59

Mille Lacs Band of Ojibwe - MAST Senate Testimony
June 19, 2001

NEW ECONOMIC DEVELOPMENT AMENDMENT

Public Law 102-477, the Indian Employment and Training and Related
Services Demonstration Act of 1992, allows Tribes to integrate the employment,
training and related service they provide in order to improve the effectiveness of
these services, reduce joblessness and serve tribally-determined goals. Many Tribes
have adopted new and innovative approaches to restructuring and integrating their
services utilizing Public Law 102-477. Indian tribes struggle with limited resources
and lack of employment opportunities on reservations and have made great strides
in offering coordinated support services to their tribal members. For generations
poverty has been prevalent in many of our Indian communities, in part as a result
of past federal policy. Many tribes suffer from extremely high unemployment rates.
Because of the remoteness of most Indian reservations, economic development and
job opportunities are few.

There is a major unmet need in Indian Country for an economic
development initiative which creates employment opportunities for tribal members
moving from public assistance to self-sufficiency.. Without job opportunities, any
welfare-to-work programs will fail. The Mille Lacs Band would like to propose that
Congress develop a Tribal Demonstration Project which would include economic
development grants. The grant program would assist tribes in the development and
implementation of management and infrastructure capability; coordinate economic
development related programs and services more effectively: assist in developing
tribal business ordinances; and generally encourage economic development. This
demonstration project should have stable base funding and be awarded to
competitively selected Indian Tribes and Alaskan Native Villages for comprehensive
economic development. The project would encourage tribes to design, improve or
expand economic goals that use the available human, natural, financial, and
physical resources to which the tribes have access.

Such an amendment would fight the poverty that exists on many
reservations across this country. Indian families cannot move from welfare to work
if there is no work.

CONCLUSION

‘The Mille Lacs Band looks forward to working with the Committee on these
and other issues. We believe in the preservation and protection of our land whether
it is held in trust or fee as well as self-governance and economic development for
ourselves and all Indian tribes. We believe that the proposed legislation I have
outlined are positive steps in achieving all of these goals and therefore ask you to
seriously consider adoption of legislation incorporating these measures. For this
opportunity to share the views of the Mille Lacs Band, I say “Miigwetch” - thank
you.


25

So, you have three levels of monitoring as it is now, unlike the
State of New Jersey which, I assume, has one?

Mr. DANFORTH. Three official levels, the Federal, the State and
our own Tribal Gaming Commission is a seven-member commis-
sion. They serve 3-year terms. They go further into our own inter-
nal security and monitoring and observation.

So, altogether, through our internal security and Gaming Com-
mission and licensing agent, and the State’s regulatory body who
we pay to, also, and the gaming fee that we pay to the State each
year, all totals, just for our tribe alone, more than $9 million a

ear.

: Senator CAMPBELL. More than $9 million? That is the cost to the
tate?

Mr. DaNnFrorTH. No; that is our total cost for Federal, State, and
local, tribal regulatory matters.

Senator CAMPBELL. Do you have any idea about what the total
cost is to all tribes if you add those three different levels, State,
local and their Federal costs?

Mr. DANFoRTH. I would have to just to just speculate. But I will
find the answer and I will submit that.

Senator CAMPBELL. I would appreciate if you would make that
information available to the committee if you can find it.

Mr. DanrorTu. I will do that.

Senator CAMPBELL. Thank you. Thank you, Mr. Chairman.

The CHAIRMAN. I would like to thank Vice Chairman Ben
Nighthorse Campbell for chairing this hearing.

ne behalf of the committee, once again, I thank this panel of
witnesses very much.

I now call the members of panel III, Ms. Ardith “Dodie” Cham-
bers, treasurer of the Grand Traverse Band of Ottawa and Chip-
pewa Indians of Michigan; Mr. Thurlow “Sam” McClellan, coun-
cilor, Grand Traverse Band of Ottawa and Chippewa Indians of
Michigan; Ruby Camp, council member, Lac Vieux Desert Tribal
Council of Michigan; Mike Christensen, council member, Lac du
Flambeau Tribal Council of Wisconsin.

Welcome to the committee. May I now call upon Ms. Chambers?

STATEMENT OF ARDITH “DODIE” CHAMBERS, TREASURER,
GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDI-
ANS OF PESHAWBESTOWN, MI

Ms. CHAMBERS. Good morning. Thank you for having our tribe
here. My name is Ardith Dodie Chambers. I am a member of the
Grand Traverse Band of Ottawa and Chippewa Indians in
Peshawbestown, MI and the treasurer of our tribal council.

I have served my tribe all of my adult life. You have facts and
figures in front of you as far as housing, what our own tribe has.

‘What I want to do is tell a story about how that happened and
what we don’t have. So, at this point, I was involved with Federal
recognition of our tribe back in 1980. Prior to that, when I left
home there were about 10 houses left in our village. Our village
was, struck with small pox back in the 1800’s and a lot of people

ied.

But back in the 1960’s now, there was as few as 10 houses left
at our tribe. This was because we did not have Federal dollars and


COMMITTEE ON INDIAN AFFAIRS

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

MARIA CANTWELL, Washington
Patricia M. Ze, Majority Staff Director/ Chief Counsel
Paut. MOOREHEAD, Minority Staff Director {Chief Counsel

(u)


68

Status Report on Unmet Needs for the
White Earth Reservation, Minnesota
June 2001

The White Earth Reservation is located in Northwestern Minnesota. Included
within our boundaries are three of the most impoverish counties in our state. High
unemployment and the lack of economic opportunities exist for the approximately
9,000 residents of this reservation. The Indian population is about 30% of the total.
We have experienced limited economic growth and increased employment
opportunities do in large part to our gaming enterprises. However, the economic
boom and period of prosperity that this great country is experiencing collectively
does not translate to the people of White Earth at the same pace as the mainstream
society.

The White Earth Reservation has a number of funding deficiencies in our prograrns
that impede our efforts to provide a safe environment and high quality of life for
our people. This report will present issues and concerns that require additional
allocations of resources to insure our ability to provide quality services for the
membership of the White Earth Reservation.

Public Safety, Law Enforcement & Tribal Court Needs

The State of Minnesota is one of six states that placed Indian Reservations under
Public Law 280. Public Law 280 restricts civil regulatory statute enforcement by
State and County Law Enforcement authorities. Multi-government agreements and
supportive State of Minnesota legislation assisted in the establishment and
recognition of a Tribal Police Force on White Earth Reservation. White Earth
Reservation has taken bold moves to address law and order issues. However,
these efforts depend on Department of Justice funding.

The current FY 2001 budget for Public Safety and Law Enforcement on White
Earth Reservation is:

U.S. Department of Justice $2,202,236 18 Officers
White Earth Tribal Council $689,529 10 Staff/Support
U.S. Department of Interior $197,297 1 Staff

Unmet Needs Budget Analysis

Department of Public Safety/Police Operations $3,224,257
(staffing estimate)


9

Chairman Inouye, SCIA
Re: MAST Hearing Follow-up Response on Tribal Economic Development
July 10, 2001 — Page 2 of 3

around for years to invest in revenue-generating projects on Indian lands due to an overtly
complex and time consuming trust land acquisition process. Legislation may be needed to create
enforceable deadlines for timely review of trust acquisition requests. Efforts to devote additional
resources to the trust acquisition process should be also supported.

% Second, increased authority for Tribes to initiate tax-free bond offerings as a way to
subsidize initial start-up costs for developing economic ventures.

Legislation has been introduced in the House this session that would provide this authority. H.R.
2253, Tribal Government Tax-Exempt Bond Authority Reform Act of 2001. This bill amends
Subsection (c) of section 7871 of the Internal Revenue Code of 1986 (relating to Indian tribal
governments treated as States for certain purposes) to allow Subsection (a) of section 103 to
apply to any obligation issued by an Indian tribal government (or subdivision thereof) if such
obligation is part of an issue representing 95 percent or more of the net proceeds used to finance
any facility located on or in close proximity to an Indian reservation. In the case of an obligation
not described in subparagraph (A) (because the facility to be financed is not located on or in
close proximity to an Indian reservation), such obligation can be part of an issue for which
substantially all of the proceeds are to be used in the exercise of an essential governmental
function. We would hope that the SCIA would introduce similar legislation, or support this bill
in the Senate.

> Third, increased tax and investment incentives, such as tax-free capital gains on interest
generated from the financing of Tribal development projects by private investors.

Many potential investors are weighing the options of investing in Indian Country verses the same
investment flowing to non-Indian projects. With the burden of fee-to-trust applications and the
myriad of environmental hurdles that Tribes and their investors must wade through just to secure
approval to begin development, additional incentives must be offered to these investors that tip
the scales in favor of investing in Indian Country. Potential investors have identified tax-free
capital gains as one investment incentive that would be hard to ignore if it were available to
them, We ask that the SCIA explore the possibility of introducing such a measure as part of an
overall economic development expansion package that would help bring non-Indian investment
dollars onto Tribal lands.

> Fourth, increased accelerated depreciation of equipment, taking the current 2 years-to-]
depreciable rates up to a 3 years-to-] depreciable plan for economic development projects
created on Tribal lands.

Bi-partisan legislation has been introduced in the House that amends the Internal Revenue Code
to permanently extend the Indian employment credit and the depreciation rules for property used
predominantly within an Indian reservation. The bill, H.R. 224, awaits action by the Committee


15

thority for tribes to initiate tax-free bond offerings. Third, increas-
ing tax and investment incentives, such as tax-free capital gains on
interest generated from the financing of tribal development projects
by private investors. Fourth, increased accelerated depreciation of
equipment. Fifth, provide Federal funding incentives to State and
local governments that actively and fully in the cost sharing of In-
dian economic ventures that will direct benefit non-Indian commu-
nities as well as tribal communities.

The next greatest needs would be the Indian health. As I know,
the IHCIA expired at the end of fiscal year 2000, making it even
more critical that this Congress reauthorize one of our most impor-
tant Federal Indian laws addressing health care for our people.

In the past 6 years, LVD health care services have increased sub-
stantially in each of those years, with the cost of operating the
tribe’s health clinic increasing as well because of the increase in
the tribal community.

As with many tribes, our cancer and diabetes rates are well
above national average. In addition, alcoholism, drug abuse, sui-
cides, teen pregnancy, and domestic violence continue to destroy
and demoralize our tribal communities.

LVD is currently in the process of compiling health care statistics
on current service area populations, along with current health care
and services costs and projections. As the increased health care
needs of the tribe’s service area population over the next ten years
grows, we will provide a report to Congress and the administration
of such findings, once completed.

We hope that this information will help to increase the tribal
Federal health care funding.

In conclusion, I wish to thank the chairman and the distin-
guished members of the Senate Committee on Indian Affairs for
the opportunity to testify today on these issues. I will answer any
questions and 1 thank you for the time.

Senator CAMPBELL. Thank you, Mr. Chairman. I have a few
questions, but we will go on to Chairman Danforth and Chairman
Chingwa before we proceed with questions.

STATEMENT OF GERALD DANFORTH, CHAIRMAN, ONIEDA
NATION, ONIEDA, WI

Mr. DaNnFortH. Mr. Chairman and members of the subcommit-
tee, [Native words]. That means “hello and this is a very good day.”

I am Gerald Danforth, chairman of the Onieda Tribe of Wiscon-
sin. I would like to comment on three areas: First, amendments to
the Indian Gaming Regulatory Act; second, the oversight hearings
that tribes would like this committee to consider during the 107th
Congress; and third, the economic impact that Indian gaming has
had on MAST-member tribes.

First of all, amendments to the Indian Gaming Regulatory Act.
Mr. Chairman, this year, you along with Senator Inouye introduced
the Indian Gaming Regulatory Improvement Act of 2001. There are
several provisions in this bill that have been topics of discussion
among tribes and tribal gaming regulators for several years.

This bill comes as welcome news to Indian country. Specifically,
the bill is helpful in the following ways: One, it provides that class


14

Statement of Chairman McGeshick, Lac Vieux Desert Tribe
MAST Hearing, Senate Committee on Indian Affairs
June 19, 2001 -- Page 3 of 6

By providing tax credits for investors willing to invest in projects on Indian lands, providing for
the issuance of tax-exempt bonds by Tribal governments, and further funding Indian
empowerment zones grant funding, Congress and the Administration will help to ensure that
Indian Country is provided the appropriate tools to create sustainable economies and reach the
ultimate goal of economic self sufficiency for all Tribal governments

Law Enforcement ~ A key principle of the Federal-Tribal relationship is protecting and
encouraging Indian self-government. To achieve self-determination, Tribes require a long-term
Federal commitment and adequate funds to develop self-government, an economic base, and
social and educational institutions that enable them to benefit from America’s prosperity and
preserve their cultural heritage. A key component to this goal is adequate police and other law
enforcement protection services and facilities throughout Indian Country. The prior
Administration proposed a multi-agency initiative to accelerate law enforcement efforts in Indian
country, including the strengthening of core law enforcement functions such as increasing the
number of criminal investigators, uniformed police and strengthening basic detention center
services.

Parallel with Interior efforts, the Department of Justice also sought to create law enforcement
programs on reservations, such as drug testing and treatment, juvenile justice, and assistance to
‘Tribal courts. These initiatives responded to severe, long-standing deficiencies in the provision
of law enforcement service in Indian country that has reached a crisis level. This crisis is
evidenced by the homicide rate on Indian lands that has soared by 87 percent in the last five
years, even as the homicide rate declined nationwide by 22 percent. Many Tribes throughout
indian country lack adequate funding to provide a basic level of security in their communities,
such as 24-hour police force coverage and protection. In addition, many police units on
reservations lack the technical and human resources they need to ensure their own safety
Overall, crime has become a serious hindrance to Indian Tribes’ efforts to achieve meaningful
self-governance and ensure peace and stability in their communities.

In discussions with LVD's Police Captain, Mike Hazen, it was leaned that the Tribe has spent
well over $700,000 in constructing the Tribe’s current Tribal Police Headquarters, In addition,
over $867,072 in Tribal contributions was dedicated to the LVD law enforcement program over
the past five fiscal years. It is my understanding that the Tribe, based upon promises made by
the U.S. Departments of Justice and Interior that supplemental program funding would be
forthcoming, approved much of these expenses. As have been informed, however, no
additional Federal funding has been received by the Tribe to date, and without an immediate
influx of Federal program dollars, the Tribe’s Police Department will not be able to meet its
expectations of providing appropriate law enforcement and protection to the Tribal community,

Ihave asked the Tribal Police Department, along with the Tribe's Chief Financial Officer to
provide me with as much statistical information as available (detention and deterrence program


32

just a brief that I gave you, but we can give you more detail to help
you about the problems that we face on our reservation.

The CHAIRMAN. What is your major concern, lack of funding or
lack of concern by State authorities?

Mr. MCCLELLAN. Well, it appears to us that it is the lack of rec-
ognizing that we can govern our own tribe and we can help our
own people. What we have found is not recognizing our own tribal
government and our own ICW staff in being able to handle the
problems and things that we face on our reservation and in our six-
county area service.

That has been a major one. We have made ground in this area
by going to the different court systems and informing them of how
this works. But even after years of doing this, we still come up
with last minute notification before some of our native kids are
adopted that, “Hey, we have a Native American here.” Sometimes
we don’t find out until afterwards that they are adopted because
we were never notified.

That has always been a continued problem among the courts. I
still feel the courts do know, it is just that they don’t want to recog-
nize that we are a government, we are a tribe and we do know how
to handle the situations and things in our own community.

We can make decisions, too, but it has just been a very big prob-
lem in our area.

The CHAIRMAN. Council Member Camp, I agree with you on hav-
ing health care as an entitlement because I Fave long maintained
that Indians have made the necessary down payment. You have al-
ready paid for your premiums. You have given your land. You have
given your people and made many sacrifices. So, I am with you.

Have you discussed this matter of your elders with the National
Indian Council on Aging?

Ms. Camp. My sister is more of an authority on this subject than
I am because she works with Indian elders every day. I can get
that answer for you from her and put that in writing to you very
soon. But I really don’t know.

The CHAIRMAN. I think it might be helpful because this council
has some expertise on how to deal with problems of elders. But we
will try our best. I think that is the least we owe our elders.

If I may now call upon Mr. Christensen, do you believe that Con-
gress, should provide a statutory framework for taking land into
trust?

Mr. MCCLELLAN. I certainly do believe that. I think the 120-day
waiting period is quite extensive because right now we are paying
property taxes on land that we have purchased years back.

‘A , I sit on the town board government there, so I sit on two
different governments. It is not really harmful to the town govern-
ment that we buy the forestland back, which we are trying to get
right now. The town government is aware of it. They go along with
it.

If Congress would appropriate more money for the bureau, it
would help us with our allotted land fee and getting some of that
land back that would strengthen our government again. I think the
120 days is quite a long time. When you count the number of In-
dian tribes you have within this country, we are only a fraction of
what the population is. Then to ignore us for 6, 9, 10 years at a


103

sexruceron meson cons masen eAsameoncron sugve sepa
ELSES CE sae ooo won BEE
va
> . . ,
fu The Minnesota Chippewa Tribe...
0 soxst7 cass Lane ssa 37 eiBee
: Sean

May 16, 2001

‘The Honorable George W. Bush, President
United States of America

1600 Pennsylvania Avenue NW
Washington D.C. 20500

Dear President Bush:

1 am writing to you at this time to ask your assistance with an information issue which is
critical to the health and welfare of the Minnesota Chippewa Tribe. The issue of concer is the
release of final Federal guidance regarding a group of environmental contaminants commonly
identified as dioxins. The potential impact of these contaminants on the 40.000 members of the
Minnesota Chippewa Tribe (MCT) is critical to our risk communication efforts,

As you know, dioxins are not intentionally produced as a commodity. Rather, dioxins are
by-products of chemical production and combustion processes; most dioxins produced today
‘come from the incineration of municipal and medical wastes, particularly plastics. These dioxins
from combustion sources fall out of the atmosphere onto our lands and waters. making their way
into the respective food chains, ending up in fish, meats, dairy products and other food sources.

A Federal Environmental Protection Agency study to assess the potential human health
impacts of dioxins was initiated during your father's Presidential Administration. After five years
of assessment that study was judged to need a scientific reassessment. 1 am informed this Federal
reassessment continues today.

In 1998 the World Health Organization (WHO) reviewed the existing science regarding
dioxin and recommended that the daily human intake of dioxins not exceed 1.0 picogram per gram
‘Toxicity Equivalency (TEQ) per kilogram of body weight. My technical staff inform me that this
recommended daily intake may be easily exceeded by consuming some common foods, such as
hamburger and cheese, in relatively small portions. Some of these foods are provided monthly to
the six MCT Reservation Commodity Centers by the Federal Government.

[MEMBER RESERVATIONS + B0!S FORTE + FOND DU LAC « GRAND PORTAGE = LEECH LAKE + MILLE LACS + WHITE EARTH

TMAH MAHON
“We all come together”



APPENDIX

ADDITIONAL MATERIAL SUBMITTED FOR THE RECORD

PREPARED STATEMENT OF GERALD DANFORTH, CHAIRMAN, ONEIDA TRIBE OF
WISCONSIN

Good Morning Chairman Inouye, I am Gerald Danforth, Chairman of the Oneida
Tribe of Wisconsin. I would like to comment on three areas: Amendments to the In-
dian Gaming Regulatory Act that tribes believe are necessary; the oversight hear-
ings tribes would like this committee to consider holding during the 107th Congress;
and the economic impact Indian gaming has had on the MAST member tribes.

Earlier this year, you along with Senator Campbell introduced S. 832, the Indian
Gaming Regulatory Improvement Act of 2001. Several of the provisions included in
this bill have been the topics of discussion for several years by both tribes and tribal
regulators and come as very welcome news to Indian country. Specifically, we be-
lieve the bill is helpful in the following ways:

No. 1. Provides that class 11 games using electronic, computer, or other
technologic aids are not to be defined as Gambling Devices under the Johnson Act.
This provision will bring IGRA into conformance with several recent court decisions
holding that many of the technological aids used by tribes to assist in the play of
bingo and pull-tabs do not violate the Johnson Act.

No. 2. Requires tribal gaming commissioners and commission employees to be-
come subject to background checks, such as those conducted on primary manage-
ment officials and key employees. This provision closes a gap in current law and
is welcome.

No. 3. Requires the National Indian Gaming Commission to levy fees against trib-
al operations that are reasonably related to the duties of and services provided by
the Commission to tribes, and in certain instances, to reduce the level of fees pay-
able by those operations. The Oneida Tribe contributes over $9 million annually to
the regulatory aspects of our gaming operation. In an effort to make certain tribes
are able to use funds generated by our casinos to directly meet the needs of our com-
munities, costs associated with unnecessary regulatory overlap must be minimized.

No. 4. Directs the NIGC to commence a process of negotiated rulemaking to pro-
mulgate regulations relating to the monitoring and regulation of tribal gaming, the
establishment and regulation of internal control systems, and the conduct of back-
ground investigations. Such regulations must be published ia proposed form within
L-year of passage of this bill, and in a change from S. 2920 in the 106th, Congress,
S. 832 would sunset the NIGC’s minimum internal control standards 1 year after
the passage of the bill.

though this bill addresses several of the concerns raised by tribes over the
years, it does not provide for an alternative compacting process as tribes have re-
quested since the Supreme Court’s decision in Seminole. Additionally, we believe
IGRA should be amended to more clearly and forcefully prohibit the ability of states
to demand financial compensation from tribes as a condition before entering into or
extending class III compact agreements. In the recent past, the Bureau of Indian
Affairs has been far too willing to approve such provisions under the guise that

(39)


64

Throughout 2000, IHS has consulted with tribes and tribal and urban Indian
organizations, including the National Congress of American Indians, the Tribal Self-
Governance Advisory Group, the Level of Need Funding Work Group and the National
Indian Health Board in the development of the 2002 budget.

This process has lead to the development of an $18 billion needs-based budget.
This figure includes a non-recurring $8.7 billion facilities construction request and $10
billion to fully fund the health care needs of American Indians and Alaska Natives, As a
representative of the Leech Lake Band and MAST. | fully support the FY 2002
recommendations made by the LNF Workgroup.

We understand that the Indian Health Care Improvement Act will require
reauthorization for fiscal year 2002 and beyond. Legislation to reauthorize and amend
the Act is pending before this Committee as 8. 211 and before the House as H. R. 1662
‘The Leech Lake Band and the MAST tribes strongly support enactment of this critical
legislation. Not only will this legislation continue the appropriation authorization for the
many critical health programs in the Act, but it also contains badly need program
authority to improve Indian health care delivery’

The Band also has some specific concems in the area of health care delivery.
With respect to contract support costs, we feel that those funds should be placed in a poll
and equally divided. In the same vein, a more equitable policy for the distribution of
facilities contruction funding must be adopted.

In particularly, the Leech Lake Band requests that there should be consideration
for the funding of construction projects to improve or replace old, inefficient and
obsolete health care facilities. The Public Health Service hospital and clinic located in
the city of Cass Lake on the reservation, initially built in 1937, has gross shortages in
space and facility utilization that directly affects the ability of IHS and the Tribal Health
Division to meet the needs of the 13,000 registered patients. Two satellite clinics have
been constructed and staffed with midlevel providers to attempt to meet the health care
needs in remote areas of the reservation. Through the use of third party reimbursement,
this has brought an altemative approach to providing health care.

The Band if also very concerned about the inadequacies of the Contract Health
Care program. These health care dollars are used for wrap-around services and are used
for a priority system that rations health care, The great need for contract health care is
based upon the various illnesses within our population and is determined upon a life-and-
death basis. The THS contract health care program is in dire need of more funding to
adequately address the needs for advanced medical care in Indian country.

We would also like to note for the Committee's consideration that the 2002
budget request does not include continued funding for redirected resources. This leaves
no avenue for tribes to access Federal construction dollars. As a consequence. there
would be no chance at all for construction funding.


35

The urgent needs for large numbers of Native teachers have still
not been addressed. The tribal schools need resources for science
labs and library resources. The schools need resources to offer inno-
vative programs after schools and in summer to reinforce the as-
tonishing talents and gifts of their students.

Tribal colleges likewise need assistance. Education and research

rograms in the natural and environmental sciences are expensive.
They require faculty with appropriate degrees and qualifications,
libraries with access to appropriate journals and reference mate-
rials and laboratories and field sites with appropriate equipment.

Yet, tribal colleges continue to receive basic operating funds from
the Federal Government at the rate of less than half the dollars,
per student, that States provide to their own 2-year colleges and
much less than the amounts provided to 4-year institutions.

Education is important to our tribes. Our students are eager to
succeed. We request, therefore, that you examine both our suc-
cesses and our needs. We request that you provide us with the sup-
port we require to continue to develop educational institutions of
the depth and quality, which our communities need and our stu-
dents deserve.

We, like you, intend to leave no child behind and we expect and
intend to leave no adult or tribal community behind. We have al-
ready accomplished much. We request your help in doing much
more.

The CHAIRMAN. I thank you very much, sir.

May I now call upon Mr. Schlehuber.

STATEMENT OF AARON SCHLEHUBER, ESQUIRE, TRIBAL AT-
TORNEY, SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS,
SAULT STE. MARIE, MI

Mr. SCHLEHUBER. Mr. Chairman and distinguished members of
the committee: My name is Aaron Schlehuber, an attorney for and
member of the Sault Ste. Marie Tribe of Chippewa Indians. The
Sault Tribe, for itself and on behalf of other T, wants to share
with you some concerns in the area of natural resources.

Many MAST, including the Sault Tribe, are located on the shores
of one of the most t precious natural resources on the planet, that
being the Great Lakes, which hold about 20 percent of our fresh
water.

Many MAST, like us, have a unique interest in this resource be-
cause we possess certain treaty fishing rights in various portions
of the Great Lakes. These rights have been recognized and exer-
cised for many years. They remain a important source of livelihood
and subsistence for our tribal members, as well as a connection to
the wellspring of our traditional culture.

Last year the treaty tribes of Michigan concluded a 20-year
agreement with the State and Federal Government on the exercise
of treaty fishing rights and on fisheries management on the Great

akes,

Today, however, this careful balance of interests is threatened by
environmental impingements on the fishery. The fishery resource
is imperiled on a number of fronts: Threatened water diversion, lat-
eral drilling, polluted sediment, tainted fish, continuing point
source pollution, just to name a few.


67

All Indian Country is currently impacted by the return of membership to the
reservation from urban areas because of our economic growth, availability of
employment, and the restriction imposed by the welfare reform time frame for
assistance. This population shift from areas outside the reservation brings with it
housing shortages, increased substance abuse issues, gang related activity and
increased domestic problems all of which creates increased social unrest and a
greater involvement from the reservation law enforcement and judicial services.

‘We appeal to this committee to assist us in the following are:

° The current time frame that fund Department of Justice Grants
(COPS) be extended to allow the continuation of our reservation public
safety (police department). The reservations do not have a tax base to
draw funds to assume the financial responsibility for the COPS
program,

* Increased funding for our court system to allow for the development
and implementation of criminal and civil codes. Funding would
provide for the professional prosecution and defense for the
membership .

* Funding for community policing, auxiliary police, youth police cadet
program and prevention in the substance abuse programs.

* Funding for the construction of a correctional facility. Currently a
violator that is arrested and prosecuted through of courts can not be
confined to a holding facility because one is not available, or the cost to
house prisoners in a county facility is to costly.

In summary the White Earth Reservation must provide a safe environment for our
people, If this can be accomplished it will improve our quality of life by expanding
our economic base and reducing social problems. I am leaving a narrative and a
listing of our unmet needs required for our Tribal Government to provide quality
services to our membership.

Thank you for this opportunity and I request favorable consideration be given to
my request on behalf of the White Earth people.


104

President Bush
Page 2

The first step to resolving this international contaminant issue is the effective
‘communication of the potential risks posed by dioxins. The dioxin levels in our food supplies
were recently found to be the same as eight years ago. This is unacceptable and, I am confident
that you must believe this also. | ask you to make the final Federal guidance on dioxins a high
priority for your government and make that information available as soon as possible.

Tam obliged to provide any assistance as you may desire regarding this matter. Please

contact me or my Executive Director, Mr. Gary Frazer, at our Tribal Government Offices; phone
218-335-8581

Sincerely,

THE MINNESOTA CHIPPEWA TRIBE
fu g neva
Peter J. Defic, Presidet

c. Tribal Executive Committee
Gary Frazer
USEPA Administrator Christine Todd Whitman
Senator Ben Nighthorse Campbell
Representative Dale Kildee


45

as well as the Midwest Alliance of Sovereign Tribes have stated their support for the
proposed regulations to be permitted to go into effect.

1) A brief history of why the United States takes land into trust for Tribes

In the late 19% century the United States goverament made a policy decision that
sought to end the reservation system of communally held lands. The end of communally
held lands meant providing each individual Indian with an allotment that would
eventually become alienable. Once all tribal members on a reservation received an
allotment, the remaining “surplus” land would be sold. The hope of policy makers was
that Indians would assimilate into American society.

The “Allotment Era” was initiated by passage of the Dawes Act in 1887 and
continued until the policy was ended in 1934. During those 47 years, the federal
government took away over 90 million acres of tribal lands that were previously
guaranteed to tribes by treaties and federal law. This was over two thirds of the tribal
land base, and over 80% of their value, as the best and most productive lands were the
first to be taken. The remaining tribal lands, if any were left. were discontinuous,
fractionated, and difficult to use for any economically productive purpose such as grazing
or agriculture. The effects of the Allotment Era were devastating to tribal communities,
economically and socially, and the effects continue to this day.

The Allotment Era was but one such period. Similarly unjustified tribal land grabs
occurred regionally throughout the late 1800°s and into the Termination Period in the
1950's and 1960's. Every tribe has a different history, but the theme is the same. The
federal government came in and took the lion’s share of precious remaining tribal land
away without justification, most often working with the states in order to give the
resources to non-Indian state citizens,

In 1934, in the wake of the Merriam Report describing the failure of the Allotment
policy and the devastating poverty that existed on reservations, Congress repudiated the
Allotment Era philosophy by passing the Indian Reorganization Act. The IRA ended
allotment, provided that any existing trust parcels would remain in trust and provided the
statutory basis for the United States to take land into trust on behalf of tribes and
individual Indians. The IRA is comprehensive legislation intended to rebuild tribal
governments, tribal economies, and the tribal land base. One of the chief legislative
sponsors of the IRA, Congressman Howard of Nebraska, in 1934, explained rationale for
the law as follows:

the land was theirs under titles guaranteed by treaties and law; and when
the United States set up a land policy which, in effect, became a forum of

Statement of Robert Chicks 6/19/01 - p. 2


87

‘STATEMENT PRESENTED BY ALFRED TREPANIA, PRESIDENT, THE GREAT LAKES INTER
‘TRIBAL COUNCIL TO THE SENATE INDIAN AFFAIRS COMMITTEE

EDUCATION ISSUES ~ JUNE 19, 2001
Thank you for the opportunity to present this statement. My name is Alfred Tre-

pania. | am the President of the Great Lakes Inter-Tribal Council

For the tribal nations represented by the Great Lakes Inter-Tribal Council, educa-
tion remains our strongest hope for strengthening our capacities to address the serious
issues, which our communities must face. For our tribes, education also remains our
strongest hope for sustaining our values, languages, traditional knowledge, and our un-

derstanding of the place of humans in the natural world

Many of our educational institutions ~ tribal schools, charter schools, and tribal
colleges — are working to prepare for our future by building on our rich cultural and intel-

ectual inheritance. This approach is gradually yielding some successes

© Over time, the success rates of Indian students attending tribal schools are i:

creasing,

* Students who have dropped out are returning in increasing numbers to obtain

their high school equivalency diplomas

© During their years in school, more and more Indian students are becoming

computer-literate, participating in science fairs, and enjoying courses in field

biology and other natural sciences.

These successes, in turn, are helping our communities to prepare for the next set

of challenges we must address. Our tribal economies depend to a great extent on tourism


8

As a representative of the Leech Lake Band in MAST, I fully
support the fiscal year 2002 recommendations made by the LNF
Work Group.

We understand that the Indian Health Care Improvement Act
will require reauthorization for fiscal year 2002 and beyond. Legis-
lation to reauthorize and amend the act is pending before this com-
mittee, S. 211, and before the House as H.R. 1662.

The Leech Lake Band and the MAST strongly support enactment
of this critical legislation. Not only will this legislation continue the
appropriation and authorization for the many critical health pro-
grams in the Act, but it also contains badly needed program au-
thority to improve Indian health care delivery.

The band also has some specific concerns in the area of health
care delivery with respect to ‘contract support costs. We feel that.
these funds should be placed in a pool and equally divided. In the
same vane, a more equitable policy for the distribution of facilities
construction funding must be adopted.

In particular, the Leech Lake Band requests that there should be
consideration for the funding of construction projects to improve or
replace all inefficient or obsolete health care facilities.

The Public Health Service Hospital and Clinic located on Leech
Lake has gross shortages in space and facility utilization that di-
rectly affects the ability of IHS and the Tribal Health Division to
meet the needs of the 13,000 registered users.

Two satellite clinics have been constructed and staffed with mid-
level providers to attempt to meet the health care needs in remote
areas of the reservation. Through the use of third-party reimburse-
ment this has brought an alternative approach to providing health
care.

The band is also very concerned about the inadequacies of the
Contract Health Care Program. These health care dollars are used
for wrap-around services and are used for a priority system that
rations care. The great need for contract health care is based upon
the various illnesses within our population and is determined upon
a life and death basis.

The IHS Health Care Program is in dire need of more funding
to adequately address the needs for advanced Medicare in Indian
country.

We would also like to note for the committee’s consideration that
the 2002 budget request does not include continued funding for re-
directed resources. This leaves no avenue for tribes to access Fed-
eral construction dollars. As a consequence there would be no
chance at all for construction funding.

Finally, Mr. Chairman, we would like to note that the level of
needed funding for IHS health care is below what we need to pro-
vide for all of our beneficiaries. Congress directed the IHS to work
with tribes to develop a sound, logical rationale for the documenta-
tion of this need.

Dr. Trujillo formed a work group to do this. A formula that the
work group developed involved a comparison of the funding we get
with the amount of dollars we would have received if we had pro-
vided the same level of service as a Blue Cross Federal workers
health insurance plan. That comparison showed that the national


GOALS AND PRIORITIES OF THE MEMBER
TRIBES OF THE MIDWEST ALLIANCE OF
SOVEREIGN TRIBES [MAST]

TUESDAY, JUNE 19, 2001

U.S. SENATE,
COMMITTEE ON INDIAN AFFAIRS,
Washington, DC.
The committee met, pursuant to notice, at 10:05 a.m. in Room
485 Senate Russell Building, Hon. Ben Nighthorse Campbell pre-
siding.
Present: Senators Inouye and Campbell.

STATEMENT OF HON. BEN NIGHTHORSE CAMPBELL, U.S. SEN-
ATOR FROM COLORADO, VICE CHAIRMAN, COMMITTEE ON
INDIAN AFFAIRS

Senator CAMPBELL. The committee will be in session.

Senator Inouye called, he is stuck in traffic. He will be along mo-
mentarily. So, we are going to go ahead and start until he gets
here. Then we will take a break when he gets here.

I might also mention, we would like to invite all of our witnesses
today to join us at 2 p.m. in this room for a discussion on a legisla-
tive approach to taking land into trust, which has become a major
point of discussion in the last couple of years.

So, if you are free at 2 p.m., if you would like to drop by here,
we would like to invite you to be here.

Before we start with the witnesses, though, I would like to
maybe just make a very short comment and welcome you here this
morning and all of our guests.

Today the committee continues its series of hearings to listen to
the concerns and priorities of tribal governments on a regional

asis.

This morning we will hear from the distinguished leaders of the
Midwest Alliance of Sovereign Tribes, comprised of Indian tribes
from Minnesota, Michigan, and Wisconsin.

Last week, the Senate passed historic education reforms that in-
cluded legislation that I and Senator Inouye introduced in January.
We have much left to do in this session, such as improving the de-
livery of health care, improving housing building stock, and fore-
most to me, building strong tribal economies, which involves job op-
portunities on Indian reservations.

We will now move forward with the first panel.

qa)


42

al chairwoman. I am a descendant of Chief Peshaba, who founded the village of
Peshabestown in 1852, along with a group of Ottawas.

The Grand Traverse Band consists of 3,682 members. One-half of our members
live in our six county service area.

Today I will speak of our housing needs and what we hope to see happen in this
legislative session.

Our tribal housing department currently has 126 dwellings under management.
The composition and funding source for these units is as follows:

No. 1, 29 market rental units acquired by the tribe with Revenue Allocation Ordi-
nance “RAO” [tribal] funds for the benefit of the membership. The total capital in-
vestment exceeds $2.5 million.

No. 2, 56 low rent units financed with HUD 1937 Act dollars.

No. 3, 16 unit low rent facility [Elders Building] financed with HUD 1937 Act dol-
lars.

No. 4, 6 home ownership dwellings financed with NAHASDA dollars and modeled
after the 1937 Act Mutual Help Program.

In addition, the Housing Department is currently building 6 duplex units that will
be completed in the summer of 2001. Once completed, the HA will fund the project
with NAHASDA dollars.

During the Spring of 2001, the Housing Department was successful with two
Rural Rental Housing 515 Applications, which will provide approximately $900,000
in deep subsidy financing for 11 duplex units. The tribe will be contributing an esti-
mated $850,000 to the project. The current waiting list supports the need for more
than 100 new dwelling. Some of our elders are living in adult foster care homes sep-
arated from their own people because we do not have housing for them. Others are
in long-term care facilities because they do not have the necessary tribal housing.
The tribe is embracing Self-Determination, but is consistently underfunded through
HUD appropriations under NAHASDA.

NAHASDA Reauthorization should move forward keeping in mind the huge
unmet need for 225,000 units in Indian country. [NCAI]

We would like to see:

No. 1, the creation of a Federal task force to work on infrastructure needs for In-
dian country.

No. 2, a restructuring of the HUD 184 program to make it more user-friendly.

No. 3, a set-aside for the Mortgage Revenue Bond Program.

No. 4, Federal funds going to Rural Community Assistance Program to create a
seventh-program specifically to assist tribes with water and sewer Programs.

No. 5, the continuation of the rural Housing and Economic Development Program
eliminated from the fiscal year 2002 HUD Budget.

No. 6, the creation of an Indian Housing representative position at each of the
Federal Agencies that are involved with banking: FDIC, Federal Reserve, Federal
Housing Finance board, OCC, Treasury.

We support S. 132 introduced by Senator Johnson [D-SD] which would amend the
Internal Revenue Code of 1986 to provide that housing assistance provided under
the Native American Housing Assistance and Self-Determination Act of 1996 be
treated for purposes of the low-income housing credit in the same manner as com-
parable assistance.

‘Thank you for the opportunity to comment on our tribal housing concerns.

PREPARED STATEMENT OF SAM MCCLELLAN, TRIBAL COUNCIL MEMBER, GRAND
‘TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS

I am Sam McClellan, tribal council member from the Grand Traverse Band of Ot-
tawa and Chippewa Indians. I am chair of our tribal ICW committee. My wife and
I were foster parents for 16 years. We adopted two of these children. My wife was
in foster care. We became foster parents because we wanted to provide a Native
American home for Native American children.

Our tribe consists of 3,684 members. Approximately one-half of our tribe lives in
our six-county service area in Northern Michigan.

I wish to address some needed changes in the Indian Child Welfare Act. But first,
Jet me describe our ICW program.

Our tribal ICW program has six functions:

No. 1. Prevention service, provided by ICW Family Services caseworkers to fami-
lies on a voluntary basis, where there is an identified potential for abuse or neglect
of children.


3

Statement of Chairman McGeshick, Lac Vieux Desert Tribe
MAST Hearing, Senate Committee on Indian Affairs
June 19,2001 -- Page 2 of 6

The following briefly discusses what the LVD Tribe feels are the relevant needs in our region of
Indian Country, listed in a prioritized manner, with the highest priority listed first.

Economic Development ~ This is an area that is probably one of the most critical for LD and
most other MAST Tribes. Through viable economic development and economic expansion
plans, most, if not all other Tribal needs can be met. LVD has done a great job in developing its
gaming enterprise, hotel, golf course, restaurant and other economic ventures. However, the
need to expand and diversify the Tribe’s economy is always at the forefront of the Tribe’s
governmental improvements. Considering the Tribe’s current labor force, land use opportunities,
along with natural resource exploitation, there could easily be developed a diversified economic
plan. However, Congress must support these efforts in the following ways:

First, an expedited land acquisition process that allows Tribes to secure contiguous and non-
contiguous lands into trust for the purpose of developing diversified revenue-generating projects.
‘To make Tribes wait years for land acquisition approval from the Federal government, similar to
what Tribes face in land acquisitions for gaming purposes, will not work. Second, offer
increased authority for Tribes to initiate bond offerings as a way to subsidize initial start-up costs
for developing economic ventures. Such authority should also extend to allowing third party
investors to help underwrite the Tribe’s bond initiative, which may help a Tribe to gain premium
ratings on their outstanding debt and reduce interest rates on primary and secondary loan
paybacks, Third, offer tax and investment incentives, such as tax-free capital gains on interest
generated from the financing of Tribal development projects by private investors. Fourth, allow
increased accelerated depreciation of equipment, taking the current 2 years-to-I depreciable rates
up to a3 years-to-1 depreciable plan for economic development projects created on Tribal lands.
Fifth, provide Federal-funding incentives to States and local governments that actively and fully
negotiate cost sharing of Indian economic ventures that will directly benefit non-Indian
communities, as well as the Tribal community, once fully operational. Such non-Indian benefits
may include the creation of jobs, along with program and service delivery in industries that are
currently unavailable in the region as a whole.

‘Some ideas that have been considered by LVD include the development of guided hunting and
fishing excursions for the upper echelon sportsmen who are accustomed to spending
considerable dollars for high quality trophy hunts and fishing expeditions, complete with first
class lodging, meals and other amenities geared toward the wealthy sports enthusiast, which the
Tribe already has in its hotel/casino facilities. In addition, thoughts have also been put towards
creating a pre-fabricated log-home building company, similar to other log-home builders in
nearby towns throughout the Upper Peninsula. This market seems to be growing in the Great
Lakes region and is one that the Tribe could utilize a Tribal workforce for its labor needs,
creating skill-based jobs for many Tribal members. With the current Tribal labor force geared
primarily toward the construction industry, this may be a viable economic venture that could
span from tree harvesting to finished home setups.


82

Statement of Ruby Camp Senate Indian Affairs Committee page 2
June 19, 2001

58.5% of Indian elders have an income level below 200% of the FPL (Federal Poverty
Level). The average education is below the sixth grade, and most do not understand the
basic benefits available. Nevertheless, there is very little money available for education
and counseling

The Indian Health Service collects data concerning the health needs of Indian
communities. However, a simple request for information may take up to a year or more
to be returned. This may partially be due to the small amount of funding the IHS
receives compared to the enormity of their tasks and the large number of clients they
have to serve. In fact, 157,000 Medicaid-eligible Indian elders have not applied,
compared to an enrollment rate of 87% among non-native elders.

Though not instantly life threatening, funding for dentistry, removal of cataracts,
education and prevention of chronic diseases, support groups, in-home care, and home
visits are often neglected. This does affect the quality of life, independence, and self
esteem of many people and generates a cycle of dependency that is difficult to overcome
for many generations.

These statistics are all the more alarming because they remain at such high levels.
Advances in medical technology, improvements in transportation, access to care, and
efforts at community health education take a long time to trickle down to the rural areas,
and take even longer to reach the struggling reservation communities. Simply put,
quality health care on or near the reservations is an expensive necessity. More funds are
needed

There is no entity other than the National Indian Council on Aging that deals with
Indian Elders issues. State agencies on aging are not responsive to the particular needs
of-the reservation communities. Our area elders have no regional organization to carry
through and pay attention to issues of importance to them. Help us create that
organization by supporting these efforts and appropriating funds for regional and local
health care advocacy.

Senators, the general level of under-funded health care for Native Americans is a
national problem. The particular needs of Native American elders, however, take this
beyond the realm of “problem” and into the realm of “action needed now.” It is my
sincere hope that you will do your utmost to address this, and to help us do a little for
those who have done so much for us.

Thank you.


S. Hr. 107-74

GOALS AND PRIORITIES OF THE MEMBER TRIBES
OF THE MIDWEST ALLIANCE OF SOVEREIGN
TRIBES [MAST]

HEARING

BEFORE THE

COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE

ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION
ON

TO RECEIVE THE VIEWS OF THE MIDWEST ALLIANCE OF SOVEREIGN
TRIBES

JUNE 19, 2001
WASHINGTON, DC

ee

U.S. GOVERNMENT PRINTING OFFICE
73-489 CC WASHINGTON : 2001

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

7)



108

THE WHITE HOUSE
WASHINGTON

June 14, 2001

Dear Mr. Defoe:

Gn dehalf of tie President, 1 wou yeur May respondence
regarding dioxins. T hope you will understand the tremendous volume of mail has prevented me
from responding more expeditiously.

Your views on these matters will be shared with the appropriate Administration officials for their
benefit and consideration. Your input is highly valued and we appreciate your taking the time to
write.

Sincerely,

aE —

Ruben Barrales
Deputy Assistant to the President and Director of Intergovernmental Affairs

Mr. Peter J. Defoe

President of the Minnesota Chippewa Tribe
Post Office Box 217

Case Lake, MN 56633-0217




109

TESTIMONY OF THE HONORABLE BOBBY WHITEFEATHER, CHAIRMAN
RED LAKE BAND OF CHIPPEWA INDIANS TRIBAL COUNCIL
Before the Senate Committee on Indian Affairs
Hearing on the Midwest Alliance of Sovereign Tribes Concerns for the 107" Congress
June 19, 2001

Mr. Chairman, | thank you and the other distinguished members of the Committee for
this opportunity to provide testimony on behalf of the Red Lake Band of Chippewa
Indians and the Midwest Alliance of Sovereign Tribes (MAST) on our priorities for the
107" Congress. In addition to representing the peopie of Red Lake as their elected
Chairman, | am also the President of MAST. The focus of my testimony will be on
resource conservation.

Red Lake People and Resources

Red Lake is a relatively large Tribe with 9,300 members. Our 841,000 acre
Reservation, located in northwestern Minnesota, is held in trust for the Tribe by the
United States. While it has been diminished in overall size, our Reservation has never
been broken apart or allotted to individuals. Nor has our Reservation ever been
subjected to the criminal or civil jurisdiction of the State of Minnesota. Consequently,
we have a relatively large land and water area over which the Tribe exercises exclusive
governmental authority and control in conjunction with the United States.

Red Lake Band members’ lives center around a seasonal cycle of reliance on natural
resources. Fishing, hunting, and gathering activities are as vital to our survival today as
they were 200 years ago. Time has certainly changed some aspects of this cycle. The
desires of Band members to purchase modern-day products and goods has led to a
resource-based cash economy of fishing and logging that began early in the 20"
century and continues today. However, concerns about resource depletion in recent
years have led us to seek out economic diversification

Due in part to our Reservation’s location far from centers of population and commerce,
we have few jobs available in the private sector economy. While unemployment rates
throughout America have dropped to historically tow levels, our unemployment rate
remains at an outrageously high level of 60%. The lack of good roads,
communications, and other necessary infrastructure continues to hold back economic
development and job opportunities. We have had limited success with gaming, but our
remote location prevents the type of often-cited, large-scale gaming operations run by a
small handful of tribes throughout America. The limited gaming revenues we do receive
are devoted to human-services programs like meals for the elderly, our nursing home,
and community-based activities devoted to meeting the pressing needs of people who


30

Senators the elders have persevered much of a dark history.
Please shed some light on whatever future remains for them before
they journey home to the Creator.

Thank you for this opportunity to present this testimony.

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

The CHAIRMAN. I thank you very much, Council Member.

May I now call upon Council Member Christensen.

STATEMENT OF MIKE CHRISTENSEN, COUNCIL MEMBER, LAC
DU FLAMBEAU TRIBAL COUNCIL, LAC pu FLAMBEAU, WI

Mr. CHRISTENSEN. Senator Inouye, I will deviate from my pre-
pared statement here and get to the heart of the matter. This land
in trust issue is a very touchy situation.

My tribe and other tribes, and I have sat on the TEA-21 Com-
mittee for 14 months and we are all facing the same problem. We
have fractionated land interests. Some of our land is part taxable,
part trust. If we want to include that in to make it all trust land,
we have problems doing it.

Some tribes have a problem of putting a road through their res-
ervation because it is taxable land, fee land. We are trying to ac-
quire that land so we can get back our own land base. For my tribe
and other tribes, historic reasons, burial reasons, we want to pro-
tect it.

We do have economic development involved in there. Like our
tribe right now, we are trying to put our land into trust for a cran-
berry marsh. Part of it is on the reservation and part of it is off
the reservation.

We applied to the Bureau and we ran into roadblocks. That is
going back to 1989, so the Bureau, in my opinion, is not doing their
job as a trust responsibility to the tribes. We have a backlog of res-
ervations that are the same way. We need to clear up the backlog
before we even look at going further.

The Bureau has been dragging its feet for a number of years.
There seems to be no way to prod the Bureau ahead to help us out.
So, I am urging the committee here to look into what the Bureau
is not doing as a trust responsibility to the tribes.

It does harm our tribes as it applies to economic development. I
can speak for my tribe. It is harming us, the economic develop-
ment. We have a factory there that we produce electronic meters
for the Navy or Army, whoever buys them from us.

But we are strapped and we cannot expand it. The facility is out-
dated. It has been there for 57 years. Now the machines are out-
dated. It would cost us more to move the machine than it is worth.
If we had the land acquired, we could possibly use it as financing
and build our factory back up to a new standard.

It is not only gaming. I hear gaming thrown around. But we are
not interested in putting our land into trust for gaming. There are
other reasons. There are future generations I am looking at. I have
grandchildren that I am sure are going to live there like I did. So,
it is more of an emotional thing than it is really a monetary issue
with me. I am speaking strictly for myself at this point on the land
issue.

We need an effective way to purchase the fee lands and have
them put into trust. We try with our limited gaming dollars. We


89

tional knowledge and values with contemporary science strengthens the Menominee Na-

tion’s abilities to adapt successfully to rapid environmental and economic changes

Lac Courte Oreilles Ojibwa Community College has developed a strong educa-
tional program, which uses contemporary geographic information systems technology to
assist the tribe in mapping and analyzing reservation resources in close detail. This same
technology has contributed to the development of a successful rural transportation sys-

tem, which serves the entire tribal community.

The tribal colleges in the Great Lakes region contribute to their communities in
other ways as well. Tribal college faculty serves as judges for local science fairs, Students
from local high schools take tribal college courses even as they are still completing their
high school years. Summer programs offer special training for younger students, and
likewise give them a chance to participate in life on a tribal college campus. Tribal col-
lege faculty and staff frequently provide technical assistance to agencies and programs of
tribal governments. The libraries of tribal colleges are frequently the only libraries avail-
able to most reservation residents. And a recent study by the American Indian Higher
Education Consortium indicates that tribal communities with tribal colleges have higher
work-force participation rates than comparable tribal communities that lack their own

colleges

With all of these success stories, however, we still have a long way to go. Tribal
schools need to slow down the turnover rates for faculty and administrators, The schools
need qualified science teachers, and teachers who understand and communicate the val-
ues of the tribal communities they serve, The urgent needs for large numbers of Native

teachers have still not been addressed. Tribal schools need resources for science labs and


84

key part of our efforts to move from the harmful consequences of allotment to the promise of Self-
Determination.

Unfortunately, the existing process for taking lands into trust has not served tribes well
‘One major problem has been that tribal applications to have lands taken into trust have not been
processed by the BIA in a timely manner. At Lac du Flambeau, we have several fee to trust
applications pending before the BIA. These applications all address trust acquisition of lands on
our Reservation, and many are not even controversial. But these applications have been pending for
years - some dating as far back as 1989. The BIA provides us with no reason for this delay ~ and
no excuse would justify this kind of treatment. It is fundamental that we are entitled to a timely
decision on our trust land applications, The bottom line is that the current system for administering
fee to trust applications is not working properly.

‘Taking land into trust is important for both historic and current reasons. On the historic side,
Congress provided authority to the Secretary to take land into trust for tribes in Section 5 of the
Indian Reorganization Act, That statute was landmark measure, which Congress enacted in 1934
to address the terrible decline in tribal life in the United States that was caused by the allotment
policy. Allotment led to the loss of more than two-thirds of Indian lands nationwide, and left Indians
facing terrible conditions of poverty and despair. The [RA was an effort to change federal policy,
by ending allotment and moving toward a policy of tribal self-sufficiency. Congress recognized that
akey part of this new policy was helping tribes restore some portion of the lands that had been taken
from them. Basically, the fee to trust process contained in the IRA is a modest effort to provide a
remedy for a major historical wrong that occurred as a result of the federal policy of allotment.

In terms of current need for trust lands, tribes have a wide variety of interests. Tribes have
a historic interest in lands where their ancestors lived ~ and practiced their way of life by hunting,
fishing and gathering. Tribes have a cultural interest in areas where religious or burial sites are
located. Tribes have self-government interesis in having lands sufficient to provide housing,
schools, health care facilities and other tribal services for their people. Tribes have economic
interests in advancing the opportunities for their people to work and thrive. And tibes have
conservation interests, in protecting their natural resources from unwanted development. Tribes
need the ability to acquire fee land and have it placed in trust for all of these reasons. At Lac du
Flambeau, for example, the vast majority of our trust land acquisitions are for two purposes. First,
we are secking to acquire lands for housing for our people. And second, we are seeking to acquire
Jands in trust for conservation purposes ~ to protect our forests and other natural resources for future
generations.

We are aware that sometimes the fee to trust process becomes controversial. We think the
process, if better understood, would not be so controversial. There are important historical reasons
why Congress authorized land to be taken into trust for tribes. Trust land acquisition today must be
understood asa process for addressing the wrong that the federal government did to the tribes under
the allotment policy. There are also important current purposes for tribes to take land into trust —
purposes that are essential for us to move toward self-determination and self-sufficiency. Trust land

2


12

So, we had a great year. But that doesn’t mean we are done, ob-
viously. So, any specific suggestions you have that we can do to im-
prove local economies, I would certainly support them. I know
many Indian people come in that they talk about economic develop-
ment. But they have the feeling that the way for economic develop-
ment is to get a grant and that grant provides some jobs on the
reservation and that becomes economic development.

But out in the other world, that is not usually the way it works.
You know, grants are one-time or two-time, but it is not something
you can rely on to go on forever. There has to be something that
you do that provides the profit margin that people want and that
is what sustains most local economies.

Did you want to make a comment about that?

Ms. BENJAMIN. Yes; we would welcome your statements. Also, we
will send in suggestions for that.

One of the things I wanted to focus on, too, especially the wel-
fare-to-work, a lot of those individuals who are in that program
don’t have an education, don’t have work skills and those types of
things. When you do have a business, you are trying to generate
revenue. For governmental services, training and education are
part of that job.

But when you are looking at your for profit business plan, what
do you focus on? Generating that revenue or trying to bring train-
ing in for individuals? That may cause revenue not to be as high
because you are focusing on training.

So, that is where we are looking. How do you train people so
when they go into those businesses as employees they have skills,
they can assist with generating revenue, and they can make those
businesses profitable?

Senator CAMPBELL. May I ask how far your reservation is from
a major city population base?

Ms. BENJAMIN. We are about 100 miles north of the Minneapolis-
St.Paul area.

Senator CAMPBELL. North.

Ms. BENJAMIN. Yes.

Senator CAMPBELL. Senator Wellstone, did you have some ques-
tions before we go on?

Senator WELLSTONE. Thank you, Mr. Chairman. I actually will
be briefer than I want to be because I have to get back for a con-
ference call in 10 minutes.

Let me just try and pick up on a few things that were said and
it would be not so much of a question for them, but I want to make
sure that I have kind of understood what I have heard, in particu-
lar from Minnesota.

I think, Mr. Chairman, that one of the things that you have
heard from Chairwoman Benjamin is—and I hear it a lot in Indian
country—first of all we have people that are now, as we are bump-
ing up against time limits, we have people from urban areas who
are moving back to reservations.

The real issue is, and with the exception of some people you have
to admit that, but the vast majority of people would dearly love to
get out from under the thumb of welfare. They would much rather
be working.


54

SUPPLEMENT TO TESTIMONY
Provided by Robert Chicks, President Stockbridge Munsee Community
at the Hearing before the Senate Committee on Indian Affairs:
To receive testimony on the goals and priorities of the member tribes
of the Midwest Alliance of Sovereign Tribes for the 107th Congress
10:00 a.m., JUNE 19, 2001.

My name is Robert Chicks and I am the President of the Stockbridge-Munsee
Community Band of Mohican Indians. The Stockbridge-Munsee Tribe is located in
northeastern Wisconsin. | am also the co-chairman of the National Tribal Leaders Task
Force 01 Land Recovery and | am Secretary for the Midwest Alliance of Sovereign
Tribes.

1am supplying this supplement to my testimony given on land-to-trust issues on
June 19, 200), before the Senate Select Committee on Indian Affairs. During my
testimony, Senator Campbell raised the issue as to whether or not local governments
ought to be more involved in the land-to-trust process. Since I did not have time to
respond to Senator Campbell’s question, | am writing now to answer the Senator’s
question.

Although nothing in the Indian Reorganization Act provides a role for local
governments, state and local governments having regulatory jurisdiction over the lands to
be acquired are notified now pursuant to federal regulations. My Tribe’s experience has
been that when local governments comment, the Secretary of Interior listens.
Furthermore, local governments have appeal rights within the land-to-trust process.

Local governments already have a significant role even though they are not provided one
by statute.

Many tribes have set up formal or informal processes with local governments
when land-to-trust applications are filed. The local county government by our
Reservation has a standing resolution against all land-to-trust acquisitions for Indian
tribes. Each time we have a parcel going into trust, we attempt to work with the county
in order to address jurisdictional issues and to help the County better understand the
purpose of placing the land in trust status. We do this for many reasons. First, as local
governments whose jurisdictions overlap, we believe that working through jurisdictional
issues is in everyone’s interest. Second, we believe as a general principle in being good
governmental neighbors. Finally, we view dialogue with the county as an opportunity to
educate the local government about the many government services our Tribe provides to a
parcel

Requiring consultation or agreements with local governments before land could go
into trust would not be good or productive policy. While some tribes enjoy good


Conservation Funding
Conservation and Reinvestment Act (CARA)

HR 701

introduced by Rep. Don Young on 2/14/01

196 cosponsors (MI - Bonior, Kildee, Levin, Barcia, Camp, Conyers, Dingell, Ehlers, Upton)
Resources

no committee action yet

no similar bill has been introduced in the Senate

This bill was introduced last year and passed the House by a wide margin in May 2000, and
made it through committee in the Senate, but it was blocked from the Senate floor and died. The
legislation would be the largest conservation funding measure in history. It takes offshore oil and gas,
leasing revenues, about $3 billion per year, and spends the revenues on a variety of conservation
measures across the country. A watered down version of CARA, “CARA Lite” was passed last year,
but ll tribal allocations were stripped from it, leaving tribes with nothing for their conservation needs.

This year’s house bill incorporates the proportional funding for tribes that was stripped out
last year. For example, under the bill 2.25% of the wildlife conservation and restoration funds would
be set aside for tribes. This is proportional funding because it is derived from the ratio of federal
Indian trust lands to the total land area of the United States.

This legislation is crucial to most MAST tribes, which have extensive resource management
responsibilities over reservation lands and fisheries resources. ‘These functions benefit non-Indian
visitors to reservations or users of the Great Lakes as well as tribal members. Some unique
ecosystems are within tribal lands and are managed for the benefit of all, such as the Kakagon Sloughs
on the Bad River Reservation in Wisconsin and the Red Lake area on the Red Lake Reservation in
Minnesota. The proportional funding approach in the House bill would at last provide management
and restoration funds to tribes proportional to the tribes’ responsibilities.

Last year there were a number of differences between the House and Senate bills, and
substantial changes affecting tribes were made during the legislative process. Tribes want CARA to
be enacted, and to include the funding allocations to tribes commensurate with their need and
responsibility.


15

Statement of Chairman McGeshick, Lac Vieux Desert Tribe
MAST Hearing, Senate Committee on Indian Affairs
June 19, 2001 -- Page 4 of 6

needs, crime rates and financial cost breakdowns) so that we at LVD can begin to compile a
report to Congress, the DOJ and the DOI that will justify much needed law enforcement funds
for LVD’s Police Department and law enforcement program to flow from Federal sources.
Along these same lines, LVD will put together justification statements based on forthcoming
information from the Tribe’s Office of Chief Justice, on Child Support Enforcement (CSE)
needs, juvenile detention needs, alcohol and substance abuse prevention needs (Le., Tribal
DARE, AA and NA programs) and other related program needs that seek to deter crime rates,
incarceration needs, domestic violence, suicide and teen pregnancy. Our goal at LVD is to
secure the necessary support from these Federal agencies to utilize our newly constructed police
facility for the benefit of Indian and non-Indian citizens throughout the entire region of Gogebic
County, Michigan.

Health Care ~ The Indian Health Care Improvement Act, P.L. 94-437, (IHCIA) was first enacted
in 1976, to address long-standing deficiencies in Indian health care; to increase the number of
health professionals serving Indian communities; to authorize services to urban Indian
populations; to rectify health facility problems; and to provide access for Indian patients to other
Federal health resources such as Medicaid and Medicare, The IHCIA has been reauthorized four
different times incorporating numerous other amendments over the years. The IHCIA provides
comprehensive directives to the Federal government with regard to Indian health, and along with
the Snyder Act of 1921, provides overall guidance and authority for the programs of the U.S.
Indian Health Service (IHS).

The IHCIA expired at the end of FY2000, but was given a one-year funding allocation by
Congress last year as a temporary stopgap, until Congress could fully deliberate the
reauthorization of this critical health care legislation and provide a long-term reauthorization
plan. IHCIA reauthorization legislation has been introduced in both chambers of Congress this,
year, where it currently awaits further action, With two Senate committees and four House
committees having referral over these bills, we anticipate deliberations over the IHCIA to take
up most of the 107" Congress.

In the past six years, LVD health care services have increased each of those years substantially,
with the costs for operating the Tribe’s health clinic increasing as well. Currently, the Tribe
receives more health care funding through third-party billing of Medicaid, Medicare and private
insurance companies for services rendered to Tribal member and non-Tribal member patients
served in the Tribe’s health care clinic, than they do from the Indian Health Service (IHS) for
medical care provided to its current service area population. Although diabetes rates have
dropped slightly in recent years, mainly due to improved diabetes prevention measures, the
diabetic “at-risk” population of the Tribe is getting older. With this phenomenon comes the
likelihood of increased diabetes amongst the Tribe’s “at-risk” population, as well as increased
health complications stemming from diabetes. Currently, two Tribal members must travel up to
160 miles, round-trip, three times a week to receive dialysis treatments in order to survive.


36

Some of these issues are addressed in the written materials pro-
vided with the statement. But today, in the short time allotted, we
want to flag one crucial problem, one created by the Federal Gov-
ernment that the Federal Government up to now has done little to
help solve: The introduction of exotic species or non-indigenous,
non-native species.

The St. Lawrence Seaway was undoubtedly an economic boon to
the Great Lakes basin. But it opened up an avenue for the invasion
of many exotic species. A Great Lakes Fishery Commission study
shows that at least 136 exotic species have invaded the Great
Lakes and that 10 percent of these species have had a very serious
impact.

A primary vector for the introduction of exotic species is the bal-
last water of “salties.” A saltie is an ocean-going vessel plying the
Great Lakes. Foreign species are picked up for the ride when these
ships take in ballast water and are dropped off in the Great Lakes
when the ballast water is discharged.

Ballast water has been the culprit in introducing a number of
exotics. The most recent example is the Zebra Mussel, which is rap-
idly changing the ecology by coating the lake bottom, disrupting
the food web, displacing native species, and filtering out nutrients
upon which other species depend.

Zebra Mussels have been implicated in a disturbing recent devel-
opment, the rapid decline and in some area the total disappearance
oF Diporeia for Lakes Michigan and Huron. This small bottom-
dwelling organism was an abundant and essential food for white-
fish and other many other major species, a key link in the food
chain. Its decline threatens to produce a sharp decline in the fish-
ery and perhaps even an ecological disaster.

The Federal response to the ballast discharge problem to date
has been at best delay and temporizing. The EPA continues to ig-
nore its responsibility to regulate ballast water discharge. After a
decade of study, the Coast Guard has only recently published for
comment a statement of suggested approaches to setting ballast
water standards. That is a long march from actual regulation. This,
despite the fact that Congress mandated regulations several years
ago in the National Invasive Species Act. It appears that the pow-
erful shipping industry has thus far succeeded in thwarting any
meaningful regulation of ballast discharge.

Congress must step in and deal forcefully with this issue. Fortu-
nately, within the last several weeks there has been some biparti-
san movement on the issue. Representative Hoekstra has intro-
duced H.R. 1680, and Senator Stabenow has introduced S. 1034, I
think just last week.

These twinned bills have each garnered 12 cosponsors, including
Senator Wellstone of this committee. The bills require the imple-
mentation of Coast Guard regulations which would assure that ves-
sels entering the Great Lakes do not discharge ballast water that
introduces or spreads nonindigenous aquatic species and that bal-
last water and its sediments be treated by the most effective tech-
niques now available and to be developed in the future.

We urge the members of this committee to support that legisla-
tion.


48

4) History of Stockbridge-Munsee Community Land Loss

The Stockbridge-Munsee position on the final rule is influenced by its own unique
historical perspective. I close by briefly reviewing the history of the Tribe’s land loss. In
1856 the Tribe entered into the last of its treaties with the United States, the result of
which is the Tribe’s current two-township reservation. The Tribe’s two townships cover
approximately 46,000 acres. Today, the Tribe holds approximately 18,000 acres of that
land in trust and owns another 2.500 acres or so in fee simple.

The Tribe felt the consequences of both types of Allotment Era land loss. First, in
1871 Congress passed an Act calling for the sale of 3/4ths of the Stockbridge-Munsee
Reservation. The land was heavily timbered and the Congressman representing the
Tribe’s district owned many lumber mills in the area. He helped get the bill through
Congress and profited heavily from the sale. These facts are well documented. The
remaining 18 sections continued to be held as trust land until 1906.

Second, in 1906, pursuant to federal legislation, the remaining 18 sections were
patented in fee to the tribal membership, In less than 10 years all of the land was out
tribal hands, due to unpaid taxes, land sharks and mortgage foreclosures. Many tribal
members lived as squatters and a fortunate few purchased fee land within the two
townships. The tribal population was in dire economic straits for the next 20 years until
the Indian Reorganization Act in 1934. The U.S. government purchased about 1,000
acres for the Tribe and placed it in trust in 1937, The Tribe approved an IRA constitution
in 1937. The Tribe regained another 1,200 acres from the BIA in 1948. In 1972 the U.S.
provided another 13,000 acres of sub-marginal lands. These lands had been a hold over
from Depression-era relief programs that sought to acquire sub marginal lands for Indian
tribes. Over the last 25 years, the Tribe has purchased land as it was able and placed it
Into trust,

The Stockbridge-Munsee Tribe’s history presents at least as compelling an
example as any Tribe in the country of the past failures of United States’ policy with
respect to tribal lands. In 1871, the Stockbridge Tribe suffered the sale of heavily
forested “surplus” lands earlier than most tribes, causing the Tribe to lose 3/4ths of its
already small land base. In 1906, the Tribe’s remaining land base was patented in fee to
the tribal membership. There was no trust period in place to buffer individual tribal
members against loss of land through land fraud, and tax and mortgage foreclosure. After
the issuance of fee patents in 1910, many tribal members unwittingly sold their patent for
below its value. All of the tribal land base was gone by 1920. The Stockbridge-Munsee
land history is a prime example of why the Indian Reorganization Act provides for land to
be taken into trust on behalf of tribes.

Statement of Robert Chicks 6/19/01 - p. 5


17

reeds go unroct. Wahout road ae etnnot attract commerce, The power and commur-eation hines are tne
vehicles to catty hrowledge und soformation to cw people and beyond.

By furring an Infrasirusture Necct Assesing Task Force, Congress cam wectify the undestying.
problems thet inhibit tribal communities from realizing sell-suthiciency The findings of this panci wall be
suprisng to many pouple The scope of the need will exceed eves she worst estimates fromm the GAO.
‘The BIA. THS, EPA, HUD ONAP. andi USDA Ruta! Development bave begun 2% mteragency working
group to reso}'e some of the sues that aayc cresiea bantcrs for cocperaive evlints. The yroup ws working
to simplify the exvironment review process rd other sensitive issues

To solve the problem, it will take 4 combination of tax incentives, cooperation and coendinstion of|
sprig between government agencies, grcele acvess te chuntoble foundat-ons, and the e2eoL.on of « unity
investuert invtrorsenveonduit that funds new services in Indian Cuartry. The tax benefis wil) help
stimulate infusion of corporate investment equity. By using graets and technical assistance from India.
Health Services ard Rural Ubicy Services tubes can reduce the overall costs of generating services
Philanthropy is a1 often ovccooked, hun an invaluable resowce. And fins!ly, the anvesomn:
imtrument/conduit would provide a present vahie marke: based solution that would ellow construction to
esi today with cebt ‘service centenent occuring annuslly fom fecerai appropriations, ibal
‘ovibutions, and user fees,

2) A restructuring of the HUD 184 Program to make it more user-friendly

The HUD Section 184 Mottgage Progam & basically # good product. [ offers many of the

ariables necessury to attract lenders to Cust land. Unfortunately, the program has been g.ven a bad name
by lenders and ties because of ihe red tape associated with a goverament program, Tribal communities
are aot found in urbar centers. The rural commuaity banks that are ocated near reservations are prumarily
‘ceaveatioas! oF portfelio lenders. These banks ste sil learaing how to use the secondary musket enc fred
‘t cumbersome ta deal with HUD ONAP.

Je addition, the images presented when the 184 program was introduced cseate’ the impression
‘hat this product was going 1o take greater rsk with Native bortowe:s. When HUD desotibes the suczesstal
payment history of 184 borowers, many tribal Icaders question whether the program is fulfilling the
‘original obligation to Indian pecple Toe 154 suifers from a poor public image.

‘The program allows tibes and TDHE’s to be borrowers, why nut offer a 00! insurance concept
that provides an overall guatunice to 2 broader cross section of mortgages from onc extty, By authorizing
1 guarantee io a poo! of loans, HUD would be spresdaag the risk over # number of lozns. This eoucegt
would allow HUD to accept a wider range of credit withow taking umecessary risk. A tibe seekiag this
[DPE of privilege could be cequired to take 2 rsh share position based on a benchmarked threshcld of loss
for the entire pool. HUD cculd take the first loss position based on the entite poo! ard the tribe andor
lender would accept the balance of risk. This type of zecousse would provide a: additional avenue for
trines and lendess Home ownesthip and crecit counseling (financial literscy classes) could be &
prerequisite for borrowers with low credit scores. The idea i reward tbat members that make &
concerted effort conform to traditional credit standards.

3) A set-aside for Mortgage Revenue Boud Programs

Tribes aro requesting this fom of allocation to prevent political agendas fiom becoming past of
the funding process. Tribu’ housing needs should rever be placed in & position that could be compromised
‘ay ongoing cegotaboas between tribes and the sate. Thece it an acute shortage of affordabie housing in
{dian Country The NCAL and NATHC have projected the housing shortfall at 225,000 dwellings. “ht
F gute represents w capital investment in the §£6-26 billion range. AL the present fime sate mortgage
revere hon sllosetions ave not adequately Runde to fully support the housing interest of Native people

Tribes bave access to tax-exempt financing for essential purposes of govemmmeal. Mortgage
revenue bonds have beea an effective tool for state housing finance agencies. ‘Triba’ commurities could
Denefit fom this valuable resource.



WSUOOSI\ ‘AUNOD OUeMEUS

“onenesou SUBOIUONN j pueg Sasunp-eBpuqoo1g



49

REVIEW of MAPS

-1856
The Tribe was possessed of its entire two-township Reservation in 1856. The Tribe’s
land base was 46,080 acres.

MAP 2- 1875,

In 1871, Congress authorized the sale of 3/4ths of the Tribe’s Reservation, mostly for its
valuable timber. The Act passed in 1871 and within 4 short years the sale was complete
and 34,000 acres were taken out of tribal hands.

MAP 3 - 1937 and 1948
In 1937, the BIA purchased the lands indicated in blue and place them into trust for the
Tribe. In the 1948 the lands in orange were added.

MAP 4 - 2001

The IRA lands are indicated on Map 3. The yellow lands are in trust and the green
parcels are owned in fee by the Tribe. Many of them are pending in the land to trust
process.

Statement of Robert Chicks 6/19/01 - p. 6


18

Lac Vieux Desert Band of Lake Superior Chippewa Tribal Government
7.0. Box 249, Choate Road * Watersmeet, Michigan 19969
906-388-857 + Fax: 906-356-4795

Executive Officers: Council om
Iihond MtGeshick Sr, Tribal Chairman Ruby

within je Tb Vice Charny Flake Marth
weve wine
July 10, 200)

‘The Honorable Daniel K. Inouye
Chairman, Committee on indian Affairs
United States Senate

Washington, DC 20510

Re: MAST Hearing Follow Up Response on Tribal Economic Development

Dear Chairman Inouye:

| respectfully submit this follow up response to a question you asked of me during the
Senate Committee on Indian Affairs (SCIA) Hearing of June 19, 2001, on the relevant needs of
the Midwest Alliance of Sovereign Tribes (MAST). Your question dealt with the issue of Tribal
‘economic development initiatives that were addressed in the Lac Vieux Desert Band of Lake
Superior Chippewa Indians’ testimony submitted to the SCIA for the June 19” hearing.

‘As you know, economic development is an area that is one of the most critical for many
‘Tribes. Without viable economic development and economic expansion plans, most, or perhaps
‘no Tribal needs will be met. LVD has done a great job in developing its gaming enterprise,
hotel, golf course, restaurant and otber economic ventures. However, the need to expand and
diversify the Tribe’s economy is always at the forefront of the Tribe’s governmental
improvements. Considering the Tribe’s current labor force, land use opportunities and potential
for natural resource exploitation, there could easily be developed a diversified economic plan.
However, Congress must support these efforts in the following ways:

First. an expedited trust land acquisition process for contiguous and non-contiguous lands
for the purpose of developing diversified revenue-generating projects.

Currently, the process Tribes face in acquiring additional trust lands is long and cumbersome.
Moreover. the question of land use has become a significant factor in determining the timeframe
and overall outcome of a trust land acquisition application being approved. We feel that it was
never Congress’ intent to have a fee-to-trust process develop a double standard whereby different
criteria are used to determine the approval of an application based on the proposed use of that
land by the Tribe. If Congress expects Tribal governments to entice non-Indian investment onto
Tribal lands, the fee-to-trust process must be expedited, not impeded. Financiers will not wait


88

and the careful management of natural resources, Our daily lives depend on good trans-
portation linkages. safe drinking water, and on dependable supplies of fuels and electrical
power. Many of our tribal members rely on fish and wild game for significant parts of

their diet

But the balances of nature in the Great Lakes region are shifting - in some cases.
dramatically. These changes, in turn, affect our economies and our daily lives. Declines in
the water level of Lake Superior affect pollution levels and access to transportation, De-
clines in annual snowfall affect winter recreation, alter the water table, and may soon af-
fect fish and wildlife populations. Increasing temperatures affect our forests and agricul-
ture, open our natural environments to invasions of new species. and may begin to affect
the health of our elders and other vulnerable groups, And the increasing frequency of in-
tense storms, wide swings in temperature, and other dramatic weather events affects our
community infrastructure - water supplies, roads, sewage treatment facilities, and electri-

cal power

Education is one way in which our communities are preparing to address the is-
sues created by these changes. Tribal colleges in the Great Lakes region are building
strong programs in the biological sciences, forestry, and natural resource management
The College of the Menominee Nation offers a degree program in forestry, which is based
in the detailed knowledge of local environments, which the Menominee Nation has ac
quired through a numerous years of successful forest management in the same location
This knowledge, and the values on which this success is based. are combined with con-

temporary scientific analyses and management approaches. This combination of tradi-


43

No. 2. Intervention service, by ICW Family Services caseworkers, when a substan-
tiated report of abuse or neglect occurs within the six-county service area resulting
in Tribal or State court involvement.

No. 3. Child Protective Service Investigations on tribal lands, of any reported inci-
dent of suspected abuse or neglect of a child less than 18 years of age.

No. 4. Monitoring of all cases outside of the six-county service area involving GTB
children placed outside of their parental home, due to substantiated child abuse and
or neglect charges.

No. 5. Licensing on the reservation of foster care, group or shelter homes.

No. 6. Adoption studies and investigative reports to the Indian Child Welfare
Committee on all potential adoptions regarding GTB members.

From October 2000 through June 13, 2001, we served 813 persons of whom 460
were children.

Tribal social service programs have gained the trust of tribal families and report-
edly are viewed as supportive and empowering, as opposed to State social service
programs that are often seen a threatening and intimidating. Families seek services
when in crisis and are receptive to assistance. There is a direct correlation between
the increase in tribal services and a decrease in the number of serious abuse or ne-
fleet cases. In over 2 years, no child has had to be placed in a non-native foster

ome within the six-county service area. The few cases that required temporary re-
moval were handled on the reservation by relative placement or tribal foster homes.

We are able to use traditional approaches such as the Talking Circle where the
family meets with their support people, Over a meal, the family’s strengths and
weaknesses are discussed. We identify who can assist in helping with youth at risk.

Funding for the [CW program comes) primarily from Revenue Allocation Ordi-
nance [RAO] [tribal] dollars. The 2001 RAO budget request amount was $383,804.

BIA funding total for 2001 was $65,000. Grant funding has been pursued but so
far, no money has been awarded.

The States are not following placement preference as stated in the Indian Child
Welfare Act. They use the “Good Cause” clause to avoid following ICWA criteria for
placement.

The services and funding for services are not following the children transferred
back to the reservation for placement.

There is frequently no notice to tribes regarding relinquishments in voluntary pro-
ceedings.
ke There is no penalty to the state agencies for lack of compliance with ICWA speci-

fications.

Frequently the judges are uninformed about the ICWA. Some courts don’t want
to recognize the 1CWA.

We hope than any ICWA amendments will address these concerns and help to
fund some of these tribal services.

Thank you for the opportunity to address you.


113

array of conservation activities.

Out of the $450 milion for the states, the President proposed a set-aside of $10 million
for tribes, to be distributed under a competitive grant program. Itis likely not a
coincidence that this $10 million happens to be about 2.25% of $450 million. This
2.25% proportional share was what tribes fought hard to achieve last year under Title Ill
of CARA.

Although the House Appropriations Committee did not adopt the President's proposal
as described above, it did include a new $5 million tribal wildlife grants program, likely a
carryover of the President's $10 million tribal program. This $5 million program is
extremely important as it provides conservation funding tribes need and recognizes
tribes as legitimate conservation managers along with the states and territories.
Although tribes truly need the $10 million proposed by President Bush, this $5 million is
a good start. As this is a competitive grant program administered by the Fish and
Wildlife Service, it is very important that Congress include language requiring tribal
consultation and the inclusion of the BIA division of Fish and Wildlife in the
development of this competitive grant program, to reflect the
government-to-government relationship.

Landowner Incentive Program:
President Bush's FY 2002 budget also includes $50 million for the Fish and Wildlife
Service to develop a competitively awarded, cost-shared Landowner Incentive program
for grants to states, the District of Columbia, territories, and tribes to establish or
supplement landowner incentive

Testimony of the Hon, Bobby Whitefeather, Chairman, Red Lake Band of Chippewa Indians
Page 5
June 19, 2001 - Senate Committee on indian Affairs

programs. This program would provide financial and technical assistance to private
landowners to help protect and manage habitat, while continuing to engage in
traditional land use practices. The House Appropriations Committee did retain this new
program.

As currently proposed, allocation criteria for this grant program would be developed by
the Fish and Wildlife Service and the states. It is very important that Congress add
language as part of the final budget package that directs the Fish and Wildlife Service
to include tribes and the BIA division of Fish and Wildlife in the development of
allocation criteria for this program, again, to reflect the government-to-government
relationship.

Stand Alone Legislation for Wildlife and Endangered Species Conservation

‘On June 6, 2001, Senator Smith of New Hampshire introduced S. 990, the American
Wildlife Enhancement Act of 2001. This legislation includes several titles similar to


CONTENTS

Page
Statements:

Benjamin, Melanie, chief executive officer, Mille Lacs Band of Ojibwe,

Onamia, MN 5
Campbell, Hon. Ben Nightho: .

man, Committee on Indian “Affairs 1
Camp, Ruby, council member, La Vieux Desert Tribal Council, 29
Chambers, Ardith, treasurer, Grand Traverse Band of Ottawa and Chip-

pewa Indians, Peshawbestown, MI .. 25
Chicks, Robert, chairman, Stockbridge-1 “Munsee Band of Mohicans, Bowl- 2
Chingwa, Gerald, chairman, Little Traverse Bay Band of Ottawa Indians,

Petosky, MI... 18
Christensen, Mike, council member, Lac Du Flambeau Council, Lac Du

Flambeau, WI .. 30
Danforth, Gerald, chairman, Onieda Nation, Onieda, WI 15
Hunt, Eli, chairman, Leech Lake Band of Ojibwe, Cass Lake, MN .. 7
McClellan, Thurlow, councilor, Grand Traverse Band of Ottawa and Chip-

pewa Indians, Peshawbestown, MI . 27
McGeshick, Sr., Richard, chairman

Lake Superior Chippewa Indians of Michiga 14
Schlehuber, Aaron, esquire, tribal attorney, Saul

Chippewa Indians, Sault Ste. Marie, WI . 35
Trepania, Alfred, president, Great Lakes Inter-

u Flambeau, 88
Turner, Doyle, chairman, White Earth Tribal Couneil, White Earth, MN 9
Wellstone, Paul, U.S. Senator from Minnesota ... a 5

APPENDIX
Prepared statements:

Benjamin, Melanie (with attachments) . 56
Camp, Ruby .. 81
Chambers, Ardith 41
Chicks, Robert (with attachments) 44
Chingwa, Gerald 40
Christensen, Mike . 83
Danforth, Gerald . 39
Hunt, El ... 63
McClellan, Thurlow 42
McGeshick, Sr., Richard (with attachments) 72
Minnesota Chippewa Tribe (with attachments) 102
Schlehuber, Aaron (with attachments) 91
‘Trepania, Alfred 87
Turner, Doyle (w: 66
Whitefeather, Bobby, chairman,

Tribal Council (with attachments) .. 109

Additional material submitted for the recor
Chambers, Ardith, Grand Traverse Band of Ottawa and Chippewa Indi-
ans, letter ...

du)


106

MIDWEST ALLIANCE or SOVEREIGN TRIBES

(Minnesota, Wisconsin, Michi

n, Jowa, Indianay

PO Box 217, Cass Lake, Minnesota 56033
Ph: (218) 335-8581 Ext [21 - Pax: (218) 335-8496,
email: titken@ paullanyan,

MAST RESOLUTION NO: __03 - 01

Title: Recommendation to President Bush Regarding Federal
Action on Dioxins in the Environment

WHEREAS: the Midwest Alliance of Sovereign Tribes (MAST) is an intertribal organization
representing the thirty five (35) federally recognized tribes in the States of
Minnesota, Wisconsin, Michigan, Iowa and Indiana;

WHEREAS: it is the mission of MAST “to advance, protect, preserve and enhance the mutual
interest, treaty rights, sovereignty and cultural way of life of the Sovereign Nations
of the Midwest throughout the 21" Century”, and

WHEREAS: dioxins are a group of contaminants which are readily found in our fish and other
food supplies including Federally provided commodities, and

WHEREAS: dioxins are one of the most carcinogenic substances known, a contaminant which
is also linked to diabetes and other non-cancer human health effects, and

WHEREAS: the Minnesota Chippewa Tribe (MCT) President Defoe has sent a letter to US
President Bush requesting that the Federal Government finalize the well
documented science on dioxin contamination and move forward with guidance for
risk communication;

NOW THEREFORE BE IT RESOLVED, that the Board of Directors of MAST does hereby
support and endorse the May 16, 2001 communication fiom MCT President Defoe to US
President Bush regarding dioxin contamination in our food supplies, and

BE IT FURTHER RESOLVED, that the Board of Directors of MAST does implore President
Bush to act aggressively, in a domestic and international context, to remove the sources of dioxins
which are contaminating the environment.


66

White Earth Reservation Tribal Council

CHAIRMAN - Doyle Turner + SECRETARY TREASURER - Erma J. Vizenor
‘DIST I~ trane Augtaush Tumey + DIST H- Terance Bumete «DIST il Kenneth Bevins

SENATE HEARING TESTIMONY
June 19, 2001
Committee on Indian Affairs
White Earth Reservation, Minnesota

by
Doyle Turner, Chairman

Chairman Daniel Inouye and members of fhe Senate Committee on Indian Affairs
am honored to provide testimony today on behalf of the Tribal Membership of the
White Earth Reservation concerning important issues in reference to justice, law
enforcement and maintaining a high quality of life for our people.

has provided increased employment opportunities and
allowed us'te : Sources that are used to imprave services to our clients .
However; the iic boom and period of prosperity that this country is
experiencing collectively does not translate to the people of White Earth at the same
pace.as the dominant society.

It does, however, present Indian Country with many increased social problems and
the need to address them. Our communities are unable to participate in this
improved quality of tife if their living environment is not safe. My testimony today
will focus on the need to provide a quality public safety program that not only
includes a police unit, but will merge our culture in a community policing effort.

The White Earth Reservation currently has a public safety program that has a
police department funded primarily by Community Oriented Policing Service
grants from the Department of Justice. Our Police force, established in 1995, is able
to maintain a relatively small force that because of limited resources is unable to
effectively serve our area of jurisdiction.

Minnesota is a public law 280 state which allows the State and counties to assume
concurrent jurisdiction with the Tribes. In addition recent court cases state that
Indian Tribes in Minnesota must assume civil authorities in civil matters. These
court actions add new demands on our law enforcement and judicial efforts which
further dilutes our limited public safety resources.

PO. Box 418 * White Earth, Minnesota 56591 + Tel. (218) 983-3285 + Fax (218) 983-3641




101

Great Lakes Resource Protection

$1035

introduced by Sen. Stabenow on 6/13/01
8 cosponsors (MI - Levin)

Banking, Housing and Urban Affairs

no similar bill in the House

This is a bill to establish programs to protect the resources of and areas surrounding the Great
Lakes. It was just introduced and the text is not available through Thomas yet.


26

we were not considered a federally acknowledged tribe by the Gov-
ernment. So, it took us a few years to gain Federal recognition
from the United States. This happened on May 27 and we started
receiving Federal dollars at that time.

Today, our tribe is still very small. It is a very small tribe. We
have 3,682 members and only about one-half live in our service
area of six counties. The other one-half is nationwide. We even
have some in Germany.

Our tribe is a member of NCAI, MAST, and the National Amer-
ican Indian Housing Council.

In the 1960’s, when I left home, there were about 10 houses and
maybe 20 kids. After we gained Federal acknowledgement, we
started receiving Federal dollars and saw our first improved hous-
ing. We had no new housing yet. We had rehabilitation moneys
from HUD to help fix our houses up.

I was 18. We had no water in the house, no bathrooms in the
house. I graduated from high school in that condition. So, later on,
after we became federally recognized, this was a great improve-
ment for our tribe, having water in our houses and bathrooms in
our houses.

Today, since we continue to be a small tribe, we have 126 hous-
ing units at our tribe. We have a very small reservation, I think
about 500 acres immediately surrounding the old village. We have
six counties, acreages here and there in our six counties.

Though HUD has been of immense help to our tribe, I believe
there is still room for improvement and people from NCAI and the
Millennial Housing Commission, that was a group formed by Con-
gress, wanted to know some priority for all, well, not all tribes, but
at least some Midwestern tribes, at least the MAST area.

So, with that, what I ask is that some of the NAHASDA reau-
thorizations, should continue to move forward. They should con-
tinue to furnish housing for our tribe, for our people in general
throughout the country.

According to NCAI figures there are at least about 225,000 units
still needed by our Indian people.

What we would like to see, and this is on your list here, as In-
dian people we would like to see the creation of a Federal task
force to work on infrastructure. We have housing, but we still need
roads, electricity, water, and sewer. Somehow those got cut out of
the formulas a few years ago. At one time they were in. I don’t
know what has happened.

But we would like to see the creation of a Federal task force to
work on the infrastructure needs for our Indian country. We would
like to see a restructuring of the HUD 184 Program to make it
more user friendly. By that, I believe it is extremely difficult for
our people to go to the bank or mortgage company and get a loan.

Indian people in general are afraid of the paperwork, don’t like
excessive paperwork. A lot of them don’t followup or follow
through. So, if we could restructure the HUD 184 Program and
make it more usable for our people. We would like to see: No. 3,
a set aside for the Mortgage Revenue Bond Program.

No. 4, we would like to see Federal funds going to the Commu-
nity Assistance Programs to create a 7th-program specifically to as-
sist tribes with water and sewer.


22

to not have excessive and to not have overlaps. So, I appreciate
your support in that regard.

Senator CAMPBELL. I really didn’t ask either one of you a ques-
tion. I just wanted to make those comments.

But, Chairman Chingwa, I am not aware of this State-Federal
agreement to divert water from the Great Lakes. Where is it going
to and under what authority are they doing that?

Mr. CHINGWA. That is our concern. We are not included in any
of the discussions. As a matter of fact, in the newspaper this morn-
ing there is an article about the Great Lakes Governors signing a
pact to save waters. Again, the tribal governments are not included
in these discussions.

As I cited in my testimony, there are a number of treaties that
the tribes have entered into which involve the Great Lakes and the
protection of the Great Lakes. Again, the tribes are being left out
of those discussions.

To answer your question, I can’t answer the question because I
don’t know where they are going.

Senator CAMPBELL. You can’t answer the question because you
are totally out of it.

Mr. Cuincwa. Because we are not included, right.

Senator CAMPBELL. So, you don’t know whether they even want
to divert it for municipal use or agriculture use or what.

Mr. CHINGWA. Well we do know, in some of the meetings that we
have attended regarding this issue that is going to become an
international issue eventually because of the shortage of water that
people are experiencing in the Southwest and the country of Mex-
ico. The entire city of Mexico City is collapsing because the water
table is being used up. So, countries and other States of the Union
are going to be clamoring for water.

We don’t have any input at this point as though we believe we
are legally allowed to have.

Senator CAMPBELL. You did mention though that you have made
your own congressional delegation aware of your concerns?

Mr. Cuincwa. We have. We have been writing a number of let-
ters. We do this on a regular basis. Hopefully we will get some re-
sults after this.

Senator CAMPBELL. I thank you.

Chairman Inouye.

The CHAIRMAN. Thank you very much. Before proceeding, I
would like to apologize to all of you for being late. You will soon
find out that there was a 2,000-car motorcade made up of Ford Ex-
plorers. It took me 21% hours to arrive here. So, we have finished
the parade.

They are here to participate in the hearing on Ford versus Good-
year Tires.

Senator CAMPBELL. We can report that none of them turned over
on their way downtown.

The CHAIRMAN. Although I wasn’t here to listen to all the testi-
mony, I have done some reading here.

First, to Chairman McGeshick, I know you recommended a legis-
lative approach to expediting land acquisition for developing en-
ergy-generating projects. Can you describe this?


‘cobs

5. POTENTIAL FOR HUMAN EXPOSURE

Table 5-6. Dioxins, Dibenzofurans, and Dioxin Toxicity Equivalencies (TEQs)

105

in U.S. Foods (ppt, wet weight }

Total TEQs for
Food type coo coF CODSICOFs
Fist
Haddock 075 ond 0.03
Haddock fillet 0.35 0.07 0.02
‘Crunchy haddock 291 051 0.13
Perch 1.55 114 0.02
Cod 0.82 0.09 0.02
Meats
Ground beet 44 70 15
Beef rib sirloin tip 06 02 0.04
Beet rib steak 30.7 46 03
Pork chop 59.3 25 03
Cook ham 59.3 25 03
Lamb sirloin 8.95 0.85 04
Bologna 37 04 0.12
Chicken drumstick 0.95 0.14 0.03
Dairy
Cottage cheese 06 03 0.04
Soft blue cheese 14.0 5.0 07
Heavy cream 5.0 20 04
Soft cream cheese 4.0 20 03
‘American cheese slices, 40 20 03

Source: Schecter et al. 19940

CDDs = chlorinated divenzo-p-dioxins; COFs = chlorinated dibenzofurans; TEQ = toxicity equivalency

WHAT THIS MEANS TO CONSUMERS

A200 POUND HUMAN WHO EATS ONE QUARTER POUND

CHEESEBURGER HAS REACHED THE DAILY MAXIMUM FOR DIOXIN

TEQ FOR THE DAY (carcinogenic effects only).

A 100 POUND HUMAN WHO EATS HALF OF A QUARTER POUND
CHEESEBURGER HAS REACHED THE MAXIMUM FOR DIOXIN TEQ FOR,

THE DAY(carcinogenic effects only).


34

economies and our daily lives. Declines in the water level of Lake
Superior affect pollution levels and access to transportation.

Declines in annual snowfall affect winter recreation. Alter the
water table, and may soon affect fish and wildlife populations. In-
creasing temperatures affect our forests and agriculture, open our
natural environments to invasions of new species, and may begin
to affect the health of our elders and other vulnerable groups.

The increasing frequency of intense storms, wide swings in tem-
perature and other dramatic weather events affect our community
infrastructure—water supplies, roads, sewage treatment facilities
and electrical power.

Education is one way in which our communities are preparing to
address these issues created by these changes. Tribal colleges in
the Great Lakes region are building strong programs in the biologi-
cal sciences, forestry, and natural resource management.

The College of the Menominee Nation offers a degree program in
forestry, which is based on the detailed knowledge of local environ-
ments which the Menominee Nation has acquired through numer-
ous years of successful forest management in the same location.
This knowledge and the values on which this success is based are
combined with contemporary scientific analyses and management
approaches. This combination of traditional knowledge and values
with contemporary success strengthens the Menominee Nation’s
abilities to adapt successfully to the rapid environmental and eco-
nomic changes.

Lac Courte Oreilles Ojibwa Community College has developed a
strong educational program which uses contemporary geographic
information systems technology to assist the tribes in mapping and
analyzing reservation resources in close detail. This same tech-
nology has contributed to the development of a successfully rural
transportation system which serves the entire tribal community
and also the county.

The tribal colleges in the Great Lakes region contribute to their
communities in other ways as well. Tribal college faculty serves as
judges for local science fairs. Students from local high schools take
tribal college courses even as they are still completing their high
school years.

Summer programs offer special training for younger students,
and likewise give them a chance to participate in live on a tribal
college campus. Tribal college faculty and staff frequently provide
technical assistance to agencies and programs of tribal govern-
ments.

The libraries of tribal colleges are frequently the only libraries
available to most reservation residents. And a recent study by the
American Indian Higher Education Consortium indicates that trib-
al communities with tribal colleges have higher work-force partici-
pation rates than comparable tribal communities that lack their
own colleges.

With all of these success stories, however, we still have a long
way to go. Tribal schools need to slow down the turnover rates for
faculty and administrators. The schools need qualified science
teachers, and teachers who understand and communicate the val-
ues of the tribal communities they serve.


115

MIDWEST ALLIANCE of SOVEREIGN TRIBES

(Minnesota, Wisconsin, Michigan, lowa, Indiana)

PO Bus 217, Cass Lake, Minnesota 56033
Ph; (218) 335-8581 Ext. 121 - Fax: (218) 335-8496
wl: ctaithen @ panlbunyan.oet

July 16, 2001

The Honorable Daniel K. Inouye
United States Senate

Clo Senate Indian Affairs Committee
SH —Rm. 838

‘Washington, D.C. 20510

Dear Senator Inouye:

Attached please find the information you requested of certain tribal witnesses who
testified before the Senate Indian Affairs Committee on June 19, 2001, Washington, D.C.
The attached information is provided by Tribal Witness Ms. Ardith (Dodie) Chambers,
‘Treasurer, Grand Traverse Band of Ottawa and Chippewa Indians, Suttons Bay,
Michigan.

On behalf of the Midwest Alliance of Sovereign tribes (MAST) I wish to express my
appreciation to you and the Senate Indian Affairs Committee for the opportunity for the
MAST tribes to provide our Tribal issues and concerns for the 107 Congress.

If we may be of assistance to you in the future on any of the issues we presented or items
not covered at the hearing please contact Mr. Roger T. Aitken, MAST Executive Director
at 218.335.8393,

Sincerely, /
bby ibang
eye rather, rote

Attachment

CC: Ms. Patricia Zell, Staff Director
Ms. Marilyn Bruce, Committee-Chief Clerk


58

Mille Lacs Band of Ojibwe - MAST Senate Testimony
June 19, 2001

Attached is a summary of what has happened with our funding versus what
has happened with Bureau funding over the last seven years. Because the Band
government compacts all eligible programs, the analysis of what has happened to
funding is-very clear. Under self-governance, the funding the Band received from
1993-2000 has decreased by 5% whereas the Bureau's budget has increased 20%
over the same time period. It is our belief that this was never the intent of the self-
governance policy and that our base level funding should increase proportionally
with the Bureau’s budget. In 1995, during the period of the Graham/Rudman
budget cuts. our base funding was reduced at the same level as all other federal
programs. Yet, as the Bureau developed its budget it initially kept our base funding
at the same level, and only when Congress passed additional funding did we see any
increase in our funding. (It should be noted that we took a 17% cut in 1995,
whereas the BIA took only a 10% reduction.) Hence, the Congress needs to step in
on behalf of self-governing tribes to ensure that our increases are commensurate
with BIA increases.

We believe that this issue should be addressed in legislation, and is currently
detrimental to self-governance Policy. The solution is to require the funding of
tribal base level budgets at a level proportional to the funding increase in the BIA
and Department of Interior Budgets.

LEGISLATION ON TRIBALLY OWNED FEE LANDS

There are few statutes relating specifically to the status of fee simple lands
owned by a tribal government within the reservation, and this lack of guidance is
generating a large number of issues. The result is that courts have to determine
many matters without any guidance. Furthermore, because of the difficulty in
moving land intro trust, there are numerous problems developing out of this issue
as well.

‘The Mille Lacs Band would like to see an improvement in the current system
of transferring land from fee simple status to Federal trust status. Congress should
consider the enactment of legislation that would provide a special status for tribally
owned fee lands within reservation boundaries. Many of these lands are being used
for tribal government purposes. In spite of this fact, these lands are subject to
certain’ types of jurisdiction exercised by counties and states. This includes
subjecting these tribal lands to taxation by another sovereign. We believe that one
way to deal with these issues would be legislation that deems lands within
reservations, when owned by the tribal government and used for governmental
purposes, to be non-alienable and immune to the jurisdiction of any sovereign other
than that of the owning tribe, except as provided by federal law.


112

Preservation and Infrastructure Improvement to the Fiscal Year 2001 Interior
Appropriations Bill, H.R. 4578. To our dismay, virtually none of the tribal allocations
from either the House or Senate versions of CARA last year were included in CARA
Lite, leaving tribes with nothing for their conservation responsibilities. After an
additional $50 million was added for wildlife conservation to Sections 901 and 902 of
Title IX, Wildlife, Ocean and Coastal Conservation in the Fiscal Year 2001 Commerce,
Justice, State, and Judiciary Appropriations (CJS) bil, tribes were further shocked to
discover that, at the last minute during the final House-Senate conference, the tribal
allocation percentage was dropped, leaving tribes as technically eligible to receive
funds but with no allocation, These actions represented significant blows to tribal
conservation efforts after years of cooperative effort in support of the campaign for
CARA

Because tribes were left out of CARA Lite, our hope lies in the enactment of CARA this
year. If tribes are to preserve our resources and our way of life, we need access to
funds in a manner similar to other agencies charged with the protection of America's
land and water. | sincerely

Testimony of the Hon. Bobby Whitefeather, Chairman, Red Lake Band of Chippewa indians

Page 4

June 19, 2001 - Senate Commitee on indian Affirs

hope that you, and this Committee's colleagues in the Congress, will take my words to
heart, and do the right thing on behalf of America's Indian tribes.

Proposals for Tribal Conservation in President Bush's 2002 Budget

Flexible Land and Water Conservation Fund Grant Program:

The Land and Water Conservation Fund (LWCF) was established by Congress in 1965
to provide financial assistance to states for planning, acquisition, and development of
recreational land and water areas, and to federal agencies for acquisition and
development of certain lands and other areas. The territories and the District of
Columbia were included in the authorizing language as eligible to receive funding under
the LWCEF, but not tribes.

President Bush proposed a Flexible LWCF Grant Program in his FY 2002 budget. This
program would fully fund the LWCF for the first time at $900 million ($450 million for the
federal government and $450 million for the states). Under the LWCF, funds are
typically used for recreational tand planning, acquisition, and development projects. But
under Bush's proposal the LWCF would be flexible, based on the needs of the recipient.
Besides land acquisition and development, recipients would be able to incorporate the
purposes of several other programs such as the Urban Park and Recovery Program,
Wildlife Conservation and Restoration Program, Cooperative Endangered Species
Conservation Program, and the North American Wetlands Conservation Program. This
flexible approach no doubt has part of its genesis in CARA, which would fund a broad


16

Statement of Chairman McGeshick, Lac Vieux Desert Tribe
MAST Hearing, Senate Committee on Indian Affairs
June 19, 2001 ~ Page 5 of 6

‘One of the most immediate needs of the Tribe, as well as the entire region, is to secure a dialysis
system (machine and medical service personnel) at the Tribal health clinic. Moreover, the need
for such a dialysis program will only increase over time and therefore, LVD asks that Congress
direct the IHS to immediately make available the necessary funding for the Tribe to secure funds
for this critical medical need. In addition, the Tribe asks that Congress direct the IHS to fund a
feasibility study on the development of an Emergency Medical Center as part of LVD's health
clinic. When considering the proximity of the Tribe and surrounding non-Indian communities
being at least 60 miles from the nearest part-time emergency medical center, the need for such a
facility to serve not only the Tribal population, but also the entire population of the region, seems
appropriate.

Thave asked that the Tribe’s health care department compile health statistics on the current
service area population, health care program and service cost associations, along with projections
as to the increased health care needs of the Tribe’s service area population over the next ten
years. Once this information is compiled, we will use it to create a justification report to
Congress and to the Administration on increasing the Tribe's Federal health care funding, as well
as ways in which the Tribe can partner with the State and Federal health care agencies to better
serve its current and future health care service area population.

Education - LVD, like most Tribes in the country, receive only a fraction of the Federal
education doliars they need to operate adequate Tribal education programs, Currently, LVD
operates most of its education support programs through a two percent (2%) set aside of Tribal
gaming revenues. The Tribe also utilizes Johnson O”Malley funds to enable the Tribe to place a
Tribal educator into the public school system to ensure that Indian student attendance and
participation in the public education system is appropriately monitored.

The Tribe would like more authority over the way in which Federal “Impact Aid” funding is
spent by the State's education system, to ensure that Tribal members attending State-operated
public schools receive the same level of education and educational opportunities as do the non-
Indian students. In addition, funds must be secured under the President's education
improvement plan for after school programs and related educational needs that are currently not
being met by the State and Federal public education system.

[have asked the Tribal education director to compile statistical information on the LVD student
population in order to develop a justification plan for increased funding and authority for the
Tribe under Impact Aid, which will be presented to Congress, as well as the Department of
Education’s Office of Indian Education and the BIA’s Office of Indian Education. Our goal is to
secure the best public education environment for our Tribal students that is conducive to their
overall education needs and stimulates their desire to continue in their education goals beyond K-
12 education.


28

These are the main points that make up our ICW. That could use
still a lot of help in these areas and strengthen the ICW Welfare

ct.

Some of the things that are working on the tribes that we have
found is the Tribal Social Service Programs that have gained the
trust of tribal families and reportedly are viewed as supportive and
empowering. This direct correlation between the increase of family
services and education has decreased the number of serious abuse
and neglect cases.

We are able to use the different traditional approaches such as
the Talking Circle where the families meet with their support peo-
ple. In this the family’s strengths and weaknesses are discussed. At
that time we identify what support services are needed.

Some of the concerns that we have within our group and as Sen-
ator Campbell mentioned, are that a lot of the grant programs, you
know, we don’t want to become reliant on this grant programs, but
certainly they help us in our support services that we have.

The RAO, which is a revenue allocation ordinance, which, be-
cause of gaming, we are able to help our own tribes in the different
housing, education and welfare programs that we have. Out of our
RAO money, there is almost $400,000 that, through our own tribe
and gaming, that has helped our ICW services.

Then through the BIA we have around $65,000. So, you can see
that we are not relying on the different grants, but certainly the
grants do help us in offsetting some of the cost of it.

I also stated in my statement about some of the problems that
we have faced with the State. This is what the staff has identified,
the States are not following placement preferences. They avoid fol-
lowing the ICW Act criteria for placement.

Services and funding for services are not following the children
transferred back to the reservation. It seems like there is a void
in that area.

Notices to tribes regarding relinquishments in voluntary proceed-
ings seem to, you know, just never get to us, or sometimes they are
help up.

Penalty and lack of compliances are not really looked at. Some
of the judges and some of the court systems do not want to recog-
nize our tribal court system,

In conclusion, we hope your committee can strengthen some of
the ICW issues there. We certainly would welcome you to come and
visit our tribe, visit our reservation so you can see firsthand a lot
of things that are being done and because of gaming, too, that we
have good programs. We are not wasting the money. Not all the
tribes, though, are able to do the same things that we are because
of gaming.

T appreciate the time that you have given us. I hope that you will
accept the invitation and get together and we can see each other
again.

othe CHAIRMAN. Thank you very much, Mr. McClellan.

Now, may I call upon Council Member Camp.


94

ballast water and its sediments be treated by the most effective techniques now available and to be
developed in the future. We urge the members of this Committee to support that legislation

Congress must do more, however. It should require the EPA accept its responsibility to
prevent future introductions of exotics, and it must support a program to develop and implement
remediation ta remove or ameliorate the effects of the exotics like zebra mussels that are already
ensconced in the Great Lakes.

The cost of failing to control the introduction of exotics is staggering. This includes direct
federal outlay, as in the lamprey control effort. It also involves indirect, more local costs, such as the
need to continually clean municipal water intake pipes, or the need to remove manually the purple
loosestrife that threatens to choke wetlands. The shipping industry has evaded controls which would
have come long ago in another context. Ask yourselves this question: If there were an oil or chemical
spill on the Great Lakes that caused even a fraction of the harm caused by exotics, how would federal
regulators and Congress have responded?

In the treaties of 1836, 1842, and 1854, the federal government promised various tribes that
their right to commercial and subsistence fishing in the Great Lakes would continue. A century later,
the federal government opened a broad avenue for invasion of the Great Lakes by harmful exotic
‘species, and that invasion threatens the fishing rights secured by treaty. The federal government has
a clear responsibility to end the threat and clean up the damage done. This is a duty owed the treaty

tribes and all citizens of the Great Lakes basin.


9

average cost is $3,500 per person. The IHS funding is $1,600 per
erson.

p Further analysis showed that the funding IHS receives is not

equally distributed throughout the IHS areas. The Bemidji area

gets $850 per person and we are the lowest funded IHS area.

We respectfully request that this committee take action to bring
every tribe up to at least 70 percent of the needed funding.

In addition, a special appropriation is needed to bring the
Bemidji area tribes up to an average of 65 percent of level needed

funding.

I have to make a correction here. In my statement I have submit-
ted I believe there is a typo here. It reads “6.5.” It is actually 65
percent. So, please make a note of that.

Mr. Chairman, this completes my statement on behalf of the
Leech Lake Band of Ojibwe and the MAST.

(Prepared statement of Mr. Hunt appears in appendix.]

Senator CAMPBELL. Thank you.

Chairman Turner.

STATEMENT OF DOYLE TURNER, CHAIRMAN, WHITE EARTH
TRIBAL COUNCIL, WHITE EARTH, MN

Mr. TURNER. Good morning. My name is Doyle Turner. I am the
chairman of the White Earth Reservation Band of Ojibwe Indians.

Honorable committee members, I am honored to provide testi-
mony today on behalf of our membership. We are talking today
about law enforcement issues related to a high quality of life for
our people.

We are experiencing limited economic growth, due in large to our
gaming enterprise. The growth has provided increased employment
opportunities and allowed us to add resources that are used to im-
prove services to our clients.

However, the economic boom and period of prosperity that this
country is experiencing collectively does not translate to the people
of White Earth at the same pace as the dominant society. It does,
however, present Indian country with many increased social prob-
lems and the need to address them.

Our communities are unable to participate in this improved qual-
ity of life if their living environment is not safe. My testimony
today will focus on the need to provide a quality public safety pro-
gram that not only includes a police unit, but it will merge our cul-
ture in a community policing effort.

The white Earth Reservation currently has a public safety pro-
gram that has a police department funded primarily by Community

riented Policing Service grants from the Department of Justice.
Our police force, established in 1995, is able to maintain a rel-
atively small force that, because of limited resources, is unable to
effectively serve our area of jurisdiction.

Minnesota, as you know, is a Public Law 280 State, which allows
the State and counties to assume concurrent jurisdiction with the
tribes. In addition, recent court cases state that Indian tribes in
Minnesota must assume civil authorities in civil matters. These
court actions add a new demand on our law enforcement and judi-
cial efforts, which further dilutes our limited public safety re-
sources.


i

Statement of Chairman McGeshick, Lac Vieux Desert Tribe
MAST Hearing, Senate Committee on Indian Affairs
June 19, 2001 — Page 6 of 6

Social Services ~ One of the greatest needs at LVD and throughout the Great Lakes region is in
the area of social services. Although political reality tells us that the area of social services will
undoubtedly be one of the least areas of focus by the Administration and Republican-controlled
House until the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA,
or Welfare Reform) comes up for reauthorization, the need still continues. LVD operates very
successful Early Head Start, Head Start and related childcare services through the Tribe’s child
care/education center. With over seventy children being served from infancy through
Kindergarten, the financial and programmatic burdens are evident, yet somehow the center does
an incredible job with the little funding it receives

With the reauthorization of the Personal Responsibility and Work Opportunity Reconciliation
Act (PRWORA, or Welfare Reform) expected this Congress, I have asked our Social Services
director to provide me with statistics on the current population being served through the Tribe’s
center, as well as information on those programs and services that the center would like to begin
providing to the entire family of the children currently being served. (Le., child care, family
counseling, supplemental nutrition services, a Boys & Girls Club, increased Early Head Start and
Head Start funding, and possible Department of Education Early Learning Program funds to help
expand the Tribe’s kindergarten program). LVD wishes to work with Congress to develop a plan
to improve the programs, services and funding levels for the litany of social service needs that
LVD and many other Tribes throughout Indian Country will face in the years to come.

In Conclusion - Chairman Inouye, Vice Chairman Campbell and Members of the Senate
‘Committee on Indian Affairs, this concludes my statement for the record and [ will be happy to
answer any questions you may have at this time, or through supplemental written form, upon
your request. On behalf of the LVD Tribe, I thank you for the opportunity to testify before this
Committee today on these important issues.

tee


83

TESTIMONY OF MIKE CHRISTENSEN, COUNCILMAN
LAC DU FLAMBEAU BAND OF LAKE SUPERIOR CHIPPEWA INDIANS
BEFORE THE SENATE COMMITTEE ON INDIAN AFFAIRS.
PRIORITIES FOR THE 107TM CONGRESS
JUNE 19, 2001

Chairman Inouye, Vice Chairman Campbell, and members of the Committee. I am Mike
Christensen, Councilman from the Lac du Flambeau Band of Lake Superior Chippewa Indians, from
Wisconsin. I greatly appreciate the opportunity to testify here today ~ and I applaud the
‘Committee’s efforts to reach out to hear from Tribal leaders from all parts of the United States
regarding our concems and priorities. I would like to address a topic of great importance — trust
lands.

As the Committee is aware, Indian tribes have always had a special connection to our lands.
This connection touches all parts of our lives ~ as our lands have cultural, spiritual, subsistence,
historic and economic importance to us. The lands we live on, and the natural resources derived
from those lands, help to define who we are as a people. Preserving those lands, and assuring a
viable homeland for our people, is one of our greatest challenges for the future,

Like many Tribes, Lac du Flambeau has suffered the loss of a substantial part of the land that
was promised to us by the United States and set aside for us as our Reservation, Our Reservation was
allotted ~ which resulted in the loss of a significant portion of our lands, including most of the
desirable shorelands around the lakes in our Reservation. Today more than one-third of our
Reservation lands are held in fee by non-Indians. Trust and fee lands are mixed together throughout
many parts of the Reservation in ways that basically make it impossible for the Tribe to protect and
use those lands effectively. ‘The checkerboard land pattern on our Reservation is one of the greatest
obstacles to our ability to achieve our goals of self-determination and self-sufficiency,

In addition to the loss of trust lands, at Lac du Flambeau the allotted lands that remain in trust.
are heavily fractionated. We have a serious heirship problem, which creates difficulties in making
effective use of a major portion of our trust lands. To begin to address this, Lac du Flambeau is one
of the tribes participating in the BIA’s Land Consolidation Project — under which we are seeking to
purchase for the Tribe some of the most heavily fractionated interests in trust land. We believe these
kinds of efforts — to purchase and restore fractionated tracts to Tribal ownership ~ is important and
should be expanded, We urge the Committee to support increased funding for the Land
Consolidation Project. We would also like to thank the Committee for its leadership last year in
enacting amendments to the Indian Land Consolidation Act, to provide greater opportunities to
address the fractionated heirship problem.

Beyond measures to deal with fractionated heirship, we need an effective way to purchase
fee lands and have those lands put into trust. Restoring fee lands to our Tribal trust land base is a


5

[Prepared statement of Mr. Chicks appears in appendix.]

Senator CAMPBELL. Okay, I am sure we will have some. Before
we proceed, though, Senator Wellstone is here and a number of
people in the audience today are his constituents. Perhaps you
would like to make an opening statement before we go on, Senator.

STATEMENT OF HON. PAUL WELLSTONE, U.S. SENATOR FROM
MINNESOTA

Senator WELLSTONE. Thank you. I want to move this along be-
cause I am anxious to hear the rest of the testimony.

I want to extend a very warm welcome to Ms. Benjamin who is
chief executive officer of Mille Lacs Band. Welcome Melanie, and
thank you for your very good leadership. To Eli Hunt, chairman of
Leech, thank you for being here as well. That is the Leech Lake
Band. And Doyle Turner, chairman of the White Earth Band.
Melanie and Doyle were elected for the first time, Mr. Chairman,
in elections last year. I believe, Eli, yo won reelection. I thank you
for your leadership and look forward to your testimony.

Mr. Chairman, I think we have represented here today some
very strong and very progressive leadership in Indian country in
Minnesota. Thanks to each of you.

Senator CAMPBELL. Thank you.

Ms. Benjamin, before you start though, could I ask Chairman
Chicks, we have a smaller map in our briefing book as the one that
is up there, but I am not clear about all the colors. The green, did
you say the green is tribal lands owned but not in trust?

Mr. Cuicks. Right. The green is tribal fee lands. There are about
2,500 acres of tribal fee lands.

Senator CAMPBELL. And the yellow?

Mr. CHICKS. The yellow is tribal trust.

Senator CAMPBELL. And the red and the purple?

Mr. CuicKs. Those were the lands that were really left to us
prior to the passage of the Indian Reorganization Act.

Senator CAMPBELL. I see.

Mr. Cuicks. So, from the very first map it showed the entire
46,000 acres.

Senator CAMPBELL. Right. Now the red and purple are the only
pieces left from your original. I see. Okay. Thank you.

Ms. Benjamin, would you proceed?

STATEMENT OF MELANIE BENJAMIN, CHIEF EXECUTIVE
OFFICER, MILLE LACS BAND OF OJIBWE, ONAMIA, MN.

Ms. BENJAMIN. Good morning. Thank you for those words, Sen-
ator Wellstone.

Mr. Chairman and members of the subcommittee, my name is
Melanie Benjamin. I am the chief executive of the Mille Lacs Band
of Ojibwe in Minnesota. As a member of the Midwest Alliance of
Sovereign Tribes, it is my honor to present the views of the Mille
Lacs Band.

Today, I respectfully request that the committee introduce legis-
lation in three areas. First, amendments to title IV of Public Law
93-638, the Self-Governance Act as it applies to the BIA and the
Department of the Interior are needed to reflect advances made in
title V.


ii

especially for fish and wildlife conservation. Still, we do the best we can with the limited
funds we have.

For the most part, tribes have been left out of authorizing language for federal
conservation programs, even though these programs were enacted to conserve all of
‘America’s resources, and even though tribes are responsible for managing more than
2.25% of the land resource base

within the United States. For example, tribes cannot access substantial funding
sources like the

Testimony of the Hon. Bobby Whitefeather, Chairman, Red Lake Band of Chippewa Indians
Page 3
June 19, 2001 - Senate Committee on Indian Affairs

Federal Aid in Fish and Wildlife Restoration Acts of 1950 and 1937. These acts levy
excise taxes on hunting and fishing equioment, and allocate the proceeds (about $450
million annually)

to the fifty states, territories, and the District of Columbia for fish and wildlife programs.
Tribal

members who hunt and fish pay these excise taxes just like all Americans, but none of
these revenues come back to tribes to fund programs which benefit fish and wildlife on
that portion of America under tribal jurisdiction.

nserve ind Reinvestment Ac ARA)

Red Lake and, | believe it is safe to say, most of the 561 federally-recognized Indian
tribes across the country, strongly support CARA and the lasting benefits it will provide
for conservation and future generations of Americans. | thank the Congress for recent
improvements made to CARA with respect to tribal government participation, most
notably the 2,25 % proportional funding share provision included within Title Ill. | also
thank the House Appropriations Committee for retaining $5 million of President Bush's
proposed $10 million FY 2002 tribal allocation under the Land and Water Conservation
Fund (LWCF) state grant program. These actions signal a recognition by the
Administration and the Congress of the great need tribes have for conservation funding,
and | am very pleased to see these improvements.

The enactment of CARA, and the direct participation by tribes in CARA-supported
programs, is absolutely critical to Indian tribes. Like states, tribes have governmental
responsibilities for the conservation of fish, wildlife, and other resources on their lands.
Like states, tribes regulate hunting and fishing and gathering on their lands. Like
states, tribes would receive critically needed conservation funding under CARA. But
unfortunately, when CARA died late last year and CARA “Lite” was enacted, tribes were
completely shut out from the CARA Lite conservation funding, states and local
governments.

CARA Lite, as you know, was enacted as a new Title Vill, Land Conservation,


81

Statement of Ruby Camp before the Senate Indian Affairs Committee
Elders Issues -- June 19, 2001

Senator Inouye and members of the Committee:

Good moming. 1 am Ruby Camp, a member of the Council of the Lac Vieux Desert
Tribe, located near Watersmeet in Upper Michigan. Thank you for the opportunity to
appear before you on a subject of great importance. I refer to the situation of our
elders, the people who gave us life - who showed us the road, helped us when we
stumbled, and taught us every important lesson. No matter what our age may be, we
owe our existence, the persistence of our heritage, and our birthright to those elders.

Our elders face critical issues in their communities.

The budget for Indian Health Services last year was $2.4 billion to be shared by all 600
plus tribes in the United States. For this year, the proposed increase is only $170
million; and that proposal is now facing a 12% -15% decrease. The Indian Health
Service spends an average of only $1400 per person each year, which is expected to
cover not only personal health care for individuals, but also public health nurses and
other community health personnel and equipment, as well as monitoring sewer systems,
wells, and public health hazards in the reservation communities. In contrast, money
spent on health care for federal employees in 1998 averaged $3,300 per person for
personal health care alone.

* 47% of Native People live in rural areas, compared to only 27% of the white

population-

© 30% of Native Americans have no vehicles-

© 31 % have no telephone;

© and 24% speak no English-
all of which result in isolation.

The National Indian Council on Aging, has identified ten major health concerns of
Native people: Alcoholism, Blastomycosis, SIDS, AIDS, Heart disease, Liver disease,
Tuberculosis, Cancer, Dental issues, and Obesity.

More Indians die of alcoholism by a proportion of 459% than the rest of the population;
more have TB by 233%; and more have diabetes by a factor of 157%. Diabetes has
reached crisis proportions in Indian country, and Native Americans have a higher rate of
complications than the general public. One out of every five Native Americans is
diabetic, and in some families, every member is affected.


107

Page 2
Resolution # _03 - 01
May 21, 2001

CERTIFICATION

We certify that this Resolution was duly presented, read, and officially acted upon at the Regular
Quarterly meeting of the Midwest Alliance of Sovereign Tribes on May 21, 20001, Washington,
D.C., a quorum present.

FOR: _7 AGAINST: _ 9 SILENT: _9 Resolution passed.

For the Midwest Alliance of Sovereign Tribes:

Dalat slezloy
BOBBY WHITEFEAJHER, PRESIDENT DATE
¢ “Zee i

ROBERT CHICKS, SECRETARY DATE


92

source of livelihood and subsistence for tribal members, as well as a connection to the wellspring or
our traditional culture.

Last year the treaty tribes of Michigan concluded a 20 year agreement with the state and
federal governments on the exercise of treaty fishing rights and on fisheries management on the Great
Lakes. Recreational fisher grotips, the Michigan Chamber of Commerce, and other interested groups
participated in the negotiations, and all governments and user groups who share the resource

supported the accord. Today, however, this careful balancing of interests is threatened by

environmental impingements on the fishery. The fishery resource is imperilled on a number of fronts:
threatened water diversion, lateral drilling, polluted sediment, tainted fish, continuing point source
pollution, to name a few. Some of these issues are addressed in the written materials submitted with,
this statement. But today, in the short time allotted, we want to flag one crucial problem, one
created by the federal government that the federal government up to now has done little to help
solve: the introduction of exotic (non-indigenous or non-native) species.

‘The St. Lawrence Seaway was undoubtedly an economic boon to the Great Lakes basin. But
it opened up an avenue for the invasion of many exotic species (and human pathogens as well). A
Great Lakes Fishery Commission study shows that at least 136 exotic species have invaded the Great
Lakes, and that 10% of these have had serious impacts. The most infamous of the invaders is the sea
lamprey, which wreaked havoc on native fish stocks, especially lake trout. Five decades later, despite
amassive control effort, the lamprey remains a serious threat to native fish species and an expensive
pest to control.

Aprimary vector for the introduction of exotic species is the ballast waters of “salties,” ocean-

going vessels that enter the Great Lakes. Foreign species are picked up for the ride when these ships


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MILLE LACS BAND OF CHIPPEWA INDIANS

Executive Branch of Tribal Government

TESTIMONY OF THE
HONORABLE MELANIE BENJAMIN
CHIEF EXECUTIVE OF
THE NON-REMOVABLE MILLE LACS.
BAND OF OJIBWE INDIANS
ONAMIA, MINNESOTA.

Before the Senate Committee on Indian Affairs
June 19, 2001

Mr. Chairman and Members of the Committee, my name is Melanie
Benjamin. I am the Chief Executive of the Mille Lacs Band of Ojibwe from
Onamia, Minnesota. It is an honor to present the views of the people of the Mille
Lacs Band to the Committee.

Today, I respectfully request that the Committee introduce legislation in
three different areas.

First, amendments to Title IV of Public Law 93-638, the Self-Governance Act
as it applies to the Bureau of Indian Affairs (BIA) and the Department of the
Interior, are needed to reflect advances made in Title V.

Second, legislation relating to the transfer into trust, immunity from the
exercise of local and state jurisdiction, and non-alienability of tribal fee land within
reservation boundaries should be introduced

Third, an economic development grant program should be established under
Public Law 102-477 to create new jobs in Indian country for those formerly under
general assistance programs who are now attempting to achieve self-sufficiency.

TITLE IV AMENDMENTS AND TRIBAL SELF-GOVERNANCE

‘The development of self-governance is probably the most. significant
enhancement of the United States/Tribal Government Relationship since the treaty
era. Through self-governance, the Band has been able to develop economic
activities to employ its members, construct facilities for education and health needs,
and establish public water systems and housing. Over the past ten years, the Band
has made unprecedented progress unlikely to be matched in the future by any BIA
program.

HCH 67, Hox 194, Onemie, Memeo $6350 9122 SA2-HE51 PANM UOI21 SS



18

suppliers have grown their businesses to meet the needs of Indian
gaming facilities.

The projected impact of Indian gaming nationwide is more than
$12 billion per year. For Onieda and other MAST, gaming also
brings benefits to our communities and tribal members. In Onieda,
gaming revenues have allowed us to build a new police department,
have allowed us to provide new and improved housing, affordable
housing for our elders and middle income housing.

It has allowed us to build a school, kindergarten through high
school, a daycare facility, and most recently, as I mentioned earlier,
we just secured bonding that is going to allow us to build a new
health care facility.

Mr. Chairman, this is only the beginning. The list of benefits
that Indian gaming brings to eur communities and to the surround-
ing communities could go on indefinitely. But I will stop my com-
ments here. I want to thank you and the committee for hearing our
testimony today and we look forward to working with you on our
legislative priorities in the 107th Congress.

(Prepared statement of Mr. Danforth appears in appendix.]

Senator CAMPBELL. Chairman Chingwa, why don’t you go ahead
and finish this panel?

STATEMENT OF GERALD CHINGWA, CHAIRMAN, LITTLE
TRAVERSE BAY BANDS OF ODAWA INDIANS, PETOSKY, MI

Mr. CHINGWA. Thank you. Good morning, Chairman Inouye, Vice
Chairman Campbell and members of the committee.

I am going to read from my prepared text. It is only 14% pages
to 2 pages. So we will all be on the same page. My testimony today
is regarding the opposition to diversion of Great Lakes water and
our concern to the compromise of the diversion of Great Lakes wa-
ters.

My name is Gerald V. Chingwa. I am the chairman of the Little
Traverse Bay Bands of Odawa Indians with tribal headquarters lo-
cated in Petosky, MI. I am also chair of the Great Lakes Resource
Committee, which is part of the Chippewa Odawa Resource Au-
thority, which is a group which manages Great Lakes resources as
part of the consent decree negotiated between the United States,
the State of Michigan, and the five tribes in Michigan.

I am also an executive officer of MAST, acting as treasurer.

As the Great Lakes are absolutely critical to our tribe, we appre-
ciate your efforts to protect them from degradation and diversion.
From pre-European contact through the present, the members of
the Little Traverse Bay Bands of Odawa Indians have relied on the
Great Lakes for our subsistence and commercial livelihood and
transportation.

Given the importance of the Great Lakes to our way of life, we
are gravely concerned that the compromise being considered be-
tween the State of Michigan and the United States regarding re-
moval of water from the Great Lakes omits Little Traverse Bay
Bands of Odawa Indians, as well as other tribes from the parties
that determine the fate of these sacred waters.

This compromise is referenced in the Traverse City Record Eagle
on June 30, 2000. On June 27, 1999, our tribe enacted its own
Great Lakes protection statue, Waganakising Odawa Statute


aT

balances the broader historical context of tribes and their land against the present realities
of land ownership.
3) Why the proposed revised administrative regulations for taking land into trust
should be permitted to go into effect.

The proposed land-to-trust regulations now pending should be permitted to go into
effect. As I discussed earlier, the final rule scheduled to go into effect August 13, 2001
answers many of the concerns that various parties have had in the past with the federal
process of placing land into trust for Indian tribes: 1) The proposed regulations strike a
balance between the interests of tribes and local governments while preserving the land-
to-trust process established under 25 U.S.C. § 465; 2) The proposed regulations place
higher scrutiny on off-reservation acquisitions; 3) The proposed regulations provide a
needed and valuable tool for landless tribes to begin to acquire trust land; 4) The

proposed regulations treat land applications for parcels contiguous to existing
reservations as off-reservation.

‘The balance struck by the proposed regulations recognizes the underlying reality
that the world we live in is one in which we are becoming more interdependent. Tribes
and local governments, therefore, are forced into closer contact. A federal policy that
unduly favors one side or the other unnecessarily makes it more difficult for cooperation
and co-existence between tribes and local governments. Any contemplated further
consideration of the interests of other non-Indian parties is undue: the proposed
regulations strike that balance fairly and equitably while preserving the intent of the IRA.

The letter and spirit of the IRA create a process between the Federal Government
and the Tribe. Nothing in the statute suggests that local governments should have any
role in the process. The proposed regulation is rigorous enough to ensure that local
governments will have significant opportunities to have their interests weighed by the
Department when considering a trust acquisition.

There is little doubt that even under the current regulations local governments are
receiving an opportunity to make their interests known in a meaningful way. The last
fee-to-trust transaction completed by the Stockbridge-Munsee Tribe and the U.S. took
over three years. Though a combination of factors caused the delay, one of them
included an appeal by a county government that added about 5 months to the process

‘The county’s appeal was only a single step in the appeal process (appealing the
Superintendent's decision to the Area Office) but still added 5 months to the time the
Tribe had to wait. These 5 months were important as the Tribe wanted to use the land to
build a waste water treatment facility and new health center. These projects were delayed
by the County’s appeal and for various financial reasons, time was of the essence.

Statement of Robert Chicks 6/19/01 - p. 4


51



Chairman Inouye, SCIA
Re: MAST Hearing Follow-up Response on Tribal Economic Development
July 10, 2001 -- Page 3 of 3

on Ways and Means. We would appreciate the SCIA improving upon this legislation by
increasing the depreciable year rate from 2-to-I to 3-to-1 for equipment and other property
utilized in Tribal economic development projects.

> Fifth, provide Federal-funding incentives to States and local governments that actively
and fully negotiate cost sharing of Indian economic ventures that directly benefit non-
Indian communities as well as the Tribal community.

One of the historical barriers to expanded revenue-generating projects on Indian lands has been
the conflict between the Tribes and the surrounding State and local governments. However.
most economic develop projects provide jobs to more non-Indians than Indians living in the
region for which a Tribe is located. In addition, municipality improvement projects such as
energy generation, roads construction and fire and police services also benefit the surrounding
non-Indian communities as much as the Tribal community. Therefore, State and local
‘governments should be extended Federal incentives that will entice negotiations over fair and
appropriate cost sharing of such projects that equally benefit Indian and non-Indian communities
alike. We urge the SCIA to explore this area of reasoning and develop legislative provisions that
advance these concepts.

By providing tax credits for investors willing to invest in projects on Indian lands,
providing for the issuance of tax-exempt bonds by Tribal governments, and further funding
Indian empowerment zones grant funding, Congress and the Administration will help to ensure
that indian Country is provided the appropriate tools to create sustainable economies and reach
the ultimate goal of economic self sufficiency for Tribal governments throughout Indian
Country.

| hope that this supplemental response has helped better explain our position on how
‘Congress can improve upon economic development opportunities in Indian Country. If you have
any further questions, or need additional information, please do not hesitate to contact me at
(906) 358-4577.

Sincerely.

Behe Mion back 4S
Richard McGeshick,
Chairman

Cc. SCIA Vice Chairman Ben Nighthorse Campbell


13

But when you have an unemployment rate of near 50 percent,
the real question is whether we are going to end up just pushing
a lot of people off a cliff. This is a real issue. I think right now,
with the exception of the 20 percent work requirement in Indian
country, if you have unemployment of 50 percent or over you are
exempt—is that correct—from this?

But below that, if you have 49 percent, which is a pretty high
level, there is a very real concern as to what is going to happen.
I think it is well worth looking at.

I know the committee through technical amendments last year
did some good work. But I think that Ms. Benjamin’s point of how
we meet that challenge and also on some of the economic develop-
ment, including some of the work force development and some of
the skills development is really right on the mark. I think that is
what you are really trying to do.

Listening to Chairman Hunt, I think this budget is ] mean I am
not going to rant and rave or have you and I get into a debate. We
probably wouldn’t anyway. You know, everybody is doing their
best. But when you look to a 4-percent increase, it is not a cut, but
on the other hand, it doesn’t deal with the history or legacy of
keeping people down.

I think the health care issue that Chairman Hunt talks about is
critical, critical. I am real worried about the gaps there.

Finally, I don’t know what to say to Chairman Turner. We have
been working some with you. It is a tough one because, as you said,
everyone knew that this was going to be 3 years and then to pick
it up on your own, on the other hand, I think part of what the
chairman is saying to you, Mr. Chairman, in many ways the whole
question of law enforcement and tribal court administration is ac-
tually quite related to economic development.

So, we have some tough challenges. We don’t have the kind of
budget we want. We are going to have to stay with the advocacy.
If that is an okay summary, I just want to reiterate what you said,
thank you for what you said, and you know, we will continue to,
of course, work together.

Thank you, Mr. Chairman.

Senator CAMPBELL. We have a number of bills that are up for re-
authorization this year and welfare reform is one of them. So, you
might be thinking of that if you have some suggestions how the
last one has affected Indian people.

With that, we will go on to the next panel. We thank this panel
very much. I might tell you that if you have some additional com-
ments you are certainly welcome to turn those in.

The second panel will be Richard McGeshick, chairman of the
Lac Vieux Desert Tribal Council; Gerald Danforth, chairman of the
Onieda Nation, Onieda, WI; Gerald Chingwa, chairman of the Lit-
tle Traverse Bay Bands of the Odawa.

We will just go ahead and start in that order. Chairman
McGeshick, would you like to begin?


55

relations with local governments, many do not. Federally mandated involvement would
invite abuse by local governments

A more constructive approach by Congress would be to provide incentives rather
than mandates that will foster good relationships between tribes and non-Indian local
governments. For example, my Tribe and surrounding local governments have enjoyed
many years of success under several local agreements including a Cooperative Law
Enforcement Agreement, an Indian Child Welfare Agreement and a Mutual Aid
Agreement for Firefighting, just to name a few. Under the Cooperative Law Enforcement
Agreement, to take one example, a combination of state, federal and tribal funding supply
extra tribal law enforcement officers that are cross-deputized by the county. These
officers are tribal employees but are also authorized and available to respond off the
Teservation.

‘These agreements strengthen the relationships we have with local governments
However, their strength would be substantially undermined if they were required. The
Tribe, as a sovereign government, must be able to negotiate from a position handicapped
by the specter of a federal mandate. As a secondary benefit of the agreements, they
reduce opposition to the land-to-trust process. Aside from the obvious practical value of
the agreements, they also allow local governments and the Tribe to set aside what
otherwise might be a source of contention in the land-to-trust process. The more subject
matter areas where agreements can be reached and set aside, the further along tribes and
local governments will be toward ending the acrimony over the land-to-trust issues.


2

The first panel will be Robert Chicks, chairman of the Stock-
bridge-Munsee Band of Mohicans; Melanie Benjamin, chief execu-
tive officer, Mille Lacs Band of Ojibwe; Eli Hunt, chairman of the
Leech Lake Band of Ojibwe; Doyle Turner, chairman, White Earth
Tribal Council, White Earth, MN.

We will start in that order. If you would like to abbreviate, your
complete written testimony will be included in the record, so you
may wish to deviate from that. We have quite a number of wit-
nesses on three panels, a lot of witnesses today. So, if you could
summarize and leave time for other witnesses, we would appreciate
it.

STATEMENT OF ROBERT CHICKS, CHAIRMAN, STOCKBRIDGE-
MUNSEE BAND OF MOHICANS, BOWLER, WI

Mr. Cuicks. Thank you. I appreciate the opportunity for us to be
here this morning. My name is Robert Chicks and I am the presi-
dent of the Stockbridge-Munsee Band of Mohican Indians in Wis-
consin. I am also cochairman of the National Tribal Leaders Task
Force on Land Recovery and I am secretary for the Midwest Alli-
ance of Sovereign Tribes.

I know that you have my complete statement in front of you. I
don’t purport to read through it, but I will cover some points that
I think are important.

I am here today to provide testimony to you on an issue that is
critical to my tribe, to the tribes in the Midwest, and quite frankly,
I believe, to all of Indian country as well. That is the issue of tak-
ing land into trust.

I want to provide a brief introduction and then I really want to
stress four points: A brief history of taking land into trust, and why
the fulfillment of the Indian Reorganization Act must continue, and
why the proposed revised administrative regulations should be per-
mitted to go into effect. Finally, I would like to cover very briefly
the impact of Federal policy in the loss of the land as it pertains
to the Stockbridge-Munsee Tribe.

I know that you are aware that on April 12, 1999, the Bureau
of Indian Affairs [BIA] embarked on a process to revise the regula-
tions governing land into trust. That process became rather lengthy
and it continues today.

The final rules describing the revised regulations was not pub-
lished until January 16 of this year. The Bush administration de-
layed the effective date of the regulations to April 16 and in fact,
on April 16, delayed the date again to this August and sought com-
ments on the final rule, whether it should be amended in whole or
in part or withdrawn in whole or in part. Those comments were
due, as you know, last Friday, June 15.

Although many tribes, including the Stockbridge-Munsee Tribe,
criticized the proposed regulations when they were first issued, the
tribes believe now that the process of revising regulations has re-
sulted in a final rule that, while less than ideal essentially pre-
serves the intent of the Indian Reorganization Act.

The National Congress of American Indians, as well as the Mid-
west Alliance of Sovereign Tribes, have stated their support for the
proposed regulations to be permitted to go into effect.


12

Lac Vieux Desert Band of Lake Superior Chippewa Tribal Government
7-0. Box 248, Choate Road * Watersmeet, Michigan 48903
0° 35B4577 * Fax: 906-358-4785

Executive Officers:
Bieturd MeGisbuck or, Inbal Charen
ann

Conneit Members
Higa Moet

ons. Fb Viee Chait
Haney white fr, Prosser

Brame Matec,
Milli Hazen, Severn Folin SGeshick se
Rat vhs

‘Statement of the Honorable Richard MeGeshick, Sr.
Chairman of the Lac Vieux Desert Band of Lake Superior Chippewa Indians
Before the Senate Coznmittee on Indian Affairs Hearing
‘On the Relevant Needs of the Midwest Alliance of Sovereign Tribes

June 19, 2001

Good morning Chairman tnouye, Vice Chairman Campbell and distinguished Members of the
‘Committee. My name is Richard McGeshick, Sr., Chairman of the Lac Vieux Desert Ba
Lake Superior Chippewa Indians of Michigan (hereinafter. “LVD"), « Federally recogni
Tribe. appreciate the opportunity to present testimony today betore this Committee on th
relevant need of our Iribe, as well as the other Tribes that make up the Midwest Alliance of
Sovereign Tribes (MAST)

AS a matter of background. the Tribe is located in a reral community in \
Per s, before gaming, unemployment levels of Tribal members
approached seventy percent (70%) and those who had jobs averaged two thousand three hundred
dollars ($2,300), per annum, Housing was substandard with litte or no plumbing and as many as
two or three families lived together in a single-family home. Members suffered from very low
‘education levels and alcoholism was extremely high. Finally, the Tribe was Federally
unrecognized and Tribal culture was eroding at a devastating rate. With little opportunity for
‘members in the remote area of Watersmeet. Michigan, the Tribe established a very modest bingo
hall in a small building.

higan’s Upper

Initial revenue generated from this facility provided “seed” money for the Tribe to build a farger
bingo facility and more importantly, secure fifteen HUD homes, The larger bingo facility also
served as the Tribe's modest indoor recreation complex, community activity center and Tribal
offices. Revenue trom the new bingo facility provided the financial support necessary for an
axiditional twenty HUD homes as well as a new health and social services center to address the
needs of the Tribal members. As the bingo facility prospered, funds were generated to build the
‘Tribe's spiritual center. Meanwhile, in 1988, the Tribe achieved Federal recognition, which was
the United States’ acknowledgement of the Tribe’s rich culture heritage and sovereign right to
self-government, Today. the Tribe operates a Class IH casino under @ gaming compact with the

tate of Michigan, in compliance with the Indian Gaming Regulatory Act (IGRAY. [tis no
‘exaggeration to declare that the economic and social impact of the casino has paved the way to
self-determination and self-respect to the Tribe and its members



27

No. 5, the continuation of the Rural Housing and Economic De-
velopment Program that was eliminated from the fiscal year 2000
HUD budget.

No. 6, the creation of an Indian housing representative position
at each of the Federal agencies that are involved with banking, the
FDIC, the Federal Reserve, the Federal Housing Finance Board,
OCC, and Treasury.

Our tribe does support S. 132, introduced by Senator Johnson,
which would amend the Internal Revenue Code of 1986 to provide
that housing assistance provided under NAHASDA be treated for
the purpose of low-income housing credit in the same manner as
comparable assistance.

I want testimony to move on, so thank you for this opportunity.
It is a great honor to be in this historic building.

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

The CHAIRMAN. I thank you very much, Ms. Chambers.

Now may I recognize Mr. McClellan.

STATEMENT OF THURLOW “SAM” McCLELLAN, COUNCILOR,
GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDI-
ANS, PESHAWBESTOWN, MI

Mr. MCCLELLAN. Good morning, Chairman Inouye and the other
members that are working with you here. It is also an honor for
me to be here and to represent our tribe, the Grand Traverse Band
of Ottawa and Chippewa Indians.

I was here earlier, I think maybe within the last year with the
veterans. You came out and spoke to us and saw us and met with
us on the steps. I appreciate that. It shows the concerns that you
have, not only for the veterans, but also being on this committee
to seek out the issues and concerns that the Native Americans
have in the different tribes that we have.

Today, I have the ICW. As you have seen in my statement, brief-
ly, I had put in there information about my wife and I. We have
been married for 28 years. She grew up in a lot of different homes.
They didn’t have ICW then, but they were foster homes. So, she ex-
perienced a lot of the problems and things that Native Americans
do going into a non-Native home.

That is some of the background of why I am here. I am chairman
of our ICW committee. We had a foster home for around 16 years
with MICWA, the Michigan Indian Child Welfare Agency that used
to be—I don’t know if they are still there—but they were up in
Sault Ste. Marie.

Because of the problems that my wife had gone through—I never
was in a foster home; I grew up in a good home and we never had
those problems or anything—but my heart was always with the
children because of the problems that they faced.

Some of the issues that we have had in ICW, there was six dif-
ferent ones that I have mentioned in my statement and I just want
to mention them again, the prevention services, intervention serv-
ices, Child Protective Services, the monitoring of all cases in our
six-county area, the licensing on the reservation of foster care,
group and shelter homes, and also the adoption studies and inves-
tigative reports.


0

business start-up or purchase would increase the chances of business success and
provide badly needed jobs to the residents of the Reservation. A grant program
would enable us to heip from two to five projects a year. The cumulative effect
would provide many of the additional jobs needed.

Our unmet need is approximately $100,000.
Airport

This Band has recently completed a full service convention facility. Our remote
location and lack of public transportation increases the need for an airport to
provide better access to the new facility. In addition it would stimulate the
potential relocation of business development from off the reservation to our area.
We are in the planning stages to collaborate with city and county governments to
accomplish this improvement.

Our unmet need is approximately $200,000.

Education

Education is among our highest priorities. Currently we operate a Head Start
program, an elementary school, a combined elementary/secondary facility and a
Tribal Community College.

Our elementary/ secondary school is funded through the Bureau of Indian Affairs
at a level that enables us to operate a less than desired program to less than a fourth
of our potential students, yet provides no funds for major capital improvements.
We have an urgent need for a new education facility here in White Earth to house
our elementary/secondary students. The existing facility is well over 40 years old
and has a capacity of 100 students and currently houses 150 students. We have
over 500 identified students who meet the eligibility criteria for our school. The
facility contains no science or vocational space, shares space of the dinning room
for a gymnasium, and has no outdoor physical education training facilities such as
a ballpark or track. The facility is also located within 60 feet of the major road
limiting expansion. Our children need to have the proper educational foundation
for post secondary and/or vocational training. Without funds for a new facility we
will continue to see high school dropout rates on our reservation, already the
highest in the nation, climb even higher. We today present twice as many high
schoo! equivalent diplomas to adults than we graduate high school students all
because of the lack of proper facilities.


63

Leech Lake Band of Ojibwe

£40. Hunt, Chaieruan
Landa G Johmiun Sveretary/Treasurer

Riiuiet 1 Representanys District 1 Representative Ditrict Uf Representative
Pewee D. White Loman L. Lawl Richard Robinson, Jt

Oral Testimony by

Eli O. Hunt, Chairman
Leech Luke Band of Ojibwe

Before the
Coramittee on Indian Affairs
United States Senate

Washington, D.
June 19, 2001

Good Morning, Mr. Chairman and members of the Committee. My name is Eli
Hunt, Chairman of the Leech Lake Band of Ojibwe Indians in Minnesota. I am also here
as a representative of the Midwest Alliance of Sovereign Tribe or MAST. MAST is a
consortium of 36 tribes located in Michigan, Wisconsin, Minnesota, lowa and Indiana
with a total membership of 136,000.

‘The Leech Lake Reservation is located approximately 200 miles north of
Minneapolis, Health care services are provided by the Indian Health Service and the
Band under a P. 1, 93-638 contract to cover 13,000 people. The Tribal Council of the
Band affirms that American Indians experience a great disparity in health conditions as.
compared with other races. We want to work with the Congress and the Administration
to achieve health parity for our people.

‘The Leech Lake Tribal Council is the duly recognized governing body of the
Leech Lake Band of Objibwe. The Council believes that quality health care is an
essential service for the citizens of the Leech Lake Reservation. The Council is
committed to active involvement in the structuring and prioritizing of health care
delivery to the people.

‘The Council is cites the Snyder Act of 1921, the Indian Self-Determination Act as
amended, and the Indian Health Care Improvement Act as amended as the basis for
maintaining and fulfilling the trust, legal and moral responsibility of the Federal
government to American Indians and Alaska Natives.

‘The Leech Lake Band and the member tribes of MAST acknowledge and
appreciate the 8% increase in the IHS budget for fiscal year 2001. However, we also
note that this still fell far short of addressing the unmet need. Over the past eight years,
the IHS budget has grown by 36% while inflation and population growth has created a
need for a 58% increase to simply maintain program effort



20

1999010, entitled Protection of Great Lakes, resolutions from the
Michigan Council of The People of the Three Fires, Resolution
number 00-8, Preventing the Diversion of Waters from Great
Lakes and Resolution 00-1, Protection of the Great Lakes; Resolu-
tion from the Midwest Alliance of Sovereign Tribes, Resolution 00-
09 entitled Protection of the Great Lakes.

Finally, the Little Traverse Bay Bands of Odawa Indians with
four other federally-recognized Michigan tribes, each signatories to
the 1836 Treaty of Washington, and intervening plaintiffs with the
United States of America y. the State of Michigan, et al., engaged
in extensive mediated negotiations to resolve differences concerning
allocation, management and regulation of fishing in 1836 Treaty
waters.

The interstate resulted in a consent decree and related docu-
ments detailing how fishing in 1836 treaty waters will be allocated,
managed and regulated by the parties for the next 21 years.

The decree sets forth provisions to address Federal, State and
tribal management and allocation concerns. 1836 treaty waters
means all waters of Lake Michigan, Lake Huron, Lake Superior
and connecting waters which are within the area ceded in Article
First of the Treaty of March 28, 1836, 7 Stat. 491.

This concludes my testimony at this time. I thank you for your
attention and great concern to this great issue fact our State and
nations. Thank you.

Senator CAMPBELL. Thank you.

Let me proceed with a couple of questions. I was interested in
your testimony, Chairman McGeshick. You seem to have a strong

ackground in law enforcement. Does your tribe have a contract
where you provide your own law enforcement or does the Bureau
handle that?

Mr. McGESsHICK. We do it ourselves.

Senator CAMPBELL. You do it yourselves under a contract. Are
your officers trained at the FLETC Academy in Arizona?

Mr. McGESHICK. Yes, sir; right.

Senator CAMPBELL. Are they cross-deputized with other local ju-
risdictions?

Mr. McGEsHIcK. With the Gogebic County Sheriffs Department.
We are trying also with the Michigan State Police, but I am not
sure how that is going.

Senator CAMPBELL. I might mention to you that all of us, Senator
Inouye and all of us, serve in four or five capacities around this
place. One of my other ones is that I am the chairman of the Treas-
ury Subcommittee which provides an awful lot of resources to law
enforcement through the Treasury Department.

We have had a number of programs come through that would
benefit tribal jurisdictions as well as State or municipals. I some-
times think that where we really fall down is that we don’t notify
the tribes that they can avail themselves to some of the things that
we do around here.

But as you probably know, we passed two separate bulletproof
vest bills. Several of us were involved in that. I read this with in-
terest this morning in a police report that we have given over
140,000 vests now to different police departments to police officers
that couldn’t afford them.


37

Congress must do more, however. It should require the EPA ac-
cept its responsibility to prevent future introductions of exotics and
it must support a program to develop and implement remediation
to remove or diminish the effects of exotics like Zebra mussels that
are already ensconced in the Great Lakes.

Ask yourselves this question: If there were an oil or chemical
spill in the Great Lakes today that caused even a fraction of the
harm that has been caused by these exotics, what would Congress
do? How would Congress react?

In the treaties of 1836, 1842, and 1854, the Federal Government
promised various tribes that their right to commercial and subsist-
ence fishing in the Great Lakes would continue. A century later,
today, the Federal Government opened a broad avenue for invasion
of the Great Lakes by harmful exotic species, and that invasion
threatens the fishing rights secured by treaty.

The Federal Government has a clear responsibility to end the
threat and clean up the damage done. This is a duty owed to the
treaty tribes, not to mention the citizens of the Great Lakes basin
as a whole.

Thank you.

The CHAIRMAN. Thank you very much.

President Trepania, at this moment there are several legislators,
together with leaders of Indian country who are considering the es-
tablishment of an American Indian University.

Do you have any thoughts about this?

Mr. TREPANIA. No, I haven't; actually, my tribal chairman who
is Gaiashkabosh, is the liaison to education of the Lac du Flam-
beau Tribe. I am the tribal member on the council of the Lac du
Flambeau Tribe. My different positions are all different than edu-
cation. But I came out here to do testimony on education.

The CHAIRMAN. Well, I ask that question because about 10 years
ago we did some investigation. I don’t have the current numbers,
but it is Presently estimated that Howard University, which was
established and chartered by the Congress of the United States for
African-American descendants of slaves, we appropriate in excess
of $15,000 per student per year.

At the same time, Congress established assistance to tribal col-
leges and we provide support of less than $3,000 per student per
year. That is a wide disparity.

Howard University, incidentally, has a medical school, a law
school, a dental school, a School of Social Welfare, and many other
graduate courses.

That is why many of us felt that maybe the time had come for
the establishment of some major Indian university that would con-
cern itself with Indian problems. You can go to law school, but they
don’t necessarily teach you Indian law. You can go to medical
school, but a medical school may not be concerned with some of the
health problems that are so prevalent in Indian country or that In-
dian elders have, such as diabetes where over 50 percent of those
above 50 are likly to have diabetes.

So, would you have your council look it over and give us an as-
sessment of what you think about a university?

Mr. TREPANIA. I will do that. Do you want us to send some mate-
rial to you?


57

Mille Lacs Band of Ojibwe — MAST Senate Testimony
June 19, 2001

As the Committee knows, in 1994 Congress passed Public Law 103-413, the
Tribal Self-Governance Act. This Act made tribal self-governance a permanent
principle of the Department of the Interior's administration of Indian affairs. Last
year, the Congress passed Public Law 106-260, which made self-governance a
permanent part of the Indian Health Service and included a demonstration project
in the Department of Health and Human Services regarding self-governance. Titles
V and VI of the Self-Governance Act are vast improvements over the existing
provisions in Title IV. Hence, I respectfully request that the Committee consider
amending Title IV.

As a member of the Rulemaking Committee on Title V, I have noted that,
unlike the current version of Title IV, improvements in the Title V statute have
enabled the Committee to draft regulations quickly and effectively. For example,
Title V contains a definition of “inherent federal function’. The absence of this
definition in Title IV caused a delay of several months in the Rulemaking process.
(In the end, the Federal side would not agree to insert the definition in the Title IV
rules in spite of a Solicitor's Opinion defining the term.) In fact, the Title IV
regulations took over five years to draft. It appears that the Title V regulations will
be completed in the time required in the statute. Hence, various amendments to
Title IV are needed. The obstinacy of the BIA in defining “inherent federal
function" is indicative of their overall approach of protecting the Bureau as opposed
to advancing self-governance. Failure to deal honorably with self-governance, and a
readiness to delay through word games, has created a whole host of problems for
self-governance tribes. A very important example deals with the very basis of self-
governance; the control of dollars.

It was the belief of the Mille Lacs Band when it entered the self-governance
movement that when the Bureau of Indian Affairs received a budget increase, we
would receive a budget increase. Based on a cursory review of the appropriations
for the BIA over the past seven years, we note that the Bureau has received a
substantial increase. During this same time period, the Mille Lacs Bands’ base
budget has declined. It is our view that our budget should reflect gains made by the
BIA.

Our base funding should increase with the BIA budget. Our initial base
funding was derived from tribal “638” contracts along with tribal shares from other
programs. The base funding was a combination of Bureau programs compacted for
and, in some cases, additional funding from a fund called “shortfall,” which was
determined by the Office of Self:Governance. When the Mille Lacs Band
Government developed its initial base funding we took all programs we were
eligible for and developed a base-funding amount. It was our understanding that
this base funding would parallel to the funding level of the Bureau's program.
However, this has not been the case.


23

Mr. McGEsuick. What we do is, you know, we go out and buy
private property and then we exchange it with the Forest Service.
What we want to do now is get some property next to our so we
can expand and make some kind of a factory or something. We just
don’t have access to that any more because we don’t have the funds
to purchase the properties.

The CHAIRMAN. So, you want some legislation to make it easier
to do that?

Mr. MCGESHICK. Yes.

The CHAIRMAN. After you have acquired the land, do you propose
to place that in trust?

Mr. McGEsHIck. Yes; we do. We are in the process now to do
some of that. But the process is taking a little longer than we ex-
pected. Hopefully, during the summer months, you know, it will
change.

The CHAIRMAN. Can you also give us a description of what you
mean by the bond initiative and tax and investment incentives that
you recommend to stimulate economic development?

Mr. McGEsnick. Well, not at this time I cannot. I could get it
in writing within whatever timeframe that you are asking. We can
get that to you.

The CHAIRMAN. I would appreciate that.

Mr. McGESHICK. Okay, thank you.

The CHAIRMAN. If I may ask Chairman Danforth, you spoke of
gaming as I walked into the hearing room. You were complaining
about the lack of staff. Have you done some comparison, say, with
the State of New Jersey?

Mr. DANForTH. I don’t recall talking specifically about a lack of
staff. I think my comments reflect more toward the over-staffing of
the regulatory body.

The CHAIRMAN. This might interest you. We did some research.
The State of New Jersey spends $58 million a year, has over 200
auditors and investigators regulating 12 casinos with $4 billion in
annual revenue.

In Indian gaming there are 75 employees to oversee 214 gaming
operations with gross revenues of $10 billion. So, if you compare it
with New Jersey, it would appear that the National Indian Gaming
Commission oversees 10 times the number of operations and yet
spends less than 15 percent of what New Jersey spends.

Do you believe that four or five employees for each of the field
offices is sufficient?

Mr. DaNnForTH. I can’t speak to that specifically, Mr. Chairman,
but I can provide some specific recommendations given a few days
for research.

The CHAIRMAN. I would appreciate it if you could provide the
committee with details on how many you think would suffice be-
cause in Indian country, unlike New Jersey, there are vast areas
of travel involved. In the case of New Jersey, it is just Atlantic
City, for example.

So, your detailed explanation would be most appreciated.

Mr. Danrortu. I will do that.

The Cuairman. If I may now, I would like to ask Chairman
Chingwa. You know, I spent about 9 months in Michigan in a hos-


90

library resources. The schools need resources to offer innovative programs after school

and in summers to reinforce the astonishing talents and gifts of their students.

Tribal colleges likewise need assistance. Education and research programs in the
natural and environmental sciences are expensive — they require faculty with appropriate
degrees and qualifications, libraries with access to appropriate journals and reference ma-
terials, and laboratories and field sites with appropriate equipment. Yet tribal colleges
continue to receive basic operating funds from the federal government at a rate of less
than half the dollars, per student, that states provide to their own two-year colleges, and

much less than the amounts provided to four-year institutions

Education is important to our tribes, Our students are eager to succeed, We re-
quest, therefore, that you examine both our successes and our needs. We request that you
provide us with the support we require to continue to develop educational institutions of
the depth and quality, which our communities need, and our students deserve. We, like
you, intend to leave no child behind ~ and we expect and intend to leave no adult or tribal
community behind, We have already accomplished much: we request your help in doing

much more.


44

STATEMENT of ROBERT CHICKS
PRESIDENT of the STOCKBRIDGE-MUNSEE COMMUNITY
10:00 A.M. June 19, 2001
Senate Select Committee on Indian Affairs

Good morning. My name is Robert Chicks and I am the President of the
Stockbridge-Munsee Community Band of Mohican Indians. The Stockbridge-Munsee
Tribe is located in northeastern Wisconsin, I am also the co-chairman of the National
Tribal Leaders Task Force on Land Recovery and | am Secretary for the Midwest
Alliance of Sovereign Tribes.

| am here today to provide testimony on an issue critical to Indian country: the
taking of land into trust by the United States for the benefit of Indian tribes and Indian
people. After a brief introduction, | will address the following points: 1) A brief history
of why the United States takes land into trust for Tribes; 2) Why the fulfillment of the
Indian Reorganization Act must continue; 3) Why the proposed revised administrative
regulations for taking land into trust should be permitted to go into effect; 4) A brief
history of land loss on the Stockbridge-Munsee Reservation.

RODUCTION

Under section 5 of the Indian Reorganization Act, the Secretary of Interior may
take land into trust for the benefit of Indian tribes and individuals. As you are all likely
aware, on April 12, 1999, the Bureau of Indian Affairs embarked on a process to revise
the regulations governing land-to-trust transactions, found at 25 CFR Part 151. That
process became a lengthy one and continues today. The final rule describing the revised
regulations was not published until January 16, 2001. After the presidential election, the
Bush Administration delayed the effective date of the proposed regulations to April 16,
2001, On April 16. 2001, the Administration again delayed the effective date to August
13, 2001, and sought comments on whether the final rule should be amended in whole or
in part or withdrawn in whole or in part. Those comments were due June 15, 2001

Although many Tribes, including the Stockbridge-Munsee Tribe, criticized the
proposed regulations when first issued, the Tribes now realize that the process of revising
the regulations has resu!ted in a final rule that, while less than ideal. essentially preserves
the intent of the Indian Reorganization Act (“IRA”) while at the same time answering the
concems of various non-tribal third parties. The National Congress of American Indians

Statement of Robert Chicks 6/19/01 - p. 1


85

acquisition is not — as some opponents argue — just about gaming, Instead, trust land acquisition is
about enabling tribes to address their historic, cultural, economic, self-government and conservation
interests by obtaining some small part of the lands they need to move forward. This ability to
acquire lands for a broad range of positive purposes is one of the most important challenges facing
tribes today.

As the Committee is aware, there are new final regulations regarding the fee to trust process.
The Interior Department published those regulations in final form on January 16,2001. The new
Administration has delayed the effective date of those new regulations, and has asked for comments
on them. Those comments were due last Friday (June 15*). The Department has indicated that it will
determine whether to go forward with the new regulations by August 13"

We would like the Department to go forward with the January 16 regulations and make them
effective. We see three major benefits from the new regulations.

First, the new regulations carry out the purposes of the Indian Reorganization Act, by
providing a process for taking land into trust, as a way to advance tribal self-sufficiency. The new
regulations are consistent with the principle that taking land into trust is necessary for tribes to be
able to improve the lives of their people.

Second, the new regulations provide clear standards for taking lands into trust. This is
important to be sure that the process is fair and applied evenly.

Third, the new regulations provide for an open and fair process in which the views of all
sides are heard, and they require the Department to make a decision by a fixed deadline. As I
indicated, the delay in trust land applications has been a very frustrating issue for tribes. The new
regulations impose a deadline of 120 days for the BIA to act on trust land applications.

There are some things we did not like in the new regulations. For example, the new
regulations do not provide favorable treatment to lands that are contiguous to a Reservation. In our
view, the acquisition of contiguous lands is in many instances the best (and in some cases, the only)
‘opportunity for tribes to undertake land acquisition in an economically useful manner. The
regulations should not make it burdensome for tribes to make such acquisitions. In fact, one of Lac
du Flambeau’s current efforts to acquire lands in trust shows that it is unreasonable to treat
contiguous lands in the different manner than on-reservation lands. At Lac du Flambeau we are
seeking to purchase and have taken into trust a parcel that is partially on the reservation, and
partially contiguous to the Reservation. This is one parcel, and the on-reservation and off-reservation
use of the parcel would be the same -- for a cranberry farm. From any reasonable standpoint, this
parcel should be treated as an on-reservation parcel. The same is true more broadly with regard to
contiguous lands,

In any event, although the new regulations are not in all respects what we would like, we
think overall they are reasonable and beneficial and should be implemented. The new regulations

3


62

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86

were the result ofa long decisionmaking process by the Department, and they are balanced and fair.
We have waited a long time to gain some certainty regarding this area, and it is time for the new
regulations to become effective, so the tribes can move forward in their efforts to restore their lands.

We would very much appreciate the Committee's help in assuring that an effective process
is available to the Tribes for taking lands into trust. We hope that the Committee will express to the
Interior Department the importance of this issue to the Committee, and to Indian country. We hope
that the Committee will indicate its support for making the new regulations effective ~ as a step
toward a better process for taking land into trust. And we hope that the Committee will make sure
that the results of the current review of the regulations by the Department results in a fair process
that will help us achieve our self-determination goals. We trust that after the Department makes its
determination on August 13, the Committee will review that decision and consult with the Tribes
about whether additional action is needed.

Again, my thanks to the Committee for your continued support of Indian country. I

appreciate the opportunity to be here and I look forward to working with the Committee on the trust
lands issue.

408751 4


31

try with our limited money we get from our factory that we have
there. But that is not enough because the price of the land goes up
constantly, since all the non-Indians own right now all the shore
land around us. That is almost impossible for us to buy it back at
$2,000 a square foot.

So, we are asking the committee here if the Bureau could in-
crease their budget to at least give us that much help. We are not
asking for much this time. Maybe next time we will ask for more.
But I would like the committee to look into that end of it.

[Prepared statement of Mr. Christensen appears in appendix.]

The CHAIRMAN. I thank you very much Council Member.

If I may now, I will begin asking questions. Ms. Chambers, you
have made various suggestions on how to improve housing services
in jadian country such as developing an Indian task force and
such,

Are you willing to provide the committee with specifics on your
proposals? It would be extremely helpful.

Ms. CHAMBERS. Yes; I don’t have them with me, but I can get
them to you.

The CHAIRMAN. If you will submit that to the committee, I would
appreciate it.

Mr. McClellan, I am not certain if you are aware that Senator
Daschle and I introduced a measure which would authorize tribal
governments to have direct access to Title IV Programs for foster
care and adoption services rather than having to enter into agree-
ments with States to receive funding.

It is estimated that $225 million would be made available to trib-
al governments under this bill over the next five years. Are you
aware of this measure?

Mr. MCCLELLAN. No; I am not aware of it. But it certainly is
good news to hear.

The CHAIRMAN. May I suggest that you study this measure and
give us your assessment of it?

Mr. MCCLELLAN. I certainly can do that. Thank you.

The CHAIRMAN. The main feature is that you will have direct ac-
cess to the funds instead of going through the State.

Mr. MCCLELLAN. That has been a big problem for us.

The CHAIRMAN. If you go through the State you have too many
layers of bureaucracy.

low, you spoke of the Indian Child Welfare Act. Do you have
any suggestions or recommendations how we can have better com-
pliance to the laws?

Mr. MCCLELLAN. Excuse me?

The CHAIRMAN. The Indian Child Welfare Act.

Mr. MCCLELLAN. The act itself, you know, a lot of the problem
of being a foster parent, there are so many different regulations
that we had to follow through the State, we don’t have that many
Native Americans with foster care licenses. That was one of the
reasons that I mentioned of looking at the rules and trying to help
us so that we can really have a better relationship with the State
and the Federal in working with this ICW Act.

You know, if there is other information that we can give your
committee, we will certainly look into it. I will get with the staff
and the committee and provide you with more materials. This was


7

Mr. Chairman, this is an abbreviated statement. My full state-
ment with charts, graphs and other supporting documents are sub-
mitted to you in full. Thank you for this opportunity to share the
view of the Mille Lacs Band.

Thank you.

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

Senator CAMPBELL. Thank you.

Mr. Hunt.

STATEMENT OF ELI HUNT, CHAIRMAN, LEECH LAKE BAND OF
OJIBWE, CASS LAKE, MN

Mr. Hunt. Good morning, Mr. Chairman and members of the
subcommittee. My name is Eli Hunt. I am chairman of the Leech
Lake Band of Ojibwe in Minnesota. I am also here as a representa-
tive of the Midwest Alliance of Sovereign Tribes or MAST. MAST
is a consortium of 136 tribes located in Michigan, Wisconsin, Iowa,
and Indiana, with a total membership of 136,000.

The Leech Lake Reservation is located approximately 200 miles
north of the Twin Cities. Health care services are provided by the
Indian Health Service and the band under a Public Law 93-638
contract which services 13,000 people.

The Leech Lake Tribal Council affirms that American Indians
experience a great disparity in their health conditions as compared
with other races.

We want to work with Congress and the administration to
achieve health parity for our people.

The Leech Lake Tribal Council is the duly recognized governing
body of the Leech Lake Band of Ojibwe. The council believes that
quality care is an essential service for citizens of the Leech Lake

eservation. The council is committed to achieve active involve-
ment in structuring and prioritizing health care delivery to our
people.

The council cites the Snyder Act of 1921, the Indian Self-Deter-
mination Act, as amended, and the Indian Health Care Improve-
ment Act, as amended, as a basis for maintaining and fulfilling the
trust, legal, and moral responsibilities of the Federal Government
to American Indians and Alaskan Natives.

The Leech Lake Band and member-tribes of MAST acknowledge
and appreciate the 8 percent increase in the IHS budget for fiscal
year 2001. However, we must also note that it fell far short of ad-
dressing the unmet need.

Over the past 8 years, the IHS budget has grown by 36 percent,
while inflation and population growth has created a need for a 58-
percent increase to simply maintain program effort.

Throughout 2000, IHS has consulted with tribes and tribal and
urban Indian organizations, including the National Congress of
American Indians, the Tribal Self-Governance Advisory Group, the
Level of Need Funding Work Group and the National Indian
Health Board in the development of the fiscal year 2002 budget.

This process has led to the development of an $18 billion needs-
based budget. This figure includes a non-recurring $8.7 billion fa-
cilities construction request and $10 billion to help fund the health
care needs of American Indians and Alaska Natives.


46

legalized misappropriation of the Indian estate, the government became
responsible for the damage that has resulted from its faithless guardianship

Since 1934, the BIA has maintained a very conservative policy for putting land
into trust. In the ensuing 65 years, only 8 million of the 90 million acres lost has been
returned to the tribes,

2) Why the fulfillment of the Indian Reorganization Act must continue

Land is still going out of trust every day in Indian country, with allotments going
out of trust and going onto the state tax rolls. In some years, the amount of land going
out of trust exceeds the amount of land going into trust. An Indian tribe must have its
land in trust in order to exercise unquestioned governmental jurisdiction over tribal
members. Land placed into trust is a critical part of addressing tribes’ need to build self-
sustaining communities. The purpose of the IRA was to stop the erosion of tribal land
holdings and to help Tribes regain land and improve their social welfare and economic
opportunities.

The IRA is a solemn commitment on the part the United States to undo what
Congressman Howard described in 1934 as the “misappropriation of the Indian estate.”
With less than 10 percent of the 90 million lost acres still in non-tribal hands, the IRA’s
purpose is just as vital as it was in 1934

The historical asymmetry is startling. In the late 18 and early 19* centuries,
greed for land and resources fueled the rapid loss of tribal lands without regard to any
moral or equitable considerations, Furthermore, in many cases to the wishes of tribal
people were ignored and tribes were woefully under compensated. Today, tribes must
often re-acquire land with their own funds, If they are lucky enough to do so, the land-to-
trust process can be time consuming and expensive itself, Despite the past, now when a
tribe wishes to have a re-acquired parcel placed into trust, words like “fair” and “equal”
are called out by local non-Indians who do not wish to see land go into trust. The
calculation of fair and equal however must include the past as well. The wrongs of the
past have left Indian people far short of fairness and still struggling for equality.

The continued fulfillment of the goals of the IRA is vital to the preservation of
tribal life and the continuation of tribal nations. The land-to-trust system is a recognition
by the federal government of its obligation to correct the historical wrongs of the
Allotment Era. The United States cannot, with the wave of a wand, restore all lost tribal
lands. However, the tribes and United States together can proceed toward fulfilling their
original agreements. That fulfillment will take place within a land-to-trust system that

Statement of Robert Chicks 6/19/01 - p. 3


6

Second, legislation relating to the transfer into trust, immunity
from exercise of local and State jurisdiction and the non-
alienability of tribal fee land within reservation boundaries should
be introduced.

Third, and economic development grant program should be estab-
lished under Public Law 102-477 to create new jobs in Indian
country for those formerly under general assistance programs who
are now attempting to achieve self-sufficiency.

Title [IV Amendments and Tribal Self-Governance: The develop-
ment of self-governance is probably the most significant enhance-
ment of the United States/Tribal Relationship since the treaty era.

Through self-governance, the band has been able to develop eco-
nomic activities to employ its members, construct facilities for edu-
cation and health needs and establish public water systems and

lousing.

Overthe past 10 years, the band has made progress unlikely to
be matched in the future by any BIA program. It was the belief of
the Mille Lacs Band, when it entered the self-governance move-
ment, that when the BIA received a budget increase, we would re-
ceive a budget increase as well.

Based on a cursory review of their appropriations for the BIA
over the past 7 years, we note that the Bureau has received a sub-
stantial increase. During this time period the Mille Lacs Band’s
base budget has declined.

It is our view that our budget should reflect gains made by the
BIA. We believe that this issue should be addressed in legislation
and is currently detrimental to the self-governance policy. The solu-
tion is to require the funding of tribal-base level budgets at a level
proportional to the funding increase in the BIA and the Depart-
ment of the Interior budgets.

Legislation on tribally-owned fee lands: There are few statutes
relating specifically to the status of fee simple lands owned by a
tribal government within the reservation. This lack of guidance is
generating a large number of issues. The result is that courts have
to determine many matters without any guidance.

Furthermore, because of the difficult in moving land into trust,
there are numerous problems developing out of this issue as well.
Congress should consider the enactment of legislation that. would
provide a special status for tribally owned fee lands within reserva-
tion boundaries.

New Economic Development Amendment: Public Law 102-477,
the Indian Employment and Training and Related Services Dem-
onstration Act of 1992 allows tribes to integrate the employment,
training and related services they provide in order to improve the
effectiveness of these services, reduce joblessness and serve trib-
ally-determined goals.

However, without job opportunities, any welfare-to-work pro-

‘ams will fail. The Mille Lacs Band would like to propose that

‘ongress develop a tribal demonstration project, which would in-
clude economic development grants. These demonstration projects
should have stable-based funding and be awarded to competitively
selected Indian tribes and Alaskan Native villages for comprehen-
sive economic development. Indian families cannot move from wel-
fare to work if there is no work.


40

tribes are receiving “exclusivity” in the gaming market. These areas must be ad-
iressed.

We believe this committee should hold hearings on the following issues:

Authority of the NIGC—over the past few years the NIGC has been engaged in
an aggressive effort to expand its jurisdiction. They have promulgated regulations
extending their regulatory authority over class III gaming—an area where tribes
and States have already developed regulatory agreements under tribal/State com-
pacts. The NIGC is also nearing the completion of health and safety regulations
wherein the tribes and the Commission would exercise concurrent regulatory au-
thority to insure tribal gaming facilities are constructed, maintained and operated
in a manner which protects the environment, public health and safety.

Although tribes strongly believe and continue to demonstrate that gaming must
be stringently regulated and conducted in a safe environment, we believe the NIGC
has extended itself beyond the scope of authority provided under current law. Tribes
are the primary regulators of their gaming establishments, with the Commission
and the States taking on their respective roles as mandated under IGRA. The NIGC
should not be allowed to simply develop regulations that recreate the wheel to en-
hance their own authority. Congress must be vigilant to make certain these bound-
aries are maintained in order to protect the integrity of the act.

We also would like the committee to hold oversight hearings on the staffing of
the NIGC. The NIGC has received a significant increase in funding from tribes over
the past few years, and Congress should have the opportunity to fully understand
how that money is being spent. in, tribes are not attempting to suggest that we
don’t want to be regulated, but rather that the reach of government is kept in check
with the authority conveyed under the law.

Of the 36 , 33 are gaming tribes. The intention of Indian gaming is to help
tribes and Indian people grow stronger and more self-sufficient. Indian gaming is
helping many tribes, like ours, rebuild their reservation communities, and it also
bringing significant economic benefits to non-Indians.

Nationwide, Indian_gaming provides more than 200,000 jobs, many of which are
held by non-Indians. The Oneida Tribe is one of the largest employers in the Brown
County, WI. Overall, we have 3,100 employees. Of these, 1,500 are in our gaming
divi: jon 40 percent are Oneida, 9 percent are from other tribes, and 51 percent are
non-Indian, The benefits that gaming brings to non-Indians, don’t stop at employ-
ment; MAST gaming tribes are creating economic growth in many ways. There is
less welfare in areas with Indian gaming facilities, more tax income from employee
wages to the state and local governments, growth in spin-off businesses near casi-
nos, and vendors and other suppliers have grown their businesses to meet the needs
af Indian gaming facilities. The projected impact from gaming estimated at around

12 billion.

For Oneida, and other MAST tribes, gaming also brings many benefits to our own
communities and tribal members. In Oneida, gaming has provided us with the op-
portunity to build a new Police department, housing for our elders, a school, a day
care facility, and we are currently in the process of building a new health clinic,
among other things.

Mr. Chairman, this is only the beginning. The list of benefits Indian gaming has
brought to our communities could go on indefinitely.

T would like to thank you for inviting us here today and look forward to working
with you on our legislative priorities for the 107th Congress.

PREPARED STATEMENT OF GERALD V. CHINGWA, CHAIRMAN, LITTLE TRAVERSE BAY
BANDs OF ODAWA INDIANS

My name is Gerald V. Chingwa. I am the chairman of the Little Traverse Bay
Bands of Odawa Indians, with Tribal Headquarters located in Petoskey, MI.

‘As the Great Lakes are absolutely critical to our tribe, we appreciate your efforts
to protect them from degradation and diversion. From pre-European contact through
the present, the members of the Little Traverse Bay Bands of Odawa Indians [here-
after LTBB or tribe] have relied on the Great Lakes for our subsistence and com-
mercial livelihood and transportation.

Given the importance of the Great Lakes to our way of life, we are gravely con-
cerned that the compromise being considered between the State of Michigan, and the
United States regarding removal of water from the Great Lakes omits LTBB from
the parties that determine the fate of these sacred waters. This compromise is ref-
erenced in the Traverse City Record Eagle on June 30, 2000. On June 27, 1999, our
tribe enacted its own Great Lakes Protection Statute [Waganakising Odawa Statute


19

1999010. Our overriding interest is stated in the preamble to that
statute which reads:

The bands that make up the Little Traverse Bay Bands of
Qdawa Indians historically resided in the Great Lakes region in
harmony with the natural environment since well before the arriv-
al of the Europeans.

The Great Lakes, especially Lake Michigan, Huron, and Supe-
rior, have provided the tribe with food, water, and transportation
for hundreds of years.

The central mission of the tribal government stated in the tribe’s
constitution is to provide for the perpetuation of our way of life and
the welfare and prosperity of our people, to preserve the right of
self-government and to protect our property and resources.

Preserving the environmental quality of the Great Lakes and
their resources for the present and future generation is absolutely
essential to the tribe. This statute is enacted to help protect and
preserve the Great Lakes ecosystem.

As stated in section IV of that same tribal statute, any degrada-
tion or destruction of the Great Lakes violates our treaty rights,
the “supreme law of the land,” and therefore it violates Federal
law:

Under article VI of the U.S. Constitution.

All treaties made or which shall be made, under the authority of the United
States, shall be the supreme law of the land; and the judges in every State shall
be bound thereby, anything in the Constitution or laws of any State to the contrary
notwithstanding.

The Little Traverse Bay Bands of Odawa Indians was a party to
numerous treaties with the United States, including the 1836 Trea-
ty of Washington, 7 Stat. 491 in which the tribe reserved the right
to utilize Great Lakes resources for subsistence and commercial
purposes. Federal courts have upheld the continued vitality of this
treaty right.

Degradation and destruction of the Great Lakes ecosystem con-
stitutes an unauthorized limitation and negation of this treaty
right. Any such degradation or destruction therefore violates the
“supreme law of the land.”

Any drilling, sale or diversion which has the potential for impact-
ing the waters of Lakes Michigan, Superior, or Huron, ceded by the
1836 Treaty of Washington, would violate Federal law and tribal
law, and the Little Traverse Bay Bands of Odawa Indians will take
any appropriate and necessary action to prevent such activity.

‘herefore, the Little Traverse Bay Bands sovereign status, its
critical interest in preservation of the Great Lakes, and the fact
that any action that negatively impacts the Great Lakes violates
the 1836 treaty, which is part of the “supreme law of the land”
makes it imperative that the Little Traverse Bay Bands of Odawa
Indians be a part of any decisionmaking process that could result
in the loss of Great Lakes waters.

I would include also in this part that the other tribes that are
impacted by any sale or diversion of the Great Lakes be included.

e Little Traverse Bay Bands of Odawa Indians has submitted
its concerns regarding this issue to all Michigan members of the
House and Senate and submits with this testimony: Little Traverse
Bay Bands of Odawa Indians, Waganakising Okawak Statute


14

STATEMENT OF RICHARD McGESHICK, Sr., CHAIRMAN OF THE
LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA
INDIANS OF MICHIGAN

Mr. McGEsHICK. Good morning. Good morning, Chairman Camp-
bell and distinguished members of the committee. My name is
Richard McGeshick, Sr., chairman of the Lac Vieux Desert Band of
Lake Superior Chippewa Indians of Michigan, a federally recog-
nized tribe.

I appreciate the opportunity to testify before this committee this
morning. Today, what I am going to talk about is the law enforce-
ment. In today’s time and economic growth and Federal budget
surpluses we continue to ignore tribal treaty rights and other legal
obligations owed to Indian country.

If the Federal obligations to indian tribes were being met, I
would not be seated before today to review the following relevant
needs of the MAST. But since they are not, let me begin with the
topic of law enforcement.

‘he key principle of the Federal-tribal relationship is to protect
and encourage Indian self-government. A key component in this
goal is providing adequate police law enforcement, services and fa-
cilities throughout Indian country.

This crisis is evidenced by the homicide rate of the Indian lands
that has soared 87 percent in the last 5 years, even as the homicide
rate declined nationwide by 22 percent. Many tribes throughout In-
dian country lack adequate funding to provide the basic security for
their communities, such as 24-hour services for the police force.

In addition, many police units on reservations lack the technical
and human resources they need to ensure their safety.

In discussion with the police captain, Mike Hazen, it was learned
that the tribe has spent over $700,000 in constructing a tribal po-
lice headquarters. In addition, over $867,000 in tribal contributions
was given to the LVD law enforcement program over the past 5
years.

It is my understanding that the tribal council, based upon prom-
ises made by the Department of Justice and the Department of the
Interior that supplemental program funding would be forthcoming,
approved much of these tribal expenses.

As I have been informed, however, no additional Federal dollars
have been received by the tribe to date. Without an immediate in-
flux of Federal program dollars, the tribal police department will
not be able to meet its expectations of providing appropriate law
enforcement to protect our community.

Our goal at wD is to secure necessary support for these Federal

encies to utilize our newly constructed police facility for the ben-
efit of Indian and non-Indian citizens throughout the entire region
of Gogebic County, MI. We even supply some help to the Michigan
State Police.

The next greatest relevant need, however, is economic develop-
ment. This is an area that is probably one of the most critical for
LVD and most all tribes. Through viable economic development
and economic expansion plans, most, if not all other tribal needs
can be met.

Congress must support these efforts in the following ways: First,
an expedited trust land acquisition process. Second, increasing au-


3

As you know, in the late 19th century, the U.S. Government
made a policy decision that sought to end the reservation system
of communally held lands. The hope of the policymakers at that
time was that Indians would assimilate themselves into American
society.

The Allotment Era was initiated by the passage of the Dawes Act
in 1887 and continued until that policy was ended in 1934. During
those 47 years, the Federal Government took away more than 90
million acres of tribal lands that were previously guaranteed to us
by treaties and Federal law. This was over two-thirds of our tribal
land base and over 80 percent of the value as the best and most
productive lands were the first to be taken from us.

The remaining tribal lands, if any were left, were difficulties-con-
tinuous, fractionated, and difficult to use for any economically pro-
ductive purposes. The effects of the Allotment Era were devastat-
ing to our tribal communities economically and socially. Those ef-
fects continue to this day.

The Allotment Era was only one such period. Similarly, unjusti-
fied tribal land grabs occurred regionally throughout the 1800’s and
into the termination period of the 1950’s and 1960’s. Every tribe
has a different history, but the theme is the same: The Federal
Government came and took the lion’s share of our precious remain-
ing tribal land away, without justification.

In 1934, Congress reversed the Allotment Era philosophy by
passing the Indian Reorganization Act. The IRA ended allotment
and provided that any existing land, existing trust parcels would
remain in trust, providing the statutory basis for the United States
to take land into trust on behalf of tribes and individual Indians.

The IRA is comprehensive legislation intended to rebuild our
governments, our economies and our land bases. It is still impor-
tant for us to take land into trust today. Assuming all land is still
going out of trust in Indian country every year, in some years the
amount of land that goes out of trust exceeds the amount of land
that goes into trust.

Land being placed in trust is a critical part of addressing our
need to build self-sustaining communities and help tribes regain
land and improve their social, welfare and economic opportunities.

The historical symmetry is startling. In the late 18th and early
19th centuries greed for land and resources fueled the rapid loss
of tribal lands without regard to any moral or equitable consider-
ations.

Today, tribes must often re-acquire land with out own funds. If
we are lucky enough to do so, the land in trust process can be very
time-consuming and expensive itself.

The continued fulfillment of the goals of the Indian Reorganiza-
tion Act is vital to the preservation of tribal life and continuation
of our tribal nations.

The proposed land in trust regulations now pending should be
permitted to go into effect. As I discussed earlier, the final rule
scheduled to go into effect this August 13 addresses many of the
concerns that various parties have had in the past with the Federal
process of placing land into trust for our Indian tribes.


110

live on the edge of survival on our impoverished Reservation

Testimony of the Hon. Bobby Whitefeather, Chairman, Red Lake Band of Chippewa Indians

Pe
cane Fn 2004 - Senate Committee on indian Affairs

Relatively speaking, our resources are vast and important to many people who are our
neighbors beyond our Reservation borders. The resources for which the Red Lake
Band, not the State of Minnesota, is responsible, include 350,000 acres of forests,
471,000 acres of wetlands (including forested wetlands), 237,000 acres of lakes, and
55 miles of rivers and streams. Title to all of these resources is held in trust status for
the benefit of the Red Lake Band by the United States.

Many of our resources are truly unique. Our Reservation includes much of northern
Minnesota's patterned peatlands, which have received worldwide scientific recognition
because ours is the largest peatland resource outside of Alaska and because many
rare and endangered species reside in these areas.

Our Tribe's natural namesake, the Red Lake, is the sixth largest natural, freshwater
lake in the United States. While it has never been included as a sixth Great Lake, Red
Lake is “greater” in size than Lake Champlain which, with some controversy, was
temporarily bestowed that status several funding cycles ago.

Until just recently, Red Lake was home to the largest and longest continuously
operated freshwater commercial fishery in America and provided important employment
for some 500 reservation families. Unfortunately, similar to the fate of commercial
fisheries the world over, stocks of walleye, which were the principal commercial Red
Lake species, collapsed in the mid-1990s forcing the Tribe to close our fishery for the
first time since the beginning of World War |. The Tribe has since implemented an
aggressive recovery plan in conjunction with the federal government and the State of
Minnesota. Ours is the largest freshwater fish species recovery program in America
today.

I have provided the above information to help you understand that we have been
blessed with abundant natural resources, and the conservation and perpetuation of
these resources is extremely important to my people and their direct survival needs

Resource Management Fundins iti

Our tribal resources are managed by a small but dedicated group of biologists,
technicians, and wardens. Our relatively meager natural resources funding comes
primarily from Bureau of Indian Affairs (BIA) programs. Unfortunately, recent federal
budget cuts in BIA natural resource funding have diminished our resource management
capacity by 20% in just the last five years. We have attempted to make up the
difference by seeking outside grant funds, but the opportunities are very limited,


69

Law Enforcement Center for operations $1,400,000
(construction estimate)

Detention/Jail Facility $1,200,000
(construction estimate)

Detention/Jail Facility $680,000
(staffing and operations estimate)

Projected unmet need $6,504,257

Housing-Lack of Available & Affordable Homes

The White Earth Tribe is experiencing an increasing number of our membership
returning to the reservation. The reason for this migration is due to the availability
of employment within our gaming enterprises and the time constraints for
assistance contained in the welfare reform law. Our recent survey of housing
needs are as follows:

Type of Home Waiting List
Low Rent 183 Families
Rental Assistance Program. 42 Families
Home Buyer Units 47 Families

272 units at $80,000 = $21.8 Million

In addition approximately $15,000 per unit is needed for sewer/water and land for
a total of $4 million.

The lack of housing forces the extended family concept of combining more than
one family unit to live in a home. This adds barriers to employment, education,
and in many cases contributes to domestic conflicts.

Our unmet need is approximately $25.8 million.
Business Development

This reservation has a need for individual technical and financial assistance for
economic development. We do not have the ability to properly encourage and
support business ownership on and near the White Earth Reservation. Business
failures in the past have been effected by under-capitalization and/or over-
leveraging. A program offering incentive grants of $20,000 to $50,000 for


24

pital in Battle Creek, so I spent a few weeks up in your area. It
is a beautiful area.

You just indicated to the chairman’s question that your tribe was
not involved in the discussions or negotiations between the States
and the Federal Government.

Mr. CuHINGWA. That is correct. There are some invitations, you
know, in a general sense addressing issues now, which are coming
from the United States, mostly from the environmental offices.

The CHAIRMAN. Did you request that you be included?

Mr. Cuincwa. We have in many ways requested the tribal in-
volvement, not only through the Little Traverse Bay Bands but
through other organizations that the tribe is a member of, specifi-
cally with the Chippewa-Odawa Resource Authority, which is part
of the consent decree, and also with the Great Lakes Resource
Committee which I am part of.

There are references from time to time that we do have input
through various State organizations, which we really actually don’t
because we only have a less than advisory opportunity to address
these folks.

There are some references also to groups in Ontario and Quebec
that have more authority in the determination of the Great Lakes
than the tribes do. I think that is less than an outrage, but it
should be a concern that we ought to be looking at.

The CHAIRMAN. The documents that you cited in your testimony
will be made part of the record, but would they clarify this situa-
tion?

Mr. CuinGwa. Clarify the lack of involvement?

The CHAIRMAN. Yes.

Mr. Cuincwa. Not necessarily. It clarifies the interest of tribes
that are within the Great Lakes area of their interest in the man-
agement of the Great Lakes as a resource and their concern that
there is diversion taking place or planned diversion that would af-
fect the Great Lakes and its treaty waters.

The CHAIRMAN. And your letters, were these letters responded
to?

Mr. CHINGWa. Yes; they were.

The CHAIRMAN. May we have copies of your exchange of letters
with the Federal Government?

Mr. CHINGWA. Yes, sir; I will make sure that you get a copy of
those.

The CHAIRMAN. With these documents, I can assure you that the
committee will look into this question.

Mr. CurneGwa. I appreciate it. Thank you.

Senator CAMPBELL. Mr. Chairman, could I ask one more question
of Chairman Danforth?

The CHAIRMAN. Yes.

Senator CAMPBELL. Chairman Danforth, you raised a point about
New Jersey, the cost of monitoring to the State of New Jersey, the
number of people and the costs. It was rather surprising to me that
they paid that much.

But as I understand it, and tell me if I am wrong, Chairman
Danforth. You comply with Federal monitoring of the commission.
You also have some tribal monitoring within the tribe, I assume,
and you have some monitoring by the State, too. Is that true?


10

All Indian country is currently impacted by the return of mem-
bership to the reservation from urban area because of our economic
growth, availability of employment, and the restriction imposed by
the welfare reform timeframe for assistance.

This population shift from areas outside the reservation brings
with it housing shortages, increased substance abuse issues, gang-
related activities and increased domestic problems, all of which cre-
ates social unrest and a greater involvement from the reservation
law enforcement and judicial services.

We appeal to this committee today to assist us in the following
areas:

The current timeframe that funded the Department of Justice
COPS grant be extended to allow the continuation of our public
safety efforts and police department. The reservation does not have
a tax base to draw funds to assume the financial responsibility for
the COPS grant program.

Increased funding for our court system to allow for the develop-
ment and implementation of criminal and civil codes. Funding
would provide for the professional prosecution and defense for the
membership.

Funding for community policing, auxiliary police, youth cadet
programs and prevent in the substance abuse programs.

Funding for the construction of a correctional facility. Currently
a violator who is arrested and prosecuted through our courts can-
not be confined to a holding facility because there is none available,
and the cost to house prisoners in a county facility is too costly.

In summary, the White Earth Reservation must provide a safe
environment for our people. If this can be accomplished it will im-
prove our quality of life by expanding our economic base and reduc-
ing social problems. I am leaving a narrative of my presentation
and a listing of unmet needs for the record.

I thank you for this oppertunity today to testify before this comi-
mittee.

[Prepared statement of Mr. Turner appears in appendix.]

Senator CAMPBELL. Thank you.

Let me ask you, Chairman Turner, first, since you talked about
the police matter, I am very interested in that. You know during
the Clinton years we passed legislation that was sometimes called
the “100,000 Cops Program” in which grants were given to jurisdic-
tions, including tribal jurisdictions, to hire police. Did your tribe
avail itself of that? Did you use any of the money to hire police?

Mr. TURNER. Yes; we did.

Senator CAMPBELL. What happened at the end of the timeframe
that that went out? We got feedback from some communities, but
not tribes, that that money was good, as I remember, for 3 years.
But after that, the local jurisdiction had to pick up the cost of the
policemen. Some of them couldn’t do that. Did that affect you?

Mr. TURNER. That is our position. We are unable to pick up the
needed funding for the continuation of that grant.

Senator CAMPBELL. So, did you have to lay those police off or
what?

Mr. TuRNER. It is coming up this year. We are in our third year
now. So, it is a critical need right now.


29

STATEMENT OF RUBY CAMP, COUNCIL MEMBER, LAC VIEUX
DESERT TRIBAL COUNCIL, WATERSMEET, MI

Ms. Camp. Good morning, Senator Inouye and members of the
committee. I would like to reiterate what Honorable McClellan just
stated about you as a supporter of people in Indian country. It
doesn’t go unnoticed by our Indian people.

My name is Wabanookwe. I am from the Lac Vieux Desert Na-
tion in Watersmeet, MI in the Upper Peninsula. I was going to
read to you what is in front of you, but I changed my mind because
I need to tell you what is in my heart and I need to tell you what
the elders would tell you in the way that they would tell you. They
would state it simply, because they are a people of few words.

I am here to tell you about the situation of our elders, the people
who gave us life, who showed us the road, the good red road, and
helped us when we stumbled and taught us every important lesson.
No matter what our age may be, we owe them our very existence,
along with the brave persistence of our heritage that they have left
to us.

These elders saw historical trauma through boarding schools as
children and relocation as adults. Now they are facing critical
issues as elders in our Indian communities.

My sister, Giwegiizshigookwe, works everyday with these elders
and she has done so for the past 11 years. She has seen the effects
of the major health concerns, of alcoholism, diabetes, cancer, and
heart disease, to mention only a few of the diseases that are killing
our elders.

Fifty-eight point 5 percent of our elders have an income far below
the Federal poverty level. I am a benefit counselor with the Lac du
Flambeau Tribe and I have elders come in to see me frequently
Who do not understand the basic benefits that are available to
them.

So, they certainly do not understand when the Federal or State
government sends them a letter to say that they will not be getting
a check next month because they got a per capita payment last
month from the tribe.

What can you do as legislators and leaders of this great country
to remedy this problem? Why can’t we help our elders who have
been through such hard times as Indian people.

I come to you with a good heart and I ask of you some of the
same questions Chief Joseph asked of your ancestors at Lincoln
Hall here in Washington in 1879. He said:

T have heard talk and talk does not keep my people from dying. He said this as
he argued passionately for the U.S. Government to live up to their promises.

I am here to ask you to waive the unearned income from the per
capita payments so our elders will not be so far below the Federal
poverty level. I ask you to honor the trust responsibility for their
health care so that they may have support groups, in-home care
and home visits when they are sick.

I ask you to provide funding for a National Indian Council on
Aging so that we can deal effectively with Indian elders issues.

All of these unmet needs for our elders have a devastating effect
on the quality of their lives, their independence and self-esteem.


98
Great Lakes Sediment Pollution
Great Lakes Legacy Act

HR 1070

introduced by Rep. Ehlers on 3/15/01

2 cosponsors(MI - Barcia)

‘Transportation and Infrastructure and Science
‘no committee action yet

no comparable bill in the Senate

This bill would amend the Water Pollution Control Act to authorize EPA to make grants for
the monitoring, evaluation, and remediation of sediment contamination in the Great Lakes. The bill
requires 2 non-federal match of at least 35% (in-kind included). Indian tribes are eligible for grants.

‘There is a particular problem with sediment contamination in the Great Lakes, and especially
in Lake Michigan, which is a human health issue. Contamination of the lakes by PBBs, PCBs, dioxin,
metals, and other harmful substances has led to contamination of fish in the lakes. This has led to a
series of consumption advisories on popular sport fishing species like salmon and lake trout and
primary commercial species, including whitefish and lake trout. Considerable progress has been made
in reducing the sources of these contaminants. However, these contaminants persist in the
environment and are contained in the sediment on the lake bottoms, where they reenter the food chain
when the sediment is disturbed.

‘The problem here is similar to that of exotic species and ballast water. It is not sufficient to
eliminate the source of future contamination. It is also necessary to deal with the problem of the
legacy of past pollution. This bill addresses that issue.

The issue is one of particular importance to treaty fishing tribes. Just as exotic species pose
a threat to the fishery, so too does sediment pollution. Dealing with this problem would help to
assure that fish caught for commercial, subsistence, and recreational purposes would be a wholesome
food source that can be enjoyed by the generations to come.


91

UNITED STATES SENATE
COMMITTEE ON INDIAN AFFAIRS

OVERSIGHT HEARING
to receive testimony on the goals and priorities of the member tribes of the
Midwest Alliance of Sovereign Tribes!
Intertribal Bison Cooperative
for the 107" Congress

June 19, 2001

Testimony of the
Sault Ste. Marie Tribe of Chippewa Indians

Concerning Natural Resource Issues

Mr. Chairman, distinguished members of the Committee, my name is Aaron Schlehuber, an
attorney for and member of the Sault Ste. Marie Tribe of Chippewa Indians, The Sault Tribe, for
itself and behalf of the other MAST tribes, wants to share with you some concerns in the area of
natural resources.

Many MAST tribes, including the Sault Tribe, are located on the shores of one of the most
precious natural resources on the planet — the Great Lakes, which hold about 20% of our fresh water.
Many MAST tribes, like us, have a unique interest in this resource, because we possess treaty fishing
rights in various portions of the Great Lakes. Five Michigan tribes, including the Sault Tribe, have
rights in portions of Lakes Superior, Michigan, and Huron under an 1836 treaty. Other tribes, in
Minnesota and Wisconsin, have fishing rights in Lake Superior under treaties signed in 1842 and

1854. These rights have been recognized and exercised for many years. They remain an important


11

Senator CAMPBELL. Well, funding for tribal programs is always
a problem, obviously. We deal with it every year. I might say, too,
it has been my view that when you talk about grants, as several
of you have done, I support the grant system, but I have always
been personally worried about tribes that get too dependent on
grants because they are here today and they are gone tomorrow.

Some of them don’t go on. Sometimes they are one time and what
happens sometimes, these programs are set up using the grants
and then if the money is not forthcoming for additional grants,
then the Program suffers or atrophies. Sometimes we can’t provide
the money for the grants to go on and on indefinitely. I just
thought I would mention that.

Chairman Chicks, is it your position that off-reservation acquisi-
tions involve local government’s input? That has been a question,
you know, about how much local input should there be when tribes
take land into trust.

Mr. Cuicks. Well, yes, as a matter of fact, land that goes into
trust outside the tribe’s reservation boundary weighs heavily with
the State and local governments. But I think even land that goes
into trust inside a tribe’s boundaries, local governments are becom-
ing more and more involved in that process and their involvement
has slowed down that process tremendously.

I mentioned the number of years it took us to acquire small acres
of land to put them into trust. There are tribes that I know of that
have had even 5, 10, or 15 years waiting for land to go into trust.

So, the more involvement of the local communities in that proc-
ess, the slower and more cumbersome it actually becomes.

Senator CAMPBELL. Yes; I agree, it does become slower. But in
my view it sometimes is a wise and prudent thing to do. We did
a series of hearings a few years ago. One of them was in Washing-
ton. I remember some of the testimony at the time from local gov-
ernment, non-Indian government, local government was that when
tribes put land into trust they don’t have to comply with local zon-
ing codes or building codes or any of the other things that every-
body else does in that area.

If nothing else, that creates some bad blood between Indian and
non-Indian. So, I have always encouraged tribes to, whether they
have to legally or not, to be involved with local jurisdictions when
they are talking about taking land into trust, particularly when it
is non-contiguous.

Chairman Benjamin, I want to tell you, any suggestions you have
that you can give the committee to spark private development
would be well received. We passed something like 55 bills last year.
We had a very, very productive year this last year, as you probably
fmow. Some of them went through on their own merits, self-stand-
ing bills.

But in about a dozen of them we had to go over and work with
the House leadership and include them as one package in the last
waning hours of the Congress so we wouldn’t have to start all over
with them this year.

Most of them dealt with strengthening local economies, dealt
with health care, with improved housing and a number of things
that I thought were pretty good.


‘Safe Drinking Water

Small Community Drinking Water Funding Act

S503

introduced by Sen. Reid on 3/9/01
9 cosponsors (MI - Stabenow)
Environment and Public Works
no committee action yet

HRII78

introduced by Rep. Jim Gibbons on 4/2/01
14 cosponsors (MI - Stupak)

Energy and Resources

no committee action yet

‘These identical bills would amend the Safe Drinking Water Act to add an EPA program to
assist small communities in meeting the applicable national primary drinking water standards at
reasonable cost. A separate section of the bill governs grants to Indian tribes, and 3% of the total
funding available is allocated to the tribal program.

‘Small rural communities have struggled with the problem of providing safe drinking water at
a reasonable cost. The problems are especially acute for some tribal communities, which are in
remote areas and have difficult and costly infrastructure problems. This bill would help tribes and
other small communities to provide safe drinking water.


102

TESTIMONY FOR THE SENATE COMMITTEE ON INDIAN AFFAIRS,
JUNE 19, 2001 HEARING
SUBMITTED BY THE

MINNESOTA CHIPPEWA TRIBE.

The Minnesota Chippewa Tribe appreciates this opportunity to present our concerns and insights
to this esteemed Committee. There are several environmental quality issues that we choose to
expound upon at this time.

The first of these concerns is the unmet needs of Tribes regarding hazardous substances and
contaminants. Federal support to Tribes through the United States Environmental Protection
‘Agency (USEPA) and Bureau of Indian Affairs (BIA) needs to be strengthened. Our self
determining capacities are improving in the environmental quality area, thanks to USEPA
programs such as the General Assistance Program (GAP), 106 programs under the Clean Water
‘Act, and Clean Air Act monitoring. BIA water and environmental quality programs are also of
benefit to many Tribes, but the waiting list for program funds is long, and many years may pass
before problems can begin to be addressed. The more we study the quality of our environment,
the more it becomes clear that our efforts must be intensified if we are to restore and protect the
environmental quality which will support a healthy lifestyle. As evidence of our concern, I have
enclosed my May 16, 2001 letter to U.S, President George W. Bush concerning the contaminant
dioxin. After reading this letter I trust that the Committee will gain understanding of our health
and welfare dilemma. Many contaminants, such as dioxin, mercury, and PCBs, may be found in
wild and domesticated foods. We need to know the contaminant levels in our major food sources
in order to intelligently communicate these involuntary risk factors to our Tribal members, thereby
providing them the opportunity to make the most healthy food choices. Federal legislative
funding increases in these critical environmental quality program areas will advance Tribal
monitoring and research which is crucial to protecting the health and welfare of Tribes. Further,
we ask the Committee’s support for the proposed USEPA Independent Tribal Science Advisory
Board. This Board would ensure that any Federal environmental quality research potentially
impacting Tribes is designed in a manner appropriate for evaluating Indian cultural and traditional
practices and lifestyles,

The second item for discussion is the need for the reauthorization of the Federal Superfund law,
Superfund Amendments and Reauthoization Act (SARA). This law provided a fund for assessing
and cleaning hazardous and toxic contaminant sites through a levy on the producer’s of hazardous
and toxic substances. Federal legislation reauthorizing the Superfund “fund” has not been
forthcoming in recent Congressional sessions. It is estimated that the fund will be out of money in
the coming year, just as Tribes are beginning to thoroughly investigate contaminated sites in their
impact areas. It will indeed be a travesty if the Federal funding for such investigations becomes a
limiting factor. We implore this Committee to uphold the United States Government's
responsibilities in this decisive environmental quality area by recommending the reauthorization of
a strong, well funded and equitable Superfund law, one which provides for broad Tribal
Government participation, and innovations such as Brownsfield initiatives.


118 -

4) Federal fonds yoing 10 Rura: Community Assistance Program to ceeute a 7 program

tpecificully to assist tribes with water and sewer programs

RCAP hes miade excellent eoucihuriors in comiatics where they five a presence There ane
several examples of wock RCAP has done ir Iudign Country. The Acoma tibe of New Mex co is one such
cxample. The level of expertise availsble thrcugh RCAP is comprehensive in nature. They can provide
reckvisal assistance anc act 2s an adv'sor a coajumetion with ota federal programs Ideally, a 7 RCAP
resionl uffec with a primary focus o> Incian ssues couid work more extensively with tribes and establish
 hramung yregram (0 insrease the competeace eve! of tribal nur utiles, Through exposure to the
practical applications of environment sciencesiergmnesning, we may encourage our youth to cocse this
inxpertaat disip.ine for a eareer path. RCAP could ehance the level of cooperation sith Interagency
werkiny grou9s, This could be one of tk keys to sscising the nfestraccure problems ad the
developmant of Yanbic action plan that addresses the specific nveds withan fisca,restramts,

5) ‘The continuation of the Rural Housing and Economie Development Program eliccinated
from FY 2002 HUD Budget

‘To Amd housing and economic development initiatives ines have ised this important granc
prograra. The Rura Housmz ene Economic Levelopment Progrem is an important tool it the self
determination equation, These dollays have more liberal uses. wh.ch has made it possible fo create down
pajrent assistance programs, subsidize home oencrship initiatives, star mortgage lending p:ograms, form
CDC's, finance new business ventures, and financlally support credit counschng programs. {is diffcelt to
understand how the benefits of a program like this ct be overiookey. If mecting the housing needs cf all
Native people were a national priority, we would create the largest enpploser, and hyghest grossing iodesty

‘o Indian Country. Remember, the rota: housing market including infiastucturc needs 18 approuching $25
bitter,

6) The creation of an Indian Housing representative position st cach of the Federal Agencies
that are involved with Banking: FDIC, Fedora! Reserve Rani, Federat Housing Finance
Board, OCC, sud Treasury.

‘The menger mania that bas bit the Banking industry creating sn usstable banking environment
for tubes nad their mescbers. Each time a bank is consumed by 2 larger entity the tibs must renegotiate
relatonships and re-educate the bank waif, Triba! members often expericace far more incanvensence
Decause the larger barks tend 19 use rs models rather than comizon sense guidehnes, thas making loans
‘more difficult to oblein The fees for banking services ‘ypically increase, which further depletes the
resources of undercapitalized families

‘The composition of regulatory ageucies should reflect that of the population at large. Native
people sre progressing through the ranks of mainstream corponte Amzrica. 11 is time thot the Barking
Industry recognizes some of our talemied membcrs for the contributions they are making. Naive penpe
teed a stronger preserve and a touder voice inthe financial wor.

Very truly yours,

Medi, erhrirnn
‘Ardith “DodieTM Chambers
Tribal Couneil Treasurer

Co: Tribal Core
MAST


65

Finally, Mr. Chairman, we would like to note that the Jevel of needed funding for
IHS health care is below what we need to provide to all of our beneficiaries. Congress
directed IHS to work with tribes to develop a sound, logical rationale for the
documentation of this need. Dr. Trujillo formed a national workgroup to do this. The
formula that the workgroup developed involved the comparison of the funding we get
with the amount of dollars we would receive if we provided the same level of service as a
Blue Cross Federal worker's health insurance plan. That comparison showed that, if the
National average cost is $3,500 per person, the IHS funding is $1,600 per person.

Further analysis showed that the funding IHS receives is not equally distributed
through the IHS areas. The Bemidji Area gets $850 per person and we are the lowest
funded IHS area. We respectively request that this Committee take action to bring every
tribe up to at least 70% of the needed funding. In addition, a special appropriation is
needed to bring the Bemidji Area tribes up to an average of 6.5% of level needed
funding.

Mr. Chairman, this completes my statement on behalf of the Leech Lake Band
and the MAST tribes. I would be happy to answer any questions the Committee
members may have.


71

Our unmet need for new school construction is approximately $11 million.
Health and Human Services

Our members suffer from high anxiety and mental health strains because of the
lack of economic opportunities on the reservation, leading to their inability to
provide for the care of themselves and their families.

Currently we operate Mental Health and Chemical Dependency programs funded
through a combination of Federal and State agencies in the amount of $1.2 million
dollars yearly, these funds however do not meet our entire needs. We remain
unable to provide follow-up family counseling. Our population is increasing at a
greater pace than the capacity of our systems funding levels. In order for us to
provide complete services we must expand the capacity to include follow-up care
with family support services. Without these funds existing services to our clients
will continue to be reduced by the increased caseloads, or quite possibly, some
families will simply be turned away from all services.

Our unmet need is approximately $300,000.

In summary the White Earth Reservation must provide a safe environment for our
membership. We request favorable consideration be given to our request for
funding our unmet needs as outlined in this report. If this can be accomplished it

will improve our quality of life by expanding our economic base and reduce many
social problems facing our people.

Thank you for the opportunity to present this report and request, if additional
information is needed we would be pleased to provide it.

Respectfully submitted,
Dee dar

Doyle Turner


16

Il games using electronic, computer or other technical aids are not
to be defined as gambling devices under the Johnson Act.

This provision will bring IGRA into conformance with several re-
cent court decisions which held that many of the technical aids
used by tribes to assist in the playing of bingo or pull-tabs do not
violate the Johnson Act.

Second, this act also requires tribal gaming commissioners and
commission employees to become subject to background checks,
similar to those required by key management and employees of
gaming facilities. We believe that this provision closes the gap
under current law and provides a fair standard for gaming licenses.

It also requires the National Indian Gaming Commission to levy
fees against tribal operations that are reasonably related to the du-
ties and services provided by the commission to tribes. In certain
instances it reduces the level of fees payable by those operations.

The Onieda Tribe alone pays over $9 million annually for regula-
tion of our casino. That is $9 million annually. I have to emphasize
that because what it causes me to think of is this past 10 months,
we have struggled at length to secure bonding with the bank to pay
for a $15-million health care facility in Onieda.

When I think about $9 million annually that is going to regu-
latory matters, compared to this $15 million health care facility, I
compare those two. There are a lot of needs associated with health
care and other important matters that could be addressed.

So, I guess I would like to say that we would like to take meas-
ures to assure that these dollars generated by the casinos to the
greatest extent possible come back to the tribal communities and
be directly attributed to those infrastructures and issues that are
important in those communities and that unnecessary regulatory,
and j will emphasize “unnecessary regulatory overlap” be mini-
mized.

Another area is that the proposed amended act directs the NIGC
to commence a process of negotiated rulemaking to promulgate reg-
ulations relating to the monitoring and regulations of tribal gam-
ing, the establishment of regulation of internal control systems and
the conduct of background investigations.

In all those words, I emphasize “negotiated” rulemaking. Such
regulations must be published in proposed form within 1 year of
passage of this bill.

In a change from last year’s bill, the current bill would sunset
NIGC’s minimum internal control standards 1 year after passage
of this bill. Although the bill addresses several concerns raised by
the tribes over the past few years, it does have some weaknesses
to it. I will highlight what we believe those weaknesses are.

One, it does not provide an alternative compacting process that
tribes have requested since the Supreme Court decision in Semi-
nole.

Additionally, we believe that IGRA should be amended to more
clearly and forcefully prohibit the ability of States to demand finan-
cial compensation from tribes as a condition before entering into or
extending class III gaming operations.

In the recent past the BIA has been far too willing, we believe,
to approve such provisions under the guise that tribes are paying
for exclusivity in the gaming market.


99

Great Lakes Oil and Gas Drilling

S 1033

introduced by Sen. Stabenow on 6/13/01
12 cosponsors (MI - Levin)
Environment and Public Works

no committee action yet

AR 2167

introduced by Rep. Bart Stupak 6/13/01

31 cosponsors (MI - Bonior, Conyers, Barcia, Dingell, Kildee, S. Levin)
Resources.

no committee action yet

‘These identical bills would prohibit any drilling activity, including slant or directional drilling,
to extract oil or gas from submerged lands in any of the Great Lakes until a study on such drilling has
been completed by the National Academy of Sciences on the environmental impact of such drilling.

All eight states bordering the Great Lakes prohibit offshore drilling from rigs in the Great
Lakes. Michigan, however, allows drilling for oil and gas underlying the Great Lakes from on-shore
wells (slant or directional drilling). A few permits for such drilling have been issued in Michigan, and
the state is considering issuing additional permits.

The consequences ofa mishap from such drilling could be disastrous to the fishery and the
ecosystem. It is prudent to study the issues before such drilling is allowed.


21

You might look into that because we just reauthorized that, Sen-
ator Leahy of Vermont and I, last year. It is $15 million a year for
3 years straight. Tribal groups are included in that.

In addition to that, a couple of years ago we passed some funding
for what is called CTEK. It is the branch of the Federal Govern-
ment that can transfer technology apparatuses, you know, scanners
and listening devices and all kinds of things that can transfer to
the local departments, too.

Those are done on a grant basis and tribes are also included in
that, as any State, or municipal or sheriff's department, too. They
can avail themselves to get some of the equipment that is surplus
at the Federal level.

There was also a bill that passed a few years ago that I don’t
think tribes have availed themselves to very much. It was called
the Cops in Schools Program. It provided money that would offset
the cest of a policeman being a resource counselor for conflict reso-
lution in schools, not there as an armed guard to prevent kids from
fighting, but to be an additional resource person.

Tribes can also avail themselves to those Cops in Schools Pro-
grams. I might mention my own State of Colorado. Not one school
applied for any of those grants before the massacre at Columbine

igh School. Now many of them are applying for those grants.

So, I just passed that on to you because I know you are inter-
ested in law enforcement.

Now, Chairman Danforth, you seemed to focus quite a bit on the
Indian Gaming Regulatory Act and the Gaming Commission. Four
years ago when we authorized the Indian Gaming Commission,
their budget was $2 million. Now, 4 years later, it has quadrupled.
It is $8 million.

Early this year they came in to see me and wanted that included
to $15 million. I don’t know if they have come to see Senator
Inouye yet or not. I haven't talked to him personally about it. But
I was very reluctant to support that because we have gotten a
number of comments from tribes that they not only monitor, regu-
late, and investigate, but they tend to be somewhat punitive and
overly regulatory in some cases and don’t have enough input from
the tribes themselves.

I didn’t support that but I just mention that, that they want to
expand the scope of their jurisdiction. You know, I have been rel-
atively supportive, and I am very supportive of Indian gaming, by
the way. But I think that one of the weaknesses we face is like
many agencies back here, they tend to grow and grow and grow.

With their growth comes more and more and more jurisdiction
which means the local guys, that is, the tribes in this case, some-
times—well, I don’t want to use the word “victimized”—but they
are certainly not taken into consideration sometimes when these
Federal agencies grow to a point where they are more interested
in their growth than they are doing their job.

But I just wanted to mention that to you that there does seem
to be a movement for them to grow some more.

Mr. DaANForTH. Your interpretation of the testimony is right on
mark with what our concerns are. Again, I want to emphasize that
it is not our desire to not have regulation, not have oversight, but




95

NATURAL RESOURCES LEGISLATION
OF INTEREST TO MAST TRIBES

Ballast Water
Great Lakes Ecology Protection Act

HR 1680

introduced by Rep. Hoekstra on 5/3/01

12 cosponsors (MI - Barcia, Ehlers, Rogers, Upton, Camp, Stupak)
House Transportation and Infrastructure

No committee action yet

$1034

introduced by Sen. Stabenow on 6/13/01
12 cosponsors (MI - Levin)

Commerce, Science and Transportation
No committee action yet

These bills require the issuance of Coast Guard regulations under the National Invasive
Species Act to assure that vessels entering the Great Lakes do not discharge ballast water that
introduces or spreads nonindigenous aquatic species and to treat ballast water and its sediments
through the most effective and efficient technologies available, now and in the future. The house bill
would require publication of proposed regulations within 120 days of passage and final regulations
within 270 days of passage, to be followed by regulations concerning innovative technologies within
720 days of passage. The Senate bill is similar to the House bill, but the text is not yet available for
comparison.

The importance of these bills to the tribes is discussed in the testimony.


33

time, it is a slap in the face to us. I think the timeframe should
be shortened, speeded up a little bit.

The CHAIRMAN. I would like to thank the panel. But before I do,
I have been on this committee now for over two decades and durin;
that time, I must confess to you that I have become disillusione:
and ashamed of the way that Americans have related to Indians,
the lack of sensitivity, the lack of concern.

I have been thoroughly angered by the way we have completely
ignored treaty obligations. That is why I try my best in a small
way to undo the damage that we have already incurred upon In-
dian country.

Unfortunately, this may become a long process. But I can assure
you that I will stick to it as long as I can.

To all of you, once again, I thank you for your participation.

If I may, I would like to call the last panel. Alfred Trepania,
president, Inter-Tribal Council, Lac du Flambeau, and Aaron
Schlehuber, tribal attorney, Sault Ste. Marie Tribe of Chippewa In-

lians.

May I now call upon President Trepania.

STATEMENT OF ALFRED TREPANIA, PRESIDENT, GREAT
‘S INTER-TRIBAL COUNCIL, INC., LAC pu FLAMBEAU, WI.

Mr. TREPANIA. Thank you. Thank you for the opportunity to
present this statement. My name is Alfred Trepania. I am the
resident of the Great Lakes Inter-Tribal Council from the State of
isconsin.

For the tribal nations represented by the Great Lakes Inter-Trib-
al Council, education remains our strongest hope for strengthening
our capacities to address the serious issues, which our communities
must face. For our tribes, education also remains our strongest
hope for sustaining our values, languages, traditional knowledge
and our understanding of the place of humans in the natural
world.

Many of our educational institutions, tribal schools, charter
schools, and tribal colleges are working to prepare for our future
by building on our rich culture and our intellectual inheritance.
This approach is gradually yielding some successes:

Over time, the success rates of Indian students, students attend-
ing tribal schools are increasing.

Students who have dropped out are returning in increasing num-
bers to obtain their high school equivalency diplomas.

During their years in schools, more and more Indian students
are becoming computer-literate, participating in science fairs, and
enjoying courses in field biology and other natural sciences. These
successes in turn are helping our communities to prepare for the
next set of challenges we must address.

Our tribal economies depend to a great extent on tourism and
the careful management of natural resources. Our daily lives de-
pend on good transportation linkages, safe drinking water, and on
dependable supplies of drinking water, and on dependable supplies
of fuels and electrical power. Many of our tribal members rely on
fish and wild game for significant parts of their diet.

But the balances of nature in the Great Lakes region are shift-
ing, in some cases dramatically. These changes, in turn, affect our


17

Next, I would like to address the issue of NIGC oversight. We be-
lieve that this committee should hold hearings on the followin;
issues: The authority of the NIGC. Over the past few years, NIG
has engaged in an aggressive effort to expand its jurisdiction. They
have promulgated regulations extending their authority over class
III gaming, an area where tribes and States have already devel-
oped regulatory agreements under tribal-State compacts.

The NIGC is also nearing completion of health and safety regula-
tions wherein the tribes and the commission would concurrently
have regulatory authority to ensure tribal gaming facilities are con-
structed or maintained and operated in a manner which protects
the environment, the public health and safety.

Although the tribes believe and continue to demonstrate that
gaming must be stringently regulated and conducted in a safe envi-
ronment, we believe that NIGC has extended itself beyond the
scope of the authority provided under current law.

Tribes are the primary regulators of their gaming establish-
ments. The commission and the States taking on their respective
roles, as mandated under IGRA, the NIGC should not be allowed
to simply develop regulations that create the wheel or recreate the
wheel to enhance their own authority. And Congress must be vigi-
lant to make certain these boundaries are maintained in order to
protect the integrity of the act.

We would also like the committee to hold oversight hearings on
the staffing of NIGC. NIGC has received a significant increase in
funding from the tribes over the past few years. Congress should
have the opportunity to fully understand how that money is spent.

Again, tribes are not, and I emphasize “not,” attempting to sug-
gest that we don’t want to be regulated, but rather we are suggest-
ing that the reach of Government be kept in check with the author-
ity that is conveyed under the law.

Last, I would like to comment on the economic impact of gaming
for MAST-member tribes. Of the 36 MAST-member tribes, 33 are
gaming tribes. The intention of Indian gaming is to help tribes and
Indian people grow stronger and become more self-sufficient. In-
dian gaming is helping many tribes like ours rebuild their reserva-
tion communities.

It is also bringing significant economic benefits to the non-Indian
community in these areas. Nationwide, Indian gaming is providing
more than 200,000 jobs. More than 200,000 jobs. Many of those are
held by non-Indians.

The Onieda Tribe is an example. It is one of the largest employ-
ers in Brown County. Brown County is one of the most heavily pop-
ulated counties in the State of Wisconsin. Altogether, we have over
3,100 employees. Of that, 1,500 of those employees are engaged in
our gaming operation; 40 percent of our total employee base are
Onieda; 9 percent are other Indian tribes; and 51 percent are non-
Indian employees.

So, the benefits that gaming brings to non-Indians doesn’t stop
at the boundaries of the reservation. MAST-gaming tribes are cre-
ating economic growth in many ways.

There is less welfare in areas with Indian gaming facilities, more
tax income from employee wages to State and local governments,
growth in spin-off businesses near casinos and vendors and other


61

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114

CARA, notably Title |, Pittman-Robertson Wildlife Conservation and Restoration
Programs Improvement and Title Il, Endangered and Threatened Species Recovery
(similar to CARA titles Il and VII respectively)

Unlike the House and Senate versions of CARA, and despite input provided by tribes,
this bill does not include tribes as eligible entities to directly receive funds for
conservation. This is a disappointing step backward. As | mentioned previously in my
testimony, tribal members have paid federal excise taxes for decades under the Federal
Aid Acts to fund the Pittman-Robertson Wildlife Conservation program, yet tribes and
tribal members have received nothing in return. Under S. 990, tribes would receive no
direct allocation like the states and territories, but may receive a grant or contract by a
state to use a portion of that state's allocation. | can assure you that virtually without
exception, no state will ever share any of its wildlife funds with tribes, rendering the
current language in this bill meaningless. Title | of S. 990 needs to be changed to
provide the 2.25% proportional share to tribes as both the House and Senate have
recommended under the corresponding Title Ill in CARA. | ask for your assistance in
this regard

Conclusion

In the past, tribes have often been overlooked by the Congress when promulgating new
legislation for conservation programs. There are several conservation initiatives,
including those I have discussed above, currently being considered by the Congress
and the President that affect tribes. Like states and territories, tribes have a great need
for conservation funding to protect that portion of America’s resources under tribal
jurisdiction.

| would be pleased to provide any additional information you need. | thank you for the
opportunity to present testimony today on behalf of the Red Lake Band of Chippewa
Indians and the Midwest Alliance of Sovereign Tribes

Testimony of the Hon. Bobby Whitefeather, Chairman, Red Lake Band of Chippewa Indians
Page 6
June 19, 2001 - Senate Committee on indian Aftairs


116

The Grand Traverse Band of
Ottawa and Chippewa Indians

Daye X Wes: Bayshore Drive © Suctens Ba

ME as6e2 + $2540 271-3538

Duly 3%, 2001

Honerable Senstor Diet X Inouye
Sena Incian Affain Conuutee
Hart Suileang, Reom 528
‘washongten, D.C. 20516

REE Background Unfo-tration tor Testineny Made by Ardith (Doshe! Crambers
‘ressurst of the Grand Trave'se Bacd of Ottona anc Chsppewa Indias
Jase 18, 2001

Dear Senator Inouye

On benalf of the meuters and Board of Directors of the Natcnal Congress cf Arvericaa tndiaas
sod Midwest Alliance of Sovere-gn Tnbes, | would like to thnk Chaicmse Inouye, Ranking Member
Campbell, and otter Jsuayuished members of He Senate Commitee on Ind:an Afairs for he opportunity
to suka amen testimeny in support of my eral presentation to the Comittee on fune 15, 2001, T feel a
pica scase of rement heesure J speak 10 You 65 # Libel leader ard asa
representative of Incisn people throughout this ration

Before 1 addiess the Sx sues highiighied in ny vstimony {wk Dat you tke time wo fect on
cone findamuatsl poneples necessary for ovr effors (@adheve success. Most succesful models bing
{eed 19 lnprove economic conditions m thie word countries employ stuopologis, sceilogis, acd
feconemust This ache iavolses obseratcn, ierectog, and defaticn, porto offering soltions The
failure of many Native Amer.an programs to actieve tbeir desired objectives can be teed 19a ck of
uncerstancing for Native taditons and cultures. Lam encouraged >y ver Sircussions. The goverament to
goreruncol ‘elatorship we share ip exuensly imponas) If we vontinue to seek the counsel of onc
nother, we cen solve problems thrcugh synergistic appromis, My tube ts ever mind ofthe seventa
gevention We can work ingetber and Idetty slatons ths sal offer sustamale benefits, What good
Yr tohian Cammy is benefnal 0 all Americans

1) The creation of a federal task force to work ow infrastructure needs far Indlan Country

‘The Graud Ttaverse Bunt is active in the beth NCAJ end NAIC. The NAUHC Chairman Catster
‘Cart places the cuent Incian Health Services oudgetery needs in the 54S Billi range. He his asked
Congiess for @ S180 milion increase in the earert appropneton for water and sewer systems within the
Sazatstion Facilites Constuction component of the Intian Heel Services and Facilites budget. If
grasted, his request would Factiate some of the pentyp need created by increased buulag activity in
Indian Country

Furthermore, during the sumrues of 2000 President Clinton introduced an initiative tha: improved
acess to communication and power transmssion ‘ines oa Rescrvarons. This effon oaly begins © bridge
‘Be communications gap tbat &vides ou1 poorest reservations from urban eenrers, The BLA Roads funding
allocation system provides 80 percent of its dollars to existing BIA owned ronds, The ba'ance (20 percen:)
of the BIA appcopriation is disritutcd by populatior. This format veduces the ods of receiving fending
{for all and medium size tnbes that do not have existing BIA roads. Plecse consider the obstacles created
by madevateinffasievcture When safe wacer and sewage <isposal systems are not available ou bovsang,

GRAND TRAVERSE © CHARLEVOIX LERTANALT—-BENZJE| MANISTEE

ANTRIM


4

No. 1, the proposed regulations strike a balance between the in-
terests of tribes and local governments on preserving the land-to-
trust process.

No. 2, the proposed regulations place higher scrutiny on off-res-
ervation acquisitions;

No. 3, the proposed regulations provide a needed and valuable
tool for landless tribes to begin to acquire the trust land;

No. 4, the proposed regulations treat land applications for parcels
contiguous to existing reservations as off-reservation. The letter
and spirit of the Indian Reorganization Act creates a process be-
tween the Federal Government and the tribes.

Although the statute suggests that local governments should not
have a role in that process, are the proposed regulations rigorous
enough to ensure that local governments will have significart op-
portunities to have their interests weighed by the Department
when considering a trust acquisition?

There is little doubt that even under the current regulations local
governments are receiving an opportunity to make their interests

nown in a meaningful way. The last fee-to-trust transaction com-
pleted by the Stockbridge-Munsee Tribe took over 3 years.

In fact, we have a current land-to-trust parcel that we are work-
ing with the Bureau on. It has been there since 1995. So, it is a
very lengthy process. Local governments do have an opportunity
and State governments do have an opportunity to involve them-
selves currently in the process.

The Stockbridge-Munsee position on the final rule is influenced
by our own unique historical perspective. What I would like to do
now with the balance of my time, and in the interest of time, I
would like to put up a few maps here.

The Stockbridge Munsee Tnibe’s history presents at least as com-
pelling an example as any tribe in the country of the past failures
of the United States policy with respect to tribal lands.

What you see here in this first map represents the final treaty
that the Stockbridge-Munsee entered into with the Federal Govern-
ment in 1856. It provided us with the two-reservation township.

The second map shows what happened in 1871 when Congress
authorized the sale of three-fourths of the tribe’s reservation, most-
ly for its valuable timber. The act passed in 1871. It took away
about 34,000 acres.

The third map: By the time the Indian Reorganization Act was
enacted, the land base had dwindled, as you can see, to nearly
nothing.

Finally, this last map indicates what has happened on our res-
ervation since the passage of the Indian Reorganization Act. All
those areas shaded in yellow represent trust land that was ac-
quired since 1934. The mn represents the land that we own that
is not in trust. The red and the blue that you see there indicates
land that was ours just immediately preceding the Act of 1934.

So, that is a quick snapshot. That sort of covers the changing
Federal policy and how that impacted our particular tribe. I am
sure that our story that we tell here can be repeated by every trib-
al leader who sits behind me.

Again, I want to take this opportunity to thank you for welcom-
ing us here today. I will be glad to answer any questions.


93

take in ballast water and are dropped off in the Great Lakes when the ballast water is discharged.
Ballast water has been the culprit in introducing a number of exotics. The most recent example is the
zebra mussel, which is rapidly changing lake ecology by coating the lake bottom, disrupting the food
web, displacing native species, and filtering out nutrients upon which other species depend.

Zebra mussels have been implicated in a disturbing recent development: the rapid decline —
in some areas, the total disappearance — of Diporeia for Lakes Michigan and Huron. This small
bottom dwelling organism was an abundant and essential food for whitefish and other major species,
a key link in the lake food chain. Its decline threatens to produce a sharp decline in the fishery,
perhaps an ecological disaster.

The federal response to the ballast discharge problem to date has been at best delay and
temporizing. The EPA continues to ignore its responsibility to regulate ballast water discharge. After
a decade of study, the Coast Guard has only recently published for comment a statement of suggested
approaches to setting ballast water standards, a long march from actual regulation. This despite the
fact that Congress mandated regulations several years ago in the National Invasive Species Act. It
appears that the powerful shipping industry has thus far succeeded in thwarting any meaningful
regulation of ballast discharge.

Congress must step in and deal forcefully with this issue. Fortunately, within the last several
weeks there has been bipartisan movement on this issue. Rep. Hoekstra (R-MI) has introduced H.R.
1680, and Sen. Stabenow has introduced S. 1034 (just last week). These twinned bills have each
gamered 12 cosponsors, including Sen. Wellstone of this Committee. The bills would require the
promulgation of Coast Guard regulations which would assure that vessels entering the Great Lakes

do not discharge ballast water that introduces or spreads nonindigenous aquatic species and that


38

The CHAIRMAN. Yes; I would appreciate that.

Mr. TREPANIA. Sure, I will do that.

The CHAIRMAN. Mr. Tribal Attorney, you have mentioned a
measure that Ms. Stabenow introduced and. I am happy to say that
I am a cosponsor of that. That affects the Coast Guard. Do you
think that we should have a measure that would call upon EPA to
do likewise?

Mr. SCHLEHUBER. Well, beyond the regulation in S. 1034, the
EPA has a duty to address this problem to begin with. The fact
that they have not done it has caused people to seek other avenues,
by means of S. 1034.

But, of course, EPA has a duty to address this issue. We would
like to see them do that. There is litigation taking place on the
West Coast. The EPA is currently being sued along these same
lines. That suit may result in this particular issue being addressed.
That may be years down the road.

The CHAIRMAN. You have called upon the EPA to provide such
services?

Mr. SCHLEHUBER. There is an organization called DCORA that is
a collection of the various tribes in Northeastern Michigan. I be-
lieve that entity has in the past contacted EPA for information to
see what was being done. I couldn’t tell you the current status of
that.

The CHAIRMAN. I can appreciate what exotic species can do to
plant life and animal life. Hawaii, as you may know, is the land
of many of these endangered species. We have more endangered
species in one State than the whole United States combined. But
we are always constantly concerned about exotic species.

The most recent on is a snake. We don’t have snakes in Hawaii,
as you may know. But somehow, the Brown Tree Snake was intro-
duced to Hawaii. That snake, incidentally, has wiped out seven
species of birds on the Island of Guam. We are concerned it might

lo the same in Hawaii.

So, I can understand your concern about exotic species coming
into your area.

Once again, I would like to thank both of you for joining us this
morning. I would like to invite all of you to join us at 2 o’clock
today in this room for a discussion on a possible statutory frame-
work for the taking of land in trust.

I am certain those of you who have studied the record of Con-
gress will know that this year like last year and the year before
several measures have been introduced by various members of Con-
gress that would put obstacles in the way of taking land into trust.

So, we would like to come forth with some positive responses to
such bills by coming out with some positive legislation on takin
land into trust, to better enforce that agreement that we have witl
Indian country.

So, for those of you who are interested, please join us. The senior
staff members will be here. Hopefully, from these discussions, we
will come forth with legislation that will help all of you.

With that, I would like to thank all of you.

We will stand in recess until our next meeting.

[Whereupon at 12:20 p.m., the committee was adjourned, to re-
convene at the call of the Chair.]


100
Fisheries Habitat
Fishable Waters Act

S678

introduced by Sen. Bond

1 cosponsor

Environment and Public Works
no committee action yet

HR 325

introduced by Rep. Tanner

27 cosponsors (M1 - Dingell)

Transportation and Infrastructure and Resources
no committee action yet

These bills, which are similar but not identical, would amend the Water Pollution Control Act
to establish an Interior program of grants to states to carry out approved fisheries habitat protection,
restoration, and enhancement program, Tribes are treated as states for purposes of funding eligibility.


41

1999010). Our overriding interest is stated in the preamble to that statute which

reads:

The bands that make up the Little Traverse Bay Bands of Odawa Indians [LTBB
or tribe] historically resided in the Great Lakes Region in harmony with the natural
environment since well before the arrival of Europeans. The Great Lakes, especially
Lakes Michigan, Huron, and Superior, have provided the tribe with food, water, and
transportation for hundreds of years. The central mission of the tribal government
stated in the tribe’s constitution is “to provide for the perpetuation of our way of
life and the welfare and prosperity of our people, to preserve the right of self govern-
ment, and to protect our property and resources.” Preserving the environmental
quality of the Great Lakes and their resources for the present and future genera-
tions is absolutely essential to the tribe. This statute is enacted to help protect and
preserve the Great Lakes ecosystem.

As stated in section IV of that same tribal statute, any degradation or destruction
of the Great Lakes violates our treaty rights, the “supreme law of the land,” and
therefore violates Federal law:

Under article VI of the U.S. Constitution, “all treaties made, or which shall be
made, under the authority of the United States, shall be the supreme law of the
land; and the judges in every State shall be bound thereby, anything in the Con-
stitution or laws of any State to the contrary notwithstanding.” LTBB was a party
to numerous treaties with the United States including the 1836 Treaty of Washing-
ton, 7 Stat. 491, in which the tribe reserved the right to utilize Great Lakes re-
sources for subsistence and commercial purposes. Federal courts have upheld the
continued vitality of this treaty right. Degradation and destruction of the Great
Lakes ecosystem constitutes an unauthorized limitation or negation of this treaty
right, Any such degradation or destruction therefore violates the “supreme law of
the land.” Any drilling, sale or diversion which has the potential for impacting the
waters of Lakes Michigan, Superior, or Huron ceded by the 1836 Treaty of Washing-
ton would violate Federal law and tribal law, and LTBB will take any appropriate
and necessary action to prevent such activity including seeking Federal prosecution
therefore.

LTBB’s sovereign status, its critical interest in preservation of the Great Lakes,
and the fact that any action that negatively impacts the Great Lakes violates the
1836 Treaty, which is part of the “supreme law of the land,” make it imperative that
LTBB be a part of any decisionmaking process that could result in loss of Great
Lakes waters.

LTBB has submitted its concerns regarding this issue to all Michigan members
of the House and Senate and submits with this testimony: Little Traverse Bay
Bands of Odawa Indians, Waganakising Odawak Statute 1999010, Protection of
Great Lakes; Resolutions from the Michigan Council of The People of The Three
Fires, Resolution No. 00-8, Preventing the Diversion of Water From the Great
Lakes and Resolution 00-1, Protection of the Great Lakes; Resolution from the Mid-
west Alliance of Sovereign Tribes, Resolution No. ***** Title. Finally, the Little Tra-
verse Bay Bands of Odawa Indians with four other federally recognized Michigan
tribes, each signatories to the 1836 Treaty of Washington and intervening plaintiffs
with the United States of America v. State of Michigan et al, engaged in extensive
mediated negotiations to resolve differences concerning allocation, management, and
regulation of fishing in 1836 Treaty waters. The negotiations resulted in a Consent
Decree and related documents detailing how fishing in 1836 Treaty waters will be
allocated, managed, and regulated by the parties for the next twenty years. The De-
cree sets forth provisions to address Federal, State and tribal management and allo-
cation concerns. “1836 Treaty waters” mean all waters of Lake Michigan, Lake
Huron, Lake Superior, and connecting waters, which are within the area ceded in
Article First of the Treaty of March 28, 1836, 7 Stat. 491.

This concludes my testimony at this time and I thank you for your attention and
concern to this great issue facing our great states and nations. June 14, 2001.

PREPARED STATEMENT OF ARDITH DODIE CHAMBERS, TREASURER, GRAND TRAVERSE
BAND OF OTTAWA AND CHIPPEWA INDIANS, PESHABESTOWN, MI

I am Ardith Dodie Chambers, the treasurer of the Grand Traverse Band of Ot-
tawa and Chippewa Indians of Peshabestown, MI. I have served our tribe all of m
adult life. In 1978, I and a group from our community carried the petition for Fed-
eral recognition to Washington, DC. On May 27, 1980, the Grand Traverse Band
of Ottawa and Chippewa Indians became the first tribe in the United States to suc-
cessfully petition for Federal recognition. Shortly, thereafter, I became our first trib-