59 ‘

TFAS computer system will be compatible with the BIA TAAMS computer system, and that
they will be able to print out an “exceptions report” that will show payments that were
due but not received. However, no office seems to be responsible for running the
“exceptions report” and no office seems to be responsible for taking action to notify the
lessees and begin the process of collection. We believe that issues such as these must be
specifically addressed within the proposed regulations,

Unfortunately, we believe that Congressional oversight will be needed to ensure that the
BIA develops the overall! structural, management and staffing framework for its trust
management system as a part of the development of the regulations that will drive that
system, We believe that an appropriate management structure should begin with an
analysis of what obligations and services must be provided to Indian beneficiaries, and
then structured to ensure that obligations are met, that offices work together, and that
employees are held accountable for performing their duties. In this regard, we believe
that the E1A should look toward private sector trust management systems and develop a
system that is much more oriented toward the beneficiary.

Finally, we would like to note several areas of underlying trust management law where we
would like to work with Congress on improving the statutes. First, we believe that
Congress should directly address the trust funds management and provide clear guidance
to the BIA and the OTFM on roles and responsibilities for trust funds management and
particularly in a number of areas on Individual Indian Money (lIM) accounts. Second, the
Indian Land Consolidation Act of 2000 was a big step forward in helping move the
probate of Indian estates forward. An important next step will be to consider developing a
federal probate code for the probate of Indian estates where the tribe has not established
its own code, in far too many instances, Indian probate cases are decided under state laws
which do not adequately address the concern relevant to Indian trust property. In
addition, a federal probate code would serve to resolve conflicts of laws issues and
generally speed the resolution of the backlog of Indian probate cases. Finally, we would
like to ask the Committee to consider revising the general statute on surface leasing of
Indian lands found at 25 U.S.C. 415 in light of the modern era of tribal self-determination.
Our view is that tribal governments are considerably more sophisticated than in the
1950's when this statute was adopted, and that it is time to allow tribes to have a greater
role in approval of leases, particularly short term leases. This type of change could
considerably reduce the workload of the BIA, particularly if it were paired with change to
the law regarding lease appraisal. The current statute also contains the vestiges of the
discredited termination policy, and these provisions should be updated as well.

XL. LAW ENFORCEMENT
Despite comprising the smallest segment of the Nation’s population, American Indians are

more than twice as likely to be the victims of violent crime than any other race, according
to statics released on March 18 2001, by the Department of Justice (DOJ).

Page 14


123

Unrrep Sout ano Eastern Tripes. inc.

Resolution No. USET 2001: 037

FEDERAL LABOR POLICIES AND INDIAN COUNTRY

WHEREAS, United South and Eastern Tribes Incorporated (USET) is an intertribal
‘organization comprising twenty-four (24) federally recognized tribes; and

WHEREAS, __ the actions taken by the USET Board of Directors officially represent the
imentions of each member tribe, as the Board of Directors comprises
delegates from the member tribes’ leadership; and

WHEREAS, the National Labor Relations Board (NLRB) has historically and correctly
taken the position that Indian nations are not subject to the National Labor
Relations Act; and

WHEREAS, the NLRB General Counsel bas asked the agency to reverse its long standing
precedent of subjecting Indian nations to the National Labor Relations Act;
and

WHEREAS, _ the United States Court of Appeals for the Tenth Circuit, in NLRB et al. v.
Pueblo of San Juan, 228 F.3d 1195 (10th Cir. 2000), has recently upheld the
validity of the “right- to-work” ordinance enacted by the Pueblo of San Juan
and ruled that the National Labor Relations Act does not apply to Indian
mations; and

WHEREAS, Indian nations, as sovereign and independent governments, should not be
subjected to the labor and employment statutes of other governments and
hould be free, like all governments, to decide whether and to what extent
they will enter into collective bargaining agreements; therefore be it

RESOLVED the USET Board of Directors hereby condemns the efforts of the NLRB
General Counsel to unlawfully subject Indian nations to the National Labor
Relations Act; and be it further

RESOLVED the USET Board of Directors urges each member Tribe to consider the
adoption of a “right-to-work” ordinance or similar measure for purposes of
regulating employment and labor issues on all lands within their sovereign

\URTIFICATION

This resolution was duly passed during Impact Week, at which a quorum was present in
Arlington, Virginia on Thursday, February 1, 2001.

Klbhory- ak, Ud gt~

Keller George, President Beverly Wright, Secretary
‘United South and Eastern Tribes, Inc. United South and Eastern Tribes, Inc.

“Because there is strength in Unity”


25

Because we have not seen the details of the proposed fiscal year
2002 budget request, we urge the committee to keep in mind the
following when considering Indian funding related issues. First is
Tribal Priority Allocations, [TPA]. As indicated by the initial data
from Census 2000, tribes will face increased demands for services
to their communities and families due to the population growth on
reservations. However, TPA funds, which are utilized to provide on-
going, essential services at the local tribal level, have not been in-
creased at levels that would meet the growing needs of each tribe.
According to the 1999 Tribal Report on TPA, the unmet need in
TPA-funded programs was estimated at $688 million.

No. 2, is means testing. In recent years, Congress has expressed
concern about perceived “inequities” in funding and considered im-
posing a “means test” to allocate Federal funds to tribes. We cer-
tainly commend members of this committee for successfully fight-
ing these ill-conceived proposals that would stand in stark violation
of the Federal trust responsibility. We remain strongly opposed to
any type of means test to determine whether or how much Federal
assistance a tribe may receive until Congress first ensures that the
unmet needs of all tribes have been met.

Although some of our member tribes have recently begun to
achieve economic success through their various businesses, there
are decades, if not centuries, of poverty from which the tribes must
rebuild. The toll on human health, education, and welfare has been
tremendous and the tribes are still building the infrastructure and
systems necessary to cultivate economic development.

We instead encourage this committee to continue efforts to de-
velop long-term solutions identified by the 1999 Tribal Report on
TPA, which includes the “Tiered Methodology” for funding distribu-
tion that USET first proposed in 1998. This method provides that
future TPA funding increases would be distributed to all tribes but
at an accelerated rate to the lower-funded tribes in order to ad-
dress the disparities among tribes. We attach our testimony on this
topic as an additional resource.

No. 3, is contract support and administrative cost grants. Both
contract support costs, [CSC] funds and Administrative Cost
Grants are intended to fund the additional costs incurred by tribes
when they contract to operate Federal programs. These are costs
not necessarily borne by the Federal contracting agency, for exam-
ple, GSA lease support, agency legal counsel or Department of Jus-
tice legal support, retirement costs, telecommunications costs, et
cetera.

Administrative Cost Grants are the mechanism by which tribes
that operate BIA-funded schools receive funding for administrative
and indirect costs. Although it is irrefutable that these funds are
a critical element in fulfilling the Federal policy of encouraging
tribal governments to design and administer services locally for
their members, CSC and ‘Administrative Cost Grants have been se-
riously underfunded for a number of years.

The fiscal year 2001 estimated shortfall for CSC funds was $16.9
million for BIA programs, and $13 million for Administrative Cost
Grants. Whenever the appropriations fall below the needed
amount, all contractors and schools suffer a pro-rata reduction in
CSC and/or Administrative Cost Grant funding, and, thus, must


COMMITTEE ON INDIAN AFFAIRS

BEN NIGHTHORSE CAMPBELL, Colorado, Chairman
DANIEL K. INOUYE, Hawaii, Vice Chairman

FRANK MURKOWSKI, Alaska KENT CONRAD, North Dakota
JOHN McCAIN, Arizona, HARRY REID, Nevada

PETE V. DOMENICI, New Mexico DANIEL K. AKAKA, Hawaii
CRAIG THOMAS, Wyoming PAUL WELLSTONE, Minnesota
ORRIN G. HATCH, Utah BYRON L. DORGAN, North Dakota
JAMES M. INHOFE, Oklahoma TIM JOHNSON, South Dakota

PAUL MOOREHEAD Majority Staff Director /Chief Counsel
Parnicia M. ZELL, Democratic Staff Director /Chief Counsel

(


119

Unrrep Sours ann Eastern Trizes. nc.

USET Resolution No. 2001:22

‘SUPPORT OF THE REAUTHORIZATION OF THE INDIAN HEALTH CARE.
IMPROVEMENT ACT

WHEREAS, United South and Eastern Tribes Incorporated (USET) is an intermibal
‘organization comprising twenty-four (24) federally recognized tribes; and

WHEREAS, the actions taken by the USET Board of Directors officially represent the
{intentions of each member tribe, asthe Board of Directors comprises delegates
from the member tribes’ leadership; and

WHEREAS, the Indian Health Care Improvement Act has since 1976 provided a detailed
structure for addressing the health care needs of American Indian/Alaska Native
‘People in a manner consistent with the federal responsibility; and

WHEREAS, authorization for appropriations in the Act is currently set to expire on September
and

WHEREAS, the bill developed by the National Tribal Steering Committee for the
reauthorization of the Indian Health Care Improvement Act has been introduced
in the House of Representatives as H.R. 3397 and (with some modifications) in
the Senate as S. 2526; and

WHEREAS, former Chief Joyce Dugan, Eastem Band of Cherokee Indians and former
(Chairman Eddie Tullis, Poarch Band of Creek Indians were involved in the
development of the National Steering Committee bill through pantcipation on the
National Tribal Steering Commitee on bebalf of the USET member tribes; and

WHEREAS, the USET Board of Directors endorses the enactment of the National Steering
‘Comminee bill and suppons the modifications therein, which are intended to (1)
increase the number of Indians involved in health professions; (2) improve the
<clivery of bealth services and increase the tribal consultation requirements
relevant to bealth services delivery, (3) identify the total health facility deficiency
{in Indian country and authorize innovative approaches to health facility
‘construction financing without waiving the federal responsibility to provide
bealh services under existing federal lnw; (4) increase access to Medicare,
‘Medicaid and other third party reimbursements for health services to AVAN
‘people; (5) increase access to bealth services for urban AVAN people without
reducing federal support for health care to tribal AU/AN people, (6) establish the
Indian Health Service (IHS) as an agency of the Public Health Service; (7)
‘comprehensive behavioral health program; and (8) establish « commission to
‘study the issue of how the federal government's obligation to provide health care
‘tw AV/AN people should be maintained as an entitlement and to provide for
negotiated rulemaking on critical bealth care issues; and

WHEREAS, reauthorization of the indian Health Care Improvement Act it essential to
saaintain the federal policy of raising the bealth status of AVAN people to the
highest possible level and the Steering Commintee bill removes barriers to
improvements in such siatus as identified above;

WHEREAS, the National Steering Committee bill takes account of the development of the
{federal policy of tribal self-determination and self-governance, which has
developed since the original Indian Health Care Improvement Act was enacted
‘and seeks to assure that health programs reflect tribal and urban decision-making
to the maximum feasible extent; therefore, be it


Unrrep Sout anp Eastern Trizes, inc.
711 Stewarts Ferry Pike * Suite 100 + Nashville, TN 37214
Telephone: (615) 872-7900 + Fax: (615) 872-7417

TESTIMONY PRESENTED BEFORE THE
SENATE COMMITTEE ON INDIAN AFFAIRS

BY UNITED SOUTH AND EASTERN TRIBES, INC.
KELLER GEORGE, PRESIDENT

GOALS AND PRIORITIES FOR THE 107TH CONGRESS
April 5, 2001

Chairman Campbell, Vice Chairman Inouye, and distinguished members of the
Senate Committee on Indian Affairs:

My name is Keller George. | am an enrolled member of the Oneida Indian
Nation, and currently serve as President of United South and Eastern Tribes (USET).
On behalf of the 24 member tribes of USET, | thank you for this opportunity to present
to you our legislative priorities for the 107th Congress.

Our member tribes cover a huge range of circumstances, varying widely in
population, tribal government infrastructure, economic development, and natural
resources. As such, the issues addressed in this statement do not reflect a priority
order —- all are critical to the well being of USET tribes.

The tie that binds the various legislative priorities of USET is our commitment to
tribal sovereignty and the freedom to exercise that sovereignty through tribal self-
governance. The Senate Committee on Indian Affairs has been critical to the protection
of tribal sovereignty — whether through legislation that this Committee has approved or
disapproved or in your role as an advocate on behalf of tribal concerns in legislation
under the jurisdiction of other congressional committees. We truly appreciate this
stalwart support, and hope to count on your continued partnership in our ongoing
struggle against erosion of tribal governmental rights and the prospect of harmful
legislative proposals, federal and state agency actions, and adverse court decisions
during the 107" Congress.

Examples of actions which have eroded or threaten to erode tribal sovereignty
among the USET member tribes are:

© Effort to by the state of Maine to assume all authority and jurisdiction of their
National Pollution Discharge system within the borders of tribal lands in Maine.

© Effort by the state of Louisiana to require state licenses for the tribally charted
Chitimacha insurance company.

“Because there is strength in Unity”


19

United South and Eastern Tribes, Inc.
Position Paper
February 1, 2001

‘SUBJECT:

Direct Tribal Access to funding under the Foster Care and Adoption Assistance Act as codified in Title IV-E
of the Social Security Act.

ISSUES:

These plans for action are essential to prepare recommendations for the new Administration and to
‘successfully implement the goals and objectives of the USET Tribes. Tribal input is critical to the concerns
that need to be addressed over the course of the next several years in shaping the future of the USET
Tribes.

The following Social Services issues, objectives, and recommendations have been developed as a result of
the efforts of Tribal leaders, through their membership with United South and Easter Tribes, Inc. (USET),
who have joined together to provide strength in unity among the member Tribes. The purpose of this
‘Advocacy Plan is to promote a unified view of the problems and difficulties within the Indian community and
to encourage negotiations and discussions with Congress and the Administration on critical American Indian
Policy issues.

Title V-E of the Social Security Act is a federal entitlement program that annually provides approximately
$5 billion to states for training, administration and data collection related to foster care and adoption
programs, foster care maintenance payments, and adoption assistance. Foster care maintenance payments
help pay for food, shelter, clothing, daily supervision, ete. Administrative funds help pay for case
management and other functions that support child placement. Training focuses on agency staff as well as
foster and adoptive families. In order to receive Title 1V-E funds, states are required to provide a matching
amount.

Title IV-E regulations allow states and Tribes to enter into agreements in order to provide services to Indian
children who are under Tribal jurisdiction. However, such agreements have been difficult to reach, and for
many of the estimated 50 Tribes that do have agreements with states, their agreements are limited in scope
to only some of the services that states receive under Title IV-E.

Because Title 1V-E funding has not served Tribal govemments and Indian children under Tribal jurisdiction in
the same manner that it has served states, Tribes have been forced to utilize child assistance funding
through the Bureau of Indian Affairs (BIA), which is generally restricted to the provision of foster care
maintenance payments. Funding for administration and training that is available through Title IV-E is
‘commonly unavailable through the BIA. In addition, some Indian children who meet the income eligibility
citer for Title IV-E are place in foster homes without the benefit of financial assistance, and other Tribes
have been forced to relinquish the custody of some of their children to state agencies. On the other hand,
state governments and income-eligible children placed in foster care and adoptive homes through state
agencies receive funding for services needed as an entitlement under Title V-E.


15

This is the only Bureau program that provides for the culturally
related and supplementary academic needs for Indian children at-
tending public schools. In fiscal year 2002, the Great Plains region,
the unmet need for the Johnson-O’Malley program alone was
$2,124,000. That is the unmet needs.

Tribally controlled community colleges and_ post-secondary
schools are the Indian success story, providing education and job
training opportunities to thousands of students who otherwise
might fail out of the educational system. The schools offer courses
in everything from biology, math to native languages and history
to ensure that students not only know about academic subjects, but
to cherish their American Indian life and our traditions.

What is most impressive is that the tribal colleges provide a wide
range of services on what most would describe as a shoestring
budget. Tribal colleges receive less than half the funding per stu-
dent of other community-based institutions. Between 1989 and
1999, enrollments at the tribal colleges tripled from 10,000 to al-
most 26,500, according. to an article published in the Lincoln Jour-
nal Star in Lincoln, .

In housing in the Great Plains area, the tribal housing in the
Great Plains area is inadequate. There are extremely low-income
families who are forced to live with other families or tribal mem-
bers because they are homeless. There are some cases where 15
people share a three-bedroom home.

We need approximately 10,400 housing units to meet our existing
needs on the Great Plains Reservation today. This does not even
include the people who want to return to the reservation for eco-
nomic opportunities. So, it is very important.

Many of our housing units are in substandard condition or are
in need or repair. Some of the homes that are substandard are, for
example, 1,648 homes on the Cheyenne River Reservation, 1,883
homes on the Pine Ridge Reservation, and 1,555 on the Turtle
Mountain Reservation, all in the Great Plains area.

Many reservations in the Great Plains Region simply do not have
adequate funding to repair and maintain their substandard aging
homes. On our small reservation in Flandreau, South Dakota, we
have a single mother with three or four children whose siding on
the home is falling off. The windows are 25 years old. There is poor
insulation. That is just one example.

Many reservations try to serve the neediest of the needy. They
try to prioritize such as living quarters for the elderly and the
handicapped families, which are very important. But yet, there still
remains to be a desperate need for adequate funding for new
homes and for the repair of these older homes.

The past 13 years, funding for just the Great Plains area alone
and for housing improvement Projects has remained the same with
little or no increase. The Great Plains Region is in dire need for
more funding for new homes and to repair these aging and existing

omes.

In the area of law enforcement, Indian country is very under
funded in this area. We desperately need more money just to be
able to opportunity at the same level as all other non-tribal and
non-Federal agencies.


128

Unrrep Sours ano Eastern Tripes, inc.

‘USET Resolution No. 2001: 045

SUPPORT FOR A YOUTH CONFERENCE TO ADDRESS ALCOHOL AND
SUBSTANCE ABUSE IN TRIBAL COMMUNITIES

‘WHEREAS, United South and Eastern Tribes Incorporated (USET) is an intertribal
‘organization comprising twenty-four (24) federally recognized tribes; and

WHEREAS, the actions taken by the USET Board of Directors officially represent the
{intentions of each member tribe, as the Board of Directors comprises delegates
from the member tribes’ leadership; and

WHEREAS, the future of Indian Country lies in the hands of our American Indian/Alaska
Native (AVAN) youth and their physical, spiritual and emotional health is a
Priority in tribal communities, and

WHEREAS, alcohol and substance abuse among AV/AN youth is becoming an increasing
concem for tribal communities; and

WHEREAS, in August of 2000 a Youth Conference wes held to begin addressing alcohol and
substance abuse in tribal communities; and

WHEREAS, due to the success of the former youth conference the USET Health Commitice
that the Indian Health Service (IHS) Nashville Area Office of Public
Health (NAO-OPH) continue efforts to coordinate another youth conference to be
held in Fiscal Year 2001; therefore, be it

RESOLVED the USET Board of Directors accepts the recommendation of the USET Health
‘Committee and supports a youth conference addressing alcohol and substance
abuse.

CERTIFICATION

This resolution was duly passed at the USET Impact Week Meeting, at which a quorum was
Present in Arlington VA, on Thursday, February 1, 2001.

Kbhe-fory- 8 ily (Ue et

Keller George, President Beverly Whight, Secretary
‘United South and Eastern Tribes, Inc. ‘United South and Eastem Tribes, Inc.


14

secondary schools in the BIA system. Tribal children among the USET tribes attend a
mix of BIA and public schools. To that end, we hope that you will continue to work with
tribal leaders and advocates to ensure that the broader Elementary and Secondary
Education Act reauthorization includes provisions to ensure that Indian youth in both the
public school systems and the BIA-funded school system receive all of the support they
need.

The USET Tribes are pleased that the new Administration has placed education
among its highest priorities, and has pledged that the “federal government will meet its
responsibilities to Native American children.” We hope that this year will mark a
turnaround in the chronic funding shortfalls that have too long plagued BIA funded
schools and public schools with high numbers of Indian students.

We strongly support fulfill ment of President Bush's campaign promise to devote
$1 billion to fully fund the maintenance backlog and construction needs of BIA schools.
But it is also critical that these schools have adequate resources to fund the educational
program itself, funding to draw and retain teachers, ensure prudent administration of
schools, and otherwise ensure that what goes on inside the schools receives as much
attention as the school facilities themselves. To this end, it is important that the BIA
schools receive full funding for the Administrative Cost Grants (approximately
$55 million in FY 2002) and that the core funding for these schools be increased to a
level more equitable with other schools, or $4,000 per student. We also support
increased funding for the Johnson O'Malley Program, which provides funds to both BIA
and public schools, and urge that the funding take into account increased student
enrollment.

The Impact Aid program is vital to public schoo! districts that contain indian trust
lands, and we are encouraged by recent increased appropriations for the Impact Aid
basic support payments and for construction for these schools.

Health

Indian Health Care Improvement Act. USET was an active participant in the
National Steering Committee made up of tribal leaders who drafted a proposal for
reauthorization of the Indian Health Care Improvement Act, and we urge its enactment.
We believe that pending Senate bill, S. 212, which would bring more of the IHS funding
to the local level, improve access to Medicare and Medicaid, provide new options for
facility construction, and provide better coordination among behavioral health services
(social services, mental health, substance abuse) will result in improved health care for
Indian people. We appreciate that this Committee held hearings on the reauthorization
of this important health legislation last Congress and that the bills introduced in the
House and Senate largely reflect the work of the tribal Steering Committee. We realize
that both the legislation and the committee jurisdictional issues surrounding it are
complex, and are willing to put a lot of effort into working for its enactment.

107th Priorities Testimony-KG 415101 Page 7


32

acquisition of lands in trust. Both of these processes are time-con-
suming and wholly separate from the recognition process.

The process for American Indian groups to obtain Federal rec-
ognition has become an arduous, costly and very lengthy endeavor,
a process that must be improved so that it is not politicized and
moves the applications in a timely manner. We support the com-
mittee’s efforts to improve the process but request that the Branch
of Acknowledgment and Research activities remain within the BIA
rather than creating an independent commission.

We ask the committee to consider the following in improving the
BAR process: Provide adequate funding for the BAR; establish en-
forceable timeframes under which the BAR must complete it work;
authorize the BAR to contract with experts and research institu-
tions to conduct research and analysis, with the BAR retaining
final review under the acknowledgment crit

Finally, we would urge that the responsibility for final decisions
on applications for Federal recognition remain with the Assistant
Secretary. As with other matters of Federal policy, the Assistant
Secretary considers the recommendations of the staff but the final
decision lies with the Assistant Secretary. Federal recognition deci-
sions should be handled the same way.

USET is greatly concerned that the FCC has not taken seriously
its consultation responsibilities with our member tribes, particu-
larly when it comes to the licensing and siting of communications
towers. As we all know, literally tens of thousands of these towers
have been constructed across the country, with tens of thousands
more in the planning stages. A number of these towers have, or
may have, an adverse impact on sites of religious and cultural im-
portance to tribes.

The National Historic Preservation Act provides, among other
things, that Federal agencies shall consult with any Indian tribe
and native Hawaiian organization that attaches religious or cul-
tural significance” to 9 Properties that might be affected by a Federal
undertaking. 16 U.S.C. Section 470a(d)(6)(B). The FCC licensing
process is a Federal vsndesteking but the FCC has consistently
failed to consult with tribes.

The FCC adopted rules last year to provide incentives for wire-
less telecommunications carriers to service Indian country. At the
same time, FCC seemed to attempt to delegate its consultation re-
sponsibilities to the tower industry to which we strongly object.

We applaud FCC’s actions last year in issuing a policy statement
establishing a government-to-government relationship with Indian
tribes and approval of a plan to subsidize telephone service in In-
dian country. However, there is still a long way to go in establish-
ing a productive working relationship between the FCC and tribes.
The FCC has held several multi-day meetings with tribes in var-
ious parts of the country but unfortunately not in the USET area.

Of note, FCC Commissioner Tristani is quoted in the March 19,
2001 issue of Communications Daily expressing concern that the
programmatic ment on wireless communications towers fell
short of the FCC’s obligation to facilitate tribal consultation. She
stated that:



103

Bureau of lustice Assistance Grants so that Tribe's can build thelr own court systems and adequately reflect
each individual Tribe's culture and traditions. Regionally based training sessions should be encouraged
and funded so that Tribes can share resources and expertise within the geographic regions. The
geographically based training also allows from grant money to be spent on instruction and education as
‘opposed to excessive long distance travel expenses.

To be effective in supporting Eastem Tribal lustice Programs the Eastem Regional Office of the BIA must
create a new fulltime Tribal courts support staff position. USET has passed a resolution requesting the
Eastern Regional Office ofthe BIA to hie a Tribal Cours Liaison person within the ERO, but that has not
been done. Applicants should be required to have significant experience working in and for Tribal Courts in
Indian communities and a pane! of Tribal Court Representatives should be utilized to recommend the best
candidates.

Itis advocated that the National Tribal lustice Resource Center's annual budget be increased to one milion
dollars. This may be accomplished with a Congressional earmark (like received by the National ludicial
College) or a specific line item in the federal budget. A non-competitive process should be utilized in order
to allow for the development of new district prosecutor, public defender, and probation officer projects,
which are vital to improving the justice services to American Indian communities.

‘SUMMARY:

The purpose of this Advocacy Plan is to promote a unified view of the problems and difticulties within the
Indian community and to encourage negotiations and discussions with Congress and the Administration on
critical American Indian policy issues.

The USET member Tribes hereby call upon the U.S. Department of Justice and the U.S. Bureau of Indian
Affairs to strengthen their support ofthe Tribal Justice court systems. The USET Tribes recognize that some
progress has been made in the Tribal courts area over the past few years, however, the lack of funding
resources continues to hamper the effectiveness of the Tribal court system. This results in negative social
and cultural impacts on indian communities. The USET Tribes are convinced that there are solutions to
these problems. The federal government is obligated, through its govemnment-to-govemmment relationship
with federally recognized Tribes, to contribute to these solutions. The USET Tribes call for a working
partnership between the United States Government and the twenty-four USET Tribes to address these
issues.

Keller George, USET Pr



39

One thing I think was a holdup was the scope of gaming. If my
memory serves me right, it was the position of Yourself and Sen-
ator McCain that scope of gaming could only be settled in the
courts because of the vast differences as you go from State to State
on the games that were legal. The IGRA says the tribes negotiate
with the State for a compact for games that are legal in that State.
The scope of gaming varies widely from State to State. I think that
was the roadblock in those discussions with the Attorney Generals
Association. I think it was over 2 years we worked on this and not
a lot of came of it because more or less they walked away from
those negotiations.

Senator INouYE. I was reminded that on May 8 the committee
will convene a roundtable type gathering with Indian country lead-
ers on energy. I hope you will be able to participate in that meet-

ing.

tr. GeEoRGE. We would be honored to do that and we look for-
ward to be able to present what we have been working on for quite
some time.

Senator INOUYE. We have several other questions we would like
to submit to you. They are rather technical and if you would favor
us with your responses, we would appreciate it.

Mr. GEORGE. Yes, sir; we will.

Senator INOUYE. With that, thank you again for your very com-

ehensive report. We will take your remarks very seriously and
hopefully we will be able to craft legislation to carryout some of the
recommendations you have made.

Mr. GEorGE. Thank you.

Senator INouyYE. Thank you, sir.

The hearing is adjourned.

(Whereupon, at 11:29 a.m., the committee was adjourned, to re-
convene at the call of the Chair.]


EXECUTIVE COMMITTEE

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64

NATIONAL CONGRESS OF AMERICAN INDIANS

THE NATIONAL CONGRESS OF
AMERICAN INDIANS

RESOLUTION #STP-00-091

Title: Office of Native American Business Development in the
Department of Commerce

WHEREAS, we, the members of the National Congress of American Indians
ofthe United States, invoking the divine blessing of the Creator upon our efforts and
purposes, in order to preserve for ourselves and our descendants the inherent
sovereign rights of our Indian nations, rights secured under Indian treaties and
agreements with the United States, and all other rights and benefits to which we are
entitled under the laws and Constitution of the United States to entighten the public
toward a better understanding of the Indian people, to preserve Indian cultural values,
and otherwise promote the welfare of the Indian people, do hereby establish and
submit the following resolution; and

WHEREAS, the National Congress of American Indians (NCAI) is the
oldest and largest national organization established in 1944 and comprised of
representatives of and advocates for national, regional, and local Tribal concems; and.

WHEREAS, the health, safety, welfare, education, economic and
employment opportunity, and preservation of cultural and natural resources are
primary goals and objectives of NCAT, and

WHEREAS, on November 7, 2000 the President signed into law the Native
American Business Development, Trade Promotion, and Tourism Act of 2000 (S.
2719). This Act creates within the Department of Commerce an Office of Native
American Business Development, which wili provide coordination and assistance (0
Native Americans in the areas of business development and trade promotion; and

1301 Connecticut Avenue NW, Suite 200, Washington, OC 20026 202 466.7767 fax 202 466 7797


35

greatly from tribe to tribe. We have some tribes that have 300-
some members that are members of USET. We have other tribes
that are much larger with much larger land bases.

I agree that means testing should not be used and will support
and work with the committee to make sure that means testing is
not used.

Senator INOUYE. There is concern among members of Indian
country about the Federal recognition process. As you know, a bill
sponsored by the chairman of this committee has been introduced
to acknowledge that responsibility but take it out of the Inierior
Department. Your position is to keep it in the BIA. Can you tell
us further why you wish to have it under the present process?

Mr. GEORGE. Part of the reasoning is that the bill that the chair-
man has presented is not really specific on where the recognition
process would go. We have been an advocate all along for the
streamlining of the bar process and making sure there is adequate
funding. As I mentioned : in my testimony, if adequate funding dol-
lars are there, we believe within the B under BAR would be the
most likely place to be able to do the research in a more timely
manner but in the long process, my tribe, although the tribe has
been federally-recognized from the beginning, the type of govern-
ment we had, it took us 12 years to get Federal recognition for that
type of government which is a traditional government. So that was
a lengthy and timely and expensive process we had to go through.
Nevertheless we did it. In 1987, we got our government’s recogni-
tion.

We feel the BIA is better equipped than any other entity in being
able to do that. USET has gone on record as opposing recognition
through legislation. We have been that way but will work with
tribes and are working with tribes through our legends, through
our orai traditions. We know who our neighbors were if the tribes
actually existed or not in those particular areas. That is one of the
strong things that we look for.

However, we would be willing to take a closer look at the pro-
posal but for now, I think it needs adequate funding and streamlin-
ing of the process, and probably the BIA is the best place to keep
it but we are willing to examine it and maybe reevaluate it and
change our mind. As we stand and as we look at it today, we think
the BIA is the best place for it.

Senator INoUYE. Some have suggested there should be a morato-
rium on the acknowledgement of newly recognized tribes. Do you
agree with that?

Mr. GEORGE. No, sir; I don’t believe I would. We have not, as an
organization, discussed that except among tribal leaders but have
not taken a position. I think the process has to go on. If through
the BAR process, they have been etermined to be eligible, I think
they should be recognized.

nator INOUYE. There is a recent Supreme Court decision that
I believe should be the concern of Indian country. In a water rights
case in which the U.S. Government is involved, the Interior De-
partment represented the interests of the Klamath Tribe because
the U.S. Government is a trustee. The Klamath Tribe, at the re-
quest of the Government, submitted certain confidential documents
to the Department.


NCAI 2000 57TH ANNUAL SESSION RESOLUTION #STP-00-053

WHEREAS, national [ndian organizations and tribes participated and consulted with the
Indian Heaith Service and Federal Government to advise on the re-authorization and proposed
language changes to the Indian Health Care Improvement Act.

NOW THEREFORE BE IT RESOLVED, that NCAI does hereby support the re-

authorization of the Indian Health Care Improvement Act, P.L. 94-437 with the proposed
language changes previously submitted by NCAI.

CERTIFICATION

The foregoing resolution was adopted at the 2000 Annual Session of the National Congress of
American Indians, held in St, Paul, Minnesota on November 12-17, 2000 with a quorum present,

Anke

Susan Masten, President

ATTEST: M. .

Adopted by the General Assembly during the 2000 Annual Session of the National Congress of
American Indians, held in St. Paul, Minnesota on November 12-17, 2000

PAGE 2


104

POSITION PAPER OF THE
UNITED SOUTH AND EASTERN TRIBE
ON THE SUBJECT OF TAXATION

‘Whereas, Indian nations are sovereign nations whose existence predates the formation
of the United States;

‘Whereas, Indian nations: (a) possess the inherent right to sovereign immunity; (b)
‘exercise governmental powers over persons and lands within their jurisdiction; and (c) enact
Jaws and ordinances to govern such persons and lands;

‘Whereas, the United States Constitution, by using the phrase “Indians not taxed”
‘Article I, Section 2 and in Section 2 of the Fourteenth Amendment, recognizes the nontaxable
‘fuatus of Indian cstions;

Whereas, the United States has entered into numerous treaties with Indian Nations that
reaffirm their sovereign stamis, and such treaties, according to the Supremacy Clause of the
U.S. Constinution, are the supreme law of the land; and many such treaties continue in full
force and effect to this day; and

Whereas, by executive order, the President of the United States bas directed the
Federal Government, its various departments and agencies to respect the sovereignty of Indian
‘nations, consistent with the historic nation-to-nation relationship berween Indian nations and
the United States.

Now therefore, the members of USET hereby subscribe to the following principles and
adopt such principles as their united position on the subject of taxation:

1 Indian nations are not subject to taxation by otber governments

2. Indian Nations have the power to impose their own taxes on persons and
transactions within their jurisdiction.

3. ‘The sovereignty and independence of Indian nations precludes external
goveroments from forcing Indian nations and their members to act as tax collectors for the
States otherwise submit to their jurisdiction.

4 From time to time, an Indian nation and another government may disagree
regarding the scope and jurisdiction oftheir respective tax statues. Individual Indian nations,
consistent with their status as sovereign and independent governments, are at liberty to resolve
such disagreements trough: (4) ligatn, i iter wil cours of fuch ete forums tha re

‘deemed appropriate; (b) the negotiation and execution of agreements; or (¢) such other means
as may be appropriate and/or necessary.


126

Unrrep Souts ano Eastern Trips. Inc.

‘USET Resolution No. 2001: 044
DISTRIBUTION METHODOLOGY FOR FISCAL YEAR 2001 DIAEETES FUNDS

WHEREAS, United South and Eastern Tribes Incorporated (USET) is an intersibal
organization comprising twenty-four (24) federally recognized tribes; and

WHEREAS, the actions taken by the USET Board of Directors officially represent the
intentions of each member tribe, as the Board of Directors comprises delegates
from the member tribes’ leadershi

WHEREAS, in an aftempt to address the diabetes epidemic in Indian Country the Congress
appropriated $150M in the Balanced Budget Act of 1997 (1997 BBA) over a five-
year period to the Department of Health and Human Services (DHHS) Indian
Health Service (IHS); and

WHEREAS, the IHS developed and implemented the Special Diabetes Program for American
Indiens/Alaska Natives utilizing the funds appropriated in the 1997 BBA; and

WHEREAS, because diabetes is so rampant in Indian communities and $30M per year is not
‘enough funding to make an adequate impact at the local level the Congress
‘appropriated an additional $70M for the remaining three years of the Special
‘Diabetes Grant Program which brings the total amount available to $100M for
Fiscal Years 2001, 2002, and 2003; and

WHEREAS, the distribution methodology used to allocate funds 10 the twelve IHS Areas
includes measures regarding disease prevalence, tribal size and user population
‘and has been the same throughout the Special Diabetes Grant Program; and

WHEREAS, the existing methodology does need to be adjusted, however distribution of the
‘ew funds in a timely manner is extremely important given the change in the
political environment; therefore, be it

RESOLVED the USET Board of Directors reconimends and supports the use of the existing

distribution methodology for the new diabetes funds as well as the previously
appropriated funds for Fiscal Year 2001 only; and, be it further

RESOLVED ihe USET Board of Directors instructs the USET Health Commitice to continue to
‘analyze and modify the distribution methodology prior to the next funding cycle
‘that begins om October 1, 2001 with periodic status reports provided to the USET
Board; and, be it further

RESOLVED the USET Board of Directors insists that all of the newly appropriated diabetes

funds be allocated to tribes for prevention and treatment activities and not diverted
‘to universities or special interest organizations for research purposes.

“Because there is strength in Unity”


45

No. 5. Individual tribal members need more assistance too. Individuals and tribal
governments alike have benefited greatly from such p! ms as BIA Direct Loans,
now without funds, and BIA Guaranteed Loans, which have been highly successful
in our area. Programs like Indian Business Development Grants and Indian Busi-
ness Technical Assistance need to be reinstated and provided enough funds to have
a chance to succeed.

Native American Tax Incentives: With only 2 years, remaining before the tax
incentives expire, many businesses are now reluctant to commit to locating or ex-
panding on our reservations. Economic planning and construction can take months
and sometimes years to develop from start to finish.

We would like to thank Senator John McCain for his support on the incentives
for economic development on Native American lands in the Senate.

I would like to say that tribal governments are good neighbors and good partners
in the future of economic development of our country, State, and local communities.

bal Courts: A strong court system in place is the key to a strong Nation. It
is very important for our courts to run properly and without interference from tribal
polities. Private companies feel more secure forming relationships/partnerships
when they feel like they have an equitable dispute resolution mechanism that is
available to them. Tribal court funding is needed because it not only improves eco-
nomic development, but also deters criminal behavior and maintains tribal identity.

Roads Maintenance: The Great Plain Area’s current funding level is approxi-
mately 30 percent of the actual need. All tribes in our region overwhelmingly ex-
pressed that road maintenance is a major concern on our reservations. The BIA esti-
mates that road maintenance is funded as little as $80 per mile. In comparison, an
average of $2,200. per mile is spent maintaining other Federal roads, and an aver-
age of $2,500. to $4,000. per mile is spent by states. With 7 million areas of land
in the Great Plains ‘ion and 200,000 people versus. the small tribes in California
with 15-30 members and few roads we urge you to increase our funding. Our roads
are important in providing emergency health care, law enforcement, and fire serv-
ices to our people.

We ask that the Congress maintain the Federal trust responsibility to Indian
country and continue to assist tribes on the road toward self-sufficiency. Thank you.


87

national averages. tn particular, the LNF Workgroup contracted with professional actuarial firms to
develop the national data for use in the LNF methodology. These consultants themselves identified the
tunefiabilty of such date when trying to apply it tothe local levels, es well es further difficulties in trying
to obtain simitar data from local sources. Therefore, the USET tribes believe that the LNF methodology
does not have the validity necessary to make decisions regarding funding allocations te individual entities
‘on # local eve.

Health Status: The LNF methodology is intended to eliminate health disparities end as such, the single-
‘Tost important factor that should be considered is health status. Health status indicators should include
disease burden, morbidity and mortality data sets. However, current sources of local data (.e.: states
‘andor counties) signficently under-report AVJANs as a distinct population group, or miscode AIAN people
al together. Therefore, accurate local data must be developed or acquired prior to utilizing the LNF
methodology for comparison of individual tribes.

Public Health Model: The trust responsibilty of the federal government to provide healthcare to the
AIAN people is overlooked by eliminating funding for “wrap-around” services in the LNF calculation. This
responsibilty includes funding for all aspects of proprams, functions, services and activities provided
through the Indian Health Service (IHS), not just select line items. A tribe may be fisted in the LNF
Workgroup Report il as having a LNF of 100%, when in fact, that tribe is not fully funded. The USET
member tribes are concerned about the potential misuse of the LNF methodology by sn uninformed
audience and urge the LNF Workgroup to develop a methodology thet incorporates all Indian Health
Service funding allocations.

Federal Trust Responsibility: The trust responsibilty of providing health care resources specifically to
AIIANs is a unique obligation ofthe federal government, Other federal dois expended on behelf of
AIAN people, such as Medicaid and Medicare, ae entitlements to which all U.S. citizens may benefit. As
such, Medicaid and Medicare payments for AU/AN health care do not meet the trust responsibilty ofthe
federal government specifically reserved for AVANS, Furthermore, statutory language in Title V of the
Indian Self-Determination and Education Assistance Act and Tite IV of the Indian Health Care
Improvement Act indicates that such resources shall not offset the funding available to AIJANs.

Additionally, independent third-party payers (e.g. Blue Cross/Blue Shield, Keiser Permanente, etc.) da not
have a trust responsibilty to provide healthcare to AIJANs. Fund collections from private insurers should
‘not be included in the LNF formula.

Finally, the USET trites agree that the 25% third-party contribution used inthe national calculation of LNF
is vastly overstated, Many tribes have only a limited capacity for third-party collections, if any a all. The
USET tribes also agree that the application of such national data to a local level is inaccerate even for
individual tribes that are conducting effective bling operations. This oversight is not corrected by
arbitrarily assigning a $745 value to all tribes in the LNF calculation.

Inaccurate User Population: The use of per capita funding figures as the basis for comparison when
tribes are prevented fram counting all AIJANs to whom they provide services is flawed. Tribes that
accept federal funding are required by federal law to provide healthcare to all individuals who are
members of a federely recognized tribe. However, when celculating the per capita LNF values for specific
tribes, those tribes are not alowed to count individuals to whom they pravide services when they reside


8

I was pleased on behalf of NCAI to testify in support of your leg-
islation in your homelands in Hawaii last summer. I thank you for
that opportunity.

In this spirit, we strongly support S. 81 and any measure that
would provide the recognition of native Hawaiian sovereignty by
the Federal Government and the creation of a process that would
lead to self-determination for native Hawaiian people.

In conclusion, Senator Inouye, as we continue to urge the Con-
gress to fulfill its fiduciary duty to American Indians and Alaskan
Native people, I would like to thank you for this opportunity to
present testimony on the goals and priorities of the member tribes
of NCAI.

In this Congress, we look to you and the members of this com-
mittee for your unwavering support in not only the areas that we
have identified, but in all areas that affect the lives of our people.
We seek the assistance of Congress in maintaining the Federal
trust responsible to Indian country and to continue to assist tribes
on the road toward self-determination and self-sufficiency.

I thank you for the opportunity to provide this testimony to you
today.

[Prepared statement of Ms. Masten appears in appendix.]

Senator INouyE. I thank you very much, Madam President. It is
always a pleasure to have you appear before the committee.

As I have indicated, this committee looks upon the NCAI as one
of the premier voices of the native people of the United States. You
represent Indian country.

As such, I am certainly well aware that much of our work here
in the committee somehow has to maintain the posture of defense.
We spend most of our time countering some of these proposals that
would put your sovereignty in jeopardy for one thing, and take
away the rights and privileges that arise from your sovereignty.

So, the questions that I have, and I will submit most of them to
you in writing because of their technical nature, are geared toward
this end. We want to work with you. What we want to have you
do is provide us with the information and numbers that we can use
in convincing our colleagues.

For example, for the last 15 years there has been at least one
proposal per year, if not half dozen of them, on taxing sales made
in Indian country, either by a tribal government or by individual
Indians, in smoke shops and such.

There have been proposals to have Federal legislation. I agree
with you that this should be a matter resolved between the State
or the county and the Indian nation.

Do you know how many tribes have tax agreements with the var-
ious States?

Ms. MasTEN. We have some numbers and we will be happy to
submit them. I am not sure they are hard numbers, but we have
an idea of which tribes have agreements with the States.

Senator INOUYE. This is the type of information we would need
if we are going to be able to persuade our colleagues that over one-
half of the States already have agreements of this nature and we
don’t need legislation.



GOALS AND PRIORITIES OF THE MEMBER
TRIBES OF THE NATIONAL CONGRESS OF
AMERICAN INDIANS

THURSDAY, MARCH 22, 2001

U.S. SENATE,
COMMITTEE ON INDIAN AFFAIRS,
Washington, DC.
The committee met, pursuant to notice, at 2 p.m. in room 485,
Russell Senate Office Building, Hon. Daniel K. Inouye (vice chair-
man of the committee) presiding.
Present: Senator Inouye.

STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM
HAWAI, VICE CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS

Senator INOUYE. The Committee on Indian Affairs meets this
afternoon for the first in a series of hearings on the goals and pri-
orities of Indian county for the 107th session of the Congress.

I wish to underscore that this hearing is the first in a series of
hearings because one of the tribal nations has registered an objec-
tion to this hearing on the ground that they are not members of
the National Congress of American Indians.

I want to make clear that the committee will be soliciting the
views and concerns of all of the federally-recognized tribes, Alaska
Native communities and native Hawaiian organizations.

The committee decided to begin with the National Congress of
American Indians because it is the oldest and largest national or-
ganization, having been founded in 1944 and currently represent-
ing 250 tribal nations.

On behalf of the committee, I want to welcome the president of
the National Congress of American Indians and the chairperson of
the Yurok Tribe, Sue Masten.

e))


42

Education cannot be accomplished in schools that are poorly designed, falling
down around them, unsafe and ill-equipped, and yet that is the condition of many
of the schools on our reservations. BLA construction budgets for replacement of old,
inadequate, and in many cases condemned schools is still a major concern in the
Great Plains Area. Three tribes in the Great Plains Area have expressed their
strong need for new schools: Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe,
and Crow Creek Sioux Tribe.

Base funding for operations of K-12 must be increased. Indian Student Equali-
zation Program (ISEP] funding for student transportation, base funding, operation
and maintenance, and administrative costs has been from 15 percent to more than
50 percent below the actual need.

Adult Vocational Training/Job Placement is underfunded to a point that many
tribes in the Great Plains Area need to turn away 40-50 percent of their applicants.
Many of our adults need training in life skills and job training.

Student transportation in the Great Plains Area is in need of additional funding.
BIA schools are located primarily in rural, isolated areas. The BIA funded transpor-
tation cost is approximately $2.26 per mile, compared to the national average of
$2.94 for public schools across the Nation.

Scholarships/Higher Education: This program provides financial aid to eligible
Indian students attending accredited post secondary institutions; with the intent
that, upon graduation, recipients will return to their communities to benefit tribes
with their educational skills [community service]. If tribes are to promote self-deter-
mination, education is the key to achieving this goal. In fiscal year 2002 the Great
Plains Region’s unmet need was $8,230,000.

Adult Education: This program provides opportu ities for adult Indians to ob-
tain a General Equivalency Diploma [GED] or basic skills to transition to a commu-
nity college or job placement, thereby increasing their economic competitiveness and

lucing their economic independence on Federal welfare programs. In fiscal year
2002 the Great Plains Region’s unmet need was $1,576,000.

Johnson O'Malley: This program provides funding to education programs for eli-
gible Indian students attending public schools and for pre-school children, thereby
improving the succession of students to each educational level by providing tutoring
and counseling and parental involvement programs. This is the only Bureau pro-

am that provides for the culturally related and supplementary academic needs of

Indian children attending public schools. In fiscal year 2002 the Great Plains Re-
gion’s unmet need was $2,124,000.

Tribally controlled community colleges and post-secondary schools are an Indian
success story, providing education and job training opportunities to thousands of
students who otherwise might fail out of the educational system. The schools offer
courses in everything from biology and math to native languages and history, to en-
sure that students not only know about academic subjects, but cherish American In-
dian life and traditions.

What is most impressive is that tribal colleges provide a wide range of services
on what most would describe as a shoestring budget. Tribal colleges receive less
than half the funding per student of other community based institutions. Between
1989-99, enrollments at tribal colleges tripled 10,000 to 26,500 according to an arti-
cle published in the Lincoln Journal Star.

Tribal housing in the Great Plains Area is inadequate on our reservations, There
are extremely low income families who are forced to live with other families or tribal
members because they are homeless. There are some cases where 15 people share
a three bedroom home. We need approximately 10,400 housing units to meet our
existing needs of the reservations. This does not include our people who wish to re-
turn to the reservations as our economic opportunities increase.

Many of our housing units are in substandard conditions and are in need of re-
pair. Some of the homes that are substandard are 1,648 on the Cheyenne River Res-
ervation, 1,883 on the Pine Ridge Reservation and 1,555 on the Turtle Mountain
Reservation. Many Reservations in the Great Plains Region simply do not have ade-
quate funding to repair and maintain substandard existing and aging homes.

Many reservations try to serve the neediest of the needy. They try to prioritize
such as living quarters for elderly and handicapped families. But yet, there still re-
mains a desperate need for adequate funding for new homes and for repair on our
older homes. The past 13 years’ funding for just the Aberdeen Area alone for hous-
ing improvement projects has remained the same with little or no increase. The
Great Plains Region is in dire need for more funding for new homes and to repair
aging and existing homes.

Increase in Total Funding: In general, Indian country is very underfunded in
all areas. We desperately need more dollars just to be able to operate at the same
level as all of the other non-tribal and non-Federal agencies.



73

Economic Development

The economic diversity of our member tribes reflects the wide differences in
economic circumstances that exist among the tribes nationwide. We have a member
tribe whose only source of funding is the minimum level of BIA TPA funding of
$160,000. With these meager funds they are desperately focused on establishing their
basic tribal government, which leaves them no funds to develop business ordinances,
codes, and strategic planning that would prepare them for a greater chance of achieving
economic success. At the other end of the spectrum, we have tribes who have
achieved the capacity to extensively diversify their economic base. It is critical for
Congress to recognize that the economic success of a very few does not mean it is time
to withdraw support for federal responsibilities.

Sustained economic growth for all indian communities has been a long-held goal
for tribes as well as this Committee. The elements critical to achieving that goal have
not changed significantly since we last testified before the Committee on this topic in
1998. We still hold that improving the economic status of tribes can be achieved
through—

* Honoring tribal sovereignty so that tribes may self-regulate their economic
affairs and interact with the federal government on a government-to-
government basis, rather than fighting off legislative and regulatory attempts to
diminish their authority.

Honoring trust responsibility to provide the health and education services
which will enable tribes to move toward economic development with a skilled
and healthy workforce.

© Offering meaningful tax incentives for private investment on indian lands such
as the proposed legislation to allow tribes to issue revenue bonds and tax-
exempt financing,

Improving the infrastructure on tribal lands. Tribes must be able to provide

adequate water, sewer, roadways, electricity and communications systems in
order to attract new businesses.

.

.

We applaud the Committee's efforts to enact legislation that would allow tribes to
consolidate economic development resources from various agencies/programs under
one Self-Determination contract and coordinate the role of the federal agencies. We
hope to work closely with you in this Congress to secure enactment of this and other
proposed legislation that addresses our economic development needs. In addition to
the legislation already noted, we urge the Committee to oppose further attempts to
subject tribes to the National Labor Relations Act.

Education

We greatly appreciate the work of this Committee in drafting S. 211, the Native
American Education Improvement Act of 2001, which concerns elementary and

107th Priorities Testimony-KG 4/5/01 Page 6


82

United South and Eastern Tribes, Inc.
Position Paper
February 1, 2000

RE-AUTHORIZATION OF PUBLIC LAW 94-437 - THE INDIAN HEALTH CARE
IMPROVEMENT ACT

ISSUE:

Public Law 94-437, the Indian Health Care Improvement Act (IHCIA) was enacted into
law by the 94” Congress “to implement the federal responsibilty for the care and
education of the Indian people by improving the services and facilities of Federal Indian
health programs and encouraging maximum participation of Indians in such programs,
and for other purposes.” This law was enacted to address the Federal governments
historical and unique legal relationship, and resulting responsibility to, the American
Indian/Alaska Native (AI/AN) people.

The IHCIA is the federal law that provides a detailed framework and funding
authorization for health service delivery to AI/AN people through the Indian Health
Service (IHS). This law gives Congress authorization to appropriate federal funds for
IHCIA programs through Fiscal Year 2000 which ended September 30, 2000.
Therefore the law must be re-authorized and extended by Congress in order for funds
to be appropriated to continue IHCIA programs.

In the effort to contro! health care costs, recover costs, and maximize limited resources
tribes and tribal organizations have had to deal with law, policy and funding issues at
federal and state levels. Tribal governments have had very limited success in
negotiating the bureaucratic maze surrounding Medicaid, Medicare and other third party
resources available for reimbursement of health and health related costs. In addition,
Congressional mandates such as those exemplified by the list of health objectives
(Healthy People 2000 & 2010), earmarked studies and pilot programs, etc. are
laudable, grea", appreciated and most im »sttantly necessary. t'c:vever, without
additional funds appropriated to carry out the efforts, these “special initiatives” may
often take dollars away from necessary health services and programs that are already
limited and stretched for operating funds. In the absence of appropriated funds it is too
often the case that the effort is addressed in a token attempt or is simply shelved due to
the lack of sufficient resources to carry out the program, service, function or activity at
any level.


S. Hr. 107-35

GOALS AND PRIORITIES OF THE MEMBER TRIBES
OF THE NATIONAL CONGRESS OF AMERICAN
INDIANS AND THE UNITED SOUTH
AND EASTERN TRIBES

HEARING
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE

ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION

ON

TO RECEIVE THE VIEWS OF THE NATIONAL CONGRESS OF AMERICAN
INDIANS AND THE UNITED SOUTH AND EASTERN TRIBES REGARDING
GOALS AND PRIORITIES IN INDIAN COUNTRY

MARCH 22, 2001
APRIL 5, 2001
WASHINGTON, DC

ae

U.S. GOVERNMENT PRINTING OFFICE,
71-330 CC. WASHINGTON : 2001

For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 20402

a



108

method. However, this re-distribution resulted in a shift in funding from the five (5) Areas with
targer TPA bases and penalized those Tribes that have been successful in their Self-Determination
efforts, The Task Force members ‘strongly concurred, however, that the more important aspect of
this process included the development of accurate end meaningful data to address funding inequities,
‘unmet Tribal needs, and funding shortfalls.

During deliberations on how to best distribute FY-98 funding, several different methodologies were
explored. Although the 1/12 distribution among Areas was ultimately chosen, | would like to describe
to the Committee another distribution methodology. This methodology received support from many
of the Task Force members, but due to the short time frame for the methodology development, it did
not receive full approval of the TPA Task Force. For lack of a formal title this methodology is called
a “Tiered Methodology” (see attachment). The basis for this methodology begins with several
‘assumptions:

. Disparities exist between tribal base funding.

. Common characteristics exist among Tribes that can be measured. (land,
population, location, etc.)

. There will be annual increases to the TPA.
. The goal of the methodology is to achieve parity in funding between Tribes.

. Tribes will be identified and placed into a single tier based upon their
Col.“a0n characteristics

. There will be two (2) or more different tiered levels of Tribes.

. Annual funding increases will be distributed by percentages.

TPA Testimony JT ‘meee Page ®


131

Unrrep Sours ano Eastern Tries. inc.
711 Stewarts Ferry Pike + Suite 100 » Nashville, TN 37214
Telephone: (615) 872-7900 « Fax: (615) 872-7417

Houtton Band Passamaquoddy Tribe

Indian Township
af Matsa indians Passamaquoddy Tribe
Pleasant Point

Penobscot indian Nation

‘Wampanoag Tribe
‘of Gay Head (Aquinnah)

of Choctaw Indians ‘Onwida Indian Nason

TESTIMONY PRESENTED TO THE SENATE COMMITTEE ON INDIAN AFFAIRS.
UNITED SOUTH AND EASTERN TRIBES, INC.
GOALS AND PRIORITIES FOR THE 107TH CONGRESS
April 5, 2001

“Because there is strength in Unity”

fe)




109

Current tribal funding bases will not be decreased by this methodology

The concept behind this methodology is that by using common measurable characteristics among
Tribes, a ratio between funding and the common characteristics can be determined. Each Tribe can
bbe placed within a tier with Tribes having similar characteristics and funding bases. Thresholds or
breakpoints between the different tiers can be determined. The tiers will be arranged into catagories
‘from upper tier (Tribes that are better funded compared to the common characteristics) to the
lowest tier (Tribes thet are the worst funded compared to the common characteristics). | believe that
‘no more than three (3) tiers are needed to sid the methodology to achieve it's goals. After the
Gifferent tiers are developed and the Tribes are placed within their respective tier then the annual
funding is distributed besed on a percentage to each tier, such as 20% to the upper tier, 30% to the
middle tier, and the remaining 50% to the lower tier. If this methodology is employed and used
continually then parity between the Tribes would be achieved in future years. As you can determine
mathematically the lower level funded Tribes will gain ground on the upper level funded Tribes. The
‘major part of this methodology will be how the common characteristics are determined and where
the threshold breakpoints are identified between the tiers.

‘The methodology | have described, if used consistently, will achieve the goal of bringing Tribes into
Parity with each other. However, it does not achieve the ultimate goal of Tribes which is to bring
funding for Indian people equal to the funding allocated for non-Indian people. This methodology
provides a tool to make value judgements based upon common characteristics that are defendable
‘when funds are distributed to the Tribes. No methodology will ever be truly successful until such
time 2s each Tribes has sufficient critical mass (funding and staffing) to fully exercise their authority
‘aS sovereign governments. The solutions come not only in increased dollars, but through increased
Knowledge in ..anaging these dollars. Though 1...88 ga. success the fede.! trust responsibility is

‘One of the strongest recommendations to come out of the TPA Task Farce was the endorsement and
‘commitment of resources by the BIA to complete the recommendations of the 1994 Joint

‘TPA Testimony JT Er) Page 5


30

We believe the concept of a comparison to the funding available
to the IHS services population to the Nation as a whole is a sound
concept and one that could lead to increased funding for the Indian
health programs. We are, however, troubled by the development of
a level of need funding for tribes which could be used as a com-
parative tool between tribes and result in a reallocation of existing
funds among tribes.

The USET’s believe that the utilization of the LNF methodology
as anything other than a national benchmark for overall funding
is inherently flawed.

Our attached position paper details a number of concerns we
have about the methodology utilized by the LNF Work Group. We
believe that contract support costs and tribal shares should not be
counted as a resource in the calculation of the LNF fund percent-
ages. CSC funding is by definition funding to provide a tribe with
resources equal to that which the Secretary is provided by the Fed-
eral Government for the Federal direct-operated operating unit.

Similarly, tribal shares are not identified in the amounts allo-
cated to Federal direct operating units and that creates a bias
when using the current LNF methodology to compare the differing
operating units.

Finally, we want the committee to know that we are opposed to
using LNF methodology for distribution of any IHS funds other
than the Indian Health Care Improvement Fund,

Contract Health Services funding is a critical component in the
provision of health care to Indian people. It provides funding for

ealth care services that are not available in IHS and tribal health
facilities. CHS is heavily affected by the medical inflation rate. We
greatly appreciate the $40-million increase in contract health serv-
ices for fiscal year 2001 and urge this pro; receive an increase
in fiscal year 2002 as well. THs reported in its fiscal year 2001
budget justification that in fiscal year 1999 it deferred payment on
84,085 recommended contract health services cases due to inad-
equate funding.

USET supports the formula developed by the INH Community
Health Service Work Group for distribution of the $40-million in-
crease in that program. The formula takes into account co. S-
sional mandates, the needs of unfunded tribes, maintenance of buy-
ing power by addressing inflation, population, influence of local cost

ifferences, and access to inpatient health services.

We also believe that this formula and other distribution formulas
must be reviewed on an annual basis to incorporate the most cur-
rent and verifiable local data.

USET thanks the committee for its role in last year’s amend-
ments to the Balanced Budget Act, which increased and extended
the entitlement diabetes funding for Indian tribes and urban In-
dian organizations. Given the extremely high incidence of diabetes
in Indian country, we urge that this be ongoing funding beyond fis-
cal year 2003.

ile we hope great progress is made in the prevention and
treatment of diabetes by fiscal year 2003, we know that there will
still be much work to be done after that date. USET supports the
use of the existing distribution methodology for the entire amount
of fiscal year 2001 diabetes funds, $30 million previously made


89

8, Allresources expended by parties other than the IHS should be withdrawn from the calculation, Inclusion
of such resources is a form of means testing fr tribes to provide their own health care, thereby
circumventing the federal government's trust responsibiity to provide such resources specifically for
AVIAN. Tribes nationwide have limited resources as itis, and should not be negatively impacted by taking
the initiative, or being effective, in acquiring independent reimbursement for the services they provide.

7. An undupicated count of all users ofa tribal health system needs to be included in the calculation of per
capita funding levels, regardless of where said user resides.

8. The process of annually updating the data used in the LNF methodology, as well as consultation regarding
both the data used and tie results derived, should be conducted prior to any allocation of funds. This

process needs to be formalized within IHS on an annual basis (similar to the annual budget formulation
process).

9. Congress should continue to appropriate Indian Healthcare Improvement Funds an a recurring basis to the
JHS for use in addressing healthcare funding inequities. However, allocations to individual tribes should be

made on a non-recurring basis until such time as the UNF formula has been corrected and universally
accepted by tribes.

S

The LNF workgroup should consider using something other than the Federal Employees Health Benefits
(FEHB) package as @ comparison tool; an example could be the Veterans Administration (VA) Benefits
Package. The VA is a complete healthcare delivery system and the FEHB is only a part of a healthcare
delivery system.

USET is committed to remaining actively involved in this process. The USET Board of Directors
approves of the use of the {NF methodology for sistribution ofthe Indian Healthcare improvement Fund for
fiscal year 2001, only. Future use of the LNF methodology for distribution of Indian Health Care Improvement
Funds must be reviewed on an annual basis with direct input from AUAN tribal governments.

SUMMARY

The USET tribes agree that the LNF methodology should only be used as a basis for obtaining increased
funding for the AUAN population as @ whole, via annual appropriations tothe IHS, and nat as a comparative tool
between individual tribes. The USET tribes believe that the utilization of the LNF methodology as anything other
than a national benchmark for overall funding is inherently flawed, and are especialy apposed to any reallocation
of funding amongst tribes, or reduction in funding to individual tribes, asa result of using the LNF methodology in
such manner. In particular, USET opposes the distribution of any funds other than the Indian Health Care
Improvement Funds through the utilization of the LNF methodology.



84

to date. The Senate version of the bill, S. 2526, was introduced on May 9, 2000 by
Senators Ben Nighthorse Campbell (R-CO), Daniel Inouye (D-HI), and John McCain (R-
AZ). Titles |, I! and Ill of S. 2526 are almost identical to the proposed bill drafted by the
National 437 Steering Committee. The Senate Committee on Indian Affairs held an
‘oversight hearing on the re-authorization of the IHCIA on May 10, 2000 and July 26,
2000.

Due to tribal involvement in the process of re-authorization, the proposed bill makes
significant changes that will correct deficiencies inherent in the current bill. For
example, the proposed bill

+ makes critical changes to the Social Security Act, eliminating barriers to
Medicaid, Medicare and the Children’s Health Insurance Program,

+ shifts resources and responsibilities to the local level when possible, while
protecting other programs of national scope or significance.

The concept of changing the Indian Health Service from a discretionary to an
entitlement program was debated by tribal leaders throughout the process of reviewing
the IHCIA, however it was ultimately decided that more study and tribal consultation
must be conducted prior to making a final decision. Therefore, the proposed bill
includes a directive to establish a Congressional Commission, to include tribal and !HS
officials, to study Indian Health Entitlement.

RECOMMENDATIONS:

The USET Board of Directors, which is comprised of the top two elected officials from
each of the twenty-four member tribes, makes the following recommendations:

1. The Administration and Congress should support the enactment of the IHCIA as
Proposed in the bill drafted by the National 437 Steering Committee. This
version of the bill was based upon the recommendations and concerns of tribes
and tribal organizations from across the United States, The tribally proposed bill
was subject to extensive consultation and was developed to represent the
individual needs of each federally-recognized tribe and tribal organization,
including urban AI/AN programs to the greatest extent possible.

2. The Administration, Congress and the IHS should continue to provide tribes the
opportunity for meaningful participation during the remainder of the re-
authorization process. Tribes should be given adequate notice of scheduled
hearings in order to provide testimony. Additionally, Tribes who are not invited to
provide oral testimony should have adequate time to submit written comments

3


12

ular incomes do not have automobiles to get them to job opportuni-
ties.

Then for childcare, when you live in rural areas to be able to
have childcare, to provide it, there are numerous issues that pro-
hibit us from being able to implement the provisions of welfare re-
form in all of Indian country.

There are some specifics. If we can work with you to address all
of these, we are very committed to continue the work for the
amendments.

Senator INouyE. Your response makes it very clear that if we are
to come forth with any sort of welfare reform proposal, we had bet-
ter work closely with you, and we intend to do that.

The staff of the committee is prepared to work with you on this
and all other issues.

Living in this city for many years, with three meals a day, air-
conditioned quarters and full transportation facilities, Members of
Congress may sometimes forget that that is not the situation else-
where.

So, we will call upon you for help.

Ms. MasTEN. Good.

Senator INOUYE. My next question relates to a meeting with the
President. There was such a meeting not too many years ago where
over 200 tribes were represented. The President received countless
numbers of gifts and such. It was a beautiful photo opportunity.
But I, for one, left the meeting feeling disappointed that the real
issues had not been discussed.

Indian country is now suggesting, correctly, that there should be
a meeting with the President of the United States to share with
him some of the concerns of Indian country. I suggested that it
should be made up of a group of people, no more than 15, because
otherwise, it may just be another photo opportunity.

I mean it is beautiful to have our leaders in Indian regalia and
women dressed up nicely in their gowns. But I don’t think you
want to go to the White House just for show. Do you think NCAI
can help us come up with, say, 12 leaders of Indian country who
can ait down with the President and share their concerns with

rn!

Ms. MastTEN. I thank you for your commitment to assist tribal
governments by asking for the meeting to occur with the President.
Fortunately, I was actively involved in the last sessions where we
had to narrow the number of presenters who would be presenting
at the last meeting.

Indian country is quite capable of getting together and selecting
individuals to represent them and the interests of Indian country.
We would welcome the opportunity to assist you with making that
ha) ppen, the identification of 15 individuals. Whether they are
Ne members or not, we would be happy to facilitate the selection
of those 15.

Senator INOUYE. Well, I hope you will not misunderstand. If In-
dian country wants 250 leaders to meet with the President, so be
it, but personally, I do not think much will be accomplished.

So, I am just oping for a group of tough, articulate leaders who
will tel the President what is good and what is wrong in Indian
country.


54

resources are provided to address the many needs of Indian students and Indian schools;
the Executive Orders on American Indian and Alaska Native Education and Tribal Colleges
are both supported and carried out; and, the many concerns, suggestions and
recommendations of tribes and tribal organizations such as NIEA, NISBA, and AIHEC are
addressed and implemented.

‘VU, WELFARE REFORM

Also due for reauthorization is Public Law 104-193, the Personal Responsibility and Work
Opportunity Reconciliation Act (PRWORA) of 1996, better knowr: as Welfare Reform
which provided a major change in federal policy concerning assistance to poor families
and children. Responding to the widespread belief that people who could work should
do so, PRWORA refocused on moving people away from cash assistance and into work.
The law capped federal spending for the primary cash assistance program serving poor
famities and children, ending the Aid to Families with Dependent Children (AFDC)
program. Under the newly established Temporary Assistance for Needy Families (TANF)
program, which replaced AFDC, poor families are required to work and are no longer
entitled to assistance; most families can receive federal cash assistance for no longer than
60 months. Although with fewer resources than state governments, PRWORA also offered
tribal governments the unprecedented opportunity to administer TANF.

While these changes dramatically altered the provision of services to poor families and
children throughout the country, tribal communities have particularly and uniquely been
affected by welfare reform, Specifically, many tribal communities suffer from
disproportionate poverty rates; remote, rural geography; inaccessibility of services and
high cost of service delivery; lack of economic base; inadequate training, job
opportunities, and support services; and lack of facilities and infrastructure. Tribes also
face challenges in coordinating tribally-provided and state-provided services, as there are
still various related programs that tribes do not have the authority to administer directly.
Beyond the commitment of the federal government to provide a safety net for all low-
income families, the United States government has also made unique commitments of a
higher order to Indian tribes in treaties and laws. In exchange for millions of acres of
ceded lands, the United States government has an obligation to provide for the health,
safety and welfare of tribal communities beyond the implementation of welfare reform.

Since Welfare Reform was enacted, every tribe has dealt with the many challenges which
PRWORA presents to tribal children, families and communities. Tribes commonly
provide child care, employment, training, education and a variety of social services to
needy Indian people within their service areas. Many of these services are funded through
Indian programs authorized under PRWORA. In addition, tribes devote a significant
amount of the other federal resources they receive under other statutes to dealing with
welfare reform requirements. Some tribes also provide services to their people on public
assistance through grants and contracts from state government agencies. Many tribes have

Page 9


USET Diabetes Pesition Paper
Page?

. ‘the USETINAO Area ranks first among the twelve IHS Areas in diabetes prevalence and is 65% above the
IHS average

. iabetes mortality rates in the USETINAO Area exceed the IHS average

. the USET/NAD Araa has high percentages of individuals that have sedentary lifestyles with high fat
intake and low fruit and vegetable consumption which can be precursors to diabetes, the incidence in
proteinuria in the Area also exceeds the IHS average, thus making USET Tribal members more susceptible
to diabetes

. the USET/NAO Area ranks first in childhood obesity rates and second in diabetic patients with
hypertension which are both diabetes major risk factors

. ‘the number of dialysis patients in the USET/NAO Area has almost quadrupled from 1889 to 1997

The current capacity of USET member tribes in diabetes prevention and treatment includes two IHS diabetes
model-program sites, and several community-based programs. In response to the tremendous needs of their
diabetic populations and in recognition of the need to initiate community-based diabetes prevention programs, the
USET tribes and urban centers have all developed diabetes projects with limited resources.

BECOMMENDATIONS

in accordance with the Conference Report on H.R, 2107 Department of the Interior and Related Agencies
Appropriations Act, 1998 (House of Representatives October 24, 1987), Resolution No, USET 98:11, and USET
Health Committee decisions, the folowing recommendations are offered on behalf of the ITU's in the USETINAD
Area.

In the Conference Report on H.R. 2107 Department of the Interior and Related Agencies Appropriations Act,
1998, during a colloquy between House Speaker, Newt Gingrich (R-GA), and Congressional Representatives Ralph
Regula (R-OH) and George R. Nethercutt, Jr. (R-WA), (a copy of this exchange is incorporated as, “Attachment C,”
‘for reference purposes) the following points were clarified:

. ‘that the 5 year $150M special diabetes programs for Indians grant be distributed in a timely manner with
‘ coherent and detailed policy formulated by those within the Indian Health Service who have direct
programma... oversight responsibilty and exps, .o¢ in di," ctes care for Nativc Americans

. ‘that the extensive epidemiologic data related to prevalence, complications, care process, and
outcomes currently collected and coordinated o jarlier basis by the Indian Health Service diabetes
‘program shall be used as the primary basis for the distribution of these funds

. that 25 percent of the grant should be used for primary diabetes prevention and 75 percent of the grant
‘should be utilized for secondary and tertiary diabetes prevention


x)

Elevation of the Position of the IHS Director. We support legislation, S. 214,
which would elevate the position of the IHS Director to that of an Assistant Secretary.
This Committee has been persistent in its advocacy for this bill, and we appreciate that.
We believe that an Assistant Secretary for Indian Health will be in a better position
within the Department of Health and Human Services to advocate for IHS funding. We
also believe that an Assistant Secretary will have more clout in working with other
Assistant Secretaries in the Department to increase tribal access to other programs,
e4., mental health funding

Level of Need Funded. We believe the concept of a comparison of the funding
available for the IHS services population to the nation as a whole is a sound concept,
and one that could lead to increased funding for Indian health programs. We are,
however, troubled by the developmient of a Level of Need Funded (LNF) for tribes which
could be used to as a comparative tool between tribes and result in a reallocation of
existing funds among tribes. The USET tribes believe that the utilization of the LNF
methodology as anything other than a national benchmark for overall funding is
inherently flawed.

Our attached position paper details a number of concerns we have about the
methodology utilized by the LNF workgroup. We believe that contract support costs and
tribal shares should not be counted as resources in the calculation of LNF percentages.
CSC funding is, by definition, funding to provide a tribe with resources equal to that
which the Secretary is provided by the federal government for the federal direct-
operated operating unit. Similarly, tribal shares are not identified in the amounts
allocated to federal direct-operated operating units, and that creates a bias when using
the current LNF methodology to compare the differing operating units.

Finally, we want the Committee to know that we are opposed to using an LNF
methodology for distribution of any IHS funds other than the Indian Health Care
Improvement Fund

Contract Health Services. Contract Health Services (CHS) funding is a critical
component in the provision of health care to Indian people. It provides funding for
health care services that are not available in IHS and tribal health facilities. CHS is
heavily affected by the medical inflation rate. We greatly appreciate the $40 million
increase in Contract Health Services for fiscal year 2001, and urge that this program
receive an increase in FY 2002 as well. IHS reported in its FY 2001 budget justification
that in fiscal year 1999 it deferred payment on 84,085 recommended contract health
services cases due to inadequate funding.

USET supports the formula developed by the IHS CHS workgroup for distribution
of the $40 million increase in that program. The formula takes into account
congressional mandates, the needs of unfunded tribes, maintenance of buying power
by addressing inflation, population, influence of local costs differences, and access to
inpatient health services. We also believe that this formula and other distribution

107th Priorities Testimony-KG. 4/5101 Page 8


36

Then those non-Indian water users demanded those documents
under the Freedom of Information Act. The Supreme Court ruled
that the Interior Department was obligated by law to release those
confidential Indian documents to the non-Indian groups. Do you
think that is a proper way of doing business?

Mr. GeorcE. In this case, USET is on record and did present an
amicus brief in this particular case under the Freedom of Informa-
tion Act which is what we were basically concerned with. I think
when we submit confidential materials to any agency they should
be held in confidence and not released. That is our position.

As I mentioned in my opening, in the State of Maine, they are
going through a similar thing right now based on the State of

aine’s Freedom of Information Act where they are asking for
council meeting minutes of things that went on to deal with the
pollution of the rivers in Maine. We are opposed to that. I think
there is a court case in the State of Maine on that.

It was a bit too late for us to file a brief but we did file a very
extensive brief from the USET in the Klamath case. We still think
we are right in our position on these confidential things we are re-
quired to give to agencies. We have the same thing with the Na-
tional Indian Gaming Commission. We are required by statute to
present audits of the class III gaming operations to the NIGC.

ey are supposed to be held in confidence.

There had been requests from Time Magazine and others to get
that. The decision of the NIGC was that they couldn't release it
under FOIA. I don’t know if that case is to go on or if that will be
taken to the Supreme Court. According to the act, those audits we

resent to that agency are supposed to be proprietary information.
We still believe that.

We have cautioned our tribes about some of the information we
do give to the BIA and other agencies, that we be very careful what
information we give out.

Senator INOUYE. I think this case is an important one because
I believe if the Supreme Court decision is permitted to stand, then
your sovereign rights will have been diminished. For example, if
Great Britain provided documents to one of our agencies, say the
CIA, on the basis of confidentiality, I do not believe the Govern-
ment of the United States would be required to release that under
the Freedom of Information Act. That being the case, I think the
Indian sovereigns should also be acknowledged and their rights to
confidentiality honored. Would you favor some measure to make
certain that confidential papers be kept confidential?

Mr. GEORGE. Yes; we would. That has been a concern all along
and yes, because we are a sovereign, we believe that information
should be dealt with on a government-to-government basis and
would support such legislation.

Senator INouyE. On your matter involving the FCC, I believe
this is something that also hinges upon sovereignty. If the Presi-
dent of the United States were to, in the strongest terms, tell mem-
bers of the Commission to straighten up and recognize your rights
and your sovereign rights, I think things would change.

So this meeting that we hope will be carried out with the Presi-
dent af the United States, this could be one of the matters on the
agenda.


48

Recently, tribal leaders had the opportunity to hear from Secretary of Interior Gale Norton
and she confirmed that the Bush Administration will support tribal self-determination and
self-governance, just as every Administration has since President Nixon, and that she
supports government-to-government consultation with tribal leadership. She announced
that she plans to put together a strong management team that will protect tribal trust assets
and promote education for our children. Her positive statements provide assurance that
the Bush Administration is starting off on a solid foundation of respect for tribat
governments.

However, as you know, we have our work cut out for us in the coming weeks, months
and years. We will have to continue to work hard to meet with the Administration and
the new Congress and be sure that they understand both the foundation and the details of
the critical issues that are facing Indian Country. This will require a high degree of
vigilance, coordination and action by all tribal governments. This is the time to get ahead
of the curve and educate the new Administration and the new Congress before the threats
materialize, as they inevitably will. In addition, we have many great opportunities for
positive change, and we need to push those agendas firmly forward.

It is in this area of public education that we are seeking the assistance of the members of
the Senate Committee on indian Affairs. The stature and well-earned respect accorded to
this Committee are critical to educating the public and new members of Congress that
tribal self-governance is modern, democratic, fair and deserving of respect. That in
addition to being culturally and historically rich, tribal governments are good neighbors
and good partners in economic development. It is up to each of us to help the public
become informed about tribal governments, and to help to protect them. The Indian
Nations of this great country are depending on your efforts and thank you greatly for them.

M1, FY2002 APPROPRIATIONS

Achieving sufficient levels of annual federal appropriations for programs that assist Indian
people and Indian tribes remains to be one of the top priorities for NCAI. This goal is
especially important to our member tribes and for all of Indian Country because of the
continual high population growth rate of Indian reservations which has put great strains on
an already inadequate infrastructure. Education, law enforcement, transportation, health
care, jobs, housing, technology, water and sewer systems ~ each of these basic
governmental services all too often falls victim to resources that are spread far too thin.

While FY2001 funding levels for Indian programs certainly made great strides toward
meeting the basic programmatic needs of tribes, our work is not yet done. In order to fully
support tribal self-government and economic self-sufficiency, Congress must not turn back
the clock on last year’s gains and in fact should consider increases for key programs that
serve Indian Country.

Page 3


117

Unrrep Sours ann Eastern Triwes. Inc.

‘USET Resolution No. 2001:06
NATIONAL PARK SERVICE THPO FUNDING FORMULA

WHEREAS, United South and Eastern Tribes Incorporated (USET) is an intertribal
‘organization comprising twenty-four (24) federally recognized tribes; and

WHEREAS, the actions taken by the USET Board of Directors officially represent the
intentions of each member tribe, as the Board of Directors comprises delegates
‘from the memaber tribes" leadership; and

WHEREAS, the U.S. Congress and the U.S. Department of the Interior have provided an
increase in the Historic Preservation Fund for Federally certified Tribal Historic
Preservation Officers; and

WHEREAS, the National Park Service (NPS) currently is considering THPO apportionment
for FY 2001 funds; and

WHEREAS, the NPS (October 13") proposal clearly is unacceptable because the base level
funding is inadequate to the needs of the THPOs, and the proposed THPO
‘competitive grants create an atmosphere of divisiveness that clearly benefits the
NPS to the exclusion of the Tribes; and

WHEREAS, there is no past discussion or demonstrated need for such a competitive grant
‘program; and

WHEREAS, the NPS has failed to consult with the Tribes in any meaningful manner
‘concerning this funding formula; and

WHEREAS, the NPS has failed to seck adequate funding for current and future THPO,
therefore, be it

RESOLVED the USET Board of Directors calls upon the Department of the Interior to delete
‘the THPO competitive grant from its current NPS funding proposal, and to
‘apportion the FY2001 basic program allocation of $100,000 each, with the
remaining funds allocated to the THPOs per the current land-base formula, for
this year only; be it further

RESOLVED the USET Board of Directors urges the Department ofthe Interior to direct the
[NPS to engage in real and meaningful consultation with the THPOs concerning
funure funding allocations.

(CERTIFICATION

‘This resolution was duly passed at the USET Annual Meeting, at which » quorum was present in
Verona, NY on Thursday, November 2, 2000.

clit George, ‘Secretary
United South and Eastern Tribes, Inc. ‘United South’ nd Eastern Tribes, Inc.

“Because there is strength in Unity”


53

focus this Committee has provided on the reauthorization of Public Law 94-437, the
Indian Health Care Improvement Act. Per NCAI Resolution # STP-00-053 (attached), we
look forward to working with the Committee during this Congress in support of S. 212.

Accordingly, we also support efforts to elevate the Director of the Indian Health Service
(IHS) to Assistant Secretary of Health and Human Services. NCAI supports S. 214 and
H.R. 293 and any executive action which would elevate the position of the IHS Director.
As this Committee knaws, the IHS Director holds a position of extreme importance for the
health of indian people and deserves a rank commensurate with the responsibilities of
such a position, The IHS, the largest direct health care provider within the HHS
Department, should answer directly to the Secretary to insure that the issues that impact
the agency are addressed. There are many legal and cultural issues that are unique to
Indian health programs, and tribes look to the IHS Director to insure that these are taken
into consideration when Department policy and regulation are developed. in order to do
this effectively, the Director needs to report directly to the Secretary and to serve at the top
policy making level within the Department.

Vil. INDIAN EDUCATION

‘On October 29, 2000, NCAT strengthened its partnership with the National Indian
Education Association (NIEA) and reaffirmed its commitment to Indian education issues
through a formal Memorandum of Agreement (MOA). In the MOA, NCAI and NIEA
joined forces with the National Indian School Board Association (NISBA) and the
American indian Higher Education Consortium (AIHEC) to create a unified front on Indian
education. This combined power will preserve and protect the successful efforts NCAI
and other organizations have undertaken on behalf of indian students — and to build a
brighter future through new and better coordinated policy initiatives,

It is in this cooperative spirit that NCAI supports the recommendations of the NIEA.
provided to this Committee on March 14, 2001, regarding S. 211, the Native American
Education Improvement Act of 2001. We also echo the concerns raised by NIEA in
regards to President Bush’s proposed new education strategies guaranteeing that “no child
be left behind” and the additional demands placed on indian schools already faced with
limited resources.

In regards to the reauthorization of the Elementary and Secondary Education Act (ESEA),
NCAI supports the request that this Committee holds additional hearings in order to
consider the entire breath of Indian education programs in the Department of Education.
We also request the Committee’s support in seeking a New Millennium White House
Conference on indian Education that would provide national attention on Indian
education in the 21* century.

Lastly, NCAI seeks the support of this Committee in ensuring that: adequate funding and

Page 8


49

NCAI submitted to this Committee on March 13, 2001, a written statement regarding the
President’s budget request for FY2002 Indian programs and services. Since the President’s
“Blueprint for New Beginnings” failed to provide many substantive, agency-level details
about the FY2002 budget request, our statement addressed the proposed funding levels
that were available and highlighted those programs that we believe are critically important
to Indian Nations, Until these details become available through the release of more
comprehensive agency budgets, it is extremely difficult to gauge the impact of the
proposed FY2002 budget on programs that serve American indians and Alaska Natives.
Nonetheless, NCAI seeks support from this Committee to ensure that Indian programs are
fully funded during the FY2002 Appropriation process.

IV. RECOVERY OF TRIBAL LANDS

Though many Americans believe that tribal ands were taken only through military means
by the United States during its early history, the reality is that the United States continued
to take away tribal lands long after the treaties were signed, even up until the 1970's. The
severe and continuing economic, social and cultural disruptions caused by enormous land
loss are felt every day throughout Indian Country, and will doubtlessly be felt for many
more generations. Indian tribes have an extremely compelling and urgent need to be able
to recover land into federal trust status.

The principal goal of the Indian Reorganization Act of 1934 (IRA) was to halt and reverse
the abrupt decline in the economic, cultural, governmental and social well-being of Indian
tribes caused by the disastrous federal policy of “allotment” and sale of reservation lands.
Between the years of 1887 and 1934, the U.S. Government took more than 90 million
acres from the tribes, nearly 2/3 of all reservation lands, and sold it to settlers. The IRA is
comprehensive legislation for the benefit of tribes that stops the allotment of tribal lands,
continues the federal trust ownership of tribal lands in perpetuity, encourages economic
development, and provides a framework for the reestablishment of tribal government
institutions on their own lands.

Section 5 of the IRA, 25 U.S.C. §465, provides for the recovery of the tribal land base and
must be viewed in light of the IRA’s overall goals of recovering from the loss of land and
reestablishing tribal economic, governmental and cultural life:

The Secretary of the Interior is hereby authorized, in his discretion, to acquire,
through purchase, relinquishment, gift, exchange, or assignment, any interest in
lands, water rights, or surface rights to lands, within or without existing
reservations, including trust or otherwise restricted allotments, whether the
allottee be living or deceased, for the purpose of providing land for indians.

Section 5 is broad legislation designed to implement the fundamental principle that all
tribes in all circumstances need a tribal homeland that is adequate to support economic

Page 4


78

towers have been constructed across the country, with tens of thousands more in the
planning stages. A number of these towers have, or may have, an adverse impact on
sites of religious and cultural importance to tribes. The National Historic Preservation
Act provides, among other things, that federal agencies "shall consult with any Indian tribe
and Native Hawaiian organization that attaches religious or cultural significance” to
properties that might be affected by a federal undertaking. 16 U.S.C. Section
470a(d)(6)(B). The FCC licensing process is a federal undertaking but the FCC has
consistently failed to consult with tribes.

The FCC adopted rules last year to provide incentives for wireless
telecommunications carriers to service Indian country. At the same time, FCC seems to
have attempted to delegate its consultation responsibilities to the tower industry to which
we strongly object

We applaud FCC's actions last year in issuing a policy statement establishing a
government-to-government relationship with Indian tribes and approval of a plan to
subsidize telephone service in Indian country. However, there is still a long way to go in
establishing a productive working relationship between the FCC and tribes. The FCC has
held several multi-day meetings with tribes in various parts of the country but unfortunately
not in the USET area.

Of note is FCC Commissioner Tristani quoted in the March 19, 2001, issue of
Communications Daily expressing concern that the programmatic agreement on
wireless communications towers fell short of the FCC’s obligation to facilitate tribal
consultation. She stated that “[t]he overwhelming majority [of tribal comments] told us
our approach is not working. This response is prima facie evidence that our
understanding of tribal consultation is misguided.”

USET urges this committee to examine closely the FCC's obligations in this area.

Other. There undoubtedly will be other items of interest to our member tribes
which will come up during the course of the 107th Congress, and we will want to be in
communication with you. One such item is the welfare reform statute which we expect
will be reuthorized in 2002. USET is represented on the NCAI task force on welfare
reform, and that organization has given testimony to this Committee on principles which
should be utilized in the reauthorization process. We support those principles and
expect to have more detailed proposals as this process evolves.

The requests we make of you — protecting tribal sovereignty through the
legislation under the Senate Committee on Indian Affairs’ jurisdiction, working with other
Congressional committees on legislation of importance to tribes, building working
relationships with the new Administration — are things we require of USET also. We will
do our part

‘Again, thank you for requesting the input of the United South and Eastern Tribes
concerning the legislative agenda of the 107th Congress.

107th Prionties Testimony-KG 415101 Page 11


88

outside of a geographic Contract Health Service Delivery Area. Such incomplete counts of the user
population artificially reise the LNF velues, and thereby reduce the validity of the LNF methodology in
comparing tribes to one another

Review and Adjustment of the LNF Methodology: The LNF Workgroup membership agreed that the
methodology should in fact be reviewed on an annual basis to incorporate the most current data available.
The USET Tribes agree that this review should take place no less than annually for all aspects of the
methodology, including the benchmark per capita figure of $2,980 itself, the number of users for each
‘tribe, the actual funding level for each tribe, and all data involved in calculating the three adjustment
factors currently utilized, as well as the cost of “wrap-around” services.

RECOMMENDATIONS

‘The USET Board of Directors, which is comprised of the top two elected officials from each of the

‘twenty-four member tribes, makes the following recommendations:

1

|. Until valid local data is developed or acquired, only regional

Contract Support Cost funding and tribal shares should be excluded from the calculation of LNF. This
percentage is calculated by dividing the amount of funding available to the operating unit by the amount of
funding needed by the operating unit, The resources allocated to each operating unit include Contract
‘Support Cost funding and trital shares. The inclusion of such resources in the LNF formula artificially
raises the LNF percentage for those operating units that contract or compact their operations.

‘The LNF methodology should only be applied to the IHS Indian Health Care improvement Fund, and not
other funding allocations. The USET tribes strongly oppose the application of the LNF methodology to any
other funding allocations.

|. Future data used in the LNF methodology needs to be improved and derived in consultation with the tribes

themselves, through cooperative efforts with regional epidemiology centers. These efforts could possibly
include an updated version of the results obtained through the Survey of American Indians and Alaska
Natives (SAIAN}, which most tribes agree is outdated. Although the LNF study attempts to take unique
tribal situations into consideration through a series of adjustments, the inaccurate impact of such
comparison is only compounded when the data and averages utilized in making such adjustments are
proxies or estimates. The validity of such aggregate national data is significantly reduced when applied to
the focal level due to these factors.

HHS Area) funding levels be considered for
the initial distribution of funds. Subsequent, tribal-specific allocations will be determined through direct
consultation with the tribes in each Area.

. The methodology developed by the LNF Workgroup needs to include funding forall categories of

healthcare received by the AIAN poputation, not just personal health care services. Eliminating the
funding for the “wrap-around” services in the calculation of a LNF only serves to short-change ourselves in
advocating for the benefits that are rightfully due to AIJANs.


43

No. 1, for fiscal year 2001, the Aberdeen Area had a need of $56.3 million. How-
ever we will only receive $19.8 million. This fij s up to an unmet need of
million. Furthermore, this shortfall of $36.5 million represents a manpower shortage
of 170 employees.

No. 2, Flandreau, for example, has a huge unmet need. For fiscal year 2003 we
have a documented need for $450,000., yet only receive $112,000, which creates an
unmet need of $338,000, and this is just 1 year.

No. 3, “We have an immediate need for $1.5 million for law enforcement, our
court system, and a public safety center”—Roger Trudell, Santee Nebraska Chair-
man.

Permanent Funding: We need money that will be there from now on. Programs
like the COP grants are great, but they have, a short duration, usually a few years.
We need an increase in funding that we can always count on.

More Diverse Funding Sources: Programs like the COP int are good for
meeting the initial need. However, we need sources of money that we can use to
retain our officers. Frequently, departments use these funds to hire and train new
officers, but once the money, runs out, the trained and experienced officers leave to
find work in more stable departments.

More Officers Are Needed: Much like some areas in the country, there is a
huge, shortage of properly trained officers in Indian country. Having more officers
could help solve several problems, not just the obvious increase in enforcement.
Safer communities would be more economically inviting for businesses to move into.
Having a well trained, quality police force would also assist in helping to break the
endless cycle of domestic abuse and many other of the social problems that plague
our reservations and communities.

Detention Centers Are Needed: While this is a national problem, it is particu-
larly bad on the reservations. Funds are needed to build modern, secure detention
facilities. When it is necessary to incarcerate an individual, many reservations have
very limited options. They can either house the prisoner in their own substandard
facility, or take an officer off the street to transport the prisoner to another facility.

Increased Funding for Community Awareness Activities: Many commu-
nities, ours included, are moving toward community based law enforcement. Our po-
lice force is actively participating in and educating the community, which will serve
to lower crime across the board. A source of funds specifically for this purpose would
greatly help the effort.

Health Care: As you know, the Great Plains Tribes in the Aberdeen Area have
the worst health statistics in the country.

Highest Infant Mortality Rates
Years of Productive Life Lost

Diabetes

Heart Disease

Cancer

Alcohol and Drug Abuse

Injuries and Accidents

‘These factors along with distance, access to medical facilities, poverty, and under-
funding, make it extremely difficult to meet the health needs of our people. The
Great Plains tribes do appreciate the consultation process that has been going be-
tween the Indian Health Service and all tribes. It is imperative that this process
continues so that our needs and concerns are heard. It is extremely difficult to pro-
vide quality health care to our peowle on the current budget. The funding that we
receive doesn’t even begin to address the health needs in the Great Plains Area. The
Great Plains/Aberdeen Area budget for fiscal year 2000 was $175,715.860 when the
need is $347,512,094. With this kind bare bones budget, service units and health
clinics operate by “crisis management” or a with a band-aid approach.

The Flandreaa Santee Sioux Tribe operates an outy nt clinic with 638 Contract.
with the Indian Health Service, In fiscal year 2001 our contract amount was
$2,081,578. According the Level of Need Funded Study by Indian Health Service,
we are funded at 37 percent of our need. We have approximately 2,200 users on our
reservation. This figures out to léss than $1,000 per person. Our Mental Health dol-
lars in this contract was $33,918. This does not even cover a salary and fringe for
qualified mental health professional, basic office necessities, and referrals for any
emergency commitments or mental health evaluations. Our alcohol funding for fiscal
year Boot is $83,031. Again, it/is extremely difficult to Provide the services needed
‘on our reservation with this kind of funding. Because this is such a huge need on
our reservation the tribe commits a portion of their tribal dollars to Alcohol and
Drug Treatment each year. The Dental Program dollars for fiscal year 2001 is
$68,792. This does not even begin cover the dentist’s, dental hygienist’s, or dental



129

Unite Sout ano Eastern Tries, inc.

USET Resolution 2001:047

RECOMMENDATIONS FOR AMENDING THE GEORGE W. BUSH

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

RESOLVED

ADMINISTRATION'S CHILD WELFARE POSITION

‘United South and Easter Tribes, Inc. (USET) is an intertribal organization of
‘twenty-four (24) federally recognized tribes; and

the actions taken by the Board of Directors officially represent the intentions of
‘each member tribe, since the Board of Directors is comprised of delegates for the
‘member tribes’ leadership; and

there is a unique government-to-government relationship between the federal
government and federally recognized tribal governments; and

Congress, through statutes, treaties, and the general course of dealing with tribes,
are charged with the responsibility for the protection and preservation of Indian
tribes and their resources; and

there is no resource more vital to the continued existence and integrity of Indian
tribes than their children; and

‘as trustee, the United States Government has a direct responsibility to protect
Indian children; and

4 proposed initiative of the Bush Administration entitled “Strong Families, Safe
Children” (attached) fails to address the unique needs of Indian families, children
and tribal governments in the following ways: 1) It proposes additional funding
of $1 billion to States over a five-year period for preventive services, and does not
‘consider funding to Tribes for similar services; 2) It narrowly defines
“permanence” as either retuming a child to safe and stable biological or
adoptive family, and ignores more culturally appropriate definitions of both

‘and family; 3) By omission, it fils to support the requirements of
the Indian Child Welfare Act which covers procedures for working with Indian
children in State custody who are in out-of-home placements; therefore be it

the USET Board of Directors recommends that the child welfare position of the
‘current administration be amended; to include:

1) that provisions for need-based direct and flexible funding to tribes for
Prevention and intervention services for Indian families and children in
adequate amounts with equitable distribution to all tribes;

“Because there is strength in Unity”


118

Unrrep Sours ano Eastern Tapes, inc.
‘711 Stewarts Ferry Pike * Suite 100 + Nashville, TN 37214
‘Telephone: (615) 872-7900 Fax: (615) 872-7417

TESTIMONY PRESENTED BEFORE THE SENATE COMMITTEE ON INDIAN AFFAIRS
CONCERNING
‘TRIBAL ECONOMIC DEVELOPMENT
APRIL 9, 1898

Chairman Campbel, and distinguished members of the Senate Committee on Indian Affairs:
‘My name is James T. Martin, } am enrolled member of the Poarch Band of Creek Indians of Alabama.

1 am the Executive Diector of the United South and Eastern Tribes, Inc (USET) an inte-trbal organization
consisting of twenty-three federally recognized Indian Tribes from twelve states inthe south and eastern region of
the United States. USET's main function i to provide a forum forthe exchange of information and ideas amang
it's member Tribes, the Federal Govesnment and other entities. USET is grateful for the opportunity toa

before this Committee to discuss the subject of economic development in Indian Country—an issue of considerable
importance tothe USET membership along with virtually every other federally recognized indian Tribe.

tis not possible for me to adequately address this topic in the shart amount of time we have today. Instead, |
hhave elected to focus on a more narrow issue: What are the tools that Tribes need in order to successfully
develop their economies and provide for the welfare of their members and how can the Federal Government help
Indian Tribes accomplish this objective?

‘The needs of American Indians and their respective Tribal Governments are substantial. Unemployment in Indian
Country i stil several times the national average. In adgition tothe historic problems of alcohol addiction, drug
literacy, Tribes are now confronting new threats to their culture and society in the form of teen
suicide, gang violence and renewed racial discrimination,

‘Most governments levy taxes to raise revenues for the programs they need to provide for the health, education
‘and welfare of their citizens. This, however, is not a viable for option for Indian Tribes since, almost without
exception, they have no ta ase. Therefore, economic development is the only avenue open te :hem for
‘generating the funds needeo to fulfil their governmental abligations. Economic development opportunities for
Tribes are severely hindered by the remote location of most Indian reservations and the historic problems of
‘unemployment, racial discrimination and limited resources that have plagued their economizs. If the Federal
Government is sincere in its efforts to improve the economic circumstances of Indian Tribes and their members, |
believe this can be achieved by the following:

“Because there is strength in Unity”


122

Unrrev Sout ano Eastern Tases, inc.

USET Resolution 2001:048
APPOINTMENT TO THE NCAI NATIONAL WELFARE REFORM TASK FORCE

WHEREAS, United South and Eastern Tribes, Inc. (USET) is an intertribal organizations of
‘twenty-four (24) federally recognized tribes; and

WHEREAS, the actions taken by the Board of Directors officially represent the intentions of
each member tribe, as the Board of Directors comprises delegates from the
member tribes’ leadership; and

WHEREAS, on September 3, 1998, the Board of Directors appointed the Chairperson and
Vice-Chairperson of ‘the USET Social Services Committee to serve as

representative and altemate representative, respectively, to the NCAI Welfare
Reform Task Force; and

RESOLVED effective immediately, the USET Board of Directors appoints Eleanor Jankovich
1as the representative and Jean Allen-Wilson as the alternate representative to the
National Congress of American Indians (NCAI) Welfare Reform Task Force.
CERTIFICATION

This resolution was duly passed at the USET Impact Week meeting at which a quorum was
‘Present in Artington, VA on Thursday, February 1, 2001.

Klbcflery “Bike ue at

Keller George, President
United South and Eastern Tribes, Inc. Gis sons Eanes robes,

“Because there Is strength in Unity”


127

‘USET Resolution 2001:044
CERTIFICATION

‘This resolution was duly passed at the USET Impact Week Meeting, at which a quorum was
resent in Arlington, VA on Thursday, February 1, 2001.

Keller George, President Beverly Whight, Secretary |
United South and Eastern Tribes, Ine. United South and Eastem Tribes, Inc.


CONTENTS

MaRCH 22,'2001

Statements:

Chase, Joann K., executive director, National Congress of American Indi.
ans, Washington,

Inouye, Hon. Daniel K., U.S. Senator from Hawai

mittee on Indian Affairs ...

Keel, Jefferson, Lieutenant Governor, Chickasaw Nation, Ada, OK

Masten, Susan, president, National Congress of American Indians ..

Ranfranz, Thomas, R.,’ president, Flandreau Santee Sioux ‘Tril

Flandreau, SD and vice president, National Congress of American Indi-

ans [Aberdeen Area] ..

vice chairman, Com-

APRIL 5, 2001

Statements:
Inouye, Hon. Daniel K., U.S. Senator from Hawai
mittee on Indian Affairs
George Keller, president,

vice chairman, Com-

APPENDIX
MarcH 22, 2001

Prepared statements:
Masten, Susan (with attachments)
Ranfranz, Thomas, R.

ApRIL 5, 2001

Prepared statements:
George, Keller (with attachments) .....

amp

Page

46
41


106

‘Before taking my position with USET, | served my Tribe as Tribal Administrator for aver ten (10)
years. As Administrator | was responsible for the day to day operations as they pertain to the
‘administration of contracts, grants, and other agreements fr the delivery of services to our tribal
membership. Poarch Creek was re-recognized in 1984 through the Federal Acknowlegdement
Process. Being a newly recognized Tribe afforded Poarch Creek the opportunity to develop contract,
‘grant, and cooperative agreement programs from the ground up. Tribal Priority Allocation funds were
and continue to be the comerstone of my Tribe's ability to deliver essential services to its
membership. TPA allowed my Tribe the flexibility to place funds in priority program areas to meet
‘the needs of our Tribal community. From my background and experience | would like to focus my
comments on the Tribal Priority Allocation (TPA) within the Department of Interior 1999 Budget
Request.

In FY-98 TPA comprises almost half (49 percent) of the total BIA budget and continues to remain
one of the top funding priorities. The majority of these funds are used to support on-going services
at the local Tribal level including such programs as education, law enforcement, housing, natural
resources management and govemmental services. Funding priorities for all of the programs included
in TPA are determined in consultation with Tribal officials.

1 want to commend the BIA, for in recent years it has been one of the principle goals of the Bureau
to provide maximum resources to the TPA, by identifying TPA as one of the highest priorities within
it’s budget request. However, over the past two decades, limited or no funds have been added to
TPA, by Congress, to fully implament Setf-Determination and Self-Govemnance. Further, in FY-96 TPA
wes drastically cut and critical Tribal programs and services were severely impacted . These budget
reductions are contrary to the legal and moral obligation of the United States and it’s proclaimed
‘support of Self-Determination for indian people. Uttimste Self-Determination for Indian people will
not be realized until adequate funding to develop strong and stable tribal governments is appropriated.
Continued funding at the current level is in danger of under-mining the successes Tribal governments
have achieved trough Self-Determination and Self-Governance. The small increases to TPA are not
‘adequate to keep pace with inflation. The loss of purchasing power has hindered many Tribe's ability

TPA Testimony JT 228188 Page 2


EXECUTIVE COMMITTEE

we rae

ove ioe of Fo rato

SACRAMENTO AREA

executive

66

NATIONAL CONGRESS OF AMERICAN INDIANS

THE NATLONAL CONGRESS OF
AMERICAN INDIANS.

RESOLUTION #STP-00-053.

Title: Supporting Re-authorization of the Indian Health Care
Improvement Act, P.L. 94-437

WHEREAS, we, the members of the National Congress of American
Indians of the United States, invoking the divine blessing of the Creator upon our
efforts and purposes, in order to preserve for ourselves and our descendants the
inherent sovereign rights of our Indian nations, rights secured under Indian
ireaties and agreements with the United States, and all other rights and benefits to
which we are entitled under the laws and Constitution of the United States to
enlighten the public toward a better understanding of the Indian people, to
preserve Indian cultural values, and otherwise promote the welfare of the Indian
people, do hereby establish and submit the following resolution; and

WHEREAS, the National Congress of American Indians (NCAI) was
established in 1944 and is the oldest and largest national organization comprised
of representatives of and advocates for national, regional, and local Tribal
concerns; and

WHEREAS, the health, safety, welfare, education, economic and
employment opportunity. and preservation of cultural and natural resources are
primary goals and objectives of NCAI, and

WHEREAS, the Indian Health Care Improvement Act, P.L. 94-437 was
first enacted in 1976 to address Indian health disparities, to increase the number of
health care professionals serving Indian communities, to authorize services to
urban Indian populations, to rectify Indian Health Care facility problems and to
provide access to Indian patients to other health care resources such as
Medicare/Medicaid, and

WHEREAS, the Indian Health Care Improvement Act provides
comprehensive directives to the Federal Government with regard to Indian health
and, along with Snyder Act of 1921, provides overall guidance and authority for
USS. Indian Health Services programs; and

WHEREAS, the Indian Health Care Improvement Act is scheduled to
expire at the end of the fiscal year 2000; and

1301 Connecticut Avenue NW, Suite 200, Washington, DC 20036 202.466.7767 (ax 202.466.7797


52

Country relies upon many factors. These factors range from the availability of financing to
start or expand tribal business, education of the tribal workforce, infrastructure
development for reservation accessability, strengthen tribal court systems for internal
controls and regulations, and providing technical assistance for new business
development. Currently, there are a number of programs that provide assistance to tribes
in these areas, including the Bureau of Indian Affairs’ Office of Economic Development,
HUD’s Community Development Block Grant program, ANA’s Social and Economic
Development Strategies grant program, the Department of Commerce’s Office of Native
American Business Development, the Minority Business Development Agency’s Native
‘American Business Development Centers, and the Economic Development
Administration. There is also the Small Business Administration’s Tribal Business
Information Centers and Small Business Development Centers, and the Department of
Treasury's Community Development Financial Institutions Fund.

Unfortunately, even with all of these programs, there still exists severe poverty and
unemployment on Indian reservations which can mostly be attributed to the history of
federal mismanagement of Indian property and the historical under funding of federal
programs. Therefore, tribal governments are very thankful that this Committee has taken
the lead on Indian economic development issues and has taken some very positive
legislative steps in the past to help spur economic development in Indian Country. For
example, in November 2000, the Native American Business Development, Trade
Promotion, and Tourism Act of 2000 was enacted that created within the Department of
Commerce an Office of Native American Business Development. This office will provide
the much needed coordination between the programs and assistance to Native Americans
in the areas of business development and trade promotion. NCAI was in full support of
this office and passed NCAI Resolution #5TP-00-091 (attached), endorsing any funding
requests by the Commerce Department and other federal agencies to further its objectives
and activities.

NCAI is pleased to see that this Committee has introduced new legislation that will assist
tribes in creating sustainable economic development. NCAI supports any federal assistance
that is available to tribes and encourages this Committee to continue to work with our
membership in identifying new ways of creating sustainable economic development on
Indian reservations. NCAI also urges this Committee to support the funding levels
identified in our appropriations testimony previously forwarded.

Vi. HEALTH CARE

Mr. Vice Chairman, as this Committee knows first hand, quality health care for tribal
members has and continues to be among the top priovities of tribal governments. With
inadequate medical services, facilities and treatment programs in most tribal communities
Indian people have the highest levels of chronic diseases such as diabetes, infant mortality,
teen suicide and substance abuse. The member tribes of NCAI are appreciative of the

Page 7


101

United South and Eastem Tribes, Inc.
Position Paper
February 1, 2001

SUBJECT:
Improving the competency of the Tribal Justice systems through adequate financial support.

United South and Eastern Tribes, Inc. (USET) would like support from the Federal Government and Federal
‘Agencies for the development and vitality of Tribal Courts, Peacemakers and other Tribal Justice Systems,
for the advancement and improvement of justice administration within Indian country.

ISSUES:

‘These plan for action are essential to prepare recommendations for the new Administration and to
successfully implement the goals and objectives of the USET Tribes. Tribal intercession is critical to the
concems that need to be addressed over the course of the next administration in shaping the future of the
USET Tribes.

The USET Tribal Justice Committee, through the Board of Directors, has identified the following issues as
being of the upmost importance. The following principals are essential to effectively address the Tribal
Justice concems of the USET Tribes.

Tribal Sovereignty means very little if Tribes lose the right to determine the liberty, lives and futures of their
community members. Without improving the competence of Tribal justice systems through adequate
financial support, the right of Tribal sovereignty and self-determination is at risk of being eradicated
through Congrescional actions.

In accordance with the Indian Self Determination and Education Assistance Act (P.L 93-638), USET is
requesting that more financial resources be allotted to the agencies serving Tribal justice systems located
within the Bureau of Indian Affairs (BIA), Eastem Area Office and within the Department of Justice (Bureau
of lustice Administration). Important programs such as, the Indian Country Law Enforcement Initiatve's
Indian Tribal Courts Assistance Program, must continue to be funded in order to sufficiently address the
dispropottionately high rate of violent crimes in Indian country.


26

offset these shortfalls with reduced services, reductions in force, de-
layed updating of financial systems, et cetera.

e appreciate the increases provided by Congress in the past
several years for IHS contract support but there is still an existing
shortfall of approximately $45 million for ongoing and new contrac-
tors. We urge Congress to fully fund IHS contract support costs.

Finally, we urge this committee to work with tribes in educating
other committees of Congress and Federal agencies outside of the
BIA and IHS that contract support costs are a legitimate and nec-
essary part of this Nation’s policy which recognizes and promotes
tribal self-determination.

No. 4, is tribal historic preservation. Beginning in 1996, tribes,
under the authority of the National Historic Preservation Act,
began establishing tribal historic preservation offices to take over
the duties of the State historic preservation officers on tribal lands.
There are now 27 tribal historic preservation offices, of which 7 are
USET members—Wampanoag, Narragansett, Catawba, Poarch
Band of Creeks, Tunica-Biloxi. Eastern Band of Cherokee, and Sen-
eca.

The National Park Service reports that there is interest amon,
many other tribes in establishing tribal historic preservation of-
fices. Congress is providing about $5 million annually for tribal his-
toric preservation programs. The tribal historic preservation offices
receive a base of $100,000 plus some additional funding based on
population. Other parts of the $5 million are distributed competi-
tively to tribes for preservation programs outside of the tribal his-
toric preservation offices.

Establishing and carrying out the duties of a tribal historic pres-
ervation office is an enormous undertaking, and is an attribute of
tribal sovereignty. We urge Congress to significantly increase fund-
ing for tribal historic preservation offices so that they can better
meet the requirements of their offices and so that additional tribes
can establish tribal historic preservation offices.

We have heard under the President’s budget, they are going to
hold that level of funding to the levels of 2000 which will mean we
will still not be at those levels but will go below that level again.
This is of concern to our efforts for tribal historic preservation pro-
grams that we have.

The ability of tribal governments to provide services to their
members is directly impacted by the amount of Federal funding
made available for tribes. We ask this committee to continue advo-
cating for funding that more accurately reflects tribal needs and
the, United States’ trust responsibility for tribes.

We are fortunate that six members of the Senate Committee on
Indian Affairs also serve on the Appropriations Committee. We
know the Senate Committee on Indian Affairs’ work has been very
important in securing recent funding increases for contract support
costs, diabetes programs, BIA school construction, and law enforce-
ment, among other areas. We ask your continued support in main-
taining the critical gains in these areas, as well as in securing ad-
ditional funding for the several key areas mentioned above that are
in_need of immediate attention.

No. 5, is child welfare, the Indian and Alaska Native Foster Care
and Adoption Services Amendments of 2001. USET strongly sup-


22

Senator INOUYE. There are two other projects I would like to just
mention. As you know, Madam President, when I assumed the
chairmanship of this committee I did some research and I noted
that the federally subsidized Howard University which was estab-
lished by the Congress to help the descendants of African slaves 10
years ago was receiving something like $14,000 per student 10
years ago. At that time Indian students throughout the United
States were receiving about $2,000 per student.

There is no medical school for Indians. There is no law school,
no schools of specialization. We have 28 Indian colleges and we are
in the process of trying to develop a university of national scope.

Second, a bank. I recently met with the Board of Directors of the
Native American Bank and I am pleased that they are moving for-
ward. I hope NCAI will look upon this and hopefully support this
effort.

Ms. MasTEN. I have been actively involved at the very beginning
of that effort. Personally, 1 support that. In my travels and in many
of my speeches as the president, I have encouraged tribes to ac-
tively engage in support of that national bank. It is about time that
we made our money work for Indian country. We need to be sup-
portive of thai effort.

I also want to thank you for taking on the cause of a university
that is national in scope that would focus on Native Americans. So,
I appreciate your commitment to that effort and look forward to
working closely with you.

In fact, our initial discussions began on forming the banking in-
stitution based on a comment that you made during the economic
summit. It is amazing the number of ways that you have touched
Indian country in your leadership and we are appreciative of that.

Senator INOUYE. With that, I thank all of you in attendance. This
committee will stand in recess, subject to the call of the Chair.

k you very much.

Ms. MASTEN. Thank you, Vice Chairman.

(Whereupon, at 3:25 p.m. the committee was recessed, to recon-
vene at the call of the Chair.]


105

SO, _Unrrep Sours ano Eastern Truses, nc.

D
ks 711 Stewarts Ferry Pike + Suite 100 + Nashville, TN 37214
3 ‘Telephone: (615) 872-7900 + Fax: (615) 872-7417
S/
Ke y
Li

TESTIMONY PRESENTED BEFORE THE SENATE COMMITTEE ON INDIAN AFFAIRS
CONCERNING
DEPARTMENT OF INTERIOR FISCAL YEAR 1999 BUDGET REQUEST
BUREAU OF INDIAN AFFAIRS TRIBAL PRIORITY ALLOCATION
FEBERURY 26, 1998

Chairmen Campbell, and other distinguished members of the Senate Committee:

‘My name is James T. Martin, | am an enrolled member of the Poarch Band of Creek indians of
Alabama.

1 am the Executive Director of United South and Eastem Tribes, Inc. (USET) an inter-tribal
organization consisting of twenty-three federally recognized Indian Tribes from twelve states in the
‘South and Esstem region of the United States. USET’s main function is to provide a forum for the
‘exchange of information and idees among its member Tribes, the federal government and other
‘entities, USET appreciates the opportunity to provide testimony on the Department of Interior's 1989
Budget Request.

‘As Executive Director, { have been afforded the opportunity to serve on behalf of the USET Tribes
‘on various committees and workgroups dealing with the governmental agencies that provide funding
and anter into contracts, grants, or cooperative agreements with our member Tribes. 1 was honored
10 participate in the Joint TriballBIAIDOI Advisory Task Force on Reorganization of the Bureau of
Indian Affairs and the Negotiated Rulemaking Committee for the Indian Self-Determination and
Education Assistence Act. | currently serve on the Contract Support Workgroup for IHS and | am
working with the BIA Tribal Share Workgroup. Recently, | participated in the BIA Tribal Pririty
‘location (TPA}Task Force. This willbe the main focus of my comments today.

“Because there is strength in Unity”


34

there was a great meeting and I believe about 400 to 500 people
assembled. I have no idea how many speeches were made but there
was no meaningful meeting of senior tribal leaders with the Presi-
dent of the United States.

Accordingly, in my meetings with tribal leaders in recent times,
they have once again requested an opportunity to meet with the
President have suggested that the meeting be Yimited to about 12
or 15 leaders. When you consider that there are many tribes in this
land, some tribes may feel they are left out, but I concur with these
tribal leaders that_if you want to have a meaningful, in-depth
meeting with the President of the United States, the number of
participants should be as small as possible. Does the USET agree
with that approach?

Mr. GEORGE. Yes, Senator; we do. Our position is that USET is
not so concerned who the messenger is as long as the message gets
out. We would propose that a good idea would be to look at some
of the regional Indian organizations such as USET, the Northwest
Affiliate Tribes, the Montana-Wyoming Tribal Chairmens Associa-
tion. Most of the regional organizations, like the Midwest Alliance
of Sovereign Tribes, represent a certain area of tribes in their orga-
nizations.

It will be difficult. In USET we talked about this issue at our
January meeting and we believe we can come to an agreement on
who would be our representative if we indeed had one. We would
support a small meeting with the President. I am sure that Indian
country can support that idea. At least we know we can and will
work toward that end in USET.

Senator INOUYE. I know that you touched upon means testing at
some length. My position is a very simple one. Most of the agree-
ments we have reached between Indian country and the Govern-
ment of the United States are based upon treaties. As far as I am
concerned, treaties are solemn promises made by both parties. If
the U.S. Government promised that in return for the cession of mil-
lions of acres of Indian land that you would be entiled to received
certain programs and services, like health care and education, the
U.S. Government should honor those commitments, even if you be-
come multi-millionaires.

Means testing is one way of breaking treaties. I think a better
solution might be for those fortunate tribes, in their own judgment,
to distribute those funds that can be used by those tribes that are
in need. I can assure you that those of us on this committee, and
I think we have a majority, are opposed to the means testing ap-
proach because that would be violating provisions of the treaties.
Dov yu concur with our position?

ir. GEORGE. I concur with your statement, Senator. We are op-
posed to the means testing. In USET, we have passed various reso-
lutions opposed to means testing. However, we would like to turn
it around a bit and propose needs testing. If the needs have been
met and as tribes are developing—as we mentioned, there are two
tribes within the USET area that have decided to turn back those
funds to the BIA to be redistributed among the tribes that are most
needy in the USET area.

We think that is the way to go and hopefully by example, other
tribes will follow. It may catch on or may not but the needs vary


115

‘to outside businesses. The current restrictions on the issuance by Tribes of tax-exempt
‘securities, deprives them of this option. Further, tax-exempt financing is just one of several
incentives that governments have used to attract new industry. Municipalities, for example,
frequently give property tax breaks to companies that promise to build new plants and fatilties.
Indian Tribes, since they generally do not levy property taxes, cannot offer similar incentives.
‘The Federal Government, however, can enhance the benefits of “enterprise zones” and
“empowerment zones” insofar as they apply to Indian Tribes end it can do so at very little
expense to the Federal treasury.

© Improve the Infrastructure on Tribal Lands, The United States is embarking upon a

ion-wide progtam to build and repair the roads, bridges and other infrastructure components
ofits cites and towns. Virtually all Indian reservations are in need of simiar assistance. If
Tribes are to attract new business ventures, they must be able to deliver essential support
services, such as water and sewer, highways, electricity and communications. Some states
have implemented programs designed to help cities and towns improve ther infrastructure in
order to make them more attractive to outside industry. Alabama, for example, has implemented
a "Prepared Cities Program” that specifically targets the infrastructure needs of small
municipalities (population of less than 20,000}. No similar concern for Indian reservations has
ever been exhibited by either the Federal or State governments. This must change if there is @
genuine desie to foster economic development in Indian Country.

The commitment required by the United States to implement the foregoing and improve Tribal economies is smal
when compared the benefits that wll be derived by both the Federal Government and the affected Indian Tribes.

The standard of lving of Tribal members will be elevated and the governments of Indian Tribes will become more
seltsutfcient. All ofthis translates into reduced unemployment, lower crime rates and fewer demands placed on
federal and state social services.

Indian Tribal Gavernments have limited resources. We would prefer to devote those resources to working
cooperatively with the Federal Gavetnment on projects that promise to benefit both parties instead of expending
cur limited funds defending against constant legislative attacks on our right to exist and function as sovereign
governments.

Again, | thank you forthe honor of appearing before you to discuss this important issue. | willbe happy to answer
questions at this time,

eon. Dev. Testimony JTM “419188 Page 3


58

responsibility for reforming the trust management system. We strongly believe that
vigorous Congressional oversight and technical changes to the underlying trust
management statutes will be necessary in the coming year.

Asa general statement, we believe that the Department of Interior continues to act as if it
does not have the responsibilities of a trustee. The fact is that the United States, as a
trustee, manages and administers trust property, resources and funds for both tribal and
individual Indian trust beneficiaries, and when dealing with Indian trust or restricted
property, including land, water, minerals, timber, funds and hunting and fishing rights, the
Department has generally the same responsibilities as would a private trustee. E.g.,
Mitchell v. United States, 463 U.S. 206 (1983).

Although there are many examples of this, perhaps the most fundamental is the way the
Department's “final* regulations fail to deal with the primary source of failure in the trust
management system: internal controls, accounts receivable and monitoring and
enforcement on uncollected trust funds from the sale or leasing of trust resources. There
has been far more money lost in the Indian trust system from payments that were never
received than from mismanagement of funds after recei It is undeniable that collecting
trust funds from the development of trust resources is a critical aspect of trust
management. Yet there is no discussion in the government's Part 115 on Trust Funds that
deals with policies regarding collection or accounts receivable. These are not the
standards for a trustee.

Our concerns on these matters relate to the overall architecture of the trust management
system. Currently there is a hodgepodge of variously outdated and dysfunctional trust
management systems across the BIA Regions and Agencies. The purpose of the BIA trust
reform project is to create modern, uniform systems. Yet, the proposed regulations do
little to address what the ultimate trust management systems will look like. The policies
and procedures currently contemplated are being drafted in a vacuum, without a structural
foundation of how the trust management system will operate. It is notable that this
criticism, a lack of structural foundation, is exactly the same as has been leveled against
the Department’s development of the new computer system, the Trust Asset and
Accounting Management System.”

Our discussions with the Office of Trust Funds Management (OTFM) and the BIA Office of
Trust Policies and Procedures have led us to the conclusion that many of these issues
remain unresolved because of existing structural and management divisions within the
Department of Interior, and a lack of coordination or integration. The responsibilities for
performing tasks that are essential to trust management seem to fall between agencies and
between job descriptions. We have been assured that some day in the future the OTFM.

“Indian Trust Funds: Challenges Facing Interior's Implementation af New Trust Asset and
Accounting Management System (Testimony, 07/14/1999,GAO/T-AIMD-99-238).

Page 13


112

Tiered Methodology
Components

Upper Tres Tribes

i Tribes
(receive 20% offincreas&éd TPA funding)

(receive 3; i RA funding)

Lower Tiered Tribes

(recelve 50% of increased TPA funding)



76

formulae must be reviewed on an annual basis to incorporate the most current and
verifiable local data.

Diabetes Funding Distribution. USET thanks the Committee for its role in last
year's amendments to the Balanced Budget Act, which increased and extended the
entitlement diabetes funding for Indian tribes and urban Indian organizations. Given the
extremely high incidence of diabetes in Indian country, we urge that this be ongoing
funding beyond fiscal year 2003. While we hope great progress is made in the
prevention and treatment of diabetes by fiscal year 2003, we know that there will still be
much work to be done after that date.

USET supports the use of the existing distribution methodology for the entire
amount of FY 2001 diabetes funds ($30 million previously made available through the
Balanced Budget Act of 1997 and an additional $70 million made available through the
Balanced Budget Act of 2000). We support use of the existing methodology for the
FY 2001 funds so that they can be disbursed in a timely manner. However, we believe
that the distribution methodology for funding that begins in FY 2002 should be analyzed
and modified. We urge that newly appropriated diabetes funds be allocated to tribes for
prevention and treatment activities and not diverted to universities or special interest
organizations for research purposes.

Dr. Tryjillo. USET commends Or. Trujillo for his good work and advocacy for
Indian and Alaska Native people as Director of the Indian Health Service, and we are on
record in asking the Bush Administration to allow him to remain in his position for the
remainder of his term.

Law ENFORCEMENT

The USET tribes strongly endorse increases to the BIA/DOJ Law Enforcement
initiative as a high priority for future appropriations. We firmly believe that law
enforcement is an essential component of a tribal government's ability to govern and an
integral part of successful economic development. Like other tribes nationally, USET
tribes are experiencing increased rates of crime and violence. But, with limited
resources, many of our member tribes are unable to provide law enforcement on the
twenty-four hour/seven days a week basis that would lead to more peace and stability in
our communities.

In order to strengthen our law enforcement programs, we believe that BIA and
DOJ should work with the tribes to develop and implement model cross-deputization
agreements. Since we work with not only local law enforcement officials but also state
police and other federal law enforcement officials such as National Park Service
Rangers, consistent recognition of tribal law enforcement authority would improve
interaction with these other agencies. Similarly, there is a need to develop a
Memorandum of Agreement between tribal police and U.S. Attorneys that establishes
the standards for bringing cases to the federal courts. These actions would go far in
promoting the legitimacy of tribal law enforcement programs.

107th Priorities Testimony-KG 415104 Page 9


28

meager funds they are desperately focused on establishing their
basic tribal government, which leaves them no funds to develop
business, ordinances, codes, and strategic planning that would pre-
pare them for a greater chance of achieving economic success.

At the other end of the spectrum, we have tribes who have
achieved the capacity to extensively diversify their economic base.
It is critical for Congress to recognize that the economic success of
a very few does not mean it is time to withdraw support for Fed-
eral responsibilities.

Within USET there are two tribes that now have decided to turn
back their TPA funding to the BIA. That would be redistributed
using the tiered methodology that we have proposed. We did a
study on that and we are using that methodology with the Bureau
now and presently redistributing those funds to the tribes that
have the most need for those funds. We did it in fiscal year 1998-
99 and are doing it in 2000 and hopefully 2001 also. There are two
tribes that have decided to do this because of their economic devel-
opment. They feel confident that they will be able to get along
without these funds and to help those tribes that need it so des-
perately.

We still hold that improving the economic status of tribes can be
achieved through: Honoring tribal sovereignty so that tribes may
self-regulate their economic affairs and interact with the Federal
government on a government-to-government basis, rather than
fighting off legislative and regulatory attempts to diminish their
authority; honoring trust responsibility to provide the health and
education services which will enable tribes to move toward eco-
nomic development with a skilled and healthy workforce; offering
meaningful tax incentives for private investment on Indian lands
such as the proposed legislation to allow tribes to issue, revenue
bonds and tax-exempt financing; and improving the infrastructure
on tribal lands. Tribes must be able to provide adequate water,
sewer, roadways, electricity, and communications systems in order
to attract new businesses.

We applaud the committee’s efforts to enact legislation that
would allow tribes to consolidate economic development resources
from various agencies/programe under one self-determination con-
tract and coordinate the role of the Federal agencies. We hope to
work closely with you in this Congress to secure enactment of this
and other proposed legislation that addresses our economic devel-
opment needs.

In addition to the legislation already noted, we urge the commit-
tee to oppose further attempts to subject tribes to the National
Labor Relations Act.

Under education, we greatly appreciate the work of this commit-
tee in drafting S. 211, the Native American Improvement Act of
2001, which concerns elementary and secondary schools in the BIA
system. Tribal children among the USET tribes attend a mix of
BIA and public schools. To that end, we hope that you will continue
to work with tribal leaders and advocates to ensure that the broad-
er Elementary and Second: Education Act reauthorization in-
cludes provisions to ensure that Indian youth in both the public
school systems and the BIA-funded school system receive all of the
support they need.


94

wc GRAFT

PAGES

‘SUMMARY

‘The USET tribes agree that the CHS distribution formula as proposed by the IHS CHS Workgroup is fair. The
formula duly considers congressional mandates, the needs of unfunded tribes, and maintenance of buying power by
‘addressing inflation, population, influence of local costs differences, and access to inpatient healthcare services.
Each of these factors has a direct impact on the need for CHS resources at the local level, and the HS CHS
‘Workgroup did a commendable job in addressing each of them fairly. Finally, the USET tribes agree that the CHS
formula, and other distribution formulae should be reviewed on an annual basis to incorporate the most current and
verifiable local data,


9

Second, do you have any idea as to how much money has been
remitted to the States? I do not expect you to have the information
readily on hand.

Ms. Masten. It has been a significant contribution. I know that
we are updating our state-by-state analysis from the past. I know
that NIGA has substantial numbers that they have generated
through their database.

NCAI will be happy to provide you with what we have. I will en-
courage the other organizations that also have data to submit that
to you to support your arguments.

Senator INOUYE. We wil! need the data and information if we are
to carry on your advocacy in a proper fashion.

Recently Senator McCain introduced S. 558, which provides tax
credits for investments on Indian reservations. Does NCAI have
any views on that?

Ms. MastEN. I don’t think that at our last session we specifically
dealt with this piece of legislation, but in the past NCAI has al-
ways been supportive of any measures that helped to alleviate and
encourage participation with tribal governments.

Senator INOUYE. I feel certain that this matter will be heard by
this committee, so I suggest that you look into this matter.

Whenever we speak of economic development, it is always sug-
gested that we should provide incentives for doing business on In-
dian land. Do you have any legislative proposals addressing this
area that you would like to recommend to us?

Ms. MASTEN. Well, for myself personal, as the President, it is a
priority issue for me because of the importance that it plays for In-
dian country. I know that as a priority for myself that I would
gladly step forward to take a lead in the development of legislation
in that area.

In fact, because it is a priority for me, I have scheduled it for a
presentation at the General Assembly as well as a breakout session
to discuss in more detail. So, it is already on the agenda for discus-
sion. I look forward to it. That will be one of the things that I will
be sure to present to the body for consideration legislation.

Senator INOUYE. The thrust of my questioning is rather delib-
erate because I have long advocated legislation affecting Indian
country should be made in Indian country by Indians. Much as we
think that we are knowledgeable, if you can aid us by providing
legislative proposals, we would be very happy to have them consid-
ered.

Senator Campbell has introduced a measure which would estab-
lish a demonstration project to authorize the integration and co-
ordination of Federal funding dedicated to community business and
economic development of Native American communities.

Do you support this measure?

Ms. MASTEN. Yes; we do.

Senator INouYE. I think we will have a hearing on this shortly.

Ms. MastTEN. I look forward to participating in that hearing.

Senator INouyE. About 11 years ago, because of my membership
on the Defense Appropriations Subcommittee, I thought that it
might be well if some of the defense projects could be carried out
in Indian country.


7

In the 106th Congress, the Committee was instrumental in the enactment of the
Indian Tribal Justice and Legal Assistance Act. We hope that this Congress will
appropriate the funds necessary to support much-needed development of tribal justice
systems. In addition to increased funding for tribal courts, additional technical
assistance and regionally based training have been identified needs of the USET tribes.

Federal Recognition

The USET Tribes are concerned that the discussion and consideration of the
tribal federal recognition process has become mired in controversies regarding two
related but separate processes—trust {and acquisitions and tribe-state agreements for
gaming. We believe it is misleading and prejudicial for the opponents of the recognition
process to assert that recognition will lead to wide expansion of Indian gaming and
significant loss of revenue from lands taken into trust on behalf of the tribe. What the
opponents fail to make clear is that it is only after achieving federal recognition that a
new tribe would be able to pursue gaming under the Indian Gaming Regulatory Act and
the acquisition of lands in trust. Both of these processes are time-consuming and
wholly separate from the recognition process.

The process for American Indian groups to attain federal recognition has become
an arduous, costly and very lengthy endeavor, a process that must be improved so that
it is not politicized and moves the applications in a timely manner. We support the
Committee's efforts to improve the process but request that the Branch of
Acknowledgment and Research (BAR) activities remain within the Bureau of Indian
Affairs rather than creating an independent Commission. We ask the Committee to
consider the following in improving the BAR process—

© Provide adequate funding for the BAR

Establish enforceable timeframes under which the BAR must completes it
work

Authorize the BAR to contract with experts and research institutions to conduct
research and analysis, with the BAR retaining final review under the
acknowledgment criteria

Finally, we would urge that the responsibility for final decisions on applications for
federal recognition remain with the Assistant Secretary. As with other matters of federal
policy, the Assistant Secretary considers the recommendations of the staff but the final
decision lies with the Assistant Secretary. Federat recognition decisions should be
handled the same way.

Federal Communications Commission
USET is greatly concerned that the FCC has not taken seriously its consultation

responsibilities with our member tribes, particularly when it comes to the licensing and
siting of communications towers. As we all know, literally tens of thousands of these

107th Priorities Testimony-KG 4i5/01 Page 10


83

The health care environment has changed substantially since the passage of the IHCIA
and also since the passage of the 1988 and 1992 amendments to the law. This
changing environment in health care combined with the downsizing of the federal
government bureaucracy has, at times, had a significant negative impact upon tribes
and tribal organizations in their efforts to provide quality health care services for AVAN
people. It is critical that tribes and tribal organizations be involved in the process of re-
authorization of the IHCIA to allow correction of any deficiencies inherent in the current
IHCIA.

BACKGROUND:

A National Steering Committee was established to review and make recommendations
for changes to the IHCIA prior to re-authorization. The National 437 Steering
Committee was composed. of tribal and IHS officials including two tribal leaders
representing the United South and Eastern Tribes, Inc. (USET). It was determined by
the National 437 Steering Committee that consensus had to be reached regarding each
title of the IHCIA, thus the goal became “Speaking with One Voice.” The National 437
‘Steering Committee conducted an in-depth review of each of the eight titles contained
in the law and made recommendations for changes. Committee members also utilized
technical experts to assist in the process of correcting deficiencies inherent in the
existing law. These technical experts included attorneys, Health Care Finance
Administration (HCFA) staff and statistical personnel. The Committee recommendations
were sent to each of the 556 tribal leaders for review and comment. Additionally, four
regional consultation meetings were held to give tribal leaders and their representatives
an opportunity to publicly communicate their issues and/or concerns to the Committee.
The comments from these regional meetings were recorded and compiled into reports
for review by the full National 437 Steering Committee.

The National 437 Steering Committee received and reviewed recommendations
received as a result of the regional meetings as well as written recommendations
submitted by tribes and tribal organizations. In the spirit of

“Speaking with One Voice,” a final “Proposed Bill to Re-authorize the Indian Health
Care Improvement Act” was drafted by the National 437 Steering Committee, based
upon the recommendations and concems of tribes and tribal organizations from across
the United States. The 162 page document was forwarded to the relevant committees
of jurisdiction as well as the Administration on October 7, 1999. Subsequently, on
November 16, 1999, the House Committee on Resources introduced their re-
authorization bill, H.R. 3397. H.R. 3397 is almost identical to the proposed bill drafted
by the National 437 Steering Committee. Twenty-seven members joined
Representative George Miller (R-CA), who chairs the Committee on Resources, in the
introduction of this bill. The House has not scheduled or held hearings regarding IHCIA

2


5

Provide a structure to encourage diplomatic relations and con-
structive cooperation between tribes and States; and, clarify that
reduction of poverty is a goal of welfare reform.

Under State taxation, we know this has been an ongoing issue.
We suspect that this will continue to be an issue on the table. We
anticipate that in the near future there will probably be legislation
that is entered again that looks to threaten tribal sovereignty.

We know that the lobbying groups for cigarettes and motor fuel
retailers claim that Indian retailers have an unfair advantage in
that they are not remitting lawfully imposed State sales taxes on
products sold to non-Indians. Their arguments have resonated
with certain Members of Congress and numerous pieces of legisla-
tion will continue to be introduced because of that mere fact.

Fortunately, none of those extreme measures in the past have
succeeded, thanks to members of this committee and your col-
leagues. We maintain that their claims are overblown and that
there will be encouragement from you in your leadership role for
the States to continue working with tribal governments to arrange
agreements as sovereigns and come up with solutions and not to
impose legislation that attempts to address the issue.

think that that is especially important as this administration
looks to have local governments in control of looking at issues, that
it is important for this to be one of those issues that reiterate the
administration’s position.

Under trust funds, we understand the hearing yesterday brought
out a lot of issues that needed to be addressed. This issue has been
on the table for a long time. If it hadn’t been Indian money or trust
assets, the issue would have never taken this long to correct or to
provide for restitution.

Unfortunately, Indian money or Indian assets seem to not be as
important as those assets of individual citizens in the United
States. I know that you Personally are concerned about this and I
know that you have paid attention to this issue closely in the past
and that you will continue to do so on our behalf.

I think that in particular they will want to be adequately funded,
but also we have to take a look at do we have the expertise within
the Bureau of Indian Affairs to correct the situation or to ensure
that as we move forward that there are people, in the field, who
are able to enter data, to issue requests for payments, to followup
on payments not made.

ere are a number of other issues that need to be looked at
more closely. I am looking forward to working closely with you as
we begin to address trust reform.

BIA has been working with NCAI with a work group entitled,
“Trust Management Regulations on Trust Funds, Leasing, Grazing
and Probate.

We have also worked with the committee on the pas: of the
Indian Land Consolidation Act amendments of 2000. ile we
made a lot of progress with the Bureau on a lot of issues for the
trust policies, there seemed to be difficult times in getting then to
take a responsible approach to trust reform management.

We have had many strained sit-down sessions where we just
wanted to have frank discussions about what we could be doing to-
gether.


lll

‘iving conditions in the United States; nearly one third live in poverty, their
health status is among the worst in the nation, and their mortality rate is
‘saveral times greater than the national average. A standard measure for
each TPA pragram should be developed (in consultation with Tribal
governments). This development would included the establishment of a
‘national database and information system.

‘Support of Equity in Fund Distribution: The development of standard
measures for each TPA program would be used to support the goal of
achieving “relative equity” in the identification and distribution of future
aveilable TPA funding, Again, as recommended by the Joint TribaliBIA/DO!
Task Forca, these standards shall be hased an bringing about conditions in
Indian country which, at the very least, equal those enjoyed by the balance
of the nation. Additionally, such methodology shall support the targeting of
additional resources to Tribes who have the greatest neads by comparison
‘to national standards.

‘As | conclude my testimony, | thank the Committee for the opportunity to provide my comments and
‘testimony conceming how to improve the Tribal Priority Allocation. | believe that the timing is right
to respond to this challenge. Indian Tribes continue to prave that Setf-Determination is the ultimate
‘ct of Tribal sovereignty. As | have heard Senator Inouye and others say many times, “the solution
to indian problems wil best come from within Indien Country.” These solutions will take time, but
can be achieved through creation af opportunities and the art of negotiation on a government-to-
government basis between Congress, federal agencies, and Tribes.

‘Again, | thank you for the opportunity to provide testimony. | will be happy to answer questions at

this time.

‘TPA Testineey JT


81

. Recognizes Tribal standards for foster home licensing.

© Allows the Secretary of the U.S. Department of Health and Human Services the flexibility to
modify the requirements of the Title IV-E law for the Tribes if those requirements are not in
the best interest of Indian children.

© Permits the Secretary of the U.S. Department of Health and Human Services to modify the
Title IV-E matching shares requirements so that the Tribes may use other federal or state
funds for this purpose.

© Establishes a methodology for Tribal access to the training, administration, and data
collection programs under the Foster Care and Adoption Assistance Act.

© Continues to recognize Tribal-state agreements currently in effect and allows Tribes and
states to enter into future agreements.

© For Tribes without a Tribal-state agreement, provides for less formal Tribal-state
agreements which would allow foster care maintenance payments to be made for children
placed by Tribal agencies.

© Nilow the Secretary ofthe Department of Health and Human Services to Waive or modify
requirements of the Act for a Tribe as long as the Tribe has an alternative method of
meeting the purpose of the Act.

‘SUMMARY:

Access to Social Security Act Title IV-E funding for Indian children has been severely limited to Tribal
govemments. This results in inadequate funding for Tribal foster care and adoption programs that must use
the Bureau of Indian Affairs funding or relinquish custody of these children to the state courts,
Relinquishment of custody results in Indian children being raised outside of their culture.

The USET member Tribes recommend amendments to Title W-E of the Social Security Act to allow direct
funding to Tribal governments for all costs associated with the placement and adoption of Indian children,
including, but not limited to, administrative, training, and data collection costs. Further, we recommend
amendments allowing flexibility in the matching share requirements of Title IV-E and waivers of
requirements for Tribes who demonstrate acceptable altemative methods of meeting the purpose of the Act.

‘The USET Tribes recogniz~ that some progress has been made in the Social Services ares in the past few
years, however, the lack ~! funding is continuing to hamper the effectiveness of Tribal y 2vernments in their
‘social services programs. This result has a negative social, cultural, and economic impact on Indian
communities. The USET Tribes are convinced that there are solutions to these problems. The federal
government is obligated, through its government-to-government relationship with federally recognized
Tribes, to contribute to these solutions. The USET Tribes call for a working partnership between the United
States Government and the twenty-four USET Tribes to address these issues.

Keller George, USET President


107

to provide essential services to our communities.

As background, there are many complexities and factors that exist both in the current makeup of
‘each Tribe's TPA base funding and in the methods used to adjust these recurring bases. One truth
that is known at all levels - Indian Country, Congress, and the Federal Agencies - is that inequities
‘exist amongst tribal funding bases. tn general, existing TPA Tribal bases vary across the nation and
are in many cases reflective of the ability and capacity of each respective Tribal government to
assume programs and services formally performed by the BIA. There is no single factor that can be
identified that contributes to the adequacy or inadequacy of a Tribe's funding base. For example,
Tribal management of trust resource programs such as forestry, grazing and mineral rights are not
necessarily directly related to factors such as population and land base. Decisions over decades
created this untenable situation for Tribes and Indian people. It is for this reason I see no value in
laying blame at any level of government or to any Tribe. As we now look to engage in methods af
developing proposed revisions to the TPA distribution, we must be sensitive to and take into
consideration for these factors and unique political conditions and agreements that currently exist.

As the Committee is aware, Congress in the 1998 appropriations hill (HR 2107) directed the BIA to
set up a TPA Task Force to review and determine a new method for the allocation of FY-98 TPA
funding. The Task Force met within the time frame identified and developed an alternative method
to the historical method of TPA distribution. During it's deliberations, the Task Force considered the
recommendations included in the 1994 Joint Tribal/BIA/DO| Task Force Report, as well as comments
from the Task Force members. The Task Force acknowledged the current economic and TPA base
disparities that exist amongst Tribes and within Areas. Thay also recognized that, in the short-term,
the FY-98 general increase could not significantly address these disparities. After full discussion the
Task Force recommended an equal division of the increase of TPA funding to each Ares.

‘The 1/12 distribution method, though simplistic, goes toward addressing the funding inequities among
‘the verious Areas. Under this distribution method seven (7) of the twelve (12) Areas received more
funding than they otherwise would have received by using the historical pro-rata based distribution

‘TPA Testimony STM 226198 Poge 3


i a A F T United South and Eastern Tribes, Inc.

Position Paper
March 15, 2001

DEVELOPMENT OF A DISTRIBUTION METHODOLOGY FOR THE CONTRACT HEALTH SERVICES
(CHS) ALLOCATION TO BE UTILIZED BY THE INDIAN HEALTH SERVICE (IHS) TO DISTRIBUTE THE
FISCAL YEAR 2001 INCREASE IN CHS FUNDING

ISSUE

‘The twenty-four tribes comprising the membership of United South and Eestern Tribes, In. (USET) agree that CHS
funding for American indians/Alaskan Natives (AUAN) is vitally important for the provision of adequate healthcare
services tothe AVAN population. Furthermore, the USET membership agrees that available CHS funding has been
far less than what is actually needed, and therefore, a fait method of allocating such limited resources among
AUAN tribes is necessary.

‘The USET member tibes believe that the Fiscal Year 2001 allocation formula es proposed by the IHS Contract
Health Services Workgroup is justifiably fair for all AIJAN tribes. Therefore, the USET tribes support the utilization
‘of said formula in the allocation of the FY 2001 CHS funding increase. Furthermore, the USET tribes believe that
‘these funds must be distributed immediately in order to avoid delays in the provision of much needed healthcare
services to the AUAN population,

BACKGROUND
$40M was appropriated to the IHS in FY 2001 as an increase to the CHS line item. Dr. Michael Trujillo, Director-

IHS, convened a special CHS Workgroup to develop a methodology by which to distribute these funds to AIAN
tribes. The CHS Workgroup reviewed past distribution methods, and analyzed numerous options regarding a fair
distribution among the 561 federally recognized AVIAN tribes.

‘The previous CHS distribution formula was reviewed by the CHS Workgroup, and was determined to be inadequate
for a variety of reasons. The USET tribes concur with this determination. As @ result, the CHS Workgroup
developed a “new” three-part distribution model for the allocation of CHS funding increases to Al/AN tribes.

‘© Congressional Earmarks: Congressional language in the appropriation of the CHS increase specified
that the IHS Catastrophic Health Emergency Fund (CHEF) would be increased by $3M, to a total of $15M.
Congress directed that the CHEF increase be accommodated from the total CHS increase of $40M
therefore, $3M was reserved for this purpose. Language in the appropriations bill aiso included a clause
‘regarding funding for a settlement in Alaska for the provision of healthcare services for specific Alaska
Native villages therefore, $140,000 was set-aside for this purpose. Additionally, funding was set-aside
from the total appropriation and reserved for eligible tribes not currently funded by IHS. This category
includes newly recognized tribes, restored tribes, and tribes that have always maintained federal
recognition status, but had not previously received federal funding. An estimate of $1M was set-aside for
‘this purpose, with an additional $1M to be distributed non-recurring to annualize funding for a given tribe in
the first year. The total amount reserved from the $40M appropriated is $4,14M. The remaining


60

In a “Special Report on Violent Victimization and Race, 1993-98", the DO} Office of
Justice Program reported that:

» Between 1993 and 1998, the rate of victimization among Americans Indians over
the age of 12 was 119 per 1,000. This was more than twice that experienced by
African-Americans (57 per 1,000), two-and-a-half times that experienced by Whites
(45 per 1,000), and four-and-a-half times that experienced by Asian-Americans (26
per 1,000),

* American Indian women, in particular, were the victims of intimate partner
violence at higher rates than their counterparts. Between 1993 and 1998, 23 per
1,000 American Indian women were victimized compared to 11 per 1,000 African-
American, 8 per 1,000 White, and 2 per 1,000 Asian-American.

» Whether male or female, urban or rural, married or unmarried, young or old, high
income or low, American Indians were victimized at disproportionately higher
rates than any other racial group. Overall, American Indians were 1.3 percent of all
victims of violent crime, but are just 0.5 percent of the total population.

The latest statistics are the second set of numbers the Justice Department has compiled
about violence in Indian Country. This study shows violent crime against Indians has
stayed the same while violent crime against ail other U.S. races has fallen and that
American Indians experienced the highest rates of overall and serious violent crimes
regardless of the locality of residence considered. These statistics confirm that rapes,
assaults, and serious violent crimes continue to plague American Indians just as crime
among other races has decreased. This leaves Indians twice as likely to be victims no
matter where they reside.

With the current and ongoing public safety crisis in Indian Country, additional support for
the improvement of law enforcement on tribal lands is urgent. The level of law
enforcement services that many Americans take for granted rarely exists on or near Indian
lands. There are only 2,380 BIA and tribal uniformed officers available to serve an
estimated 1.4 million Indians covering over 56 million acres of tribal lands in the lower 48
states. On tribal lands, 1.3 officers must serve every 1,000 citizens, compared to 2.9
officers per 1,000 citizens in non-Indian communities under 10,000. A total of at least
4,290 sworn officers are needed in Indian Country to provide a minimum level of
coverage enjoyed by most America.

The member tribes of NCAI are encouraged by Secretary Norton’s recent testimony
regarding her commitment to provide adequate law enforcement resources to Indian
‘Country and seek the support of this Committee in continued funding for the joint OO}-
BIA Law Enforcement Initiative.

Page 15


56

reservation and other tribal communities to become self-sufficient. Any legislation that is
considered should:

. Provide funding directly to tribes based on a government-to-government
relationship.

» Be adequately funded to meet tribal needs, including funding for capacity building
and special needs.

> Have the flexibility to serve the needs of a wide variety of persons on welfare,
transitioning off welfare or at risk of becoming dependent on cash assistance.
Policies should authorize tribes to provide any types of services and activities that
they consider effective in furthering self-sufficiency.

+ Include education, job creation, and economic development components.

» Provide a structure to encourage diplomatic relations and constructive cooperation
between tribes and states.

> Clarify that reduction of poverty is a goal of welfare reform.

Indian tribal governments and Indian families are very committed to the principle of
self-sufficiency at both the community and the family levels. We call upon the
Congress and the Administration to make the substantial investment necessary to
empower tribal governments to build the economic and social infrastructure to move
tribal families to self-sufficiency in the short-term, and to make reservations thriving
economic communities in the long-term.

IX. STATE TAXATION

Taxation within Indian Country over the past several years has become a hot bed of
debate, where lobbying groups for the retail cigarette and motor fuel trade are claiming
that Indian retailers located on Indian lands are not remitting “lawfully imposed” state
sales taxes on gasoline and tobacco products sold to non-Indians.

These groups have been able to persuade certain members of Congress to introduce
legislation that would eliminate the alleged advantage. The most extreme piece of
legislation was introduced in the first session of the 106" Congress, which threatened to
take Indian land out of federal trust status if the Indian retailer did not pay the “lawfully

Page 11


18

By doing this, you and I both would be fulfilling the treaty obli-
gations which were signed by our ancestors many years ago.

Contract Support. The 638 process is very important for tribes to
continue to develop and to manage their programs. Through the
appropriations process, Congress needs to ensure that contract sup-
port costs are funded at the 100 percent level for any 638 contracts
and Federal agency grants.

In the area of economic development, and I know that President
Masten is really strong in this area and I would just like to talk
briefly for the Great Plains area, if I may. The tribal leaders in the
Great Plains area would like to thank Senator Tom Daschle and
Senator Tim Johnson for introducing legislation that would provide
economic development and regional job creation opportunities for
the Sioux Nation.

The Sioux Nation Economic Development Council would coordi-
nate economic development projects and centralize the expertise
and technical support to help tribes obtain assistance, as well as
to raise funds from the private sector in the match with the Fed-
eral contributions. I think that is very important.

Economic development is slow in coming in the Great Plains area
for many reasons. Despite the modest success in Indian gaming in
our area, we have the long winters that last 6 months with low
population in our States, less than 900,000 people total population
in the whole State of South Dakota.

The capital debt repayments for casinos. Yes, we can go into
gaming, but the cost of going into gaming is tremendous. The aver-
age payback is 15 years. The location of our casinos, again, is in
isolated areas and the returns are very minimal at this point.

Also, in South Dakota, the State continues to limit the economic
growth to tribes by freezing the number of gaming devices each
tribe may have to a total of 250 devices. These types of gaming de-
Vices generate approximately 85 percent of the gross dollars for the
tribes.

Another area of need is the development of energy. There are
tribes in the Great Plains Region that have energy resources that
are requesting dollars for technical assistance.

For example, my tribe, the Flandreau Santee Sioux Tribe, is
looking into wind energy. We are very excited about that.

Welfare reform also requires economic development. We are also
subject to the requirements of welfare reform. To put people to
work we need jobs on or near the reservations. Without jobs, the
goals of welfare reform as applied to our tribes and other members
will be impossible to meet.

Our unemployment rates in the Great Plains area, according to
the BIA labor statistics are often over 50 percent of our adult,
working-age population, with many tribes facing more than 80 in
unemployment. Bennett County in South Dakota is part of the Og-
lala Nation and is consistently one of the poorest counties in the
United States, as is Ziebach County within the Cheyenne River
Sioux Reservation. There are several other counties within the
State of South Dakota.

Population is growing fast. At the same time our population is
among the fastest growing segments in the U.S. population when


al

hearing, we have narrowed our focus to fourteen issues, a relatively large number, but
even then we will omit many important ones. We chose these issues because they are the
most fundamental for the purposes of protecting tribal self-determination and serving the
health and welfare of Indian people, and because they are the issues that our member
tribes most frequently bring to our attention.

I, TRIBAL SOVEREIGNTY AND THE EDUCATION OF AMERICA

It is well established in the U.S. Constitution and federal treaties, statutes and court
opinions that Indian tribes are sovereign governments with the right to make their own
laws for the protection and benefit of their tribal members. The treaties created a
fundamental contract between Indian Nations and the United States. Indian Nations
ceded millions of acres of land that made the United States what it is today, and in return
received the guarantee of self-government on their own lands.

Tribal sovereignty today serves the same purpose that it has since the beginning: it
empowers Indian Nations to remain culturally viable as distinct groups of people. Tribal
governments provide a broad range of governmental services on tribal lands, including
education, law enforcement, justice systems, and environmental protection and provide
basic infrastructure such as roads, bridges, and public buildings. Self-government is
essential if tribal communities are to continue to protect their unique cultures and
identities.

Unfortunately, too few people today are even aware that indian Nations have the power
of self-government. This is a matter that is rarely taught in schools, and most Americans
never have an interaction with a tribal government because they are largely located in the
rural areas of the United States, There is a great misunderstanding in the general public,
that is sometimes found in Congress, that Indian tribes existed in the past but have little
relevance in the present and that today’s Indian tribes are little more than an ethnic or
social grouping. It is with this fundamental misunderstanding that the general public and
Congress may consent to legislative efforts to remove the sovereign rights of tribes. As
Felix Cohen observed “confusion and ignorance in fields of law are allies of despotism.”

The status of Indian Nations as a form of government is at the heart of nearly every issue
that touches Indian Country. It is only when the general public and Congress understand
that an indian tribe functions as a government and provides basic governmental services,
that the principles of tribal governance will be recognized and respected. As the history of
federal policy toward Indian Nations illustrates, federal protection of indian tribes is never
secure. In the 1990's there was an increase in the amount of hostile legislation toward the
exercise of tribal self-government. A variety of legislation surfaced in the U.S. Congress
that would cripple the tribes ability to provide basic government functions and services,
exercise legal jurisdiction, enforce treaty rights, recover land or raise revenues for
government functions.

Page 2


51

concerns land. Tribes simply can not advance their cultural, governmental and economic
goals in the absence of a sufficient land base. In short, the ability to acquire some
additional trust lands is vital to the future of the Self-Determination policy.

The IRA reflected a fundamental shift in federal Indian policy ~ away from the devastating
policy of allotment, in favor of a new policy of promoting the governmental, cultural and
economic advancement of tribes. Today, however, there is opposition to tribal
governments reacquiring land in trust, largely from surrounding local and state
governments. In response to that opposition, the Secretary of Interior, under the Clinton
Administration, pushed forward a set of regulations on land to trust that were published in
final form on January 16, 2001. The new Secretary, under the Bush Administration, is
reviewing these new rules to determine whether she will allow them to become effective.
The effective date is set at April 16, 2001.

NCA is urging the Secretary to go forward with the new regulations regarding the
acquisition of lands in trust. Those regulations were the result of a comprehensive process
undertaken by the Department — going back to 1997. There were hundreds of comments
on the proposed regulations — by all concerned including NCAI and tribes, as well as,
many state and local governments. NCAI and the tribes worked long and hard to make our
views known by the Department during the process leading up to these new trust land
regulations. The Department by no means accepted all our views in the final regulations,
and we have significant concerns about the manner in which the final regulations address
various issues — including the omission of the Alaska tribes entirely, and the treatment of
contiguous lands. At the same time, NCAI feels strongly that the work that went into these
regulations should not now be abandoned.

NCAI believes that on balance the new regulations provide a considered and reasonable
framework for addressing the land acquisition issue. The new regulations provide
opportunities for all concerned parties to be heard. They incorporate a time deadline for
agency action - which is important to tribes that have had their trust land acquisition
applications unduly delayed, sometimes for years on end. And the new regulations
pravide more detailed, concrete standards, which provide an important measure of
fairness to all parties by clarifying at the outset the manner in which a trust land
application will be evaluated.

NCAI wants to stress that the trust lands issue is vitally important to tribes nationwide, and
that the federal government has a responsibility to ensure that tribal land acquisition can
take place. We appreciate your consideration of NCAI’s position, and we look forward to
working with you in addressing this matter.

V. ECONOMIC DEVELOPMENT

As this Committee is well aware, eating and sustaining economic development in Indian

Page 6


Background:

United South and Eastem Tribes, inc. (USET) is a non-profit, intertribal organization composed of twenty-
four federally recognized Indian Tribes, representing Indian communities from Maine, south to Florida, and
west to eastern Texas. USET provides a forum for exchange of information and ideas among its member
Tribes, various governmental agencies, and other American Indian organizations. USET is dedicated to
assisting its member Tribes in dealing effectively with public policy issues and serving the board needs of
Indian people.

The USET Tribes have been working together for several years to improve Social Service resources for
American Indians. The USET Tribes recognize that although steps have been taken in the past to provide for
‘American Indian cultural and to protect Social Services programs, enough is not being done. The social
services programs for the American Indian people are constantly in danger as states and the federal
government challenge the funding needs of the Tribes.

The USET Board of Directors, at the Annual Board of Directors Meeting held in Verona, NY on October 28,

1999, passed Resolution No. 2000:26. This resolution entitled “ Support $.1478- Direct Funding for the
Tribes from the Title IV-E Foster Care and Adoption Assistance Program,” is incorporated as Attachment A
for reference purposes.

The USET member Tribes, through its Social Services Committee, have maintained an ongoing commitment
to provide quality foster care and adoption services for their children. However, the current capacity of
USET member Tribes to do so is severely hampered by their inability to directly access the funding to which
states are now entitled.

S. 1478 was introduced an August 3, 1999. This legislation would have corrected a twenty year inequity in
the Foster Care and Adoption Assistance Act through the direct funding of foster care and adoption services
provided by the Tribes to income-eligible Tribal children in out-of-home placements. While passage failed
in 2000, efforts will be made to re-introduce this bill in the next Congressional session.

Recommendations:

Each of the key issues, previously stated, include herein a plan to implement both short-term and long-term
recommendations. The following actions should be considered to assist in the advancement of these issues
within the new Administration and Congress.

‘The USET Board of Directors recommends the introduction of legislation that will amend Title IV-E of the
Social Security Actin the following manner:

© Provides for the reimbursement for Title IV-E services to Tribal placement of Indian children
inthe Tribal foster and adoptive homes meeting Title IV-E eligibility requirements.

‘© Authorizes Tribal governments to receive direct funding for the administration of the Title
WE program.


13

Ms. MaSTEN. I think that is important. I think that as we meet
in the smaller group, we could ask for a followup meeting with all
of the tribal governmental officials. I think that would be quite ap-
propriate as he meets with all of the Governors or all of the mayors
in their different capacities.

I think it is most appropriate that in a briefing session that it
be a smaller group where we can articulate the fundamental prin-
ciples and to get some commitments from the President to support
those principles and then follow up with a larger session that
would allow for opportunity of all tribal governments to participate
would be appropriate.

Senator INOUYE. I wish to apologize at this point. We have been
just c: ing on a conversation between the two of us and I notice
that we have some very distinguished members of Indian country.

If President Ranfranz or Lieutenant Governor Keel have any-
thing to contribute, feel free to speak up.

Mr. RANFRANZ. Thank you, Mr. Vice Chairman. If I may, I would
like to focus my testimony this afternoon on the Great Plains area.
If I may just read my testimony briefly, if I take too long, I could
shorten it, if you prefer. But I would like to start in, if I could.

Senator INouyE. I can assure you that if you put it in the record
I will read every word of it.

STATEMENT OF THOMAS RANFRANZ, PRESIDENT, FLANDREAU
SANTEE SIOUX TRIBE, FLANDREAU, SD

Mr. RANFRANZ. Thank you. Mr. Vice Chairman, my name is Tom
Ranfranz, President of the Flandreau Santee Sioux Tribe in
Flandreau, SD. On behalf of the Great Plains people, I appreciate
the opportunity to present our concerns today.

The Great Plains region is comprised of 16 tribes and with a land
base of 7 million acres and approximately 200,000 population.

In a united front, we are presenting our needs to be heard and
demand that the United States Government uphold its unique legal
relationship and trust responsibility as stated in the U.S. Constitu-
tion and numerous treaties.

We, the treaty tribes within the Great Plains Region, exercise
our rights by holding the Federal Government to its treaty and
trust responsibilities, and demand any program increases be dis-
tributed in such a manner as to upgrade the quality of life for our
Indian people. Historical underfunding has been the main factor
contributing to the current economically depressed environment of
our people.

The Great Plains tribes’ reservations are situated in extremely
isolated locations, on lands that the territorial governments and
settlers least desired.

According to the Census Bureau, the Great Plains area has three
of the poorest counties within the United States. Shannon County,
with an average annual wage of $11,630. That is annual. Ziebach
County, average annual wage of $12,062, and Todd County with an
average wage of $11,197. These counties all are located within the
reservation boundaries in the State of South Dakota.

Further, 9 of the poorest 38 counties within the United States
are located in South Dakota and North Dakota.


55

adopted new and innovative approaches to restructuring and integrating their services, in
part using the opportunities under Pub. L. 102-477, to better serve their needy families.
Pub. L. 102-477, the Indian Employment, Training and Related Services Demonstration
Act of 1992 allows tribes to integrate the employment, training and related services they
provide in order to improve effectiveness of services, reduce joblessness and serve tribally-
determined goals. In effect, tribes can use Pub. L. 102-477 to co-locate services and
streamline eligibility processes, providing recipients with one-stop shopping.

Tribes administer a variety of programs under PRWORA. To date, 30 Tribal TANF plans,
serving 158 tribes, have been approved. Two-hundred and fifty-seven Tribal Child Care
grantees, serving over 500 tribes, have received $71 million, approximately 2 percent of
the federal Child Care Development Fund. Four tribes run Child Support Enforcement
programs. Seventy-eight tribal grantees administer the Native Employment Works
program, and 86 tribes administered $5 million in Welfare-to-Work grants.

Tribal governments have shown great enthusiasm for operating new programs and for re-
designing service delivery systems. While struggling with limited resources and the lack
of employment opportunities on reservations, tribes have made great strides in offering
coordinated, holistic support services to their tribal members. Tribal governments have
made assistance programs and support services far more accessible to their communities
than ever before. Tribes have also begun to take advantage of the opportunity to become
directly involved in the administration of child support enforcement programs.

| governments maintain that welfare reform is not only a policy but a process as well.
Tribes must have the same opportunity as states—to design programs, to modernize and
customize services that are flexible and responsive to individual client needs.

American Indian and Alaska Native tribal governments are committed to:

Strengthening tribal families,
Protecting the interests of tribal children,

Promoting family self-sufficiency,

Substantially reducing dependence on public assistance, and

Developing economically prosperous and culturally thriving tribal communities.

For generations, poverty has been prevalent in many Indian communities, in part a result
of past federal policy. Any formula to reduce public assistance and develop economically
viable tribal communities must include a substantial, strategic investment in Indian and
Alaska Native communities. A dual investment strategy dictates both an investment in
ritical supports for individual Indian families and for tribal communities.

In the reauthorization of programs covered by PRWORA, tribal governments have
advanced the following guiding principles that are essential in helping tribal families in

Page 10


2

STATEMENT OF SUSAN MASTEN, PRESIDENT, NATIONAL CON-
GRESS OF AMERICAN INDIANS, WASHINGTON, DC, ACCOM-
PANIED BY THOMAS R. RANFRANZ, PRESIDENT, FLANDREAU
SANTEE SIOUX TRIBE, FLANDREAU, SD AND VICE PRESI-
DENT OF THE NATIONAL CONGRESS OF AMERICAN INDIANS
[ABERDEEN AREA]; LIEUTENANT GOVERNOR JEFFERSON
KEEL, CHICKASAW NATION, ADA, OK; AND JOANN K. CHASE,
EXECUTIVE DIRECTOR, NATIONAL CONGRESS OF AMERICAN
INDIANS, WASHINGTON, DC

Ms. MastTEN. [Greetings in native tongue]. My warmest greetings
to the Senator and vice chairman of the committee. We are very
appreciative of you for calling this session. We are very clear that
in our meetings with you in the last several months you have made
it clear that you would be holding several hearings. We are appre-
ciative to you for beginning the hearing process with the National
Congress of American Indians, being that we are the oldest and
largest organization and that we do have 250 tribal government
members.

I do want to acknowledge those who are accompanying me today.
Chairman Tom Ranfranz and Lieutenant Governor Jefferson Keel
and NCAI’s executive director, JoAnn Chase.

Since you in your leadership role as the past chairman of this
committee and current vice chairman, we have counted on you as
a true champion for Indian country and we know that you, on a
regular basis, along with your colleagues on this committee, do ev-
erything in your power to continue to educate your colleagues
about the fundamental principles about tribal sovereignty, self-de-
termination and self-sufficiency.

So, I won’t take your time today to reiterate that, but will let my
written testimony do that for me.

What I would like to do is focus the attention on those 14 critical
issues that we have identified as important issues to Indian coun-
try. It was a difficult task, as you know, because you most all of
anyone, understand that our issues are great and that there are
many issues that Indian country faces and all of them are impor-
tant to each of us.

So, it was a difficult task to narrow down to the 14 issues that
I will be addressing this afternoon.

Starting out with fiscal year 2002 appropriations, this morning
I provided testimony to House HUD, VA, Appropriations Sub-
committee seeking sufficient Federal funds for programs that assist
our Indian veterans and which provide resources for housing and
economic development on Indian Vands.

Achieving greater levels of annual appropriations for programs
that assist our people and Indian tribes remains to be one of the
top priorities for NCAI. This goal is especially important because
the population growth rate of our people continues to increase, as
the latest census count has shown, putting great strains on an al-
ready inadequate tribal infrastructure.

While fiscal year 2001 funding levels for Indian programs cer-
tainly made great strides toward meeting the basic programmatic
needs of tribes, our work is not yet done. As you know, Senator,
funding levels still did not begin to address this government's trust
obligations to our people.


12

requirements. The Act applies to state governments and children placed by state
agencies, leaving out tribal governments and children under tribal jurisdiction who are
placed in foster and adoptive homes by tribal agencies.

We thank Senator Daschle and the cosponsors of the legislation, including
Senators Inouye, McCain, and Johnson of this Committee, for working to bring equity
for Indian children under the Foster Care and Adoption Assistance Act. It is ironic, and
sad, that we have a federal entitlement program regarding foster care and adoption
services, but leave out of its benefits Indian children who are placed in out-of-home
placements at a rate higher than any other group. And Indian children, according to the
most recent Department of Justice figures, suffer the highest rate of abuse and neglect
of any group in the nation ~ a tragic situation, which often leads to the necessity of
removing a child from his or her home."

Some tribes and states have been able to work out agreements to provide tribes
at least some of the resources that states receive under the IV-E program. Often these
agreements do not provide tribes with administrative, training, case management and
data collection funds that states receive under the Act. The agreements usually focus
on the provision of monthly payments to the foster home. Among the USET tribes only
St. Regis Mohawk has a tribal/state agreement for the IV-E program.

Bush Administration Child Welfare Proposal. The Bush Administration outline for
child welfare does not contain many details, but we are nevertheless concerned that it
makes no mention of Indian children. We are also concerned with its implication that
"permanence" is narrow concept that may leave out kinship care, guardian
arrangements, and other tribally approved living arrangements for children who are
removed from the homes of their biological parents.

It is possible that the President's recommendation of a $1 billion increase over 5
years for child welfare will be considered as part of the reauthorization of the Promoting
Safe and Stable Families Act (found in Title V-B, Subpart 2 of the Social Security Act).
Tribes currently receive a 1% statutory allocation under this Act. We will closely
examine this proposal as it becomes more fully developed. The Promoting Safe and
Stable Families Act will be reauthorized this year, and we believe that it should be
amended to provide additional resources to tribes. Currently 66 tribes share an
allocation of only $3 million under that Act.

* U.S. Bureau of Justice statistics for 1995 reported a per capita rate of one substantiated report of a child victim of

‘abuse or neglect for every 30 American Indian children aged 14 or younger. This compares to one report for every
58 children of any race, approximately half the rate for Native children. it was the highest rate of abuse or neglect,
feported for any ethnic group.

Jn addition, American Indians and Asians were the only raciaVethnic groups to experience increases in the rate of
abuse or neglect of children under age 15 from 1992 to 1995 (Dept. of Justice, 1999). Data from the National Child
‘Abuse and Neglect Data System (NCANDS) show that, for child maltreatment victimization rales by race and
ethnicity in 1998 (40 states reporting), the rate for Native children was 19.8 cases per 1000 children. This compares
to a rate of 3.8 for Asians/Pacifc ‘slanders, 8.5 for Whites, and 10.6 for Hispanics (U.S. Oept. of Health and Human
Services, Children's Bureau, 2000).

107th Priorities Testimony-KG. 4/5/01 Page 5


27

ports S. 550, the Indian and Alaska Native Foster Care and Adop-
tion Services Amendments, legislation which would end the wholly
inequitable treatment afforded Indian children under the Foster
Care and Adoption Assistance Act, found in title IV-E of the Social
Security Act. That act was enacted in 1980 and it provides funding,
on an open-ended entitlement basis, to State governments to ad-
minister foster care and adoption programs for children who meet
income eligibility requirements.

The act applies to State governments and children placed by
State agencies, leaving out tribal governments and children under
tribal jurisdiction who are placed in foster and adoptive homes by
tribal agencies.

We thank Senator Daschle and the cosponsors of the legislation,
including Senators Inouye, McCain, and Johnson of this committee,
for working to bring equity for Indian children under the Foster
Care and Adoption Assistance Act. It is ironic, and sad, that we
have a Federal entitlement pro; regarding foster care and
adoption services, but leave out benefits Indian children who are
placed in out-of-home placements at a rate higher than any other
group. Indian children, according to the most recent Department of

ustice figures, suffer the highest rate of abuse and neglect of any
group in the Nation—a ic situation, which often leads to the
necessity of removing a child from his or her home.

Some tribes and States have been able to work out agreements
to provide tribes at least some of the resources that States receive
under the IV-E program. Often these agreements do not provide
tribes with administrative, training, case management and data
collection funds that States receive under the act. The agreements
usually focus on the provision of monthly payments to the foster
home. Among the USET tribes only St. Regis Mohawk has a tribal/
State agreement for the IV-E program.

The Bush administration child welfare proposal outlined by the
Bush administration for child welfare does not contain many de-
tails, but we are nevertheless concerned that it makes no mention
of Indian children. We are also concerned with its implication that
“permanence” is narrow concept that may leave out kinship care,
guardian arrangements, and other tribally approved living arrange-
ments for children who are removed from the homes of their bio-
logical parents.

[tt is possible that the President’s recommendation of a $1-billion
increase over 5 years for child welfare will be considered as part
of the reauthorization of the Promoting Safe and Stable Families
Act, found in Title IV-B, Subpart 2 of the Social Security Act.
Tribes currently receive a 1-percent statutory allocation under this

act.

We will closely examine this proposal as it becomes more fully
developed. The Promoti Safe and Stable Families Act will be re-
authorized this year, and we believe that it should be amended to
provide additional resources to tribes. Currently 66 tribes share an
allocation of only $3 million under that act.

The economic diversity of our member tribes reflects the wide dif-
ferences in economic circumstances that exist among the tribes na-
tionwide. We have a member tribe whose only source of funding is
the minimum level of BIA TPA funding of $160,000. With these


70

families due to the population growth on reservations. However, TPA funds,
which are utilized to provide on-going, essential services at the local tribal
level, have not been increased at levels that would meet the growing needs of
each tribe. According to the 1999 Tribal Report on TPA, the unmet need in
TPA-funded programs was estimated at $688 million.

‘* Means Testing. In recent years, Congress has expressed concern about
perceived "inequities" in funding and considered imposing a "means test" to
allocate federal funds to tribes. We certainly commend members of this
Committee for successfully fighting these ill-conceived proposals that would
stand in stark violation of the federal trust responsibility. We remain strongly
opposed to any type of means test to determine whether or how much federal
assistance a tribe may receive until Congress first ensures that the unmet
needs of all tribes have been met. Although some of our member tribes have
recently begun to achieve economic success through their various businesses,
there are decades-if not centuries—of poverty from which the tribes must
rebuild. The toll on human health, education, and welfare has been
tremendous and the tribes are still building the infrastructure and systems
necessary to cultivate economic development

We instead encourage this Committee to continue efforts to develop long-term
solutions identified by the 1999 Tribal Report on TPA, which includes the
“Tiered Methodology" for funding distribution that USET first proposed in 1998.
This method provides that future TPA funding increases would be distributed
to all tribes but at an accelerated rate to the lower-funded tribes in order to
address the disparities among tribes. We attach our testimony on this topic as
an additional resource.

Contract Support and Administrative Cost Grants. Both contract support costs
(CSC) funds and Administrative Cost Grants (AC Grants) are intended to fund
the additional costs incurred by tribes when they contract to operate federal
programs. These are costs not necessarily borne by the federal contracting
agency, e.g., GSA lease support, agency legal counsel or Department of
Justice legal support, retirement costs, telecommunications costs, etc. AC
Grants are the mechanism by which tribes that operate BIA-funded schools
receive funding for administrative and indirect costs. Although it is irrefutable
that these funds are a critical element in fulfiling the federal policy of
encouraging tribal governments to design and administer services locally for
their members, CSC and AC Grants have been seriously underfunded for a
number of years.

The FY 2001 estimated shortfall for CSC funds was $16.9 million for BIA
programs, and $13 million for AC Grants. Whenever the appropriations fall
below the needed amount, all contractors and schools suffer a pro-rata
reduction in CSC and/or AC Grant funding, and, thus, must offset these
shortfalls with reduced services, reductions in force, delayed updating of
financial systems, etc.

407th Priotties Testimony-KG 415/01 Page3


63

Therefore, NCAI called upon the Commerce Department and the Census Bureau to
release the A.C.E. adjusted data as soon as possible, to allow for the fullest public scrutiny
and evaluation of Census 2000, and to help policymakers in Congress and federal
agencies make informed decisions about program development and the allocation of fiscal
resources to those most in need. We seek support of this Committee in bringing about
that disclosure in a timely way.

XV. NATIVE HAWAHANS

Mr. Vice Chairman, as you know, NCAI was organized in 1944 to fight against
termination of tribal sovereignty and the assimilation policies promulgated by the federal
government and that we are dedicated to protecting the rights of tribal governments, as
well as to working with all Native people to achieve self-determination and self-
sufficiency. It is in this spirit that we strongly support S. 81 and any measure that would
provide the recognition of Native Hawaiian sovereignty by the federal government and the
creation of a process that will lead to self-determination for Native Hawaiian people.

Itis important to formally recognize the sovereignty of the Native Hawaiian people
because of the historical wrongdoings and deprivations that the Native people faced at the
hands of the United States when their government was taken from them. But self-
determination is needed not only to ensure a measure of justice, but more importantly to
protect the unique indigenous Hawaiian culture which is constantly threatened by the
incursions of a predominant non-native culture. Self-determination is also necessary for
the protection and governance of lands, which are necessary for any culture to continue to
survive, to allow native people to live together as a community, continue traditional land-
based cultural practices, and provide the economic means to live productive and healthy
lives.

XVi. CONCLUSION

Vice Chairman Inouye, as we continue to urge the Congress to fulfill its fiduciary duty to
‘American Indians and Alaska Native people, | would like to thank you for this remarkable
‘opportunity to present testimony on the goals and priori i
The support of this Committee in the past has been crucial in our constant fight for self-
determination. Again in this Congress, we look to you and the Committee for it’s
unwavering support in not only the areas that have been identified, but in those areas that
affect American Indians and Alaska Native people. As you are well aware, tribes
throughout the nation relinquished their lands, as well as their rights to liberty and
property, and NCAI asks that the Congress through your assistance maintain the federal
trust responsibility to indian Country and continue to assist tribes on the road toward self-
sufficiency. Thank you.

Page 18


20

portant in providing emergency health care, law enforcement and
fire services to our people.

In conclusion, we ask that Congress maintain the Federal trust
responsibility to Indian country and continue to assist the tribes on
the road toward self-sufficiency.

I thank you for your time.

[Prepared statement of Mr. Ranfranz appears in appendix.)

Senator INOUYE. I thank you very much, Mr. President.

Lieutenant Governor Keel, do you have anything you would like
to add?

STATEMENT OF LIEUTENANT GOVERNOR JEFFERSON KEEL,
CHICKASAW NATION, ADA, OK

Mr. KEEL. Senator Inouye, thank you very much for the oppor-
tunity to address this subcommittee.

As a member nation of the National Congress of American Indi-
ans, the Chickasaw Nation does support vigorously the actions that
have been taken on behalf of those member nations. I don’t have
any written testimony, but in the testimony that has been pre-
sented by the NCAI I know it is written in there that the areas
of 1: age and historic and cultural preservation are very impor-
tant. We urge this committee to continue and we appreciate your
help in leading in these efforts.

I know that your personal involvement in this has been very im-
portant to Indian country and to the Alaskan Natives and native
Hawaiians. I want to thank you for that.

We urge this committee to continue to press forward in helpii
the tribes to continue to preserve our language and our culture an
our heritage. It is what sets us apart from all other people. That
is very important.

I wanted to encourage you and thank you again for allowing this
testimony.

Senator INOUYE. I thank you very much. I can assure that I con-
cur with you 1,000 percent.

Madam President, as I indicated to you, we have hundreds of
questions that we could ask at this moment, but I would like to
just touch upon one issue before we close.

As noted with the problems in California, energy will become an
issue of national dimensions. Some experts have suggested that we
are on the brink of disaster, that what is happening in California
may appen in many, many other States. OPEC is not being too
friendly.

As we all know, a significant portion of the land from which en-
ergy resources are derived are located on Indian lands. Accordingly,
it would seem logical that we have an Indian energy policy.

I hope that NCAI would get together with its membership to ar-
ticulate a special policy on energy that would affect Indian country.
This policy should not only involve production, but also protection.

For example, a few days ago I was in the Pacific Northwest
meeting with tribal leaders from that area. They were quite con-
cerned that this energy problem may place the salmon in jeopardy.

For example, the dams that have n built on some of the rivers
that are located in the Pacific Northwest have had a devastatin;
effect on the salmon fisheries. So, if there is going to be Indian pol-


37

Have you or any of your members experienced any problems with
implementation of the Native American Graves Protection and Re-
patriation Act?

Mr. GrorGE. Yes; we have. My tribe in particular has. This has
been a very serious issue for us. We are very interested and have
a resolution from USET Teques ing the NAGPRA be taken from the
National Park Service and moved to another agency within Inte-
rior, whether BIA, Office of Policy and Budget or something else.

We feel it is a conflict of interest because the National Park
Service does have artifacts or areas within their jurisdiction of the
National Park Service such as in the Everglades with the
Miccosukee Tribe in Florida. They are right in the heart of the Ev-
erglades and there are possible religious sites, very spiritual relat-
ed sites that only tribes can identify which is sacred to them.

We are experiencing a lot of problems with the NAGPRA. The
very contentious section 106—the National Historic Preservation
Act—it seems to us these tie together. Yes, to be blunt about it, we
are experiencing a lot of problems with the NAGPRA process, par-
ticularly in the Federally funded museums and inventories, and the
outright refusal to bring back or give back to Indian tribes these
skeletal remains that are still on the shelves even at the Smithso-
nian Institute. We would like to get those back.

Senator INOUYE. That is a matter of concern to some of us on the
committee. I can assure you we will act upon this.

We have been advised that the Interior Department may be con-
sidering a moratorium on the taking of lands into trust. Do you
support this moratorium?

- GEORGE. No, sir; we don’t. One prime reason is there is a
misconception out there actually brought on by primarily gaming
opponents. There is actually more land going out of trust than
going into trust from the data we have been able to access. We

ave been opposed to the regulations or parts of the regulations
and taking land into trust but placing a moratorium on it, in our
minds, is not going to bring this to a conclusion. We do not support
a moratorium.

Senator INouyE. At the present time, one of the major problems
or issues confronting this country is energy. Hardly a day goes by
without mention of something involving California or some energy
problem elsewhere.

We note that many of the fossil fuel deposits are located in In-
dian country; we note because of some of the vast expanses of land,
alternative sources of energy can be considered. Do you believe In-
dian country should formulate a policy addressing the development
of energy resources on Indian lands?

Mr. GEORGE. Absolutely. I believe this is a part of our ongoing
economic development in Indian country. I know in New York, they
are predicting in a few short years, if we don’t do something about
the energy crunch, we will be in the same shape as California. My
tribe and others are looking at alternative generation of electricity,
primarily harnessing the wind, using solar energy because we don’t
have, particularly in New York, vast natural resources. However,
on the Seneca Reservation, they do have some resources of natural
gas but my tribe does not have significant natural resources. We


57

imposed’ state sales taxes.’ Fortunately, none of these extreme measures have been
passed.

The collection of state sales taxes on tribal lands has an unfair and disproportionate effect
of dual taxation and makes it extremely difficult for tribal governments to raise revenues
by imposing their own taxes. Additionally, a number of state governments are failing to
even reimburse lawfully owed taxes to tribes. All of these factors have grave effects on
economic development in indian Country.

This debate has resurfaced again and we anticipate another piece of tax legislation in this
first session of the 107 Congress. The collection of state and local taxes in Indian Country
is an issue that many tribal and state governments have resolved effectively thought tribal
state tax compacts. NCAI seeks the support of this Committee in opposing any tax
legislation that would force tribes to collect and remit state sale taxes, which ultimately
makes the federal government the states tax collector. Tribes and states should be left
alone to work out their difference as sovereigns.

Not all tax legislation however has been detrimental. Indian Country has been working
very hard to introduce affirmative pieces of tax legislation. In the 106" Congress, the
Federal Unemployment Tax Act was signed into law as Public Law 106-554, and treats
tribal employers like other government employers in regards to unemployment tax. In the
107" Congress, numerous pieces of tax legislation have been introduce to help spur
investments in community, infrastructure, and economic development. Additionally,
there has been legislation to provide for the issuance of tax-exempt bonds by Indian
governments. Second to education, tax legislation will be a top priority for the Bush
administration providing a perfect opportunity to have these positive pieces of legislation
passed. We seek the support of this Committee in passage of these bills important to tribal
governments,

X. TRUST FUNDS

By any measure, the federal government has fundamentally failed to maintain its
responsibilities for management of Indian lands and natural resources and the funds
derived therefrom. Over the last year, NCAI has begun to work more intensively with the
Bureau of indian Affairs on any corrections to trust management that are underway. In
particular, NCA! has worked with the BIA on the development of the first round of “Trust
Management Regulations” on trust funds, leasing, grazing and probate, and also worked
with the Senate Committee on Indian Affairs on the passage of the Indian Land
Consolidation Act Amendments of 2000. While some progress is being made in spots,
overall we are very disappointed with the Department of Interior’s unwillingness to accept

1H.R. 1814 - Introduced by Representative Peter J. Visclosky (D-IN) and Representative Ernest Istook
(ROK).

Page 12


GOALS AND PRIORITIES OF THE MEMBER
TRIBES OF THE UNITED SOUTH
AND EASTERN TRIBES

THURSDAY, APRIL 5, 2001

U.S. SENATE,
COMMITTEE ON INDIAN AFFAIRS,
Washington, DC.
The committee met, pursuant to notice, at 10:17 a.m. in room
485, Senate Russell Building, Hon. Daniel K. Inouye (vice chair-
man of the committee) presiding.
Present: Senator Inouye.

STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM
HAWAIL VICE CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS

Senator INouYE. The Committee on Indian Affairs meets this
morning for the second in a series of hearings on the goals and pri-
orities of Indian country for the 107th session of the Congress. I
want to reiterate that the committee will be soliciting the views
and concerns of all the federally-recognized tribes, Alaska Native
communities and native Hawaiian organizations.

On behalf of the committee, I am pleased to welcome Keller
George, president of the United South and Eastern Tribes and a
member of the Oneida Indian Nation of New York. I will now rec-
ognize Chief Keller George.

STATEMENT OF KELLER GEORGE, PRESIDENT, UNITED
SOUTH AND EASTERN TRIBES, NASHVILLE, TN

Mr. GeorcE. Thank you, Senator Inouye.

On behalf of the Oneida Indian Nation and the 24 tribes of
USET, we appreciate the opportunity to come and bring our agenda
for the 1o7th Congress.

Because our member tribes cover a huge range of circumstances
living in 12 different States in the eastern regions, in the north
and in the south, we vary widely in population, tribal government
infrastructure, economic development, and natural resources. As
such, the issues addressed in this statement do not reflect a prior-
ity order. They are all critical to the well being of USET.

The tie that binds the various legislative priorities of USET is
our commitment to tribal sovereignty and the freedom to exercise
that sovereignty through tribal self-governance. The Senate Com-
mittee on Indian Affairs has been critical to the protection of tribal
sovereignty, whether through legislation that this committee has

(23)


90

‘The USET tribes believe the results derived by the LNF Workgroup in its initial report are sound for
comparing the funding available for healthcare to the AIAN population, as a whole, to that of the U.S. general
population. However, the USET tribes further believe that the methodologies of the LNF Workgroup ere not sound
‘when used to analyze the funding available for healthcare to specific AN/AN sub-groups (i.e.: individual tribes) in

csoacn echt Khe-fury-

Keiter George, USET President


44

assistant’s salaries and fringe; and supplies needed to operate the dental clinic. Den-
tal referrals outside of our clinic are put on hold such as orthodontic and periodontal
referrals.

Because we operate an outpatient clinic with a small lab and no x-ray department
a Food portion of our services are purchased outside with Contract Health Services
dollars. This includes our physician, contract for OB services, lab and x ray, mental
health referrals for evaluation and commitments, purchase of pharmaceuticals. An
other referrals must be a priority 1. Our people cannot be referred outside the facil-
ity until they are in a life threatening health situation. Then the price for services
goes up and recovery is more difficult. The entire Aberdeen Area operates on a Pri-
ority 1 status for Contract Health Services. This makes it difficult to practice any
kind of preventative medicine.

‘These are issues on my reservation for our people. The larger tribes in the Great
Plains/Aberdeen Area are the same but on a much greater scale because of their
‘size, economy, and populations. Our recommendation to all of you in regards to
health care issues in the Great Plains/Aberdeen Area is to continue the consultation
process which began in 2000.

Senators and Congressmen visit the I.H.S and tribal facilities on the reservations
in your States and most importantly, commit and work to bring the Indian Health
Service budget up to an amount where we can realistically address the health needs
of our tribal people.

By doing this you and I both would be fulfilling the treaty obligations which were
signed by our ancestors.

Contract Support Costs: The 638 process is very important for tribes to con-
tinue to develop and manage their own programs. Through the appropriation proc-
ess, Con; needs to ensure that contract support costs are funded at the 100 per-
cent level for any 638 contracts and Federal agency grants.

Economic Development: The Tribal Leaders in the Great Plains Area would
like to thank Senator Tom Daschle and Senator Tim Johnson for introducing legisla-
tion that would provide economic development and regional job creation opportuni-
ties for the Sioux Nation. The Sioux Nation Economic Development Council will co-
ordinate economic development projects and centralize expertise and technical sup-
port to help tribes obtain assistance, as well as raise funds from private organiza-
tions to match Federal contributions.

Economic development is slow in coming in the Great Plains Area for many rea-
sons, Despite the modest success of Indian gaming in our area, the long winters (6
months), low population in the State (less than $00,000), capital debt repayment,
(average-15 years) and location of casinos in isolated areas, the returns are mini-
mal. Also, in South Dakota, the State continues to limit the economic growth to
tribes by freezing the number of gaming devices each tribe may have to a total of
250. These types of gaming devices generate approximately 85 percent of gress dol-
lars for the tribes. Another area that needs to be developed is energy. There are
tribes in the Great Plains Region that have energy resources and are requesting dol-
lars for technical assistance.

Farm Bill: The Great Plains tribes would like to see a separate section in the
Farm Bil] addressing Native American issues. One area would be to provide a
USDA office on each reservation to ensure better access to tribal members on farm
issues.

Welfare Reform: No. 1. Welfare reform also requires economic development. We
are also subject to the requirements of welfare reform. To put people to work, we
need jobs on or near the reservations. Without jobs, the goals of welfare reform as
applied to our tribes and our members will be impossible to meet.

No. 2. Our unemployment rates according to BIA labor statistics are often over
50 percent of our adult working age population, with many tribes facing more than
80 percent in unemployment. nnett County, SD, a part of the Oglala Nation, is
consistently one of the poorest counties in the United States, as is Ziebach County
within the Cheyenne River Sioux Tribes Reservation, and there are several other
counties that are part of other reservations in the Aberdeen Area that face chronic
poverty,

No. 3. At the same time, our population is among the fastest growing segments
of the U.S. population, and more tribal members are returning to the reservations
to seek employment and be with family.

No. 4. We also need support for infrastructure improvement—this includes roads,
sewer, and water systems and better telecommunication systems, among other
things. For example, a portion of the proposed Dakota Water Resources Act as intro-
duced by our North Dakota Congressional Delegation would go to improve munici-
pt. rural, and industrial water projects on the Indian reservations in North Da-

ota—and we need those funds now.



for the Congressional Record.

3. The Administration and Congress should appropriate new funding to the [HS
budget so that ail provisions inherent in the IHCIA can be adequately carried out
for the benefit of all AVAN people without impacting current services. The IHS
can not and should not be expected to fund all provisions inherent in the IHCIA.
with existing funds.

4 The Administration and Congress should begin steps to establish the
Congressional Commission to study Indian Health Entitlement. This
Congressional Commission should include representation from each of the
twelve IHS Areas, including representatives from the USET tribes within the
Nashville Area.

The USET Board of Directors insists on being included in the steps taken
towards reauthorizing the final bill to ensure that the needs of AVVAN people will be more
adequately addressed. The USET Board respectfully requests the opportunity to
provide oral and written testimony to the House and the Senate during the hearing
process that will ensue prior to enactment.

USET is one of the oldest and most politically active tribal organizations in the
United States. Our member tribes remain actively involved in the political process
through regularly scheduled meetings throughout the year. Our annual Impact Week
meeting is held in the Washington, DC Area at the beginning of each calendar year. It
is during this meeting that the member tribes come together and develop a collective
strategic plan for the upcoming year. Individual tribes also schedule appointments to
meet with their Congressional representatives during this time. As the National 437
Steering Committee strived to have all tribes “Speaking with One Voice,” for thirty-two
years USET has operated under the premise that there is “Strength In Unity."

The health status of AV/AN people is extremely low when compared to the U.S.
population, as a whole. AI/AN people continue to have higher instances of morbidity
and mortality in nearly all health indicators, such as diabetes, cardiovascular disease,
and malignant neoplasms. A unique legal relationship exists between tribal and federal
governments. In exchange for land and other resources, American Indian Tribes and
Alaska Native Villages were promised many things by the federal government, including
but not limited to health care. The IHCIA along with the Snyder Act are the key
legislative documents that were developed to uphold the federal governments trust
responsibility to AVAN tribal governments for the provision of health care services to
their members. The IHCIA has been refined by tribes to address changes in the health
care environment. The tribally recommended changes to the IHCIA must be
incorporated into the re-authorized bill prior to enactment as this is an integral step to

raising the health status of all AVAN people.
Reller George, USET Pre: den


62

XIV, CENSUS 2000

Mr. Vice Chairman, as you may know, the Census Bureau is releasing this month block
level population numbers to the states for use in the redistricting process. This data,
which include racial and ethnic characteristics, are the first detailed numbers to emerge
from last year’s decennial census. NCAI is proud of its efforts to improve the conduct of
the census in Indian Country and Alaska Native villages and to encourage census
participation among our people on reservations and other tribal lands, in remote Alaskan
communities, and in urban areas.

According to the Census Bureau's Accuracy and Coverage Evaluation (A.C.E.) survey, the
net national undercount in Census 2000 is lower than in 1990, 1.2 percent compared to
1.6 percent ten years ago. The net undercount for American Indians living on reservations
also was reduced, from 12.2 percent in 1990 to 4.7 percent in 2000. We are encouraged
by this significant drop in the undercount rate for the residents of Indian Country, and we
commend the Census Bureau for consulting with tribal governments in its efforts to
improve census operations in many important respects.

Nevertheless, we are deeply concerned about the disproportionate undercount of
American Indians, both on and off reservations, and of Alaska Natives, in the census.
Census 2000 missed nearly one in twenty Indians living on reservations — the highest
undercount of any racial or ethnic group. Viewed another way, people in Indian Country
were nearly seven times as likely to be missed as non-Hispanic whites. The undercount of
American Indians and Alaska Natives living off reservations also was disproportionately
high — 3.3 percent.

Despite the persistence of this “differential undercount” of American Indians, other people
of color, and the poor, a committee of Census Bureau experts recommended earlier this
month against the release of statistically adjusted numbers based on the A.C.E. survey.
The committee cited a lack of time to reconcile differences between the A.C.E. estimate of
the nation’s population and an independent demographic estimate developed by the
Bureau. Secretary of Commerce Donald Evans agreed with the recommendation and
ordered the release of unadjusted numbers to the states for redistricting purposes.

We cannot fully understand and analyze the apparent substantial undercount of our
people without evatuating the adjusted numbers, The Census Bureau’s expert committee,
while recommending against release of the adjusted data at this time, confirmed the high
quality of the coverage evaluation survey and said there is “considerable evidence” that
the adjusted numbers are more accurate than the raw census counts. These conclusions
lead us to believe that the undercount of American Indians in Census 2000 is not a
statistical creation but a very real and troubling outcome of the traditional census process
that must be corrected using the best scientific methods available.

Page 17


86

United South and Eastern Tribes, Inc.
Position Paper
February 1, 2001

SUBJECT

DEVELOPMENT OF THE LEVEL OF NEED FUNDED (LNF) CALCULATION AND FISCAL YEAR 2001
UTILIZATION AS A RESOURCE ALLOCATION METHODOLOGY FOR THE INDIAN HEALTH SERVICE (IHS)
INDIAN HEALTH CARE IMPROVEMENT FUND

ISSUE

The twenty-four tribes comprising the membership of United South and Eastern Tribes, Inc. (USET) agree
that the level of funding available for American Indian/Alaskan Native (AU/AN) healthcare is far below similar
funding available to the average U.S. citizen. Furthermore, the USET membership agrees that a level of comparison
for such funding disparity needs to be stientificely documented as evidence of the claim.

Therefore, the USET tribes support the concept of establishing @ Level of Need Funded (LNF} forthe AIJAN
population as a whole. The USET tribes agree that identifying the LNF for the AIIAN population nationwide, in
‘comparison to other U.S. population groups, could be the foundation used to advocate for greater resources to
eliminate disparities.

BACKGROUND

The USET member tribes believe that there are several flaws inherent in the methodology developed by
the LNF Workgroup, which need to be addressed. The following issues need to be given special consideration,
particularly ifthe intent remains to utilize such methodology for budget formulation and funding allocation
purposes.

‘© Contract Support Costs & Tribal Shares: Contract Support Costs (CSC) and Tribal Shares must be
reconsidered in regard to the resources attributed to local operating units in the calculation of LNF
percentages. Contract Support Cost funding is by definition, funding to provide a tribe with resources
equal to that which the Secretary, Department Of Health and Human Services (DHHS) is provided by the
federal government for the federal direct operated operating unit. As such, resources that are allocated to
contrected/compacted operating units are identified when they are not intended for actual delivery of
health care services. Additionally, Tibal Shores and similar resources are not identified in the amounts
allocated to federal direct operated operating units, and therefore, a bias is created when using the
current LNF methodology to compare the differing operating units.

‘*  LWE Methodology as a Budget Development and Allocation Tool: The LNF methodology is inherently
flawed when utilized to allocate resources on the local level. Therefore, potential use of the LNF
methodology for budget formulation and funding allocation purposes for other funding types must be
prevented at this time.

¢ Inaccurate Date: Distinct and unique tribes are affected by vastly different economic, geographic and
‘social situations, and cannot be accurately compared through the utilization of population-based data and


121

‘USET Resolution No. 2001: 031

PERSONAL COMMUNICATIONS INDUSTRY ASSOCIATES
PROGRAMMATIC AGREEMENT

WHEREAS, United South and Eastern Tribes Incorporated (USET) is an intertribal
‘organization comprising twenty-four (24) federally recognized tribes; and

WHEREAS, the actions taken by the USET Board of Directors officially represent the
intentions of each member tribe, as the Board of Directors comprises delegates
from the member tribes" leadership; and

WHEREAS, the wireless communications industry of America is currently experiencing
industry growth at an accelerated rate; and

WHEREAS, the USET Board of Directors passed Resolution No. 2000:80, in support of the
rights of its member Tribes to protect their ancestral lands in the face of the
‘massive construction of cell towers, and

WHEREAS, the construction of cell towers has the potential to have severe and permanent
adverse affects upon the ancestral lands of the USET member Tribes; and

WHEREAS, Personal Communications Industry Associates (PCLA) is one of the largest of the
national industry representatives and USET has offered to open consultations with
CIA, to create a programmatic agreement or other appropriate legal instrument
‘to ensure the participation of the USET Tribes and exercise their rights under
Federal laws and Executive Orders mandating consultation and government-to-
‘government relations; therefore, be it

RESOLVED the USET Board of Directors instructs the Chairman of the Culture and Heritage
Committee to investigate and create, a programmatic agreement, or other legal
instrument, in order to establish overall policies addressing these concems, and
present such to the USET Tribal governments for action.

CERTIFICATION

‘This resolution was duly passed at the USET Impact Week Meeting, at which a quorum was
‘present in Arlington, VA on Thursday, February 1, 2001.

Khe-ury- wily WD

Keller George, President ‘Beverly Wright,
United South and Eastem Tribes, Inc. United South and Eastern Tribes, Inc.

“Because there is strength in Unity”


124

Unrren Sours anp Eastern Tres, inc.

Resolution No. USET 2001: 040

FEDERAL WAGERING EXCISE TAX

‘WHEREAS, United South and Eastern Tribes Incorporated (USET) is an intertribal
organization comprising twenty-four (24) federally recognized tribes; and

WHEREAS, the actions taken by the USET Board of Directors officially represent tbe
intentions of each member tribe, as the Board of Directors comprises
delegates from the member tribes" leadership; and

WHEREAS, the Internal Revenue Service (IRS) has attempied to impose a federal
‘wagering excise tax—26 U.S.C. § 4401(a)(1)—on the sale of paper pull-tabs
by Indian gaming enterprises; and

WHEREAS, — 26 U.S.C. § 4401(a)(1) is an anachronistic and archaic provision of the
Imernal Revenue Code which was never intended to apply to tribal gaming
operatic

5; and

WHEREAS, the imposition of the wagering excise tax on Indian nations is illegal and
affront to tribal sovereignty; and

WHEREAS, one federal court has sustained the efforts of the IRS to collect the wagering
excise tax, while another federal court has sided with the tribes on this issue;
and

WHEREAS, the U. S. Supreme Court bas elected to review the lower court cases to
determine the applicability of the wagering excise tax to Indian nations;
therefore, be it

RESOLVED the USET Board of Directors hereby urges the U. S. Supreme Court to strike
down the illegal efforts of the IRS to impose wagering excise taxes on Indian
ations; and, be it furtber

RESOLVED the U. S. Congress, regardless of the decision of the U. S. Supreme Court,
repeal 26 U.S.C. § 4401(a\1) as an anachronistic and ineffective provision
of federal tax law.

CERTIFICATION

‘This resolution was duly passed during a meeting of the Board of Directors during Impact
‘Week, at which a quorum was present in Arlington, Virginia on Thursday, February 1, 2001.

Kbcfory-_— Bud, Nudge
Bevery Wri, Sere {

Keller George, President
‘United South and Eastern Tribes, Inc. ‘United South and Eastern Tribes, Inc.

“Because there ts strength in Unity”


31

available through the Balanced Budget Act of 1997 and an addi-
tional p70 million made available through the Balanced Budget Act
0! .

We support use of the existing methodology for the fiscal year
2001 funds so that they can be disbursed in a timely manner. How.
ever, we believe that the distribution methodology for funding that
begins in fiscal year 2002 should be analyzed and modified. We
urge that newly appropriated diabetes funds be allocated to tribes
for prevention and treatment activities and not diverted to univer-
sities or special interest organizations for research purposes.

USET commends Dr. Trujillo for his good work and advocacy for
Indian and Alaska Native people as director of the Indian Health
Service, and we are on record in asking the Bush administration
to allow him to remain in his position for the remainder of his

term.

The USET strongly endorse increases to the BIA/DOJ law en-
forcement initiative as a high priority for future appropriations. We
firmly believe that law enforcement is an essential component of a
tribal government’s ability to govern and an integral part of suc-
cessful economic development. Like other tribes nationally, the
USET are experiencing increased rates of crime and violence. But,
with limited resources, many of our member tribes are unable to
provide law enforcement on the 24 hour/7 days a week basis that
would lead to more peace and stability in our communities.

In order to strengthen our law enforcement programs, we believe
that BIA and DOJ should work with the tribes to develop and im-
plement model cross-deputization agreements. Since we work with
not only local law enforcement officials but also State police and
other Federal law enforcement officials such as National Park
Service Rangers, consistent recognition of tribal law enforcement.
authority would improve interaction with these other agencies.

Similarly, there is a need to develop a memorandum of agree-
ment between tribal police and U.S. attorneys that establishes the
standards for bringing cases to the Federal courts. These actions
would go far in promoting the legitimacy of tribal law enforcement
programs.

In the 106th Congress, the committee was instrumental in the
enactment of the Indian Tribal Justice and Legal Assistance Act.
We hope that this Congress will appropriate the funds necessary
to support much-needed development of tribal justice systems. In
addition to increased funding for tribal courts, additional technical
assistance and regionally based training have been identified as
needs of the USET.

The USET are concerned that the discussion and consideration
of the tribal Federal recognition process has become mired in con-
troversies regarding two related but separate processes, trust land
acquisitions and tribe-State agreements for gaming. We believe it
is misleading and prejudicial for the opponents of the recognition
process to assert that recognition will lead to wide expansion of In-
dian gaming and significant loss of revenue from lands taken into
trust on behalf of the tribe.

What the opponents fail to make clear is that it is only after
achieving Federal recognition that a new tribe would be able to
pursue gaming under the Indian Gaming Regulatory Act and the


7

Regarding consultation, as you have stated yourself, Senator
Inouye, there needs to be a greater consultation with tribal govern-
ments. NCAI has great hopes that the Executive order on consulta-
tion and coordination with tribal governments will compel agencies
to consult.

The Executive order was and continues to be viewed by Indian
country as a very positive step in the strengthening of the govern-
ment-to-government relationship.

We look to this committee to support and assist Indian country
in ensuring compliance with this policy. In the words of Chairman
Robert Chicks, the Cochair of the Tribal Leaders Work Group on
Consultation, “Don’t make decisions without us.”

The census is the next issue that we would like to focus attention
on. Under the current Census count, the net undercount for Amer-
ican Indians living on reservation was reduced from a 12.2-percent
in 1990 to a 4.7-percent in 2000.

We are encouraged by the significant drop in the undercount rate
for the residents of Indian country and we commend the Census
Bureau for consulting with tribal governments in its efforts to im-
prove the Census operation.

Nevertheless, we are deeply concerned about the disproportionate
undercount of American Indians and Alaskan Natives, both on and
off the reservations.

We understand that the Census 2000 missed nearly one in 20 In-
dians living on reservation, the highest undercount of any group.
The undercount of American Indians and Alaska Natives living off
reservation was also disproportionately high, 3 percent.

Despite the persistence of this differential undercount of Amer-
ican Indians and other people of color, a committee of Census Bu-
reau experts recommended early this month against the release of
statistically adjusted numbers based on the ACE survey.

We cannot fully understand and analyze the apparent substan-
tial undercount of our people without evaluating the adjusted num-
bers. The Census Bureau’s expert committee, while recommending
against release of the adjusted data, at this time confirmed the
high quality of the coverage evaluation survey and said there is
considerable evidence that the adjusted numbers are more accurate
than the raw Census counts.

We have called upon the Department of Commerce and the Cen-
sus Bureau to release the ACE adjusted data as soon as possible
to allow for the fullest public scrutiny and evaluation of the Census
2000 and to help policymakers in Congress and Federal agencies
make informed decisions about program development and the allo-
cation of funds to those most in need.

We seek support of the committee in bringing about that disclo-
sure in a timely manner.

Concerning the native Hawaiians, Mr. Vice Chairman, as you
know, NCAI was organized in 1944 to fight against termination of
tribal sovereignty and the assimilation policies promulgated by the
Federal government. We are dedicated to the protection of the
rights of tribal governments, as well as to working with all native
people to achieve self-determination and self-sufficiency.


SUSAN MASTEN, PRESIDENT
NATIONAL CONGRESS OF AMERICAN INDIANS
TESTIMONY ON
THE GOALS AND PRIORITIES OF THE MEMBER TRIBES.
OF THE
NATIONAL CONGRESS OF AMERICAN INDIANS
FOR THE 107 CONGRESS

BEFORE THE SENATE COMMITTEE ON INDIAN AFFAIRS

March 22, 2001

1. INTRODUCTION

Good afternoon, Vice Chairman Inouye, Chairman Campbell, and distinguished
Committee members. My name is Susan Masten, and ! am Chair of the Yurok Tribe and
President of the National Congress of American Indians (NCA. On behalf of NCAI’s 250
member tribal nations, | am very pleased to have the opportunity to present testimony
regarding the goals and priorities of the member tribes of NCAI for the 107" Congress.

| want to begin today by reflecting on the wisdom of the many great Indian leaders who
came before us and founded the NCAI. As you know, the 561 Indian Nations in the
United States are a very diverse group, ethnically, culturally and linguistically. in 1944,
when NCAI was founded, our ancestors had the wisdom and understanding to recognize
the need for unity and cooperation among tribal governments for the protection of treaty
rights and tribal self-government. Even though there was a common cause, problems still
remained in working together due to aifferences in history, resources, and ways of life.
Every day tribal governments are working to overcome those difficulties and this hearing
regarding the priorities and issues of NCAI member tribes is a tribute to those ancestors
who gave so much to ensure that American Indian tribes and our respective cultures could
continue.

With that in mind, | want to emphasize how very difficult it is for NCAI to come to today’s

hearing and focus on only a handful of issues. NCAI currently has 250 member tribes,
and they are concerned with a very broad range of issues. For the purposes of today’s

Page 1


6

We are still working with them so that we can continue this ef-
fort and can focus on those issues that deal with leasing and with
providing for an opportunity for the tribes, who are quite sophisti-
cated in this day and time, to be able to provide for the leasing
within the tribal government structure. We believe that the BIA
should look toward the private sector for trust management sys-
tems as a model.

Finally, we would like to note several underlying trust manage-
ment issues that we would like to work with Congress on at im-
proving the statute.

First, we should address trust fund management and provide
clear guidance to the BIA and the Office of Trust Fund on roles
and responsibilities for trust as far as management, and in particu-
lar, in a number of areas on individual Indian money accounts.

Second, the Indian Land Consolidation Act of 2000 was a big
step toward helping move the probate of Indian estates forward. An
important next step will be to consider developing a Federal pro-
bate code for the probate of Indian estates where the tribe does not
have an established code.

Finally, we would like to ask the committee to consider revising
the general statute on the surface leasing of Indian lands found in
25 U.S.C. 415 in light of the modern era of tribal self-determina-
tion.

Under law enforcement, we continue to be concerned about pro-
viding adequate law enforcement. As you know, when you have
lack of law enforcement you have an open invitation for those ele-
ments to come in that are not desirable in Indian country.

We all face the intrusion of those who are not Indian coming on
reservation lands to manufacture metamphetamines and sell and
grow marijuana within the reservations.

We also see increased activity of gang-related activities simply
because of that lack of enforcement and an opportunity for drug
trafficking.

So, we are extremely concerned. The committee knows the public
safety crisis in Indian country and I know that you support law en-
forcement and that the importance of law enforcement on trust
lands is urgent.

Just last week the Justice Department released a second report,
which confirms that Indians are twice as likely to be victimized as
any other race, no matter where they reside.

Tribes are encouraged by Secretary Norton’s recent statement re-
garding her commitment to provide adequate law enforcement re-
sources to Indian country.

We seek the support of this committee to ensure that funding for
the joint Department of Justice-Bureau of Indian Affairs law en-
forcement is continued and expanded.

Under transportation, NCAI appreciates the focus of the commu-
nity in addressing the enormous need for transportation infrastruc-
ture on Indian reservations throughout this country.

We support S. 344, as it would provide a fix to the TEA-21 by
removing the obligation limitation and would allow funds to be dis-
tributed to tribal governments so that they can be used for the in-
tended purpose of fixing and maintaining roads on Indian reserva-

ons.




120

‘USET Resolution No. 2001:22
Page 2

RESOLVED, that the USET Board of Directors supports the enactment of the National Steering
‘Comittee bill and urges the Congress to approve the bill without changes.

CERTIFICATION

‘Tals resolution was daly passed at the USET Annual Mecing, at which a quorum was presen in
Verona, NY on Thursday, November

United South and Easter Tribes, Inc. Dauad South ted Ensen ries te


19

the Indian tribal members are coming home to work on their res-
ervation and to be with their families.

Infrastructure, I think President Masten talked about this and,
Mr. Vice Chairman, you also mentioned this. We also need support
in infrastructure improvement. This includes our roads, our sewer
and water system, better telecommunication systems, among other
things.

For an example, a portion of the proposed Dakota Water Re-
sources Act was introduced by our North Dakota Congressional del-
egation, will go to improve municipal, rural and industrial water
projects on the Indian reservations in North Dakota. We need those
funds and we need them now.

Also, Indian business loans and grant programs are needed. Indi-
vidual tribal members need more assistance, also. Individuals and
tribal governments alike have benefited greatly from such pro-
grams as the BIA direct loans, now without funds, and the BIA
guaranteed loans which have been highly successful in our area.

Programs like the Indian business development grants and In-
dian business technical assistance need to be reinstated and pro-
vided enough funds to have a chance to succeed.

Native American tax incentives, I think we talked about that
briefly. We really do support that. With only 2 years remaining be-
fore the tax incentive expires, many businesses are now reluctant
to commit to locating or expanding on our reservations. Economic
planning and construction can take months and sometimes years
to develop from start to finish.

We would like to thank Senator John McCain for his support on
the incentives for economic development on Native American lands
in the Senate.

Tribal governments are good neighbors. They are good partners
in the future of economic development of our country, our States
and our local communities.

Our court systems, a strong court system in place is the key to
a strong Nation. It is very important for our courts to run properly
and without interference from our tribal politics. Private companies
feel more secure forming relationships and partnerships when they
feel like they have an equitable dispute resolution mechanism that
is available to them.

We experienced that when we applied for private funding for our
casino in Flandreau, SD. Tribal court funding is needed because it
not only improves the economic development, but also deters crimi-
nal behavior and maintains tribal identity.

For our roads, the Great Plains area current funding level is ap-
proximately 30 percent of the actual need. Our tribes in our region
overwhelmingly expressed that road maintenance is a major con-
cern on our reservations.

The BIA estimates that road maintenance is funded as little as
$80 per mile. In comparison, the average of $2,200 per mile is
spent maintaining other Federal roads and an average of $2,500 to
$4,000 is spent on State roads. With 7 million acres of land and
200,000 people, versus the small tribes in other areas of the coun-
try with 15 to 30 tribal members and few roads, we urge you to
increase our funding in the Great Plains area. Our roads are im-


14

We as Great Plains tribal leaders want an acceptable quality of
life for our people. Until the quality of life, that is, poverty, unem-
ployment, education, and housing on the Great Plains reservations
are comparable to the rest of the American people, the Federal
Government must increase and maintain its funding support to
meet its obligations as agreed upon.

The Great Plains tribes want to go on record that we oppose the
current budget formulation process of prioritizing our top 10 pro-
grams. Each program has equal importance. Each of the 16 tribes
in the Great Plains Region has different needs for their unique sit-
uations on their reservations. Choosing 10 of the most important
programs forces a division among our nations.

Areas of concern in education in the Great Plains area. Of par-
ticular importance to achieving this desired quality of life are edu-
cation programs. TPA programs include: scholarships, Johnson-
OMailey, adult education, and tribally controlled community col-
leges.

‘Education is the means by which our tribes will attain self-suffi-
ciency, economic development, sustainability, and most impor-
tantly, survival.

We applaud the Bush administration’s commitment to provide
additional Indian education construction funding. We also appre-
ciate the support of many committee members for your hard work
in increasing the funding for school renovations, repairs, and re-
placements.

This commitment to BIA schools is a very positive sign and we
thank you very much.

Education cannot be accomplished in schools that are poorly de-
signed, falling down around them, unsafe and iil equipped. Yet,
this is the condition of many of the schools on our reservations in
the Great Plains area.

The BIA construction budgets for replacement of old, inadequate
and in many cases condemned schools is still a major concern of
the Great Plains area. Three tribes in the Great Plains area have
expressed their strong need for new schools: The Cheyenne River
Sioux Tribe, the Lower Brule Sioux Tribe, and the Crow Creek
Sioux Tribe.

I just recently talked with all the chairmen before I came out
here to testify.

Base funding for operations, D through 12, must be increased.
The Indian Student Equalization Program, the ISEP funding for
student transportation, base funding, operation and maintain and
the administrative costs have been from 15 to 50 percent below
their actual need.

Adult vocational training and job placement is underfunded to
the point that many tribes in the Great Plains turn away 40 to 50
percent of their applicants. Many of our adults need training in life
skills and job training.

Student transportation in the Great Plains area is in need of ad-
ditional funding. BIA schools are located primarily in rural and iso-
lated areas, thereby improving the succession of students to each
educational level by providing tutoring, counseling and parental in-
volvement programs,


3

As you know, we submitted to this committee on March 18, a
written statement regarding the President’s Fiscal Year 2002
Budget Request. Our statement addressed the proposed funding
levels that were available and highlighted those programs that we
believe are critical important to Indian nations.

We are grateful for your support. I again ask that this committee
ensure that Indian programs are fully funded during the fiscal year
2002 appropriation process.

NCAI looks forward to participating with you and with the com-
mittee during the roundtable discussions next week to discuss this
issue in further detail. We will be sending a number of our staff
over to participate in that discussion.

Recovery of tribal lands is a critical issue for us. We lost a lot
of lands, as you are aware, due not to our efforts, but from bad pol-
icy by the Federal Government.

There has been a lot of time spent with NCAI and tribal govern-
ments in working with the Bureau of Indian Affairs [BIA] to ad-
dress the regulations. While we had several concerns, not all of
them were considered, but we believe the majority of those we did
provide was reflected in the current regulations.

I think that it is encouraging to see that when Secretary Norton
addressed NCAI recently she indicated that under the Bush admin-
istration and its review of the new rules, that she would not allow
them to become effective until probably April 16.

We are urging the Secretary to go forward with the new regula-
tions regarding the acquisition of lands into trust. The regulations
were the result, you know, of our long, hard effort on our behalf
to work out those issues of importance to the tribes.

However, we still have some issues that we continue to be con-
cerned about. They deal with contiguous lands and the fact that
they entirely left out the Alaskan Natives. Those are extreme con-
cerns for us. We will continue to work to improve in those areas
of the regulations. We urge fut help in support of that effort.

Getting on to economic development, I know that you are well
aware, Vice Chairman Inouye, that creating and sustaining eco-
nomic development in Indian country is extremely important to all
of us.

I know that you are also aware that in order to be successful
with economic development, it is crucial that we have the infra-
structure in place that allows us to attract business partners. With-
out roads, electricity, and telephones, it is difficult for us to attract
any business partner to do business in Indian country.

I am looking forward to working closely with you to see how we
might be able to make inroads in assuring that the proper infra-
structure needs are met for Indian country. We truly will never
reach self-sufficiency until we address the infrastructure needs of
Indian reservations.

We sincerely appreciate the efforts that this committee has taken
to lead the cause of economic development issues and for legislative
steps to spur economic development and we thank you for support
of those issues.

NCAI supports the development of legislation that the committee
may introduce that will promote sustainable economies on Indian


110

Tribal/BIA/DO! Task Force Report. Another recommendation is to complete the Standard Assessment
Methodology (SAM) to be used by the BIA to adequately determine the resources neaded by Tribes
‘to run respactive programs. SAM will be an excellent tool to assist in determining the benchmarks
‘to make necessary judgements on common characteristics measurements in the tiered methodology.

In order for any methodology to be successful all Tribes and the BIA will have to be committed to the
goal of achieving parity through the distribution of future increases to the TPA. Tribes will only
commit to a methodology developed through consultation. To secure commitment from the Tribes
any distribution methodology developed will need to include the following principles and objectives:

Protection of Existing TPA Tribal Bases: Factors used to determine each
Tribe's existing TPA base varies among Tribes across the nation and
reflects the unique government-to-government relationship between each
Tribe and the United States. The Joint Tribal/BIA/DO! Task Force 1994
Report recommended that Tribal funding bases should be protected as a
Priority to promote strong and stable Tribal governments.

Adjustment for Inflation: in addition to the establishment of recurring
base funding for individual Tribes, the 1994 Tribal/BIA/DOI Report stated
‘that such protection shall include, as a first priority, inflation adjustments
‘to preserve the purchasing power of the overall funding base amount. An
analysis of TPA funding from 1981-1993 reveals that available resources
have remained level despite population growth increasas of 43% during the
‘same 12-year period. No increases have been made to reflect the continued
increased responsibilities assumed by Tribal governments.

Accurate Identification of Tribal Priorities and needs: Tribal programs
‘and funding to meet these needs have long been grossly under funded.
‘American indians and Alaska Natives have been enduring some of the worst

TPA Testimony JTM

226188


69

Federal legislation, HR 240, which would prohibit the Poarch Band of Creek
Indians from using certain lands it currently has in trust for gaming purposes.
Federal law which singles out the Narragansett Tribe as being ineligible to
‘operate gaming in Rhode Island under the authority of the Indian Gaming
Regulatory Act.

The National Labor Relations Board General Counsel has asked the agency to
reverse its long-standing precedent and unlawfully subject Indian nations to
the National Labor Relations Act.

We ask your continued help in solidifying tribal sovereignty by promoting positive
legislation under this committee's jurisdiction which furthers tribes’ ability to govern,
such as the Self-Governance measure passed last year. It is also vital that this
Committee continues to be actively involved with other committees on legislation that
impacts tribal governments — evaluating legislation with regard to its impact on tribes
and educating and coordinating with congressional colleagues and staff. The Finance
Committee's jurisdiction over tax and other financial matters, Medicare, Medicaid, and
social service entitlement programs makes the work of that Committee particularly
critical to Indian country.

We appreciate that this Committee sponsors issue briefings for congressional
staff, and encourage you to continue in this endeavor.

Finally, we ask your assistance in building tribal relationships with the new
Administration. As with any new Administration, there is a great deal of initial education
and introduction that must be undertaken. We look forward to developing positive
working relationships with federal officials and White House staff, and welcome your
assistance in building smooth pathways for communication between all of us who are
concerned with the well being of American Indian and Alaska Native communities.

Below are outlined specific legislative issues of importance to USET member
tribes. We have attached issue papers and resolutions on many of these topics. Also
attached is a map of the USET area, a list of our member tribes and other information
about our organization.

APPROPRIATIONS

The USET Tribes are encouraged by Secretary Norton's recent statement in
testifying before this Committee that she and President Bush are "both believers in the
concept of Self-Determination.” As the Committee is well aware, adequate funding is
essential to continuing the successes achieved under Self-Determination and Self-
Governance. Because we have not seen the details of the proposed FY 2002 budget
request, we urge the Committee to keep in mind the following when considering Indian
funding related issues:

© Tribal Priority Allocations (TPA). As indicated by the initial data from Census
2000, tribes will face increased demands for services to their communities and

107th Priorities Testimony-KG 415101 Page 2


24

approved or disapproved or in your role as an advocate on behalf
oF tribal concerns in legislation under the jurisdiction of other con-
gressional committees. We truly appreciate this stalwart support,
and hope to count on your continued partnership in our ongoing
struggle against erosion of tribal sovereignty rights and the pros-
pect of harmful legislative proposals, Federal and State agency ac-
tions, and adverse court decisions during the 107th Congress.

Examples of actions which have eroded or threaten to erode trib-
al sovereignty among the USET member tribes are: Efforts by the
State of Maine to assume all authority and jurisdiction of their Na-
tional Pollution Discharge system within the borders of tribal lands
in Maine; efforts by the State of Louisiana to require State licenses
for the tribally charted Chitimacha Insurance Company; Federal
legislation, H.R. 240, which would prohibit the Poarch Band of
Creek Indians from using certain lands it currently has in trust for
gaming purposes; Federal law which singles out the Narragansett
Tribe as being ineligible to operate gaming in Rhode Island under
the authority of the Indian Gaming Regulatory Act; and the Na-
tional Labor Relations Board General Counsel has asked the agen-
wy to reverse its long-standing precedent and unlawfully subject In-

lian nations to the National Labor Relations Act.

We ask your continued help in solidifying tribal sovereignty by
promoting positive legislation under this committee’s jurisdiction
which furthers tribes’ ability to govern, such as the Self-Govern-
ance measure passed last year. It is also vital that this committee
continues to be actively involved with other committees on legisla-
tion that impacts tribal governments, evaluating legislation with
regard to its impact on tribes and educating and coordinating with
congressional colleagues and staff; the Finance Committee’s juris-
diction over tax and other financial matters, Medicare, Medicaid,
and social service entitlement programs which makes the work of
that committee particularly critical to Indian country.

We appreciate that this committee sponsors issue briefings for
congressional staff, and encourage you to continue in this endeavor.

Finally, we ask your assistance in building tribal relationships
with the new administration. As with any new administration,
there is a great deal of initial education and introduction that must
be undertaken. We look forward to developing positive working re-
lationships with Federal officials and White House staff, and wel-
come your assistance in building smooth pathways for communica-
tion between all of us who are concerned with the well being of
American Indian and Alaska Native communities.

Below are outlined specific legislative issues of importance to
USET member tribes. We have attached issue papers and resolu-
tions on many of these topics. Also attached is a map of the USET
area, a list of our member tribes and other information about our
organization.

No. 1, would be appropriations. The USET tribes are encouraged
by Secretary Norton’s recent statement in testifying before this
committee that she and President Bush are “both believers in the
concept of self-determination.” As the committee is well aware, ade-
quate funding is essential to continuing the successes achieved
under self-determination and self-governance.


10

In order to facilitate this, I sent an inquiry to all Indian nations,
over 500 of them, seeking certain fundamental data and informa-
tion, such as “What is your population? How many of your citizens
are high school graduates? ‘What special skills do your citizens
have? What is your infrastructure? Are there major highways near
your reservation? Are there any airports? Is there access to full
range of utilities?” et cetera, et cetera.

Well, I am sorry to tell you that we received only a 10-percent
response.

low, if we are to provide good, positive assistance, we must
know this type of information. Let us say that the Defense Depart-
ment has a project to make camouflage nets and they would need
so many workers. That is very fundamental data that we need, and
we have very little.

The matter of logistics becomes very important. Do you have ac-
cess to any highways so that goods can be picked up and taken out
or access to airports to do the same?

So, I would appreciate it if you could explore this and see if
something could be done and make it available to the committee
because I think we can use this information to good end.

Ms. MASTEN. Well, it doesn’t surprise me that you would be look-
ing to Defense to be conducting economic development projects
within the reservation boundaries being that, as you point out,
every opportunity that you get to let Native Americans serve this
country at the highest population of any people, it seems most ap-
propriate that we benefit from the sacrifices that our warriors have
made on behalf of our freedom. So, I thank you for that effort.

I think part of the problem of collecting data is the confidential-
ity of data. That is a major issue of concern to Indian country. I
think it is because it is often misconstrued by those who would like
to take advantage of it.

I want to commit to you to address this and to try to get the in-
formation that you are seeking because I believe that it is an im-
portant avenue and we don’t want to miss the opportunity. So, I
will offer my commitment to assist you in that effort.

Senator INouyE. Recently, a report was released which indicated
that violent crimes against all races of this land have decreased in
the last 5 years. However, during the same period it appears that
violent crimes against Indians have either increased or stayed the
same.

As such, the Government has suggested legislation that would
amend section 1441 of title 18 to provide removal authority from
tribal courts to Federal courts for cases involving Federal law
issues.

Are you in favor of that?

Ms. MasTEN. No; particularly because, as you are quite aware
Senator, most violent crimes aren’t even investigated or that there
is nothing that occurs, no action taken. Cases are closed without
even getting the proper due consideration.

So, no, I ‘vould. not be in favor of it. Crime rates are on the in-
crease in every category in Indian country. It is not acceptable. I
encourage the committee to take a look at data that has come for-
ward with these reports and the statistics and to more forward to
increase appropriations for law enforcement in tribal courts.


29

The USET’s are pleased that the new administration has placed
education among its highest priorities, and has pledged that the
“Federal Government will meet its responsibilities to Native Amer-
ican children.” We hope that this year will mark a turnaround in
the chronic funding shortfalls that have too long plagued BIA fund-
ed schools and public schools with high numbers of Indian stu-

lents.

We strongly support fulfillment of President Bush’s campaign
promise to devote $1 billion to fully fund the maintenance backlog
and construction needs of BIA schools. But it is also critical that
these schools have adequate resources to fund the educational pro-
gram itself, funding to draw and retain teachers, ensure prudent
administration of schools, and otherwise ensure that what goes on
inside the schools receives as much attention as the school facilities
themselves.

To this end, it is important that the BIA schools receive full
funding for the Administrative Cost Grants, approximately $55
million in fiscal year 2002, and that the core ding for these
schools be increased to a level more equitable with other schools,
or $4,000 per student.

We also support increased funding for the Johnson O’Malley Pro-
gram, which provides funds to both BIA and public schools, and
urge that the funding take into account increased student enroll-
ment.

The Impact Aid Program is vital to public school districts that
contain Indian trust lands, and we are encouraged by recent in-
creased appropriations for the Impact Aid basic support payments
and for construction for these schools.

USET was an active participant in the National Steering Com-
mittee made up of tribal leaders who drafted a proposal for reau-
thorization of the Indian Health Care Improvement Act, and we
urge its enactment. We believe that pending Senate bill, S. 212,
which would bring more of the IHS funding to the local level, im-
prove access to Medicare and Medicaid, provide new options for fa-
cility construction, and provide better coordination among behav-
fora) health services, social services, mental health, substance
abuse, will result in improved health care for Indian people.

We appreciate that this committee held hearings on the reau-
thorization of this important health legislation last Congress and
that the bills introduced in the House and Senate largely reflect
the work of the Tribal Steering Committee. We realize that both
the legislation and the committee jurisdictional issues surrounding
it are complex, and are willing to put a lot of effort into working
for its enactment.

We support legislation, S. 214, which would elevate the position
of the THe Director to that of an Assistant Secretary. This commit-
tee has been persistent in its advocacy of this bill and we appre:
ciate that. We believe that an Assistant Secretary for Indian
Health will be in a better position within the Department of Health
and Human Services to advocate for Indian Health Service funding.

We also believe that the Assistant Secretary will have more clout
in working with other assistant secretaries in the Department to
increase tribal access to other programs. One example would be
mental health funding.


98

United South and Eastern Tribes, Inc.
Position Paper
February 1, 2001

‘SUBJECT:

Strengthening Tribal Law Enforcement agencies by providing recognition, agreement, and support from the
federal goverment and local law enforcement agencies.

‘To develop coordinated support from the Department of the Interior and the Justice Department for Indian
{aw enforcement agencies.

These plans for action are essential to prepare recommendations for the new Administration and to
successfully implement the goals and objectives of the USET Tribes. Tribal input is critical to the concerns
that need to be addressed over the course of the next several years in shaping the future of Tribal lustice
programs.

ISSUES:

The USET Tribal lustice Committee, through the Board of Directors, has identified the following issues as
being of upmost importance. Th following principals are essential to effectively address the Tribal Justice
issues of the USET Tribes.

In spite of their clear legal authority, Tribal law enforcement personnel are hampered in the effective
discharge of their duties by the inconsistent respect and recognition accorded to them by the U.S. Attomeys
and state and local law enforcement officials. The inconsistent recognition of Tribal law enforcement
authority endangers public safety because of the double standards that are set. Federal and local
prosecutors may decline to prosecute individuals that are arrested by Tribal police officers, even when those
individuals are non-Indian, over whom the Tribal authority lacks jurisdiction,

The Tribal law enforcement agencies need a standardized agreement for bringing cases to the Federal court
level as well as general encouragement and support by the U.S. lustice Department of the Tribal law
enforcement agencies and their work.

There is a need to establish a system to handle lower level criminal cases in areas where local governments
will not enter into agreements with Tribal law enforcement agencies.


91

BRAFI

March 27, 2001

Dr. Michae! Trujilo, Director
U.S. Indian Health Service
Parklawn Building

5600 Fishers Lane
Rockville, MD. 20857

Dear Dr. Trujillo:

On behalf of the United South and Eastern Tribes, Inc. (USET), | thank you for your commitment to tribal
consultation as evidenced through the meeting recently held in Albuquerque, NM At tis time, | am writing
specifically to address the distribution method for Contract Health Service (CHS] funding.

Ihave enclosed the official position paper developed by USET in regard to the CHS funding distribution. In
‘summary, the USET tribes strongly urge you to accept the CHS distribution formula, as proposed by the CHS
Workgroup, and utize this formula forthe allocation of the $40M FY 2001 CHS funding increase. The USET
tribes also insist that the additonal funding be distributed immediately. Finally, the USET tribes recommend that
the 1HS continue to consult directly with AUAN tribal governments in future years regarding the continuous
improvement ofall allocation methodologies, and incorporation of the most current verifiable data aveilable.

‘Inclosing, the USET tribes commend the CHS Workgroup and Technical Sub-Workgroup for their efforts
to develop a distribution formula that is fair forall AUIAN tribal governments. if you have any questions regarding
‘this position, please do not hesitate to contact me directly. Thank you for your time and attention in this matter.

Sincerely,
James. T. Martin
Executive Director
cf)
ac: USET Tribal Leaders
LUSET Tribal Heath Directors

£B. Shore Fuller, USET Health information Officer
‘. John, USET Policy Analyst

(M. Tige, IHS Nasbvile Area Director

‘fie


u

Senator INOUYE. I am certain you know that there is a very seri-
ous backlog in construction and renovation, not only of school
buildings but also of detention facilities, jailhouses and such. Has
NCAI considered any program that will allow outside investment
such as bonding or tax credits to address this backlog?

I am concerned that if we leave it up to the Government of the
United States, notwithstanding all the effort that is put in, it is
going to be a slow process.

Ms. MASTEN. We have begun to have discussions among the trib-
al leadership regarding this issue. I know there are some tribes
who are actively engaged in creative solutions to the problem and
we would be in favor, as you know, in order to address the needs
in Indian country in this area.

A large appropriation would have to be made. So, anything that
helps to address the issue, I know the tribal governments would
want to engage in active discussions to look for creative solutions
to address the problem.

Senator INOUYE. As you are aware, the taking of land in trust
is an important issue. The regulations that were recently published
by the Department of the Interior are now under review pursuant
to a memcrandum issued by the Chief of Staff of the White House.

In the event that these regulations are finalized, have you devel-
oped any legislative proposals to address some of the matters that
tribes oppose in the regulations?

Ms. MASTEN. Because we have engaged actively with the tribal
leadership in our work group and they have been looking at all of
the issues very carefully, they are looking currently at suggestions
and solutions through legislation and specifically in regard to Alas-

a.

Senator INOUYE. Speaking of Alaska, has NCAI taken any posi-
tion on the recent controversy on the Artic National Wildlife Ref-
uge [ANWR]?

Ms. MASTEN. We are on record opposing——

Senator INOUYE. Opposing the President's proposal?

Ms. MasTEN. Correct. And that was voted by the membership.

Senator INOUYE. You mentioned in your testimony that the wel-
fare reform law is due to the reauthorized in this Congress. Be-
cause tribes were not involved in the initial drafting, there are a
lot of issues affecting Indian country that need to be addressed.

We know that you have been an active advocate. Has the work-
ing group identified issues to be addressed in the reauthorization

rocess?
P Ms. MASTEN. When I did my testimony in the areas that we have
focused on, they have identified them. I think that in the written
testimony, I hope that we covered it in detail. If not, we will be
happy to do that because that committee has been engaged for a
very long time and has had active participation by tribal leader-

ship.

"They have been very dedicated and have been very consistent in
their meetings to address welfare reform. They did have some spe-
cific suggestions. There continue to be extreme challenges to Indian
country as we look for creative measures to be able to provide for
job opportunities where there are no job opportunities or transpor-
tation to job opportunities because individuals who do not have reg-


LUSET Diabetes Pesition Paper
Page3

The USET Board of Directors via Resolution USET 88:11 offer the following recommendations:

. ‘that the USET Diabetes Advisory Committee, in Conjunction with NAD staff, develop a distribution plan
based on the nesds of l/T/U’s within the USET region

° that the distribution of the $30M (amount available for Fiscal Year 1998) Diabetes Funds should be based
‘on needs of Tribes within respective Areas

. that the NAO Area Disbetes Funds be distributed to USET, Inc. for distribution

that the USET Board of Directors create a USET Diabetes Center of Excellence to address the diabetes
prevalence in ts communities

+ that the NAO Director assist the USET Advisory Committee in completing an annual assessment to be
used for distribution ofthe remaining four years of funding

. ‘that the NAO authorize USET, Inc. to receive the allocation in lump sum payments

As stated earlier, this Resolution was passed on October 30, 1987 during the 1997 USET Annual Board of
Directors Meeting in Philadelphia, MS.

The USET Health Committee's decisions are contained in Resolution USET 98:11. This committee has @
representative from each of the twenty-three member tives, as well as a representative fram the each of the
three Urban Centers.

The USET Health Committee does not support a set aside, in any amount, forthe Urban programs. However, the
Urban Centers do hi representative on the USET Diabetes Advisory Committee and Urban concerns will be
addressed inthe seme manner as the concems of USET member tribes,

SUMMARY

‘The prevalence of diabetes is highest in the USETINAO Ares and this fact is supported by the Fiscal Year 1996
IHS Diabetes Program Prevalence Report. The USET/NAO recommendation for distribution involves using a needs:
based formula. This recommendation for distribution is consistent with the intent of Congress. tt should also be
noted that neither population or Tribal Share Methodology is sted as w primary basis fr the istritoton of these
funds in the House of Representatives Conference Report, and thus should not be incorporated.

‘The USET, Inc, member tres appreciate the consultation efforts of the 1S regarding the Diabetes Funds. Itis
understood that the final decision Ges with the IHS Director and USET trusts thet the recommendations in tis
position paper will be addressed in an appropriate manner. The USET membership anticipates a distribution plan
based upon need which will be fair and equitable to large and small tribes aie.


102

BACKGROUND:

United South and Eastem Tribes, inc. (USET) is a non-profit, itertibal organization composed of twenty.
four federally recognized Indian Tribes, representing Indian communities from Maine, south to Florida, and
west to Eastem Texas. USET provides a forum for exchange of information and ideas among its member
Tribes, various governmental agencies, and other American Indian organizations. USET is dedicated to
assisting its member Tribes in dealing effectively with public policy issues and serving the broad needs of
Indian people.

The National American Indian Court Judges Association (NAICIA), the national representative voice of Tribal
Justice Systems, developed recommendations for the adoption of pro-active, lasting solutions to the Tribal
Justice System needs. These recommendations included: increased funding for the National Tribal Justice
Resource Center, continued funding for the Department of Justice's Indian Tribal Courts Program, increased
federal-Tribal coordinated strategic planning efforts, and support for the passage of S.1508, the “Indian
Tribal Justice and Legal Assistance Act of 2000," which wll re-authorize the unfunded Indian Tribal lustice
Act of 1993. These strategies for improving justice services to Indian country were identified with the
assistance of Attomey General lanet Reno.

Nationally, the technical assistance needs of Tribal justice systems far outweigh current resources allocated
for the operation of the National Tribal Justice Resource Center. The constituency to be served by the
National Tribal Resource Center is not only large, but widely diverse as well. Moreover, some components,
are executive or legislative in nature, rather than strictly related to the judicial branch (i.e. probation
officers, prosecutors, public defenders). Uncertainty regarding the future makes it difficult to start multi-
year technical assistance projects, which are rated the highest priority by needs assessment (bench books,
Clerk manuals, and a national Tribal court opinion database).

RECOMMENDATIONS:

Each of the key issues, previously stated, include herein a plan to implement both short-term and long-term
recommendations. The following actions should be considered to assist in the advancement of these issues
within the next Administration and Congress.

The Indian Tribal Justice Technical and Legal Assistance Act of 2000, 5.1508 (which contains a re~
authorization of the Indian Tribal lustice Act of 1993), was passed by both the U.S. House of
Representatives and the U.S. Senate an is awaiting the signature of the President. USEThas been
encouraged by the President signing 5.1508 and for adequate appropriations under both S. 1508 and the
Indian Tribal Justice Act.

Tribal courts require increased base (daily operations) funding. Grant programs do not provide that
dependable a base funding; only 638 TPA (or self Governance) funds or the Tribal Justice Act (fora limited
period of time) would provide adequate funding.

USET supports the continuation of Department of lustice funding under Indian Law Enforcement initiative for
‘the Tribal Courts program that is administered by the Bureau of Justice Assistance. This program is funding
many Tribe's efforts to build strong Tribal courts and also funding the National Tribal Justice Resource
Center and other technical assistance providers. USET requests that more flexibility be allowed in the


118

Unrrev Sours ano Eastern Tapes. 1nc.

USET Resolution No. 2001:17

REAUTHORIZATION OF NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-
DETERMINATION ACT (NAHASDA)

WHEREAS, United South and Easter Tribes Incorporated (USET) is an intertribal
organization comprising twenty-four (24) federally recognized tribes; and

WHEREAS, the actions taken by the USET Board of Directors officially represent the
intentions of each member tribe, as the Board of Directors comprises delegates
from the member tribes’ leadership; and

WHEREAS, the Native American Housing Assistance and Self-Determination Act
(NAHASDA) provides necessary resources to provide adequate and safe housing
for American Indian/Alaska Native (AVAN) communities; and

WHEREAS, the current authorization for NAHASDA is scheduled to expire in the year 2002;
and

WHEREAS, the NAHASDA contains a provision mandating the development of implementing
regulations through use of the negotiated rule-making process; and

WHEREAS, the negotiated rule-making process was instrumental in insuring tribal
participation, determination and implementation of the final regulations;
therefore, be it

RESOLVED the USET Board of Directors directs HUD to implement the negotiated rule-
‘making process insuring tribal participation in determining necessary revisions to
the NAHASDA

CERTIFICATION

This resolution was duly passed at the USET Annual Mecting, at which a quorum was present in
Verona, NY on Thursday, November 2, 2000.

, Secretary
United Sout and Eases Tie, ne.

“Because there is strength in Unity”


NCAI 2000 57TH ANNUAL SESSION RESOLUTION #STP-00-091

WHEREAS, S. 2719 based the creation of the Office of Native American Business
Development ("Office") in the Department of Commerce on the findings that the capacity of Indian
tribes to build strong tribal governments and economies is hindered by their inability to engage
communities that surround Indian lands and outside investors in economic activities on Indian lands.
For that and other reasons, the bill states that the United States has an obligation to assist Indian
tribes with the creation of appropriate economic and political conditions with respect to Indian lands,
specifically in the areas of investment from outside sources that do not originate with the tribes; and
economic ventures with outside entities that are not tribal entities; and

WHEREAS, the purpose of the Office of Native American Business Development is to
ensure the coordination of Federal programs that provide assistance (including financial and
technical assistance) for increased business, the expansion of trade by eligible entities, and economic
development on Indian lands to Indian tribes, tribal organizations and enterprises, Indian-owned
businesses, Indian arts and crafts organization and marketing cooperatives; and

WHEREAS, the duties of the Office of Native American Business Development are focused
on the coordination and/or provision of the following activities, according to the language of the Act:
interagency programs for economic development; a Native American export and trade promotion
program, and a Native American tourism program (including grants for demonstration projects); and

WHEREAS, the Department of Commerce supports the creation and activities of this office.
NOW THEREFORE BE IT RESOLVED, that NCAI does hereby support the creation of
the Office of Native American Business Development and any funding requests by the Department
of Commerce and other Federal agencies dedicated to furthering the objectives and activities of the

Office for the benefit of tribal enterprise and economic development.

CERTIFICATION

The foregoing resolution was adopted at the 2000 Annual Session of the National Congress of
‘American Indians, held in St. Paul, Minnesota on November 12-17, 2000 with a quorum present.

ee ae

Susan Masten, President

Adapted by the General Assembly during the 2000 Annual Session of the National Congress of
American Indians, held in St. Paul, Minnesota on November 12-17, 2000.

PAGE 2


71

We appreciate the increases provided by Congress in the past several years
for IHS Contract Support but there is still an existing shortfall of approximately
$45 million for ongoing and new contractors, We urge Congress to fully fund
IHS contract support costs.

Finally, we urge this Committee to work in tribes in educating other
Committees of Congress and federal agencies outside of the BIA and IHS that
contract support costs are a legitimate and necessary part of this nation's
policy which recognizes and promotes tribal self-determination.

Tribal Historic Preservation. Beginning in 1996, tribes, under the authority of
the National Historic Preservation Act, began establishing Tribal Historic
Preservation Offices to take over the duties of the State Historic Preservation
officers on tribal lands. There are now 27 Tribal Historic Preservation Offices
(THPOs), of which seven are USET members - Wampaoag, Narragansett,
Catawba, Poarch Band of Creeks, Tunica-Biloxi, Eastern Band of Cherokee
and Seneca. The National Park Service reports that there is interest among
many other tribes in establishing THPOs. Congress is providing about

$5 milion annually for tribal historic preservation programs. The THPOs
receive a base of $100,000 plus some additional funding based on population.
Other parts of the $5 million are distributed competitively to tribes for
preservation programs outside of the THPOs. Establishing and carrying out
the duties of a Tribal Historic Preservation Office is an enormous undertaking,
and is an attribute of tribal sovereignty. We urge Congress to significantly
increase funding for THPOs so that they can better meet the requirements of
their offices and so that additional tribes can establish THPOs.

The ability of tribal governments to provide services to their members is directly
impacted by the amount of federal funding made available for tribes. We ask this
Committee to continue advocating for funding that more accurately reflects tribal needs
and the United States’ trust responsibility for tribes. We are fortunate that six members
of the Senate Committee on indian Affairs also serve on the Appropriations Committee.
We know the Indian Committee's work has been very important in securing recent
funding increases for contract support costs, diabetes programs, BIA school
construction, and law enforcement, among other areas. We ask your continued support
in maintaining the critical gains in these areas, as weil as in securing additional funding
the several key areas mentioned above that are in need of immediate attention.

Child Welfare

Indian and Alaska Native Foster Care and Adoption Services Amendments of
2001. USET strongly supports S. 550, the Indian and Alaska Native Foster Care and
Adoption Services Amendments, legislation which would end the wholly inequitable
treatment afforded Indian children under the Foster Care and Adoption Assistance Act
(found in Title !V-E of the Social Security Act). That Act was enacted in 1980 and it
provides funding, on an open-ended entitlement basis, to state governments to
administer foster care and adoption programs for children who meet income eligibility

107th Priorities Testimony-KG 415/01 Page 4


16

In the fiscal year 2001, the Great Plains area had a need of $56.3
million. However, we only received $19.8 million, which gave us an
unmet need of $36.5 million.

Furthermore, this shortfall of $36.5 million represents a man-
power shortage of 170 employees. My reservation in Flandreau, SD,
for example, has a huge unmet need. It is huge to us and not
across Indian country because we are a small tribe. In fiscal year
2003, we have documented a need for $450,000, yet only receive
$112,000 which creates an unmet need of $338,000, and that is just
for 1 year.

I would like to quote Roger Trudell, who is the chairman of the
Santee Sioux Tribe in Nebraska. Before I came up, I called him
and he said, “We have an immediate need for $1.5 million for law
enforcement, our court systems and our public safety centers.”

Law enforcement funding. We need money that will be there
from now on. Programs like the COP grants are important, but
they have short duration, usually only a few years. We need to in-
crease our funding that we can always count on, year after year.

Programs like the COP grant are good for meeting initial need.
However, we need sources of money that we can use to retain our
officers. Frequently, the departments use these funds to hire and
train the new officers, but once the money runs out, then the offi-
cers leave.

More officers are needed. Like in many areas of the country,
there is a huge shortage of properly trained Indian officers. Having
more officers could help solve several problems, not just the obvious
increase in law enforcement. Safer communities would be more eco-
nomically inviting for businesses to move into. Having a well
trained, quality police force would also assist to break the endless
cycle of domestic abuse and many other of the social problems that
plague our reservations in the Great Plains area.

Detention centers, I think we briefly talked about detention cen-
ters here earlier. While this is a national problem, it is particularly
bad on the reservations. Funds are needed to build modern, secure
detention facilities. When it is necessary to incarcerate an individ-
ual, many reservations have very limited options.

They can either house the prisoner in their own substandard fa-
cility, or they take an officer off the street and transport that pris-
oner to ancther facility, possibly in another city.

Increased funding for community awareness activities, ours in-
cluded, are moving toward community-based law enforcement. Our
police force is actively participating in and educating the commu-
nity, which will serve to lower crime across the board. A source of
funds specifically for this purpose would greatly help in this effort.

In the area of Health care, as you know the Great Plains tribes
have the worst health statistics in the country, the highest infant
mortality rates, diabetes, heart disease, cancer, alcohol and drug
abuse.

These factors, along with distance, how far you have to travel,
access to medical facilities, poverty and underfunding make it ex-
tremely difficult to meet the health needs of our people. The Great
Plains tribes do appreciate the consultation process that has been
going on between the Indian Health Services and all the tribes.


BACKGROUND:

United South and Eastem Tribes, Inc. (USET) is a non-profit, intertribal organization composed of twenty-
four federally recognized Indian Tribes, representing Indian communities from Maine, south to Florida, and
west to eastem Texas. USET provides a forum for exchange of information and ideas among its member
Tribes, various governmental agencies, and other American Indian organizations, USET is dedicated to
assisting its member Tribes in dealing effectively with public policy issues and serving the broad needs of
Indian people.

The USET Tribes have been working together for several years to improve Tribal Justice services and
resources for American Indians. The USET Tribes recognize that although steps have been taken in the past
to protect and strengthen the American Indian Tribal Justice system, enough is not being done. The
sovereignty of the American Indian people is constantly in danger as states challenge the ability of the
Tribes to succeed as a Tribe administered justice system.

\ndian Nations posses the inherent sovereign authority to maintain Tribal {aw enforcement agencies in order
to:

Maintain order in Indian communities

Exclude trespassers

Enforce Tribal laws and ordinance violation committed by Indians on the reservation lands
Detain and transport to local, state, or federal law enforcement authorities non-Indians who
have committed or are about to commit a crime on a reservation.

ae

Pursuant to the Indian Law Enforcement Reform Act, 25 U.S.C. 2801 et.sec., the Bureau of Indian Affairs
rants special commissions to many Tribal police officers in order that Tribes may exercise federal law
‘enforcement authority in addition to their inherent authority. Courts have repeatedly recognized the
legitimacy of Tribal police forces.

RECOMMENDATIONS:

Each of the key issues, previously stated, include herein a plan to implement both short-term and long-term
recommendations. The following actions should be considered to assist in the advancement of these issues
within the next Administration and Congress.

There are a number of solutions that may be researched to assist in the rectification of current recognition
and jurisdictional issues pertaining to indian law enforcement agencies.

1. US. Justice Department's support to establish a Violations Bureau with a designated
Magistrate that can hear lower level criminal cases in areas where the state and local
governments will not enter into a cross-deputization agreement with Tribal law enforcement
agencies.

2. The U.S. Justice Department's support for agreement between Tribal police and U.S.


21

icy on energy, I hope that it does not focus on just production but
protection.

I would most respectfully suggest that this matter be high on the
agenda of Indian country.

Ms. Masten. I appreciate that. Being from California and being
a tribe who lives on the second largest river in the State of Califor-
nia, I know all of those concerns that you heard from the tribes in
the northwest because we have the same concerns.

I have already experience this last summer, having our elec-
tricity shut down for the day in our very rural community. I still
don’t understand how that helped to alleviate the pressure, but we
did experience two shutdowns Tor two days.

So, as the President of NCAI, it behooves me, so I already have
energy as a discussion item for the General Assembly as well and
a special breakout session and have recruited CERT’s assistance in
putting together the critical issues that should be addressed and
looked at in Indian country.

So, that is my intention, to make sure that we come up with a
policy that allows for us to move forward to advocate for tribal gov-
ernments to ensure that there is development and that we are in-
cluded as perspective opportunities for energy development but also
to ensure that there is that element which we all have the respon-
sibility for future generations to ensure that we are also at the
same time ensuring the protection of the resources.

Senator INouyE. There are three projects that are ongoing at the
present time, three very exciting projects that will have a tremen-
dous impact upon the future of Indian country.

One is the construction and completion of the National Museum
of the American Indian. The first phase was very successful. We
were able to raise approximately $100 million. We have already es-
tablished the museum in New York and the Cultural Resource
Center in Maryland.

Now we are completing the museum on the Natiional Mall. That
roject will take an additional $90 million. Much of that will be
from Federal resources, but I would hope that the tribes will par-

ticipate in this fund-raising effort.

Ms. Masten. We are also working very closely with Rick West
in the effort.

I do want to also, before you close, thank you for your comments
and feedback for the revision of our 101 on Indian Tribal Govern-
ment booklet. We are very appreciative of that. The final product
is done and will be available for efforts in educating your col-
leagues as well as the general public. So, for your information, that
is complete.

I also would ask that the Senator keep the record for at least 2
weeks so those tribal governments who wish to submit written tes-
timony could have an opportunity. I understand you are going to
be holding more hearings, but I think it would help to alleviate
some of the concerns with this go-around if you could keep the
record open for an additional 2 weeks

Senator INOUYE. Actually, this record will be kept open until the
end of this series of hearings.

Ms. MASTEN. Good. Thank you.


50

activity and self-determination. As noted by one of the IRA’s principal authors,
Congressman Howard of Nebraska, ‘the land was theirs under titles guaranteed by treaties
and law; and when the government of the United States set up a land policy which, in
effect, became a forum of legalized misappropriation of the Indian estate, the government
became morally responsible for the damage that has resulted to the Indians from its
faithless guardianship,” and said the purpose of the IRA was ‘to build up Indian land
holdings until there is sufficient land for all indians who will beneficially use it."(78 Cong.
Rec, 11727-11728, 1934.)

As Congressman Howard described these land reform measures:

Considering the magnitude of the losses of Indian land brought about by
the past 50 years of incompetent Federal guardianship, the purchase
program here proposed is indeed a very modest restitution; and it is
moreover an investment that will many times repay itself by taking
Indians off the relief and ration rolls,

78 Cong. Rec. 11730.

This Congress, by adopting this bill, can make a partial restitution to the Indians
for a whole century of wrongs and of broken faith, and even more important -
for this bill looks not to the past but to the future — can release the creative
energies of the Indians in order that they may learn to take a normal and natural
place in the American community.

78 Cong, Rec. 11731.

Of the 90 million acres of tribal fand lost through the allotment process, only about 8
percent have been reacquired in trust status since the IRA was passed sixty-seven years
ago. Still today, many tribes have no land base and many tribes have insufficient lands to
support housing and self-government. Most tribal lands will not readily support economic
development. And the legacy of the allotment policy, which has deeply fractionated
heirship of trust lands, means that for most tribes, far more Indian land passes out of trust
than into trust each year.

Moreover, the acquisition of trust lands is an important component of the Self-
Determination policy. As you know, President Nixon initiated the Self-Determination
policy in 1970. That policy ~ which has been strongly supported by every Administration
since that time — calls for renewed tribal control over tribal affairs. Self-Determination is
based on the premise that the tribes themselves, and not federal officials in Washington,
are best situated to address their own local problems. NCAI focuses much of its work on
advancing the principles of Self-Determination. While much progress has been made, we
still have a long way to go. As we see it, one of the major constraints in this regard

Page 5


95

United South and Eastern Tribes, Inc.
Position Paper

SUBJECT
DISTRIBUTION METHODOLOGY FOR THE FIVE-YEAR $150M GRANT TO THE INDIAN HEALTH SERVICE FOR
DIABETES PREVENTION, RESEARCH, AND TREATMENT IN AMERICAN INDIAN/ALASKA NATIVE COMMUNITIES

ISSUE .

tn accordance with the Indian Health Service (IHS) Tribal Consultation and Participation Policy, indian Self:
Determination and Education Assistance Act (P.L. 83-638), and an April 29, 1994-Memorandum from President
Wiliam J. Clinton to the Heads of Executive Departments and Agencies, the agency (IHS) shall consult to the
‘greatest extent practicable and to the extent permitted by law, with tribal governments prior to taking actions
that affect federally-recognized tribal governments. Consultation is defined as an enhanced form of communication
‘that emphasizes trust and respect. It is integral to a process of mutually satisfying deliberations to result in
collaboration and joint decision-making.

‘The IHS has instructed tribal governments to submit recommendations regarding the distribution methodology for
the five-year $150M grant tothe IHS for diabetes prevention, research, and treatment in American Indian/Alaska
Native Communities by November 28, 1997.

‘The United South and Eestern Tribes, In. (USET) is an inter-tribal organization that represents twenty-three
Tribes located in the states of Texas, Louisiana, Mississippi, Alabama, Florida, North Carolina, South Carolina,
New York, Connecticut, Rhode Island, Massachusetts and Maine.

‘The USET member tribes support using a needs-based distribution formula for the Diabetes Funds. Historically,
‘the tribes in the USET region he under-funded due to small population numbers even though eed may
be greater than those tribes with larger population numbers.

‘The USET Board of Directors, at the Annual Board of Directors Meeting held in Philadelphia, MS on October 30,
1997, passed Resolution USET 88:11. This resolution titled, “New Diabetes Funds,” is incorporated, as
“Attachment A,” for reference purposes.

Further, the USET Board of Directors has established an advisory committee consisting of health professionals and
Tribal Leadership whose pt rpase is to develop a distribution plan based on the needs of the lavian Health Service,
‘Tribes, and Urbans (VT/U's) within the USET region.

In response to USET 88:11 the Indian Health Service/Nashville Area Office (NAO) develeped a diabetes needs
‘assessment of the USET member tribes. The report titled, “Diabetes Needs Assessment,” is incorporsied as
“Attachment B” for reference purposes. In summary, this report will provide an overview of diabetes prevalence
in the USETINAD Area. Some of the highfights include:


33

The overwhelming majority of tribal comments told us our approach is not work-
ing. This response is prima facie evidence that our understanding of tribal consulta-
tion is misguided.

USET urges this committee to examine closely the FCC’s obliga-
tions in this area.

Obviously there undoubtedly will be other items of interest to our
member tribes which will come up during the course of the 107th
Congress, and we will want to be in communication with you.

One thing that has come to our attention about which we are
very concerned is NAGPRA. As you know, NAGPRA is under the
National Park Service. We are experiencing some real problems
with the National Park Service in their administration of
NAGPRA.

Under the act the Federal funded museums should have had
their inventories presented to the tribes at least 5 years ago. That
still today has not happened. There have been extensions and ex-
tensions and we still have not had those inventories of the Federal
funded museums. We certainly need those.

We believe it is a conflict of interest on the part of the National
Park Service because they have some of these lands that deal with
repatriation of Indian artifacts and funeral items back to the
tribes. They are controlling it under this. This is something we are
proposing and USET has passed a resolution. We failed to include
it in our attachments but we will get that to this committee along
with other papers on this particular issue.

We feel that NAGPA should be moved from the National Park
Service to some other entity that would be more responsive to the
needs of the tribes.

The requests we make of you—protecting tribal sovereignt:
through the legislation under the Senate Committee on Indian "AL
fairs’ jurisdiction, working with other congressional committees on
legislation of importance to tribes, building working relationships
with the new administration—are things we require of USET also.
We will do our part.

Again, thank you for requesting the input of the USET concern-
ing the legislative agenda of the 107th Congress.

I will be glad to attempt to answer any questions you may have.

[Prepared statement of Mr. George appears in appendix.]

Senator INouyE. Thank you very much for your very comprehen-
sive report.

I am pleased and I am sure the committee is pleased that you
consider tribal sovereignty to be of the utmost importance. It is our
desire that what we do will strengthen tribal sovereignty, enhance
it, and make certain that it is recognized and honored by the U.S.
Government.

Speaking of the United States and the government-to-govern-
ment relationship it has with tribal governments, it was felt that
the President of the United States should have a face-to-face, gov-
ernment-to-government meeting with tribal leaders. Soon after the
1992 elections, Indian leaders proceeded to send messages to the
White House requesting such a meeting. The White House ac-
knowledged and said, Fe we would be happy to do so but when
the plans were made, the White House made this a great photo op-
portunity. If you recall about 7 years ago on the White House lawn,


17

It is imperative that this process continues so that our needs and
concerns are heard. It is extremely difficult to provide quality
health care to our people with the current budgets. The funding
that we receive doesn’t even begin to address the health needs of
the Great Plains area.

The Great Plains area budget for fiscal year 2000 was
$175,715,000, when the need for $347,512. With this kind of
barebones budget, service units and health clinics operate by crisis
management or with a band-aid approach.

Our tribe, the Flandreau Santee Sioux Tribe, operates an out-
patient clinic with a 638 contract with the Indian Health Services.
In fiscal year 2001, our contract amount was $2 million.

According to the Level of Need Study by Indian Health Services,
we are funded at only 37 percent of our need. We have approxi-
mately 2,200 users on our reservation. This figures out to be less
than $1,000 per person.

Our mental health dollars in this contract were only $33,918.
This doesn’t even cover the salary or the fringe or the qualified
medical health professionals and the basic necessities.

Our alcohol funding for fiscal year 2001 was $83,000. Again, it
is extremely difficult to provide the services needed on a reserva-
tion with this low funding. Because this is such a huge need on our
reservations, the tribe commits a portion of the tribal dollars to al-
cohol and drug treatment each year.

The dental program for our tribal members. For fiscal year 2001
is $68,792. This does not even begin to cover the dentist’s or the
dental hygienist’s or the dental assistant’s salaries and fringe and
supplies needed to operate the dental clinic. Dental referrals out-
side of our clinic are put on hold, so the orthodontic and periodon-
tal referrals are gone.

Because we operate an outpatient clinic with a small lab and no
x-ray department, a good portion of our services are purchased out-
side with Contract Health Services dollars. This includes our physi-
cian, contract for OB services, x rays, mental health referrals for
evaluation and commitments and purchase of pharmaceuticals.

Our people cannot be referred outside the facility until they are
in a life threatening. You have to have a life-threatening situation
before you can referred out. Then, the price for service goes up and
the recovery is more difficult.

The entire Great Plains area operates on a Priority 1 status for
contract health. This makes it difficult to practice any kind of pre-
ventative medicine.

The larger tribes in the Great Plains area are in the same situa-
tion, but on a much greater scale because of their size, economy,
and population.

Our recommendation to all of you with regard to health care
issues in the Great Plains area is to continue the consultation proc-
ess, which began in the year 2000.

We invite Senators and Congressmen to visit the IHS and tribal
facilities on our reservations in your States and more importantly
to work to bring the Indian Health Services budgets up to an
amount where we can realistically address the health needs of our
tribal people.


61

XII. TRANSPORTATION

There is still an enormous need for physical infrastructure on Indian lands throughout the
country. This infrastructure is necessary for Indian tribes and their citizens to carry out
‘emergency services, law enforcement, and the transportation of goods and services.
Indeed, good transportation is fundamental to attracting private investment and enterprise
into Native communities. When entrepreneurs or investors are calculating whether to
invest in a community they first look to see if the basic building blocks exist within the
Roads, highways, electricity, potable water, and other amenities are critical
factors that investors look to before making their investment decisions.

NCAI appreciates the focus of this Committee in addressing the enormous need for
transportation infrastructure on Indian reservations throughout this country. However, in
the last Congress, legislation to remove the so-called “obligation limition’ from the Indian
Reservation Roads (IRR) program under TEA-21did not pass, nor were efforts to secure
additional resources to offset this obligation limit through the appropriations process
successful. This failure to fully fund the IRR program, despite significant advocacy efforts
by tribal governments underscores the need to enact legislation that would address this
issue. Therefore, NCAI fully supports S. 344 as it would provides a fix to TEA-21 by
removing the obligation limitation contained within the Act and would allow the already-
authorized funds for Indians to reach the intended beneficiaries.

XIU, TRIBAL-FEDERAL GOVERNMENT-TO-GOVERNMENT CONSULTATION

On November 6, 2000, the much anticipated Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments was signed. This Executive Order provides
that “each agency shall have an accountable process to ensure meaningful and timely
input by tribal officials in the development of regulatory policies that have tribal
implications.” This Executive Order was and continues to be viewed by Indian Country as
a very positive step in the strengthening of the government-to-government relationship.

NCAI and our tribal leader workgroup worked extensively with the Bureau of Indian
Affairs and the Department of Energy in formalizing consultation policies for those
agencies. However, we understand that the Department of Education is finalizing its
consultation policy and like other department or agencies, has failed to seek tribal input.
NCAI urges this Committee and Congress to support the Executive Order and to ensure
that its mandate is carried out. This is of particular importance, since the Administrations is
eating an Interagency Working Group on Federalism to consult with state and local
officials on issues pertaining to federalism including, but not limited to, the issuance of the
new Executive Order on Federalism.

In the words of Chairman Robert Chicks, co-chair of the tribal leaders workgroup on
consultation, ‘don’t make decisions about us

Page 16


130

2) provisions for tribally defined strategies for “permanence” that include
‘culturally appropriate options such as kinship care, guardianship
smrangemeats, and other tribally approved living arrangements that lead to
‘positive outcomes for Indian children;

3) that provisions mandate severe penalties for states which fail to comply with
the Indian Child Welfare Act.

CERTIFICATION

‘This resolution was duly passed at the USET Impact Week meeting at which a quorum was
present in Arlington, VA on Thursday, February 1, 2001.



114

© Honoring Tribal Sovereignty. in recent years, virtualy every legislative proposal
concerning American Indians has attempted to accomplish the same objective: diminish or
destroy tribal sovereignty. Last year, Representative Archer sought to levy an income tax on
Indian Tribes, threatening to confiscate 34% oftheir revenues—funds that are badly needed by
Tribal Governments to provided basic services to some of the poorest members of our society.
Other members of Congress have advanced proposals that woutd further diminish the boundaries
of our reservations. For example, on Apri 1, the Senate Commerce Committee considered a
ludicrous proposal that would redefine all Indian reservations to include only trust lands. Sadly,
this was no April fools joke. In addition, Indian Tribes are constantly confronting regulatory and
legislative initiatives that threaten to curtail or eliminate ther ability to self-regulate their own
economic affairs. In the nineteenth century, Indian people were decimated by the U.S. Army and
betrayed by a government in Washington that chose to live upto its treaty obligations only when
it was expedient to do so. Today, the objective of those who seek our destruction remains the
‘same; the only thing that has changed are the weapons they employ. If in fact, the Federal
Government genuinely desires to help Indian Country, the best thin it can do isto leave Tribal
sovereignty in tact and stop attacking our right to exist as sovereign nations. In 1990, President
Clinton said that the Federal Government respects our sovereignty and is committed to dealing
with Indian Tribes on a government to-government basis. We ask for nothing more; we will
accept nothing ess.

Honoring Trust Responsibility. Many in Congress point to the financial success of
one or two Indian Tribes as justification for substantially reducing, or eliminating altogether, the
few grant programs that have been created to provide basic health and education services on
Indian reservations. These programs represent a minute fraction of the entre federal budget and
fall short ofthe resources needed to build strong and stable Tribal Governments. However,
these programs provide not only the means by which Tribes can deliver certain services to their
‘membership, but can also be utilized as a step toward economic development. The health and
education of a Trine’s membership are two critical components required to ensure a Tribe's
success in economic development. As a Tre improves the health and education of it's
members then economic development can be realized through a skilled and healthy workforce.
‘Ata time when our country is enjoying unprecedented success and prosperity, itis a travesty
that some wish to take away from the poorest members of our society, what litle they have.

. Offer Meaningful Tax Incentives for Non-Indian Businesses. Congress has created
few, if any, meaningful incentives for non-Indian companies to establish new enterprises on
Indian reservations. What few incentives that do exist contain restrictions that completely
undermine “ve utility. For example, while sect" 7871 +! “he Internal Reven:+ “ode allows an
indian Tribe to issue industrial revenue bonds, such bonds will only qualify for tax-exempt
treatment if a substantial number of the employees of the financed activity are members of the
issuing Tribe—a requirement that virtually no Tribe can satisfy given the general unavailability of
skilled workers on Indian reservations. Tribal Governments, like all other governments, need
capital to build for the future and meet the current needs of their members. Given their general
inability to raise revenues through taxes, Tribes need the capability to offer attractive financing

Econ, Dev. Testimony JTM “419/88 Page 2


116

Unrren Sout ano Eastern Tatses. inc.

‘USET Resolution No, 2001:01

REQUEST TO AMEND P.L. 93-288 (STAFFORD ACT) TO GIVE AMERICAN INDIAN
AND ALASKA NATIVE TRIBAL GOVERNMENTS THE SAME STATUS AS THE
STATES, POSSESSIONS, AND OTHER TRUST TERRITORIES OF THE UNITED

STATES

WHEREAS, United South and Eastern Tribes Incorporated (USET) is an intertribal
organization comprising twenty-four (24) federally recognized tribes; and

WHEREAS, the actions taken by the USET Board of Directors officially represent the
intentions of each member tribe, as the Board of Directors comprises delegates
from the member tribes’ leadership; and

WHEREAS, American Indian and Alaska Native Tribal goveruments bold a unique status in
the United States with the rights and benefits of sovereign nations; and

‘WHEREAS, in recognition of the historic relationship between the United States and American
Indian and Alaska Native Tribal governments, the Federal Emergency
Management Agency (FEMA) has indicated support for a government-to-
government relationship with American Indian and Alaska Native Tribal
governments; and

WHEREAS, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-
288 as amended (Stafford Act) includes Indian Tribes and Alaska Native Tribal
‘governments in the definition of “Local Governments”; and

WHEREAS, the Stafford Act includes the District of Columbia, Puerto Rico, the Virgin
Aslands, Guam, Samoa, the Northern Mariana Islands, and the Trust Temntory of
the Pacific Islands in the definition of a “State” and subject to the same provisions
afforded a state under the Stafford Act; and

WHEREAS, in recognition of the trust relationship between the Federal Government and
‘American Indian Tribes and Alaska Natives, Indian Tribal Governments and
Alaska Native Tribal governments sbould be afforded the same status as other
‘must territories, possessions, and the states; therefore, be it

RESOLVED the USET Board of Directors requests that the United States Congress amend the
‘Suafford Act to give American Indian and Alaska Native Tribal governments at 1
‘minimum the same status as the states, possessions, and other trust territories of
‘the United States; be it further

RESOLVED, the USET Board of Directors supports amending the Stafford Act and working
‘with FEMA to recognize the trust responsibility and the unique government-to-
government relationship that exists between American Indian and Alaska Native
‘Tribal governments, affording them the highest recognition of a government-10-
‘government relationship.

CERTIFICATION
‘This resolution was duly passed at the USET Annual Meeting, at which a quorum was present in

a :

Kelier George, President Beverly Wright, Secretary
United South and Eastern Tribes, In. United South and Easter Tribes, ne

“Because there is strength in Unity”


4

reservations and further alleviate the unemployment and poverty
problem.

Futher, NCAI would strongly urge this committee to support
funding levels identified in our previously submitted appropriation
testimony that would alleviate their problems.

Under Indian Health Service, this committee knows firsthand
the quality of health care for tribal members has and continues to
be a number one priority for all of us.

NCAI is appreciative of the focus the committee has provided on
the reauthorization of the Indian Health Care Improvement Act.
We look forward to working with the committee during this Con-
gress to support S. 212.

We also want to reiterate our support for the elevation of the
THS Director to Assistant Secretary of Health and Human Services.

Under Indian Education, last week the National Indian Edu-
cation Association provided testimony supporting S. 211, the Na-
tive American Indian Education Improvement Act of 2001. We also
support the several recommendations made that would address the
many needs of Indian students in Indian schools.

In our cooperative spirit, we support NIEA and other Indian edu-
cation organizations in their efforts to bring quality education as
well as safe and modern schools to all Indian students.

We also ask the committee to review President Bush’s proposed
new education strategies and we ask that this committee look at
the educational demands placed on Indian schools, which already
face limited resources. We truly do hope that this administration
will hold true to its promise to ensure that every child receives an
education.

Under welfare reform, also due for reauthorization, as you know,
this act provided a major change in Federal policy concerning as-
sistance to poor families and children. Unfortunately, tribal com-
mittees have particularly and uniquely been affected by welfare re-
form.

Because of disproportionate poverty rates, rural geography, inac-
cessibility of services and high cost of service delivery, lack of an
economic base, inadequate training, lack of job opportunities and
the lack of basic transportation welfare reform continue to be
unique challenges for tribal governments.

Tribes administer a variety of programs under welfare reform.
Today, 30 tribal TANF plans serve 158 tribes and they have all
been approved. While struggling with limited resources and the
lack of employment opportunities on reservations, tribes have made
great strides in offering coordinated, holistic support services to our
tribal members.

We look to this committee and the reauthorization of welfare re-
form to include the following guiding principles that are essential
elements for this legislation:

Provide funding directly to tribes;

Adequate funding to meet tribal needs;

Flexibility to serve the needs of a wide variety of persons on wel-
fare, including education, job creation and economic development
opportunities;


93

‘on GRAFT

$35.86M will be distributed using a “new” formula at the discretion of Dr. Trujillo based upon
recommendations made by the CHS Workgroup end AVIAN tribal governments,

Inflation Funding for Historical Base Amounts: The IHS budget has not consistently received funding
increases to adjust for inflation. The CHS Workgroup believes that the CHS fine item, perhaps more than
‘any other in the IHS budget, is impactee by inflation, The erosion of purchasing power created when
‘appropriations do not keep up with inflation negatively affects AIAN tribal governments and their ability to
provide needed healthcare services to their people. Therefore, the USET tribes strongly agree with the
inclusion of an inflation component in the proposed CHS distribution formula. Furthermare, the USET
tribes agree that this factor should be reviewed each year to update the inflation rate utilized in relation to
Additional increases and the other components of the proposed formula.

Active User Numbers: The USET tribes agree with the basic premise that as more people are served,
more healthcare services are required. Therefore, the USET tribes concur with the inclusion of a
Population component in the proposed CHS formula. Furthermore, the USET tribes agree that the most
recent verifiable data available should be included in the calculation of the distribution formula each year.

Geographic Cost Adjustments: The impact of local price variations must be taken into consideration to
ensure that each AVAN tribe is treated fairly when distributing resources based upon need. This impact
should be reviewed for both inpatient and outpatient healthcare services. Furthermore, local data has to
be used consistently as it relates to individual AVAN tribal governments. Therefore, the USET tribes
concur with the inclusion of the geographic cost adjustment as proposed by the CHS Workgroup. The
USET tres also recommend that locally verified data be considered for use in the formula calculation in
future years.

Access to Health Care: The USET tribes agree withthe basic premise that as 1HS funded inpatient
facilities are available forthe provision of healthcare services, less reliance on CHS resources is realized.
‘Therefore, the USET tribes concur withthe inclusion of an access variable that gives preater consideration
to those AIAN tribes with no access to an IHS funded inpatient facility. However, the USET tribes
tecommend that this factor be further refined in future years to more accurately portray the extent of an
AIAN tribe's reliance on CHS resources.

RECOMMENDATIONS
‘The USET Board of Directors, which is comprised of the top two elected officials from each of the twenty-four
member tribes, makes the following recommendations:

1. Dr. Michael Trujillo, DirectorHS, should authorize the utilization of the CHS distribution formula, as
proposed by the IHS Contract Health Services Workgroup, forthe allocation of the $40M FY 2001 CHS
funding increase.

2. Distribution of the FY 2001 CHS funding increase should commence immediatly.

3. The IHS should continue to work directly with AIIAN tribal governments in future years regarding the
continuous improvement of all allacation methodologies, and incorporate the most currant date availabe.


38

do have property on the mountaintops and different places like
that, so we are looking into that.

I think there has to be some type of organization or some eco-
nomic development. Maybe the National Center on Economic De-
velopment could help the tribes in looking for those alternative en-
orgy development projects. I’m in full support of that, Senator.

enator INOUYE. I would respectfully suggest that the leadership
of Indian country get together and consider forming some sort of
organization because otherwise, the major energy companies will
play one against the other and divide all of you. If you all got to-
gether, you would have a vast resource. It is going to be a powerful
resource. Before you are all divided by others, 1 would suggest you
get together.

Mr. GEorRGE. Within USET, we have an economic development
committee that is working on a number of things. More than likely
USET will take the lead in this area because we have been pro-
gressive over the years. This committee is looking at all types of
economic development projects we can do as individual tribes or
even together.

Senator INOUYE. Do you believe we should have another revision
of the definition of class II gaming?

Mr. GEORGE. In some instances, I do, particularly in the defini-
tion of the classification of machines. There has been some move-
ment and some determination made by the NIGC on certain ma-
chines determined to be pull tab dispensers but I think there are
some machines that are not slot machines that could be used in
class III or class II operations.

The NIGC came out with regulations to define what class II was
but after looking at them, we’re not so sure the NIGC under the
IGRA, has the authority to promulgate those regulations.

I was in Tulsa well over 1 year ago and testified before the
NIGC. The major theme of all the tribal testimony on reclassifica-
tion of games was not in support of the way they had come up with
those regulations. However, we do know there is a need for tribes
such as the tribes in Oklahoma that have only class II gaming and
have not been able to enter into the class III arena.

We would be willing to take a close look at that but we encour-
age the NIGC, the way they are working now, there are some
games that have been reclassified such as Mega Mania, Diamond

ames, to name a few, reclassified to be able to be used in class
II facilities.

Senator INOUYE. Do you believe the time has come for the com-
mittee to conduct oversight hearings on the implementation of the
gaming laws?

Mr. GEORGE. Yes, sir; definitely do.

Senator INOUYE. We will consider that but you have to keep in
mind that may open Pandora’s box too.

Mr. GEoRGE. Yes; I was involved in the process you and Senator
McCain initiated with the Governors and attorney generals in
1992, I believe. I was intimately involved in all those meetings and
we thought we could get an agreement without opening the IGRA.
If the IGRA is opened, we have a fear most of what we enjoy today
would go away. So we have a very, very grave concern but if legis-
lation could be targeted specifically for a certain area.


125

e | _ Unrrep Sours ano Eastern Tres. inc.

ESI
@

USET Resolution No. 2001: 043

SUPPORT FOR DR MICHAEL H. TRUJILLO TO COMPLETE HIS TERM AS
IRECTOR, INDIAN HEALTH SERVICE

‘WHEREAS, United South and Easter Tribes Incorporated (USET) is an intertribal
organization comprising twenty-four (24) federally recognized tribes; and

WHEREAS, the actions taken by the USET Board of Directors officially represent the
intentions of each member tribe, as the Board of Directors comprises delegates
from the member tribes’ leadership; and

WHEREAS, the Indian Health Service (IHS) is obligated to provide health services to
‘American Indian/Alaska Native (AVAN) people in fulfillment of the Federal
Governments’ trust responsibility, and

WHEREAS, Dr. Michacl H. Trujillo has been a commendable advocate for AVAN people and
‘their healthcare needs for the past six years, and

WHEREAS, Dr. Trujillo has a Senate confirmed term that expires in June of 2002; therefore,
be it

RESOLVED the USET Board of Directors supports Dr. Trujillo in his current position as
Director of the IHS; be it further

RESOLVED the USET Board of Directors respectfully requests that the Bush-Cheney

‘Administration allows Dr. Trujillo to remain in his position for the remainder of
‘the Senate confirmed term.

CERTIFICATION

‘This resolution was duly passed at the USET Impact Week Meeting, at which a quorum was
‘Present in Arlington, VA on Thursday, February 1, 2001.

Kheucy- cn Mid. Qt

Keller George, Presideat
United South and Eastem Tribes, inc. Dat socbnd ramen rites, e

“Because there is strength in Unity”


100

Attorneys that set standards for bringing cases to the Federal Court level.

3. Encourage the U.S. lustce Department and the U.S. Department of the Interior to give more
support to Tribal police department.

‘SUMMARY:

‘The purpose of this Advocacy Pan is to promote a unified view of the problems and difficulties within the
Indian community and to encourage negotiations and discussions with Congress and the Administration on
critical American Indian Policy issues.

‘The USET member Tribes hereby call upon the U.S. Department of Justice and the U.S. Department of the
Interior to strengthen their support of Tribal law enforcement agencies and to develop mechanisms that will
enhance the credibility and effectiveness of Tribal law enforcement agencies. This can be done through the
establishment of specialized bureaus within the respective U.S. Attomeys' offices to more effectively handle
criminal cases occurring within the Indian reservation lands.

The USET Tribes recognize that some progress has been made in the Tribal Justice area over the past few
years, however, the non-recognition of authority the disrespect by other law enforcement agencies is
Continuing to hamper the effectiveness of the Tribal law enforcement agencies. This result has a negative
social, cultural, and economic impact on Indian communities. The USET Tribes are convinced that there are
solutions to these problems. The federal government is obligated through its government-to-government
relationship with federally recognized Tribes, to contribute to these solutions. The USET Tribes call for a
working partnership between the United States Government and the twenty-four USET Tribes to address
these issues.

Keller George, USET Pri


APPENDIX

ADDITIONAL MATERIAL SUBMITTED FOR THE RECORD

PREPARED STATEMENT OF THOMAS R. RANFRANZ, PRESIDENT, FLANDREAU SANTEE
Sioux TRIBE, FLANDREAU, SD

My name is Thomas Ranfranz, president of the Flandreau Santee Sioux Tribe,
Flandreau, SD.

On behalf of the Great Plains people I appreciate the opportunity present our con-
cerns. The Great Plains Region is comprised of 16 tribes with a land base of 7 mil-
lion acres and approximately 200,000 population.

In a united front, we are presenting our needs to be heard and demand that the
U.S, Government uphold its unique legal relationship and trust responsibility as
stated in the U.S. Constitution and numerous treaties.

We, the Treaty Tribes within the Great Plains Region, exercise our rights by hold-
ing the Federal Government to its treaty and trust responsibilities, and demand an
program increases be distributed in such a manner ag to upgrade the quality of life

for Indian people. Historical underfunding has been the main factor contributing to
the current economically depressed environment of our people.

The Great Plains Tribes’ Reservations are situated in extremely isolated locations,
on lands that the territorial governments and settlers least desired. According to the
Census Bureau, the Great Plains Area has 3 of the poorest counties within the
United States. Shannon (average annual wage-S11,6310.), Ziebach (average annual
wage-$12,062.), and Todd (average annual wage-$11,197.) counties are located with-
in reservation boundaries in the State of South Dakota. Further, 9 of the poorest
38 counties within the United States are located in South Dakota and North Da-

cota.

The Great Plains tribal leaders want an acceptable quality of life for their people.
Until the quality of life, that is, poverty, unemployment, education, and housing on
Great Plains Reservations are comparable to the rest of the American people, the
Federal Government must increase and maintain its funding support to meet its ob-
Uigations as agreed upon.

e Great Plains Tribes want to go on record that we oppose the current budget
formulation process of prioritizing our top ten programs. Each program has equal
importance. Each of the 16 tribes in the Great Plains Region has different needs
for their unique situation on their Reservations. Choosing 10 of the most important
programs forces division among our nations.

Of particular importance to achieving this desired quality of life are education
programs. TPA programs include: Scholarships, Johnson O'Malley, Adult Education,
and Tribally Controlled Community Colleges. Education is the means by which our
tribes will attain self-sufficiency, economic development, sustainability, and most
importantly, survival. We applaud the Bush administration's commitment to provide
additional Indian education construction funding. We also appreciate the support of
many committee members for your hard work in increasing the funding for school
renovations, repairs, and replacements. This commitment to BIA schools is a very
positive sign and we thank you.

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