59

Task 3.1 Water Supply Evaluation,

Task 3.1.1 Groundwater

Task 3.1.2 Surface Water

Task 3.1.3 Water Supply evaluation

Task 3.2. Water Distribution Evaluation

Task 3.3 Water Supply and Distribution System Results

Task 4 MR&dl Water System Altemative Development
A. Water Supply
B. Treatment
C. Storage, Pumping Stations, and Distributions
Task $ ___ Alternative Evaluation
Task 5.1” Alternative Costs

Task 5.1.1 Contract Costs

Task 5.1.2 Non-Contract Costs

Task 5.1.3 Alternative Costs Comparison
Task 5.2. Environmental Impacts

Task 5.3 Non-Monetorary Evaluation
Task 5.4 Selected Plan

Task 6 Proposed Project

Task 6.1 Design Criteria

Task 6.2 System Costs

Task 6.3 implementation Plan

Task 7 National Environmental Policy Act (NEPA) Compliance

‘The feasibility study report is intended to show that the proposed project is feasible and meets
NEPA requirements. The study will be the primary supporting document for subsequent funding
requests to Congress for final design and construction funding of the MR & I System.


Cc.

123

3. Quality Relative to Availability and Cost

The Tribe does not believe it is proper to charge the vast majority of its
members for a quality of service (based upon TS LIRIC data as in the
case of U.S. West) for a modem and adequate telecommunication system
which in fact does not exist on the Reservation. In truth, the availability of
lines and the outdated quality and over-use of existing lines does not
justify the high cost of local service which U.S. West has been permitted
to charge Reservation customers. Since the cost of local telephone
service to the Reservation has doubled in the past 5 years, the quality of
and accessability to local telecommunication service has diminished.
Meanwhile, geographic areas within the Reservation which have
traditionally been unserved remain so as the response time to requests for
fine extension continues to be delayed (a present lag time of 2 months to
1 year, with the oldest presently pending request, according to BIA
personnel, being 4 % years old) and the cost of extending a line continues
to escalate to the point of being “costly” according to U.S. West
regulators. (See discussion of regulating right-of-way acquisition on the
Reservation, §C.5., below.)

§§ 19-36 Obstacles

COMMENTS:
The main obstacles to increased phone services on the Reservation is: poor
quality of existing local telephone service due to over-loading of existing lines
and inadequate number of engineers serving the system; refusal by U.S. West to
add more lines to increase capacity within the exterior boundaries of the
Reservation: the rural distribution of residences throughout the Reservation; the
high rates charged Reservation customers who request new line extensions; the
high cost and poor quality of existing focal basic telephone service; and the
relatively low house-hold income of those residing on the Reservation.

4. Demographics

COMMENTS:

The population of the Reservation is scattered over most of the
Reservation, although there are 5 main populations centers outside of the
town of Riverton. A very rough estimate of the distribution of the
population by general, geographically undefined areas is - Ft. Washakie
31.7%, Arapaho 31%, Ethete 26.2 %, Burris 5.8%, and Crowheart 4.1%.
‘Some of the population reside 10 to 15 miles from their nearest neighbor.


25

The CHAIRMAN. I presume you know the committee’s chief coun-
cil Patricia Zell? Have you discussed this matter with her? I would
suggest you do so and see if we can work out something here.

e have been advised that in a few minutes the Senate will be
voting, so our timing has been perfect. I would like to thank all of
you for traveling long distances to be with us, and if you do have
any additional information you would like to share with us, please
feel free to do so. And if you feel that some of your problems will
require legislation, discuss this matter with us. We will do our very

st.

Ms. Posey. Thank you.

Ms. SMALL. Thank you.

Ms. HAMEL. Thank you, Mr. Chairman.

[Whereupon at 11:40 a.m. the committee was adjourned, to re-
convene at the call of the Chair.]


154

Neng Nation Lite Proto the 107* Congr

‘The Navajo Nation commends Congress for creating the “Indian Lands Tide Report
Commission” in the Omnibus Indian Advancement Act last year to “facilitate home loan
mortgages on Indian trust lands." However, the time for studying and use of
commissions is over. Indian Country needs action. Congress must provide the Bureau
of Indian Affairs Realty Division adequate funds and resources to perform its trust
responsibility during the mortgage review process in a timely manner in order to keep
pace with the private mortgage industry. One Navajo family has been waiting over a year
and a half for their mortgage co be recorded by the Navajo Regional Office, and they are
siill waiting. ‘This delay is unacceptable to private mortgage lenders.

Second, Congress should enact legislation to allow the BIA Tide Plants to give
access to private sector title insurance companies so that they can conduct title searches
as they do in county records offices off reservation. By allowing public access to
conduct title searches, the mortgage process would be expedited, and borrowers and

lenders would be in a much better position to ascertain whether clear title exists or
whether there are tide defects.

‘Third, because Native American homebuyers are most often first-generation
homebuyers, the demand for homebuyer education and credit counseling in tribal
communities is much higher than from first-time homebuyers off the reservation. This
demand is best met by local homeownership intermediaries or housing counseling
agencies that are familiar with the local practices and cultures of wibal communities.
Off-reservation, these types of organizations are supported by the Federal Housing
‘Administration’ (FHA’s) housing counseling programs. However, Native American
agencies generally lack the capacity to access these FHA resources. Unforcunately, it
sometimes takes capacity to obtain capacity-building funds. Congress should enact
legislation to restructure FHA’s housing counseling program so that Native American
‘organizations can benefit from the program, Since FHA has been experiencing record
surpluses over the past two years, now is che time to expand its programs co meet the
needs of the one of the most underserved communities in America.



149

[Nanajo Nation Laiatve Priorities forthe 107° Congress

“The provision of health services to members of federally recognized wibes grew
out of the special government-to-government relationship between the federal
government and Indian tribes. This relationship, established in 1787, is based on Article
I, Section 8 of the Constitution, and has been given form and substance by numerous
treaties, laws, Supreme Court decisions and Executive Orders. The 1921 Snyder Act
authorized regular appropriations for Native health care, The administration for Indian
health passed from the Department of the Interior (DOT) to the Department of Health
and Human Services (HHS) in 1954 pursuant to P.L. 83-568 also known as the Transfer
‘Act. The 1976 Indian Health Care Improvement Act further recognized the federal
responsibility for Indian health and paved the way for more Indian input into Indian
health programs.

THS is responsible for providing quality health services to American Indians and
‘Alaska Natives. IHS services are provided directly and through tribally contracted and
operated health programs. These services also include health care purchased from more
than two thousand private providers, The IHS system consists of approximately 37
hospitals, 64 health centers, 50 health stations and five school health centers. An
additional 34 urban Indian health projects provide a vatiety of health and referral
services. While the health and well-being of Indian people has greatly improved, Indian
people still succumb to illnesses and injuries that don't often prove fatal in even the
poorest of rural communities. In addition to problems of recruitment and retention of
IHS personnel, lack of adequate facilities close enough to reservation populations make
existing health care services less significant. This is particularly true when a major health
crisis occurs, such as an accident or injury, and for those suffering from chronic diseases.

‘The Navajo Nation has great concen with the level of funding provided to THS
as it continually fails to keep pace with inflation, growth of the Native American
population, and the true needs of tribal governments. IHS services are provided through
annual discretionary funding and over the last thirty years there has developed a chronic
pattern of under funding which has contributed greatly to the disparity in health status
among Native American people.



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

Parricia M. ZELL, Majority Staff Director /Chief Counsel
PAUL MOOREHEAD, Minority Staff Director / Chief Counsel

(n)


119

unavailable anywhere within the exterior boundaries of the Reservation,
BIA realty personnel report that they, as well as Indian Health Service, could
benefit from this type of ine if available. Other federal and tribal government
offices and Reservation business and residential customers could also
benefit by having a high speed data line available tothem. According toU.S.
West personnel, in order to bring in a“T1" line to Ft. Washakie, it would have
to bury a fiber optic cable line from Lander to Fort Washakie at an estimated
installation cost of $1 million. Another option would be to build a microwave
tower site that would extend digital radio relay to the Fort Washakie area.
The cost of this is estimated to be $500,000. As a result, U.S. West has left
provision of high speed data line service within the exterior boundaries ofthe
Reservation in a state of limbo.

The U.S. West Lander Exchange office indicated that U.S. West has only
one engineer who is responsible for serving the Riverton, Lander, Cody,
Powell and Yellowstone exchange areas. (See Exhibit D) itis net surprising,
then, that the vast majority of tribal members living on the Reservation (and
outside of these non- Indian population centers which spread over nearly 1/4
of the geographic area of the State of Wyoming) receive litle or no
response from U.S. West when reporting poor quality or system breakdowns
even though they pay the maximum state monthly rate for local service.

2 Costs

comm
Costs for initiating service vary on the basis of whether the hook-up entails
simply computer switch activation or else physical construction of a cable
extension to a site never before served by a telecommunication provider.

a. Switch Activation/Connect fees
(1) OTE charges its customers a one-time fee of $33.30 to
establish a new connection through its switchboard to

a site which has previously received telecommunication

services.

(2) RTC charges its customers a one-time fee of $52.00 to
establish a new connection through its switchboard to
asite which has previously received telecommunication
services.

(3) U.S. West charges its residential customers a one-time
fee of $$36.25 and its business customers a fee of
$66.00 to establish a new connection through its
‘switchboard to a site which has previously received
telecommunication services.


68

costs include transportation, dialysis treatment (usually paid by Medicare and/or IH S.-Contract Health
Services), and specialized services. Transportation is usually paid by the Tribal Health Transportation
Program, using a leased vehicle and paid driver.

Revestablish Dialysis Facility An on-Reservation facility can be established for dialysis services. The
renovated facility would provide services to up to 24 patients. Renovation costs would include: storage
‘unit for medical supplies, water storage ut, and expansion of dialysis unites from it prior size of sx
daaysis stations which can handle 12 patients per day. The renovation cost is $500,000. The mibe would
staff the facility by agreement with qualified professionals

“The annual staffing costs would be

~2 fill ime registered nurses and 4 technicians $352,000
Operations & maintenance - 80,000
Total: $932,000

2, Disease Prevention Program and Facllty ($5 million for facilities)
Primary prevention is the most effective investment to curtail and control many of our diseases -- diabetes,
hypertension, alcoholism, drug use, ete... It pays great financial dividends inthe form of avoided long-
term treatment costs

‘A major prevention effort must take place to change the health and behavior of future generations. We
lack basic recreation and fitness facilities to help achieve this

None of our Reservation communities have parks, walking or running tracks, swimming pools,
basketball courts, A non Indian town (Colstrip), 21 mites othe north of Lame Deer isthe closest place
with sueb fitness facilites.

‘A suitable mult-fimess facility must inelude programs for strength training and weight reduction and
maintenance.

This requires an exercise and weight room, a gym for aerobics and the like, and a walking and running

all for winter months,

‘The cost of such a facility be

Construction $3,000,000
Purchase of land 2,000,000
Equipment (swimming pool, gym, therapy room) 2,000,000

Total cast: 56,000,000


152

‘Neng Nation Lagat Pier the 107 Cong

in 1993 prior to its removal from the Budget Reconciliation Act during the
House/Senate conference); and

(2) enhanced tax-exempt bond authority to provide wibal leaders a critical tool

for attracting the necessary capital to facilitate investments in Indian
Country.

These powerful cools can provide 4 significant boost to our efforts to bring
investment, jobs and capital to the Navajo Nation. For example, in the Navajo Nation's
‘New Lands community in Arizona, we are working to develop the Road King Travel
Center on Interstate 40 to include such facilities as a gas station, restaurant and rest area,
‘The IRITC would assist private sector investors in recouping their initial investment in a
manner that would significantly enhance the opportunities for further investment to
expand availability of tourist services at facilities such as Road King. Accompanying
such development will be new investments in electricity and water infrastructure.

Likewise, the Navajo Nation is presently considering legislation, entitled the
“Navajo Nation Bond Financing Act,” which would help raise financing for capital
improvement projects and other infrastructure investments. Enhanced authority for

‘tibal governments to utilize tax-exempt bonds as a financing mechanism will be critical
to that success.

Presently, adoption of an IRITC is provided under S. 558, the Indian Reservation
Economic Investment Act of 2001, introduced by Senator McCain and co-sponsored by
Chairman Inouye and Vice Chairman Campbell, among others, and the House
companion bill, H.R. 177, introduced by Representative John Shadegg (R-AZ). In
addition, Representative Shadegg has introduced H.R. 178, the Tribal Government Tax-
Exempt Bond Authority Amendment of 2001. Senator McCain has introduced similar
legislation in the Senate, $. 660, the Tribal Government Tax-Exempt Bond Authority
Amendments Act of 2001.



19

VII.OFF-RESERVATION FOSSIL FUEL AND COAL BED METHANE
DEVELOPMENT.

The Secretary of the Interior is fashioning plans
for a dramatic escalation of fossil fuel development
which would encircle our Reservation. Plans for major
coalbed methane (CBM) development (10,000 new wells)
are being laid in areas adjoining all four sides of our
Reservation. Simultaneously, the Secretary is moving
toward conveying 553 million tons of federal coal
(checkerboarded with substantial additional amounts of
state and private coal) to the State of Montana, to
facilitate massive industrial development (coal mines,
power plants, and a railroad) in the precious and
culturally significant Otter Creek area which adjoins
the eastern boundary of our Reservation. These
development initiatives, if not properly evaluated and
fashioned in advance by the Secretary, will severely
damage the physical, human and cultural resources of
the Northern Cheyenne. We have been endeavoring to
carefully and responsibly bring these concerns to the
attention of the Secretary (our trustee), but have
received no significant response.

1. Our Unique Vulnerabilities. Our 450,000 acre
Reservation lies at the heart of Montana’s coal and CBM
country. Among all communities in the region, our’s is
the most vulnerable to the downside of coal-related
development and the least privy to its financial
benefits. For decades we have experienced major
negative impacts, and scant benefits, from coal mining
and power plant projects to the north and south of us.

a. Socio-economic Conditions. Socio-
economic conditions on our Reservation are much worse
than those in off-Reservation communities:


15

lude to my colleague’s comments for the Wind River Reservation—
Al Addison’s comments this morning on that.

Education—we need to stress education as a tool to assist our
tribe to become more self-sufficient. We all realize that this starts
at an early age. I want to provide a little briefing on the Headstart
and Early Headstart programs in Indian country. We need to keep
the Headstart programs within the Department of Health and
Human Services, as opposed to moving it to the Department of
Education as the president has outlined in his plan for this pro-
gram. Another concern of ours is the “English only” movement, re-
alizing that in Early Headstart and Headstart programs, language
is a strong component. Our tribal language is a strong component
of those programs and a lot of our young people learn their first
words, whether it’s English, Shoshone, Cheyenne, Cree, in those
programs. We also want to continue your support of institutes of

igher learning within the tribal system—the tribal colleges.

Sty next issue_is taxation. The Eastern Shoshone Tribe urges
amendments to Federal laws to provide tax relief to existing and
potential taxpayers so that the benefits of increasing the economic
base of the Wind River Reservation can be maximized. The tribe
requests passage of H.R. 224, which extends Indian employment,
credit and. depreciation rules for property used predominantly with-
in the Indian reservation. We also seek amendments to Federal
laws to treat our tribe as favorably as State governments for tax-
ation purposes by expanding our authority to issue tax-exempt
bonds for development purposes and to issue such bonds for private
activity purposes. The tribe also desires amendments to the pay-
ment in lieu of taxes—the PILT program—which will allow tribes
to receive the same benefits as state and local governments which
have non-taxable Federal lands within their jurisdiction. Finally,
Congress should prohibit taxation of reservation resources by
states, or in the alternative, require that 100 percent of such col-
lected taxes be returned to the tribal government to provide serv-
ices on the reservation.

The ability of any government to provide basic services to its
residents is dependent on a viable tax base. The viability of res-
ervation tax bases has been undercut by legislation and court deci-
sions throughout the years. The United : States cannot in good con-
science tell the tribes it is their responsibility to create a vibrant
economy, but eliminate or fail to provide the necessary tools. I
agree that we have a responsibility for creating viable communities
on our reservations. To that end, we are upgrading and adding new
business-related laws to provide certainty and predictability to en-
tities doing business on our reservations.

In addition, we have establish an economic development corpora-
tion to spearhead and facilitate increased business activity on the
reservation. However, we need the additional tools described above
to achieve our goal of full employment and quality jobs.

Next I'd like to touch on the drought we are having and experi-
encing throughout the Western United States. We are in the sec-
ond year of a major drought on the Wind River Reservation.
Throughout the reservation, we are looking water supplies from 17
to 41 percent of normal. This low water supply follows on last
year’s, which was only marginally better. Many of our reservoirs


128

states. Handbook of Federal Indian Law, Felix S. Cohen, p. 91
(1986, Five Rings Corp.)

Thus, to the extent that Congress has authorized the FCC to regulate
telecommunications in the realm of interstate commerce, and especially to
the extent that telecommunication services to and from the Reservation
are considered interstate transactions, the FCC has implied administrative
authority to regulate (ibid., at 100) telecommunication services to, from,
and within the exterior boundaries of the Reservation.

2. Federal Trust Responsibility

The principle of “trust responsibility” owed by the United States to Indian
people imposes an affirmative duty upon the federal government to
advance the interest of Indian people including, according to a 1977
Senate commission, an obligation to “raise the standard of living and
social well-being of the Indian people to a level comparable to the non-
Indian society.” American Indian Policy Review Commission, Final
Report. p. 130 (Washington, OC: Gov. Printing Off.. 1977). See also,

Stephen L. Pevar, pp. 26-37 (So. ll. U.
Press, ony Amengan indian Law, William C. Canby, Jr., pp. 38-45
(West Group, 1998); and Handbook of Federal indian Law, supra, pp.
237-253

Itis difficult to imagine, given the dependence of modem American
society upon advanced systems of telecommunication, how the federal
government could meet its trust responsibility to the Tribe in this regard
without assuming jurisdiction over regulation of the telecommunications
industry on the Reservation. The impacts of inadequate
telecommunication services upon Reservation tribal members and their
families include the social, financial, and political disadvantage of those
not served by an affordable telecommunications system when trying to
participate in modem health, judicial, and employment systems.

3. Inconsistent State Policy

Finally, the Tribe encourages the FCC to assume regulatory authority
regarding telecommunication services to, from, and within the exterior
boundaries of the Reservation due to State regulation proving so
disadvantageous to the Tribe in the past. That the Tribe has been unable
to improve its telecommunication services under State regulation stems,
in large part, from the fact that each change of state administration

16


Reservation Census .dap | yO |

w ce RES.
OP ECINGT ER.



4

The economy of the Reservation is dependent on public sector employment, Even
with public sector employment as of 1997 stood at 65%. The primary private
economic activity is livestock grazing. The Northern Cheyenne Tribe has worked
diligently to quantify their reserved water rights. In order to improve the economy
as a whole on the Reservation, the principal private economic activity, livestock
grazing, must be strengthened through the development of additional irrigation to
produce hay. The Tribe and its members have a tradition of irrigation but need the
resources to implement their water rights. Without development of the water right,
the Tribe has achieved only a paper water right. Development of the right is
crucial to the long-term self-sufficiency of the Tribe.

As of 1996, about 9,650 cattle were grazed on the Reservation, with a required hay
base for over- wintering the cattle of about 19,300 tons per year. The current
irrigated hay base equals about 739 acres, with an estimated production of about
2,650 tons per year. The balance of the required hay is harvested from dryland hay
meadows or is purchased. However, the dryland hay fluctuates from year to year,
depending on climatic conditions. In the last 19 years, the Tribe has requested
emergency assistance from the Federal government to purchases hay a total of ten
times. If an additional 5,000 acres of irrigated land was available, the total
available hay, based on average county production rates, would equal 20,550 tons
per year.

Previous studies have been conducted to determine the feasibility of developing
additional irrigated lands on the Reservation. The studies were based on a detailed
analysis of the soils, water supply, irrigation engineering and agricultural
economics. The results of these studies were used as a basis for defining the
feasibility level designs were indexed to 1999 level costs.

For the proposed study, a design project area of 5,000 acres will be identified from
the results of the feasibility studies. The Tongue River area will have 4,000 acres
of new irrigation and the Rosebud Creek drainage will have 1,000 acres of new
irrigation. Estimated costs of development, in 2002 dollars, are about $3,110
per acre for the Tongue River area and $4,124 per acre for the Rosebud
Creek drainage, for a project development total of about $17,000,000.

‘The irrigation project will be developed in phases. Phase I, for which funds are
hereby requested, is a combined planning and design phase. Phase I development


32

monies to provide for full staff will result along with operations and
maintenance.

iv. Increase in monies to the Arapaho tribe will address population growth. The

‘Arapaho Tribe has a total population of 7,003 as of July 2000. At present,
there are 20 applications for enrollment per month; thus far, all have been
approved. If this tend continues, there will be a substantial population
increase in the near future,

b. CONTRACT HEALTH:

i, The budget must adjust for medical inflation identified by the Bureau of
Labor Statistics, Consumer Price Index.

. Increased monies to address population growth.

. The Catastrophic Health Emergency Fund will be budgeted at a level that
equally covers all quali

iv. Research dollars should go directly to the tribes.
c. COMMUNITY HEALTH SERVICES:

i

i. Appropriate increases in monies to compensate for all government mandates.

i. Increase in monies to match population growth.

i. Full funding to meet full staffing of new or additional building at health
facilities.

iv, Increases to meet demands of Amendments to the Indian Health Care

Improvement Act.

4. BUDGETS AND LOAN:

i, Any reduction in IHS budget will not impact on the direct delivery programs.
i. To assure Indian representation in the health professions, the scholarship and
Joan repayment program will increase.

Any monies designated as budget saving will be put in Contract Support
coffers.

iv. Monies will be available for all necessary contract support costs associated

with 638 and self-governance tribes.


108

The addition of staff with expertise will expedite the processing of existing proposals as well as
assist the Tribe with long term planning for wise use of our mineral resources. The Tribe currently
does all physical inspections and monitoring of the oil and gas leases within the Wind River
Reservation, With increased funding, the Tribe can be effectively inspect and monitor all oil and
gas activity

XE. LANDS INTO TRUST

In an effort to reduce jurisdictional disputes, increase Tribal income, and provide more jobs
to Tribal members, the Tribe has purchased several tracts of lands over the years. We have been
aitempting for ten years to put those lands into trust. The current system is unworkable and
unmanageable. About the time we think we have all the necessary paperwork, the requirements
shift. And, we are tribe with specific authority to acquire lands on our Reservation. Congress needs
to streamline this process. I recommend that the requirements for on-reservation acquisitions
parallel the standards for transfer of excess lands on reservations to tribes. .

Congressman Lloyd Meeds eloquently described the value of increasing ownership of lands
by within their Reservation when the Federal Property and Adminsitrative Services Act was
amended to provide for transfer of excess federal lands to tribes.

Often, Federal lands within {the tribes’) boundaries which are declared excess or
surplus would be a Godsend to them ~ either by providing a new source of income
‘or by providing land upon which to take advantage of many federal social programs.

The rationale again for this bill is I think in keeping with what we at the
Federal level and hopefully at the State levels and other areas of our society have
come to look at as a new thrust in Indian matters following very much the
admonition and [entreaty] of the President of the United States who in 1970 declared
the policy of this Government to be self-determination by Indians. We have gone
from assimilation to determination to self-determination, and I think this is certainly
in keeping with that to allow Indians to take this property so that they can use it for
tribal purposes.

‘There has been a great awakening in the Indian people in this Nation. Part
of that thrust is a desire to increase their economic base, to make their holdings more
desirable and more manageable, and 10 allow them the operation of lands lying
within the reservation held by them or by the Federal Government so that they can
tum it to tribal purposes. | think I know of no opposition to the bill, and } think it
would be one of the most important things we at the Federal level could do in
keeping with the total policy of self-determination.

“TESTIMONY OF IVAN D POSEY. CHAIRMAN, EASTERN SHOSHONE TRIBE
[ON THE GOALS AND PRIORITIES OF THE [07 SESSION OF THE CONGRESS Page 14


39

‘Good morning, Chairman Inouye, Vice Chairman Campbell and the other distinguished
Members of the Indian Affairs Committee. My name is Alvin Windy Boy, Sr., and I am the
Chairman of the Chippewa Cree Tribe of the Rocky Boy's Reservation in Montana. 1 also serve
as the Chairman of the Montana Wyoming Tribal Health Board. On behalf of my tribe and the
Montana and Wyoming Tribal Leaders Council, | thank you for this opportunity to present to you
‘our legislative priorities for the 107" Congress.

First of all, I would like to commend the Chairman and the Committee Members for
conducting these hearings around Indian country to get the perspectives of tribal governments on
the goals and priorities for this congressional session, I would like to begin by acknowledging all
the tribal leaders that have gone on who fought hard to protect and preserve tribal sovereignty,
self-determination and self-governance. The fight to protect tribal sovereignty and preservation of
the government-to-government trust relationship continues today more than ever. As the
Chairman of my tribe and a tribal leader representing a federally-recognized tribe, | thank the
Jeaders and members of this Committee for acknowledging, respecting and honoring our
‘government-to-government relationship in conducting these hearings and for your continuous
Commitment to the betterment of our lives as Indian tribes and Indian people

Protecting Tribal Sovereignty - We have a lot of work ahead of us in this 107"
Congress. 1 say this because of the constant erosion of tribal sovereignty we are experiencing. It
would be an understatement 10 say that the courts have not been very friendly to our effort at
protecting tribal sovereignty and the right to self-government. The U S. Supreme Court has -
particularly in the last two decades - consistently decided cases against Indian tribes which have
resulted in a significant erosion of our sovereignty and right to self-government. The various
decisions of this court have significantly eroded our civil regulatory jurisdiction over those who
live and do business within the exterior boundaries of our reservations, In particular, this Court
has made it very difficult to develop a tribal tax base involving non-Indians doing business on our
reservations. Mr. Chairman, this creates a huge void in the development of our governmental
capacity over our homelands. This is particularly true for the tribes of Montana and Wyoming
where, due to the relative remoteness and rural nature of our homelands, we have experienced
difficulty in attaining economic development. This has not stopped us from trying though, and
some tribes in our area have been taxing entities who do business on our reservations for years
However, the U.S Supreme Court recently told Indian country that we have no right to tax non-
Indians who live within reservation borders on fee land, No other government in the world is
expected to operate and provide basic service without revenue from taxes. Mr. Chairman, we
Tequest the Committee to assist us with legislation to provide us with the ability to create an
economic tax base within the exterior boundaries of our reservation. Tribal governmental
taxation authority should be allowed to pre-empt state taxation on the same product or service.
‘The Court's legal contortions and opinions - rulings that are totally at odds to the basic provisions
Of tribal treaties and other commitments made to the Indian tribes by the United States - have so
severely handcuffed our governments as to ensurCunderdevelopment and poverty for decades to
come. 1 recall when the Supreme Court issued its astonishingly short-sighted decision in the case
‘of Duro v. Reina, that this Committee took the lead in the enactment of legislation that effectively

2


164

[Nangs Nation Liaise Proves forte 107 Congas

G. HEALTH ISSUES

Six hospitals serve a population of nearly 250,000 on the Navajo Nation. Health
care services are delivered by the Indian Health Service (IHS) and the Navajo Nation
Division of Health (NNDOH). NNDOH provides service in areas of nutztion,
substance abuse prevention and treatment, environmental health and communicable
disease prevention, which are funded from federal, state and private sources. The Navajo
Nation is faced with a critical shortage of health facilities which is compounded by the
tong distances of poorly maintained roads between hospitals and clinics, Moreover,
critical care is non-existent in most locations and it is common for people to succumb to
conditions that rarely become life-threatening in urban and non-Indian rural

communities. ‘Therefore, the Navajo Nation seeks support from this Committee in
addressing the following legislative priorities:

NAVAJO NATION HEALTH CARE MANAGEMENT SYSTEM

As the Committee is well aware, the Navajo Nation has been preparing co assume
responsibility for delivery of health care services on the Navajo Nation. In 1998, the
Navajo Nation completed its Phare I Report: Conceptual Design of « Tribally Managed Health
Care System. The Report assessed the feasibility, advantages and disadvantages of a
tsibally managed health cate system. In 1999, the Navajo Nation issued the Phase I
Report: Business Plan for the Navajo Nation Health Care System. A panel of health care experts
affirmed that the Navajo Nation has “an unprecedented opportunity to actually exercise
its right 10 control and manage its own health care system.”

In January 2000, the Navajo Nation chose to exercise its rights under PL. 93-638,
the Indian Self-Determination and Educational Assistance Act as amended, began the
proposed Navajo Nation Health Care System by developing an ISDA contract
application for the assumption of the Navajo Area IHS. In January 2001, the Navajo
Nation Council adopted a resolution approving the submission of that application; a final
contract agreement is expected to go before the Navajo Nation Council in early October
2001, with the Navajo Nation Health Care System expected to assure the ISDA contract



64

disposal, This process will reduce the handling time of the solid wastes produced
and the chances that these wastes will wind up in places other than the landfill.

The proposed modernized solid waste canister transfer station would be manned
seven days a week and operate at least eight hours a day. The facility would be
looked up at night for security purposes and security services would be provided by
the Tribe to protect the facility from vandalism. Facility operators would observe
dumping activities to ensure that no improper mixing of solid wastes by humans,
animals and natural elements. The total cost of the proposed project is
$750,000.00 and will create at a minimum 5 new employment opportunities
for its oper:



148

Nano Nation Lagoa Pirie fr the 107" Congres

the concepts embodied in S. 502, the Indian Needs Assessment and Program Evaluation
Act of 2001, are attractive to the Navajo Nanon in several respects. First, the
requirement that federal agencies periodically assess needs 1s necessary to determine what
level of funding is required to addtess the issues. Second, in addition to the needs
assessment, Section 3(b)(1)(B) also requires the agencies 10 simultaneously assess the

procedures by which funding is awarded and the policy behind the funding instative.

“The Navajo Nation requests this Commitcee to support our recommendation and
to seek and support legislative measures, such as S. 502, that encourage all federal
agencies co include cribal governments in all federal budget development exercises and
encourage federal agency heads to comply with said recommendation, The Navajo
Nation appzeciates that this Committee is seeking input from Indian Nations on budget
policy and appropriations relative to Indian programs and we urge the participation of all

federal agencies in the development of a comprehensive federal Indian budget
development process.

Il. ENTITLEMENT AND TRANSFER OF INDIAN HEALTH SERVICE
FUNDING

‘The federal government has a trust responsibility to provide basic health care for
all Indian people through the Indian Health Service (IHS). ‘The National Tribal Self-
Governance Council (NTSGO) in its report published in January 2001, supported the
transfer of [HS Appropriations from the Department of the Interior to the Department
of Labor, Health and Human Services ond Education Appropriation Budget. These
efforts are especially critical as the NTSGC report also states that most other federally-
supported health services within the jurisdiction of the Labor, HHS, Education
Appropriations Subcommittee in the House and Senate continue to receive
appropriations increases that match or exceed health inflation rates; whereas, the DO
Appropriations Subcommittees allocations, scaled as they are to natural resources

program inflation rates, have fallen far below the health inflation indexes.



35

i. The Arapaho Tribe has a high number of veterans. Many of these veterans
‘qualify for services through VA clinics and hospitals. A veteran’ office on

the Reservation could coordinate these services for our veterans.

ELDER HEALTH AND LONG TERM CARE:

In 1972, the life expectancy for American Indians was 60 years of age. By 1990, life expectancy
for Indians has increased to 73 years of age and by the year 2000 is expected to be just 3.4 years
Tess than the general population of the U.S. Indian people are living longer; however, Indian
elders comprise a major risk group for poor health, chronic disease, limited income, high medical
‘expenditures, institutionalization and an increasing need for long term care. There is a need for
improved and quality health care for the elderly on the Wind River reservation.
SUGGESTIONS:

1, Initiate demonstration project in which THS and the Arapaho tribe will share the
responsibility of the delivery of long-term care in a govemment-to-government
partnership basis.

2. IHS must work closely with other DHHS and Federal agencies to focus funding and
program development on Indian elder needs. The Arapaho tribe must receive direct

funding. .
3. THS must improve access to IHS services and medical coverage by developing:
a. geriatric training for community health and clinical staff and fund home health
positions.
b. increased funding and give high priority to requests for more dentists,
optometrists, and podiatrists and other specialized disciplines.
¢. expanded preventive services to elderly and include well-elder clinics in
community education programs.
inical and community health outreach services to tribal operated Jong term care

facilities.
4, Medicare and Medicaid Certification. The Arapaho tribe should be allowed flexibility
in design and operation of home and community based long term care to meet the needs


67

Il HEALTHCARE NEEDS

1. Diabetes Treatment and Prevention Facility and Services
($500,000 for renovated facility, $532,000 for operations)

‘On the Reservation, health care forall Indians is provided by the Indian Health Service, The “user”
population is listed as 7,365, approximately 52% adolescents and children, with fewer than 150 elders.
Diabetes is devastating on the Reservation. Resources are limited but special funding for diabetes received
in 1997 has given us the ability to screen those at risk and do minimal education. Primary prevention of
diabetes isthe goal, but there is no funding to carry it out

Children and adolescents from four schools on the reservation were screened for risk factors, Among
1,264 youth enrolled, 1,087 were screened (86%),

The risk factors are: overweight, obesity, acanthosis nigricans (AN), and family history

‘The results were: 38% overweight, 22% obese, and 30% acanthosis nigricans.

‘These numbers also show that incidence of the disease is rapidly increasing.

Costs associated with the disease are enormous, for short-term treatment (pharmaceuticals), long term
‘treatment - surgery, dialysis, rehabilitation, transportation, all with devastating effects on the patients
quality of life.

'558 people are diagnosed with diabetes with 443 residing in this community. 301 utilize the clinic to get
Available data indicates 31 people are inthe chronic kidney failure and will most likely require dialysis
treatment. Currently we have 11 patients receiving dialysis treatment,

‘The future looks bleak for dialysis treatment for atleast 69 of the patients currently utilizing the Northern
‘Cheyenne Community Health Center

‘Other costs associated with diabetes complications include loss of sight, diabetic neuropathy, cormonary
antery disease, and impaired circulation

Many patients are in need of tertiary care and emphasis to be given on the secondary and tertiary
prevention. Curtailing the complications ofthe disease such as renal failure, amputations, etc. has very
fire effect, as resources are few

‘The reservation previously had a dialysis satellite service arrangement with the local hospital in Billings,
Due to shortage of nursing staff atthe satellite, the facility was closed down,

Dialysis treatment is available for our patients 58 miles away at Crow Agency, Montana at 2 satellite
dialysis unit operated by a local hospital and atthe main Dialysis Center located 110 miles away in
Billings. Treatments are needed three times per week. The initial treatment must be given in Billings. ‘The


104

Hearings on H.R. 8958 To Amend the Federal Property and Administrative Services Act of 1949 To
Provide For The Disposal Of Certain Excess And Surplus Federal Property To The Secretary OfThe
Interior For The Benefit Of Any Group, Band. or Tribe Of Indians Before the Subcommittee On
Government Operations. 931d Cong.,2d Sess. 4, 7 (1974) (statement of Congressman Lloyd Meeds).
Congressman Meed’s view apply to acquisitions by tribes today. Congressman Meeds advocated
strong presumption in favor of adding to the Tribal fand base.

Simply. lands acquired within original Treaty boundaries, including areas opened to non-
Indian settlement within those boundaries, should be taken into trust automatically provided the
United States would assume no environmental problems. Tribes are not given a voice when lands
are purchased and taken out of trust, There is no reason to provide states or focal government's a
say when such lands go into trust, As mentioned previously. the states tend to only provide minimal
services to reservations lands,

XII. COUNCIL OF LARGE LAND-BASED TRIBES

The Eastern Shoshone Tribes is one of the charter members of the Council of Large Land
based Tribes. The Council was formed because of the recognition of member tribes that the unique
issues affecting tribes with large land bases, and in many cases large populations, were not being
adequately addressed by either Congress or the Administration. For example, the Department of
Interior held a select meeting to discuss the proposed leasing regulations, an issue which affects large
land-based tribes the most. No large land-based tribes were invited or represented inthe discussions.
Likewise. funding formulas which focus primarily on population can disadvantage large land-based
tribes. It takes more manpower and equipment to provide law enforcement over 3500 square miles
versus 50 acres.

The Council has taken steps to make sure the that positions taken by the Council in support
cof member tribes are those of the elected leadership of those tribes, not consultants, staff, or others.
This assures that as you and your staff deal with the Council yout are receiving information which
hhas been approved by the elected officials of the member tribes

‘The Committee's recent hearings to gather information on the goals and priorities of tribes
for the 107” Congress indicate an effort to seek information from a broad range of tribes. As the
Committee knows, tribes come in all shapes and sizes. As you consider the whole range of issues
affecting American Indians, please be sure that the actions taken or legislation passed is fair to all
tribes, including the large land-based tribes.

‘TESTIMONY OF IVAN D POSEY. CHAIRMAN, EASTERN SHOSHONE TRIBE
(ON THE GOALS AND PRIORITIES OF THE 107 SESSION OF THE CONGRESS Page 15


167

_Nanajo Nation Lailatve Prot for the 107° Congress

addressed. ‘The Navajo Nation strongly supports S. 214 and urges its passage during the
107 Congress.

EDUCATION

‘One of the most important obligations of the federal government under the
Navajo Nation Treaty of 1868 is to provide education to the Navajo people. The Navajo
Nation's attitude toward formal education has changed in the last half of the 20th
century. ‘The Navajo people now see education as the path to a brighter future rather
than a mechanism of Western culture separating Navajo children from their families,

language and culture. Providing quality education for Navajo students is a top priority of
the Navajo Nation.

Because of various contributing factors, students on the Navajo Nation are not
achieving academic levels consistent with national standards. While many reasons can be
cited as contributing factors, the Navajo Nation wishes to look ahead and focus its
attention on solutions. While funding levels for the full range of Navajo Nation
educational needs are often inadequate, the Navajo Nation is trying to maximize the
effectiveness of existing funding in a manner that will facilitate a quality education equal
of exceeding educational opportunities found elsewhere.

‘The Navajo Nation is at a critical juncture in the development of its educational

system. Increasingly, we ate faced with developing new strategies that are necessary to
address education standards on the Navajo Nation. Challenges to be met and conquered
include the growth of tribally-controlled contract and grant school systems within the
‘Navajo Nation, as well as new initiatives at the state level, including the establishment of
charter schools.

ELEMENTARY AND SECONDARY EDUCATION ACT

The Navajo Nation has supported the reauthorization of the Elementary and
Secondary Education Act of 1965 (ESEA) and has recommended to this Committee the
inclusion of provisions to increase accountability and strengthen the ability of the Navajo

a


126

6. Jurisdiction

COMMENTS:
The Wyoming Public Service Commission regulates all telecommunication
services within the State and asserts authority within the exterior
boundaries of the Reservation. Although the Tribe, through the Joint
Business Council (comprised of both the Eastern Shoshone and Northem
Arapaho Business Councils) has to date not attempted to regulate
telecommunication services within the Reservation, the Tribe would be
very interested in acquiring the training, expertise, and financial means to
do so. In the meanwhile, the Tribe encourages the FCC to assume
regulatory jurisdiction over telecommunication services within the
Reservation since the Tribe views any regulation within the exterior
boundaries of the Reservation by the State as an infringement upon tribal
sovereignty

Oo. #37 Intrastate vs. Interstate Calls

COMMENTS:
Presently, calls outside any one of the boundaries of the 5 local exchange areas
which cover the Reservation are treated as intrastate calls. The Tribe believes it
would be in their members’ best interest to, first of all, have one single local
telephone exchange serve the entire geographic area of the Reservation as well
as Nearby geographic areas (within 30 miles of the Reservation boundaries) and,
second of all, have all calls to or from that “Reservation exchange” to other
exchange areas treated as interstate (rather than intrastate) calls. Interstate
calls for residential customers are at least the same and oftentimes less
expensive than intrastate calls depending on the customer's choice of interstate
cartier and of the ‘plan’ selected with that interstate carrier. Also, the present
treatment of telephone calls to or from the § local exchange areas serving the
Reservation as intrastate calls conflicts with and undermines the efforts by the
Tribe in all ofits other dealings with the State of Wyoming when seeking
treatment by the State as a separate and sovereign nation.

E. #38-42 Tribal Regulation

COMMENTS:

‘There is no existing regulation of telecammunications on the Reservation by the
Tribe. itis not surprising, then, that there also is presently no promotion of
increased service to, nor competition among providers serving, Reservation
residents. The Tribe is very interested in working with the FCC to develop a

14


45

‘The FY 2001 budget process identified key areas, which were determined through tribal
consultation between IHS and tribal leader representation, in need of increased funding
These key areas are diabetes, cancer, heart and infectious disease, domestic community
violence prevention, emergency medical services and injury prevention, mental health,
alcohol/substance abuse prevention/treatment and dental health. The health disparities
within each of these areas are significant and given the alarming shortages of resources,
financial and otherwise, Tribes are challenged to find the balance between our tribal
community’s needs toward a healthy life and what resources are available to assist us.
towards a healthy life

‘What can the Senate Committee on Indian Affairs do? Tribes have an existing public
health infrastructure that needs increased funding, technical assistance, and collaborative
partners that respect the needs and wishes of the tribal communities. We are looking to
the vital collaboration of the Congress with Tribes and the IHS in addressing the health
disparity crisis, which includes diabetes, in Indian Country, thank you for this
‘opportunity to speak and I look forward to the partnership that will evolve from this
forum with the Congress, Tribes, and the IHS in working towards developing healthy
Tribal communities.

LNF, CSC, CHS, Diabetes

In FY 2001, Tribes participated in the varied consultation processes of each of these
funding allocations: LNF, CSC, CHS and Diabetes. Not all Tribes were satisfied with the
‘outcomes of these consultations or in the allocations/distributions. The major factor of
contention were the formulas derived for each respective funding allocation. With
critically needed healthcare funding as the goal, Tribes were pressed to insure that their
specific tribalregional needs were best illustrated within the formulas. The outcome was
some Tribes felt the formulas represented their needs but many felt otherwise
Recognizing the diversity of Tribes and the factors that would impact their healthcare
delivery, a standard funding formula is a serious strategic endeavor that necessitates
tribes to be informed and active stakeholders. The opportunity for this level of
interaction, education and development can be achieved through a responsible tribal
consultation process

Tribal consultation, defined through Government to Government Tribal Consultation
policies implemented by the past administration, the DHHS and the IHS, should be the
mode to gather baseline data, disseminate information and begin dialogue with elected
tribal leadership and Federal agencies toward any policy issue that affects Tribes. The
Executive Order on Government to Government Consultation insures the participation
and input of elected tribal leaders in all aspects of Indian Policy. It has further been
recognized that in order for elected tribal leadership to make informed decisions there
must be a dissemination of technical assistance to Tribes/elected tribal leadership to bring
them to a “level playing field” at the federal negotiating table. Tribal consultation forums
should be conducted throughout the policy development and implementation period to
insure that tribes are stakeholders and decision-makers.

Alvin Windy Boy Sr.

Health Disparites/Epidemiology Needs

Omer

4


87

Secretary meets their statutory and trust
responsibilities to the Tribe.

5. Possible Solutions. We are anxious to engage
in a dialogue with the Secretary and the Governor of
Montana to discuss and develop means which will resolve
our concerns. As noted above, with respect to CBM
development we continue to await a meaningful response
from BLM and BIA to the proposed MOU which would focus
special attention on the analysis of Tribal impacts and
mitigation in the CBM EIS now being prepared.
Similarly,_as to Otter Creek, we continue to await a
Secretarial response to our letters laying out our
concerns.

Earlier this year, we also wrote to and met with
Governor Martz of Montana about these issues. We have
proposed a dialogue with her to develop solutions.
Although the Governor seems interested, we have had no
word on when the dialogue will begin, and we are
uncertain about the positions she may take.

If the Secretary and the Governor are willing, we
believe reasonable solutions to our concerns can be
found. It is essential that those solutions be adopted
before transfer of any federal coal and any federal CBM
permits are issued. We also have some thoughts about
possible legislative solutions, which would assist us
and other similarly situated tribes. Our Tribal
Council has constituted a special committee to engage
in such dialogues with the Secretary, the Governor and
this Committee, and we are anxious to commence such
discussions.

6. Lessons from the 1982 Powder River Coal Sale.
The Northern Cheyenne do not want the current.
initiatives for regional energy development to be a re-


8

some money sitting there, that will give them an incentive to get
the water rights settlement done.

The CHAIRMAN. Senator Thomas.

Senator THomas. First of all, let me apologize to Mr. Addison.
We didn't have the change that made, so I welcome you here, cer-
tainly.

You mentioned a number of things relating to Indian health care.
What would be a couple of the priority items that are the most im-
portant to you?

Mr. Posey. Can you repeat that again please?

Senator THOMAS. What would be your priority among the num-
ber of listed items you gave on health care?

Mr. Posey. Of course, the priorities as far as health care is al-
ways in the area of diabetes. Right now, our people are hurting.
There’s a question of dialysis that’s needed; also, in the areas of
transplants. In the majority, there’s in transportation—a lot of
times in these areas, I know there is—I guess you could say many
sir are increasing in the area of diabetes, but as we look at it, that
all has to be divided up with all the other tribes. And still the need
is still great in those areas.

Our concern here is also with cancer. It is an everyday occur-
rence. More and more of our people are coming up with this dis-
ease. But also, you know, always in the area of alcohol and sub-
stance abuse, mental health, maybe somewhere along the line a
priority area there would be for adult and youth residential treat-
ment facility. But also, you know, there is always that need for
growing, which you know I think we all—all our tribes have that
large number of heart disease cases that afflict all our people, and
we are trying to ensure that that need is met.

But one of the other most important things, too, is in the poor
environmental living conditions that, you know, our people have to
face. Like I mentioned before, there is just not enough housing to
provide for the need of all our people.

Senator THOMAS. It is important that we establish some prior-
ities. You have a long list of concerns all of which I’m sure are ap-
propriate. But somehow, in this business you have to kind of figure
out where your priorities are.

You talked about alcohol recovery. What happened to the pro-
gram out at the old Wind River School?

Mr. Posey. Well, I think discussions there are still happening
about what to do with that facility. I know we had to move the pro-
grams elsewhere because of the building situation itself. The struc-
ture of the building was in poor condition.

Senator THOMAS. You mentioned, and certainly one of the poten-
tials is the oil and gas. I am told that one of the problems is that
all the difficulties in exploration and contracting and so on, you
have to go through BIA, you have to go through BLM, and it makes
it even more difficult on the reservation than it is in Wyoming on
Federal lands. Is that your opinion?

Mr. Posey. Yes; there is an ever-growing—I guess what we need
as far as the Arapaho Tribe and looking when we do discuss these
items as a joint issue, we all have to make sure that we maintain
that type of working relationship. But we also need to go after


GOALS AND PRIORITIES OF THE MEMBER
TRIBES OF THE MONTANA WYOMING TRIB-
AL LEADERS COUNCIL

THURSDAY, JULY 12, 2001

U.S. SENATE,
COMMITTEE ON INDIAN AFFAIRS,
Washington, DC.
The committee met, pursuant to notice, at 10:07 a.m. in room
485, Senate Russell Building, Hon. Daniel K. Inouye (chairman of
the committee) presiding.
Present: Senators Inouye, Campbell, and Thomas.

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

The CHAIRMAN. The committee meets this morning to receive tes-
timony from the member tribes of the Montana-Wyoming Tribal
Leaders Council on their goals and priorities for the session of Con-
gress. This hearing is the sixth in a series of hearings to gather in-
formation from tribal governments across the country. The commit-
tee has also participated in two tribal leaders’ forums in the Pacific
Northwest and in southern California for the same purpose.

Testimony received from the witnesses today will not only be
published in the record of the hearing today, but a compendium of
the goals and priorities identified by the tribal governments will be
published upon conclusion of these hearings.

The goals and objectives that Indian country has identified as
priorities will guide the continuing development and refinement of
the committee’s legislative agenda for the 107th session of the Con-

gress.

So on behalf of the members of the Senate Committee on Indian
Affairs, I welcome all of the witnesses here this morning and we
look forward to receiving your testimony.

If I may, I would like to call upon my distinguished colleague,
Senator Thomas.

STATEMENT OF HON. CRAIG THOMAS, U.S. SENATOR FROM
WYOMING

Senator THomas. Thank you, Mr. Chairman. Let me thank you
for having this series of hearings. I think it illustrates the fact that
the priorities of all the tribes in our country are not the same. The
needs and concerns vary throughout Indian country and | appre-

qa


150

[Nawal Nation Lopate Pit for tbe 107* Congres

Unlike other budgets providing for health care, the THS budget is contained
within the DOI Appropriations bill and not the Labor, HHS, and Education
Appropriations bill. This places IHS funding of critical health care services to Indian
people in direct competition with non-human programs in unrelated agencies such as the
Fish and Wildlife Service, the National Parks Service, the Forest Service, and the BIA.

Given the information provided by the NISGC report, the Navajo Nation is
keenly aware of the apparent discrepancy in allocation of dollars with respect to health

inflation rates to provide for federal Indian health care services through the Department
of the Interior Budget.

Ill. FUNDAMENTAL ISSUES PROTECTING TRIBAL
SELF-DETERMINATION AND ADDRESSING THE NEEDS OF

NAVAJO PEOPLE

‘The Navajo Nation appreciates the continued support of this Committee in
addressing the needs of Indian Country. On February 26 through March 2, 2001, the
Navajo Nation hosted its Impact Week in Washington, DC. Representatives of the
Navajo Nation met with Congressional members to advocate on issues that are the most
fundamental for the purposes of protecting tribal self-derermination and addressing the
needs of the Navajo people. The Navajo Nation reiterates its requests with this
Committee in addressing the following issues essential to fulfilling the federal trust
responsibility to Indian Country and necessary to enhancing Navajo self-sufficiency.

A. ECONOMIC DEVELOPMENT TAX INITIATIVES

While much of America enjoyed a booming economy and unprecedented
economic growth and financial strength during the late 1990's, the Navajo people were
largely unable to share in that prosperity. In 1997, 56% of Navajos lived below the
poverty level, and per capita income was at $5,599.

The Navajo Nation has worked extraordinarily hard to attract new investment,
businesses and jobs to the reservation. The Nation has at last succeeded in streamlining
the federal government's involvement in the Navajo Nation's business site leasing



42

‘Special Supplement to Chippewa Cree Testimony

Health Disparities Using Diabetes as a Focus

As the Chairman of the Chippewa Cree Tribe of the Rocky Boy Indian Reservation, | am
encouraged by the invitation of the Senate Committee on Indian Affairs to provide
recommendations on American Indian/Alaska Native (AV/AN) needs and priorities
Addressing the health disparities of American Indians is an enormous task that will
necessitate the input and commitment of tribal communities and their partners in the
United States Congress for success.

Through public health ideals we know that the health status of a population is influenced
by many factors drawn from biology, behavior, the environment, and the use of health
services. Social and cultural factors also play a role in the disease patterns experienced
by AI/AN, as well as in the responses of these populations to disease and illness

Itis critical for Tribes to look at definitive factors such as poverty, poor housing,
unemployment and other socio-economic problems that may challenge and cause changes
to health status. We know that one of the most destructive effects of poverty is that it
debilitates some individual tribal members physically and psychologically to such a
degree that they are effectively shut out from participating in life. Poor health is the
result of poverty and not the cause

Health, nutrition and social services programs are essential components to the lifeblood
of tribal communities. Most importantly, these programs seek to advance the well being
of individual tribal members. By improving the health standards of tribal members, these
‘programs increase the individual tribal member's ability to participate in personal, tribal
community and global community progress and growth.

The Indian Health Service in partnership with Tribes have made some significant
achievements in improving the health status of AV/AN, yet mortality rates for American
Indians continue to surpass those of the general population. American Indians have a
249% greater chance of dying from diabetes and a 204% greater chance of dying from
accidents

Infectious diseases ase often what we associate with public health but we are now seeing
health status affected by behaviorally mediated risks such as tobacco use, diet, alcohol,
and injuries. As the Co-chair of the Tribal Leaders Diabetes Committee, I believe to
effectively address diabetes, we as Tribal communities must deal with the associated
behaviors of diet, exercise and ability to comply with taking medications which affect
whether we can successfully combat diabetes

Diabetes is on the rise not only in tribal communities but also in the nation as a whole.
Type Il diabetes is on the incline. Type Il diabetes is preventable. We are seeing not
“Alvin Windy Boy Sr.

Health Disparines/Epidemology Needs
oval
L


161

‘Neng Notion Laislatie Prine forthe 107" Congres

consultation meetings and it is undetermined whether these concerns are being shared
with the Secretary of Interior, Assistant Secretary of Interior, United States Attorney
General and the Office of the United States President.

Navajo law enforcement has yet to see any substantial funding support and
advocacy for the Indian Country Criminal Justice system/services that will improve the
quality of services comparable to criminal justice services provided outside Indian
Country. If the state and federal criminal justice system had to settle for the few dollars
and inadequate level of services given to Indian Country, it would be unacceptable and
Congress would be quick to address those needs. ‘The Navajo Nation expects Congress
to respond quickly to our needs and the people of the Navajo Nation will no longer
accept the inadequate funding for public safety services by Congress and the US.
Government Agencies. Congress as well as each of the U.S. Government agencies has a
responsibility to the Navajo Nation as well as all Indian Nations.

F, TRANSPORTATION

‘The Navajo Nation has a total of 9,682 miles of public roads, consisting of right-
of-way ownership, BIA roads, tribal roads, state roads, county roads, and federal agency
roads. With a land base the size of West Virginia, the need for reliable transportation
throughout the Navajo Nation is critical to the Nation’s ability to attract investment and
jobs in order to increase economic development.

‘The Navajo Nation Indian Reservation Road (IRR) program is funded and
administered by various government highway programs. BIA, state and county roads are
the main road systems serving the Navajo Nation. BIA roads consist of existing and
proposed public roads within the Navajo Nation that meet the IRR definition and for
which the BIA Navajo Regional Office has or plans to obtain a legal right-of-way. ‘The
‘Navajo BIA road system or Navajo routes include major roads, streets and other local
public roads linking to the state highway necwork, as well as providing access to Navajo
communities. The roads on the Navajo Nation need to be maintained. Funding for this



13

Vv. DEVELOPMENT (PHASE I) OF IRRIGATED LANDS
FUNDING REQUIREMENTS ($2 MILLION)

The Tribe has successfully quantified its reserved water rights with the State of
Montana, as confirmed in Public Law 102-374, Northern Cheyenne Indian
Reserved Water Rights Settlement Act (Settlement Act) of 1992. The Reservation
covers about 694 square miles and consists of rolling hills and buttes which are
forested, dissected by relatively narrow streams in the interior of the Reservation
and bounded on the east by Tongue River. Rosebud Creek and its tributaries drain
the interior of the Reservation. The principal land use is livestock grazing, with
small acreages of irrigated land.

In the Northem Cheyenne-Montana Compact, under Article 9, Paragraph F, the
parties agreed that "The Tribe and the United States agree to pursue through the
normal Bureau of Indian Affairs and Department of the Interior budget process
such additional sums as are necessary to implement the terms of this Compact, to
develop a Tribal water code, and to provide increased agricultural development on
the Reservation. The State agrees to support the efforts of the Tribe and the United
States in the regard." This funding request document is being prepared by the
Northern Cheyenne Tribe pursuant to this paragraph.

The Settlement Act of 1992 provided for current and future water uses for the Tribe
for many purposes, including irrigated agriculture, from both groundwater and
surface water sources. A principal element of the Settlement Act was the
rehabilitation and enlargement of the Tongue River Dam, a State of Montana
owned facility off of the Reservation to the south. The increased yield as a result
of the enlargement of the reservoir is allocated to the Tribe. The Tribe also has
direct flow and contract rights from the Tongue River and the Reservoir,
respectively. Reserved water rights from Rosebud Creek and its tributaries, both
surface and groundwater, were also quantified. For agricultural purposes, the Tribe
has a right to divert a total of 40,000 ac-ft per year from the Tongue River
drainage, both direct flow and stored water, while 1,800 ac-ft per year is to come
out from Rosebud Creek, and a conditional right (subject to non-injury of
state-based rights) of 19,530 ac-ft per year from Rosebud Creek and its tributaries.


82

Impairment of water rights secured to us
in our water settlement with the United
States and the State.

Impairment of on-Reservation irrigation
projects, including those to be secured to
us as part of our water settlement.
Migration of CBM Water.

Migration onto the Reservation of CBM
water discharged from off-Reservation CBM
wells.

Resultant damage to Reservation
agricultural lands, fish and wildlife, and
their habitats.

Reservation Mineral Resources.

Siphoning of Reservation CBM reserves.
Siphoning of water from Reservation
coalbeds, which may damage our coal by
compression or other means.
On-Reservation coal seam fires.

Noise; CBM Venting.

Noise from compressor stations and
vehicles adversely affecting Reservation
residents, spiritual values and fish and
wildlife.

Hazardous CBM migration into Reservation


S. Hr. 107-138

GOALS AND PRIORITIES OF THE MEMBER TRIBES
OF THE MONTANA WYOMING TRIBAL LEADERS
COUNCIL

HEARING

BEFORE THE

COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE

ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION
oN

TO RECEIVE THE VIEWS OF THE MEMBER TRIBES OF THE MONTANA
WYOMING LEADERS COUNCIL REGARDING THEIR GOALS AND PRIOR-

ITIES
JULY 12, 2001
WASHINGTON, DC
U.S. GOVERNMENT PRINTING OFFICE
74-435 CC WASHINGTON : 2002

For sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800
Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001



108

ARAPAHOE
“PHARMACEUTICAL EXPENDITURES
(running total) (canning total)
FY 99 ¥ 99 FY 00 FY00 % CHANGE
MONTH
OCT  $30.72300 $3072300 $2600335 $26,00235—-15.36%|
NOV | $22,826.00  $53,54900 $36,845.53 $62,849.88 61.42%|
DEC ,077.00 | $85,626.00 $36,035.09 $98.88497 12 34%|
JAN.” $26,202.00 | $111,828.00 $37.981 86 $136,866.83 44 96%
FEB | $26,603.00 | $136.431,00 $22,396.70 $159.26353 _-15.81%
cE $169,552 12 a
$190,905.36
82. $215,206 71
JUN $37,620.56 | $252,827 27 a
JUL | $36,636 77 $289.454 04
AUG "$25,801.05 $315,265 09
SEP $28,185.06 $343,450 15 -
Oct-Feb | $138.431 00 $159,263 53, 15.05%|
TOTALS $343,450 15 $343,450.15 $159,263.53 $159,263.53
~ - (year to date)
“*NUMBER OF PRESCRIPTIONS”
(cunning totah (running total)
FY 99 FY 99 FY 00 FY00 — % CHANGE
MONTH
‘oct a7 3777 3513 3513, 6.99%
Nov 3437 7214 3763, 7276 9.49%]
DEC 4072 11286 4059 11335-03284
JAN 3783, 15069 4085 45420 7.98%
FEB 3705, 18774 3849 19268 3.89%
MAR 4419 23193
APR 3681 26874
MAY 3549 30423
JUN 4013 34436
JUL, 3678 38114
AUG 3531 41645
‘SEP 3496 45141
Oct-Feb 18776 19269 264%
TOTALS 4514 agian 19269 19269
{year to dates



131

Reservation. (See discussion of line costs in §B.2. and income of tribal
members in §A.4., above.) The Tribe believes the federal government, rather
than state government, is better able to regulate any requirements regarding
initial connection charges. Although the Tribe does not have sufficient
information or expertise to make suggestions as to what form any additional
price supports should take, it wishes to remind the FCC that any option which
depends on wireless service is prohibitively expensive under ail current phone
plans when it comes to the cost of calls beyond a resident's local exchange area.

M. — #99-100 Local Rates and Calling Areas

COMMENTS:
The Tribe believes its members would be well served if the local calling area
covered all areas on or near (within 30 miles) of the Reservation. This would
include the town of Thermopoiis just inside Hot Springs County and in close
proximity to the Arapaho Ranch area of the Reservation, as well as the most
populated areas of the Fremont County which surrounds the Reservation
including the town of Lander (the county seat for Fremont County, Wyoming) just
south of the Reservation boundary, the town of Shoshoni just east of the
Reservation boundary, and the town of Dubois just to the northwest of the

Reservation.

N. #101 Toll-limitation Options

COMMENTS:

FCC regulation of telecommunication services to, from, and within the exterior
boundaries of the Reservation wauld help ensure toll-imitation options are
available to help consumers avoid high telephone bills. The Tribe believes their
members could benefit from an advertising program designed in a way to reach
both existing and potential Reservation telephone customers and one which
would inform Reservation residents of the terms of those toll-limitation options in
simple and straight-forward language.

fo} #102-105 Advertising of Price Supports

COMMENTS:

To make sure that low-income consumers residing on the Reservation are aware
of price support programs, the FCC should require that the BIA insert simply-
stated flyers in each per capita check mailed to a tribal member, have these also
available at the U.S. Post Offices, other local congregation points about the
Reservation, and at the legal service office serving the Reservation, conduct

19


159

[Nege Nation Legislative Prints for tbe 107° Congress

Nation's land base and population as part of the formula, As a result, there are
inadequate jail facilities; a poor ratio of police officers to the service population; minimal
corrections officers, dilapidated jail facilites; out-dated equipment and technology, and

incomparable salaries for police officers, corrections officers, and criminal investigators.

‘The Navajo Nation strongly emphasizes that funds made available through
previous law enforcement initiatives have been minuscule and did not address the need
for new jails nor did it provide much needed reoccurring base funding for increased
manpower (police officers, corrections officers as well 2s prosecutors), Most
importantly, the funding does not take a comprehensive approach in addressing the
ctiminal justice needs of the Navajo Nation. Navajo Nation law enforcement services
needs continuous support, being the largest Native American law enforcement operation
and the largest rural law enforcement organization in the United States, and parity should
be implemented at the federal level when funding methodologies are developed. The
“Band-aid” or “one size fits all” approach in addressing Navajo Nation and Indian
Country law enforcement needs has out lived its justification.

Although recent federal law enforcement initiatives have supported distribution
of United States Department of Justice (USDOJ) grants, as well as to increase manpower
for Federal of Bureau of Investigations (FBI) and place sub-offices of United States
Attomey's Offices in a few states near Indian reservations, the Navajo Nation again has
not seen any improvement in law enforcement, corrections, prosecution, or court
services. Increasingly, the most common complaint by Navajo Nation citizens and
communities is the lack of prevention and prosecution of child sexual abuse and other
serious criminal violations.

INCREASED SERVICE POPULATION.

‘The 2000 Census results reduced the police officer-to-population ratio to an
alarming rate of .5 officers per 1000. In comparison to off the reservation, the officer to
population ration continues to be 3 officers per 1000. ‘The Navajo Nation's five adult
detention facilities with a combined bed space of 103 beds were built in 1959 when the

We




109

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SUGGESTIONS:

1. The legal status of the Northern Arapaho tribes is as an independent Federally recognized
government must be articulated in all Federal legislation and policy, Each time the
window of opportunity opens, the interests of the Arapaho tribe must be expressed,
especially at the Congressional level. Without the benefit of federal administrative
support structures or funding, tribal governments cannot be expected to bear the burden
‘of managing programs on behalf of the federal government.

2. All legislation and policy governing Federal human services programs should provide the
Arapaho tribal government the option of direct federal program funding,

3. The Arapaho tribe should be allowed to serve all tribal members and other eligible
persons in their service area regardless of State boundaries.

ASSESSMENT OF CONSULTATION:

For a long time the Northern Arapaho have repeatedly asked to be part of the decision
making process at levels of the Federal government that impact upon our tribe. The Northen
Arapaho tribe wants to participate in the formation of Federal policy, budget and implementation
decisions on a government to government basis.

‘There is a shared responsibility by the Federal government and the Arapaho tribe for the
health, welfare, education and economic development of our Arapaho people on the Wind River
Reservation. The Federal Government has developed a consultation process but clearly it is not
‘enough. The Arapaho tribe views this process as being input rather than decision-making
process. The Federal Government decides how much effect tribal input will have on the final
decision(s) of any Federal entity. The Arapaho tribal government needs to better understand and
be better informed how the Federal Government determines what funding formula is used when
dollars are disbursed.



89

vIIr. ECONOMIC DEVELOPMENT --
ALTERNATIVE ENERGY DEVELOPMENT
($500,000 FOR FEASIBILITY STUDIES)

The Tribe is deeply interested in investigating the
feasibility of developing alternative energy projects
which can meet current and future energy and fuel needs
of the Nation and the Tribe in culturally sensitive
ways which will not damage the surface and subsurface
of our Reservation. We attach hereto excerpts from our
(CEDS document) which discuss the potential for such
projects.

We are particularly interested in exploring the
feasibility of a biomass project, which would consume
forest waste products (including from our own sawmill
in Ashland and other mills in the region), and extended
agricultural crops using our ample and settled, but
unused, water rights.

We would also like to assess the feasibility of
alternative energy projects using wind, solar and hydro
resources, which would also be compatible with our
culture and values.

To assess the feasibility of these projects, we
must retain well-qualified professionals in relevant
disciplines. We estimate the cost will be
approximately $500,000 over a three-year period.

We envision subsequently approaching Congress for
assistance with the capital needs of those projects
found to be feasible.


84

h. Cultural Concerns.

Damage to sacred wildlife and plants found
on and near the Reservation.

Damage to sacred sites on and near the
Reservation.

Damage to water spirits in the Tongue
River and at Reservation springs.

3. Otter Creek Impacts. The federal legislation
directing the Utter Creek Coal transfer to the State of
Montana (section 503 of the 1998 Interior
Appropriations Act) was developed without even the
slightest consultation with the Northern Cheyenne
Tribe, and was fashioned without any consideration of
the damaging impacts that implementation of the
transfer would inflict on the Tribe. If matters remain
as they are, massive amounts of federal coal in areas
adjoining the eastern boundary of our Reservation will
unconditionally be, transferred at no cost to the State
to trigger massive development. Well before enactment
of the legislation, it was well known that the adverse
impacts of expanded coal development in the Tongue
River Valley would fall heaviest on our Reservation
community, and that our community would be uniquely
excluded from the benefits of such development.

Development of the Otter Creek tracts will generate
very large public revenues, in the form of royalties
and state and local taxes. Those revenues will enable
off-Reservation jurisdictions to cope with the impacts
of Otter Creek development. None of those revenues
will be available to the Northern Cheyenne to address
the existing deficits in Reservation public services


12

I'm just going to briefly go over the needs, the reservation public
facility needs. We need a public water system, a waste water pond,
a municipal station, a fire protection program. Also on health needs
and care, the diabetes treatment and prevention facility and serv-
ices, a disease prevention program and facility, mental health and
alcohol drug abuse, a Rosebud Lodge and emergency shelter for
children.

Number three are housing. We need more houses. Education—
development of irrigating lands funding requirements; a tribal judi-
cial branch and justice system. Our off-reservation fossil fuel and
coalbed methane development, economic development and alter-
native energy development.

I also briefly want to touch on our housing needs. The tribe has
over 700 families waiting for a home on the Northern Cheyenne
Reservation. At the rate the tribe is presently funded under the
NHSDA Act, it will take 35 years to provide these families a home.
The critical housing shortage is in addition to the shoddy construc-
tion of the older homes Built by the unscrupulous contractors.
There are hundreds of houses with foundation, roof and other basic
construction deficiencies which have shortened the life of these
homes, and they are grossly inadequate. The tribe requests an ad-
ditional $4 million in funding annually to meet the present housing
needs.

The judicial branch and judicial system of the Northern Chey-
enne Tribe at its present court facility is undersize and outdated.
Pro; s that are affiliated with the courts are forced to use these
facilities. This is inefficient for these programs and the people that
they serve. There is very little file space and no storage space in
the tribal court. The jail facilities on the reservation are grossly in-
adequate. The tribe cannot house juveniles in the facilities because
they cannot be properly separated. The jail suffers from overcrowd-
ing because it is not large enough to handle the in-take.

The BIA Detention Center that inspected the facility recently has
identified several areas of negligence, including inadequate space
and proper ventilation and sanitation hazards. The tribe proposes
a tribal justice center that will house law enforcement, detention
facilities and the tribal courts. Total cost of this project is esti-
mated at $8 million.

I also want to briefly touch on the proposed Otter Creek coal de-
velopment and coalbed methane development. At the present time,
the State of Montana is pressuring the Secretary of the Interior to
transfer Federal mineral rights of 553 million tons of Federal coal
to three tracts of land approximately 8,300 acres located across
from our reservation, the Otter Creek tracts. Otter Creek is located
near Ashton, MT and just across the Tongue River, less than three
miles from the tribe’s eastern reservation boundary. This Federal
coal transfer is the last step in the state’s plan to promote coal de-
velopment on the lands near our reservation. Our reservation is
very vulnerable to the down-side of coal-related development and
the least immediate financial benefits.

For the past 30 years, the Northern Cheyenne Tribe has been
forced to bear the burden of energy-related impacts without realiz-
ing its benefits. The transfer of the Otter Creek Federal mineral
rights deeply concerns the tribe, as it has never been consulted



54

impacts without realizing its benefits. The transfer of the Otter Creek federal
mineral rights deeply concems the Tribe as it was never consulted during the
negotiation process involving the Crown-Butte Mine buyout. There are many
legal problems the Tribe has identified with the proposed transfer.

It is difficult for the Tribe to understand how the State was compensated for
speculative benefits it allegedly lost as result of the cancellation of the Crow Butte
Mine permit. Because the Tribe was never involved in the process, the Tribe's
impact and mitigation concems have never been addressed. The Tribe hereby
requests the assistance of the Committee in impressing upon the Secretary of the
Interior the need to engage in a dialogue with the Tribe that will ensure the Tribe
will be treated equitably. The Tribe is interested in discussing with the Committee
some ideas for legislative solutions that will help the Northern Cheyenne Tribe and
other similarly situated Tribes.

The State is also aggressively pursuing coal bed methane development
around our Reservation. The Tribe is deeply concerned about the impacts to
groundwater and surface water located underneath and on the Reservation. The
Tribe is requesting $8.15 million over a five-year period to develop baseline data
and to analyze and monitor coal bed methane development impacts. The Tribe

made an identical request in testimony on March 10, 2001 before the


171

[Nang Nation Leidatve Pririts for the 107* Congress

Throughout Indian Country, facilities are falling apart. The public school
facilities in the Gallup-McKinley County School District and other school districts in
New Mexico serving Navajo students are feeling che brunt of this confiscated Impact
‘Aid funding. ‘The school districts are not able to keep up with proper maintenance, let
alone to replace or to renovate their educational facilities. Any funding allocated to
school facilities reduces funds chat would normally go toward book replacement,
essential supplies and education material development. Public schools within federal
lands cannot generate property caxes and have litte recourse but through the Impact Aid
program.

To add insult to injury, the confiscated funds leaves little to provide safe
‘transportation, increased teachers’ salary and teacher housing. The Gallup-McKinley
County school district already has a large teacher tumover and with the student drop out
rate at 35 to 45% per graduating class, the dollars Congress funds to Impact Aid is not
benefiting the children at all. ‘The Navajo Nation recommends that the Committee,
along with the Senate Committee on Health, Education, Labor and Pensions combine its
efforts to repeal 20 U.S.C. Section 7709. The Navajo Nation will help both Committees
in this proposed legislation to allow Impact Aid to accomplish its original purpose: to
fund public schools impacted by Indian students who live on federal land.

1. ENERGY

‘The Navajo Nation is endowed with numerous natural resources such as coal, oil,
natural gas, solar, wind and hydro-power that provide the Navajo Nation with
tremendous opportunity to pursue energy self-sufficiency and to participate in the
dynamic vertically integrated energy industry. The Navajo Nation envisions being
involved in solutions to current shortfalls in the supply and demand of energy
throughout the southwest United States. The Navajo Nation, as with most communities

across the United States, strives for a balanced approach to our energy needs and the
environment.



96

will be used for improvements to the physical. management, finance, and maintenance systems
serving those lands.

The BIA irrigation project on the Wind River Reservation is a serious state of disrepair. As
of 1994, over 60 % (1200 structures) needed repair or replacement, and 45% (190 miles) of canals
and laterals needed repair or reconstruction, Structure failures are routine, resulting in progressive
loss of control of Project water. Catastrophic failure of segments of the delivery system are
imminent, the Dinwoody Canal blowout is but one example, Problems include dilapidated physical
structures, inadequate storage, inefficient canals, improperly sized canals. inadequate maintenance
and equipment, failure to maintain systems historically, no reserves for required replacement of
structures. an inadequate financial management system, no voice for irrigators in the system
‘operations and maintenance (O&M). and a land leasing system which prevents productive use of the
lands. Resolving these problems will involve a combination of traditional engineering and creative
thinking. The needs and problems have been there for decades. The solution needs to involve both
physical improvements and changes in the way the federal government has been doing business with
respect to this project. The Wind River Reservation irrigation rehabilitation and betterment project
will develop real world solutions, factual data, and recommendations which will bring Indian
irrigation project up to the level of other federally sponsored irrigation projects and provide options
to make the project as self-sufficient as possible in the long run

The rehabilitation and betterment project will allow for full use of reserved water rights
within the BIA project and other Indian irrigated lands on the Reservation. The Tribe's Treaty-based
right to approximately 210,000 acre feet of historically used reserved water rights was affirmed by
the U.S. Supreme Court in 1990. Within the past year. thousand of additional acres owned by
successors 10 Indian allottees were awarded reserved water rights. The system in its present state
of repair, configuration, and storage capacities is unable to delivery this water in fulfillment of those
rights. The storage capacity in the Little Wind River portion of the irrigation system is barely
sufficient to meet the needs of the reserved rights of the Tribe for which they were part of the water
supply basis for the Tribe's award. Therefore, the rehabilitation and betterment project includes
funds to enlarge Ray Lake to meet the needs of water users within the Little Wind River drainage.
Importantly, if we can get the funds to enlarge Ray Lake now they can be combined with already
appropriated safety of dams funds to repair safety problems. This will create cost savings over doing
enlargement and safety repairs separately.

In addition to the BIA project, there are some individual irrigation ditches, including an area
of the Reservation known as the Arapaho Ranch, which are in need of rehabilitation and betterment.
‘These areas include lands owned by individual tribal members and the joint tribes. These iands also
deserve to have their lands served by decent irrigation systems.

‘The Shoshone Tribe has experience with irrigation rehabilitation. The Tribe has completed
studies of the Jong term needs of the project. With limited funding in the early 1990s, the Tribe was
able to fix some key structures. In addition, the Tribe tested ideas for construction techniques,

“TESTIMONY OF IVAN D_ POSEY, CHAIRMAN, EASTERN SHOSHONE TRIBE
(ON THE GOALS AND PRIORITIES OF THE 107" SESSION OF THE CONGRESS Page 7


170

_Nange Nation Legislative Prints forthe 107° Cone

been sufficient to cover the full amount, In the 1999-2000 school year, schools actually
received only 82% of the amount under the formula.

ACG funding has remained at $42.1 million for three years, with a $1 million
increase in FY2001. As more BIA schools convert to tribal operation, the annual
appropriations must be divided among an increasing number of schools, and the amount
of available funding is further diminished as inflation and the costs of operating schools
continue to increase, ‘The Navajo Nation recommends that the 107th Congress fully
fund ACGs at the levels mandated by the statutory formula.

IMPACTAID PROVISIONS AND REPEAL

‘The Navajo Nation requests that the Committee introduce legislation to repeal 20
US.C. §7709 the provisions of the Impact Aid law allows state education agencies to
reduce State financial assistance to a local education agency on the basis of receipt of
Impact Aid funds. Only the State of New Mexico still utilizes this section of the Impact
Aid law. However, this use of federal funds by the State of New Mexico results in the
loss of 99% of funds to the Gallup-McKinley County School District, which primarily
serves Navajo students who live on the Navajo Nation as well as other school districts in
New Mexico serving Navajo children.

Impact Aid was designed to provide funding to local schoo! districts to make up
for funding losses by the large number of children living on federal property (Indian
reservations) and who attend local public schools. But since current law allows States to
take away the funding from local school districts this law is faulty and goes against
Congress intent. The local school districts are still not adequately funded and the Indian
children must bear the burden of horrible inadequate educational programs and facilities.

‘The Navajo Nation has always supported Impact Aid funding and has asked
Congress to fully fund this program, But it makes no sense to advocate for increased
dollars originally meant to serve Impact Aid students if the State of New Mexico is going
to hijack these funds for other non-Impact Aid students.



15

includes final design and construction of irrigation systems for 250 acres in the
Tongue River area and for 200 acres in the Rosebud Creek, for a total development
cost of $1,650,000. In addition, $350,000 is requested for overall project planning
and scooping for the entire 5,000-acre irrigation development. The total funding
request through this document for Phase I is $2,000,000. The Northern Cheyenne
Tribe anticipates that funding for five additional phases will be requested, totaling
about $3,400,000 for each phase, in 2002 dollars.


36

of the elders and to improve their functioning within the community. Medicare and
Medicaid receipts will be used to maintain accreditation standards.

HOUSING & SOCIAL SERVICES:

ur living conditions continue to be poor. In addition to more housing we need to
improve our sewer and water treatment facilities. There is a great need for additional access
to low cost loans so that more of our people can obtain housing. Along with this goes the
need for improved social services. Better childcare and greater access to mental health are
two important needs,

TRIBAL COURT SYSTEM:

Our Tribal Courts are always an area of concern. We need more support for our Tribal
Court System, including assistance in training more lawyers and judges and educating our
people.

Our courts are also key to the issue of sovereignty. It is critica that our right to

sovereignty be maintained. We welcome the opportunity to enter into government to

government discussions on all these issues.

NATURAL RESOURCE AND ECONOMIC DEVELOPMENT:

‘This is an area of great concern to the Northern Arapaho Tribe. We feel that the
development of our natural resources and other economic development opportunities could
assist in our efforts to improve the quality of health care and improvement of living,
conditions, On the Wind River Reservation, we are blessed with oil, gas, coalbed methane,
gypsum, gravel and other natural resources. We need help in developing Tribal owned and
operated companies to develop our natural resources. We need to take control of the
development of our resources and not leave it in the hands of outside companies.

Economic development of other kinds is also of critical importance. Unemployment of
the reservation reaches 80-85% during the winter and is 60-65% in the summer. We are
actively pursuing economic development programs to bring new jobs and job training to our

Tribal members. We are working on identifying contract opportunities in the federal and


48

Tribal Administration try to address these needs on a daily basis. However, we our
overwhelmed and often feel like we are trying to put out a forest fire with a garden
hose. Because unemployment is high on the reservation and the Tribe has no tax
base, the Tribe is heavily dependent on federal money to address these needs.
Simply put, the Tribe does not receive sufficient funding to even to begin to
address its needs.
‘The remainder of this testimony focuses on Public Facilities Needs, Healthcare
Needs, Housing, Development of Irrigated Lands, Judicial Branch and Justice
System, Off-Reservation Fossil Fuel, Coal Bed Methane Development, and
Economic Development. | will summarily address some of these needs in my
testimony today. I have, however, attached to my testimony, more specific reports
submitted by Tribal Program Directors. Please take the time to read these reports
for a more detailed explanation in support of my testimony today.
Public Facilities Needs

‘A needs assessment has been completed by the Bureau of Reclamation for
preliminary planning for a Municipal, Rural, and Industrial Water System to serve
the Reservation. The assessment reveals that there is a dire need for an MR&I
System on the Reservation. This pre-feasibility study provides enough information

to determine the scope of a feasibility study. The Tribe requests $500,000.00 to


geo

=o

117

Exhibit 8 - Reservation Census Map,
Exhibit C - Local Exchange Areas on the Reservation,
Exhibit D - U.S. West Local Exchange Areas, Including
Reservation, Served by 1 U.S. West Engineer,
Exhibit E - Zones of U.S. West's Riverton Exchange Area, and
Exhibit F - Zones of U.S. West's Lander Exchange Area.

7. Description of Local Service Territories

The 5 local

‘lephone service territories which extend onto the Reservation

are owned by 3 different companies, 2 of which are non-competing:

a

‘The Dubois Telephone Exchange (DTE) is a small,
independently owned rural company without competition from
any other provider in the territory it serves. DTE serves
approximately 100 residential customers in areas within the
exterior boundaries of the Reservation known generally as
Burris and Crowheart (as weil as 2300 other customers outside
the Reservation in the community surrounding and within the
town of Dubois);

R. T. Communication (RTC) is considered a small,
independent rural company and, as such, is free from
competition within the territories it serves. RTC serves
approximately 300 residential customers in an area within the
exterior boundaries of the Reservation (as well as 3000 other
customers outside the Reservation in the communities
‘surrounding and within the towns of Shoshoni and Thermopolis
served by RTC's Shoshoni Exchange Area and RTC's
Thermopolis Exchange Area, respectively); and

As a result of Wyoming's 1995 Telecommunications Act, U.S.
West has. within the fast year or two, experienced competition
in its service territories around Wyoming. 2 of its territories
serve the majority of residents and geographic area of the
Reservation, aithough approximate numbers of total customers
served in each of U.S. West's 2 exchange areas serving the
Reservation are not availabie, according to U.S. West
regulators, because such information is proprietary given the
recent competition to which it is subject. Generally, U.S. West
serves —


53

detention facilities, and the Tribal Courts. Total cost for this project is estimated to
be $8,000,000.00.
Educational Needs

The Tribe encourages Congress to appropriate funding for Tribal Colleges at
the levels specified in the Tribal College Bill. The Tribe also requests funding to
build a multi-purpose facility for additional classrooms and offices, college level
scholarships, funding to build student dormitories, funding to purchase up-to-date
equipment, and funding to build an early childhood education center. The total
amounts requested to fund these projects is $9.65 million.

Proposed Otter Creek Coal Development & Coal Bed Methane Development.

At the present time, the State of Montana is pressuring the Secretary of the
Interior to transfer federal mineral rights (553 million tons of federal coal) to three
tracts of land, approximately 8,300 acres, located in Otter Creek. Otter Creek is
located near Ashland, Montana and just across the Tongue River - less than three
miles from the Tribe's eastern Reservation boundary. This federal coal transfer is
the last step in the State's plan to promote coal development on lands very near our
Reservation. Our Reservation is very vulnerable to the downside of coal-related
development and the least privy to its financial benefits. For the past thirty years,

the Northern Cheyenne Tribe has been forced to bear the burden of energy related


138

Zones of US West's Lander Exchange Area

comnmnrzcarrons
wee” TFACHAICE AREA
RELEASE: 2

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49

initiate the feasibility study. The feasibility report will show that the proposed
project is feasible and meets NEPA requirements. The study will be the primary
supporting document for subsequent funding requests to Congress to design and
construct an MR&I System.

The Tribe is requesting $5,100,000.00 in funding to upgrade the Lame Deer
Wastewater Pond and to build a Wastewater Treatment Facility. Without the
completion of this project, public health and environmental threats will continue to
grow as the permit limits are violated and the stream environment and downstream
beneficial users of the stream are effected. Furthermore, without improvements,
the Wastewater Pond will not accommodate any growth in community services or
in housing.

Solid Waste is also a major concer on our Reservation. The Tribe presently
has three open solid waste transfer stations located throughout the Reservation.
‘The current transfer stations are not controlled or maintained properly due to a lack
of funding. Dumping fees in the surrounding counties increase without
commensurate funding increases. Our present solid waste management system is
unmanageable. The Tribe proposes to build a modernized solid waste transfer
facility to address this matter. The total cost of the proposed project is

$750,000.00.


78

components as listed above, including a conference room for the Court, and will include
separate entries, a common lobby, reception areas, office areas, file management and
storage areas, supply areas, cleaning supply closets, meeting rooms, and public and
private restrooms.

The Victims Services module is a 1,100 square feet full-service center that will provide
space for the following areas: Healing Hearts Domestic Violence Program and the Office
for Victims of Crime. This space will include four office spaces, receptionist area, 2
file/storage rooms, and a conference room. The Victim Services Center will have a
separate entrance to ensure the privacy and rights of the clients and will be separate from
the court facility.

This plan does not include juvenile detention since a Youth Services Center will be under
construction as early as in the autumn of this year.


88

enactment of the failed 1982 Powder River Coal Sale.

In studying and fashioning that 1982 sale, the United
States did not identify, analyze and require mitigation
of Reservation impacts. Before the 1982 sale, we made
a major effort to bring these failures to the attention
of local, regional, national and industry officials, to
no avail.

Left with no other recourse, the Tribe brought suit
against the United States and thoroughly prevailed.

The court held the United States had committed a
massive breach of its trust responsibility to the
Tribe, and violated NEPA and other statutory and
regulatory requirements. Judgment was entered
canceling issued coal leases and holding the United
States liable for the Tribe’s very substantial
litigation costs and expenses.

We would hope that Federal and State officials will
not repeat the mistakes of the past. Specifically, to
meet its trust responsibilities to the Tribe, the
United States must assure that the impacts described
above will be carefully assessed and that appropriate
mitigation will be adopted in light of the uniquely
vulnerable and disadvantaged status of the Cheyenne
within the region.

Thank you for the opportunity to present the
concerns of the Northern Cheyenne Tribe.

reascimyfs tes: snc:0065:
Cah-Congressionaltastimeny


43

only an increase in diabetes within the age groups most commonly affected but in the
younger populations as well. AV/AN are known to be young, fast growing populations.
We are developing diabetes at a younger age, what strain will this add to our under-
funded healthcare system knowing we may be supporting, at great costs, an individual at
‘a younger age for a potentially longer time. What can a tribal community do to prevent
diabetes, educate our community on diabetes, and monitor our diabetic tribal members to
insure we are providing responsible and quality health care? Tribal leaders and tribal
communities have expressed the need to do more than focus on the clinical issues in
diabetes treatment. We have stated the need to focus, as tribal communities, on all areas
of diabetes prevention, especially in our young people. It will take the cooperative effort
of our families, tribal communities, the Indian Health Service and our partners in the
United States Congress to address diabetes in Indian Country

‘According to the Association for Schools of Public Health, Health Promotion and
Disease Prevention technologies have three essential functions. These functions used to
illustrate the diabetes crisis in Indian Country are.

1. Assessment and monitoring of the health of communities and populations at risk to
identify health problems;

What we know:

* In some AV/AN communities, 60 % of the adults have diagnosed diabetes

+ AVAN with diabetes have over 4 times greater mortality (deaths) from
diabetes compared with the general population.

* Research from IHS shows that tight blood sugar control prevents
complications of type Il diabetes

Issue: In collaboration with the THS, tribes are in the beginning stages of data
collection, management and analysis. Assessment means data. Monitoring is
dependent upon the analysis of data. Research is dependent upon data to ask the
questions needed. Tribes are at different levels of expertise in this process. The new
IHS Epi-Centers are in the lead in this effort but not all IHS Areas have an Epi-
Center. Data needed at the Operating Unit is focal data and may be specific to a tribe
Tribes have expressed the need for the control of their data and the interpretation of it
as well. In order for this to be realized, Tribes must have the financial resources to
build the increased internal capacity to collect, house and interpret their own data
Tribes also need to have access to a national data bank specific to AVAN health. The
lack of data prevents any alert to a potential health risk until the problem becomes a
crisis. Any preventative measures, which could save lives and costs, are limited by
this lack of data.

2. Formulation of public policies, in collaboration with community and government
leaders, designed to solve identified and national health problems and priorities,

‘What we know:

Alvin Windy Boy Sr
Health Disparities/Epidemiology Needs
o71vo1


129

reflects a new policy towards tribal sovereignty. With each change of
state administration comes a different attitude and degree of willingness
to recognize and respect the Tribe's sovereignty. The result is an
ineffective attempt by the Tribe to establish a working relationship with the
State. The Tribe believes, then, that more consistent and effective
progress could be made on the subject of improved telecommunication
services if it were dealing with the FCC, rather than with the State, since
the FCC, as part of the federal government, is resolved in its treatment of
the Tribe as a sovereign nation and its members as deserving of
affordable and adequate telecommunications services.

H.  #48-52 Separate Tribal Study Areas

COMMENTS:
The Tribe supports the FCC modifying its rules to permit treatment of tribal lands
as separate study areas for purposes of determining price supports.

1 #53-57 Current Level of State/Federal Subsidy

COMMENTS:

The State of Wyoming currently contributes its optional share towards price
supports, enabling the federal match in order that low-income consumers qualify
for the maximum subsidy of $7.00/mo. on their bills. The Tribe supports the FCC
Modifying its rules, however, to permit the FCC to contribute a state’s share, as
well as the federal match, for this purpose.

‘The Tribe would like to bring to the FCC's attention, in any event, the fact that:

1. In Wyoming, the legislature has charged the State's Department of
Family Services with responsibility for informing and enrolling
qualified low-income consumers in this $7.00 monthly subsidy
program. Because Tribal Social Services is treated differently and
separately from the otherwise integrated State Social Service
system, the Tribe does not believe that enough effort has been
made to enroll eligible low-income consumers who reside on the
Reservation nor that all eligible low-income consumers necessarily
come into contact with a social service agency, whether that be one
administered by the State or by the Tribe:

2 Once Reservation customers all receive federal and state universal

fund credits to bring their monthly local phone service fee down to
the maximum-state-allowed cap of $34.81, they are no longer

17


113

CC Docket No. 96-45; FCC 99-204

Comments of the EASTERN SHOSHONE TRIBE
on Proposed FCC Rules re:
Telecommunications in Unserved/Underserved Regions

The Eastern Shoshone Tribe ("the Tribe") of the Wind River Reservation in
Wyoming thanks the Federal Communication Commission for its interest in obtaining
comments on current levels of telecommunication use and service in tribal areas. Because
this Tribe has repeatedly experienced difficulties in the past when attempting to
communicate, problem-solve, or register complaints with U.S. West (the local carrier
serving the majority of households on this Reservation), the Tribe is very interested in
helping the FCC understand and address problems its members experience in both
underserved and unserved portions of the Reservation. Much of the information requested
in the FCC's notice is not readily available to the Tribe. As a result, the Tribe requests that
the FCC reopen the period during which the Tribe might submit to the FCC detailed
information concerning existing lack of telecommunication service on its Reservation,
Finally, the Tribe formally requests that the FCC engage a negotiated rule-making
process regarding telecommunications in unserved and underserved tribal areas
and that it be granted permission to participant in that process.

Following are the comments of the Eastern Shoshone Tribe concerning information
requested by the FCC to the extent it is currently available to the Tribe. The data
presented in these comments excludes data for all residences in areas known as the
town of Riverton and the Bureau of Reclamation area. Both of these areas are in fact
within the boundaries of the Wind River Indian Reservation ("the Reservation”) but were
not sampled in the referenced surveys used as a basis for the data contained in these
comments, The Tribe believes, however. that similar problems exist in these areas of the
Reservation.

A. §§11-12 Reservation Data

COMMENTS:
With the exception of population density, the source of the following information is

the 1998 Wind River Indian Needs Determination Survey (“the 1998 Survey’), the
second major census of the Wind River Indian Reservation (the first Survey having
been conducted ten years earlier in 1988). Both Surveys were conducted on behalf
of the Joint Business Council (JBC) of the Eastern Shoshone and Northern Arapaho
Tribes of the Wind River Indian Reservation (‘the Reservation’). An advisory
council of JBC members, Reservation and State of Wyorning employees, and two
University of Wyoming professors helped design and coordinate the Project.
Trained interviewers (residents of the Reservation) conducted face-to-face
internews with an adult member of each household, usually the person who


(3)

122

known as the Crowheart area. According to DTE
officials, its uniform monthly service rate is
$19.25/mo. When asked how it can provide local
monthly service to Reservation customers at
approximately % the cost of U.S, West, DTE officials
explained that through receipt of federal and state
waivers, its rates are still based on historical costs (an
investments- expenses-revenues formula + federally
and state-approved rates of return up to 11.25%)
rather than T.S. L.LRLC. study data (a “forward-
looking’, cost-of-system-replacement-with-new-
technology formula) as required under 1996 federal
and 1995 state laws which de-regulated
telecommunication services to the disadvantage of
rural residential customers

The R. T. Communications company (RTC)
purchased U.S. West lines in the Shoshoni area of
Fremont County. Although the Tribe has no data

from its 1998 Survey regarding the number and
ethnicity of Reservation customers served by RTC,
RTC officials report that it purchased those U.S. West
lines subject to U.S. West tariffs as of the date of
purchase in 1994, that RTC has filed for and received
permission from the Wyoming PSC since 1994 to
avoid making its customers subject to 1996 federal
and 1995 state laws de-regulating
telecommunications, and that RTC customers still pay
only the 1994 U.S. West local service rate of
$9.02/mo. in a central exchange area. a rate of
$11.52/mo, in zone/rack 1, a rate of $14.27/mo. in
zonel/rack 2. and a rate of $18.92/mo. in zone/rack 3.
The Tribe assumes that if any tribal members receive
their local telephone service from RTC, they are
paying the highest RTC local basic rate of $18.92/mo.
Even so, RTC. a small independent rural
telecommunications provider like DTE, is once again
providing basic local telephone service to its
customers at approximately 1% the rate charged the
vast majority of Reservation tribal members served by
U.S. West. This is true despite the fact that RTC’s
lines and equipment in its service area are identical to
those inhented from U.S. West at the time RTC
purchased its system from U.S. West in 1994.

10


127

plan and to implement a program which would both regulate and promote
competition among carriers of local telecommunication services to Reservation
residents and would appreciate any assistance and training the FCC could
provide the Tribe in this regard.

F. #43-46 Definition of “Tribal Lands”

COMMENTS:

The Tribe requests that the FCC. for purposes of its rule-making, define “tribal
lands” as “all land within the exterior boundaries of any Indian reservation under
the jurisdiction of the U.S. Government, notwithstanding the issuance of any
patent and including rights-of-way running through the reservation.” This
definition proffered by the Tribe is easier to interpret and therefore administer
than those being proposed (either “within the limits of any Indian reservation.
or else “Indian country’) and, thus, would help to avoid future disputes before the
FCC.

G. #47 FCC Trust Responsibility

COMMENTS:

Until such time as tribal telecommunications regulation exists on the
Reservation, the Tribe believes that the FCC is the appropriate agency to
regulate telecommmunication services on the Reservation. This belief is based
upon the express provisions of the Federal Constitution, upon the requirements
of the federal trust responsibility, and upon the State's historically proven failure
to consistently respect tribal jurisdiction within the exterior boundaries of the
Reservation based upon tribal sovereignty and its failure to ensure services are
provided within the exterior boundaries of the Reservation at levels available to
other state residents.

1. Constitutional Authority

‘The FCC. to the extent its regulation is authorized by Congress. is
expressly empowered by the Federal Constitution to address the needs of
Indian people. This authonty can be specifically traced, in the instance of
FCC regulation of telecommunications on Reservations, to the Commerce
Clause of the U.S. Constitution.

The Commerce Clause is the only grant of power in the Federal
Constitution which mentions Indians. The congressional power

over commerce with the Indian tribes plus the treaty-making power

is much broader than the power over commerce between

15


151

Nang Nation Lagat Pirie th 107 Congas

process. However, the massive infrastructure deficiencies within our borders — a relative
lack of paved roads, electricity, telecommunications facilities and homes with indoor
plumbing, for example continue to act as a disincentive to those who might otherwise
look to startup or to expand businesses on the Navajo Nation. While federal
appropriations remain a prerequisite to developing our infrastructure in a way that will
allow vs to compete on a level playing field, we must also look for new and innovative

ways to access private sector resources.

In 1993, with the leadership and strong support of Senators McCain, Inouye,
Domenici and other Members of this Committee, the first-ever “Indian Investment and
Employment Tax Incentives” was enacted in the Omnibus Budget Reconciliation Act of
1993, These federal tax incentives — accelerated depreciation for investment property on
Indian reservations and an Indian employment credit — were intended to provide
additional tools to help mitigate the effects of infrastructure deficiencies that serve to
increase the non-labor costs of locating businesses in Indian Country.

‘The primary weakness of these reservation-based federal tax incentives, however,
has proven to be the substitution, in conference, for the less valuable accelerated
depreciation investment incentive instead of the more powerful investment incentive
that was contained in the Navajo Nation's initial proposal and in the bills introduced by
Senator McCain and co-sponsored by then-Vice Chairman Inouye and others on this
‘Committee — an Indian Reservation Investment Tax Credit (IRITO).

Indeed, since passage of the Indian Investment and Employment Tax Incentives

‘Act, the Navajo Nation has continued to support adoption of the following two
complementary investment mechanisms needed to supplement the less valuable
accelerated depreciation now in the law:

(1) the IRITC (which was previously passed by the Senate with bipartisan
support and enacted in 1992 within 2 major tax bill (H.R. 11) that was
subsequently vetoed, and passed again by the Senate with bipartisan support



155

Nang Nation Lapin Prise for tb 107* Congas

The Navajo Nation appreciates the Committee’s consideration of these
recommendations to help promote homeownership opportunities in Indian Country.

C. WELFARE REFORM

As this Committee is well aware, Section 412 of the Personal Responsibility and
‘Work Opportunities Act (PROWOA), at 42 USC Section 612, authorizes the Secretary
of Health and Human Services and the Secretary of Labor to grant funds to Tribes for
‘Temporary Assistance to Needy Families (TANF) and work training programs
respectively. This Act capped federal spending for primary cash assistance program
serving poor families and children, ending the Aid to Families with Dependent Children
(AFDC) program. Its focus is on moving people from welfare assistance to gainful
employment. However, it is not well designed for rural areas and Indian tribes. In part,
this is due to a lack of economic development on reservations. Moreover, while tribes
can receive funds directly from the DHHS, there are many issues that must be worked
out surrounding funding. For example, when Indian tribes receive the funds directly,
they only receive the federal portion; there is no requirement that the states provide the
tribes with the match funds that they had previously used to serve the tribal populations.
Further, most Indian reservations suffer from a lack of facilities and infrastructure which
the states had developed over the years when they provided AFDC. Tribal infrastructure
needs include intake systems, offices and tracking mechanisms which must be developed,
often without adequate funding, since no separate start up funds are made available.
Finally, even though the Navajo Nation has operated the Bureau of Indian Affairs Social
Services Program (a similar program), contracted under the Indian Self-Determination
and Education Assistance Act, the DHHS has failed to allow the Nation to enter a
similar contract arrangement, which would allow consolidation of these assistance
programs and lead to greater efficiency.

‘On April 14, 1999, the Navajo Nation presented testimony to this Committee at
an oversight hearing regarding Welfare Reform Implementation in Indian Country. At
the hearing the Navajo Nation made several recommendations, including greater



CONTENTS

Statements:
Addison, Sr., Anthony, chairman, Arapaho Business Council
Campbell, Hon. Ben Nighthorse, U.S. Senator from Colora

man, Committee on Indian Affairs
Hamel, Jami, vice chairman, Salish a1
Inouye, Hon. Daniel K., U.S. Senator from Hawaii, chairman, Commi
on Indian Affairs
Posey, Ivan, chairman, Shoshone Business Council
Small, Geri, president, Northern Cheyenne Tribal Council
Sorrell, Anna Whiting, director, Office of Support Services, Salish and
Kootenai tribal Council
Sunchild, Bruce, vice chairman, Chippewa Cree Tribe of the Rocky Boy's
Reservation
Thomas, Hon. Craig, U.S. Senator from Wyoming
Windy Boy, Sr., Alvin, chairman, Chippewa Cree Tribe of the Rocky
Boy’s Reservation .

APPENDIX

Prepared statements:
Addison, Sr., Anthony .....
Begaye, Kelsey, president, Navajo Nation (with resolution)
Hamel, Jami
Posey, Ivan (with attachments)
Small, Geri (with attachments)
Sunchild, Bruce ..
Windy Boy, Sr., Alvin (

Additional material submitted for the record:
Indian Tribes Look to Tap Energy Source for Income; Sweet Irony 0 on

History, by Robert Gavin, Wall Street Journal, article ..

(HD


145

Nene Nation Lagiation Pris forte 107 Cagyess

‘These two principles reflect not only the traditional philosophy of the Navajo
people but also the primary concems of the Navajo Nation today. Guided by these
principles, the Navajo Nation has identified three issue areas in which it intends to focus
most closely on achieving, with the leadership and support of this Committee. The
Navajo Nation's critical legislative priorities during the 107th Congress are:

@ Fair and Equitable Share of Federal Resources
@)___Entitlemenc and Transfer of Indian Health Service Funding

(111) Fundamental Issues Protecting Tribal Self-Determination and Addressing
the Needs of Navajo People

‘At the dawn of the 21st Century, the Navajo Nation and the Navajo people
continue the struggle to survive and to thrive in an increasingly competitive economy.
We confront this challenge with pride and with dignity. However, conditions that
predominate throughout Indian Country — most notably the enormous infrastructure
deficit in relation to other parts of America — have perpetually prevented us from
‘competing on a level playing field with even the most economically distressed urban and
non-Indian rural areas. As a result, our day-in, day-out challenge is usually to catch up
rather than to get ahead.

‘The Navajo Nation seeks the support and concerted efforts of this Commitee in
the three noted issue areas 2s 2 means of helping to level that playing ficld, so the Navajo
‘Nation can compete successfully as it strives to move forward on the path toward true
self-sufficiency.

IL FAIR AND EQUITABLE SHARE OF FEDERAL RESOURCES

Mr. Chairman, the Navajo Nation continues to advocate for direct input from
tribal governments in the federal budget development processes. We support the
development of a comprehensive federal Indian funding policy that examines the
amount of available funds for programs and services for which Indian Nations are
ligible, the mechanisms for distribution and the funding management requirements.
Formal consultation with tribal governments in the analysis development is also essential,

F


106

Wind River Service Uist

MONTH
oct
Nov
DEC
JAN
FEB
MAR

APR

MAY
JUN
JUL
AUG.
| SEP

Oct-Feb

TOTALS

MONTH
‘oct
NOV
DEC
JAN
FEB
MAR
APR
MAY
UN
JUL
AUG.
SEP

Oct-Feb

TOTALS

FY99

$62,150 00
$52,162 00
$59,315.00
$62,206.00
$53,316 00
$73,030.37
$52,362 26
$73.320.81
385,863 81
967.368 91
$73,092 66
$67,492 73

$289,149.00

$781 670.55

FY 99

8530
8046
9152
9257
8617
9863,
8284
2430
9079
8356
8384
8488

43602

108486

WIND RIVER SERVICE UNIT

“PHARMACEUTICAL EXPENDITURES”

(running total)

$62,150.00
$114.312.00°
$173,627.00

$235,833.00 _

$289,149.00”

$362,179.37
$414,531.63
$487,852.44
$573,716 25
$641,085.16
714.177 82
$781,670 55

$781670.55

FY 00

$68,716 65
$87,168 48
585.563 35
$75,991.97
$72,293 57

$389,734.02

$389,734 02
(year to date)

(running totaly
FY 00

$68,716.65
$155,885 13
$241,448.48
$317,440.45
$389,734.02

$389,734.02

"NUMBER OF PRESCRIPTIONS”

(running totaly

8530
16576
25728
34985,
43602
53465,
61749
70179
79258
87614
95998
104486,

104486,

FY 00
8530
9558

9513
9224

45468

45468
(year to date)

(running total)

8530
17073
26731
36248
45468

45468

% CHANGE

10.57%
67.11%]
44 25%)
22 16%!
35.59%|

34.79%|

% CHANGE

0 00%|
742%
4 44%|
277%|
7 04%

4 20%!



‘One Quick Attack Vehicle

This would be a I ton or a ¥4 ton truck equipped with a 2-3,000 gallon tank with
foam capabilities. Also on the truck would be complete extrication equipment,
generator, lighting system, air packs, and a winch.

Pumper Truck
Standard structure firefighting vehicle with a 1,000 gallon tank

Personal Protective Equipment (PPE)
‘We are in need of twenty sets of bunker gear. We have had the same gear for
almost eight years

Training money
Currently we can only provide a minimal amount of training. In order to have a

fully trained department we would require at least $15-20,000 a year.

Miscellaneous Equipment

Flashlights, gloves, radios, pagers, ete.

Purchasing the listed equipment would be a one-time cost of $600,000. However
to keep our program functioning at a level that will meet the needs of our reservation, we
would need $50,000 per year.


52

quantified water rights per the Montana-Northern Cheyenne Water Settlement Act.
The Tribe proposes to develop an ambitious irrigation project that will result in new
irrigation of approximately 5000 acres on the Reservation. The estimated cost of
the total project is $17,000,000.00. The first phase of this project is estimated to
cost $2,000,000.00. The first phase includes development costs for final design
and construction of irrigation systems to cover 450 acres and project planning.
Judicial Branch and Judicial System

The Tribe's present court facility is undersized and outdated. Programs that
are affiliated with the courts are forced to use other facilities. This is inefficient for
these programs and the people that they serve. There is very little file space and no
storage space available at the Tribal Court. There are no separate restroom
facilities for the Judges or employees of the Tribal Court.

The jail facilities on the Reservation are grossly inadequate. The Tribe
cannot house juveniles in the facilities because they cannot be properly separated.
‘The jail suffers from overcrowding because it is not large enough to handle the
intake. The BIA Detention Specialist that inspected the facility recently identified
several areas of negligence including inadequate space, improper ventilation and
sanitation hazards.

The Tribe proposes a Tribal Justice Center that will house law enforcement,


173

Nano Nation Legian Pris forte 107° Congress

seek your support during any future discussions with your colleagues on the
Appropriations Committee to fully fund this project.

BULK POWER TRANSMISSION PROJECT

‘The electricity shortages of Spring 2001 in California and the Northwest United
States have caused the Navajo Nation to re-evaluate its generation, transmission and
distribution situation on the Navajo Nation. The Nation must have affordable, reliable
and sufficient clecericity to meet the increasing demands by the Navajo people and
Navajo economy. On the development side, the projected electricity shortage has
levated the viability and need for several proposed Navajo Nation transmission and
generation projects that are being developed by the Navajo Nation enterprises. ‘These
Projects, if continued, would greatly assist the southwest by adding transmission and
‘generation capacity. With proper funding, the Navajo Nation would be able to provide
electricity to Navajo homes as well as sell excess electricity to consumers in southern
California. In accordance Title 26, Indian Energy Resources, of the National Energy
Policy Act of 1992, the federal government has authorized funding of large-scale Indian
‘energy projects that would vertically integrate Indian resources and put Indian tribes in
the energy markets. Pursuant to Title 26, the Navajo Nation seeks an appropriation for a
bulk power transmission project to address the southwest energy shortage and
appreciates any assistance the Commirtee can provide.

‘NATIONAL ENERGY POLICY

‘The Navajo Nation is aware of several legislative proposals under consideration
of the 107 Congress, which seek to create a National Energy Policy. We also
understand the Bush Administration would like to develop a National Energy Policy and
have been victotious recently with the passage of H.R. 4 in the House of Representatives
‘on August 2, 2001. ‘This bill has been referred to the United States Senate and contains
at least one provision, which concems the Navajo Nation. ‘That provision is Section 305,
which would appropriate federal funds in the form of grants from the Department of
Energy to create cooperative research, development and special demonstration projects

om


101

The Tribe has been investigating and pursuing solutions to our telecommunications problems
during the past couple of years. We see a low-interest loan program for improvement of
telecommunications services on Indian reservations. such as the one proposed in S. 761. as an
important pan of an overall solution. The availability of quality telecommunications is important
to our ability to increase economic activity on the Reservation

VII. ROADS.

Congress needs to allocate more resources to Reservation roads. We maintain currently over
300 miles of road on our Reservation with at least an equal amount in disrepair because they cannot
be accommodated in the current maintenance program. It is difficult to attract business to the
Reservation when the basic infrastructure of roads and utilities are lacking. Inadequate roads make
life in Indian country harsh and sometimes tragic~as Indian people are ofien prevented by road
conditions from attending schools, obtaining needed health care, and getting to work. Without the
basic infrastructure in place. many companies will not even look at the possibility of locating on a
reservation

‘As Congress addresses reservation road needs. standards for road construction on
reservations must be mandated. Some minimal level of quality needs to established either federally
or be provided through adoption of Tribal standards. We have new roads being built with federal
dollars which are not designed to any industry recognized standards. When questions are raised by
the Tribe, we are told "Trust us [BIA]x, we know how to build roads." There is very little if any
quality control involved in road construction projects on our reservation. We must assure that the
roads which are built are quality roads so Congress does not need to expend funds to repair them in
10 years instead of the normal 20 year life of a road,

IX. AGRICULTURE

The Tribe is responsible for administration of 1.8 million acres of rangeland, 40 tribal farm
assignments, and 60 thousand acres of irrigated/subirrigated/dry pasture lands. In order to protect,
enhance, and manage these resources on trust lands, additional staffis necessary to provide technical
assistance and to address deficiencies required to manage these lands. To bring staffing equivalent
to that of other Federal agency staffing, we need: a soil scientist, soil conservationist, soil
conservation technician, civil engineering technician, laborer, environmental scientist, GIS specialist,
and livestock officers.

“TESTIMONY OF IVAN POSEY. CHAIRMAN EASTERN SHOSHONE TRIBE
‘ON THE GOALS AND PRIORITIES OFTHE 107" SESSION OF THE CONGRESS Page 12




22

Mr. Posgy. The population for the Wind River Reservation is
around 10,000, Senator. We have around 3,200 Eastern Shoshones
and around 7,000 Northern Arapahos.

The CHAIRMAN. And what is your rate of unemployment?

Mr. Posey. For the Shoshone Tribe, it is 46 percent.

The CHAIRMAN. Vice Chair Hamel, what is your population and
rate of unemployment?

Ms. HAMEL. We have just a little under 7,000 tribal members.
The rate of unemployment is about 30 percent.

The CHAIRMAN. 30 percent, and your reservation is the best in
that area? I believe the national rate of unemployment today is less
than four percent. And yours is 65 percent?

Ms. SMALL. Yes.

The CHAIRMAN. On the matter of the Otter Creek problem, will
you ask someone in your tribe or a tribal attorney to work with our
staff to come up with appropriate legislation?

Ms. SMALL. Yes, I can; yes, I have talked with Senator Campbell
already this morning and hopefully we can get something done on
that.

Senator CAMPBELL. Mr. Chairman, if you would yield just 1 mo-
ment. I might tell you, when you are framing it up and doing your
research, you might want to look into the settlement of the South-
ern Utes v. Amoco which was just done last year, because they had
almost an identical problem. It dealt with checker-boarded land
within the reservation, but it was almost the same problem of who
owned the gas since it could move, and who would be deprived of
their right if somebody else drilled and took the gas from under
their land.

Ms. SMALL. Thank you.

The CHAIRMAN. Madam President, you spoke and shared with us
a whole list of funding requirements. I am certain you are well
aware that as a general principle, if they do not come from the ad-
ministration, these funding requests are usually initiated by mem-
bers of the Senate that represent the State. I presume you have
discussed this with your Wyoming Senators?

Ms. SMALL. Montana.

The CHAIRMAN. Montana Senators?

Ms. SMALL. Yes.

The CHAIRMAN. And are they supportive?

Ms. SMALL. Yes.

The CHAIRMAN. It would help if they should submit to the Appro-
priations Committee a letter indicating such support. Would you
ask them to do that?

Ms. SMALL. Yes; they will. I just want to add that I have just re-
cently been elected in November and I am just getting moving

ere.

The CHAIRMAN. Chairman Posey, you spoke at some length on
your tax problems. Do you have legislation to address this matter?

Mr. Posey. At this time, no, Senator. We have been in negotia-
tion with our State in terms of DOL taxation. Right now, if a pro-
ducer comes on our Wind River Reservation they're paying a 22-
percent tax, and so we've got to go into in terms of tax incentives,
we're looking at more operating agreements. But we are—that is
why we bring this issue forward. I think we need to do something


105

CONCLUSION

‘As my testimony indicates, there are numerous issues involving tribes which need to be
addressed by this Congress. Please don’t leave us behind again as you deal with the myriad of issues
competing for your attention. We do not seek a handout, but treatment consistent with our status as
equal citizens, sovereigns, and people. As Felix Cohen, noted Indian scholar, once said "Like the
miners canary, the Indian marks the shifts from fresh air to poison gas in our political atmosphere;
and our treatment of Indians .... reflects the rise and fall in our democratic faith.” Let this be a time
for fresh air in Congress’ dealing with American Indians. 1 look forward to working with the
‘Committee and its staff to implement these necessary and worthwhile goals.

Witepstavontegs 7 end

“TESTINONY OF IVAND POSEY, CHAIRMAN, EASTERN SHOSHONE TRIBE
(ONTHE GOALS AND PRIORITIES OF THE 107 SESSION OFTHE CONGRESS Page 16


162

Nang Nation Leilaie Proto the 107 Congres

endeavor is critical for the Navajo Nation and other Indian tribes and needs to be
addressed in BIA’s IRR Budget.

The BIA and the IRR program budget for FY 2002 is insufficient to allow for
compliance with U.S. Department of Transportation regulations governing roads and
bridges. ‘Though the needs are many and varied, the Navajo Nation will address three
priority transportation issues.

MODIFIED RELATIVE NEED FORMULA

‘The primary funding source of the Navajo Nation IRR program is the Highway
Trust Fund (HTF) and interest-bearing accounts funded by gas taxes, state assessments,
cross country trucking levies and other sources. IRR funds are allotted for construction
and improvement of IRR roads and bridges. Allocation formula must be utilized to
allocate IRR funds among tribes (Section 126 and 23 U'S.C Part 22). ‘The Navajo Nation
hhas been very supportive of the Current Relative Need Formula, which consists of three
areas: 20% (Population) + 30% (vehicle miles traveled) + 50% (cost of improvements).
(The formula is the addition of the percentage of total population of a tribe, the
percentage of roads that are most traveled and the percentage to improve the roads)
‘This formula is the most fair and equitable way to distribute IRR funds as it is
measurable and verifiable based on need. The Navajo Nation seeks support of Congress
to support the current Relative Need Formula. This formula will assist in bringing all
road conditions up to standard on a national level.

BIA ROAD MAINTENANCE

Intermodal Surface Transportation Efficiency Act of 1991 (STEA) requires that
IRR roads be maintained; but Navajo IRR road maintenance is funded separately from
IRR construction funds, under the Department of Interior (DOT) Appropriations-Tribal
Priority Allocations (TPA).

‘The Navajo IRR road maintenance funds have never been adequate and are
sufficient for only one-third of actual maintenance needs. The Navajo Nation needs to

ar


165

[Nenge Nation agian Priorities for be 107° Congress

to be operating by January 2002. ‘The Navajo Nation requests che Committee to ensure
that the additional $10 million in direct operations for the Federal cost of Navajo ISDA
contract conversion and the request of $40 million for Contract Support Costs as
provided in the Senate-passed FY2002 Interior Appropriations bill is secured in the final
FY2002 Interior Appropriations bill.

EACILITIES CONSTRUCTION

The Navajo Nation has three facilites on the IHS list of construction priorities
Construction of the new Fort Defiance Hospital has been scheduled for completion in
February 2002 with a projected need of $41.8 million in the IHS 5-year construction plan
for construction completion. However, under the House-passed FY2002 Interior
Appropriations bill, $14.3 million was approved for the Fort Defiance Hospital, an
amount which is slated only for staff quarters and to purchase equipment. Under the
Senate-passed Interior Appropriations bill, §27.8 million has been provided. We ask
Members of this Committee to encourage your colleagues to provide the higher level of
funding recommended for the Fort Defiance Hospital in the final FY2002 Interior
Appropriation bill.

The Fort Defiance Hospital serves approximately 10,000 people per year and
houses 21 programs, from dental and surgical clinics, to ob-gyn, mental health and
substance abuse programs. If construction of the new hospital is not completed on
schedule, the existing Fort Defiance Hospital risks losing its accreditation, due to
crumbling infrastructure that necessitated the new hospital in the first place, Should this
occur, the hospital would be unable to collect Medicare and/or Medicaid funding
essential to its continued operation. Should an extension of accreditation be granted, the
existing hospital will be obligated to spend an average of §1 million annually to repair
leaky soofs and faulty sprinkler, heating and cooling systems.

In addition, we request this Committee to help ensure the highest level of FY
2002 funding for both outpatient facilites at Pinon and Red Mesa, Arizona, Because the
community of Pinon has been heavily impacted by the Navajo-Hopi relocation, Section

Ee


169

[Nango Nation Lagiative Prins forthe 107* Congres

uniform education standards. ‘This will enable the Navajo Nation to regulate, manage
and direct quality education for all children attending schools on the Navajo Nation.

Funding has been appropriated only once for TEDs since the passage of the
authorization in 1988. In FY 2001, no funding was provided. ‘The Navajo Nation has
proposed that the ESEA be amended to limit eligibility for this TED funding to tribes
which operate at least three BIA-funded schools. In this manner, TED resources would
be aimed at tribes that take on major education responsibilities from the BIA, while BIA.

could focus its resources on schools in smaller tribal communities.
REPLACEMENT SCHOOL CONSTRUCTION FUNDING

‘The BIA school facilites located on the Navajo Nation comprise approximately
48% of all BIA facilities. Many of these facilities are in dilapidated conditions and have
become increasingly difficult to maintain and operate. For many years, the Navajo
Nation has reported these conditions to Congress and requested that the problems be
addressed and resolved. Finally, in FY 2000 and FY 2001, the federal government began
to address the longstanding backlog of facilities replacement and repair. In addition,
President Bush, during his campaign, supported continuation of the funding levels
required to eliminate the BIA construction backlog.

‘The Administration's FY 2002 budget request has earmarked construction
funding for six schools, including the Navajo Nation’s Fort Wingate Elementary School
and Holbrook Dormitory. This commitment is appreciated, but the Navajo Nation
requests that the Committee advocate for new construction money, so that additional
school construction can be funded as rapidly as possible.

ADMINISTRATIVE Cost GRANTS (ACG)

‘The ACG is a statutory, formula-based method created by Congress in 1988 to
calculate the amount of funds that should be provided to tribes for the administrative
and indirect cost expenses incurred in the operation of BIA contract and grants schools.
Although statutorily mandated, funds appropriated by Congress for ACGs have rarely

WE


34

carly inception of IHS, this was their responsibility - patient transport.
‘Throughout the years, this responsibility has shifted to the Tribe. We need to
shift this responsibility back to IHS or be funded for more positions for
transporters along emergency transportation vehicles, medivacs and EMTs.
f. ELDERLY:

i. The Elderly on the Wind River reservation need appropriate
renovation/additional building to the nursing home on the Wind River
reservation. Both the Arapaho and Shoshone members use Morning Star
Manor, a nursing home operated by the Shoshone tribe. Included in this need
is more medical staff, specialized gerontology training and nutritional training.
to meet elderly needs. The elderly that choose to remain in their homes
should be provided for in building repairs to their homes if needed or homes
built for them, Most Arapaho Elderly choose to remain in their own homes.

g. YOUTH:

i. The youth of the Arapaho tribe also need buildings for preventive type
activities. This includes space for recreation, There is a shortage of buildings
or space to provide recreational activity for our youth on the Wind River
Reservation. Again there is a demonstrated need for more dollars in this area.

h. FAMILY AND DOMESTIC VIOLENCE:

i. Family and Domestic violence is an issue that needs attention on the Wind
River reservation. Certain programs address the problem of violence and
abuse but to adequately house victims is a problem of social services
programs on the reservation, We need more dollars to address this growing
social issue.

i. GENDER ISSUES:

i. Men and women health issues programs. As an example, special clinics for
men — i.., prostate and colon cancer awareness; for women, mammography,
breast and cervical cancer.

j. VETERANS PROGRAM:


115

_Nange Nation Legislative Prioiiesfor be 107 Congas

‘The Navajo Nation requests the Committee consider amendments to SMACRA
which would allow interested tribes to regulate surface coal mining activities within their
land boundaries. The Navajo Nation suggests the following:

[Not withstanding any otber provision ofthis section or this Act, Indian Tribes may be considered as
‘States for purposes of sections 503 and 504 and may apply for and receive under the provition of
section 504(e). Grants developing, administering and enforcing Tribal programs shall be eligible for
100% of the cost of developing, administering and enforcing the approved program.

EAIR MARKET VALUE

‘The Navajo Nation seeks the support of this Committee in establishing 2 fair market
value for its crude oil resources. Current regulations relying on posted ptices have not
been reflective of the true market value of Indian crude oil. The Minerals Management
Service (MMS) and the Department of Interior must recognize their fiduciary
responsibility in any consideration to amend current regulations regarding the valuation
‘of crude oil from Indian leases. ‘The Navajo Nation loses out of royalties because the
value of its crude oil is not priced at trve market value. The Navajo Nation strongly
encourages the Department of Interior to adopt new regulations placing Indian crude oil
at crue market value, Furthermore, the Navajo Nation requests the opportunity to testify
in all furure Congressional hearings held relative to these matters.

CONCLUSION

On behalf of the Navajo people, the Navajo Nation Leadership thanks the
‘Committee for this opportunity to submit for the record the Navajo Nation’s legislative
Priorities for the 107th Congress. The Navajo Nation enjoys working with the Members
and the Committee staff in continuing the dialogue and achieving significant progress in
addressing the Navajo Nation's priority issues. The Navajo Nation may provide further
‘comments while the record is open.



115

4, Household Income

COMMENT:

Based on the1998 Survey, median annual household/family income for 1997
income from all sources (including salariesWwages/investments/tribal per-
capita payment/social security/alimony/child supportifamily help) was as
follows -

All $ 12,300
Eastern Shoshone 12,075.
Northern Arapaho — 10,700
Indians 11,920
Non-Indians 49,000

‘Among families on the Reservation, 25% have an income below $4,100 and
25% have an income above $23,000. For specific groups these figures are -

Income of the poorest 25% of households is —

All $4,970
Eastern Shoshone 4,930
Northern Arapaho 4,270
Indians 4,700
Non-indians 11,300

Income of the highest 25% of households is -

All $23,800
Eastern Shoshone 22,460
Northem Arapaho 20,700
Indians 21,940
Non-Indians 39,000

At the time of the 1998 Survey, the Poverty Thresholds for families of
various sizes living in rural areas were -

Single individual family _$ 8,050

Family of 2 10,850
Family of 3 13,650
Family of 4 16,450

Family of 5 or more..... add $2,800 per family member

For the past decade, the national average of families living below the Poverty
Threshold has been 13.5% to 15.5%. The percent of households/families


136

US West Local Exchange Areas Including P>servation
Served by 1 US West Engineer



17

IGRAU-234-01

2. — The Intergovernmental Relations Committee of the Navajo
Nation Council further authorizes all Navajo Nation officials and employees to
advocate for the Position of the Navajo Nation. as set forth in Exhibit A", until

such time as this resolution is amended by the Intergovernmental Relations
Committee.

CERTIFICATION

I hereby certify that the foregoing resolution was duly considered
by the Intergovernmental Relations Committee of the Navajo Nation Council at
a duly called meeting at Window Rock, Navajo Nation (Arizona), at which a
quorum .was present and that same was passed by a vote of 9 in favor, 0
opposed, and 0 abstained. this 24th day of August, 2001.-

SD tT Loop

Edward T. Begay, Chairperson
Antergovernmental Relations Committee

Motion: Ervin M. Keeswood, Sr.
Second: Young Jeff Tom


58

I. RESERVATION PUBLIC FACILITIES NEEDS - - Water Delivery/Treatment, Solid
‘Waste, and Fire Protection

DESCRIPTION OF THE RESERVATION

‘The Northern Cheyenne Reservation of about 445,000 acres is situated in southeastem Montana,
about 80 miles southeast of Billings. It includes parts of Big Hom and Rosebud Counties. The
Tongue River forms the easter border of the reservation, and the Crow Reservation borders the
west, As of July 2001, the Tribe had 7,900 enrolled members, 68% of whom reside on or next to
the reservation. The non-Indian population makes up about 10% of the total reservation
population,

Climate and Topography

The reservation has a continental semiarid climate characterized by cold winters and hot
summers, with marked changes in precipitation. Mean annual temperature recorded at the
‘weather station in the town of Bimey (about 5 miles south of the reservation) is 42.8 degrees F.,
ranging from an average low of 9 degrees F. In January to an average of 13.86 inches of
precipitation per year, ranging from 5,78 inches in 1960 to 19.78 inches in 1978.

‘Topography of the reservation varies from grass covered, low rolling hills to moderately high
and steep sandstone bluffs with narrow valleys. Elevation range from 3,000 to 5,000 feet above
sea level.

1. Public Water System - - Feasibility Study ($500,000)

A. Needs Assessment has been completed by the Bureau of Reclamation for
preliminary planning for an MR&I water supply, treatment, and distribution system to serve the
Reservation. It shows a dire need for a Municipal, Rural, and Industrial Water System for the
Reservation. This pre-feasibility study provides enough information to determine the scope of
feasibility study, the next level of project planning. The Tribe needs $500,000 in federal funding
10 initiate the feasibility study.

The feasibility study will address the following subjects:

Task | Public Participation Program
Task 2 Present and Future Conditions
Task 2.1

Task 2.2 Project Planning Area

Task23 Existing Facilities

Task 2.4 Water Demand

Task 2.5 Resource Capabilities

Task 2.6 Need for Project

Task 3 Water Supply and Distribution System Evaluation


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LINA ADIAYAS YAATY CNIM


16

Vi. ‘TRIBAL JUDICIAL BRANCH and JUSTICE SYSTE!
($8 million for capital improvement)

The facilities that currently house the Tribal Judicial Branch are fragmented and
antiquated. The tribal court house, a 50" x 40' steel structure building, was constructed in
the early 80s with outdated electrical service and internal wiring. It contains a single
courtroom with a jury box, a gallery, the judicial bench and two tables for the parties. it
also contains three offices, a multi-purpose area that houses the file cabinets, 6 computers
with work stations, other office equipment and furniture. The building has a small
receptionist area on the east side along with two restrooms. The total capacity of workers
in the building is a Chief Trial Judge, an Associate Judge, Appellate and Pro Tem judges
as needed, a Clerk of Court, 4 deputy clerks, a law clerk, and a process server. The
Judicial Branch rents a portable stee! storage shed approximately 16° x 40! located on the
south side of the building to house the approximately 2000 court files date back from the
late 1960's. Space is needed for the recently added Guardian Ad Litem program with two
employees, the Drug Court with two employees, and the Probation Department with four
employees, These positions are under the supervision of the Chief Trial Judge and Clerk
of Court. There is no conference room or jury deliberation room.

The adult detention component was built in the 1960's and renovated in the early 1980's.
An evaluation of the jail recently conducted by the BIA LES Detention Specialists from
the Central office in Albuquerque identified several areas of negligence including;
inadequate space for inmates; improper ventilation; sanitation hazards as a result of non-
functioning plumbing and fixtures in the celis, and the identified juvenile cell block was
not separated by sight and sound of the adult cell block as required by federal regulations,
The law enforcement unit 1s comprised of one multi-purpose area approximately 30' x 30'
sq. ft and contains multiple computers, workstations, other office equipment and a steel
structured filing cabinet for 12 police officers. In addition, the unit has two offices
approximately 10° x 12' which house the Police Chief and the secretary and one mobile
trailer located adjacent the jail housing the Criminal Investigator and secretary.

‘There currently is not a paid public defenders program, but planned for FY 2003 is two
public defenders and a clerk.

“The prosecution department is located in the tribal administration building separated by
the law enforcement department and courthouse by approximately %4 mile and is
administered by the chief prosecutor who filed 2,981 criminal charges in FY 2000. In FY
2000 there were 393 juvenile delinquency petitions filed by the Chief Prosecutor

‘The probation department is located in the office of prosecution and supervised by the
Chief Clerk of Court. The adult probation officer carried a caseload of 317 for FY 2000
and currently is working with a caseload of 264 offenders. The adult probation officer
has an office space approximately 200 sq. ft and contains her computer workstation, file
cabinets and interview space. Her office is temporarily located in the Office of
Prosecution due to the lack of space in the tribal courthouse. The probation staff will be


28

our growing population. In an effort to overcome this problem, the Congress passed
the “Chippewa Cree Tribe of the Rocky Boy’s Reservation Indian Reserved Water
Rights Settlement and Water Supply Enhancement Act of 1999,” [Public Law 106-
93). This water rights settlement legislation was the first Indian’ water rights settle-
ment bill since 1992. Without the leadership of the Committee on Indian Affairs we
would not have been successful.

S. 934 authorizes the Federal Government to begin the planning, designing and
construction of a water pipeline project to provide drinking water for our reservation
and the rural communities in six northern Montana counties. This effort to bring
drinking water to our reservation and the non-Indian communities in north central
Montana has been a collaborative effort between the tribe and the North Central
Regional Water Authority. While our Water Settlement Act authorizes some addi-
tional on-reservation storage it also reserved for our future use, 10,000 acre feet of
water in the Tiber Reservoir, which is some 50 miles west of our reservation. Our
Settlement Act initially included language authorizing a water pipeline from Tiber
to the Rocky Boy’s Reservation. This was deleted as various entities in the Federal
Government felt we should get the settlement act through first and then come back
with separate legislation authorizing a pipeline to get the water to us. The non-In-
dian communities that surround the Rocky Boy’s Reservation are also in need of
drinking water and are in fact going to be in violation of the Safe Drinking Water
Act if they can not increase their supply of clean water. It only makes sense to have
this legislation drafted in a manner that benefits both on and off reservation com-
munities. The need for adequate drinking water has brought the reservation com-
munity and our surrounding non-Indian neighbors together in realizing that by
working together we can better understand each other's needs and help each other
to accomplish them.

Mr. Chairman, Mr. Vice Chairman, and members of the committee, on behalf of
the Rocky Boy’s/North Central Montana Regional Water System, the Chippewa Cree
Tribe respectfully requests this committee to prioritize our bill, S. 934 and conduct
a hearing as soon as possible.


94

reimburse HS direct and tribally contracted programs for expenditures made on behalf of patients
who incur extraordinary medical costs.

‘The funds that are appropriated for CHS and CHEF are not adequate. Additonal
funds need to be appropriated for these two budget line items.

In FY 1999, our service unit was allocated 2 CHS recurring base budget of
$4,999,926. During the fiscal year. the service unit ended up having to spend $6,182.912 because
ofa significant increase in the demand for emergency and acute health care services, Of the $6.2
million that was expended. a total of $1 345.048 was spent on high cost cases that were eligible for
CHEF reimbursement. The service unit received 47.58 %, or $639,986. of the total CHEF
reimbursement that it was eligible to receive. The service unit was unable to get full reimbursement
due to the problem that all CHEF funds had been totally depleted early in the fiscal year. The
appropriations authorized for CHEF need to be increased to a more practical level, one that truly
reflects the actual need

‘There is not enough CHS dollars to adequately fund the health care needs of the Wind
River Reservation population. Patients are being placed on deferred waiting lists because their
medical priority is not high enough to meet the level of funding at the time of their referral.
Typically, these cases turn into emergencies and require higher expenditures of CHS funds in the
Jong run. Minor medical problems progress and become acute or life threatening, necessitating high
expenditures of CHS funds to take care of critical or emergency medical care problems. During the
first three months of FY 2000, the Wind River Service Unit accumulated a deferred CHS patient list
that contains $84,465 in deferred medical services. (Exhibit # 2 contains the deferred CHS patient
list.)

c Dental Resources

Dental services are one of the most sought after services on the Wind River
Reservation. Lack of adequate resources to hite qualified professional staff has resulted in long
waiting lists of patients that need or desire treatment. Based on the service unit's user population
of 9.589, and the service minutes that it takes to perform routine dental procedures, dental staff that
includes 9 dentists, 22 dental assistants, 2 receptionists, and 20 dental chairs is needed to provide
adequate dental services on the Wind River Reservation. The service unit currently has 5 dentists,
10 dental assistants, 0 receptionists, and 12 dental chairs. This staffing level represents funding at
55% of actual need. Patient access to adequate and standard dental health care is severely limited
throughout the Indian Health Service, Only 25 percent of the service population has access to dental
care.

TESTIMONY OF IVAN D. POSEY. CHAIRMAN, EASTERN SHOSHONE TRIBE
‘ON THE GOALS AND PRIORITIES OF THE 107" SESSION OF THE CONGRESS. Page 5


9

what we can—what’s best for our people and whatever it might be,
you know, working with the oil companies and gas and these.

Senator THOMAS. Some have suggested that you contract with
the State as they do it on State, BLM and Federal lands.

Mr. Posey. That could possibly be an area that can be looked at
as far as joint tribes are concerned.

Senator THomas. Mr. Chairman Windy Boy, you mentioned the
$1,500 compared—I don’t quite understand that comparison.
What's the $3,000 to $5,000 comparison?

Mr. Winpy Boy. Basically you take the number of American In-
dians in this country and you divide the allocable dollars given by
Indian Health Service, it equates to that $1,500-plus dollars to
every individual Indian person in this country, as opposed to the
rest of America. And that would equate to—

Senator THOMaS. The rest of America, you mean private money,
Government money and everything else?

Mr. Winpy Boy. Private, Government, Medicaid, Bureau of Pris-
ons and so on.

Senator THomas. Okay. Is it not true, however, that everyone in
the tribe has access to Indian Health Service?

Mr. Winpy Boy. Every area is somewhat different. In Montana
and Wyoming, ours—as an example, Rocky Boy has three counties
that are covered within contract health care. Outside of that, peo-
ple are on their own. And on the flip side of that, you’ve got a State
like Oklahoma that the whole State is considered a service delivery
area.

Senator THOMAS. So it’s handled differently.

Mr. Winpy Boy. Right. As well as in Wyoming.

Senator THOMAS. Yes.

Mr. Posey. If I recall, Montana-Wyoming tribes enrollment are
based upon blood quantum, and the logs that I’ve seen is one-
fourth. And how each tribe handles their enrollment is a tribal
matter.

Senator THomas. Yes; Okay. Is Fannie Mae helping with your
housing? Fannie Mae just began to be active, in Wyoming and also
on the Wind River Reservation?

Mr. Winpy Boy. Yes; it has. And you know, it can be better and
we can always try to work with those outside entities, and to do
that we can provide more housing for our people.

Senator THOMAS. Thank you. I might say I am active as chair-
man of the Rural Health Caucus, and we’d be more than happy to
sit down at a roundtable. Western States, like Wyoming, are famil-
iar with what you're talking about.

So thank you, Mr. Chairman.

The CHAIRMAN. Thank you, Senator Thomas.

May I call upon the vice chairman.

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

Senator CAMPBELL. Thank you, Mr. Chairman. I apologize for
being late. Like all of us, we have some conflicts, and I had two
this morning, and I apologize to the committee that I wasn’t here
to hear the introductory statements. So I really don’t have any


increased up to four persons.

Itis the intention of the Tribe to build a single structure that will house most components
of the Judicial Branch and related justice services in a centralized area accessible to the
‘community on a site of approximately 30 acres. This center will house the services for the
adult population to include: Judicial Branch Court, Probation Department, Prosecution
Department, Public Defenders Department, Adult Detention, Administration and Law
Enforcement services, Drug Court, Guardian Ad Litem program, and Victim Services

Department.

PLAN:

Alter assessing the needs of the Northem Cheyenne Judicial Branch and Justice System,
the Tribal Council determined that the Tribe should proceed with planning for a Tribal
Justice Center that will include a 50-bed adult detention facility, law enforcement offices,
a Victim Services Center that will include space for the domestic violence program, and
the Office for Victims of Crime; a Judicial Branch complex that will include space for the
following components: Judiciary and Court, Probation Department, Prosecution
Department, Public Defenders Department, Adult Detention, Administration and Law
Enforcement services, Drug Court, Guardian Ad Litem program, and Victim Services
Department. The entire building will be approximately 50,000 gross square feet with a
projected cost of $8,000,000.

The adult module will be 26,000 square feet and will provide for secure detention
housing for $0 inmates, male and female in the following housing classifications. Special
Management/Detoxification units (1) male and (1) female; Male General Population (16
beds); Male low security (8 beds with four each unit; Male work release (8 beds); Female
General Population (10 beds); Female low security (4 beds); and Female work release
dorm (6 beds). Programs and services will be provided to include: physical fitness;
individual and group counseling; education; substance abuse education and counseling;
restitution and community services; daily living skills and self-esteem.

The law enforcement module is approximately 8,000 square feet and will be a full-service
center providing space for administration and Patrol Services; Investigations;
‘Communications; Facility Support; and Staff Support. This space will include: an
administrative area for the department to perform daily administrative duties; an
investigative area with ample space for investigators to process daily paperwork; to
properly store evidence; and interview spaces to interview victims and suspects; a
‘communications area to perform dispatch and detention security duties; a facility support
area for staff to perform report writing duties, store evidence and found property, store
impounded vehicles; and a staff support area for staff to store uniforms and equipment
and perform physical exercise.

‘The Judicial Branch module is a 16,000 square feet full-service Court complex. This
module will house and provide office and utility space for the staff of all of the


83

homes and water wells.
Air Pollution.

Air pollution and visibility impairment
from CBM venting, coal seam fires, carbon
dioxide, No, from compressor stations and
vehicles, dust and other emissions, in
violation of the Reservation’s Class I Air
Quality standard.

Socio-economic Concerns.
Increased traffic.

Increased stress on already inadequate on-
Reservation public services and
facilities.

Increased law and order problems,
especially in light of Reservation
jurisdictional uncertainties among Tribal,
federal and State jurisdictions.

Exclusion of the Tribe from development-
related State and local tax revenues and
federal royalties that will accrue to
State and local governments, exacerbating
the gross disparities between on-
Reservation and off-Reservation public
services and facilities.

Exclusion of Tribal Members from job
opportunities available to others in off-
Reservation CBM projects, unless special
measures are adopted to compel
opportunities for the Northern Cheyenne.


5

ing with the Bureau of Indian Affairs or the Indian Health Service.
I hope that we can accomplish something. We truly, surely have
the data. We truly, surely have the expertise.

Several years ago, my tribe, following suit with the Flatheads,
opted to compact both the Indian Health Service and the Bureau
of Indian Affairs activities. We have gone through lots of stumbling
blocks. But there is always a word that kind of stuck in my mind,
and that word was “persevere.” But I hope as we have marched,
that we can create that one word “partnership.” My problems that
are in my testimony are surely not partisan issues. The people that
l represent at Rocky Boy and chairman of the Montana-Wyoming
Health Board know no politics. The ability for members of my tribe
to endure the hardship to travel one way, up to 250 miles a day,
for dialysis in Billings, times that three times a week. That is a lot.

This is very easy country. Very. We in Montana-Wyoming know
the geographical location. In fact, we have 2.9 million head of cows
in Montana. We've got 882,000 people. And the statistics are saying
even with the last census, that count may have dropped a little fur-
ther. But the Indian count has gone up. We are seeing people mov-
ing back to the eight reservations in Montana-Wyoming every year
for unknown reasons.

We hope that we are able to partner—partner with the halls of
Congress; partner up with the administration. There is one pitch
that I would like to make, and that’s with the Indian Health Serv-
ice. And again, health should know no party bounds. But I would
ask the honorable Senators here, if we can take a look at keeping
Dr. Trujillo in the Indian Health Service for the duration of the 3
or 4 years. Dr. Trujillo has truly been an advocate. Like everything
in business, sometimes we don’t see eye to eye, but we are able to
set down and negotiate something positive for Indian country. I
truly would like to ask the Senator from Wyoming if he would part-
ner with the Wyoming tribes and the offices of both the Montana
and Wyoming Senate offices in creating a roundtable discussion on
health care specific to the Montana-Wyoming tribes. Our geo-
graphical location is surely different from California, Oklahoma,
Alaska, and all the others. We are right now in Montana experienc-
ing a drought. I am a rancher, and we haven't yet to start our
swathers to cut hay because there is no hay. With the SBA, I
would hope that the Indian desk would be filled soon, and whether
or not an elevation to that would occur, would truly be a step in
the right direction. The elevation of the Indian Health Service di-
rector to assistant secretary is always on our main plate.

There is one statement that I have thought about for a number
of years, and I’ve been an elected official for 13 years. And earlier
on in my early years as a councilman, I always assumed that the
best place for the Indian Health Service funding process should be
outside the Interior appropriations process, and more in line with
the Labor~HHS method. As I came forward in the last year or so,
I re- analyzed that thinking. Personally, I don’t think that’s a very
favorable process for the simple reason you take a look at Interior
appropriations and Labor-HHS Interior appropriations, because of
the Bureau was transferred from the Department of War to where
they are at now, they are probably the only agency within this Fed-


111

12/8/99 FIBROMYLAGIA/PHYSICAL TX
10/13/99 FU LOWER BACK PAIN
11/24/99 CT PARANASAL SINUSES
11/10/99 PHYSICAL THERAPY

11/4/99 OFFICE VISIT/RHEUMATOLOGY
10/27/99 TOTAL KNEE REPLACEMENT
10/29/99 MRI NECK/UPPER T SPINE
10/20/99 ARTHROSCOPY L KNEE
11/24/99 ALLERGY INJECTIONS 1 MONTE
11/24/99 NEUROLOGY EVALUATION

12/1199 TOOTH REMOVAL ORAL SURG
11/17/99 ARTHROSCOPY L KNEE

11/4199 RELEASE TRIGGER FINGER
11/10/99 EVAL & RECONSTRUC PUNCTA
10/2019 ENDOSCOPIC EXAM
10/27/99 ALLERGY EVAL AND TMT
10/20/89 YAG LASER TREATMENT

10/6/99 FOLLOWUP NEUROLOGY
11/10/99 PTERGIUM REMOVAL,
11/17/99 MRI ELBOW:
12/29/99 OCCUPATIONAL THERAPY

600 WELLS
‘50 STEFFEY
200 KLINKENBORG
600 PEARSON
‘50 WELLS
‘5000 KLINKENBORG
1000 WELLS
7000 KLINKENBORG
300 WELLS
150 WELLS
300 HUFF
7000 KLINKENBORG
3500 KLINKENBORG
3500 ROYS
‘360 KLINKENBORG
300 WELLS
‘3500 CADMAN
75 WELLS
3500 ROYS.
1000 KLINKENBORG
200 STEFFEY
84465


81

the north and south and to our original lands in the
Tongue River Valley. The depth of our commitment to
our traditional values is manifest from our internal
reluctance to exploit the abundant coal resources
underlying our Reservation. In an act of extraordinary
self-denial, we have thus far refrained from developing
those resources for commercial gain, because of our
reverence for our Reservation.

2. CBM Impacts. CBM development surrounding the
Reservation would exacerbate the entire range of socio-
economic, physical and cultural impacts we have
suffered from encircling coal and power plant
development. Moreover, those impacts will be augmented
by pernicious new impact.

a. Reservation Groundwater and Subsidence.

Drawdowns and deterioration of water
quality in Reservation wells.

De-watering of the Reservation aquifer
overlying the coal seams,

Impairment of vested groundwater rights on
the Reservation.

Subsidence of Reservation surface lands
due to de-watering of the subsurface.

b. Reservation Surface Water.

+ Pollution of Tribal water in the Tongue
River Reservoir and the Tongue River.

Non-compliance with Tribal water quality
standards.


107

WRSU EPENDITURES & WORKLOAD WORKBOOK

FORT WASHAKIE
“PHARMACEUTICAL EXPENDITURES”

(cunning totat) (running total)
FY 99 FY 99 FY 00 FY 00 th CHANGE
MONTH
oct $31,427.00 $31.42700 © $42.71330 $42,713.30 35.91%
NOV $28,336.00 © $60,763.00 $50.32195 _$93.035 25 71 5494
DEC $27,238.00 $88,001.00 $49,528.26 $142,563.51 81.84%
JAN | $36,004.00 $124,005.00 $38,010.11 $180,573.62, _5 57%
FEB $26,713.00 $150,718.00 $49,896.87 $230,470.49 86.79%
MAR ss 5 $192,627.25 - . _ _
‘APR $30,999.02 $223,626.27
MAY | $49,019.48. $272,645 73, ~
JUN | $48.243.25° _ $320,888.98 _
JUL $30,732.14 $351,621.12
AUG | $47,291.61 $398,912 73 :
SEP $39,307.67 $438,220 40 :
Joct-Feb ~ $150,718.00 23047049 ~ 52.92%

TOTALS $438,220.40 $438.22040 —$230.47049 $230,470 49
(year to date)

“NUMBER OF PRESCRIPTIONS**

(running tot) (running tota
FY99 FY 39 FY 00 FY 00 % CHANGE
MONTH
ocT 4753, 4753, 5017 5017 5.55% |
Nov 4609 9362 4860 287 586%
Dec 5080 44e2 5499 15396 8.25%
JAN sa74 19916 5428 20824 0.84%
FEB 4912, 24828 5375 26199 9 43%|
MAR saad 30272
APR 4603 mers
May 4881 39756,
JUN S066 44822
yu 4678 43500
AUG 4853 54359
SEP 4992 59345,
Oct-Feb (24828 (26199 5.52%!
rorats 50345 59345, 26199 26199

(year 10 date}



92

To complete the education process, our children need access to quality college educations.
Culturally our people value being near to our families and our homelands. In addition. the low
economic activity on reservations requires many household members to help with putting food on
the table. For example. our Reservation has a median household income of $11,920 per year. Thus.
going away to coliege putsa unique burden on our people. We need Tribal cotleges located near our
communities. In addition, for those members who choose to attend other colleges and universities,
we need the scholarship resources which will allow them to attend quality schools. For example.
in the past we were able to fund 32 students per academic year, while we had an unmet need of 147
students. The Eastern Shoshone Tribe currently appropriates approximately $500,000 of tribal funds
for higher education

i. HEALTH CARE

Quality health care is crucial to an adequate standard of living. Historically. access to quality
health care for American Indians has lagged far behind the national average. I cannot urge strongly
enough to increase the funding for the Indian Health Service to allow my people to obtain health care
available to the average citizen. Significantly. the shortage of funding for the Indian Health Service
means that preventive and routine care gets short changed in order to meet catastrophic and
emergency care needs. Provision of preventive or routine care in the long run can save costs either
(1) by reducing the incidences of.catastrophic diseases such as diabetes. cancer. and heart disease,
or (2) catching the disease at an early stage when treatment is most effective.

Parity and equal treatment in health care funding and services for American Indians is
needed. Our service unit is the lowest funded service unit within the Billings Area. Moreover. per
capita health care expenditures for the Wind River Service Unit are tragically inadequate when
compared to the per capita expenditures that are made on health care for the rest of the United States
population

Based on the Level of Need Funding (LNF) Study, our service unit has a per capita health
expenditure amount that is 49 % lower than the cost of health benefits that are provided to federal
employees and members of the United States Congress. An increase in funding of $2,535,757 is
needed to bring the service unit to 60 % and a total of $12,714,575 in additional funding is needed
by the service unit to bring our per capita health expenditures to 100 % of what is offered to federal
employees and members of the United States Congress.

TESTIMONY OF IVAN. POSEY CIEAIRMAN. EASTERN SHOSHONE TRIBE
(ON THE GOALS ANO PRIORITIES OF TE 107" SESSION OF THE CONGRESS Page 3



60

2. LAME DEER WASTEWATER POND
IMPROVEMENTS PROJECT ($5.1 Million)

Congressional appropriations are needed to fund a pond system upgrade project that will ensure
safe treatment and disposal of wastewater for another generation of community growth. Without
the completion of this project, public health and environmental threats will continue to grow as
the permit limits are violated and the stream environment and downstream beneficial users of
stream are affected. In addition, the Lame Deer community (the trade center of the Northem
Cheyenne Reservation) will not accommodate any growth in community services or in housing
without the completion of the wastewater pond improvements.

‘The Indian Health Service developed the conceptual plan for this project by evaluating four
alternatives and determining the following as the most viable and cost-effective solution

The proposed project consists of upgrading the wastewater pond system to an Advanced
Facultative Wastewater Pond System. The central part of the upgrade includes the installation of
an additional primary pond and the installation of fermentation chambers. The construction of
fermentation chambers creates a deep quiescent anerobic zone in each primary pond. By
constructing these fermentation zones and applying a high loading (minimum of 600 Ib BODs
per acre of fermentation chamber per day), methane fermentation is achieved: a biological
process which naturally digests bio-solids and the primary ponds accept a higher BODs loading
‘0f 300-400 Ib/acre/day.

In addition to the fermentation chamber construction and the expansion to two primary ponds,
there are a number of related improvements: (1) To achieve the depth needed for fermentation, it
will be necessary to raise the dikes and thereby increase the depth of the entire primary pond
system to 15.5 feet including freeboard allowance. The water table level has been documented
by IHS at a depth of eight feet in construction zone, making excavation of the fermentation pits
impossible. Therefore, raising the dikes is proposed with the construction of a treated timber box
which will serve as the fermentation chamber in each of the primary ponds, (2) Raising the dikes
and modifying the transfer structures will raise the wastewater collection system. Without
action, there would be a considerable hydraulic backup problem. A lift station will be
constructed to provide an inlet to the wastewater collection lines currently entering the pond
system. One central collection point must be established for all incoming wastewater at the lift
station location; (3) A zone of aeration is required in the top vertical meter of the two primary
ponds and at the head of the secondary pond. The aeration in the primary ponds serves as
additional protection against obnoxious odors from the anaerobic zone below. The methane
fermentation itself is the first level of protection against odors - methane is an odorless gas and
by providing the fermentation chamber, this type of odorless fermentation can be achieved. A
battery of aerators will be installed in both primary ponds and a smaller contingent of aerators in
the secondary pond; (4) To eliminate short-circuiting, the existing transfer structure between
Ponds 2 and 3 will be abandoned and a new transfer structure installed to route the wastewater to


56

legislation that re-establishes Indian tribes regulatory and taxing authority. Further,
Congress should re-evaluate the federal funding scheme for Indian tribes in order
to address the current funding inequities.

Again, thank you for allowing me to testify here today. I am happy to

address any question you may have.


18

taking the time to schedule this hearing to seek our views, and we
also appreciate the many hours and days that you've spent visiting
Indian country.

I am accompanied today by Anna Whiting Sorrell, who is the di-
rector of our Office of Support Services, and Mr. Chairman, I would
ask your permission if she could join me at the witness table. She
has intimate knowledge of self-governance and the health care
issues that we will be discussing today.

There are many issues that we could bring to your attention
today, but we are going to focus on Indian health care in general,
and a particular aspect of tribal contracting within the Indian
Health Service. First, I wish to address a particular problem for
tribes assuming management of health programs with the IHS
wherein we believe contracting tribes are being treated in a dis-
criminatory fashion by IHS As you know, under the Indian Self-De-
termination Act, an Indian tribe can contract with the Indian
Health Service to provide health care delivery the IHS would other-
wise be legall: obli ated to provide. Some tribes contract, while
others allow IHS to directly operate their clinics or hospitals.

Flathead’s health care delivery system is unique in Indian coun-
try. No other CHS-dependent tribe has a reservation in excess of
one million acres and a population of over 10,600 IHS-eligible bene-
ficiaries. Most service units serving such a large user population
provide care through their own doctors at their own hospitals or
clinics. In these locations, only the most serious cases are referred
to the private sector for treatment, which is then paid for with
CHS funds.

Congress has appropriated catastrophic health emergency funds,
or CHEF, to assist IHS in the payment of extremely high-cost CHS
cases. The CHEF fund, by law, is managed by IHS headquarters
which sets the operating policies and procedures. When health care
costs for a single incident are extraordinarily high, for an auto acci-
dent or a surgery for instance, and exceed the threshold amount of
$20,800 the tribes or service units are reimbursed with CHEF
funds. But because the CHEF fund is underfunded, IHS usually
runs out of money about the 10th month of the fiscal year, forcing
tribes and IHS to look for other resources to pay for these nec-
essary costs.

When a tribe operating its own program under the contract has
a case that would normally qualify for CHEF funding reimburse-
ment and the national fund has run dry, that tribe is told that it
is out of luck and must either pay for the doctor bill themselves,
or stall the hospital and pay for it with the next year’s fiscal funds.
However, when a service unit being run directly by IHS has a case
that would qualify for CHEF, at the same time of year when the
CHEF funds are gone, IHS simply reimburses the hospital with
other IHS dollars, generally from pooled CHS funds either region-
ally or nationally.

This is simply unfair to tribes that contract, and we believe it’s
contrary to Congress’ intent and to the spirit of the Indian Self-De-
termination Act. In fact, having to take on this unmanageable risk,
combined with insufficient allocation of funding by IHS, caused
Flathead to become within a hair of retroceding our entire health
care compact back to IHS just last month. And I would like to Ac-


AT

JULY 12, 2001

TESTIMONY TO THE UNITED STATES SENATE
COMMITTEE ON INDIAN AFFAIRS

PRESENTED BY PRESIDENT GERI SMALL

NORTHERN CHEYENNE TRIBE
LAME DEER, MONTANA

My name is Geri Small. 1 am a member of the Northern Cheyenne Tribe and
am the President of the Northem Cheyenne Tribe. I would like to thank the
members of the Committee on Indian Affairs for allowing me to testify here today.

The Northern Cheyenne Indian Reservation is located in south-central
Montana approximately 90 miles southeast of Billings, Montana. The Northen
Cheyenne Reservation’s western boundary is contiguous to the Crow Reservation.
Our Reservation is comprised of approximately 455,000 acres of which 99% is
held in trust for the Northem Cheyenne Tribe. The Northern Cheyenne Tribe is
comprised of over 7,900 Tribal members of which over 4,100 reside on our
Reservation. The total population of our Reservation exceeds 7,000 people. The
Tribe also serves many Tribal members that live just outside our Reservation
boundaries because they are unable to obtain housing on the Reservation. The
unemployment rate on our Reservation is at constant 65%.

The Northern Cheyenne Tribe has many needs, The Tribal Council and


51

has no long-term care facility, no aftercare service facility, and no detoxification
facility. People that need medical detoxification are often given medications and
the emergency room and sent home. In order to address these problems, the Tribe
requests funding for adult treatment service and a detox facility.

The Tribe, as outlined in the Reports, is also requesting $5,000,000.00 for a
Disease Preverttion Program and Facility and $350,000.00 in funding for the
Tribe's Rosebud Lodge Emergency Shelter For Children,

Housing Needs

The Tribe has over 700 families waiting for a home on the Northem
Cheyenne Reservation. At the rate the Tribe is presently funded under
NAHASDA, it will take thirty-five years to provide these families a home. This
critical housing shortage is exacerbated by the shoddy construction of older homes
built by unscrupulous contractors. There are hundreds of houses with foundation,
roof, and other basic construction deficiencies which have shortened the life of
these homes. Federal funding for housing on the Northern Cheyenne Reservation
is grossly inadequate. The Tribe requests an additional $4,000,000.00 in funding
annually to meet present housing needs.

Development of Irrigable Lands

The Tribe desires to irrigate lands within the Reservation and utilize its


80

Our public services and facilities are
grossly deficient.

We receive no share of the vast royalties
and taxes generated by the development
surrounding us.

There is no tax base on the Reservation to
generate funds to address our needs.

When left to their own devices, off-

_ Reservation mines and power plants do not
employ Northern Cheyennes, even though we
are the largest and most needy community
in the region, with the most readily
available workforce (our unemployment rate
currently hovers around 70%).

Despite long-standing and diverse efforts,
we have been unable to generate
appreciable economic development on the
Reservation.

As development proceeds around us, the
gross disparity in quality of life between
us and our off-Reservation neighbors grows
wider and wider.

b. Physical and Cultural Conditions. In
addition, we are uniquely vulnerable to the physical
impacts of surrounding coal-related development because
of our traditional beliefs and values. Our culture is
entirely different from that of our neighbors. We
believe that all living things are sacred. Our
connection with our land and culture is of transcendent
importance. These traditional values extend beyond the
technical boundaries of our Reservation, to lands to


142

Se as

orn | THE WALL SPREE? JOURNAL J

Inheriting the Wind

Indian Tribes Look t0 Tap
Energy Source for Income;
‘Sweet Irony’ on History

‘oping wind power, are just one of more than a
dozen economically depressed tribes hoping 10

‘ABB, take advantage ofthe recent energy crisis. Ris:
{treaty withthe U.S. in 56, the Blac Ing prices and eehnojogy improvements have
feet Indians have been driven fom & ‘made wind power a practical frm of energy 10
vast some of Montana's 5 fuel, nuclear and
‘est lands to a desolate reservation Because wind s intermittent,
ear ian border that offers ever, wind) only about athird

flion homes, bai ma

REGIONAL sre trom mining arm would pore oly
andgeveup 8 ‘ou Beco homes

REPORT _ te Rocky "onic some Indian tres were cvento

Mountains. Bu the wibesllhad plenty of ale a much aS milion a_year in jqqancaly.comelndan bes creep

Wind and row hopes to make i ay Prof~equvaent to about hate tribal bud. HME aces wher wind Som f fey
‘Near this tiny hamlet of 200 people, atop a get—for this impoverished reservation, where acres on six Indian reservations were flooded

milehigh ridge where the wind sweeps in unemployment is mare than fk. ‘by the construction of Missourt River dams be-

Uivougha rapin the mountain, tbe Binkfect, “The gvertnent pushed 12 UMS area een Stand Ih, washing tay pie

a8
= whlch they thought was of no value,” says Earl and leaving tribes with "badlends,Ohlfs and
of San Diego, are developing what would be Old Person, the T2year old tribal chairman, lope,” says Tex Hal, chairman of the Tare
{he fret commercial wind power project on an “But now we see there i something of value” Affated vibes ofthe Port Berthold Reserva:
Indian reservation. ‘The Blackfet, wile furthest alone in devel Pls Tarn to Pr BS. Cohomn Fy


EXHIBIT C
Ly al Exchange Areas on Reservati.



13

during the negotiation process involving the Crown Butte mine
buyout. There are many legal problems the tribe has identified
with the proposed transfer. It is difficult for the tribe to understand
how the Btate has compensated for speculative benefits, as it has
allegedly lost as a result from the cancellation of the Crown Butte
mine permit. Because the tribe has never been involved in the
process, the tribe’s impact and mitigation concerns have never been
addressed. The tribe hereby requests the assistance of the commit-
tee in impressing upon the Secretary of the Interior the need to en-
gage in a dialog with the tribe that will ensure the tribe will be
treated fairly. The tribe is interested in discussing with the com-
mittee some ideas for legislative solutions that will help the North-
ern Cheyenne Tribe and other tribes in similar situations.

The State is also aggressively pursuing coalbed methane develop-
ment on and around our reservation. The tribe is deeply concerned
about the impacts to the groundwater and surface water located
underneath and on the reservation. The tribe is requesting $8.5
million over a 5-year period to develop a baseline data and to ana-
lyze and monitor the coalbed methane development impacts. The
tribe made an identical request in testimony on March 10, 2001 be-
fore the Subcommittee on the Interior and Related Agencies Com-
mittee on Appropriations for coalbed methane development impact,
sponsored by Senator Conrad Burns, but we have yet to receive a
response.

cconomic development—the tribe is deeply interested in inves-
tigating the feasibility of developing alternative energy projects.
The tribe is especially interested in determining the feasibility of
a biomass project that would consume forest waste products, but
would also like to explore the feasibility of other waste products for
alternative energy projects using the wind and filler and hydro re-
sources to assess the feasibility of these projects. We must retain
well-qualified professionals in relevant disciplines. The tribe esti-
mates that the cost will be approximately $500,000 over a 5-year
period.

In conclusion, I realize that I have asked for a great deal of fund-
ing. However, the current system of the Federal funding for Indian
tribes does not adequately address tribal needs on an annual basis.
Coupled with this funding disparity is the Supreme Court’s recent
decisions eroding tribal sovereignty. These decisions will force
tribes to be more dependent upon the Federal Government for
funding because tribes have lost jurisdiction to regulate and tax
right-of-ways within their reservation boundaries. The tribe re-
quests Congress to enact legislation that reestablishes Indian
tribes’ regulatory and taxing authority. Furthermore, Congress
should reevaluate the Federal funding scheme for the Indian tribes
in order to address the current funding inequities.

Again, I thank you for allowing me the time here to testify before
you. I am happy to address any questions that you may have.

Thank you.

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

The CHAIRMAN. Madam President, I thank you very much. Before
I proceed, I would like to assure all of the witnesses that your full
statements will be made part of the record.

May I now call upon Chairman Posey.


137

_ Eanion & ~

Zor. —f US West's Riverton Exchang. ea
US WEST COMMUNICATIONS RIVERTON, WIOKDC
Wrong EXCHANGE AREA

f . ——— Poundary of Exchange Ares
aoe ars . oo
: ay Pare
: zy
H enka fs Bee
7
t ane age

; PES

TSSUSD: JAN 2 5 1991 . EEFECTIVE: APR 1 1901.



55

Subcommittee on Interior and Related Agencies Committee on Appropriations for
Coalbed Methane Development Impacts sponsored by Senator Conrad Bums but
has yet to receive a response.
Economic Development

The Tribe is deeply interested in investigating the feasibility of developing
alternative energy’ projects. The Tribe is especially interested in determining the
feasibility of a biomass project that would consume forest waste products but
would also like to explore the feasibility of other alternative energy projects using
wind and solar and hydro resources. To assess the feasibility of these projects, we
must retain well-qualified professionals in relevant disciplines. The Tribe
estimates that cost will be approximately $500,000.00 over a three-year period.

CONCLUSION

This concludes my testimony. I realize that I have asked for a great deal of
funding. However, the current system of federal funding for Indian tribes does not
adequately address Tribal needs on an annual basis. Coupled with this funding
disparity is the Supreme Court's recent decisions eroding Tribal sovereignty, These
decisions will force Tribe's to be more dependent on the federal government for
funding because Tribe's have lost jurisdiction to regulate and tax right-of-ways

within their Reservation boundaries. The Tribe requests Congress to enact


2

ciate that this committee has stepped forth to listen to the concerns
of so many tribal leaders.

1 want especially to note that we are joined today by Ivan Posey,
chairman of the Shoshone Business Council and a representative
of the Northern Arapaho Tribe. We work closely, with both these
tribes. They have some unique problems, some of them simply due
to size of the population. I’m particularly interested in irrigation
projects that need to be worked on in order to give opportunities
to these tribes.

Mr. Chairman, thank you and I look forward to hearing the testi-
mony.

The CHAIRMAN. Thank you very much. Our first_panel consists
of the chairman of the Arapaho ‘Business Council, Fort Washakie,
WY, Anthony Addison, Sr.; the chairman of the Chippewa Cree
Business Committee, Box Elder, MT, Alvin Windy Boy, Sr., who
will be accompanied by Bruce Sunchild, vice chairman of the Chip-
pewa Cree Business Committee; and the chairman of the Fort
Belknap Community Council, Harlem, MT, Joseph McConnell. Will
those gentlemen step forward?

Chairman Anthony Addison, Sr., Chairman Alvin Windy Boy,
Sr., and Chairman Joseph McConnell.

May I first call upon Chairman Addison.

STATEMENT OF IVAN POSEY, CHAIRMAN, SHOSHONE COUN-
CIL, FORT WASHAKIE, WY ON BEHALF OF ANTHONY
ADDISON, Sr., CHAIRMAN, ARAPAHO BUSINESS COUNCIL

Mr. Posey [reading Chairman Addison’s statement].

Good morning. My name is Anthony Addison. I currently serve as the chairman
of the Northern Arapaho Tribe—on the Wind River Reservation—which we share
with the Shoshone Tribe. The reservation consists of 2.3 million acres. The main
economy largely consists of agriculture, oil, gas, development, tourism, and small
business. And I want to thank the committee for providing us this time to talk
about our testimony.

‘The Northern Arapaho enjoys a special relationship with the Federal Government
that no other group in America has. Historically, the relationship between the
Northern Arapaho and the Federal Government has been expressed through the
language of treaty and law. Further, this relationship was specifically founded in
the United States’ Constitution as guaranteed through acts of Congress.

It is the right of the Northern Arapaho to organize and be recognized by the Fed-
eral Government as a separate and distinct political entity that has a direct rela-
tionship with the U.S. Government. Tribal input and participation is required in the
development of all Federal policies which directly affect the lives of American Indi-
ans.

The areas of concern that 1 would like to talk about—I'll begin with our health
needs and unmet needs. These are concerns that we have: Diabetes, dentistry, podi-
atry, optometry, injuries-accidents, cancer, alcohol and substance abuse, mental
health in adult and youth or residential treatment center, heart disease, poor envi-
ronmental living conditions, sewer, water, elderly care, infant care, immunizations,
well-child clinics et cetera, women’s health care, men’s health care, transportation,
Medicaid, Medicare, more dialog and understanding with HCFA, traditional medi-
cine, school-based health programs, HIV-AIDS prevention and education, bureau-
cratic procedure, access to interstate regulations curtailed, unfunded mandates,
more contract health dollars, Federal functions, urban Indian health shares, new
and expanded health facilities, staff, dental, pharmacy, laboratory, social services
data information, building houses on the reservation and renovation, adult and chil-
dren treatments of alcohol, building for tribal health, adequate state and Federal
legislative reform.

‘hese are some of the areas that are of concern to the tribe as far as the Arapaho
Nation is concerned. We also have concerns about our tribal court system—more
support, training, education, a stronger lawyer system, scholarship programs. And


114

Nang Nation I Preis forthe 107° Congress,

for the uranium mining industry. On the surface, this appears to be a federal subsidy for
the uranium mining industry. Currently, hundreds of Navajo citizens ate sill being
affected by uranium mining that took place (in the best interest of the federal
government) on or near the Navajo Naton between the 1940s and 1980s.

‘The Senate Committee on Energy and Natural Resources is currently holding
markups on S. 597, a bill introduced by Senator Jeff Bingaman in March of 2001 calling
for a comprehensive and balanced National Energy Policy. The Navajo Nation has yet
to develop a position regarding these legislative proposals, however the Navajo Nation
will forward for your review, a copy of a finalized Navajo Nation Energy Policy when
complete. The Navajo Nation encourages members of the Senate Committee on Indian
Affairs to consider our statements on energy issues as legislation moves through the
United States Senate and into Conference with the House of Representatives.

REGULATION OF SUREACE COAL MINING

Section 503 of the Surface Coal Mining Control and Reclamation Act (SMACRA)
of 1977, allows states to regulate surface coal mining on state and federal lands.
However, Indian tibes were not given the same oppornunity. The regulation of surface
coal mining on Indian lands is vested with the U.S. Office of Surface Mining
Reclamation and Enforcement (OSM). Primacy to regulate its own surface coal mining
activities has always been a priority of the Navajo Nation. Additionally, other tribes are
very interested in primacy including the Hopi Ttibe, the Crow Nation and Northern
Cheyenne Tribe have worked together seeking funding under Section 2514 of the Energy
Policy Act of 1992 to develop tribal regulations and program policies in respect to
surface mining. All four above tribes assist OSM in the inspection and enforcement of
surface mining activities on Indian lands and sponsor employment training and
education in the areas of mining and minerals resources. Since 1996, the above Indian
tribes have collaborated on drafting primacy legislation which would provide coal

producing Indian tribes the authority to regulate surface coal mining on their respective
lands.

Te


163

‘Nang Nation Leilatie Pris for he 1078 Conrst

find other revenues and solutions to fund road maintenance. ‘The Secretary of
Transportation is authorized to withhold approval of further HTF if a recipient fails to
comply with the federal maintenance standards. Although che Transportation Equity
Act for the 21" Century (TEA-21) is authorized for construction activities, there is
definitely a need to increase its counterpart of maintaining these roads.

‘As currently reflected in federal funding, there is severe under-funding of the
DOI budget with respect to the Road Maintenance Program. ‘There has to be adequate
funding for DOI Road Maintenance Program in order to maintain investment in our
roads. The Navajo Nation asks the committee to work actively in supporting full
funding for the BIA road maintenance program.

AMENDMENTS TO TEA-21

Section 1102(¢) of Public Law 105-178 provides an annual obligation limitation
to all categories of Federal Lands Highway Program funds, including IRR. program
fands. Under this provision, the amount of funds available to the IRR program each
fiscal year is limited. ‘This impacts Indian Country severely due to a greater need by tribal
governments for such funding. ‘The obligation limitation provisions create a negative
impact on tribal transportation programs’ net results while states benefit from this
language.

‘We are grateful that Senator Campbell has introduced S, 344, the Indian Tribal
Surface Transportation Act of 2001, which would remove the so-called obligation
limitation contained within TEA-21 and would allow the already-authorized funds for
Indians to reach the intended beneficiaries. In FY 2001, imposition of the obligation
limitation diverted $34 million from the IRR program. In FY 2002, the limitation would
actually reduce the authorized funding level of $275 million by 12% (assuming full
funding is appropriated). Given Indian Country's massive infrastructure needs, the
obligation limitation is particularly inequitable; therefore, we support S. 344 and urge the
Committee to ensure that this measure is enacted into law.



72

IV. EDUCATION ($9.4 MILLION)

NORTHERN CHEYENNE EDUCATIONAL REQUEST TO SENATE COMMITTEE ON INDIAN
AFFAIRS

Encourage Congress to appropriate funding for Tribal Colleges at the level specified
in the Tribal College Bill. Our current reimbursement per Indian Student
Count (ISC) is less than half that appropriated to the state
colleges/universities for FTE enrollment. ($1.5 Million)

Funding to build 2 multi-purpose facility to house additional classrooms, offices, recreation facilities and
large group meeting areas, ($2 Million)

Funding to build student dormitories and married student housing quarters and to provide for land
acquisition for campus expansion. ($3.2 Million)

‘Additional technology funding to provide updated equipment and expanded transmission of courses to
‘outlying communities. ($500,000)

Funding to build an early childhood education center, which would house both day care facilities for
students as well as experiential classrooms for degree programs. ($1.2 Million)

College Scholarships. ($1.25 Million)

TOTAL:$9.65 Million


APPENDIX

ADDITIONAL MATERIAL SUBMITTED FOR THE RECORD

PREPARED STATEMENT OF BRUCE SUNCHILD, VICE CHAIRMAN, CHIPPEWA CREE TRIBE
OF THE Rocky Boy's RESERVATION

Good Morning Mr. Chairman, Mr. Vice Chairman, and distinguished members of
the Committee on Indian Affairs. My name is Bruce Sunchild, vice chairman of the
Chippewa Cree Tribe of the Rocky Boy’s Reservation in Montana. I serve as the
tribal cochair of the Tribal/Department of the Interior Water Funding Taskforce.
The Tribal/DOI Water Funding Taskforce was formed in the last administration as
an entity that could bring together Indian tribes and involved Federal agencies to
examine alternative methods of funding Indian Water Settlements. We are pleased
to have been joined in this effort by the Ad Group on Indian Water Rights. As this
committee is aware, the Ad Hoc Group was established jointly by: The Western Re-

ional Council, the Western Governors’ Association, the Native American Rights

ind and the Western States Water Council. Recently the Office of Federal Affairs
for the State of New York has joined this group because of that state’s particular
interest in pending Indian land claims. The Ad Hoc Group has held a number of
successful briefings for congressional staffers who want to learn more about Indian
Water Rights Claims and Settlements and the need to figure out a method of fund-
ing these settlements.

‘o that end I lend my strong support to the draft proposal by Senator Domenici
of New Mexico that is known as the “Fiscal Integrity of Indian Settlements Protec-
tion Act of 2001”. This legislation will amend the Budget Act and permit an adjust-
ment to statutory discretionary spending limits for appropriations for authorized In-
dian land and water settlements. This will create room within the budget for the
funding of Indian land and water settlements in a manner that will not be det-
rimental to ongoing annual Indian Programs, This is the route recommended by
both the Tribal/Interior Water Funding Task Force and the Ad Hoc Group on Indian
Water Rights. It is essential that the Domenici language becomes law this year and
T extend mi deep appreciation to those members of the Senate who have agreed to
cosponsor this bill or amendment.

A top priority of the Chippewa Cree Tribe for this legislative session is the “Rocky
Boy’s/North Central Montana Regional Water System Act of 2001” as introduced by
Senators Burns and Baucus and Congressman Rehberg on May 22, 2001 as S. 934
and H.R. 1946. The legislation, among other things, requires the Secretary of the
Inte! to: Construct the Rocky Boy's North Central Montana Regional Water Sys-
tem in the State of Montana, to offer to enter into an agreement with the Chippewa
Cree Tribe to plan, design, construct, operate, maintain, and replace the Rocky y's
Rural Water System, and to provide assistance to the North Central Montana Re-
gional Water Authority for the planning, design, and construction of the noncore
system. This is a joint effort between the tribe and the non-Indian communities of
North Central Montana.

North Central Montana is an and region with less than 12 inches of rainfall per
year and we are currently experiencing our 6th straight year of drought in this re-
gion. The Chippewa Cree Tribe is in critical need of adequate drinking water for

(27)



10

Rosebud Lodge Emergency Shelter for Children
(5350,000 a year for operating needs)

The Tribe has established the Rosebud Lodge Emergency Shelter to provide emergency care for
children removed from their homes by the Social Services department. Since its inception, the Lodge has
taken in approximately one thousand children. The children range from infancy to twelve years of age, and
the length of placement is short tera

‘The Rosebud Lodge is a Montana State licensed foster home currently capable of taking six
children, but isin the process of upgrading its license to be eligible to take twelve childrea, The Lodge is
always filled to capacity because one ofthe problems that exists is there are not enough foster homes on
the Reservation in which to place children temporarily

Currently, there ate five permanent house-parents and funding is available to employ three
substitutes However, to filly satisfy staffing to meet the proposed licensing requirements, would take an
average of twelve permanent house-parents, with two subsnitutes.

‘The weakest area

the high turnover rate of house-patents, The mayority of the children placed
in the Lodge ate emotionally, physically and sexually abused. This requires house-parents to be qualified,
experienced and mentally, physically and emotionally capable to deal with these special children, The
entry salary for a house-psrent is approximately $7.50 an hour. A similar shelter operated by the St. Labre
Indian School, in Ashland, Montana offers salaries for house-parents starting at $24,000 per year. This
factor makes t even more difficult to keep qualified and dependable house-parents employed atthe
Rosebud Lodge.

The Rosebud Lodge requires staff twenty-four hours a day seven days a week, even on holidays
‘Thete are three work shifs during the weekdays and two on the weekends. The weekend shift requires
‘employees to work up to sixteen hours.

Another difficulty is finding reliable substitute house-parents to allow permanent employees 0
take time off We are committed 10 meeting the needs ofthe children placed in the Lodge and the Director
of the Lodge goes over and above her job requirements, working night and weekend shifts without
complaint

To fully meet the needs of our Northern Cheyenne children in need of emergency care we are
requesting $350,000 ta provide competi

ve salaries for qualified individuals employed as house-parents
‘This amount will also cover the purchase of food, wl

tes, telephone services and extra playground
equipment


146

[Nange Nation Lgiltioe Pirie forthe 107* Cans

provided that consultation is well defined to ensure success in the development of a
comprehensive and meaningful Indian funding policy that supports uibal self:

government and self-determination while fulfilling the obligations the United States has.
undertaken to Indian people.

We believe that by involving the Navajo Nation and other Indian Nations in the
formulation of annual federal budget proposals, true govemment-to-govemment
consultation is achieved. Tribal involvement in the budget process creates better dialogue
between federal agents and tribal representatives, resulting in a better understanding by
federal agencies of the unique budgetary needs of tribal governments. Consultation
allows tribal governments to participate in important decision-making activities that
Gireely impact their own communities. And, direct input from tribal governments
promotes and respects Indian self-determination.

To some degree, the Navajo Nation’s request for tribal involvement in the federal
budget development process has been met favorably by vatious federal agencies;
however, more agencies must be involved in this type of consultation. ‘The agencies
‘which need to obtain direct input from tribal governments include, but are not limited to
the Department of Agriculture, Department of Commerce, Department of Education,
Department of Energy, Department of Health and Human Services, Department of
Housing and Urban Development, Department of the Interior, Department of Labor,
Department of Veterans Affairs and the U.S, Environmental Protection Agency.

‘The Navajo Nation participates in the budget development activities with the
Bureau of Indian Affairs (BIA), the Department of Health and Human Services (HHS)
and the Indian Health Service (IHS). However, the Navajo Nation is concerned that
these activities are conducted under processes which hinder a fair and equitable share of
resources, The Navajo Nation recommends a process that utilizes needs-basis criteria to
determine allocation of dollars. The Navajo Nation is often asked to consent to budget
policy that is “consensus-based” and that does not apply sound budgetary logic. This
consensus-based spprozch does not benefit any tribal government.



along the roadways.

The Tribe is proposing the development of an enclosed modernized solid waste
transfer facility to address many of the current problems. This facility, once
constructed will allow the Tribe to monitor and control its solid waste stream, The
enclosed compactor station and bailer system will prevent the scattering of solid
waste by animals, humans, and through natural elements. Also, open burning of
solid waste canister contents will be eliminated as individuals monitoring the
facility will be able to quickly identify and extinguish any fires that may occur.
Additionally, the facility will allow for the sorting and recycling of solid waste
materials and thus reduce disposal costs at the County Landfills. This plan is being
developed in order to provide for the operation and maintenance of a modernized
solid waste canister transfer station upon the completion of its construction.

‘The conceptual plan for this project was developed by evaluating four altemative
and the following was determined the most viable and cost-effective solution.

The proposed project consists of constructing an enclosed facility with a compactor
system for the disposal of household solid waste materials. A baler system would
also be housed within the facility along with a scale to provide customers with the
opportunity to recycle aluminum cans and paper products. Within the exterior
perimeter of the facility several areas will be sectioned off to allow for the sorting
of solid wastes. Areas will be set up to receive things such as tires, yard wastes,

. appliances, concrete, asphalt, used oil used antifreeze, used car batteries, and
furniture. Appliances, scrap metal, oil, antifreeze, and car batteries will be recycled.
Funds received from recycling activities would be revolved into an account to help
defray the maintenance and operation costs of the Tribe, and to pay residents for
their aluminum cans.

Curbside service will be the primary method of garbage collection. Reservation
households will be provided with 90-gallon roll out containers which will be picked
up by a rear-load collection truck, Each of the five reservation communities will be
serviced at least once a week or more once the waste-loads for the communities has
been determined. The wastes that are collected from the communities will be
brought into the station and will be dumped into the compactor system. Once the
compactor containers are full, they will be hauled to the County landfill for

2


20

tribal people have served in defense of this country. But the com-
parison of health-related funding levels cannot be overlooked. We
are asking this committee’s support for increased funding. It is
time that Congress stopped just acknowledging the funding in-
equity and took action to finally rectify it and bring parity to In-
dian tribes.

Thank you.

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

The CHAIRMAN. I thank you very much,

I would like to yield to a very distinguished warrior of the North-
ern Cheyenne Tribe.

Senator CAMPBELL. Thank you, Mr. Chairman. First, to all of our
people who testified, I would draw your attention to this morning’s
Wall Street Journal. There is a very interesting article in here
about Indian tribes who are beginning to recognize the potential of
the energy crisis, as I mentioned a while ago. And this story is
about the Blackfeet—actually that’s Earl Old Person who many of
you know on the front—that have entered into an agreement with
a company in San Diego to build wind turbines. And they estimate
that those wind turbines are going to make them about $2 million
a year profit and be able to supply energy for 22,000 homes.

The story goes on to say that 11 tribes in South Dakota under
the leadership, as I understand it, of Tex Hall of the Three Affili-
ated Tribes, have formed a consortium to do that, to try to work
agreements to supply more energy. I just bring that to your atten-
tion because there's no shortage of wind in Montana or Wyoming,
either one. The Wind River Reservation didn’t get that name by ac-
cident.

So you might look into that as an opportunity, because I think
there are lots of opportunities out there for Indian people that have
some business acumen. And I might mention to the people that are
here from Flathead, I think that part of the wonderful business
acumen that the Flathead Tribe has developed is perhaps because
for years and years some of your what are now called ’elders’ like
Doug Allard spent many years in California, and he was a very,
very good businessman out there. I think people who came back to
the reservation who had a lot of business acumen has really helped
the Flatheads. He’s an old personal friend of mine. You might say
hello for me when you see him.

Let me just ask Geri Small, we had talked about this earlier. She
came into see me this morning Bretty early, and she told me about
this Otter Creek problem, Mr. Chairman. But I wasn’t totally clear
at it, and I am still not totally clear. And I would like to ask her
some questions so I can get it on the record, and also so that you
and I both could understand a little better. But as I understand it,
Geri, the Federal Government and the State of Montana entered
an agreement. But they entered an agreement the tribe was not
aware of. Is that correct?

Ms. SMALL. Right. Also, we weren't consulted and there was no
negotiations between Secretary Babbitt at the time and Marc
Racicot, Governor of Montana. There was no negotiations there.
There should have been.

Senator CAMPBELL. And it concerns a tract of land under which
lies a seam of coal.


37

private sectors in relation to information technology. Among these projects are digital
imaging process, telecommunications projects, resource development as well as other
programs, Any assistance that could be given to help us develop those projects would be
appreciated.

‘Water is always a great concer to our Tribe. We not only need to maintain our existing
‘water rights; we need to improve and develop our irrigations systems so we can put that water
to beneficial use. We support the Domenici Bill

Our road systems need improvements. Roads in Indian Country in general are the worst
in the United States. We need cooperation with the government at all levels- Federal, State
and County- (o help improve and maintain our roads.

I would like to thank you for this opportunity to speak with you about some of our areas
of concem. We look forward to working with you to address these issues.


187

‘Nani Neton Leite rts orth 107 Congress,

support appropriations for tribal justice systems so that the unfortunate “authorized, but

not appropriated” experience of the last eight years is not replicated.

In particular, the Navajo Nation seeks the support of this Committee in securing
FY2003 funding for the following:

‘PERSONNEL

The Navajo Nation court system cannot provide competitive salaries to attract
‘qualified Navajo law school graduates. However, personnel needs extend far beyond
attorneys. To fill unmet personnel needs of the Navajo Nation Judicial Branch, funding
for the following positions are needed: 7 District Deputy Court Clerks, 5 District
Probation Officers, 1 Financial Specialist 1, 3 Secretaries Hl, 7 District Court
Accountants, 4 Staff Attorneys, 1 Law Clerk, and 2 District Court Judges

‘MODERNIZATION AND TRAINING

‘A major effore of the various entities that comprises the Navajo Nation Criminal
Justice System has begun to improve communication, collaboration and cooperation.
‘One goal is to improve data sharing through use of an integrated information system.
However, to achieve this goal, additional hardware, software and personnel are needed.
‘Additionally, the communication infrastructure needs to be substantially upgraded. As a
result, personnel will need training to ensure they are knowledgeable in operating the
software, thus allowing for the most practical and effective means to fulfill the needs of
the Navajo Nation Criminal Justice System.

INFRASTRUCTURE

‘The Navajo Nation Supreme Court and the Administrative Office of the Courts,
are housed in dilapidated trailers. Aside from the severe limitations that these conditions
impose on the Courts’ work, the Navajo Nation Supreme Court has no dignified and
proper place to conduct its public deliberations. ‘These circumstances demand the
immediate attention of Congress. Moreover, most Navajo Nation district courthouses



57

ILY 12, 2001

Northern Cheyenne Tribal Appropriation Request to
The Senate Committee on Indian Affairs :

L. Reservation Public Facilities Needs
1. Public Water System ‘$500,000

2 Lame Deer Wastewater Pond and Municipal Sewer
Treatorent Facility $5.1 million

3 Lame Deer Solid Waste Canister Transfer Station Project ‘$750,000
4. Fire Protection Program $650,000

Il. Healthcare Needs

1. Diabetes Treatment and Prevention Facility and Services $1,032 million
2. Disease Prevention Program and Facility $5 million
3. Mental Health/Atcohol and Drug Abuse $1.1 million
4, Rosebud Lodge Emergency Shelter for Children $350,000
TH. Housing ‘4 million
IV. Education $9.4 million
V. Development of Irrigated Lands Funding Requirements $2 million
VL. Tribal Judicial Branch and Justice System $8 million
VIL. Off-Reservation Fossil Fuel and Coal Bed Methane Development $8.15 million
VIII. Economic Development — Alternative Energy Development $500,000

TOTAL: $46,532,000


23

on some national legislation in terms of our discussions with the
State of Wyoming have not moved forward as we would like to see
them.

The CHAIRMAN. So the State taxes and you tax the same source?

Mr. Posey. Yes.

The CHAIRMAN. And you pass it on to the consumer?

Mr. Posey. The producers pass it on to the consumer.

The CHAIRMAN. And you are now working on an amended tax
agreement with the State?

Mr. Posey. Yes; one of the discussions we have kind of thrown
around is the tribes going into operating agreements. That way, it
cuts out the tax that the State could impose. But again, some of
our biggest roadblocks is the BIA because they feel if the tribes
only go on operating agreements and if it’s not a lease, whether it’s
a 38- or 82-lease, they would have no authority or regulation over
an operating agreement as opposed to a lease.

The CHAIRMAN. Have you discussed this matter with the new as-
sistant secretary?

Mr. Posey. No; I haven’t, Senator.

The CHAIRMAN. Would you submit a separate report on this tax
problem to the committee? We would like to study that. And if you
do have any ideas about proposed legislation, will you also list
those? It would be very helpful.

Mr. Posey. Yes; we will, Senator.

The CHAIRMAN. And now if I may call upon the vice chair of the
Salish-Kootenai Tribe. When the tribe was told that there were no
more catastrophic health emergency funds, what other funding re-
sources were available? Was there anything else available?

Ms. HAMEL. We would have to go into our own tribal funds.

The CHAIRMAN. Now, you have had, as far as you are concerned,
very little cooperation from the Indian Health Service on this mat-
ter?

Ms. HAMEL. We have been working closely with IHS this past
year. And I believe that we have come to an understanding that
we will continue the funding agreement, but we have to discuss the
issue of managed care, and that would include this risk of the
CHEF cases.

The CHAIRMAN. Do you believe that legislation is required to ad-
dress your problem?

Ms. HAMEL. I believe that’s why we are here today, and actually
have requested it in addition in the appropriations language, al-
though I don’t think it made it through the Senate. As many of you
are probably aware, CSKT came very, very close to retroceding the
entire IHS compact back to the Indian Health Service. And for
those of you that know CSKT, you are well aware that we are one
of the forefront tribes and able to manage our programs in an ex-
tremely competent manner. This whole funding issue has become
extremely difficult. This managing CHEF cases, because we are
CHS-dependent, and that means that we purchase our care on the
open market, that some major cases—you know, a case can go to
$200,000 very easily in the medical world today in two or three
weeks. If we are not able to get reimbursed by that, it really could
bankrupt the tribe very quickly.


144

COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE.
‘TESTIMONY OF THE NAVAJO NATION
ON

LEGISLATIVE PRIORITIES FOR THE 107th CONGRESS

‘Mr, Chairman, Mr. Vice Chairman and Members of the Senate Committee on
Indian Affairs, I am Kelsey A. Begaye, President of the Navajo Nation. On behalf of
Vice President Dr. Taylor McKenzie, Speaker of the Navajo Nation Council Edward T.
Begay, and Chief Justice of the Navajo Nation Supreme Court Robert Yazzie, 1 am
submitting for the record, the Navajo Nation’s statement on ptincipal legislative
priosities for the 107th Congress.

‘This statement addresses critical issue areas affecting the Navajo Nation, as well
as other issues that would assist the Navajo Nation and other Indian Nations toward a
path of true self-sufficiency. ‘The Navajo Nation respectfully requests the support of this
Committee in addressing the Navajo Nation’s immediate and furure concerns, as well a5
assistance in the implementation of ous long-term goals and objectives.

‘At the outset, I note for the Committee the unified view of the Navajo Nation as
to the two overriding principles which guide the Navajo Nation leadership:

(1) preservation of Navajo culture, tradition and language; and

Q) preservation, protection and enhancement of Navajo Nation sovereignty.


90

TESTIMONY OF
IVAN D. POSEY, CHAIRMAN
SHOSHONE BUSINESS COUNCIL
OF THE
EASTERN SHOSHONE TRIBE
OF THE
WIND RIVER RESERVATION
ON THE GOALS AND PRIORITIES OF THE
MEMBER TRIBES OF THE.
MONTANA WYOMING TRIBAL LEADERS COUNCIL
FOR THE
107" SESSION OF THE CONGRESS

‘Suly 12, 2001

My name is Ivan Posey. I am Chairman of the Business Council for the Eastern Shoshone
‘Tribe of the Wind River Reservation in Wyoming. The Tribe appreciates the Committee’s request
for input on the goals and priorities of member tribes of the Wyoming Montana Tribal Leaders
Council. The Tribe looks forward to working with the distinguished Senators on the Committee,
including our own Senator Craig Thomas, to move these priorities forward.

The Eastern Shoshone Tribe has 3,500 members. Our Reservation was established by a
Treaty with the Shoshone Tribe on July 3, 1868. The Wind River Reservation contains 2.4 million
acres in west central Wyoming, We are the only Reservation within the State of Wyoming. Our
Reservation is shared with the Northem Arapaho Tribe. The Reservation has approximately 7,000
American Indians and 9,000 non-Indians.

For the leaders of the Eastern Shoshone Tribe, the number one priority is to ensure that our
youth and young adults have opportunities for the future. To provide these opportunities will not
be easy, The high school graduation rate for Indian people is 65%. Our infant mortality rate is
150% higher than the national average. The median age of our reservation residents is 25 years of
age. On the Wind River Reservation, the unemployment rate is 46%. The median household
income is $11,290 compared with $33,197 for other residents of our state. One third of our
dwellings have more than one family living in the home.

Our Tribe needs the tools to create quality living conditions on our reservations. We do not
seek a handout, but seek a level playing field so that as sovereigns we can create a climate for
‘economic development on a level playing field with states and local governments. For example. the
Tribes on the Wind River Reservation generate $128 Million in economic activity and 1600 jobs
within Fremont County, Wyoming. However, of the $15 million collected each year by the State
of Wyoming in severance taxes each year from our resources, only $9.7 comes back in the form of
State funded services. We are clearly contributing, but not benefitting from our own resources. Our

TESTIMONY OF IVAN D POSEY. CHAIRMAN, EASTERN SHOSHONE TRIBE
(ON THE GOALS AND PRIORITIES OF THE 107TM SESSION OF THE CONGRESS Page 1


172

[Nang Nato Liat Pirie fr be 107 Congress

Today, the Navajo Nation seeks 10 enhance energy development within its
borders. In order to achieve this goal, the Navajo Nation has initiated steps in
developing a Navajo Nation Energy Policy to guide energy development decision
making. The Navajo Nation along with tribal enterprises, Navajo Tribal Uciiy
Authority (NTUA) and Dine Power Authority (DPA), have organized Navajo Nation
Energy Policy Work sessions, an initial meeting for Navajo legislators and Executive staff
to develop an energy policy framework. In the development of a Navajo Nation Energy

Policy, leadership will cecognize the importance of environmental and traditional
concerns of the Navajo people.

“The Navajo Nation recognizes the importance of stable delivery of electricity to
homes in America and within the Navajo Nation. ‘The Nation has consistendly
contributed to America’s growth with its energy resources. Southern California alone
receives more than 4,800 megawatts of energy generated by the Navajo Nation’s energy
resources. The Nation now wants to ensure any further development of resources will
bring stability of the Navajo Nation’s services to its people to meet the electricity needs
of growing Navajo communities,

NavaJO ELECTRIFICATION PROJECT

Currently, nearly 40 percent of Navajo homes do not have electricity, One of the
Navajo Nation’s utmost priorities is to take advantage of opportunities to provide much
needed electrical services throughout the Navajo Nation. Young Navajo children should
not have 10 put homework aside because their homes aren’t electrified. Under Title VI,
Section 602 (b) of Public Law 106-511, the Cheyenne River Sioux Tribal Equitable Act,
$15 million is authorized for Fiscal Years 2002 through 2006 with a total of $75 million.
‘This funding would take initial steps to address the critical needs of electricity
throughout the reservation. The provisions of Title VI would create a program which
has the goal to ensure that approximately 15,000 homes currently without electricity have
will have access to a reliable and affordable source of electricity by the year 2006. We



44

* Tribal communities must deal with the behaviors of diet, exercise and ability
for compliance in taking medications to address diabetes.

Tribal communities are seeing an increase in diabetes within younger

populations for the first time

Tribes are the most effective at developing their programs to best serve their

communities

The lack of adequate data about their communities limits the Tribe’s ability

to identify iocal problems and prioritize accordingly

Issue The Tribal Leaders Diabetes Committee (TLDC), an elected tribal leadership
committee, representing each of the 12 IHS areas in the nation and the IHS National
Diabetes Program continuously collaborate on diabetes policy issues affecting AVAN
‘The TLDC and the IHS National Diabetes Program have been effective advocates by
‘making aware the Congress and the agencies to the needs of Tribes in combating
diabetes, Through their combined efforts and the major efforts of ‘the Juvenile Diabetes
Association and key members of Congress, an increase in fndian Diabetes funding was
realized. The TLDC receive their support through the Indian Health Service This
support must continue so that their efforts in bringing the concerns of Tribes to the
consultation table may continue

3. Assuring that all populations have access to appropriate cost-effective care, including
promotion/disease prevention services, and evaluation of that care.

What we know.

* To achieve tight biood sugar control and prevention of complications, the

average person with diabetes takes ten prescription medications

Within the last ten years, new and more effective diabetes medications and

‘glucose monitoring equipment are available for people with type Il diabetes

* Many Indian health care sites are unable to afford these medications and
supplies Operating unit pharmacy budgets remain flat line while drug costs

increased 25% last year alone.

Using a conservative managed care clinical figure of $5,000 per patient with

diabetes/year, we can say that

Clinical diabetes treatment and management of the 80,000 AI/AN people

known with diabetes will cost $400 million per year

This $400 million would cover clinical costs only

+ In, 1996, the IHS received $1,578 per capita to care for AVAN people
compared to $3,920 per capita expended for the US general population

Issue : Tribes are utilizing public health ideals to combat diabetes, but funding is the
issue, Even with the increase in Indian Diabetes Funding, the majority of the moneys
will go to the underfunded, critical, emergent needs of direct care. Tribes know that
prevention is the key to success in fighting diabetes yet there are still insufficient levels,
of funding for diabetes prevention as well as for direct care

Alvin Windy Boy Sr

Health Disporities'Epidemiology Needs
o7vor

3


85

and facilities or the increased deficits that the
development will create. Also, the jobs and economic
opportunities that would flow from Otter Creek
development will not reach the Northern Cheyenne.

Well before enactment of the legislation, it had
been established in the Tribe’s suit against the 1982
Federal Powder River Coal Sale litigation (see para. 6
below), that the United States’ trust responsibility to
the Tribe requires that these adverse impacts be
identified and mitigated in the federal coal leasing
and NEPA processes. In complete disregard of this
trust responsibility, this unilateral transfer of
massive federal coal resources to the State, if carried
forward as apparently envisioned by the Secretary and
the State, would strip the Tribe of the essential
protections of the federal coal leasing and NEPA
processes. The coal would be developed in accordance
with State processes, which, according to the State,
provide no legal authority (under the State
environmental protection or strip-mine permitting acts)
for requiring operators to adopt mitigation measures to
address impacts inflicted on the Reservation.

4. Tribal Efforts to Address These Impacts.

a. CBM Impacts ($8.15 million needed). On an
extremely fast track, BLM and the State are preparing
an EIS to analyze and plan for the major escalation of
CBM development in areas surrounding our Reservation.
We want to make sure that this study carefully
considers potential impacts on our Tribe (which are
unique in many respects) and also develops means to
mitigate such impacts. We believe this is required by
federal statutes and regulations, and the federal trust
responsibility. For this purpose, we approached top
BLM and BIA officials in Montana and proposed that a


176

IGRAU-234-01

RESOLUTION OF THE
INTERGOVERNMENTAL RELATIONS COMMITTEE
OF THE NAVAJO NATION COUNCIL

Approving the Navajo Nation's Written Testimony to the Senate
Committee on Indian Affairs on the Goals and Priorities of the
Ni ion. 07”
WHEREAS:

1. Pursuant to 2 N.N.C. §821, the Intergovernmental Relations
Committee {s a standing committee of the Navajo Nation Council; and

2, Pursuant to 2 N.N.C. §824(B)(2), the Intergovernmental
Relations Committee is authorized to assist and coordinate all requests for
information, appearances, and testimony relating to proposed county. state
and federal legislation impacting the Navajo Nation; and

3. During the week of February 15-March 2, 2001.

representatives of the Navajo Nation met with members of the U.S. Senate. the
U.S. House of Representatives, and the Bush Administration to address crucial
issue areas affecting the Navajo Nation; and

on March 22, 2001, the Senate Committee on
Indian stairs hae held several hearings regarding the goals and priorities of
tribal governments for the 107" Congress; and

5. On July 5, 2001, the Navajo Nation requested to the Senate

Committee on Indian Affairs an opportunity to convey to the Committee its
legislative goals and priorities for the 107" Congress; and

6. The -Intergovernmental Relations Committee has reviewed
the Navajo Nation's written testimony on the Goals and Priorities of the Navajo
Nation for the 107" Congress and has determined that t would be in the best
interest of the Navajo Nation to submit the testimony for the record to the
Senate Committee on Indian Affairs.

NOW THEREFORE BE IT RESOLVED THAT:

1. _ The Intergovernmental Relations Committee of the Navajo
Nation Council hereby approves the written testimony set forth in Exhibit “A”
to be submitted to the Senate Committee on Indian Affairs.


62

3. LAME DEER SOLID WASTE
CANISTER TRANSFER STATION
PROJECT ($750,000)

Solid waste is a major concem on the Reservation. Currently three open solid
waste transfer stations serve the Reservation population, These stations are located
in Bimey Village, Busby, and Muddy Cluster. The station located near Muddy
Cluster serves the largest portion of the Reservation population located in Lame
Deer, MT.

Curbside collection is extremely limited.

The current transfer stations are not controlled or maintained due to lack of
funding. Also, the roll-off bins at the transfer stations are not emptied frequently
enough, so garbage is bumed to reduce the volume or is dumped on the ground.
People who use the transfer station and workers who empty the roll-off bins are
exposed to unsanitary conditions and risk of injury and/or illness from contact with
the scattered garbage. The uncontrolled conditions attract potential disease vectors
such as rodents and scavenger dogs. For example, rodent droppings have been
observed in an abandoned refrigerator at the Muddy Cluster transfer station, so
Hanta Virus may be of concern. Additionally, animals are responsible for the
scattering of waste materials inside and out of the transfer stations. Residents and
workers are exposed to toxic fumes from the burning garbage, and nearby residents
have expressed concem about the risks of fire spreading to their homes. Some
residents may avoid using the transfer stations because of the conditions, and this
increases the open dumping pressure in other areas.

The Muddy Cluster transfer station has become an open dump. Garbage has been
burned and buried at the transfer station. In the solid waste survey and preliminary
landfill assessment commissioned by the Tribal Natural Resource Department, the
Muddy Cluster transfer station was rejected as a potential landfill site because of its
proximity to groundwater and nearby probable wetlands.

There is no fencing at the Busby transfer station to capture windblown garbage. A.
large amount of windblown garbage is scattered around the ground nearby the
older, unfenced roll-off bin that is located on the northwest side of Bimey Village.
The fence orientation and height at the Muddy Cluster transfer station may not be
adequate to capture wind-blown waste. Windblown garbage and litter can be seen


86

special MOU be entered into among BLM, BIA and the
Tribe, which provides for the careful consideration of
Tribal impacts and mitigation in the EIS process. We
received a favorable response and then prepared a
proposed MOU (a copy of which is attached hereto). We
submitted the MOU to BLM and BIA about six weeks ago,
but to date have received no significant response from
either of them. We are concerned that, given the fast
track for the EIS, our efforts will soon be rendered
moot. We request assistance from the Committee in
assuring that these Federal agencies meet their
responsibilities to the Tribe.

If the MOU is consummated, we will do our best to
responsibly protect and advance the Tribe's interests
under it. However, we lack the financial resources
necessary to properly assess and advance the Tribe’s
interests in the EIS process. We especially need funds
to acquire necessary professional assistance in the
fields of hydrology, socio-economics and cultural
matters, and to develop essential baseline data and
establish long-term monitoring in those fields. We
estimate this will cost $8.15 million over a five-year
period. (See attached budget)

b. Otter Creek Impacts. As to the proposed
Otter Creek transfer, we fear that the Secretary may
transfer ownership of the 553 million tons of coal
without any analysis of the impacts of the transfer on
our Tribal community (or any other local community).
We believe that such an action would be legally invalid
for a number of independent reasons, and have laid out
our position in a February 22, 2001 letter to the
Secretary, and again in the attached May 30, 2001
letter to the Secretary. To date, we have received no
significant response to these letters. We request the
support of this Committee in assuring that the


121

there remain on the Reservation several outlying geographic areas
where no service exists because no single customer can afford to pay
for the up-front costs of a line extension, regardless of the possibilty
of a contribution from others who would thereafter benefit from that
line extension within the 3 year limit, and because few residents on
the Reservation have been informed of U.S. West's “Special
Assessment Charge Refund Program.”

d. Local Service Rates for Existing Customers

(1)

(2)

‘Wyoming has “uniform” state-wide average basic
local service fee of $23.10/mo. set according to the
tariffs allowed by the Wyoming Public Service
‘Commission for U.S. West customers. In addition,
State law authorizes U.S. West to impose a “distance
charge’ of up to an additional $46.25/mo. depending
ona customer's distance from U.S. West's central
office. All U.S. West Reservation customers except
those in and immediately surrounding the town of
Riverton are now considered as residing in a Zone 3
or maximum $46.25/mo. additional fee area. The
basic residentiat rate for U.S. West's Reservation
customers, then, is $23.10/mo. (basic flat-rate) +
$46.25/mo. (Zone 3 distance charge) less federal and
state universal fund credits resulting in most
Reservation residential customers being billed the
maximum-allowed-state-residential-customer-rate of
$34,81/mo, for basic local telephone service. The
Tribe predicts that these rates, recently sanctioned by
the State's Public Service Commission, coupled with
the anticipated decrease in federal universal fee
monies to the State of Wyoming (from $4 million/year
to$3 million/year according to U.S. West officials) will
greatly reduce the already low number of Reservation
households reported in the 1998 Survey as having
telephone service.

The Dubois Telephone Exchange Company (DTE)
serves a total of 2400 customers both on and off the
Reservation, the central office of which is located in
‘Dubois, Wyoming - a town located approximately 15
miles from the northwest boundary of the
Reservation. Of DTE’s 2400 customers,
approximately 100 are Reservation residential
customers located in a rural comer of the Reservation


124

2. Geography

COMMENTS:

The Reservation consists of approximately 2.2 million acres in a
configuration of roughly 50 miles by 70 miles

3. Financial Factors

COMMENTS:
State deregulation of telecommunications became effective less than 1
month ago. Prior to that, the cost of residential telecommunication
services were spread throughout larger geographic areas and residential
rates were subsidized by commercial rates. Even prior to deregulation,
connection costs for new telephone service acted as a great impediment
to increased usage throughout the Reservation. Additionally, lower than
average household income and relatively high unemployment have
historically affected a tribal member's ability to pay his or her telephone
bill which, in turn, has restricted his or her ability to re-subscribe due to a
poor credit rating if service is ever disconnected by their local provider for
failure to pay a bill

Now that the state-wide average rate for basic local service has been
increased to $23.10/mo. and a “distance charge" incurred by the vast
majority of tribal members on the Reservation of as high as $46.26/ mo.
(absent federal or state universal fee credits), the Tribe expects telephone
usage within the exterior boundaries of the Reservation to decline.

4 Culture

COMMENT!
The culture of both tribes residing on the Reservation is such that rural
type spacing of houses is preferred by tribal members over cluster type
housing developments. Pror housing studies of the Reservation
population have documented a significant increase in sociological
problems among those residents in cluster-style housing over those in the
preferred, rural-style housing arrangement.

5. Regulation

COMMENTS:

As Stated previously, the Wyoming Public Service Commission recently
increased the state-wide average rate for basic service in accordance with
its grant to U.S. West for a tariff increase to reflect the ‘true cost’ of
providing residential phone service to rural customers throughout the

12


31

SUGGESTIONS:
1, The Arapahos fee! their representatives must participate as decision makers at the
headquarters, area offices and service units governing bodies.
2. Full Financial and Programmatic Disclosure, on the part of the governing bodies at all
levels, is a must when consulting as equal partners with the Arapaho tribe.

INDIAN HEALTH CARE:
It seems that each time the Arapaho tribe negotiate for health care monies, they face the threat of
Indian health care being reduced as the federal budget grows, as administrative and FTE cuts are

mandated and as [HS is forced to compete with other agencies for reduced amounts of

discretionary dollars. The growth rate of the Arapaho tribe is moving at a fast pace and we are

told that IHS funding will be cut but we are expected to meet the Healthy People 2000 and 2010

Objectives. There has been specific health status objectives for Indian people included in the

amendments to the current Indian Health Care Improvement Act. We think that Dr. Trujillo

should continue as the head of IHS to provide continuity in service.
SUGGESTIONS

1, Indian health status will not be met by funding a handful of projects with discretionary grants
from agencies scattered throughout the Department. To best meet community needs of the
Arapaho tribe, funding must come directly to tribal programs.

2. IHS budget must be adequate to provide care and preventative services to Indian people.

3. How is the IHS budget arrived at? Who determines the formula for IHS funding? The Arapaho
tribe feels they are left out when decisions concerning the IHS budget(s) are made. We need to
be included in all discussion(s) concerning IHS funding and once again we emphasize the
principle of FULL DISCLOSURE. Some views the Arapaho tribe has about the IHS budget are:

a, DIRECT CLINICAL SERVICES:
i, When mandatories are presented to the Arapaho tribe, appropriate monies
will be included for compensation.

Third party billing will not be counted to offset budget.

iii. Whenever new building or additional construction to health facilities occurs,



156

[Nanuje Nation Lagiltioe Priorities forthe 107° Cangrar

availability of administrative funds for infrastructure, providing explicit language making,
the Indian Self-Determination and Education Assistance Act applicable to this Act; and
language providing access co state matching funds.

As this Congress proceeds in reauthorization of the Welfare Reform Act, the
Navajo Nation seeks the support of this Committee for the inclusion of language address.
these concerns in any Congressional measures addressing welfare reform reauthorization
Moreover, the Nation requests the opportunity to provide testimony during all
Congressional hearings on the reauthorization, and requests that field hearings be
conducted within the Navajo Nation to give the Committees the opportunity to see first
hand the economic conditions on the Navajo Nation.

D. INDIAN TRIBAL JUSTICE SYSTEMS

In FY2000, the Navajo Nation tribal court systems’ 14 trial judges handled 78,016
cases, an average of 5,500 cases per judge. This enormous caseload illustrates the scope
of responsibilities assumed by the Navajo Nation’s judicial systems within the states of
Asizona, New Mexico and Uth, In addition, the Navajo Nation has concurrent
juisdiction with the federal courts over certain crimes (eg., under the Major Crimes Act,
the Indian Country Crimes Act and the Assimilative Crimes Act, which the United States
is obligated to enforce).

‘The Senate Committee on Indian Affairs has been in the forefront in recognizing
and attempting to address the federal government's major responsibilities and obligations
for funding of, and technical assistance to, Indian tribal justice systems. First, in the
Indian Tribal Justice Act of 1993, and more recently in Public Law 106-559, the Indian
Tribal Justice Technical and Legal Assistance Act of 2000, Congress has mandated
funding and other support for tribal justice systems. Regrettably, in spite of authorization
for funding of $50 million, Congress has never appropriated funds to implement the
Indian Tribal Justice Act. With che passage of the new authorizing legislation in 2000, no
requests have been made by the Department of Justice for the purpose of carrying out
PLL, 106-559. It is now more critical than ever that this Committee actively advocate and



7

staff look it over and we'll see what we can do to assist you. Could
you do that for us?

Mr. Posey. Yes; I could. Thank you.

The CHAIRMAN. You spoke of housing. How many units are you
still short on?

Mr. Posey. Well, right now there is a tremendous need on the
reservation. Right now, we have as much as at least 10 to 15 peo-
ple living in one unit. Our people are so proud that they don’t want
to see any of their relatives living without homes. We still have a
long way to go as far as meeting the need through HUD. But also
maybe we need more assistance on the private sector side to go
ahead and access, like I mentioned before, guaranteed loans that
will help us bring in more housing for our people.

Our population right now is growing fast as far as the Arapaho
Tribe is concerned. We are up a little over 7,000 right now, and we
have an enrollment rate of at least 20 per month that are being
enrolled. That was the last count we took for the month of July.

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

Chairman Windy Boy, what is the economic base of the Chip-
pewa Cree?

Mr. Winby Boy. Agriculture, gas exploration and a majority,
Federal programs, both with the Ratibo Health Board and Natural
Resources Department.

The CHAIRMAN. What is your level of unemployment?

Mr. Winpy Boy. The last count a month or so ago it was about
73.5 percent.

The CHAIRMAN. Seventy-three percent unemployed?

Mr. Winvy Boy. Right.

The CHAIRMAN. On the matter of health care, you spoke at quite
some length. What sort of problems are you having?

Mr. Winpy Boy. There is so much: Contract health care, contract
health service, many Contract Health Emergency Fund [CHEF];
orthodontics, both adolescent and school children; transportation.
The list could go on.

The CHAIRMAN. You spoke of Dr. Trujillo. Have you shared your
concerns with the President of the United States?

Mr. Winpy Boy. That I will. I am. And with the help of my own
brothers, we can plant a seed in both the Vice President’s office as
well as the President.

The CHAIRMAN. That might help, because that’s where the ap-
pointments are made.
pins? Chairman Sunchild, I presume you support the Domenici

ill?

Mr. SUNCHILD. I do.

The CHAIRMAN. What sort of impact will it have upon Indian
country?

Mr. SUNCHILD. That particular one would. You see, right now
was passed a couple last year—I chose to run it through. BIA or
Department of the Interior, then you have to treat it as pro-
grammatic dollars. We have no problem with that, but it would be
better if you had some more flexibility, that flexibility of the tribes.
And the only thing that would be is there is some hesitation in
doing the water rights settlements in some areas, but once they see


139

riatwead THE CONFEDERATED SALISH AND KOOTENA! TRIBES
OF THE FLATHEAD NATION
P.O. Box 278
Pablo, Montana 5985S
(406) 675-2700
FAX (406) 275-2806
E-mail csklcouncil@ronan.net

TRIBAL COUNCIL MEMBERS:
Fred Mat Chairman

TESTIMONY OF arava Goose
. Er Soon Mogens
MS. JAMI HAMEL Pan Yanan

VICE CHAIR

CONFEDERATED SALISH AND KOOTENAI TRIBES
OF THE FLATHEAD NATION

PRESENTED BEFORE
THE SENATE COMMITTEE ON INDIAN AFFAIRS

ON THE GOALS AND PRIORITIES OF THE MONTANA AND
WYOMING TRIBES FOR THE 107" CONGRESS

JULY 12, 2001


ui

Neagle Nation Layla Pris or tbe 107° Congrass

In Fiscal Year 2002, several federal departments and agencies identified monies in
their budget proposals that directly address the needs of Indian Nations, The Navajo
Nation is encouraged by this agency-wide approach to addressing budgetary needs of
Indian Nations. However, the Navajo Nation, as it has in the past ten years or more,
continues to seek revision of the Federal funding processes, procedures and criteria.
‘Toward this goal, the Navajo Nation has been involved in litigation with several federal
agencies. One of the cases involved Tide IIT of the Indian Child Welfare Act 25 US.C.
1901 et. seq.) and the funding caps imposed by the BIA. This litigation was eventually
resolved through a settlement that doubled the Nation’s ICWA funding. A second case
involved an action against the State of New Mexico for denial of equal protection in the
manner it distributed federal funds to the Navajo Nation. Specifically, these were Social
Services Block Grant funds (Title XX, Social Security Act 42 U.S.C). We prevailed in
both the Federal District Court and in the Tenth Circuit. The United States Supreme
‘Court later denied New Mexico’s petition for certiorasi.

‘A consistent theme that the Navajo Nation has employed is that the agencies’
funding procedures often fail to match funding to the needs of the Navajo Nation. In
the recent past, the Navajo Nation actively participated in BIA’s efforts to respond to the
FY1998 Appropsiation Rider, commonly known as the Tribal Priority Allocation (TPA)
Report. That report demonstrates that the BIA’s TPA funding fails to meet the needs of
Indian Nations due to more than $1.3 billion in unmet needs when funding is compared
to need that is based on benchmarks from other similar governmental programs
operated outside Indian Country. The Navajo Nation’s unmet need as identified by the
TPA Report methodology exceeds $135 million. The Navajo Nation believes other
federal programs serving Indian communities are similarly under-funded.

The Navajo Nation has consistently taken the position that funding for all tribes
must be needs-based and that fullling those needs must be the driving force in funding
programs, The Navajo Nation stands by this position as we have experienced too often
that not only is the level of funding inadequate to meet actual needs, but that funding
requirement, terms and processes often undermine tribal self-government. ‘Therefore,



153

Nang Nation Legilative Priains forthe 107° Congress

Accordingly, we request the Committee's strong and active support for
enactment of these long-overdue economic development tax initiatives. In particular, we
seek your help in apprising your colleagues on the Finance Committee of the need for,
and importance of, these initiatives. Perhaps most significantly, the Committee's
intervention and assistance is necessary in order to help secure, for these measures, 2
realistic revenue estimate that fully takes into account the infrastructure deficiencies and
other disincentives to new and expanded private sector investment that continue to exist

in Indian Country.
B. PROMOTING HOMEOWNERSHIP IN INDIAN COUNTRY

“The Navajo Nation has actively pursued several initiatives to promote mortgage-
based homeownership opportunities for residents of the reservation, In 1996, the
Nation was one of the first Indian tribes to enter into @ partnership with Fannie Mae to
‘offer conventional loan products within the boundaries of the reservation, In 1998, the
Navajo Nation agreed to serve as a pilot site for the U.S. Department of Housing and
Urban Development/US. Department of the Treasury One-Stop Mortgage Center
Initiative in Indian Country. During this ewo-year initiative, the Navajo Nation created a
working group comprised of lenders, nonprofits and federal and tribal government
representatives to identify barriers to mortgage lending on the Navajo Nation.

In partnership with the Navajo Partnership for Housing, Inc, a nonprofit
onganization chartered under Navajo law to help Navajo families buy or build homes
with mortgage financing, the Navajo Nation continues to implement many of the local
recommendations made by the One-Stop initiative. ‘There ate also several national
recommendations that the Navajo Nation would like to bring to the attention of the
Committee for consideration. ‘These recommendations would not only benefit residents
of the Navajo Nation, but they would also benefit potential homebuyers throughout
Indian Country.

First, one of the greatest barriers to obtaining mortgage financing in Indian
Country is the Bureau of Indian Affairs review process of mortgage-related documents.

0:


46

‘The Chippewa Cree Tribe calls upon your support 10

1. Guarantee that the LNF distribution formula or any version of it will not be used

again umtil there is an appropriate level of tribal consultation towards the
redevelopment of the formula,

2. Reaffirm the Executive Order on Government to Government Consultation and begin

to develop, in consultation/collaboration with Tribes a protocol/process for Tribal
consultation; and

3. Provide the appropriate levels of technical assistance to tribal leaders and their

technical staff so they may resume negotiations on any of the funding formulas (ILNF,
CSC, CHS and Diabetes).

The Chippewa Cree Tribe urges you to:
1. Advocate for an increase in Indian Health Care Funding:
2. Hold the Indian Health Service, as the representatives of the federal government

accountable for a full and responsible tribal consultation process on each of the
funding formulas (LNF, CSC, CHS and Diabetes) or any future funding formulas.

Alvin Windy Bov Sr.

Health Disparities‘Epidemiology Needs
ovavor

3


6

eral system that truly is maintaining that Federal relationship gov-
ernment-to-government in trust.

Our land—our land—that’s the only agency. You take a look at
the Indian Health Service. In the Indian Health design team proc-
ess that occurred, that now tribal leaders are having to sit at the
tables with Indian organizations, urbans. And everybody has their
place at the table. But when you start deciphering down that tribal
government treaty obligations executive order, then we become
meshed into—our relationship is then watered down. And that’s my
thinking.

But again this morning, I leave my testimony, as in many fo-
rums—economic development, Energy, et cetera. With that, thank
you.

The CHAIRMAN. Your full statement will be made part of the
record, Mr. Chairman.

[Prepared statement of Mr. Windy Boy appears in appendix.]

The CHAIRMAN. Is Chairman Joseph McConnell here? If not, I
will proceed.

Chairman Posey, what is the economic base of your nation, the
Arapahos?

ir. Posey. Right now, a lot of it is dependent on our minerals.
You know, like I said, oil and gas et cetera. But we are also looking
in other areas of trying to develop our natural resources, and I
know we are looking at—we have gypsum there on the reservation
that we are looking to try to develop. But also, we are talking
about areas of coalbed methane also, as other means of looking at
the economic base for our people.

But there are also other areas that we are trying to get into, too,
the scanning computer for information, but also we are talking
about in lines of the possibilities of trying to put a cogeneration-
type plant there, to establish a small power plant to produce both
electric and heat.

Those are some of the areas that we are looking at. As I men-
tioned, the areas of coalbed methane. Parts of that also is the grav-
el-type. But mostly our economic basis is just based on employment
from the BIA, IHS and only local jobs in our local towns in River-
ton and Lander. But those are only limited to just seasonal type
of work. During the wintertime, we have an employment rate of
about 80-85 percent, and during summer we are probably down to
maybe 60 or 70 percent because of seasonal work of agricultural
type work, and those things of that nature. But right now, we are
in dire need to try to do our best to still try to promote economic
infrastructure for our tribe.

The CHAIRMAN. So your economic development is still at a plan-
ning stage now?

r. POSEY. In some of these areas there are some studies being
done in these areas to try to promote more economic development.
Our people are our empowerment, and we feel that if we can go
ahead and promote economic development in those areas, our peo-
ple will have better values, better goals to shoot for. And I think
one of the other areas that we are looking into, too, as far as if we
are going to talk about economics, is gaming.

The CHAIRMAN. If you could submit to the committee a report on
your economic development prospects and programs, I will have the


40

reversed that case. The time has come to now examine the destruction the court has brought in
the area of jurisdiction, taxation and economic development and to enact legislation reaffirming
the legitimate and long standing rights that our tribes have as governments,

It is impossible in the few minutes I have been allocated to address the numerous issues
that are important to my people. I will instead key on a few issues that are of the highest priority
but I want to briefly mention other areas that deserve this Committee's attention

Economic Development - Obviously economic development is critical to the Indian tribes
and we hope you will enact the pending bills - including those giving us bonding authority and
‘creating tax incentives - that give us the ability to attract and retain businesses to our homelands
‘We also want to see Indian country be given a key role as the Congress enacts Energy related
legislation. We have the natural resources to greatly assist in the creation of additional energy and
doing so would go a tong way to help us address the poverty that exists among our people
Enactment of legislation facilitating the creation of banks in Indian county and helping tribes who
are caught in the Seminole Catch 22 relative to negotiating good gaming compacts with their state
governments would be very helpful

Tribal Courts - The tribe would like to see the Congress actually fund the legislation
already enacted which was intended to create additional funding for our court systems. Our
courts are critical components of our government. We need to strengthen our judicial body to
build an adequate foundation to support our government and our people while assuring outside
entities of the opportunities 10 do business on the reservation. The tribe is requesting the

Congress to support our tribal court systems with adequate funding and training opportunities for
our judges and court personnel

Health Care Needs - I want to focus the remainder of my statement on health care as 1
believe without doing something to better the health of the Indian people, little else can be
accomplished. I have taken a personal interest in the area of health care in Indian Country and am
involved in many national and regional health boards and committees, With all due respect Mr
Chairman, there is a great and, frankly, inexcusable disparity between what the Congress provides
to the Indian Health Service Indian (IHS) versus what the Congress provides to other federal
entities for the provision of health care. 1 do not understand how itis possible to expect the [HS
10 provide even remotely decent medical care to my people when you give them just over $1,400
per eligible Indian, while at the same time providing over $3,500 per person receiving Medicaid,
slightly under $3,500 for health care per each prisoner in the Bureau of Prisons system and over
‘$5,000 for each veteran receiving health care from the Veterans Administration! We don't
begrudge the veterans the 5,000 plus dollars they are receiving but how can this Congress - if you
realize that it costs over $5,000 per recipient to provide health care to others for whom the
federal government has a responsibility - tum around and only allocate the $1,400 per patient
when it comes to Indian people? If you increased the IHS budget by three and one half times
what is presently allocated (i.e. the difference between what you allocate to IHS on a per capita
basis and what you allocate to the VA for medical care on a per capita basis), you would see a

3


b.

c

120

Physically Constructed Installation fees

a)

(2)

(3)

In addition to DTE’s $33.10 “switch activation” fee, DTE
charges each new customer the actual cost of its cable,
labor, engineering, right-of-way, and permit expenses in
those cases where a line is extended to a site which
has not previously received telecommunication
services. The company's engineer reports that ordinary
installation of buried cable costs approximately $1.65 a
linear foot, while straight boring under roads, ditches,
etc. costs the customer anywhere from $2/ft. to $18/f.
Directional boring has been quoted to DTE at a rate of
S65/tt.

In addition to RTC’s $52.00 “switch activation” fee, RTC
charges customers outside its Base Rate Areas
(essentially outside the town of Shoshoni or the town of
Thermopolis) an additional $375 as a Rural Network
Assessment Tariff (RANT). If the actual construction
costs exceed $2300 (the cost of approximately 1650
linear feet of free’ newly buried line at $1.40/ft. for
ordinary installation, $7/ft for sections under roads or
small ditches requiring straight boring, or $17/R. for
directional boring under rivers. big ditches. or rough
terrain), the customer must pay the amount over $2300
together with the $375 RANT and the $52 switch
activation fee.

In addition to U.S. West's $36.25 residential or $66.00
business “switch activation fee’, U.S. West charges its,
customers outside a Base Rate Area (essentially
‘outside the towns of Riverton or Lander) an additional
$375 Rural Network Assessment Tariff (RANT). Like
RTC, U.S. West charges customers a “Special
Assessment Charge’ equal to the amount actual
construction costs exceed $2300, as well as the $375
RANT and the $36.25 residential customer or $66.00
business customer switch activation fee.

Contribution Among Customers

Atleast U.S. West has a method to reimburse a person paying for
extending a line as other, neighboring housenolds. tie-in to the “new
line” serving a geographic area insofar as the Special Assessment
portion of the customer's expense. This program, administered
exclusively by U.S. West, provides up to 100% of the assessment
being refunded if, within 5 years of a customer's connection date, 3
additional households connect to the network using the new line
extension, provided the refunds amount to $50.00 or more. However,

8


19

knowledge Sarah Dudley of Senator Baucus’ office and Stan Ull-
man of Senator Burns’ office who were our congressional delegation
was instrumental in helping to resolve our health care crisis last
month.

We do not believe Congress ever intended a contracting tribe to
take on a risk that an IHS direct-operated service unit would not
be asked to take. But IHS is doing so and causing a major obstacle
to tribes to assume management and operation of this health pro-
gram. Think of what would happen if the CHEF funds ran ary and
we had a few costly emergencies late in our year. We could bank-
rupt ourselves, our tribal funds by compacting with the Federal
Government.

Surely, the Indian Self-Determination Act was not intended to be
implemented in such an arbitrary fashion. 25 U.S.C. Section
1650(a) specifically states that contracting tribes should be pro-
vided funding, quote, “on the same basis as such funds are pro-
vided to programs and facilities operated directly by the service”.
In the area of CHS and CHEF funds, this is not happening, and
we believe this must be corrected.

We ask this committee’s help in further clarifying and if nec-
essary amending the Indian Self-Determination Act to make it
clear that tribes exercising their rights are not forced to assume
this unmanageable risk. And our legal staff would be happy to
work with Patricia Zell in creating some language to that effect.
Tribes must be allowed to access the same pools of funds that IHS
direct service units can. It is only fair and it is what we believe
Congress and the act intended.

Mr. Chairman, if the Indian Health Service were properly fund-
ed, this wouldn’t be as much of a problem. But the fact is, Congress
has tremendously underfunded the IHS. Senate Majority Leader
Tom Daschle and our Senator Max Baucus acknowledged this ear-
lier this session when they and others proposed an over $4 billion
increase in funding for THS as part of the budget bill. Although this
request passed the Senate, it was not agreed to in the conference
committee.

I realize it is not the Committee on Indian Affairs that appro-
priates funds for IHS and that members of this committee are un-
derstanding of the unmet needs of the Indian country. But it must
be stated that the extent of inequity between the Indian Health
Service versus other Federal agencies such as Veterans Adminis-
tration is simply breathtaking. You have likely seen the compara-
tive data. There was a report from the National Indian Health
Board. IHS is funded on a national average of around $1,440 per
Indian person. At Flathead, we’re only getting around $1,100 per
year per eligible IHS beneficiary. The Veterans Administration re-
ceives funding at a level in excess of $5,000 per capita for veterans
who are eligible to receive health services. This means that the
first Americans, who gave up hundreds of millions of acres of land
so that the United States could exist, and who bargained in treaty
negotiations for the provision of health care, are still considered the
least-healthy population of persons in the United States due to the
lower funding levels.

Please understand that we fully support funding full funding for
the Veterans Administration, and are proud that so many of our


14

STATEMENT OF IVAN POSEY, CHAIRMAN, SHOSHONE
BUSINESS COUNCIL

Mr. Posey. Good morning. My name is Ivan Posey and I cur-
rently serve as chairman for the Eastern Shoshone Tribe. The
Eastern Shoshone Tribe resides on the Wind River Indian Reserva-
tion and is located in Wyoming and is also home to the Northern
Arapaho Tribe. The Wind River Reservation was established by
treaty between the Shoshone Tribe and the U.S. Government in
1868 and currently consists of 2.3 million acres. The main economy,
like the State of Wyoming, largely consists of agriculture, oil and
gas development, tourism, and small business.

I appreciate the opportunity to present issues to the distin-
guished Senators of the committee, including the Senator from our
State, the Honorable Craig Thomas. I also look forward to working
with the committee on these issues that are going to be presented
this morning. I come forward today to address many issues relating
to the indigenous people of this country and the trust responsibilit}
the U.S. Government is entrusted to uphold in its relationship wit!
American Indian tribes.

The first issue I’d like to discuss, and I will touch very briefly
on it, is the issue of health care. As Chairman Windy Boy has al-
luded to in his testimony, we pretty much have the same issues.
One is the transfer of IHS from the Department of the Interior to
the Department of Health and Human Services. We would like
more support and efforts and funding mechanisms for funding
agencies such as SAMSA and some of those agencies that grant In-
dian tribes money to create therapeutic communities and to look at
issues in terms of our own tribal wellness. So I would allude to
Chairman Windy Boy’s for-the-record comments on the health care
issues.

The next I would like to talk about is a BIA irrigation project.
One cannot have a viable economy and a decent standard of living
without adequate quantities and qualities of water resources. The
United States litigated successfully over decades to secure water
rights for our tribes. It would be a travesty of justice to fail to pro-
vide resources that put water to use in a beneficial manner. Cur-
rently on the Wind River Reservation, we need to rehabilitate and
improve the whole Wind River irrigation system.

Twelve-hundred structures, around 60 percent of them, need re-
pair, as well as 190 miles of canal, which consist of 45 percent of
the total canal system. In this year of the drought, I don’t know
how much water is going to be delivered in that system, but we
know that in the years coming, there will be inadequate supply of
water that needs to be delivered to those systems, and they do need
attention.

The next thing I'd like to discuss is the housing issue, and I
would allude to Chairman Addison’s comments this morning in
terms of the housing issues on the Wind River Reservation. Sen-
ator Thomas asked the question of Senator Addison this morning
in terms of our unmet need for housing. The Shoshone Tribe, for
our general housing program, there’s an unmet need of 75 homes.
For example, on the Wind River Reservation, 22.8 percent of the
dwellings have more than one family living in them. So I will al-


3

we always look at our tribal courts as the key to our tribal sovereignty that needs
to be maintained and understood. .

We have concerns of our water rights. As we talked about, the irrigation system
needs cooperation with the state. There are some concerns also of our road system
in our country, It is one of the worst in the United States. We need more coopera-
tion from the State and county.

Education—we are always looking for ways to improve our schools. Environ-
ment—we need new programs to protect our tribal lands. Natural resource develop-
ment, we need help in developing tribal-owned companies to develop our oil and gas
and other minerals. We need to take control of the development and not leave it
in the hands of the outside companies.

When I talk about all these areas to you, we are always concerned of our people.
Our people are hurting in all areas of need, and every time it seems like we are
moving forward, the next thing you know, we are taking a step back because of
cuts—cuts in all areas that we need for the welfare of our people.

So today, I want to thank you for giving me the time to express these areas of
concern that we really need to work on, and work together on a government-to-gov-
ernment relationship.

One of the needs that we are always looking for also in housing. We need addi-
tional funding for housing. We need help also in the private sector of housing, how
to go ahead and access housing through loans or whatever it might be—loan guar-
antees. Those are the issues that we really need to work on and work together on.
And again, I believe that at one time, it was considered that we were 100,000 people
that needed homes. And I know through natural disasters in other areas, they were
able to get help to provide homes for those who lost. But historically for the Indian
tribes in our area, there is a big concern for us that we need to put roofs over our
people’s head. We need to look forward to better care for our people, again as I men-
tioned before earlier, for our health needs and other areas, and a better workin;
relationship between the IHS and also with the BIA, but also with the state an
the Federal Government.

So with that, I want to thank you for giving me this time today.

{Prepared statement of Mr. Addison appears in appendix.]

The CHAIRMAN. I thank you very much, Mr. Chairman.

And I now call upon Chairman Windy Boy.

Mr. Winpy Boy. Mr. Chairman, if I might ask prior to my testi-
mony if I could call upon a colleague of mine, Vice Chairman
Sunchild, to discuss an issue that is very important to the Mon-
tana-Wyoming tribes. Bruce Sunchild.

STATEMENT OF BRUCE SUNCHILD, VICE CHAIRMAN,
CHIPPEWA CREE TRIBE OF THE ROCKY BOY’S RESERVATION

Mr. SUNCHILD. Thank you, Alvin. Good morning, Mr. Chairman,
Mr. Vice Chairman, distinguished committee members. I appre-
ciate the opportunity here today to discuss a little bit on the Water
Funding Taskforce.

My name is Bruce Sunchild, vice chairman of the Chippewa Cree
Tribe of the Rocky Boy’s Reservation. I also serve as cochair of the
Tribal/Department of the Interior Water Funding Taskforce. The
Tribal/Department of the Interior Water Funding Taskforce was
formed in the last administration as an entity that would bring to-
gether Indian tribes and involved Federal agencies to examine al-
ternative methods of funding water and land settlements. We are

leased to have been joined in this effort by an ad hoc group on
indian water rights. As this committee is aware, the ad hoc group
was established jointly by the Western Regional Council, the West-
ern Governors’ Association, the Native American Rights Fund, and
the Western States Water Council.

Recently, the Office of Federal Affairs for the State of New York
has joined the group because of the State’s particular interest in
pending Indian land settlements. The ad hoc group has held a


182

‘education programs for tribal social service agencies and Indian Health Service
‘Staff, and broadcast local service announcements regarding price support
programs on local radio and T.V. stations.

P. — #106-108 Improved infrastructure

‘COMMENTS:

Existing telecommunications equipment servicing the Reservation is insufficient
and there are many geographic areas which are not served at all. Over-loading
of lines causes a constant buzzing sound on the lines of many served, many
cannot get service although they reside in a "served" area because additional or
larger capacity lines are needed, and more remote areas are not served at all
because the cost of fine extensions are prohibitively expensive. Moreover, the
local carriers’ equipment from which existing lines travel are not modem or
sophisticated enough to provide any options close to those provided in
surrounding, non-Indian dominated communities. Finally, the equipment and
lines which exist for consumers on the Reservation are not serviced by an
adequate number of technicians or engineers forcing many people to pay for
options or service on their monthly bills which they in fact are not receiving.

ai. 002 wp

20


110

er

10/13/99 CT ELBOW
10/20/99 SLEEP STUDY
11/10/99 OFFICE VISIT- NEUROLOGY
10/6/99 UGI SERIES
12/29/99 PULMONARY FUNCTION TEST
10/22/99 VIALS FOR ALLERGY TTS,
10/20/99 ALLERGY VISIT
10/20/99 CONSULT OPTHAMOLOGIST
41/4199 OCCUPATIONAL THERAPY
11/24/99 CT SINUS
1016/99 F/U VISIT LAMINECTOMY
10/20/99 PHYSICAL THERAPY
12/29/99 WALERS VIEW SINUS
1174/99 OFFICE VISIT/RHEUMATOLOGY
10/27/99 TRAVEL TO SLC VA
10/27/99 PHYSICAL THERAPY
10727199 EVALUATION PARATHESIA
11724799 MRI L SHOULDER
10/27/99 MASS REMOVAL
11/10/99 FU OFFICE - BURN ON FOOT.
11724199 ARTHROGRAM OR R SHOULDE!
12/15/99 REMOVAL OF PIN DISTAL FIB-
11/10/99 CHRONIC BLEPHARITIS OU
10/27/98 ALLERGY EVALUATION
10/2719 EGD
11/49 PHYSICAL THERAPY
10/13/99 TESTICULAR ULTRASOUND
12/8/99 EVAL SCROTAL MASS
10/27/99 MAMMOGRAM
10/12/99 PHYSICAL THERAPY
10727199 ALLERGY EVAL AND TMT
10/14/99 ARTHROSCOPY KNEE
12/15199 REVIEW OF INSULIN DOSAGE
10/20/99 SEPTOPLASTY
10/6/99 UMBILICAL HERNIA REPAIR
11/2499 CATARACT REMOVAL
11/4199 OFFICE VISIT GEN SURGEON
11/4199 GALLBLADDER ULTRASOUND.
10/20/99 OFFICE VISIT ORTHO
10/13/99 SURGICAL RELEASE CARPAL T
11/10/99 SLEEP STUDY
10/13/99 FU OFFICE - ORTHO
12/15/99 SURGICAL TOOTH EXTRACTION
10/27/99 MRI HEAD AND SINUSES.
11/24/99 EVALUATE & REPAIR EYELID
10/27/99 MRI HEADIR INNER EAR
11/4199 PHYSICAL THERAPY
10/6/99 CAUDAL STEROID INJECTION
10/6/99 TREADMILL TEST
12/16/99 BREAST PROSTHESIS,
1117199 CATARACT REMOVAL

200 PEARSON
600 WRIGHT
150 KLINKENBORG
750 WELLS
360 WELLS
100 PEARSON
100 WELLS
50 KLINKENBORC
200 STEFFEY
250 KLINKENBORG
60 PEARSON
400 WELLS
200 WRIGHT
‘50 KLINKENBORG
65 CALDER
400 KLINKENBORG
150 PEARSON
1000 WELLS
3500 KLINKENBORG
150 PEARSON
400 WELLS
3500 WRIGHT
‘50 CADMAN
300 WELLS
750 WELLS
400 BERRY
200 WELLS
200 WELLS
65 WELLS
600 PEARSON
300 WELLS
7000 WHIPP.
‘500 CALDER
3500 KLINKENBORG
3600 STEFFEY
3600 ROYS
50 KLINKENBORG
200 BERRY
100 STEFFEY
3500 KLINKENBORG
600 WRIGHT
‘50 PEARSON
600 HUFF
1000 WELLS,
1000 ROYS
1000 WELLS.
600 KLINKENBORC
200 WELLS
300 WELLS
100 CALDER:
3500 ROYS.


69

3. MENTAL HEALTHV/ALCOHOL & DRUG ABUSE,
{$1 million for facility, $100,000 for operations)

(Our Reservation has one of the highest rates for drug and alcohol abuse, and an accompanying dire need
for mental health services.

‘The current mental health staff consists of a mental health counselor, a medical soctal worker, clinical
psychologist (4 hours per week) and a contract child psychologist (4 hours per week).

tn fiscal year 2000, 3,545 number of vst were made tothe behavior health program for services,
Hospital inpatient costs are high at an average of $50,000 to $70,000 per suicidal and other mental health
disorder, Youth on this reservation represent about 52 % of the population and many of them need drug,
and alcohol treatment and inpatient services
‘We need a Full ume child psychologist (therapist) and a Fulltime psychiatrist.
Staffing Cost: $60,000

‘The cost of sending youth to residential treatment services is $5000 - $20,000, that deals onty with
detoxification and star of a step program. Long term aftercare, which includes treating the family as @
unit, must also be in place,
‘We currently receive funding only $65,000 to serve approximately 500 adults. Again, there are no
facilities for providing long term cae, no aftercare services facilities and no detoxification facility. Those
people that need medical detox are often given medications at the emergency room and sent home. The
medical detoxification service is available through the regional Indian Health Service hospital that often
refuses to admit these patients. The nearest detox facility isin Butte, Montana, approximately 300 miles
away. Thus, many adults using alcohol as their drug of choice have moved onto drugs that are more
deadly. The most common drug is methaphatimine called “crank” that has far more lasting and possibly
permanent adverse effects. The crank is manufactured in homes and sold on the steets. An addict to reach
the step work where they are able to begin to celease to outpatient -aftercare takes at least three months of
inpatient treatment

Increased funding for Adult Treatment - 100,000 Social detox unit facility- = $1,000,000


24

Now, IHS is able to pool their money when the CHEF fund is
gone. They will ask the area to pool their money. If the area can't,
then they'll ask the nation to do it, and they will get the bills paid
through that manner. Because we have assumed the operation of
the contract health program, we don’t have anywhere to go to pool
the money. We believe that there should be some creative mecha-
nism within 638 that allows us to either buy into a pool somehow
or to work within Indian Health Service so that we aren't, at the
end of the year, forced to cover costs that certainly weren’t made
available to us in our annual negotiations.

Indian Health Service has worked with us. They have been able
to provide us some additional funding to get us through this fiscal
year. And so we are really moving in a direction that we believe
will really be a pioneering effort in tribes managing their care more
like a health management organization, an , as opposed to
where we currently are today.

The CHAIRMAN. And you believe that legislation is necessary to
address this matter?

Ms. HAMEL. We do. In our resolution of our retrocession issue,
although we were able to get some additional funding, that doesn’t
take care of the long-term issue. And we have not felt like they
have been very responsive. Although they will continue to talk, we
have been told that they really don’t understand how they could
ever help us get through this managed risk problem, this shared
financial managed risk problem, that really does put tribes in a
tremendous financial bind.

The CHAIRMAN. Have you discussed this matter with your Mon-
tana Senators?

Ms. HAMEL. We discussed it with Senator—what we have done
is during this fiscal year 2002 appropriations process asked that
language be included, and we were not successful at being able to
get that put into the appropriations language. And since our Sen-
ator Burns actually chairs the Subcommittee on Interior Appropria-
tions, we have had discussions with him and his staff on this par-
ticular issue and have not come to a resolution that we've been
able to mutually agree upon.

The CHAIRMAN. I will assume that this matter is not in the
House bill.

Ms. HAMEL. It is not, sir.

The CHAIRMAN. I was just added as a member to the Interior Ap-
propriations Subcommittee, so I will see what I can do.

is. HAMEL. If I may for just very briefly clarify for one second.
Health care is the number one priority for all Indian people in this
country, as it is for everybody. I mean, it’s a basic human right
that you have health care. We shouldn’t have to prioritize whether
we want diabetes taken care of, substance abuse, or someone who
has cancer. You know, right now if you’re in prison, you get more
funding for health care than Indian people in this country. The
rate is so low of what we actually receive for basic health care, that
that has really become a primary issue that our tribes are wanting
to take on at this point.

The CHAIRMAN. And the problem that you are confronting on cat-
astrophic health care is faced by all tribes?

Ms. HaMEL. Yes.


143

‘THE WALL STREET JOURNAL WEDNESDAY, JULY 11, 2001
———

For Some Indian Tribes, Wind's Power Brings Hope

sibuel fired power plants. Congress, how:

Continued From Page BI
“dion in North Dakota

‘Today, Mr. Hall and leaders of 11 other
‘reservations on the Dakotas’ high plains are
‘considering forming an intertribal corpora:
luon toharness winds that could generate as
‘much a5 250,000 megawatts of electric

project could ge
ct milion or ser hie of the wind
Intertribal Coun:
“al on Uulty aly. ‘or organiation o
bes based in Rosebud, S,

Tetris sl lcelentyofoeacsn
the promise of wind

itt imted transmlsion capac to

‘ronnect remote reservations tourban mar-

tnaheWertand Wes nd eae

ay no federal taxes, tribes can't use

BE cet cents per tilowatt-hour tax credit

power competitive with fs-

transfer the tax credits to companies thal
buy tribal power, assigning the credits to
‘nontribal partners, or using them to pay off
Jov-interest federal loans.

‘The Blackfeet, meanwhile, are also fac
ing regulatory hurdles, such as a yearlong
‘environmental review, and particularly
‘complex land negotiations. The proposed
site is a patchwork of tribal land, property

housing is considered substandard and
neatly hal of highschool stents drop tt

‘Ona warm summer afternoon recently,
‘working-age men foitered by liquor stores,
some sharing bottles, others panhandling
{o buy another. Amid such despair. the
proposed wind project atleast represents.
hope. One thing people here Know they
Ihave is wind: they yoke that you can al-
ways tell the Blackfeet because they walk
leaning forward.

“Right now the hottest things in the

the Cattle’ Baron Supper Club,
youre in position o market any of test,
‘you're in business. And wind is endless.”

Me. Buss restaurant ons out he

tse range thal stretches
‘empty to the horizon, framed by the cold,
ay 9s. Here, as many

“They once said that when the buffalo
arene the pope wl be Ene i ot
{0 continue their way of
Pays Mr Old Person, the tribal har
‘man. “Today, we are hoping the
‘urns into something”



10

questions I wanted to ask. I just wanted to welcome you and also
to the panel that will be up next, including our first woman chair-
man of the Northern Cheyenne, Geri Small and some of my own
relatives in the audience, too, today, Mr. Chairman.

I would also remind the panels, we have a long way to go, but
we've come a long way, too. In the last few years, we've had—in
my view—some banner years in moving legislation through Con-
press to help the Indian people, legislation dealing with Indian

ealth care under the Indian Health Care Improvement Act, legis-
Jation coordinating alcohol and drug abuse programs and mental
health services, those that would improve the economy on Indian
reservations, those that would help with job creation, to strengthen
tribal sovereignty, would help the tribal courts; a lot of things, in-
cluding our land consolidation bill that we did as a study with
three tribes first, and it was so successful that it was put into place
to allow all tribes to consolidate their land.

So we've done a lot. We still have a long way to go, however, and
Senator Domenici’s bill was mentioned. I’m a cosponsor of that bill
and I think it’s probably timely. We’ve had so much money spent
and so many fights over water that’s getting more and more scarce
in the West, between tribes and States, certainly between the
tribes in the State of Wyoming some years ago. I remember that
litigation. It was extremely expensive.

And in other places we've been able to get tribes and States to
agree with Federal partners, too, and certainly cut off a lot of the
litigation that could have happened. But there’s got to be a better
way to do it, and I think Senator Domenici’s approach to taking it
off-budget is probably the right thing to do. Whether we can get it
passed or not, I don’t know.

We got off to a pretty good start this year, too, as you know—
passing the Native American Education Improvement Act as part
of the larger education reform bill. And we’re moving along. We're
starting to deal more and more with this terrible energy crunch—
electricity in California and fossil fuel energy crunch in the rest of
the country. And it would seem to me as we lock up more and more
Federal lands, which has been done the last few years under the
Antiquities Act by naming national monuments and preventing any
exploration on them, that there’s a down-side to that, certainly, be-
cause it makes America more dependent on foreign energy.

The up-side, I think, is going to be for Indian reservations be-
cause Indian people have control of an awful lot of coal reserves,
oil reserves, natural gas, coalbed methane, and any number of re-
sources. They haven’t been able to develop them and they haven't
had the expertise or the market has not been there for them.

But as oil and gas and the products from oil get more and more
expensive, I just have a hunch the next few years is going to put
tribes really in the driver’s seat for helping resolve the ener,

rroblem we have nationwide. It will help the tribes. Maybe it will
help the nation, too. And I certainly look forward to that time when
tribes will be able to develop their resources more.

But Mr. Chairman, thanks for convening this hearing. I have no
questions. I just wanted to make that statement.

The CHAIRMAN. Thank ‘hay very much. If I may ask one question
of Vice Chairman Sunchild. As you know, Senator Burns and Sen-


141

This is simply unfair to tribes that contract and we believe is contrary to the Indian Self
Determination Act and most certainly violates the Congress’ intent and the spirit of P.L.93-638. Having
to take on this risk - combined with an insufficient allocation of funding by the IHS - caused our Tribes
to come within a hair of retroceding our entire health care compact back to the IHS last month

We do not believe the Congress ever intended a contracting tribe to take on risk that an IHS
directly operated Service Unit would not be asked to take. But, IHS is doing so and causing a major
obstacle to tribes to assume management and operation of this health program, Think of what would
happen if after the CHEF fund ran dry we had a few costly emergencies late in the year. We could be
looking at bankrupting ourselves by compacting with the Federal government, Surely, the Indian Self
Determination Act was not intended to be implemented in such an arbitrary fashion

25 USC Section 1680a specifically states that contracting tribes should be provided funding:
*...on the same basis as such funds are provided to programs and facilities operated directly by
the Service.”

In the area of CHS and CHEF funds, this is not happening and we believe this must be corrected. We
ask this Committee's help in further clarifying - and if necessary amending - the Indian Self
Determination Act, the cornerstone of the federal Indian policy for the past quarter of century, to make
it clear that tribes exercising their rights are not forced to assume this unmanageable risk. Tribes must
be allowed to access the same pools of funds that IHS direct service units can access. It is only fair and
it is what we believe Congress and the Act intended.

Mr. Chairman, if the Indian Health Service were properly funded, this wouldn't be as much of a
problem but the fact is that the Congress tremendously underfunds the IHS, Senate Majority Leader
‘Tom Daschle and our Senator Max Baucus acknowledged this earlier this session when they and others
proposed an over $4 billion increase in funding for IHS as a part of the Budget Bill. Although this
request passed the Senate, it was not agreed to in Conference Committee.

I realize that itis not the Indian Affairs Committee that appropriates funds for the IHS and that
the members of this Committee are understanding of the extend of the unmet need, but it must be stated
that the extent of the inequity between the Indian Health Service versus what the Appropriations
Committees fund for health care at the Veterans Administration - and other agencies - is simply
breathtaking

You have seen the comparative data. IHS is funded on a national average of around $1,440 per
Indian person -- at Flathead we are only getting around $1,100 a year per eligible IHS beneficiary. The
Veterans Administration receives funding at level in excess of $5,000 per capita for Veterans who are
eligible to receive health services. This means that the First Americans, who gave up hundreds of
millions of acres of land so that the United States could exist, and who bargained in treaty negotiations
for the provision of health care, are being given such short shrift by the Congress as to be relegated as
the least healthy population of persons in the United States. We support full funding for the Veterans
Administration and are proud that so many of our tribal members served in the defense of this country,
but the comparison of health related funding levels can not be overlooked

Itis time the Congress stopped acknowledging the extent of the inequity and took action to
rectify it. Thank you


29

TESTIMONY PRESENTED BEFORE THE
SENATE COMMITTEE ON INDIAN AFFAIRS
GOALS AND PRIORITIES FOR THE 107TM CONGRESS
UNMET HEALTH NEEDS

Submitted by the Northern Arapaho Tribe
JULY 12, 2001

‘Mr. Chairman, my name is Anthony Addison and I am Chairman of the Northen
Arapaho Business Council. Thank you for the opportunity to speak with you today. Iam here
from the Wind River Reservation in the State of Wyoming. { would like to extend a special
greeting to our Senator, the Honorable Craig Thomas. Today, I want to talk to you mainly about
‘our health issues and living conditions. Let me begin by explaining our relationship to the
Federal government,

ESTABLISHED RIGHTS:

‘The Northern Arapaho enjoy a special relationship with the Federal government that no
other group in America has. Historically, this relationship between the Northern Arapaho and the
Federal Government has been expressed through the language of treaty and law. Further, this
relationship is specifically founded in the United States Constitution and is guaranteed through
Acts of Congress, presidential directives and judicial rulings. It is the right of the Northern
Arapaho to organize and be recognized by the Federal Government as a separate, distinct

political entity that has a direct relationship

ith the United States Government. Tribal input and
participation is required in the development of all Federal policies which directly affect the lives
of American Indian people. In April of 1994, the Department of Health and Human Services was
given the opportunity by the Office of Management and Budget to involve tribes and
representatives of tribes in the formulation of the Federal budget and decisions about the
President's budget. The Department of Health and Human Services is in the process of filling the
position of Intergovernmental Affairs Specialist within the Office of Intergovernmental Affairs.
‘This is a critical Northern Arapaho position that will be responsible for the Department's
implementation of the Federal initiatives and mandates related to government-to-government
consultation,


166

Nago Naton Lgiletive Pros forthe 107% Congres

40D of 25 USC guarantees enhanced educational and health care facilities to the
community. ‘The current facility does not meet the needs of the community, as itis only
‘open two days a week. Its services are at capacity, on average, only being able to serve
13 patients a day. ‘Those needing more immediate care or acute care must travel to the
THS hospital at Chinle, 60 miles away. Likewise, the community of Red Mesa is serviced
at Chinle, also neatly 60 miles away. ‘The House-passed FY 2002 Interior Appropriations
bill provides no funding to the Red Mesa Health Clinic and $2.6 million to the Pinon

Health Clinic. The Senate-passed bill provides $5 million and $2.6 million to Red Mesa
and Pinon, respectively.

REAUTHORIZATION OF THE INDIAN HEALTH CARE IMPROVEMENT ACT

Current authorization for the Indian Health Care Improvement Act (IHCIA) is
set 10 expire on September 30, 2001. Initially enacted in 1976, the IHCIA has been
periodically reauthorized over the past 25 years. As the keystone law that directs the
delivery of health care to American Indians and Alaska Natives, it is critical that this
important measure be reauthorized this year. Therefore, the Navajo Nation supports
and recommends the passage of S. 212, the Indian Health Care Improvement Act
Reauthorization of 2001, with the inclusion of provisions recommended by the Nation.
‘The Navajo Nation is particularly concemed that: mechanisms be reviewed to achieve
full funding for health care; Indian Health Services be mandated to provide a full range
of services; and an increased emphasis is placed on preventative medical practices. The
Navajo Nation requests the oppormnity to provide testimony at all Congressional
hearings in elation to the reauthorization of IHCIA.

ELEVATION OF DIRECTOR OF INDIAN HEALTH SERVICE

Ms. Chairman, the Navajo Nation thanks the continual support of this
Committee in supporting legislation to elevate the Director of the IHS to Assistant
Secretary for Indian Health, Elevating the IHS Director would result in greater
accessibility and authority within the Department of Health and Human Sérvices, and
would help ensure that the health care needs of Indian Country are more effectively

eos


98

5. On-Farm Practices. This portion of the project will involve a review of the existing
farming systems, develop sample farm budgets, determine the potential for improved
farming systems, and determine the present and future ability of water users to pay
for construction, operation, and maintenance. The Tribe will analyze cropping
patterns and make recommendations for changes and associated educational efforts.
‘The relative costs of categories of on-farm enhancements shall be developed. Cost
savings achieved in the other areas of the Project, including set aside of reserves.
shall be made available on a cost-share basis for on-farm improvements.

The estimated Project Funding is listed below:

A System Rehabilitation and Betterment $35,000.00
B Ray Lake Expansion $25,000,000
c Individual Irrigation Ditches. including Arapaho | $2,000,000
Ranch
D. Implementation of Management, Financial, and | $3,000,000
Operation and Maintenance Changes
Total $65.000,000

The authorizing and appropriating legislation should indicate that the funding is non-
reimbursable and available until expended. The United States promised the Tribe in 1905 to
construct an irrigation system, The BIA’s failure to maintain the system over the years has
prevented landowners from obtaining the revenue and value ftom their lands achieved by their non-
Indian neighbors. Therefore. making the rehabilitation and betterment project non-reimbursable is
fair and equitable.

1 believe that funding of the Wind River Irrigation Project rehabilitation and betterment
program may be a useful pilot project to identify the issues, concerns, problems, and successes in
bringing Indian irrigation projects up to levels equivalent to other federal irrigation projects.

IV. HOUSING

“The lack of adequate housing affects health, educational achievement, and work performance.
Many of our people live in substandard housing. For those who are lucky enough to live in a decent
home, it may be shared with two or three other families.

{TESTIMONY OF AND POSEY, CHAIRMAN. EASTERN SHOSHONE TRIBE
(ON THE GOALS AND PRIORITIES OFTHE 107 SESSION OF THE CONGRESS Page 9


140

Chairman Inouye, Vice Chairman Campbell and Members of the Indian Affairs Committee, 1 am
Jami Hamel I have the honor of serving as the Vice Chair of the Tribal Council for the Confederated
Salish and Kootenai Tribes of the Flathead Nation (CSKT). J bring you warm greetings from our Tribal
Council where you are well-regarded, We greatly appreciate you taking the time to schedule this
hearing and to seek our views and we also appreciate the time you have spent these past years visiting
Indian country. 1 am accompanied today by Anna Whiting Sorrel! who is the Director of our Office of
‘Support Services.

‘There are many issues that we could bring fo your attention but we are going to focus on Indian
health care in general and a particular aspect of tribal contracting with the Indian Health Service. First, |
wish to address a particular problem for Tribes assuming management of health programs with the [HS
wherein we believe tribal contractors are being treating in a discriminatory fashion by the IHS.

As you know, under the Indian Self-Determination Act, an Indian tribe can contract (which also
pertains to Self-Governance compacting) with the Indian Health Service to provide health care delivery
that the IHS would otherwise be legally obligated to provide directly Some tribes contract while others
allow the IHS to directly operate their clinics or hospitals (Service Units)

CSKT's health care delivery system is unique in Indian country No other CHS dependent tribe
has a reservation in excess of one million acres and a population of over 10,600 IHS eligible
beneficiaries.’ Most service units serving such a large user population provide care through their own
doctors at their own hospitals or clinics. In these locations, only the most serious cases are referred to
the private sector for treatment, which is then paid for with Contract Health Service (CHS) funds,

Congress has appropriated Catastrophic Health Emergency Fund (CHEF) to assist IHS in the
payment of extremely high cost CHS cases. The CHEF fund, by law, is managed by the IHS
Headquarters, which sets the operating policies and procedures. When health care costs for a single
incident are extraordinarily high (from an auto accident or complicated surgery for instance) and exceed
the threshold amount of $20,800 in costs, Tribes or Service Units are reimbursed with CHEF funds.
Because the CHEF fund is underfunded, IHS usually runs out money around the 10" month of the fiscal
year forcing Tribes and THS to look to other resources to pay for these necessary services.

When a tribe operating its own program under contract has a case that would normally qualify for
CHEF funding reimbursement and the national CHEF fund has run dry, THAT tribe is told that it 1s out
of luck and must either pay for the doctor bill themselves or stall the doctor or hospital and pay for with
the next fiscal year's funds. However, when a Service Unit being run directly by the IHS has a case that
would qualify for CHEF funds at that same time of year, 1.¢, when CHEF funds are gone, the IHS
simply reimburses the doctor/hospital with other IHS dollars (generally from pooled Contract Health
Service - CHS - funds from the region or nationally). Federal procurement policy restricts IHS from
using different fiscal year funds to pay for these cases, although IHS urges Self-Determination Tribes to
do so.

* Asa self-governance tbe, we have a signed compact and negotiate an Annual Funding Agreement (AFA) with the
IHS. Because there are a large number of already existing hospitals and clinics both on and immediately off our
reservation, the IHS at some point determined that it would not make sense to fund the construction of a facility at
Flathead As a result, we do not have an THS funded hospital or clinic and therefore must purchase our health care on
the open market through the Contract Health Service (CHS) budget of the IHS


91

Tribe seeks federal funding and authorities commensurate with what states and local governments
have received over the years to create viable economies. Funding which in many cases was based,
in part, on Native American populations, but which never showed up in comparable services to
Native American citizens of those states. In addition. we need to eliminate the multiple levels of
outside governmental interference such as state taxation which hinder our ability to create viable
economies. While several goals and priorities of my Tribe include additional federal funding, those
request merely attempt to achieve parity with federal benefits provided for decades to the non-Indian
citizens of this country, Now is the time to address the past and current shortfalls and bring
American Indians to parity with ather citizens.

1 EDUCATION

Our number one priority is education. A solid education in the basics: reading. writing, and
mathematics, combined with teaching of Native American values of respect for people, wise use of
natural resources, and perseverance to achieve success are key to self-determination and self-
sufficiency for our Tribal members.

The United States promised education resources in exchange for the hundreds of millions of
acres of land we gave to the United States. Land which the United States selected. in part, because
of its value for generating money. However, we have been kept from receiving our bargained for
share of the dollars for education generated from our lands. Moreover, many non-Indian public
schools which serve no Indian children are allowed to tax our natural resources, thus taking resources
away from our kids. Importantly. our Treaty guaranteed education resources even though the
Eastern Shoshone Tribe does not have a BIA school on our Reservation. Our Tribe needs to have
its Treaty rights honored in the area of education.

We need the tools to provide educational opportunities equal to those of other citizens of this,
great country. Early childhood leaning is fundamental to success in education. Programs such as
the Early Intervention Program, Early Headstart, and Headstart have proven track records. However,
‘many of these programs on our Reservation cannot serve all the children who need the benefits of
the programs. We have a waiting list of 50 children for Earlystart and 25 children for Headstart, In
addition, basic infrastructure to serve these programs such as adequate and safe buildings is lacking.

Grade school and high schoo! students also need resources and tools equal to that of other
Americans. First, we need funding at levels to attract quality teachers to rural communities, The
reality today is that we must compete for teachers with large metropolitan populations. Second, we
need adequate physical facilities including science labs, computers, and high speed Internet access
to make sure our children are ready to take their productive place in society. A key component of
attracting jobs to the Reservation is a qualified workforce.

TESTIMONY OF WAND POSEY, CHAIRMAN, EASTERN SHOSHONE TRIBE
(ONTHE GOALS AND FRIORTIS OFTHE [0 SESSION OF THE CONGRESS Page 2


11

ator Baucus introduced the Rocky Boy North Central Montana Re-
gional Water System Act of 2001. I presume you're in favor of it.

Mr. SUNCHILD. Yes; I am. I just did not mention that one because
I didn’t want to cut into Mr. Windy Boy’s very important health
issues. I am in full support of that. In fact, I sit on the ad hoc com-
mittee I cochair with Van Kyle. And I am in full support of that
because it will help not only Chippewa Cree Tribe, but the North
Central Montana people that really in desperate need of water.

The CHAIRMAN. So this is a joint effort on the part of Indian and
non-Indian communities?

Mr. SUNCHILD. Yes, sir.

The CHAIRMAN. It will benefit both communities?

Mr. SUNCHILD. It will benefit both communities—all commu-
nities.

The CHAIRMAN. Are you aware whether the State is in favor of
it?

Mr. SUNCHILD. Yes; they are. In fact, the Governor was willing
to testify on our behalf.

The CHAIRMAN. Well, we'll take a good look at it.

Mr. SUNCHILD. I appreciate it, and I appreciate your mentioning
it.

The CHAIRMAN. Thank you very much, sir. Now may I call upon
the next panel: the president of North Cheyenne Tribal Council of
Lame Deer, MT, Geri Small; the chairman of the Shoshone Busi-
ness Council of Fort Washakie, WY, Ivan Posey; the vice chairman
of the Blackfeet Tribal Business Council of Browning, MT, Darrell
“Gordo” Horn; and the vice chair of the Salish and Kootenai Tribal
Council, Pablo, MT, Jami Hamel.

It’s my pleasure to first call upon President Small.

STATEMENT OF GERI SMALL, PRESIDENT, NORTHERN
CHEYENNE TRIBAL COUNCIL

Ms. SMALL. Good morning. My name is Geri Small. I am an en-
rolled member of the Northern Cheyenne Tribe and the president
of the Northern Cheyenne Tribe.

I think you have all received my testimony. I am going to give
a brief summary and also go over some of the funding needs and
unmet needs of our tribe. I will summarize some of these needs in
my testimony today. However, attached to my testimony is a more
specific report submitted from the tribal program directors. Please
take the time to read these reports for more detailed an expla-
nation in support of my testimony today.

A needs assessment has been completed by the Bureau of Rec-
lamation for the preliminary planning of a municipal, rural and in-
dustrial water system to serve the reservation. The assessment re-
veals that there is a dire need for an MR~-I system on the reserva-
tion. This pre-feasibility study provides enough information to de-
termine the scope of the feasibility study. The tribe requests
$500,000 to initiate a feasibility study. The feasibility report will
show that the proposed project is feasible and meets the NEPA re-
quirements. The study will be primarily a supporting document for
a subsequent funding request to Congress to design and construct
and MR-I system.


oT

pipelines. canal lining. and on-farm improvements. The Tribe has experienced first hand the results,
of the BIA’s failure to properly maintain the system. The Tribe has had to deal with major canal
blowouts and safety of dams issue at irrigation reservoirs. Importantly, the Tribe has approached
the project not only from the physical structure standpoint, but also have done reviews for the
‘management, finances, and maintenance of the project

A Ise of Irri Fund:

The Project will implement solutions in the areas of physical improvements. management.
maintenance, equipment, project finances, governing structure, and on-farm improvements. Funding
for the project will occur over five years, provided that completion of physical improvements may
extend over a longer period of time. The intended goals in each area are as follows:

1. Physical System. The Project shall assess and identify the physical condition of the
system, make necessary repairs or replacements. and reconfigure portions of the
project as appropriate. The construction work shall be planned to provide the least
disruption to ongoing farming operations.

2. Management. The Project will identify the adequacy of the existing formal and
informal organizational structures. determine the suitability of rules that govern the
Project, and make recommendations to correct any deficiencies or to improve the
system. The Tribe will review potential organizational structures which take into
consideration the rights and responsibilities of the Tribe, the water users, non-water
user landowners, and the federal government. The Tribe may come back to Congress.
if additional authority is necessary to implement changes in the organizational
structure of the Project. The Management review will identify recommendations for
staffing, water requests, for delivery of water, water measurement, drought
conditions, and enforcement. The Tribe also will review the land leasing procedures
related to development of the lands served by the project to improve the ability of
landowners to have their lands be productive. This will generate income to cover
O&M charges.

3. Finances. The Tribe will complete evaluation of the financial stability and financial
controls ofthe project. The report shall evaluate the long term viability ofthe project
and identify means for funding operations and maintenance and reserves for future
rehabilitation needs. The Tribe shal] evaluate issues of ability to pay. collection of
delinquencies, and accountability.

4. Maintenance and Equipment. The Project shall evaluate and determine the existing
inventory of equipment, its condition, and its suitability. The relative costs of
equipment also shall be identified. The Tribe will implement recommendations
concerning recommended levels of equipment needed for the irrigation project.

‘TESTIMONY OF IVAN D POSEY, CHAIRMAN, EASTERN SHOSHONE TRIBE
[ON THE GOALS AND PRIORITIES OF THE 107TM SESSION OF THE CONGRESS. Page 8


102

X, TRIBAL COURTS

Congress needs to fully fund the Indian Tribal Justice Act nationwide. A key component of
the legal infrastructure 1s tribal court system. In addition to physical infrastructure, businesses and
reservation residents need a working legal infrastructure. A system that can fairly and in a timely
manner resolve disputes of a commercial nature is vital to economic development

Importantly. an adequate tribal court is vital to ensuring the safety of residents of the
reservation, A fully operational court system is central to a safe and orderly community. Key to
stopping persons from criminal activity is a court system that 1s adequately staffed with judges,
prosecutors, defenders. and probation officers. Holding people accountable when they first get into
(rouble. in conjunction with options such as a viable job market. are important to reducing crime
The Indian Tribal Justice Act was passed in 1993, the beginning of this new millennium is not too
late to implement the goals of the law

Currently, the Shoshone and Arapaho Tribal Court is understaffed. ‘There are only three
judges who hear all cases. There are 3 clerks on staff who process the 3,000 plus civil cases, divorce
cases, custody eases and 500 plus juvenile files and take care of the business that flows through the
court system everyday. ‘The court system is in dire need of a computerized database on which all
cases could be loaded. There is a need for 2 more judges. 3 more clerks, a public defender, a
juvenile officer. and a probation officer plus equipment. With the increase to our juvenile cases there
is @ need for a juvenile officer to monitor juveniles sentences.

XI. NATURAL RESOURCES.

The Eastern Shoshone Tribe requests $1,000,000 for critical staffing and technical needs in
the natural resources area. Land is a key Tribal asset, in addition to our people, and itis central to
our Tribe's ability to move forward economically. Putting our land to productive use requires
federal approval for almost every individual action. However, lack of manpower in key areas has
severely limited wise use of the natural resources and in some cases creates burdens on the land
which make it nearly impossible to use. Therefore, I request a specific appropriation for a full time
surveyor, appraiser, geologist, and petroleum engineer for the Wind River Reservation. In a effort
to partially deal with fractionated interest problems related to leasing of lands, individuals have
attempted to consolidate their interests through exchange and panttioning. Services required include
surveying reservation boundaries, homesites, trust property boundary disputes, trust partitions, road
and utility easements, and to verify the existing old land survey as it relates to trust properties.
Appraisers are key to getting leases approved to put land into production, thus generating income
for our members. For example, failure to get lands appraised prevents their being leased, which
eliminates funds for to pay operations and maintenance charges, which then become a lien which
increases the cost of ieasing in the future, We also have significant mineral development potential
‘on our reservation. The addition of a geologist, petroleum engineer, and field inspection staff will
result in net cost savings because this expertise is hired on a consultant basis at this point in time.

TESTIMONY OF IVAN D POSEY. CHAIRMAN, EASTERN SHOSHONE TRIBE
‘ON THE GOALS AND PRIORITIES OF THE 107" SESSION OF THE CONGRESS Page 13


118

(1) through its Riverton Exchange, roughly % of the
households who reported having telephone service in
the tribal 1998 Survey, Those households are located
inthe area around Arapaho, Kinnear, and St. Stephens,
(as well as customers in and around the town of
Riverton and the U.S. Bureau of Reclamation area, both
part of the Reservation but excluded from the 1998
Survey) and

(2) _ through its Lander Exchange, roughly the other % of
the households who reported having telephone service
in the 1998 Survey. Those households are located in
the areas within the exterior boundaries of the
Reservation known generally as Ft. Washakie and
Ethete (as well as customers in the community
surrounding and within the town of Lander outside the
Reservation).

#13-18 Availability and Cost of Service

1. Availability

COMMENT:
The 3 telephone companies whose local exchange territories cover the
Reservation (U.S. West, DTE. and RTC) each provide “buried” telephone
service within the exterior boundaries of the Reservation. Although these
companies initially install and provide “buried” telephone services and
compete with other companies for long distance service to its customers,
U.S. West must now compete, as a result of Wyoming's 1995
Telecommunication’s Act, with other “reseller” companies such as McLeod
to provide local phone services to customers within its exchange areas. In
addition, Bureau of Indian Affairs realty records show 3 approved microwave
relay sites on tribal lands. As a result, Union Cellular and other local
“independent carriers” provide cellular or wireless telephone service to the
Reservation via microwave relay sites.

BIA’s Rocky Mountain Regional Office and Central Office (Washington DC)
are presently in the process of implementing the Trust Asset and Accounting
System (TAAMS) within the Regional Agency offices. One major existing
problem which the BIA and all other governmental, business, and residential
customers within the exterior boundares of the Reservation have
encountered is that a “T1” line (high speed data line) is presently


65

4, Fire Protection Program

The fire protection program serves the entire Northern Cheyenne Reservation
which has a population of well over 7000 residents. The average number of calls per
year is 120 and the calls consist of structure fires, grass/wild land fires near structures,
vehicle fires/extrication, assisting ambulance, hazardous materials and search and rescue.

Out of the two hundred most hazardous fire areas in the United States, nine of
these are in the State of Montana, and four are located on the Northem Cheyenne
reservation.

‘The current equipment utilized by the Northem Cheyenne Fire Protection
program consist of:

1995 pumper truck owned by the Bureau of Indian Affairs

1968 small pumper in Busby, also owned by the BIA

1977 pumper owned by the Tribe

1000 gallon tanker owned by the Tribe

1995 Mack truck

Our vehicles are old and outdated. They require a lot of maintenance to keep
them running, which does not necessarily mean that they are in good working condition.
Half of the fire hydrants in town do not work. All of the out-of-town runs require a
tanker truck, which we do not have. We desperately need tankers to meet our water
supply needs.

To bring our fire department up to the operating standards to meet the needs of
the Northem Cheyenne reservation we would require:

‘Two Super Tanker Trucks

‘These trucks have 3,000-gallon tanks with all the capacity to pump as a regular
pumper truck. Needed to help make up for our deficient water supply. Ideally we
‘would house one in Lame Deer and one in Busby.

‘Two Tanker Trucks
‘Trucks with 2-3,000 gallon tanks, capable of some pumping.


71

IN. HOUSING ($4 mil

yn additionally)

Under NAHASDA, the Tribe receives approximately $3 million per year to
address the Tribe's housing needs. At the present time, there are over 700 eligible
families placed on our Housing Authority's waiting list. Families are forced to live
together in one home as off-Reservation housing is also scarce. In some instances, as
‘many as four families are forced to live together in a home.

Obviously, this many families living in one home contributes greatly to the
degradation of the home and renovation costs become burdensome. The Northern
Cheyenne Housing Authority is lucky to build twenty units a year with the NAHASDA
funds it receives. At this rate, the Tribe will not be able to provide every family presently
‘on the Northern Cheyenne Housing Authority's waiting list a home for another 35 years.

This critical housing shortage is exacerbated by the extremely shoddy
construction of hundreds of houses on the Reservation, especially in the older housing
projects. Unscrupulous contractors committed numerous fraudulent acts ranging from the
use of substandard materials to billing for services that were never provided.

‘The end result is hundreds of houses with foundation, roofing, and other basic
construction deficiencies which have severely shortened their projected duration and
quality of Indian housing. More money for major rehabilitation or in some instances

demolition and disposition is needed to address the poor quality of housing construction.


16

have significantly reduced storage. For example, it is estimated
that Washakie Reservoir may be out of water except for a reserve
for the municipal systems by the time of this hearing.

These conditions have reduced the carrying capacity of our range
lands. We do see yield on crops such as hay and alfalfa used for
winter feed, and place drinking water systems at risk. For many
of our residents, Indian and non-Indians, income from growing for-
age crops or the raising of cattle is the difference between able to
pay the fuel bill or eating. We are doing everything we can do to
stretch the use of the water to the maximum, but that will not be
enough. We need to begin immediately to get drought assistance
out to the reservations before we have a catastrophe. Getting as-
sistance to our farmers and ranchers now will prevent greater
hardships this winter. In addition to immediate relief, Congress
should provide authority to tribes to declare areas on reservations
as disaster or drought areas. Many times with the competing inter-
ests claiming state officials’ time, we get left behind, or it is as-
sumed that the Federal Government is addressing all our needs.
Providing the authority to tribal chairmen under the same condi-
tions used by Governors will make sure emergency needs of our
members are addressed in a timely manner.

Telecommunications. As you are well aware, adequate tele-
communication service is vital to competing in the current econ-
omy. Moreover, access to the basic phone can mean life or death
in an emergency in the rural areas of our reservation. The Eastern
Shoshone Tribe urges passage of S. 761, the Native American Tele-
communications Improvement and Value Enhancement Act or simi-
lar legislation. Telecommunications on the Wind River Reservation
is significantly below average, even for rural Wyoming. Tele-
communications in the area of commerce, the inferior quality of
which presently affects every aspect of life here on the Wind River
Reservation. I have some information attached to my written testi-
mony for the committee.

The tribe has been investigating pursuing solutions to our tele-
communications problems during the last couple of years. We see
a low-interest loan program for improvement of telecommuni-
cations services on Indian reservations such as the one proposed in
S. 765 as an important part of our overall solution. The availability
of quality telecommunications is important to our ability to in-
crease economic activity on the reservation.

I would like briefly to touch on our roads. Obviously, we need
more resources in terms of reservation roads. President Small
briefly touched on the need for roads and the safety issues concern-
ing our roads. If we want to attract viable businesses and become
attractive to outside businesses, we need the infrastructure, which
includes a roads and transporting systems.

She also touched on tribal courts. Congress needs to fully fund
the Tribal Justice Act from 1992. A key component of the sov-
ereignty and legal infrastructure of tribal governments is our court
systems. Currently, I would say probably in Montana-Wyoming, all
our tribal court systems are underfunded and under-staffed. I think
we need to be open to hear and listen to new and innovative ways
of providing justice within our tribal court systems.


160

[Nang Nation Lgisaie Preis forthe 107* Congress

population was 69,000. Today the population is well above 220,000. Law enforcement
officers are serving a diverse population and encountering increasing jurisdictional
‘complexities, yet Navajo Nation jails are continuously experiencing leaking roofs, shifting
walls, increasing numbers of escapes and suicides, while still bound to a consent decree
requiring the jails to attempt to maintain a standard the Navajo Nation cannot afford.
Our existing jail space has not met the needs of our court system to allow our judges to

impose punishment to uphold and enforce our most basic criminal laws.
COMMUNICATION AND TECHNOLOGY

‘The Navajo Nation's 324 police officers respond to neatly a quarter of a million
calls for services per year of which 18,000 are considered serious, requiring in-depth
ctiminal investigations, Manpower, infrastructure, equipment and vehicle needs have
always overshadowed technology, communication and equitable pay issues. Navajo
police officers, investigators and other public safety service providers still face “dead
areas" in their communication systems not only creating response issues to those
communities but safety issues for police officers and other emergency responders.
Navajo law enforcement is also faced with the lack of technological support to establish
a local area network between its seven police districts as well as other criminal justice
agencies that would support an effective integrated information management and
communications system.

QUALITY ASSESSMENTS OF THE CONSULTATION MEETINGS

Finally, it is critical that the Federal Law Enforcement Initiative's USDOJ Grants
and additional dollars to BIALES be farther evaluated to determine its effectiveness in
adequately meeting the needs of the Navajo Nation. Currently, the Navajo Nation has to
compete with federal and state institutions to be considered for these grants. Although
federal efforts have been highlighted and oftentimes mentioned with high regards, the
comments by Indian tribes at USDOJ consultation meetings have been nothing but
outcries of tragic situations and dire needs of law enforcement in Indian Country. The
USDO} has yet to answer critical criminal justice concerns raised by Tribal leaders at the



99

Reading with a child when they are infants and toddlers has been shown to have significant
benefits in educational success. You can’t expect a parent to read to a child when they have to spend
their time just trying to keep the child warm in a house where being inside is not materially different
than being directly out in the elements. Throughout Indian country there are a number of deaths
each year due to fires in homes with inadequate wiring or heating systems. Importantly, we also
have people who live in homes where fire is the sole source of heat and there is no running water.

There isa large need for additional housing on our reservation. In our housing improvement
program which serves elderly and handicapped low income individuals we have 110 homes which
need repairs. For our general housing program, there is an unmet need of 75 homes. For example
cn the Wind River Reservation, 22.8% of the dwellings have more than one family living in them.
Housing support for large land-based tribes such as the Eastern Shoshone Tribe also needs to take
into consideration the rural nature of our reservation. Basic services such as water, electricity,
telephone, and Internet are greater on a per household basis. In addition, costs of transportation of
materials to building sites is greater. Congress needs to make full housing for Indian families a goal
of the 107 Congress.

V. TAXATION

The Eastern Shoshone Tribe urges amendments to federal laws to provide tax relief to
existing and potential taxpayers so that the benefits of increasing the economic base of the Wind
River Reservation can be maximized. The Tribe requests passage of H.R. 224 which extends the
Indian employment credit and depreciation rules for property used predominately within an Indian
Reservation. We also seek amendments to federal laws to treat our Tribe as favorably as state
governments for taxation purposes by expanding our authority to issues tax exempt bonds for
development purposes and to issues such bonds for private activity purposes. The Tribe also desires
amendments to the payment in lieu of taxes ("PILT") program which will allow tribes to receive the
same benefits as state and local governments which have non-taxable federal lands within in their
jurisdiction. Finally, Congress should prohibit dual taxation of Reservation resources by states, or
in the alternative, require that 100% of such collected taxes be returned to the Tribal government to
provide services on the Reservation.

The ability of any government to provide basic services to its residents is dependant on a
viable tax base. The viability of Reservation tax bases has been undercut by legislation and court
decisions throughout the years. The United States cannot in good conscience tell the tribes itis their
responsibility to create a vibrant economy, but eliminate or fail to provide the necessary tools.

agree that we have a responsibility for creating viable communities on our Reservation. To
that end, we are upgrading and adding new business related laws to provide certainty and
predictability to entities doing business on the Reservation. In addition, we have established an
economic development corporation to spearhead and facilitate increased business activity on the

TESTIMONY OF WAN D POSEY. CHAIRMAN, EASTERN SHOSHONE TRIBE
(ON THE GOALS AND PRIORITIES OF THE 107" SESSION OFTHE CONGRESS Page 10


21

Ms. SMALL. Right.

Senator CAMPBELL. Who owns the surface rights? Is that Federal
Government that owns the surface rights?

Ms. SMALL. Yes.

Senator CAMPBELL. Or owns the whole thing now?

Ms. SMALL. Yes; they own the whole thing.

Senator CAMPBELL. I see. And the transfer allowed the State of
Montana to profit from it, to mine it, to control the coal under it?

Ms. SMALL. Yes.

Senator CAMPBELL. Does the surface—the whole thing trans-
ferred to them, the surface rights, too?

Ms. SMALL. It hasn’t been transferred yet.

Senator CAMPBELL. Has not been yet.

Ms. SMALL. No; and the tribe wants to intervene in that process
so the —

Senator CAMPBELL. It borders the reservation?

Ms. SMALL. Yes; it’s right along the Tongue River.

Senator CAMPBELL. Are there other resources under there, like
coalbed methane gas, which often comes with coal?

Ms. SMALL. There is, because it is right adjacent to the reserva-
tion.

Senator CAMPBELL. And I happened to live on the Southern Ute
Reservation, Mr. Chairman, and there are huge deposits of coal
and coalbed methane, too. And as I understand it, the coalbed
doesn’t move, but the gas does. So if there’s a seam and if you have
a property right line, you could drill on one side of that line and
actually drain the gas from the other side of the line, from your
neighbor. That’s the way gas moves around, unlike coal. I think it’s
really a major problem and certainly not in the best interests of the
tribe to have the State enter an agreement without the tribe even
knowing about it. But I did want to get that on the record and get
it clarified a little bit.

I think that’s the only questions I had to ask, Mr. Chairman.

Ms. SMALL. Thank you.

The CHAIRMAN. It might be something that would require some
legislation. I would be very happy to work with you on this.

Senator CAMPBELL. I would appreciate that. I also mentioned to
them, I don’t know where it’s at or what the tribe has done, but
they might have to try to get an injunction until the thing is dealt
with, too. Thank you.

The CHarrMAN. I would like to ask all of you a few fundamental
questions so that the committee can get a better understanding.
What is the population of your tribe?

Ms. SMALL. Total about 8,000.

The CHAIRMAN. What is the rate of unemployment?

Ms. SMALL. 65 percent to 70 percent.

The CHAIRMAN. 65 percent?

Ms. SMALL. Yes.

The CHAIRMAN. And what is your economic base at this moment?

Ms. SMALL. Timber and agriculture, cattle.

The CHAIRMAN. And you are looking to other sources of income?

Ms. SMALL. Yes.

The CHAIRMAN. And Chairman Posey, what is your population?


50

The Tribe's fire protection program needs updated equipment, The Tribe's
vehicles are old and outdated. Furthermore, over half of the fire hydrants in Lame
Deer do not work, The fires located out-of-town require a tanker truck which the
Lame Deer Fire Department does not have. In order to purchase materials and
equipment necessary to provide reliable fire protection services, the Tribe needs
funding in the amount of $600,000.00.
Health Care Needs

Diabetes is devastating our Tribal population. Screening of the children
going to school on our Reservation revealed that 86% of our children are at risk for
diabetes. Presently, 443 people residing on the reservation have diabetes. 301 of
these people utilize the local [HS clinic to treat their condition. The people that are
on dialysis must travel 58 miles one way to Crow Agency. The initial dialysis
treatment is provided 110 miles away in Billings, Montana. The Tribe is in dire
need of its own dialysis facility. The Tribe proposes to renovate a present facility
in order to operate and maintain a dialysis facility. The Tribe requests $500,000.00
for the facility and $432,000.00 annually for operation and maintenance of the
facility.

Our Reservation also suffers from a high rate of drug and alcohol abuse.

The Tribe receives $65,000 per year to serve approximately 500 adults. The Tribe


95

D. Third Party Resources/Reimbursements

On July 1, 2001, our service unit was granted authority to bill and collect for health
care services that are provided 10 Medicare patients. The inclusion of Medicare as a third party
resource represents a significant opportunity for the Wind River Service Unit. It will provide
additional resources that are critical to the ongoing financial viability and continued operation of the
service unit, Historically, third party reimbursements (which have included Medicaid and private
insurance only) have provided funding for approximately 20 % of the service unit's annual budget.
Without third party resources, the service unit would be severely limited in the health services that
it provides to its patients,

The intent of billing and receiving payments from third party resources, such as Medicare
and Medicaid, is to enhance health care services to American Indians. But, due to inadequate
appropriations for the Indian Health Service budget, they have been used 1o supplement American
Indian health care services and not for enhancement as they were originally intended. (Exhibit # 3
contains information regarding third party reimbursements for the Wind River Service Unit.)

E. Transfer Indian Health Service Budget

‘The budget that funds the Indian Health Service needs to be transferred from the Department
of Interior and be placed under the Department of Health and Human Services. The Indian Health
Service deals specifically with health care for living human beings. [tis unconscionable that citizens
of the United States, who have been promised standard health care through treaties and are in dire
need of such services, have to compete with animals, trees, and birds for funds to meet a most basis
human need of adequate health care. By transferring the Indian Health Service budget to the
Department of Health and Human Services, American Indians will be afforded the same benefits that
are enjoyed by other citizens of the United States and the state of Wyoming. Anything less will not
be equal treatment or fair.

Il. IRRIGATION

‘One cannot have a viable economy and the decent standard of living without adequate
quantities and quality of water resources. The United States litigated successfully over decades to
secure water rights for the Tribe. It would be a travesty of justice to fail to provide resources to put
that water to use in beneficial manner. The United States spent decades providing free or low cost
funds to develop massive subsidized water infrastructure for non-Indians all over the West while
Indians were left in poverty. We deserve the same level of resource development funds provided
to our non-Indian neighbors. The Wind River Reservation requests $65,000,000 to rehabilitate and
improve the irrigation systems and water supply serving trust lands on the Reservation. The funding

‘TESTIMONY OF IVAN’D POSEY. CHAIRMAN. EASTERN SHOSHONE TRIBE
(ON THE GOALS AND PRIORITIES OF THE 107 SESSION OF THE CONGRESS Page 6


33

¢. FACILITIES AND RELATED SUPPORT:
i, ‘The Arapaho tribe is in need of more medical staff, buildings and equipment
to house them, especially true for the needs for more dentists
‘optometrists, and podiatrists. As the Arapaho tribe has a high

disproportionate number of diabetics to general population, we feel the need
for more support to address this deadly disease. Diabetes often leads to
Gialysis or amputation and with the amount of people on dialysis; we feel we
need a dialysis center. ‘The special diabetes grant for a five year period will
certainly help to fight this deadly disease but after five years; where do we go
from there?

ii, ‘There are two sites served by Tribal Health; one site is at Arapahoe and the
other site is at Ethete. We need two new buildings or modulars. The Ethete
site will house the Tribal Health Administration, CHRs, and the Special
Diabetes Program. The Arapahoe site will house the CHRs and other special
programs. There are 10 employees at the Ethete site and 8 at the Arapahoe
site. Presently, the Arapaho Business Council has a request submitted to the
‘Area Director asking to purchase two modular buildings and these are to be
placed at Arapahoe and Ethete, The process for purchasing the modulars are
described in the request submitted to the Area Director (see attached letter).
‘The buildings housing the CHRs at Arapahoe still has lead base paint on the
walls and exposed asbestos in the tiles on the floor. The building is not
handicapped accessible. The building housing the CHRs at Ethete is also not
handicapped accessible and is not in compliance with fire safety standards.

iii, Transportation is a real problem for Tribal Health. We transport locally and
out of state for medical and substance abuse issues. The CHRs do most of the
transporting. Not too long ago, OMB felt the CHRs were nothing more than

taxi cab drivers and as a consequence, the CHR budget was cut nationally.
‘The Arapaho CHRs need to be relieved of this burden. At one time, at the


168

Nena Neton L Pritt forthe 107 Congress

Nation and other Indian tribes to exercise self-determination through the provision of
educational services. The Navajo Nation, along with the Three Affiliated Tribes of
North Dakota, could not support the version of Senate Amendment 505 after it was
reported out of this Committee on March 3, 2001. ‘The language that came out of mark-
up took away the tribes’ right to oversee tribal educational polices; this was not the intent
of Senator Inouye or Senator Campbell's original bill. Therefore, based on our intensive
deliberations with the Committee staff regarding the mark-up version of S, 211 (Senate
‘Amendment 505), we ask that consultation with the Navajo Nation be maintained and
improved upon. We recognize that the uibal process to comment on urgent legislation.
should be done at a quicker pace, but to formulate the position of the Navajo Nation
takes time. And while our schedule may be inconvenient to respond to the Committee's
legislative timeframe, the Navajo Nation must insure that its position and
recommendations are conveyed according to the best interest of the Navajo people,
‘Therefore, the Navajo Nation requests the continual assistance of this Committee to
ensure that these provisions are included in H.R. 1 as the House and Senate begin
negotiations on the bill.

Furthermore, the Navajo Nation is supportive of the maintenance of all currently
authorized programs set forth in Title IX of the Elementary and Secondary Education
‘Act of 1965. While some of the programs contained in Title IX have not recently been
funded, including the provisions relative to estblishment of Tribal Education
Departments (TEDs), the purposes and objectives set forth in these programs continue
to be valid and important in the delivery of education and education-related services to
Navajo students.

‘The Navajo Nation’s education challenge is overseeing a vatiety of schools: BLA,
public, charter, grant and private schools that all have unique systems. Each system has
its own funding sources and policies under the oversight of an elected school board.
‘The Navajo Nation is now moving toward the establishment of its Navajo Nation
Department of Education, which will address the need for coordination and provision of

Baa


: EXHIBIT A
Map of h-servation in Relation to State of: oming

ee sane ne Wt sarees 7 MQUNOLENNS, 5 Rend cen re Monat ne oe



17

Another key issue I would like to touch on is the land and the
trust. In the effort to reduce jurisdictional disputes, increase tribal
income and provide more jobs to tribal members, the tribe has pur-
chased several tracts of land over the years. We have been attempt-
ing for 10 years to put these lands into trust. The current system
is unworkable and unmanageable. About the time we think we
have all the necessary paperwork, the requirements shift. And we
are the tribe with specific authority to acquire lands on the res-
ervation. Congress needs to streamline this process. I recommend
that the requirements for on-reservation acquisitions parallel the
standards for transfer of excess lands on the reservations to tribes.

Last but not least, I would like to discuss the Council of Large
Land-based Tribes, which is newly formed and which is a voice for
large land-based treaty tribes which the Wind River Reservation,
as I mentioned earlier in my statement, has a lot of land. And it
will provide a forum for us to come forward and discuss lands, dis-
cuss areas or issues that are relevant to large land-based tribes.
Sometimes we feel our voice is not heard. So this will be a new or-
ganization that we hope will become stronger in the years so that
our large rural communities’ voice will be heard.

And as Senator Thomas well knows, every time I come out I talk
about BIA reform. And I think if it’s a legacy that the Senators of
this committee would like to undertake, I think it would be well
worth it.

As my testimony indicates, there are numerous issues involving
tribes that need attention. I come here as a voice for my people—
the past, present and future generations who have seen and will
see significant changes in the world. The largest population of our
tribal society is our young people, and the wisdom and the knowl-
edge of our elders is leaving us fast; 100 years ago, it was said our
people would be extinct. Museums and universities stowed our an-
cestors’ remains and ceremonial objects in their institutions so that
we may be studied and analyzed. you can see, we are still here,
a testimony to resiliency and to the determination of the human
spirit. Our members continue to increase and our voice becomes
stronger. American Indians cannot only contribute to one another,
but have a tremendous amount to offer society as well. As a great
lady Indian in the country, and many of you know her, LaDonna
Harris stated, “There are no Indian problems. There are just basic
human problems that affect Indian people more at times.”

Thank you.

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

The CHAIRMAN. Thank you very much, Chairman Posey.

And now may I call upon Vice Chair Hamel.

STATEMENT OF JAMI HAMEL, VICE CHAIR, SALISH AND
KOOTENAI TRIBAL COUNCIL, ACCOMPANIED BY ANNA WHIT-
ING SORRELL, DIRECTOR, OFFICE OF SUPPORT SERVICES,
SALISH AND KOOTENAI TRIBAL COUNCIL

Ms. HAMEL. Chairman Inouye, Vice Chairman Campbell and
members of the Indian Affairs Committee, 1 am Jami Hamel, vice
chair of the Confederated Salish and Kootenai Tribes of the Flat-
head Nation. I bring you warm preetin from our tribal council,
as you are well-regarded at Flathead. We greatly appreciate your


61

the far end of Pond 3. Two floating baffles will be installed in Pond 3 to increase detention time.
Pond 3 serves as the Polishing Pond,

‘These represent all of the major design goals of Phases 1 and 2 of the Proposed Lame Deer
Wastewater Pond Improvements Project.

‘The higher loading and increased pond depth results in a minimal amount of pond area
expansion. The estimated 2 acres of land area is un-leased Tribally owned land available adjacent
to the ponds, representing and in-kind Tribal contribution. The IHS projects that the upgrade
would allow for a 40% increase of BOD loading. Operations and maintenance requirements will
increase due to the construction of a wastewater lift station, however the overall maintenance for
the system will remain low. The cost of improving the wastewater pond system under this
alternative is 60.

While the Lame Deer wastewater pond improvements project will address the sewage problem in
the short-term, the long-term goal of providing adequate sewer services to the town of Lame
Deer that accommodates population and business growth for many generations is still addressed
The Northem Cheyenne Tribe is proposing the construction of a sewage treatment plant to meet
is long-term community development and infrastructure goals. This facility would be located
outside of the Lame Deer community and would serve the community and all outlying residences
upstream from it. The annual Operation and maintenance for this facility is estimated at
$250,000 per year. The construction costs are estimated at $4,000,000. Construction costs
include all pre-construction activities (ie. siting studies, architectural design, etc.). The Northem
Cheyenne Tribe's contribution to the project is the land base that the facility will be sited on.



130

eligible for any further $7.00 reduction based on their otherwise
meeting any low-income test. Thus, low-income residents pay the
same maximum fee as high-income residents, provided these
residents live outside a “basic rate area’ (i.e, outside the city limits
of towns designated as Exchange Area Centers). Only qualifying
jow-income residents in town, therefore, have their bills reduced by
this $7.00 credit; and

3. Qualified low-income residents on the Reservation would be
eligible, nevertheless, for a 50% reduction on their “switchboard
activation” hook-up fee when initiating service through U.S. West's
“Link-up Program.” Although this comprises only a minor portion of
a new subscriber's expense in those cases where a new line must
be constructed, it is beneficial in the more common case of re-
activating phone service to a previously served location provided
the customer is made aware of the Program.

J. #58-67 Designation of “Eligible Carrier”

c

The Tribe does not have sufficient information or expertise to form an opinion, at
this time, as to whether or not the FCC should designate an “eligible carrier’ to
receive federal price supports when that carrier is serving low-income consumers
both on and off tribal areas.

K. #68-93 Recommended Requirements for “Unserved Areas”

‘The Tribe does not have sufficient information or expertise to make
recommendations, at this time, of factors for determining when a carrier should
‘be required to provide services to an otherwise “unserved” area nor whether , in
those circumstances, competitive bidding or making other inquiries (to determine
which carrer is best able to provide those services) should be required.

L #94-98 Recommendation for increasing Usage

‘The Tribe believes that additional price supports for law-income consumers is
necessary to increase usage among tribal members within the exterior
boundaries of the Reservation. The cost of line extensions is prohibitively
expensive for most residents given the average annual household income on the

18


114

described him or herself as head of the household. Interviews lasted 30 to 75
minutes depending upon household size, were voluntary, and anonymous.
Interviews were conducted in 76.6% of all Indian homes and 56% of all non-Indian
homes. Less than 5% declined to participate, while the balance of households not
interviewed was, in the case of Indian households, a consequence of no person 19
years of age or older being available at the home after several attempts by
interviewers and, in the case of non-Indian households, of a shortage of time and
resources for more interviews in those areas of the Reservation comprised primarily
of non-Indian residents.

1. Total Population

COMMENT:
‘The 1998 Survey estimates the population of that portion of the Reservation
included in the Survey to be as follows -

ALL 7,680
Eastern Shoshone 1,630
Northern Arapaho 3,810
Other Indians 660
Non-Indians 1.530

2. Population Density

COMMENT:

‘The Reservation is comprised of 2,200,000 acres. Excluding the town of
Riverton (estimated at 40,000 acres) and the Bureau of Reclamation area
(estimated at 405,000 acres), the population density of the Reservation is 2.8
persons/square mile,

3. Percentage of Households with Telephone Service
IT:

COMMENT:
The foilowing percentage of respondents to the 1998 Survey stated they had
telephone service -

ALL 66.8%
Eastem Shoshone 66.0%
Northem Arapaho 56.2%
Indians 59.9%
Non-indians 92.4%


116

‘on the Reservation with annual income below the Poverty Threshold,
according to a 1998 Survey, is -

All 53.2%
Eastern Shoshone 49.9%
Northern Arapaho 62.4%
indians 57.8%
Non-indians 26.7%

5. Unemployment

COMMEN’

According to the 1998 Survey, the percent of adults aged 18-54 who are
unemployed (excluding retired persons, those unable to work, persons with
significant responsibilities for the care of others, and homemakers) and
residing on the Reservation is -

All 49.0%
Eastern Shoshone 47.8%
Norther Arapaho 58.0%
Indians 53.9%
Non-Indians. 19.2%

6. Correlation with Census Territories

COMMENT:

There are essentially 5 different local telephone service territories which
extend onto the Reservation, none of which coincide either with the
Reservation boundaries or the U.S. census block boundaries. 2 of the
Census Tracts (#9831 and #9832) do lie totally within the exterior boundaries
of the Reservation, while Census Tract #9877 includes both the area of the
Reservation north of Fremont County and within Hot Springs County as well
as a large area within Hot Springs County outside the exterior boundaries of
the Reservation.

Toassist the FCC in its understanding of telecommunication exchange areas
covering the Reservation relative to U.S. Census Blocks and the exterior
boundaries of the Reservation, please see -

a. Exhibit A ~ Map of Reservation in Relation to State of
wyoming,


4

number of successful briefings for congressional staffers who want
to learn more about Indian water rights and settlement claims, and
the need to figure out a method of funding these settlements.

To that end, I lend my strong support in drafting the proposal
by Senator Domenici of New Mexico that is know as the Fiscal In-
tegrity of Indian Settlements Protection Act of 2001. This legisla-
tion will amend the Budget Act and permit an adjustment to the
statutory discretionary spending limits for appropriations for au-
thorized Indian land and water settlements. This will create room
within the budget for the funding of Indian land and water settle-
ments in a manner that will not be detrimental to ongoing annual
Indian programs. This is the route recommended by both the Trib-
al/Interior Water Funding Task Force and the Ad Hoc Group of In-
dian Water Rights. It is essential that Domenici’s language be-
comes law this year, and I extend my deep appreciation to the Sen-
ators who have already cosponsored this amendment.

So with that, I know we don’t have much time, and I have writ-
ten testimony that I will leave with the proper people here.

The CHAIRMAN. Your written testimony will be made part of the
record. I thank you very much, sir.

Mr. SUNCHILD, Thank you.

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

The CHAIRMAN. Chairman Windy Boy.

STATEMENT OF ALVIN WINDY BOY, Sr., CHAIRMAN, CHIPPEWA
CREE TRIBE OF THE ROCKY BOY’S RESERVATION

Mr. Winpy Boy. Thank you, Senator. It is always a pleasure to
present testimony on Indian country to this particular committee,
and I am pleased to meet Senator Thomas from Wyoming.

Before I begin my testimony, I would like to acknowledge two
people that my tribe in particular have a close working relationship
with, and that is Stan Ullman of Senator Burns’ office and Saral
Dudley with Senator Baucus’ office.

Mr. Chairman, I sit here before you and run over years of testi-
mony that I have presented to the houses of Congress for the last
several hundred years. When we mention that much was given up
in Indian country, that truly, truly has been. I have a written
statement that I'm going to be leaving with the committee here.

1 am the chairman of the Chippewa Cree Tribe as of November
of last year. I also serve as the chairman of the National Tribal
Leaders Diabetes Council. I also serve as the chairman of the Mon-
tana-Wyoming Indian Stock Growers. I also serve as the vice chair-
man of the National Tribal Self-Government Advisory Board. The
issues that we deal with are very pertinent to Indian country.
Times have changed. As a little boy, when my father and grand-
father would take me out hunting, my first weapon to get meat was
a rock. And as time went on, I supposedly graduated to a .22 rifle
then to a bigger gun. But in Indian politics nowadays, we are still
hunting with rocks.

In the sunset, we take a look at Indian health care as an exam-
le. When Indian health care in Indian country is equated at
1,000 or $1,500, as opposed to the other Federal agencies and peo-

ple across this country at about $3,000 to $5,000, the inequity, the
disparity—the disparity that happens across whether we are deal-


93

Beside the overall need for increased resources, there are a few key areas which deserve
special attention:

A, arm: i r 1 Line Ite:

A separate budget line item needs to be established for pharmaceutical supplies within
the Indian Health Service (IHS) budget. Creation of a new budget line item will allow the IHS t0
improve its planning and to more efficiently and effectively manage its resources. The costs
associated with pharmaceutical purchases for patient care continue to escalate at astronomical rates.
The annual inflation rate for pharmaceutical supplies continues to be consistently higher than the
inflation rates for medical care and other medical supplies. The national pharmaceutical inflation
rate has been increasing an average of 12 to 14 % for the last five years.

During FY 2000, our service unit had an overall 34.79 % increase in its prime vendor
pharmaceutical expenditures as compared to the same time period in FY 1999. These increases are
directly attributable to the escalation in pharmaceutical prices. The number of prescriptions filled
has only had a minor impact on the increases in pharmaceutical expenditures. The number of
prescription filled in FY 2000 only increased by 4.28 %. (Exhibit # | shows the calculations for the
pharmaceutical expenditure increases and the demand for prescriptions filled.)

In order to compensate for the significantly high expenditure levels and escalating
costs associated with pharmaceutical supplies, our service unit has had to divert all cost savings that
are contained in other budget categories (such as lapsed salaries and benefits) to the pharmaceutical
supply budget category. In essence, the service unit has been required to operate ina survival mode
due to the escalating pharmacy costs. This has negatively impacted health care services and has
taken resources from other important activities that the service unit could be performing - such as
preventive health care. In FY 1999, the service unit had an approved budget of $750,000 to
purchase pharmaceutical supplies, but actually spent $881,000. This represents a 17.47 % cost
overrun that had to be funded from other budget sources.

B. — Contract Health Services.

Contract Health Services (CHS) represent health care services that {HS is unable to
provide to its patients directly. These cases are referred to private doctors and hospitals for the
provision of health care services. CHS is typically utilized in situations where a tribal or direct care
facility does not exist or when a direct care facility is not capable of providing the necessary
emergency and/or specialty patient care that is required.

‘The Catastrophic Health Emergency Fund (CHEF) was established solely for the
purpose of meeting the extraordinary medical costs associated with the treatment of victims of
disasters or catastrophic illnesses who are within the responsibility of IHS, These resources are
expended according to the basic requirements of the CHS program and are

TESTIMONY OF IVAN FOSEY, CHAIRMAN, EASTERN SHOSHONE RIDE
(ONTHE GOALS AND PRIORITIES OF THE 107" SESSION OFTHE CONORESS Page 4


38

The Chippewa Cree Tribe of the Rocky Boy's Reservation

Phone: (406)-395-4478 or 4210 - Finance Office Rocky Boy Route, Box 544
{406}-395-4282 or 4321 - Business Committee Box Elder, MT 59521

‘TESTIMONY OF
ALVIN WINDY BOY, SR, CHAIRMAN

CHIPPEWA CREE TRIBE
OF THE
ROCKY BOY'S RESERVATION

ON
THE GOALS AND PRIORITIES
OF THE
MONTANA AND WYOMING TRIBES
FOR THE
107 SESSION OF THE CONGRESS

BEFORE THE
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE

WASHINGTON, DC
SULY 12, 2001


158

Nang Nation Lgiltioe Prarie fr te 107* Congress

were built in the 1960s to accommodate a single judge and small staff, today these
buildings must house additional judges and staff needed to address the courts’ growing
caseload. In some districts, probation officers have been forced to relocate due to
overcrowded work environments. Funding is needed immediately to repair, expand and
improve existing facilites, but long-term funding is required to help the Navajo Nation
make its court facilities comparable to state and federal courts and to bring them to the
standards that the Navajo people expect and deserve.

E. PUBLIC SAFETY

Public Safety services are an essential part of every society and government and
the Navajo Nation is no different in stressing a request of equitable and adequate
funding for law enforcement and correction services necessary to maintain an orderly
and law abiding society. We cannot allow our citizens to be deprived of such basic life
safety services. The lack of law enforcement and public safety services also directly
impacts our economic development ventures; our youth development; safety for our
elderly; and places current law enforcement officers in frequent impending risks.

‘The Navajo Nation law enforcement, criminal investigations and corrections
services have not received federal funds through the Tribal Priority Allocations for the
past three to four years when Congress deleted Tribal law enforcement. Congress has
continually neglected direct funding for basic Navajo Law Enforcement and Corrections,
as well as other public safety services. Currently, the Navajo Nation law enforcement
services are a responsibility of the Bureau of Indian Affair's Law Enforcement Services
(BIALES). However, the distribution of funds received through the United States
Department of Justice under the Law Enforcement initiative from F¥2000 to 2001 is to
the “neediest of the needy.” Consequently, the Navajo Nation received 2 nominal
portion of these funds through the Bureau of Indian Affairs (BIA), and the allocation
procedures and methodologies employed by the BIA does not factor in the Navajo



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State, Since business rates are no longer subsidizing residential rates
and residential customers within the most rural zones of a local exchange
area incur additional “distance charges” on top of the state-wide average
rate, the cost of basic service to those living on the Reservation outside
the town of Riverton have doubled

In addition, whenever a resident of the Reservation seeks to add a new
line or extend an existing one to a previously unserved site, the customer
must obtain (or pay U.S. West to obtain) the necessary right-of-ways and
receive a BIA right-of-way permit regarding the same. The process
entails: filling out and submitting a BIA permit application to which is
attached the prospective customer's site map; receiving approval from the
locat BIA realty office: BIA personnel forwarding the permit to the local
telecommunications service provider's engineer: the engineer conducting
an on-the-ground survey and staking the proposed Iecation for the line:
the provider's engineer returning the permit and site map along with the
engineer's survey map back to the BIA: BIA right-of-way personnel then
examining the proposed route of the line and conducting a title search to
determine the name and last known address of all persons having a
record interest in lands across which the line will pass; BIA personnel
preparing individual consent forms to which is attached a page informing
the interest-holder of the 4 different options the individual has for either
refusing or granting a right-of-way regarding his or her particular share of
interest in the subject land (including an option indicating that the interest-
holder and applicant have successfully negotiated the terms for that
interest-nolder’s consent and another option that the interest-holder
inform BIA as to how much money he or she is requesting to receive from
the applicant before that interest-holder would be willing to grant his or her
consent to the applicant's request for a right-of-way; the applicant
obtaining signatures of at least 51% of the interest-holders provided he or
she can evidence, by suomitting to the BIA returned mail certificates, that
a serious effort was made to contact every one of the interest-holders; the
BIA then providing the necessary environmental and archeological
clearances from BIA's regional office in Billings: the single BIA regional
archeologist reviewing and processing those clearances through the
regional office: mailing of the paperwork evidencing BIA Regional Office's
archeological and environmental clearances back to the local BIA office;
reviewing of the final right-of-way package (with survey. title reports,
consent forms, environmental clearance and archeological clearance)
and, if acceptable, granting of approval by the BIA Superintendent for the
Reservation. Given the lands on the Reservation are a myriad of tribal,
trust, and privately-held fee land, often with numerous individual interest-
holders, and key BIA personnel are often busy or away for blocks of time,
obtaining a right-of-way is extremely difficult. time-consuming, and costly,
if not impossibie.

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Reservation. However, we need the additional tools described above to achieve are yoal of full
‘employment in quality jobs.

VL DROUGHT

‘Weare in our second year of major drought on the Wind River Reservation. Throughout the
Reservation, we are looking at water supplies of from 17% to 44% of normal. This low water supply
follows on last year which was only marginally better. Many of our reservoirs have significantly
reduced storage. For example. itis estimated that Washakie Reservoir may be out of water except
for a reserve for the municipal systems by the time of this hearing. These conditions have reduced
the carrying capacity of our rangelands, reduced yields on crops such as hay and alfalfa used for
winter feed, and placed drinking water systems at risk

For many of our residents, Indian and non-Indian, income from growing forage crops or the
raising of cattle is the difference between being able to pay the fuel bill or eating. We are doing
everything we can to stretch the use of the water to the maximum, but that will not be enough. We
need to begin immediately to get drought assistance out to the Reservation before we have a
catastrophe. Getting assistance know to our farmers and ranchers now will prevent greater hardship
this winter.

In addition to immediate relief, Congress should provide authority to tribes to declare areas
on reservations as disaster or drought areas. Many times with the competing interests claiming state
officials time we get left behind or itis assumed that the federal government is addressing all our
needs. Providing the authority to Tribal chairman under the same conditions used by Governors will
make sure emergency needs of our members are addressed in a timely fashion

VII. TELECOMMUNICATIONS

As you are well aware, adequate telecommunication service is vital to competing in the
current economy. Moreover, access to a basic phone can mean life or death in an emergency in the
rural areas of our Reservation. The Eastern Shoshone Tribe urges passage of S. 761, Native
American Telecommunications Improvement and Value Enhancement Act or similar legislation.

Telecommunication infrastructure on the Wind River Reservation is significantly below
average, even for rural Wyoming. Telecommunications is an area of commerce the inferior quality
of which presently affects every aspect of life here on the Wind River Reservation. Attached as
Exhibit4 is acopy of the Tribe’s comments to the Federal Communications Commission concerning
the telecommunication problems and needs on the Reservation.

“TESTIMONY OF IVAN 0 FOSEY. CHAIRMAN, EASTERN SHOSHONE TRIBE
‘ON THE GOALS AND PRIORITIES OFTHE 07" SESSION OF THE CONGRESS. Page 11


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quantum increase in the general health of the Indian people.

We strongly encourage the enactment of the reauthorization of the Indian Health Care
Improvement Act and I have appended to my testimony a separate statement on Diabetes that I
believe is critical and deserves this Committee's fullest attention, We strongly urge the elevation
of the position of the Director of the THS to the level of Assistant Secretary. It appears the Senate
is going to have to take the lead on this matter and perhaps find another vehicle to attach the
elevation to as the pending bill may well end up getting bogged down in the House for yet another
Congress. 1 also want to go on record as the Chairman of the Chippewa Cree Tribe and urge that
Dr. Michael Trujillo be reappointed as the Director of the Indian Health Service when his term
expires next year. This is not a partisan position and Dr. Trujilio has shown a great degree of
responsiveness to the needs of the Indian people, We would be quite concemed about bringing in
a new Director when there are so many critical issues that Dr. Trujillo is intimately involved with

Many issues would be put on hold as we waited for a new appointment, for Senate confirmation
and for the new Director to get up to speed. We should not change horses in mid-stream and we
ask this Committee to communicate with the Bush Administration and urge Dr. Trujillo's
reappointment