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S. HRG. 114–275 

INDIAN COUNTRY PRIORITIES FOR THE 114TH 

CONGRESS 

HEARING 

BEFORE THE

COMMITTEE ON INDIAN AFFAIRS 

UNITED STATES SENATE 

ONE HUNDRED FOURTEENTH CONGRESS 

FIRST SESSION 

JANUARY 28, 2015 

Printed for the use of the Committee on Indian Affairs 

( 

(II) 

COMMITTEE ON INDIAN AFFAIRS 

JOHN BARRASSO, Wyoming, Chairman 

JON TESTER, Montana, Vice Chairman 

JOHN MCCAIN, Arizona 

LISA MURKOWSKI, Alaska 

JOHN HOEVEN, North Dakota 

JAMES LANKFORD, Oklahoma 

STEVE DAINES, Montana 

MIKE CRAPO, Idaho 

JERRY MORAN, Kansas 

MARIA CANTWELL, Washington 

TOM UDALL, New Mexico 

AL FRANKEN, Minnesota 

BRIAN SCHATZ, Hawaii 

HEIDI HEITKAMP, North Dakota 

T. MICHAEL ANDREWS, Majority Staff Director and Chief Counsel 

MARY J. PAVEL, Minority Staff Director and Chief Counsel 

(III) 

C O N T E N T S 

Page 

Hearing held on January 28, 2015 ......................................................................... 1 

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

Statement of Senator Cantwell .............................................................................. 3 

Statement of Senator Daines .................................................................................. 60 

Statement of Senator Heitkamp ............................................................................. 61 

Statement of Senator Lankford .............................................................................. 61 

Statement of Senator Tester ................................................................................... 2 

WITNESSES

Bohlen, Stacy, Executive Director, National Indian Health Board ..................... 40 

Prepared statement .......................................................................................... 42 

Davis, Gary, Presisdent/CEO, National Center For American Indian Enterprise Development ................................................................................................ 34 

Prepared statement .......................................................................................... 36 

Home Gun, Vance, 2013 Champion of Change, Youth Advisory Board Member, Center for Native American Youth ............................................................. 54 

Prepared statement .......................................................................................... 55 

Monette, Melvin, President, National Indian Education Association ................. 26 

Prepared statement .......................................................................................... 28 

Payment, Hon. Aaron, Midwest Area Vice President, National Congress of 

American Indians; accompanied by Jacqueline Pata, Executive Director ....... 3 

Prepared statement of Hon. Brian Cladoosby ................................................ 5 

APPENDIX

Ballew II, Hon. Tim, Chairman, Lummi Nation, prepared statement ................ 80 

Bluehouse, Randella, Executive Director, National Indian Council on Aging, 

Inc. (NICOA) ......................................................................................................... 70 

Confederated Salish and Kootenai Tribes of the Flathead Nation, prepared 

statement .............................................................................................................. 66 

Murkowski, Hon. Lisa, U.S. Senator from Alaska, prepared statement ............. 63 

Ogaard, Thomas D., President/CEO, Native American Bank, NA, prepared 

statement .............................................................................................................. 63 

(1) 

INDIAN COUNTRY PRIORITIES FOR THE 

114TH CONGRESS 

WEDNESDAY, JANUARY 28, 2015 

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

The Committee met, pursuant to notice, at 2:30 p.m. in room 

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

Chairman of the Committee, presiding. 

OPENING STATEMENT OF HON. JOHN BARRASSO, 

U.S. SENATOR FROM WYOMING 

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

soon as we have a quorum, we will move to the business meeting 

component of this. I want to welcome our witnesses. 

As you may have heard, we have about 18 roll call votes starting 

at 2:30 this afternoon, and some have recommended moving this 

hearing to tomorrow. But given the fact that people have traveled 

great distances, we want to get it done today. I want to give each 

of you a chance to provide your testimony before we get called 

away for the votes. 

I called this hearing to start this Congress, because it is Indian 

Country that we must engage when evaluating Federal Indian policy and legislation. As chairman, I am committed to following in 

the footsteps of my predecessors, three of whom still serve on this 

Committee: Senator McCain, Senator Cantwell and Vice Chairman 

Tester. They were part of a long line of great chairmen who were 

committed to improving the lives of Indian people. 

The two tribes in my home State of Wyoming, the Eastern Shoshone Tribe and the Northern Arapaho Tribe, they share the goals 

of other tribes: safe communities, good health, a prosperous life for 

their families, including good jobs. These goals are often stymied 

by Federal bureaucracy. The Federal Government has important 

responsibilities to Indian tribes and people. That responsibility 

should not create a confusing or complex web of rules which limit 

the prosperity of tribes and their members. 

Last week I had the privilege to provide the Congressional response to the National Congress of American Indians’ State of Indian Nations address. One resounding theme of that address was 

to find innovative solutions and reduce bureaucracy. We have already started down that path. Last week, Senator Tester and I introduced the Indian Tribal Energy Development and Self-Determination Act Amendments of 2015. Tribes have the potential to 

2 

contribute to our Nation’s energy security. This bill will tap into 

that potential. This legislation will cut the bureaucratic red tape 

and let tribes develop their energy resources, putting their destiny 

back into their hands and not those of the Federal Government. 

Today, I have also introduced the Department of Interior Tribal 

Self-Governance Act of 2015. This bill had been around in some 

form or another since at least the 108th Congress. It is intended 

to improve the process for negotiating, reviewing, and approving 

tribal compacts with the Bureau of Indian Affairs. These compacts 

are key mechanisms for tribal administration of Indian programs. 

This bill would reduce Federal bureaucracy and promote local control and accountability. 

Significant work on these measures has been done over the 

years. I urge this Committee and Indian Country to join me in getting these measures signed into law this year. 

I intend to continue advancing legislation and oversight that 

serves similar purposes and improves the lives of Indian people. As 

chairman, my top priorities are jobs, energy and natural resource 

development, health care, education, juvenile justice and tribal selfgovernance. The more progress we can make on these issues, the 

more progress we can make in helping families. I cannot do that 

without the bipartisan work of this Committee and the vice chairman in particular. So I want to reiterate my appreciation for Senator Tester’s leadership and the collaborative spirit that he continues to bring to this Committee. 

I would like to ask Vice Chairman Tester if he has an opening 

statement. 

OPENING STATEMENT OF HON. JON TESTER, 

U.S. SENATOR FROM MONTANA 

Senator TESTER. I will make it very, very brief, because I understand we have some votes coming right up, and I want to hear 

from these folks. I just want to tell you very briefly congratulations 

on your chairmanship. I look forward to working with you and everybody else on this Committee to move Indian Country forward. 

There are a number of issues, some of which we will hear about 

today. 

I always think about the first time I met with the large landbased tribes. And I said, what are your priorities. After about three 

minutes I said, we are going to have to prioritize. Because there 

were just too many of them. 

So I think this has been a great Committee to work on. With 

your leadership, I look forward to good things happening. 

The CHAIRMAN. With your permission, Mr. Vice Chairman, what 

we talked about is allowing each of our guests to have an opportunity to make their statements, because we know we are going to 

a series of votes. Once we get a quorum here today, we will interrupt the testimony to have the formal business meeting and the 

elections. 

3 

STATEMENT OF HON. MARIA CANTWELL, 

U.S. SENATOR FROM WASHINGTON 

Senator CANTWELL. Mr. Chairman, if I could just say congratulations to you in assuming the chairmanship of this Committee. As 

someone who has been the Vice Chair of the Committee under Senator Akaka, myself and Senator Tester, you have worked with each 

of us in a great collaborative fashion. We all appreciate that. So we 

wish you well in taking the gavel in this Committee, and look forward to working with you on the priorities that you just mentioned. 

If I could just for a second thank Mary Pavel, who will be leaving 

the Committee as staff director. She came on during my tenure, 

and I appreciate her hard work and dedication on behalf of Indian 

Country. So thank you, Mr. Chairman. 

The CHAIRMAN. Thank you. 

If we can start, I would like to welcome the Honorable Aaron 

Payment, who is the Midwest Area Vice President of the National 

Congress of American Indians, Washington, D.C. We would love to 

hear from you. 

STATEMENT OF HON. AARON PAYMENT, MIDWEST AREA VICE 

PRESIDENT, NATIONAL CONGRESS OF AMERICAN INDIANS; 

ACCOMPANIED BY JACQUELINE PATA, EXECUTIVE 

DIRECTOR 

Mr. PAYMENT. Good afternoon, Chairman Barrasso, Vice Chair 

Tester and members of the Committee. My name is Aaron Payment, Chair of the Sault Ste. Marie Tribe of Chippewa Indians. 

Thank you for allowing me to testify on behalf of NCAI’s tribal 

priorities for the 114th Congress. I am pleased to be here for your 

first hearing as chairman, Senator Barrasso. I thank the new and 

returning Committee members for your service to Indian Country. 

NCAI is committed to continuing its strong relationship with this 

Committee, so that we can partner to improve the lives of Native 

people. This partnership was evidence last week when Chairman 

Barrasso delivered the Congressional response to NCAI’s State of 

the Indian Nations address. This is a relationship that is built on 

trust. The trust responsibility has developed over hundreds of 

years pursuant to the Constitution, numerous treaties and Federal 

laws. 

President Cladoosby reminds us that the trust relationship is one 

that we have inherited. Tribal leaders are elected to uphold this 

trust relationship and as Senators, it is one that you agree to uphold when you take your oath of office. Thank you for your partnership and your commitment here. 

In exchange for ceding millions of acres of homelands, tribes reserved the right to continue self-governance and to exist as distinct 

people on our own lands. This is why the first priority we must request today is legislation to protect our homelands, lands that are 

necessary for economic development, cultural protection, natural 

resources management, housing, education and tribal infrastructure. Since 2009, this Committee has held numerous hearings, favorably passed legislation in each of the past Congresses which affirms the original intent of the Indian Reorganization Act and 

would allow the Secretary of Interior to take lands into trust for 

4 

all tribes. We ask this Committee to take swift action to introduce 

and pass Carcieri fix legislation. 

In modernizing the trust relationship, we must first have certainty over our lands. Indian lands and natural resources are a primary source of economic activity for our tribal communities. But 

the Federal trust resource management system is antiquated, inefficient and contributes to a lack of investment in many reservation 

economies. 

NCAI points to two pieces of legislation that would immediately 

spur economic development and trust reform. The first is Senate 

Bill 209, a bill to amend the Indian Tribal Energy Development 

and Self-Determination Act of 2004, introduced by the bipartisan 

team of Senators Barrasso and Tester. This bill will streamline secretarial approval of energy development transactions on Indian 

lands and give tribes more autonomy over developing our own energy resources. NCAI looks forward to working with this Committee to pass this legislation. 

Another trust effort that NCAI supports is legislation that Senator Crapo introduced last session to establish a demonstration 

project allowing comprehensive land use planning and allocation of 

trust funding in accordance with tribal priorities. NCAI supports 

introduction of this legislation in the 114th Congress and recommends removing barriers in the appraisal, probate, land consolation and leasing processes. 

It is imperative that Congress work with NCAI, tribal organizations, tribal leaders, to modernize the trust system into a process 

that recognizes that we are in the best position to make innovative 

and long-lasting decisions for our communities. 

Thank you, Chairman Barrasso, for making infrastructure issues 

a priority. In order to attract economic development, teachers, law 

enforcement personnel and capital investments to our tribal lands, 

we must meet infrastructure needs. The current transportation authorization, MAP–21, which contains tribal programs for construction, maintenance of highways, roads, bridges and transit, is set to 

expire in May. With an annual budget of $450 million, this construction and maintenance needs of tribes continues to fall behind 

and creates unsafe conditions for all citizens who use our roads. 

In addition, the Native American Housing Assistance and SelfDetermination Act expired in 2013. This bill is an excellent example of how tribes are exercising our right of self-determination to 

design and implement our own housing programs. Our housing 

needs are great. Reauthorization of NAHASDA is critical to continue to meet the housing needs of our people. 

We also ask this Committee to hold hearings and introduce legislation to address infrastructure needs of tribes in the areas of irrigation, housing, transportation and broadband. My friends here 

will speak to issues of health care and education, including my 

tribal member Stacy Bohlen. I call your attention to additional 

areas in our written testimony including juvenile justice, tribal taxation, public safety, veterans issues and more. 

I ask that our written testimony, entitled Promoting Self-Determination, Modernizing the Trust Relationship, be entered into the 

record of today’s hearing. 

The CHAIRMAN. Without objection. 

5 

Mr. PAYMENT. Funding decisions made by Congress are explicit 

expressions of the trust relationship between our governments. I 

respectfully request that the members of this Committee, eight of 

whom are on the Appropriations Committee, please use your voices 

to uphold this trust relationship. Your leadership will make a difference for our future generations. 

Again, chi-miigwetch on behalf of our NCAI team. I thank you 

for your service and your commitment to Indian Country. 

[The prepared statement of Mr. Cladoosby follows:] 

PREPARED STATEMENT OF HON. BRIAN CLADOOSBY, PRESIDENT, NATIONAL CONGRESS

OF AMERICAN INDIANS (NCAI) 

On behalf of the National Congress of American Indians (NCAI), I’d like to thank 

you for the opportunity to testify at this important hearing as the Committee seeks 

to set its agenda for the I 14th Congress. NCAI is the oldest and largest American 

Indian organization in the United States. Tribal leaders created NCAI in 1944 as 

a response to termination and assimilation policies that threatened the existence of 

American Indian and Alaska Native tribes. Since then, NCAI has fought to preserve 

the treaty rights and sovereign status of tribal governments, while also ensuring 

that Native people may fully participate in the political system. As the most representative organization of American Indian and Alaska Native tribes, NCAI serves 

the broad interests of tribal governments across the nation. As this Committee considers its agenda for the 114lh Congress, tribal nations call on you to ensure that 

tribal priorities are represented and honored in the decisions made in this Congress. 

Introduction 

NCAI appreciates the opportunity to present testimony on the Priorities of Indian 

Country for the 114lh Congress. It is important to note that the priorities that are 

highlighted were developed by tribal leaders in conjunction with NCAI, and that 

these priorities are all rooted in the modern trust relationship, self-determination, 

and sovereignty. 

The Constitution, numerous treaties, and laws have created the fundamental relationship between tribal nations and the United States. In return for ceding millions 

of acres of land that makes the United States what it is today, tribes codified their 

right of continued self-government, and to exist as distinct peoples on their own 

lands. Part of that responsibility includes providing basic governmental services in 

Indian Country. As governments, tribes must deliver a wide range of critical services, such as education, workforce development, public safety, infrastructure, and 

healthcare to their citizens. Tribes have the capability as governments to oversee 

their own affairs and, as such, should be in parity with similarly situated governments who provide services to their citizens. 

The recommendations below can be accomplished in this session of Congress and 

further the government-to-government relationship between tribal governments and 

the Congress. In addition, the recommendations seek to identify areas where administrative barriers can be removed so that tribes can truly create opportunities for 

success—within our borders and beyond. 

Trust Modernization 

Indian land and natural resources are a primary source of economic activity for 

tribal communities, but the federal trust resource management system is antiquated, inefficient, and contributes to the anemic condition of many reservation 

economies. NCAI urges the Committee to support legislative reforms that will eliminate the burdensome federal red tape stifling economic development in Indian Country, provide tribes with more flexibility and the option of greater control over decisionmaking, and prevent the reoccurrence of the trust mismanagement problems of 

the past. There is a need for greater efficiency in the trust resource management 

system, better economic returns on trust resources, and, above all, a much greater 

voice in how the trust will be administered. 

Tribes have been making progress on trust reform over the last five years and 

want to maintain that momentum. Tribes, working with Congress and the Administration, have seen significant settlements of trust litigation, the development of the 

Buy-Back program for fractionated lands, passage of the HEARTH Act to promote 

tribal control over surface leasing of tribal lands, and new leasing regulations that 

assist greatly on taxation of permanent improvements, among other matters. But 

6 

there is much more work to be done. NCAI has identified key areas of the trust system that need improvements to better serve Indian Country: 

• Energy. The barriers to tribal energy development have been well established 

by roundtables and hearings conducted by the Department of Energy and this 

Committee. Barriers include cumbersome bureaucratic processes that are largely attributable to the requirement that tribes and tribal businesses obtain Interior approval for almost every step of energy development on tribal lands, including the approval of business agreements, leases, rights of way, and appraisals. Other major barriers include tribes’ and tribal businesses’ lack of access to 

financing and transmission and Application for Permit to Drill fees. For several 

Congresses, this Committee and the House Subcommittee on Indian and Alaska 

Native Affairs have considered legislation that would remedy the barriers to 

tribal energy development in the Act. This legislation, championed by Chairman 

Barrasso in the Senate and embodied in the 114th Congress as S. 209, would 

provide tribes with greater control and flexibility to develop their traditional 

and renewable energy resources. We urge the Committee to pass S. 209 to create careers and capital in Indian Country. 

• Trust modernization legislation. In the 113th Congress, legislation was introduced that would have taken great steps towards modernizing all trust processes for tribal lands. The bill, introduced by Senator Crapo in the Senate and 

Representative Simpson in the House, sought to establish a demonstration 

project allowing comprehensive land use planning and allocation of trust funding in accordance with tribal priorities. We urge that this bill be taken up 

again, in consultation with Tribes and the Interior Department, and moved to 

the President’s desk in the 114th Congress. 

• Appraisals and Valuation. Nearly every trust transaction requires an appraisal 

from the Office of Special Trustee, and this is the most significant bottleneck 

in the trust system. We need to eliminate unnecessary appraisals and permit 

tribes to rely on independent certified appraisals. 

• Lease Compliance and Trespass. Indian tribes have significant problems with 

lessees who violate lease terms and with outright trespass on Indian lands. We 

need legislation to improve enforcement mechanisms and authorities. This is explained in more detail in the proposal for Tribal Law and Order Act Reauthorization below. 

• Conflict-of-Interest Issues. The Department of the Interior (including the Solicitor’s Office) oversees a vast range of federal land issues that can come into conflict with their trust responsibility to protect Indian land. We need to create 

clearer divisions of responsibility that support the identification and resolution 

of conflicts of interest. 

• Probate. Probate of individually-owned Indian lands continues to be a bottleneck for many trust transactions, not the least of which is the Buy-Back program. Many problem areas in the probate process can be fixed through minor 

amendments to the Indian Land Consolidation Act. 

• Self-Determination and Tribal Use of Lands. The HEARTH Act was a good step 

forward to empower tribes to manage their own lands. We need to build on this 

progress for other trust resources, including subsurface lands, and to provide 

technical assistance to tribes that wish to pursue the HEARTH Act options. 

• Planning and Land Management. Tribal planning processes tend to silo into 

grant-driven plans for housing, transportation, water, power and sewage. Tribes 

need resources to integrate planning for economic development and jobs, education, agriculture and natural resources, and the development of healthy communities. There is a growing emphasis on planning for rural development and 

business agglomeration. Tribal industries tend to cluster in certain areas, and 

tribes need assistance with planning to build community infrastructure that fits 

today’s needs. 

• Land Consolidation. Individual Indian lands are often highly fractionated, and 

these lands are also very difficult to put to productive use. The Cobell settlement has established a Buy Back Program intended to consolidate these lands 

for greater use. However, tribes have significant questions and concerns about 

this centralized federal program. We urge the Committee to continue is oversight of this program and gather more information about the track record so 

far, and push to make the system effective and allow greater tribal involvement. 

• Federal Responsibilities for Title Maintenance, Technical Assistance, and Prevention of Land Loss. At its most basic level, the Federal Government has a responsibility to maintain title to federal Indian lands, to report title quickly and 

7 

accurately, to include tribal governments in the title management system, and 

to use that system to prevent land loss. The Department of the Interior has invested some of the Buy Back program funds into updating the title system, and 

a review of the progress is recommended. 

• Land Restoration. Most reservations have suffered significant land loss through 

federal laws and policies, and are in a checkerboard pattern that is difficult to 

manage. Some tribes have lost all of their land. The Federal Government has 

a trust responsibility to restore tribal lands for all tribes. In addition to the 

Carcieri Fix discussed below, we urge Congress to continue to support tribal 

land restoration. 

• Natural Resources and the Environment. Tribal lands are subject to environmental concerns that affect life in Indian Country. At the same time, federal 

environmental regulations are often unnecessarily burdensome and overly focused on process rather than substance. We urge this Committee to review existing regulations and statutes and determine where they can be streamlined 

to empower tribes to manage and co-manage lands effectively and efficiently. 

• Taxation and Services on Tribal Lands. Indian tribes need to be able to collect 

taxes and control revenues in Indian Country in order to provide services to 

their people. See the Tax Issues section below for more background. 

• Access to Capital and Financing Development on Indian Lands. Accessing capital to finance development on tribal and individual Indian lands remains a significant challenge. It is necessary to learn more about the barriers to investment so solutions can be found for alternative mechanisms to secure debt and 

equity investments in Indian Country. 

• Updating Regulations, Policies and Procedures. There are many other areas of 

the trust system that need to be modernized and updated. Progress has been 

made at the Department of the Interior on the leasing regulations, and the 

pending Right-of-Way regulations, but tribes seek continued oversight from this 

Committee so that progress will continue on trust regulations. 

Tribal Land Restoration Under the Indian Reorganization Act 

The principal goal of the Indian Reorganization Act (IRA) was to halt and reverse 

the abrupt decline in the economic, cultural, governmental and social well-being of 

Indian tribes caused by the disastrous federal policy of ‘‘allotment’’ and sale of reservation lands. Between the years of 1887 and 1934, the U.S. Government took 

more than 90 million acres from the tribes without compensation, nearly 2/3 of all 

reservation lands, and sold it to settlers and timber and mining interests. Even 

worse, many tribes had no land at all, and the IRA is clear in its purpose to acquire 

land for landless tribes. The IRA is comprehensive legislation for the benefit of 

tribes that stopped the allotment of tribal lands, provides for the acquisition of new 

lands, continues the federal trust ownership of tribal lands, encourages economic development, and provides a framework for the reestablishment of tribal government 

institutions on their own lands. 

Section 5 of the IRA, 25 U.S.C. § 465, provides for the recovery of the tribal land 

base and is integral to the IRA’s overall goals of recovering from the loss of land 

and reestablishing tribal economic, governmental and cultural life. Section 5 is designed to implement the fundamental principle that all tribes in all circumstances 

need a tribal homeland that is adequate to support tribal culture and self-determination. As noted by one of the IRA’s principal authors, Congressman Howard of 

Nebraska: 

This Congress, by adopting this bill, can make a partial restitution to the Indians for a whole century of wrongs and of broken faith, and even more important—for this bill looks not to the past but to the future—can release the creative energies of the Indians in order that they may learn to take a normal and 

natural place in the American community. 78 Cong. Rec. 11731 (1934). 

Of the 90 million acres of tribal land lost through the allotment process, only 

about 8 percent has been reacquired in trust status since the IRA was passed seventy-five years ago—and most were simply unallotted lands that were returned soon 

after 1934. Since 1934, the Bureau of Indian Affairs has maintained a conservative 

policy for placing land in trust. Still today, many tribes have no land base and many 

tribes have insufficient lands to support housing and self-government. Section 5 

clearly imposes a continuing active duty on the Secretary of Interior, as the trustee 

for Indian tribes, to take land into trust for the benefit of tribes until their needs 

for self-support and self-determination are met. 

In contemporary implementation of trust land acquisition, it is important to raise 

three important points. First, while some controversies exist, what is often misVerDate Mar 15 2010 10:35 Jun 06, 2016 Jkt 020323 PO 00000 Frm 00011 Fmt 6633 Sfmt 6621 S:\DOCS\20323.TXT JACK
8 

understood is that the vast majority of trust land acquisitions take place in extremely rural areas and are not controversial in any way. Most acquisitions involve 

home sites of 30 acres or less within reservation boundaries. Trust land acquisition 

is also necessary for consolidation of fractionated and allotted Indian lands, which 

most often are grazing, forestry or agricultural lands. Other typical acquisitions include land for Indian housing, health care clinics that serve both Indian and nonIndian communities, and land for Indian schools. 

Second, state and local governments have a role in the land to trust process. The 

Interior regulations provide opportunities for all concerned parties to be heard, and 

place the burden on tribes to justify the trust land acquisition, particularly in the 

off-reservation context. It is important to recognize that land issues require caseby-case balancing of the benefits and costs unique to a particular location and community. The regulations cannot be expected to anticipate every situation that might 

arise, but they do provide an ample forum for local communities and governments 

to raise opposition to a particular acquisition and they reinforce the Secretary’s statutory authority to reject any acquisition. State and local governments have an opportunity to engage in constructive dialogue with tribes on the most sensible and 

mutually agreeable options for restoring Indian land. In many cases, a ‘‘tax loss’’ 

of less than $100 per year is a minimal trade-off for the development of schools, 

housing, health care clinics, and economic development ventures that will benefit 

surrounding communities as well as the tribe. Whatever issues state governments 

may have with the land to trust process, the Carcieri decision is not the place to 

address it. The Carcieri decision has created a problem of statutory interpretation 

that calls for a narrow fix to ensure equitable treatment of all tribes. 

Third, the chief problem with the land to trust process is the delays caused by 

inaction at the Bureau of Indian Affairs. Too often tribes have spent scarce resources to purchase land and prepare a trust application only to have it sit for years 

or even decades without a response. In addition, during inordinate delays tribes risk 

losing funding and support for the projects that they have planned for the land, and 

environmental review documents grow stale. Tribal leaders have encouraged the Bureau of Indian Affairs to establish internal time lines and checklists so that tribes 

will have a clear idea of when a decision on their application will be rendered. We 

are seeing some progress at Interior, and we encourage continued support for land 

to trust acquisition. 

Legislative Action Needed to Address Carcieri v. Salazar. In a 2009 decision, the 

Supreme Court interpreted the definitions section of the IRA and held that the term 

‘‘now’’ in the phrase ‘‘now under Federal jurisdiction’’ in the definition of ‘‘Indian’’ 

limits the Secretary’s authority to provide benefits of the IRA to only those Indian 

tribes ‘‘under federal jurisdiction’’ on June 18, 1934, the date the IRA was enacted. 

The Carcieri decision is at odds with the federal policy of tribal self-determination. 

In particular, the decision runs counter to Congress’ intent in the 1994 amendments 

to the IRA. These amendments directed the Department of Interior and all other 

federal agencies, to provide equal treatment to all Indian tribes regardless of how 

or when they received federal recognition, and ratified the Department of the Interior procedures under 25 C.F.R. Pt. 83 for determining and publishing the list of 

federally recognized tribes. 

The Carcieri decision does not address what it means to be ‘‘under federal jurisdiction’’ in 1934. As the Carcieri decision continues to stand unaddressed by Congress, it is engendering costly and protracted litigation on an esoteric and historic 

legal question that serve no legitimate purpose. The Carcieri decision is creating litigation on long settled actions taken by the Department pursuant to the IRA, as well 

as on the Secretary’s ability to make future decisions that are in the best interests 

of tribes. The decision is already creating significant delays in Department of Interior decisions on land into trust, a process that is already plagued with unwarranted 

delays. 

While the Carcieri decision addressed only land in trust, there may be efforts to 

use the decision to unsettle other important aspects of tribal life under the IRA. The 

IRA is comprehensive legislation that provides for tribal constitutions and tribal 

business structures, and serves as a framework for tribal self-government. Future 

litigation could threaten tribal organizations, contracts and loans, tribal reservations and lands, and provision of services. Ancillary attacks may also come from 

criminal defendants seeking to avoid federal or tribal jurisdiction, and would negatively affect public safety on reservations across the country. 

When the Supreme Court has narrowly interpreted an Act of Congress in a manner that is unfair and not in accordance with its original purposes, Congress should 

move quickly to amend and clarify the law. NCAI urges Congress to amend the IRA 

to the effect that all federally recognized tribes are included. We greatly appreciate 

9 

your leadership and efforts to make clear that IRA benefits are available to all federally recognized Indian tribes. 

Economic Development 

For generations, Native peoples have faced harsh economic conditions that are 

more pronounced than those generated by the Great Recession. Today, while unemployment rates across the country hover around 6 percent, tribal governments and 

businesses wrestle with unemployment rates that have well-exceeded ten percent 

and beyond for decades. The lack of employment opportunities in Native communities has had a wide-ranging impact, affecting all aspects of life. While tribal governments have successfully supported job creation both in government and the private sector, ensuring that job growth keeps pace with the growing Native youth population is an ongoing challenge. Considering that Indian Country has one of the 

youngest populations in the nation, with 42 percent of Native people under the age 

of 25, workforce development opportunities are of critical importance. 

A comprehensive Congressional and multi-agency approach is necessary to address the issues hindering economic success for many tribes. Conditions such as 

minimal access to capital, poor physical infrastructure, lack of broadband access, 

and a need for workforce training all combine to contribute to the economic development challenges found in Indian Country. These conditions, along with inadequate 

funding and programs for tribes have contributed to the chronically high unemployment rates throughout Indian Country. Honoring the trust responsibility and addressing the key economic needs will unleash the economic power of Indian Country. 

The results will be beneficial for not only our tribal nations but for the United 

States as well. Tribal nations and the Federal Government must work together to 

fulfill the promises of the past to secure prosperity for future generations. 

This Congress should focus on policies which bring economic opportunities to Indian Country and bring parity between tribal, state, and local governments. The empowerment of tribal efforts to manage and control their own affairs requires the 

Federal Government to grant tribes the flexibility needed to administer federal programs while removing barriers and bureaucratic hurdles and undermine tribal selfdetermination and discourage private investment in tribal communities. NCAI recommends that Congress act quickly on legislation to improve jobs and self-governance in Indian Country while allowing tribes the flexibility to design and implement 

these programs in the ways that best meet the needs of their members. 

Permanently authorize the Indian Employment Training and Related Services 

Demonstration Act of 1992 (P.L. 102–477). The Indian Employment, Training, and 

Related Services Demonstration Act ‘‘477’’ program supports self-determination by 

permitting tribes to design their own programs and services, build tribal capacity, 

and use federal funding more effectively. The statute allows tribes to consolidate 

funding streams from the Departments of the Interior, Health and Human Services, 

and Labor into an integrated employment, supportive services, and training program with a single budget and single reporting system. This law has proven to be 

an exceptional success in making existing federal programming more effective in 

meeting the employment, training, education and welfare reform needs of Tribes 

and Tribal Organizations. 

The 477 program maximizes federal dollars for tribal governments by fostering 

agency cooperation while reducing administrative burdens. This flexibility allows 

the creation of programs that culturally meet the needs of tribal citizens and eliminate administrative duplication. 

In the last Congress, this Committee heard testimony on S. 1574 a bill introduced 

by Senator Murkowski. That bill would have consolidated and streamlined federal 

funding for tribal employment and training and related service programs in Indian 

Country. The legislation would also have updated and improved upon existing law 

which has allowed tribes to integrate their employment related funding and maximum program efficiency for the past 20 years. In the House of Representatives, 

Congressman Young (R–AK) has already introduced legislation that is identical to 

that introduced by Senator Murkowski in the 113th Congress. 

NCAI recommends the Committee on Indian Affairs take up this legislation for 

passage in this session of Congress. 

Enact Self-Governance Legislation. Self-governance allows tribes, as sovereign nations, to exercise their right to be self-governing and to take program funds and 

manage them in ways that best fit the needs of their citizens and tribal communities. It places the Federal Government’s Indian Country programs firmly in the 

hands of the people who are served by them, enhancing and empowering tribal governments and their institutions, all while reducing the federal bureaucracy. As a 

tribally-driven initiative created through Congressional legislation, it allows tribal 

governments to negotiate annual appropriated funding and to assume management 

10 

and control of programs, services, functions, and activities—or portions thereof— 

that were previously managed by the Federal Government. 

As of 2014, there are 254 Self-Governance Tribes within the Department of the 

Interior—Bureau of Indian Affairs and 341 Self-Governance Tribes within the Department of Health and Human Services—Indian Health Service. Over the last 25 

years, the Self-Governance tribal leadership and representatives have held ongoing 

meetings with the Administration and Congress regarding ways to improve and advance self-governance and have made recommendations to update and enhance the 

current legislation. 

NCAI recommends that Congress enact Title IV Self-Governance Amendments. 

Amending Title IV of the Indian Self-Determination and Education Assistance Act 

(ISDEAA) has been a top legislative priority for Self-Governance tribes for more 

than a decade. Over the past 35 years, the ISDEAA has been one of the most successful mechanisms allowing tribes to develop the capacity for government-building 

activities. However, Title IV of the ISDEAA, the Self-Governance program within 

the Department of the Interior, has serious gaps and problems. Therefore, tribal 

leaders continue to advance the vision of the ISDEAA by working to amend Title 

IV of the ISDEAA to create consistency and administrative efficiency for Self-Governance tribes between Title IV Self-Governance in the DOI and Title V Self-Governance in the DHHS. 

In the last Congress, the Committee on Indian Affairs favorably reported S. 919, 

the Department of the Interior Tribal Self-Governance Act of 2013 out of the Committee. The Department of the Interior has also expressed strong support for passage of this legislation which would significantly advance Congress’s long-standing 

policy of promoting tribal self-governance. NCAI recommends swift introduction and 

action on this legislation in this session of Congress. 

In addition, NCAI urges both Congress and the Administration to look at expanding selfgovernance programs outside of the Department of the Interior and the Indian Health Service. Demonstration projects, consistent with fundamental self-governance tenants, could be developed where agencies have a high degree of tribal programs and tribes have the capacity for program administration. 

Tax Initiatives 

NCAI greatly appreciates the Committee’s support in collaborating with the Finance Committee to further tax initiatives important to Indian Country. NCAI encourages this Committee to ensure that tribes are included in any broader tax reform efforts taken up by Congress in this Session. Tribal governments should be included in the Tax Code in a manner that encourages growth and acknowledges the 

sovereign taxing authority of tribal governments. Federal budget difficulties have 

underscored the need for development of tribal taxing authority to provide government revenue independent of Federal appropriations. Tribal governments are increasingly using their taxing authority to support tribal Government programs and 

infrastructure. NCAI has the following recommendations, and urges consultation 

with tribal leaders who are becoming increasingly engaged with tax matters in Indian Country: 

Make Tax ‘‘Extender’’ Incentives Permanent—Support legislation to incentivize 

business development on tribal lands. NCAI urges Congress to consider the urgent 

and continuing need for economic development on Indian reservations in the context 

of the Indian Employment Tax Credit (IRC Section 45A), the Accelerated Depreciation Provision for on-reservation business infrastructure (IRC Section 168(j)), and 

the Indian Coal Production Tax Credit (IRS Section 45) which expired on December 

31, 2014, and should be reenacted as soon as possible and on a permanent basis. 

In addition, we would like to bring your attention to proposals to modify the New 

Markets Tax Credit and the Low-Income Housing Tax Credit to make them more 

accessible to Indian reservation-based economic and housing development projects. 

The Employment Credit provides private businesses with an incentive for employing Indian tribal members in reservation-based business operations. The Accelerated Depreciation Provision provides businesses with the opportunity to take accelerated depreciation deductions on business property located on Indian reservations. 

NCAI recommends that Congress make both tax incentives permanent so that employers can rely on the incentives when planning to locate a facility in Indian Country. The lack of certainty in the future of these tax provisions undermines their ability to attract larger, long-term investments. 

NCAI also supports the proposal in the Department of Treasury FY 2015 Budget 

to update the Indian Employment Credit (Green Book pp. 13–15). The Indian Employment Credit is structured as an incremental credit applicable to current year 

qualified wages and health insurance costs in excess of such costs paid in the base 

year (1993, the year of original enactment). Updating the base year would achieve 

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two goals: (1) simplicity by eliminating the need for businesses to maintain tax 

records long beyond normal requirements, and (2) restoration of the original incremental design of the credit. However, we note that in certain instances, this would 

result in a lesser amount of tax credit being available to certain businesses with 

on-reservation operations. We recommend use of the tax revenue savings inherent 

in this change to extend the credit permanently and to make the New Markets Tax 

Credit more accessible to tribal projects, as proposed below. 

We also urge extension of a tax provision of importance tribes in coal-rich areas, 

the Indian Coal Production Tax Credit (ICPTC). The ICPTC was enacted for a temporary period in the Energy Tax Incentives Act of 2005 (see IRC Section 45(d)(10) 

and (e)(10)). The credit was later extended and expired on December 31, 2014. There 

is a compelling need for the ICPTC. Tribes with coal reserves rely on the jobs and 

revenues generated by mining operations to improve the well-being of their citizens 

as they strive for economic self-sufficiency. Unfortunately, on-reservation mining operations are disadvantaged by bureaucratic obstacles, additional federal regulatory 

requirements, and the higher financial costs associated with mining on Indian 

lands, which make it difficult to compete with off-reservation operations. Since 2006, 

the ICPTC has helped offset those disadvantages and level the playing field for tribal mining operations. 

The New Markets Tax Credit (Section 45D) was established in 2000 to spur new 

or increased investments in operating businesses and real estate projects located in 

low income communities. The program has traditionally been a successful tool for 

attracting private capital to Indian Country. However, neither tribal organizations 

nor Indian reservation-focused applicants received a single dollar in the 2013 or 

2014 rounds of NMTC Funding. NCAI urges Congress to address this problem by 

creating a set-aside for Indian reservation-focused applicants and by amending Section 45D(i)(6) to direct Treasury to prescribe regulations to ensure that Indian reservations (as well as nonmetropolitan areas) receive an allocation of qualified equity 

investments. 

Similarly, the Low-Income Housing Tax Credit (LIHTC) is too frequently unavailable to tribes. Indian tribes have great numbers of low-income tribal members and 

long waiting lists of members who need housing. Unfortunately, the LIHTC allocations are provided only to state governments, who most frequently use criteria that 

benefit only urban areas. We urge that a set-aside be created for tribal governments. 

Tax Parity for Tribal Governments. Members of Congress and Indian tribes have 

been identifying a significant number of provisions where tribes are unable to use 

the Tax Code in the same manner as state and local governments. NCAI urges the 

Committee to take action in these areas to ensure that tribal governments achieve 

tax parity with state and local governments. 

• Tribal government tax-exempt bonds. Currently, tribes may only use tax-exempt 

bonds for ‘‘essential government functions.’’ Unfortunately the IRS has interpreted this in a way to exclude tribal economic development as a governmental 

function, while state and local governments frequently use tax exempt financing 

for revitalization projects. This unnecessarily prevents tribes from securing the 

funding needed to revitalize their communities. Tax parity is essential for tribal 

governments to freely implement important initiatives in Indian Country. 

• Tribal government pension plans. Tribal governments currently must provide 

both government and private ERISA pension plans to their employees. This 

largely depends on whether the employee works for the tribal government or 

for a tribal enterprise. This requirement is both costly and cumbersome. Tribal 

governments must be able to operate a single, comprehensive, government pension program for all of their employees. 

• Tribal foundations and charities. Tribally-created foundations and charities do 

not enjoy the same tax-exempt status that state-created foundations and charities enjoy. This creates an uncertain atmosphere for potential benefactors seeking to maintain their tax-exempt status. In order for tribal foundations and 

charities to thrive, it is necessary for benefactors to feel unencumbered to make 

contributions without potential tax penalties. 

• Tribal child support enforcement agencies. Tribal child support enforcement 

agencies need authority to access parent locator services, which are currently 

only available to state and local governments but not tribes. Also, the tax code 

should be amended to allow tribal child support enforcement agencies to enforce 

orders for support through the authority to withhold past due child support payment from the federal income tax returns of parents with past due obligations. 

12 

• Tribal access to Clean Renewable Energy Bonds (CREBs). Tribes and entities 

wholly owned or controlled by tribes, should be able to utilize CREBs for energy 

development projects. Legislation should also create a set aside for tribal 

projects under the CREBs provision. 

• Adoption Credit. Recognize American Indian/Alaska Native tribal governments 

for purposes of determining under the Adoption Credit whether a child has special needs. Adoption is widespread throughout Indian Country. Tribal courts 

need the ability to make a determination of special needs in order to grant tax 

credits to adoptive parents on par with state courts. 

• Tax credits granted to doctors employed by Indian Health Service facilities. Tax 

credits are available to doctors employed in other areas of the public sector, but 

are unavailable to those employed by the Indian Health Service. This would create an incentive for practitioners to bring their skills to Indian Country, where 

they are greatly needed. 

Inclusion of American Indian/Alaska Native tribal governments in any forthcoming tax reform bill. The last national tax reform occurred during the 1980s. As 

such, any tax reform will most likely create a Tax Code which will govern the 

United States, its territories, and Indian tribal governments for decades to come. 

For this reason, it is important that tribal governments be included in any tax reform efforts as a matter of fairness. Reliable funding sources have been few and far 

between for every tribal government service for decades. NCAI recommends further 

consultation with tribes to develop an initiative that will promote tribal government 

tax authority and promote the ability of tribal governments to sustain programs and 

services in a more self-sufficient manner. 

Include Tribal Governments in the Marketplace Fairness Act. NCAI seeks the 

Committee’s support of the Marketplace Fairness Act and requests the inclusion of 

tribal governments in any legislation that regulates the collection of sales taxes or 

implements the State Streamlined Sales and Use Tax Agreement. The Senate included tribes within last year’s version of S. 743, and we are optimistic the legislation will be considered again this year. 

In sum, Indian tribal governments have authority to, and increasing utilize, their 

authority to collect sales taxes on Indian reservations. Tribal governments use these 

tax revenues to provide services on their reservations, such as law enforcement, 

education, health care and all the basic roads and infrastructure needs. 

In the Marketplace Fairness Act, Congress will be exercising its Commerce Clause 

authority, which includes the authority to regulate Commerce ‘‘with foreign Nations, 

and among the several States, and with the Indian tribes.’’ Like states, tribal governments are subject to confusing federal common law decisions on taxing jurisdiction, and can benefit from simplified rules on remote sales taxes and the sourcing 

of tax jurisdiction. 

We urge that any legislation passed by Congress also protect the tax status of Indian tribal governments by allowing Indian tribes to participate in the same manner 

as states. NCAI has worked with states and the National Conference of State Legislatures, and Indian tribes were included in prior legislation, in S. 34 from the 110th 

Congress and in H.R. 5660 from the 111th. We believe that the provisions incorporated in these older bills are better model for including tribes. 

Inclusion of tribes is extremely important, because the legislation will create the 

sales tax collection system for the next century, and sales taxes are a critical source 

of government revenue for Indian tribes. State governments rely on federal funding 

for approximately 25 percent of their budgets, while tribal governments rely on federal funding for more than 60 percent of their budgets. Most often tribal governments are supplying services that the Federal Government is under treaty and trust 

obligations to provide. At a minimum, Congress should exercise its authority in a 

way that supports and protects the ability of tribal governments to raise tax revenues on their own. If a new national system of sales tax collection is to be created 

with Congressional approval, basic fairness means that tribal governments should 

have the same opportunities to collect taxes as other jurisdictions within the federal 

system. We urge Congress to include tribal governments within the Marketplace 

Fairness Act. 

Tribal Infrastructure 

Tribal infrastructure needs must be addressed in order for tribes to not only meet 

the needs of their members, but to attract economic development opportunities to 

their communities. In this session of Congress, members of this Committee will be 

asked to take action on transportation and housing reauthorizations that will have 

a great impact on the current housing and transportation programs operated by 

tribal governments. 

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Transportation 

Tribal transportation programs are critical to ensuring that tribal governments 

can provide for the economic and social well-being of their tribal members and members of the surrounding communities. Surface transportation in Indian Country involves thousands of miles of roads, bridges, and highways. According to the latest 

National Tribal Transportation Facility Inventory, there are approximately 160,000 

miles of roads and trails in Indian Country owned and maintained by tribes, the 

Bureau of Indian Affairs, states, and counties. Of those, Indian tribes own and 

maintain 13,650 miles of roads and trails of which only 1,000 (or 7.3 percent) are 

paved, with another 12,650 miles consisting of gravel, earth, or primitive materials. 

Of the 29,400 miles owned and maintained by the Bureau of Indian Affairs, 75 percent of them are graveled, earth, or primitive. When combined, the roads owned and 

maintained by Indian tribes and the Bureau of Indian Affairs are among the most 

underdeveloped and unsafe road networks in the nation, even though they are the 

primary means of access to American Indian and Alaska Native communities by Native and non-Native residents and visitors alike. 

Therefore, safety issues continue to be among the biggest challenges for tribal nations because many tribal communities are vulnerable due to unsafe and often inaccessible roads, bridges, and ferries. According to the Federal Highway Administration, ‘‘American Indians have the highest rates of pedestrian injury and death per 

capita of any racial or ethnic group in the United States.’’ Over the past 25 years, 

5,962 fatal motor vehicle crashes occurred on Indian reservation roads, with 7,093 

lives lost. While the number of fatal crashes in the nation declined 2.2 percent during this time period, the number of fatal motor vehicle crashes per year on Indian 

reservations increased 52.5 percent. Adult motor vehicle-related death rates for 

American Indians/Alaska Natives are more than twice that of the general population. These statistics are alarming and call for major changes in federal transportation safety programs serving Indian Country. 

The current cost to construct for Bureau of Indian Affair owned roads in Indian 

Country is approximately $81.6 million. Indian Country will require a substantial 

commitment of federal resources in keeping with the trust responsibility to meet 

maintenance and transportation needs for tribal governments and citizens. In addition, another surface transportation program that has a growing shortfall is the Bureau of Indian Affairs Road Maintenance Program. The lack of investment in this 

infrastructure over the past decade has compromised highway safety in Indian 

Country, dramatically shortened the useful life of the Bureau of Indian Affairs 

transportation system, and tribal roads and bridges and undermined tribal economic 

development initiatives in Indian Country. 

Bureau of Indian Affairs Road Maintenance Program. Although the majority of 

transportation programs are authorized and funded through the Department of 

Transportation, there is one critical tribal transportation program located within the 

Bureau of Indian Affairs. This program, the BIA Road Maintenance program is responsible for maintaining approximately 29,400 miles for roads in Indian Country 

including 900 bridges. The funding for this program has steadily declined for several 

fiscal year cycles and is currently funded at $26 million for FY 2015. 

The current deferred maintenance for BIA roads is over $289 million and rising. 

At this current level of funding it would take more than a decade to clear the current maintenance backlog on these roads, not accounting for future maintenance 

needs. These staggering amounts of deferred maintenance on BIA roads directly impacts tribes. The safety of our youth, elders, tribal citizens, and non-Native neighbors depend on the adequacy of these roads. 

Reauthorization of MAP–21. The Moving Ahead for Progress in the 21st Century 

(MAP–21) is the major transportation authorization that administers highways, 

bridges, transits, and safety programs within the Department of Transportation. 

Particularly for tribes, MAP–21 comprises the Tribal Transportation Program (TTP) 

and Public Transportation on Indian Reservations Section 5311 (c) (also known as 

the Tribal Transit Program). Currently tribes receive $450 million for TTP for the 

construction and maintenance of highways, roads, and bridges; and $30 million for 

Public Transportation on Indian Reservations, which provides funding for development and maintenance of transit systems that serve tribal communities. 

NCAI requests this Committee to hold a hearing on tribal transportation priorities in anticipation of the reauthorization of MAP–21 which expires in May of 2015. 

This hearing could be used to highlight the importance of tribal transportation programs and how those programs can be improved as Congress considers reauthorization of the broader transportation reauthorization. 

14 

Housing 

Housing is a core necessity for tribal communities. While tribes have made great 

strides toward improving housing conditions in their communities, the need for adequate, affordable housing for low-income Indian people persists. Native Americans 

still face some of the worst housing and living conditions in the Unites States. According to the U.S. Census Bureau’s 2006–2010 American Community Survey, there 

are an approximate 142,000 housing units in Indian Country, and those homes frequently lack utilities and basic infrastructure. The survey shows that approximately 

8.6 percent lack complete plumbing facilities, 7.5 percent lack kitchen facilities, and 

18.9 percent lack telephone service. Close to 30 percent of Indian homes rely on 

wood for their source of heat. 

These staggering statistics have long been challenges facing Indian tribes, and 

without appropriate policies and proper government-to-government planning to address these challenges, Indian Country will continue to fall behind. Seventy percent 

of the existing housing stock in Indian Country is in need of upgrades and repairs, 

many of them extensive. The longer it takes to address these significant housing 

needs in Indian Country, the more expensive remedies will be in the long-term. 

Tribal programs under the Native American Housing and Self-Determination Act 

have been successful in allowing tribes the self-determination necessary to provide 

effective programs for tribal citizens. NAHASDA effectively replaced the various Indian housing programs under the 1937 Housing Act and consolidated federal housing funds through direct block grants to the tribes and their housing authorities. 

Tribes are now exercising their right of self-determination to design and implement 

their own housing and other community development infrastructure programs. 

NAHASDA has resulted in tens of thousands more housing units being constructed 

as well as increased tribal capacity to address related infrastructure and economic 

development challenges. Since the enactment of NAHASDA in 1996, tribal housing 

programs have been making great strides for housing and community development 

by using sustainable building practices and leveraging their NAHASDA and other 

federal funding. Today there are close to 500 Tribally Designated Housing Entities 

in Indian Country. 

Reauthorization of NAHASDA. The current NAHASDA authorization expired in 

September of 2013. NCAI recommends the reauthorization of NAHASDA and its 

programs and activities. NAHASDA’s programs are key to meeting the housing 

needs of Indian Country. In the last session of Congress, NAHASDA legislation 

passed the House but stalled in the last days of the Congress. NCAI recommends 

that this Committee work on legislation to reauthorization NAHASDA to bring certainty to housing development and programs throughout Indian Country. 

Telecommunications 

As the United States progresses with the deployment and adoption of 21st Century technologies, mechanisms implemented must take into consideration the 

unique circumstances that exist on tribal lands. As new policy initiatives spur robust, high-speed broadband services throughout the country, adequate resources and 

funding for these efforts will need to keep pace. Policies focused on the deployment 

and adoption of these new technologies provides renewed opportunities for tribes to 

exert self-determinations and advance capacity building. Funding for federal commitments to consult with tribal nations and access to public media systems continue 

to be essential functions for bridging the Digital Divide in Indian Country. 

The primary law governing our telecom sector is the 1934 Communications Act— 

which was last amended in 1996 due to rapid advances in wireless and cable technologies. The 1996 amendments created the Universal Service Fund to meet the 

goals of providing affordable and quality telecom services across the country—most 

notably to rural areas, and for low-income individuals. However, the law passed 

without consideration to the general absence of these facilities and services on tribal 

lands. 

In the 2000 U.S. Census, it was estimated that less than ten percent of tribal 

lands had access to the Internet—and that just 68 percent of tribal households had 

access to basic telephone service. With these startling statistics, tribes united to advocate for change. 

NCAI urges the Committee to hold an oversight hearing on connectivity in Indian 

Country and make specific recommendations below to improve Administration efforts in telecommunications. 

Establish the Office of Native Affairs and Policy as an independent office at the 

FCC. The FCC has already established a procedural framework for stand-alone offices, such as the Office of General Counsel and Office of Engineering and Technology. These offices were created to directly advise the FCC Chair and Commissioners as specific subject matter experts. When the FCC Office of Native Affairs 

15 

was established (FCC–ONAP), it was place under the Intergovernmental Affairs Bureau with the intent to report to, and work directly with the FCC Chair and across 

the Bureaus and Offices at the Commission. Elevating FCC–ONAP to operate as a 

stand-alone office will ensure that it has the unfettered access needed to address 

tribal concerns and advise the FCC Chair, Commissioners, and the Commission’s 

Bureaus and Offices on all tribal matters. 

Dedicated Funding for FCC–ONAP. NCAI urges continuation of a dedicated, annual budget for FCC–ONAP to ensure the FCC’s commitment to consult with tribal 

nations is preserved and exercised. FCC–ONAP is charged with consulting with 

tribal nations on behalf of the entire agency, and working with FCC Commissioners, 

Bureaus, and Offices for the development and implementation of policies benefiting 

tribal nations. The passage of the 2014 Omnibus Appropriations bill was the first 

time Congress appropriated funds to the FCC specifically for consultation purposes 

with tribal nations. We urge Congress to continue funding of no less than $300,000 

for consultation purposes at the FCC through its Office of Native Affairs and Policy. 

ConnectED. In June 2013, President Obama announced the ConnectED initiative 

to connect 99 percent of America’s students to high-speed broadband and services 

by 2018. Shortly after this announcement, the Federal Communications Commission 

initiated rulemakings to modernize its $2 billion Schools and Libraries program (Erate)—the Federal Government’s largest educational technology program. In the 

Final Order adopted by the FCC in August 2014, many tribal concerns were addressed, such as the need for training on various programmatic aspects of the Erate program and the need for a Tribal Liaison at the Universal Service Administrative Company. 

However, the Final Order missed taking action on several key recommendations 

to increase tribal participation in the program. Additionally, the Final Order focused 

on prioritizing funding to support Wi-Fi deployment, which does not address the 

critical need for new hardline, and in many cases first-time, connections to the nation’s schools and libraries. 

Amend the Library Services and Technology Act. NCAI seeks an amendment to 

the Library Services and Technology Act to recognize tribal authority to designate 

what constitutes a ‘‘library’’ on tribal lands. 

Tribal ‘‘libraries’’ are usually located in multi-service buildings that provide programs and services to tribal members, which may not constitute a formal ‘standalone’ library or necessarily be attached to a primary or secondary education institution. When the 1996 Telecommunications Act passed it recognized the Library Services and Construction Act, which provided tribes the ability to designate their own 

libraries. However, just months after passage of the ’96 Telecom Act, the LSCA was 

rescinded and replaced by the Library Services and Technology Act (LSTA). Under 

the LSTA tribes must receive approval from a State Library Administrative Agency 

to designate a ‘‘library’’ as eligible for receiving funds for various library functions— 

including eligibility for participation in the E-rate program. NCAI requests legislation to amend the LSTA, or remove the requirement that tribal libraries be eligible 

for LSTA under state programs and instead restore them to being treated as agencies of sovereign tribal nations. 

Public Safety 

Congress has taken historic steps in the past several years to address public safety issues in Indian Country. With the passage of the Tribal Law and Order Act in 

2010, the Violence Against Women Reauthorization Act of 2013, and the Alaska 

Safe Families and Villages Act of 2013, Congress has begun to address some of the 

structural barriers to public safety in tribal communities. For the promise of these 

laws to be fully realized, however, they must be fully implemented at the agency 

level and sufficient resources must be allocated through appropriations. 

In 2013, the bi-partisan Indian Law and Order Commission released its report to 

Congress and the President concluding that ‘‘[h]ow we choose to deal with the current public safety crisis in Native America—a crisis largely of the Federal Government’s own making over more than a century of failed laws and policies—can set 

our generation apart from the legacy that remains one of [the] great unfinished 

challenges of the Civil Rights Movement. Lives are at stake, and there is no time 

to waste.’’ The public safety problems that continue to plague tribal communities are 

the result of decades of gross underfunding for tribal criminal justice systems; a 

uniquely complex jurisdictional scheme; and the historic, abject failure by the Federal Government to fulfill its public safety obligations on American Indian and Alaska Native lands. Residents and visitor on tribal lands deserve the safety and security that is taken for granted outside of Indian Country. 

Reauthorization of the Tribal Law and Order Act; with Juvenile Justice, Technical 

Amendments and a Joint Effort to Address the Crisis in Criminal Justice Funding. 

16 

NCAI asks that the Senate Committee prioritize the reauthorization of the Tribal 

Law and Order Act of 2010 (TLOA). The TLOA was a strong and bi-partisan step 

forward by Congress to address tribal justice systems. The Act authorized funding 

for a number of programs to tribal governments to improve public safety and the 

administration of criminal justice in Indian Country. All authorized funding under 

the TLOA is expiring this year. It is important that Congress not only reauthorize 

this funding, but also appropriate the crisis-level funding needed for criminal justice 

in Indian Country. There is very strong, but as yet unrealized, support within Congress, and combining additional appropriations with the reauthorization will be 

well-received and strongly supported by tribal leaders. 

The reauthorization of the TLOA may also serve as a vehicle for improvements 

to the Juvenile Justice system in Indian Country, which we describe in the next section. Chairman Barrasso and Vice-Chair Tester have both identified youth justice 

as a priority, and Indian Country fully agrees. 

The TLOA was also a vehicle for a series of important technical improvements 

to the federal criminal justice laws in Indian Country. Tribal justice systems now 

have nearly five years of experience with implementing the law, and that implementation has led to proposals to continue to make technical amendments to improve 

the law. 

Bureau of Prisons Tribal Prisoner Pilot Program. Specifically, we ask that the 

Committee reauthorize and make the Bureau of Prisons Tribal Prisoner Pilot program, which expired on November 24, 2014, permanent. The Pilot Program created 

the option to send highly violent offenders to federal corrections facilities. Many 

tribes do not have the resources or personnel to adequately and safely house these 

types of offenders. The federal system also offers greater access to treatment, rehabilitation, and reentry programs. 

At the time of enactment, NCAI believed that the program would be used sparingly for only the most violent offenders. However, there were concerns about costs 

and the program was limited to a pilot for four years. In that short time the program is only beginning to work, but it works extremely well. Tribal governments 

must develop new criminal codes, train staff, and then it took time to navigate the 

federal bureaucracy to use the program. Three tribes have only fairly recently transferred a total of six prisoners to federal prisons, but this is an extraordinarily useful 

tool for a big problem—the small number of very violent offenders. Providing tribes 

this flexibility will allow tribal governments to concentrate their resources on other 

pressing criminal justice and public safety needs. The Federal Bureau of Prisons has 

supported the continuance of this program in its report to Congress as required by 

the Tribal Law and Order Act. 

Trespass. NCAI has also received increasing technical feedback from tribes on 

criminal justice concerns. As an example, we recommend that Congress consider updating the 18 U.S.C. 1165 regarding trespass. Trespass on an Indian reservation is 

treated as a misdemeanor under federal law, which may be appropriate for minor 

hunting and fishing trespasses. However, Indian reservations are experiencing increasing problems with serious criminal trespass and a lack of deterrence. First, 

tribes are unable to address problems with sexual assault and stalking offenders 

who are subject to civil protection or exclusionary orders, but continue to return to 

the reservation to harass victims. Violating a tribal protection or exclusionary order 

should be subject to more serious federal penalties. Second, tribes also have difficulties with former lease tenants who overstay agricultural and residential leases for 

many years and refuse to leave or pay rent. Third, tribes are also experiencing problems with timber theft, repeated poaching, illegal mining and illegal marijuana operations. These are serious property crimes that are infrequently enforced by the 

Federal Government because the penalty is a misdemeanor. The goal would be to 

create an effective federal deterrent that could be included in initial notices or orders. In short, the Indian Country trespass crime should be updated to increase penalties and deterrence for those who cause serious threats to persons and loss of 

property. 

Juvenile Justice. The Indian Law and Order Commission’s ‘‘A Roadmap for Making Native America Safer’’ report discussed the disturbing reality that American Indian/Alaska Native youth face disproportionate exposure to violence and poverty. 

Many of these communities lack access to funding for mental health and other support resources to offset the impacts of these conditions. As a result, Native children 

are particularly likely to enter the juvenile justice system. Removing these children 

from their families, tribal communities, and culture increases the likelihood that 

they will become habitual offenders. At present, the majority of youth in federal detention centers are American Indian/Alaska Native. American Indian/Alaska Native 

youth also make up a disproportionate number of the population in state juvenile 

justice systems, when compared with their non-Indian counterparts. 

17 

When faced with these realities, tribes are often unable to participate in ensuring 

the health and welfare of their juvenile populations. In most cases, tribes are better 

situated to offer culturally appropriate alternatives to incarceration, however, many 

tribes lack the ability to financially support the infrastructure needed to deter and 

rehabilitate juvenile offenders, and rely solely on federal appropriations. The immediate costs of arming Native juvenile justice systems with the tools they need to implement culturally sensitive juvenile justice solutions pale in comparison with the 

long term costs of incarcerating habitual juvenile offenders into adulthood. NCAI 

has the following recommendations for the Committee: 

Funding for American Indian/Alaska Native Juvenile Justice Programs. The Tribal Law and Order Commission’s 2013 Report on juvenile justice (TLOC Report) and 

the Attorney General’s Advisory Committee on American Indian/Alaska Native Children Exposed to Violence 2014 Report (AG Report) recommend that, rather than incarcerate Native juvenile offenders, tribes implement culturally-appropriate rehabilitation measures. Incarceration of Native juvenile offenders only exacerbates an 

already precarious situation. According to the TLOC Report, when placed in juvenile 

detention facilities, youths are placed in ‘‘generally unsafe, abusive, ineffective, and 

horribly expensive’’ situations that tend to push them further into a life of crime. 

It is therefore necessary for tribal juvenile justice systems to be able to fashion appropriate alternatives aimed at rehabilitation and treatment. 

The TLOC Report recommends that resources be more effectively deployed to Indian Country in order to achieve parity between Native and non-Indian justice systems. The Juvenile Justice and Delinquency Prevention Act of 2002 (JJDPA), which 

is up for reauthorization, provides funding for juvenile justice prevention and treatment programs in Indian Country. Currently, the aggregate amount of funding provided by the JJDPA for all of Indian Country equals the amount apportioned to one 

state. This is unacceptable in light of the challenges facing Indian Country in implementing and sustaining juvenile justice systems. Tribes must be allocated and appropriated at least ten percent of the funding available under the JJDPA in order 

to provide their communities with adequate juvenile justice solutions. Both the 

TLOC Report and the AG Report recommend that Congress authorize additional 

and adequate funding for tribal juvenile justice programs in the form of block grants 

and self-governance compacts to support the restructuring and maintenance of tribal 

juvenile justice systems. 

Tribal Juvenile Data collection. The TLOC Report highlights the difficulties Indian Country faces in keeping track of its juvenile offenders. In some cases, juvenile 

offenders disappear completely from a tribe’s radar once they are in the system. At 

the state level, data collection is either inadequate or nonexistent. Both the TLOC 

Report and the AG Report emphasize that proper data collection is essential if 

tribes are to attempt early intervention with at-risk youth. A number of tribes have 

instituted juvenile tracking programs, in which they have collected data from a variety of sources to create a comprehensive picture of each of the youths within their 

tribal communities. From this data, tribes have been able to foresee when family 

situations require preventative action, and then supply the resources necessary to 

maintain the youth’s wellbeing. This kind of data collection is essential for tribes 

to maintain healthy youth communities, but many tribes lack the resources necessary to institute these kinds of comprehensive programs. Appropriated funding is 

therefore necessary for the long term health of these tribal communities, and will 

result in an overall savings in both social and fiscal costs. 

Preventative Family Services. The AG Report states that Native juvenile offenders 

are exposed to violence at extremely high rates. This exposure negatively impacts 

neurological development, physical and mental health, and school performance, and 

increases substance abuse and delinquent behavior. Many of these issues could be 

resolved through early preventative services, such as providing mental health and 

substance abuse counseling for parents, screening youth for trauma, or providing 

after school programs and youth mentorship. Tribes often lack the resources to initiate and facilitate these programs. It is therefore necessary for Congress to appropriate funding essential to the creation and implementation of preventative tribal 

intervention programs. 

Request for Oversight Hearing on Nationwide Implementation of Tribal Domestic 

Violence Jurisdiction. NCAI respectfully requests the Committee hold an oversight 

hearing on the implementation of 25 U.S.C. § 1304, known as Special Domestic Violence Criminal Jurisdiction (SDVCJ), in March of this year. The restoration of tribal 

jurisdiction over non-Indian domestic violence offenders marked one of the most important and most highly visible provisions of the reauthorization of the Violence 

Against Women Act nearly two years ago. On March 7, 2015 all Indian tribes will 

become generally eligible to implement the new law without prior approval from the 

18 

Attorney General. That month would be an opportune time for the Committee to 

hear about implementation from the three tribes in the Pilot. 

Under the Pilot Program, three tribes were approved by the Attorney General to 

exercise SDVCJ on an accelerated basis on February 20, 2014. The three tribes include the Confederated Tribes of the Umatilla Indian Reservation (Oregon), the 

Pascua Yaqui Tribe (Arizona), and the Tulalip Tribes (Washington). Over the past 

two years, 41 tribes have worked in collaboration to prepare for implementation as 

part of the Intertribal Technical-Assistance Working Group. It is expected that quite 

a few more tribes will begin implementation in the near future. 

One goal in requesting this oversight hearing is to educate more tribal leaders 

about the process of implementation. The pilot project tribes have done tremendous 

work in developing tribal codes and putting the required criminal procedural safeguards into place. They have accumulated a lot of lessons learned, and a Senate 

hearing would be an excellent place to share this knowledge. 

In addition, this issue garnered a great deal of attention in Congress, and we feel 

a responsibility to keep Congress informed about progress with the new law. The 

pilot project has illustrated the necessity of criminal jurisdiction over non-Indians 

on tribal lands in order to ensure public safety. The three pilot tribes are already 

making multiple arrests of non-Indian domestic violence and dating violence offenders and have a great deal of data and information to share. 

For example, there have been multiple related assaults and incidents involving 

children, which the tribes cannot prosecute under their current authority. This data 

is especially relevant given the Attorney General’s Task Force on Children Exposed 

to Violence recent recommendations. In addition, it is notable how many of these 

SDVCJ defendants have arrest warrants in other jurisdictions and have attempted 

to exploit jurisdictional gaps by ‘‘hiding out’’ in Indian country. The pilot project has 

also illustrated the need for access to federal criminal databases and for clarification 

of authority to detain criminal offenders for federal or state prosecution. Finally, implementation has highlighted the tremendous need for increased resources for tribal 

justice systems. 

The SDVCJ pilot project has placed these issues in spectacularly focused detail. 

NCAI believes that the Committee will be highly impressed with the results of any 

hearing that includes representatives of the three pilot project tribes. 

Victims of Crime Act (VOCA) Funding. Congress created the Crime Victims Fund 

through the Victims of Crime Act in 1984. It is based on a simple idea: Money the 

government collects from those who commit crimes should be used to help those victimized by crime. Each year, criminal fines and penalties collected in federal court 

are deposited into the Crime Victims Fund. The Department of Justice disburses 

money from this Fund to States and other entities to support victim compensation 

and assistance programs. It is important to note that the Fund receives no tax dollars. Unfortunately, since its inception, Indian tribes have largely been shut out of 

the critical funds disbursed from the Crime Victims Fund. 

Since fiscal year 1999, Congress has capped the amount of money disbursed from 

the Crime Victims Fund. The cap on money disbursed from the Fund has remained 

low, even as the amount of money going into the Fund has risen dramatically. For 

example, from fiscal year 2009 through fiscal year 2013, the Crime Victims Fund 

collected an average of $2 billion each year, but disbursed only an average of $700 

million per year. 

Last year, Congress raised the cap for fiscal year 2015 to $2.3 billion. Unfortunately, the vast majority of that funding is distributed via a formula grant to states 

and territories and is not reaching tribes and tribal communities. NCAI Resolution 

calls for 10 percent of the distributions from the Crime Victims Fund to be directed 

to tribal governments. This was also the recommendation of the Attorney General’s 

Task Force on American Indian and Alaska Native Children Exposed to Violence. 

We understand that there is an effort underway in the Senate to make the increased distributions from the Crime Victims Fund permanent, and we request that 

the Senate Committee on Indian Affairs work with the your colleagues to ensure 

that Indian tribes are appropriately included in distributions from the Crime Victims Fund moving forward. 

Appropriations 

Annual funding decisions by Congress are an expression of our nation’s policies 

priorities and the federal budget for tribal governmental services reflects the extent 

to which the United States honors its promises to Indian people. 

Tribal leaders throughout Indian Country seek the same outcomes as other national leaders: to protect the health, safety, and prosperity of the populace they 

serve. Tribal leaders are addressing urgent societal challenges, often with inadequate resources and authority, but still facing expectations from their people for 

19 

safe communities, educational opportunities, health care, clean air and water, and 

economic growth. Effective tribal governments that can meet the essential needs of 

their citizens require the fulfillment of the modern federal trust responsibility as 

well as respect for tribal self-determination. 

The NCAI FY 2016 Budget Request, included as part of this testimony, was developed in coordination with national tribal organizations and tribal partners, and offers recommendations for ways the Federal Government, partnering with tribes, 

should meet the educational needs of a young Indian population through Bureau of 

Indian Education schools, tribal schools, and the public schools on and near tribal 

lands; provide adequate health care via the Indian Health Service, both direct and 

self-governance; ensure responsible resource development for the future; provide 

safe and secure tribal communities; and supply the long-term investments in tribal 

public infrastructure and services required to ensure every American Indian and 

Alaska Native enjoys a decent quality of life and has an opportunity to succeed. 

A combination of parity in governmental and program funding as well as promoting Indian selfdetermination will help to achieve the vision of broader progress 

in Indian Country. Several areas of tribal administration and services demonstrate 

the impediments to effective tribal governance due to disparities in resources, such 

as in tribal public safety and justice, child welfare, and natural resources, to name 

a few. 

Contract Support Costs. The Indian Self-Determination and Education Assistance 

Act has represented the cornerstone of this nation’s federal policy toward tribes for 

the last forty years. Under the Indian Self-Determination Act, the United States enters into inter-governmental contracts with tribes under which tribes administer 

federal programs, either through contracts of selfgovernance compacts for the benefit of tribal members. In amending the 1975 Act in 1988, Congress observed that 

the single greatest impediment to successful implementation of the Indian Self-Determination Policy was the consistent failure of the Bureau of Indian Affairs and 

the Indian Health Service to pay full contract support costs associated with the administration of transferred programs. Congress recognized that the failure of the 

BIA and HIS to pay full fixed contract support costs has often led to reductions in 

programs, amounting to partial termination of the Federal Government’s trust responsibility. 

NCAI calls on Congress and the Administration to honor the nation’s current and 

future contract obligations to tribal nations and work diligently toward a permanent 

solution to contract support cost funding and to implement meaningful contract support cost reforms in consultation and partnership with Indian Country. 

Work to secure full CSC funding without impacting program funding. Following 

the Supreme Court’s Ramah decision, the Administration proposed ‘‘mini-caps’’ on 

contract support cost appropriations for FY 2014 that would have capped the 

amount of CSC available for each individual Indian Self-Determination Act contractor. Congress rejected the mini-cap proposal, which was vigorously opposed by 

tribes, and ultimately enacted the FY2014 Consolidated Appropriations Act without 

any limits on contract support cost spending at the individual or aggregate level. 

As a result the entire unrestricted lump-sum appropriations for the IHS and BIA 

were legally available to pay the agencies’ contract support cost obligations. 

Congress and the Administration must seek permanent full funding for contract 

support costs that will not come at the expense of direct program funding or retained tribal shares. All tribes agree that the payment of contract support costs, 

which is a legal obligation, should not be achieved by reducing direct services to any 

tribes. Tribes and tribal organizations across the country overwhelmingly support 

the creations of a permanent, indefinite appropriation for contract support costs, 

which would ensure full funding for contract support costs on an as-needed basis 

without impacting the rest of the IHS and BIA budgets. 

Prompt Settlement of Past Claims. In June 2012, in the Ramah and Artic Slope 

tribal contracting case decisions, the Supreme Court rejected the Federal Government’s defense of these breach of contract claims and rule that the government 

acted illegally in failing to pay tribes and tribal contractors the full contract price 

due under their Indian Self-Determination Act contracts. This breach covers thousands of contracts by the BIA and IHS extending back over more than twenty years. 

Rather than acting quickly to resolve these claims, which are supported by years 

of data documenting the government’s underpayments, the agencies insisted that in 

order to settle these claims they must re-audit contracts and re-calculate indirect 

cost rates according to retroactively-adopted accounting rules in an effort to re-determine the amount of underpayments. The result has largely been to further delay 

justice and further burden tribes with slow, expensive and unnecessary accounting 

battles, both in the contexts of individual IHS claims and the BIA Ramah class action sampling process. On the IHS side, where claims must be settled tribe-by-tribe 

20 

1 Indian Students in Public Schools—Cultivating the Next Generation: Hearing on Indian Education Before the S. Comm. On Indian Affairs, 113th cong. (2014) (testimony of William Mendoza, Exec. Dir., White House Initiative on Am. Indian and Alaska Native Educ.). 2See Marie C. Stester & Robert Stillwell, U.S. DEP’T OF EDUC., NAT’L CTR. FOR EDUC. 

STAT., PUBLIC HIGH SCHOOL FOUR–YEAR ON–TIME GRADUATION RATES AND EVENT 

DROPOUT RATES: SCHOOL YEARS 2010–11 AND 2011–12 (10) 2014), available at http:// 

nces.ed.gov/pubs2014/2014391.pdf. 

and year-by-year, progress has been made recently, however, by the agency’s own 

account, some 600 claims remain unresolved. 

Given the wealth of available data about the underpayments compiled by the 

agencies themselves, settlement of all cases should have taken no more than a few 

months—it should not take years. While tribes appreciate the progress that has 

been made, further delay is not acceptable and the agencies must approach settlement with all tribes in a consistent and equitable manner. 

Education 

No resource is more important to the continued success and growth of our nation 

and Indian Country than our children. It is vital that we all work together to 

strengthen our human capital in all tribal communities across America. The greatest way to do just that is to provide a high-quality, culturally-appropriate education 

that effectively and equally benefits all of our nation’s children—including our Native children. 

Ensuring equal educational opportunities is not simply a matter of fairness, but 

even more importantly in today’s challenging economic climate, it is an essential 

strategy for creating jobs and securing the nation’s future prosperity especially is 

tribal communities. Education also drives personal advancement and wellness, 

which in turn improves social welfare and empowers communities—elements that 

are essential to protecting and advancing tribal sovereignty and maintaining tribes’ 

cultural vitality. 

The Federal Government provides education to Indian students in two ways, 

through federally funded Bureau of Indian Education (BIE) schools or through education assistance to public schools where Indian students attend. Currently 620,000, 

or 93 percent, of Indian students attend public schools and approximately 45,000, 

or 7 percent, attend BIE schools. There are 184 BIE-funded schools (including 14 

peripheral dormitories) located on 63 reservations in 23 states. 

Many challenges exist in reforming the educational system for Native students. 

For example, the 2011 National Indian Education Study found that Native students 

continue to score significantly lower than their peers in reading and math in grades 

four and eight. The severity of the current state of Indian education is perhaps most 

apparent in the Native high school dropout rate. The graduation rate for American 

Indian and Alaska Native high school students is 67 percent—the lowest of any racial/ethnic demographic group across all schools. 1 Even worse, the graduation rate 

for Native students in the Bureau of Indian Education (BIE) school system is a staggering 53 percent compared to the national average of 80 percent. 2 In fact, recent 

data finds that while the graduation rates continue to rise nationally, with strong 

gains by the Latino and African American communities, Native American students 

have experienced only modest improvements since 2000 and have seen their graduation rates actually decline since 2008. 

NCAI applauds the work of this Committee in the last session of Congress in renewing focus on Indian education and holding five separate hearing on issues impacting Native students from pre-k to college. We request that the Committee continue this work and introduce tribal-specific legislation to improve Indian education 

while working with the Health, Education, Labor and Pension Committee as it proposes changes to the Elementary and Secondary Education Act. 

As reauthorization of the No Child Left Behind Act begins this year it is vitally 

important that tribal leaders and educators are included at the forefront to ensure 

greater tribal participation in the educating of their children, to expand the investment in culture and language revitalization, to provide greater support for Native 

teachers, administrators, and leaders, and to promote greater interagency coordination for a truly holistic approach to the educational experience of all students. Specific recommendations include: 

Reauthorization of ESEA (No Child Left Behind Act). Support a reauthorization 

of the Elementary and Secondary Education Act (ESEA) that improves education 

opportunities for Native students. Indian Country needs strong, concerted, and sustained support to include key Native education priorities that will allow tribes to 

take greater control over the education of their citizens and help Native students 

succeed in the classroom and beyond: 

21 

• Strengthen tribal control of education: Tribes should be granted the authority 

and funds to build capacity for their education departments in the same ways 

that are provided to states and districts. The ESEA reauthorization should authorize tribes to operate ESEA title programs in public schools that are located 

on Indian lands and serve Native students. The Department of Education would 

work with tribes to identify appropriate title programs for tribal administration, 

and tribes would work with the local educational agency on their respective reservations to implement the title program(s) in qualifying schools. 

• Preserve and revitalize Native languages: The survival of Native languages and 

cultures is essential to the success of our communities and ways of life. Because 

immersion is largely recognized as the best way to learn a language, the reauthorization of the ESEA should authorize a grant program to develop and maintain Native language immersion programs. 

• Provide tribes with access to tribal member student records: The ESEA reauthorization needs to expressly grant tribes and tribal education agencies (TEAs) access to tribal student academic records in the same way that local educational 

agencies have access. Tribes and their education agencies are in the best position to track and coordinate Native student data. 

• Encourage tribal/state partnership: States that have Indian lands within their 

geographic boundaries have not been required—or even encouraged—to collaborate with tribes to meet the educational needs of Native children. The ESEA 

reauthorization must require states and local educational agencies to consult 

with tribes when developing applications for various ESEA title programs. 

• Equitably Fund the Bureau of Indian Education: The Bureau of Indian Education (BIE) is currently ineligible for many of the Department of Education’s 

flagship programs, such as Race to the Top, because the ESEA does not include 

language expressly making them eligible. The ESEA reauthorization should include express statutory language making all funding stream available to BIE 

schools, either through an overarching provision or within each ESEA program. 

NCAI also requests that the Committee works with the Administration on several 

key recommendations that could enhance educational opportunities for Native students. 

Blueprint for Reform. Last year, Secretary of the Interior Sally Jewell and the 

Secretary of Education Arne Duncan convened the American Indian Education 

Study Group (Study Group) to address the systemic challenges facing the Bureau 

of Indian Education (BIE) and to propose a comprehensive plan to reform the system. The Study Group held listening sessions in tribal communities and drafted a 

framework on proposed reforms following the listening sessions. After publication of 

the draft framework for reform the Study Group conducted four tribal consultations 

in April and May of this year and received public comment through June. NCAI and 

the National Indian Education Association (NIEA) submitted joint comments on the 

proposed framework advocating for reforms that address the needs of tribal communities and their BIE schools expressed by our membership. 

Following the input from tribal leaders, Native educators, organizations, and 

other stakeholders, the Study Group released a ‘‘Blueprint for Reform’’ during President Obama’s trip to Indian Country in June of this year aimed at transforming the 

BIE system from a director provider of education into a capacity-builder and serviceprovider to tribes with BIE-funded schools. The aim of the current reforms is to empower tribes to have greater control in the education of their children who are currently attending BIE schools. 

Resulting from the recommendations in the ‘‘Blueprint for Reform,’’ Secretary of 

the Interior Sally Jewell issued a Secretarial Order that will implement the recommendations. The implementation is currently underway in a two-phase process: 

the first over the course of the 2014–2015 academic year and the second over the 

course of the 2015–2016 academic year. 

NCAI has committed to engaging tribal leaders in ensuring tribal engagement 

with this effort at reform of the BIE school system, but also requests that the Committee conduct oversight of this reform to ensure that it is conducted in a manner 

that will achieve the goals of tribal control over BIE schools. 

Elevate Key Positions at the Department of the Interior and the Department of 

Education. Too often, Indian education is second-tier to many other important priorities facing administration officials making policy for tribal communities. The Administration must establish key positions in both federal departments that oversee 

the education of Indian Country’s most precious resource—their children. The Bureau of Indian Education (BIE) Director is often mired in a heavilybureaucratic 

structure within the Bureau of Indian Affairs (BIA) that creates barriers to effecVerDate Mar 15 2010 10:35 Jun 06, 2016 Jkt 020323 PO 00000 Frm 00025 Fmt 6633 Sfmt 6621 S:\DOCS\20323.TXT JACK
22 

tively advance policy change. In addition, the Office of Indian Education at the Department of Education (ED) primarily serves as an administrator of Title VII—the 

Indian Education Title—within the broader ESEA. Taken together, the issues and 

concerns facing Indian education are often unable to reach the Secretarial level 

where effective change can truly occur. Having senior positions in both Departments 

will ensure greater active participation in the formation of Indian education policy 

in both the BIE and the public education system. 

Reissue the Executive Order on Tribal Colleges and Universities. Executive Order 

13592, which established the White House Initiative on American Indian and Alaska Native Education, was a step in the right direction for Native education. However, tribal colleges and universities (TCUs) previously had a stand-alone Executive 

Order and their own initiative, which Executive Order 13592 rescinded and folded 

into a single Executive Order on Native education. Tribal leaders and Native educators did not request this change, and the net result has been less effort focused 

on strengthening TCUs. We urge this Committee to request that the Administration 

reissue the separate Executive Order and Initiative on TCUs, sufficiently fund both 

programs so they may meet their mandates, and direct that the two Initiatives work 

together. Current Executive Orders on African American education and historically 

black colleges and universities already do this for other students. American Indian 

and Alaska Native students deserve no less. 

Natural Resources 

American Indian and Alaska Natives have nurtured, lived, and thrived off this 

land as first stewards since time immemorial. Tribes’ cultures, traditions, lifestyles, 

communities, foods, and economies all depend upon many natural resources, and yet 

so many critical natural resources and disappearing faster than we can restore 

them. However, the ecological practices tribal peoples have cultivated for millennia 

are inherently sustainable and practical; they are time tested methods for resource 

and, correspondingly cultural survival. 

Today, tribes are using their unique knowledge and skills in concert with modern 

management practices, often collectively with community and non-tribal organizations, to produce real accomplishments and model programs of excellence. Tribes 

and their communities can cite many examples where they have shaped the successful restoration and sustainable management of fragile natural resources through a 

commitment to stewardship that often requires arduous, through rewarding, collaboration with states, regional organizations, local governments and other stakeholders 

in larger ecosystem management efforts. 

Tribes, as proven effective managers of their own resources, must be provided 

with the necessary tools and support as require by the treaty and trust responsibilities of the Federal Government. Congressional investment in tribal natural resources management helps to sustain tribal land and people and grow economies by 

fostering tribal economic self-sufficiency, cultural revitalization, and collaborative 

working relationships across jurisdictions, supporting communities and economies 

throughout the United States. 

NCAI has the following recommendations on legislation that will be considered by 

Congress this session: 

Wildfire Disaster Funding Act. The management of the forests, grasslands, and 

rangelands to restore them to resilient ecosystems and a sustainable environment 

furthers the protection of our territories, reservations, treaty and trust resources, 

and sacred and religious sites. As wildfires are increasing in frequency and intensity, the current practice of funding wildfire fighting, transferring funds from nonfire programs to cover the cost of essential fire suppression, has undermined the 

U.S. Department of Agriculture’s (USDA) and Department of the Interior’s (DOI) 

ability to sustainably manage the forests, grasslands, and rangelands that are critical to tribal culture, religion, treaty rights, and trust resources. 

Legislation introduced in the 113th Congress would treat the budget for responsible fire suppression in a similar manner to other emergencies such as floods and 

hurricanes, while ensuring funding for general land management and restoration 

actions that can reduce the need for wildfire suppression in the future. Identical legislation has been introduced in the House in the 114th Congress and NCAI urges 

this Committee to continue the work of the bipartisan group of Senators and Congressmen who introduced this legislation in Congress to ensure that essential forestry funding goes to the necessary programs and that the critical wildfire disaster 

funded just like other natural disaster emergencies. 

Magnuson-Stevens Reauthorization. The Magnuson-Stevens Fisheries Conservation Act (MSFCA) is due to be reauthorized and it is time for some much needed 

changes and amendments to incorporate American Indian and Alaska Native in the 

23 

decisionmaking processes as well as a need for improved practices to protect the 

health of our fish resources. 

Despite being charged with the upholding fishing treat rights of Northwest tribes 

and the right to fish of Alaska tribes, the management of the North Pacific Fishery 

Management Council fails to consider the needs of American Indian and Alaska Native people and the structure of the council prevents tribes from participating as 

part of the decisionmaking process and engages in a flawed single-species based 

management system which does not consider the food web dynamics, fishing gear 

impacts, and non-target species taken as bycatch has resulted in the overfishing of 

a third of the nation’s fish stocks. Without appropriate reform of the MSFCA, natural fish populations and the Alaska Native inhabitants’ well-being along with the 

treaty-protected rights of Pacific Northwest Indian nations and tribes will continue 

to be at risk. 

NCAI requests that the purpose of the MSFCA be amended to include promotion 

of Alaska Native subsistence rights and tribal fisheries based on treaty rights, including a mandate to be responsive to the needs of federally recognized tribes, and 

require that tribes and Native subsistence users be represented on the North Pacific 

Fishery Management Council. Further, it must utilize ecosystembased management 

rather than species specific management and additional methods to better protect 

fish stocks and health. The management councils as well as all fishery plans must 

not only include input from tribes, but must also reflect treaty rights and subsistence rights American Indians and Alaska Natives while limiting states’ ability to 

interfere with treaty and subsistence rights. Finally, the MSFCA must provide resources for mitigation efforts when needed to protect tribal treaty rights including: 

increased hatchery production, habitat protection and restoration, development of 

alternative fisheries when primary fisheries have been reduced, and the development of value added programs to increase the value of treaty fisheries. 

Protection and Health of Tribal Forests. The 2013 Indian Forest Management Assessment Team (IFMAT) III Report identifies not only the success of innovative tribal forestry management practices despite extremely limited federal funding and support, but the possibilities of continued improvements with some key legislative and 

administration policy and funding changes. The Report found that, on a per acre 

basis, tribes receive only one-third the funding for forestry and wildfire management 

as the U.S. Forest Service, but are to stretch those funds using holistic approves 

and traditional ecological practices to maintain some of the healthiest forests in the 

country. While this is a success is a testament to tribal innovation, the funding and 

staffing levels continue to dwindle down to amounts well below the levels necessary 

to fulfill the fiduciary trust obligations leaving the ability to do so in the future very 

much in doubt. 

There are several items this Committee and the 114th Congress can do to help 

support tribal forestry management while upholding the federal trust responsibility 

and promoting tribal self-determination. First, the Anchor Forests concept needs to 

be supported by legislation. Anchor Forests, ‘‘a relatively large multi-ownership area 

that will support sustainable long-term wood and biomass production levels backed 

by local infrastructure and technical expertise, and endorsed politically and publicly 

to achieve the desired land management objectives,’’ are key to forest health and 

sustainability. Next, while the Tribal Forestry Protection Act of 2004 (TFPA) was 

passed to allow tribes the ability to propose projects on adjacent federal lands to 

protect tribal rights, lands, and resources by reducing threats from wildfire, insects, 

and disease, the Act has not met these important expectations. TFPA needs to be 

amended to expedite consideration, approval, and implementation of TFPA projects. 

In addition to these legislative proposals, NCAI requests that the Committee 

should work with the Administration to ensure that tribes can achieve parity with 

other governments in the management of their natural resources and to ensure that 

adequate consultation is conducted on matters that impact tribal management of 

natural resources. 

Parity for tribal governments in Natural Resource programs. In order for tribes 

to adequately care for and fully utilize their natural resources and maintain natural 

resource management programs, funding for Bureau of Indian Affairs natural resource programs must increase. Tribal funding has declined incrementally over decades, more precipitously than other Department of the Interior natural resource programs, while tribes continue to be excluded from eligibility for billions of dollars 

from dozens of natural resource programs across the federal agencies that are otherwise available to states, local governments, and other entities. 

Consultation. We request the Committee work with the Administration to ensure 

tribal inclusion and consultation in the development and implementation of laws, 

programs, and policies that affect tribal interests in natural resources and include 

tribes as eligible entities for all conservation programs and measures. 

24 

Healthcare 

The health and wellness of tribal communities depends on a network of health, 

education, and wellness service providers, prevention coordination, and tribally-driven initiatives. Despite the Federal Government’s trust responsibility to provide 

health care to our people, American Indians and Alaska Natives continue to experience the greatest health disparities in the United States when compared other 

Americans. Shorter life expectancy and the disease burdens carried by American Indians and Alaska Natives exist because of inadequate education, disproportionate 

poverty, discrimination in the delivery of health services, and cultural differences. 

These are broad quality of life issues rooted in economic adversity, poor social conditions, and decades of historical trauma. 

Tribal leaders recognize that the responsibility for wellness of their community 

lies with the tribal government working in concert with their citizens and with 

agencies across the Federal Government. The Indian Health Service has been and 

continues to be a critical institution in securing the health and wellness of tribal 

communities, and advance appropriations are necessary for IHS. New health care 

insurance opportunities under the Affordable Care Act beginning in 2014 and expanded Medicaid in some states have expanded health care resources available to 

many American Indians and Alaska Natives. A fix to the definition is required to 

ensure that all American Indians and Alaska Natives are receiving the special benefits and protections for American Indians and Alaska Natives. However, these new 

opportunities are still no substitute for the fulfillment of the federal trust responsibility. 

Advance Appropriations for the Indian Health Service. NCAI along with many national and local health boards are on record supporting the need for legislation to 

authorize advance appropriations for the Indian Health Service. Since 1998, appropriated funds for medical services and facilities through IHS have only been provided before the commencement of the new fiscal year one time. Late funding has 

resulted in significant challenges to tribal and IHS programs as to budgeting, recruitment and retention, provision of services, and facility maintenance and construction efforts, as well as other areas. 

The goal of advance appropriations is for the Indian Health Service and tribal 

health care providers to have adequate advance notice of the amount of federal appropriations to expect to administer health programs and services to American Indian and Alaska Native people and thus not be subjected to the uncertainties of late 

funding and short-term continuing resolutions. Congress provides advance appropriations for the Veterans Administration medical accounts, and the request is for 

parity in the appropriations schedule for the IHS. 

Definition of Indian in the ACA. The Affordable Care Act provided for permanent 

reauthorization of the Indian Health Care Improvement Act, ending a 17 year effort 

for reauthorization. Tribes are adamantly opposed to repeal of the ACA, however, 

if this Congress takes up specific provisions of the bill, tribal leaders seek a fix to 

the definition of Indian within the ACA. There are three separate definitions of Indian throughout the ACA which creates confusion in eligibility for certain benefits. 

Tribes seek consistency in the definitions to ensure that all those currently eligible 

for benefits continue with those benefits. 

Permanent Reauthorization of the Special Diabetes Programs for Indians. At nearly 16.1 percent, the American Indian and Alaska Native population has the highest 

of diabetes among all U.S. racial and ethnic groups, and an estimated 30 percent 

percent of American Indians and Alaska Natives are pre-diabetic. In 1997, Congress 

addressed the growing epidemic of diabetes in American Indian and Alaska Native 

communities by passing the Balanced Budget Act which established the Special Diabetes Programs for Indians. The Special Diabetes Programs for Indians provides assistance for developing local initiatives to treat and prevent the disease and has 

served as a comprehensive source of funding to address diabetes issues in tribal 

communities by providing grants for diabetes prevention and treatment services to 

more than 400 Indian Health Service, tribal, and urban Indian health programs in 

35 states. These grants are critical to improving the overall health of American Indian and Alaska Native people because they greatly enhance the effectiveness of 

preventative health programs and allow programs aimed at stopping the spread of 

diabetes to children and young adults to be established. 

The Special Diabetes Program for Indians was last reauthorized in 2014 for a period of one year, and its current authorization expires on September 30, 2015. NCAI 

requests that legislation permanently reauthorized and that full funding be provided for the permanent continuation of this program. 

Exempt Tribal Employers from the ACA Employer Shared Responsibility Mandate. 

The Employer Shared mandate violates the federal trust responsibility because it 

requires AI/ANs to pay for the cost of their own health insurance and also requires 

25 

tribes to subsidize IHS services. AI/AN are exempt from the individual mandate and 

AI/AN should not be required either directly or indirectly to pay for private insurance offered by their employer. Most importantly, the mandate will be unaffordable 

for many tribal employers and require them to use limited resources towards either 

insurance premiums or shared responsibility payments which could be used for 

other services and programs. 

Native Veterans 

American Indians and Alaska Natives have proudly served in the United States 

military since the Revolutionary War. From earlier struggles such as the SpanishAmerican War to the present-day conflicts in Iraq and Afghanistan, Native people 

continue to serve at higher percentages than any other ethnic group. It is estimated 

that over 150,000 veterans identify as American Indian and Alaska Native, with 

over 24,000 active duty Native service members currently serving in the Armed 

Forces. With their warrior tradition and the sacrifices that have been made, it is 

vital to create sound policies and programs to promote the overall wellbeing of our 

Native veterans. NCAI seeks fair and dignified treatment of all veterans while advocating for federal support and funding for Native veteran programs and services 

that are greatly needed and deserved. 

Native veteran issues are similar to non-veteran tribal community members, adequate health care to address increases in the incidence of diabetes, various types 

of cancer, neurological and autoimmune disorders; unemployment; domestic violence; substance abuse; criminal activity; and suicide. Native veterans are the single 

most underserved group of veterans of the American Armed Forces. Geographical 

distances present challenges for many veterans to access resources and programs 

not only for compensation and pensions, but for economic and educational benefits 

through the Department of Veterans Affairs (VA), the Department of Labor, the 

Small Business Administration, and other federal agencies and entities. This is particularly true of those who live on reservations and in tribal communities where 

there are considerable distances between clinics and medical centers operated by the 

Department of Veterans Affairs Health Administration. 

Tribal Veterans Service Officers in Indian Country—Parity with State and County 

Veterans Service Officers. Tribal veterans should have equal access to representation 

and the benefit of services from the Department of Veterans Affairs (VA). One great 

first step to better ensuring this happens for our veterans is to provide the establishment of Tribal Veteran Service Officers (TSVOs) who are designated by local 

tribal leadership. These officers would function on the same basis as state and country veterans service officers pursuant to 38 C.F. R. Sect. 14.628. The current use 

of Tribal Veterans Representatives (TVRs) is insufficient as their purpose is to purely disseminate information to veterans, not to be their advocates. TVRs are trained 

by VA personnel often with no knowledge or awareness of the local Native culture 

and needs. TVSOs makes sense both as a matter of tribal sovereignty of providing 

their own representation and advocacy on behalf of tribal governments’ veterans before the VA. Further, TVSOs will ensure greater cultural competency in the pursuit 

of claims arising from psychic trauma and other mental/behavioral issues affecting 

veterans—they will provide for cultural competent mental health evaluations and 

facilitate the use of traditional healing practices in that process. TVSOs would meet 

the same employment/appointment, training, and certification standards that apply 

to State and County Veterans Service Officers. 

Indian Health Service/Veterans Administration—Memorandum of Understanding. 

It is appalling that Native veterans have become victims of bureaucratic technicalities in the health care delivery system. In 2010 the Indian Healthcare Improvement 

Act was permanently reauthorized as Title X under the Patient Protection and Affordable Care Act. Included in Title X was a provision mandating the Department 

of Veterans Affairs (VA) to reimburse tribes, the IHS, and tribal organizations for 

services provided to veterans. A memorandum of understanding has since been established between the VA and the Indian Health Services to aid this provision. 

However, the Veterans Administration is only reimbursing tribes that (1) agree to 

enter into a model agreement the VA has developed, and (2) the VA does not allow 

for reimbursement of purchased/referred care provide through tribal health programs to veterans, limiting reimbursement to only direct service care. The Veterans 

Administration’s implementation of this provision of Title X must be done in a manner that is streamlined and focuses on providing timely and quality health care. We 

are asking Congress to conduct oversight hearings on this matter to ensure the most 

effective delivery of health services to which Native veterans are entitled. 

Improper State Taxation of Reservation-Domiciled Service Members. Federal law 

prohibits states from taxing the pay of military service members who are not a 

domiciliary of that state. However, for years now the U.S. Department of Treasury 

26 

has improperly withheld military pay for states from American Indian service members domiciled on reservations. The enlistment process must be changed with notification given to Native veterans who are residing in Indian Country in order to prevent this wrongful taxation. We call upon Congress to address this matter by providing Congressional oversight and ask the Chairman to address this matter and 

contact officials from all relevant departments and agencies including but not limited to: the Department of Defense, the Department of Veterans Affairs, the Department of Treasury, and the Department of Justice. We must make sure that our 

service members are receiving their full compensation for their honorable service to 

our nation. 

Conclusion 

NCAI appreciates the opportunity to present Indian Country’s priorities for the 

114th Congress to the Committee. We look forward to working with the Indian Affairs Committee and its members during this Congress to advance the interests of 

tribal governments in accordance with the federal trust responsibility. 

The trust relationship in the 21st Century must maintain the nation-to-nation 

treaty obligations, such as the provision of education, public safety, health care and 

more, while promoting tribal capacity and governance. That relationship has evolved 

over time to recognize the self-governance potential of Native peoples and governments, but also needs to be modernized to reflect the needs of Native people today. 

The Congress, and this Committee, in meeting its treaty and trust obligations, plays 

a key role in Indian country. If Congress shrinks away from its commitments it 

leads to grave impacts to the harmony of tribal communities. But when, this Committee, and the Congress as a whole honors its commitments based in the trust responsibility while promoting tribal self-determination, Native people and leaders 

can solve long-standing social and economic dilemmas. 

The CHAIRMAN. Thank you so much for your testimony. 

Melvin Monette, who is the President of the National Indian 

Education Association. Welcome. 

STATEMENT OF MELVIN MONETTE, PRESIDENT, NATIONAL 

INDIAN EDUCATION ASSOCIATION 

Mr. MONETTE. Thank you, Chairman Barrasso, Vice Chairman 

Tester and members of the Committee. Thank you for inviting the 

National Indian Education Association here today to provide testimony on Indian Country priorities for the 114th Congress. I am 

Melvin Monette, President of the National Indian Education Association and a citizen of the Turtle Mountain Band of Chippewa Indians. 

Before I begin, I want to add that NIEA supports the requests 

of our partner organizations here today and requests that the 

chairman submit our written testimony and supplemental documents into the record. 

During the State of the Union address, the President rightfully 

celebrated the Nation’s all-time high graduation rates among high 

school students. Unfortunately, the stressed graduation rates and 

academic successes are not representative of many communities. 

Native students continue to trail their peers in reading and mathematics. Our students face some of the lowest high school graduation rates in the Country. Among many causes, these trends can 

be traced to disproportionately high incarceration and criminal recidivism in Native communities. 

Native education is one of the most effective and efficient investments the Federal Government can make. Data illustrates an initial investment in education creates future successes, which decreases incarcerations, instances of traumatic violence and repeat 

criminal offenses later in life. To provide the needed investments, 

NIEA provides the following recommendations. 

27 

Congress should work with tribes to increase self-determination 

within the Elementary and Secondary Education Act, or ESEA. 

Provide critical Bureau of Indian Education reform oversights, and 

support holistic Native youth programs such as juvenile justice resources. 

I will briefly discuss each, beginning with the ESEA authorization. Tribes and Native communities have long awaited the opportunity to partner with Congress to take bold actions on improving 

education systems serving Native communities. As the ESEA reauthorization gains momentum, we look forward to working with this 

body and others to ensure any ESEA reauthorization language specifically gives tribes eligibility to directly administer educational resources. Tribes have shown great success in delivering health care 

and other local services but now is the time to allow tribes the ability to provide similar solutions to the education dilemma in our 

communities. 

The Federal Government should work directly with tribes to develop their capacity to administer ESEA title programs, including 

critical language immersion and culture courses, in schools that are 

serving Native students and are located on tribal lands. Tribes understand their children best and can more efficiently and effectively 

address their students’ unique cultural and educational needs. 

Regarding BIE reform, NIEA was optimistic when we learned of 

the renewed effort to reform the BIE school system. We appreciate 

the continued outreach BIE has provided in coordination with 

NIEA, but we respectfully agree with tribes who continue to request detailed written information on what reform means for our 

local communities. 

The current plan for BIE reform, while well-intentioned, was not 

a direct result of extensive tribal consultation. So, after a year of 

implementation, we must ensure proper oversights and accountability measures are in place to monitor the Bureau’s reorganization. 

We request that this Committee form a Congressional investigation into the BIE restructuring to ascertain if the secretarial order 

creates any statutory conflict as well as document DOI proposed 

offsets intended to pay for the restructuring. We also request an 

immediate convening of a tribal leaders oversight committee, which 

would report to Congress on the current status of the reform and 

guarantee tribal concerns are heard and addressed. 

Regarding juvenile delinquency in Native communities, Native 

youth comprise only 1 percent of the Nation’s youth. Yet they account for 3 percent of offenders. For some offenses, Native youth 

are arrested twice and three times as often. That is why it is critical that the Federal Government work with tribes to decrease the 

rates of violence and juvenile delinquency and address continued 

instances of recidivism. 

Our populations are among America’s most vulnerable, yet our 

programs are often hit hardest during Federal funding negotiations. We hope to work with you to reinstate $620,000 for juvenile 

detention education and BIA funding at facilities, as well as provide critical educational services to detained and incarcerated 

youth. We then need you to work with local partners and tribes 

28 

1 U.S. Department of Education, Institute of Education Sciences, National Center for Education Statistics, National Assessment of Educational Progress (NAEP), 2005, 2007, and 2009 

National Indian Education Studies. 2 U.S. Census Bureau, American Community Survey 2005–2009 estimates. 

across the Country to develop sound plans for addressing local concerns. 

As tribes increase their governance and education, they need 

support to assist in accelerating local relationship building and holistic juvenile services throughout their school systems. By 

strengthening tribal sovereignty and education, we will make the 

tribe the central nexus for connecting parents and families to critical programmatic supports, while also ensuring the use of a culturally responsive methodology. 

The opportunity for educators, families and tribal leaders to 

change a child’s life is extensive. But their combined work must be 

supported here in Washington and grounded in tribal self-determination and the preservation of the Federal trust responsibility. 

NIEA appreciates your continued support to do just that, and I 

look forward to answering any questions you may have. Thank you. 

[The prepared statement of Mr. Monette follows:] 

PREPARED STATEMENT OF MELVIN MONETTE, PRESIDENT, NATIONAL INDIAN

EDUCATION ASSOCIATION

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

thank you for inviting the National Indian Education Association (NIEA) to testify 

today. I am Melvin Monette, President of NIEA and a citizen of the Turtle Mountain 

Band of Chippewa Indians. On behalf of NIEA, I am grateful for this opportunity 

to provide testimony for the record on ‘‘Indian Country Priorities for the 114th Congress.’’ I would also like to thank the Committee for hearing the collective call of 

tribes and Native communities regarding the need to highlight the priorities and 

needs of our communities. The commitment of this Committee is critical as we work 

together to ensure equitable educational opportunities are provided to Native students. 

NIEA, founded in 1969, is the most inclusive Native organization in the countryrepresenting Native students, educators, families, communities, and tribes. NIEA’s 

mission is to advance comprehensive educational opportunities for all American Indians, Alaska Natives, and Native Hawaiians throughout the United States. From 

communities in Hawaii, to tribal reservations across the continental U.S., to villages 

in Alaska and urban communities in major cities, NIEA has the most reach of any 

Native education organization in the country. 

The State of Native Education 

Put simply, Native students are leaving high school unprepared for college and 

careers. Among numerous issues, these trends are often due to disproportionately 

high incarceration and criminal recidivism rates. In 2011, greater percentages of 

Native students and youth—nearly three to one—were incarcerated when compared 

to their non-Native peers. Consequently, in the last decade only 52 percent of Native 

students enrolled in higher education programs immediately after high school graduation with fewer than 40 percent of those students graduating with a bachelor’s 

degree in six years. 1 In contrast, nearly 62 percent of White students graduated 

within six years. 

For Native students to succeed in school and become our next generation of leaders, Native communities need the Federal Government to provide resources and 

support systems to guarantee tribally-led initiatives create safe environments and 

opportunities that decrease juvenile delinquency among Native youth. 2 Education 

is critical to breaking the cycle of violence and criminal activity many Native students currently face. Unfortunately, historical funding trends illustrate that the 

Federal Government is abandoning its’ trust responsibility by decreasing federal 

funds to Native-serving programs by more than half in the last 30 years. Although 

tribes work to divert precious funds to cover shortfalls, there are simply insufficient 

resources for decreasing crime and increasing student achievement. Until reinvestVerDate Mar 15 2010 10:35 Jun 06, 2016 Jkt 020323 PO 00000 Frm 00032 Fmt 6633 Sfmt 6621 S:\DOCS\20323.TXT JACK
29 

ment takes place, reoccurrences of crime, violence, and low student achievement will 

remain commonplace. 

The Federal Trust Responsibility 

Since its inception, NIEA’s work has centered on reversing the negative statistics 

characterizing Native students. Established through treaties, federal law, and U.S. 

Supreme Court decisions, the federal-tribal trust relationship includes a fiduciary 

obligation to provide parity in access and equal resources to all American Indian 

and Alaska Native students, regardless of where they attend school. Under the Federal Government’s trust corpus in the field of Native education, it is important to 

state that the obligation is a shared trust among the Administration and Congress 

for federally-recognized tribes. 

Native education is one of the most effective and efficient investments the Federal 

Government can make because data suggests that initial investments in education 

create future success, which results in fewer incarcerations, instances of traumatic 

violence, and repeat criminal offenses later in life. Likewise, reinvesting in the services and programs tribes and Native communities utilize to combat juvenile delinquency and criminal recidivism will support the education systems necessary for 

creating student preparation for college and careers. 

As such, NIEA applauds this Committee’s commitment toward upholding the 

trust relationship and our communities and tribes. NIEA priorities for the Committee broadly fall under three categories: Elementary and Secondary Education Act 

(ESEA), Bureau of Indian Education (BIE) reform oversight, increasing holistic Native youth support systems such as juvenile justice resources, as well as general priority provisions. Implementing the following recommendations would ensure the 

Federal Government upholds this trust relationship by reinvesting critical resources 

that decrease violence and improve the education systems serving Native students. 

I. ESEA Reauthorization Recommendations 

The ESEA reauthorization is a key opportunity for the Federal Government to uphold its’ trust responsibility and fairly provide Native students education services 

based on principles of accountability, equity, and excellence. The ESEA is in pressing need of updating and we request that the United States honor its’ commitment 

to tribes and Native education by strengthening tribal self-determination and fairly 

providing Native students comprehensive educational opportunities by incorporating 

NIEA’s ESEA priorities within any reauthorization. 

During the State of the Union Address, President Obama rightfully celebrated the 

nation’s all-time high graduation rates among high school students. Unfortunately, 

the stressed graduation rates and academic successes are not representative of 

many Native communities. NCLB has done little to address the longstanding challenges affecting Native students. Over the past decade, Native students continue to 

trail their peers in reading and mathematics (grades four and eight). Nationwide, 

our students face some of the lowest high school graduation rates with even fewer 

students graduating from college. Native education is in a state of emergency and 

tribes have long awaited the opportunity to partner with Congress to take bold action that will significantly improve the education systems serving Native communities. 

Tribes and Native communities have an enormous stake in their children’s education. While the ESEA reauthorization must provide effective accountability to protect the civil rights of all Americans, the ESEA reauthorization must also be a commitment to the sovereignty of this country’s First Americans. As such, the ESEA 

draft should be revised to support tribal nations as they develop their ability to deliver education services as well as coordinate with local and state educational agencies. Only by including the following priorities will an ESEA reauthorization ensure 

effective and efficient use of funds and delivery of resources to Native communities 

as well as increase Native student achievement. 

Priorities Implementation 

• Strengthen Native Participation in Education: Tribes should have the authority 

to build their capacity to administer education title programs. Native leaders 

understand their children best and can better address their students’ unique 

cultural and academic needs. 

• Encourage Tribal/State Partnerships: While the Federal Government has a 

trust responsibility to work with tribes, tribal concerns are often excluded at the 

state and local level. The ESEA reauthorization should require local and state 

educational agencies to closely work and meaningfully consult with tribes when 

developing applications and plans for ESEA title programs. 

30 

3 Attorney General’s Advisory Committee within the Department of Justice. 2014 Report on 

American Indian/Alaska Native Children Exposed to Violence. November 2014. 

• Preserve and Revitalize Native Languages: The continued existence of Native 

languages is crucial to protecting and strengthening Native culture and tribal 

communities as well as increasing the academic achievement of Native students. Any ESEA reauthorization should provide resources for eligible schools 

to participate in a program to develop and maintain Native language immersion 

education models. 

• Increase Access to Native Student Records: Native students often transfer between federal, state, and tribal school districts, which creates information gaps 

as systems are not required to track and coordinate student data. The ESEA 

reauthorization should provide the ability for schools and state and local educational agencies to share Native student data with their local tribes. Providing 

such information will create longitudinal student statistics that will help 

schools and Native partners alleviate issues that decrease Native student 

achievement. 

II. BIE Reform: Oversight and Accountability to Strengthen Tribal Self-Determination 

While Native education stakeholders and tribes have numerous priorities geared 

toward improving their education systems, NIEA would be remiss if testimony excluded the important influence of BIE reform and its’ reorganization. Since the late 

20th Century, the Federal Government has worked to strengthen tribal capacity to 

directly serve their own citizens. In this spirit, Congress must ensure federal programs support local reforms necessary to increase self-determination. 

Congress should work with the Administration to ensure proper oversights and 

accountability measures are in place for the BIE reform process. As the reorganization enters its second year, more information must be disseminated to tribes on the 

status of the reform. NIEA appreciates the BIE webinars and outreach held in coordination with our organization. However, tribes continue to request written information for what reform means for their local communities as well as guidance for 

the overall authority claimed by the BIE to make such reforms without congressional action. 

The current proposal for BIE reform, while well intentioned, was not a direct result of tribal consultation, so we must ensure proper oversights and accountability 

measures are in place to monitor the Bureau’s reorganization and its’ federal programs utilized by tribes. The Committee should form a congressional investigation 

into the BIE restructuring and Blueprint for Reform to ascertain if the Secretarial 

Order creates a statutory conflict and to document Department of the Interior proposed offsets to pay for the restructuring. To carry out such measures, the Committee should also convene oversight hearings with appropriate congressional committees to ensure oversights and accountability measures are in place for the reform 

process and that accurate information is provided to tribes and their education systems. 

Priorities Implementation 

• Congress should ensure federal programs support local reforms necessary to increase self-determination. 

• Congress should work with the Administration to ensure proper oversights and 

accountability measures are in place for the BIE reform process as well as call 

on the Secretary of the Interior to disseminate detailed guidance to tribal communities for the local reform implementation process and what BIE reorganization means for local Native communities and Native students, families, and educators. 

• The Committee should immediately call for and convene a tribal leaders’ oversight committee to report to Congress on the current status of the reform in 

order to provide needed oversight and accountability. 

III. Decrease Juvenile Delinquency in Native Communities 

1.) Meaningful Cooperation: U.S. Department of Health and Human Services 

(HHS) statistics reveal that American Indian children face higher rates of child 

abuse and neglect, juvenile delinquency, suicide, substance abuse, and lower rates 

of academic achievement. 3 For example, the Youth Risk Behavior Survey illustrates 

that 16 percent of students at BIE schools in 2001 reported having attempted suicide, which is the second largest cause of death among Native youth—twice as many 

as the national average. As Native children face higher rates of violence at home, 

31 

such unsafe environments often translate into issues in the classroom resulting in 

lower achievement rates. 

NIEA was excited by the creation of the Attorney General’s Advisory Committee 

within the Department of Justice (DOJ) as well as the work of the DOJ Task Force 

to hold open meetings and develop a 2014 Report on American Indian/Alaska Native 

Children Exposed to Violence. However, we were disappointed by the absence of 

classroom teachers and school administrators among Task Force experts, as they are 

on the front lines of school violence and understand Native students’ needs. Educators are often the first to witness and handle occurrences of violence and this gap 

in expertise is discouraging. It is critical that the role of education is not underestimated in its ability to combat the many issues causing community violence and juvenile delinquency both in-school and after school. 

Much work lies ahead. NIEA requests that Congress work with the Administration to take concrete steps to support the reforms required for increasing the capacity of tribes to govern education systems and address issues facing Native students. 

To achieve this, the federal agencies should help tribes increase their ability to administer education services in Native-serving schools and increase federal partnership opportunities with tribes and local leaders to support the tribal role to create 

community awareness that bolsters tribal collaboration and familial engagement 

that prevents violence and delinquency. 

Priorities Implementation 

• Engage Native education stakeholders, tribes, and local juvenile delinquency 

partners to create best practices and locally-led support services geared toward 

providing Native students’ safe learning and after-school environments conducive for student success. 

2.) Agency Cooperation: Because the BIE is located in many Native communities 

beset by violence and juvenile delinquency, cross-departmental support is crucial as 

tribes increase their capacity to administer education, mental health, and violence 

prevention services that keep students in school, deter criminal activity, and decrease violence. Although the BIE only serves seven percent of Native students, the 

BIE is uniquely situated to become a fundamental component to fighting community 

violence. BIE schools are centrally located in many Native communities, which provide the BIE the opportunity to become a catalyst for working as a capacity builder 

and creating community awareness. 

DOJ should join the BIE and other agencies in providing resources to tribes for 

accelerating local reforms and aligning violence-reduction services with tribal education priorities based on local needs. Federal agencies must work locally in order 

to catalyze reform efforts and create high-performing schools, federal agencies would 

also provide on-going technical assistance to help tribes become the education leaders in their communities. These efforts would include coordinating a local network 

of services—whether they are led by the Department of the Interior (DOI) or DOJ— 

to provide complimentary supports to increase academic achievement while also addressing issues, such as substance abuse or other violence or psychologically-related 

issues. 

Priorities Implementation 

• Federal agencies, such as the Department of Justice, should ensure local crossdepartmental support assists tribes as they increasingly administer education, 

mental health, and violence prevention services that keep students in school, 

deter criminal activity, and decrease violence. 

• Ensure the BIE becomes an entity that works directly and meaningfully with 

tribes to provide Native-serving schools culturally sensitive juvenile programs. 

3.) Decrease Recidivism Rates Among Native Children through Policy and Appropriations Reform: The Federal Government should work with tribes to decrease the 

rates of violence and juvenile delinquency among Native children as well as instances of recidivism. Native students and young adults should be eligible to receive 

critical funding for education programs, even if they have been incarcerated. These 

populations are among America’s most vulnerable and should have the resources 

necessary to provide them opportunity to overcome past transgressions and achieve 

an education to become a strong citizen. Unfortunately, under the No Child Left Behind Act of 2001 (NCLB)—the current iteration of the ESEA—entities operating as 

detention facilities under Justice and Delinquency Prevention programs are ineligible for ESEA Title funds because such facilities are not interpreted as eligible 

local education agencies. 

ESEA statute prohibits such institutions from providing critical education resources to Native students. As such, NIEA recommends that Congress works to reVerDate Mar 15 2010 10:35 Jun 06, 2016 Jkt 020323 PO 00000 Frm 00035 Fmt 6633 Sfmt 6621 S:\DOCS\20323.TXT JACK
32 

4 Justice Policy Institute, Calculating the Full Price Tag for Youth Incarceration. December 

2014 

form current law to provide all Native students education resources that set them 

on the path to success no matter where they are located. While Native youth comprise of only 1.1 percent of the national youth population, they account for 3 percent 

of offenders. 4 For some offenses, Native youth are arrested twice or three times as 

often. Therefore, providing education resources makes sense as more federal resources are often expended on recidivism and repeat offenders than would be otherwise provided for initial educational resources and tools to those serving in detention facilities. Creating opportunities and a means for self-betterment makes more 

sense than supporting Native children repeatedly returning to a life of crime and 

violence. 

Priorities Implementation 

• Reform the ESEA to ensure entities operating as detention facilities under Justice and Delinquency Prevention programs are eligible for ESEA Title funds as 

local education agencies. 

• Reinstate $620,000 for juvenile detention education in BIA-funded facilities and 

increase the funding line to provide critical educational services to detained and 

incarcerated youth at 24 BIA-funded juvenile detention facilities. 

4.) Disseminate Best Practices: While the ability to analyze and discuss issues facing Native youth in hearings, such as these is critical for developing plans to address violence and delinquency, action must be taken locally in our communities to 

gather input from and provide supports for those personally connecting with our 

children. Educators, tribal education and child welfare service directors, as well as 

parents and family members, must be engaged to increase collaboration, so they 

may detail local initiatives that meet their community’s needs. Services from DOJ, 

such as technical assistance on juvenile delinquency and substance abuse, should 

be present to ensure complimentary support as tribes develop community-driven engagement models, such as town halls and professional development sessions, which 

create action in Native-serving schools for minimizing violence. 

As tribes increase their governance in education, they can assist by accelerating 

relationship building by making the school the central nexus for engaging parents 

in a culturally-responsive methodology that creates community buy-in. Tribes must 

be engaged with their local educators and schools in order for Native-serving institutions to understand how to work with parents and build community relationships. 

DOJ and the BIE can support these efforts by setting up models for tribal collaboration among the schools and justice programs. NIEA has created similar community 

pilot programs that increased the ability of tribes to engage local teachers in curriculum development. 

In the Jemez Pueblo located in New Mexico, tribal leaders hold monthly collaborative meetings with public, charter, and BIE school administrators and teachers in 

order to ensure they are meeting local needs by coordinating calendars, placing elders in the classroom to help with cultural learning, and implementing communitywide professional development training. Such trainings ensure the exchange of best 

practices as well as create support systems for addressing the needs of their Native 

children. This collaborative model can and should be used across a variety of Native 

communities in order to disseminate best practices among peers in battling crime 

and violence. Regardless of whether it is curriculum development or reducing violence in the community, local cooperation is critical for creating the family and tribal engagement needed to reduce local violence. 

The opportunity for educators, families, and tribal leaders to change a child’s life 

is extensive, but their support must be continually present. By tribes developing 

their capacity to increasingly work with their schools and families in order to provide services and collaborative engagement, families will stay informed and feel appropriately comfortable participating in their child’s life. When a parent understands and trusts the system teaching or helping their child with an issue, the parent will support those institutions. The Federal Government should not work in a 

vacuum but cooperate with local schools and tribes to develop the trust necessary 

to effectively combat community violence. It must be a coordinated effort centered 

on the tribe and its community ties. 

Priorities Implementation 

• Support federal engagement of local educators, tribal education and child welfare service directors, as well as parents and family members to increase colVerDate Mar 15 2010 10:35 Jun 06, 2016 Jkt 020323 PO 00000 Frm 00036 Fmt 6633 Sfmt 6621 S:\DOCS\20323.TXT JACK
33 

laboration for detailing local initiatives necessary for meeting community’s 

needs. 

• Reinforce successful tribal and state initiatives that are driving innovation for 

tribal-state collaboration, such as Jemez Pueblo collaborative meetings and New 

Mexico’s tribal notification law that ensures that when youth from Native communities are arrested, the tribe is notified to ensure local culturally-respectful 

treatment and supports are provided. 

IV. General Priorities 

1.) Additional ESEA Recommendation: In addition to the priorities included 

above, NIEA also requests that the complete recommendations and draft language 

for reforming the Elementary and Secondary Education Act are included into the 

record. 

2.) Budget Recommendation: NIEA also requests that our annual budget document funding requests are also entered into the record. Funding for many Nativeserving programs is consistently underfunded. Only by appropriating the requested 

levels would the Federal Government begin to address the years of underfunding 

and uphold the federal trust responsibility. 

3.) Carcieri Recommendation: It has now been six years since the devastating Supreme Court decision in Carcieri v. Salazar, which held that only tribes ‘‘under federal jurisdiction’’ in 1934 are eligible for the Indian Reorganization Act’s land into 

trust provisions. This ruling jeopardizes the ability for all federally recognized tribes 

to rebuild their communities and provide critical programs, as tribal land bases are 

the very foundation of tribal sovereignty and economies. The legal ambiguities resulting from Carcieri have further delayed the already severely backlogged landinto-trust process, and have resulted in other harmful case law challenging and destabilizing land that has been held in trust for decades. As such, we continue to 

seek legislative relief that would return tribes to a status quo of 75 years of prior 

practice—restoring the Secretary of the Interior’s authority to take land into trust 

and reaffirming existing trust lands. NIEA, in coordination with our tribal partners, 

urges this Committee to end the chaos that has resulted from this erroneous decision and pass a clean Carcieri fix. 

Conclusion 

NIEA appreciates the continued support of this Committee and we look forward 

to working closely with its members. We share your commitment to Native education. Strengthening our partnership will ensure all Native-serving schools are as 

effective as possible and that tribes have more access to administer education services. We must make sure federal programs provide tribes and Native-serving schools 

the tools necessary to improve and assist Native communities in providing services 

to our citizens as well as decrease instances of juvenile delinquency and violence. 

This effort cannot be a top-down approach, but a measure created through grassroots support at the tribal level but supported through federal programs and funding. 

To achieve success, there must be collaboration among all entities that touch a 

Native child’s life and at all levels—tribal, federal, state, and local. Only by working 

with all stakeholders in all education systems will we increase our students’ preparedness for success and decrease the issues that lead to high dropout rates and 

increased juvenile delinquency in Native communities. Once again, thank you for 

this opportunity. 

Attachments to this prepared statement have been retained in the Committee 

files see: 

http://origin.library.constantcontact.com/download/get/file/1103596296665- 

410/NIEA+Budget+Document.pdf 

http://files.ncai.org/broadcasts/2013/May/ 

Summary%20of%20Native%20Education%20Recs,%20May%202013.pdf 

The CHAIRMAN. Thank you very much for your thoughtful testimony. 

Mr. Gary Davis is here as President and CEO of the National 

Center for American Indian Enterprise Development, in Mesa, Arizona. Thank you and we look forward to hearing from you. 

34 

STATEMENT OF GARY DAVIS, PRESISDENT/CEO, NATIONAL 

CENTER FOR AMERICAN INDIAN ENTERPRISE DEVELOPMENT 

Mr. DAVIS. Good afternoon, Chairman Barrasso, Ranking Member Tester and Members of the Committee. I am Gary Davis, a 

proud member of the Cherokee Nation of Oklahoma and President 

and CEO of the National Center for American Indian Enterprise 

Development. Thank you for inviting the National Center’s views 

on Indian Country’s priorities for this Congress, focusing on economic and business development, especially recommendations that 

this Committee can advance. 

The National Center, now in its fifth decade, is the Nation’s leading and longest-serving national organization dedicated to developing American Indian self-sufficiency through business ownership. 

We have expanded our services to range from business and supply 

chain management to procurement and technical assistance for 

thousands of businesses nationwide that are owned by Indian 

tribes or American Indians, Alaska Natives or Native Hawaiians. 

We encourage investment in Indian Country by assisting and promoting these Native business interests in the commercial and government marketplaces, both domestic and international. 

We also produce national and regional reservation economic summits and trade shows, known as RES, that attract thousands of 

business and tribal leaders of indigenous groups in America, Canada and other countries and Native entrepreneurs. At our upcoming National RES, March 9 through 12, we will launch our new Native Edge Business Development and Training web portal, utilizing 

technology and the internet to provide tremendous opportunities, 

receive business assistance, conduct business and trade, advertise 

and find procurement offerings and job openings, improve job skills 

and advance education and business. 

We will provide far more services online than we have been able 

to offer over the phone or in our offices to countless more Native 

businesses and entrepreneurs, tribes and tribal enterprises, whenever it essential or convenient for those users to go online. 

At last year’s RES DC, we streamed this Committee’s hearing on 

economic development into the conference for our participants to 

see and hear. In my testimony for that hearing and at the Committee-sponsored listening session on economic development at our 

RES Wisconsin conference on October 9th, I outlined proposals the 

National Center has long advanced for economic and business development in Indian Country. 

Therefore today, I will limit my remarks to these categories of actions that the Committee should take to address key economic and 

business development priorities. Category one, committee oversight 

actions. Whether at the oversight hearings or letters requesting 

repots, the Committee should ask for essential data that might not 

ever come to light or even be developed or collected in the first 

place on these subjects. First, Buy Indian Act implementation and 

enforcement. Interior finally issued implementing regulations and 

has pledged to increase Buy Indian procurement awards by 10 percent, so we are starting to see some results. From our own RES 

oversight workshops on Buy Indian contract progress, we know 

BIA is doing good work. Less is known about IHS’ use of this important contracting authority. It is reportedly sparing, at best. 

35 

We urge this Committee to hold an oversight hearing to hear 

specifics from Interior, BIA and IHS, including their contracting officers, on historical and current use of Buy Indian Act procedures 

and on increases in the number and value of procurement awards 

to Indian-owned economic enterprises. 

A second area for oversight is the status of Native American Affairs offices at Commerce and SBA. This Committee should hold an 

oversight hearing on Commerce’s efforts to fulfill duties prescribed 

by two Acts passed in 2000 as well as other authorities, to galvanize economic and business development in Indian Country. Commerce also should explain how and when it plans to expand the office dedicated to Native American business development authorized 

in 2000 within its own budget. 

Category two, Committee recommendations on Indian program 

funding. These are not requests for handouts. They are requests for 

programs that use minimal Federal funds for maximum economic 

development impacts in Indian Country. 

We urge the Committee to raise the following key programs in 

hearings and letters on the fiscal year 2016 budget request. Fifteen 

million dollars for the Indian Loan Guaranty Program, which 

leverages minimal Federal funds for a credit subsidy to facilitate 

substantial conventional lending for Indian economic and business 

development. In 2006, this Committee spearheaded a huge increase 

in the aggregate limit on Indian guaranteed loans from $500 million to $1.5 billion. However, Congress has funded this program’s 

credit subsidy at less than $7 million, limiting total guaranteed 

loans to less than $100 million. A $15 million credit subsidy could 

afford guarantees for about $240 million in total loans. Number two, provide $15 million for Native CDFIs and report 

language on new market tax credit allocations for Indian Country. 

Since none of the last two rounds of NMTC allocations went to the 

community development entities, or CDEs that primarily or exclusively serve Indian Country, we urge the Committee to signal a desire to see a greater percentage of NMTCs allocated to CDEs that 

do focus on community housing, economic and business development in Indian Country. 

Three, provide line item funding for the Office of Native American Affairs within Commerce’s departmental management budget 

and SBA’s budget. 

Category three, legislation to achieve parity. The National Center applauds this Committee’s search for proposals, vetted or new, 

to enhance Indian economic and business development. We recommend focus on high priority, parity-forging legislation that has 

gained consensus support in Indian Country to one, restore parity 

in trust land acquisition by passing legislation like last year’s S. 

2188, so that all federally-recognized Indian tribes can protect and 

enhance their tribal lands to attract investment, create jobs, and 

build self-sustaining tribal economies. The Committee might also 

consider proposals to make it easier to develop Indian lands to support economic development and generate self-sustaining income. 

Two, reach parity and incentives for energy investment and other 

economic development on Indian lands, Congress should act on vetted legislation, Chairman, like your bill, to remove regulatory barriers to Indian energy and infrastructure development on Indian 

36 

lands and provide tribes more funding mechanisms to develop their 

energy resources. 

Thank you again for inviting the National Center’s testimony 

today. 

[The prepared statement of Mr. Davis follows:] 

PREPARED STATEMENT OF GARY DAVIS, PRESISDENT/CEO, NATIONAL CENTER FOR

AMERICAN INDIAN ENTERPRISE DEVELOPMENT

Good afternoon, Chairman Barrasso, Ranking Member Tester and members of the 

Committee. I am Gary Davis, President and CEO of the National Center for American Indian Enterprise Development, and I thank you for inviting the National Center’s views on Indian Country priorities for the 114th Congress, focusing on economic and business development recommendations and specifically some that this 

Committee can take the lead in advancing. 

The National Center, now in its 5th decade, is the Nation’s leading and longest 

serving national organization founded to dedicate its efforts solely to developing 

American Indian self-sufficiency through business ownership. While maintaining 

that dedication, the National Center has expanded its services to range from business and supply management to procurement technical assistance for hundreds of 

Indian tribes and thousands of businesses nationwide, whether owned by Indian 

tribes or American Indians, Alaska Natives or Native Hawaiians. We encourage investment in Indian Country by assisting and promoting these Native business interests in commercial and government marketplaces, both domestic and international. 

We also produce national and regional Reservation Economic Summits (RES) and 

Trade Shows that attract thousands of leaders of tribal governments and their enterprises, businesses owned by indigenous groups in American and those from Canada and other countries, as well as Native entrepreneurs. All these folks attend our 

RES events because we feature training sessions, business matchmaking and extensive networking opportunities, as you can see from the agenda posted online for our 

National RES on March 9–12, 2015: www.res.ncaied.org/national-res-las-vegas-agenda/. 

We have extended RES to regional conferences, last October in Wisconsin and last 

June in DC. In fact, this Committee’s June 25, 2014 hearing on ‘‘Economic Development: Encouraging Investment in Indian Country,’’ was streamed into the National 

Center’s RES DC conference for hundreds of our participants to see and hear that 

important proceeding. 

At our National RES this March, we will launch new web-based business development assistance through our National Center Edge portal, proactively utilizing technology and the Internet to provide economic opportunities, trainings, business development services, and much more, to tribes and Native businesses nationwide. 

The National Center Recommendations on Economic and Business 

Development Priorities 

My testimony at the Committee’s June 25, 2014 hearing, and at the Committeesponsored ‘‘Listening Session on Economic Development’’ at RES Wisconsin on October 9, 2014, detailed proposals that the National Center has long advanced for economic and business development in Indian Country. Therefore, I will limit my remarks to three categories of actions this Committee should take during the 114th 

Congress to address key economic and business development priorities: (1) Oversight Actions; (2) Committee Recommendations on the FY 2016 Budget for Indian 

Country; and (3) Legislation, primarily on parity treatment for tribal governments. 

I. Committee Oversight Actions 

The National Center applauds the Committee for jumpstarting its work in the 

114th Congress with this hearing. Oversight can be such a powerful tool to inquire, 

probe and persuade to achieve desired results—without having to draft, negotiate 

and pass legislation. Whether through hearings or letters requesting reports, the 

Committee can elicit essential data that might not ever come to light, or even be 

developed or collected in the first place. 

Subjects for helpful Oversight Hearings, or letters to federal departments and 

agencies, include: 

A. Buy Indian Act Implementation and Enforcement 

After 100 years of quasi-dormancy at the Department of the Interior, this Act’s 

authority finally came to life with promulgation of final rules in 2013 to implement 

this critically important catalyst for economic, business and workforce development 

37 

in Indian Country. In 2014, Interior pledged to improve implementation and increase by 10 percent Buy Indian procurement awards and purchases from Indian 

economic enterprises. The National Center hosted workshops at our RES DC and 

Wisconsin conferences in 2014 to receive progress reports, and we will do so again 

at our upcoming National RES on March 11, 2015. Through our own ‘‘oversight’’ efforts, we have found the Bureau of Indian Affairs (BIA) to be working hard and deserving kudos for their efforts. As for the Indian Health Service (IHS), while its implementing procedures were promulgated many years earlier, they seem to be applied sparingly, at best. No IHS representative has attended our RES workshops to 

report on Buy Indian contracting. We urge this Committee to hold an oversight 

hearing and invite witnesses from Interior, BIA and IHS, including contracting officers, to report on historical and current use of Buy Indian Act procedures and on 

increases, if any, in the number and value of procurement awards to tribal and 

other Indian-owned economic enterprises. The Committee also should seek testimony on how Congress can expand the Act’s application to other federal departments and agencies that expend funds for the benefit of Indians, so as to maximize 

that ‘‘benefit’’ through contracting, purchasing and hiring that spur economic and 

business development in Indian Country. 

The Committee’s hearings on the FY 2016 Interior/BIA and IHS budget request 

are other venues for asking the agencies for status reports on Buy Indian Act implementation. 

B. Elevation of Two Key Native American Affairs Offices 

The National Center and a dozen other national and regional organizations representing Indian Country interests have long urged the elevation and enhancement 

of the Office of Native American Affairs within the Department of Commerce and 

the Small Business Administration (SBA). This Committee should hold an oversight 

hearing on the respective efforts of Commerce and SBA to address Indian Country’s 

economic and business priorities. 

Several federal departments now operate a high level Office of Native American 

Affairs or Tribal Relations, with its own budget, to promote and support economic 

and business development in Indian Country. It is past time for such Offices at 

Commerce and SBA to be elevated and provided their own budgets. In 2000, Congress passed two laws to deploy Commerce’s robust economic, business, trade and 

tourism promotion programs to advance Indian Country’s interests: 

• The Indian Tribal Regulatory Reform and Business Development Act (Public 

Law 106–447), directing the Commerce Secretary to establish a Regulatory Reform and Business Development on Indian Lands Authority to identify and remove obstacles to investment, business development, and wealth creation in Native communities. 

• The Native American Business Development, Trade Promotion and Tourism Act 

(Public Law 106–464), codifying an existing office with a new name, the Office 

of Native American Business Development. The Act prescribes duties for the Office Director to fulfill, including to: (1) ensure intra- and inter-agency coordination of federal programs assisting business and economic development, and expansion of trade; (2) carry out a Native American export and trade promotion 

program; (3) conduct a Native American tourism program; and (4) report annually to the Senate Committee on Indian Affairs and House Committee on Natural Resources on the operation of the Office and any recommendations for legislation deemed necessary. 

Commerce Secretaries have ignored the first Act above, and only intermittently 

implemented the second Act, despite repeated requests by the National Center and 

many other Native American organizations for elevation and specific funding of the 

Office of Native American Business Development to address these Acts’ requirements. Last year, legislation (H.R. 4699) proposed to amend the second Act to require the Secretary to report to this Committee (and its House counterpart) on recommendations for promoting the sustained growth of the economies of Indian tribes 

and Indian lands. Instead, your Committee should hold a hearing or listening session to hear what the Commerce Department has done since 2000 to honor the intent of these two Acts and how and when it plans to expand and fund the Office 

of Native American Business Development to fulfill the duties prescribed by these 

Acts. 

As for the SBA, it deserves credit for establishing an Assistant Administrator for 

Native American Affairs and increasing funding for ‘‘Native American Outreach.’’ 

Several bills in past Congresses have proposed to elevate the position to Associate 

Administrator with grant-making authority. At a minimum, the Office should have 

38 

its own budget, with line item funding, in place of the current ‘‘Native American 

Outreach’’ line item. 

II. Committee Recommendations on Indian Program Funding 

In past years, this Committee has held hearings on the President’s Budget Requests and has submitted letters to the Senate Budget and Appropriations Committees making recommendations on funding levels for programs that advance Indian 

Country’s priorities. This Committee involvement on budget priorities has always 

been important to Indian Country and to the other Committees’ members and staff 

responsible for drafting budget resolutions, appropriations bills and other legislation. My June, 2014 testimony outlined a number of funding requests to address Indian Country’s economic and business priorities. Below are some key programs 

where minimal increases in federal funding would have maximum leveraging effect 

in expanding access to capital and generating more economic, business and community development in Indian Country. The National Center urges the Committee to 

raise the following key programs in relevant budget hearings and letters on the FY 

2016 budget requests: 

A. Department of the Interior 

1. Up to $25 Million for Interior’s Office of Indian Energy and Economic Development 

At this funding level, this Office (OIEED) could: (1) speed the HEARTH Act’s implementation; (2) assist tribes in developing environmental codes and other tribal 

ordinances for leasing tribal lands for energy and economic development projects; 

(3) provide grant funding for business plans or feasibility studies for tribal business 

and economic development projects; and (4) provide more technical assistance (including guidance on preparing business plans, repairing credit records, and completing loan applications) and expand the scope of the Indian Loan Guarantee Program (discussed below) to finance more business operations/expansions, provide 

standby letters of credit to attract needed surety bonding, and finance start up energy and economic development projects. 

2. $15 Million for the Indian Loan Guarantee Program 

Overseen by OIEED, the Indian Loan Guarantee Program and loan subsidy program have incredible potential to leverage a small federal investment to facilitate 

substantial conventional lending for businesses and economic development projects. 

BIA-certified lenders lend to Tribes and Indian businesses on reservations and submit to tribal court jurisdiction (whereas SBA-certified lenders must adjudicate any 

loan defaults in federal court). OIEED also operates a revolving credit facility (SBA 

has no such support) that assists Indian borrowers with lines of credit for working 

capital, payrolls for hiring new employees, and assurances sufficient for sureties to 

provide performance bonds to tribal- and other Native-owned contractors. This kind 

of support facilitates Buy Indian Act contracting. In 2006, recognizing this program’s potential, Congress authorized a huge increase in the aggregate limit on Indian guaranteed loans from $500 million to $1.5 billion. However, FY 2015 funding 

for the program’s credit subsidy is less than $7 million, limiting the total loan principal to only about $100 million. By increasing the credit subsidy to a modest $15 

million, upwards of $250 million in total loan principal could be guaranteed. 

B. Department of the Treasury, Community Development Financial Institutions 

Fund 

1. $15 Million for Native Community Development Financial Institutions (CDFIs) 

Indian Country has greatly benefitted from the Native Initiative of the CDFI 

Fund through expanded access to capital for individuals and small businesses. The 

initiative funds Native CDFIs to provide micro loans and facilitates financial literacy and entrepreneurial development training in Native communities across the 

country. This program is another great example of how a modest federal investment 

catalyzes greater capital access in Indian communities. 

2. Report Language on New Market Tax Credit Allocations For Indian Country 

The CDFI Fund also oversees the New Market Tax Credits (NMTC) Program that 

makes NMTC allocations to Community Development Entities (CDEs) to help finance projects in low-income urban neighborhoods and rural communities lacking 

access to capital needed to support and grow businesses, create jobs and sustain 

healthy local economies. In the past, NMTC allocations have helped finance projects 

in Indian Country, but none of the last two rounds of allocations went to the CDEs 

that primarily or exclusively serve Indian Country. Since the CDFI Fund is open 

to making some adjustments, we urge the Committee to signal a desire to see a 

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39 

ing, economic and business developments in Indian Country. (See further discussion 

in Legislative recommendations below.) 

C. Funding Federal Offices of Native American Affairs and Tribal Relations 

As I explained in my testimony last June, broader federal attention to Indian 

Country occurred after more Cabinet departments and key federal agencies established Offices with that focus (e.g., HUD’s Office of Native American Programs, 

USDA’s Office of Tribal Relations, DOE’s Office of Indian Energy Policy and Programs, the FCC’s Office of Native American Affairs and Policy, and SBA’s Office of 

Native American Affairs). Each of these key Offices deserve increases or at least 

level funding for FY 2016. We ask the Committee to endorse these specific recommendations: 

1. Rename the SBA’s line item for ‘‘Native American Outreach’’ to read ‘‘Office 

of Native American Affairs’’ and provide up to $2 Million for that important Office; and 

2. Provide line item funding of $1 Million for an Office of Native American Affairs within Commerce’s Departmental Management budget. 

III. Legislation to Achieve Parity 

The needs in Indian Country remain so great that provisions to achieve parity 

could be included in just about any federal program for grant or cooperative agreement assistance, formula funding, and other federal expenditures, including tax expenditures. Rather than advocate that approach, the National Center recommends 

more targeted focus on parity-forging legislation that has been previously proposed 

and vetted, perhaps reported out of committee, or has gained consensus support in 

Indian Country. Below are high priorities that the Committee can examine by holding its own hearings or joint hearings with other committees, and otherwise promote 

consideration of proposals in these areas: 

1. Restore Parity in Trust Land Acquisition: As noted in my previous testimony, 

all federally recognized Indian tribes must be able to protect and enhance their tribal lands to attract investment, create jobs and build self-sustaining tribal economies. 

This Committee should lead the charge to enact legislation (like last year’s S. 2188) 

to clarify the Interior Secretary’s authority to acquire land in trust for any federally 

recognized tribe so as to remedy confusion and harmful impacts stemming from the 

U.S. Supreme Court’s decision in Carcieri v. Salazar. The Committee also should 

consider holding a hearing or listening session on proposals designed to facilitate 

investment in projects on Indian lands, such as last year’s H.R. 2718, cosponsored 

by Congressmen Don Young and Tom Cole, to empower tribes to accept restricted 

fee tribal lands to spur economic development and generate self-sustaining income. 

2. Infuse Parity in New Market Tax Credit Allocations for CDEs Serving Indian 

Country: In the last two distributions of NMTC allocations, the CDFI Fund did not 

allocate any NMTCs to a Community Development Entity (CDE) with a primary 

mission of serving Native Communities. Lack of NMTCs has reduced urgently needed financing for business and community development projects in Native communities across the country. Capital can be better deployed in Indian Country projects 

if NMTCs are allocated to qualified CDEs whose primary mission is to invest in Native communities and who possess the required cultural competency and understanding of relevant legal and financial complexities involved. Proposals should be 

considered to make NMTC authority permanent and to set aside 10 percent of any 

future NMTC allocations for qualified CDEs whose primary mission is to serve Indian Country. 

3. Reach Parity in Incentives for Energy Investment/Development on Indian 

Lands: In numerous energy-related workshops hosted at our National RES and regional RES conferences, there has been great interest in development of renewable 

and conventional energy resources, and the related potential for workforce and economic development. Congress should act on vetted legislation (like last year’s S. 

2132) to remove regulatory barriers to energy and infrastructure development on Indian lands and streamline approval processes for rights-of-way. Congress also 

should extend existing tax credits that support economic development in Indian 

Country, and consider legislation to provide more funding mechanisms to develop 

energy resources on Indian lands, such as allowing transfer of tax credits for production from renewable resources. 

4. Ensure Parity in Tax Treatment: Just as Congress moved toward treating tribes 

more like state and municipal governments by enacting the Tribal Economic Development Bond authority, any future action on tax reform or any other tax legislation 

must include language: (a) eliminating the ‘‘essential governmental function’’ test for 

issuance of tribal tax exempt debt; and (b) treating tribal governments as taxing authorities in any provisions for collection of remote sales taxes (i.e., in parity with 

40 

state and local governments). As sovereigns, tribes must be able to exercise the 

right to collect tax revenues to provide for their members, promote business and job 

creation, and offer tax advantages to attract outside investment necessary to build 

their tribal economies. 

Once again, thank you, Mr. Chairman, and the Committee for the opportunity to 

present testimony and recommendations on behalf of the National Center. We urge 

the Committee to consider and act on these issues promptly. 

The CHAIRMAN. Thank you very much, Mr. Davis. I think a couple of things. One is that you may receive more written questions 

than most hearings, because we may run out of time to actually 

ask questions. Since you used the phrase listening sessions in your 

testimony, if we do head to vote, we will adjourn this meeting but 

the staff will continue with you, if you have the time to stay here, 

and we can conduct a listening session then for additional information. So I appreciate it. 

Next is Ms. Stacy Bohlen, Executive Director of the National Indian Health Board. So nice to see you again. Welcome to the Committee. I look forward to your testimony. 

STATEMENT OF STACY BOHLEN, EXECUTIVE DIRECTOR, 

NATIONAL INDIAN HEALTH BOARD 

Ms. BOHLEN. Thank you, Chairman, and congratulations on officially becoming the Chairman and officially becoming the Vice 

Chairman, Senator Tester. 

My name is, as you said, Stacy Bohlen. I am a proud member 

of the Sault Ste. Marie Tribe of Chippewa Indians in Michigan. I 

have been the Executive Director of the National Indian Health 

Board for about 10 years. I am very proud to be here today and 

be part of this proceeding on behalf of the National Indian Health 

Board. Chi-miigwetch, many thanks to the Committee for taking 

the time to listen and engage with us. 

Our organization was founded by the tribes over 40 years ago. 

And like what you said, we are in our fifth decade. Advocating for 

the improvement of American Indian and Alaska Native health is 

the sole work that the National Indian Health Board does. And we 

are the only national organization solely devoted to that work. 

As you know, our people continue to live sicker and die younger 

than other Americans. Our life span is 4.2 years less than other 

Americans and on some reservations, unfortunately Northern 

Arapaho is one of them, life expectancy is only 49 years. We experience significantly higher mortality rates from accidents, alcoholism, 

suicide, cancer, influenza, maternal deaths and many times we 

have to struggle against the tide of poor funding, poverty and cultural barriers that impact health. 

We must stand together to change these realities. In 2013, the 

Indian Health Service per capita expenditures for health care was 

just $2,849 per Indian person, compared to $7,717 per person for 

health care spending nationally. Despite the historic increases that 

Congress has shepherded through and the Administration has supported, the IHS budget is still only funded at 59 percent of need. 

Budgets do not contain increases for medical inflation, contract 

support costs, contract health services or Purchased Referred Care, 

and sequestration cuts. Despite valiant efforts, we just were not 

able to move forward. And we can change that. 

41 

Even when other programs supporting vulnerable populations for 

health care, like Medicaid, Medicare and the Veterans Administration were exempt from sequestration cuts across the board, the Indian Health Service was not. That cost $220 million to the system 

in 2013. That is just not acceptable. And we look to work with you 

to end the sequestration, not just for health programs in Indian 

Country, but for all programs in Indian Country. 

In addition, there are two important legislative changes that 

could help the tribes to overcome some of these budgetary challenges. The first is establishing Medicare-like rates for Purchased 

Referred Care for non-hospital-based services. This was recommended by the Government Accountability Office in 2013. And 

IHS is the only Federal health provider not already paying these 

rates. The agency could save millions if the Indian Health Service 

was paying provider rates consistent with existing Federal policy. 

This is real challenge that we saw in the State of Montana with 

the orthopedic surgeons. We tried to work very hard to overcome 

it. It was impossible at that time. 

If Medicare-like rates were applied to the Indian Health Service 

they could provide an estimated 253,000 extra patient visits per 

year through a program that is at least $800 million short every 

year. Another important breakthrough would be establishing advance appropriations for the Indian Health Service, much like the 

Veterans Administration. This means that Congress would enact 

IHS funding a year ahead of time. That money could not be spent 

until the year for which the funding was intended. 

For example, tribes could spend funds appropriated in 2016 only 

in 2017. This means that tribes would not have to wait on shortterm continuing resolutions every year to make long-term decisions 

with only short-term money. 

For example, in Alaska, heating oil is a major expense to the 

Alaska health care system. We all know from having to heat our 

own homes, it is cheaper to buy heating fuel or whatever our needs 

are in bulk. In Alaska, this is also clearly the case. And if that is 

able to be done in September, before the rivers freeze, that oil can 

be shipped by barge. 

But if you have to wait until November, until the spring, to do 

so, the oil has to be flown into the villages. Along with increased 

costs of buying oil on a piece-meal basis, when continuing resolution money is finally freed up, the shipping just dramatically increases the cost. 

Advance appropriations won’t solve these complex issues, but it 

would certainly be a substantial and important step forward. 

Even with legislative actions, it is important to note that many 

of our disparities, like alcoholism, substance abuse, suicide being 

the number two cause of death of our youth and children, injuries, 

these are treatable and preventable circumstances and occurrences. 

But they are often overlooked in the Indian health care delivery 

system, because it doesn’t have the capacity nor is it designed to 

operate that way. 

I would also like to talk about a very important issue of alleviation of the tribal employer mandate for the Affordable Care Act. 

But I see that my time has expired, so I look forward to extending 

my remarks if I may. Thank you very much. 

42 

[The prepared statement of Ms. Bohlen follows:] 

PREPARED STATEMENT OF STACY BOHLEN, EXECUTIVE DIRECTOR, NATIONAL INDIAN

HEALTH BOARD


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The CHAIRMAN. Thank you very much, Ms. Bohlen. 


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Senator Tester? 

Senator TESTER. Thank you for your flexibility, Mr. Chairman. I 

want to welcome Vance Home Gun. Vance is an outstanding young 

man who has worked in Native language. He is a Champion for 

Change with Senator Dorgan’s Native American group that he has 

worked with. I thank you very, very much, and appreciate the example you set for Native American youth all over this Country. 

The CHAIRMAN. Thank you very much, Senator Tester. Mr. Home 

Gun? 

STATEMENT OF VANCE HOME GUN, 2013 CHAMPION OF 

CHANGE, YOUTH ADVISORY BOARD MEMBER, THE CENTER 

FOR NATIVE AMERICAN YOUTH 

Mr. HOME GUN. [Greeting in Native tongue.] Good afternoon, 

Chairman Barrasso, Vice Chairman Tester and members of the 

Committee. My name is Vance Home Gun and my Indian name is 

[name given in Native language]. I am a member of the Confederated Salish and Kootenai Tribes in Montana. 

I am here today to provide my testimony as a youth advisory 

board member for the Center for Native American Youth at the 

Aspen Institute. Also, as Vice Chairman Tester said, I am representing Native youth throughout Indian Country. It is a big hat 

to fill. 

I hope to shed some light on the needs of Native American youth 

and compel you to make us a priority in Congress. My oral testimony is only a summary of what is included in my written testimony for the Congressional Record. The priorities of Native American youth are similar to what you will hear from our partner organizations. We want you to support our communities and keep your 

promises to Native Americans. 

To start, I want to lay out the overarching priorities for my testimony. This is what they are. 

Number one, adequate funding for programs to serve Native 

American youth, especially education, health, culture, mental 

health, language programs and welfare programs. Second, make it 

easier for tribes and organizations to utilize that funding. 

Third, engage and listen to Native youth throughout Indian 

Country. You will hear many, many positive and influential stories. 

When they come to D.C., take time and listen to them. Ultimately, 

make it a goal to prioritize Native youth issues in Congress. We 

really urge you guys to do that. 

A lot of time, stories about Native American youth focus on the 

negative. It is true, we do experience many challenges. But Native 

American youth are also leaders in Indian Country, doing positive, 

positive work. I believe you should invest in us. 

I became involved with the Center for Native American Youth 

and was named a Champion for Change. The goal of the Champions for Change program is to recognize Indian youth who are 

working to improve their communities, encourage their peers and 

leaders and to promote hope. 

I was named a Champion for Change simply by trying to revitalize and preserve my Native language. A good friend of mine, Dakota Brown, was also named a Champion for Change. He started 

a program called NERDS, Native Education Raising Dedicated StuVerDate Mar 15 2010 10:35 Jun 06, 2016 Jkt 020323 PO 00000 Frm 00058 Fmt 6633 Sfmt 6601 S:\DOCS\20323.TXT JACK
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dents. Another good friend of mine who was named a Champion for 

Change is a 16-year old girl named Lauren from Oneida, who successfully placed 18,000 new books into the hands of Indian children. 

These are positive stories from young Native leaders of today. 

There is so much good news in Indian Country, and there will even 

be more if we can work together to strengthen our Native youth. 

In order for youth to be successful, we need to address the issues 

that young Native Americans face in Indian Country each and 

every day. This is where Congress comes in. More than two centuries of failed policies and underfunding have led to all kinds of 

problems, making it hard for Native youth to reach their full potential. Tribal leaders, urban Indian organizations and youth throughout Indian Country are doing great work to address those problems 

and provide a better future for all. They are doing this with limited 

and many times no resources as a result of policies that go against 

the Federal Government’s trust responsibility. 

For us to be successful, Congress needs to provide the funding 

needed for the programs and services that we were promised in our 

treaties, promises that men before you promised Native Americans 

throughout this Country. We ask that you honor those promises, 

we ask that you honor those words, the words of your founding fathers. 

On top of the funding, the system of Federal Government serving 

Native American youth is complex and confusing. Let’s make it 

easier for tribes to actualize and utilize these programs. 

And before I finish, I want to mention that there are many other 

partners helping us reach Native youth, which can be helpful for 

us to work to make them a priority in the 114th Congress. Tribal 

leaders are working hard every day to try to ensure their children 

have equal and fair opportunities to succeed. I ask you to work 

with tribal governments to make it easier and to be rightfully consulted. 

Having the tremendous opportunity of meeting many outstanding Native American youth throughout Indian Country, I 

know that we are still fighters, hunters and warriors. This is who 

we are as Indian people. I hear time and time again from youth 

throughout Indian Country that language and culture is a priority. 

It is who we are. Only we can ensure that survival. With the revitalization of our languages and cultures comes pride in who we are 

as a people. Western education is also a must for future generations for the survival of American Indians. 

We all have the same goal of creating a healthier, more prosperous Indian Country in the United States of America. Native 

youth want to work alongside you as we reach that goal. 

Thank you for this opportunity. 

[The prepared statement of Mr. Home Gun follows:] 

PREPARED STATEMENT OF VANCE HOME GUN, 2013 CHAMPION OF CHANGE, YOUTH

ADVISORY BOARD MEMBER, CENTER FOR NATIVE AMERICAN YOUTH

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

Committee. My name is Vance Home Gun and I am member of the Confederated 

Salish and Kootenai Tribes in Montana. I am here today to provide testimony from 

my position as a Youth Advisory Board member for the Center for Native American 

56 

Youth at the Aspen Institute. Thank you for the opportunity to provide testimony 

highlighting Native American youth priorities today. 

I am grateful for the opportunity to sit here with these distinguished leaders and 

hear the priorities of various tribal organizations. The priorities of Native youth are 

not unlike what you will hear from these partner organizations—we want you to 

keep your promises to provide services to Native Americans and allow our governments to express our sovereign right to decide how best to serve our people. My role 

today is to tell you about priorities we hear on the ground from Native American 

youth. I also want to tell you about some of the issues that are most important to 

me and the other 2.1 million Native Americans under the age of 24 including: sovereignty, culture, language, education, child welfare and health care access, especially to mental and oral health services. 

At the outset I want to lay out the overarching priorities for my testimony. These 

priorities are: 

(1) Adequate funding for programs that serve Native youth, especially: education, language, culture, physical and mental health, and child welfare programs. 

(2) Make it easier for tribes and tribal organizations to utilize federal grants 

rather than bog them down with duplicative and capacity-draining administrative requirements. 

(3) Engage with and listen to Native youth in their home communities and 

when they come to DC. 

(4) Make it a goal to prioritize Native youth issues in this Congress. 

Positive Youth Efforts in Indian Country 

I want to tell you a few stories to help you understand why investing in Native 

youth should not just be a priority for me and my peers, but that it should be your 

priority because it is an American priority. 

Too often stories about Native youth focus on the negative. While we do have 

unique needs, which I will share more about later, Native American youth are also 

leaders who—when given space to lead—are changing lives and improving Indian 

Country and the greater United States as a whole. 

I became involved with the Center for Native American Youth through their 

Champions for Change program. I was named a 2013 Champion for Change. The 

goal of this program is to reach out and lift up those youth, of which there are 

many, who are working to improve their communities, encourage their peers and 

leaders, and to promote hope! Inspired by a White House initiative, the program 

highlights young, inspirational leaders from Indian Country who are making a difference in tribal and urban Indian communities. 

I was named a Champion for Change because as a high school student and recent 

graduate I worked with tribal departments, local organizations, and youth groups 

for over six years to help preserve the Salish language. I taught language classes 

at high schools and created an organization called Yoyoot Skwkwimlt (Strong Young 

People) that utilizes peer-to-peer methods to teach language and culture. Within a 

short time, I was asked to lead the language department for my tribe. Through my 

work, we educated 100 students and now 12 are fluent in Salish. 

CNAY’s inaugural class of Champions for Change also included a 14 year-old— 

Dahkota Brown—who created an after-school program called NERDS (Native Education Raising Dedicated Students). He saw too many of his peers dropping out of 

school and created a program to support and encourage his Native peers to excel 

in education. While high school graduation rates hover around 50 percent for Native 

Americans, those students involved in Dahkota’s program have had a 100 percent 

graduation rate. The 2014 class of Champions included a 16-year-old who was recognized for successfully placing over 18,000 new books into the hands of children in 

need. 

I believe these stories are inspiring. There is so much good news in Indian Country and there will be even more if we work together to find ways to support Native 

American youth and students. 

Challenges and Barriers to Native Youth Success 

Even so, young Native Americans across Indian Country face several significant 

challenges in their daily lives. More than two centuries of failed policies and chronic 

underfunding have led to intolerable disparities between the health and well-being 

of young Native Americans and that of their non-Native peers, seriously impacting 

their ability to reach their full potential. They are the most at-risk in terms of nearly every demographic. 

57 

• Native children have the nation’s highest suicide rates and in the last decade, 

2.5 times the national rate and in some communities that number is even higher. 

• Over the last decade, high school graduation rates increased for all racial 

groups except Native Americans. 

• Native Americans suffer from high rates of alcohol and drug abuse, chronic disease, and mental health issues. 

• They are exposed to violence at disproportional rates and overrepresented in the 

child welfare and juvenile justice systems 

Despite those many challenges, tribal leaders, tribes and urban Indian organizations, and youth themselves throughout Indian Country are doing incredible work 

to serve Native Americans and provide a better future for the First Americans. And 

they are doing so with limited or no resources as a result of policies that are not 

in line with the Federal Government’s trust responsibility. 

A prime example of this is the simple fact that the funding for federal programs 

and services for Native Americans is discretionary, rather than mandatory, meaning 

public safety, education, child welfare, housing, language programs, and healthcare 

are all susceptible to budget cuts. 

These programs and services, which are meant to provide for the basic needs of 

Native Americans, and which are guaranteed through treaties—not handouts but 

treaties, transactions with the federal government. Our priorities are simple: adequate and just funding for the programs and services we were promised. 

In addition to underfunding, the system of federal programs serving Native youth 

is complex and even the federal agencies and Administration themselves are confused about what programs are available, where and how to get the funding, and 

limited in terms of flexibility and holistic services. If the federal agencies and Administration are confused by their matrix of programs, won’t tribal communities and 

youth programs be just as confused or more? 

It can be very difficult for communities to know what services and funding are 

available and there is little flexibility to break down those silos and make it easier 

to serve their people Another challenge is that oftentimes tribal nations and urban 

Indian programs receive numerous federal grants with unpredictable funding 

streams or only a few years in length, meaning that by the time the programs are 

running well and showing positive results, the grant ends. In addition, tribal nations and urban programs are burdened with several reporting requirements that 

require staff time that could be used more effectively to serve Native youth and 

other community members. Allowing for flexibility by combining reporting requirements for federal funding would ensure that tribes will spend more time providing 

valuable services. 

The Center for Native American Youth has mapped out federal programs and 

services that touch the lives of Native youth. We attached it to my testimony. I hope 

this can be a roadmap to see the programs that impact our lives. I hope you will 

prioritize them and ensure they are properly funded. 

Native Youth Voices 

The Center for Native American Youth remains committed to learning from and 

listening to Native youth, tribal nations and urban Indian community perspectives. 

We directly engage students in roundtable discussions while visiting their communities and homes. I have participated in a number of these events myself—traveling 

to the Rosebud Sioux in South Dakota, the Confederated Tribes of Umatilla Indians 

and the Confederated Tribes of Coos, Lower Umpqua and Siuslaw reservations in 

Oregon, and the Wilton Miwok Rancheria in California. To date the organization 

has facilitated 101 listening sessions in 21 states with more than 3,800 youth in 

order to gather young people’s priorities and perspectives on important issues. I will 

share a little bit about what we hear as top priorities for youth but I encourage you 

to read our annual Voices of Native Youth report that summarizes the issues that 

young people face in their communities. Here are some of the key findings from 

2014 and issues that young Native Americans have asked us to prioritize in 2015. 

Youth Engagement 

A consistent and clear priority heard from young people is the need to be engaged 

and have safe places to go outside of school, particularly on the weekends and during summer months. A number of participants mentioned the increase of disruptive 

gang activity in tribal nation communities is a result of the lack of available extracurricular activities. Youth have expressed that involvement in gangs in urban 

areas often transfers home to the reservation bringing with it violence, drug use and 

other crimes. Without safe environments and positive activities to engage youth, like 

58 

after-school programs offered in evenings and on weekends, there are concerns that 

at-risk youth will continue to turn to gangs as an outlet for their frustrations and 

for a sense of a belonging. 

Youth participants stressed the desire to see more outlets, including cultural 

events, athletics, and other recreational activities in tribal nation communities. Yet, 

there is too often a lack of funding for these types of positive activities. Transportation is also a big priority for Native American youth because they often lack transportation to travel to such activities, to receive health care, to obtain groceries, or 

to visit family. 

When budgets are cut, extracurricular programs and transportation services are 

often the first things to go. Funding for youth programs and transportation is an 

important priority for you to consider for improving the lives of Native youth. Without programs to engage youth, they will continue to fall victim to gangs, drugs, alcohol and other negative activities. 

Education 

Many Native American youth believe that education is critical to the well-being 

of their tribal nations and urban Indian communities and also that higher education 

is connected to future success of Indian Country. Native American students want 

culturally-appropriate student services, more Native teachers, tribally-run schools in 

their communities, and the integration of Native American studies into institutional 

curriculum. They believe these improvements will enable them and their Native 

peers to be successful. Native youth have identified the following barriers to attaining higher education: 

• Lack of access to financial aid and difficulty finding information about financial 

assistance, 

• Limited tutoring and other forms of academic support like after-school programs, 

• Difficult school environments, including: 

—lack of infrastructure and diversity of teaching staff; 

—too few teachers; 

—lack of support from school administration and family; and 

—too few connections with community and culture. 

Racial discrimination persists as a barrier to academic success for Native youth. 

During 2014 roundtable discussions, Native youth highlighted negative stereotyping 

as a major concern at school in addition to bullying and discrimination. Native participants noted that in-school bullying between Native and non-Native students, including cyber bullying, occurs frequently. One experience in the Southwest was 

shared about a young Native male having his long braids cut off by non-Native 

peers during a school bus ride. Earlier this school year, a Native boy in Texas was 

sent home for having long hair. Youth believe that these racist attitudes and behaviors are especially present in urban areas. 

We hear Native youth asking for positive mentors and role models to help them 

stay focused and provide guidance throughout their education and career path. The 

need for supportive school environments, including encouragement throughout the 

education system and support in identifying, applying for, and managing scholarships and financial aid are all key education priorities for Native American students. 

Health 

In every roundtable discussion, health and wellness issues, including healthy lifestyle promotion, as well as challenges like alcohol and substance abuse, suicide, and 

teen pregnancy were raised by students. The persistent underfunding of the Indian 

Health Service, which is the primary agency charged with providing health care to 

Native Americans, makes it increasingly difficult to meet basic health needs, much 

less proactively address health challenges throughout Indian Country. 

Native youth and our communities need access to quality, safe health care, especially primary, mental, and oral health care. Yet, what is exciting for me as a Native 

youth is that tribal nations are leaders in developing innovative, exciting health 

care programs that help address these health care needs. Indian Country can serve 

as a model for all communities. Below are a few examples. 

In my tribal community, we have worked together to address mental health 

needs, despite historic efforts of the federal government to end our culture, by reaching out to elders and revitalizing our language and culture. I was recruited by my 

tribe to learn and teach our Native language. Through programs like these, we have 

provided youth with an opportunity to connect to who they are and where they come 

59 

from. Addressing the mental health needs of Native youth requires us to build traditional, cultural programs and we are already seeing success in our reservation. 

Another example are the community, behavioral and dental health aide programs 

created by Alaska tribes over ten years ago. Native youth experience oral disease 

rates that far surpass US averages and over half of Native youth live in what are 

called dental shortage areas, meaning that there are not enough dentists to serve 

the population size. Alaska tribes were not going to wait around for the federal government to solve the program for them, so they built a program modeled off of what 

every other industrialized nation already has—a mid-level dental provider. Thanks 

to these tribal endeavors, there are Native villages with cavity-free children and 

healthier communities for the first time in decades. 

Native youth want what everyone wants—for our communities to be healthy and 

for our tribal leadership to have the ability to makes the best decisions for us. 

Across the country we are leading movements and working together to raise our 

voices and promote tribal community solutions to health problems, including successful workforce models developed in Alaska. Sharing our stories is one way we can 

help. Recently, many Native youth are getting published in national and local news 

outlets to share their stories and perspectives on tribal initiatives addressing oral 

health needs. While stories like youth waiting months for care and trying to pull 

out their own teeth are sad and difficult to hear, it is important that they are told. 

Native youth voices tell of our simple need and right to have equitable health care 

and healthy smiles we can be proud of. 

Child Welfare 

Addressing the distinct needs and priorities of Native foster youth was a priority 

issue in several of our youth convenings last year. Native youth are overrepresented 

in foster care and many young people are being separated from their tribal communities despite laws to prevent such placements. Recognizing this, youth and families 

talked about the importance of keeping siblings together in foster homes, especially 

current or former foster children. Throughout conversations, the need to place youth 

with relatives or Native foster homes to provide continuity of culture and community familiarity was expressed. Native foster children also described a need to improve the public education experience for those in foster care, since education is 

often difficult to navigate for foster youth and can be unwelcoming to Native youth, 

resulting in racism and re-traumatization for Native foster children. Educational assistance and specific programs for foster youth were highlighted as necessary supports to ensure their future success. 

Culture 

Youth are very interested in learning more about their language and culture from 

tribal elders. Many say they would like to see more young tribal members speaking 

their Native language and practicing traditional ways of life. Although resources are 

limited to support cultural and language programs, many young Native Americans 

identify culture and language as protective factors that help them in overcoming the 

numerous challenges (highlighted above) experienced by Native youth. Youth also 

view contemporary and traditional arts as important for healthy communities, 

which give them a positive outlet. Youth have also expressed the desire to learn 

more about traditional food systems and how to prepare traditional meals, an interest which could ultimately help improve the health of Native Americans. Numerous 

participants brought up the need for incorporation of their culture and traditional 

and contemporary arts in the educational system. 

Conclusion 

It is also important to note that there are many other partners helping to reach 

out to Native American youth, which can be helpful to you as you work to make 

them a priority in the 114th Congress. Tribal leaders are working valiantly every 

day to try to ensure their children have equal and fair opportunities to succeed. Yet, 

they are hamstrung in terms of resources. As a Native youth, I ask you to work 

with tribal governments and ensure they are rightfully consulted. 

Second, the organizations you heard from today—the National Congress of American Indians, National Indian Child Welfare Association, National Indian Health 

Board, and National Indian Education Association -are leading an effort to create 

a Native Children’s Agenda called First Kids First. Nike’s N7 Programs have donated more than $3 million through grants to Native youth programs across the 

U.S. since 2009. N7’s contributions have impacted more than 200,000 Native youth 

to date, with a goal of reaching 2 million kids by 2020. 

Casey Family Programs, a national foundation and current partner of the Center 

for Native American Youth, works in 50 states, the District of Columbia and Puerto 

Rico to influence long-lasting improvements with regards to the safety and success 

60 

of children, families and communities. They have an entire team of individuals in 

the Indian Child Welfare Program dedicated to improving the lives of Native American children. 

The W.K. Kellogg Foundation, a national foundation, has made incredibly generous and significant investments in tribal communities and is supporting efforts to 

create a national bipartisan focus on children and their families, as well as growing 

support for tribal-led solutions to help each and every native child thrive. 

Having had the tremendous opportunity of meeting many Native American Youth 

throughout Indian Country, I know that we are still fighters, hunters, and warriors. 

I hear time and time again from the youth that our language and culture must survive. Only we can ensure its survival. With the revitalization of our languages and 

cultures comes pride in who we are as a people. Western education is also a must 

for our future survival, as is taking good care of our bodies through fitness and diet. 

We need to do these things while still living our way of life that is unique to us. 

Native youth want to be a part of this great country and have the same privileges 

as all youth have. 

Ultimately the message I have for you, distinguished members of the Committee, 

is simple: prioritize and invest in Native American youth. Listen to us and listen 

to our tribal and urban leaders. Support our priorities with proper funding of critical and basic services to our people—health care, education, social services, and 

community safety—and do not create barriers that make it more difficult to serve 

our own communities. Reach out to Native American youth; ask us what we think 

and find ways to help us achieve our dreams. I know there are many issues that 

come across your desk, but I challenge you to prioritize Native youth this Congress. 

We all have the same goal of creating a healthier, more prosperous, Indian Country 

and United States of America, and Native youth want to work alongside you as we 

reach that goal. 

The CHAIRMAN. I am are very grateful for your testimony. Being 

from Montana, there are two Senators from Montana on the Committee. I would like to turn first to the Vice Chairman and then 

to the junior Senator from Montana. 

Senator TESTER. Very briefly, I just want to thank you all for 

your testimony. It is unfortunate we don’t have time to question 

you, but we will be doing that through writing, as the Chairman 

has indicated. I am sure this is not the last time you are going to 

be appearing in front of this Committee. 

That being said, thank you for your testimony. As Vance said, if 

we work together, we really can get some positive things done. 

In closing, I would just say, Mary Pavel, thank you very much 

for your service to this Committee, both under the direction of 

Chairman Cantwell and myself. You have done a great job and you 

will be missed. 

[Applause.] 

The CHAIRMAN. Senator Daines? 

STATEMENT OF HON. STEVE DAINES, 

U.S. SENATOR FROM MONTANA 

Senator DAINES. Thank you, Mr. Chairman. And Vance, I am 

proud of you. It is good to have you here, the pride of Arlee, Montana. It is an honor to be here with you. 

It is also an honor to have two Montanans on this Committee 

with Senator Tester. So I know that Montana’s voice will be heard 

here. But more important also, just Indian Country in general, the 

voice of Indian Country. We have seven reservations in Montana, 

we have one time yet to be federally-recognized tribe, with Little 

Shell. 

I have a long to-do list of items I will be talking about today. But 

I think in the interest of time, and allowing others to speak, and 

the fact we have a vote, I will forego my four pages of priorities 

61 

and just say, it is an honor to serve on this Committee and to serve 

those who are in Indian Country. I look forward to a productive 

committee. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Thank you so very much 

The bells that you have heard in the background mean that we 

are now further than halfway through the vote. We are going to 

have to be leaving shortly. 

Senator Heitkamp, I would like to know if you have anything to 

add, or a question? 

STATEMENT OF HON. HEIDI HEITKAMP, 

U.S. SENATOR FROM NORTH DAKOTA 

Senator HEITKAMP. Just a congratulations, Mr. Chairman. I just 

want to make sure you know that I know you are the chairman. 

[Laughter.] 

Senator HEITKAMP. And I want to welcome one of my tribal 

chairmen, Richard McCloud, who is here today from the Turtle 

Mountain Band of Chippewa. He is very involved with youth in his 

community and certainly an Indian leader in our State. Also, Melvin, who is enrolled at the same reservation. 

I also want to say, my list is long. And I want to brag a little 

bit, because I think both Senators from North Dakota are also on 

this Committee. Senator Hoeven is busy spearheading and working 

very hard on the Keystone Excel Pipeline or I am sure he would 

be here to greet you. 

This is a very, very high priority for me. I think anyone who has 

seen my first two years in the United States Senate knows that. 

This is a passion. And it really speaks to our future. Vance, you 

said it so well. If we focus on the children, if we build coalitions 

around the children, if we look at what the children need and listen 

to the children, in 20 years we will have done something that we 

haven’t done for the last 150, and that is be respectful to the culture, respectful to treaty rights and obligations that we have, and 

to build a united belief that all of the children of this Country are 

all of our children. 

So I look forward to working with all of you. I have, as the new 

Senator from Montana said, I have a long list of priorities. We hope 

that we can be successful in all of them. Thank you so much. 

The CHAIRMAN. Thank you, Senator Heitkamp. 

Senator Lankford? 

STATEMENT OF HON. JAMES LANKFORD, 

U.S. SENATOR FROM OKLAHOMA 

Senator LANKFORD. Thank you as well for being here. I also have 

a very brief comment. From Oklahoma and the 38 federally-recognized tribes in Oklahoma, I look forward to the ongoing conversation and what will happen around this dais, and also in other conversations away from this dais as well. 

I appreciate joining the Committee. I look forward to the ongoing 

conversation and working together. 

The CHAIRMAN. Thank you, Senator. 

Welcome also, joining us today is Assistant Secretary Kevin 

Washburn and his deputy, Larry Roberts. Welcome to the ComVerDate Mar 15 2010 10:35 Jun 06, 2016 Jkt 020323 PO 00000 Frm 00065 Fmt 6633 Sfmt 6601 S:\DOCS\20323.TXT JACK
62 

mittee. I know that you have testified many times and we look forward to seeing you again. 

What really stuck with me, Ms. Bohlen, as you said, live sicker, 

die younger. As a physician I have great concerns about health, 

combined with housing, education, jobs, the economic opportunities, 

it all comes together to help improve those who are living sicker 

and dying younger, and to address that issue. So thank you very 

much. 

We are going to need to go vote and it sounds like we have 18 

votes. So it is going to be very difficult for us to return to engage 

in the questioning. You will be receiving written questions, as well 

as we will adjourn this meeting and turn it into a listening session, 

as members of the staff who you are familiar with, they are going 

to come and continue the discussion and dialogue. 

Thank you very much for being here today. The meeting is adjourned. 

[Whereupon, at 2:47 p.m., the hearing was adjourned.] 

(63) 

A P P E N D I X 

PREPARED STATEMENT OF HON. LISA MURKOWSKI, U.S. SENATOR FROM ALASKA

Chairman Barrasso, Vice Chairman Tester, I appreciate the hearing you have convened today to hear from the Nation’s tribal organizations on the priorities of Indian 

Country. We’re not here to hear excuses of inaction of the federal agencies, but to 

hear the aspirations of tribes. How would tribes like to manage their own lands, 

affairs, and future. 

Chairman Barrasso, the priorities you lined out at the State of Indian Nations: 

energy, jobs, juvenile justice and economic development are issues I look forward aggressive addressing in this Congress. If I may quote our Democratic colleague from 

North Dakota, Senator Heitcamp, we should not be reauthorizing statutes for the 

sake of reauthorizing, but asking ourselves what will change the paradigm to allow 

our Nation’s first peoples to realize the prosperity of the American Dream. 

This begins with honoring the government to government relationship that exists 

between Indian tribes and the United States. In the last 50 years, since statehood, 

and since the passage of the Alaska Native Land Claims Settlement Act, we created 

unique institutions in our State—tribes, tribal organizations, and Native corporations that are delivering basic government services on behalf of the United States, 

and privately managing their own Native lands. As our Lt. Governor in Alaska 

would say, ‘‘we have come a long way, yet we have a long way to go.’’ 

I would like to mention several issues that will remain important to me, and to 

Alaska. We must address the pressing need for adequate funding for our village 

clinics. The federal government has ignored this responsibility for too long. The Indian Health Service only covers 55 percent of the operating costs of our village clinics. Tribes in Alaska have had enough of inaction from the Administration on this 

issue. 

I have also focused much attention of achieving public safety in our villages. Last 

year I directed the Bureau of Indian Affairs to determine what it would cost to fund 

tribal courts in PL280 states. It’s a failed policy of the BIA to deny these tribes of 

any operational programs to deliver justice to our communities. The rates of violence 

demand action. 

In closing, I would like to welcome the new Republican members to the Indian 

Affairs Committee. I look forward to hearing the witness testimony. 

PREPARED STATEMENT OF THOMAS D. OGAARD, PRESIDENT/CEO, NATIVE AMERICAN

BANK, NA 

On behalf of the Native American Bank, National Association (NAB), I submit 

this statement to endorse and reinforce the recommendations of the National Center 

for American Indian Enterprise Development to increase support for the Indian 

Loan Guarantee Program administered by the Office of Indian Energy and Economic Development (OIEED) of the Department of the Interior. National Center 

CEO Gary Davis gave high priority to this important program in his testimony for 

the Committee’s Oversight Hearing, and asked that the NAB provide some supplementary information to the Committee based on the bank’s extensive experience in 

lending and successfully working with the loan guarantee program. 

The NAB provides capital resources on a nationwide basis to Native American 

Tribes, Alaska Native Corporations, Tribal economic development corporations and 

Native individuals. The NAB is a subsidiary of The Native American 

Bancorporation Co., which was formed in 1998, and is owned by 33 shareholders, 

90 percent of whom are a combination of tribes, Alaska Native Corporations, tribal 

owned entities and other Native interests. 

As a lender, the NAB has long utilized the OIEED’s Indian Loan Guarantee Program to leverage our ability to provide capital in Indian Country. After a couple of 

challenging years dealing with the Great Recession, NAB is growing again and in 

the last two years has become one of the lenders with the largest portfolio of loans 

64 

that are subject to these guarantees. In Fiscal Year (FY) 2014, our loans accounted 

for more than 25 percent of the total loan principal subject to the program’s guarantees. Many of these loans would not have been possible without the support of this 

essential loan guarantee program and the diligence of NAB to provide economic opportunities in Indian Country. 

To supplement the testimony already provided, I would like to address three specific areas: (1) the benefits this program provides, including individual examples; (2) 

the limited amount of funding provided to and by the program; and (3) some limits 

of the program that restrict its effectiveness. 

I. Benefits of the Indian Loan Guaranty Program 

The Program’s guarantees are pivotal in providing access to capital for Native 

tribes and communities. All tribes are very interested in diversifying their economic 

activities and are becoming more sophisticated in their approach to development. 

Leveraging their resources by obtaining capital through a guaranteed loan is one 

avenue that is gaining notice. Economic diversification by tribes, done typically on 

or in close proximity to their reservation, usually means the creation of a new entity. A new commercial endeavor, combined with a construction and startup phase, 

presents a greater risk for most banks than other loan transactions. In Indian Country, collateral is often problematic (such as how to obtain a leasehold mortgage on 

trust land), rendering the transaction even more challenging to meet the underwriting demands of today given our regulatory environment. An Indian Loan Guarantee is essential (as a guarantee on 90 percent of the loan’s value, susceptible to 

tribe court adjudication, etc.) and is a strong mitigant, for the risks involved in this 

type of lending. Without this program, many projects would not be undertaken. 

Below are some examples: 

A. NAB is in the final stages of funding a state of the art recycling facility on 

a reservation in Florida. Tribal members, with some support from their tribe, 

formed a partnership to bring this concept to reality. For some time, they 

could not get interest anywhere to finance this facility until NAB stepped in 

to underwrite a $5.2 million loan and obtain an Indian loan guarantee. With 

the facility going online within weeks, it has received significant interest and 

commitments. It brings economic diversity to the reservation, adds 15–20 

new jobs and is already being considered as a proto-type for a sister facility. 

B. NAB provided capital resources in the form of a loan for $5.5 million, with 

an Indian Loan Guarantee, to build a new hotel on a Montana reservation 

that is also on the doorstep to one of America’s great national parks. Efforts 

to source multiple types of financing were met with lack of interest. The Indian Loan Guarantee Program was the vital link to getting this project 

launched. Previously, much of the tourism, retail and government traffic 

passed through this small community without stopping, because of the lack 

of adequate accommodations. Today, this well-known hotel brand has become 

a stop off point where dollars are being spent locally and has provided up 

to 25 additional jobs. 

C. NAB is about to close on a nearly $13 million dollar project in Nevada, providing $10 million in capital through an Indian Guaranteed loan to the local 

tribal economic development authority. In an effort to diversify their economy, the tribe completed an exhaustive study to determine what type of retail entity would have the best opportunity for success. Initially the tribe was 

seeking to finance this project with bonds, however that option proved to be 

too difficult. Next they turned to traditional bank financing but found that 

route to be difficult as well. Then NAB stepped in to provide a loan, along 

with the interest subsidy as part of the Indian Loan Guarantee Program, 

and finally the project had the financing to move ahead. 

D. NAB is in the final stages of funding $1.7 million for a new facility in a remote Alaska village that will become the community’s general store. The 

project involved consolidating the existing two dilapidated buildings into a 

new structure that is much more efficient and has more capacity to provide 

additional goods and services. The ability of the village to order goods, oil 

and gas in larger quantities will enable its members to purchase these necessities at a somewhat lower cost than the very expensive prices they have 

been paying. Without the Indian Loan Guarantee, the loan could not have 

been made and this project would have never happened. 

II. Amount of Funding Provided to and from the Program 

As noted in the National Center’s testimony, the Congress appropriated less that 

$7 million for FY 2015 for the Indian Loan Guarantee Program allowing for about 

65 

$100 million in total loan principle subject to guarantee. The limit for FY 2014 was 

about $93 million, the guarantees were fully utilized, and NAB accounted for over 

25 percent of the program’s guaranteed dollars, as noted earlier. In October, 2014, 

at the start of this FY 2015, NAB had another $10 million in pending loans waiting 

for guarantees which could not be approved until Congress took final action on the 

FY 2015 Omnibus Appropriations Act. In addition, we now have another $30 million 

in process in our loan pipeline that will be submitted to OIEED for guarantees over 

the coming weeks and months. 

As a result of our work, and that of others, to educate and give guidance to Indian 

Country on native economic endeavors and options for financing, particularly in 

rural/remote areas, the Indian Loan Guarantee Program is becoming better known 

as a mechanism for making these projects come to fruition. The volume of interest 

and projects being presented to us has increased several fold over the last two years. 

We see the economic opportunities within Indian Country growing substantially, 

making the need for capital even more vital. We are expecting and planning that 

the Indian Loan Guarantee Program’s current limit of $100 million in total loan 

principal will not support all of the requests for guarantees this fiscal year, however. 

Keep in mind that, in 2006, Congress increased the statutory authorization for 

this important program from $500 million to $1.5 billion as the limit on total loan 

principal subject to guarantees. For FY 2016, Congress must start increasing the 

funding for the credit subsidy for this essential program to enable lending to accelerate and move closer to those much higher loan limits that Congress intended to 

see achieved when it increased the lending authority in 2006. 

III. Limits of the Program 

Fundamentally the program has played a strategic role in helping provide economic opportunities that otherwise would never become available. It is a central 

part of NAB’s strategic mission to assist with options for economic diversity that 

will help tribes become more self-sustaining. Among the program’s strengths is the 

flexibility to accommodate different structures for a financing package. 

Limited funding continues to hamper the program’s operations and effectiveness, 

however. Already noted is the unreasonably low level of funding that has been provided in recent years for the credit subsidy for the guarantees and the correspondingly inadequate limit on the total amount in loans that can be guaranteed each 

year. Administration of the program also has been challenging, since the OIEED 

has suffered cuts to personnel and resources available to operate and review and 

process all the applications for guarantees. The NAB supports the recommendation 

of the National Center to increase FY 2016 funding for the OIEED, as well as for 

the Indian Loan Guarantee Program, to enable both to do a better job meeting the 

capital needs of Indian Country. 

In closing, I would like to thank the Committee for the opportunity to provide my 

comments on behalf of Native American Bank. 

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PREPARED STATEMENT OF RANDELLA BLUEHOUSE, EXECUTIVE DIRECTOR, NATIONAL

INDIAN COUNCIL ON AGING, INC. (NICOA) 

On behalf of The National Indian Council on Aging, Inc. (NICOA), I thank you 

for the opportunity to submit testimony. 

NICOA is a non-profit organization founded in 1976 to advocate for improved comprehensive health, social services, and economic well-being for American Indian and 

Alaska Native Elders. NICOA also operates as a National Sponsor of the federal 

Senior Community Service Employment Program (SCSEP). NICOA’s SCSEP operates in fourteen states through an American Indian set-aside grant from the Department of Labor. For over 39 years, we have served as the nation’s foremost advocate 

for American Indian and Alaska Native Elders. 

Today’s hearing, ‘‘Indian Country Priorities for the 114th Congress,’’ is important 

for the opportunity that it provides our community to share not only our challenges 

but also the solutions that we see possible with the partnership of Congress. The 

issues that Indian Country faces are not unique, though the solutions that they require may be different due to structural, societal, and legal differences. 

NICOA members submit resolutions which are presented and voted by AI/AN 

Elder members 55 years and older, who attend our national Aging Conference every 

other year. These resolutions address both the issues our AI/AN Elder communities 

face, especially as its members age, and provide possible solutions. We have attached the most relevant resolutions here, including the resolutions adopted by 

NCAI in partnership with NICOA. These are resolutions which Congress could take 

action on and which would make a significant difference in the quality of life for 

American Indian and Alaskan Native Elders. 

NICOA appreciates this opportunity to submit this testimony, and we look forward to working with the Committee this Congress. 


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Attachments 

NATIONAL INDIAN COUNCIL ON AGING—Resolution #2014–02 

TITLE: Gerontology and Geriatric Research to Benefit American Indian/Alaskan 

Native (AI/AN) Elders & Tribes 

WHEREAS, we the members of the National Indian Council on Aging, Inc. 

(NICOA) of the United States, invoking the divine blessing of the Creator upon our 

efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties 

and agreements with the United States, to enlighten the public toward a better understanding of the issues and needs of American Indian and Alaska Native Elders, 

to preserve Indian cultural values, and otherwise promote the health, safety, and 

welfare of our Elders, do hereby establish and submit the following resolution; and 

WHEREAS, NICOA was established in 1976 by Tribal Leaders to advocate for 

improved comprehensive health, social services, and economic wellbeing for American Indian and Alaska Native (AI/AN) Elders. NICOA submits to the National Congress of American Indians (NCAI) this resolution passed by its members at their 

biennial meeting on September 5, 2014; and 

WHEREAS, health care providers and the general public do not have access to 

adequate gerontology and geriatric data and information. There is a lack of relevant, 

immediate, applicable community based and inter-disciplinary data. This lack of information contributes to AI/AN health disparities, maltreatment, exclusion, gaps, 

and other gerontological health issues, and; 

WHEREAS, research is needed to promote systematic investigation, development, 

testing, and evaluation centered on health issues central to the Native community 

in order to create a continual dialogue between investigators, health care providers, 

and the Native communities in general; and 

WHEREAS, the lack of research and evidence based data and information specific 

to AI/AN Elders decreases opportunities for tribes to seek alternative funding placing the AI/AN entities at a disadvantage for accessing potential resources to support 

aging services. Health care data and information help to enhance opportunities to 

secure funding resources for a variety of care services by tracking death rates and 

such chronic illness and acute disease. The evidence based findings and interviews 

will contribute to health based equity and promote healthier lifestyles and establish 

common ethical and research practices such as community based participatory research (CBPR) that gains the trust of the AI/AN community by observing cultural 

values; and 

NOW THEREFORE BE IT RESOLVED, that the NICOA Elders do hereby request that the U.S Department of Health and Human Services increase opportunities and direct funding for gerontology and geriatric research to AI/AN entities; and 

BE IT FURTHER RESOLVED, that the Centers for Disease Control and Prevention, and the National Institutes of Health increase research for and by AI/AN 

organizations with direct set aside funding from an increased Congressional appropriation; and 

BE IT FURTHER RESOLVED, that this resolution is policy of NICOA until it 

is withdrawn or modified by subsequent resolution 

NATIONAL INDIAN COUNCIL ON AGING—Resolution # 2014–04 

TITLE: NICOA Elders Call for a National American Indian/Alaska Native Hearing on Aging 

WHEREAS, we, the members of the National Indian Council on Aging, Inc. 

(NICOA) of the United States, invoking the divine blessing of the Creator upon our 

efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties 

and agreements with the United States, and all other rights and benefits to which 

we are entitled under the laws and Constitution of the United States, to enlighten 

the public toward a better understanding of the issues and needs of American Indian and Alaska Native Elders, to preserve Indian cultural values, and otherwise 

promote the health, safety, and welfare of our Elders, do hereby establish and submit the following resolution; and 

WHEREAS, NICOA was established in 1976 by Tribal Leaders to advocate for 

improved comprehensive health, social services, and economic wellbeing for American Indian and Alaska Native (AI/AN) Elders. NICOA submits to the National Congress of American Indians (NCAI) this resolution passed by its members at their 

biennial meeting on September 5, 2014; and 

WHEREAS, AI/ANs are struggling with many issues that are unrecognized by 

policy makers as poverty increases, substandard housing deteriorates, health care 

dollars shrink, the cost of living increases, veterans suffer long waits and lack of 

72 

care, federal funding decreases, Native Elders age in greater numbers and require 

home and community-based long term services and supports, raise grandchildren, 

live with Alzheimer’s Disease, provide caregiving as they cope with their own aging 

challenges, work for acceptance of LGBT Elders; and 

WHEREAS, Congress has stated that ‘‘older individuals who are Indians, older 

individuals who are Alaskan Natives, and older individuals who are Native Hawaiians are a vital resource entitled to all benefits and services available and that such 

services and benefits should be provided in a manner that preserves and restores 

their respective dignity, self-respect, and cultural identities’’ (42 U.S.C. 3057a); and 

WHEREAS, in the 36 years since Title VI was added to the Older Americans Act, 

funding and services for Title VI have never been comparable to funding for Title 

III, leaving older American Indians and Alaska Natives without needed services to 

allow them to live vital, independent lives, as long as possible in their homes and 

communities. These many pressing concerns require a broader audience to create 

awareness and a sense of the urgent, imperative nature of the problem; and 

NOW THEREFORE BE IT RESOLVED, that NICOA Elders request full Congressional Hearings on the Needs of American Indian, Alaskan Native and Native 

Hawaiian Elders to enable tribal leadership to testify on the status and unmet 

needs of tribal Elders. These hearings should also be held throughout Indian Country to allow for our esteemed Elders attendance and participation; and 

BE IT FURTHER RESOLVED that the congressional hearings be held prior to 

September 30, 2015 and be co-sponsored by the Senate Select Committee on Aging 

and the Senate Select Committee on Indian Affairs; and 

BE IT FURTHER RESOLVED that this resolution shall be the policy of NICOA 

until it is withdrawn or modified by subsequent resolution. 

NATIONAL INDIAN COUNCIL ON AGING—Resolution # 2014–05 

TITLE: NICOA Elders Oppose Cuts in Title V Funding 

WHEREAS, we, the members of the National Indian Council on Aging, Inc. 

(NICOA) of the United States, invoking the divine blessing of the Creator upon our 

efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties 

and agreements with the United States, and all other rights and benefits to which 

we are entitled under the laws and Constitution of the United States, to enlighten 

the public toward a better understanding of the issues and needs of American Indian and Alaska Native Elders, to preserve Indian cultural values, and otherwise 

promote the health, safety, and welfare of our Elders, do hereby establish and submit the following resolution; and 

WHEREAS, NICOA was established in 1976 by Tribal Leaders to advocate for 

improved comprehensive health, social services, and economic wellbeing for American Indian and Alaska Native Elders. NICOA submits to the National Congress of 

American Indians (NCAI) this resolution passed by its members at their biennial 

meeting on September 5, 2014; and 

WHEREAS, the Senior Community Employment Program or SCSEP is the largest federally funded program which targets older adults 55 and older seeking training and employment. It is authorized by Title V of the Older Americans Act. Created in 1965, the program matches eligible older adults with part time work-based 

training in community service organizations. Participants build skills and self-confidence while earning a modest income. For some, their SCSEP experience leads to 

permanent employment. This job training serves as a bridge to unsubsidized employment opportunities for participants and assists with the provision of needed 

community services; and 

WHEREAS, the President’s FY 2015 budget request proposes a cut of over $54 

million to SCSEP (from $434.4 million to $380 million) across the nation. This cut 

would mean a loss of paid training for 9,000 lower income older adults in national 

and state projects. This loss of funding would impact the Elders receiving training 

and also the programs who benefit from SCSEP participants’ assistance; and 

WHEREAS, in the year ending June 30, 2014, NICOA SCSEP provided 539,513 

hours of service in over 210 local tribal, government, and private nonprofit community agencies; and 

WHEREAS, funding for the National Indian Council on Aging’s SCSEP would be 

cut by $730,717 starting July 1, 2015. About 100 fewer older low income Elders 

would be provided jobs and training and approximately 61,700 staff hours would be 

lost by community service organizations; and 

NOW THEREFORE BE IT RESOLVED, that NICOA Elders oppose the proposed $54 million cut to SCSEP and any future cut in funding to SCSEP; and 

BE IT FURTHER RESOLVED that this resolution shall be the policy of NICOA 

until it is withdrawn or modified by subsequent resolution. 

73 

NATIONAL INDIAN COUNCIL ON AGING—Resolution # 2014–06 

TITLE: NICOA Elders Request Comparable Equity between Title III State Services and Title VI Tribal Services 

WHEREAS, we, the members of the National Indian Council on Aging, Inc. 

(NICOA) of the United States, invoking the divine blessing of the Creator upon our 

efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties 

and agreements with the United states, and all other rights and benefits to which 

we are entitled under the laws and Constitution of the United States, to enlighten 

the public toward a better understanding of the issues and needs of American Indian and Alaska Native Elders, to preserve Indian cultural values, and otherwise 

promote the health, safety, and welfare of our Elders, do hereby establish and submit the following resolution; and 

WHEREAS, NICOA was established in 1976 by Tribal Leaders to advocate for 

improved comprehensive health, social services, and economic wellbeing for American Indian and Alaska Native Elders. NICOA, submits to the National Congress 

of American Indians (NCAI) this resolution passed by its members at their biennial 

meeting on September 5, 2014; and 

WHEREAS, the Administration on Aging (AoA) grants are awarded under Title 

VI to American Indian tribal organizations, Alaskan Native organizations, and nonprofit groups representing Native Hawaiians. Grants are used to fund supportive 

and nutrition services for American Indian/Alaska Native (AI/AN) Elders. Grants 

are awarded to more than 250 tribal organizations and 2 Native Hawaiian organizations. In addition, family caregiver grants have been awarded to 218 Title VI organizations; and 

WHEREAS, the Older Americans Act states in Title VI that ‘‘it is the purpose 

of this Title to promote the delivery of supportive services, including nutrition services, to AI/ANs and Native Hawaiians that are comparable to services provided 

under Title III. However, the provision of ‘‘comparable services’’, has not been 

achieved due to insufficient funds for this Title; and 

WHEREAS, NICOA acknowledges the tremendous efforts of Title VI Directors 

and the creative approaches they develop to cope with budgets shortfalls. Approximately two thirds of the grants to AI/AN tribes or consortia of tribes are for less 

than $100,000. This funding level is expected to provide services for a minimum of 

50 Elders for an entire year. Those tribes receiving more than or at least $100,000 

serve between 200–300 Elders. Many tribes are not able to meet the five day per 

week meal requirement because of insufficient funding and are serving congregate 

meals only two or three days per week; and 

NOW THEREFORE BE IT RESOLVED, that NICOA Elders request that the 

Administration on Aging (AoA) increase appropriation of funding for Title VI of the 

Older Americans Act based on the number of eligible AI/ANs in each of the designated service areas. According to the AoA, the number of AI/AN people age 65 and 

older is projected to increase by nearly 75 percent between 2010 and 2020; and 

BE IT FURTHER RESOLVED, that NICOA Elders request for increased training for Title VI service providers that include new and innovative ways to improve 

Indian Elder access to social services. Funding for training should be separate from 

funds used to provide direct services; and 

BE IT FURTHER RESOLVED that this resolution shall be the policy of NICOA 

until it is withdrawn or modified by subsequent resolution. 

NATIONAL INDIAN COUNCIL ON AGING—Resolution # 2014–07 

TITLE: NICOA Elders Request Long Term Care Funding 

WHEREAS, we, the members of the National Indian Council on Aging, Inc. 

(NICOA) of the United States, invoking the divine blessing of the Creator upon our 

efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties 

and agreements with the United States, and all other rights and benefits to which 

we are entitled under the laws and Constitution of the United States, to enlighten 

the public toward a better understanding of the issues and needs of American Indian and Alaska Native Elders, to preserve Indian cultural values, and otherwise 

promote the health, safety, and welfare of our Elders, do hereby establish and submit the following resolution; and 

WHEREAS, NICOA was established in 1976 by Tribal Leaders to advocate for 

improved comprehensive health, social services, and economic wellbeing for American Indian and Alaska Native Elders. NICOA submits to the National Congress of 

American Indians (NCAI) this resolution passed by its members at their biennial 

meeting on September 5, 2014; and 

74 

WHEREAS, as the American Indian/Alaska Native Elder population increases, 

the urgent need for long term care services and supports also increases. According 

to the Administration on Aging, the number of AI/AN people age 65 and older is 

projected to increase by nearly 75 percent between 2010 and 2020. The Centers for 

Disease Control and Prevention found that Native people overall were 50.3 percent 

more likely to have a disability, when compared with the national average. Overall 

AI/AN populations experience some of the highest rates of chronic disease and disability in the U.S; and 

WHEREAS, a 2010 survey by R. Tuner Goins, Ph.D. found that out of 566 tribes 

only 15 percent of tribes had nursing home services and 16 percent had assisted living services; and 

WHEREAS, The Affordable Care Act and its dual legislation, the Indian 

Healthcare Improvement Act grants the Indian Health Service (IHS) specific authorities for provision of long term care; and 

WHEREAS, the aforementioned legislation only authorizes IHS to provide services but does not mandate any new funding specific to long-term care. The Indian 

Health Service does provide care but has been underfunded for decades. In a 2005 

GAO report titled ‘‘Indian Health Service: Health Care Services Are Not Always 

Available to Native Americans’’ highlighted the ongoing problems of long wait times, 

lack of adequate facilities and rationing of care due to lack of funding; and 

WHEREAS, adequate appropriations are needed to address this looming health 

crisis; and 

NOW THEREFORE BE IT RESOLVED, that NICOA Elders do hereby call on 

the Obama administration to request and for Congress to authorize and appropriate 

adequate funding for the provision of long term care services and supports for American Indian and Alaska Natives; and 

BE IT FURTHER RESOLVED that this resolution shall be the policy of NICOA 

until it is withdrawn or modified by subsequent resolution. 

NATIONAL INDIAN COUNCIL ON AGING—Resolution # 2014–10 

TITLE: NICOA Elders Support the Reauthorization of the Older Americans Act 

WHEREAS, we, the members of the National Indian Council on Aging, Inc. 

(NICOA) of the United States, invoking the divine blessing of the Creator upon our 

efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties 

and agreements with the United States, and all other rights and benefits to which 

we are entitled under the laws and Constitution of the United States, to enlighten 

the public toward a better understanding of the issues and needs of American Indian and Alaska Native Elders, to preserve Indian cultural values, and otherwise 

promote the health, safety, and welfare of our Elders, do hereby establish and submit the following resolution; and 

WHEREAS, NICOA was established in 1976 by Tribal Leaders to advocate for 

improved comprehensive health, social services, and economic wellbeing for American Indian and Alaska Native Elders. NICOA submits to the National Congress of 

American Indians (NCAI) this resolution passed by its members at their biennial 

meeting on September 5, 2014; and 

WHEREAS, the Older Americans Act is the key legislative framework for developing, coordinating, and delivering home and community based services that allow 

American Indian/Alaska Native Elders to maintain their independence. The Title VI 

program of the Older Americans Act provides for supportive and nutrition services 

which aid AI/ANs across the country. The Act also authorizes the only federal workforce program which provides training to help transition low income Elders into 

suitable employment in their community. The Act also provides for a long term care 

ombudsman program to provide those living in long term care facilities with protection of their rights and wellbeing; and 

WHEREAS, despite these and many other important provisions, the Older Americans Act was last reauthorized in 2006; its authorization expired in 2011.This delay 

means that even more Elders will not receive services as demand is only projected 

to increase. The population of American Indian/Alaska Natives age 65 and older is 

expected to grow by 116 percent by 2030. Additionally the Older Americans Act is 

subject to sequestration, resulting in unnecessary and harmful cuts each year 

through 2021; and 

WHEREAS, the Senate Health, Education, Labor, and Pensions (HELP) Committee voted to send S. 1562, a bipartisan reauthorization bill, to the Senate floor. 

In the House Rep. Suzanne Bonamici has introduced H.R. 4122, which would 

strengthen the Older Americans Act and is similar to the Senate bill. Another 

House bill, H.R. 3850 would simply reauthorize the Act with no changes; and 

75 

NOW THEREFORE BE IT RESOLVED, that NICOA Elders do hereby support 

the passage of S.1562 and H.R. 4122. These bills would expand and modernize the 

Act for the next 5 years as well as preserve the separate titles for congregate and 

home-delivered nutrition programs and maintain voluntary contributions for participants. As a last resort, NICOA would also support the straight reauthorization bill, 

H.R. 3850; and 

BE IT FURTHER RESOLVED that this resolution shall be the policy of NICOA 

until it is withdrawn or modified by subsequent resolution. 

NATIONAL INDIAN COUNCIL ON AGING—Resolution # 2014–11 

TITLE: NICOA Elders Support the Social Security Administration Accountability 

Act of 2014 

WHEREAS, we, the members of the National Indian Council on Aging, Inc. 

(NICOA) of the United States, invoking the divine blessing of the Creator upon our 

efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties 

and agreements with the United States, and all other rights and benefits to which 

we are entitled under the laws and Constitution of the United States, to enlighten 

the public toward a better understanding of the issues and needs of American Indian and Alaska Native Elders, to preserve Indian cultural values, and otherwise 

promote the health, safety, and welfare of our Elders, do hereby establish and submit the following resolution; and 

WHEREAS, NICOA was established in 1976 by Tribal Leaders to advocate for 

improved comprehensive health, social services, and economic wellbeing for American Indian and Alaska Native (AI/AN) Elders. NICOA submits to the National Congress of American Indians (NCAI) this resolution passed by its members at their 

biennial meeting on September 5, 2014; and 

WHEREAS, many AI/AN tribal Elders live in remote areas and prefer to receive 

Social Security information and guidance from a trained professional in-person at 

the local Social Security Administration (SSA) field offices instead of transactions 

using potentially confusing and intimidating online databases. Those serving AI/ 

ANs can answer questions more readily and ensure that they understand the various benefits programs available to them from the Social Security Administration; 

and 

WHEREAS, these important field offices provide valuable services to vulnerable 

Elders who may depend on their Social Security benefits as a sole source of income; 

and 

WHEREAS, these Social Security Field Offices are facing closure and will therefore limit efficient, culturally sensitive customer service. These offices provide services that are critical to tribal Elders and reservation communities; and 

WHEREAS, other provisions of the Social Security Accountability of 2014 call for 

submission of a budget estimate directly to Congress and the President, revises requirements that require inclusion of the number of cases pending at each hearing 

office and average processing time, requires the Commissioner to submit a detailed 

report outlining and justifying the process for selecting field offices to be closed, consolidated, or otherwise having limited access before the Commissioner can close any 

Social Security Administration (SSA) field office as well as requires the Commissioner to follow certain administrative procedures; and 

NOW THEREFORE BE IT RESOLVED, that NICOA recognizes and supports 

the Social Security Administration’s commitment to support and provide customer 

service in rural areas benefiting tribal communities and Elders; and 

BE IT FINALLY RESOLVED, NICOA Elders support the Social Security Administration Accountability Act of 2014 (H.R. 3997) and urges that SSA field offices 

remain open and continue to provide excellent customer service; and 

BE IT FURTHER RESOLVED that this resolution shall be the policy of NICOA 

until it is withdrawn or modified by subsequent resolution. 

NATIONAL INDIAN COUNCIL ON AGING—Resolution # 2014–12 

TITLE: NICOA Elders Support the Supplemental Security Income Restoration Act 

WHEREAS, we, the members of the National Indian Council on Aging, Inc. 

(NICOA) of the United States, invoking the divine blessing of the Creator upon our 

efforts and purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties 

and agreements with the United States, and all other rights and benefits to which 

we are entitled under the laws and Constitution of the United States, to enlighten 

the public toward a better understanding of the issues and needs of American Indian and Alaska Native Elders, to preserve Indian cultural values, and otherwise 

76 

promote the health, safety, and welfare of our Elders, do hereby establish and submit the following resolution; and 

WHEREAS, NICOA was established in 1976 by Tribal Leaders to advocate for 

improved comprehensive health, social services, and economic wellbeing for American Indian and Alaska Native Elders. NICOA submits to the National Congress of 

American Indians (NCAI) this resolution passed by its members at their biennial 

meeting on September 5, 2014; and 

WHEREAS, Supplemental Security Income (SSI) is a federal program that provides monthly payments to people who have limited income and few resources. SSI 

is for people age 65 and older, as well as blind or disabled people of any age, including children; and 

WHEREAS, over 50 percent of the AI/AN population aged 62–67 are projected 

to have some work limitation. Research has shown that adult AI/ANs are more likely to receive Supplemental Security Income and less likely to receive Social Security 

benefits. These numbers are projected to increase; and 

WHEREAS, for about 60 percent of recipients, the SSI program is their only 

source of income. The maximum benefit is little more than $700 a month. The financial constraints are so stiff that a growing number of older SSI recipients are homeless; and 

WHEREAS, the Supplemental Security Income Restoration Act has been introduced both in the Senate (S. 2089) and the House. (H.R. 1601). This Act would update provisions in the program which are out of date concerning earned income, general income, and resources. It would also help the Social Security Administration 

streamline the claims process; and 

NOW THEREFORE BE IT RESOLVED, that NICOA Elders do hereby support 

passage of S. 2089 and H.R. 1601 to support vulnerable AI/ANs and provide a more 

secure quality of life; and 

BE IT FURTHER RESOLVED that this resolution shall be the policy of NICOA 

until it is withdrawn or modified by subsequent resolution. 

The National Congress of American Indians—Resolution #ATL–14–055 

TITLE: Gerontology and Geriatric Research to Benefit American Indian/Alaskan 

Native (AI/AN) Elders & Tribes 

WHEREAS, we, the members of the National Congress of American Indians of 

the United States, invoking the divine blessing of the Creator upon our efforts and 

purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States, to enlighten the public 

toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do 

hereby establish and submit the following resolution; and 

WHEREAS, the National Congress of American Indians (NCAI) was established 

in 1944 and is the oldest and largest national organization of American Indian and 

Alaska Native tribal governments; and 

WHEREAS, health care providers and the general public do not have access to 

adequate gerontology and geriatric data and information. There is a lack of relevant, 

immediate, applicable community based and inter-disciplinary data. This lack of information contributes to AI/AN health disparities, maltreatment, exclusion, gaps, 

and other gerontological health issues; and 

WHEREAS, research is needed to promote systematic investigation, development, 

testing, and evaluation centered on health issues central to the Native community 

in order to create a continual dialogue between investigators, health care providers, 

and the Native communities in general; and 

WHEREAS, the lack of research, evidence based data, and information specific 

to AI/AN Elders decreases opportunities for tribes to seek alternative funding placing the AI/AN entities at a disadvantage for accessing potential resources to support 

aging services. Health care data and information help to enhance opportunities to 

secure funding resources for a variety of care services by tracking death rates and 

such chronic illnesses and acute diseases. The evidence based findings and interviews will contribute to health based equity and promote healthier lifestyles and establish common ethical and research practices such as community based 

participatory research (CBPR) that gains the trust of the AI/AN community by observing cultural values. 

NOW THEREFORE BE IT RESOLVED, that NCAI hereby requests that the 

U.S Department of Health and Human Services increase opportunities and direct 

funding for gerontology and geriatric research to AI/AN entities; and 

77 

BE IT FURTHER RESOLVED, that the Centers for Disease Control and Prevention, and the National Institutes of Health increase research for and by AI/AN 

organizations with direct set aside funding from an increased Congressional appropriation; and 

BE IT FINALLY RESOLVED, that this resolution is policy of NCAI until it is 

withdrawn or modified by subsequent resolution. 

The National Congress of American Indians—Resolution #ATL–14–057 

TITLE: Support for a National American Indian/Alaska Native Hearing on Aging 

WHEREAS, we, the members of the National Congress of American Indians of 

the United States, invoking the divine blessing of the Creator upon our efforts and 

purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States, to enlighten the public 

toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do 

hereby establish and submit the following resolution; and 

WHEREAS, the National Congress of American Indians (NCAI) was established 

in 1944 and is the oldest and largest national organization of American Indian and 

Alaska Native tribal governments; and 

WHEREAS, AI/ANs are struggling with many issues that are unrecognized by 

policy makers as poverty increases, substandard housing deteriorates, health care 

dollars shrink, the cost of living increases, veterans suffer long waits and lack of 

care, and federal funding decreases. Native Elders age in greater numbers and require home and community-based long term services and supports, raise grandchildren, live with Alzheimer’s Disease, provide caregiving as they cope with their 

own aging challenges, work for acceptance of LGBT Elders; and 

WHEREAS, Congress has stated that ‘‘older individuals who are Indians, older 

individuals who are Alaskan Natives, and older individuals who are Native Hawaiians are a vital resource entitled to all benefits and services available and that such 

services and benefits should be provided in a manner that preserves and restores 

their respective dignity, self-respect, and cultural identities’’ (42 U.S.C. 3057a); and 

WHEREAS, in the 36 years since Title VI was added to the Older Americans Act, 

funding and services for Title VI have never been comparable to funding for Title 

III, leaving older American Indians and Alaska Natives without needed services to 

allow them to live vital, independent lives, as long as possible in their homes and 

communities. These immediate concerns require a broader audience to create awareness and a sense of the crucial, imperative nature of the problem. 

NOW THEREFORE BE IT RESOLVED, that NCAI request full Congressional 

Hearings on the Needs of American Indian, Alaskan Native and Native Hawaiian 

Elders to enable tribal leadership to testify on the status and unmet needs of tribal 

Elders. These hearings should also be held throughout Indian Country to allow for 

our esteemed Elders attendance and participation; and 

BE IT FURTHER RESOLVED, that the congressional hearings be co-sponsored 

by the Senate Select Committee on Aging and the Senate Select Committee on Indian Affairs; and 

BE IT FINALLY RESOLVED, that this resolution shall be the policy of NCAI 

until it is withdrawn or modified by subsequent resolution. 

The National Congress of American Indians—Resolution #ATL–14–059 

TITLE: Request for Comparable Equity between Title III State Services and Title 

VI Tribal Services 

WHEREAS, we, the members of the National Congress of American Indians of 

the United States, invoking the divine blessing of the Creator upon our efforts and 

purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States, to enlighten the public 

toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do 

hereby establish and submit the following resolution; and 

WHEREAS, the National Congress of American Indians (NCAI) was established 

in 1944 and is the oldest and largest national organization of American Indian and 

Alaska Native tribal governments; and 

WHEREAS, the Administration on Aging (AoA) grants are awarded under Title 

VI to American Indian tribal organizations, Alaskan Native organizations, and nonprofit groups representing Native Hawaiians. Grants fund supportive and nutrition 

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services for American Indian/Alaska Native (AI/AN) Elders. Grants are awarded to 

more than 250 tribal organizations and 2 Native Hawaiian organizations. In addition, family caregiver grants have been awarded to 218 Title VI organizations; and 

WHEREAS, the Older Americans Act states in Title VI that ‘‘it is the purpose 

of this Title to promote the delivery of supportive services, including nutrition services, to AI/ANs and Native Hawaiians that are comparable to services provided 

under Title III. However, the provision of ‘‘comparable services’’, has not been 

achieved due to insufficient funds for this Title; and 

WHEREAS, NCAI acknowledges the tremendous efforts of Title VI Directors and 

the creative approaches they develop to cope with budgets shortfalls. Approximately 

two thirds of the grants to AI/AN tribes or consortia of tribes are for less than 

$100,000.This funding level is expected to provide services for a minimum of 50 Elders for an entire year. Those tribes receiving more than or at least $100,000 serve 

between 200–300 Elders. Many tribes are not able to meet the five day per week 

meal requirement because of insufficient funding and are serving congregate meals 

only two or three days per week. 

NOW THEREFORE BE IT RESOLVED, that NCAI requests that the Administration on Aging (AoA) determine the eligible number of AI/ANs in each designated 

service areas, and request the AoA evaluate the data and trend of the growing # 

of AI/AN elders in each designated service area and utilize such data in its budget 

request to Congress; and 

BE IT FURTHER RESOLVED, that NCAI requests increased training for Title 

VI service providers that include new and innovative ways to improve Indian Elder 

access to social services. Funding for training should be separate from funds used 

to provide direct services; and 

BE IT FINALLY RESOLVED, that this resolution shall be the policy of NCAI 

until it is withdrawn or modified by subsequent resolution. 

The National Congress of American Indians—Resolution #ATL–14–063 

TITLE: Support the Reauthorization of the Older Americans Act 

WHEREAS, we, the members of the National Congress of American Indians of 

the United States, invoking the divine blessing of the Creator upon our efforts and 

purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States, to enlighten the public 

toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do 

hereby establish and submit the following resolution; and WHEREAS, the National 

Congress of American Indians (NCAI) was established in 1944 and is the oldest and 

largest national organization of American Indian and Alaska Native tribal governments; and 

WHEREAS, the Older Americans Act is the key legislative framework for developing, coordinating, and delivering home and community based services that allow 

American Indian/Alaska Native Elders to maintain their independence. The Title VI 

program of the Older Americans Act provides for supportive and nutrition services 

which aid AI/ANs across the country. The Act also authorizes the only federal workforce program which provides training to help transition low income Elders into 

suitable employment in their community. The Act also provides for a long term care 

ombudsman program to provide those living in long term care facilities with protection of their rights and wellbeing; and 

WHEREAS, despite these and many other important provisions, the Older Americans Act was last reauthorized in 2006; its authorization expired in 2011.This delay 

means that even more Elders will not receive services as the demand is only projected to increase. The population of American Indian/Alaska Natives age 65 and 

older is expected to grow by 116 percent by 2030. Additionally the Older Americans 

Act is subject to sequestration, resulting in unnecessary and harmful cuts each year 

through 2021; and 

NOW THEREFORE BE IT RESOLVED, that NCAI hereby supports legislation 

that modernizes and reauthorizes the Older Americans Act to provide adequate 

funding for delivery of nutrition services and elderly support; and 

BE IT FURTHER RESOLVED, that this resolution shall be the policy of NCAI 

until it is withdrawn or modified by subsequent resolution. 

The National Congress of American Indians—Resolution #ATL–14–064 

TITLE: Support Social Security Administration Consultation with Tribal Governments Prior to Closure of Any Field Offices 

79 

WHEREAS, we, the members of the National Congress of American Indians of 

the United States, invoking the divine blessing of the Creator upon our efforts and 

purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States, to enlighten the public 

toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do 

hereby establish and submit the following resolution; and WHEREAS, the National 

Congress of American Indians (NCAI) was established in 1944 and is the oldest and 

largest national organization of American Indian and Alaska Native tribal governments; and 

WHEREAS, many AI/AN tribal Elders live in remote areas and prefer to receive 

Social Security information and guidance from a trained professional in-person at 

the local Social Security Administration (SSA) field offices instead of transactions 

using potentially confusing and intimidating online databases. Those serving AI/ 

ANs can answer questions more readily and ensure that they understand the various benefits programs available to them from the Social Security Administration; 

and WHEREAS, these important field offices provide valuable services to vulnerable 

Elders who may depend on their Social Security benefits as a sole source of income; 

and 

WHEREAS, these Social Security Field Offices are facing closure and will therefore limit efficient, culturally sensitive customer service. These offices provide services that are critical to tribal Elders and reservation communities; and WHEREAS, 

legislation is needed that calls for submission of a budget estimate directly to Congress and the President, revises requirements that require inclusion of the number 

of cases pending at each hearing office and average processing time, requires the 

Commissioner to submit a detailed report outlining and justifying the process for 

selecting field offices to be closed, consolidated, or otherwise having limited access 

before the Commissioner can close any Social Security Administration (SSA) field 

office as well as requires the Commissioner to follow certain administrative procedures. 

NOW THEREFORE BE IT RESOLVED, that NCAI recognizes and supports 

the Social Security Administration’s commitment to support and provide customer 

service in rural areas benefiting tribal communities and Elders; and 

BE IT FURTHER RESOLVED, NCAI supports legislation that would require 

the Social Security Administration to consult with Tribal governments prior to closure of any field offices and to take into account any potential impact it may have 

on tribal communities prior to closure; and BE IT FURTHER RESOLVED, that 

NCAI will hereby be committed to working with the Social Security Administration 

to ensure adequate consultation is conducted with Tribal governments in consideration of any field office closures; and 

BE IT FINALLY RESOLVED, that this resolution shall be the policy of NCAI 

until it is withdrawn or modified by subsequent resolution. 

The National Congress of American Indians—Resolution #ATL–14–065 

TITLE: Support for Modernization Legislation of the Supplemental Security Income Program 

WHEREAS, we, the members of the National Congress of American Indians of 

the United States, invoking the divine blessing of the Creator upon our efforts and 

purposes, in order to preserve for ourselves and our descendants the inherent sovereign rights of our Indian nations, rights secured under Indian treaties and agreements with the United States, and all other rights and benefits to which we are entitled under the laws and Constitution of the United States, to enlighten the public 

toward a better understanding of the Indian people, to preserve Indian cultural values, and otherwise promote the health, safety and welfare of the Indian people, do 

hereby establish and submit the following resolution; and 

WHEREAS, the National Congress of American Indians (NCAI) was established 

in 1944 and is the oldest and largest national organization of American Indian and 

Alaska Native tribal governments; and 

WHEREAS, Supplemental Security Income (SSI) is a federal program that provides monthly payments to people who have limited income and few resources. SSI 

is for people age 65 and older, as well as blind or disabled people of any age, including children; and 

WHEREAS, over 50 percent of the AI/AN population aged 62–67 are projected 

to have some work limitation. Research has shown that adult AI/ANs are more likely to receive Supplemental Security Income and less likely to receive Social Security 

benefits. These numbers are projected to increase; and 

80 

WHEREAS, for about 60 percent of recipients, the SSI program is their only 

source of income. The maximum benefit is little more than $700 a month. The financial constraints are so stiff that a growing number of older SSI recipients are homeless. 

NOW THEREFORE BE IT RESOLVED, that NCAI hereby supports legislation 

that updates statutory provisions in the program which are out of date concerning 

earned income, general income, resources, and helps the Social Security Administration streamline the claims process to support vulnerable AI/ANs and provide a more 

secure quality of life; and 

BE IT FURTHER RESOLVED that this resolution shall be the policy of NCAI 

until it is withdrawn or modified by subsequent resolution. 

PREPARED STATEMENT OF HON. TIM BALLEW II, CHAIRMAN, LUMMI NATION

Dear Committee Members: 

The Lummi Nation has many goals and priorities for 2015 and we urge the Committee to consider adding priorities to the 114th Congress at the request of the 

Lummi Nation. As a federally recognized tribe and sovereign nation, like many 

other tribes have issues that need to be addressed. Many of our issues can be addressed, fixed or heard on a federally level with our Trustee such as Congress. We 

request the Senate Committee on Indian Affairs to include the following for Indian 

Country Priorities for the 114th Congress: 

1) Treaty Rights at Risk: The Lummi Nation like many tribes have treaty rights 

and some of those rights included but not limited to the right of taking fish 

at usual and accustomed ground and stations. The Lummi Nation is facing 

threats of our harvest and need more support from our Trustee who have a 

trust responsibility and fiduciary obligations to protect these rights. Also, we 

call for a response to the work of Billy Franks white paper on Treaty Rights 

at Risk. 

2) Job Creation and Economic Development: The Lummi Nation is a growing 

nation and we need to be able to create jobs and economic development 

growth to supply or help our community with gaining employment. Gaming 

cannot be our only source of income and economic development will be a 

stream of income for the community and Nation. 

Thank your for considering our request for the record and to add to the list of 

priorities in Indian Country for the 114th Congress. 

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