adequately reimbursed for the cost of housing of COFA migrants.
With the support of Chairman Westerman, we held a hearing
on my bill, H.R. 6273, the Guam Host Community Compensation
Act. That bill would reinstate compact impact payments, and
require that those COFA migrants imprisoned on Guam be
transferred to the Federal prisons to serve their sentence. We
have a great deal of over-crowdedness in our prison, and this
would have been very helpful.
This is the first time in decades that Guam would not have
access to compact impact reimbursement funds. This is crucial.
The Governor has spoken about this. We have spoken about this,
and it is devastating that we can't supply this. But both I and
the Governor have been assured that the compact impact fairness
would cover our cost of hosting migrants. That is the question
I am going to relate to you.
Secretary Cantor, on Guam there is a lot of skepticism that
CIFA will actually benefit our island. Can you please tell me,
how can CIFA help Guam defray the cost of hosting COFA
migrants? Is there a dollar amount per year you can give me?
Ms. Cantor. Thank you so much for the question, Delegate,
and you are right, we have had a number of conversations about
this topic, including my deputy, the witness a couple of months
ago, and you and him had a conversation about this, as well.
I cannot give you a number. I don't have that. I can tell
you, like we have said in the past, that CIFA is going to
address the issues that are related to the FAS migrants,
citizens that are going not only to Guam and Hawaii, but they
are already in the mainland.
Mr. Moylan. Secretary, thank you, and I understand that
part. And, of course, we welcome the FAS. We are appreciative.
We need this to continue. But the number is important. That is
what I am asking from you. If you can come back to me with that
number, that is what I need to know, please.
And then I would like to move on to the next question,
Secretary Cantor. How does CIFA help offset the public safety
concerns that my constituents have shared with me?
Our Guam police department is being asked to police
thousands of migrants with no financial support from the
Department of the Interior. Will OIA be providing financial
support for them to hire and equip more officers?
Our vehicles are rundown. I visit my police officers. Our
staffing is short. We are having difficulties. It is a constant
occurrence. So, will the OIA provide financial support for them
to hire and equip more officers for Guam?
Ms. Cantor. Delegate, once again, we have offered to meet
with you and members of your staff to discuss CIFA. It is a new
law, and I am offering that again to you. I don't think that we
can discuss this in the next 2 minutes, but it is an important
issue and we are hearing your concerns.
Mr. Moylan. I appreciate that, and we will have the further
discussion. We want to keep this open. We want to resolve this.
We want to do what is right. So, thank you.
A final question. Thank you, Secretary Cantor, for this. It
is related to education. CIFA does not cover any expenditures
from the Guam Department of Education who have thousands of
COFA migrants, children, in their already-over-crowded schools.
Will OIA commit to providing expanded financial and technical
assistance to the Guam Department of Education to help them
make up these major shortfalls in their budget, help us with
our education?
Ms. Cantor. Delegate, you know, all the territories can
apply to our technical assistance programs and maintenance
assistance programs. Once again, this is CIFA-related. I offer
to you a meeting with you and members of your team to continue
this conversation.
Mr. Moylan. I appreciate that. I understand we have $28
million available, and we are going to get to the bottom of
that so we can help at least that part.
I am looking forward to your continuous visits. I am sure
we can get this done. And I appreciate what you do, as well as
the other panel here with you today. Thank you very much.
Thank you, Madam Chair.
Mrs. Radewagen. The Chair will now recognize Mr. Sablan for
5 minutes for questions.
Mr. Sablan. Thank you, Madam Chair. Good afternoon and
welcome to our witnesses. I am going to start with Ms. Cantor.
Last week, I thanked Secretary Haaland, who was here, and I
want to thank you also today for the President's 2025 budget
request that maintains or increases programs vital to the
Northern Marianas and all the insular areas. One of these, the
Energizing Insular Communities program, supports the shared
goal for most of us on both sides of this aisle to reduce
reliance on expensive, foreign oil and increase domestic energy
production. Not only will this program reduce the supply chain
risk that comes with dependence on foreign energy, but it also
holds the potential to cut the cost of electricity for my
constituents. And the President's budget restores the funding
that was cut in the 2024 appropriation. So, again, thank you.
That said, I am not satisfied with the way your office
administers this program. Insular Affairs Director John Brewer
testified here a few weeks ago that the purpose of the
Energizing Insular Communities is to help, underscore help, the
insular areas develop energy strategies. But you see, Public
Law 113-235, authored by former Virgin Islands Representative
Donna Christensen, and I, members of this Committee, clearly
states it is the responsibility of your office to develop and
implement these energy plans.
Of course, it would be useless for your office to develop
plans for the insular areas without consultation or buy-in from
them. But OIA has never accepted that it is primarily your
responsibility to develop these plans and report to Congress on
whether these milestones are being met. And I should know,
because I sponsored the law.
Now, fortunately, in the Marianas and the other insular
areas, I think people understand the risk of dependence on
imported fossil fuels. They understand the economics now favor
alternatives like wind and solar, which we have in abundance,
of course, and we are taking action. But could we make this
transition much faster and much more efficiently? We could make
this if OIA provided the plans and the technical and financial
expertise as Public Law 113-235 directs.
Will you, Madam Secretary, will you commit to follow the
law?
Ms. Cantor. Yes. We commit to following the law always.
Mr. Sablan. All right. Well, you haven't been for several
years now. Madam Secretary, I am asking you to please, this is
really important. People in my district are paying close to
$0.50 an hour for one kilowatt of electricity. It is in the
$0.30, $0.40 range.
Ms. Cantor. Delegate, the law is clear that the insular
area energy plants should reduce reliance on fossil fuel
imports and develop renewable energy sources. The CNMI projects
funded through the EIC----
Mr. Sablan. I understand that, Madam Secretary. Please
excuse me. I am saying the law. Before you give out money, the
plan was to build a plan for energy in the insular areas. You
haven't done that. You have given out grants. I mean, Santa
Claus does that on Christmas. You haven't done that. So, will
you follow the law? Because it is on record, the law as written
by Donna Christensen and I. Will your office follow the law,
please?
Ms. Cantor. Delegate, we follow the law.
Mr. Sablan. All right. Madam Secretary, as you all know,
Mariana's governor, Governor Palacios, recently asked President
Biden for consultations for 902. The Marianas economy has never
recovered from COVID. Last week, one of our crown jewel hotels,
a Hyatt, announced permanent closure. The Governor wants to
talk about direct financial assistance like Congress provides
the Government of American Samoa, and he wants help in reviving
tourism. He needs more skilled labor to put infrastructure
dollars to work.
Can you tell me where the Administration stands on my
governor's request for consultations, and whether you
understand how dire the economic situation is in the Northern
Marianas?
Ms. Cantor. Yes, Delegate. I am aware that Governor
Palacios sent a letter to President Biden. I received a copy of
the letter. Governor Palacios and I actually spoke on the phone
late last week. We are in the process of waiting for the White
House to determine who the representative is going to be for
these consultations. But we know that this is very important to
the CNMI Government.
Mr. Sablan. All right. Thank you, Madam Secretary. Again,
really, thank you for what you do. I am not here to argue with
you, but this thing is not something I bring up just here. It
is every year. And I should know what the law is intending to
do, because Donna and I wrote the law.
Thank you, I yield.
Mrs. Radewagen. The Chair will now recognize Mr. Case for 5
minutes for questions.
Mr. Case. Thank you, Madam Chair.
Ms. Cantor, adding my congratulations for achieving the
compacts, a lot of people had a piece of this. I see Mr. Nakoa
behind you. He was one of many, but he was an important one of
many. And I am only singling him out because he is from Hawaii,
so I feel a special obligation to do that.
But there comes a time at which we have to stop patting
ourselves on the back and get it done. And it was very
gratifying to hear your response to the Chair in terms of the
progress you are already making in terms of, especially, the
interagency working group trying to start to implement it. My
questions are really just further along the lines of actual
implementation, because I think the worst thing we could do at
this point is to get it done and then let it lag. So, a couple
of questions.
First of all, I assume that the interagency working group
is about working through the COFA side of the compacts, really,
trying to get that done. But is there a similar effort, going
to Mr. Moylan's questions, on CIFA to work through the specific
issues that exist both generally with CIFA, in terms of how to
actually turn the Federal bureaucracy to the idea that these
are now Federal obligations to specific concerns that some of
the compact resident communities, principal ones might face,
including Guam and Hawaii?
Do you have some kind of an interagency working group? How
are you coordinating that? What is your schedule to implement
the actual coverage? Do you have to go through a regulatory
process at this point, or can you just turn it on, pretty much?
Ms. Cantor. Congressman, thank you so much for the
question, and also thank you for the support that you gave us
through this process.
And yes, Keone is one of the most valued members of my
team, and I am very happy to know that he is from Hawaii, as
you are.
I guess I mentioned the IAG met for the first time last
week. We have not discussed whether we are going to be
discussing the CIFA issues. We are going to be watching what
happens with CIFA. We do know for a fact that the FEMA benefits
that CIFA residents, CIFA migrants can receive, the ones that
were in Maui last year because of the fires, this was applied
retroactively, and they were able to receive some of those
benefits.
But no, the answer is no, we haven't discussed the CIFA,
but it is a good idea that I am going to take back and discuss
with the other co-chair.
Mr. Case. I think we need an organized plan on implementing
CIFA as soon as possible. It is not quite as easy as it sounds.
I am sure there are going to be a lot of questions. Thank you
so much for the FEMA side of things, that was a very good
development, but there are many other parts of CIFA, so I
wouldn't want that to lag, for sure.
This all happened fairly recently, and I am sure the
President's budget was in development long before we actually
achieved approval of the compacts. But does the President's
budget anticipate needs arising out of COFA in Fiscal Year
2025, or do you have to go back, and CIFA for that matter, or
do you have to go back now and update your numbers for
implementation of COFA and CIFA in Fiscal Year 2025?
Ms. Cantor. We are going to be watching very closely. We
haven't had any conversations yet, but if we do have to go back
and make some adjustments and request some adjustments, we will
do so.
Mr. Case. OK.
Ms. Cantor. Or in 2026.
Mr. Case. Well, I am worried about 2025, because we are
about to mark up those bills. I am on the Appropriations
Committee, and I guess what I don't want to do is get through
an appropriations season in the House and have to scramble
before September 30 on a supplemental basis. Far better to know
what the budget numbers are right now and get it into that
process right now than play catch-up on it. That money has to
last for the remainder of this year and for next year. So, if
there are going to be expenditures that are not anticipated in
the President's budget, we ought to know about them as soon as
possible and get them into the mix. I would make that request
back to you on a multi-agency basis, because it is not just
your department.
Ms. Cantor. Understood.
Mr. Case. I am sorry. And then finally, I would highlight
for you a particular issue that I think needs a little bit of
expeditious implementation, and that is the provisions of the
compacts that basically changed the construct that we follow
for veterans, United States military veterans living in the
compact countries. This is a persistent issue for those
countries. We owe it to those veterans to treat them as any
other veteran. The compact anticipated that those countries
would now be able to provide that service on a reimbursable
basis, and made other changes to really give them far more
equity.
What I am concerned about is that lag. I spoke with two out
of the three presidents on this issue just in the last week,
and they highlighted it to me, I didn't raise it. So, this is a
critical issue for all three countries. I commend that to you
as something that we need to move along, and also the same
question as to the budgeting of that in Fiscal Year 2025, in
particular.
My time is up, but that is an important issue to not let
get away from us.
Ms. Cantor. No, and we are aware that this is a very
important issue, not only for us, but the veterans and the
presidents of the countries. We have been hearing from them, as
well.
Let me tell you that we have been collaborating with the
members of the interagency, trying to figure out how to help
and provide the improved access that they deserve and they have
earned.
Mr. Case. Thank you very much.
Ms. Cantor. Thank you.
Mrs. Radewagen. I thank the witnesses for their 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
these in writing.
Under Committee Rule 3, members of the Committee must
submit questions to the Committee Clerk by 5 p.m. on Monday,
May 13, 2024. The hearing record will be held open for 10
business days for these responses.
If there is no further business, without objection, the
Committee stands adjourned.
[Whereupon, at 3:25 p.m., the Subcommittee was adjourned.]
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