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S. HRG. 114–528 

THE PRESIDENT’S FISCAL YEAR 2017 BUDGET 

FOR INDIAN COUNTRY 

HEARING 

BEFORE THE

COMMITTEE ON INDIAN AFFAIRS 

UNITED STATES SENATE 

ONE HUNDRED FOURTEENTH CONGRESS 

SECOND SESSION 

MARCH 9, 2016 

Printed for the use of the Committee on Indian Affairs 

( 

(II) 

COMMITTEE ON INDIAN AFFAIRS 

JOHN BARRASSO, Wyoming, Chairman 

JON TESTER, Montana, Vice Chairman 

JOHN MCCAIN, Arizona 

LISA MURKOWSKI, Alaska 

JOHN HOEVEN, North Dakota 

JAMES LANKFORD, Oklahoma 

STEVE DAINES, Montana 

MIKE CRAPO, Idaho 

JERRY MORAN, Kansas 

MARIA CANTWELL, Washington 

TOM UDALL, New Mexico 

AL FRANKEN, Minnesota 

BRIAN SCHATZ, Hawaii 

HEIDI HEITKAMP, North Dakota 

T. MICHAEL ANDREWS, Majority Staff Director and Chief Counsel 

ANTHONY WALTERS, Minority Staff Director and Chief Counsel 

(III) 

C O N T E N T S 

Page 

Hearing held on March 9, 2016 .............................................................................. 1 

Statement of Senator Barrasso ............................................................................... 1 

Statement of Senator Cantwell .............................................................................. 43 

Statement of Senator Daines .................................................................................. 44 

Statement of Senator Franken ............................................................................... 50 

Statement of Senator Heitkamp ............................................................................. 46 

Statement of Senator Hoeven ................................................................................. 52 

Statement of Senator Murkowski ........................................................................... 48 

Statement of Senator Tester ................................................................................... 1 

WITNESSES

Mason, Hon. Karol V., Assistant Attorney General, Office of Justice Programs, U.S. Department of Justice ..................................................................... 3 

Prepared statement .......................................................................................... 5 

Payment, Hon. Aaron, Recording Secretary, National Congress of American 

Indians .................................................................................................................. 27 

Prepared statement .......................................................................................... 29 

Ramirez, Lourdes Castro, Principal Deputy Assistant Secretary, Office of 

Public and Indian Housing, U.S. Department of Housing and Urban Development .................................................................................................................. 15 

Prepared statement .......................................................................................... 17 

Roberts, Lawrence S., Acting Assistant Secretary—Indian Affairs, U.S. Department of the Interior ...................................................................................... 9 

Prepared statement .......................................................................................... 10 

Smith, Mary, Principal Deputy Director, Indian Health Service, U.S. Department of Health and Human Services ................................................................. 23 

Prepared statement .......................................................................................... 24 

APPENDIX

Response to written questions submitted by Hon. James Lankford to: 

Lawrence S. Roberts ......................................................................................... 66 

Mary Smith ....................................................................................................... 61 

Response to written questions submitted by Hon. John McCain to Mary 

Smith 65 

(1) 

THE PRESIDENT’S FISCAL YEAR 2017 BUDGET 

FOR INDIAN COUNTRY 

WEDNESDAY, MARCH 9, 2016 

U.S. SENATE, COMMITTEE ON INDIAN AFFAIRS, Washington, DC. 

The Committee met, pursuant to notice, at 2:15 p.m. in room 

628, Dirksen Senate Office Building, Hon. John Barrasso, 

Chairman of the Committee, presiding. 

OPENING STATEMENT OF HON. JOHN BARRASSO, 

U.S. SENATOR FROM WYOMING 

The CHAIRMAN. Good afternoon. I call this hearing to order. 

Today the Committee will examine the President’s fiscal year 

2017 Indian Country budget. 

The United States continues to face a Federal deficit and tight 

budgets. The funding provided to Indian people and Native communities is an important Federal responsibility. 

The President’s fiscal year 2017 budget request calls for increases for tribal-related programs, including the Bureau of Indian 

Affairs and the Indian Health Service. Whatever funding is provided for these tribal-related programs, it must be used effectively, 

efficiently, and be responsible in fulfilling Federal responsibilities. 

Let me be clear, funding must reflect performance metrics. It is 

imperative that the Executive Branch provide Congress with the 

necessary data to support these funding requests. Today, we will 

hear from key Federal agencies that serve Indian Country. 

Before we hear from the witnesses present today, I want to recognize the Vice Chairman for an opening statement. 

STATEMENT OF HON. JON TESTER, 

U.S. SENATOR FROM MONTANA 

Senator TESTER. Thank you, Mr. Chairman. 

I want to thank the panelists who are here today, with a special 

thank you to Mary Smith. I appreciate your endurance from the 

Committee hearing earlier with Senator Daines and I. Thank you 

for being here. 

I want to commend the Administration for submitting a budget 

that details how the Federal Government will attempt to support 

Indian Country’s priorities. I am looking forward to hearing from 

our witnesses today and discussing how we can work together to 

meet our commitments to tribes. 

2 

If there is one thing I think we should all agree on it is that the 

challenges facing Indian Country cannot be addressed when Native 

programs are severely underfunded. 

It is vital that we address the deficit and I am committed to 

doing that but I also strongly believe that we cannot balance the 

budget on the back of Indian Country. We must fulfill our treaty 

and trust obligations by adequately funding tribal programs. 

This year, the Administration has requested modest increases for 

many Native American programs. Overall, these funds have a significant impact on initiatives that advance tribal sovereignty and 

invest in the overall well being of tribal communities. 

While increased funding is, I believe, a step in the right direction, we all know there are substantial unmet needs in Indian 

Country. The Department of the Interior has requested $2.9 billion 

for Indian affairs, an increase over 2016 enacted levels. 

Interior again has focused its attention on Native youth. Among 

other things, we are proposing $138 million for school construction. 

It is good the Administration has continued to focus on this issue 

but the department needs to provide more details on its plans for 

using those requested funds. 

Adequate funding only helps if the agency has a well thought out 

plan to use the money. That sounds familiar. 

Last month, I introduce the Safety Act which would require the 

BIA to develop a ten-year plan for school construction. I would love 

to hear your thoughts on that or any similar plans the department 

may have. 

With health care, even though the IHS has seen a 43 percent 

over the past eight years, it is still underfunded by nearly 50 percent, in my opinion. IHS will never be successful unless we provide 

the funds needed to treat people. The Administration’s request to 

continue prioritizing IHS funding is a step forward. 

The budget also proposes an increase of over $100 million for Native American programs at the Department of Justice. We recently 

heard from tribes about public safety issues affecting their communities. I look forward to hearing more about how the initiatives 

funded by this increase would assist tribes in dealing with reservation crime. 

HUD has requested a $50 million increase for the Native American housing block grant, an increase more than justified when adjusting for inflation alone. The Block Grant Program has been relatively level for the last 20 years. While I do agree with my colleagues that HUD must release its updated Housing Needs Assessment, one just has to drive through a tribal community to know 

that more funds are needed. 

This increase would help reduce the severe backlog that faces 

many tribal housing authorities. Overcrowding has devastating ripple effects, so we need to get serious about housing conditions in 

Indian Country. 

I recognize not everyone in this room has the same funding priorities or the same approach to tackling the challenges affecting Indian Country, but I still hope today’s hearing will open a discussion 

on how we can come together and find solutions to fulfill this Country’s trust and treaty obligations. 

3 

With that, once again, I want to thank the witnesses and I want 

to thank the Chairman for holding this hearing. 

The CHAIRMAN. Thank you, Senator Tester. 

Would any other members like to make an opening statement? 

[No audible response.] 

The CHAIRMAN. Today we will be hearing from: The Honorable 

Karol Mason, Assistant Attorney General, Office of Justice Programs, U.S. Department of Justice; Mr. Lawrence S. Roberts, Acting Assistant Secretary for Indian Affairs, Office of Assistant Secretary, U.S. Department of the Interior; Ms. Lourdes Castro Ramirez, Principal Deputy Assistant Secretary, Office of Public & Indian 

Housing, U.S. Department of Housing and Urban Development; 

Ms. Mary Smith, Principal Deputy Director, Indian Health Service, 

U.S. Department of Health and Human Services; and The Honorable Aaron Payment, Secretary, National Congress of American Indians. 

I would like to remind the witnesses that your full written testimony will be made a part of the official hearing record today. 

Please try to keep your statements to five minutes so that we may 

have time for questions. 

I look forward to hearing the testimony of each of you beginning 

with Assistant Attorney General Mason. Please proceed. 

STATEMENT OF HON. KAROL V. MASON, ASSISTANT ATTORNEY 

GENERAL, OFFICE OF JUSTICE PROGRAMS, U.S. 

DEPARTMENT OF JUSTICE 

Ms. MASON. Thank you, Chairman Barrasso, Vice Chairman 

Tester and distinguished members of the Committee. 

I am very pleased to represent the Department of Justice and to 

have this opportunity to discuss the President’s fiscal year 2017 

budget request for public safety initiatives in Indian Country. 

From the earliest days of this Administration, I have been privileged to work with dedicated employees from the department to 

help our tribal partners insure the safety and health of their communities. 

One of my proudest accomplishments as Deputy Associate Attorney General was leading the team that created our Coordinated 

Tribal Assistance Solicitation or CTAS which has opened up unprecedented funding opportunities for tribes. 

Now, as Assistant Attorney General, I am directly responsible for 

a full array of programs designed to improve tribal justice and victim services. I am pleased to say, without hesitation, that the Justice Department’s commitment to tribes has never been stronger. 

Across the public safety landscape, from law enforcement and 

litigation to funding and the protection of Native resources, our engagement with tribes is dynamic and robust. That commitment is 

embodied in CTAS which enables tribes to submit a single application for a wide range of tribal-specific government programs covering areas like community policing, substance abuse, correction alternatives and violence against women just to name a few. 

Since 2010, the department has awarded more than 1,400 grants 

totaling over $620 million to hundreds of tribal communities. I 

refer you to my written statement for more specific examples of our 

successes in Indian Country. 

4 

Many tribal communities have made great progress very often by 

adapting traditional methods to contemporary challenges. However, 

as this Committee is well aware, those challenges remain considerable. 

American Indians and Alaska Natives continue to be victimized 

at high and in some cases, alarming rates. Complex jurisdictional 

patterns still too often hamper investigations and impede justice. 

Resources remain scarce. 

The report by the Tribal Law and Order Commission noted the 

need for almost 3,000 tribal law enforcement officers, a 50 percent 

staffing shortfall. That is why the resources requested in the President’s budget are vital. 

Excluding funding for prisons, the budget allocates almost $300 

million for public safety activities in Indian Country. This level of 

funding would be historic and would allow us to build on our 

progress and make inroads into solving the enduring and intractable problems faced by our tribal partners. 

For one thing, the budget would take a page from CTAS and 

dedicate significant funding to tribal specific initiatives. A flexible 

tribal grant 7 percent setaside of programs for my office would give 

tribe’s reliable access to $111 million in grant resources. 

This would remove some of the unpredictability and anxiety 

around competition for Federal funding for which under-resourced 

tribes are often at a distinct disadvantage. 

The President’s budget proposes to make targeted investments as 

well. $25 million from the Crime Victim’s Fund would be devoted 

to meeting the needs of Native American victims who, as I mentioned, remain chronically underserved. 

Funds from the department’s Office for Community Oriented Policing Services would help hire law enforcement officers, train and 

equip them to protect their communities and $56 million from the 

Office of Violence Against Women would support a variety of efforts 

aimed at reducing domestic violence, dating violence, sexual assault, sex trafficking and stalking in Indian Country. 

A portion of those funds would expand on a ground breaking program that has reversed decades of injustice by giving tribes the authority to adjudicate domestic violence, dating violence and protection against violence cases against non-Indian defendants on tribal 

lands. 

The Justice Department’s work extends well beyond funding. Our 

U.S. Attorney offices have established close working relationships 

with tribes and an active Subcommittee on Native American Issues 

composed of U.S. attorneys provides advice and counsel to the Attorney General. 

We are training tribal prosecutors and bringing them on to support prosecution in Federal court. We are working to resolve trust 

mismanagement claims and protect tribal lands and tribal sovereignty. In all these efforts, we closely coordinate our efforts with 

our Federal partners to make sure we are maximizing resources 

and meeting every public safety need in Indian Country. 

The Department of Justice is working hard across its components 

and across other agencies to give our tribal partners the resources 

they need to achieve justice in their communities but there is no 

5 

substitute for Federal dollars. Public safety in Indian Country is an 

investment we cannot afford to forego. 

The President’s budget request represents a thoughtful and comprehensive strategy for supporting tribal justice, juvenile justice 

and victim services. The Department of Justice looks forward to 

working with the Committee to fulfill our share of responsibilities 

to our tribal partners and to meet our collective goal of safer tribal 

communities. 

I look forward to your questions. 

[The prepared statement of Ms. Mason follows:] 

PREPARED STATEMENT OF HON. KAROL V. MASON, ASSISTANT ATTORNEY GENERAL, 

OFFICE OF JUSTICE PROGRAMS, U.S. DEPARTMENT OF JUSTICE

Chairman Barrasso, Vice-Chairman Tester, and members of the Committee: 

Thank you for inviting the Department of Justice to testify regarding the substantial support that the President’s FY 2017 Budget requests for the Department of 

Justice for public safety initiatives in Indian country. I am Karol Mason, Assistant 

Attorney General for the Department of Justice’s Office of Justice Programs (OJP). 

Among my many responsibilities are overseeing tribal grant programs and other efforts to improve tribal criminal and justice systems and help tribal victims of crime. 

Tribal justice has been a critical priority for me during my time in the Administration, both in my current service at OJP and in my prior work for the Department’s 

Office of the Associate Attorney General. 

The Justice Department’s commitment to supporting our tribal partners has never 

been stronger. From law enforcement to litigation to funding, our engagement with 

tribes has never been more dynamic or more robust. Resources available through 

the Tribal Law and Order Act (TLOA) of 2010 and the Violence Against Women Reauthorization Act of 2013, coupled with other substantial public safety investments 

from across the Department throughout this Administration, have resulted in an 

unprecedented level of engagement, coordination, and action on behalf of public 

safety in Indian country. 

Current Efforts 

Improving public safety among tribal communities continues to be a top priority 

for the Department and OJP. In FY 2010, as a result of consultation with tribes, 

the Department launched the Coordinated Tribal Assistance Solicitation (CTAS), 

which offers a comprehensive, streamlined application process encompassing most 

of our available tribal government-specific grant programs. Through CTAS, the Department has awarded over 1,400 grants totaling more than $620 million to hundreds of tribal communities. CTAS grantees invest in a variety of public safety-related purpose areas including community policing; justice systems planning; alcohol 

and substance abuse; corrections and correctional alternatives; violence against 

women; tribal youth programs; juvenile justice; and crime victims’ assistance. 

In addition to CTAS, many DOJ components provide other tribal-specific programs. OJP’s Bureau of Justice Assistance’s (BJA) Tribal Civil and Criminal Legal 

Assistance Program (TCCLA) provides grants training, and technical assistance to 

support federally recognized tribal nations in enhancing their tribal justice systems 

and improving access to those systems. TLOA reinforced the provisions of TCCLA 

which authorize the provision of legal defense services to all defendants in tribal 

court criminal proceedings and prosecution, judicial services for tribal courts, and 

capacity building to tribes and tribal justice systems. BJA has also invested in tribal-state collaborative efforts such as joint jurisdictional courts. For example, one 

such court originated in Minnesota between the Leech Lake Band of Ojibwe and 

Cass County and expanded to Itasca County. This court has been operating for a 

decade, and an evaluation has shown promising results. Graduates of the joint jurisdictional court in Itasca County between 2007 and 2014 avoided at least 8,000 days 

in jail, and the total economic value of these positive outcomes is estimated at over 

$2 million. 

OJP’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) worked 

with the Bureau of Indian Affairs to update the Model Indian Juvenile Code, which 

helps federally recognized tribes create individual codes focused on juvenile matters. 

The Code, which was released just last week, specifically addresses issues affecting 

tribal youth arrested for alcohol and/or drug-related offenses in Indian country. It 

follows through on one of the recommendations listed in Ending Violence So ChilVerDate Mar 15 2010 10:12 Jan 09, 2017 Jkt 023253 PO 00000 Frm 00009 Fmt 6633 Sfmt 6621 S:\DOCS\23253.TXT JACK
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dren Can Thrive, the report developed by the Attorney General’s Advisory Committee on American Indian/Alaska Native Children Exposed to Violence. OJJDP also 

stands ready to work with the Committee on appointing a tribal member to the federal Coordinating Council on Juvenile Justice and Delinquency Prevention, as provided for under TLOA. 

OJP’s Office for Victims of Crime (OVC), through its Vision 21 Initiative, is leading a nationwide effort to expand the vision and impact of the victim assistance field 

in the 21st century. In FY 2015 OVC funded Vision 21: Tribal Victim Services Resource Mapping Project, which addresses a critical barrier for tribal crime victims 

from seeking services—a lack of information. Our grantee, the National Center for 

Victims of Crime (NCVC), is collecting information about services available to American Indian and Alaskan Native crime victims at all levels—tribal, state, regional 

and federal. NCVC will then use this data to develop a state-of-the-art mapping and 

referral tool, which will be available to the public and service providers alike. 

As this Committee is aware, American Indians and Alaska Natives experience 

high rates of violence, particularly domestic violence and sexual assault against Native women. Next month, OJP’s National Institute of Justice (NIJ) will release a 

new study about violence against American Indian and Alaska Native women and 

men. The report provides estimates of sexual violence, physical violence by intimate 

partners, stalking, and psychological aggression by intimate partners. We will share 

the findings as soon as they are available, but I am aware that the research confirms what we have long suspected about the high rate of victimization. NIJ is also 

working on another study, expected for 2017, about domestic violence, sexual assault, and stalking committed against Indian women living in tribal lands and Alaska Native villages. In addition, NIJ is examining Alaska Village Public Safety Officers’ response to violence against Indian women. 

OJP’s Bureau of Justice Statistics (BJS) is addressing how to best measure crime 

on tribal lands. This task is complicated by federal, state, local and tribal justice 

systems that have overlapping jurisdiction for these crimes. In order to build a more 

complete picture of the crime problem on tribal lands, BJS is implementing an expanded set of data collections involving federal, state, local and tribal law enforcement agencies and prosecutor offices. This information will provide decision makers 

with a far better assessment of crime on tribal lands than has been available to 

them previously. 

In August 2015, OJP’s SMART Office worked with the Department’s Justice Management Division and Office of Tribal Justice (OTJ) to launch the Tribal Access Program (TAP) which provides federally recognized tribes the ability to access and exchange data with national crime information databases, such as those managed by 

the Federal Bureau of Investigation, for both civil and criminal purposes.. This new 

program helps fulfill DOJ’s obligation to support tribes’ implementation of the Sex 

Offender Registration and Notification Act (SORNA), TLOA and the Violence 

Against Women Act. TAP is heavily informed and driven by the needs of tribes and 

the Department’s commitment to ensuring tribes’ consistent access to critical crime 

data. The SMART Office also continues to tailor and expand its work with tribal 

nations working to implement SORNA. To date 99 tribal jurisdictions have substantially implemented SORNA and many more are continuing work towards that goal. 

In addition, the SMART Office designed and supports a project identifying best 

practice resources for the treatment, management, and reentry of Native American 

adults and juveniles who have committed sex offenses. As a result of TLOA, our 

partners at the Office of Community Oriented Policing Services (COPS Office) have 

made significant improvements to the Tribal Resources Grant Program (TRGP), 

eliminating local matches, allowing indirect costs, and expanding allowable costs. 

The COPS Office also provides publication resources and training and technical assistance to tribal law enforcement—such as the publication, Successful Tribal Community Policing Initiatives, which highlights 15 tribes’ community policing efforts 

around alcohol and substance abuse, gangs, partnerships, and other topics. 

The Department’s Office on Violence Against Women (OVW) has funded several 

technical assistance projects to support tribal grantees under CTAS, as well as tribal coalitions and sexual assault service providers. For example, to address the shortage of legal representation for American Indian and Alaska Native sexual assault 

survivors, OVW funded a certification course for lay advocates representing survivors in tribal courts. The course combines distance learning and a week-long trial 

advocacy institute conducted by the National Tribal Trial College in collaboration 

with the University of Washington School of Law. Similarly, OVW supports training 

for advocates on the litigation of civil protection orders for Native survivors of domestic and sexual violence and on addressing the unique legal and service needs 

of Native victims with disabilities. In 2015, OVW also supported a tribal listening 

session and site visits with tribal communities receiving Abuse in Later Life ProVerDate Mar 15 2010 10:12 Jan 09, 2017 Jkt 023253 PO 00000 Frm 00010 Fmt 6633 Sfmt 6621 S:\DOCS\23253.TXT JACK
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gram grants to develop a guide to assist tribes in addressing elder abuse, taking 

into account their unique circumstances and culture. 

The Department’s other responsibilities in Indian country have also expanded, 

and the priorities identified by the Attorney General have led to a number of new 

initiatives and enhancements. Senior Departmental leadership holds regular meetings with tribes through the Tribal Nations Leadership Council and has pursued 

interagency collaboration with the Departments of the Interior and Health and 

Human Services to promote compliance with the Indian Child Welfare Act. 

Each U.S. Attorney’s Office with Indian country jurisdiction has developed a specific plan to address tribal public safety challenges and has assigned at least one 

Assistant United States Attorney (AUSA) to serve as the Tribal Liaison. The Tribal 

Liaison exercises an important role in helping to facilitate communication between 

the United States Attorney’s Office, federal law enforcement partners, tribal leaders, 

tribal law enforcement officers, and members of the tribal communities. AUSAs who 

serve as Tribal Liaisons are among the most skilled, dedicated and accomplished attorneys in our nation. In addition, the Department’s enhanced Tribal Special Assistant U.S. Attorney (SAUSA) Program fosters coordination between federal prosecutors and their tribal counterparts. The Tribal SAUSA program, serves as an important tool, contributing to improved collaboration. Tribal SAUSAs, who are cross-deputized tribal prosecutors, receive training in federal criminal law, procedure, and investigative techniques and are able to prosecute crimes in both tribal court and federal court as appropriate. Moreover, OVW has funded four tribal prosecutors 

through its Violence Against Women Tribal SAUSA Pilot Project, who serve as Tribal SAUSAs specially dedicated to prosecuting cases of domestic violence and sexual 

assault in both tribal and federal courts. The Tribal SAUSAs strengthen a tribal 

government’s ability to fight crime and increase the USAO’s coordination with tribal 

law enforcement personnel. The work of Tribal SAUSAs also helps to accelerate a 

tribal criminal justice system’s implementation of TLOA and VAWA 2013. 

FY 2017 Budget Request 

The FY 2017 President’s Budget for the Department of Justice requests $420 million in total resources to address public safety in Indian country, or $297 million 

excluding funding for the Bureau of Prisons. If enacted, this budget would represent 

a historic level of funding for tribal communities. 

The Budget’s investments support activities across many Department of Justice 

components and address a range of criminal and civil justice issues facing Native 

American communities. The Budget includes significant and versatile grant funding 

totaling $230 million, an increase of 87 percent over FY 2016 enacted levels. 

I am proud that the FY 2017 Budget request for OJP includes $111 million in 

discretionary resources for Indian country that would build on CTAS by providing 

a consistent source of significant, tribal-specific grant funding flexibly directed at 

tribes’ most important criminal justice priorities. As in previous budget requests 

made during this Administration, this funding would come via the Flexible Tribal 

Grant seven percent set-aside from all OJP programs (excepting the Crime Victims 

Fund and the Public Safety Officers’ Benefits programs). 

OJP also requests $25 million from the Crime Victims Fund to support tribal assistance for victims of violence, who, despite our long-standing efforts, remain chronically underserved. The funding would further expand OVC’s efforts to develop evidence-based, culturally appropriate victims’ services programs for the nation’s tribal 

communities. 

The Budget also includes $38 million for the COPS TRGP Program, an $8 million 

increase over the FY 2016 level. The Indian Law and Order Commission’s (ILOC) 

Report noted a nearly 3,000 officer shortfall when tribal law enforcement agencies 

are compared to national averages. The Budget will also address the high demand 

for equipment, including vehicles, radios, laptops, and communications and records 

systems. 

Within the $8 million increase, $3 million would facilitate tribal access to national 

crime information databases. This increase supports the Department’s TAP Program 

for National Crime Information, which, as noted, allows tribes to more effectively 

serve and protect their tribal members by ensuring the exchange of criminal data 

across systems, such as those managed by the Criminal Justice Information Services 

Division of the Federal Bureau of Investigation. 

The FY 2017 President’s Budget for the Office on Violence Against Women (OVW) 

includes approximately $56 million in total funding to support programs and initiatives that work to prevent and address domestic violence, dating violence, sexual assault, sex trafficking, and stalking in Indian country, including $39 million in setasides from seven OVW grant programs for the Grants to Indian Tribal Governments Program. This program is part of CTAS and funds tribes to develop a comVerDate Mar 15 2010 10:12 Jan 09, 2017 Jkt 023253 PO 00000 Frm 00011 Fmt 6633 Sfmt 6621 S:\DOCS\23253.TXT JACK
8 

prehensive, multi-faceted response to violence against Indian women, including 

strengthening tribal criminal justice systems, improving services for victims, and 

creating community education and prevention campaigns. With increased funding, 

OVW awards could support more tribes in their efforts to provide holistic services 

to victims and to hold people who commit crimes accountable. OVW is requesting approximately $7 million, through set-asides, for the Tribal 

Domestic Violence and Sexual Assault Coalitions Grant Program, which supports 

the development and operation of nonprofit, nongovernmental tribal coalitions to 

provide technical assistance to member Indian service providers and enhance the 

federal, state, and tribal response to violence against Indian women. These funds 

allow tribal coalitions to participate more fully in coordinated efforts to address violence against native women and help communities develop culturally appropriate responses. OVW’s request includes a $3.5 million set-aside from its Sexual Assault Services 

Program to support direct services for victims of sexual assault and their families 

in Indian country and Alaska Native villages, including intervention, advocacy, and 

accompaniment to places such as courts, medical facilities, and police departments. OVW is also requesting $5 million, a $2.5 million increase over FY 2016, for the 

Tribal Special Domestic Violence Criminal Jurisdiction Program, which would support tribal efforts to exercise ‘‘special domestic violence criminal jurisdiction’’ over 

non-Indians who commit violence against their Indian spouses, intimate partners, 

or dating partners, or who violate protection orders, in Indian country. In FY 2016, 

Congress first appropriated $2.5 million for this new Tribal Jurisdiction Program. 

OVW is currently developing a solicitation for the program but expects that tribal 

demand will far exceed available funding, and that, in this first year of funding, at 

least 50 tribes may apply. Currently, 45 tribes participate in the Inter-Tribal Technical-Assistance Working Group (ITWG) on Special Domestic Violence Criminal Jurisdiction. OVW expects that all or most ITWG members are candidates for the new 

funding, in addition to some number of tribes that have not yet joined the ITWG. 

Moreover, tribes wishing to exercise this new jurisdiction will need grant funding 

to address a host of new activities, including updating criminal codes, providing 

counsel for indigent defendants, expanding jury pools, and addressing increased 

costs for law enforcement, pre-trial services, prosecution, courts, probation, incarceration, parole and victim services. With additional funding in FY 2017, the Department expects that even more tribes will be able to replicate the successes of the first 

‘‘pilot project’’ tribes, each of which has demonstrated the ability of tribal criminal 

justice systems to hold people who commit crimes accountable and keep their communities safe. In addition, the OVW’s request also includes language that would authorize the Attorney General to use $3.9 million in funds previously appropriated 

to create tribal sex offender and protection order registries to support the TAP Program. The proposal to use these funds for the Tribal Access Program was developed 

after consultation with tribal leaders, who stated that facilitating tribal access to 

federal databases would be more valuable than creating separate tribal registries 

for sex offenders and protection orders. 

In addition to new grant funding, the Environment and Natural Resources Divi- sion is requesting an increase of $1.5 million for an additional four attorneys to support environmental enforcement on tribal lands. This request will promote increased 

federal and tribal litigation of environmental violations in Indian country, particularly in response to the rapid expansion of oil and gas extraction on Indian lands 

in the last decade and its impact on public health and surface and drinking water 

quality. Also, OTJ requests $240,000 in new resources for one additional attorney position 

to ensure that the Department meets its Indian country consultation and coordination responsibilities. 

In addition to the Department’s efforts to consistently consult with tribal leaders 

to craft and implement policies that work for tribes and empower tribal governments, investments in federal agents, prosecutors, and grant programs remain critically important to protecting tribal communities. Appropriators must consider many 

competing priorities for scarce taxpayer dollars, but public safety in Indian country 

is an investment that we cannot afford to forgo. 

The FY 2017 President’s Budget request for the Department of Justice represents 

a major commitment to addressing the public safety issues afflicting tribal communities, and maintains the federal government’s promise to fulfill its trust responsibility to Indian country. 

The Department thanks the Committee for its interest in these critical issues and 

for its support of our tribal partners. 

The CHAIRMAN. Thank you very much for your testimony. 

9 

Mr. ROBERTS. 

STATEMENT OF LAWRENCE S. ROBERTS, ACTING ASSISTANT 

SECRETARY—INDIAN AFFAIRS, U.S. DEPARTMENT OF THE 

INTERIOR 

Mr. ROBERTS. Good afternoon, Chairman Barrasso, Vice Chairman Tester, and members of the Committee. I want to thank you 

for the opportunity to testify today. It is an honor for me to be here 

before you all as Acting Assistant Secretary for Indian Affairs. 

I want to begin by thanking each and every one of you on the 

Committee for your dedication to Indian Country. I know that you 

work every day to educate your colleagues on the challenges faced 

by tribes and the importance of upholding trust and treaty obligations. 

I want to begin by reflecting on our collective work and how it 

has, particularly with tribal leadership, made a difference in Indian Country. In fiscal year 2008, appropriations for Indian Affairs was $2.9 billion, a $17 million decrease from fiscal year 2007. Budgets were 

steadily shrinking for Indian Affairs and tribes and career employees were being asked to do more with less. 

There is no doubt that today’s budget climate remains difficult. 

The Washington Post reported that the President’s budget increased discretionary spending overall by less than one percent. 

Unlike the rest of the discretionary budget, the President’s budget request for Indian Affairs reflects a 4.9 percent increase over 16 

enacted levels. 

When compared with 2008 to today, Indian Affairs’ proposed budget of $2.9 billion, a nearly $138 million increase over fiscal 

year 2016, I think we can collectively agree that strong bipartisan 

support for budgets is there to foster self-determination in strong 

tribal communities. 

The increase in appropriations and successes in Indian Country 

is due in large part to the work of tribal leaders. Since 2008, our 

career staff has decreased by approximately 1,600 employees. That 

is nearly 17 percent of Indian Affairs’ work force. 

We have seen that whether it is a direct service tribe or a selfgovernance tribe, tribal leadership has proven that with increased 

funding, they can deliver results. We have seen the reduction in 

violent crime through focused resources in certain communities. We 

have seen it in the reduction in recidivism and we have seen 

progress in the TIWAHE Program. 

The President’s proposed budget builds on Indian Country’s work 

through careful coordination with the tribes through our Tribal Interior Budget Council. The President’s budget includes full funding 

for contract support costs and proposes that it be mandatory for 

funding beginning in fiscal year 2018. 

The 2017 budget proposes a $21 million increase to support 

TIWAHE objectives including $12.3 million for social services, a 

$3.4 million increase for Indian Child Welfare Act programs and an 

additional $1.7 million to improve access to suitable housing. 

The President’s budget reflects the need to invest in Indian families and promote safe communities at the outset that provide an 

environment that removes those barriers to success for our Native 

10 

youth and young adults. The fiscal year 2017 budget includes investments in education through scholarships and increased funding 

for Haskell, SIPI, United Tribes Technical College and the Navajo 

Technical University. It proposes a $1.1 billion budget for BIE. The BIE is focused on 

serving as a capacity builder and service provider to support tribes 

and schools in educating their youth and delivering a world class 

and culturally appropriate education across Indian Country. The 

budget proposes full funding of tribal grant support costs for tribes 

that choose to operate BIE-funded schools to serve their students. Finally, the budget provides $138 million for education construction programs to replace and repair schools and facilities in poor 

condition and to address deferred maintenance needs at the 183 

campuses in the BIE school system. The 2017 request for BIE 

school construction continues the momentum launched with the fiscal year 2016 appropriation and provides funding stability necessary to develop an orderly construction pipeline. 

The President’s budget continues the funding in fiscal year 2016 

for the Indian Energy Service Center. The Center will expedite 

leasing, permitting and reporting for conventional and renewable 

energy projects on Indian lands and provide the resources to ensure that development occurs safely and appropriately manages 

risk. 

The department is working with tribes to promote cooperative management. The President’s budget requests a $2 million increase 

to address subsistence management in Alaska. The funding will 

target areas across the State that promote tribal cooperative management for fish and wildlife and improve access to subsistence resources on Federal lands and waters. 

I will close by saying in this difficult fiscal climate, the fiscal 

year 2017 budget proposes increases for Indian Affairs. At nearly 

$138 million above the 2016 enacted levels, Indian Affairs is the 

second largest total requested budget increase of any bureau within 

the Department of Interior. 

I know with your bipartisan support and leadership the Federal 

budget for Indian Country will continue to foster self-determination. 

I am happy to appear before you today and I am happy to answer any questions you may have. 

[The prepared statement of Mr. Roberts follows:] 

PREPARED STATEMENT OF LAWRENCE S. ROBERTS, ACTING ASSISTANT SECRETARY— INDIAN AFFAIRS, U.S. DEPARTMENT OF THE INTERIOR

Good afternoon Chairman Barrasso, Vice Chairman Tester, and members of the 

Committee. Thank you for the opportunity to provide a statement on behalf of the 

Department of the Interior on the President’s Budget Request for Indian Affairs for 

Fiscal Year (FY) 2017. The FY 2017 budget request for Indian Affairs programs totals $2.9 billion, which is $137.6 million more than the FY 2016 enacted level. 

Within Indian Affairs, our funding priorities are guided by careful coordination 

with tribes through a regional-to-national planning process through the Tribal Interior Budget Council. These and other sources of tribal input have informed legislative and programmatic initiatives and funding priorities in the FY 2017 budget, including full funding for contract support costs and a proposal to fund contract support costs through a mandatory account beginning in FY 2018. 

The Indian Affairs budget provides significant increases across a wide range of 

Federal programs that serve tribes and supports improved tribal access to Federal 

program and resources. Indian Affairs plays a unique and important role in carrying 

11 

out the Federal trust responsibility and in serving tribes. The budget makes the 

most out of each dollar dedicated to Indian Country programs by proposing further 

development of a one-stop shop approach for facilitating tribal access to Federal 

funds and programs across the U.S. government. 

Supporting Indian Families and Protecting Indian Country 

Supporting Indian families and ensuring public safety are top priorities for the 

President and tribal leaders. As part of the President’s commitment to protect and 

promote the development of prosperous tribal communities, BIA will continue to expand the Tiwahe initiative. Tiwahe, which means family in the Lakota language, 

promotes a comprehensive, integrated and community-based approach to support 

child welfare, family stability, and strengthening tribal communities as a whole. The 

initiative directly supports the President’s Generation Indigenous initiative 

launched in 2014 to address barriers to success for Native youth by leveraging BIA 

programs in concert with other Federal programs supporting family and community 

stability and cultural awareness. 

Children living in poverty are far more likely to be exposed to violence and psychological trauma, both at home and in the surrounding community. Many Indian 

communities face high rates of poverty, substance abuse, suicide, and violent crime, 

leading to serious and persistent child abuse and neglect issues. Child maltreatment 

often leads to disrupted extended family support networks and broken families 

when children are placed outside the community. Solutions lie in addressing the 

interrelated problems of poverty, violence, and substance abuse faced by many communities to help improve the lives and opportunities of Indian families. This requires tribally-initiated coordination of social service programs; steps to maintain 

family cohesiveness; preparation of family wage earners for work opportunities; and 

rehabilitative alternatives to incarceration for family members with substance abuse 

issues. 

Currently, four tribal communities (the Ute Mountain Ute Tribe, Colorado; the 

Spirit Lake Tribe, North Dakota; the Association of Village Council Presidents 

(AVCP), Alaska; and the Red Lake Nation, Minnesota) are participating in the 

Tiwahe initiative as the initial pilot sites. The BIA will be adding two additional 

sites in FY 2016. 

The Ute Mountain Ute Tribe has developed a ‘‘Tour de Ute’’ concept—a ‘‘one stop’’ 

Tiwahe Center that centralizes services at Ute Mountain Ute. The Center will provide culturally relevant services which incorporate tribally specific practices, traditions and approaches for intervention and prevention. The Ute Mountain Ute’s 

Tiwahe team also supported production of a short film entitled ‘‘Escape,’’ which was 

made by Ute Mountain Ute youth and which discusses serious issues faced by tribal 

youth, such as bullying, identity, and suicide. The film premiered in Durango, Colorado in October of 2015 and was also screened later in the fall at the LA SKINS 

FEST, a film festival in Los Angeles, California. 

Further, the BIA Division of Human Services, through a partnership with selected 

Schools of Social Work, is creating a Center for Excellence. The Center will provide 

opportunities for learning, cross-training, and information sharing for tribes in the 

areas of leadership, best practices, research, support and training. Additionally, the 

Center for Excellence will allow Tiwahe tribes the opportunity to train other tribes 

and tribal organizations on a comprehensive approach for a coordinated service delivery model. Tiwahe tribes will also be able to share best practices and lessons 

learned from implementation of year one and two of the Tiwahe Initiative. 

The FY 2017 budget proposes $21.0 million in program increases to support 

Tiwahe objectives, including $12.3 million for social services programs to provide 

culturally-appropriate services with the goal of empowering individuals and families 

through health promotion, family stability, and strengthening tribal communities as 

a whole. The budget also includes increases of $3.4 million for Indian Child Welfare 

Act programs that work with social services programs and the courts to keep Indian 

children in need of foster care in Indian communities where possible; an additional 

$1.7 million to improve access to suitable housing for Indian families with children; 

and a $1.0 million increase for job training and placement. The budget includes an 

additional $2.6 million for tribal courts to implement a comprehensive strategy to 

provide alternatives to incarceration and increase treatment opportunities across Indian Country. 

As a Departmental priority goal, the BIA Office of Justice Services (OJS) works 

to support rehabilitation and reduce recidivism by promoting alternatives to incarceration. The BIA OJS, responding to concerns raised by tribes, law enforcement 

and tribal courts about high rates of alcohol- and drug-related offenses, in 2014 created the Diversion and Re-entry Division (DRD). The DRD is transforming institutional practices to focus on recidivism reduction and solution-focused sentencing iniVerDate Mar 15 2010 10:12 Jan 09, 2017 Jkt 023253 PO 00000 Frm 00015 Fmt 6633 Sfmt 6621 S:\DOCS\23253.TXT JACK
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tiatives. These initiatives are intended to create alternatives to incarceration that 

build onto existing treatment services in tribal communities. 

As part of DRD’s efforts to reduce recidivism, three reservations were selected to 

implement a pilot initiative, with the goal of reducing recidivism in a pre-identified 

cohort of 150 repeat offenders at these sites by three percent by September 30, 2015. 

At the end of FY 2015, the three tribes participating in the pilot experienced a combined average reduction in recidivism of 46 percent. 

The BIA OJS will continue pilot programs at five sites that seek to lower rates 

of repeat incarceration, with the goal of reducing recidivism by a total of three percent within these communities by September 30, 2017. The pilot programs will continue to implement comprehensive alternatives to incarceration strategies that seek 

to address the underlying causes of repeat offenses—including substance abuse and 

social service needs—through alternative courts, increased treatment opportunities, 

probation programs, and interagency and intergovernmental partnerships with tribal, Federal, and State stakeholders. These efforts will promote public safety and 

community resilience in Indian Country. 

In FY 2017, the BIA OJS will continue to provide technical assistance and training to tribes to amend tribal legal codes to reflect provisions in the Tribal Law and 

Order Act and reauthorization of the Violence Against Women Act, both of which 

expanded tribal court jurisdiction and responsibilities in all states. Updated codes 

will provide stronger protections and safety for vulnerable populations and will expand the jurisdiction of tribal law enforcement and justice systems over domestic 

violence altercations in Indian Country. The FY 2017 budget proposes $1.8 million 

to build on the work with Indian tribes and tribal organizations to assess needs, 

consider options, and design, develop, and pilot tribal court systems for tribal communities subject to full or partial State jurisdiction of law enforcement activities 

under Public Law 83–280. The BIA is also implementing training for its law enforcement staff in the areas of law enforcement, social services, victim services, and 

courts. The BIA is making this training available to tribes operating these programs 

under self-determination contracts and self-governance funding agreements. 

Creating Opportunities for Native Youth 

The FY 2017 budget includes key investments to support Generation Indigenous, 

which takes an integrative, comprehensive, and culturally-appropriate approach to 

help improve lives of and opportunities for Native American youth. The FY 2017 

budget maintains President Obama’s vision for a 21st century Indian education system, grounded in both high academic standards and tribal values and traditions. 

The proposal invests in improving educational opportunities and quality from the 

earliest years through college so as to afford Native American youth world-class opportunities in today’s global economy. 

The Interior budget proposes $1.1 billion in Indian education programs to support 

the implementation of the comprehensive transformation of the Bureau of Indian 

Education (BIE). The BIE is focused on serving as a capacity builder and service 

provider to support tribes and schools in educating their youth and delivering a 

world-class and culturally-appropriate education across Indian Country. As part of 

the transformation, the BIE has invested in areas that promote educational self-determination for tribal communities. The BIE issued the first Tribal Education Department grants in 2015 and Sovereignty in Education awards in 2014 and 2015 

to foster the capacity of tribes to determine the educational needs of their youth and 

improve the operation of tribally managed school systems. Furthermore, the budget 

proposes full funding of Tribal Grant Support Costs for tribes which choose to operate BIE-funded schools to serve their students. The FY 2017 budget request builds 

upon this progress with increased program investments totaling $49.3 million to improve opportunities and outcomes in the classroom; expand multi-generational programs to advance early childhood development; provide improved instructional services and teacher quality; and promote enhanced native language and cultural programs. The budget also proposes investments to further enhance broadband and digital access and support tribal control of student education. 

The budget provides $138.3 million for education construction programs to replace 

and repair school facilities in poor condition and address deferred maintenance 

needs at the 183 campuses in the BIE school system. The FY 2016 enacted appropriation funds replacement of the remaining two BIE school campuses on the priority list created in 2004 and supports planning for schools on the 2016 list. Finalization of the 2016 replacement school construction list is expected soon, once the 

rigorous process created through negotiated rulemaking is completed. The FY 2017 

request for BIE school construction continues the momentum launched with the FY 

2016 appropriation and provides the funding stability necessary to develop an orderly construction pipeline. 

13 

Post-secondary education is a priority for tribes which see advanced education as 

the path to economic development and a better quality of life for their communities. 

The FY 2017 budget continues recognition of the important role tribal post-secondary schools play in empowering Indian students and tribal communities. The 

budget includes an increase of $2.0 million for the BIE-operated Haskell Indian University and Southwestern Indian Polytechnic Institute. The budget also includes an 

additional $500,000 for tribal technical colleges—United Tribes Technical College 

and Navajo Technical University—which were forward funded for the first time in 

FY 2016. In addition, the BIE budget includes $6.8 million in increases for triballycontrolled scholarships for post-secondary education, with a focus on recipients seeking degrees in the fields of science, technology, engineering, and mathematics. 

To foster public/private partnerships to improve student experiences at BIE-funded schools, the FY 2017 budget proposes appropriations language enabling the Secretary to reactivate the National Foundation for American Indian Education. The 

proposed bill language will initiate a foundation focused on fundraising to create opportunities for Indian students in and out of the classroom. The budget also includes 

an increase of $3.6 million for Johnson O’Malley grants to provide additional resources to tribes and organizations to meet the unique and specialized educational 

needs of American Indian and Alaska Native students. 

Further supporting Native youth, the budget reflects an additional $2.0 million 

to support youth participation in natural resources programs focused on the protection, enhancement, and conservation of natural resources through science, education, and cultural learning. Tribal youth will benefit from the mentoring and positive role models provided by tribal personnel who work to manage and protect tribal 

trust resources. Programs aimed at tribal youth help to open future job opportunities, instill respect for resources, and develop an appreciation of the importance of 

natural resources to tribal cultures and livelihoods. Funds will support approximately 60 new tribal youth projects and training programs throughout Indian Country and supplement existing training programs within the forestry, water, and agriculture programs. 

Tribal Nation-Building 

Programs run by tribes through contracts with the Federal government support 

tribal nation-building and self-determination. The FY 2017 budget continues the Administration’s commitment to fully fund contract support costs with an increase of 

$1.0 million above the FY 2016 enacted level to fully fund estimated requirements 

for FY 2017. The budget also includes a legislative proposal to fully fund BIA and 

Indian Health Service (IHS) contract support costs as mandatory funding, beginning 

in FY 2018. Indian Affairs will continue to work with tribes and consult on policies 

to address long-term programmatic and funding goals to advance tribal self-determination. 

Tribes and tribal organizations have expressed long-standing concerns about the 

need for accurate, meaningful, and timely data collection in American Indian/Alaska 

Native communities. Tribal leaders and communities need access to quality data 

and information as they make decisions concerning their communities, economic development, and land and resource management. It is also critical that the Federal 

government collect and analyze quality data to ensure that Federal agencies and 

programs are delivering effective services to meet tribal needs and deliver on Federal responsibilities. 

The FY 2017 BIA budget supports this effort with an increase of $12.0 million 

to enable the Department of the Interior to work with tribes to improve data quality 

and availability for the benefit of tribes and programs, create a reimbursable support agreement with the Census Bureau to address data gaps in Indian Country, 

and to create an Office of Indian Affairs Policy, Program Evaluation, and Data to 

support effective, data-driven, tribal policy making and program implementation. 

To implement an all-of-government approach to delivering programs and funding 

to Indian Country, the BIA budget proposes an increase of $4.0 million to continue 

development of a Native American One-Stop website to make it easier for tribes to 

find and access the hundreds of services available to tribes across the Federal government. The funding will also support efforts at the regional and local levels to assist tribes to find services and receive consistent information about programs available to them. The website and support center will reduce costs by eliminating duplication of outreach efforts and services by Federal government agencies. The Native 

One-Stop website currently has a portal focused on programs that serve Native 

American youth, in support of the Generation Indigenous initiative. 

14 

Sustainable Stewardship of Trust Resources 

The BIA’s trust programs assist tribes in the management, development, and protection of Indian trust land and natural resources on 56 million surface acres and 

60 million acres of subsurface mineral estates. These programs assist tribal landowners to optimize sustainable stewardship and use of resources, providing benefits 

such as revenue, jobs, and the protection of cultural, spiritual, and traditional resources. To facilitate management of trust resources, the budget includes a total increase of $6.9 million for Trust Real Estate Services activities to expand capacity 

to address the probate backlog, land title and records processing, geospatial support 

needs, and database management. 

The Indian Energy Service Center received initial funding in FY 2016. Income 

from energy is one of the larger sources of revenue generated from trust lands, with 

royalty income of $826 million in 2015. The Center will expedite the leasing, permitting, and reporting for conventional and renewable energy on Indian lands and provide resources to ensure that development occurs safely, protects the environment, 

and manages risks appropriately. Technical assistance will be provided to support 

assessment of the social and environmental impacts of energy development. The 

Center includes staff from BIA, Office of Natural Resources Revenue (ONRR), Bureau of Land Management (BLM), and the Office of the Special Trustee (OST)—all 

of which have responsibilities related to tribal energy advancement. Working with 

the Department of Energy’s Office of Indian Energy, the Center will provide a full 

suite of energy development-related services to tribes nationwide. The Center will 

coordinate and enhance BIA’s ability to process leases, BLM’s responsibility to approve and monitor Applications for Permits to Drill, and the ONRR responsibilities 

for royalty accounting; and will institute streamlined processes, standardized procedures, and best practices for development of conventional and renewable energy at 

various locations. 

The BIA has taken several steps to help tribes proactively steward Indian resources to support economic stability, promote tribal cultural heritage, and protect 

the environment in Indian country. The Department is requesting a $2.0 million increase to address subsistence management in Alaska. Alaska Native communities, 

among the most under-resourced in the country, are also at the highest risk of negative impacts to their basic cultural practices due to environmental changes, including climate change. The Department is committed to helping Alaska Native leaders 

build strong, prosperous and resilient communities. The funding will target areas 

across the state that promote tribal cooperative management of fish and wildlife and 

improve access to subsistence resources on Federal lands and waters. The budget 

also invests in stewardship of assets maintained by the BIA for the benefit of tribes. 

The budget proposes an additional $2.0 million for the Safety of Dams program. The 

program is currently responsible for 136 high or significant-hazard dams located on 

42 Indian reservations in 13 States. The program maintains and rehabilitates dams 

to protect communities in the floodplain downstream and to maintain the functions 

for which the dam was built. The program contracts with tribes to perform many 

aspects of the program. The budget also includes $1.0 million for deferred maintenance needs at regional and agency facilities to address safety, security, and handicap accessibility issues. 

Increasing Resilience of Natural Resources in Indian Country 

Tribes throughout the U.S. are already experiencing the impacts of a changing climate including drought, intensifying wildfires, changes in plants and animals important to subsistence and cultural practices, impacts to treaty and trust resources, 

and coastal erosion and sea-level rise. Executive Order 13653, Preparing the United 

States for the Impacts of Climate Change, called on the Federal government to partner with tribes across the U.S. in planning, preparing for, and responding to the 

impacts of climate change. 

With input from hundreds of tribal leaders, the budget provides a $15.1 million 

increase over FY 2016 across eight BIA trust natural resource programs to support 

tribal communities in preparing for and responding to the impacts of climate 

change. Funds will provide support for tribes to develop and access science, tools, 

training, and planning and to build resilience into resource management, infrastructure, and community development activities. Funding will also be set aside to support Alaska Native villages in the Arctic and other critically vulnerable communities 

in improving the long-term resilience of their communities. 

Tribal lands, particularly in the West and Alaska, are by their geography and location on the frontline of climate change, yet many of these communities face immense challenges in planning for and responding to the far-reaching impacts of climate change on infrastructure, economic development, food security, natural and 

cultural resources, and local culture. Some communities are already experiencing inVerDate Mar 15 2010 10:12 Jan 09, 2017 Jkt 023253 PO 00000 Frm 00018 Fmt 6633 Sfmt 6621 S:\DOCS\23253.TXT JACK
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creasingly devastating storms, droughts, floods, sea-level rise, and threats to subsistence resources. The budget supports climate change adaptation and resilience by 

funding training, studies, scenario planning, natural resource and infrastructure 

projects, public awareness and outreach efforts, capacity building, and other 

projects. 

Indian Settlements 

The FY 2017 budget request for Indian water rights settlements continues the Administration’s strong commitment to resolve tribal water rights claims and ensure 

that tribes have access to use and manage water to meet domestic, economic, cultural, and ecological needs. Many of the projects supported in these agreements 

bring clean and potable water to tribal communities, while other projects repair 

crumbling irrigation and water delivery infrastructure on which tribal economies depend. These investments not only improve the health and well-being of tribal members and preserve existing economies but, over the long term, also bring the potential for jobs and economic development. 

The FY 2017 Departmental budget for authorized settlements and technical and legal support involving tribal water rights totals $215.5 million, an increase of $4.6 

million from the FY 2016 enacted level. In FY 2016, the Department completed 

funding for the Taos Pueblos water settlement and, in FY 2017, will complete the 

funding requirements for the BIA portion of the Aamodt water rights settlement. 

To strengthen the Department’s capacity to meet its trust responsibilities and 

more effectively partner with tribes on water issues, the FY 2017 budget includes 

a $13.7 million increase across the operating budgets of BIA, Reclamation, BLM, the 

Fish and Wildlife Service, and the U.S. Geological Survey. This funding will support 

a robust, coordinated, Interior-wide approach to working with and supporting tribes 

in resolving water rights claims and supporting sustainable stewardship of tribal 

water resources. Funds will strengthen the engagement, management, and analytical capabilities of the Secretary’s Indian Water Rights Office; increase coordination 

and expertise among bureaus and offices that work on these issues; and increase 

support to tribes. 

The FY 2017 budget request also continues the Administration’s strong commitment to honor enacted land settlements. The budget includes $10.0 million to provide the Yurok Tribe in Northern California funds to acquire lands as authorized 

in the Hoopa-Yurok Settlement Act. The Act authorizes funding for the purpose of 

acquiring land or interests in land within, adjacent to, and contiguous with the 

Yurok Reservation from willing sellers. This one-time funding satisfies the Federal 

contribution. This funding for land acquisition supports efforts by the Yurok Tribe 

and partners in conservation to conserve 47,097 acres of the Klamath-Siskiyou 

ecoregion which will be managed as a salmon sanctuary and sustainable community 

forest. The conservation will ensure the health of the ecoregion and assist the Yurok 

community to revitalize its cultural heritage and develop a natural resource-based 

economy that supports and employs tribal members. 

Summary 

This FY 2017 budget maintains strong and meaningful relationships with Native 

communities, strengthens government-to-government relationships with federally 

recognized tribes, promotes efficient and effective governance, and supports nationbuilding and self-determination. The FY 2017 budget 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 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 Committee may have. 

The CHAIRMAN. Thank you very much, Mr. Roberts. 

Ms. RAMIREZ. 

STATEMENT OF LOURDES CASTRO RAMIREZ, PRINCIPAL 

DEPUTY ASSISTANT SECRETARY, OFFICE OF PUBLIC AND 

INDIAN HOUSING, U.S. DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

Ms. RAMIREZ. Chairman Barasso, Vice Chairman Tester, and 

members of the Committee, thank you very much for your partnerVerDate Mar 15 2010 10:12 Jan 09, 2017 Jkt 023253 PO 00000 Frm 00019 Fmt 6633 Sfmt 6601 S:\DOCS\23253.TXT JACK
16 

ship over the years and for this opportunity to discuss HUD’s fiscal 

year 2017 budget request. 

Specifically, it proposes investments in Native American, Alaska 

Native and Native Hawaiian communities. As you know, Native 

American people hold a special place in our Country’s history. They 

have made lasting contributions to every aspect of our Nation’s life, 

our commerce, our culture, our character and more. However, the 

sad truth is that far too many members of this community face significant barriers to decent and affordable housing. 

Studies show that Native people are more than three times as 

likely to live in overcrowded conditions. I witnessed these challenges firsthand when I travel to the Pine Ridge Reservation in 

South Dakota. I met families who were struggling to get by. 

When I asked them what one thing would make their lives better, a young girl from the community said, a house. She wanted to 

know why her family could not find a decent place to rent, a place 

she could call home. 

She explained that she has lived her entire life with her extended family in a small, overcrowded house and that her mother 

has been on the housing waiting list for nearly a decade. In her 

tribal community and in many others, it is all too common to see 

three or four families living together in a single, overcrowded 

home. 

She clearly recognized what we all do, that safe, affordable housing provides a foundation that every American needs to achieve 

their dreams. 

We have requested $700 million for the Indian Housing Block 

Grant Program, the largest single source of funding for affordable 

housing under the Native American Housing Assistance and Self 

Determination Act. We expect this eight percent funding increase 

to support block grants to 567 tribes in 34 States. 

HUD also requests $5.5 million for the Indian Housing Loan 

Guarantee Program to assist Native Americans across the income 

spectrum in buying a home and building wealth. We want to help 

local leaders surround this housing with the assets that every community needs to thrive such as jobs, roads and infrastructure. 

We are seeking $80 million for the Indian Community Development Block Grant Program, an increase of $20 million to spark economic development in tribal lands. I saw the impact of this funding 

during a recent visit with the Pascua Yaqui Nation in Arizona. 

The tribe leveraged IHBG and ICDBG funds to finance and build 

122 new affordable housing units including elderly housing and a 

community park in the town of Guadalupe. We want opportunity 

to reach every segment of society whether they are young or elderly, a family or a veteran returning from service overseas. 

That is why I request authorization of the President’s commitment to Native American youth by dedicating $20 million to further generation indigenous of government-wide initiatives to improve the lives and opportunities for Native youth. It is also why 

we are working to ensure that every veteran has a home. 

I thank members of this Committee for helping to create the tribal-HUD–VASH demonstration to assist brave Native Americans 

who served our Country and are now experiencing homelessness. 

17 

HUD and the VA awarded $5.9 million in rental assistance to 26 

tribes to assist 500 veterans. HUD is working closely with the VA 

and tribal partners to ensure that this demonstration succeeds in 

Indian Country. In fiscal year 2017, HUD requests $7 million to 

renew tribal-HUD–VASH. 

We recognize the right of Indian self-determination and tribal 

self-governance. We have fostered relationships that provide tribes 

the flexibility to design and implement place-based housing programs according to their local needs and customs. 

We strongly support the reauthorization of NAHASDA. The 

tribes have made great strides even in very challenging budgetary 

environments. HUD looks forward to working with this Committee 

and with Congress on this vital piece of legislation. 

Finally, HUD’s fiscal year 2017 budget represents the Administration’s strong commitment to Indian Country and recognizes the 

positive results that have been achieved through our Native American programs. 

We are proud of the strong and growing capacity that our tribal 

partners have demonstrated in putting their limited resources to 

work and increasing their ability leverage Federal dollars. 

Thank you again for the invitation to discuss our budget proposal. I look forward to the conversation today. 

[The prepared statement of Ms. Ramirez follows:] 

PREPARED STATEMENT OF LOURDES CASTRO RAMIREZ, PRINCIPAL DEPUTY ASSISTANT

SECRETARY, OFFICE OF PUBLIC AND INDIAN HOUSING, U.S. DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT

Thank you Chairman Barrasso, Vice Chairman Tester, and Members of the Committee, for this opportunity to discuss the Administration’s Fiscal Year (FY) 2017 

Budget Request for HUD, and how it addresses the housing and economic development needs in Indian Country. I also wish to acknowledge and thank the Committee’s staff, not only for coordinating this hearing, but also for their ongoing engagement with HUD staff on the many issues that impact Native American communities 

across our nation. 

The FY 2017 budget reflects the Administration’s overall commitment to ending 

homelessness, helping families and individuals secure quality housing, building 

stronger communities, and increasing economic mobility. This budget is built on evidence of what works and invests in strategies proven to pay dividends for families 

and communities. The funding requests for HUD’s Native American housing programs recognize the substantial need for decent, affordable housing and the significant economic hardship that exists in many Native American communities. 

As the Principal Deputy Assistant Secretary for Public and Indian Housing, I 

have had the opportunity to visit Native communities to learn first-hand about the 

issues and challenges the tribes face, see how tribal communities have successfully 

put HUD programs and funding to work in addressing their needs and priorities, 

and to hear directly from tribal leaders on what we need to do to strengthen and 

improve HUD’s policies and programs for Native Americans. Far too many Native 

American communities struggle with severely overcrowded housing, substandard living conditions, and significant barriers to economic opportunity. 

The FY 2017 Budget not only significantly increases funding in Native American 

housing programs, but proposes key initiatives to address the needs of Native youth 

and Veterans, expand housing and economic opportunity, and revitalize communities. 

HUD recognizes the right of Indian self-determination and tribal self-governance 

and has fostered relationships that provide tribes the flexibility to design and implement appropriate, place-based housing programs according to local needs and customs. HUD’s budget provides a total of $798 million to directly support housing and 

economic development in American Indian, Alaska Native, and Native Hawaiian 

communities nationwide. This is an increase of $80 million above the FY 2016 enacted level and is expected to support $698 million in block grants to 567 tribes in 

34 states. For the Indian Housing Block Grant (IHBG) program, the requested inVerDate Mar 15 2010 10:12 Jan 09, 2017 Jkt 023253 PO 00000 Frm 00021 Fmt 6633 Sfmt 6621 S:\DOCS\23253.TXT JACK
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1 HUD’s Indian Housing Block Grant Formula, http://portal.hud.gov/hudportal/HUD?src=/ 

programloffices/publiclindianlhousing/ih/codetalk/onap/ihbgformula 2 Continuity and Change: Demographic, Socioeconomic, and Housing Conditions of American 

Indians and Alaska Natives, HUD–PD&R, January 2014, pp. 60–61. 

crease of $50 million is long overdue. In the program’s 19-year funding history, annual appropriations have ranged from $600 million to $700 million, but the average 

annual appropriation has only been $639 million. Flat funding of this account has 

resulted in a significant decline in the program’s buying power over the years, due 

to inflation and the soaring costs of new home construction. The net effect has been 

a decline in unit production by program grantees, even though program expenditure 

rates are at 95 percent. For example, in the last 5 years, production of new units 

steadily declined from 2,679 units produced in FY 2011, to 933 units in FY 2016. 

Today, the U.S. Census reports that one out of every four Native Americans lives 

in poverty—including more than one-third of all Native American children. Far too 

many families live in unacceptable circumstances and face a future that lacks educational and economic opportunity. In the last 14 years (2003–2016), the number of 

low-income families in the Indian Housing Block Grant (IHBG) formula areas grew 

by almost 44 percent, and now exceeds 322,000 families. The number of overcrowded 

households, or households without adequate kitchens or plumbing, grew by 23 percent, to over 111,000 families. Finally, the number of families with severe housing 

costs grew by 58 percent, to over 66,000 families. 1

To put these numbers in greater perspective, American Indian and Alaska Native 

people living in tribal areas in 2006–2010 had a poverty rate and an unemployment 

rate that were at least twice as high as those rates for non-Indians nationally. 

American Indian and Alaska Native people in large tribal areas were more than 3 

times as likely to live in housing that was overcrowded, and more than 11 times 

as likely than the national average to live in housing that did not have adequate 

plumbing facilities. 2

I saw this for myself when I traveled to the Pine Ridge reservation in South Dakota to meet with tribal leadership, youth, housing officials, and senior representatives from several federal agencies. When asked by representatives of several federal agencies what one thing would make her life better, a young girl from a reservation got right to the point: ‘‘a house.’’ When many of us hear this, we assume 

she was echoing the American Dream of owning a home. But this young girl’s request was even simpler: she just wanted to know why her family could not find a 

decent place to rent—a place that she could call home. ‘‘My mom has been on the 

waiting list for nine years,’’ she matter-of-factly informed the group. She explained 

that she has lived her entire life with extended family in a small, overcrowded 

house. On her reservation and many others like it across Native American communities, it is all too common to see three or four families living together in a twobedroom home. 

In further support of this funding request increase, it is important to highlight 

the strong and growing capacity that our tribal partners have demonstrated in putting their limited federal resources to work. As you are aware, there is a unique 

relationship between the Federal Government and tribal governments, established 

by long-standing treaties, court decisions, statutes, Executive Orders and the United 

States Constitution. Each of the 567 federally recognized tribes has its own culture, 

traditions, and government. HUD recognizes the importance of tribal sovereignty 

and our government-to-government relationships with tribes in the administration 

of Native American programs, which are designed to provide flexibility to the tribes 

to allow them to decide how best to address their individual housing needs and economic priorities. 

Tribes have developed many innovative approaches that have improved the affordable housing, infrastructure, and public facilities available to eligible low-income 

families. In fact, HUD has implemented a process for collecting and sharing best 

practices by recipients of IHBG and Indian Community Development Block Grant 

(ICDBG) funds through the Office of Native American Program’s (ONAP) website, 

CodeTalk (www.hud.gov/codetalk). For example: 

• The Cherokee Nation in Oklahoma developed an automated tracking system for 

its housing programs, and has shared a description of how its environmental 

office uses i-Pads and wireless communications to access their system while in 

the field. 

• The Tagiugmiullu Nunamiullu Housing Authority on the on the Northern Slope 

of Alaska collaborated with the Cold Climate Housing Research Center to design and build 24 modern, super energy-efficient, affordable homes. Their ‘‘best 

practices’’ as described on the Codetalk website, feature not only the design of 

19 

the new homes, but how the housing entity leveraged its Indian Housing Block 

Grant and a Title VI loan to obtain additional funds to complete the project. 

• The Sault Ste. Marie Tribe of Chippewa Indians Housing Authority, in Michigan, describes its complicated, but successful efforts to finance the provision of 

water and sewer service to an existing subdivision. The tribe used some of its 

own money, and was also awarded grants from USDA-Rural Development, the 

Environmental Protection Agency, the Indian Health Service, and funding from 

HUD’s Indian Community Development Grant and Indian Housing Block 

Grant. 

• The Pascua Yaqui Tribe in Arizona has successfully built 122 new affordable 

housing units including a five-plex for the elderly within the Town of Guadalupe and leveraged IHBG funds with ICDBG funds to finance the construction 

of a community park to serve their affordable housing units. They have also 

built a maintenance warehouse and expanded their administrative building. 

This Administration’s FY 2017 Budget recognizes the critical needs in Indian 

Country, and is committed to expanding opportunities for individuals, families, and 

communities. 

Program Funding 

IHBG and Title VI Loan Guarantee Programs—For FY 2017, the Administration 

is requesting $700 million for the two programs authorized by the Native American 

Housing Assistance and Self-Determination Act of 1996 (NAHASDA), the aforementioned IHBG program, and the Title VI loan guarantee program. This is an increase 

of $50 million compared to the FY 2016 enacted funding. The IHBG program is the 

principal means by which HUD fulfills its trust obligations to low-income American 

Indians and Alaska Natives who live on Indian reservations or in other traditional 

Indian areas. The grant recipients are eligible tribal government entities or their 

designated housing entities (TDHEs), which deliver housing assistance to families 

in need. The Title VI loan guarantee program provides guaranteed loans for IHBG 

recipients that are in need of additional funds to engage in eligible affordable housing activities. Recipients leverage private market financing by pledging a portion of 

their IHBG grants as security to HUD in exchange for a 95 percent guarantee of 

any unpaid principal and interest due on a lender’s loan. 

With this requested $700 million in funding, HUD will distribute $698 million in 

block grant funds to approximately 369 recipients, representing tribes in 34 states. 

Combined with prior-year grant awards, this will allow tribal grantees to build, acquire, or substantially rehabilitate more than 5,000 affordable units in FY 2017. The 

funding will also allow grantees to operate and maintain approximately 40,000 

older, affordable ‘‘HUD units,’’ which were funded before NAHASDA was enacted. 

Other eligible uses for IHBG funds include, but are not limited to, the provision of 

housing counseling, crime prevention and safety activities for low-income residents, 

down payment assistance, tenant-based rental assistance, management of affordable 

housing properties, utility subsidies, energy auditing, loan making and processing, 

the acquisition of land on which to develop affordable housing, and administrative 

expenses. 

The $2 million in requested credit subsidy for the Title VI loan guarantee program can support up to $18 million in loans. IHBG recipients may use this program 

to borrow from private lenders up to five times the amount of the ‘‘need portion’’ 

of their annual IHBG program to fund larger, longer term housing developments. 

About five loans each year are guaranteed, but the size of the projects and the loans 

vary widely from tribe to tribe. 

The block grant and the Title VI loan guarantee program often work together, allowing grantees to leverage other sources of funds to maximum effect. For example, 

the Pojoaque Housing Corporation, in New Mexico, constructed a 30-unit rental 

housing development funded with: its IHBG; a 20-year, Title VI guaranteed loan 

originated by Century Bank; grant funds from HUD’s Rural Housing and Economic 

Development program; a Federal Home Loan Bank Affordable Housing Program 

Grant; and Low Income Housing Tax Credits. The Siletz Tribe, in Oregon, invested 

almost $70,000 of its block grant funds along with a $1.4 million Title VI loan to 

construct seven new, energy-efficient homes to be sold to tribal members. 

Indian Community Development Block Grant (ICDBG) Program—HUD’s FY 2017 

request also includes $80 million for the ICDBG program, which is funded through 

the CDBG program and awarded competitively. This funding request represents an 

increase of $20 million in comparison to the FY 2016 enacted level. ICDBG funding 

is used for many different types of housing and community development activities, 

such as economic development activities, addressing imminent threats to a community’s health and safety, projects that make communities more resilient to weather 

20 

and climate change, projects that support at-risk Native youth, and mold remediation and prevention. For example, the Kickapoo Traditional Tribe of Texas used 

ICDBG funds to construct a community wellness center for tribal members. The 

Wellness Center has a gymnasium, computer lab, physical therapy pool, a cafeteria 

and dining area, and hosts various enrichment programs for children, teens, and the 

elderly. Of the $80 million for ICDBG, up to $20 million will be set aside to assist tribes 

in addressing the needs of Native American youth. This initiative is part of President Obama’s Government-wide effort, Generation Indigenous, to improve the lives 

and opportunities for Native American youth, who are the future of Indian Country. 

Under this proposal, tribes will be able to compete for funding for community 

projects that will help to improve outcomes for Native youth, such as construction 

or renovations of community centers, health clinics, transitional housing, pre-school/ 

Head Start facilities and teacher housing to attract and retain high-quality teachers. 

Indian Housing Loan Guarantee Program—The Department is also requesting $5.5 million for the Indian Housing Loan Guarantee program (also known as the 

Section 184 program). The request will support up to $1.3 billion in loan guarantees. 

To meet anticipated program demand with a funding level of $5.5 million, HUD is 

planning to implement a modest 10 basis point increase in the annual fee. HUD will 

conduct outreach to tribes in advance of this fee increase. 

The program provides an incentive for private lenders to market loans to American Indians and Alaska Natives by guaranteeing 100 percent repayment of the unpaid principal and interest due in the event of a default. HUD approved lenders receive a loan guarantee in exchange for making market-rate mortgage loans to American Indians and Alaska Native families, Indian tribes, and tribally-designated 

housing entities to purchase, construct, refinance or rehabilitate single-family homes 

on trust or restricted land and in tribal areas of operations. The program makes 

homeownership a realistic option for tribal members across the income spectrum. 

Tribes can use the program to diversify the type of housing on native lands by developing housing for homeownership or as long-term rentals without affordability restrictions. 

Native Hawaiian Housing Block Grant (NHHBG): The Department requests 

$500,000 for FY 2017 for the NHHBG program, which was not funded in FY 2016 

due to the existing amount of carryover funding to support program activities. Since 

its inception in FY 2002, the Department of Hawaiian Home Lands, which is the 

sole grantee, has built, acquired, or rehabilitated 601 affordable homes on Hawaiian 

home lands, using NHHBG funds. In addition, 325 lots had been improved with infrastructure development to support construction of new homeownership units. 

Three community centers have been rehabilitated, which provide services to affordable housing residents. And, more than 1,600 individuals and families have received 

housing services, such as pre-and post-homebuyer education, financial literacy training, and/or self-help home repair training to sustain safe, decent homeownership 

housing. In FY 2016, the infrastructure for 278 more lots is scheduled to be completed, and it is expected that 30 new homes and their related infrastructure will 

be built each year in FY 2016 and FY 2017. 

Key Initiatives 

In addition to the increased funding for HUD’s Native American programs, the 

Budget includes several proposals that would replicate successful public housing 

and voucher initiatives in Indian Country. These initiatives have been modified 

where necessary to meet the specific needs and unique circumstances of Indian 

Country. 

Tribal HUD–VASH—HUD’s FY 2017 Budget also provides funding to support the 

Tribal HUD-Veterans Affairs Supportive Housing (VASH) demonstration program. 

Since FY 2008, HUD has partnered with the Department of Veterans Affairs (VA) 

to provide rental assistance and supportive services to homeless veterans. This successful program has assisted over 151,000 homeless veterans. However, until FY 

2015, this program was unable to reach Native American veterans in tribal communities because tribes or their designated housing entities were not eligible to manage housing choice vouchers. 

Recognizing the need to extend this successful program to the brave Native Americans who served our country in the Armed Forces and are now experiencing homelessness or are at-risk of homelessness on or near a reservation or other Indian 

areas, Congress authorized and funded the Tribal HUD–VASH demonstration in FY 

2015. Under this demonstration, $5.9 million in rental assistance from HUD has 

been made available to 26 tribes. Combined with case management services through 

the VA, this demonstration is expected to assist approximately 500 homeless Native 

American veterans. 

21 

For FY 2017, HUD is requesting $7 million to renew the Tribal HUD–VASH rental assistance. We are working closely with the VA, the United States Interagency 

Council on Homelessness, and our tribal partners to ensure that the Tribal HUD– 

VASH demonstration meets the needs of homeless veterans in Indian Country as 

effectively as it has in the rest of the country. HUD is further proposing that any 

funds that remain available after the renewal funds (and associated administrative 

fees) are used to provide additional rental assistance to eligible recipients under the 

Tribal HUD–VASH demonstration so that we can increase the number of veterans 

served, in addition to sustaining the existing program. 

Jobs-Plus Pilot for Indian Country—HUD is requesting funding in FY 2017 to 

support the Jobs-Plus Initiative, an evidence-based strategy for increasing the employment opportunities of public housing residents through a three-pronged program 

of employment services, rent-based work incentives, and community support for 

work. Of the $35 million requested, HUD is proposing that up to $5 million would 

be made available for tribes and tribally designated housing entities (TDHEs). The 

program would be tailored to the specific needs of tribal communities; however, core 

components of Jobs-Plus would remain the same—financial incentives, job promotion and training activities for tribal members and clients of the TDHEs, community support for work, and connections to employment opportunities. 

ConnectHome—On July 15, 2015, President Obama and HUD Secretary Castro 

announced the selection of 27 cities and one tribal nation, the Choctaw Nation of 

Oklahoma, to participate in ConnectHome. Under this pilot, eight Internet service 

providers are partnering with the participating jurisdictions to bridge the gap in 

digital access by providing discounted broadband Internet service to families that 

reside in HUD-assisted housing. The Choctaw Nation, Cherokee Communications, 

Pine Telephone, Suddenlink Communications, and Vyve Broadband are working together to ensure that over 425 tribal housing residents have access to low-cost, highspeed Internet. Best Buy is also offering computer training and technical support 

to expand the impact of broadband access for the Choctaw Nation. 

HUD is requesting $5 million in 2017 to support this pilot. The requested funding 

will be used to award competitive grants that increase broadband access and adoption, such as grants to hire and train program coordinators. The coordinator would 

serve as the primary link between the public housing authority or the tribally-designated housing entity, the Internet Service Provider, and federal, State, and local 

partners. On February 24th, 2016, HUD provided guidance to all tribal government 

and tribal housing leaders on using IHBG, Title VI, and ICDBG funds to expand 

broadband connectivity in their low-income communities. 

Choice Neighborhoods—HUD is requesting $200 million for Choice Neighborhoods 

for FY 2017. Tribes and tribally-designated housing entities are eligible to apply for 

Choice Neighborhoods funding. The Choice Neighborhoods program provides competitive grants to transform neighborhoods of concentrated poverty into sustainable, 

mixed-income communities, with a focus on improved housing, successful residents, 

and vibrant neighborhoods. Building on the success of the HOPE VI program, 

Choice Neighborhoods leverages significant funds and fosters partnerships, giving 

communities the ability to address persistent violent crime, create connections to job 

opportunities, and improve schools in order to change the trajectories of families living in those neighborhoods. Choice Neighborhoods provides two kind of grants: (1) 

Implementation Grants, which allow communities to put their plans for neighborhood revitalization into effect; and (2) Planning and Action Grants that support the 

development of comprehensive strategies along with critical community improvement projects. 

Collaborative Initiatives 

Tribal Consultation Policy—While cross-agency collaboration and coordination between Federal agencies and local stakeholders is essential to effectively address the 

needs of Indian Country, at its core, HUD’s most important partner in this endeavor 

remains the tribes and their housing entities. Tribal leaders must be empowered to 

develop their own solutions to the challenges that may face their communities. HUD 

is finalizing a Tribal Consultation Policy that will give tribes a stronger voice in 

shaping HUD’s work in Native communities. 

Negotiated Rulemaking—HUD participated in a negotiated rulemaking committee 

with 24 tribal representatives concerning the Indian Housing Block Grant (IHBG) 

funding formula. This committee last met in January 2016 to finalize the last set 

of proposed changes to the regulations governing the IHBG formula. The Department is currently finalizing a draft of the proposed rule for review by the Office of 

Management and Budget as a precursor to a Federal Register publication of the proposed rule for general public comment. 

22 

HUD also strongly supports the reauthorization of NAHASDA, which authorizes 

the single largest source of Federal funding for housing in Indian Country. The 

tribes have made great strides under this seminal piece of legislation, even in very 

challenging budgetary environments. 

Place-Based Initiatives—HUD has also been an active participant in the ongoing 

interagency efforts to address the significant housing, capacity, and infrastructure 

needs on the Pine Ridge reservation, which has been designated as one of the Administration’s Promise Zones. The Promise Zone is a 10-year designation, and HUD 

is partnering with over a dozen Federal agencies to help on-going efforts to spark 

growth and increase opportunities for the residents of Pine Ridge. 

Environmental Reviews—HUD is teaming up with other federal partners to bring 

the benefits of interagency collaborative initiatives to our Native American stakeholders. A GAO report in March 2014 identified differing environmental review requirements among agencies as a challenge that delays projects and increases costs 

when tribes combine funding sources. Subsequently, HUD was directed by the Senate Report accompanying the FY 2015 Transportation and Housing and Urban Development and Related Agencies Appropriations Bill to lead a working group of Federal agencies to develop a coordinated environmental review process for housing and 

housing-related infrastructure in Indian Country. HUD worked with the Council on 

Environmental Quality, the Environmental Protection Agency, the Department of 

Agriculture, the Department of the Interior’s Bureau of Indian Affairs, and other 

Federal agencies to complete a report to Congress with findings and recommendations on streamlining the Federal environmental review process, entitled ‘‘Coordinated Environmental Review Process Final Report.’’ HUD wishes to recognize and 

thank all the tribal leaders who helped with this process—their insights and participation throughout the process have been invaluable, and almost all of the report 

recommendations stem directly from their feedback. HUD continues to lead the 

group as it works to implement the report’s recommendations. 

Technical Assistance—HUD recognizes the importance of assisting tribes and 

their housing entities to increase their capacity and technical expertise. The FY 

2017 budget proposes that Native American technical assistance be funded through 

transfers into the Department-wide Research and Technical Account managed by 

HUD’s Office of Policy, Development and Research (PD&R). Program transfers for 

these purposes reflect the Department’s commitment to the progress made toward 

cross-programmatic, better-targeted technical assistance and capacity building. 

HUD intends to allocate $5 million in program transfers to Native American technical assistance activities. While PD&R will manage the funding award process, 

ONAP will continue to seek input from tribes on the needs and will retain decisionmaking authority on the awards. 

Comprehensive Housing Needs Study—Finally, HUD’s Office of Policy Development and Research is close to completing the most comprehensive national housing 

survey of American Indians and Alaska Natives on tribal lands. The study’s objective is to provide clear, credible, and consistent information to assess the housing 

needs and conditions in Native American communities. The study will also present 

information on how tribes are using NAHASDA funds and will analyze the successes and barriers to Section 184 mortgage lending in Indian Country. The study 

will inform policy, allow HUD to serve tribes more effectively, and provide comprehensive data that the tribes can use in assessing the needs of their communities 

and formulating the strategies they will employ to best address those needs. 

In closing, this Budget represents the Administration’s strong commitment to Indian Country, and recognizes not only the immense challenges facing tribes, but also 

positive results that have been achieved to-date through HUD’s Native American 

programs. Since 1998, IHBG recipients have built or acquired more than 38,000 affordable homes and supported more than 78,000 rehabilitation projects in Indian 

Country. The Section 184 program has guaranteed more than 31,000 loans for more 

than $5.2 billion. American Indian and Alaska Native communities have increased 

their capacity to responsibly administer housing programs that are a good fit for 

their respective populations, geographies, and circumstances, investing more than 

$13 billion in HUD funds since 1998 to build their communities. Through a combination of increased funding for Native American programs and new initiatives for 

Indian Country, this Budget request builds toward a future where all Americans, 

including the First Americans, have the opportunity to achieve and sustain economic mobility. 

The CHAIRMAN. Thank you, Ms. Ramirez. 

Ms. SMITH. 

23 

STATEMENT OF MARY SMITH, PRINCIPAL DEPUTY DIRECTOR, 

INDIAN HEALTH SERVICE, U.S. DEPARTMENT OF HEALTH 

AND HUMAN SERVICES 

Ms. SMITH. Good afternoon, Chairman Barrasso. Thanks so much 

for this opportunity today. 

I am Mary Smith, Principal Deputy Director of the Indian Health 

Service. I have only been in my job as Principal Deputy Director 

for a little over a week, although I have been at the agency for 

slightly longer. I served approximately five months in the role of 

Deputy Director. 

It has become quite clear to me that while the IHS is firmly committed to the mission of providing quality health care for American 

Indians and Alaska Natives, we face steep operational and quality 

of care challenges. This situation is unacceptable. 

I do want to thank this Committee. I know it was little over a 

month ago that this Committee held an oversight hearing on the 

Indian Health Service. We appreciate the opportunity and the leadership that you have shown to shine a light on these issues. I firmly believe that if we are not talking about them, then we are not 

addressing them. 

I appear before you today to underscore my commitment to fixing 

these challenges including the Great Plains and the more systemic 

issues we face as an agency such as staffing and housing. 

We are committed to fixing these issues not simply in the short 

term but so that the changes are sustainable over time. I and the 

rest of the team at IHS are committed to creating a culture of quality, leadership and accountability. It is far from business as usual 

at the Indian Health Service. 

With that preamble, I am pleased to provide testimony on the 

President’s proposed fiscal year 2017 budget for IHS, which will 

allow us to continue to make a difference in addressing our agency 

mission to raise the physical, mental, social and spiritual health of 

American Indians and Alaska Natives. I am committed to working 

with our partners, including this Committee, to provide access to 

quality health care to Native Americans. 

The President’s fiscal year 2017 budget proposes to increase the total IHS program budget to $6.6 billion, which will add $402 million to the fiscal year 2016 enacted level and if appropriated, this 

funding level would represent a 53 percent increase in funding for 

the Indian Health Service since fiscal year 2008. 

The overall funding increases proposed in the President’s budget 

are consistent with tribal priorities and will continue to address 

longstanding health disparities among Alaska Natives and American Indians. 

Specific investments include expanding behavioral and mental 

health services; improving health care quality, capacity and work 

force; supporting self-determination by fully funding contract support costs; and ensuring health care access through addressing critical health care facility infrastructure needs. 

The President’s budget proposal includes for pay costs, inflation 

and population growth increases that are critical to maintaining 

the budgets of IHS and tribal hospitals. The budget includes program increases of $49 million of which $46 million will be focused on critical behavioral health services, 

24 

including generation indigenous substance abuse and suicide prevention projects, increasing the number of child and adolescent behavioral professionals, continued integration between medical, behavioral health and tribal community organizations and domestic 

violence prevention programming. 

I am pleased to report that the budget includes a new proposal, 

a two-year, mandatory proposal to address mental and behavioral 

health. This proposal includes a new $15 million tribal crisis response fund which would allow IHS to expeditiously assist tribes 

experiencing behavioral health crises and an additional $10 million 

to increase the number of behavioral health professionals through 

the American Indians into Psychology programs, IHS scholarships 

and loan repayment programs. 

The budget also includes funds for infrastructure that are critical 

to health care delivery and to fund newly constructed facilities. I 

do want to acknowledge that we are aggressively working to address quality of care issues at all three of our facilities in the Great 

Plains area, Omaha-Winnebago, Rosebud and Pine Ridge. 

The challenges there are longstanding, especially around recruitment and retention of providers but the deficiencies cited by CMS 

are unacceptable. We have an intense effort underway right now 

and have deployed Commissioned Corps Officers from throughout 

HHS. 

The Acting Deputy Secretary is convening an Executive Council 

on Quality that will bring to bear all the resources of the department to assist IHS. We have also established a new deputy position 

to focus on quality of care. 

We look forward to working in partnership with you to enact the 

President’s budget. I want to emphasize we take these challenges 

to delivering high quality care very seriously. You have my commitment that we will work tirelessly to make meaningful, measurable 

progress. 

[The prepared statement of Ms. Smith follows:] 

PREPARED STATEMENT OF MARY SMITH, PRINCIPAL DEPUTY DIRECTOR, INDIAN

HEALTH SERVICE, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

Chairman and Members of the Committee: 

Good morning. I am Mary Smith, Principal Deputy Director of the Indian Health 

Service (IHS). Accompanying me today are Elizabeth Fowler, Deputy Director for 

Management Operations, and Gary Hartz, Director of the Office of Environmental 

Health and Engineering. I am pleased to provide testimony on the proposed FY 

2017 President’s Budget for the IHS, which will allow us to continue to make a difference in addressing our agency mission to raise the physical, mental, social, and 

spiritual health of American Indians and Alaska Natives (AI/ANs) to the highest 

level. 

The IHS is an agency within the Department of Health and Human Services 

(HHS) that provides a comprehensive health service delivery system for approximately 2.2 million AI/ANs from 567 federally recognized Tribes in 36 states. The 

IHS system consists of 12 Area offices, which are further divided into 170 Service 

Units that provide care at the local level. Health services are provided through facilities managed directly by the IHS, by Tribes under authorities of the Indian SelfDetermination and Education Assistance Act, through services purchased from private providers, and through Urban Indian health programs. 

As an agency we are committed to ensuring a healthier future for all AI/AN people, and the IHS budget is critical to our progress in accomplishing this. From FY 

2008 through FY 2016, IHS appropriations have increased by 43 percent thanks in 

part to your committee, and these investments are making a substantial impact in 

the quantity and quality of health care we are able to provide to AI/ANs. The FY 

25 

2017 President’s Budget proposes to increase the total IHS program level to $6.6 

billion, which will add $402 million to the FY 2016 enacted funding level, and if 

appropriated, this funding level would represent a 53 percent increase in funding 

for the IHS since FY 2008. 

The overall funding increases proposed in the President’s Budget are consistent 

with tribal priorities and would continue to address long-standing health disparities 

among AI/AN, compared to other Americans. Specific investments include expanding 

behavioral and mental health services, improving health care quality, capacity, and 

workforce, supporting self-determination by fully funding Contract Support Costs 

(CSC) of Tribes who manage their own programs, and ensuring increased health 

care access through addressing critical health care facilities infrastructure needs. 

Prioritizing Health Care Services 

More specifically, the President’s Budget proposal includes funding for pay costs, inflation and population growth increases totaling $159 million, which are critical 

to maintaining the budgets of our IHS and Tribal hospitals, clinics and other programs at current year levels, and ensure continued support of services that are vital 

to improving health outcomes. The Budget also includes program increases of $49 million to grow health care 

services by targeting funding increases to help close the gap in health disparities 

experienced by AI/AN and improve their overall health and well-being. Of the $49 

million, $46 million will be focused on critical behavioral health services, including 

$15 million for Generation Indigenous substance abuse and suicide prevention 

projects to increase the number of child and adolescent behavioral professionals; $21 

million to fund continued integration between medical care, behavioral health, and 

Tribal community organizations to provide the entire spectrum of prevention to impact health outcomes; $4 million to fund implementation of pilot projects for the 

Zero Suicide Initiative in IHS, Tribal, Urban (I/T/U) organizations; $2 million to 

fund a youth pilot project to provide a continuum of care for AI/AN youth after they 

are discharged and return home from Youth Regional Treatment Centers; and $4 

million for domestic violence prevention to fund approximately 30 additional I/T/U 

organizations. And $3 million to expand services provided through the Catastrophic 

Health Emergency Fund and Urban Indian Health Programs. 

Improving the Quality of Health Care Delivery 

The Budget includes funding increases intended to strengthen the provision of high-quality care. The Budget proposes an additional $20 million for health information technology (IT) to fund improvement, enhancement, modernization, and security of health IT systems used for patient care data. And an additional $2 million 

for the IHS Quality Consortium, which will coordinate quality improvement activities among the 27 IHS Hospitals, Critical Access Hospitals and over 200 Outpatient 

Ambulatory Clinics to reduce hospital acquired conditions, avoidable readmissions, 

support the IHS Quality Consortium Work Plan with associated buildup of professional Quality staff and development of a National QualityManager Council. Additionally, this funding would help to address recent standard of care issues at three 

of our Great Plains Area hospitals. 

Increasing Access to Quality Health Care Services through Improved 

Infrastructure 

The Budget includes funds for infrastructure that is critical to health care deliv- ery. Funding increases totaling $43 million are proposed as follows: $33 million to 

fund additional staff for five newly-constructed facilities opening between 2016 and 

2017, including three Joint Venture facilities where Tribes funded the construction 

and equipment costs; $9 million for Tribal clinic leases and maintenance costs, specifically where Tribal space is ineligible for IHS Maintenance and Improvement 

funds, such as Village Built Clinics in Alaska; $.5 million to provide additional 

funds in reducing the maintenance backlog of $473 million at Federal and Tribal 

facilities. 

In addition, a total budget of $133 million is proposed, (1) to complete construction of the Phoenix Indian Medical Center Northeast Ambulatory Care Center ($53 million), (2) to begin design of the White River Hospital ($15 million), (3) to continue 

construction of the Rapid City Health Center ($28 million), (4) to continue construction of the Dilkon Alternative Rural Health Center ($15 million), (5) to fund the 

Small Ambulatory Grants Program ($10 million), and (6) to fund the replacement 

and addition of new staffing quarters in isolated and remote locations to enhance 

IHS recruitment and retention of health care professionals ($12 million). 

Public and private collections represent a significant portion of IHS and Tribal 

health care delivery budgets and are critical to support the IHS priority to improve 

the quality of and access to care. Third party collections from Medicare, Medicaid, 

26 

the Veterans Health Administration, and private insurance allows IHS and contracting tribes to provide additional health care services, purchase new equipment, 

hire necessary medical staff, and make essential building improvements. IHS estimates that in FY 2017 it will collect approximately $1.2 billion in funds from Medicare, Medicaid, private insurance companies, and the Department of Veterans Affairs. 

Supporting Indian Self-Determination 

The Budget supports self-determination by continuing the separate indefinite appropriation account for CSC through FY 2017. Additionally, the Budget proposes to 

reclassify CSC as a mandatory, 3-year appropriation in FY 2018, with sufficient increases year over year to fully fund the estimated need for both the IHS and the 

Bureau of Indian Affairs. This funding approach continues the policy to fully fund 

CSC and helps to support self-determination. 

Mandatory Funding Proposal for Mental Health Initiatives 

The Budget includes a HHS-wide 2-year mandatory proposal to address mental 

and behavioral health. For the IHS, the proposal includes a new $15 million Tribal 

Crisis Response Fund, which would allow the IHS to expeditiously assist Tribes experiencing behavioral health crises, and an additional $10 million to increase the 

number of AI/AN behavioral health professionals through the American Indians into 

Psychology program and IHS scholarships and loan repayment programs. 

Legislative Proposals 

I would also like to highlight two of our legislative proposals. First, IHS is seeking 

a consistent definition of ‘‘Indian’’ in the Affordable Care Act (ACA). Currently, the 

ACA includes different definitions of ‘‘Indian’’ when outlining eligibility requirements for certain coverage provisions. These definitions are not consistent with eligibility requirements used for delivery of other federally supported health services 

to AI/AN under Medicaid, the Children’s Health Insurance Program, and the IHS. 

The Budget proposes to standardize ACA definitions to ensure all AI/ANs will be 

treated equally with respect to the Act’s coverage provisions, including access to 

qualified health plans with no cost sharing. 

IHS is also seeking permanent reauthorization of the Special Diabetes Program 

for Indians (SDPI). The SDPI grant program provides funding for diabetes treatment and prevention to approximately 301 I/T/U health programs. Most recently, 

the SDPI has been reauthorized through September 2017. Reauthorization of the 

SDPI beyond FY 2017 will be required to continue progress in the prevention and 

treatment of diabetes in AI/AN communities. Permanent reauthorization allows the 

programs more continuity and the ability to plan more long term interventions and 

activities. 

Great Plains Hospitals 

Finally, I want to acknowledge that we are working aggressively with the full 

support of the HHS to address quality of care issues at three of our facilities in the 

Great Plains Area—Winnebago, Rosebud, and Pine Ridge. The challenges there are 

long-standing, especially around recruitment and retention of providers, but the deficiencies cited in the reports by the Centers for Medicare and Medicaid Services 

(CMS) are unacceptable. We have an intense effort underway right now through our 

corrective action plans to address the problems cited by CMS at these three hospitals. We brought in independent third-party reviewers to advise us on addressing 

the specific deficiencies found by CMS. The equipment identified in the CMS findings has already been replaced or procurement actions are underway. To further assist with addressing and implementing corrective actions, additional U.S. Public 

Health Service officers are supplementing IHS personnel in the Great Plains Area. 

I am also pleased to report that as part of our continuing workforce improvement 

efforts we recently received approval for an emergency department physicians’ pay 

package. At the same time, we are working to improve communications with the 

Tribes impacted. More broadly, we are redoubling their efforts to ensure that sustained, quality care is delivered consistently across IHS facilities. The HHS Secretary established the Executive Council on Quality Care, in which IHS is an active 

participant, and we are partnering with CMS to establish an agreement that will 

address systemic issues. As part of these longer-term efforts to make sustained 

change, we transformed our Hospital Consortium into a Quality Consortium and I 

have a new Deputy Director, Dorothy Dupree, who will work across the IHS to solely focus on quality improvement. We are also developing a strategic framework and 

sustainability plan for the Great Plains Area, in consultation with the Tribes, that 

is agile and will be used to evaluate and ensure quality across the entire system. 

27 

I close by emphasizing that even with all the challenges we face, I know that, 

working together throughout HHS, with our partners across Indian Country and in 

Congress, we can improve our Agency to better serve Tribal communities. I appreciate all your efforts in helping us provide the best possible health care services to 

the people we serve, and in helping to ensure a healthier future for American Indians and Alaska Natives. 

Thank you and I am happy to answer any questions you may have. 

The CHAIRMAN. Thank you, Ms. Smith. 

Mr. PAYMENT. 

STATEMENT OF AARON PAYMENT, RECORDING SECRETARY, 

NATIONAL CONGRESS OF AMERICAN INDIANS 

Mr. PAYMENT. Chairman Barrasso and members of the Committee, on behalf of the National Congress of American Indians, I 

would like to thank you for holding this important hearing. 

The Federal budget for Indian programs is one of the key measures of how and whether the Federal Government is fulfilling its 

trust responsibility toward tribal governments. Respect for tribal 

self-determination is essential for the ability of tribal governments 

to meet the basic public needs of our citizens. 

Due to historical underfunding, inconsistent Federal budgets and 

recent fluctuations in Federal funding, tribes have faced continued 

emergencies in meeting the health, education and public safety 

needs of our citizens. 

NCAI’s written testimony calls for equitable funding for tribal 

governments across the board and then addresses specific proposals 

in the Administration’s budget. NCAI, in collaboration with tribal 

partners, has developed many more recommendations in the fiscal 

year 2017 Indian Country budget request. We ask that the document be entered into the record. 

Overall, we appreciate the cross-agency coordination in this 

budget request and encourage Congress to recognize that the budgetary needs of Indian Country must be addressed across Federal 

agencies to be successful. It is not enough to boost funding for education and public safety without also addressing the need for housing for teachers and law enforcement personnel. A great example 

of collaboration is the TIWAHE initiative which is a pilot program 

that addresses family and community well being. 

We have to tackle the interrelated problems of poverty, violence, 

substance abuse and unemployment in Indian Country in a holistic 

manner. In the last few years, we have seen tremendous progress 

in the Federal budget in the Congress’ support for Indian Country 

and self-determination. 

The fiscal year 2016 Omnibus included substantial increases for 

the BIA, BIE, IHS, and other core tribal government programs that 

we are hopeful the fiscal year 2017 budget will build upon and 

those investments made in Indian Country. 

Although tribes have made some progress, there are key examples of egregiously underfunded services. I am appalled by what 

happened in Flint. Over 200 of members of my tribe were affected 

by this. 

I am glad that Congress and the rest of the Nation are paying 

closer attention to what can happen when community infrastructure breaks down. I am equally appalled that no one is paying 

28 

enough attention to the infrastructural needs in Indian Country 

which lag far behind the rest of the Country. 

Our citizens have been living under comparable conditions for 

decades with no plan for addressing the infrastructure problems in 

Indian Country. I ask you to consider this when the U.S. Commission on Civil Rights issues its updated report on the ‘‘Quiet Crisis’’ 

later this year. 

This independent, bipartisan commission is undertaking a congressionally requested review of the Federal funding of unmet 

needs and obligations in Indian Country. We call on Congress to 

consider that long term prioritization of core tribal programs is necessary to reverse the trends and historical underfunding that have 

had longstanding, detrimental impacts on the Nation’s first people. 

BIA provides the funding for core tribal governmental services 

such as law enforcement and tribal courts, Indian child welfare, social services, education, roads and energy development. NCAI urges 

Congress to adopt at least a five percent increase for the BIA’s 

budget to counteract the historical underfunding of this agency. 

Fiscal year 2013 BIA funding has increased by about 24 percent. 

We are grateful for that but when adjusted for inflation, the fiscal 

year 2016 enacted level is below the fiscal year 2013 level by about 

5 percent. 

IHS faces major funding disparities as well compared to other 

Federal health care programs. The Administration’s budget proposes an eight percent increase for IHS overall for a total of $5.2 

billion. We are grateful for that, yet the IHS Tribal Budget Formulation Work Group requested $6.2 billion to maintain current services and provide for program expansions in the areas of preventative and behavioral medicine. This would be a great step toward 

meeting the $30 billion overall need in IHS. 

Lastly, I want to address a few of the legislative proposals in the 

fiscal year 2017 budget request that we urge this Committee to 

support. 

Those items are reclassification of contract support costs as mandatory which we have been working on, and I am grateful, permanently authorizing the special diabetes program for Indians and a 

Carcieri fix, including language and appropriations bills or passing 

legislation in these areas would provide great benefits to Indian 

Country. 

Congress must answer the moral and legal call to action so that 

Native people can look forward to improved prosperity and 

progress for future generations. Where tribes exercise self-determination, success stories abound but we need you in partnership 

with tribal governments to pass a Federal budget in Indian Country that reflects and honors the trust responsibility of the United 

States. 

I want to thank you and I am happy to answer any questions 

that you may have. 

[The prepared statement of Mr. Payment follows:] 

29 

PREPARED STATEMENT OF AARON PAYMENT, RECORDING SECRETARY, NATIONAL

CONGRESS OF AMERICAN INDIANS


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The CHAIRMAN. Thank you very much, Mr. Payment. We appreciate your comments. 

Ms. Smith, I would like to start with you because I agree with 

your comments about the challenges, the situation being unacceptable and that if we are not talking about the problems we are not 

addressing them and focusing on quality, leadership, accountability, and aggressively working, specifically in the Great Plains 

area. 

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cause of the concern we have regarding the conditions of the Indian 

Health Service and the Great Plains area specifically. 

In fiscal year 2016 and I know you have only been on the job a short period of time, Congress appropriated $2 million specifically 

to help address some of these emerging issues. Despite how dire 

the conditions are in the Great Plains area, it took the Administration several months to even figure out what to do with the $2 million in appropriated funds. I know you were not there at the time. 

Meanwhile, the facilities in the area have lost their Medicare 

provider status or are on the verge of losing it and patients and 

facilities ultimately pay the price. I know the funds would not have 

solved all of the problems in the area, but they were appropriated 

for the specific purpose and I think they could have made a difference. 

Do you know why it takes the Administration so long to figure 

out what to do with the funds? 

Ms. SMITH. First of all, I do want to thank the Senators for this 

funding. I think the funding you are referring to was allocated to 

any facility that had received a notice of deficiency from the Centers for Medicare and Medicaid. That was $2 million and we are 

greatly appreciative. 

I will let you know that we have decided to use that funding to 

replace equipment, some of the needs cited by CMS. We started replacing that equipment and getting the procurements in process before we were able to apportion the money. 

I will tell you it was a process and it was a thoughtful process 

because we wanted to make sure the funds were distributed equitably. We had three facilities that were eligible for the funding. 

We agreed for the first million, we would divide them equally. 

We wanted to make sure all the tribal communities had access to 

the funds. 

The second million, we wanted to make sure we went with the 

Senate’s intent for that money to replace possible lost billings. The 

second million would be allocated according to past collections. 

Then we went through what equipment was needed. However, I 

would make it clear that the equipment at Rosebud cited by CMS, 

we had already either replaced that equipment or put it in procurement. That is money on top of the $2 million. We have decided with the $2 million we will replace at each facility the central monitoring unit which is a unit that pretty much 

holds the entire hospital together. I understand those funds will be 

available to the area this week. 

Thank you again. 

The CHAIRMAN. Looking at the entire funding issue, the Health 

and Human Services Acting Deputy Secretary, Mary Wakefield, 

testified in this Committee in February that under the Administration, funding for the Indian Health Service actually increased by 43 

percent over the past number of years. We continue to hear that 

the Service is underfunded. 

To me, a big problem seems to be issues related to transparency 

and accountability. You used some of those words in your testimony. People do not always seem to know exactly where the money 

is going. I am hoping you can help us get a better understanding. 

You may have to get back to us with this. 

42 

For the last fiscal year and prior years under this Administration, what percentage of the appropriated funds was used for patient care? That is what we heard about a lot in the discussion, 

that less is being used for patient care whereas a larger percentage 

is used for administrative and other purposes. 

If you could get that to us in terms of the percentages and actual 

dollar figures, we are all looking for this accountability and getting 

an understanding. May I have your agreement? 

Ms. SMITH. Certainly, Senator. We will get that to you. 

The CHAIRMAN. You raised the issue of the Great Plains. The 

Committee received a letter this past week from the Great Plains 

Tribal Chairmen’s Association about the situation in the Great 

Plains. You are familiar with the situation, obviously. It asks that 

we take swift action to ensure that the Indian Health Service and 

the Department of Health and Human Services is working to address the immediate needs of Indian people in the Great Plains. 

It goes on to say that the crisis in the Great Plains continues to 

escalate even after the hearing last month. An example is the impact of diverting patients from the Rosebud Indian Health Service 

emergency room. People are dying in transit to non-Indian hospitals in surrounding communities. The other hospitals are becoming overwhelmed with about a 67 percent spike in patients. 

They report to us that the Indian Health Service is not even communicating with the hospitals where the patients are going to in 

order to ensure patient safety. 

The tribes continue to be outraged. I think they have a right to 

be. This is a bipartisan issue of trying to help. We need real swift 

action, no bad dates and no more recycled plans to make plans. 

Could you help us talk specifically about what exactly the Indian 

Health Service is going to do to make these things right in the 

Great Plains area? 

Ms. SMITH. We have seen the letter as well and I agree with you. 

I perfectly understand the frustration of the tribe and the situation 

is unacceptable. 

There is an urgency at the Indian Health Service and we are 

working urgently. As I said, I have only been in this position for 

a week but there is no more important thing that we need to work 

on than getting those three hospitals on track. 

One of the major challenges with those hospitals is the staffing 

levels. We have a three pronged approach we are working on to address those staffing issues. In the short term, we are doing deployments of Commissioned Corps Officers to try to get the emergency 

department specifically at Rosebud back in operation and running. 

We are also working on a contract for providers and to manage 

the emergency departments at the hospitals. We are also working 

on long term strategies for permanent hires. In fact, I have one bit 

of good news. One of the challenges we face is the salary we are 

able to pay versus the private sector and other government agencies, even the VA. 

Just this week, we got approval for a pay package so that we are 

now able to provide line doctors and emergency room doctors 

$300,000 and we are able to pay supervisors $325,000, so that will 

help in our permanent hires. We are attacking it on many levels. 

The CHAIRMAN. Thank you, Ms. Smith. 

43 

Senator Cantwell? 

STATEMENT OF HON. MARIA CANTWELL, 

U.S. SENATOR FROM WASHINGTON 

Senator CANTWELL. Thank you, Mr. Chairman. 

I want to thank the Vice Chairman for allowing me to proceed. 

I wanted to ask you, Ms. Ramirez, about the low income housing 

tax credit as it is used in Indian Country. I know you described the 

President’s budget and the $50 million increase for Indian housing 

after years of stagnant funding. 

As a member of the Finance Committee, I have actually been to 

Montana with my colleagues where we saw low income housing 

projects being used. I am wondering how you think that tax credit 

could be better used to leverage housing development in Indian 

Country? 

Ms. RAMIREZ. You are absolutely correct. Tribes are leveraging 

the low income housing tax credit program. As we all know, it is 

a financing resource that enables tribes to be able to building affordable housing or mixed income housing. 

During my testimony, I referenced that I had an opportunity to 

visit the Yaqui Nation. They have been successful with securing 

five low income housing tax credit designations. We are very focused on increasing the public and private partnerships. 

To that point, we are working closely with tribal leaders and 

Senator Heitkamp on pulling together a housing forum that will 

enable tribes to understand other private sector funding resources 

that are available to be able to continue to address the growing 

need of affordable housing. 

Senator CANTWELL. So you would say it is a valued tool? 

Ms. RAMIREZ. It is a very valuable tool, yes. 

Senator CANTWELL. Thank you. 

Mr. Roberts, Senator Tester and I have also introduced the Safety Act which is about facilitating tribal school construction improvements. I am pleased to see that the $138 million that was in 

the 2016 levels were maintained but it is clearly not enough to deal 

with the shortfall. 

One of the issues seems to be the Facility Condition Index. For 

example, the Yakama Nation operates a tribal school that is at capacity and has two modular units and yet when you apply for the 

construction, they did not think they actually qualified because 

they had only operated it for 37 years but the building was over 

50 years old. 

I feel as though there is always a lot of mystery here in what 

gets funded. I am seeing nods. It should not be a mystery. How is 

BIA fixing the Facility Condition Index? 

Mr. ROBERTS. I will say that in terms of the process, we are 

going to address new school construction for campus-wide facilities. 

The rules are clearly laid out through the negotiated rulemaking 

that tribes were a part of in that process. 

I will say that having observed that process, come into that process a little late in the game, I think there are ways we can work 

with tribes for future funding in terms of better addressing and 

making comments and choices for construction. 

44 

Let me give you an example. The Facility Condition Index is key. 

As part of this process for those ten schools that were invited by 

the Committee to present, we reached out to all the tribes to say 

we need to make sure that all the tribal schools make sure that 

the Facility Condition Indexes were up to date. 

We did a lot of outreach over the course of the last year to reach 

each of those schools to offer technical assistance. Also, we have 

contractors visit each of those schools every three years to do a Facility Condition Index. 

Having said all of that, moving forward, for schools quite frankly 

I think we need to take a look at how many students are the 

schools serving. I do not think that was a metric within the proposed rulemaking or the negotiated rulemaking that resolved. I do 

know that the Facility Condition Index was 85 percent of the total 

scoring, so there was a 15 percent scoring for those top ten schools 

to decide where construction would move forward. 

I hope that answers your question. I think the Facility Condition 

Index is vitally important. 

Senator CANTWELL. I am not sure it does. Here would be my 

goal. It reminds me of transportation funding, at least in our State. 

You have projects and you have a certain degree where you are on 

the list and when funding meets a certain level, you might actually 

get funded. 

Here, I think there are people who feel they have been on the 

list for decades and never know when they are going to get funding. It just seems to be a mystery. I get you want to have an index. 

I think the index is great, but I think we need to have predictability for Indian Country and when their project is likely to be 

funded or if ever, or if it is going to be a constant thing because 

of project populations. 

That gives us policymakers the ability to look at these policies 

as well and maybe make some suggestions or changes if in fact 

people are falling through the cracks. 

Mr. ROBERTS. Thank you, Senator. That gets to one of the statements that Senator Tester made in his opening statement. That is 

that while we are completing the school construction for the schools 

on the 2004 list, we are now selecting the five schools for the 2016 

list, the department is going to be internally working at a long 

term program to lay out for this Committee and for tribes generally. 

This will be sort of here is where we are, here is the funding that 

is needed and here is how we propose to move forward. 

Senator CANTWELL. My time has expired. Thank you. 

The CHAIRMAN. Thank you, Senator Cantwell. 

Senator Daines? 

STATEMENT OF HON. STEVE DAINES, 

U.S. SENATOR FROM MONTANA 

Senator DAINES. Thank you, Mr. Chairman. 

In Montana, tribes are getting hit with massive fines because of 

the Obamacare employer mandate. For example, the Blackfeet 

Tribe is going to face $1.1 million in penalties. The Crow Tribe will 

be hit with a $1.6 million penalty unless something changes. 

45 

I have introduced the Tribal Employment and Jobs Protection 

Act which will exempt tribes and tribal employers from the 

Obamacare employer mandate and prevent these unreasonable, I 

would argue, outrageous fines. 

The National Congress of American Indians and the National Indian Health Board have endorsed this bill. While the President recognizes the impact of Obamacare on many and has requested 

changes to other related provisions like the Cadillac tax, he fails 

to be concerned with the employer mandate’s heavy impact on 

tribes in Indian Country. 

Secretary Payment, could you speak to the burden that the employer mandate places on tribes and the need for this legislation 

to exempt them from this mandate? 

Mr. PAYMENT. That question is tailored to me because I have 

been echoing this and speaking loudly on this issue. 

For my tribe in particular, as an example, I am here to speak 

for NCAI but I do have an example. The cost for full implementation of the employer mandate is likely to be about $3 million for 

my tribe. 

We are beginning to see some of the gains under the Affordable 

Care Act and the reauthorization of the IHS under Affordable Care 

Act, so we are grateful for the Affordable Care Act and IHS permanent reauthorization, but we are seeing some of the gains we received be erased because of the consequences of the employer mandate. 

Probably more importantly in a broader sense, we have met with 

representatives from the White House, is that we need to understand the full impact and the unintended consequences before implementation, not afterward. We have asked for that. 

There is diversity to the way the funding gets to Indian tribes, 

through direct service tribes, through self-governance tribes, and 

also tribes have insurances and some tribes do not have insurance. 

There is a complex maze to figure out the unintended consequence 

will be. 

I would venture the negative consequence of implementation of 

the employer mandate in Indian Country is probably over $50 million. I would ask that this be put on hold until after we do consultation with tribes and fully appreciate what the full costs are 

going to be. 

Senator DAINES. Thank you, Secretary Payment. 

I want to shift gears and talk about wildfires. In 2015, Montana 

experienced one of its worst fire seasons. Montana tribal reservations were no exception. In fact, the fires on the Blackfeet Reservation were so severe that the tribe opened a separate facility for elders and those with special health needs who had been displaced 

by area wildfires. 

Here is one of the challenges. Oftentimes, these fires start on 

Federal lands and then spread to tribal lands. The Tribal Forest 

Protection Act of 2004 did attempt to address that problem in a 

proposal passed in the House to provide tribes more freedom to 

protect tribal trust resources from wildfires through active management. 

46 

My question is to Mr. Roberts. Do you support increasing tribal 

authority to more actively manage tribal trust forest lands and the 

neighboring Federal forest lands? 

Mr. ROBERTS. Personally, I am not familiar with that Act but I 

am generally supportive of obviously greater tribal self-determination and tribal sovereignty. I understand that the Act particularly 

focuses on the Department of Agriculture. I understand it does provide deadlines for certain types of funding to be provided to tribes. 

I think generally we are supportive of deadlines. 

I would like to talk more with my colleagues at the Department 

of Agriculture and maybe circle back with your staff on questions 

we might have. 

Senator DAINES. We saw some very clear examples where there 

was proper forest treatment and active management and we could 

actually stop some of these fires from spreading, but as you know, 

wildfires are not a respecter of boundaries. That interface is very 

important. 

I would like to have your commitment to work with me and the 

USDA to address these tribal forest resources? 

Mr. PAYMENT. Absolutely. 

Senator DAINES. Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you very much, Senator Daines. 

Senator Heitkamp? 

STATEMENT OF HON. HEIDI HEITKAMP, 

U.S. SENATOR FROM NORTH DAKOTA 

Senator HEITKAMP. Thank you so much, Mr. Chairman, and the 

Vice Chairman for letting me go first. 

I think when we usually do these hearings in other committees 

there is one agency head sitting in front of us who we can hold accountable for outcomes. One of our great challenges is the siloing 

of services for the tribes whether it is health care with IHS, which 

is really HHS, whether it is really housing in HUD, whether it is 

all of the issues that fall in all of the above with the Department 

of Interior and obviously, the Department of Justice. I want to say 

I applaud this Administration for doing the most that I have ever 

seen to try and coordinate among all of you to try and build relationships across the agencies to change outcomes. 

With that said, we continue to see incredible challenges, whether 

it be housing, Indian education, Indian health care, law enforcement, respect for sovereignty and respect for consultation. I will 

start at that juncture. I will be kind of rapid fire here because 

there is so much to discuss. 

Ms. Mason, obviously we have extended invitations to Director 

Comey to come to North Dakota and even Montana to see what is 

happening with the lack of law enforcement personnel and the lack 

of protection for a very vulnerable population. He has not responded. I hope you will go back and ask him once again, given 

that you have primary jurisdiction in many of our States. 

Ms. MASON. I will share that information with the Director but 

I would also like to point out that in partnership with the Department of Interior, the Office for Victims of Crime and the Office on 

Violence Against Women, we have been working collaboratively to 

provide services for victims. 

47 

Senator HEITKAMP. It has not stopped drugs from coming onto 

the reservation, trust me. We are debating right now an opioid bill, 

a heroin bill. Let me tell you, if you want to see children born 

under conditions that they should not be born, come to any one of 

my reservations. 

There are people operating there with impunity. That crosses 

over to the problems that we have at Indian Health and the problems we have in housing. I want to applaud the great work of Secretary Castro. We have had a number of meetings. Thank you for 

mentioning our efforts to get a major summit. 

I am curious about the report, when you expect it to be done and 

when we will be seeing you all in North Dakota or even maybe 

Montana. I have offered to maybe share the responsibility but we 

know we have a housing crisis. 

Ms. MASON. Thank you very much, Senator. We very much appreciate the opportunity to continue to do what we can to foster 

public and private partnerships. 

With regards to the housing needs study report, it will be completed this year. We are looking at the preliminary. 

Senator HEITKAMP. Can you narrow it? 

Ms. MASON. Yes, I definitely can. 

In July of this year, we will release the preliminary findings 

stemming from the report. At that time, the report will be made 

available to the tribes for further tribal consultation. We welcome 

the opportunity to present to this Committee the findings of the report. 

The final report will be completed no later than December 2016. 

Senator HEITKAMP. Terrific. I think that is critically important, 

that we look beyond NAHASDA and look beyond what we are 

doing right now. Obviously, it is not getting the job done as it relates to Indian housing. That exacerbates all of these problems 

whether it is locating law enforcement, where the crimes are being 

committed or whether it is getting medical personnel into critical 

jobs. 

My last question would be for Ms. Smith, recognizing that you 

have not been at it very long. To follow up on the Chairman’s comment, we are being asked to provide more resources and most of 

you know that I am in that camp. The resources we are currently 

providing are not adequate to meet treaty obligations or fulfill our 

responsibility, but we need to make sure that what is being spent 

is being spent appropriately. 

We look forward to hearing the outcome of what Deputy Secretary Wakefield told us was the new structure for analyzing these 

problems and working across the lines but I will encourage you and 

so many members actually qualify for Medicaid and could provide 

a third party reimbursement funding source that would, in fact, 

satisfy some of my hospital’s concerns that IHS does not pay the 

bills. 

That happens, so I want to continue to encourage you to encourage tribal members to enroll in Medicare and Medicaid. I know it 

is a great concern that somehow that is an abrogation or inappropriate given the treaty obligation. 

I hope the National Congress can work with us to get out the 

message. Maybe we can fashion a program that could make Indian 

48 

people more comfortable with getting health care through a third 

party fee-for-payment service. 

Ms. SMITH. We are working very hard on encouraging people to 

sign up for Medicaid. I actually spoke to tribal leaders in Bismarck, 

North Dakota two months ago about Medicaid expansion. That is 

exactly the topic we discussed. We are collaborating closely with 

CMS. 

Senator HEITKAMP. I will tell you that tribal leaders get it. Unfortunately, many tribal members do not. Somehow, we are missing 

that. I think the more advocacy that we can get out there, the better the opportunity to expand services and give Native American 

people a choice in where they get their health care. 

Thank you, Mr. Chairman. I am sorry I went over. 

The CHAIRMAN. Thank you, Senator Heitkamp. 

Senator Murkowski? 

STATEMENT OF HON. LISA MURKOWSKI, 

U.S. SENATOR FROM ALASKA 

Senator MURKOWSKI. Thank you, Mr. Chairman. 

Thank you each for the work that you do. 

I want to begin my questions this afternoon with a general comment about consultation. Over the past few months, I cannot tell 

you the number of conversations I have had with Alaska Native 

people, both here in Washington, D.C. and in Alaska, who are expressing more concern about the processes and the policies around 

consultation. 

We all know the imperative behind consultation. The Federal 

Government has a duty to consult with tribes and do so in a way 

that is meaningful, not just a check the box exercise. 

In terms of responsibilities that you all have with your respective 

agencies, I look at it and say it has to be one of our top responsibilities. 

I am urging all of you within your agencies and departments 

that as you develop your budgets, as you update your procedures, 

in your day-to-day operations, keep these consultations as a very 

high priority because I think some of you are doing a better job 

than others. I will not single out anyone, but I will put it front and 

center that when you are doing all that you do on a daily basis, 

do not forget the consultation part of that. 

I did have an opportunity to spend a fair amount of time with 

you, Ms. Smith, in the Appropriations Committee this morning. I 

thank you for that. I also thank you for your willingness to come 

to the State and see for yourself some of the issues that we have 

discussed. 

Ms. Ramirez, I would also invite you to come to rural Alaska to 

see some of the housing issues that you speak very informed about 

but knowing that we have some concerns and some issues that are 

perhaps a little unique. 

I want to ask you specifically about this comprehensive housing 

needs study. You said this is close to completion and the results of 

the study are intended to be used to be the driving policy and 

strategy at HUD. 

This concerns me. It concerns me because I am told that out of 

the 229 federally-recognized tribes in Alaska, there were only three 

49 

that were included in your household survey. That was Chickaloon, 

Unalakleet and King Cove. 

What you have then is a sampling rate that is vastly lower for 

Alaska tribes than tribes in the lower 48. This has been brought 

to the attention of HUD and your contractors. Know that I am very 

concerned about this very important study upon which you are 

going to be basing future decisions. 

I want to make sure that Alaska and Alaska tribes are not 

underrepresented or misrepresented. I need to know that this has 

clearly been brought to your attention. 

Ms. RAMIREZ. I wanted to provide some context. The housing 

study being conducted by HUD, essentially by our Policy Department, is a national study. It is using a statistically valid sample. 

We have engaged in substantive tribal consultation. This is one 

of the reasons why there has been a delay. We are working very 

closely with the Alaska tribes. In fact, we held two tribal consultation sessions but I will definitely follow up. I note your concern and 

I will follow up. 

Senator MURKOWSKI. I appreciate that because it is 3 out of 229 

tribes and these are very small communities for the most part. 

I want to ask you a question Mr. Roberts regarding tribal courts. 

As you know, I have made tribal courts in Alaska a priority as well 

as other P.L. 280 States. We had language included in the omnibus 

in 2015 that directed a study of the budgetary needs of tribal 

courts. Then last year in the omnibus, there was $10 million for 

BIA to pilot systems for tribal communities in the P.L. 280 States. 

We are making some progress. As I keep saying, we have our 

foot in the door. The question to you is whether or not you have 

an update for me on how this pilot system may move forward and 

also, the fiscal year 2017 budget request plans to cut the funding 

that we had included, the $10 million, by $8 million from the 2016 

enacted level. 

The question is on the pilot and then any explanation for the 

proposed decrease? 

Mr. ROBERTS. Thank you so much for that funding. 

Senator MURKOWSKI. It is important. 

Mr. ROBERTS. It is extremely important. I heard from a number 

of tribal leaders in Alaska when they were here for NCAI about 

that funding. 

One of the things we are going to do is it is very important to 

get that funding out as quickly as possible but I think it is also important to consult with the tribes in the P.L. 280 States. To move 

forward, we are going to have telephonic consultations within the 

next 30 to 35 days. We will have a couple of days of telephonic consultations with those tribes in the P.L. 280 States on how that 

funding should be utilized. 

I have heard a number of different things from tribes in Alaska 

and elsewhere in P.L. 280 States. I think it is very important to 

have court assessments but I have also heard it is very important 

from those tribes that we actually implement some of that money 

in the tribal courts themselves. That is going to be part of the consultation with tribes given that it is $10 million. 

As you mentioned, the fiscal year 2017 request had a bump up 

from $15 million of about $2 million. We really appreciate all the 

50 

support. Because the 2016 budget was passed in the closing days 

of the year, we were not able to necessarily maintain that funding 

for the 2017 request but I know I will be talking with tribal leaders 

as part of our tribal Interior Budget Council in a couple of weeks. 

I am really hopeful that we can build off the great work that you 

did for the fiscal year 2018 budget. I agree with you 100 percent. 

It is very much needed and we are going to try to make the best 

use of those dollars that we can. 

Senator MURKOWSKI. I appreciate that. We really want to try to 

make a success of this. 

I do want to add, Mr. Chairman, I was prepared to kind of jump 

on Mr. Roberts this afternoon about some payments as they relate 

to compact funding that were due to the Bristol Bay Native Association, the second largest employer within this region. They were 

looking at having to lay off or furlough some of their employees because they have not received their fiscal year 2016 compact funds. 

I received notice this afternoon that the issue has been resolved 

and the remaining funds will go out today. I can tell you that 

Ralph Anderson and some of the others at BBNA are most appreciative. They have been waiting since December. They are very appreciative that this has been resolved. 

Thank you. 

The CHAIRMAN. Thank you, Senator Murkowski. 

Senator Franken? 

STATEMENT OF HON. AL FRANKEN, 

U.S. SENATOR FROM MINNESOTA 

Senator FRANKEN. Thank you, Mr. Chairman and Vice Chairman, for holding this hearing. 

Mr. Roberts, ever since I first came to the Senate, I have been 

raising alarm about the Bug-O–Nay-Ge-Shig School on the Leech 

Lake Reservation in Minnesota. I have been pushing very hard 

every year to get construction money to rebuild the school. 

I was very pleased that Secretary Jewell came to the Leech Lake 

Reservation and had an opportunity not just to see the school but 

to spend some real time there and see firsthand the deplorable conditions and what the teachers and students have to deal with every 

day. This is disgraceful, the school. Have you had a chance to go 

to the school? 

Mr. ROBERTS. I have not yet, Senator. 

Senator FRANKEN. It is drafty, it is cold and structurally it is not 

sound enough so that if the wind blows hard, they have to leave 

the school. In Minnesota, it gets really cold. If the wind is blowing 

more than a certain amount, they have to leave and run to another 

building. It is a deplorable condition. 

I have been trying to get this thing rebuilt every year. What is 

the status? Can you tell me? 

Mr. ROBERTS. Yes. As you mentioned, Secretary Jewell has been 

out there. My predecessor, Kevin Washburn, had visited. 

Everyone I talk to within the department notes the horrible condition of the building. It is a building that was never really intended for educational purposes at the outset. There were some 

questions by your colleagues about BIA campus-wide replacement. 

51 

The Bug School does not fit in that category because it is a single 

building essentially. 

We do have appropriations. I am hoping that within the next 30 

days or so I will have an answer for you on how we are moving 

forward with the Bug School. That is my hope. I am meeting with 

the chairwoman of Leech Lake I believe later this month but I am 

also meeting internally with the team because everything I have 

heard from our facilities folks is that there is not a building in 

worse condition there. 

I do not have anything for you today except that I am very well 

aware of it and focused. I appreciate you championing this issue. 

I have been to some of the schools on the campus-wide construction 

list. The process we have for school replacement right now, we need 

a lot more resources. 

Senator FRANKEN. Usually when we have these budget meetings, 

it becomes abundantly clear. I just want to say to my colleagues 

on this Committee again, I believe it is our job to go to our caucuses and tell them because we are the only ones that hear this 

testimony from Indian Country about our Native people. 

We are not honoring our moral obligations or our treaty obligations. I think it is something all of us on both sides of the aisle 

need to be telling our caucuses. When we have this hearing reporting on the budget, it becomes especially apparent. 

I want to talk about opioid use. It has become epidemic in Indian 

Country in Minnesota and in urban settings. While American Indian infants in Minnesota make up only three percent of kids born 

in public assistance programs, they make up 28 percent of the infants born with Neonatal Abstinence Syndrome. 

I know, Ms. Smith, the TIWAHE Initiative is intended to, in 

part, address this. Are you hearing similar rates of opioid abuse 

across Indian Country as I am hearing in Minnesota? How will the 

TIWAHE Initiative or other programs in the budget fight this rapidly increasing problem in my State and around the Country? 

Ms. SMITH. Thank you, Senator, for your leadership on that 

topic. 

Unfortunately, there is a very real problem with opioid abuse in 

Indian Country. We are working on it. In our budget, we included 

$15 million additional funding for our substance abuse initiative. 

On an operational basis, we are attacking it on a three-pronged 

basis. We have a policy that goes out to our providers as to how 

to prescribe correct dosages. We have mandatory training for all 

our providers. In terms of treatment, we utilize what is called the 

MAT, Medication Assisted Treatment, to ensure that we are trying 

to address this epidemic. 

Senator FRANKEN. That is methadone? 

Ms. SMITH. It is not a solution but it is one of the things that 

helps with the problem. We are cooperating with the Bureau of Indian Affairs. We have provided Naloxone to Bureau of Indian Affairs law enforcement for anecdotes. We rolled that out in Oklahoma in the fall and we are going to move that to other areas. 

Senator FRANKEN. For ODs. 

I am out of time. I just want to say that epidemic is very much 

tied to the poor housing, poor health care, the job situation and 

52 

sense of hopelessness that the people get when they live I those 

conditions. 

Thank you. 

The CHAIRMAN. Thank you, Senator Franken. 

Senator Hoeven? 

STATEMENT OF HON. JOHN HOEVEN, 

U.S. SENATOR FROM NORTH DAKOTA 

Senator HOEVEN. My questions are for Deputy Director Mary 

Smith. 

In your testimony, you note the challenges of recruiting and retaining quality health care professionals specifically in the Great 

Plains region. 

Recently, I was informed of the credential process required under 

IHS and I have heard this process is cumbersome because it must 

be renewed every year. I am concerned that this may disqualify 

qualified professionals who are in good standing with the State 

medical boards from working in some of these underserved areas. 

I wanted to get your thoughts on that. What is the purpose of 

the credentialing particularly having to go through it every single 

year? Do you think it does have an impact on attracting and retaining qualified staff? 

Ms. SMITH. Thanks for your question about attracting and retaining staff. We do have a number of challenges there. 

In terms of credentialing, obviously credentialing is necessary to 

ensure that we are providing quality health care and the providers 

are credentialed. With respect to our credentialing system, I do 

think there are improvements that can be made. 

We have a new quality consortium that is going to look at a lot 

of these quality standards. One area they are looking at is a more 

uniform credentialing process that would allow more flexibility for 

providers. 

I appreciate your question. 

Senator HOEVEN. Is that a change you anticipate you will be 

making or is that something you are just looking into? 

Ms. SMITH. I think we will make changes. I do not know specifically what changes. One of the things we are looking at is a different software package for credentialing. I do not have an answer 

today on whether that will go forward but we definitely will make 

changes to streamline the process. 

Senator HOEVEN. Do you have any estimate on a timeline for 

that? 

Ms. SMITH. I hope we would be able to do at least some changes 

this year. 

Senator HOEVEN. Something this year? 

Ms. SMITH. Yes. 

Senator HOEVEN. As you know, there have been serious problems 

at the IHS facilities in the Great Plains region. Many of the problems, in some cases, were due to lack of funding. There is no question about it. In other cases, it is a lack of accountability. 

In your opinion, how does the President’s budget leverage resources to empower IHS facilities and hold them accountable? One 

of the things we talked about was trying to leverage IHS resources 

to address the resource issue. 

53 

How do you do that? How do you get accountability, make sure 

that you have accountability for performance on the part of IHS? 

Ms. SMITH. It is not easy sometimes but I think it is creating a 

culture of quality and accountability. I think it starts at the top 

and I think you need key leadership positions. One of the things 

we are doing and there is money for this in the budget, there is 

$2 million for our quality consortium. 

As I mentioned, we have created a new position, Deputy Director 

of Quality. We are going to be setting up a quality system which 

is essentially a compliance system with training. We are going to 

be working to ensure that the systems are in place and people are 

held accountable. I think that was one of the reasons why those 

problems arose in the Great Plains. 

That is one of the top priorities we will be addressing this year. 

Senator HOEVEN. I think there are other service providers you 

can partner with to leverage your resources but as part of that, 

going to accountability, is reimbursement to hospitals, clinics, doctors and others that do provide services either on or off the reservation. 

They have a real problem with backlog in accounts receivable or 

collecting those receivables from IHS. Anything you can do to make 

sure IHS, working with the tribes, gets payment out to those 

health care providers on a timely basis is not only important for 

the service providers and health care providers, but will help generate more services both on and off the reservation for Native people. 

Ms. SMITH. Yes, I agree about leveraging the resources and ensuring prompt payment. I actually was talking to the person who 

runs our purchase referred care program yesterday about the process she is putting in place to try to streamline those payments. 

Senator HOEVEN. Anything you can do, because we really hear 

from the health care providers that they have a real problem collecting those receivables. Any help in that area would be much appreciated. 

Thank you. 

The CHAIRMAN. Thank you, Senator Hoeven. 

Senator Tester? 

Senator TESTER. I want to thank the panelists for being here 

today. I am going to start with you, Karol. 

The grant fund to implement VAWA is $5 million. Last year, I 

believe it was $2.5 million. Correct me if I am wrong. Is $5 million 

going to be adequate? 

Ms. MASON. As you know, in March 2015, we went into full implementation of the expanded ability to prosecute non-Native offenders for domestic violence. We have 45 tribes who are participating in our voluntary intertribal working group, so we expect the 

five that have been exercising it since 2014 plus the others who 

will now implement it, we expect we will have many more people 

applying for the money than we have available. 

Senator TESTER. Is $5 million going to be adequate? 

Ms. MASON. We will make it adequate, but the need exceeds 

that. 

Senator TESTER. That is all I need to know. 

54 

The DOJ appendix to the President’s budget mentions allocating 

$1 million for research on violence against Native women? 

Ms. MASON. Yes. 

Senator TESTER. It is in the same section as the VAWA implementation. Is that $1 million coming out of the $5 million or is it 

separate? 

Ms. MASON. No, that is a separate funding source. 

Senator TESTER. That is good news. 

Now I will go to you, Larry. You have heard this before. We will 

come in and talk to you about different issues in Indian Country, 

and they have a lot. We often say to you, you have to fight harder 

during the budget process to make sure this budget meets the 

needs of Indian Country. Does this budget meet the needs of Indian 

Country? 

Mr. ROBERTS. I do think the budget reflects the President’s commitment to Indian Country. As I said earlier, the discretionary 

funding across Federal agencies is less than 1 percent increase. 

Senator TESTER. I got you, but that was not my question. 

Mr. ROBERTS. I know. What I will say is tribes still have not regained their footing from sequestration. That was $142 million. I 

know this Congress, many of you, for the 2016 budget helped us. 

Senator TESTER. What I hear you saying is, this is the best you 

could do but it still is not adequate? 

Mr. ROBERTS. I think everyone knows there are still additional 

needs in Indian Country. 

Senator TESTER. Okay. I want to go back to what the Chairman 

said when he opened. If you have metrics you can bring to this 

Committee that justify these increases in budget, it would be very, 

very helpful. 

Quite frankly, I do not think there is anyone on this Committee 

who does not understand that some or all of the programs within 

the BIA are in trouble. Sequester, the Obama Administration has 

done a pretty good job but it was so bad, they had a long ways to 

go. 

Mr. ROBERTS. Some of the metrics that we can provide tomorrow 

are the great work that we have done in Indian Country with 

tribes on preventing violent crimes and reducing recidivism. 

Senator TESTER. I got it. Otherwise we just bring you in and 

hammer you. That is why it is important. We have an obligation. 

The loan guarantee program, we have heard from tribes, tribal 

organizations and entities that do business in Indian Country that 

the BIA Loan Program is a great economic development tool. God 

knows in my neck of the woods, they need economic development 

and in Indian Country. 

This is level funded. Is that because the requests for the BIA 

Loan Guarantee Program have been flat? 

Mr. ROBERTS. It is a great program. We could use more. We cannot always bump up everywhere across the budget, so we focus on 

schools, youth and social services. It is a great program. We are 

doing the most we can that leverages dollars for Indian Country. 

Senator TESTER. All right. I want to go to Ms. Ramirez. 

This year’s budget proposes a $50 million increase in the Native 

Housing Block Grant Program, which is good. I have had previous 

55 

questions about the housing but it has been stagnant for almost 20 

years. 

I appreciate the advocacy for a bump up. Number one, do you 

feel that these additional dollars would be able to get out the door? 

Ms. RAMIREZ. Yes, Senator, I definitely believe the dollars will be 

able to get out the door and that the tribes will be able to invest 

and make use of these dollars. 

Senator TESTER. Do you think this program is critically important when it comes to housing needs in Indian Country? Is this one 

of the big programs or is this just kind of an ancillary program and 

there are others out there that can fulfill this need? 

Ms. RAMIREZ. Senator, this is the core program of NAHASDA. 

This is the single source of funding that provides tribes the opportunity to develop affordable housing and renovate. 

Senator TESTER. Can I ask you a question? If this is the primary 

one, have you done an assessment on the standards of housing in 

Indian Country like what percentage is substandard? Have you 

been able to do any of that? 

Ms. RAMIREZ. We have, Senator. I mentioned earlier that we are 

in the process of completing a housing needs study that speaks to 

the conditions of housing. 

Senator TESTER. What has that study shown? Are they 80 percent substandard, 50 percent substandard or 10 percent substandard? 

Ms. RAMIREZ. In 2014, we released some preliminary results 

using the Census and American Community Survey. A few key statistics that were included were that there is a severe overcrowding 

problem in Indian Country, three or four times that of the national 

average. 

We also know, Senator, that tribes are having to use more of 

their IHGB funding to rehabilitate and renovate existing stock and 

less is going to the creation of new and affordable housing. 

Senator TESTER. Thank you for the courtesy, Mr. Chairman. 

The CHAIRMAN. Thank you, Senator Tester. 

I am going to start a second round. Would you like to start, Senator Heitkamp? 

Senator HEITKAMP. Thank you, Mr. Chairman. 

I have a couple things that do not go necessarily to this budget 

but the potential for change. One, obviously, is something we have 

been working on in this Committee. That is looking across the 

board on trauma, making sure that we have trauma-informed 

health care professionals, making sure that we have trauma-informed and trauma-based folks in our Department of Justice and 

the Bureau of Indian Education, making sure that everybody understands this kind of new brain research that is going on. 

I will kind of warn you that I will continue to be a broken record 

as it relates to trauma as a potential path forward for change. 

The other thing we obviously have been talking a lot about this 

week has been opioid abuse and heroin abuse. I met yesterday with 

a number of folks. It is that time of the year. 

One of the meetings that sparked a great deal of interest in me 

was when I met with the women representing the OB–Gyns. They 

believe that there are prescription medications that are dispensed 

in a different way. I cannot speak to all the options out there that 

56 

would actually provide treatment that is not methadone treatment 

for women who are addicted and who are pregnant. 

I am wondering whether Indian Health has taken an active look 

at other kinds of treatment options available for addiction, especially with pregnant women. 

Ms. SMITH. Yes, we are working on a multi-pronged approach 

with opioid dependence. We have a Division of Behavioral Health. 

I talked yesterday with Dr. Cotton who heads that division about 

the opioid crisis. 

I know we are looking at a number of different things. If we are 

doing anything specifically with respect to pregnant women, I can 

get you that information. 

Senator HEITKAMP. We have been looking at it, but in the meantime, this has basically ballooned into a full-blown, absolute, horrible crisis, especially in Indian Country but across the Country, 

but especially in Indian Country in North Dakota. 

So if we are not pursuing state-of-the-art treatment options, then 

we are going to fail. If we are not offering help when people come 

in who desperately need help in dealing with their addiction come 

in, obviously from the standpoint of many of those who provide 

services to pregnant women, there is a big incentive for women to 

look at addiction and change behavior. To me there is a real option 

to get this done. 

One of the frustrations I have with Indian Health is you continue 

to do what you have always done over and over and over again and 

expect a different result in Indian Country. It is not going to happen. We have to change how we approach it and we have to look 

at a system that really treats the family, a system that treats the 

individual and does not just say, okay, here is your diabetes, and 

expect people to be compliant when they are addicted. 

It just is not going to happen. We will continue to spend dollar 

after dollar without really treating the individual. So I would appreciate any information on the structure you plan on pursuing, especially for addicted pregnant women, which has become a crisis. 

In fact, we have heard reports of women in Three Affiliated, that 

50 percent of the babies are born from women who are addicted. 

I have heard the same kind of information up at Turtle Mountain. 

That is not a formula for a successful society in any case. 

It falls on your shoulders and we expect to know what we are 

doing about it. 

Thank you, Ms. Smith. 

The CHAIRMAN. Thank you, Senator Heitkamp. 

Ms. Ramirez, in the President’s budget, your office proposes to 

raise the Indian Housing Loan Guarantee Program, the annual fee, 

from 15 basis points to 25 basis points. The impact on the budget 

request equates to about an $11 increase of a tribal homebuyer’s 

monthly mortgage about $130 per year. 

This increase is now going to be assessed to I think some of the 

people who are most at risk as homeowners. Further on in the proposed budget, you stated tribal consultation will take place prior to 

implementation of this change in the policy raising it from 15 basis 

points to 25 basis points. 

Currently, you use a negotiated rulemaking to conduct truly 

meaningful tribal consultation. Despite a few recent concerning exVerDate Mar 15 2010 10:12 Jan 09, 2017 Jkt 023253 PO 00000 Frm 00060 Fmt 6633 Sfmt 6601 S:\DOCS\23253.TXT JACK
57 

amples, this appears to be a successful model for tribal consultations. 

Are you going to be open to using this negotiated rulemaking to 

implement this increase in the 184 Program annual fee and how 

do you plan to go ahead with that? 

Ms. RAMIREZ. As you stated, the Loan Guarantee Program is a 

critical program in Indian Country. We know that this is a program that works and enables the opportunity for homeownership. 

With regard to the modest annual fee increase, this modest annual fee increase is driven by the Credit Reform Act of 1990. It is 

not a program of NAHASDA, hence, it is not subject to a negotiated 

rulemaking. 

However, Mr. Chairman, you have our full commitment that as 

we begin to have further discussions with tribes, we will engage in 

tribal consultation on the changes to the 184 Program, and also on 

the opportunities for the department to be able to improve the program in general. 

The CHAIRMAN. Thank you. 

Mr. Roberts, the BIA Road Maintenance Program is responsible 

for maintaining almost 29,700, almost 30,000, miles of BIA-owned 

roads and 931-owned bridges constructed with Federal funds. 

The Administration’s requested funding level for this current fiscal year provides a level of need to maintain only 16 percent of the 

roads and 62 percent of the bridges in acceptable condition. The 

funds are used to simply maintain the current conditions. 

Far too many public roads and bridges on Indian reservations 

are in poor or failing conditions as I drive the Wind River Reservation. If only 16 percent of the BIA roads and 62 percent of the 

bridges are going to be in acceptable condition, how can we safely 

get kids to school and drive someone to the hospital if they do not 

have safe roads on which to drive? 

Is the funding level of the President’s budget too low given the 

importance of roads in tribal communities? 

Mr. ROBERTS. It is of incredible importance in Indian Country. 

We hear about it all the time. The Department of Transportation 

takes the lead on those funding issues. 

I will say the President’s budget, as you said, Mr. Chairman, reflects maintaining the roads you identified as in moderate or acceptable condition. It is extraordinarily challenging to improve infrastructure in this fiscal climate. I share your concern about the 

issue. 

The CHAIRMAN. In addition to transportation, I want to go to 

education. In the President’s fiscal year 2017 budget request, the 

education funding request is increased. We all understand the urgent need to fix the broken school systems. 

I would like to bring to your attention the request for $24.8 million for ‘‘education management.’’ Can you discuss what type of 

services ‘‘education management’’ provides? 

Mr. ROBERTS. Absolutely, Mr. Chairman. Basically, the President’s budget requests an $8 million plus up for $24 million overall 

for that line. The plus up is for essentially 15 positions for contracting, acquisitions, construction, construction budget planning, 

and IT education specialists. 

58 

It is the 15 positions that we need for BIE to address those services under the reorganization. It is looking at human resource specialists, recruiters, budget planning and those types of things. I am 

more than happy to provide additional information to your staff on 

that funding. 

The CHAIRMAN. Secretary Mason, I want to talk about the Vision 

21 Project that focuses on current crime victimization, underserved 

and unserved communities, enhancing partnerships and improving 

integration of crime victims’ rights. 

It is intended to facilitate the ability of networks to meet current 

and future crime victim needs, organizational flexibility, stronger 

collaboration, things you have talked about previously, collaboration of further crime victims’ rights and services. 

The President’s budget request includes a project grant for tribal 

victims of violence. Can you talk about how the development of 

these grants will be tailored for tribal communities and incorporate 

tribal consultation prior to actually announcing the grants? 

Ms. MASON. The $25 million request in the President’s fiscal year 

2017 budget is designed to give us more flexibility than we currently have with the VOCA funding. We have a history at the Office of Victims of Crime of consulting with the tribes. This request 

is as a result of having numerous conversations with our tribal 

partners. 

The CHAIRMAN. Senator Tester, do you have any additional questions? 

Senator TESTER. I do. Thank you, Mr. Chairman. 

I want to go back to you, Larry. There is a request in here and 

I think you discussed it in your testimony, of $4 million for the Native One-Stop Initiative. Is there more to it than an Internet site? 

Mr. ROBERTS. Absolutely, Senator. Basically, all of the different 

agencies across the Federal Government feed their information into 

this Internet site to provide information to tribes and individuals. 

They can access the programs. Say they have a housing issue, 

they can access that site and see HUD has a program and we have 

a program. 

Senator TESTER. Let me refine my question. 

Mr. ROBERTS. Sure. 

Senator TESTER. Is there funding for a physical site to go to or 

is it all an internet site? 

Mr. ROBERTS. My understanding is it is all internet at this point. 

Senator TESTER. This must be one hell of an internet site for $4 

million. That is a lot of dough for an internet site. 

Mr. ROBERTS. Fair enough but when you have a number of different Federal agencies across the government working in Indian 

Country, there is quite a bit of data to compile. 

Senator TESTER. I have no doubt about that. 

Broadband is pretty deficient in Indian Country. Are we building 

something they will not have access to? I will preface this by saying I think it is a great idea but if they do not have Internet service, how are they going to access the website? 

Mr. ROBERTS. The President’s budget does support additional 

broadband access to BIE schools, so there are increases. I am not 

sure what the other Federal agencies have for broadband but I do 

59 

not think this internet site is going to be something that needs the 

highest capabilities. 

I think tribes will be able to access it. It is something tribes have 

been asking us for, sort of a one-stop where they can find and identify those programs that serve them. I think it is well worth the 

small investment. Hopefully, it saves tribes a lot of money as they 

go through that process. 

Senator TESTER. Your testimony also talks about an Office of 

Justice Services to assist tribes in adopting and updating the tribe 

court codes and the same thing for uniform commercial codes. Is 

any of that work being done now? 

Mr. ROBERTS. I believe it is. I would have to get more information for you on that. 

Senator TESTER. Once again, I think it is a great idea. My next 

question would be do you have the infrastructure to do this? 

Mr. ROBERTS. We have a great team in OJS. I just do not have 

the details on that for you right now, Senator. 

Senator TESTER. Okay. 

I have one last question for Ms. Ramirez if I might, Mr. Chairman, that has to do with the Home Loan Guarantee Program. 

This is one of the programs we saw cut from last year’s budget. 

Quite frankly, when I listen to Native Americans, they want this 

expanded to even include Native Americans who live off reservation. 

I have two questions for you. One, would you support that if this 

program was expanded to be able to use these loan guarantees for 

homes outside of the reservation borders? 

Ms. RAMIREZ. In principle, Senator, yes, I would support it. I 

would need to look into the technical requirements behind the Loan 

Guarantee Program because I know it was designed for Indian 

Country, but yes, I think anything we can do to expand and increase homeownership opportunities. 

Senator TESTER. The second thing is kind of the same question 

I asked others about different programs. This is a pretty doggone 

good program and it is being cut. What is the justification? Is it 

simply dollars? You had to cut somewhere, so this is the one that 

got the axe? 

Ms. RAMIREZ. Our request for $5.5 million for fiscal year 2017 

takes into account carryover funds that we are projecting from 

prior years. 

Senator TESTER. How much carryover do you have? 

Ms. RAMIREZ. Close to $1 million. We are projecting close to $1 

million of carryover funds. 

Senator TESTER. On one hand, that is good. We will just leave 

it at that. 

Thank you, Mr. Chairman. I appreciate it. 

I appreciate all of your testimony. I grilled Mary pretty hard this 

morning, so I told her I would let her off the hook this afternoon. 

Aaron, I am sorry. I will get you next time. 

Thank you. 

The CHAIRMAN. Thank you, Senator Tester. 

Following up on what Senator Tester discussed with Mr. Roberts 

on broadband deficiency in Indian Country. If you put all this effort 

into a state-of-the-art website where all this information can be inVerDate Mar 15 2010 10:12 Jan 09, 2017 Jkt 023253 PO 00000 Frm 00063 Fmt 6633 Sfmt 6601 S:\DOCS\23253.TXT JACK
60 

tegrated, can you talk a little bit about how the needs are because 

there is some infrastructure lack in communities? 

Mr. ROBERTS. I testified earlier about some of the hard infrastructure, when you think of infrastructure like pipes, Indian 

Country is largely neglected with that. In Indian Country, we have 

built basically what we do have. 

In my tribe’s case, we were recognized late, in 1972, so we have 

had to acquire everything we have. Most of what we were able to 

acquire was old swampland, so we are in rural communities and 

old swampland where we have to build the infrastructure ourselves. 

Broadband is certainly a critical need in Indian Country. We are 

not as rural as most other tribal communities, so we do have some 

access but our access is limited. 

We have council meetings in the districts and find that we do not 

have the ability to connect. Our tribal staff at those sites looks at 

us and kind of laughs because we cannot connect. They live with 

that day to day and try to do their jobs day to day. 

I would say absolutely, the program we are talking about is a 

wonderful concept which is to connect across agencies. We talked 

about that recently at STAC, to try to get some permanency across 

agencies. 

If that is going to work, tribes have to have access. Otherwise, 

we are building a structure that is not going to be used by Indian 

people. 

The CHAIRMAN. That means not the best use of resources, a loss 

of opportunity to use the resources there? 

Mr. ROBERTS. I do not want to get in the middle of a fight. 

The CHAIRMAN. If there are no more questions for today, members may also submit written follow up questions for the record. 

The hearing record will be open for two weeks. 

I want to thank all of you for being here, for your time and your 

testimony today. 

This hearing is adjourned. 

[Whereupon, at 3:52 p.m., the Committee was adjourned.] 

(61) 

A P P E N D I X 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JAMES LANKFORD TO

MARY SMITH

Question 1. For much of the last century, the Bureau of Indian Affairs has served 

as the federal government’s lead agency for programs serving American Indians and 

Tribes. However, there are also whole federal departments, such as the Department 

of Justice or the Department of Housing and Urban Development,that serve as subject matter experts for their service area. These departments often have greater resources and abilities to provide a service but they sometimes lack BIA’s ability to 

communicate on a government-togovernment level with tribal governments. How 

can we maximize the impact of federal services by pairing the abilities of both sides? 

Answer. Tribal Consultation is a valuable tool in maximizing the impact of federal 

services to American Indian and Alaska Native (AI/AN) peoples. The United States 

has a government-to-government relationship with AI/AN Tribes that is based on 

treaties, law, Presidential executive orders, and numerous court decisions. In this 

federal policy era of Self-Determination, Tribal Consultation is considered an essential element for a sound and productive relationship with AI/AN Tribes and tribal 

organizations. Tribal Consultation has been affirmed by Executive Orders 12866, 

13084, and 13175, and through Presidential Memoranda in 1994, 2004, and 2009. 

Federal agencies maximize impact when they commit to regular and meaningful 

consultation and collaboration with eligible tribal governments. Further, tribal consultation has enhanced federal government services and programs in Indian Country within a framework of tribal self-determination. 

Like the Bureau of Indian Affairs (BIA), the Indian Health Service (IHS) has experienced much success through Tribal Consultation. In 1997, the IHS Director promulgated the first comprehensive Tribal Consultation and Participation Policy in 

the federal government. The policy established a minimum set of expectations for 

IHS staff with respect to consulting and working with tribal leaders. The IHS Tribal 

Consultation Policy has been revised and updated several times. The current policy 

from 2006 can be referenced at IHS Circular No. 2006–01. The IHS conducts a variety of consultation activities with Tribal leaders and representatives of Tribal governments, including national meetings, regional inter-tribal consultation sessions, 

meetings with delegations of leaders from individual Tribes, Area consultation sessions, and tribal advisory workgroups. In recent years, tribal leaders and representatives have carried out significant roles in the IHS budget formulation and setting 

health priorities at the national and regional levels. 

The increased involvement of Tribes in advising and participating in the decisionmaking process of the Agency has resulted in stronger collaborations between the 

federal government and tribal governments; innovations in the management of programs; and important issues being brought forward for consideration by IHS, the 

Administration, and Congress in a timely fashion. 

In 2011, the IHS, BIA and DOJ addressed issues such as substance abuse through 

the Indian Alcohol and Substance Abuse Agreement between the U.S. Department 

of Health and Human Services, the U.S. Department of Interior, and the U.S. Department of Justice, which is referenced at the Internet address: https:// 

www.justice.gov/sites/default/files/tribal/legacy/2014/02/06/tloa-iasa-memoaug2011.pdf. These Agencies agreed to establish a framework for the coordination 

of Tribal Consultation activities as necessary, relating to the federal activities to be 

developed and implemented in accordance with the memorandum of agreement 

(MOA). IHS, BIA, and DOJ have also partnered in a number of other interagency 

initiatives, such as in the area of domestic violence. The leadership for these Agencies, as well as those from the Department of Housing and Urban Development can 

continue to collaborate on critical issues in Indian Country (i.e., sanitation and 

housing shortages) to maximize the impact of federal services, and share best practices (i.e., Tribal Consultation) and their respective resources. 

62 

Question 2. What actionsdo you take at a leadership level to ensure your department is not duplicating a tribal service provided by another department? 

Answer. The Division of Environmental Health Services (DEHS) collaborates with 

other Federal programs such as the Housing and Urban Development (HUD), Food 

and Drug Administration (FDA), Center for Disease Control and Prevention (CDC), 

the Environmental Protection Agency (EPA), and the Bureau of Indian Affairs 

(BIA). Through these collaborations, the IHS DEHS program has knowledge of services provided by other federal departments and can ensure that we are not duplicating services. The collaborations enhance the ability of each department to address their program missions. 

Collaboration examples include: 

• DEHS is an active participant of the HUD Healthy Homes Working Group. 

• DEHS is supporting the FDA/Center for Food Safety and Applied Nutrition 

(CFSAN) by serving on an objective review committee for a grant supporting 

Native American Tribes outreach, education, and training to enhance food safety and Food Safety and Modernization Act compliance. 

• Supporting an IHS Injury Prevention Liaison position within the CDC National 

Center for Injury Prevention and Control. This interagency agreement focuses 

on injury issues impacting AI/AN. 

• Supporting regional integrated pest management initiatives through agreements with the EPA in several IHS Area Offices. 

• Ongoing local collaboration with BIA/Bureau of Education regarding school and 

correctional facilities environmental health and safety inspections. 

The Division of Facilities Planning and Construction is the headquarters focal 

point for the planning of new and replacement health care facilities. The Indian 

Health Service follows a publically available, congressionally adopted health facilities construction priority list that is not duplicated by another department. It is not 

uncommon for multiple departments to collaborate with tribes in developing health 

care facility projects, always being aware of respective contributions to preclude duplication. 

The Division of Sanitation Facilities Construction (DSFC) on behalf of the Department of Health and Human Services (HHS) has been participating since 2007 in the 

Infrastructure Task Force (ITF). The goal of the ITF is to reduce the number of tribal homes lacking access to safe drinking water and basic sanitation. In addition to 

HHS the ITF includes federal representatives from Environmental Protection Agency, the Department of Housing and Urban Development, the Department of the Interior, and the Department of Agriculture. The multi-agency task force was created 

to coordinate federal activities in delivering water and waste infrastructure that 

provides safe drinking water and basic sanitation to tribal communities. More information about the ITF can be found here: https://www.epa.gov/tribal/federal-infrastructure-task-force-improve-access-safe-drinking-water-and-basic-sanitation 

Question 3. Please provide a complete list of all programs and funding opportunities offered by your department for tribes and individual American Indians,their individual funding level, the metrics used by the department to gauge the program’s 

effectiveness, and how the program meets these metrics. 

Answer. Under the Indian Self-Determination and Education Assistance Act, 

Tribes have the opportunity to contract or compact any of the line items, or parts 

thereof, shown on the FY 2017 Crosswalk, Budget Authority, Estimated Distribution 

table shown on page CJ–14 of the IHS FY 2017 President’s Budget. This table also 

shows the total estimated amounts the tribes get in each budget line item of which 

an example of further breakout is the Self-Governance Funded Compacts on pages 

CJ–235 through CJ–237 (FY 2015 data). 

IHS also provides grants to Tribes and Urban Indian Organizations through limited competition grant announcements. Included in these grants are: 

a) Domestic Violence grants (page CJ–59) 

b) Behavioral Health grants (pages CJ–91, 97, 99–100) 

c) Tribal specific grants (pages CJ–147, 155) 

d) Special Diabetes Program for Indians grants (page CJ–192) 

e) Urban Indian Organization grants (page CJ–131) 

To assist in the recruitment and retention of medical professionals, IHS also offers 

scholarships and a loan repayment program (pages CJ–140, 142–143). 

Following are summary tables of current, active programs with descriptions, 

CFDA number, number of funded actions, and obligated amounts for 

FY2015 and FY2016 respectively. 

63 

Fiscal Year 2015 Summary and Detail Report 

Grant Program Description CFDA # Funded 

Actions Obligated Amount 

Children & Youth Projects (CYP) 93.933 0 $0.00 

Dental Preventive Clinical Support (TDCP) 93.933 5 $1,250,000.00 

Development Grants for IHS or Facilities (TMD) 93.228 14 $1,164,442.00 

Diabetes - Community Directed (SDPIP) 93.237 241 $67,168,145.00 

Diabetes - Prevention/Healthy Heart Initiatives (SDPIDPHHI) 93.442 57 $19,067,846.00 

Diabetes - Prevention/Healthy Heart Initiatives Federal (SDPI-DPHHIF) 93.442 12 $4,400,500.00 

Diabetes - Self Governance (SDPIS) 93.237 83 $38,240,654.00 

Diabetes- Federal Service Units (SDPIF) 93.237 29 $11,555,887.00 

Domestic Violence Prevention Initiative (DVPI) 93.933 47 $5,832,680.00 

Epidemiology and Disease Prevention (EP1) 93.231 12 $9,789,577.00 

Health Professional Recruitment Program (HPR) 93.970 1 $25,000.00 

Healthy Lifestyles in Youth (HLY) 93.933 2 $1,250,000.00 

HIV National Program (OCPS-HIV) 93.933 6 $496,000.00 

Indians into Medicine (InMed) 93.970 3 $1,097,364.00 

Indians into Psychology (InPsy) 93.970 3 $715,077.00 

Injury Prevention Program (IPP) 93.284 24 $1,242,398.00 

Meth & Suicide Prevention-Urban (METHU) 93.933 6 $599,846.00 

Methamphetamine and Suicide Prevention Initiative 

(MSPI) 93.231 103 $11,009,467.00 

National Council of Urban Indian Health (UIHP3) 93.933 2 $1,233,089.00 

National Indian Health Outreach and Education I - 

Policy/Budget/Diabetes 93.933 1 $782,429.00 

National Indian Health Outreach and Education II - 

MSPI and HIV/AIDS 93.933 2 $250,000.00 

National Indian Health Outreach and Education III - 

Health Reform 93.933 2 $500,000.00 

Native American Research Centers for Health 

(NARCH) 93.933 21 $9,903,538.00 

Nursing Schools (NU) 93.970 5 $1,466,973.00 

Public Health Nursing (PHN) 93.933 10 $1,500,000.00 

Tribal Self Governance-Negotiation (TSGN) 93.444 2 $96,000.00 

Tribal Self Governance-Planning (TSGP) 93.444 5 $599,423.00 

Urban Indian Health Program (4-in-1) (UIHP2) 93.193 36 $8,278,461.00 

Urban Indian Health Program (Title V HIV/AIDS) 

(UIHP1) 93.193 11 $100,000.00 

Overall - Total 745 $199,614,796.00 

Fiscal Year 2016 to date Summary and Detail Report 

Grant Program Description CFDA # Funded 

Actions Obligated Amount 

Dental Preventive Clinical Support (TDCP) 93.933 0 $0.00 

Development Grants for IHS or Facilities (TMD) 93.228 0 $0.00 

Diabetes - Community Directed (SDPIP) 93.237 169 $66,801,152.00 

Diabetes - Prevention/Healthy Heart Initiatives (SDPIDPHHI) 93.442 0 $0.00 

Diabetes - Self Governance (SDPIS) 93.237 92 $52,656,246.00 

Diabetes- Federal Service Units (SDPIF) 93.237 16 $16,670,365.00 

Domestic Violence Prevention Initiative (DVPI) 93.933 1 $140,000.00 

Epidemiology and Disease Prevention (EP1) 93.231 7 $470,000.00 

Health Professional Recruitment Program (HPR) 93.970 0 $0.00 

Healthy Lifestyles in Youth (HLY) 93.933 0 $0.00 

Indians into Medicine (InMed) 93.970 1 $700,000.00 

Injury Prevention Program (IPP) 93.284 0 $0.00 

Methamphetamine and Suicide Prevention Initiative 

(MSPI) 93.231 9 $764,332.00 

National Council of Urban Indian Health (UIHP3) 93.933 0 $0.00 

National Indian Health Outreach and Education II - 

MSPI and HIV/AIDS 93.933 1 $36,000.00 

64 

1 IHS National Data Warehouse 

2 IHS Diabetes Care and Outcomes Audit 

3 United States Renal Data System 

Fiscal Year 2016 to date Summary and Detail Report—Continued 

Grant Program Description CFDA # Funded 

Actions Obligated Amount 

Native American Research Centers for Health 

(NARCH) 93.933 0 $0.00 

Nursing Schools (NU) 93.970 0 $0.00 

Public Health Nursing (PHN) 93.933 0 $0.00 

Urban Indian Health Program (4-in-1) (UIHP2) 93.193 13 $727,533.00 

Urban Indian Health Program (Title V HIV/AIDS) 

(UIHP1) 93.193 0 $0.00 

Overall - Total 309 $138,965,628.00 

Program effectiveness is evaluated by the respective Program staff/officials, as are 

any established metrics to evaluate program effectiveness. The purview of the Division of Grants Management (DGM) at IHS is primarily administrative (compliance 

with terms of award, timely submission of required progress and financial reports, 

etc.). DGM is responsible for managing the grants that support the programs. Continued funding is based upon the satisfactory progress and the availability of funds, 

whereas satisfactory progress is evaluated predominantly by the respective program 

staff, with input provided to DGM staff for consideration. 

The Special Diabetes Program for Indians (SDPI) grant program has provided 

funds to AI/AN communities for diabetes treatment and prevention since FY 1998. 

It is currently funded at $150 million per year through FY 2017. SDPI has just completed a competitive application process for a new five year grant cycle and has 

awarded funds to 301 IHS/Tribal/Urban grantees in 35 states. 

Since the inception of SDPI, many clinical indicators have shown significant improvement, importantly: 

• Slowing of the rise of diabetes prevalence: From 2001–2005, there was a relative increase in age-adjusted diabetes prevalence in AI/AN adults of 2.2 percent per year on average, while from 2006–2013, diabetes prevalence increased 

only 0.8 percent per year on average. 1

• Childhood obesity rates have levelled off: Rates of obesity in AI/AN children and 

youth aged 2–19 years remained nearly constant from 2006–2013. 1

• Improved blood sugar control: Average blood sugar (as measured by the A1C 

test) in AI/AN patients with diabetes decreased from 9.0 percent in 1996 to 8.1 

percent in 2015, nearing the A1C goal for most patients of less than 7 percent. 2

• Improved blood lipid levels: Average LDL cholesterol in AI/AN patients with diabetes decreased 22 percent from 118 mg/dL in 1998 to 94 mg/dL in 2015, well 

below the target of 100 mg/dL. 2

• Reduced kidney failure: From 2000 to 2011, the rate of new cases of kidney failure due to diabetes leading to dialysis declined 43 percent in AI/AN people. This 

is a much larger decline than in any other racial group in the U.S. 3

While there is no way to determine how much of this tremendous progress can 

be attributed to SDPI, no other program has provided significant and consistent 

funding to address diabetes in AI/AN communities. Diabetes is a costly disease to 

prevent and treat and many of the services needed to do this are either poorly reimbursed or not reimbursed at all by whatever third party insurance patients may 

have. However, not providing these services results in far greater costs in the long 

run. As noted above, there have been remarkable improvements in many important 

diabetes measures since SDPI started in FY 1998. Without SDPI, it would be difficult to expect any further improvements and much of what has been achieved 

could be reversed. SDPI is one of the most successful programs ever established to 

improve the health of AI/AN people. 

The Substance Abuse and Suicide Prevention program, formerly known as the 

Methamphetamine and Suicide Prevention Initiative (MSPI), is a nationally-coordinated program focusing on providing much-needed substance abuse and suicide prevention and intervention resources for Indian Country. This initiative began in 2010 

and continues today as a $13.5 million grant program to promote the use and development of evidence-based and practice-based models that represent culturally-approVerDate Mar 15 2010 10:12 Jan 09, 2017 Jkt 023253 PO 00000 Frm 00068 Fmt 6601 Sfmt 6621 S:\DOCS\23253.TXT JACK
65 

priate prevention and treatment approaches to substance abuse disorders and suicide prevention from a community-driven context. From 2009–2015, MSPI resulted 

in over 12,200 individuals entering treatment for methamphetamine abuse; more 

than 16,560 substance use and mental health disorder encounters via telehealth; 

over 16,250 professionals and community members trained in suicide crisis response; and more than 690,590 encounters with youth provided as part of evidencebased and practice-based prevention activities. 

The Domestic Violence Prevention Program (DVPP), formerly known as the Domestic Violence Prevention Initiative (DVPI) is a $8.967 million congressionally 

mandated, nationally coordinated grant and federal award program for Tribes, Tribal organizations, federally operated programs, and Urban Indian organizations to 

provide violence prevention and treatment services. The DVPP promotes the development of evidence-based and practice-based models that represent culturally appropriate prevention and treatment approaches to domestic and sexual violence from 

a community-driven context. The DVPP expands outreach and increases awareness 

by funding projects that provide victim advocacy, intervention, case coordination, 

policy development, community response teams, sexual assault examiner programs, 

and community and school education programs. From 2010–2015, the DVPI resulted 

in over 78,500 direct service encounters including crisis intervention, victim advocacy, case management, and counseling services. More than 45,000 referrals were 

made for domestic violence services, culturally-based services, and clinical behavioral health services. In addition, a total of 688 forensic evidence collection kits were 

submitted to federal, state, and tribal law enforcement. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN MCCAIN TO

MARY SMITH

Question 1. As you know, the Indian Health Service faces very real challenges in 

the State of Arizona, largely due to failing infrastructure. I’m pleased to see the significant commitment to the Phoenix Indian Medical Center and other Arizona 

projects in the IHS construction budget. Can you commit to finishing construction 

on the PIMC project in FY 2017 as well as other Arizona facilities, even ifCongress 

provides level funding for the construction budget? 

Answer. A comprehensive master planning study for the proposed replacement of 

the Phoenix Indian Medical Center (PIMC) began in 2000. This study was developed 

in partnership with the 39 Tribes in Arizona, Nevada, and the tribes in Utah. The 

Phoenix Area Indian Health Service and Tribal Leadership along with the congressional appropriation committees defined a multi-facility approach to addressing the 

healthcare needs overloading PIMC as the PIMC System. This PIMC System, comprised of three outlying ambulatory care centers (ACC), located in Gila River Southwest ACC at Komatke, Gila River Southeast ACC at Chandler, and PIMC NE ACC 

at Scottsdale and a central downtown Phoenix facility. The concept for the plan was 

that the outpatient workload would remain at these three outlying locations thus 

reducing the workload in the Phoenix central facility. The construction of the Gila 

River Southwest ACC facility has been completed and has been in service since January 2009. The Gila River Southeast ACC facility is currently under construction 

and the PIMC NE ACC facility is under design. 

The Phoenix Area IHS will conduct an analysis of the workload in all four locations after the last outlying facility is in service for at least one year. This will establish the workload baseline for planning for the downtown Phoenix facility consisting of an ambulatory care center and inpatient facility. Finishing construction 

of this PIMC system will not be completed in FY 2017. However, the Indian Health 

Service is committed to completing the entire PIMC System once the workload parameters are in place to plan, design and construct PIMC Central. 

Design funds have been requested in the President’s FY2017 budget for the proposed replacement Whiteriver Hospital in Whiteriver, AZ. The Phoenix Area IHS is 

currently updating the planning documents. 

The proposed 7,088 square meter replacement facility for the Fort Yuma health 

clinic is fully funded for construction and is expected to be providing health care 

services in the summer of 2017. 

The proposed 14,000 square meter replacement healthcare facility for the Dilkon 

health center in Dilkon, AZ. has been funded to begin infrastructure work including 

a 39-mile waterline with design of the facility beginning in FY 2017. 

The proposed replacement facility for Bodaway Gap health clinic in Bodaway Gap, 

AZ., is scheduled for funding after FY 2017. 

66 

The proposed replacement for the Sells Hospital in Sells, AZ., is the last project 

on the current priority list of outpatient clinics and is scheduled for funding after 

FY 2017. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JAMES LANKFORD TO

LAWRENCE S. ROBERTS

Question 1. For much of the last century, the Bureau of Indian Affairs has served 

as the federal government’s lead agency for programs serving American Indians and 

Tribes. However, there are also whole federal departments, such as the Department 

of Justice or the Department of Housing and Urban Development, that serve as subject matter experts for their service area. These departments often have greater resources and abilities to provide a service but they sometimes lack BIA’s ability to 

communicate on a government-to- government level with tribal governments. How 

can we maximize the impact of federal services by pairing the abilities of both sides? 

Answer. The Administration seeks to bring an ‘‘all-of-government approach’’ to Indian Affairs by pairing Interior’s relationship with tribal governments with the subject matter experts from other agencies. Through this effort we work closely with 

other federals agencies to enhance our own efforts and minimize duplication of services. The Department is also developing the Native One Stop site 

(www.NativeOneStop.gov) to allow tribes to view program opportunities available to 

them across all agencies. 

In addition, we are engaged in a concentrated effort with HUD, DOJ, USDA, and 

ED in coordination with the Office of Management and Budget, to develop interagency budget metrics around Native youth. This year we are setting baselines and 

beginning measure progress in six areas: educational outcomes; teacher housing; access to Internet; ICWA; teen suicide; and criminal justice. This effort is designed 

to better gauge the impact of our programs in these specific areas. 

Question 2. What actions do you take at a leadership level to ensure your department is not duplicating a tribal service provided by another department? 

Answer. The Department makes every effort to partner and work closely with 

other federal agencies and the White House Council on Native Affairs to ensure all 

of the programs are working together to reach common goals and not duplicating 

services. 

Question 3. Please provide a complete list of all programs and funding opportunities offered by your department for tribes and individual American Indians, their 

individual funding level, the metrics used by the department to gauge the program’s 

effectiveness, and how the program meets these metrics. 

Answer. The attached Indian Affairs’ Comprehensive Table is a listing of all available programs. For performance metrics, we have 45 different performance measures that we use for both BIE and BIA. These include: 

• 9 measures within Justice Services 

• 13 measures within Indian Services 

• 21 measures within Trust Services 

• 1 measure within Indian Education 

• Highlights for Quarter 1 of FY2016 include: 

—Participants Earnings Gain: $10.09 per hour 

—Violent Crime per 100,000: 148.68 crimes 

—Loss Rates on DOI Guaranteed and Insured Loans: 2.44% 

—Roads in acceptable condition: 14.7% 

All programs and their corresponding measures and/or results data are included 

in the program section of Indian Affairs’ budget justification to Congress. Performance metrics and achievements are also outlined in the DOI Annual Performance 

Plan and Report. 

The Department also provides input into the Native American Crosscut each fiscal 

year, which is a list of programs that benefit tribes and individuals across all federal agencies prepared by the Office of Management and Budget. 

Question 4. How does BIA work with to assist tribes in developing their own environmental rules for enforcement within the reservation or tribal boundaries? 

Answer. The BIA encourages tribes to develop their own environmental programs 

by providing information on federal laws and regulations and grant programs available to tribes. The BIA is also available to answer questions, provide training, and 

encourages tribes to attend training provided to BIA environmental personnel that 

might benefit their personnel. BIA environmental personnel are also available to assist and provide expertise and technical assistance. 

67 

Question 5. If a tribe establishes their own environmental rules, can they be enforced in place of federal environmental rules on the tribal reservation or within the 

tribal boundaries, including both land held in trust and not held in trust? 

Answer. Several federal environmental statutes contain provisions under which 

federally recognized tribes may be treated in a ‘‘similar manner as a state’’ (TAS) 

for implementing and managing certain environmental programs on trust and restricted lands, including the Clean Water Act (CWA), the Safe Drinking Water Act 

(SDWA), and the Clean Air Act (CAA). To obtain TAS, a tribe must submit an application to EPA demonstrating that it meets the applicable statutory and regulatory 

requirements. Under these statutes, tribes must develop standards that are at least 

as protective as federal standards. For example, tribes that seek TAS to administer 

a Water Quality Standards program under the CWA must develop water quality 

standards at least as stringent as federal water quality standards. 

Question 6. Can a tribe elect to not enforce federal environmental rules on a reservation or on land held in trust? If so, how does this impact the issuance of permits 

by the federal government for mineral development? 

Answer. If a tribe does not have TAS to administer applicable federal environmental laws or where TAS is not available to tribes under certain statutes, the EPA 

or the appropriate regulatory federal agency implements and enforces federal laws. 

Question 7. Is land held in trust different than ‘‘public land’’ as defined in 43 

U.S.C 1702(e)? 

Answer. Yes, public lands are held for the benefit of US citizens, tribal trust lands 

are held in trust for the beneficial use of a particular group of people: tribes. Tribal 

restricted fee lands are held in fee by the Tribe subject to federal restrictions on 

alienation. Congress specifically excluded lands held for the benefit of Indians, 

Aleuts, and Eskimos from the ‘‘public land’’ definition and provisions of the Federal 

Land Management and Policy Act (43 U.S.C 1701 et seq.). 

The Secretary of the Interior has delegated primary administrative responsibilities to the Bureau of Indian Affairs for lands held in either trust or restricted status. Other Interior bureaus may also have responsibilities on trust or restricted land 

delegated by the Secretary. For example, the Bureau of Land Management regulates 

operations on mineral leases, and the Office of Natural Resource Revenue collects 

royalties on such leases. 

Question 8. Are federal actions on land held in trust different than ‘‘public lands’’ 

as defined by 43 USC 1702(e)? 

Answer. Yes. Federal actions on public lands are governed by applicable statutes, 

along with Secretarial authorities to lease/permit. Federal actions on land held in 

trust are also governed by applicable statutes and regulations, as well as different 

authorities to lease/permit. Landowner (individual Indians and Indian tribes) consent and compensation is usually required, as well as consideration for the best interests of the landowners. 

‘‘Public lands’’ lay within the jurisdiction of the federal government for public use. 

Trust lands are different because the Federal government is the ‘‘trustee’’ for the 

lands which are held for use by the tribes or tribal individuals. Federal actions are 

taken as a trustee for the tribes, not the public at large. 

Question 9. What is the status of the Johnson O’ Malley program and when will 

an updated count of students be put in place? 

Answer. The Johnson O’Malley (JOM) program continues to disburse funds based 

on the 1995 JOM student count of 271,884 students. BIE staff conducted an updated 

self-reported student count in 2012 and 2014. In 2012 the student count was 

321,273, and in 2014 the count was 341,126. During tribal consultations that took 

place in December 2015, the question of funding methodology was brought forward 

and there was no consensus on which methodology was preferable. The Department 

requests guidance from the Congress regarding a funding methodology that will 

allow additional students and new contractors to be included. 

In order to change the funding methodology, Congressional action is needed to address two statutory requirements. JOM is considered Tribal Priority Allocation 

(TPA) funding, as such sections 450j-1(b)(2) and 458cc(g)(3) of Title 25 of the United 

States Code prohibit a reduction in the amount of TPA funding in subsequent years 

unless one of five statutory conditions is met. Without Congress’s concurrence, the 

Bureau would be required to fund all tribal contracts receiving funds based on their 

1995 student count, regardless of the 2012 and/or 2014 counts. This could result in 

multi-tier funding with 1995 count contractors held harmless and the ‘‘new’’ (2014) 

contractors governed by a new methodology. The number of tiers could grow each 

year as new contractors were identified. 

Secondly, the current distribution methodology was set in statute during the 1989 

appropriation process and congressional action is needed to change the methodology. 

68 

Pub. L. 100–446, Title I, Sept. 27, 1988, 102 Stat. 1795 provides: ‘‘That notwithstanding any other provision of law, the amounts available for assistance to public 

schools under the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 

et seq.), shall be distributed on the basis of the formula recommended by the Assistant Secretary of Indian Affairs in a letter to the Committees on Appropriations 

dated June 27, 1988, except that for the fiscal year ending September 30, 1989, the 

minimum weight factor shall be 1.1 rather than 1.3 and for the fiscal year ending 

September 30, 1990, the minimum weight factor shall be 1.2 rather than 1.3.’’ 

*RESPONSE TO THE FOLLOWING QUESTIONS WAS NOT AVAILABLE AT THE TIME THIS

HEARING WENT TO PRINT* 

Questions to HUD 

Question 1. For much of the last century, the Bureau of Indian Affairs has served 

as the federal government’s lead agency for programs serving American Indians and 

Tribes. However, there are also whole federal departments, such as the Department 

of Justice or the Department of Housing and Urban Development, that serve as subject matter experts for their service area. These departments often have greater resources and abilities to provide a service but they sometimes lack BIA’s ability to 

communicate on a government-to-government level with tribal governments. How 

can we maximize the impact of federal services by pairing the abilities of both sides? 

Question 2. What actions do you take at a leadership level to ensure your department is not duplicating a tribal service provided by another department? 

Question 3. Please provide a complete list of all programs and funding opportunities offered by your department for tribes and individual American Indians, their 

individual funding level, the metrics used by the department to gauge the program’s 

effectiveness, and how the program meets these metrics. 

Questions to DOJ 

Question 1. For much of the last century, the Bureau of Indian Affairs has served 

as the federal government’s lead agency for programs serving American Indians and 

Tribes. However, there are also whole federal departments, such as the Department 

of Justice or the Department of Housing and Urban Development, that serve as subject matter experts for their service area. These departments often have greater resources and abilities to provide a service but they sometimes lack BIA’s ability to 

communicate on a government-to-government level with tribal governments. How 

can we maximize the impact of federal services by pairing the abilities of both sides? 

Question 2. What actions do you take at a leadership level to ensure your department is not duplicating a tribal service provided by another department? 

Question 3. Please provide a complete list of all programs and funding opportunities offered by your department for tribes and individual American Indians, their 

individual funding level, the metrics used by the department to gauge the program’s 

effectiveness, and how the program meets these metrics. 

Question 4. Please provide documentation on how DOJ allocates the funding authorized by 42 USC 10601(g). 

Question 5. If DOJ does not fully allocate the funding authorized by 42 USC 

10601(g), please explain why and what steps DOJ is taking to ensure the funding 

is fully utilized. 

Æ