[Senate Report 104-28]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 51
104th Congress                                                   Report
                                 SENATE

 1st Session                                                     104-28
_______________________________________________________________________


 
   TO EXTEND THE AUTHORIZATION FOR CERTAIN PROGRAMS UNDER THE NATIVE 
         AMERICAN PROGRAMS ACT OF 1974, AND FOR OTHER PURPOSES

                                _______


                 April 5, 1995.--Ordered to be printed

_______________________________________________________________________


    Mr. McCain, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 510]
    The Committee on Indian Affair, to which was referred the 
bill (S. 510), to extend the authorization for certain programs 
under the Native American Programs Act of 1974, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment in the nature of a substitute and recommends 
that the bill as amended do pass.

                                Purpose

    The purpose of S. 510, as amended, would amend the Native 
American Programs Act of 1974, P.L. 93-644, (42 U.S.C. 2992d) 
to extend to fiscal year 1999 the authorization of 
appropriations for four grant programs administered by the 
Administration for Native Americans (ANA) within the Department 
of Health and Human Services. The authorization for most of 
these appropriations expires with fiscal year 1995.

                               Background

    S. 510 was introduced on March 7, 1995 by Senators McCain 
and Inouye. Senator Campbell joined as a co-sponsor. The bill 
as introduced would reauthorize two programs within the Native 
American Programs Act of 1974 by extending for 4 years the 
authority for general ANA grant appropriations which would 
otherwise expire in fiscal year 1995, and extending for 3 years 
the authority for ANA tribal environmental quality grant 
appropriations which would otherwise expire in fiscal year 
1996.
    The Committee Substitute Amendment differs from the bill as 
introduced in that it adds provisions reauthorizing two 
additional programs under the Native American Programs Act of 
1974: the Native American Languages Grant Program, which would 
otherwise expire in fiscal year 1997, and the Native Hawaiian 
Revolving Loan Fund program, specific authority for which 
expired in fiscal year 1994. Accordingly, the Substitute 
Amendment would reauthorize four separate programs under the 
Native American Programs Act of 1974 through fiscal year 1999.
    At the Committee's March 22, 1995 hearing, the 
Administration testified in support of reauthorizing the ANA 
grant programs. The Committee requested that the Administration 
provide it with the Administration's specific position on the 
reauthorization of the Native Hawaiian Revolving Loan Fund 
before the Committee's Business Meeting on March 29th. On March 
28th, the Committee received a letter from the Administration 
indicating its specific support for reauthorization of the 
Native Hawaiian loan fund as well as the other provisions 
reauthorized in the Committee's Substitute Amendment. At the 
hearing the Committee also received testimony in support of 
extending the reauthorization of the Native American Languages 
grant program to fiscal year 1999. On March 29, 1995, the 
Committee adopted the Substitute Amendment to S. 510 and 
ordered S. 510 to be favorably reported to the Senate as 
amended with a recommendation that it do pass.
    The President's Budget Request for fiscal year 1996 for 
programs administered by the Administration for Native 
Americans is $38,461,000. For the past several years, the 
appropriations for ANA grants have remained at substantially 
that same level. In fiscal year 1994, ANA provided more than 
200 grants for governance, social and economic development 
projects. It also provided several dozen grants to assist 
tribal recognition efforts, 26 grants for projects assisting 
tribes to meet Federal or other environmental requirements, 18 
grants to support projects assisting the survival of Native 
American languages, and funds to support the Native Hawaiian 
Revolving Loan Fund. The principle category of funding is for 
Social and Economic Development Strategies (SEDS) grants which 
support tribal social and economic development efforts, the 
creation or expansion of business and job opportunities, and 
support for governmental development. Eligible grantees include 
the more than 550 federally-recognized tribes, approximately 60 
tribes that are either State-recognized or are seeking federal 
recognition, and Indian and Alaska Native organizations, Native 
Hawaiian communities, and Native populations throughout the 
Pacific Basin.

                          Other Considerations

    Although the Administration had requested ANA funding for 
fiscal year 1996 at fiscal year 1995 levels, it delayed 
forwarding a bill to the Congress to reauthorize the Act until 
March 28, 1995. The Committee Substitute Amendment 
substantially reflects the Administration's proposed bill.
    Under the rules governing consideration of appropriations 
bills in the House of Representatives, any bill which contains 
an unauthorized appropriation may be subject to a point of 
order. Accordingly, the Committee on Appropriations in the 
House is under pressure to carefully scrutinize every 
appropriation matter and exclude those for which there is no 
authorization. If the continuation of the ANA programs is to be 
assured, S. 510 will need to be enacted before the House and 
Senate take up the fiscal year 1996 Interior and Related 
Agencies appropriations bill in the coming weeks.

                Discussion of Major Provisions of S. 510

    S. 510 would reauthorize the Native American Programs Act 
of 1974 by extending current authority to fiscal year 1999 for 
general ANA grant appropriations, ANA tribal environmental 
quality grant appropriations, Native Languages grants, and the 
Native Hawaiian Revolving Loan Fund program.

                          Legislative History

    S. 510 was introduced on March 7, 1995 by Senator McCain, 
for himself and Senator Inouye, and was referred to the 
Committee on Indian Affairs. Senator Campbell joined as a co-
sponsor on March 9, 1995. The Committee held a hearing to 
receive testimony on S. 510 from the Administration and Indian 
tribes on March 22, 1995 in Washington, D.C.

            Committee Recommendation and Tabulation of Vote

    On March 29, 1995, the Committee on Indian Affairs, in an 
open business session, considered an amendment in the nature of 
a substitute to S. 510 proposed by Chairman McCain. By 
unanimous vote the Committee adopted the Substitute Amendment 
to S. 510 and ordered S. 510 to be favorably reported to the 
Senate as amended with a recommendation that it do pass.
                      Section-by-Section Analysis

  section 1. authorization of certain appropriations under the native 
                     american programs act of 1974

    (a) Section 816.--
          (1) This subsection provides for a four year 
        extension to fiscal year 1999 of the present authority 
        to appropriate such sums as may be necessary for the 
        purpose of carrying out the provisions of the Native 
        American Programs Act of 1974 which do not otherwise 
        have an express authorization of appropriation.
          (2) This subsection provides for a three year 
        extension to fiscal year 1999 of the present authority 
        to appropriate $8,000,000 for the purpose of carrying 
        out the provisions Title 42, Section 2991b(d) of the 
        United States Code relating to grants to improve tribal 
        regulation of environmental quality.
          (3) This subsection strikes a $2 million 
        authorization and provides a two year extension to 
        fiscal year 1999 ``such sums as may be necessary'' for 
        the purpose of carrying out the provisions of Title 42, 
        Section 2991b-3 of the United States Code relating to 
        grants to preserve Native Languages.
    (b) Section 803A(f)(1). This subsection strikes a $1 
million authorization and extends authority to fiscal year 1999 
of ``such sums as may be necessary'' for funds provided to 
carry out the provisions of Title 42, Section 299lb-1 of the 
United States Code relating to grants to support the Native 
Hawaiian Revolving Loan Fund.

                   Cost and Budgetary Considerations

    The cost estimate for S. 510, as amended, as provided by 
the Congressional Budget Office, is set forth below:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 4, 1995.
Hon. John McCain,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 510 as ordered 
reported by the Senate Committee on Indian Affairs on March 29, 
1995.
    Enactment of S. 510 would not affect direct spending or 
receipts. Therefore, pay-as-you-go procedures would not apply 
to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.
               congressional budget office cost estimate

    1. Bill number: S. 510.
    2. Bill title: A bill to extend the authorization for 
certain programs under the Native American Programs Act of 
1974, and for other purposes.
    3. Bill status: As ordered reported by the Senate Committee 
on Indian Affairs on March 29, 1995.
    4. Bill purpose: S. 510 would authorize appropriations for 
certain programs under the Native American Programs Act of 1974 
for fiscal years 1996 through 1999.
    5. Estimated cost to the Federal Government: Some of the 
authorizations in S. 510 are for ``such sums as may be 
necessary.'' For the purpose of this estimate, CBO has 
projected the authorizations and outlays for those programs 
under two different sets of assumptions. In one case, we have 
adjusted the estimated amounts for projected inflation after 
1995. In the other, we have made no allowance for projected 
inflation. The following table summarizes the estimated 
budgetary impact of the bill.

----------------------------------------------------------------------------------------------------------------
                                                   1995       1996       1997       1998       1999       2000  
----------------------------------------------------------------------------------------------------------------
Authorizations under current law:                                                                               
    Estimated authorization level \1\.........         39          8      (\2\)  .........  .........  .........
    Estimated outlays.........................         39         32         10  .........  .........  .........
 ``Such Sums'' Authorizations Projected at the                                                                  
                  1995 Level                                                                                    
Proposed changes:                                                                                               
    Estimated authorization level.............  .........         38         46         47         47  .........
    Estimted outlays..........................  .........          8         35         45         46         36
Authorizations under S. 510:                                                                                    
    Estimated authorization level \1\.........         39         47         47         47         47  .........
    Estimated outlays.........................         39         40         46         45         46         36
   ``Such Sums'' Authorizations Adjusted for                                                                    
                   Inflation                                                                                    
Proposed changes:                                                                                               
    Estimated authorization level.............  .........         39         49         51         52  .........
    Estimated outlays.........................  .........          9         37         48         51         40
Authorizations under S. 510:                                                                                    
    Estimated authorization level.............         39         48         49         51         52  .........
    Estimated outlays \1\.....................         39         41         47         48         51         40
----------------------------------------------------------------------------------------------------------------
Note: Details may not add to totals because of rounding.                                                        
                                                                                                                
\1\ Less than $500,000.                                                                                         
\2\ The amounts shown for 1995 are enacted appropriations.                                                      

    The costs of this bill fall within budget function 500.
    6. Basis of estimate: S. 510 reauthorizes funding for 
Native American programs under the Native American Programs Act 
of 1974 for fiscal years 1996 through 1999. This estimate 
assumes that all authorizations are fully appropriated at the 
beginning of each fiscal year. CBO estimates outlays using 
spending rates computed on the basis of recent program data.
    Most activities authorized by the Native American Programs 
Act of 1974 are currently authorized at such sume as may be 
necessary through fiscal year 1995. Exceptions include: the 
grants to improve tribal regulation of environmental quality, 
which are authorized at $8 million a year through Fiscal year 
1996, though they have never been funded; grants to ensure the 
survival and continuing vitality of Native American languages, 
which are authorized at such sums as may be necessary through 
fiscal year 1997; and the Native Hawaiian Loan Funds, which was 
authorized at $1 million through fiscal year 1994.
    For fiscal year 1995 the Congress provided $38.5 million 
for all Native American programs, and did not allocate the 
funds among the authorized programs. The Department of Health 
and Human Services allocated $1 million for the Native Hawaiian 
Loan Fund, $400,000 for the grants to ensure the survival and 
continuing vitality of Native American languages, and the 
remainder to other Native American programs. Where S. 510 
authorizes such sums as may be necessary, CBO bases its 
estimates on these allocations.
    The bill would authorize appropriations of such sums as may 
be necessary for all of the above activities for fiscal years 
1996 through 1999, except for the grants to improve tribal 
regulation of environmental quality, which would be authorized 
at $8 million per year through 1999. Under the assumption that 
appropriations (other than the $8 million) are increased to 
reflect projected inflation, estimated authorization amounts 
would increase to $48 million in fiscal year 1996, and to $52 
million in fiscal year 1999. If appropriations are not 
increased to reflect projected inflation, estimated 
authorization amounts would be $46 million in fiscal years 1996 
through 1999.
    7. Pay-as-you-go considerations: None.
    8. Estimated cost to State and local governments: None.
    9. Estimate comparison: None.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Dorothy Rosenbaum.
    12. Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.
                      Regulatory Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 510, as 
amended, will have a minimal impact on regulatory or paperwork 
requirements.

                        Executive Communications

    The Committee received two letters from the Department of 
Health and Human Services, which are reprinted below. The first 
provides the views of the Administration on S. 510 as 
introduced. The second provides the views of the Administration 
on a bill similar to the Committee substitute.

                The Secretary of Health and Human Services,
                                    Washington, DC, March 28, 1995.
Hon. John McCain,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: We take this opportunity to express our 
views on S. 510, legislation that would authorize 
appropriations of such sums as necessary for the Native 
American Social and Economic Development Strategies (SEDs) 
Grant Program for four years, through fiscal year 1999.
    We support this legislation. We believe the SEDs program 
plays a vital role in supporting Indian and Native American 
self-determination, emphasizing local control and decision-
making, fostering Tribal and local community responsibility, 
and supporting activities that develop the economic, social and 
governance capacities of Native American communities. In 
addition, we support the continuation of the Native Hawaiian 
Revolving Loan Fund consistent with the President's FY 1996 
Budget.
    The SEDs Program will support the continuation of 
activities which cover a wide range of interrelated social and 
economic development efforts, including the expansion and 
creation of businesses and jobs, youth leadership projects, 
cultural preservation projects, energy and natural resource 
management projects, fish and wildlife preservation projects, 
and governance projects which include the development of new 
and existing Tribal constitutions and by-laws. Therefore, we 
support extension of this important program for Native 
Americans.
    The Office of Management and Budget has advised us that 
there is no objection to the presentation of this report from 
the standpoint of the Administration's program.
            Sincerely,
                                                  Donna E. Shalala.
                                ------                                

                The Secretary of Health and Human Services,
                                    Washington, DC, March 28, 1995.
Hon. Albert Gore, Jr.,
President of the Senate,
Washington, DC.
    Dear Mr. President: Enclosed for the consideration of the 
Congress is a draft bill to extend the authorization of 
appropriations for programs under the Native American Programs 
Act of 1974, and for other purposes.
    The draft bill would authorize appropriations of such sums 
as necessary for the Native American Social and Economic 
Development Strategies (SEDs) Grant Program for four years, 
through fiscal year 1999. The SEDs program supports Indian and 
Native American self-determination, emphasizes local control 
and decision-making, fosters Tribal and local community 
responsibility, and supports activities that develop the 
economic, social and governance capacities of Native American 
communities.
    The draft bill would also establish the Native Hawaiian 
Revolving Loan Fund (NHRLF) as a permanent program and would 
extend the authorization of appropriations for the NHRLF for 
four years, through fiscal year 1999. The NHRLF was established 
as a demonstration project to address under-representation of 
Native Hawaiians in business ownership and inadequate access 
for Native Hawaiians to financing programs. The NHRLF has been 
very successful in promoting economic development activities 
for Native Hawaiians. Permanent establishment and extension of 
this program will enable us to continue to support efforts to 
allow for broader participation of the Native Hawaiian 
community in accessing economic development opportunities.
    We urge that the Congress give the draft bill its prompt 
and favorable consideration.
    The Office of Management and Budget has advised that 
enactment of this legislative proposal would be in accord with 
the program of the President.
            Sincerely,
                                                  Donna E. Shalala.
    Enclosure.
A BILL To extend the authorization of appropriations for programs under 
    the Native American Programs Act of 1974, and for other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled.

SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR NATIVE AMERICAN SOCIAL 
                    AND ECONOMIC DEVELOPMENT STRATEGIES GRANT PROGRAM.

    Section 816(a) of the Native American Programs Act of 1974 
(42. U.S.C. 2992d(a)) is amended by striking out ``for fiscal 
years 1992, 1993, 1994, and 1995.'' and inserting instead ``for 
each of the fiscal years 1996, 1997, 1998, and 1999.''.

SEC. 2. NATIVE HAWAIIAN REVOLVING LOAN FUND.

    (a) Permanent Establishment of Loan Fund.--Section 803A of 
the Native American Programs Act of 1974 (42 U.S.C. 2991b-1) is 
amended--
          (1) in the heading, by striking''; demonstration 
        project''; and
          (2) in subsection (a), by striking ``a demonstration 
        project involving the establishment of''.
    (b) Authorization of Appropriations.--Section 803A(f)(1) of 
that Act (42 U.S.C. 2991b-1(f)(1)) is amended by striking out 
``for each of the fiscal years 1992, 1993, and 1994, 
$1,000,000'' and inserting instead ``$1,000,000 for fiscal year 
1995 and such sums as may be necessary for each of the fiscal 
years 1996, 1997, 1998, and 1999''.
    (c) Reporting.--Section 803A(g) of that Act (42 U.S.C. 
2991b-1(g)) is amended to read as follows:
    ``(g) The Office shall provide to the Commissioner, at such 
time and in such manner as the Commissioner may require, such 
information as is reasonably necessary to determine compliance 
with the purposes and provisions of this section.''.
                        Changes in Existing Law

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes the following 
changes in existing law (existing law proposed to be omitted is 
enclosed in black brackets, new matter is printed in italic).

                        Title 42, Section 2992d

    (a) There are authorized to be appropriated for the purpose 
of carrying out the provisions of this subchapter (other than 
sections 2991b(d), 2991b-1 2991b-3 of this title, subsection 
(e) of this section, and any other provision of this subchapter 
for which there is an express authorization of appropriations), 
such sums as may be necessary [for fiscal years 1992, 1993, 
1994, and 1995.] for each of fiscal years 1996, 1997, 1998, and 
1999.
          * * * * * * *
    (c) There are authorized to be appropriated $8,000,000 [for 
each of the fiscal years 1992, 1993, 1994, 1995, and 1996,] for 
each of fiscal years 1996, 1997, 1998, and 1999, for the 
purpose of carrying out the provisions of section 2991b(d) of 
this title.
          * * * * * * *
    (e) There are authorized to be appropriated to carry out 
section 2991b-3 of this title, [$2,000,000 for fiscal year 1993 
and such sums as may be necessary for fiscal years 1994, 1995, 
1996, and 1997.] such sums as may be necessary for each of 
fiscal years 1996, 1997, 1998, and 1999.

                      Title 42, Section 2991b-1(f)

    Authorization of appropriations; investment in obligations 
of United States.
          (1) There is authorized to be appropriated [for each 
        of the fiscal years 1992, 1993, and 1994, $1,000,000] 
        such sums as may be necessary for each of fiscal years 
        1996 through 1999, for the purpose of carrying out the 
        provisions of this section. Any amount appropriated 
        under this paragraph shall remain available for 
        expenditure without fiscal year limitation.