Copyright 1999 Federal News Service, Inc.
Federal News Service
FEBRUARY 24, 1999, WEDNESDAY
SECTION: IN THE NEWS
LENGTH:
23424 words
HEADLINE: PREPARED STATEMENT BY
W. RON
ALLEN
PRESIDENT, NATIONAL CONGRESS OF AMERICAN INDIANS
BEFORE THE
SENATE INDIAN AFFAIRS COMMITTEE
SUBJECT - FY 2000
PRESIDENT'S BUDGET
REQUEST FOR FEDERAL INDIAN PROGRAMS
BODY:
I. Introduction
Good morning Chairman
Campbell, Vice-Chairman Inouye and distinguished members of the Indian Affairs
Committee. Thank you for the opportunity to present testimony regarding the
President's Budget Request for Fiscal Year (FY) 2000 Indian programs and
services. My name is W. Ron Allen. I am President of the National Congress of
American Indians (NCAI) and Chairman of the Jamestown S'Klallam Tribe located in
Washington State.
NCAI views the FY2000 federal budget process as an
opportunity to begin to set a better course for federal Indian policymaking in
the next century. Tribal governments have found themselves in an increasingly
defensive posture in the development of federal Indian policy over the last four
years, and budget cuts and budget riders have been the point of attack on tribal
self-determination. Leaders from Indian Nations across the U.S. gathered on the
first days of the 106th Congress on January 5th to 7th, 1999 to define a course
of action for themselves, and the FY2000 budget is an important part of their
planning. Tribal governments have developed an Agenda for Progressive Federal
Indian Policies in the 106th Congress (attached) to renew their historic
relationship with the federal government, affirm and educate on the justice of
tribal sovereignty, and create a climate of positive relationships for the
benefit of Indian people and the entire United States.
First, tribal leaders
have set as an important goal that the tribal budget must become a higher
priority within the appropriations process. The federal government has treaty
and trust obligations to support Indian tribes that it is simply not meeting.
Also, tribal citizens pay federal taxes but receive little support from federal
funds that go to states. Programs serving the American Indian and Alaska Native
population have rarely received the federal funding required to fulfill even the
most basic needs and funding for Indian programs has lagged far behind the
funding of non-Indian programs. Compared to all other sectors of the American
populace, American Indians and Alaska Natives most often rank at or near the
bottom or top of most social and economic indicators, whichever is worse. Of the
558 federally-recognized Indian tribes, a great majority of their populations
are characterized by the most severe unemployment, poverty rates, ill-health,
poor nutrition and sub-standard housing in the U.S. In an era of federal budget
surpluses, there are no excuses for failing to meet the federal obligation to
remedy the human tragedy behind the statistics.
Second, the solution for the
poor conditions in Indian Country must be a reinvigorated approach to economic
development. The federal budget for FY2000 can do much to build the necessary
infrastructure of roads, schools, housing, child and elder care, hospitals,
clinics, technology, law enforcement, courts and other critical elements of any
functioning economy in the United States. The United States has an obligation to
help rebuild the shattered infrastructures of Indian Nations and create the
opportunity for economic prosperity that will benefit not only Indian people,
but the entire American economy. It should also be noted that the conversion of
welfare entitlement funds into state discretionary funding has added to the
urgency felt throughout Indian Country to boost economic development.
Third,
the use of appropriations riders to ambush tribal self- government has become
more and more frequent. Tribal self-government is recognized in the United
States Constitution and hundreds of treaties, federal statutes and Supreme Court
cases and is deserving of serious consideration by the Congress. At the very
least, if the federal government is going to contemplate legislation affecting
tribal self-government, the legislation should be considered in the authorizing
committees, given opportunity for consultation with the affected tribes, and
taken up as stand-alone legislation where Members of Congress can know and
understand what they are voting on. We have been made aware of the introduction
of Senate Resolution 8 by Senators Ted Stevens and Robert Byrd. S. Res. 8 would
amend the Senate rules to reinstate a former rule which prohibited legislative
riders on appropriations bills and which would require a three-fifths vote to
waive a point of order under the rule. NCAI would urge the members of the Senate
Committee on Indian Affairs to support S. Res. 8.
As Congress begins to
shape the FY2000 budget, the NCAI urges an increased investment in Indian
programs and tribal government infrastructure. We believe that the President's
FY2000 budget request has taken a positive step in that direction. The following
testimony is an overview of the recently released President's FY2000 budget
request that provides NCAI's viewpoint on sections of the budget that are most
critical to tribal governments. NCAI would like to express its appreciation for
information and funding recommendations from regional and national Indian
organization, including the National Indian Education Association, the National
Indian Health Board, the National American Indian Housing Council, the National
Indian Council on Aging, the National Tribal Environmental Council, the Native
American Rights Fund, the Northwest Portland Area Indian Health Board, the
California Indian Manpower Consortium, the Indian and Native American Employment
and Training Coalition, and the Inter-Tribal Agriculture Council.
II.
Background Information
When comparing trends between FY1975 - FY1999 for the
total BIA budget and the federal non-defense budget as a whole, federal spending
as a whole increased at a rate of $41 billion a year, with an average level of
$669.8 billion, while when corrected for inflation, the BIA budget actually
declined by $10 million a year, on an average spending level of $1.7 billion.
Throughout the entire FY1975-FY1999 period, per capita spending on the U.S.
population as a whole consistently increased, whereas per capita spending on
Indians through major Indian-related programs began to fall after FY1979.
Furthermore, in FY1996, federal funding for Indian programs fell short 13
percent or $581 million from the President's budget request for that fiscal
year. This was mostly seen in dramatic cuts in funding for the BIA ($322 million
less), Department of Housing and Urban Development (HUD) New Indian Housing
($134 million less), and the Indian Health Service (IHS) ($80 million less). In
FY1997, funding for these programs fell short 4.1 percent or $175 million below
the President's request. And in FY1998, there was a 1.2 percent or $52 million
shortfall from what the President requested. In FY1999, this unfortunate trend
continued with a $100 million shortfall.1 Mr. Chairman, in a year when the U.S.
economy is booming and the federal government is expecting over seventy billion
dollars in surplus funds, the federal government should not be cutting funds to
American Indians, this nation's poorest people.
As you are well aware, in
recent years tribes have faced extraordinary challenges throughout the
appropriations process. Unprecedented reductions in federal Indian program
funding left many tribes facing extreme circumstances. Non-funding "riders"
attached to Interior Appropriations bills reached well past the scope of the
appropriations process and were interpreted by Indian Country as an attempt to
diminish tribal sovereignty and change the basic fabric of the federal-tribal
relationship.
While we appreciate the commitment to balance the federal
budget and reform the welfare system, we maintain that such laudable initiatives
do not and should not preclude the federal government from fulfilling its trust
responsibilities to Indian tribes throughout this great nation. In short Mr.
Chairman, extraordinary budget reductions in federal Indian programs have
created a state of emergency for many tribal governments.
NCAI is
encouraged, however, with the Administration's FY2000 commitment to begin
addressing some areas of priority concern to Indian Country. The Administration
should be commended for its renewed commitment to Indian education. Reports
indicate the Indian schools are in worst shape than any other system in the
country, with a backlog of repairs exceeding $800 million. The President's
FY2000 budget request includes a school construction and repair request of $75.9
million to replace two schools, as well as complete urgently needed repair work
at existing facilities. The budget also proposes a School Modernization
initiative that would provide $400 million in bond issuance authority for tribal
governments over two years, as well as increases to school operations of $27.5
million over FY1999 for a total investment of $503.6 million.
As this
Committee is well aware, Indian Country has faced a sharp rise in criminal
activities and most tribes have severely inadequate basic law enforcement
protections and services to address this problem. The proposed allocation of an
additional $20 million in the BIA as part of the multi-year law enforcement
initiative in Indian Country will help support law enforcement in Indian
communities through FY2000. NCAI is also encouraged by the Administrations
request of $100 million for the Office of Special Trustee, as well as the $1
million request for a "Bring Back the Bison" program within the BIA.
As
Congress begins the appropriations process for FY2000, NCAI aggressively seeks
support from the Committee in reversing the decline in funding for federal
Indian programs that we have experienced since FY1996. In general, we feel the
President's FY2000 budget moves Indian Country in this direction. We are
concerned, however, that even the Administration's request for certain essential
tribal programs and services provided through the BIA and IHS remain seriously
inadequate. Accordingly, tribal budgets are insufficient to meet the most basic
needs of tribal populations.
The following testimony is an overview of the
recently released President's FY2000 budget request that provides NCAI's
viewpoint on sections of the budget that are most critical to tribal
governments. As more specific information is released from the Administration
regarding the details of the budget request, NCAI will provide further
information to the Senate Committee on Indian Affairs and the relevant
appropriations subcommittees regarding the priorities of the tribal government
members of NCAI.
III. The President's FY2000 Budget Request
A.
DEPARTMENT OF INTERIOR
1. Bureau of Indian Affairs
The President's
FY2000 budget calls for $1.9 billion to be allocated to the BIA, an increase of
$155.6 million over the FY1999 enacted level. The budget contains a request of
$1.7 billion for the Operation of Indian Programs (OIP), a modest increase of
$110 million over the FY1999 enacted level. Another component was the request of
$716 million for Tribal Priority Allocations (TPA), a $1 7 million increase over
FY1999. However, as important as these increases are to tribes, and despite the
apparent commitment to tribal self-sufficiency, self- determination and
self-governance shown by the Administration in its budget request, this increase
still falls short of providing adequate funding for critically needed tribal
programs.
Although the Administration's budget request for FY2000 includes a
$17 million increase in TPA over FY1999, this increase is inadequate to meet the
vital needs of tribal governments. TPA budget activity includes the majority of
funds used to support on-going services at the local tribal level, including
such programs as: housing, law enforcement, child welfare,education, natural
resources management and other tribal government services. TPA gives tribes the
flexibility to prioritize funds among these programs according to their unique
needs and circumstances.
Over the past two decades, very little funding has
been added to TPA to allow exercise of self-determination and self-governance.
Further, in FY1995, TPA was drastically cut and critical tribal programs and
services were severely impacted. Since then, tribal governments have
increasingly fallen behind in their ability to provide services in their
communities. These budget reductions clearly are contrary to and undermine the
successes tribal governments have achieved.
Funding levels to TPA have yet
to be restored to the FY1995 level. The small increases to TPA over the past few
years have not been adequate to keep pace with inflation. The failure of the
Administration to include a significant increase in overall TPA for FY2000
continues to hinder tribal governments' ability to provide for the essential
needs of their communities.
Mr. Chairman, at the very least, the President's
requested TPA increase must be supported by Congress. The enormous tribal
program responsibilities associated with this budgetary category include the
direct tribal operation of programs. Although the President's requested funding
level for this budgetary category will help tribes address these needs, Congress
is urged to increase the TPA budget category well beyond its current enacted
level.
Also of concern within the BIA is the issue of contract support
costs. The moratorium imposed by Congress in FY1999 on any new or expanded
contracts, compacts or grants under Pub. L. 93-638 hampered many tribes' ability
to continue their move towards self-determination. The President's FY2000 budget
request for contract support costs includes a very modest increase of $6.4
million to address the Bureau's continuing contract support cost shortfall, plus
$5 million for the Indian Self-Determination Fund to address the contract
support cost needs of tribes taking on new BIA programs. These sums are woefully
inadequate to make any meaningful inroad into a shortfall that continues to
penalize tribes which elect to operate BIA programs under the Self-Determination
Policy. They are also insufficient to cover the contract support costs
associated with the new FY1999 tribal law enforcement initiatives to be
transferred to Tribes in FY 2000.
Per NCAI Resolution #MRB-98-036
(attached), Congress and the Administration are respectfully urged to reconsider
these sums in FY2000 to finally close the gap in contract support cost funding.
Although Congress is encouraged to support the President's increase, at a
minimum, it is still just a small step in moving tribes back into the position
of operating, on their own, the important programs which serve their
communities.
Another major area of concern is BIA construction funding. The
$1 74 million request called for in the President's budget must be supported by
Congress. As we reported to Congress last year, our schools, health facilities,
courts, police and fire departments all have facilities that are in desperate
need of repair and/or replacement. Included in this request is an increase of
$30 million for school construction. This will allow tribal communities the
ability to address the vital needs of their children and improve the
environments in which they learn. NCAI also supports the President's budget
request for continued new funding for Public Safety and Justice construction.
Further, many tribal communities are still awaiting much needed new
construction project funding to rehabilitate or replace a variety of facilities,
including high cost projects such as dams, power plants and other infrastructure
renovations. The President's budget requests $22 million for the repair of high
hazard dams on Indian lands. As reported by the BIA, these dams pose significant
threat of loss of life, and at minimum, significant economic damage, both on and
off Indian reservations. The Federal government is responsible for the
maintenance of these structures and is ultimately liable for any damage which
may occur as a result of their hazardous condition.
Each year, BIA
facilities face increased safety hazards which must be addressed through proper
maintenance and re-engineering projects that all require adequate levels of
funding. The President's request of $174 million for BIA construction projects
is a laudable first step.
As reported to Congress last year, the management
of Indian trust lands is in dire need of reform. The BIA manages over 55 million
acres of land, 170,000 individual tracts of land, 100,000 active leases, 350,000
land owners, and 2 million owner interests.
According to the BIA, the
allocation of new resources is designed to "close the books on Indian trust
management problems as we enter the next century by completing the replacement
of core trust management systems, including the complete cleanup of all trust
records in the Trust Asset and Accounting Management System CTAAMS)." NCAI
supports the FY2000 budget request of $100 million for the Office of Special
Trustee, which will provide $65.3 million for continued implementation of the
Trust Management Improvement Project.
The Administration and Congress'
attempts to empower tribal governments to assume more management
responsibilities over tribal program and service operations, create tribal jobs
and develop sustainable economies that lead Indian Country into greater self-
sufficiency are very commendable goals, and ones that are clearly shared by
tribal governments. However, without adequate federal appropriations these
objectives will not be achieved. Increased funding for programs and services
under the BIA budget must be provided to ensure that the basic needs of this
nation's first citizens are adequately met and our collective goals for a
stronger economic base in Indian Country are fully realized.
a. Economic
Development
Under the Indian Financing Act of 1974, as amended, guaranteed
loans, direct loans, and grants were established for economic development in
Indian Country. Unfortunately, since 1996 the grant programs and the direct loan
programs have not been funded. As a result, the only program remaining under
this Act is the guaranteed loan program.
Economic development conditions on
reservations are dire. With welfare reform in full force, sustainable economic
development is even more essential. Tribes need to develop economic development
plans to reduce the severe impacts on tribal members and tribal governments.
However, raising capital to start businesses on reservations is very difficult.
Under the Indian Financing Act (IFA), grant money was used for technical
assistance, but more importantly grant money was used as leverage for other
federal programs. For example, the Department of Agriculture has a loan program
that guarantees from 70 percent to 90 percent of the loan. Even though a
majority of the loan is guaranteed, many Indian individuals and tribes still
have difficulty raising the 10 to 30 percent equity needed to secure the loans.
If the IFA grant program was still in existence, it could be combined with other
federal loan programs allowing greater participation by individual Indians and
tribes. Therefore, through NCAI Resolution #GB-98-004 (attached), NCAI requests
at least $20 million be appropriated to reestablish the IFA grant program.
Through NCAI Resolution #MRB-98-080 (attached), NCAI also requests that
Congress appropriate $10 million specifically for funding the BIA Office of
Economic Development for the purpose of providing training and technical
assistance for the development and expansion of reservation business.
b.
Indian Education
NCAI commends the Administration for its continual
investment in Indian education. President Clinton has proposed a total
investment of $503.6 million for BIA school operations, an increase of $27.5
million over FY1999. This increase in school operations allows the BIA to
educate approximately 12 percent of the American Indian K-12 population and will
cover additional costs for teachers, transportation, and operations resulting
from the growing student population in Indian Country. Of the $1.4 billion
request for the hiring of 100,000 new teachers, the President proposes to spend
$6 million to recruit, hire and train BIA teachers in order to reduce class size
in the early grades. The FY2000 school operations budget supports the
President's Executive Order 13096 on American Indian and Alaska Native Education
which commits to improving the academic performance and reducing the dropout
rate of Indian students.
The recent Indian Education Executive Order also
cites the need for creating strong and safe environments for Indian students. To
help meet this goal, and in accordance with the President's call for
modernization of our schools, the Administration has requested $108.4 million
for BIA education construction, a significant increase of $48 million over
FY1999. This increase will assist in the replacement and repair of some of the
185 BIA-funded schools on reservations where 53,000 Indian students are
currently learning in facilities that present serious health and safety threats.
According to the Inspector General's office, Indian schools were in
significantly worse shape than even inner city schools. Included in this
increase is a new $30 million Indian School Construction Bonding Initiative
which will provide critically needed funds for addressing the growing backlog of
health and safety deficiencies, which currently exceeds $800 million, at
BIA-funded elementary and secondary schools. Although NCAI urges Congressional
support for S. 7, the Public Schools Excellence Act, as it would allow tribes to
utilize the funding to issue qualified school construction bonds or other
taxable bonds to replace or repair BIA- funded schools, this measure and other
various school bonding proposals continue to lack bipartisan support. Therefore,
NCAI recommends that the federal government, which is responsible for the
education of American Indian and Alaska Native students attending BIA- funded
schools, authorize and appropriate sufficient funds to complete all Indian
education construction requests.
The remaining $78 million in school
construction funds will assist in replacing older, unsafe, and dilapidated
schools, including the replacement construction of Fond du Lac Ojibway School in
Minnesota and Seba Dalkai School in Arizona. NCAI fully endorses the notable
funding increase request for school construction; however, with two- thirds of
the education facilities over 30 years old, and more than one-quarter over 50
years old, the backlog continues to grow. Therefore, by NCAI Resolution
#MRB-98-084 (attached), NCAI calls upon the Congress to support a 5-year
construction plan of the Department of Interior to eliminate the deferred
maintenance backlog of need by increasing education facilities construction,
repair, and maintenance budgets for FY2000 to FY2004 and to fully fund
BIA-funded school construction within the next five years.
The following are
NCAI's FY2000 budget recommendations for the following BIA Indian education
programs.
Tribal Priority Allocations (TPA):
1. Adult Education. This
program continues to be one of the most underfunded Indian education areas by
the federal government. For FY2000, the Administration proposes $2.6 million for
Adult Education; however, the need is $5 million to adequately fund
tribally-based adult education programs. The BIA estimates that approximately
20,000 Indian adults who did not finish high school participate in the program
in order to obtain their General Educational Development (GED) degree.
2.
Johnson-O'Malley (JOM) Program. The FY2000 request is $18 million, the same as
FY1999. The funding need for this program should not be less than $25 million in
order to provide supplemental educational services for 272,000 American Indian
students in 23 states.
3. Scholarships. The FY2000 request of $29 million
for undergraduate scholarships for American Indians has increased only $2
million since 1996 and does not allow for the increase in the number of Indian
students wishing to enter college or the increase in tuition costs which are out
pacing inflation. The needs of Indian students pursuing post-secondary education
are often neglected, especially when critically-needed programs are cut or
eliminated such as the Department of Education's Office of Indian Education
Fellowship Program.
Generally, the needs of American Indians tribal higher
education programs have not been funded at stable and/or adequate levels, and
inadequacy of funding is becoming more problematic under the TPA system.
Therefore, per NCAI Resolution #MRB-98-075 (attached), NCAI calls for the
increase in TPA allocation nationally for higher education.
Other Programs:
1. Indian School Equalization Program (ISEP) Formula. The President's FY2000
request is $312 million for this program, which provides formula-based funding
for 185 BIA-operated, grant, and contract elementary and secondary schools. The
requested amount would provide $3,199 per Weighted Student Unit (WSU) compared
to $3,125 per WSU in school year 1997-98. NCAI supports a funding level of
$3,500 per WSU and request an funding increase to meet this level.
2.
Student Transportation. The FY2000 request for student transportation is $38.8
million, a $4 million increase over FY1999. In FY1997-98 the BIA-funded
transportation cost was $1.98 per mile with 15,197 miles (School Year 1996-1997)
driven for day and boarding schools. According to the latest School Bus Fleet
information, the national average for student transportation costs in school
year 1993- 94 was $2.94 per mile for public schools. Therefore, the BIA-funded
schools, which are located primarily in rural, isolated areas, are at least $.96
below the national per mile average.
3. Tribal Departments of Education.
The FY2000 budget request, as in years past, does not include funding to assist
tribes in planning and developing their own centralized tribal administrative
entities as authorized by Pub. L. 103-382, the Improving America's Schools Act.
Per NCAI Resolution #MRB-98-003 (attached), NCAI recommends at least $3 million
for tribal departments of education to accomplish the original intent of the
1994 Act. This would be appropriate given the recent trend to convert more and
more schools from BIA to tribal control.
4. Tribal Colleges/Post Secondary
Schools. The President's FY2000 request for Tribally-Controlled Community
Colleges is $38.4 million, a $3 million increase over 1999. NCAI supports $40
million which would provide for an additional $7 million for TCCC Operating
Grants.
5. Post Secondary Schools. The FY2000 request is $14.3 million and
is an increase over FY1999 of $2.5 million. The request includes funding for
Southwestern Indian Polytechnic Institute (SIPI) and Haskell Indian Nations
University. No longer in the post secondary schools category is the United
Tribes Technical College (UTTC). NCAI requests that the amount for Haskell be
increased to $10 million since it is the only national institution dedicated
solely to the post secondary needs of Indian students.
c. Public Safety and
Justice
Of critical importance in the FY2000 BIA budget request is public
safety on reservations. As this Committee is well aware, tribal governments are
in desperate need of resources to combat crime within their communities. Last
year, Congress provided $20 million to the BIA to begin addressing the law
enforcement needs of Indian Country. This year, the Administration is requesting
another $20 million increase for the continuation of this "multi-year"
Presidential Initiative. Along with the increase in BIA funding for Indian
Country law enforcement comes a requested $124 million in the Department of
Justice for law enforcement on reservations. NCAI also supports the President's
proposed increase of $2.6 million for tribal courts. Adequate funding for tribal
courts is critical to ensuring the quality of Indian Country law enforcement
efforts through a strengthened tribal judicial system. d. Trust Funds Management
The President's FY2000 budget request includes $100 million for the Office
of the Special Trustee for American Indians (OSTAI), a significant increase of
$60.5 million over the current enacted level. Over $88 million of this proposal
targets OSTAI program operations, with $65.3 million of that figure directed at
further implementing the Trust Management Improvement Project. According to the
BIA, this project includes a complete overhaul of the Trust Asset and Accounting
Management System (TAAMS) currently used to manage trust asset accounts.
Other proposals include a $10 million continuance fund for the Indian Land
Consolidation project and a reclassification of over $2 billion in tribal trust
funds to the "non-budgetary" status, similar that of Individual Indian Monies
(11M) accounts. This reclassification serves to specifically acknowledge tribal
ownership over these trust fund accounts, while affecting no change to the
Secretary's obligations to service them.
We recommend the President's budget
increase to help the OSTAI improve the Secretary's management of these accounts
and to meet his goal of correcting a 70-year-old Indian trust fund mismanagement
problem. However, the recent turn of events surrounding the Special Trustee's
resigning under protest over the Secretary's decision to rearrange
administrative authority over trust funds management is of major concern to
tribes. The Secretary's actions seem to usurp Congress' intent to provide the
Special Trustee with more independent authority over trust fund management
activities. Proper management of Indian Trust Funds continues to elude the
federal government, even though Congress and the Administration have attempted
to correct this dysfunction.
Total reform of the current trust fund
management system may be the only formidable solution at this point. However,
legislation introduced in the 105th Congress as H.R. 2732, the Tribal Trust Fund
Settlement Act of 1998, failed to propose adequate solutions to the
mismanagement of outstanding trust accounts. This prompted the NCAI General
Assembly to adopt NCAI Resolution #GRB-98-054 (attached), which opposes H.R.
2732 and urges Congress and the Administration to meet further with tribes to
formulate legislation that will fairly and fully compensate tribes for the
damages they have suffered due to the federal government's mismanagement
practices over outstanding trust fund accounts.
NCAI strongly encourages the
Congress and the Trustee to work more collectively with tribes to find an end to
these mismanagement practices and begin reconciling outstanding accounts. The
longer we wait, the more assured it is that the overwhelming amount of
mismanaged and unidentified trust fund accounts will never be reconciled.
Therefore, it is in the best interest of all parties that the reconciliation of
IIM and trust land asset accounts are resolved immediately. NCAI urges Congress
and the Administration to stay committed, as tribes are, to achieving these
goals.
e. Indian Reservation Roads
Funding for the Indian Reservation
Road (IRR) program, which funds the construction and maintenance of public roads
that provide access to and within Indian reservations, Indian trust lands,
restricted Indian land and Alaska Native villages, is of critical importance to
Indian Country. On average, only $500 per mile and in some cases as little as
$80 per mile is available for Indian roads maintenance. In comparison, an
average of $2,200 is spent on maintaining other federal roads, and an average of
between $2,500 and $4,00 per mile is spent by states. The BIA has only been
appropriated $25 million a year for maintenance of all reservation roads in the
United States. As a result of insufficient funding, many roads in Indian
communities are not sufficiently maintained and have to be shut down during the
winter or become impassable other times throughout the year. The deteriorating
road systems negatively affect the health and economic viability of all tribal
communities.
Mr. Chairman, the Congress should fund the IRR program at an
absolute minimum of $300 million annually, as has been recommended by both the
tribes and the BIA. This would begin the process of addressing the backlog of
road construction projects. NCAI also urges Congress to provide $15 to $20
million annually for Indian reservation bridge construction and repair programs.
These funds should come from the national bridge repair program and not from the
IRR allocation. Finally, as a matter of policy, tribes should be provided direct
access to the various federal discretionary programs, such as scenic by-way
funding, highway safety, mass transit, and other programs.
f. Agriculture
In 1986, the BIA and the Department of Interior were directed to submit to
the Congress a report on the effectiveness of Federal and tribal agriculture and
range programs on the national level. This report was developed through direct
consultation with tribes and was submitted to Congress in September of 1986. The
"Indian Agriculture Working Group" was established by the BIA consisting of
tribal representatives with experience in agriculture and ranching. After a
review of all the national agriculture polices was conducted and hearings were
concluded, thirty-two recommendations were submitted to the BIA. Subsequently,
nearly all of these recommendations were included in H.R. 1425, the American
Indian Agricultural Resource Management Act (AIARMA), which was enacted into law
as Pub. L. 103- 177.
The purpose of AIARMA is to require the Secretary of
the Interior to provide for improved management of Indian agricultural lands by
working with Indian tribes to carry out numerous programs. AIARMA required that
an independent assessment of Indian agriculture land management practices be
conducted as well as final regulations be enacted within 18 months of the law
being passed; to-date, neither have been completed. Other articles include: a
preference to Indian operations for issuance and renewal of agricultural leases,
the establishment of an Indian and Alaska Native agricultural education
assistance program, and the development of a ten-year agriculture resource
management plan for each tribe's land.
The primary purpose of Pub. L.
103-177 was to establish a policy for the BIA for management of Indian trust
lands. As a basis for that policy, a need assessment to determine necessary
budgeting and staffing targets was required. To this date, no assessment has
been completed. Until this is done, Congress and the Departments will not have a
clear direction in their responses to the Indian demand of rectifying this
problem.
In 1994, the appropriated budget for this Act was $1 million
dollars, ultimately increasing to $16 million by 1998. To this date, no funds
have been appropriated for this act. The need for agricultural assistance in
Indian Country is immense and a land management plan is imperative. Therefore,
NCAI urges Congress to provide the funds to fully support Pub. L. 103-177.
In 1996, another essential act was passed. The Food Agriculture Improvement
Reform Act (Pub. L. 104-127), set forward an opportunity for an Indian borrower
who is facing foreclosure, to transfer the loan to either the BIA or the
borrower's respective tribe. Such transfers are not available under the present
BIA policy. At this time, approximately 60,000 acres of Indian trust lands are
in danger of being moved out of trust status through foreclosure. To prevent
this, the regulations under Pub. L. 104-127 must be promulgated immediately.
NCAI therefore requests that the appropriate actions be taken.
g. BIA
General Assistance Program
The 1996 Interior Appropriations Bill included
language which capped BIA General Assistance (GA) program expenditures. Such
inadequate and limited appropriations have forced BIA and tribal social service
programs to cut caseloads, leaving many potential recipients unserved. The
enactment of recent welfare reform legislation (Pub. U 104-193) places
increasing strain on this program. As tribal members exhaust benefit time limits
in Temporary Assistance for Needy Families (TANF) programs, many urban families
will return home to their reservation and their family support network. They
will also apply for GA, as they are no longer eligible to receive TANF. Without
increased funding, GA cannot serve currently eligible tribal members in
desperate need of support, let alone accommodate newly eligible recipients.
For the last several years, the BIA has been in the process of revising 25
CFR Part 20, "Financial Assistance and Social Service Program," which regulates,
among other programs, the General Assistance program. In June 1998, the BIA made
available a working draft of the regulations and met with tribes in Green Bay,
Wisconsin, for a day and a half to introduce the draft to tribes and to hear
initial comments. In this forum, tribal leaders and social service directors
voiced concerns about the dramatic impact the proposed revisions would have on
tribal communities. Participants strongly objected to the lack of tribal input
into the draft, the late release of the draft, and the lack of advanced notice
for the introductory meeting. By far, the most substantial compliant was the
lack of tribal consultation for regulations which propose to dramatically reduce
the safety net program, General Assistance, which serves Indian people.
To
date, no consultation plans have been released. Tribal communities are greatly
concerned that the lack of adequate consultation on the part of the BIA will
lead to a lack of understanding of tribal needs. Tribes anticipate that the
administration will propose draft regulations that reduce the ability of tribal
communities to sustain tribal members who are in need. For example, draft
proposals that would make the General Assistance program unavailable to persons
who have been sanctioned or terminated from an applicable TANF (Temporary
Assistance for Needy Families) program for any reason, including an inability to
find employment, are strongly objected by tribes.
Tribal communities already
manage scarce resources and stretch those as far as possible. Further reductions
in program funding and proposed program restrictions in a recently released
draft of the revised 25 CFR Part 20 serve to undermine the Congress' intent of
the General Assistance program and seriously threaten the quality of life in
tribal communities. NCAI Resolution #GRB-98-003 (attached), calls upon the BIA
to increase consultation and negotiations with tribal leaders over any proposed
changes to 25 CFR Part 20, prior to any proposed social service regulations
being forwarded to the Office of Management and Budget for clearance on
publication in the Federal Register as a Notice of Proposed Rule Making.
2.
Indian Health Service
a. FY2000 Funding
After last year's unacceptable
$2.1 billion budget request for the IHS- a mere 1.9 percent increase - the
President's FY2000 budget request of $2.8 billion is a step in the right
direction in supporting tribal health care needs. However, this total includes
an estimated $39 million in Medicare, Medicaid, and private health insurance
collections, making the adjusted Administration's request somewhere in the area
of only $2.412 billion. This adjusted total falls short of the requested minimum
of $2.62 billion tribal governments advised the Administration and Congress to
enact, minus any estimated health insurance collections, per NCAI Resolution
#MRB-98-097 (attached).
A brief analysis of the President's budget request
quickly identifies additional funding needs. The IHS reports that currently
enacted funding levels only serve 36 percent of the projected need for Indian
health care. Moreover, IHS statistics show a current inflationary rate that will
require an additional $30 million to compensate for current inflation alone. The
$400 million in increases to the FY2000 IHS budget listed below will help to
significantly address outstanding funding needs in areas such as Contract
Support, medical inflation rates, and program funding shortfalls. NCAI urges
Congress to increase the President's FY2000 IHS budget in the following
categories:
Hospitals and Clinics $76 million
Contract Health Services
$33 million
Contract Health Representatives- $5 million
Contract Support
Costs $100 million
Other Health Service Programs $100 million (including
Urban, Dental, $100 million Mental Health, Alcohol/Substance Abuse Prevention,
etc.)
Facilities $100 million (including Construction, Sanitation and
Maintenance & Improvement)
What these requested funding increases mean,
in real terms, is that thousands of American Indian and Alaska Native people
will have access to better and more increased health care services including
hospital admissions, outpatient visits, dental services, mental health and
social health services, public health nursing home visits, and community health
representative visits.
b. Contract Support Costs
The President's budget
request includes a $35 million increase in contract support costs associated
with IHS programs under tribal operation. Based on current levels of
contracting, such an increase would certainly boost the levels of contract
support payments to many tribes. But even if inflation is disregarded, it would
still leave scores of the least funded tribes underfunded in the range of
between 10 percent and 20 percent, depending upon which of several possible
methodologies is used to distribute such an increase. (Possible methodologies
include helping all underfunded tribes cover varying shares of their shortfall,
as well as methodologies directing all such new funds only to the most severely
underfunded tribes.)
At this time, it is unknown whether Congress will lift
the Section 328 moratorium, in whole or in part. For its part, IHS is now
actively exploring with Indian Country possible alternatives, including
approaches which view FY 2000 as a second "transition" or "correction" year in
which the vast majority of any effort continues to go toward addressing the
ongoing contract support crisis faced by existing tribal programs. These and
other reform issues are being actively explored as part of IHS's initiative to
revise the agency's contract support cost circular for FY 2000 by April 1999.
As with the BIA shortfall and per NCAI Resolution #MRB-98-036 (attached),
the NCAI Workgroup on Contract Support Costs has strongly urged Congress to
fully close the gap in the current IHS shortfall for FY 2000, estimated by IHS
to be $93.4 million plus unfunded pre-1999 inflation. As part of this effort
Congress should restore the Indian Self-Determination Fund to at least $12.5
million in FY 2000, and IHS should immediately begin canvassing Indian Country
to secure an assessment of new contracting requirements needed for FY 2000 and
FY 2001.
c.
c.
Contract Health Services
Contract health is
an important component of Indian health programs, particularly in areas without
IHS hospitals, where there is rapid business development, and where there are
smaller tribes that tend to be contract health services dependent due to a lack
of clinical services. To highlight the impacts of continued contract health
funding shortages, the Great Lakes Intertribal Council conducted a Wisconsin
tribes' study that identified sizable cost shifts to tribes, averaging around
$400,000 per tribe, per year for contract health services. These shifts equate
to an approximate 70 percent shortage of federal funding for tribal contract
health programs. The Wisconsin study also identified $2.6 million in tribal
contributions per year to cover these cost shifts, an amount equal to the
funding levels Wisconsin tribes received from the IHS. This snapshot of contract
health funding shortages in Wisconsin is a good example of the contract health
funding shortages experienced by tribes in most other areas of Indian Country.
Vice Chairman Inouye alluded to the concerns over cost shifting contract
health costs to tribes in his statement on Indian health care issues before this
Committee on May 21, 1998. Moreover, NCAI Resolution #GRB-98-039 (attached)
requests that Congress end the impacts of cost shifts to tribes by increasing
funding for contract health by 70 percent, the amount identified by the FY2000
Indian Health Service Budget Tribal/IHS Task Force, and encourages further study
of the issue of cost shifting, particularly for contract health services, by
Congress and the IHS.
d. Urban Indian Health
With nearly half of the
nation's Indian population living off- reservation in the urban areas of this
country, the funding needs of urban health clinics continue to grow. The
President's $3 million increase in Urban Health services is a welcomed
improvement. Tribal governments continue to share in the duties and
responsibilities of providing health care for urban Indian individuals in
conjunction with the federal government. For these reasons it is critical that
clinical services, whether they are provided by the IHS, tribal governments, or
urban Indian clinics, continue to receive increased funding to keep pace with
the ever-increasing needs of service area populations. e. Indian Health Care
Improvement Fund / Comprehensive Health Emergency Fund
Under the President's
$12 million budget proposal for the Indian Health Care Improvement Fund, $4.9
million will be lost in Special Pay Funding (physician compensation). NCAI
requests an additional $13 million allocation to this important program,
allowing IHS hospitals to compete with the private sector in attracting top
quality physicians. In addition, NCAI Resolution #MRB-98-116 (attached), calls
upon Congress to increase the regular IHS scholarship appropriation from $9.6
million to $20.9 million, providing the necessary funding to accommodate an
additional 432 health professional students in FY2000. NCAI also requests an
additional $8 million added to the President's $12 million request for the
Comprehensive Health Emergency Fund, bringing that fund's total up to the level
requested by tribes to meet the projected need in Indian Country.
f. IHS
Medicaid Per Capita Expenditures
As reported to Congress last year, a
growing disparity exists between Indian and non-Indian citizens in per capita
expenditures for Medicaid patients. Current IHS Medicaid statistics reflect a
$3,300 per capita expense for non-Indians, compared with a $1,400 per capita
expenditure for Indian patients, a disparity of nearly $2000 less expended on
Indian Medicaid patients. Per NCAI Resolution #MRB-98-111 (attached), Congress
is urged to allocate funding levels necessary to close the enormous disparity in
the per capita amount of health care costs associated with IHS hospital
facilities throughout the nation, a move that will help balance out the
inequities between Indian and non- Indian per capita Medicaid expenditures.
g. IHS Facilities Funding
Tribes have reported to NCAI that recent
fiscal year decreases in overall federal funding for IHS Facilities maintenance
and construction have left facilities struggling to keep pace with the needs of
their service areas. Old facilities continue to experience the need for major
improvements, and some service areas have grown to the point of requiring the
construction of new facilities. NCAI has two resolutions that address IHS
Facilities funding needs. The first, NCAI Resolution #MRB-98-099 (attached),
calls upon Congress to funding for the construction, maintenance and
improvements of health care facilities. The second, NCAI Resolution #MRB-98-015
(attached), seeks an additional $1.5 million in operating funds for the Lawton
Hospital in Oklahoma. This funding is necessary to better staff and operate the
only accessible hospital for several tribes in western Oklahoma.
Most IHS
facilities throughout Indian Country require specific, quantified levels of
funding to operate effectively and efficiently for the patients they serve. Many
of these facilities, like Lawton, are the only upper-level health care facility
in close proximity to remote tribal communities. Congress must continue to
address the growth of tribal health service populations and the health care
facility funding needs associated with that growth. To abandon this commitment
will create turmoil and confusion within the regions that tribal, IHS and urban
health care facilities serve. NCAI urges Congress to support the need for
increased health care facilities in Indian Country by increasing the President's
FY2000 budget request for IHS Facilities funding by $100 million.
Sanitation
facility needs continue to grow in the more remote parts of Indian Country, and
especially in Alaska Native villages. With over $1.687 billion in sanitation
deficiencies identified by the IHS as of FY1998, the President's requested
increase of $3 million falls short of any realistic commitment to improve tribal
sanitation services. NCAI urges Congress to appropriate an additional $10
million in IHS sanitation facilities funding, with $5 million earmarked for the
Alaska honey-pot eradication project.
h. Y2K Initiative
The integrity of
IHS/Tribal/Urban Indian (ITU) health care information systems are compromised by
the Year 2000 (Y2K) computer problem. Congress approved funding for FY1999 to
begin addressing the magnitude of problems surrounding Y2K. NCAI Resolution
#MRB-98-038 (attached) urges Congress to continue Y2K funding in FY2000,
allocate a portion of those funds to the Indian Health Service to adequately
address the number and diversity of ITU health information systems, and direct
the IHS area offices to conduct full consultation with ITU's over the
distribution of such funding.
i. IHS 638 Moratorium
In FY1998, a
one-year moratorium on Pub. L. 93-638 contracting and compacting of IHS programs
was enacted as part of the FY1998 IHS appropriations (Section 326). This
moratorium was extended through FY1999 as part of last year's IHS appropriations
law (Section 341). NCAI went on record both years opposing such moratoriums.
NCAI Resolution #MRB-98-046 (attached) also opposes Section 341 of the FY1999
IHS Appropriations law as a direct assault on tribal sovereignty by eliminating
the rights of Alaska tribal governments to contract or compact. This resolution
also considers the moratorium an impediment to Congress' intent of expanding
self-determination in Indian Country, and contrary to the
government-to-government relationship between tribes and the federal government.
NCAI urges Congress to repeal the IHS "638" moratorium and oppose any
legislative initiatives that would weaken any tribal authority to contract or
compact.
j. Tobacco Settlement
Tobacco Settlement legislation was a
major legislative initiative in the 105th Congress which provided significant
concerns for tribal governments. IHS statistics show that Indian people suffer
from tobacco related illnesses in far greater numbers, per capita, than any
other population sector in the United States. Because of this, NCAI's member
tribes adopted NCAI Resolution #GRB-98-011 (attached) that supports provisions
which would allocate a fair share of any new taxes or funds resulting from a
tobacco settlement to the IHS budget. This resolution also calls upon the IHS to
develop a tribal consultation process for the distribution of funds resulting
from increase tobacco taxes or tobacco settlement monies, and, in the event that
funding is directed to state governments only, states would then be required to
fund tribes at an equitable level for tobacco related illnesses.
k.
k.
IHS Self-Governance Program
NCAI commends the work of the
U.S. House of Representatives in last year's passage of H.R. 1833, which would
establish permanent authorization of the IHS self-governance program. Such
legislation was developed by tribal self-governance and non-self-governance
leaders, the IHS and the DHHS policy staff. NCAI Resolution #GRB-98-014
(attached) formally calls upon the Congress to consider and approve the passage
of permanent authorization for the IHS self-governance program as quickly as
possible.
l. Elevation of the IHS Director
NCAI Resolution #GRB-98-010
(attached) also urges Congress to elevate the IHS Director position to that of
Assistant Secretary within the DHHS. Currently, the Director of the IHS, the top
administrative official charged with carrying out the federal responsibility for
Indian health, does not report directly to the DHHS Secretary. NCAI, along with
tribal leaders and tribal health care professionals feel that in order for the
IHS to operate efficiently and effectively and have its needs best served by the
DHHS, that the head of the IHS must be elevated to the level of Assistant
Secretary. NCAI urges Congress to pass such legislation at the outset of the
106th Congress.
m. Tribal Participation in IHS Fiscal Year Budget
Development
Along with the $2.62 billion IHS FY2000 funding level request
mentioned above, NCAI Resolution #MRB-98-097 (attached) charges the NCAI to urge
Congress to direct the IHS to work collectively with NCAI, tribal governments,
the National Indian Health Board, the IHS Tribal Self-Governance Advisory Board,
the National Council on Urban Indian Health, and regional Indian health boards
to develop an IHS budget that adequately addresses the significant needs in
health care throughout Indian Country. Quality health care continues to be one
of Indian Country's top priorities. It is common knowledge that the IHS has been
historically and grossly under-funded, leading to inadequate medical services,
facilities and treatment programs within many reservations and urban Indian
communities. Because of this, Indian people continue to suffer the highest
levels of chronic diseases, infant mortality, teen suicide and substance abuse
than any other population sector in the nation. Over 1.5 million American
Indians and Alaska Natives receive health care services from the IHS. In many
remote areas of Indian Country, IHS services are the only health care services
available. As unacceptable as Indian health care statistics were during times of
enormous federal deficit, such statistics are absolutely unconscionable in times
when the federal government enjoys a sizable budgetary surplus. Congress is
urged to substantially increase the IHS budget as a way of improving the status
of Indian health and meeting the critical rise in projected health care needs
throughout Indian Country.
3. National Park Service
The Native American
Graves Protection and Repatriation Act (NAGPRA) (Pub. L. 101-601) was signed
into law to ensure that Native American human remains and sacred objects
retained by federal, state, and local governments, universities, and the museum
community, are returned to the appropriate tribes and/or descendants. The law
also ensures that burial sites on tribal and federal lands are properly
protected. Since the passage of this law, activities have intensified in a
number of areas, including the completion of summaries and inventories, as well
as a variety of successful repatriations. While the process is moving forward,
many tribes still finding themselves in very tough positions, with very little
resources and limited staff available to complete the work necessary to properly
fulfill the mandates of the law. In many cases, government agencies, museums,
and universities have resources and staff persons available to implement the
requirements of the law, while tribes must locate qualified staff and develop
new programs.
Despite a continual tribal request for NAGPRA related grants
of $10 million from FY1994 through FY1999, to date, the Administration has
requested and Congress has appropriated only a fraction of that amount, $2.4
million. This funding level is far below the projected amount necessary to
successfully comply with the provisions of the Act and well below the $10
million level. The protection and return of our ancestors and their sacred
objects is of vital concern to our member tribes and in order to be equal
partners in the NAGPRA process, tribal governments must be provided with
sufficient funding.
Another law on which many tribes rely for the protection
of cultural and historic resources is the National Historic Preservation Act
(NHPA) (Pub. L. 89-665). The National Historic Preservation Act provides one of
the few legal options available for tribes to protect sites of historic and
cultural significance. In 1992, NHPA was amended to authorize tribal governments
to assume the responsibilities of State Historic Preservation Offices (SHPO's).
The 1992 amendments also include important provisions that apply to federal
actions that would affect cultural and sacred sites outside reservation
boundaries. Not only does this language underscore current policy, including the
President's Executive Order on Sacred Sites (No. 13007), but more importantly,
the 1992 amendments added a requirement that the federal agencies notify tribal
governments and invite them to participate in Section 106 consultation if a
proposed federal action might affect a National Register site that has cultural
or historic importance to the tribe.
Currently, there are 17 tribes which
have signed agreements with the National Park Service regarding assumption of
SHPO duties since the drafting of agreements began three years ago. This has
eased the burden on many federal and state agencies, and has also opened the
door for many tribes to have direct control over the protection and preservation
of sites that are important to the community. According to the Administration,
in this year alone, it is expected that at least six more tribes will assume
SHPO responsibilities. The President's FY2000 request of $2.5 million for
historic preservation is a positive step. However, the Keepers of the Treasures
recently reported to the Administration and Congress that the needs of tribal
governments exceed $10 million. In order to preserve the vast history and
cultural traditions of our people, NCAI calls upon Congress to fulfill its
duties to Indian people and appropriate the additional funding requested, which
is necessary to protect these invaluable cultural resources.
4. Institute of
American Indian Art
The Institute of American Indian Art (IAIA) is a
national fine arts college devoted solely to the teachings and preservation of
American Indian and Alaska Native arts and culture. Since its inception in 1962,
the Institute of American Indian Art (IAIA) has educated over 4,000 American
Indian and Alaska Native students. NCAI is cognizant of the positive impact the
IAIA has on the recognition of American Indian and Alaska Native cultures via
the arts, and is strongly committed to the continuance, preservation and
enrichment of the IAIA.
The President's FY2000 budget request calls for
$4.25 million for the IAIA, a $50,000 reduction from the current enacted level
of $4.3 million. Concerns continue to mount over what seems to be a decrease in
Administrative support for the IAIA. Tribal leaders have voiced opposition to
any efforts which may seek to further reduce federal funding for the IAIA, a
move that would truly hurt Indian Country's efforts to preserve a significant
part of its cultural identity. As directed by NCAI Resolution #SFE-97-049
(attached), NCAI strongly opposes any IAIA funding decrease and encourages
Congress to continue its support for the IAIA by considering the current enacted
funding level as an appropriation minimum for FY2000.
B. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
The Department of Housing and Urban
Development (HU D) FY2000 budget request for the Indian Housing Block Grant
Program remains at the FY1999 enacted level of $620 million. The National
American Indian Housing Council (NAIHC) has determined that the base funding
required to begin to address the housing shortage in American Indian communities
is $972 million.
The National Rule Making Committee under the Native
American Housing Assistance and Self-Determination Act (NAHASDA) (Pub L.
104-330) has estimated a funding projection of $620 million; a request of this
amount simply perpetuates the funding inadequacies affecting American Indians
today. Currently, 40 percent of Indian reservation housing is considered
substandard; this is in stark contrast to the national substandard housing rate
of 5.9 percent. This disparity translates to an inadequate housing ratio of over
6:1. Despite Secretary Cuomo's recent comments on the state of Indian housing
and HUD's overall proposed budget increase of $2.5 million, no additional money
for new Indian housing was considered.
There is an estimated 200,000
homes that are considered of inadequate and/or substandard condition on Indian
reservations. For this reason, NCAI requests an additional $352 million to meet
the total need of $972 million, including $32 million to be set aside for Title
VI, a program which establishes Loan Guaranteed Subsidies to offer alternative
financing and opportunities for Indian Tribes. This enables tribes to establish
partnerships with the private sector and other financial institutions. An
additional $6 million is requested for the Section 184 Loan Guarantee Program to
be set aside for individual mortgage guarantees.
C. DEPARTMENT OF JUSTICE
There is a sharp contrast in public safety on Indian reservations verses the
rest of the United States. According to a recent report completed by the Justice
Department, American Indians are victims of violent crimes at nearly twice the
rate of the all Americans.2 From 1992 through 1996 the average annual rate of
violent victimizations among Indians 12 years and older was 124 per 1,000
residents, compared with 61 for African Americans, 49 for whites, and 29 for
Asians. This disparity in the rates of violence affecting American Indians
occurs across age groups, housing locations, income groups, and sexes. American
Indians are also more likely than people of other races to experience violence
at the hands of someone of a different race, and the criminal victimizer is more
likely to have consumed alcohol preceding the offense.
Unfortunately, many
of these violent crimes remain not only unsolved, but not even investigated, due
to a lack of law enforcement resources. For most Native Americans, the level of
law enforcement services that many Americans take for granted rarely exists on
or near Indian lands. According to the FBI's Uniform Crime Report, there are 2.9
police officers per 1,000 citizens in non-Indian communities, while on Indian
reservations there are 1.3 officers per 1,000 citizens. Only 1,600 BIA and
tribal uniformed officers are available to serve an estimated 1.4 million
Indians living on or near Indian reservations. There are only 70 jails located
within Indian reservations and only 10 are suitable for juveniles. Most of these
facilities are in deplorable and unsafe conditions.
Pursuant to the federal
trust responsibility, the United States has an obligation to maintain public
safety and criminal justice in Indian Country by supporting tribal law
enforcement and justice systems. With the current public safety crisis in Indian
Country, President Clinton has directed the Attorney General and the Secretary
of the Interior to consult with Indian tribes in developing mechanisms to better
enable the United States to accomplish its responsibility. During this
consultation process, tribal leaders and law enforcement officials unanimously
identified inadequate funding as a primary cause of the increase in violent
crime in Indian Country.
NCAI fully supports the President's $144 million
request to fund this "multi-year" joint Department of Justice (DOJ) and
Department of Interior (DOI) initiative to fight crime and bolster judicial
systems in Indian Country. The $124 million in new and redirected DOJ funding
and the $20 million in additional DOI law enforcement funding will go far in
addressing the current public safety crisis on tribal lands. NCAI fully endorses
the Administration's commitment to increasing the number of police officers and
improving the quality of detention facilities in Indian Country through
anti-crime grants to Indian governments and supports the following requests:
1. In the U.S. Attorneys Office, $3.2 million and 26 positions in additional
resources will support an initiative to augment current investigative and
prosecutorial efforts in Indian Country.
2. In the Office of Justice
Programs, NCAI also welcomes the $10 million in Drug Testing and Intervention
Program funds for grants to tribal governments. This funding will help tribes
develop and implement comprehensive systems to combat alcohol and substance
abuse in Indian Country.
3. $5 million in Tribal Courts Program funds will
help to assist tribal governments in the development, enhancement, and
continuing operation of tribal juvenile justice systems.
4. $20 million in
Title V Grants for Local Delinquency Prevention will serve Indian youth by
developing, enhancing, and supporting tribal juvenile justice systems.
5.
$34 million in State Correctional Facilities Grant Program funds will help to
construct or expand adult and juvenile correctional facilities and jails in
Indian Country.
6. $2 million will provide for important tribal criminal
statistics collection.
7. $5 million in Police Corps Program funding will
provide advanced educational opportunities for police in Indian Country.
8.
In the Community Oriented Policing Service (COPS), $45 million in COPS Public
Safety and Community Policing Grants Program funding will be for additional law
enforcement officers, equipment, and training. Mr. Chairman, the Office of
Tribal Justice and the Office of Justice Programs both serve Indian Country in
many ways, most notably, through the multitude of grant programs that have
recently been extended to tribal governments. These grant programs cover areas
such as Corrections Programs, Drug Courts, Violence Against Women, Domestic
Violence, Child Victimization Enforcement, and Juvenile Justice and Delinquency
Prevention, just to name a few. Although some discretionary grant programs
provide funding for tribal needs, such as the STOP Violence Against Women
Discretionary Grant Program's four percent set-aside for tribes and tribal
organizations, there are many other programs that do not. We urge Congress to
consider similar direct funding initiatives for all programs that have a
significant impact on tribal governments. Further, we ask that at a minimum that
the President's budget request for OTJ and related programs be maintained.
D. DEPARTMENT OF EDUCATION
For FY2000, the Department of Education has
requested $77 million of Indian education. This request will allow the
Department's Office of Indian Education (OIE) to fund formula grants to Local
Education Agencies (LEAs), restore certain discretionary funding for OIE and
national research activities through the Department's National Center for
Education Statistics (NCES). NCAI fully supports this funding for OIE as it
promotes the President's education initiatives. The following are NCAI's
recommendations regarding OIE funding by category:
1. Formula Grants to
LEAs. For FY2000, $62 million is requested OIE's formula grant program to public
schools. The Department estimates that this funding assists 461,000 Indian
students attending public schools and over 5,000 students attending BIA schools
for a total of 466,000.
2. Special Programs for Indian Children. NCIA fully
endorses the Department's effort to restore discretionary funding for certain
OIE programs. The $13.3 million request includes $3.3 million for the Special
Programs for Indian Children and $10 million for a new American Indian Teacher
Corps which would focus on the need to increase the number of qualified Indian
teacher in the field. NCAI fully supports President Clinton's new centerpiece to
recruit and train 1,000 new Indian teachers over a five year period who will
then teach in schools with high concentrations of Indian students. Of the
Nation's more than two million elementary and secondary teachers, less than one
percent are American Indian or Alaska Native. The lack of role models has
contributed to the disproportionately high drop out rates and low academic
achievement rates of Indian students. Overall, the Special Programs account, if
funded, would continue the following two initiatives: 1) demonstration grants
for early childhood and preschool education; and 2) preparation of Indians to
take positions in teaching and school administration.
3. Special Programs
for Indian Adults. Since 1996, this program has received no funding. NCAI
requests that $5 million be appropriated for this discretionary program devoted
to increasing the educational skills of Indian adults.
4. National
Activities. NCAI supports the Administration requests of $1.7 million to augment
the Year 2000 National Center for Education Statistics (NCES) Schools and
Staffing Survey (SASS) and other research initiatives. The data collection
effort would ensure that American Indian students are included in upcoming NCES
surveys that will yield additional information on American Indian learners.
5. Tribal College Executive Order.
At the release of the
Department's budget, no numbers were available for funding recommendations for
the Tribal Colleges Executive Order which was funded in FY1998 at $200,000. NCAI
has been informed by the Department that other agencies will have their
resources combined for the order's implementation.
6. The National Advisory
Council on Indian Education (NACIE). Over the past two years, NACIE has be
funded at $50,000 to carry out its congressionally mandated role as a
Departmental advisor for Indian Education. Although this funding allows for the
two required meetings per year, the fifteen-member presidentially-appointed
board has no permanent office and must rely on OIE staff to carry out minimal
functions. NCAI is concerned that the Administration's request would neglect the
inclusion of one of its own commissions, particularly in its obvious concern for
Indian education. Therefore, NCAI request that $500,000 be appropriated for
NACIE in light of their increased advisory role in the implementation of the
Indian Education Executive Order signed by President Clinton in August, 1998.
7. OIE Fellowship Program. This program was last funded in FY1996 and
represented a broad, non-targeted approach to ensuring Indian students
participated in post-secondary education. At its peak, the program allowed
approximately 150 Indian students annually to attend higher education
institutions in fields as diverse as education to medical school. Although there
has been increases in education funding, the American Indian higher education
community has not been as fortunate. Complicating the situation is the fact that
funding for higher education scholarships, at both the undergraduate and
graduate levels through the Bureau of Indian Affairs and the Indian Health
Service, have been cut over 50 percent since 1996. NCAI recommends that the
fellowship program be funded at $5 million.
E. DEPARTMENT OF HEALTH AND
HUMAN SERVICES
1. Administration for Native Americans
a. ANA Program
Overview
ANA administers its basic grant program in four distinct
categories, including: 1) the Social and Economic Development Strategies program
(SEDS); 2) an Alaska specific SEDS program primarily geared to governance; 3) an
environmental regulatory enhancement program focused on tribal capacity
building; and, 4) the native language program to preserve and revitalize native
languages. The SEDS program includes a wide range of governance projects
allowing for tribal constitution revisions and codes/ordinance development,
social projects that are based on maintaining and fostering cultural traditions,
and economic development projects covering a wide range of areas.
ANA
economic development projects include not only the development of new
enterprises but also the expansion of existing successful businesses. The
majority of economic development projects are planning grants for architectural
and engineering costs or grants that provide for economic development
infrastructure (i.e. codes/ordinances development and creation of enterprise
boards).
b. New ANA Initiatives
In FY1999, ANA began requiring a 401-(k)
retirement plan for approved applicants funded by ANA. As a part of the fringe
benefits package provided by the tribe to employees under the ANA project, ANA
will fund at least five percent of the employer's share. This initiative will
assist in creating a positive and viable retirement system in Indian Country and
has received support from a sampling of tribes.
ANA has also leveraged an
additional $1 million in ANA funding along with $1 million from the state of
Hawaii for a total of $2 million awarded in grants under the Native Hawaiian
SEDS specific program. This program will assist Native Hawaiian communities in
meeting their unique social and economic development goals.
c. Impediments
to ANA Program Grant Expansion
ANA has been at level funding at 35 million
dollars since 1995. In real terms this means that ANA has lost 20 percent of
program dollars due to the inability of the budget to keep pace with inflation.
Under current budgetary conditions, the ANA can fund only about 25 percent of
the grant applications submitted for each program. ANA could, however, fund many
more grants if funding were available. In FY 1998, for example, ANA received 549
applications but was only able to award 188 new starts.
Since 1994, ANA has
also lost 50 percent of its staffing. Of this total, one third has taken place
in the current fiscal year. ANA has gone from 33.5 FTE to 16 FTE since 1994. In
keeping with Native American preference in hiring, ANA planned on hiring Native
Americans in those vacancies that were lost. However, budgetary reductions have
stymied that goal. Staff cuts have also negatively impacted the ANA workload
both in terms of customer service and necessary monitoring and analytical work
on grant awards. FTE reductions have also impacted the mission of the
Intra-Departmental Council on Native American Affairs, chaired by the ANA
Commissioner.
Through its Native American program assistance, the ANA has
moved many tribal and Native programs from dependency on federal services, or
operating federally-mandated programs, to developing and implementing their own
discrete projects. ANA continues to serve a large and diverse base of Native
American communities and organizations, many of which have little in the way of
resources and lack sustainable economic development opportunities. NCAI urges
Congress to increase the President's FY2000 budget request of $35 million for
this agency to allow for increased grant awards and additional ANA staff. In
doing so, Congress will show its support for the tribal self-sufficiency goals
promoted by the ANA.
2. Administration for Children and Families
Within
the Administration for Children and Families lies a host of Agencies, Bureaus
and Divisions that regulate social service programs which are critically needed
in Indian Country. Unfortunately, access to these programs and services is
extremely limited, with tribal resources and consultation measuring only a
fraction of what is provided to states and other non-tribal government entities.
Agencies established for the purpose of serving tribal governments suffer the
same dilemmas as tribes- i.e., the Division of Tribal Services (DTS),
established under the DHHS/ACF to fulfill the requirements of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, Pub. L.
104-193).
The President's FY2000 budget request again fails to provide the
Division of Tribal Services (DTS) its own discretionary program authorization
and budgetary line-item. Because of this, the DTS continues to be forced to
borrow scarce resources from other agency programs in order to provide services
to tribal governments in the areas of Temporary Services for Needy Families
(TANF) and Native Employment Works (NEW) programs. The ACF has tried to provide
necessary funding to carry-out these duties, but it has become more and more
obvious that without line-item funding authorization for the DTS, the
ever-increasing needs of Indian tribes surrounding these social support programs
will not be met.
NCAI again urges Congress to immediately authorize for
FY2000, an initial $10 million budgetary line-item for the DTS. As part of this
authorization, NCAI again asks Congress to expand the DTS responsibilities
beyond just TANF and NEW, to include social support related tribal services
under the ACF including child care, child support and enforcement, and child
protection services. Creating a more streamlined approach to serving tribal
government social support program needs will benefit all parties involved in
providing, obtaining and accounting for these services. NCAI also calls upon
Congress to hold oversight hearing on welfare reform's impacts on Indian
country. In this way, tribal leaders can report directly to Congress on their
needs, goals and objectives surrounding the conversion of tribal cash assistance
populations into tribal workforce populations.Tribal governments have passed a
series of NCAI resolutions pertaining to the lack of direct programs, services,
and funding authority within the ACF. Most are tribal TANF specific, but others
cover children's issues, disabilities, etc. The following is a brief description
of these resolutions. When welfare reform was enacted, provisions in the law
called for state and tribal TANF grant funding levels to be based on FY1994 AFDC
enrollment figures of those state and tribal populations. It was quickly
apparent that accurate data from state AFDC programs did not identify Indian
AFDC recipients from non-Indian recipients. Additionally, many tribes who chose
to operate tribal TANF programs soon realized that their TANF caseloads were far
exceeding the estimated FY1994 caseload numbers.
To formally address
this issue, NCAI Resolution GRB-98-021, calls upon Congress to amend the PRWORA
to allow tribes the option of basing their TANF grant funding level formula
either upon: (1) FY1994 AFDC enrollment levels, (2) the level of actual
enrollments based on a tribe's experience in the first year of operating its
TANF program, or (3) the current level of actual enrollment. In this way, tribes
will be assured that they will receive appropriate funding levels to effectively
administer their TANF programs.
Many tribal communities are located in
remote areas, with little in the way of public transportation services, creating
very limited access to welfare-related support services and programs not
directly administered by a TANF agent. Such programs may include Medicaid
services, the Food Stamp program and others. To help consolidate these program
and service deliveries, NCAI Resolution GRB-98-046 calls upon Congress to create
a one-stop shop option for tribal TANF offices wishing to provide other support
services not directly related to TANF for their eligible members and service
area populations. This one-stop shop concept would allow Indian people to
receive such services as Food Stamps from their TANF office, along with having
their eligibility determined for programs such as Medicaid.
Consultation
with tribal governments over federal Indian program regulations have always been
minimal outside of the traditional BIA/IHS regulatory arena. Such lack of
consultation has been the experience of tribes with the promulgation of tribal
TANF regulations. This runs counter to the President's Executive Order No.
13084, which calls for increased direct consultation between tribal governments
and the federal government over issues such as regulatory development. Because
of this lack of consultation with tribes over the tribal TANF Notice of Proposed
Rule Making (NPRM), NCAI Resolution MRB-98-057 calls upon the Administration to
suspend the promulgation process until tribes have been consulted with in a
manner mutually agreed upon by tribes and the NCAI. NCAI Resolution MRB-98059,
also highlights specific changes to the current tribal TANF NPRM requested by
tribes. We ask Congress to support these tribal positions by directing the
Administration to seek further consultation with tribes over any further tribal
TANF regulatory process as well as any other federal regulatory processes that
directly impacts tribal programs and services.
In regard to the development
of tribal Child Support and Enforcement programs, the PRWORA authorizes tribal
government to apply for direct funding over an entire tribally-operated Office
of Child Support and Enforcement (OCSE) program, or direct funding for OCSE
program functions carried out by the tribe as part of a cooperative agreement
with the state over child support enforcement activities. However, the OCSE has
stated to tribes that they would not authorize any direct tribal OCSE funding
until after regulations over such tribal program functions are promulgated. NCAI
Resolution MRB-98-067 requests the OCSE provide funding prior to a final rule
being promulgated so that tribes can immediately begin building the
infrastructure and technological base to operate such a complex program. NCAI
urges Congress to direct the OCSE to adhere to the request of tribal governments
under this resolution.
Our disabled Native American population continues to
suffer from a lack of attention by the Congress and the Administration.
Disability cases in Indian country far exceed those in other population sectors
on a per capita basis, with many being disabled veterans. NCAI wishes to
highlight three resolutions that speak to the needs of our disabled people.
First, NCAI Resolution GRB-98-042, calls upon Congress to work with the
Administration, and specifically, the National Institute on Disability
Rehabilitative Research (NIDRR), the U.S. Department of Justice (DOJ), the
Rehabilitation Services Administration (RSA) and the Administration on Children
and Families (ACF) to establish and fund an American Indian Americans with
Disabilities Act (ADA) Technical Assistance Center to serve American Indians and
Alaska Natives, respectful of tribal sovereignty and cultural diversity.
Second, NCAI Resolution GRB-980-043, urges the NIDRR to meet tribal needs
for assistance with persons with disabilities by funding no less than three
Research and Training Centers (RTC's) to work with tribal people and their
governments, both on and off the reservation, in health, rehabilitation, and
employment issues. NCAI urges Congress to direct the NIDRR to comply with the
requests identified in this resolution.
Finally, NCAI Resolution GRB-98-050,
calls for the support of a National Wheelchair Recycling Project, similar to a
model project in Wisconsin. This project takes used wheelchairs destined for
scrap and refurbishes them for additional use. In addition, this project
provides a collective benefit for environmental protection, community services,
assistance for disabled persons, and a venue for volunteer accomplishments. NCAI
urges the Congress to support such noble concepts which provide mobility with
dignity to temporary or permanently disabled Native Americans throughout Indian
Country.
Many tribal communities continue to suffer from a lack of adequate
infrastructure, economic development and other community improvement factors
necessary to properly administer their own welfare reform programs. In order to
achieve these community development goals, tribes must have adequate funding for
economic development, technical assistance, data collection, construction, job
training, children and family support services, housing, transportation, alcohol
and substance abuse programs and tribal enforcement plans. If federal support is
not offered to help tribes create jobs, sustainable economies and community well
being, welfare reform may lead to forced relocation, or even starvation, for
many Native American families.
3. Administration on Aging
Three
provisions under the purview of the Administration on Aging, authorized in the
Older Americans Act (Pub. L. 89-73, as amended), are of special importance to
Native American elders. The first is aging grants for Native Americans
authorized in Title VI of the Older Americans Act. The purpose of this program
is to promote the delivery of supportive services, including nutrition services,
to older American Indians, Alaska Natives, and Native Hawaiians. NCAI requests
that the full $30 million authorized for Title VI be appropriated in FY2000.
Funding of this program provides key "front-line" services for 229 programs
serving reservation elders, including congregate and home-delivered meals,
transportation, and a wide variety of other services.
The second provision
is Aging Research and Training, also authorized in Title IV. Activities
supported under this program have helped organizations such as the National
Indian Council On Aging (NICOA) gather knowledge about the problems and needs of
Indian elders, and design and test innovative approaches to meet the needs of
this rapidly-increasing population. Additionally, funds from this program have
historically provided training funds for Title VI program directors. For FY2000,
NCAI requests an appropriation of $630,000 with at least $130,000 earmarked for
a continuing grant to NICOA to gather information on Indian elders and to
quantify their needs. The remaining $500,000 should be directed to grants for
training Title VI service providers to better serve Indian elders.
The third
provision is Ombudsman/elder abuse prevention authorized in Title VII:
Allotments for Vulnerable Elder Rights Protection Activities, Subtitle B: Native
American Organization Provisions. Subtitle B was intended to assist in
prioritizing elder rights issues and carrying out elder rights protection
activities in Indian Country. With deteriorating economic and social conditions
in many Indian communities, elder abuse is on the rise. Prevention programs for
tribes are desperately needed-yet no funds have ever been provided for Subtitle
B, despite an authorization level of $5 million. State programs currently
receive $4.5 million for ombudsman services and $4.7 million for prevention of
elder abuse programs. However, these programs seldom, if ever, reach Indian
Country. Mr. Chairman, we request that the full $5 million be appropriated in
FY2000 specifically for tribal programs as authorized in Subtitle B of Title
VII.
During the coming year, Congress is expected to take action on a number
of policy issues that will greatly impact Indian elders. Three of the more
critical issues to be debated include reauthorization of the Older Americans Act
(OAA) and the Indian Health Care Improvement Act; as well as the
Administration's proposal to establish a National Family Caregiving Support
Program, which has been included in Senator Daschle's bill, S. 10, to
reauthorize the OAA. NCAI takes the following positions on these three issues.
First, the Older Americans Act was last reauthorized in 1992, with
reauthorization long overdue. While appropriations for OAA programs can and do
occur without reauthorization, programs serving Indian elders are at risk as the
supply of discretionary funds dwindle. For this reason, reauthorization without
major changes to existing targeting language is critical.
Second,
numerous provisions in the Indian Health Care Improvement Act will require
significant modification to better serve Indian elders. When hearings are
scheduled for this purpose, the NCAI would like to voice its suggestions for
amendments.
Third, the Administration's proposal for assistance to family
care givers directs a large majority of the resources directly to states through
the OAA. Unfortunately, as proposed, it does not direct any portion of these
funds to Indian Country through the existing OAA mechanism-the Title VI program-
or directly to tribes. When these issues are heard, the NCAI would welcome the
opportunity to suggest ways to ensure that Indian care givers can also receive
adequate support.
Without exception, our tribal cultures teach us to honor
and respect Indian elders so that our elders-the living expression of our
heritage and highest values-can be teachers to us and to our children. We urge
Congress to honor this mandate by providing adequate funding for those programs
that impact Indian elders, to reauthorize the Older Americans and Indian Health
Care Improvement Acts, and to ensure that Indian care givers are adequately
recognized in any care giving assistance legislation.
4. Health Care
Financing Administration
Indian Country has become increasingly aware of the
impacts that major entitlement programs such as Medicaid, Medicare and the
Children's Health Insurance Program (CHIP) have on their communities. Because of
this, NCAI urges Congress to consider establishing direct tribal programs under
the Health Care Financing Administration (HCFA), improve tribal access to
existing HCFA programs, and mandate a significant increase in consultation
between tribes and the HCFA over such program and service entitlements.
As
highlighted above in our discussion on the IHS budget, a growing disparity
exists between Indian and non-Indian citizens in per capita expenditures for
Medicaid patients. We believe similar funding disparities exist for Medicare and
are starting to emerge for the new CHIP program. In spite of these recent
trends, recent statistics from the California Rural Indian Health Board and the
Oneida Tribe of Wisconsin show a very low enrollment of American Indian and
Alaska Native children in the CHIP program. The Balanced Budget Act of 1997,
which created the CHIP program, and current HCFA consultation on the
implementation of CHIP require state child health plans to prescribe procedures
for the delivery of health care services to Indian children. As stated in NCAI
Resolution #MRB-98093 (attached), we must find ways to appropriately address the
underlying reasons for these funding disparities and ensure that Indian people
who are eligible for these programs can benefit from them. Moreover; Congress
must focus on creating equitable funding streams from these important third
party resources to the IHS/Tribal/Urban Indian (ITU's) health care entities that
serve CHIP eligible Indian children.
There are a number of reasons that may
help explain why these disparities exist and provide clues to how we might begin
to overcome them. Many Indian people who would meet the eligibility criteria for
these programs don't complete the application process, despite efforts by ITU's
to encourage them to do so. For many, lack of transportation to distant
eligibility offices, confusion about complex applications and documentation
requirements, and inhospitable or culturally insensitive treatment by
eligibility workers are barriers. These barriers could be overcome by providing
funds for transportation and assistance with application and documentation
processes and/or hiring and training more tribal members to serve as
out-stationed eligibility workers in their own communities. These approaches
would increase outreach, provide explanations of program requirements and
benefits to tribal members, and assist applicants in navigating the eligibility
determination process.
Certain financial requirements present more difficult
barriers for Indian people in accessing these programs. Medicare requires
payment of monthly premiums and certain deductibles and co-payments. While
standard Medicaid programs do not require premiums, a number of Statewide
Medicaid demonstration programs do impose premiums for some people; both
standard and demonstration programs in some States impose co-payments for
certain services. A number of State CHIP programs also impose premium and cost
sharing requirements. Indian people receive IHS-funded services without such
requirements in recognition of the Federal trust responsibility for the health,
safety, and welfare of Indian people. To charge premiums or establish cost
sharing mandates on the delivery of health care to Indian people is offensive
and inconsistent with their belief that health care is a prepaid treaty right.
Section 404 of the Indian Health Care Improvement Act (IHCIA) already offers
a means to address most of these problems by authorizing grants and contracts
with tribal organizations. While an earlier version of the law authorized
several million dollars between FY1981 through FY1984, funds were never
appropriated and the specific funding authorization amounts were later struck
rather than continued. NCAI urges Congress to re-establish funding streams under
the IHCIA as a cost-effective way to maximize third party coverage and
collections.
Funding disparities arise not only from the difficulties ITU's
face in enrolling Indian people in Medicare, Medicaid, and CHIP, but from other
causes, including outdated limits for Medicare reimbursements for I HS and
tribal health facilities. Other Medicare-covered services, such as those
provided by freestanding clinics or by physicians and other practitioners have
become increasingly important in Indian health, as in other health care systems,
where there is increased emphasis on more cost-effective outpatient care.
However, such services non- reimbursable to IHS clinics and physicians - a
situation that Congress could easily be corrected this year in the
reauthorization of the IHCIA.The growing prevalence of managed care in the U.S.
health care system generally, and in Medicare, Medicaid, and CHIP, present
special challenges for Indian people and the ITU's that serve them. Long before
the term became popular in its current usage, Indian health programs were
managing care. Due to widespread serious health conditions and limited funds,
ITU's have long recognized and practiced early intervention, preventive care,
case management, and pre-authorization of selective referrals for specialty care
- all hallmarks of managed health care.
Despite their expertise in managing
health care services and costs, ITU's find it difficult to fit into the emerging
managed care networks that are becoming increasingly common in Medicare,
Medicaid, CHIP, and the private health insurance industry. Such networks may be
unfamiliar with, or unreceptive to, the special characteristics and needs of the
Indian health system. Some managed care systems recruit and enroll Indian people
but refuse to reimburse ITU's for covered services if the Indian person went
directly to the ITU provider they have used for years, without going through the
new managed care gatekeeper first. Case management is often done by a managed
care organization, unfamiliar with Indian beneficiaries' medical history and
cultural context. Reimbursement to ITU's, when is provided at all, is often
inadequate to cover the cost of care.
The historic Balanced Budget Act of
1997 recognized some of these difficulties by exempting Indian people from the
requirement that they be enrolled in the new Medicaid managed care State plan
process unless there were an ITU participating in the process. However, the same
protection was not extended to Medicaid managed care under the existing waiver
processes, nor to managed care under Medicare or CHIP. Managed care is clearly
the wave of the future. Exempting Indian people and health care providers may
provide some short term relief, but in the long run, such an approach may simply
produce the unintended result of leaving the Indian health system without the
means to effectively participate and receive compensation from many public and
private third party billing and collection systems.
We must look for
innovative ways to build on the strengths of Indian health providers in managing
culturally appropriate health care in ways that fit into emerging managed care
networks. For example, Congress may examine the possibility of managed care
organizations contracting with ITU's to perform gatekeeper and case management
functions for Indian beneficiaries. Another option might be to explore the use
of risk-adjusted reimbursement rates for ITU's as a way to cope with costly
health care conditions connected with many of the beneficiaries they serve. In
this way, cost overruns created from insufficient reimbursement rates developed
on an average beneficiaries health care profile, a formula that does not account
for extensive health care conditions, could be absorbed more easily.
Congressional funding for research and demonstration projects like those eluded
to above would be an appropriate way to begin addressing the concerns over
health care delivery funding disparities in Indian Country.
Another primary
reason for funding disparities may be the lack of long term care services in
Indian Country. Long term care accounts for a large and growing part of Medicaid
expenditures.
There is a growing need for such services by Indian
people; Indian elders are finally living long enough to need such care. However,
providing needed long-term care to the elderly is growing increasingly complex.
Relatives are increasingly unavailable to care for elders because they must work
outside the home. IHS funding can only provide limited home health care through
nurses and contract health representatives with no funding available for nursing
homes or assisted living services, and tribally or privately operated nursing
homes and assisted living facilities are scarce and costly to build and operate.
We are pleased that the President has chosen to focus more attention on long
term care issues in recent years. However, proposals to date, such as the tax
credit and long term care insurance, are likely to provide little help to meet
the needs of the predominantly lower income population in Indian Country. We
must have a comprehensive examination of the unmet needs and caregiving
circumstances in order to develop appropriate, cost-effective solutions. The
National Indian Council on Aging (NICOA) is beginning to develop such a study on
long- term care in Indian Country. NCAI urges Congress to support such endeavors
and use the knowledge gained from these studies to justify increased funding in
the area of long-term health care programs for Indian people.
In order to
reduce the disparities in health care spending we must address the barriers
noted above and others yet to be identified. NCAI cannot do so alone. For that
reason, we were encouraged to hear the DHHS Secretary and the HCFA
Administrator, address the NCAI 1999 Executive Council Winter Session and pledge
greater consultation with Indian Country as well as a commitment to act upon
what they hear. We also look forward to the Secretary's invitation for tribal
leaders to join in developing future DHHS budgets, beginning this Spring with
the FY2001 budget process. We have participated in the development of recent IHS
budgets and welcome the opportunity to extend this process to the rest of the
Department. NCAI encourages Congress to direct all cabinet-level departments and
their agencies within the federal government to increase tribal access to the
development of future administrative budgets.
It is important to
institutionalize mechanisms to make the government to government relationship
real and enduring in meaningful ways. State and local governments and their
representative organizations have long enjoyed recognition and procedures to
facilitate their regular input into the policies, operations, and proposals of
the Executive Branch. We request that DHHS address our current resolutions,
including NCAI Resolution #MRB-98037 (attached), which calls for Tribal
consultation on proposed Medicare reforms; NCAI Resolution #MRB-98-093
(attached), which calls for use of a portion of national CHIP outreach funds to
be used for Indian populations and having States provide copies of CHIP plans to
tribes; NCAI Resolution #MRB-98-062A (attached), which opposes any Congressional
reduction in Medicaid appropriations as part of any fiscal year budget
resolution, and NCAI Resolution #GRB-98-046 (attached), which, among other
things, calls for the DHHS to develop, with tribes, a plan that allows tribes to
determine Medicaid eligibility for tribal member Medicaid beneficiaries.
We
appreciate the DHHS issuing a consultation plan and DHHS staff efforts to begin
consultation discussions. We are also encouraged by the HCFA regional office
efforts on consultation with tribes in their states and in their willingness to
facilitate some Tribal/State dialogues. In conjunction with NCAI Resolution
#MRB-98-093 (attached), we are especially pleased with DHHS' plans to consult
with tribes on the implementation of state CHIP plans and the state mandate to
describe CHIP accessibility to eligible Indian children through HCFA regional
office consultation this spring. We also need to extend consultation beyond
regional tribal matters to develop a mechanism to address national policy
concerns in a regular and timely way.
We also appreciate the Administrator's
recognition that it is important not just to listen but to do, to act on what is
heard. In this regard, we are aware that HCFA provides resources to support
regular national meetings with state Medicaid directors, as a whole, a smaller
executive group, and through ongoing HCFA/State technical assistance groups that
work on various issues. We would like to explore with HCFA how NCAI might
jointly design a similar process for regular HCFA interaction with tribal
governments to address the disparity issues noted above, as well as other
emerging national policy issues of mutual concern.
Mr. Chairman, as
previously stated to this Committee on May 21, 1998, during an oversight hearing
on the unmet health care needs in Indian Country, NCAI urges Congress to fulfill
its fiduciary duty to American Indians and Alaska Natives and to uphold the
trust responsibility as well as preserve the government-to-government
relationship, which includes the fulfillment of health care needs of all Indian
tribes in the United States. This responsibility should never be compromised or
diminished because of any Congressional agenda or party platform. Tribes
throughout the nation relinquished their lands as well as their rights to
liberty and property in exchange for these on-going services as well as this
trust responsibility. Allowing tribal governments and their citizens a voice in
determining the priority of meeting unmet health care needs in Indian Country is
a positive step towards acknowledging the fulfillment of health care owed to all
Indian tribes.
F. DEPARTMENT OF AGRICULTURE
Within the 54.4 million
acres of Indian homelands remaining in the contiguous United States, nearly 47
million acres are used for production of crops, livestock or both. As such,
commercial agriculture in Indian Country parallels off reservation agriculture
in kind, but not in sale. Even though many farming tribes have abundant natural
resources to work with, individual operators and farming tribes are in need of
capital, more efficient administration of existing federal programs, and
technical assistance.
Since 1990, the Extension Indian Reservation Program,
authorized under the Food, Agriculture, Conservation and Trade Act, has been
servicing Indian Country on a myriad of issues ranging from crop and animal
production practices to farm business management. Each year of its existence,
funding has decreased, reducing the number of extension agents servicing Indian
Country. Currently, this program is barely surviving with 28 agents. The
President's requested budget of $5 million will cover the current applications,
but it will not enable the program to grow and furnish additional needed
extension agents. NCAI supports the requested increased amount of $5 million for
FY2000 and hopes that the Administration continues to see the value in this
program and increase funding for FY2001 so that additional agents may be
obtained.
As stated previously, Indian lands represent approximately 55
million acres, with 47 million acres made up of range and crop land. Despite
such large land holdings, many reservations are checkerboarded or fractionated,
often preventing productive use of the lands. Under the Indian Land Acquisition
Loans program, Indian tribes may obtain a loan to purchase privately held lands
that lie within the reservation. Under this statute $8,000,000 was authorized
for this program. Unfortunately, only $1,003,000 was allocated in 1999 and only
$1,028,000 has been requested for FY2000. The amount requested for FY2000 is not
sufficient to correct the fractionated land problem. Therefore, NCAI requests
that the full $8,000,000 authorized be allocated to this desperately needed
program.
In 1940, an inter-agency agreement was reached between the
Department of Interior (BIA) and the United States Department of Agriculture
(USDA) which required the BIA extend the same programs to Indians that are
furnished to every land owner in the U.S. by the USDA. In that agreement, the
BIA requested "assistance for services required in the performance of its
overall trust management responsibility." Eleven years later the BIA and USDA
entered into a memorandum of understanding to "work in partnership to improve
the delivery of programs and services to better meet the needs of American
Indians."
Both funding and staffing reductions within the BIA have resulted
in a severe decline in the condition of Indian agriculture. Per the 1940
inter-agency agreement and the memorandum of understanding, the USDA has an
obligation to assist the BIA in its overall trust management responsibilities. A
USDA full time presence on farming reservations will assist in making up for the
BIA shortfalls and bring adequate assistance from the Farm Service Agency, the
Natural Resource Conservation Service and the Farm Service Agency, Farm Lending,
back into Indian Country.
Finally, through NCAI Resolution #MRB-98-034
(attached), NCAI requests that the United States Congress take action to
establish a tribal presence at USDA by passing legislation to create an American
Indian and Alaska Native Office with sufficient financial and human resources at
the Federal level through which tribes and tribal governments may directly
access USDA services and programs.
G.
G.
DEPARTMENT OF COMMERCE
1. Minority Business Development Agency
For nearly thirty years, Indian
tribes have operated business development centers throughout Indian Country. And
yet it is only recently that the Department of Commerce, through the Minority
Business Development Agency's (MBDA) - American Indian Program, has attempted to
support these tribal initiatives.
Due to the fact that a majority of tribal
communities are located in rural and remote areas of this nation, which accounts
for the significant lack of economic opportunities available to them, Native
American Business Development Centers (NABDC's) are usually the only type of
business development centers that have direct contact with tribes and tribal
communities. The MBDA has established nine minority business development centers
on tribal lands, focusing primarily on providing technical assistance for the
growth of Indian-owned and operated business enterprises. The MBDA has also
established the Native American Program (NAP) mentioned above, to address the
special needs of Indian tribes, firms and individuals interested in entering,
maintaining or expanding their efforts in the competitive marketplace.
In
FY1999, NCAI encouraged the Department of Commerce through the Minority Business
Development Agency to establish additional tribal business centers to serve and
improve resources and services to American Indian and Alaskan Native
communities. Although additional funds were requested for the FY2000 budget
totaling $27.6 million, $600,000 more than the agency's appropriations for
FY1999, the creation of new business centers was not included in the budget.
Instead of additional NABDCs, the MBDA is expanding its digitally- based
business development services. As such, it has introduced four electronic tools
that are available to minority businesses to increase their access to markets.
The first is the Phoenix Opportunity System which electronically matches
businesses with contracting and other opportunities and automatically e-mails
the business when a match is found. The second is the Resource Locator, an
internet-based tool to locate business development resources. The third is the
Market Analyst which provides sophisticated market research to small businesses.
Finally, the fourth is the Virtual Business Centers which allows entrepreneurs
to find information on the internet about different growth markets.
NCAI
believes the majority of Native American entrepreneurs and small businesses in
Indian Country will not benefit from such computer services. Many of the Native
American business located on reservations are in the infancy stages, needing
assistance with business plans and start up capital. Therefore, many do not have
access to computers, the internet or even have the need for the more
sophisticated services that the MBDA is offering to provide.
Indian Country
in particular, with its geographic isolation, is at the forefront of need for
technology. However, without technical assistance from agencies like the
Department of Commerce to enable Native American business to get up to
technological speed, Indian County will always lag behind and ultimately never
be able to benefit from the MBDA digitally-based business development services.
The MBDA is one of the only federal agencies attempting to help tribal
governments comply with Congress' intent to create a more self- sufficient
Indian Country through the creation of economic development opportunities,
tribal jobs and sustainable economies on tribal lands. Therefore, if the MBDC
continues with this trend of increasing it digitally-based business development
services, without providing the basic technical assistance that Native American
businesses require, Native American businesses will ultimately be left behind.
NCAI will continue to request additional funding for the Minority Business
Development Agency (MBDA), and its Native American Program (NAP) which has been
made to operate at the same level of funding since 1987, despite an increase and
growing need for tribal business assistance. In the last four fiscal years,
congressional appropriations for the MBDA have been significantly reduced and
threatened with total defunding.
Congress must not forget the unique
relationship Indian tribes and Indian people have with the United States
government and, by descent, with every federal agency. By its own commitment
through treaties with the various sovereign Indian nations, the federal
government is in a "trust" position with regard to resources and the economic
future of Indian people. This relationship is different from the government's
relationship with other minority groups, and because of this, business technical
assistance to the tribes and Indian business-owners should not to be approached
or reviewed the same as other minority programs. Particularly at this time in
history, when Native Americans are just beginning to gain some opportunities to
participate in a very real way in the U.S. economy, there is a need to continue
to support and encourage self-sufficiency and self-determination in Indian
Country. Therefore, NCAI again requests Congress to increase funding for the
MBDA's NAP, an agency program that has proven it's importance in helping scores
of under served tribal communities in this country.
2. Small Business
Administration
The Small Business Administration (SBA) has not always been
well accepted or a successful program within Indian Country. A major problem is
the aversion by the traditional SBA approved lending institutions to lend to
Native Americans due to the mythical risk of dealing with tribal sovereignty and
tribal courts. As a result, Native Americans have generally gone to the Bureau
of Indian Affairs to access funding under their guaranteed loan programs.
However, the President's FY2000 budget for the SBA may initiate a change in how
Indian Country perceives and works with the SBA.
Sustainable economic
development on Indian reservations is desperately needed, with unemployment
rates on many western reservations as high as 70 percent. The President's FY2000
budget is a positive step in assisting Native Americans in accessing more forms
of lending, technical assistance and equity capital.
The majority of loans
that Native American businesses seek falls directly within the microloan realm.
Therefore, NCAI supports the requested $16 million in loan guarantees under the
Microloan program and the two-fold expansion of the number of microlenders.
NCAI also supports the appropriation request of $40.9 million for the Small
Business Investment Company (SBIC) program and the New Market Venture Capital
Companies. Included within the requested SBIC funding is the "Low and Moderate
Income" initiative which provides incentives for venture capital investing by
SBIC's in distressed communities. NCAI believes that within these programs the
Tribal Business Investment Companies (TBIC) should be specifically identified as
the vehicle to provide the incentives for venture capital on Indian
reservations. Indian reservations are largely located in rural areas that are
some of the most depressed areas in the country. As such, tribes are
encountering great difficulty in obtaining venture capital. TBIC's work solely
with Native American businesses and have the expertise to know the intricacies
of Native American business obstacles and needs. NCAI believes that a portion of
the $2.4 billion allocated to BIC's should be directed to TBIC to serve tribal
venture capital needs.
NCAI supports the $4 million request for the complete
implementation of the HUB Zones legislation to enhance government contracting
opportunities to small business located in and employing residents of Indian
reservations. This would allow Native American businesses increased
opportunities to receive federal contracts and awards.
The President's
FY2000 budget includes a New Market Tax Credit incentive that would generate $6
billion in private sector investment for business growth in low and moderate
income rural and urban communities. Investors would receive a tax credit worth
25 percent of the amount invested. NCAI supports this tax credit since it gives
tribes additional avenues to obtain capital for economic development in Indian
Country. NCAI additionally supports the $5 million requested to increase
technical assistance and executive development of 8(a) program participants,
which includes Indian reservations. This request would nearly double the funding
level provided in FY1999.
Finally, NCAI requests an increase to the $1
million request for intensive assistance and outreach through Tribal Business
Information Centers.
NCAI believes that additional TBICs are needed to
adequately serve reservations. Currently, there are 17 TBIC to serve the 557
federally recognized tribes and Alaskan Native villages. Presumably, one TBIC
will provide technical assistance to 32 different tribes. The 17 TBIC are
concentrated in 5 states, however, there are 33 states that have a federally
recognized tribes in it. As a result, the majority of tribes are not being
serviced by a TBIC and additional TBICs are greatly needed.
3. National
Telecommunications and Information Administration
As the development of
economic opportunities in Indian Country moves forward, the National
Telecommunications and Information Administration (NTIA) is playing a
significant role in the establishment of the information superhighway in tribal
communities. Leading the efforts to help tribes achieve this goal is the NTIA's
Telecommunications and Information Infrastructure Assistance Program (TIIAP),
which provides matching grants on a competitive, peer review basis for projects
that enable communities to develop their telecommunications infrastructure.
The TIIAP has been essential in promoting the development of tribal
community networks throughout Indian Country. Congress has also shown some
support for these initiatives by the introduction of H.R. 555, the Native
American Telecommunications Act of 1997, which states that "(t)he NTIA shall be
responsible for designing and proposing policy initiatives to encourage
investment in, and the deployment of, telecommunications systems on Indian
lands."
An example of programs recent funding has been able to establish is
the Alaska Pacific University Rural Alaskan Native Adult program that uses the
internet to provide training and undergraduate degrees to the underserved adult
learner.
To help ensure that this important work continues, NCAI supports
the President's FY2000 request of $20,102 million to promote tribal
telecommunications and economic development opportunities throughout this
nation's rural and disadvantaged tribal communities.
NCAI also supports the
President's request for an increase in funding by $14,055 million to $35,005
million for Public Telecommunications Facilities, Planning and Construction.
These monies will be used by the NTIA for modernizing existing communication
systems located on Indian reservations.
H. DEPARTMENT OF LABOR
With the
enactment of the Workforce Investment Act (WIA), the enduring Job Training
Partnership Act (JTPA) has been repealed; most of its various job training
programs were redesigned and incorporated into the new WIA programs. WIA
includes tribally specific programs with guaranteed funding levels for such
programs. However, the President's FY2000 budget request provides no increase
for tribal WIA programs. In fact, the President's FY2000 budget request would
allocate less funding for summer youth programs than the current level funding
provided under JTPA. NCAI urges Congress to increase funding for FY2000 tribal
WIA programs which is urgently needed for job training and related employment
programs in Indian Country.
NCAI also requests the Congress to reauthorize
the Welfare-to-Work (W- t-W) program for tribes an additional two years and to
increase the funding level for this program by an additional $30 million. Well
over 65 W-t-W plans for tribal programs have been submitted to the Division of
Indian and Native American Programs, with slightly over 100 tribes, intertribal
consortia and Alaska Native villages covered under these plans. Extension of
this program is critical, along with a much-needed funding increase, in order to
provide employment services for long- term welfare recipients into the next
millennium.
The Senior Community Service Employment Program (SCSEP),
authorized in Title V of the Older Americans Act (Pub. L. 89-73, as amended),
provides important services for Indian elders. The SCSEP funds ten national
sponsors, including the National Indian Council on Aging (NICOA), to train low
income elders through community service agencies. NCAI requests an appropriation
of $484 million, a 10 percent increase, for Title V programs in FY2000, and
maintenance of the provision for a guaranteed minimum allocated to the program
serving Indian elders. The Title V program is especially important for Indian
Country due to the significant need for many Indian elders to acquire job skills
and supplement their very limited incomes, the high rates of unemployment found
in Indian Country, and the great need for the community services these trainees
provide.
I. DEPARTMENTS OF DEFENSE
The NCAI assisted the Department of
Defense (DOD) in a coordinated effort through a year of collaboration and
consultation with Indian Country in the development of the DOD American Indian
and Alaska Native Policy. The Policy was released at the NCAI Annual Convention
in October 1998. We look forward to a successful implementation of the DOD
Indian Policy. Meaningful implementation will result in the continued funding of
several DOD programs interacting with tribal governments and Indian businesses,
some of which are tribally-owned and operated.
The NCAI supports the DOD
request under Section 8050 of not less than $8 million to work with tribal
governments on the mitigation of environmental impacts, including training and
technical assistance; related administrative support; gathering of information;
documenting of environmental damage; and, the development of a system for
prioritization of mitigation and cost to complete estimates for mitigation on
Indian lands resulting from DOD activities. In regard to Environmental
Restoration, Formerly Used Defense Sites (FUDS), we support the Department of
Army Corps of Engineers request for $225 million for remedial activities on
Indian lands. These funds are used for environmental restoration, reduction and
recycling of hazardous waste, and, removal of unsafe buildings and debris.
Last year, the DOD Office of Small and Disadvantaged Business Utilization
funding streamlined access to the "5 percent Indian Incentive for Prime
Contractors" program which provides up to $8 million to prime contractors who
utilize Indian-owned companies. This incentive program was made retroactive to
FY1997. To ensure that Office of Small and Disadvantage Business Utilization
continues to reach out to Indian Country to work with tribal and individual
Indian entrepreneurs who seeking to work with DOD contractors, NCAI supports
approval of the $8 million funding request.
J. DEPARTMENT OF ENERGY
The
Department of Energy (DOE) manages programs to mitigate and remediate Indian
lands including ceded and former Indian lands contaminated by the Cold War
legacy. Inadequate funding is detrimental to programs that institute: tribal
involvement in decisionmaking processes; shipping of high and low level
radioactive waste through Indian Country (whose jurisdictions do not have
adequate emergency response programs in place to protect people, lands and
resources); and, the siting of permanent repositories for spent nuclear waste on
former traditional lands (under an arbitrary policy which inequitably supports
non-Indian state and county governments for oversight activities, but does not
involve tribes in geographical proximity and indigenous to the area).
The
Nevada Test Site is within the traditional homelands of the Shoshone and Paiute
peoples whose culture, environment, and health has been already impacted by
federal government-sponsored atomic testing and other activities. The DOE Office
of Civilian Radioactive Waste Management (OCRWM) has performed scientific and
technical studies at Yucca Mountain on the Nevada Test Site for
a proposed high-level spent nuclear fuel and radioactive waste permanent
repository. The 16-year compilation of the Yucca Mountain
study, the Yucca Mountain Viability Assessment, was released in
December 1998. However, the Indian nations indigenous to the area do not have
the technical staff to analyze the massive data.
Last year's DOE-OCRWM
budget did not provide funding for oversight activities for the tribes
indigenous to this area. However, $16 million was given to the state of Nevada,
nine Nevada counties, and one California county (designated local units of
government under the Nuclear Waste Policy Act of 1987, as amended) for oversight
activities at Yucca Mountain. This year, $10.2 million has been
requested for non-Indian governments. NCAI asks that this Committee end the
disparate treatment of tribal governments by earmarking $5 million for tribal
involvement in the Yucca Mountain area. By funding the impacted
tribes, Congress will transform the DOE-OCRWM's arbitrary policy of ignoring the
tribes who remain in their homelands but are left out of the oversight process
at Yucca Mountain.
The NCAI Nuclear Waste Program, funded
through a DOE-OCRWM cooperative agreement, is a national information
dissemination effort to provide tribal governments with updates on the
implementation of the Nuclear Waste Policy Act of 1982, as amended.
The
long-range issues and impacts to Indian Country are significant and national in
scope, but tribes do not have adequate staff or resources to track this program.
The current NCAI Nuclear Waste Program year is the second under a renewed
five-year cooperative agreement period. The Program budget is at its lowest
funding level since its inception in 1982, and DOE-OCRWM did not request funding
to continue this highly successful program and important link to Indian Country.
In order to sustain a viable program to provide tribal leaders with relevant and
current information and assist in the interactive DOE process, the NCAI requests
the Congress to direct the DOE-OCRWM to provide annual funding to the NCAI
cooperative agreement in the amount of $300,000 as part of its trust
responsibility toward keeping tribes informed on programmatic impacts and
maintaining open dialogue with impacted tribal communities.
The NCAI is
making an effort to inform tribes located near nuclear utilities that the DOE
Office of Nuclear Energy, Science and Technology budget has $31 million in two
programs. The Nuclear Energy Plant Optimization program, and the Nuclear Energy
Research Initiative, will conduct research and development to advance nuclear
energy, and to refurbish and upgrade those nuclear utilities whose licenses will
soon expire and will have to apply to the Nuclear Regulatory Commission for
relicensing. Several tribal communities are located within the 10-mile Emergency
Planning Zone and the 50-mile Ingestion Pathway which are part of emergency
preparedness plans for nuclear utilities. A community's readiness to respond to
a radiological emergency event should be a critical is part of the overall
evaluation of a nuclear plant's license renewal. Many tribes are currently left
unprotected and at risk in radiological accident scenarios. To better protect
tribal communities in these critical geographical areas, we request the DOE
direct a portion of this funding to be shared with tribes within the 10-mile
Emergency Planning Zone and the 50-mile Ingestion Pathway Zone around commercial
nuclear reactors.
The DOE Federal Preservation Officer (FPO) is funded
through DOE Office of Environment, Safety and Health (ES&H), and oversees
National Environmental Policy Act activities. The current FPO has worked with
tribal environmental program managers and the NCAI on cultural resources
protection and management issues. We are concerned that the FPO's
responsibilities have been relegated to minimal outreach and programmatic
functions. In light of the DOE Indian Policy, this office should be expanding
its capacity to work with tribes instead of becoming less visible. Indian
country has had a positive interaction with the FPO and we now urge the Congress
to provide funding to this office for tribal outreach activities. We request the
Congress to fund this office in the amount of $500,000.
Under the DOE Office
of Environmental Management Office of Public Accountability (EM22), ten tribes
have cooperative agreements to participate in site cleanup and waste management
oversight activities. The DOE-EM program FY2000 budget request does not provide
an increase for critical tribal program continuity. Adequate tribal program
funding always has been a problem, despite the fact many federal sites slated
for cleanup are former tribal lands or ceded territory and contain significant
cultural sites. DOE-EM officials have suggested they are working to avoid
negative impacts on tribal budgets, however their budget does not reflect this
assertation. We request the Congress provide increased tribal funding for a
total of $6 million for the cooperative agreements so as not to undermine tribal
cleanup programs, and to provide funding for Indian outreach by organizations
including NCAI.
Funding for the Waste Isolation Pilot Project comes
primarily through DOE-EM. We are aware that DOE-EM has lowered funding
allocation for emergency preparedness, public information, and accident
prevention activities in the FY 2000 budget. The tribes on the WIPP
transportation corridor in the designated corridors do not have adequate
emergency response capability in the event of a radiological transportation
accident. Emergency response organizations require several years to develop. In
the interest of protecting tribal communities, NCAI requests that the DOE-EM's
WIPP emergency preparedness funding be increased to $1 million.
NCAI also
supports funding for the following tribal programs: (1) Energy Efficiency &
Renewable Energy - provides grants and technical assistance to tribes for
weatherization, wind energy systems, hydropower, photovoltaic, and renewable
energy technologies, $5 million; (2) Fossil Energy - supports oil exploration
and drilling research which is beneficial to tribes, $540,000; (3) Defense
Programs - educational and scientific outreach by national laboratories,
$750,000; (4) Economic Impact & Diversity - support for small business and
educational grants $200,000; and, (5) Bonneville Power Administration - cultural
resources for Pacific Northwest Tribes, $5 million.
Non-Indian organizations
are being provided funding to conduct forums and policy analysis about tribal
government participation and impacts. Tribal businesses and Indian organizations
are capable of doing this work, probably at a more reasonable cost. We reject
the notion that outside consulting and convenor groups like Aspen and Keystone
are receiving funding to delve into American Indian and Alaska Native issues
while they remain largely ignorant of tribal sovereignty and cultural matters.
We believe such funding should be made available to tribes and Indian
organizations, such as NCAI. A tribal organization will also protect tribal
integrity, maintain confidentiality, and prevent breaches of protocol. NCAI
respectfully requests this Committee recommend to the DOE the need change this
outdated and unproductive practice of non-Indian intrusion.
K. DEPARTMENT OF
VETERANS AFFAIRS
Adequate funding for Veterans programs is another critical
concern of Indian communities. You know first hand, Mr. Chairman, that Native
American veterans have served the United States with honor and distinction since
this nation was founded. Compared with other segments of the population, Indian
people have the highest percentage of veterans. According to the Veterans
Administration, over 160,000 American Indians have served in the Armed Forces.
Even during the Persian Gulf War, about one in three Marines who served were of
Americ descent. Our warriors also carry the proud distinction of being the most
decorated group in this country's history. Today, Native veterans have many
pressing needs such as housing, health care, benefits, and other concerns that
include issues unique to Indian country, such as the availability of service
providers to geographically remote reservations.
We are encouraged by the
Administration's continued support for the Native American Veterans Housing Loan
Program, and NCAI supports the $520,000 request within the President's budget.
The Native American Veterans Housing Loan Program provides direct loans to
veterans living on trust land. These loans are available to purchase, construct
or improve veterans' homes. The principle amount of the loan under this
authority is generally limited to $80,000, except in areas where housing costs
are significantly higher than costs nationwide. This pilot program began in 1993
and is authorized through December 31, 2001. Mr. Chairman, to date, there have
been no defaults on any loans under this program.
As you know, the United
States has an responsibility to Indian tribes and Indian people that supports
its obligations to our veterans. In Congress and the Administration's attempts
to meet the needs of Indian people, it is our hope that Native veterans programs
will continue to meet the rising needs of this nation's first warriors.
L.
ENVIRONMENTAL PROTECTION AGENCY
In 1984, the Environmental Protection Agency
(EPA) became the first agency to implement an American Indian and Alaska Native
Policy. Since that time, tribes have made progress toward regulating
environmental quality standards within their jurisdictions and in a few areas
where significant pollution has impacted the cultural integrity of their
communities. As part of its trust responsibility to Indian nations, the EPA has
slowly increased tribal program funding for tribal governments. The EPA did not
request an increase in tribal program budgets in its FY 2000 budget proposal.
NCAI respectfully requests the Congress to provide the EPA with an additional
$47.3 million above the EPA tribal programs request for FY 2000. This increase
will greatly assist tribal governments in tribal environmental quality
enhancement and mitigation.
As we point to specific EPA activities in need
of increased funding, NCAI wants to inform this Committee that it is our concern
that in the immediate two years following FY2000, tribal funding will stall at
current year levels. We ask this Committee to make an inquiry on our behalf to
the EPA to ensure that future EPA budget requests do not preclude tribal
specific funding increases if the need exists. The following four programs are
part of EPA's Operating Programs, but are funded in the State and Tribal
Assistance Grants appropriation account: the Indian General Assistance Program;
Section 106 Source Clean and Safe Water Program Water Quality Management
Planning; Clean Water Act Section 319 Non-point Source Pollution; and, Hazardous
Waste Financial Assistance.
The EPA did not increase funding for the
Indian General Assistance Program (GAP) under the Multimedia section of State
and Tribal Assistance Grants. Tribal environmental program managers view GAP
activities as the highest priority. NCAI is supportive of an increase from the
current EPA request of $42.5 million to $52.5 million for the Indian General
Assistance Program. By FY2000, we anticipate more tribes will be participating
in developing water quality management activities under Section 106 of Clean and
Safe Water Programs. Existing tribal participants are in need of expansion of
their current funding levels. NCAI requests an increase of $7.6 million for
tribal programs for a total of $25 million for Clean and Safe Water programs.
In its FY2000 budget, the EPA proposes to eliminate the statutory one- third
of 1 percent cap on Clean Water Act Section 319 Non-point Source Pollution grant
funds that may be awarded to Tribes. We support the EPA's effort to remove this
arbitrarily-derived cap. NCAI also requests $9.75 million for tribes to
implement the President's Clean Water Action Plan initiative. Inherent tribal
regulatory authority gives rise to tribal governmental responsibility for
illegal dumping and hazardous waste disposal and management problems. In order
to comply with the Resource Conservation and Recovery Act, NCAI requests $6.25
million to develop tribal programs to implement RCRA and hazardous waste
management programs.
Tribal governments are responsible for protecting the
health and welfare of their citizenry. Emergency preparedness and planning are
requisites for ensuring protection of tribal communities. The Superfund
Amendments and Reauthorization Act of 1986 (SARA Title III), presents tribes
with an unfunded mandate of compliance for emergency planning, and ability to
respond to chemical emergencies. NCAI urges Congress to provide $13.7 million to
establish Tribal Emergency Response Commissions (TERC) and Local Emergency
Planning Committees (LEPC), as required under SARA Title III.
M. FEDERAL
EMERGENCY MANAGEMENT AGENCY
The Federal Emergency Management Agency (FEMA)
released its American Indian and Alaska Native Policy at the end of 1998. We
applaud FEMA for embracing the NCAI's longstanding recommendation for the agency
to adopt an Indian policy. However, FEMA is one of the few remaining agencies
requiring significant policy and regulatory changes to firmly establish tribal
programs on a government-to-government level. Indian Country is looking forward
to a successful partnership with FEMA. In establishing a solid relationship and
implementing tribal outreach and service delivery, FEMA will need to make every
effort to remove all programmatic barriers.
Indian Country inhabitants
remain at risk without adequate emergency preparedness and response mechanisms
in place to protect them. When disaster declarations are made, tribal
decision-makers are left out of the loop. Indian Country has always been at an
economic disadvantage to repair community infrastructure following natural and
manmade disasters.
Currently most FEMA money is disbursed to states with the
intent that the states will share with tribes. In the absence of FEMA oversight,
state money often does not reach tribal programs. Even if funds were provided to
tribes through state agencies, such a procedure violates a
government-to-government relationship with tribes. Although FEMA will reimburse
tribes following a disaster declaration, most tribes believe the best strategy
is a proactive approach utilizing funding for prevention and preparedness. The
best way for tribes to achieve funding parity with state governments and to
participate in programs is to implement set-aside programs. For these reasons,
NCAI requests a tribal set-aside of not less than $5 million for emergency
prevention and preparedness for tribal governments.
Under the Policy and
Regional Operations activity, FEMA has requested $1.5 million for strategic
planning, regional policy coordination, and intergovernmental affairs. As a step
toward tribal readiness, it is our understanding FEMA will utilize $500,000 for
tribal pilot programs. Five tribes will be selected for this program at an
average of $100,000 per year. Although we support the pilot program initiative,
we believe the amount requested will not allow tribal governments to effectively
improve emergency management in tribal communities within a one year time frame.
NCAI urges the Congress to increase the Policy and Regional Operations activity
budget by $1 million and direct FEMA to operate the five tribal pilot programs
for two years and at the same funding level each year.
NCAI also plans to
approach the Congress in the near future regarding assistance to tribal leaders
in resolving the matter of disparity in declaration of emergencies in Indian
Country. The Stafford Act is an inequitable law that usurps the sovereignty of
tribal governments in protecting tribal communities during disaster situations.
FEMA has interpreted the absence of tribal-specific language as a preclusion to
emergency preparedness funding for tribes. Because of the nature of disasters
and unmet needs in Indian Country, tribes should be equitable partners regarding
disaster declaration issues.
IV. Conclusion
Mr. Chairman, we urge the
Congress to fulfill its fiduciary duty to American Indians and Alaska Native
people and to uphold the trust responsibility as well as preserve the
Government-to-Government relationship, which includes the fulfillment of health,
education and welfare needs of all Indian tribes in the United States. This
responsibility should never be compromised or diminished because of any
Congressional agenda or party platform. Tribes throughout the nation
relinquished their lands as well as their rights to liberty and property in
exchange for this trust responsibility. The President's FY2000 budget request
acknowledges the fiduciary duty owed to tribes. We ask that the Congress to
maintain the federal trust responsibility to Indian Country and continue to aid
tribes on our journey toward self-sufficiency. This concludes my statement.
Thank you for allowing me to present for the record, on behalf of our member
tribes, the National Congress of American Indians' initial comments regarding
the President's FY2000 Budget. I will be happy to answer any questions you may
have at this time.
(NOTE: ATTACHMENTS NOT TRANSMITTABLE)
*****FOOTNOTES*****
1 See generally "Indian-Related Federal Spending
Trends, FY1975-1999", Congressional Research Service (CRS), February 1998.
2
American Indians and Crime, Bureau of Justice Statistics, February 1999.
END
LOAD-DATE: February 26, 1999