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DEPARTMENT I OF THE INTERIOR AND RELATED AGENCIFS APPROPRIATIONS FOR 1998

HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTH CONGRESS FIRST SESSION

SUBCOMMITTEE ON THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES RALPH REGULA, Ohio, Chairman JOSEPH M. McDADE, Pennsylvania SIDNEY R. YATES, Illinois JIM KOLBE, Arizona JOHN P. MURTHA, Pennsylvania JOE SKEEN, New Mexico NORMAN D. DICKS, Washington CHARLES H. TAYLOR, North Carolina DAVIDE. SKAGGS, Colorado GEORGE R. NETHERCU'IT, JR., Washington JAMES P. MORAN, Virginia DAN MILLER, Florida ZACH WAMP, Tennessee NOTE: Under Committee Rules, Mr. Livingston, as Chairman of the Full Committee, and Mr. Obey, as Ranking Minority Member of the Full Committee, are authorized to sit as Members of all Subcommittees. DEBORAH WEATHERLY, LoRE'ITA BEAUMONT, JOEL KAPLAN, and CHRISTOPHER TOPIK, Staff Assistants

PART 6 Page Public Witnesses for Indian Programs ...... 1 Additional Testimony ...... 416

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V -: V 1997 111111111111111 II II III I II LSCM117796

Printed for the use of the Committee on Appropriations

DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS 'FOR 1998

HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTH CONGRESS FIRST SESSION

SUBCOMMITTEE ON THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES , RALPH REGULA, Ohio, Chairman JOSEPH M. McDADE, Pennsylvania SIDNEY R. YATES, Illinois JIM KOLBE, Arizona JOHN P. MURTHA, Pennsylvania JOE SKEEN, New Mexico NORMAND. DICKS, Washington CHARLES H. TAYLOR, North Carolina DAVID E. SKAGGS, Colorado GEORGE R. NETHERCUTI', JR., Washington JAMES P. MORAN, Virginia DAN MILLER, Florida ZACH WAMP, Tennessee NOTE: Under Committee Rules, Mr. Livingston, as Chairman of the Full Committee, and Mr. Obey, as Ranking Minority Member of the Full Committee, are authorized to sit as Members of all Subcommittees. DEBORAH WEATHERLY, LoRETTA BEAUMONT, JOEL KAPLAN, and CHRISTOPHER TOPIK, Staff Assistants

PART 6 Page Public Witnesses for Indian Programs ...... 1 Additional Testimony ...... 416

Printed for the use of the Committee on Appropriations

U.S. GOVERNMENT PRINTING OFFICE 40-073 0 WASHINGTON: 1997

For sale by the U.S. Government Printing Office Superintendent of Documents, Congressional Sales Office, Washington, DC 20402 ISBN 0-16-054933-7 COMMITTEE ON APPROPRIATIONS BOB LMNGSTON, Louisiana, Chairman JOSEPH M. McDADE, Pennsylvania DAVID R. OBEY, Wisconsin C. W. BILL YOUNG, Florida SIDNEY R. YATES, Illinois RALPH REGULA, Ohio LOUIS STOKES, Ohio JERRY LEWIS, California JOHN P. MURTHA, Pennsylvania JOHN EDWARD PORTER, Illinois . NORMAND. DICKS, Washington HAROLD ROGERS, Kentucky MARTIN OLAV SABO, Minnesota JOE SKEEN, New Mexico JULIAN C. DIXON, California FRANK R. WOLF, Virginia VIC FAZIO, California TOM DELAY, Texas W. G. (BILL) HEFNER, North Carolina JIM KOLBE, Arizona STENY H. HOYER, Maryland RON PACKARD, California ALAN B. MOLLOHAN, West Virginia SONNY CALLAHAN, Alabama MARCY KAPTUR, Ohio JAMES T. WALSH, New York DAVID E. SKAGGS, Colorado CHARLES H. TAYLOR, North Carolina NANCY PELOSI, California DAVID L. HOBSON, Ohio PETER J. VISCLOSKY, Indiana ERNEST J. ISTOOK, JR., Oklahoma THOMAS M. FOGLIETTA, Pennsylvania HENRY BONILLA, Texas ESTEBAN EDWARD TORRES, California JOE KNOLLENBERG, Michigan NITA M. LOWEY, New York DAN MILLER, Florida JOSEE. SERRANO, New York JAY DICKEY, Arkansas ROSA L. DELAURO, Connecticut JACK KINGSTON, Georgia JAMES P. MORAN, Virginia MIKE PARKER, Mississippi JOHN W. OLVER, Massachusetts RODNEY P. FRELINGHUYSEN, New Jersey ED PASTOR, Arizona ROGER F. WICKER, Mississippi CARRIE P. MEEK, Florida MICHAEL P. FORBES, New York DAVIDE. PRICE, North Carolina GEORGE R. NETHERCUTT, Jn., Washington CHET EDWARDS, Texas MARK W. NEUMANN, Wisconsin RANDY "DUKE" CUNNINGHAM, California TODD TIAHRT, Kansas ZACH WAMP, Tennessee TOM LATHAM, Iowa ANNE M. NORTHUP, Kentucky ROBERT B. ADERHOLT, Alabama JAMES W. DYER, Clerk and Staff Director

(II) DEPARTMENT OF THE INTERIOR AND RELAT- ED AGENCIES APPROPRIATIONS FOR 1998

TliuRsDAY, MARCH 6, 1997. TESTIMONY OF MEMBERS OF CONGRESS AND OTHER INTERESTED INDMDUALS AND ORGANIZATIONS BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESS KEITH TINNO, SHOSHONE-BANNOCK TRIBES Mr. REGULA [presiding]. Good morning. Nice to see all of you. We are going to get started because we have a long list of witnesses today. The testimony that each of you have written will be made part of the record. You will have five minutes. I'll give you a warning if you run over time. We simply have to stay to the five minute rule because otherwise someone else will get cheated out of their time. We'll try to keep moving. We have a lot to cover. Our first witness today will be the Shoshone-Bannock Tribes, Keith Tinno. Mr. Tinno. Mr. TINNO. Good morning, Mr. Chairman. Mr. REGULA. Good morning. Mr. TINNO. My name is Keith Tinno. I am the chairman for.the Shoshone-Bannock Tribes in southeast Idaho. I come here before you today as a representative of my government to speak with you and your committee Members, more or less requesting for the 1998 appropriation request. I will begin with the educational funding request in the amount of $450,000. While the past's trend on educational funding point downward, the number of Indian students desperately needing educational funding, the funding request needs to increase. We have over 1,400 children from grades kindergarten through 12th grade in our local area, both on and off the reservation. We will desperately need a level of funding that will enable us to address the problem issues of the children for education purposes and also for the community to maintain the proposed BIA funding request of $467 million for the school operation to ensure that our newly completed Sho-Ban High School can provide adequate textbooks, curriculum for the students as enrollment continues to grow each year. . For our fish and wildlife department, we are requesting funding of $311,023. We have a wildlife refuge that is larger than any other wildlife refuge in the State of Idaho. Yet we receive a comparative (1) 2 fraction of the State's allocation. The only source of funding is through the Bureau of Indian Affairs. We have an official role as protectors and managers of migratory birds and wildlife, but without adequate funding, we will witness the diminishment of those creatures our Creator put on mother Earth here. We have suffered a huge cut in funding in this line item over the last two years, and ·request for that funding. Our next request is for vocational rehabilitation funding. We are requesting the amount of $369,360. More or less our reservation and like many others over the years have been ravaged by problems with drug addiction, fetal alcohol syndrome, and numerous other social ills. In order to provide a comprehensive vocational rehabilitation program for our tribal members, a substantial increase in funding is needed, and funds to help treat, prevent, prepare our people for gainful employment and a constructive place in today's society. For our tribal court system, we are requesting $2,259,208.34. Congressional appropriations are of vital importance to the basic function of our tribal courts. The funds authorized for the basic functions of the Tribal Court, the BIA specifically for Indian programs is under the Tribal Court Justice Act are necessary and justified to the maximum limits, notwithstanding the fact that our 1998 proposal covers only the bare minimum for basic operations. Approval of our request would provide strong evidence of the commitment of the Federal Government to uphold their trust responsibility. Approval of this funding would support the trust responsibility as well as restore and strengthen the overall legal system of the Tribes. For economic development funding, $200,000. Our potential growth of economic development arena is unlimited. We have the land, the water, and the people. Mr. REGULA. You have one minute. Mr. TINNO. And we wish not to remain ever dependent on Con- gress, but more or less to develop our economic development. Home improvement program, requesting $729,000. We have several tribal members that didn't receive adequate funding to repair their homes, so they are without water and electricity and the necessary sanitation. Mr. REGULA. Thank you very much. Mr. TINNO. Thank you. [The information follows:] 3

TESTIMONY OF KEITH TINNO CHAIRMAN OF THE SHOSHONE-BANNOCK TRIBES OF IDAHO BEFORE THE HOUSE APPROPRIATIONS SUBCOMMITTEE ON THE INTERIOR AND RELATED AGENCIES MARCH 6, 1997

Good Morning Mr. Chairman and esteemed Committee members. My name is Keith Tinno, Chairman of the Shoshone-Bannock Tribes of Idaho. Thank you for the opportunity to testify before the Committee today concerning my Tribes' 1998 congressional appropriation needs.

DESCRIPTION OF THE SHOSHONE-BANNOCK TRIBES OF IDAHO:

I come before you today as a representative ofmy government, to speak with all of you -- as representatives of your government -- with respect, and with the sincerest desire that our meeting today will be fruitful for all.

We are one of the five major Indian tribes in the state ofldaho. Counting last week's birth and death statistics, we number 3,968 enrolled tribal members occupying just over one half a million acres in the southeast corner in the state ofldaho.

Once a year we make our annual pilgrimage to Washington, D.C. to secure the cooperation and assistance of Congress in meeting the U.S. Government's trust responsibility with our Indian people. Once again, thank you for that opportunity.

After having read President Clinton's generous BIA budget request for the 1998 year, we found it to be a refreshing change from the familiar cuts we have endured in the past. The Tribal Priority Allocation funds proposed by President Clinton are the life blood for most Tribes; without which many ofus could not survive. We would request the TP A levels be increased to FY 1995 levels to assure that the basic funding needs of Indian people are met.

I will begin the list ofmy Tribes' funding requirements with our educational needs:

EDUCATION FUNDING: ($450,000.00)

While the past year's trend on educational funds point downward, the number oflndian students desperately needing educational funding continues to increase.

We have· over 1,400 Indian students in grades K through 12 in the local service area -- on and off our reservation. The failures of off-reservation school districts to adequately prepare our sons and daughters to succeed in America's job market is well documented.

Factors unique to Indians raised on a reservation are significant barriers to their eventual success and well being. We desperately need a level of funding that will enable us to address these issues.

We would urge the committee to maintain the proposed BIA funding request of $467 million for School Operations to assure that the newly completed Sho-Ban High School can provide adequate textbooks and curriculum for the students, as enrollment continues to grow each school year. 4

FISH AND WILDLIFE FUNDING: ($311,023.00)

Our tribes have a wildlife refuge that is larger than any other wildlife refuge in the state ofldaho; yet we receive a comparative fraction of the State's allocations. Our only source of funding is through the BIA.

We value our official role as protectors and managers of migratory birds and wildlife, but without adequate funding, we will witness the diminishment of those creatures our Creator put on mother earth. We have also suffered huge cuts in funding in this line item over the past two funding years.

VOCATIONAL-REHAB FUNDING: ($369,360.00)

Our reservation, like many others over the years, has been ravished by alcoholism, drug addiction, fetal alcohol syndrome, and numerous other social ills. In order to provide a comprehensive vocational rehabilitation program for our tribal members, a substantial increase in funding is needed. The funds are needed to prevent, treat, and prepare our people for gainful employment and a constructive place in today's society.

TRIBAL COURT SYSTEM: ($2,259,208.34)

Congressional appropriations are vitally important for the basic function of our Tribal Court. The funds authorized for the BIA, specifically for Indian programs, and under the Tribal Court Justice Act are necessitated and justified to the maximum limits -- notwithstanding the fact that our 1998 proposal covers only the bare minimum for basic operations. Approval of our request would provide strong evidence of the commitment of the federal government to uphold their trust responsibility.

The approval of this funding would support that trust responsibility as well as restore and strengthen the overall legal system of the Tribes. We operate a general jurisdiction misdemeanor court with exclusive civil jurisdiction on the Fort Hall Reservation.

ECONOMIC DEVELOPMENT FUNDING: ($200,000.00)

Our growth potential in the economic development arena is unlimited. We have the land, the water, and the people, but without adequate federal funding, our dreams of economic self-sufficiency and self-determination will remain just that -- dreams.

It is not our wish to remain ever dependent upon Congress and their cyclical mood swings in their relationships with Indian tribes.

There is an appropriate saying that goes, "Feed a man a fish, and you feed him for a meal. Teach a man how to fish and he will feed himself for a lifetime." With Congressional help, we will develop the means to feed ourselves, and not create a yearly federal dependency.

TESTIMONY OF THE SHOSHONE-BANNOCK TRIBES - 3/6/97 2 5

HOME IMPROVEMENT -HIP- FUNDING: ($729,000.00)

Because of last year's congressional short-fall, our program had only enough money to fund repairs done in 1995, resulting in little or no repair work done in 1996.

Our IIlP program is intended to help our tribal members live in safe, decent, and sanitary housing. Unfortunately, this is one of the first programs to be cut in last year's budget reductions .•

As a result, we currently have over 200 homes in dire need of renovation. Without these renovations; some of our members have gone without heat, water, or sanitation facilities.

As their elected leader, you can understand my shame and frustration in not being able to provide the barest necessities of human dignity for my people.

ENVIRONMENTAL: ($200,000.00)

Our reservation is sandwiched between two cities which have instituted well-funded EPA directed waste management programs. Because their programs require their residents to pay for their waste disposal, a great many of those residents are coming onto our reservation dump their waste.

We do not have facilities, manpower, or equipment to handle our own waste generation, let alone police the disposal habits of our neighboring communities.

These funds will allow us to meet our EPA directed waste management requirements, and to prevent our reservation from becoming a dumping ground for non-reservation residents.

HUD HOUSING:

Housing on all Indian reservations has long been a much-neglected priority in Congressional appropriations. It is no different on our reservation. The requirement for basic subsistence housing increases each year as Indian populations grow. However, appropriations to meet these increasing needs diminishes - leaving an ever widening gap between what is needed and what is available for all Indians. On our reservation, it not uncommon to see several extended families living under one roof because there is not enough HUD funding to go around. And I suspect it is no different on other reservations.

Mr. Chairman, the Native American Housing Assistance and Self-Determination Act of 1996 specifically states the Federal assistance should be made available to meet our h<:>Using needs.

Perhaps in the high and hallowed halls of Congress this Act ~sjust words put upon paper. But to us, it is the U.S. Government's promise to honor their trust responsibility. We, respectfully, request no less.

TESTIMONY OF THE SHOSHONE-BANNOCK TRIBES·- 3/6/97 3 6

LAW ENFORCEMENT FUNDING: ($2,506,621.00)

Because the BIA funding has been reduced in the past, many of their programs have been assumed by the Tribes. One of those programs is law enforcement As much as we want to have our own police, we have found that we are woefully short on trained personnel, equipment, and funding.

Each new generation of young people brings a whole new set oflaw requirements into pJay. Requirements which have kept our police force stretched beyond their ability to control it.

In my day, just drinking a beer was enough to bring shame upon my family. In today's reservation environment of gangs, drugs, alcohol, vandalism, assault, domestic violence, child abuse, and a hundred other crimes I did not even know existed, our police force has become a police force in name only.

Mr. Chairman, to say that we have lost control is an undtirstatement! We are in desperate need of modern jail facilities, tactical weapons, radio equipment, police vehicles, and adequately trained police officers. I pray that your committee will pay special attention to this critical need.

And finally, Mr. Chairman, our Tribes have recently received a copy of the draft "Strategic Plan to implement the Reforms Required by the American Indian Trust Fund Management Reform Act of 1994". While certain aspects of this plan have considerable merit, we are nonetheless concerned that some aspects of the plan may need additional study. The most significant item proposed in the current draft is the creation of an independent organization, outside of the Department oflnterior, which would assume all trust asset management functions. Although intriguing, we would like to suggest a cautious approach before any appropriations actions are taken by Congress. The area of Trust Assets such as land requires Tribal decision-making and consultation. We will continue our review and actively participate with other tribes in evaluating this innovative approach. As you may recall, past plans made by others for Indians have not always worked well without our participation. Please be assured, we will communicate our review with your Committee as the process moves forward.

Thank you, sir, for your attention and for your consideration.

TESTIMONY OF THE SHOSHONE-BANNOCK TRIBES - 3/6/97 4 7

TlluRsDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESSES MIKE FOX, INTERTRIBAL BISON COOPERATIVE MARK HECKERT, INTERTRIBAL BISON COOPERATIVE LOUIS LaROSE, INTERTRIBAL BISON COOPERATIVE Mr. REGULA. We'll take one more witness, then we'll have to go vote. Mr. Fox. Good morning, Mr. Chairman. Mr. REGULA. Good morning. Mr. Fox. My name is Mike Fox. With me today is Mark Heckert, Executive Director, and Louis LaRose from the Winnebago Tribe of Nebraska. Mr. REGULA. Okay. Mr. Fox. As I said, I am Mike Fox, president of the InterTribal Bison Cooperative and Buffalo Manager of the Fort Belknap Buf- falo Project. I thank you for the opportunity to present testimony before the House Subcommittee on Interior and Related Agencies at this hearing concerning the President's budget. The ITBC requests $6.5 million in funding for Fiscal Year 1998. The ITBC is comprised of 37 American Indian Tribes in 16 States, dedicated to the restoration of buffalo to Indian people for economic development, cultural enrichment, and environmental restoration. The restoration of buffalo is acknowledged to be a key to a sustainable future for Indian people The ITBC is the conduit for the creation of a successful lasting buffalo industry in Indian country. The goal of the ITBC is restoration of buffalo in Indian lands for development of buffalo herds and related economic development projects. The long range goal of the ITBC is for Tribal herds to reach a point of economic self-sufficiency and further, to become an economic development tool through the sale of buffalo meat and by- products such as heads, hides, skulls and horns. Buffalo may be the only feasible natural resource of the grasslands of the great plains. The ITBC has been very successful. In 1991, there were seven Indian tribes raising buffalo. Those seven tribes had a total of 1,500 animals with little or no economic activity. By 1997, after only five years of operation through the support and technical assistance of the ITBC, over 30 tribes have initiated or expanded the bison management programs. There are over 8,000 animals managed by these tribes. Most importantly, over 200 jobs have been created directly or indirectly through the development of this industry. In terms of product, these tribal programs· have taken the first steps towards becoming self-sufficient and profitable operations. Mr. REGULA. I would like to ask you a quick question rather than have you read all this. Mr. Fox. Sure. Mr. REGULA. How many tribes are in the co-op? 8 Mr. Fox. We have 37 tribes in 16 States. Mr. REGULA. And each of the 37 is raising buffalo? Mr. Fox. Thirty of the 37 are currently raising. Mr. REGULA. Eventually the others will be involved too? Mr. Fox. Absolutely. Mr. REGULA. Do you use a central marketing approach or do they each market on their own? Mr. Fox. Currently all the herds are in development except for about five. Mr. REGULA. So you really aren't ready to market to some extent yet? Mr. Fox. No. But we are already working towards business by a cooperative marketing for the buffalo. Mr. REGULA. The slaughtering is done on the reservation or is there a central slaughtering house? Mr. Fox. It is done locally at this point. We're looking at a possible slaughter where we can cooperative market the meat. Mr. REGULA. So this is a new organization in a sense to promote the development of buffalo herds in each of the tribes as an economic program? Mr. Fox. Yes. Mr. REGULA. And to market the products, hides, meat, et cetera. Mr. Fox. Right. Mr. REGULA. And I presume you will share breeding stock? Mr. Fox. That's one of our major operations right now, is sharing breeding stock. Mr. REGULA. You're going to have to move your bulls around because otherwise you get inbreeding. Mr. Fox. Absolutely. Mr. REGULA. Do you want to comment? Mr. HECKERT. Yes. I was just going to say it's ironic that we're in the process now of trying to build up these herds, while at the same time the State of Montana and the U.S. Government has just reached the point of slaughtering 1,000 buffalo in Yellowstone Na- tional Park. We are trying to work with the Government both-- Mr. REGULA. Is that because of brucellosis? Mr. HECKERT. Yes. There's a possible threat of brucellosis. We proposed a plan that would take care of that problem, as well as getting the clean buffalo out. Mr. REGULA. What do you need, some money to do this? Is that what you are asking for? Mr. Fox. Part of our request is $2 million for the facility to remove and help eradicate the brucellosis from the Yellowstone bison. Mr. REGULA. Has this received any money? Oh, yes we provided $638,000 last year. Mr. HECKERT. It was specifically for tribal projects. Mr. REGULA. And you want $6.5. Mr. HECKERT. Million. Mr. REGULA. Million, yes. Well it's not likely we'll have that kind of money, but we'll take a look at your request. Mr. HECKERT. We do have the concurrence of the National Park Service, Department of Interior in the State of Montana. Mr. REGULA. They support your program? 9

Mr. HECKERT. Yes. They do. Mr. REGULA. Okay. Well, thank you very much for coming. [The information follows:] TESTIMONY TO THE UNITED STATES CONGRESS, HOUSE OF REPRESENTATIVES, COMMITTEE ON APPROPRIATIONS COMMITTEE ON INTERIOR AND RELATED AGENCIES MARCH 6, 1997 INTERTRIBAL BISON COOPERATIVE, RAPID CITY, SOUTH DAKOTA REPRESENTED BY MIKE FOX, PRESIDENT, INTERTRIBAL BISON COOPERATIVE

I am Mike Fox, President of the lnterTribal Bison Cooperative (ITBC) and Buffalo Manager of the Fort Belknap Buffalo Project. I thank you for the opportunity to present testimony before the House Subcommittee on Interior & Related Agencies at this hearing concerning the President's Budget. The ITBC requests $6.5 million in funding for FY1998. The ITBC is comprised of 37 American Indian Tribes in 16 states (list attached) dedicated to the restoration of buffalo (American Bison) to Indian people for economic development, cultural enrichment, and environmental restoration. The restoration of buffalo is acknowledged to be a key to a sustainable future for Indian people, and the ITBC is the conduit to the creation of a successful, lasting buffalo industry in Indian Country. For thousands of years, the buffalo took care of the Indian. Following the circle of life that Indian people believe in, it is now time for the Indian people to care for the buffalo. The buffalo reached a point where only a few hundred animals existed. The buffalo are once again thriving in North America, and the ITBC and its' member tribes are playing an essential role in the comeback of the great american buffalo. The ITBC's headquarters is located in Rapid City, SD. The ITBC and member tribes' buffalo projects are currently funded through appropriations at a level of $638,000. This is the amount the President has requested for the ITBC in FY98. We also request Congress specifically identify "ITBC designated projects" as the recipient of any funding. This is very important. The ITBC is a cooperative with 100% of the appropriated funds going toward the support and development of tribal buffalo business ventures. An important aspect of the ITBC is the cooperative agreement that member Tribes have reached in regard to the sharing and distribution of the funding. ITBC funding is distributed to all the member Tribes. The goal of the ITBC is restoration of the buffalo on Indian lands through the development of buffalo herds and related economic development projects. The long range goal of the ITBC is for Tribal herds to reach a point of economic self-sufficiency and; further, to become an economic development tool through the sale of buffalo meat and by-products, such as hides, heads, skulls, horns, and other products derived from buffalo. Buffalo may be the only feasible natural resource of the grasslands of the great plains. The ITBC was created in 1991 as a Bush Administration initiative within the Department of Interior to develop areas of the country where few other economic projects had been successful. The ITBC has consistently been funded through Interior - BIA appropriations since 1991. Those funding levels are as follows: FY95 -$648,000. FY96 -$638,000 and FY97 -$638,000. The ITBC has been very successful. In 1991, there were seven Indian tribes raising buffalo. Those seven tribes had a total of 1,500 animals. Little or no economic activity was taking place with the buffalo. By 1997, after only five years of operation, through the support and technical assistance of the ITBC, over 30 tribes have initiated or expanded their bison management programs. There are over 8,000 animals managed by these tribes. Most importantly, over 500 jobs have been created directly or indirectly through the development of this industry. In terms of product, these tribal programs have taken the first steps toward becoming self-sufficient, and profitable operations.

The success stories are many ... 11

The Crow Creek Sioux Tribe in South Dakota joined the ITBC in 1992. The Tribe was eager to bring back the buffalo where they had been absent for over 100 years. With the buffalo missing from tribal activities there was an unmistakable void in the lives and spirit of the Tribe. With the return of 11 buffalo from Wind Cave National Park in 1994 the spirit of the tribe also returned. Today, through crop sharing coordinated with the ITBC, the Crow Creek Sioux Tribe has built up its herd to 90 head and has allocated 4,500 acres of native prairie to the buffalo project. The goal is to build the herd to 150 head to be utilized for pow wows, traditional feasts and buying back the former tribal land base through buffalo sales profits. Five Northern Pueblo Tribes of New Mexico have formed the Pueblo Bison Coalition and joined the ITBC. One member, the Taos Pueblo, has maintained a small herd since the early 1930's. With the assistance of the ITBC they have built their herd to 128 head. The Pueblo Tribes have been very ambitious in restoring the buffalo to their ancient sacred practices. In a very successful cooperative effort they have been instrumental in providing a publicly acceptable solution to finding a home for excess buffalo from Ft. Wingate. In 1992 the Choctaw Nation of Oklahoma bought 5 buffalo and joined the ITBC. With funding assistance through the ITBC the herd has increased to 126 head on 3,700 acres with a goal of 300 head on 6,900 acres. In 1995, the ITBC coordinated cooperative agreements which enabled the transfer of approximately 200 buffalo to 17 tribes from National Park Service units and US Fish and Wildlife Service National Wildlife Refuges to initiate or supplement their herds. Buffalo and Indian people have a very close, sacred, cultural and spiritual connection. Because of this connection, tribal buffalo operations are viewed not so much as businesses, but as a way of life. In many respects, Indian tribes view raising and developing buffalo herds as an honor and a cultural responsibility. This is a reflection of the seriousness and respect with which Indian people view their buffalo herds. For more than a hundred years the Federal Government has financially supported the development of the cattle industry on the great plains. Yet, where most Indian reservations are located, cattle do not prosper. There is not enough grass. The weather is too hot and then too cold for significant portions of the year. Cattle are susceptible to disease and need regular dietary supplements and care to survive. Buffalo thrive on the natural grasses of the plains. Buffalo are accustomed to the harsh weather conditions of the plains and have little problem with the weather. Buffalo have natural immunities which render antibiotics and other treatments unnecessary. Given the durability of the animals, it should be no surprise that buffalo meat is high in protein, and very low in fat and cholesterol. Health food stores which do not stock beef, will stock buffalo because it is a healthy meat. The demand for buffalo meat is greater than the supply. Currently, there is literally a demand for millions of pounds of buffalo meat, and a supply of thousands of pounds. Major food and grocery chains have approached Tribes and the ITBC about meat purchases. Buffalo is, quite simply, the meat of the future. The ITBC was created to develop the buffalo meat industry for the nation's most economically disadvantaged people, in the locations best suited for the buffalo industry. It is a perfect fit. 1 The ITBC is currently engaged in a number of activities: 1. Providing technical assistance, planning and development assistance for member buffalo herds. 2. Providing encouragement, technical assistance, planning and development assistance for buffalo subsidiary industries, including live animal, meat, and by-product sales. 3. Developing new industries and markets for buffalo related products. This includes the development of many traditional buffalo related cottage industry products. 4. Providing technical and biological assistance to Tribes in the maintenance of buffalo herds. 5. Compiling and maintaining a library and acting as a clearing house for buffalo and buffalo-related information. This includes publishing a quarterly newsletter of information previously unavailable

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or unassembled for the member tribes. 6. Maintaining an information network on buffalo equipment. 7. Coordinating a cooperative animal exchange program to improve and enhance animal genetic diversity between Tribes. 8. Administering a national office to promote collective and individual activities of Tribes. 9. Developing and maintaining an organizational (ITBC) buffalo herd for the purposes of providing "seed" animals to new buffalo projects. , 10. Developing a training program for tribal buffalo managers and employees. 11. Developing a comprehensive educational program within the Tribal Community College system in Buffalo Production and Management. 12. Developing primary school curriculum and lessons with hands-on displays and educational tools. (Made by the cottage industries developed by the ITBC). 13. Developing a cooperative relationship between the National Park Service, specifically Yellowstone National Park, to deal with excess or surplus buffalo. 14. Providing technical assistance to Tribes in dealing with animal disease. The ITBC Member Tribes and the ITBC acknowledge the support of the Administration and Congress for their belief in this project these past six years. The ITBC is particularly thankful for the funding support as well. But, this job is not completed. An incredible amount of work remains to be done before these tribal herds can become self-sufficient. ITBC requests to be funded, minimally, at the amount specified in the President's budget, $638,000. The actual amount of unmet need which would enable ITBC Tribal Projects to fully develop is $6,493,537. This increase could come from either a direct appropriation, or an earmark of Bureau of Indian Affairs funding. Again, it is important that Congress specifically identify "ITBC designated projects" as the recipient of any funding. FY 1998 TRIBAL UNMET NEED TRIBE AMOUNT REQUESTED Choctaw Nation of Oklahoma, OK $358,100 Crow Tribe, MT $100,000 Flandreau Santee Sioux, SD $41,500 Gros-Ventre & Assiniboine Tribes, MT $155,500 Ho Chunk Nation, WI $200,000 Kalispel Tribe, WA $35,000 Lower Brule Sioux Tribe, SD $37,500 Loyal Shawnee Tribe, OK $150,200 Modoc Tribe, OK $300,000 Nambe Pueblo, NM $287,170 Northern Arapaho, WY $176,700 Northern Cheyenne Tribe, MT $110,000 Oneida Tribe of Wisconsin, WI $99,250 Picuris Pueblo, NM $85,000 Pojoaque Pueblo, NM $274,000 Ponca Tribe, NE $75,000 Prairie Band Potawatomi Nation, KS $67,782 Round Valley Indian Community, CA $25,000 San Juan Pueblo, NM $77,900 Santee Sioux Tribe, NE $92,500 Sisseton-Wahpeton Dakota Nation, SD $36,440 Southern Ute Tribe, CO $171,000

3 13

Spirit Lake Sioux Tribe, ND $114,220 Spokane Tribe, WA $133,775 Standing Rock Sioux Tribe, ND $500,000 Taos Pueblo, NM $200,000 Ute Tribe, UT $110,000 Winnebago Tribe of Nebraska, NE $150,000 Yankton Sioux Tribe, SD $80,000 lnterTribal Bison Cooperative (lnterTribal projects) $250,000 Yellowstone Quarantine Operation $2 000 000 Total unmet need $6,493,537

With the funding requested, the ITBC will be able to carry out the following: 1. The ITBC will continue all the activities initiated above. 2. The ITBC will initiate development on a Native American Buffalo Refuge as a research facility for refining tribal buffalo and rangeland management techniques. In particular, the refuge will serve as a research facility for the study of brucellosis. The refuge will serve as an educational facility to infonn and/or train Indian and non-Indian public on the importance of buffalo. The refuge will stress the spiritual and cultural connection between the buffalo, the Indian and the ecosystem of the plains. 3. The ITBC will continue a program for trap and transport of live excess and surplus buffalo from National Park systems, including Yellowstone National Park. Currently, the excess and surplus animals which leave Yellowstone National Park are unnecessarily killed. -In addition, the ITBC requests $2 million to develop a brucellosis quarantine facility for the buffalo from Yellowstone National Park. Since Dec. 10th, 19961,000 buffalo have been killed exiting Yellowstone National Park and nearly 2,500 in the past 3 years. This represents a loss of 2 million dollars. The Greater Yellowstone lnteragency Brucellosis Committee (representing the Dept. of Interior, Dept. of Agriculture, and the states of Montana, Wyoming, and Idaho) has formally endorsed and supported this project and requested ITBC to coordinate the development and maintenance of the facility. The focus of the operation will be to refine brucellosis testing procedures on live buffalo, to develop protocols or model procedures for the testing and transport of live disease free buffalo acceptable to State and Federal authorities and to take initial steps toward development of an effective vaccine to prevent brucellosis in buffalo. The quarantine facility will be maintained to hold buffalo captured in Yellowstone until they can be proven disease free. Finally, as mentioned above, 100% of ITBC funding goes toward support of tribal buffalo development programs. Funds directed to the ITBC will be used to meet this need. The ITBC again thanks the Committee for this opportunity to testify and hopes that our request will be viewed favorably. ITBC MEMBER TRIBES Cheyenne River Sioux Tribe, SD; Choctaw Nation of Oklahoma, OK; Confederated Salish & Kootenai Tribes, MT; Crow Tribe, MT; Crow Creek Sioux Tribe, SD; Elk Valley Rancheria, CA; Gros-Ventre & Assiniboine Tribes, MT; Ho Chunk Nation, WI; Kalispel Tribe, WA; Lower Brule Sioux Tribe, SD; Loyal Shawnee Tribe, OK; Modoc Tribe, OK; Nambe Pueblo; NM; Native Village of Mekoryuk, AK; Nez Perce Tribe, ID; Northern Arapaho, WY; Northern Cheyenne Tribe, MT; Oneida Tribe of Wisconsin, WI; Picuris Pueblo, NM; Ponca Tribe of NE; Prairie Band Potawatomi Nation, KS; MN; Pueblo of Pojoaque, NM; Pueblo of San Juan, NM; Round Valley Indian Community, CA; Rosebud Sioux, SD; Santee Sioux Tribe, NE; Sault Ste. Marie Tribe of Chippewa, Ml; Shoshone-Bannock Tribes, ID; Sisseton-Wahpeton Dakota Nation, SD; Southern Ute, CO; Spirit Lake Sioux Tribe, ND; Spokane Tribe, WA; Standing Rock Sioux Tribe, ND·; Taos Pueblo, NM; Ute Tribe, UT; Winnebago Tribe of Nebraska, NE; Yankton Sioux Tribe, SD.

4 14 Mr. REGULA. We'll suspend the committee long enough to go and vote. [Recess.]

Tm.m.sDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESSES JOHN KIBBLE, SAULT STE. MARIE TRIBE RUSSELL J. VIZINA, SAULT STE. MARIE TRIBE Mr. REGULA. Okay, Sault Ste. Marie Tribe, Mr. Bouschor. Mr. KIBBLE. Good morning, Mr. Chairman, and Members of the committee. My name is John Kibble. This is Russell Vizina, our health director. On behalf of the Sault Ste. Marie Tribe of Chip- pewa Indians, I want to thank you for this opportunity to appear before you to discuss our Fiscal Year 1998 appropriations concerns. The Sault Ste. Marie Tribe of Chippewa Indians is the largest federally-recognized tribe in Michigan. The tribe is dedicated to achieving true self-determination and self-governance. Over the past few years, we have opened schools, built health centers, established a tribal court system, and worked to restore and enhance our economy and our land base. While much has been done, considerably more is needed to enable us to fulfill the promise of self-determination policy. We urge this committee and Congress to reaffirm its commitment to providing funding sufficient to enable tribes to maintain basic core services funded the BIA and IHS. Mr. VINZINA. Thank you. I would like to introduce or look at health care. We have two major concerns in health care. One is the lack of contract health care funding. We have 10,000 tribal members. We don't have an in-_patient facility. Our contract health care budget is approximately $1.3 million. So basically we can't even take care of emergency care with that amount of money. We buy about less than 100 days of in-patient care and hopefully some emergency out-patient care, but that's about it. So we're not asking for a specific amount of appropriations, but we want an overall increase in contract health care appropriations. Mr. REGULA. You get this money through BIA? Mr. VINZINA. No. Through the Indian Health Service. Mr. REGULA. Oh, the Indian Health Service. This is not a line item though, is it? Mr. VINZINA. Contract health care dollars is a line item. Mr. REGULA. Well I know, but in gross, but not in your particular case. Mr. VINZINA. No. We have a self-governance contract. Mr. REGULA. You are just saying you would like to see more money in the account? Mr. VINZINA. Right. Mr. REGULA. So they in tum could theoretically give you more. Mr. VINZINA. That's correct. Mr. REGULA. Okay. Well thank you for your testimony. We'll see what we have available. 15

Mr. VINZINA. The other concern on cuts in health care is that we're a self-governance tribe. We're very supportive of that process. We want permanent self-governance legislation. But the handicap is a lack of contract support dollars. This is our third year of being a compacted tribe and we haven't received any dollars for contract support costs yet. Mr. REGULA. So all your health care services are delivered to the tribe via this contract with what is it, an HMO you have contracted with? Mr. VINZINA. No. We do our own. We have four out-patient facilities. Mr. REGULA. Okay. You have about a minute left. Mr. KIBBLE. Mr. Chairman, on the bureau side, the program is funded by tribal priority allocations within the bureau, are at tp.e heart and soul of tribal governments. They include police protection, education, social services, tribal courts and other government functions. TPA is vitally important to Indian people and communities. Cuts in TPA would have devastating impacts on crime, education, and tribal justice systems. We urge the committee to increase funding for TPA, supporting at least the administration's modest requested increase. The tribe has recently entered into a self-governance compact with BIA. Again, we are concerned that full funding for self-governance is not being provided. With respect to the BIA, no central office tribal shares are being made available as was required by language included in this year's Appropriations Act. We ask the committee to revisit this issue and to require that BIA self-governance compact include central-- Mr. REGULA. Okay. We'll take a look at it. We have your testimony for the record. Thank you for coming. [The information follows:] 16

TESTIMONY OF THE SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS BEFORE THE SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES, HOUSE APPROPRIATIONS COMMITTEE . ON FY 1998 APPROPRIATIONS MARCH 6, 1997

Mr. Chairman and members of the Committee. On behalf of the Sault Ste. Marie Tribe of Chippewa Indians, I want to thank you for this opportunity to appear before you to discuss our FY 1998 appropriations concerns.

The Sault Ste. Marie Tribe of Chippewa Indians is the largest federally recognized tribe in Michigan. The Tribe is dedicated to achieving true self-determination and self-governance. Over the past few.years we have opened schools, built health centers, established a tribal court system and worked to restore and enhance our economy and our land base. While much has been done, considerably more is needed to enable us to fulfill the promise of the self-determination policy. ·we urge this Committee and Congress to reaffirm its commitment to providing funding sufficient to enable tribes to maintain basic core services funded through the BIA and IHS.

Indian Health Service

One key to a brighter tribal future is ensuring that adequate health care services are provided to our people. Along these lines, we strongly urge the Committee, at a minimum, to support the Administration's request for ~ding levels for all IHS programs. In particular, we stress that many health care services for our people must be provided through contract health care - a program that has been chronically and severely uriderfunded. In this time of growing Indian populations and rising health care needs and costs, it is vitally important to provide a significant · increase in funding for contract health services. 17

The Tribe is a strong supporter of Self-Governance. We firmly believe that the best way to provide governmental services is to administer programs at the tribal level - tailored to the needs of our people. We entered a Self-Governance compact with the Indian Health Service on October 14, 1994, to maximize our ability to manage our own health care delivery systems and programs. While we see Self-Governance as the proper federal policy for government to government relations between the United States and our Tribe, we also have experienced some frustrations regarding how IHS implements Self-Governance. For example, while we have been an IHS Self-Governance Tribe for well over two years, we have not yet received any contract support costs regarding the administration of our tribal shares. These are funds which were negotiated as part of our annual funding agreement. They are critical to the success of Self- Governance. But the IHS continues to indicate that it does not have the funds to pay these key contract support costs.

We also have found that another key promise of Self-Governance -the reditction of the federal bureaucracy and the transfer of resources to the tribes - has been painfully slow to take place. We urge the Committee to take additional steps to assure that Self-Governance leads to appropriate downsizing of the IHS, and a corresponding increase -in the transfer of those savings to the tribes.

Bureau of Indian Affairs

The programs funded by Tribal Priority Allocations within the BIA are at the heart and soul of tribal governments. They include police protection, education, social services, tribal courts and other government functions necessary to protect the well being of our people. TPA is vitally important to Indian people and communities - and cuts in TPA would have devastating impacts on crime, education and tribal justice systems. We urge the Committee to increase funding for TPA, supporting at least the Administration's modest requested increase.

The Sault Ste. Marie Tribe has recently entered into a Self-Governance compact with the

2 18

BIA. Here again, we are concerned that full funding for Self-Governance is not being provided. With respect to the BIA, no Central Office tribal shares are being made available, as was required by language included in this year's Appropriations Act We ask the Committee to revisit this issue, and to require that BIA Self-Governance compacts include Central Office tribal shares.

Office of the Special Trustee

The Office of the Special Trustee for American Indians was established by Congress to examine the longstanding and well documented mismanagement of trust assets by the BIA, and to recommend the reforms needed to correct these broad ranging problems. The Special Trustee has recently issued a draft "Strategic Plan" outlining his recommendations in this regard. Among other things, the Special Trustee calls for the consolidation of trust resource management, trust funds management and land title and records management in a new agency - the American Indian Trust and Development Administration. The thrust of the proposal is that the United States must dramatically change the manner in which it manages its trust responsibility to American Indians, and that the regulatory standards and best practices of private sector bank trust departments must be incorporated into the federal management of Indian trust assets.

The work of the Special Trustee is long overdue. For too long, the mismanag_ement of trust assets by the BIA has been well documented - but no comprehensive solutions were advanced. Now, the Special Trustee is proposing a major overhaul of this key area. The proposal of the Special Trustee has significant implications for the future of federal/tribal relations and the trust responsibility. Accordingly, it is vitally important that the work of the Special Trustee be fully ~ded - both to enable his work to advance, and to provide an appropriate level of guidance and consultation from the Tribes. We urge the Committee to concur with the Administration's recommendation of_providing $37.5 million (a $5 million increase) for the Office of the Special Trustee. We must not repeat the mistakes of history by failing to provide the resources necessary for the government to fulfill its responsibilities regarding the management of Indian trust assets.

DSO 1/11028-1 3 19

Policy initiatives

The trust responsibility - as well as elementary notions of fairness - require that tribes have an opportunity to express their views to Congress before any significant changes in federal Indian policy are undertaken. Nevertheless, over the last couple of years there have been a number of major legislative initiatives that, if enacted, would have had· a major impact on Indian tribes and their members - but which were advanced in a manner that limi' ed tribal participation in the process. These included provisions to waive tribal immunity from suit, to prohibit land from being taken into trust without a tribal-state tax agreement, to prohibit new gaming compacts and prevent the Secretary of the Interior from issuing gamin~ procedures, and to reformulate the manner in which the BIA provides funding to tribes, among others. These were advanced within the context of the appropriations process - as riders to the Interior appropriations bill - without any hearings from the Committees with jurisdiction over Indian affairs, and without any prior opportunity for tribes to have input in the process.

We urge the Committee to resist any such efforts this year, and in the future. Congress must not enact legislation that fundamentally alters the rights of tribes, without at least hearing from the tribes themselves. If there is a view that changes in Indian policy are needed, let them be considered and debated through the normal legislative process, in the light of day,_ with the full participation of the tribes. The appropriations process is simply not a proper vehicle for overhauling key elements of the relationship between the United States and the tribes.

Conclusion We thank you for this opportunity to address the Committee on behalf of the Sault Ste. Marie Tribe of.Chippewa Indians.

DS0l/11028-1 4 20

TliuRsDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESSES FERRELLSECAKUKU,HOPITRIBE CLAYTON HONYUMPTEWA, HOPI TRIBE Mr. REGULA. The Hopi Tribe. Mr. Secakuku, is that right? Mr. SECAKUKU. That's correct. Thank you, Mr. Chairman Blue Spruce, and members. You are aware that you are the Honorary Hopi. Mr. REGULA. I know. Oh, yes. Mr. SECAKUKU. Your name is Blue Spruce.· Mr. REGULA. That's correct. Mr. SECAKUKU. My name is Ferrell Secakuku. Mr. REGULA. I like Blue Spruce better, frankly. Mr. SECAKUKU. I am the chairman of the Hopi Tribe and I appreciate being here to testify before you and your committee. The first one on our request is the Hopi Health Care Center. We are requesting for an amount of $34.5 million. Of that is $26.997 million will be for the construction of the new facility, and $7.503 million for medical and telecommunications equipment from the Indian . Health Service. We were very encouraged that the President has submitted and recommended into the budget to the Congress as part of line item, and we would like your support. This will be·a three-year phased program. Hopefully by the year 2000, we'll have the construction completed. We have done the planning and design and the construction information should be forthcoming by April 1997. So with this funding, we would move right into the construction phase to make that into a reality, which was promised to us back in 1980 with ·the amendment to the 1974 Settlement Act as part of the rendering to us by Congress to give up our land so that the medical people can live under-- Mr. REGULA. As part of that settlement. Mr. SECAKUKU. Yes, right. The other is that the implementation of the Hopi Land Settlement Act of 1996 with the United States Government, in that we also have an accommodation agreement with the Navajo families on the Hopi partition lands. In this request, we are asking the Congress for $2,356,000 from the Depart- ment of the Interior, Bureau of Indian Affairs. As you will remember that about the end of September, we went through the congressional hearings and the legislation and all of that. It fortunately was passed. On October 11, President Clinton signed the bill. Since then, we need to begin implementation. Mr. REGULA. As soon as possible. Mr. SECAKUKU. As part of settlement agreement with the Fed- eral Government, we are requesting to getting to the implementation, which will be greatly needed because we need to-once we take jurisdiction of our lands, it is going to take a lot of money to begin the management, begin the infrastructure, improvement of the roads, especially in the law enforcement area where we need 21 to increase because it's going to be 1.6 million acres of land that the Hopi Tribe will be maintaining. So we are asking that Congress support our request for $2.3 million. The third one is a technical assistance for planning and design of infrastructure for the Hopi residents of the former Bennett Freeze area. In 1992, Judge Carroll has made a decision in the 1934 Boundary Bill, and set aside 60,518 acres of land to the Hopi Tribe. For the last 30 years, this land has been imposed by a freeze, where there's no commercial development, no housing, not any kind of development has come out there. Mr. REGULA. Can you summarize? We're getting out of time here. Mr. SECAKUKU. Okay. I would like to request that you support them. Also we ask that the increase in IHS formula be supported, and also the TPA increase in funding be supported. With that, I appreciate your time. Mr. REGULA. Well thank you for coming. I'm sorry we don't have more time. It's just that we're on a really tight schedule here. We'll look at all the testimony. Mr. SECAKUKU. Thank you. [The information follows:] 22

Testimony of Ferrell Secakuku, Chairman The Hopi Tribe Before the House Appropriations Committee, Subcommittee on Interior and Related Agencies March 6, 1997

Mr. Chairman and members of the Committee. I am Ferrell Secakuku, Chairman of the Hopi Tribe. I appreciate this opportunity to provide this Committee with the Hopi Tribe's funding priorities for fiscal year 1998.

1. Hopi Health (Ambulatory) Care Center -- $34,500,000 ($26,997,000 for construction, $7,503,000 for medical and telecommunications equipment),from Indian Health Services.

The Hopi people are very encouraged that this funding has finally been included officially in the President's Budget to you and your colleagues here in the Congress. So many of you and your colleagues have been very supportive of this funding being included in the 1998 Fiscal Year's Federal Budget.

By including the funding for our health facility in this budget, the Administration finally fulfills the promise made to the Hopi People in 1980, when Congress directed the Department of Health and Human Services to "assign the highest priority" for the construction of a new Hopi Medical Center. This provision, contained in the Navajo/Hopi Indian Relocation Amendments of 1980 ( Public Law 96-305)), expressed Congress' commitment to the prompt completion of a new Hopi Medical Center where it is so desperately needed. Since that time, the need has grown substantially, but no medical facility has been constructed.

At this time, the design work has been completed and the construction documents will be ready by April, 1997. The funding we received will finally allow us to move right into the construction phase.

This modem facility is critically needed for both the Hopi and Navajo people in the area since, the modem comprehensive medical care facilities are over 110 miles away. The Hopi Health Care Center will provide major comprehensive curative, preventive and rehabilitative health services to meet the needs of the Hopi and Navajo people.

As you consider your vote on this Hopi Health Center funding remember that we must drive many patients 110 miles one way in case of emergencies to reach a modem facility! Please remember that the present facility which should have been replaced years ago, is nearly 70 years old and is antiquated! Please remember that this new health center, is the very least which the Hopi and Navajo patients should expect, since a full hospital had originally been promised. Please also remember, that The Hopi Tribe has promised on our part, even though it was not required that the Staff Quarters, be privately financed and built, as our sign of good faith!

Congress has met a portion of its obligation by supporting the design work to this point with a public investment of several million federal dollars. It would obviously be foolish to waste such public funds by not funding the construction of this health facility which was promised to us back in 1980. What the Hopi Tribe needs now is the funding ($34.5 million) necessary to proceed with and complete the construction of this desperately needed facility. Now, finally, the time has arrived for'the Congress to act affirmatively to assure a brighter future for all of the people who are depending upon you for the construction of this medical center after so many years of waiting. 23

2. Implementation of the Hopi Navajo Land Settlement Act of1996 with 'the U.S. Government. (Accommodation Agreement with the Navajo Families on Hopi Partitioned .Lands (HPL) -$2,356,000. -- from the Department of Interior, Bureau ofIndian Affairs.

On October 11, 1996 President Clinton signed Senate Bill 1973, into law - the Hopi and·Navajo Land Settlement Act of 1996. This law provides the means of a final settlement between the Hopi and Navajo Tribes. The Hopi Tribe and the Federal government, through the BIA, is responsible for the implementation of this Settlement Agreement. The Settlement Act finally assigns complete jurisdiction to the Hopi Tribe over portions of its Tutsqua (land), known as the Hopi Partitioned lands. This law allows those Navajos families to stay, under the terms of a lease arrangement with the Hopi Tribe. There are currently 149 Navajo families eligible to sign a lease. The additional jurisdiction and the implementation of the Settlement Act, through the Accommodation Agreement, will demand a great deal of technical assistance, law enforcement, infrastructure development, and Management, from the BIA, through the Hopi agency with the Hopi Tribe.

3. Technical Assistance for Planning/Design of Infrastructure for Hopi residents of former Bennett Freeze Order Area-$ 450,000 - from the Department of Interior, Bureau of Indian Affairs.

In 1992, the Federal district court rendered a decision on the 1934 Boundary Bill case, awarding the Hopi Tribe 60,518 acres of land surrounding the Hopi village of Moencopi, near Tuba City. Az.. The newly acquired land, for the last 32 years, was part of the area that had been placed under an imposed freeze on any new construction by either Hopi or Navajo Tribes, pending settlement of the Boundary Bill case. This restriction has put a strangle hold on economic development, growth and utility infrastructure. We are seeking funds for technical assistance for planning and design of infrastructure, including realty issues, for development of water wells, mains, _and a sewer disposal system for the community of Moencopi. This Hopi village is approximately 50 miles from the Hopi Tribal Government, and currently does not have its own sewer disposal system, but has relied on the Navajo Tribal Utility Authority, for these services at greatly increased user rates. However, the Navajo Tribal Utility Authority has been cited for numerous EPA violations of the Clean Water Act, causing economic ~ardship and uncertainty for the Hopi residents. (~

4. Request Tribal set-aside to establish an annual funding base level to carry out water quality provisions as determined in the Clean Water Protection Act. - $100,000- from the Environmental Protection Agency.

The Hopi reservation is mostly high mesa desert in Northern Arizona. This semi-arid region with annual precipitation ranges from 6 to 12 inches per year. There are no perennial streams or rivers passing through the Hopi reservation. The sole source of potable drinking water is found in the Navajo Aquifer (N- Aquifer), which can only be tapped by drilling 1,500 ft. below the ground surface or by drawing it from a few natural springs in the vicinity of the Hopi villages. Water has always been a great concern of the Hopi people, as well as, an inspiration to their cultural complexity and enrichment. Therefore, the Tribe seeks an annual tribal set aside funding from the Environmental Protection Agency in the amount of $100,000, to establish a target base level funding. This funding will be used to support technical staff, conduct water quality sampling and enforce provisions of the Hopi Water Code and Water Quality Standards. These activities will require administrative services, 24

laboratory costs and development of computer information systems to accomplish program objectives and requirements of the Clean Water Act. This allocation will also ensure that the Hopi Tribe is treated equally with the States, by receiving target base level funding. The State of Arizona currently receives annual funding appropriations to carry out similar activities on non-Indian land. The Hopi Tribe requests that the funding provisions of the Clean Water Act apply equally to Tribal lands.

5. --$900,000-- To develop a Hopi Water Management Study. --$1,423,200-- For Water Exploration to determine water supplies from the CocQnino Aquifer (C-Aquifer) --from the Bureau of Reclamation.

As discussed in the previous section, water is more than life sustaining for the Hopi people, it is also a source of spiritual sustenance. The requested funding would support a management study of six major washes on the Hopi reservation, which although remains dry most of the year, receives over 80 percent of the stream flow during the summer months, as a result of intense rainfall events.

i. The focus of the water management study will evaluate how we can better manage the existing water supplies for domestic, agricultural, and cultural purposes .. Activities will include evalµation of management options, such as groundwater storage capability, and options for water banking and conjunctive use, and the potential for off-stream diversions from washes.

ii. The Hopi Tribe and the U.S. Geological Survey will closely cooperate in the design and construction of water exploration and test facilities for the Hopi Tribe, as part of a hydrology investigation to detennine water supplies from the Coconino Aquifer (C-Aquifer) for three water short areas of the Hopi reservation. The project is intended to provide Jong term water supplies for the Moencopi village, Lower Oraibi Valley, and First Mesa Consolidated Villages area.

The U.S. Geological Survey, Black Mesa, N-Aquifer computer model has determined that the Village of Moenocopi/fuba city region will soon experience severe water depletion of the N-Aqµifer. As mentioned, the N-Aquifer is the only proven source of domestic and municipal water supply in the entire region. If the C-Aquifer can be determined to contain a sufficient supply of water, the Moencopi/fuba City area can extend the lifetime of the water supply significantly into the latter 21st Century. The proposed testing would include a clustered test well of 1,600 ft. depth at a cost of $459,200, including drilling, test pumping, logging and laboratory analysis.

The lower Oraibi Valley lies in the Hopi Partitioned land area, approximately 30 miles south along BIA Route 2. The N-Aquifer is non-existent in this part of the reservation. Geological cross section drawn from Jogs of oil well exploration drilling operations suggest that the C-Aquifer exists at 3,700 to 4,300 feet in depth below ground surface. The proposed project would include a clustered test well of 4,300 feet depth at a cost of $482,000, including drilling, test pumping, Jogging laboratory analysis.

First Mesa Consolidated villages and the Hopi High School have experienced poor water quality and availability in their public water supply systems. The N-Aquifer pinches out near the villages, and the local geology in unfavorable for long term water supply support residential and commercial development. development The C-Aquifer source of water would greatly alleviate the water shortage foe the villages and the school. The proposed project would include a clustered test well of 4,300 ft. depth at a cost of $482,00. Including drilling, test pumping, Jogging, and laboratory analyses. 25

In closing I would like thank the committee for talcing the time to hear our concerns. The Hopi Tribe, though it makes up a small portion of your constituencies, represents approximately 10,000 people, who proudly retain their culture and religion, dating back since time immemorial. However, we also face the same challenges as any State government in this United States. We seek to provide for our people the same basic needs of any rural government or city. We appreciate you support. Thank-you. 26

TliuRsDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESS TOM MAULSON, GREAT LAKES FISH AND WILDLIFE COMMISSION Mr. REGULA. Great Lakes Fish and Wildlife Commission. Mr. Schlender. Mr. MAULSON. How are you doing there, Mr. Chairman? Mr. REGULA. Good. Mr. MAULSON. This ain't Mr. Schlender. This is Mr. Maulson, tribal chair Lac du Flambeau Band, and also chairman of the Great Lakes Fish and Wildlife Commission. With the time restraints, Hopi is asking for a check. Maybe I should ask that. It will only take five minutes. Mr. REGULA. A check? Mr. MAULSON. Correct. Mr. REGULA. I can give you a check. They won't cash it, but they can try. Mr. MAULSON. Make it out for $2,493,000. Mr. REGULA. Whatever amount. Mr. MAULSON. Okay. Well anyway, Mr. Chairman, the Great Lakes Fish and Wildlife Commission and 11 tribes want to thank you for supporting, in Congress supporting last year's, I believe it was 1996-97 appropriations. The commission is asking that the Congress support and your committee support the 1998 base figure of $3,493,000 basis, comprised of $3,236,000 for rights protection, $83,000 plus for restoring self governance, $174,000 reprogram for the Commission of Wisconsin joint assessment. It's an opportunity for us to sort of bring up our commission in the midwest in reference to the good job that we're doing for all peoples, not just In- dian people. Your committee needs to know that. It's really working well in Wisconsin and in Minnesota. As you know, treaty rights are starting to be implemented. The commission is starting to be involved in that. So we're requesting a small increase of roughly-I believe we're asking for $18,000 to establish a tribal registration st.ation, requesting $42,000 plus for a tribal court system. We are requesting $34,000 plus for expanding fishery assessment within the treaty rights in Minnesota. We're hoping that you look at this favorably and make that some of your priorities in reference to making sure that all peoples protect resources, as the commission has done in the past. Mr. REGULA. Okay. Thank you for the information. This, along with many other requests will be considered. Mr. MAULSON. We thank you. [The information follows:] 27

GREAT LAKES INDIAN FISH & WILDLIFE COMMISSION P. 0. Box 9 • Odanah. WI 54861 • 715/682-6619 • FAX 715/682-9294

• MEMBER TRIBES • MICHIGAN WISCONSIN MINNESOTA Bay Mills Community Bad River Band Red Cliff Band Fond du Lac Band Keweenaw Bay Community L1c Cowte Oreilles Band St. Croix Chippewa Mille Lacs Band Lac Vieux Desert Baral L1c du Flambeau Band Sokaogon Chippewa

TESTIMONY OF TOM MAULSON, CHAIRMAN OF THE BOARD OF COMMISSIONERS, GREAT LAKES INDIAN FISH AND WILDLIFE COMMISSION

Before

UNITED STATES HOUSE OF REPRESENTATIVES, COMMITTEE ON APPROPRIATIONS SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES

AGENCY INVOLVED: BUREAU OF INDIAN AFFAIRS

FY 1998 APPROPRIATIONS REQUESTED: $3,643,330 (mcludes the Administration's FY 1998 base funding of S3 493 000 for rights protection, the Administration's proposed COLA increase of lli.QQQ. and an increase of ffi.llQ to meet tribal self-regulatory needs.)

SUMMARY OF FY 1998 FUNDING PRIORITIES: Given federal fiscal constraints, the Commission is requesting a small increase over last year's funding levels to address expanded needs for services associated with the affirmation of Chippewa off-reservation treaty rights within the 1837 ceded territories in Minnesota.

Priority #1: In order to meet federal court orders, maintain the current funding level for GLIFWC prognms and provide $55,000 for salary cost of living adjustments as proposed by the Administration.

Priority #2: Provide an increase of 595,330 to facilitate implementation of the recent fedenl court decisions affirming o~-reservation treaty rights in the 1837 ceded territory in Minnesota.

PROGRAM JUSTIFICATION: The Commission is an intertribal organization which implements Federal Court Orders governing tribal harvest of off-reservation fish, game, and plant resources within the Chippewa 1837 and 1842 ceded territories. It was established by tribal governments in 1984 as the only cost efficient option to effectively self-regulate harvests of natural resources shared among treaty signatory Tn'bes. 28

Mr. Chairman, Members of the Committee, my name is Tom Maulson, and I am the Lac du Flambeau Tribal Chairman and Chairman of the Great Lakes Indian Fish and Wildlife Commission (Commission). On behalf of our eleven member tribal governments, I would like to thank you for the opportunity to appear before you regarding our Bureau of Indian Affairs Fiscal Year 1998 Appropriation request.

Given federal fiscal constraints, the Commission requests only a minimal increase over last year's funding level. The requested increase will permit the Commission to address some, but by no means all, of the expanded need for services associated with the affirmation of Chippewa off- reservation treaty rights within the 1837 ceded territory in Minnesota.

The Commission's FY 1998 request centers on two major objectives:

- maintain the present intertribal self-regulatory structure that provides an essential federal governmental function, effectively achieves its purpose, and has established cost share partnerships;

- improve the Commission's ability to implement an intertribal self-regulatory structure for the 1837 ceded territory of Minnesota by providing Fond du Lac tribal court services to adjudicate off-reservation treaty citations, providing Fond du Lac a tribal registration station to monitor biological harvests levels of fish, game, and plants, and expanding fisheries assessments in 1837 ceded waters in Minnesota.

Maintain the Intertribal Regulatory Structure with Current Funding Levels

The Commission provides an essential governmental function by enabling tribes to implement federal court orders. Under these court orders, tribes must meet high standards for self-regulation including development and enforcement of tribal conservation codes, biological monitoring of tribal harvests, and adjudication of alleged violators in tribal courts.

To effectively achieve its purpose, the Commission operates an intertribal self-regulatory structure under authority delegated from tribal governments. The treaty signatory tribes share ceded territories in common with one another. Nevertheless, each tribe only has jurisdiction over its own members. Given this situation, the Chippewa tribes established a binding agreement for intertribal co- management and regulation-"in recognition ofthe fact that each tribe cannot on its own effectively manage. and regulate the exercise of treaty rights in the ceded te"itory. "

In addition to intertribal co-management, the Commission participates in a wide range of co- management activities with local, state, federal, and foreign governments. Some of these activities arise from court orders, while others are developed in general government-to-government dealings between tribes and other governments. Tribal partnerships have also presented new opportunities to manage and enhance resources cooperatively with local lake associations, universities, and non-profi~ organizations.

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The Commission is asking that Congress maintain the Administration's proposed FY 1998 base funding of $3 493 000. This funding base is comprised of $3 236 000 for rights protection, $83 03 7 restored from Self-Governance, and $174 000 reprogrammed from the Commission's Wisconsin Joint Fish Assessments budget line item. The funding level for each of these elements is iden.tical to that approved by Congress in FY 1996 and FY 1997. In addition, the Commission requests Congress support an increase of$55 000 proposed by the Administration for co~t ofliving adjustments.

It is imperative that the federal government maintain adequate funding to carry out its trust responsibilities, especially to tnbes who are the beneficiaries of that trust, and in particular to those tribes whose rights have been affirmed by federal court orders.

Re-affirmation of Off-Reservation Treaty Rights in Minnesota under the 1837 Treaty

The Commission has played a key role in resolving issues related to the Minnesota treaty rights litigation and assuring protection of the resources in the ceded territory. To understand this role, some background information is helpful. In the spring of 1993, the Minnesota Legislature rejected a negotiated settlement between the Mille Lacs Band and the State concerning the Band's exercise of its treaty rights. The Band was then compelled to pursue the matter in court, and in 1994 the federal court affirmed the Band's off-reservation treaty rights in the 1837 ceded territory in Minnesota. In 1995, six other Chippewa Bands intervened in the case so that they could jointly litigate the allocation and regulatory issues in dispute, and in 1996 the Fond du Lac case was consolidated with the Mille Lacs case as well.

The same anti-treaty forces that opposed the settlement spoke out against the federal court's decision to recognire the tnbes' off-reservation treaty rights. These groups claim that recognition of tnbal treaty rights will lead to depletion ofthe region's natural resources. This is simply not true, and indeed, the tribes and Commission have worked diligently to assure the opposite result. As the litigation proceeded, tnbes coordinated work between the Commission's staff of professional biologists and some ofNorth America's most respected conservation experts to assure that exercise of off-reservation treaty rights by Chippewa tribes will not deplete fish, game, and plant species in the 1837 ceded territory in Minnesota This work included determination of sustainable harvest levels as well as development ofintertribal management protocols and tribal off-reservation conservation codes.

As a result of this work, the State and Tribes were able to stipulate, or agree, on intertribal harvest management methods and conservation enforcement systems for virtually all of the natural resources found in the 1837 ceded territory. Stipulated and court-approved tribal regulations specifically govern the harvest of20 species offish, 23 species of mammals, 23 species of waterfowl, 6 upland game bird species, 8 species of reptiles and amphibians, and 384 species of plants. In addition, the State and Tribes agreed on methods to protect I 02 threatened and endangered species. At the end ofthis process, only two relatively minor natural resource issues remained unresolved, and the court has now decided these in the Tribes' favor. The Commission's involvement was instrumental in reducing the number of issues to be litigated and in developing regulatory systems that

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) i' will protect the resources.

Implementation of Off-Reservation Treaty Rights in Minnesota under the 1837 Treaty

At the request of Fond du Lac, the Commission is requesting $18,000 to establish a tribal registration station for biological monitoring of fish, game, and plants harvested by tribal members. The Commission is also requesting $42,500 to provide tribal court services to adjudicate alleged violations of tribal off-reservation ordinances in the 1837 ceded territory of Minnesota. As stated earlier, standards for self-regulation include development and enforcement of tribal conservation codes, biological monitoring of tribal harvests, and adjudication of alleged violators in tribal courts. This funding component directly addresses the regulatory infrastructure essential to maintain Fond du Lac's governmental authority over its tribal membership in the 1837 ceded territory.

Furthermore, the Commission is requesting that Congress provide an additional $34,830 to expand fishery assessments within the 1837 ceded territory of Minnesota. In the spring, the Commission proposes to conduct spring population estimates for walleye on two in to four inland lakes. During summer months, the Commission proposes to undertake gill net assessments to refine statistical models. In the fall, juvenile walleye recruitment surveys would be completed to assess year class strength. In late fall, relative abundance oftullibee (cisco) in Mille Lacs Lake would be assessed. All this work would be done under the supervision of the Commission's professional fisheries biologist, currently staffed at Mille Lacs.

The same anti-treaty forces that opposed the negotiated settlement are now opposing implementation of off-reservation treaty rights under guidelines established in federal court orders. These anti-treaty groups have continued their misinformation campaign, claiming tribes will deplete the area's natural resources and destroy the region's tourism industry. These are the same false claims that inflamed the controversy in Wisconsin. Furthermore, these unfounded claims are being continued by anti-treaty groups despite the numerous agreements (i.e. stipulations) negotiated between the tribes and Minnesota Department of Natural Resources aimed at protecting and preserving the ceded territory's natural resources.

We have learned that to counter these misconceptions it is essential to rely on sound science. Our experience in Wisconsin has shown that a pro-active approach to obtaining and disseminating scientific information on the status of the fishery resource is essential to protect natural resources and defeat misinformation and racis_t attitudes. The Commission has been a constructive and stabilizing force during the controversy associated with implementation of off-reservation harvesting rights in Wisconsin. It is essential that the Commission's staff of professional biologists, public education specialists, and conservation wardens be maintained to assist tribes in implementing off-reservation harvesting rights in the ceded territories of Minnesota.

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THURSDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICES WITNESSES JOSEPH BULFER, SOUTHERN INDIAN HEALTH COUNCIL, INC. ROBERT BROWN, SOUTHERN INDIAN HEALTH COUNCIL, INC. Mr. REGULA. Southern Indian Health Council. Mr. Bulfer, is that right? Mr. BULFER. Good morning, Mr. Chairman. Mr. REGULA. Good morning. Mr. BULFER. I have Chairman Brown from Southern Indian Health Council Board of Directors. On the other side, we have Joe Bulfer, executive director. Mr. REGULA. I understand you represent five tribes? Mr. BULFER. No, we do not. It's seven. Mr. REGULA. Seven. Located where? Mr. BULFER. In San Diego County, on the east side of San Diego County. . Mr. REGULA. Where's that? Mr. BULFER. San Diego County, you know where would be Alpine on the east. I don't know if you are familiar with the area or not. Mr. REGULA. No. I don't think so. Mr. BULFER. Okay. Mr. BROWN. It's eastern San Diego County. Mr. REGULA. Oh, okay. Mr. BROWN. It's probably about 100 square miles. Mr~ REGULA. So it would be east of San Diego? Mr. BROWN. Yes. Mr. BULFER. We invite you to go there sometime. · Mr. REGULA. Well I was there for the convention. Go ahead. Mr. BROWN. We have several topics here. We have a handout. I've got five minutes to go through them. Mr. REGULA. Summarize it, please. Mr. BROWN. I think the things that I wanted to talk about more importantly are first of all, we're not asking for additional monies here. What we are looking for is for monies to be placed appro- . priately and for continued support in various programs that are ·being funded. We realize that there's an under-funding. I think you are acutely aware of that for the last 10 years, testifying before Chairman Yates as well as yourself now. . The first issue that we have on the item is a regional youth treatment center. What we have in the letter, the information that you have is we have in 1996, you know, California is quite different from the other programs. There is not an in-patient facility for health care. There is also not an in-patient facility for youth, for alcohol, substance abuse. It's pretty much the number one problem that we have out there. In 1986, we were able to push through some legislation to create two youth regional treatment centers. Indian Health Services was directed to do that. Indian Health Services has not been able to

40-073 97 - 2 32 make this happen for a number of reasons which we don't really have time to go into right now. But basically it hasn't happened. Southern Indian Health Council has decided to push forward and acquire Federal funding to build the construction of the facility it- s~lf. What we are looking for is in the 1986 Act, there is $1.3 million which was allocated to substance abuse funding. We are asking the individual tribes as well as the California Indian Health Service, but we are also asking for your support to have $700,000 of that allocated to Southern Indian Health Council so we can operate the facility at no cost to Indian people. That's important so that Indian people can gain equal access without an ability to pay. So that's really what we're looking for, is support for that, $700,000, plus in the first year $200,000 of start-up costs. So that's what we have asked for, number one is your support for that. If there was a way that you could get a letter out to Indian Health Services saying that we support this, since you have been unable for the last 11 years to get his mandated substance abuse center going, we support this, and Dr. Trujillo, would you please get this thing funded. The second item we have on here is the BIA Federal Trust responsibilities. Because we are so remotely located and we have an eight-acre site, we try to expand and create as many services as possible for Indian people. What we have found is we are running out of land, so we bought a one-acre parcel next to it. That one- acre parcel is only 50-feet wide at any given point. We have been trying for the last four years to go to the bureau and try to get the bureau to put it in Federal Trust. I am sure you are aware that as long as it's not gaming related, that the Federal Trust transfer should occur without a problem. We have spent thousands and thousands of dollars coming back here basically dealing with the area office which is really the problem. Mr. REGULA. The BIA? Mr. BROWN. Yes. The BIA. They are being totally non-responsive. We have just received a letter from the BIA telling us that now they want us to put an easement on it. Well there's a public road right in front of both ours and the site, our facility and the site that we have just purchased for one acre several years ago. There is no need for an easement. There is a public road which goes in front of both places. Mr. REGULA. Oh. Mr. BROWN. This is ridiculous. This needs to be stopped. If there's any way the Appropriations Committee could help us, we appreciate it. To go over the other items pretty quick, FQHC, the federally qualified health center. That's a concept I think you are familiar with. It's basically for rural programs. It helps us substantially. It's really supplemental type money for MedicAid type patients on In- dian land. That's very important to us. It enables us to recover costs so that we can continue to provide services to our people. We support the continued FQHC funding mechanism. There's talk on the Hill right now of ending FQHC. We do not want that to happen. Not only are Indian programs going to suffer, but non- Indian programs are going to suffer as well. 33

Mr. REGULA. I think that is an authorizing issue. Mr. BROWN. Yes. ·Mr. REGULA. You have about a minute left. . -Mr. BROWN. Okay. Another item is Indian Health Services inequity in funding payments and formulas. If a program has a new-if you want to start a new program, the formulas that are in place right now are set so that new programs do not receive increased funding as the years go by. So you are sort of in a catch- 22 situation. There's no way you can start a new service if you haven't already been reimbursed. So what programs like ours have to do -is we start the service and fully fund it ourselves. We need assistance. We need IHS to revise their formula so that new pro- . grams,_ expanded services are integra~d into. that formula. Another item, BIA minimum base funding level for tribal governments. It's important ·for tribal governments· to receive a minimum of base level funding of $160,000. -Right now, tribes are getting $10,000 to $20,000. That is not enough hardly to·operate your heating and lighting. So we are looking for support for the subcommittee so that tribes can get on their feet and start helping progra~s, especially programs, to get people in the health system. The last comment I have is on the temporary assistance to needy families, welfare reform. The problem we have here is we've got, I'm sure you are aware 'that this is a new program. Mr. REGULA. Right. Mr. BROWN. The biggest problem that we see there is tribes have the ability now to contract for this. The problem with that is they can't contract for it and make it successful unless money is also in- fused in for economic development. That is. missing. Until that is something that's dealt with, we're not going to be able to see this be a -successful government program. _ . Mr. REGULA. Okay. Well we'll take a look at all these things. Thanks for coming. · Mr. BROWN. Thank you very much. [The information follows:] . 34 35

Page2of 6

1) !HS-Regional Youth Treatment Center

When the Indian Alcohol and Substance Abuse Prevention and Treatment Act of.19~6 was enacted, it provided that there would be one Regional Treatment Center in each . State, but that Act was amended in P.L. 100-573 in Section 704 to provide for the establishment of two centers in California, primarily due to the size and difficulty of potential access of care within the State.

This is now 1997, and there is no YRTC in California. IHS/fribal committees have been fonned and have repeatedly failed to produce results. This has prompted the SIHC to proceed on it's own to provide an Inpatient facility to be designed according to the requirements of the Act and which would be available for Indian youth on a no- cost basis. SIHC's actions have been prompted more from a need to provide the service to our Indian. youth who are currently deprived of this care, rather than to become immersed in the politics involved in trying to explain why California cannot seem to confonn with the requirements of the Act. SIHC.has recognized that Indian youth are dying as a result of the absence ofa YTRC in California and we have pro- actively committed to providing the service on one of our reservations.

SIHC has applied for and received a federal grant to construct a YRTC Inpatient facility. The estimated opening of the facility will be February, 1998. The YRTC will be open to all California Indian youth, as a priority, then all non-California Indian youth, secondarily. We are currently requesting that the Indian Health Service fund our operating budget requirements of approximately $700,000 / year, plus approximately $200,000 start-up costs from the approximately $1.3 million allocation for YRTC operations. Currently, IHS funds the YRTC to Tribes on a Tribal-Share basis. It is only with IHS funding that SIHC can provide no-cost services to our Indian youth. ·rns funding will guarantee that Indian youth, regardless of income, may receive equal access to these services. No other Tribal program in California has produced an alternative comparable to SIHC, with a site designated and funding for construction obtained. We are currently working with IHS and have received infonnal support, however, to supply the necessary no-cost YRTC services to our youth, SIHC will require a fonnal IHS commitment.

Request to the Subcommittee on Appropriations

Our request is that the Subcommittee provide a written letter of support to the Indian Health Service to fund operational costs of a SIHC Inpatient Substance Abuse center for Indian youth. The Subcommittee's support would not involve additional funding, as this has already been provided by law. SIHC is requesting that the Subcommittee provide written support for IHS to direct funding for operations to SIHC in order to provide no-cost services to Indian youth. Indian youth will finally receive what is needed and Congressional intent will be fulfilled with the operation of this facility. 36

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2) BIA - Federal Trust Responsibilities

SIHC operates the most comprehensive outpatient health service program as is possible, given it's limited funding. Several years ago, when faced with the fact that we were running out of land and could not expand our health functions to our Indian people, SIHC purchased an approximate one acre parcel of contiguous land next to it's current Tribal reservation federal trust property. Critical reasons for the purchase included fire protection, septic & sanitary expansion, etc ..

SIHC applied to the Bureau of Indian Affairs to transfer the land into federal trust in mid-1993. Many unsuccessful attempts were made with top-level BIA officials. The Assistant Secretary of the BIA has stated that the transfer should not be a problem, since the transfer was not "gaming" related and that there appeared to be no other significant problems. Repeatedly, SIHC has been denied approval of the federal trust transfer request, through the receipt of notices requesting "addi#onal requirements". The latest BIA letter, dated 'JJ20/97, places blame on the bureaucratic process and, in short, estimates the completion of the transfer to be "several months away". The new letter discusses the poSSibility of a required easement. For information purposes, the land in question is slightly larger that one acre, and is no wider than 60 feet at any one place and is contiguous.. Additionally, there is public road access for both the property in question and the current Tribal reservation federal trust property.

The notices reflect a position that "good faith" is not being extended to SIHC by the BIA's deliberate efforts to deny SIHC it's Self Determination right to provide expanded health services under federal trust status. Denying SIHC this federal trust transfer request is equivalent to denying all Tnbes the right to transfer land into federal trust. This is why we are addressing the issue to the Appropriation Subcommittee. SIHC, and other Tribes or Tribal organi7.ations, should not have to expend tax supported funding, greater than that which is absolutely necessary, to acquire necessary federal trust status. Additionally, Tribes should be able to provide for higher levels' of service through their Self-Determination rights. Prolonged denials, such as this are a detriment to Indian people and taxpayers that support and expect that their funds are being expended as efficiently as possibly.

Request to the Subcommittee on Appropriations SIH~ is requesting a strong letter of support to be issued by the Subcommittee on Appropriations to support SIHC's efforts to transfer land into trust to expand it's health operations, as part of our right to pursue Tnbal Sovereignty and limit the unnecessary spending of tax supported funds for immaterial reasons. (Al~ -5.::.e 8-tl,~it j:) 37

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3) Other Items:

a) Congressional Support - Federally Qualified Health Centers lFOHC}

With the advent of the FQHC enhanced payment system for Medi-Caid patients, Indian organiz.ations have been able to cover more of their operating costs, and hence, expand services to their populations. Unfortunately, there are currently discussions occurring regarding the future viability of the FQHC system.

Request to the Subcommittee on Appropriations SIHC believes that it is imperative that the Subcommittee on Appropriations recognize the contributions that have been made possible to Indian and non-Indian operated health programs and that the Subcommittee continue to support the continued funding of the system.

b) ms - Inequity in Funding Formulas

The IHS should be required to revise all it's funding formulas to take into consideration the expansion of program activities. The GAO has reported on the inequities of the formulas over the past years. The basic problem with current formulas is that they are based on current services being provided and the data that is generated from those services. A program cannot hope to expand services and receive an increased allocation if the expanded services are not integrated into the funding formula. Such is the case with the Resource Allocation Method (RAM). Between 1986 and 1988, using RAM, IHS allocated only $4.5 million to California of the $999 million IHS allocation.

Request to the Subcommittee on Appropriations We urge that the Subcommittee direct IHS to develop and use a formula other than RAM to allocate funds for program growth. The current formulas perpetuate the inequities of the past and prevent California from achieving equity with other IHS Areas, as directed in the U.S. Court of Appeals for the Ninth Circuit in Rincon Band of Mission Indians vs. Califano. · 38

TlluRsDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESS JAIME PINKHAM, INTERTRIBAL TIMBER COUNCU.. Mr. REGULA. Intertribal Timber Council, Mr. Pinkham. Mr. PlNKHAM. Thank you, Mr. Chairman. Good morning. I am Jaime Pinkham, president of the Intertribal Timber Council. I appreciate the opportunity to comment on the Bureau of Indian Af- fairs proposed Fiscal Year 1998 forestry budget. Mr. Chairman, the bureau's forest management planning capability is rapidly evaporating. Sharp reductions in BIA staff expertise and sufficient funding and escalating of course management planning requirements are stripping the bureau of what limited forestry planning dollars it once had. In Fiscal Year 1993, more than 80 percent of the Indian reservations were in compliance with the planning requirements. How- ever, as of September of last Fiscal Year, according to the most recently available information, compliance has fallen to 62 percent. Worse yet, because much. of that land was concentrated on the larger forested reservations on a reservation by reservation basis, only 36 percent of the forested reservations had current plans in place at that time. Since then, the situation has certainly declined even further. Since 1995, BIA forestry personnel needed for the development of management plans has been cut in half. Area forestry personnel has fallen from about 25 to 15. Then central office personnel has fallen from 19 to eight. It is important to understand that because most of the 83 reservations with commercial forests are not large enough and have limited forestry staff. The task of developing and implementing these management plans has fallen on the necessity of these 15 area personnel spread throughout the bureau's 12 areas, and on the five central office staff in the Branch of Forest Resource Planning. Quite simply, it's beyond any realistic expectation that so few personnel-- Mr. REGULA. What you want to do is beef up the staff to serve these areas? Mr. PINKHAM. Yes. To provide for the planning that's so vital to Indian forest resources, to protect the health and welfare of forest resources. It begins with an intensive planning effort. Mr. REGULA. Where is this generally located? Which State? Mr. PINKHAM. Actually, throughout the United States that serve all Indian reservations. Mr. REGULA. So they have access to a central point for professional guidance? Mr. PINKHAM. Right. And the Bureau of Indian Affairs at the Central Office levels of the Branch of Forest Resource Planning in Colorado or from the various area offices. Mr. REGULA. And you are saying the funding is inadequate to staff it properly? 39

Mr. PINKHAM. That is correct. Mr. REGULA. And you would like to see us increase the funding? Mr. PINKHAM. That's exactly right. Mr. REGULA. Okay. Mr. PINKHAM. And the request would need to beef up the area forestry staff, add four more foresters, about $300,000, and to add to the Central Office forestry staff, $150,000 for two additional foresters. The forest planning difficulties are compounded by insufficient forest management inventorying planning funds. Since its inception in 1985, this program has increased only by $300,000, while inflation expanded forest pl~ng requirements have substantially eroded its capability. The program also funds a special one-time project, the renewal of management plans which occurs every 10 years on forested reservations. That supports such things as remote sensing, the inventory, and environmental assessments. The lack of environmental assessments can stop forestry activity in its track. Yet 30 percent of the larger category one tribal forests are without current EAs, and smaller category two forests as of 1995 are close to 75 percent without EAs. Insufficient EAs and plans have already shut down, for example, the Navajo Nation's forest for the past several years. Without increased resources, many other tribal forests may face the same consequence. Mr. REGULA. Rather than read all that, let me ask you a couple questions. Mr. PINKHAM. Sure. Mr. REGULA. Do most of the tribes that you are representing sell some timber? Mr. PINKHAM. Yes, sir. Mr. REGULA. So that the management becomes important in terms of their ability to grow and produce this resource for future sales. Is that right? Mr. PINKHAM. That's exactly right, to provide for the health and the productivity of the forest lands. Mr. REGULA. And who markets it? Does the tribe market their own timber? Mr. PINKHAM. It varies from reservation to reservation. Some tribes will market their own, have their own enterprises. Some sell on a basis directly to the mills. Also the Bureau of Indian Affairs administers the programs with the tribes with contracted programs. Mr. REGULA. Okay. Thank you for bringing thi,s to our .attention. Mr. PINKHAM. Thank you. [The information follows:] 40

Intertribal Timb·er Council BOARD OF DIRECTORS President Jaime A. Pinkham, Nez Perce; Vice President PDny McCovey, Hoopa; Secretary Joe Pekootas, Colvllle; Treasurer C. Larry Blythe, Cherokee. BOARD MEMBERS: Michael Durglo, Jr., Confederated Salish & Kootenai Tribes; Jerry Lucae, Makah; Robert BIiiie, Navajo; Phllllp Martin, Sr., Qulnaull; Ted Charles, Tanana Chiefs Conference, Inc.; Lafe Altaha, White Mountain Apache; Cecil Sanchey, Yakema Indian Nation.

MEM!ERIRIBES Ahtna.lnc. Alabama - Coushatta lndlan Tribes of Texas TESTIMONY OF JAIME PINKHAM. PRESIDENT. Bad River Band of Lake superior Chippewa, INTERTRIBAL TIMBER COUNCIL. Blackfeet Tribe Bo~ Forte Band of Chippewa BEFORE THE HOUSE APPROPRIATIONS SUBCOMMITTEE Cherokee Natton Chippewa Cree rnbe FOR INTERIOR AND RB.ATED AGENCIES Chlttna Village Council Choctaw Nation of Oklahoma ON FY 1998 BUREAU OF INDIAN AFFAIRS FORESTRY Chugachmlut. Inc. APPROPRIATIONS. Coeur d'Alene Tribe Colville Confederated Tribes MARCH &. 1997 Confederated 5allsl1 & Kootenai Confederated Tribes of Grand Ronde Confederated Tribes of Siletz SUMMARY. Indians Mr. Chairman. I am Jaime Pinkham. President of the lntertrlbal Timber Confederated Tribes of Warm Springs Council. I am here today with the following comments regarding the Bureau of Copper lllver Native Asooclatlon Coqu111e Indian Tribe Indian Affairs Forestry program and Its proposed FY 1998 budget: Doyon. Umlted Eastern Band of Cherokee Elk Valley Rancherla Add $300.000 Forestry for Fond du Lac Forest 11 to Area tow adci1ional foresters. and Management add $150.000 to Central Office Forestry for two adcitional foresters. Gana-a' Yoa. Ltd. Grand Portage Reservation 21 Add $1 mlllon to Forest Management Inventory and Planning. Hoopa Valley Tribal Council Houlton Band of Mal-t 31 Add $500,000 to Wooclands Management. and Indians Hualapal Tribal Forestry 41 Add $3 milion for a new I.R.M.P. Ina item. Jlcor!Da Apache Tribe Kal~pel Tribe of Indians Kmuk Tribe of Cal~ornla INTERTRIBAL TIMBER COUNCIL BACKGROUND. Kawerak. Inc. Keweenaw Bay Indian The lntertribal Timber Council (I.T.C.) Is a twenty one year old organization Community Klukwan Forest Product., Inc. of sixty forest owning tribes and Alaska native organizations that collectively Koncor Forest Products lac du Flambeau Band of possess more than 90% of the 7 .3 mllllon forest acres - and a substantial portion Lake SUperlor Chippewa of the 8.6 mllllon woodland acres - that are under B.I.A. trust management. These Leech Lake Chippewas Los Coyote, Band of Mission lands are vitally Important to their tribes. They provide habitat. watershed. cultural tndlans Lumml and spiritual sites. recreation and subsistence uses. and through commercial Makah Tribal Council Menominee forestry. Income for the tribes and Jobs for their members. In Alaska. the forests Metlokatlo Indian Community MIiie Lac, Band of Chippewa of Native corporations and thousands of Individual allotments are equally Important Indians to their owners. To all our membership. our forests are essential to our physical. Mlnlsslppl Band of Choctaw Navajo Nation cultural and economic well-being. and assuring their proper management Is our Nez Perce NlsquallyTrlbal Councll foremost concern. Northern Cheyenne Passamaquoddy Penobscot Nation OVERVIEW OF FOREST Pueblo of Acoma DECLINING BIA MANAGEMENT PLANNING Pueblo of Jemez Mr. Chairman. the lntertrlbal Timber Councll'.s FY 1998 testimony focuses. Pueblo of Zuni QuDeuteTrlbe for the third year In a row. on the gro"'lng deficiency of the B.I.A. 's forest planning Qulnault lndlan Nation Red Lake Band of Chippewa capability. Mr. Chairman. It Is an unfortunate truth that the Bureau. despite Its legal Round Valley Indian Tribes 5an Corio, Apache Tribe obligations as trustee. has never fully provided current and appropriate 5anta YIObel Band of Dlegueno management plans for the forest and woocland resources It holds In trust for tribes Indians 5eala1ka Corporation across the country. Prior to 1985; B.I.A. records document that only 21 percent Shaan-Seet. Inc. 5authern Ute Indian Tribe of the nation's Indian forestlands were · managed under approved forest Spokane Stockbridge - Mun10e management plans. To help redress this appalling state of affairs. Congress Community Instituted a separate $1.2 mllllon program In FY 1985 for forest management Tanana Chleh Conference. Inc. Tllnglt & Heida Central Council Inventory and planning (FMl&P). That. alo~ with Increased levels of Forestry Tulallp Tula River Turtle Mountain Tribe While Mountain Apache Vakama lnd1an Nation YurolcTrlbe 4370 N.E. Halsey Street • Portland, OR 97213 • (503) 282-4296 • FAX (503) 282-1274 41

staffing at the B.I.A. Area and Central Offices, enabled the status of Native American forest planning to begin to Improve. With continued vigilance by Congress and consequent attention from senior Bureau officials, along with an FY 1991 funding Increase to FMl&P of $300,000, the volume of trust forestland acres In compliance with planning requirements rose to above 80 percent in 1993. However, since then, that figure has steadily declined. According to the B.1.A.'s most recent Status of Forest Management Inventories and Planning report, dated September 30, 1995, the volume of trust forestland acres covered with current management plans has declined to 62%. But even that figure does not present the true ·scope of B.I.A. forest management planning shortcomings. Most of the acreag~ with current plans is co·ncentrated among a relatively few reservations with large forests whose comparatively large staffs can develop forest m~nagement plans on their own. On a reservation-by-reservation basis, only 36 percent of forested reservations had current plans In place as of 1995. Since 1995, although we are not aware of any updated tables or records, we are certain the situation has continued to decline, most likely at an accelerated rate. Because, since '1995, funding for B.I.A. forest management inventory and planning, while remaining flat, has effectively been further eroded by both Inflation and the Increasing complex requirements of forest management planning. Moreover, since 1995, B.I.A. Forestry personnel at the Area and Central Office levels, who provide the planning expertisEt for the great majority of smaller forested reservations, has been roughly cut in half. This is intolerable. With Increasingly ·Insufficient funds for FMl&P activities, and with sharply reduced manpower needed to oversee those activities, interpret data, and develop the actual plans, it Is quite· possible that soon only 25 percent or less of reservation forests will have current management plans.• A forest without a·current management plan is, in effect, out of control. For even the most basic commercial forest activity, timber harvest, the managers have little certainty they are harvesting too many trees or the right trees. The consequences are nothing more than guesswork, and given the long term production cycles of forests, the cumulative effec:;ts could easily be the severe damaging of a tribe's forest resource, if not its outright destruction. To assure that the. most basic rudiments of forest planning can be provided tribal forestlands, we r~quest that $300,000 be added to the Area Office Forestry budget for four additional professional foresters, that $150,000 be added to the Central Office Forestry budget for two additional professional foresters, and that $1 million be added to Forest Management Inventory and Planning. In addition, we request that Woodlands Management be increased by $500,000, and that $3 million be added for integrated resource management planning. Each of these four requests are discussed In further detail below.

1) ADD $300,000 TO AREA FORESTRY AND $150,000 TO CENTRAL OFFICE FORESTRY FOR ADDITIONAL PROFESSIONAL FORESTER CAPABILITY. Between FY 1995 and today, B.I.A. Area Office Forestry personnel have been reduced from about 25 to about 15. In the same time, Central Office Forestry personnel have been reduced from about 19 to about 8. Although reduced by roughly half from FY 1995 levels, these personnel are called upon to try to provide the professional and scientific expertise required for the successful trust planning and management of 7 .3 million forest acres and 8.6 million woodland acres on more than eighty reservations throughout the entire United States. They are trying to do this at a time when forestlands are J>eing recognized as never before for their biological significance and when forestlands are being intensely scrutinized and

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chaDenged on many aspects of their management. and particularly on any commercial utfllzatlon. Yet. with or without current plans. many tribes have Uttle choice but to rely on the commercial use of their forest for at least some portion of essential tribal revenues. Of the 83 reservations with economlcaBy viable timberlands. many with smaller forests have no resident profeulonal forestry personnel. And the greet majority of the 83 reservations do not have personnel with the apeclallzed expertise neceaaary for the development of a forest management plan. So those tuka. by necealty. fall upon the 15 Area Forestry personnel spread throughout the B.I.A.'a twelve Area Offlcea. and upon the four technicians In the Central Office'• Branch of Forest Reacucea Planning. It la. quite simply. wen beyond any reallatlc expectation that such Hmlted manpower can develop. review. and oversee Implementation of management plans required by law for the 83 reservations. In fact. the Branch of Forest Reaourcea Planning hu been forced by staff reductiona to eliminate any forest planning capablity. and today prfnclpaly provides only Inventory analysis. Today's request tor six adcltlonal personnel la an exceptionally modest plea to begin the restoration of the B.I.A. forest planning capabllty. because tribal toreata. without plans, are open targets tor mismanagement or legal challenge, either of which would clmlnlah or Interrupt what tor many tribes la a cdtlcal source of eaentlal operating revenue.

2J ADD t1 IALION TO FOREST IUN~IB'T INVBITORY.AND PLAMaNG. The Forest Management Inventory and Planning budget covers the apeclal one time coats aaoclated with the perloclc development of forest management plans. These funds are acheduled tor applicatlon to various tribal foreatlands as they renew their management plans. The funds are auppoaed to cover the coats of planning activities not provided In a ntNlvatlon'a regular, on1C)lng forestry budget. such u remote sensing, mapping. Inventory. management and Implementation planning. and environmental uaeurnenta. These funda are partlcularly needed tor those smaller tribal forests where there are few or no forestry personnel. But since FY 1985. when the program wu funded at •1.2 mlllon. these funds have not kept pace with either Inflation or the expanding requirements of forest planning and management. Ona particular example where additlonal FMl&P funding la needed la N.E.P.A. compliance. As of the end of FY 1995, which la the moat current data avalable, approximately 30'6 of Category 1 forests (a rnaior foreated reservation with more than 10,000 acres of trust commercial timberland or an annual allowable cut of more than one mllllon board feet) were without current environmental aaaeumenta. rendering them technically out of compliance with the National Environmental Protection Act and so subject to poaalble challenge and shut down. One of the larger tribal forests. that of the Navajo Nation. has been shut down for several years because of challenge to planning and N.E.P.A. aaaeumenta. For the amaler Category 2 forests. the shortcomings are even more appalHng. Only about 39'6 have accepted annual allowable cuts or a current plan. Leaa than a quarter of them have environmental aaaeamenta. To correct these deficiencies, the I.T.c. requeata that the program be lncreeaed by $ 1 million for FY 1998. While B.I.A. documents lnclcate a needed FMl&P Increase of • 5.1 mWlon a year. the I.T.C. la seeking a •1 mllffon lncreue In hopes that a more modest sum may be more achievable and provide at least a moclcum of desperately needed improvement In the Bureau's planning capability.

31 ADD H00.000 FOR WOODLANDS MANAGEMENT.

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We also request an Increase of $500,000 for B.I.A. Woodlands Management, a doubling of the requested level. Mr. Chairman, In 1988, the B.I.A. Division of Forestry was formally assigned responsibility over the 8.6 million acres of tribal woodlands, Including 4 million acres with commercial capability. At that time,.B.I.A. data indicated $3 million was needed to properly Initiate trust management of woodlands. $500,000 was provided, and has essentially stayed at that level ever since. Today, those funds cover the costs of woodlands managers at three Area Offices in the Southwest and the costs of on-the-ground projects. None of these woodlands have formal management plans, and only a few have rudimentary Inventories. With little or no firm data, the three Area Woodlands Managers are essentially ·flying by the seat of their pants -In trying to cover the millions of acres within their responsibility. Yet woodlands are intensively used across a wide range of activities. particularly for subsistence and small economic undertakings. An additional $500,000 would allow a greater degree of Inventory and planning, a few additional personnel for Increased oversight, and the Implementation of an Increased percentage of the annual backlog of submitted projects.

4) ADD $3 MILLION FOR FUNDS FOR A NEW I.R.M.P. LINE ITEM. Finally, Mr. Chairman, I would like to request that $3 million be added as a new line item for Integrated Resources Management Planning in Non-Recurring Natural Resources Management. • Mr. Chairman, it Is generally accepted today that forestlands are vital, complex ecosystems, and that the harsh "cut and plant" approach of the past.ls grossly Inadequate for the perpetuation of a healthy forest resource. Everywhere you look, whether it Is the forest Industry, state forestry, or federal forestry on B.L.M. and U.S. Forest Service lands, you see a new focus on comprehensive ecosystem management. Tribes are gratified by the growing understanding that our natural resources are precious and must be nurtured. Yet It Is also frustrating to tribes that our Federal trustee, while heaping attention on comprehensive land management in other agencies, Is turning a blind eye on its land management obligations to tribes. Other than one person in the B.I.A. Division of Forestry, the Bureau has no funds dedicated to comprehensive ecosystem management planning. also referred to as Integrated resource management planning. Yet, among all Federal agencies, I_.R.M.P.s are most appropriate, and needed, for tribal trust lands. Mr. Chairman, the Indian people live on and from their land. While our population is rapidly expanding, our land base is generally static. As a result, our land base is -under increasing pressure. As noted in the 1994 report of the Indian Forest Management Assessment Team, tribes are progressive, dedicated stewards of our land, but the severely limited planning resources available to us are precluding options and flexibility. Moreover, should I.R.M.P.s not be available for tribal lands, reservations will become management blank spots in the broader fabric of surrounding land. B.I.A. has recently estimated an annual need of $15 million for ten years to develop I.R.M.P.s for all tribes. And on Indian forestlands alone, the I.F.M.A.T. report noted that $94 million Is needed annually to bring B.I .A. other-than-direct timber production management activities up to parity with the U.S. Forest Service. Yet, B.I.A. has next t~ nothing. Accordingly, we request the establishment of a new I.R.M.P. line item, and that it be funded at $3 million to begin to address these shortcomings.

Mr. Chairman, that concludes my testimony. Thank you.

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TmmsDAY, MARCH 6, 1997 BUREAU OF INDIAN AFFAIRS INDIAN ·HEALffl SERVICE WITNESS LEONARD LORRETrO, PUEBLO OF JEMEZ Mr. REGULA. Pueblo of Jemez. Mr. Padilla, the governor. Is there anyone here? Mr. L0RRETI'O. I just want to make a correction. It's not Randolf Padilla. It's Leonard Lorretto, the governor. Mr. REGULA. Oh. Randolf Padilla? Mr. L0RRETI'O. No. That's not. I am Leonard Loretta. Mr. REGULA. You are the governor. Mr. L0RRETI'O. Yes. Mr. REGULA. Okay. Mr. L0RRETr0. Good morning, Mr. Chairman. Mr. REGULA. Good morning. Mr. LoRRETI'O. My name is Leonard Lorretto from the Pueblo of Jemez in New Mexico. I want to thank you for the opportunity to testify before the committee, sharing the Pueblo Jemez. We are a small poor tribe in New Mexico. Irrigation and farming is kind of our number one thing since prehistoric times. In the past, you have funded phase I and II in our irrigation construction. Mr. REGULA. Yes. Mr. LoRRETI'O. But the phase III was never funded. We have got about half way in the remaining part. Low construction funds, so we're requesting $3 million for construction funds to finish the project. Mr. REGULA. This is all in your testimony here I see. Mr. LoRRETI'O. Yes: Mr. REGULA. What do you grow or what do you produce? Mr. L0RRETI'O. Com. Mr. REGULA. Com? Mr. LoRRETI'O. Com, chili, squash, beans. Mr. REGULA. Do you market some of this or is it for just your own? Mr. LoRRETI'O. Some, we market some, and for our own use. Mr. REGULA. But largely fc;,r your own consumption? Mr. LoRRETrO. Yes. · Mr. REGULA. How many acres do you have that are presently irrigated? Mr. LoRRETI'O. Presently we irrigate about close to 1,000. We need almost double that. Mr. REGULA. To speed the track? Mr. LoRRETrO. The southern part of our reservation, we can't get the water. We need concrete lined ditches. Mr. REGULA. How many members are in the tribe? Mr. LoRRETrO. Three thousand. Mr. REGULA. So you are producing food for 3,000 people? Mr. LoRRETrO. Just about. Mr. REGULA. And your acreage that's irrigated is inadequate to meet the tribal needs, is that correct? 45 Mr. L0RRETT0. Yes. Mr. REGULA. So you would like to get additional funding to expand the ditches for purposes of irrigation? Mr. L0RRETT0. Yes, sir. We need -$3 million to complete the project. Another problem we have in Jemez is our asthma. It's like our number one thing next to our juvenile problem. Recent studies have been made in asthma among kids and our ·elderly, are increasing at a-- Mr. REGULA. What do you attribute that to? What do you think causes it? Mr. L0RRETT0. We are trying to put a study with the University of New Mexico to find out what the problem is. So we request $100,000. Mr. REGULA. Are there air quality problems or do you think it's genetics? Mr. L0RRETT0. We're beginning to think so, so we're putting in air monitors in the reservation on the north, central and the southern part. Our juvenile justice department, we were funded by the Depart- ment of Justice, and then the funding ended and then we've got no place to go now with our juveniles. So we request another $126,000 to keep the program going. It was going so well. We were using the tribal members to counsel the kids. Then another thing is our water rights. I'm sure you heard about the United States v. Abousleman. Mr. REGULA. Yes. Mr. L0RRETT0. It was going so well. Now another thing, no funding. Now we're headed towards using our own tribal people since we know what the problem is. We request $300,000 to keep the program going. We are now, we're at the point where our tribal people are negotiating with the non-Indian associations who are sitting at the table, saying that last year New Mexico had the worst drought. We all got together and we started like a rotation schedule, where the non-Indians will use it for a couple days, and then the rest of the Indians will use it downstream, because we didn't have enough water. So we need, the Pueblo of Jemez needs, $300,000 so we can start utilizing our own people to negotiate with people from the outside. Mr. REGULA. Okay, well, we'll take this into· consideration. Thank you for coming. Mr. L0RRETT0. Thank you. Mr. REGULA. Mr. Moran, if you have any questions at any time-- Mr. MORAN. No, so far, I support everything you say and think, Mr. Chairman, although ·that buffalo proj~ct I found particularly exciting. Mr. REGULA. Sounds interesting, yes. [The information follows:] 46

TESTIMONY OF LEONARD LORREITO GOVERNOR OF THE PUEBLO OF JEMEZ BEFORE THE HOUSE APPROPRIATIONS SUBCOMMIITEE ON INTERIOR AND RELATED AGENCIES

March 6, 1997

Mr. Chairman and members of the Committee, I am Leonard Lorretto, Governor of the Pueblo of Jemez in New Mexico. Thank you for the opportunity to testify before the Committee today concerning the Pueblo of Jemez.

I. JEMEZ IRRIGATION PROJECT PHASE ill ($3.0 million)

Farming is a fundamental part of the Pueblo's culture. We have grown com and chili since prehistoric times. These products are not only a vital fQod source, but also necessary to our religious ceremonies. Our goal in this area is to maintain our culture and tradition and improve our economy by expanding our agricultural base.

We need to complete the work on our irrigation system that is in the last phase of completion. We thank the Committee for its support for the first two phases. The first two phases have already resulted in a significant improvement in our farming capabilities due to the concrete lining of the main canals. This permits us to save water that was previously being lost through seepage. However, we still have more than 27 miles of)ateral ditches that must be lined.

As the Committee knows, the BIA priority list for theses types of projects results in only the large projects being funded. Last year, one irrigation project--the Navajo Irrigation Project--received more than $20 million in funding. While projects like Jemez's that is only one phase away from completion was left unfunded. We request the Committee to complete this work, by directing the BIA to provide enough money to complete Jemez's irrigation project. The benefits that this will produce for our People will be well worth the investment.

II. WALATOW A CULTURAL CENTER ($700,000)

The Pueblo of Jemez wishes to enhance our tourism and outdoor recreation programs: (1) through the establishment of a Walatowa Cultural Center; and (2) by implementing the infrastructure required to accommodate outdoor enthusiasts who frequent the Holy Ghost and Dragon Fly fishing lakes. We are requesting $500,000 in support of construction of Phase 2, Walatowa Cultural Center, which is a 4,600 square foot facility. We are further requesting and additional $200,000 in support of infrastructure development for our fishing lakes.

The establishment of the Walatowa Cultural Center for the Pueblo of Jemez will expand economic development potential through tourism by: (1) offering quality tourism attractions to the visiting public; (2) providing information which will facilitate a safe and enjoyable recreational learning experience; and (3) generating a higher expenditure per visitor, thus creating new revenue for the Pueblo. The establishment of the Cultural Center will support the preservation of tribal traditions, cultural values, arts and crafts and beliefs among new generations ofTowa people. ill. BUREAU OF INDIAN AFFAIRS

A. TRIBAL PRIORITY ALLOCATIONS

We strongly support the President's request for Tribal Priority Allocations. TPA funds the core services of 47

every tribal government. It includes fimding for education, welfare, roads and tribal courts, which are necessary for any sovereign to prosper. While, we strongly support the President's budget request, we echo the Senate Committee on Indian Affairs' concern that the fimding for Indian programs has steadily declined since 1978. Thus, tribes are continuously forced to do more with less.

1. Social Service Funding ($126,000)

Our social services programs are fimded through TPA. We currently have a budget of $93,000 for a Pueblo of 3,000 members. From this amount we must fund all of our Indian Child Welfare services, elder services and family services including child abuse prevention programs and our family counseling programs. The funding for these programs has not increased in six years. If we are to address the increased stresses faced by our families adequately, it is critical that this Committee increase the fimding for these programs. We are particularly concerned about our youth and addressing their needs.

In 1993, the Pueblo working with the Department of Justice developed a pilot project to address issues surrounding juvenile justice and delinquency. This project enabled the Tribe to work with its youth in a traditional counseling program. In addition, through the program we were able to assess the many factors that affect the life, styles and behaviors of our youth and develop solutions to the problems experienced by them.

Since this program was initially only a three-year pilot project, DOI did not renew the funding. When this project ended in 1996, the Pueblo was left without a specific program designated for youth. The Pueblo believes that this pilot program was a success and must be supported. We request an earmark of $126,000, to continue this valuable program. We are also concerned that while the BIA has created a line item for programs authorized under the Indian Child Protection and Family Violence Prevention Act, the BIA failed to request any funding for these programs. After several years, the BIA has finally completed the regulations for this Act. It is now time to fund the programs under this Act.

B. DIRECT BIA SERVICES

As the Committee is aware, the BIA administers several programs directly for tribes. This is because, while many tribes may have the resources to administer comprehensive law enforcement, trust resources or welfare programs, many tribes such as the Pueblo do not. Consequently, we rely upon the BIA to provide these types of services. Thus, in your consideration of the BIA's fimding, we ask that you recognize the important role that the BIA serves in communities like ours. We are especially concerned that funding cuts would profoundly affect two programs vitally important to the Pueblo-law enforcement and road maintenance.

1. Law Enforcement

We do not have a tnbal police department for our community of3,000. Consequently, the Pueblo depends on the BIA law enforcement to patrol the Pueblo, including the state highway running through the Pueblo. These individuals are the only law enforcement agency for our people. We are thankful for their service to our community.

At certain times, the BIA has only one individual serving all ten Pueblos in our region. There are times that this one person must serve as dispatcher and patrol man. Any reduction in the BIA's law enforcement program would create a dangerous situation, given that we already receive inadequate police protection for the Pueblo and our visitors. \

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While law enforcement funding in the BIA is clearly under funded, we do not support any proposal that would transfer this activity to the Department of Justice. The BIA officers have the training and do quality work although they are generally underpaid and overworked. We believe the solution to the problem regarding law enforcement is to fully fund this line item within the President's budget While the $8.224 million increase requested by the President is still insufficient to meet the huge needs in Indian country, it is a start. This Committee must support this request.

2. Road Maintenance

The BIA has primary responsibility for maintenance of roads on the more than 67 miles of roadways within the Pueblo's reservation. The roads that provide critical access to grazing and farm areas, hunting and recreation areas, and our cultural sites, are badly rutted. They also have severe drainage and erosion problems, which could cause roadways to collapse.

We also need a bypass highway. Currently, State Highway 4 goes right through the Pueblo. Since the National Recreation Area declaration of the Jemez Mountains, we have seen a fourfold increase in the traffic through our Pueblo. Usually, an NRA declaration includes funding to address the increased stresses on communities. However, Jemez was not provided any funding to address the problems created by the increased traffic. Thus, there has been no relief provided to the Pueblo for the significant disruptions caused to our way oflife because of this NRA Declaration. We are now working with the State to develop a Bypass highway to divert the Highway 4 traffic. The State fully supports this proposal. We are working with the State to estimate the cost for this Bypass. We will provide this information to the Committee at a later date.

3. Detention Facility

We are pleased that the Administration recognizes the critical need for additional detention facilities in Indian country. We support the requests for the Ute Mountain and Gila River facilities. Even with these two facilities going on line, thP-re continues to be a tremendous need for detention facilities in Indian country. In the Albuquerque Area, there are 19 tribes, yet there is no tn'bal detention facility to serve the needs of these tribes. As a result, our law enforcement agencies must contract with non-Indian agencies at a significant cost. This cost is shared 50/50 between the tribes and the BIA. Thus, contracting is not only costly to the BIA, but to the tribes as well.

We would like to know the cost of contracting with outside detention facilities. While we are not certain, we believe that building a new facility may, in fact, be a more cost effective way to meet the detention needs in Indian country. We believe it would be helpful if this Committee requested such a report from the BIA.

4. Aboulselman Case-Water Rights Negotiation ($300,000)

The Pueblo is a party in the United States v Abousleman Stream Adjudication. This case, which involves the precious water resources of the arid Rio Jemez Basin, has been in litigation for well over ten years. Litigation is time-consuming, expensive and focuses on only reallocation of water supplies to parties to the litigation. The United States has already committed a water rights settlement negotiation team to help the Pueblo with these negotiations. To further the Pueblo's efforts in seeking a positive resolution of this matter the Pueblo is requesting an earmark of $300,000 from the BIA's Water Rights Negotiation Funq.

In 1996, a tremendous amount of progress has taken place in the case. Specifically, because of the record drought this last summer, there was a call by the Pueblo and the United States to enforce senior priority rights. This

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forced the parties to the negotiation table. The Pueblos and the non-Indian inigators negotiated an irrigation rotation schedule for the summer, which was approved and adopted by the federal court. This marked the first time in New Mexico history that the Pueblos and the non-Indian water users agreed to share the valuable water resource.

Despite the tremendous progress that we have made in the Abous)eman case the Bureau of Indian Affairs failed to provide any funding for the Pueblo to continue our work. Additional funding is essential to achieve the ultimate objective of a comprehensive negotiated water settlement in the basin. We request $300,000 be earmarked for the Pueblo to continue our work in the Abousleman case.

IV. INDIAN HEALm SERVICE

A. SUPPORT FOR CONTINUED RESEARCH ON ASTHMA AMONG JEMEZ CHILDREN ($100,000)

A 1992 study by faculty from the University of New Mexico School of Medicine reported that the rate of acute asthma for children living within the Pueblo of Jemez is twice the national average. This is particularly alarming because it was previously thought that asthma was not a prevalent disease among Indian people. In 1996 the Pueblo of Jemez conducted baseline research on asthma and the relationship between our dependency on wood as a primary source of heating and cooking. Our preliminary research indicates that over 45% of households are significantly at risk to the effects of indoor air pollution. We request $100,000 to design and administer a comprehensive environmental health-epidemiological assessment to determine existing environmental factors which contnbute to the kn~wn prevalence of asthma among Jemez tribal members, primarily focused on protection of our children and elderly.

B. EMERGENCY MEDICAL SERVICES

We request an increase in the ms appropriations to provide for two additional full time emergency medical technicians to be stationed at the Pueblo of Jemez. Cmrently, 2,566 motorists pass through the Pueblo on an average day. This amount doubles during the peak tourist season. We are 45-50 miles away from the nearest hospital our EMT service is crucial to saving lives that would otherwise be lost However, we cannot now provide twenty-four- hour emergency medical technicians, to ensure the health and protection of our visitors.

We have only two EMTs and eight volunteers, serving as First Responders. They cover 415 square miles, including more than 100 of miles of isolated roads and tourist sites. Consequently, the First Responders answer most night and weekend calls, as the two EMTs arc unable to meet these needs. While these individuals have done an excellent job with limited resources, two additional EMTs would allow the Pueblo to provide comprehensive emergency services, through trained professionals twenty-four hours a day seven days a week.

DS01/10980-1 4 THURSDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESS CALEB SHIELDS, ASSINIBOINE AND SIOUX TRIBES Mr. REGULA. Assiniboine--is that right? Mr. SHIELDS. Assiniboine. Mr. REGULA. Assiniboine and Sioux Tribes, Mr. Shields. Mr. SHIELDS. Thank you, Mr. Chairman and members of the committee. Mr. Chairman, TPA, or the Tribal Priorities Allocation system, is intended to give tribes more flexibility in the allocation of those funds. As we see it, the administration has requested an increase of $46 million for the programs under TPA. Essentially, this would only cover or restore funding to the Fiscal Year 1995 levels. While we support this restoration, it would still fall far short of allowing the Ft. Peck Tribes to meet the needs of our people in key areas, including law enforcement, education, welfare assistance, and housing. We urge the committee to do all it can to increase TPA above the level requested by the President. On the last page of the testimony, I have an attachment, a chart, that shows-the left column is for the Bureau of Indian Affairs, the agency and the programs we contract, and on the right column is the Indian Health Service and those programs that we contract. If those are totaled up, the current levels of funding that we have in Ft. Peck now, and those under BIA and our contract programs, is around $6.5 million. An adequate budget would be just about twice that amount. That's how we have "de-gressed" over the years w.ith reductions. Also, the Indian Health Service column over there, we have around $14.5 million, and $17 million would be an adequate budget just to provide the services that are needed. So really even though tribes, many tribes, are contracting their self-governance, some tribes are not contracting at all. In any case, most all the tribes are experiencing levels below the 1995 level of funding. We have real shortfalls in law enforcement on our reservation. It's a large reservation, 600,000 square miles, 2 million acres. For coverage, we only have 18 police officers compared tcr--the reservation's 100 miles long and 45 wide. That's a lot of territory to cover. Mr. REGULA. It surely is. Mr. SHIELDS. We need additional law enforcement funds. Also, in the ·area of education, the President requested $30 million for scholarships, but, unfortunately, the current level provides scholarships to only 60 percent of students; the other 40 percent have to wait or get on a waiting list. So that's another area that needs additional funds. Mr. REGULA. You have about one minute left. Mr. SHIELDS. Yes, and, also, we have-what's· not covered in the President's budget-or the budget reguest is only $17 million for JOM. This is, again, it represents a $7 million cut from the 1995 level of funding. So actually about $24 millio:r;t is needed in JOM. 51 The rest of the testimony, Mr. Chairman, covers the welfare assistance, private school, a detention facility, tribal colleges, our In- dian health concerns. So we have those all. Mr. REGULA. We appreciate your bringing them to our attention. Thank you. Mr. SHIELDS. Thank you. [The information follows:] 52

TESTIMONY OF THE ASSINIBOINE AND SIOUX TRIBES OF THE FORT PEQ{ INDIAN RESERVATION ON FY 1998 APPROPRIATIONS BEFORE THE HOUSKAPPROPRIATIONS COMMITTEE, SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES MARCH 6, 1997

Mr. Chairman and members of the Committee, I am Caleb Shields, Chairman of the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, in Montana. It is an honor to · appear before you today to present the Tribes' FY 1998 appropriations testimony. While our concerns are many, we would like to focus on certain areas regarding BIA and ms appropriations. We attach a list describing all of our needs in the BIA and ms.

I. Tribal Priority Allocations

The Tribal Priority Allocations system is intended to give tribes an additional measure of flexibility in determining how to use available funds to best meet local needs. The Administration has requested an increase of $46 million for programs under TP A. This request would essentially restore overall funding for TP A to FY 1995 levels. While we support this restoration it would still fall far short of allowing the Fort Peck Tribes to meet the needs of our people in key areas including law enforcement, education, welfare assistance and housing. We urge the Committee to do all it can to increase TPA above the level requested by the President.

A. Law Enforcement

The President's budget requests $79 million for BWtribal law enforcement nationwide. This is an $8.2 million increase over last year's level, but is about $1 million less than was provided in FY 1995. This modest funding must meet the needs of200 Indian Reservations with 198 BIA and tribal law enforcement agencies covering approximately 100,000 square miles. At Fort Peck alone, we have a $1.3 million shortfall in our law enforcement department. Our Reservation covers 6,000 square miles. We have a population of 13,000 living on the Reservation. We only have a police force of 18. We need a minimum of 25 police officers to safely patrol the Reservation. Although our officers are well trained and dedicated, there are simply not enough of them to meet the day to day law enforcement needs of my community.

In addition, our law enforcement department is in desperate need of equipment. We have only 8 aging police cars, to patrol the entire Reservation. Our Department also needs additional criminal equipment such as car radios, bulletproof vests, roll bars and protective shields.

Several recent incidents of violent crime have plagued our Reservation. The community is currently working to understand the causes of these crimes and to develop mechanisms to lessen the 53

risk of such crimes in the future. While there will undoubtedly be many parts to any solution, it is clear that one fundamental component is a strong police presence. This will send a strong message that violent crimes will not go unpunished in our community. It is critical that this Committee endorse the Administratio1!-'s full request for law enforcement.

B. Education

The President's budget requests $30 million for scholarships for Indian students to accredited post-secondary schools, an increase of$3 million. We support this request. Encouraging our people to take the step to attend post secondary school is one of the Tribes' top priorities. Attending college -- particularly for those individuals from families that have not previously sent anyone to college -- takes courage and often considerable personal sacrifice. We believe it is our responsibility to support the efforts of our people to attend college. Unfortunately, current funding provides scholarships to only 600/o of the people who applied for assistance. This means that 40% of our eligible people who wish to further their education are shut out. This is tragic, as it diminishes the number of educated Tnbal members who would return to our communities to work with our youth, our elders and otherwise enhance the well-being of the Tribes.

While we support the budget's increase for scholarship funding, it appears that it is coming at the expense of another critical education program. The budget requests only $17 million for the Johnson O'Malley Program. This is a $1 million cut from last year's level. Even more telling, this represents a $7 million cut from the FY 1995 level. The Administration is requesting this cut although the number of Indian children attending public schools has increased since FY 1995. The JOM Program provides important academic programs including tutoring, counseling, and teacher assistants for Indian children attending public schools. JOM is critical to tribes like Fort Peck that do not have BIA or tribal schools. Simply put, JOM is a key to seeing our children succeed in public schools. We urge this Committee to reject this cut and restore the funding for the JOM program to the FY 1995 level of$24 million.

C. Welfare Assistance

We strongly support the Administration's requested· increase for welfare assistance. However, this request is still $7 million less than what was provided for this program in FY 1995. Since 1995, the caseload for as&Stance under this program has increased substantially. The BIA and the tribes expect the caseloads to rise significantly, particularly during the initial stages of the implementation of the welfare reform law. As Indians are denied assistance under state plans, they will increasingly turn to the tnbes.

In communities like mine with an unemployment rates as high as 59%, welfare assistance ensures that at least some of our people will not go without the most basic needs in life. Currently, we need an additional $600,000 for welfare assistance. Because of the significant shortfall, we can provide assistance to only 66% of the people who apply. The other 34% must do without. The Administration's requested increase will not even meet the existing needs for this program, let alone

-2- 54 the expected increases. While we support the increase as a minimum, we urge this Committee to restore funding to this critical program to at least the FY 1995 level.

The Fort Peck Tribes are very concerned that the Administration has failed to request illll'. money for programs under the Indian Child Protection and Family Violence Prevention Act. The Administration budget includes a new funding line item, but that tiny step does not provide any services to prevent child abuse, or help its victims. I cannot accept the Administration's statement that neither the BIA nor the entire Department of the Interior could "secure resources to begin 9peration of these programs." These programs should be a priority for all ofus who choose to work for the people of our communities and the Nation. Congress recognized the significance of this problem when it enacted the Act. This Act must be funded. I urge this Committee to provide $10 million to begin the operation of these programs.

II. Tribal School ($102,200)

In the fall of 1995, the Fort Peck Tribes authorized the operation of the Fort Peck Tribal School, an alternative school to meet the educational needs of our children who have problems that prevented them from continuing in the public schools. The Fort Peck Tribes realized that unless we stepped in and took on the responsibility to educate these children, they would not be able to complete their education and would likely be lost to us forever. The Tribes were able to open the tribal school with a small grant from the Walmart Corporation and in kind contributions by the Tribal College and our parents. The school now has an enrollment of fourteen children. These are children who were expelled from public school for behavioral or other reasons and had no hope of completing their public education. Because of a lack of space and personnel, we have had to turn away ten additional children. We are now asking this Committee for $102,200 to continue this important initiative.

The school provides a full day of instruction. Academic classes include instruction not only in math, biology, and history, but also in the languages ofmy people. We are proud of our children in this school and the progress that they have made in improving their lives. We understand that there is a freeze on adding schools to the BIA system, but ifwe do not try to address the needs of these at risk children through education programs, we will almost certainly be forced to meet their needs through our juvenile justice programs, our substance abuse programs and our welfare programs. Our innovative approach to alternative education must be explored and rewarded. I am confident that it will prove to be an investment that not only helps students, but saves the government money in the long run.

ID. Detention Facility Renovations ($2.4 Million)

In June 1995, the BIA completed a needs assessment of the Fort Peck Detention Facility, the only adult detention facility on our Reservation. The needs assessment found that the facility was in need of several repairs to address structural deficiencies that would result in violations of both building codes and BIA standards for detention facilities. As the report makes clear, the facility

-3- 55 needs additional inmate housing. It also needs new fire alarms and monitoring systems and a new intake/booking area with holding cells. The estimated cost of these items is $2.4 million dollars. We request this Committee to include this amount in the BIA's construction budget.

There is also a critical need for additional staffing at both our adult and youth detention facilities. The youth facility is a sixteen bed facility housing both high security and minimum security male and female clients. There are currently ten security personnel and three support staff. According to the applicable standards, a facility of this size requires at least sixteen security personnel and 4.5 support stafI

We have perhaps even a greater need for staff at the adult detention facility. In the last year, we have had several suicide attempts, as well as numerous escape attempts at our detention facility. Overcrowding at the facility and the lack of adequate staffing both are significant contributing factors. The adult detention facility houses twenty-two inmates. But, we are forced to operate at 50% above capacity about 9So/o of the time. This overcrowding has forced us to contract with the Roosevelt County jail to house our female inmates and some of our problem male inmates. This is a costly alternative, which cannot continue through the fiscal year due to budget constraints. To meet the appropriate standards, we need seventeen security personnel and three support staff. Currently, we have five security personnel and no support staff. Our security personnel must also serve as dispatch personnel for our police department. At a minimum, we need five additional security personnel and five additional dispatch personnel. Without these improvements we are concerned about the safety of our staff: the inmates and our community.

IV. Tribal Colleges

We support the Administration's $30 million request for tribal colleges. This request is consistent with the President's Executive Order on Tribal Colleges, which supported enhancing federal support to tribal colleges and universities nationwide. The twenty-four tribal colleges are important institutions to remote tnbal communities. On the Fort Peck Reservation, we operate the Fort Peck Tribal College, a fully accredited institution, offering Associate Degrees in arts, science and applied sciences. We also offer a vocational certificate for our students. We have a current enrollment of 366 students. Last year twenty-eight of our students graduated. Of these twenty-eight who graduated, 7 went on to continue their education in a four-year institution.

V. Indian Health

We strongly support the Administration's requested increase for cpntract health care, which provides valuable assistance on Reservations like mine where there is no IHS hospital. On the Fort Peck Reservation, we have a shortfall of$1.1 million in contract health care. The Administration's request of$374 million for contract health care will certainly not enable us to meet all of the health care needs of our people, but it will allow us to provide services to additional people. We urge the Committee to provide additional funds for contract health care.

DS0l/11004-1 56

Tm.msDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESS FERDINAND MANTINEAU, FOND DU LAC BAND OF LAKE SUPERIOR CHIPPEWA Mr. REGULA. Fond du Lac Band of Chippewa Indians, Mr. Pea- cock, chairman. Mr. MANTINEAU. Hello, Mr. Chairman, my name is Ferdinand Mantineau, and I'm resource manager and director for the Fond du Lac Reservation. I'd like to thank you on behalf of the Fond du Lac Band for this opportunity to present this testimony. We're here to urge the committee's continued support for tribal programs which are important to the lives of Indian people. We seek your support specifically for our natural resources and forestry initiatives and the Fond du Lac Ojibwe School on the reservation. The Fond du Lac Reservation is one of six Chippewa bands of the Minnesota Chippewa Tribe. The reservation was established by the Treaty of 1854 with the United States Government. It encompasses approximately 100,000 acres, and there are currently-- Mr. REGULA. This is in Wisconsin? Mr. MANTINEAU. Minnesota. And there are approximately 3,500 enrolled members. Our message is this: there continues to be a substantial unmet need in health, education, and protection and management of natural resources. Any reductions in funding, no matter how small, for Indian country or Indian programs would be severe and have adverse impacts on our _people. While BIA may not be as efficient or as accountable as it should be, that is no reason to reduce Federal funding in ways that will harm Indian people. The relatively small amount of Federal funds that actually reaches tribes to serves the needs of Indian people must be preserved. We have on-reservation needs. The loss of our wild rice lakes and wildlife habitat and the decline of our forests, and biodiversity, are a great concern to the Band, and we seek an additional $270,000 for natural resources and forestry programs to enable us to address these needs. Mr. REGULA. We'll look at your needs. I'm curious, what is your economy? Where do most of the people work or how do they support themselves? Mr. MANTINEAU. The reservation currently employs about 1,200 people, and there's-of course, we're located next to Duluth and to _the city of Cloquet itself. There's a lot of factory, wood products fac- tories that are in the area. Mr. REGULA. So a lot of your people work off the reservation then? Mr. MANTINEAU. Yes, they work within the community, the greater community itself. Mr. REGULA. What do you do for health facilities? Do you have your own? 57

Mr. MANTINEAU. We have our own clinic, our own IHS clinic. The reservation built the initial clinic with some payback from IHS, and the second one was built, I believe, with tribal gaming funds. Mr. REGULA. Do you have some gaming on your reservation? Mr. MANTINEAu. Yes, we do. Yes. Mr. REGULA. And what· do you do, draw on the city populations around? Mr. MANTINEAU. Well, there's probably about 500,000 people within a 25-mile--- Mr. REGULA. Do you do pretty well with it? Mr. MANTINEAu. Well, it does okay to meet some of the needs of the reservation. Mr. REGULA. Do you have a contract with some group to operate it? Mr. MANTINEAu. No. Mr. REGULA. You do it yourself? Mr. MANTINEAU. No, the tribe operates it itself, yes. Mr. REGULA. And you plow back any profits you get into the tribal needs? Mr. MANTINEAU. About 60 percent of the profits are put back into the needs of the tribe itself. The tribe has scholarship funds that come from the Bureau and from other agencies, and then they put money into that program. They put money into the health programs, into the natural resource programs, and things like that. So, yes, a lot of money is put back into the-- Mr. REGULA. Okay, well, thank you for coming. Mr. MANTINEAu. Well, thank you. [The information follows:] 58

FOND DU LAC BAND OF LAKE SUPERIOR CHIPPEWA TESTIMONY ON FY 1998 APPROPRIATIONS - TO THE HOUSE APPROPRIATIONS COMMITfEE, SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES

Mr. Chairman, Members of the Committee, the Fond du Lac Band of Lake Superior Chippewa would like to thank you for this opportunity to present our testimony on FY 1998 appropriations for the Department of Interior and Related Agencies. We urge the Committee's continued support for tn'bal programs, which are so important to the lives of our people. In particular, we seek your support for our natural resources and forestry initiatives, which are ~ssential to protect the resources on which our people depend. We also seek your support for our Fond du Lac Ojibwe School, which_ is needed to provide a safe setting i,n which we can educate our children.

The Fond du Lac Reservation is one of six Chippewa Bands in the Minnesota Chippewa Tn'be. The Reservation was established by Treaty with the United States on September 30, 1854. The Reservation encompasses approximately 100,000 acres. There are currently about 3;350 members ofthe Fond du Lac Band.

Our message to the Committee is this: There continues to. be substantial unmet needs in health, education, and the protection / managemCf:It of our natural resources. Any reductions in funding, no matter how small, for Indian programs would have severe, adverse impacts on our people. While the BIA may not be as efficient or accountable as it should be, that is no reason to reduce federal funding in ways that will harm Indian people. The relatively small amount of federal funds that actually reaches the Tn'bes and serves the needs of Indian people must be preserved.

On-Reservation Needs. ·The waters, wildlife, wild rice, and forest resources of our Reservation are vitally important to the members of the Band, as these resources provide the foundation of our culture, subsistence, employment, and recreation. The Fond du Lac Reservation includes some 3,200 acres of lakes, 1,900 acres of wild rice lakes and associated wetlands, 66 miles of cool water streams, and 17,500 acres of forest. Unfortunately, our resources are under great stress. The loss of wild rice lakes and wildlife habitat, and the decline of forest biodiversity are of great concern to the Band. Therefore, we are seeking an additional $270 000 for our natural resources and forestry program to enable us to address the challenges we face in this critical area. The main area of concern is for Aquatic Resource Protection and Restoration. It is imperative that we continue to protect these resources for the future generations on Fond du Lac by the implementation of a anti-degradation monitoring program with emphasis on mitigation of contaminants.

Likewise, it is essential that we provide proper management of our forests, to assure that those resources are properly managed and r~main productive over time. Our 59 original white pine forests were largely destroyed by uncontrolled cutting early in the century. We need to manage our remaining forests with selective cuts, extended rotations and smaller staged cuts, to conserve the resource. Our goals are to increase our harvest from 130 acres to 3SO acres per year, to enhance the forest wildlife habitat [particularly for game species], and to increase biodiversity. We will accomplish these objectives through our Integrated Resource Management Plan, with the cooperation of state, county, and private forest and wildlife managers. We also feel it is important to support the funding of the BIA's Forest Development, and Inventory and Management Planning add-on funds.

A third componmt of our natural resources initiative involves our waterfowl and related wetlands resources. The Band has been a participant in the •circle of Flight" program, by which a number oftribes have bad a high level of success with local initiatives in wetlands and waterfowl habitat restoration. We urge the Committee's continued support for this critical program. ·

Ceded Territory Needl. The Fond du Lac Band has had it's rights r~aflirmed in the 1837 ceded territory. This means the Band is responsible for an additional 3,000,000 acres oflmd on which treaty rights exist and DBISt implement a system similar to the one used in the 18S4 cecled territory to protect the exercise of treaty reserved rights. We are seeking an additional $186,551 be added to the Bureau of Indian Aflms base budget and earmarked for Fond du Lac and the 1837 ceded territory. We also ask that you support the joint request ofthe 1854 Authority and Fond du Lac to increase the base budget of the 18S4 Authority and Fond du Lac by an additional $255 S07. This is important to continue the enforcemmt, monitomg, and assessment activities in the 18S4 Ceded Territory.

Fond du Lac Ojibwe ScbooL Our top priority is education. Our greatest concern in this area is that our cbildrm are currently forced to attend a school that is unsafe. Four years ago a BIA report examined our existing grant school, and concluded that "The building poses a clear and immediate danger to its occupants. Any attempt to continue to use this facility on other than a mort-term, interim basis, is imprudent.• 1992 BIA Construction Validation Report. As this conclusion reflects, our current school, which serves students ftom kindergarten through 12th grade, is in a decrepit and unsafe condition. The building does not meet building codes or BIA space guidelines. We are concerned that the physical plant of our school leaves our children in serious jeopudy, and places them at a significant disadvantage in terms of educational opportunity. Children can not be properly educated in an inadequate and deteriorating school

In 1992, the Fond du Lac Reservation submitted an application to the Bureau of Indian Affairs for New School Construction. Following an October 1992 Construction Validation Study, the Fond du Lac Oj1bwe School was ranked #14 on the Education Facilities Construction Priority list of FY 1993." In 1996, Fond du Lac received a PL 100- 297 Grant in the amount of $578,989 for the planning and design stage of the school project. Planning and design will be completed by July I, t 997. It would be expedient 60

if construction funding were appropriated at this time rather than FY 2000 or later .as the BIA has projected.

We urge the Committee to provide additional funding in the amount of$12 million for a new school on the Fond du Lac Reservation.

. : Additional Education Program Needs.. The Band strongly supports the Administration's request for Indian Education programs including: $296 million for the Indian School Equalization Program (ISEP); $34 million for Student Transportation; $74 million for Facilities Operation and Maintenance; $44 million for Administrative Cost Grants; and $5 .4 million for Early Childhood Development. Funding should also be continued for flow through programs serving tnbes including: Title I; Individuals with Disabilities Act (IDEA); Substance Abuse and Title IX. We are however very concerned that the Administration has requested only $17.2 million for the Johnson-O'Malley program. This is a $1 million cut from last year's level A number of our youth go to public . schools and the Johnson-O'malley program is critical-to their success in the public school _ system -We urge the Committee to reject this cut.

We support the Administration's ,$30 million request for tnbally. controlled Community Colleges. However, it is clear that this amount of funding is not sufficient to meet the growing need of tnbal colleges.. -The ,Fond du Lac Tnbal and Community . College is unique in the United States as it is jointly a tnbal college and a member of the Arrowhead Community College Region in Minnesota. Continued financial support for American · Indian students and educational programs at this Tnoal College is vitally important. '.fnoal Colleges provide. an important and· unique educational· opportunity for many of our students. These institutions must be strongly supported.

Conclusion The needs at Fond du Lac and on other Reservations throughout the country remain massive. We: appreciate the Committee's consideration· of our appropriations request and we . urge the Committee to do ·a11 it can to preserve funding for Indian programs. 61

TliuRsDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESSES TOM MAULSON, LAC DU FLAMBEAU BAND OF LAKE SUPERIOR CHIP- PEWA INDIANS LARRY J. WAWRONOWICZ, LAC DU FLAMBEAU BAND OF LAKE SUPE- RIOR CHIPPEWA INDIANS Mr. REGULA. Lac du Flambeau Band of Chippewa. Mr. MAULSON. You're getting good at that. Mr. REGULA. Yes. [Laughter.] Mr. MAULSON. Mr. Chairman, both these tribes have had some problems with near-by residents who are not particularly sympathetic to their fishing and all. I know you've encountered a fair amount of discrimination. Mr. REGULA. They may want to speak to that. So you're wearing two hats today; is that it? Mr. MAULSON. rn do it· once again; I've got a second shot at it. [Laughter.] Mr. REGULA.-Okay. Mr. MAULSON. Good morning, Mr. Chairman, committee. Thank you for this opportunity. I want to introduce my supporter here of our natural resource department on our reservation. I'm not going to go through this. You all can read it, but we're only expanding on the basic needs, what the other nations are having out there about with Indian heaj.th and obligations to us as Na- tive people. Like you say, discrimination against Indian people in reference to treaty rights is an essential part of our life. These are, once again, God-given things to us as Indian people. I want to thank you for that, though. And I'm going to turn this over to my natural resources person because he can identify some of the good things that we're doing for not only Indian people on my reservation, but for non-Indian people also that come to Wisconsin, and we're trying to be good neighbors. Mr. REGULA. Do you have non-Indians that use your land for hunting, fishing, that type of thing? Mr. MAULSON. Ninety-five percent. Mr. REGULA. Do you charge them? Mr. MAULSON. No, we don't, not at this time, but we plan to do it. Mr. REGULA. Why don't you? Yes, I'm saying I think you should. Mr. MAULSON. Well, we need your support. Mr. REGULA. Well, do they have to get a license from the State? Mr. WAWRONOWICZ. Yes. The way the system works now, sir, is that individuals utilizing the fisheries resource on our reservation would require a State license, and the revenues generated from those State licenses would go back to the State for fisheries management objectives. 62

Mr. REGULA. Do they help you with your management then, stocking, etc? Mr. WAWRONOWICZ. No, not even that. Mr. REGULA. But they collect the money? , Mr. WAWRONOWICZ. Correct. So, currently, what we're doing-- Mr. MORAN. That's the problem, Mr. Chairman, and I would hope we could maybe weigh-in on the side of right here. Mr. REGULA. Yes, I'm trying to think how we could remedy that. Mr. WAWRONOWICZ. Mr. Chairman, we have some additional information that supports a lot of our testimony. Mr. REGULA. Do you have the-same thing in hunting? Mr. WAWRONOWICZ. Hunting is a little bit different because we are a checkerboard reservation, and non-Indians can utilize the hunting resources on their land, and they would require a State license, but a deer or bear doesn't know boundaries between-- Mr. REGULA. Yes, right. You have non-tribal lands that are mixed in with yours? Mr. WAWRONOWICZ. Correct. Mr. REGULA. So it is a little more difficult to control that in terms of hunting. Mr. WAWRONOWICZ. Hunting-well, water resources; there's a lot of jurisdictional gray areas that we have some problems with. Mr. REGULA. Are you involved in providing support services, for example, motels, restaurants, or anything like that, for the out-of- state or out-of-community hunters and fishermen? Mr. WAWRONOWICZ. The tourism industry in Wisconsin, especially in Vilace County, the county that we live in, is a million dollar business-I mean millions of dollars. Mr. MAULSON. A billion dollars. Mr. WAWRONOWICZ. Yes. ' Mr. REGULA. And you're not involved in it then?. Mr. WAWRONOWICZ. Not at. this time, no~ Mr. REGULA. It's done by others. Mr. WAWRONOWICZ. But we do, because we provide an excellent fishing experience-we have 158 lakes on our reservation, 20,000 acres of water, 34 miles of creeks, rivers, and streams, and people from all over the country come to visit. Mr. REGULA. But you can't receive revenue from that? Mr. MAULSON. Mr. Chairman, this year we're hoping to work out an agreement with the State of Wisconsin in reference to .allowing the sports anglers in the upper third of Wisconsin in treaty· rights areas, where we hunt and fish, especially fish, to allow them a three-bag limit, where we're looking at getting a reciprocal agreement with a fishing license on our reservation for allowing that to happen. It's in its infant stage at this time. Mr. REGULA. So you're negotiating with the State? Mr. MAULSON. Yes, we are. Mr. REGULA. But your own people do not have to get a license? Mr. MAULSON. No, we don't. Mr. REGULA. And you get nothing back out of the license fees? Mr. MAULSON. We haven't received an iota, a dime, from the State of Wisconsin in years and years, and this is why we keep coming back to this committee right here. 63 Mr. REGULA. And they don't provide management services for you? Mr. MAULSON. None whatsoever. Mr. WAWRONOWICZ. All our management dollars, since we're a 638 tribe and the tribe decided to manage it-we have a tribal fish hatchery that raises millions of fry fingerlings a year to stock the waters-- Mr. REGULA. Fingerlings that go into these lakes1 which make them attractive, but you have no return revenue from.that? Mr. MAULSON. That's right. We even offered to stock off-reservation lakes because of loss of power, if you want to call it, by the State of Wisconsin. They're reluctant to allow us to do that. Hope- fully, we can make some agreements later. Mr. REGULA. Does the Federal Fish and Wildlife Service help you in any way? Mr. WAWRONOWICZ. We have some memorandums of understanding with the U.S. Fish and Wildlife Service, especially in the waterfowl enhancement areas, but in our program, we have the circle of flight program which we request dollars to--it's a wetland and waterfowl enhancement program that helps 32 tribes of the Great Lakes region. Mr. REGULA. Are you in a flyway? Mr. WAWRONOWICZ. The Mississippi flyway, we're in that flyway. Mr. REGULA. So you get migratory birds dropping in? Mr. WAWRONOWICZ. Right, and what we produce helps everybody up and down the flyway. Mr. REGULA. Yes. Mr. WAWRONOWICZ. And the other thing is, we're restoring wetlands and keeping our wetlands intact. The important thing here to remember is that wetlands stop water. So it reduces flooding. You have the emergency response of FEMA to flooding areas. We're trying to do everything we can to restore those wetlands and to protect the wetlands that we have. Mr. REGULA. You've got about a minute. Mr. Moran. Mr. MORAN. Do you think Governor Tausen would be responsive to the concept of reciprocity between the Federal and State governments, and I agree with the implication of the chairman that this seems to be inappropriate and unfair. It's a one-way street in terms of the State. But I would ask, why you can't develop more business, though, so that you can take. advantage, in the same way that the people who are discriminating against you are taking advantage of the people coming to the area. Mr. MAULSON. Well, I think, Mr. Moran, in reference to that question, I think you could understand where we, as Indians, were . coming from. We weren't-way back then we were not afforded the opportunity to become entrepreneurials like the non-Indian people today. I think it's going to take us some time to be that, and I think a lot of Indian nations are struggling in that particular effort to do that. It's great, and I appreciate it, and I hear a lot of cry from Indian nations here, .and those types of requests, and by authorizing those requests, I think we can eventually make that happen. You people can do that if you put the pen to the paper, and we appreciate that. Instead of always continuously coming here looking at decreases, that means now start to increase in those ob-

40-073 97 - 3 64 ligations to us as Indian people out there because we were on your side when you all came here first, you know. [Laughter.] Mr. REGULA. Yes. Mr. MORAN. We understand that. You've got some people going into business, though, through these--- Mr. MAULSON. Yes, and this is where the education comes in, you know, where our young people are starting to want tcr-1 hate to say, ''want to be like white people," but they are starting to do that because they're starting to see where business is good. Instead of working from a tribal perspective or from government dollars, they're starting to feel good ··about making their own dollars out there. If we could make that happen here, and give them that push on our reservations, I think we could go a long ways. . Mr. MORAN. Well, getting your fair share is good, certainly. Mr. MAULSON. Thank you. Mr. MORAN. You don't have to emulate everything about white people, either. [Laughter.] Mr. MAULSON. We know that, you know, you say that about Indi- ans sometimes, and we've got to get back once in a while. Mr. REGULA. The' dollar bill's green. [Laughter.] Mr. MAULS0N. It has no color bearing. Mr. REGULA. That's right; that's true. Mr. WAWRON0WICZ. To capitalize on the tourism industry, the natural resource department runs a 72-pad campground which is on one of the premiere lakes. Mr. REGULA. Okay, so you are-okay. Mr. MAULS0N. We'll work in that direction with you. Thank you, Mr. Chairman. Mr.-REGULA. You're running out of time.. Mr. MAULS0N. All right, thanks. [The information follows:] 65

TESTIMONY OF THE LAC DU FLAMBEAU BAND OF LAKE SUPERIOR CHIPPEWA INDIANS BEFORE THE HOUSE APPROPRIATIONS COMMITTEE SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES ON.FY 1998 APPROPRIATIONS MARCH 6, 1997

Mr. Chairman and members of the Committee. My name is Tom Maulson and I am the Tribal Chairman of the Lac du Flambeau Band of Lake Superior Chippewa . Indians, located in Wisconsin. I am here to testify on ·behalf of my people, to discuss issues, concerns and needs.

The message from my people is that the United. States must keep its obligations to the Lac du Flambeau Band. The United States is obligated by Treaty to provide critically needed social, education, health and governmental services to the Band and its members in exchange for the land and peace provided by our forefathers. This is the heart of the federal government's trust responsibility to the Band. And, this trust responsibility is very much on the minds of my people - who know how much we gave up in exchange for the promises of the federal government. We urge you to keep this in mind as well, as you .. consider funding for Indian programs.

I turn now to some specifkfunding issues arising out of the President's FY 1998 Budget.

Health Care

Health care on the reservation remains a major·concern of our tribal members. Currently, the IHS Budget for our service unit funds only about 60%·ofthe Band's need for health care services. The overall IHS Budget of $2.12 billion must serve a rapidly expanding Indian population, now in excess of 2 million people, in a time of rising health care costs. The impact of the shortfalls is seen most dramatically at the Reservation level. At Lac du Flambeau, most of the health care for our people is provided through the IHS contract health care system. Funding for contract health care meets less than half of our need. We are forced to undertake a terrible rationing of health care - addressing only emergencies. If a child requires an MRI or CT-scan, we cannot provide these services - unless a life is in imminent danger. We cannot provide eyeglasses or hearing aids for our elderly. In many ways, current funding.levels ·are leaving our people without funds for health care which, by any humane view, should be provi~ed. We urge the Committee to 66 provide an increase of 10% (about $36 million) for contract health services to enable tribes to provide an appropriate and decent range of health care services to our people.

Indian Education

I was glad to note that the President has set education as one of his funaamental priorities. I urge the Committee, and Congress, to join with the President in providing the resources and programs necessary to improve the educational opportunities throughout the United States. At the same time, I urge the Committee to work with the tribes to find ways to target the particular educational needs that arise in Indian country.

For example, the BIA Higher Education Program provides desperately needed scholarship funds to tribal members. But, while we strongly support this program, it does not meet a critical need of many of our members - payment for child care and transportation expenses to enable them to attend college.

We currently have 41 students participating the Higher Education Program. Most of these are older students, who have families and did not pursue higher education immediately after high school. The average age of these students is 29. Our Reservation is in a remote area of northern Wisconsin, with the nearest 4 year college located 90 miles away. Transportation to and from school is a major burden for many. Likewise, child care is very expensive in our m;ea. In many cases, the costs of transportation and child care create insurmountable barriers for qualified students who wish to remain in school. Currently, most financial aid programs, including those for individuals with very low incomes, do not cover child care and transportation costs. The Band urges the Committee to provide funding for needed child care and transportation within the BIA Higher · Education Program - to enable more of our students to be able to stay in school and pursue their dreams.

Natural Resources

The natural resources of the Lac du Flambeau Band are our most valuable and significant asset - apart from our children. Our natural resources provide my people with cultural, spiritual, subsistence, social and economic opportunities. The Reservation is located in the heart of Wisconsin's tourism and sportfishing region. Tourism and related industries provide livelihoods for Indians and non-Indians alike. The land, the water, the air and all the animals and plants that live along with us on this Reservation, help make us what we are as a people. We need funding to assure that we can fulfill our responsibilities to keep these resources clean and available for the generations to come.

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The Lac du Flambeau Band has developed considerable expertise in the management of our natural resources. We have a fish hatchery that is a central element of our overall natural resources program. Our activities also include conservation law enforcement, development of tribal management codes, fish population studies and habitat improvement Unfortunately, there are growing stresses on our natural resources from increased local development. We have a dedicated staff of 20 in our Natural Resources Department. But funding for our staff and these critical programs has not increased since 1990, a period which saw our costs escalate rapidly .. Unless there-is an ., increase in funds, we will either have to reduce services, or lose some of our qualified -staff. We urge the Committee to increase our-Tribal Management and Development funds by $125,000 to enable us to maintain our critical natural resource programs.

We strongly support full funding for the Circle ofFlight program (also known as the Wetlands and Waterfowl Management program). This program addresses the critical problem of the decreasing number of waterfowl and the deterioration of our wetlands. The program emphasizes locally developed tribal programs, involving wetlands restoration, refuge creation, waterfowl nesting site development and others. Under this program, tribes are contributing needed wetlands and some of the best waterfowl areas in the Nation. We urge the Committee to provide a total of $1 million ( an increase of about $400,000) to promote worthy Circle of Flight programs.

The Band is responsible for managing 55,000 acres of forest land on our Reservation. We must handle broad needs including tree planting, prescribed burning, timber road design and maintenance, timber sale administration, and integration with wildlife management. In addition, our Forestry program is responsible for cultural resource surveys under section 106 of the-National Historic Preservation Act, although we receive no funds for that labor intensive and important responsibility. We request an additional $40,000 to enable our Forestry program to undertake the necessary activities in managing our forest lands.

We also ask ,the Committee to restore funding to the BIA's Fish Hatchery Rehabilitation account, in the amount of $1.5 million. The federal government invested substantially in a number of tribal fish hatcheries around the country- including at Lac du Flambeau. These hatcheries provide significant economic benefits. Without funds for rehabilitation, these hatcheries, many of which are now old, will soon become ineffective· and the benefits of the hatcheries will be lost.

Lac du Flambeau also supports the President's request of$3.548 million for the Great Lakes Indian Fish and Wildlife Commission, as well as the Commission's request

DS0l/11027-1 3 68 for an additional $95,330 to facilitate the implementation of the Commission's responsibilities arising from the recent federal court decision regarding off-reservation Treaty rights in the 183 7 ceded territory in Minnesota.

Law enforcement

Police protection is a major government function in every community. At Lac du Flambeau, our tribal police have cross-deputization responsibilities - which require that they obtain a full measure of federal and state law enforcement training and certification. Moreover, because the local Vilas County Sheriff's Department in our area has reduced patrols on the Reservation, increased law enforcement presence by the Band is necessary. To provide the required services, we need 10 law enforcement officers. We need an additional $224,000 to assure the safety of residents of our communities.

Tribal Priority Allocations

At Lac du Flambeau, our education, law enforcement, forestry and other key programs are included within Tribal Priority Allocations. The TPA system allows the Band to move funds from one TPA program to another, in line with the priorities set by the Band. But, particularly for the last two years, TPA programs have been insufficiently funded across the board, and have not met the needs of the tribes. This has forced tribes to "rob Peter to pay Paul" - even though neither Peter nor Paul had enough in the first place. For FY 1998, the President has called for an increase of$53.3 million. While this is a good start, it falls short of the actual needs in Indian country. We urge the Committee to increase TPA by an additional $50 million, above the Administration's request.

Downsizing the BIA

We recognize that the BIA has been criticized by Congress and others in recent years for inefficiency and other matters. In response, the Budget this year notes that the BIA has reduced 1,700 positions and is currently providing 90% of its funds directly to the local level. In some respects, the Lac du Flambeau Band shares Congress' frustration with the BIA. At the same time, we wish to emphasize that the money appropriated for Indian programs is for the benefit oflndian people and tribes. Tiie tribes and their members must not be penalized for any failings of the BIA. In other. words, downsizing the BIA must not become downsizing of the federal responsibility to the tribes.

Thank you.

DS0l/11027-1 4 69

TmmsDAY, MARcH 6, 1997. -INDIAN HEALTH SERVICE WITNESS DAVID WHISTON, AMERICAN DENTAL ASSOCIATION Mr.. REGULA. American Dental Association, Dr. Whiston. Doctor, thanks for coming. Dr. WHISTON. Thank you, Mr. Chairman. Regards from Don Dempke. Mr. REGULA. Oh, yes, okay. Dr. WHISTON. It's a pleasure for the American Dental Association to appear before your committee again. My name's Dave Whiston. I'm from Arlington, Virginia, and I represent the association as president-elect. The association certainly is here to support initiatives designed to enhance the oral health status of a truly vulnerable Native American population. Our awareness of the magnitude of the problem was certainly heightened in 1994. We went to South Dakota and did some site visits on reservations there, and two glaring things struck us at that time. No. 1, the enormous gap between the oral health status of Native Americans and the health status of the general population; then, second, the real inability of the IHS, due to funding problems, to meaningfully address that gap. · Since 1994, unfortunately, the problem has worsened. The patient visits, the patient service, since that time has decreased 18 percent. So now the annual utilization for dental services of the Native American population is less than 25 percent a year. It's a significant drop, significant problems. Mr. REGULA. We have been adding funds the last two years for the programs. Dr. WHISTON. Right, and, again, the IHS has made considerable improvement, but still the gap is significant, and primarily a complex problem, obviously; potential solutions mainly based on funding issues. Briefly, I'll highlight four of those. In the past four years, we've seen a 60 percent reduction in area and staff headquarters dental personnel. It starts with dentists recruit and retention. We're. unable to recruit and retain dentists because of salary structure. A graduating dentist in the private sector or other public sectors can make approximately twice what the IHS entry-level dentist can. The pay parity package, as you know, passed the Congress last year.· Unfortunately, the funding is in question, and $5 million will be necessary to fund the uniformed services parts of_the IHS to take advantage of the pay parity measure to recruit and retain dentists, and really to enhance the access via that measure. The other reason: a loan repayment program, there are only 18 dentists now in .the IHS loan ·repayment program, over 50 on the waiting list, and we would respectfully request a $1 million supplement, so .the IHS could hire an additional 12 to 14 dentists. That would increase access tremendously, if they could do that. On· the private side, the contract health care- system-and I think here we can talk about what's happened with the financing-but it's evolved into a $375 million program, but in the past decade, 70 from 1987 to 1997, the dental segment has only stayed at $10 and $12 million. So we'd like to see targeted there at least $20 million out of that global $375 million. Mr. REGULA. Question: do you get any Indians-out of the tribes who go and becom~ dentists and come back to the reservation? Dr. WHISTON. The Native American applicant pool is extremely small. The leader of the Public Health Service for years was Dr. George Glispers, and certainly he was a role model for that group, but the applicant pool is small. We're actively trying to recruit Na- tive Americans to dental students, though. Mr. REGULA. Mr. Moran. Mr. MORAN. I'm going to support this, Mr. Chairman, for that. We're losing an opportunity when we've got this backlog of people that.are very much needed. So that million bucks I would hope we can find rooin for. Dr. WHISTON. Thank you. Mr. REGULA. Thank you. Dr. WHISTON. May I make one final_point? Mr. REGULA. Yes, sure. Dr. WHISTON. You've supported us terrifically in the past year about mobile dental health units. Unfortunately, it's not been funded, the $1 million that you carved out last year, Mr. Chairman, and we appreciated that very much. Mobile units that could go from reservation to reservation would greatly enhance access. And so we, again, appreciate your support on that and appreciate this opportunity. Mr. REGULA. _Okay, thank you. Dr. WHISTON. Thank you very much. [The information follows:] 71

Mr. Chairman and Members of the Subcommittee:

Thank you for the opportunity to testify today concerning the fiscal year 1998 appropriations for the Indian Health Service (IHS). My name is David Whiston and I am President-elect of the American Dental Association (ADA). Neither I, in my capacity as a spokesperson for the American Dental Association, nor the ADA presently receive federal grants or contracts. For almost 30 years the Association has maintained a keen interest in the oral health of the American Indian and the Alaska Native (AI/ AN) populations and recognizes the unique oral health needs of this disadvantaged minority group. The Association recommends a budget of $74.41 million for the IHS Dental Program for fiscal 1998.

In 1994, the Association's concerns were heightened as a result of a program evaluation conducted by representatives of our Council on Government Affairs and Federal Dental Services oflndian Reservations in South Dakota which showed two consistent problems:

• a large "parity-gap" exists between the oral conditions of AI/ANs and those of the US population in general, and

• despite commendable program efficiency and effectiveness, the IHS does not have the resources to adequately address the oral health problems of its eligible population.

Today, the Association is very concerned because there is compelling evidence that these two problems have continued to grow since 1994. The ADA believes failure to amend the proposed IHS dental appropriation will contribute to a further decline in the oral health of the AI/AN people.

L History of Effectiveness and Efficiency

Historically, the IHS dental infrastructure has been effective despite tight budget constraints. This is evident from the results of the most recent (1991) oral health survey performed by the service. Compared to a similar program wide survey completed in 1984, the results show:

A 42% increase in the number of children 5-19 years. with no decay.

A 350/o decrease in the number of children 5-19 years with high decay rates (7 or more· cavities).

An 800% increase in the number of protective dental sealants placed in children's molar teeth.

A 17% increase in the number of adults 35-44 years with 20 or more teeth remaining:. a --29% increase for those 45-54 years, and a 40% increase for those 55 years and older.

These improvements were the direct result of the investment in1echnical assistance, national oversight, training and direction provided by the Dental Services Branch, through its centralized leadership and management, in collaboration with the Areas, service units, Urban programs and Tribes. However, because of the loss of infrastructure, it is questionable whether the proposed performance measures for FY 1998 will be met. . 72 n Evidence of Decline in Dental Service Capabilities

Probably the most compelling evidence that the IHS Dental Program is losing its capacity to serve the AI/ AN population is that over the past two years the number of people receiving dental services (IHS and Tribal combined) has decreased 18 % and total clinical productivity (time weighted services) has dropped 16 %. Factoring in an annual population growth ofover 2 %, this loss of dental care capacity is even more significant. In fact, annual utilization of dental services dropped below 25 % for the first . time in recent history.

The IHS fluoridation monitoring program is also much less effective, as the number of water systems reporting declined from about 700 in the 1'980s and early 1990s to under 500 in fiscal years 1995 and 1996, and the number of systems in compliance has dropped from about 500 to as low as 220 in that same time period. --

The reasons for these declines in dental services (both clinical and fluoridation) to AI/AN people are complex, but it is clear that a reduction of the IHS Dental Program's infrastructure has played a significant role. As a consequence of budget constraints and the reorganization of the IHS, almost 60 % of Area and Headquarters dental staff (including training and prevention positions) have been lost over the last four years. At this time, several Area offices have no staff assigned to support dental programs. The lack of dental support is compounded further because most of the remaining Headquarters and Area dental staff are detailed to other programs a majority of their time to bolster the fragmented general public health infrastructure. -

III. Recommendations for Restoring ms Dental Program Capability

Maintain Dental Line-Item Budget The ADA recommends that Congress assure that the IHS Dental Program have the resources and control necessary to maintain a capable dental public health infrastructure with the ~acity to support both clinical care and community-based preventive activities. To achieve this, we believe it is essential that the dental line-item budget be maintained. We base this recommendation on an unfortunate pattern we have witnessed many times in the cutback of state, city, or county dental programs. When health care resources become constrained, the quick fix approach is often to push for the elimiriation of nonclinical positions for dental professionals, leaving the administration of dental programs to overloaded nondental health professionals or to nonhealth professional staff. Without an adequate dental public health infrastructure, even the best dental programs can deteriorate very rapidly.

Increase Funding for Dental Services The IHS Dental Program needs assistance from Congress to achieve the most critical goal of restoring over the next three years access to dental services from the current level ofless than 25% ofthe AI/AN population to a 33% level that existed in the early 1990s, which will still fall far short of parity given that 6()0/4 of the U.S. population at large receive dental care annually. Therefore, the ADA recommends that the Committee provide an increase ofS3 miUjon for dental services in FY 1998 This amount would offset inflationary increases, bolster the public health infrastructure and allow for very modest growth.

2 73

Fund Currently Established Pay Increases for Dental Staff Over the last several years the IHS has struggled in recruiting and retaining dentists because the average starting salary for an IHS dentist is about $38,000, while the income for a similarly trained and experienced dentist in private practice or working for an HMO is about $70,000. This lack of parity in pay when. combined with the heavy debt burden from educational loans has had an adverse effect on the ability of the IHS to deliver oral health care to AI/ANs. The outcome of these two financial facts has been: 1) increased vacancy rates (over 15 %); 2) a pool of less qualified applicants from which to select dentists; 3) high turnover rates (20 to 25%); and 4) a dwindling number.of experienced dentists to serve in more technically demanding positions.

Last year, Congress approved· increasing the pay for military. and .Commissioned Corps dentists. When implemented in concert with increased loan repayments, the pay increase will significantly reduce the recruitment and retention problems. But these benefits can only be realized if Congress provides funding in the-lHS dental budget. At this time these additional costs are run included in the budget submitted to this committee. Without this funding the IHS Dental Program will be faced with either not utilizing the optional pay increase, and thus not being competitive with either the private sector or military, or using the pay ·increase and being forced to make cuts in its program. With either choice, access to dental care will suffer even more. The ADA recommends that the estimated $5 million for fully funding this pay increase and · other mandatories be added to the IHS dental line item for dental services

Improve Dental Facilities This Committee has been instrumental in recognizing the need to replace mobile dental units. Many of the dental clinics presently being used by the IHS are outdated and in need of repair or replacement. Because of their condition and design it is difficult or impossible to meet OSHA requirements for infection control and water and air quality standards. For several years, including last year, the Committee has instructed the ·IHS to include $1 million into its base for the purchase and replacement of these units. The Association is very grateful for your support. However, it is our understanding that in spite of the Committee's instructions last year, this provision was not included in the fiscal 1998 IHS budget request. The Association recommends that the Committee·continue to sypport clinic improvement by again adding the $1 million for both new and replacement mobile dental units in FY 1998.

Comply with Infection Control Procedures In 1987 the IHS adopted an infection control policy which complies with the recommendations of the CDC, OSHA and the ADA The historically high prevalence of hepatitis infections in the Native American population coupled with the growing prevalence ofIDV infection demanded such measures. As a result of this policy, the cost per person for infection control has risen from $.25 in 1985 to almost $1.00 in 1996. Further costs were incurred when the IHS-purchased handpieces that can be autoclaved between patients. These handpieces are more expensive and do not last as long as the types used prior to implementation of · universal precautions. In 1990, $569.5 thousand was allotted for new handpieces, but that only purchased half the number needed. -Since then, additional handpieces have been purchased using whatever sources of funding could be secured, but this approach has not kept up with demand. To secure adequate numbers of handpieces it will require an additional $500 thousand (1000 handpieces at $500 each) In addition, new autoclaves will be needed which will require $575 thousand (250 units at $2,300 each). The Association recommends an additional Sl.225 million so that IHS can fully comply with infection control policies

3 74

Provide Periodontal Treatment Centen for Diabetic Patients Oral health surveys have shown a strong relationship between adult diabetes and periodontal disease. Diabetics are three items more likely to lose all their teeth than non-diabetics. In 1995, a two year periodontal disease and diabetes clinical trial was completed on the Pima Reservation in Arizona. Results of this clinical trial provided for a new, effective treatment protocol specific for Native Americans who suffer from both diabetes and periodontal disease. The new treatment is far less complex and costly than previously used methods in periodontal therapy, resulting in significant improvements in periodontal health and reductions in patients' blood sugar levels. The ADA recommends st 4 million to allow the IHS degtal program to establish to periodontal treatment centers for diabetic patients Espand Use or Contract Dental Care Opportunities for enhancing AI/ANs' access to dental care in more populated regions could be immediately and significantly enhanced through the private sector iftunding were available. We note that lllS expenditures for dental care through its Contract Health Care system have remained relatively constant at about $ I 0-12 million annually since 1987, while the contract health services budget for the lllS u a whole has doubled and is now proposed at almost $375 million. The opportunity for enhancing access to dental care clearly exists through redirecting resources. The ADA recommends that S20 miHjon be eannarked fi:om within the contract medical services budpt specifically for dental services furthennore we recommend the amount be expanded to a total of at least $30 million io fY 2000 ·

Support Lou Repayment . The Association is pleased that this Committee has continued to support Loan Repayment of dentists in the IHS. The lllS has reported that there are currently 18 dentists enrolled in the Loan Repayment Program. However, applications for loan repayment are on file from over SO additional dentists currently employed by, or considering employment with, the service. Also a number of dentists who have expressed an interest in the IHS and in receiving loan repayment have withdrawn their application to the lllS when they learn that they are not likely to be enrolled in the program. Other dentists employed by the program leave after a brief period when they discover that they are not likely to receive loan repayment. It is common for new dental graduates to have substantial debt burden from student loans such that the starting salary for lllS dental officers is insufficient to make loan payments and have enough money left to pay living expenses. The ADA recommends an increase of SI million for Joan repayment for dentists. Availability of these funds would facilitate filling 12 to 14 of these positions.

Friends of Indian Health Service The Association also wants to take this opportunity to tell the Committee that because of our concern, not only for the dental health of the Indian people but their overall health, the Association has fonned a coalition with over 20 other national health groups. Our group, Frlmds ofIndian Health Service, supports the request of the National Indian Health Board and the National Congress of American Indians to fund the lllS at $2.4 billion for fiscal 1998. We are committed to doing everything in our power to work with the lllS and the Congress to assure that opportunities for a quality life through adequate health care, including oral health care, is not another broken promise to the "First Americans." We hope you will join us in this important and just commitment, and give these reco~endations your thoughtful consideration.

4 75

American Dental Association

W111hlngton Office 111114th Street, NW Suite 1200 Washington, D.C. 20005 (202) 898-2400 Fax (202) 898-2437

MEMORANDUM

TO: Subcommittee on Interior and Related Agencies

FROM: American Dental Association

DATE: March 5, 1997

SUBJECT: Federal Grants 9r Contracts ************************************************************

The American Dental As·sociation does not currently receive federal grants or contracts. 76

Currleal•• Vitae David A. Whllton, D.D.S.

BlMPeb•m

Date of Birth: 06/06/39 Place of Bi11h: Morgantown. WV Citizenship; United States of America Social Security No.: 234-60-2766

Business Address:

7 Comers Professional Building 3103 N. Fairfax Drive 6319 Cutle Place, Suite IE Suite204 Falls Church, VA 22044 Arlington, VA 22203 Phone: (703) 534-6500 Phone:(703)522-6440 Fax: (703) 534-0604 Fax: (703)525-5447

Home Address: 3313 N. Ohio-Street Arlington. VA 22207 Phone: (703) 241-9775 Fax: (703) 241-9764

Edycatlga 114 Itttaio• Podmo4v•ts; West Virginia University

Gpdyatg; West Virginia Univenity, School of Dentistry

Pe111mdv•1c; Univenity orTexa,. Medical Bra~h University of Permsylvania 77

6vnb·Bssmc4; D.D.S. with Honors O.K.U. Dental Honorary Psi Omega Scholastic Achievement Award Diplomate, American Board of Oral and Mwllofacial Sursery Fellow: Virginia Dental Association, American College of Dentists, American Association of Oral and Maxillofaclal Surseons, International College of Dentists, Pierre Fauchard Academy Distinguished Service Award: Virginia Society of Oral and Maxllloticial Surgeons, Virginia Dental Association AP AC American Dental Association - Presidential Citation

Pmfuai0o•• Society Mcmbcablp• and Qfflcu; Northern Virginia Dental Society - Past President Virginia Dental Association - Past President Greater Washington and Middle Atlantic & Virginia Societies of Oral Maxillofacial Surgeons - Past President American Pentt• AaaocJarlon; Trustee, 16th District Delegation Two-Tenn Chair, Council on Access. Prevention & Jnterprofessional Relations (formerly CCHHIMA) Past Chair, Special Committee on Oral Health Care Guidelines Past ADA Representative, American HospitaJ Association Past ADA Representative. Joint Commission Hospital Accreditation Program Member, Special Committee to Study the Future of Dental Education & IOM Repon Member, Special Committee to Study Continuing Education Recognition Program Spokesperson. Waste Management Task Force Past Member, Strategic Planning Committee '9J-9S Board Member, ADA Publishins Co Board Member, National Foundation of Dentistry for the Handicapped Board Liaison. Joint Commission on National Dental Examinations Board Uaison, Council on Membership Board Liaison, Council on Governmental Affairs/Federal Dental Service iBoard Liaison, Committee on the New Dentist · Board Liaison, Council on Dental Benefit Programs . 78

Or. David A. Whiston 16th District ADA Trustee

Dr. David A. Whiston ot Arlington, Virginia is ADA Trustee from the Sixteenth District, consisting of North Carolina, south Carolina, and Virginia. In addition to serving on the ADA Board of TrUstees, he is a member of the .board of the National Foundation of Dentistry for the Handicapped and the board of the ADA Publishing company. He is also Chief ot Dentistry, oral and Maxillofacial Surgery at Northern Virginia Doctors Hospital. Dr. Whiston is past president of the Northern Virginia Dental Society and the·virginia Dental Association and the Virginia, Greater Washington, and Middle Atlantic Societies of oral and Maxillofacial Surgeons. Dr. Whiston is an OICU and honors graduate of West Virginia University School ot Dentistry and also attended the University of Texas and the university of Pennsylvania. Dave·and his wife, 3ulie, live in Arlington, Virginia. 79

TlluRsDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS WITNESSES OLIVER WARD, MAKAR TRIBE HUBERT MARKISHTUM, MAKAR TRIBE JULIE JOHNSON, MAKAR TRIBE Mr. REGULA. The Makah Tribe. Mr. WAM.P [presiding]. Thank you. Proceed. Mr. MARKISHTUM. Good morning, members of the committee. I want to thank you for the opportunity·to testify on this very important matter. My name is Hubert Markishtum. I'm chairman of the Makah Tribe located in N eah Bay, Washington. As Congress has made a renewed effort to balance the budget over the past few years, everyone has had to face cuts in general funding. However, Indians have had to suffer a disproportionate share of the cuts. Fiscal Year 1996 was extremely severe. While increases have occurred, they have not balanced out the cuts of the past. For example, Tribal Priority Allocation has decreased by nearly $100 million in 1996. Not only has this cut not been made up, but the inflation of service at the local level has made it even more difficult to provide services with these Federal cutbacks. Our tribe alone has suffered a $2 million decrease over the last few years, which has forced the tribal council to make major cuts in services and personnel vital to the running of our tribe. We· ask the committee to support the President's request of $1.7 million for the BIA for Fiscal Year 1998. It is an increase over Fiscal Year 1997 that may seem generous, but in light of the cuts in Fiscal Year 1996, it is only minimally sufficient. We request that the committee increase funding for tribal courts and law enforcement services within the Tribal Priority Allocation. The Makah caseload continues to increase in civil, criminal, and juvenile cases. Four hundred and thirty-nine cases were adjudicated in 1996. We ask for a special earmark of $500,000 for the construction of a desperately-needed juvenile and adult correction facility and that $150,000 be added to our base funding in TPA. This facility would not pass non-tribal facilities regulations, let alone our own. Our tribe opposes a transfer of tribal natural resources trust management of the Interior Department to the Special Trustee's proposed American Indian Trust and Development Administration. Tribes have not been given enough time to review a plan that proposes so many sweeping changes. Indian Health Service is another area that has suffered disproportionate cuts in the budget over the past few years. In 1996, IHS absorbed $70 million in mandatory cost inflationary and population growth costs, and in 1997, absorbed $50 million more in the

same area. It is critical that mandatory costs increase and the IHS 1 be fully funded. We ask the committee to support the President's request of $2.1 billion for Indian Health Services. This funding is vital to provide services to a people who suffered the highest levels \ 80 of chronic diseases, infant mortality, suicide, and substance abuse, and the· lowest life expectancy in the United States. We also support the Lummi self-government education program. This program provides technical assistance not only to the Lummis, but over 200 tribal and Indian organizations. Thank you for consideration of these matters. It is an honor to present this to you. Mr. WAM.P. Thank you to the Makah, and as I understand it, we have provided increases here in the Indian Health Services for each of the last two Fiscal Years. Of course, this request would be a further increase; correct? Mr. MARKISHTUM. Right, yes. Ms. ·JULIE JOHNSON. On behalf of the Northwest Portland Health · Board, we have a budget analysis of the 1998 budget we'd like to provide to you. Mr. WAM.P. We'll submit it for the record, Ma'am. Ms. JULIE JOHNSON. And the gentleman on the end has a copy. Mr. WAM.P. Thank you for appearing today. Mr. MARK!sHTUM. Thank you. [The information follows:] 81

MAKAH TRIBAL COUNCIL -..alllllllla.al!l!la_llla_lllll!lll_miiW·.-U.,.. P.O. BOX 115 • NEAH BAY, WA 98357 • 360-845-2201

INREPLYREFEATO: TESTIMONY OF Hubert Markishtum, Oiairman of the Makah Tobe Before the House Appropriations Subcommittee on Interior and Related Agencies March 6, 1997

Good Morning Congressman Regula, distinguished committee and staff members. I want to express my appreciation to you and your committee for the opportunity to present the Makah Tnbal Testimony regarding the President's budget, Bureau of Indian Affairs, Indian Health Services and Tribal specific concerns. Bureau of Indian Affairs President Clinton's FY1998 budget calls for $1.7 billion to be provided to the BIA, this is an Increase or $127 ·mllllon over the FY1997 enacted level We support this increase in full, however, we do not believe this will begin to make up for the drastic budget cuts made in the past few years. We want to remind the committee that FY1996 was especially devastating to Indian Country, and while $127 million may seem like a generous increase, taken in light of the severe cuts of FY1996, it is only minimally sufficient. For example, the Tribal Priority Allocations (l'PA), the major base funding for Tribal Operations, was decreased by nearly $100 mllllon In FY1996. The effect this has had is that over a two year period, only a $27 million increase will be provided for the Tnbcs. This will not begin to meet the inflation of service at the local level. TPA provides direct funding for Tnbal government operations, Tribal Courts, law enforcement, fire protection, housing, education, natural resources management, and other programs essential to a safe and healthy community. Cits in this area are the most devastating in that they impact essential services the Makah Tobe provides. Our Tobe alone has lost a net $2 million in funding in the last two years which has forced the Tnbal Council to make major service and personnel budget cuts.

Tribal Request The Makah Tobe requests that consideration be given to increasing the funding base for Tribal Courts ud Law Enl'oftlelllellt Senic:a within TPA consistent with the increasing needs as documented in numerous studies .and the Tribal Justice Act. This research shows increased arrest activities and case load of Tribal Justice Services will reduce the violence and property damage on rcseivation and decrease the costs of social services. The Makah Judicial Services has been under funded by the BIA for years. Despite not having adequate administrative and direct service funds, the court and law .enforcement staff have worked hard to meet all Tribal standards. The Makah caseload continues to fncrcasc in civil, criminal and juvenile cases. A'total or 439 cases were a.Qudlcated In 1996. For these reasons. the Makah Tnbe is requesting a medal eannark of SS00.000 for the construction of a desperately needed Juvenile and Adult 82

Correction facility and $150,000 added to our base funding in the TPA to provide administration and to maintain the building.

Trust Management We oppose the proposed transfer of Tribal natural resources Trost Management out of. the Interior Department to the Special Trustee's proposed American Indian Trust and Development Administration. Tribes have not been afforded enough time to review the Special Trustee's draft plan and many Tribes have not even received a copy of the plan. Moreover, the plan does not contain the mandated "identification of all reforms to policies, procedures, practices and systems ofthe Department ofthe Interior necessary to ensure proper and efficient discharge of the Secretary's trust responsibilities in compliance with the Act. " In fact, the plan contains little discussion of Indian trust resources and yet proposed the most sweeping change in the government-to-government relationships between the Tribes and the federal government that has been made since the Termination Policy of the 50's.

Indian Health Seryices (IIIS)

Quality health care for Tribal members has and continues to be among the top priorities of Tribal governments. The IHS has historically been grossly under funded, and without adequate medical services and facilities, emergency medical services, many Tribal communities have been forced to go without adequate treatment Indian peopl~ suffer the highest levels of chronic diseases such as diabetes, infant mortality, suicide and substance abuse, and lowest life expectancy in the United States.

Funding for the IHS is allocated. in two categories: · Services and Facilities dollars. The President's FY 1998 budget request of $2.1 billion for IHS allocates roughly $1.8 billion to Services, which is an increase of $29 million for direct health care. For ms Facilities, an increase of nearly $39 million has been recommended over last year. Mi!lwi Tribe supports these increases. We understand that~ of health care needs are being funded at the reservation level. Another concern to every Tribe is the drastic cuts for indirect costs. This action began with the passage of the FY 1995 Rescission Bill and continued through the FY 1996 appropriations process, and has create4 substantial reductions in actual operating budgets, up to 1/3 administrative cuts to some Tribes. Tribes are forced to absorb these costs by eliminating or reducing funding for other Tribal operations. This action must be reversed if the IHS goal is to continue to provide the highest quality of health care for Indian people.

During 1996 the IHS absorbed $70 million in mandatory costs, inflationary and population growth costs. In 1997 the IHS absorbed an additional $50 million in mandatory and other costs. Jbis ll1J>e of policy roukine: cannot e:o on and is contjmljne; to have a•major impact on the de]jyezy of direct health care services at the Joea) JeveJ. .- It is . . critical in 1998 that all nuuulatory cost increasa in the IHS M fully /Ullllld, including• mandatory pay increases for Tribal and ms employees, population growth, including new Tribes and most importantly medical inflationary costs.

2· 83

The Indian Health Service is the largest dim:t health delivery system within the Department of Social and Health Services and should answer directly to the Secretaiy to insure that the health care needs of Indian people are heard and dealt with at the highest level. With the elimination of the Assistant Sccn:tary of Health in 1996 the Honorable Senator John McCain recogni7.c:d the need and introduced Senate Bill 311 which would elevate the Director of ms to an Assistant Secretary level witblD the DSHS. The Makah Tribe supports Senator McCain's bill.

RIA •ad JDS ScJ[C'.ovcrn•occ

Administration Cost Savings and savings from FfE reductions in both the BIA and the IHS should be returned to Tribes. If reductions are allowed, this committee should: a) Require equitable distribution of reductions across AIC8S and in Cenllal Operations: b) Allow Self Governance Tribes to receive their shortfall from the savings and establish base budgets; c) Savings should be mlistnnuted to Tribes proportionately from regional accolDlts and nationally through the Tribal Priority Allocations account; d) BIA should be miuired to clearly document Savings.lReductions to avoid unfair criticism for Self-Govcrmmcc transfers.

Bncaatioo aBB)

We-would also like to comment on a funding issue important to all Tribes- the lpdjan Regryation Roadlj QRR) proaram The roads Cbroughout Indian Country are in deplonble condition. The current budget for IRR Program is $191 million dollars annually which covers only 30% of Tribal needs. The proposed budget for the IRR Program ii reduced to $125 milliou dollan. The IRR program bas been severely undcr-fimded for years and we have heard of proposals to have Congress cut it even further. Thc IRR program needs more funding and a more efficient method of administering these funds. Rather than route these funds through the Office of Federal Lands at DOT and then through the BIA bureaucmcy, Tribes u sovereign natiom, should receive dired apportionment's, jast like states. We urge you to share our Tribal concerns about the Indian Reservation Roads program with your colleagues on the Tnmportation Appropriatiom Subcommittee and the Home Committee on Transportation and Infrastructure.

TdhaJ Spcdfu: Cooccm•·

1. Environmental and Health Protection The greatest environmental problem facing the Makah Tribe is the closing of the Neah Bay Landfill and devdoping resources for the development and construction · of a Transfer station. Under the current EPA regulations promulgated by the F.nvironmental Protcctiou Agmcy (EPA), our existing landfill is now mandated for closure. However, we do not have the resources to close this land fill, which 84

has been used by the federal government, non-Indian community and the Makah Tribe for over 50 years.

An Engineering Analysis addressing options for closure and solid waste disposal along with associated cost estimates has been completed by the Brown and Caldwell Engineering firm. It is anticipated that closure of this land fill will cost about' 3 million dollars.

We are requestinK that the Subcommittee fund-the former Senate Bill 720 Indian Lands Open Dump Clean Up Act, now known as the Indjan Health Seryiees Act 25 U S C Sectjon 3906 (Public Law 103-399). This funding would allow the Makah Tribe to apply to IHS for demonstration funds to close our land fill.

2. EPA Indian Set-Aside Prognms

In 1996 and 1997 the Makah Tribe submitted a 1.5 million dollar request to EPA , to.modemiz.e the' water system in Neah Bay. To meet all needs we anticipate this total project will cost 3 million dollars. We understand the EPA Indian Set- Aside Program funding is not under tbe furisdiction ofthis ruhcommjttee , but.-we urge you as members of the full House Appropriations Committee, to share our concerns with your colleagues.on the Interior Appropriations Subcommittee.

- In closing, I.would like to thank you for your time and services for Indian people.

WnDC97.JJ

4 85

1'HuRsDAY, MARCH 6, 1997. INDIAN HEALTH SERVICE WITNESS JEFFREY AKAKA, M.D., AMERICAN PSYCHIATRIC ASSOCIATION Mr. WAM.P. The American Psychiatric Association, Dr. Jeffrey Akaka. Dr. Akaka, have a seat and proceed, sir. Mr. AKAKA. Good morning, Mr. Chairman and Mr. Moran. I am here on behalf of the American Psychiatric Association, a medical specialist society representing more than 40,000 psychiatrists nationwide. At the outset, I'd like to thank you and Mr. Moran for your past support in the nondiscriminatory coverage efforts that have been brought before Congress. I'm the chair of the American Psychiatric Association's Commit- tee on American Indian, Alaska Native and Native Hawaiian Psy- chiatrists. I am a Native Hawaiian. As such, I am a descendent of aboriginal people who occupied and exercised sovereignty of islands that now constitute part of the United States. Twenty years ago, a friend of mine, a fellow Native American, was killed by suicide. She did not commit suicide as if she were a villain committing her own body's murder, but rather it was the depression that killed her. It's seduced her to an overwhelming, irre- sistible offer of hope for peace, the end of pain, the absence of suffering, but my friend didn't die that way. For days she lingered in excruciating pain as the poison she took feasted on her flesh. The loss of my friend did not have to happen. Overwhelming depression can be relieved. Depression is a beast which can be tamed, put to rest, its victims healed and rejuvenated. Severe depression,. like schizophrenia and maniac depression, are real medical men- aces. When reliably diagnosed, treatment works and the treatment is cost-effective. The brain, the physical home of the mind, is the most important organ, the most impqrtant asset of the human body and of the entire human race. When it contains the right mix of chemical messages, molecules with names like adrenalin, serotonin, dopamine, it allows us to do the work we do--to form partnerships and guide the next generation. Without the right mix, problems develop-hearing voices that others don't hear, as in schizophrenia or substance abuse; seeing things that others don't see, as in severe post-traumatic stress disorder, the tragic aftermath not only of combat veterans, but of women and children who are the victims of physical and sexual abuse; problems like trouble breathing and a pounding heart, as in panic disorder, which can look like heart disease, but just like real heart attacks, severe mental illnesses, substance abuse, and domestic violence kill. Nationally, 1 out of every 100 people die of suicide due to one of the above causes. Among American Indians and Alaskan Natives, these trends are even more acute. The suicide rate's twice the national average. Several years ago in Jicarilla, an Apache tribe in New Mexico, suicide and suicide attempts within the tribe had reached over 22 times the national average. 86 The alcoholism mortality rate is six times the national average, and women who drink while pregnant can dramatically increase the risk of birth defects due to fetal alcohol syndrome. Nationally, 1 out of 200 substantiated cases of child abuse and neglect occur, but in IHS residential treatment centers child sexual abuse for females range up to 90 percent. A recent study showed that the death rates of Indian women in New Mexico from domestic violence was two-and-a-half times higher than in the New Mexico general population. Mr. Chairman, this must stop. The. IHS has initiated a multitude of programs in research, as well as in direct services, to· more effectively heal those suffering from substance abuse and its aftermath. The Model Suicide Pre- vention Program now in place at the Jicarilla Apache tribe has reduced its formerly extremely high suicide rate down to nearly zero. We can do this .. We've got treatment that works, but funding for the diagnosis and cost-effective treatment for mental illness and social services are grossly inadequate. Mr. Chairman, the American Indian and Alaskan Native people need your leadership to appropriate the necessary funds to take other appropriate actions to ensure adequate delivery of health care, particularly for those who suffer from mental illness and substance abuse, so that the tragedies of abuse and fetal alcohol syndrome children and tragedies of suicide like that of my friend can be prevented. Thank you, Mr. Chairman. Mr. -W AM.P. Thank you, Dr. Akaka, for your testimony today. You've_ made it very simple and plain, easy for us to understand. I want -to recognize the presence of Mr. Moran of Virginia. Would you have anything to add at this point, Mr. Moran? Mr. MORAN. I don't, Zack, but I think we know ultimately why the Native American population suffers from such psychiatric problems, and we have only to look at the people we see in the mirror every day to understand what gave rise to it. So I think we have some responsibility to ·address it; and I hope this committee will. Thank you for your testimony. Mr. WAM.P. Thank you, Mr. Akaka. · Mr. AKAKA. Thank you. [The information follows:] 87

AMERICAN PSYCHIATRIC ASSOCIATION

Division of Government R_elations 1400 K Street, N.W., Washington, DC 20005

Telephone: (202/682-6060) FAX: (202/682-6287)

Statement of the American Psychiatric Association

On:

The FY 1998 Indian Health Service Appropriations

Presented to:

The House Appropriations Committee Subcommittee on Interior and Related Agencies

by Jeffrey Akaka, M.D.

Room B-308 Rayburn ~ui}ding The U.S. House of Representatives March 6, 1997 88

Mr. Chairman and members of the Subcommittee. Thank you for the opportunity to appear before you today. I am here on behalf of the American Psychiatric Association (APA), a medical specialty society representing more than 42,000 psychiatrists nationwide. I am Jeffrey Akaka, M.D., Chair of the APA Committee of American Indian, Alaska N_ative and Native Hawaiian Psychiatrists. I am a Native Hawaiian. Like American Indians and Alaska Natives, I am a descendant of the aboriginal people who occupied and exercised sovereignty on islands that now constitute part of the United States. As such, I too am a Native American, and very much appreciate the opportunity to express the recommendations of the APA regarding the FY 1998 Appropriations for-the Department of Health and Human Services, specifically for the Indian Health Service (IHS).

I work with people who suffer from serious mental illnesses at the Diamond Head Community Mental Health Center on the Island of Oahu in Hawaii. I am part of a team made up of psychiatrist~. nurses, psychologists. social workers and occupational therapists who together are committed to alleviating the hardships imposed, not only on those who carry a diagnosis of mental illness, but on the loved ones who care for them as weli.

The brain, the physical home of the mind, is the most important organ, the most important asset of the human body, and of the entire human race. When it contains the right mix of chemical messengers, molecules with names like adrenaline, dopamine and serotonin, it allows us to do the work we do, form partnerships and guide the next generation. Without the right mix problems develop: Hearing voices that ·others don't hear, such as in schizophrenia or substance abuse. Seeing things that others don't see, as in severe post-traumatic stress disorder, the tragic aftermath not only of combat veterans, but of women and children who are the victims of physical and sexual abuse. Trouble breathing and a pounding heart as in panic disorder, which can look like heart disease. But just like real heart attacks, severe mental illnesses, substance abuse. and domestic violence, kill.

Schizophrenia strikes one percent of all people world-wide, manic depression about one to two percent. major depression about five to eight percent. Alcohol dependence about 15%. A person with any of the above faces a 10-15% risk of death by suicide. That translates to at least one out of every 100 members of your graduating class. Killed by an inadequately treated chemical imbalance, usually made worse by environmental stress. Killed by a gang of illnesses that are just as deadly as heart disease.

Among American Indians and Alaska Natives, these problems are even more acute. The IHS has reported that American Indian/Alaska Native boys and men aged 15-24 bear a suicide rate two and a half times the national average. More than one-half of all persons who complete suicide in Indian communities have never been seen by mental health providers. Several years ago, in the Jicarilla Apache Tribe in New Mexico, suicide and suicide attempts within the Tribe's youth had reached a rate 22 times the national average. As stated-in the report of the Task Force on Indian Suicide which was formed in 1995 at the request of Senator Pete Domenici of New

2 89

Mexico, there is a great need for community-based suicide intervention and prevention programs in Indian country. Adequate resources are crucial to develop and maintain a community "surveillance" network of community members, including mental health providers, who understand the danger signals that should trigger rapid, if not immediate intervention. The model suicide prevention program now in place at the Jicarilla Apache tribe in New Mexico has reduced its formerly extremely high rate of suicide to nearly zero. We strongly urge you to examine and fund the recommendations of the Task Force Suicide report.

The Alcoholism mortality rates of American Indian/Alaska Natives (Al/AN) have been reported to be 5.6-6.3 times the national rate. Ninety five percent of Al/AN have been reported to be affected either directly or indirectly by alcohol abuse. This has been supported by data obtained from the National Center for Health Statistics, which showed that four of the top ten causes of death among Indian people may be directly related to alcohol abuse. Women who drink while pregnant can increase the risk of having a child with fetal alcohol syndrome (FAS) to 35% (i.e.: microcephaly, craniofacial malformations, and limb and heart defects). The IHS has initiated a multitude of programs, in research as well as in direct services, to more effectively heal those suffering from substance abuse and its aftermath.

In 1992, the National Committee for the Prevention of Child Abuse noted that about three million cases of child abuse and neglect were reported to public social service agencies nationwide: of that number. about one million were substantiated. Two to four thousand deaths due to child abuse and neglect occur each year in the United States. One study estimated that there are 1.8 million battered wives in the United States, but women who leave their abusers are at a 75% greater risk of being killed by the perpetrator than those who stay. One of every four girls and one of every eight_ boys will be sexually assaulted by the age of 18.

As with suicide, these problems are even more acute in American Indian/Alaska Native populations. IHS residential treatment centers reported incidences of child sexual abuse for females that range from 70-90% and males up to 50%. A recent study showed that the death rates of Indian women in New Mexico from domestic violence was 2.6 times higher than in the New Mexico general population. As with their efforts in suicide prevention and treatment of alcoholism, the IHS has been working in collaboration with other agencies on a multitude of fronts, to identify, research, treat and eventually prevent the lethal outcomes of unaddressed child and adult physical and sexual abuse.

Despite their efforts and successes. significant problems hamper the efficacy of the IHS Mental Health and Social Services program. Improvements in the mental health and social · services area have not kept pace with the improvements made over the years ,in the areas of physical heauh such as decreasing mortality rates due to tuberculosis, gastrointestinal disease, maternal deaths, and infant death_s. This may be due to staffing that approaches only 43% of that needed to provide minimal mental health services and only 21 % of that needed to provide adequate social services. Most Service Units and Tribal programs are operated with one or two providers, who provide primarily crisis-related services with little backup due to the isolated,

3 90

rural nature of their practice. Not surprisingly, professional bum-out leads to rapid turnover, adversely affecting the availability of treatment or service availability. Some Indian communities are still without the availability of a single backup psychiatrist, let alone the essentials of an adequate, cost effective mental health and social services program.

A comprehensive mental health, alcohol, substance abuse and social services program should include treatment and prevention of suicide, substance abuse, domestic violence and child abuse. It should incorporate the skills of not only psychiatrists, but of others working in mental health teams including nurses,- social workers; psychologists and tribal members, as each discipline brings its particular expertise.

Psychiatrists, as physicians, bring medical expertise. This includes four years of college level chemi~al and biological sciences, followed by four years of medical school with more advanced sciences and ciinical rotations. This rigorous medical education is then followed with a year long internship of 80-100 hour work weeks handling emergencies from stabilizing seizures in a patient suffering from alcohol withdrawal to sewing up knife wounds. Only after this level of training has been completed, as well as three national examinations passed, is any physician, from general practitioners to psychiatrists, permitted to prescribe potentially lethal medication independently.

Psychologists are not doctors of medicine but doctors of philosophy or psychology. College and graduate level curriculums offered to psychologists focus on behavioral theory rather than biology. Consequently, these curriculums--even those including specially designed courses as those used in the recently terminated Department of Defense Psychopharmacology Demonstration Program--cannot train psychologists to prescribe. While treatment is desperately needed in Indian country, it must only be provided by those with proper expertise. We urge you to reject efforts to initiate a similar program to train psychologists to prescribe medication in the IHS.

Psychology and psychiatry work well t9gether but are not the same. Understanding this, no state permits or licenses psychologists to prescribe any medication. American Indians/Alaska · Natives must never be used in an experimental fashion. We strongly oppose any plan to permit psychologists to "practice medicine" at the risk of unknowing vulnerable American Indian and Alaska Natives.

Mr. Chairman, the American Indian and Alaska Native people .need your leadership to appropriate the necessary funds and to take other appropriate actions to ensure adequate delivery of health care, particularly for those who suffer from mental illness and substance abuse. We ask that you appropriate sufficient funds so that this care will be provided for Native Americans with mental and substance abuse disorders and so that the tragedies of abused and FAS children and suicides can be prevented. Please do not hesitate to call' on the AP A as a resource, should there . be any way in which we might be able to assist in working ·with you to provide the best health care possible to the American Indian and Alaska Natiye Communities. Thank you.

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Nancy C. Andra.en. M.D. Ph.D. EJi"'1l~J-1,fP~ John A. Talbott. M.D. EiJiJ,r, P,ytNlri, &ma, Robcn J. C...pbdl. Ill, M.D. Eiliw,P~N

Jeffrey Akaka, M.D. P.O. Box 11780 Honolulu, HI 96828.0780 (808)-395-7666 (808)-733-9260 Fax: (808)-39S-7666

Educationfl'raining The Kamelwneha Schools 1971 Case Western Reserve University. BA (Biology) 1975 . University of Hawaii Jolm A Bums School of Medicine, M.D. 1982 , St Vincent's Hospital and Medical Center of New York, Flexible Internship, Psychiatry Residency 1986

National Board of Medical.Examiners Pan l 1978 National Board of Medical Examiners Part n 1981 ·National Board of Medical Examiners Part m 1983 American Board of Psychiatry & Neurology Part I 1990 American Board of Psychiatry· & Neurology Part II 1991

Professional Activities . Licensed to. practice Medicine in the State of Hawaii 1991- Licensed to practice Medicine in the State of New York . 1982-1992 Assistant Clinical Professor. University of Hawaii. 1996- John A. Burns School of Medicine, Department of Psychiatry Communey Psychiatrist, Diamond Head Community Mental Health Center, Honolulu, m Community Psychiatrist, Wainae Coast Community 1992-1994 Mental Health Center, Waiaoae. HI Consulting Psychiatrist, Office of Health and Mental 1986-1991 · Health Services, Hmnan Resources Administration, New York, NY (Housecalls on Psychiatric Emergencies) Covering Psychiatrist. St Vincent's Hospital, Harrison, NY 1984-1991 Covering Psychiatrist, Brooklyn VA Medical Center, 1985-1985 Brooklyn, NY

American Psychiatric Association .1986- Components: Chair, Committee of American Indian. Alaska 1996- Native, and Native Hawaiian Psychiatrists Committee of American Indian, Alaska Native, 1992- and Native Hawaiian Psychiatrists 93

American Psychiatric Association: Assembly: Deputy Representative, American Indian, Alaska 1993- Native, and Native Hawaiian Psychiatrists Committee of Minority and Underrepresented 1993- GToups Area 7 Council 1993- Committee on Public Psychiatry 1995- Hawaii District Branch: 1992- Chair, Legislative Committee 1996- Legislative Committee 1995- Secretary 1995-1996 Executive CoW1cil 1993-

Other Profeuional/Commanity Activitie.1: American Academy of Psychiatty and the Law 1986-1996 American Association of Community Psychiatrists 1996- Medical Advisory Board, 1993- Hawaii State Department. of Transportation Board of Directors, Oahu Alliance for the Mentally ru 1996- Oahu Alliance for the Mentally ID - 1995- Community Advisory Board, Community Care Services 1994-

Publications: Akaka, J. et al .• The relation between the age of the corpus luteum (CL) and luteolytic effect of an LI-I-antiserum (LH-AS): comparison of hysterectomized pseudoprcgnant rats with intact pregnant rats for th5ir response to IJ-I-AS treatment at four stages of CL activity. Endocrinology 100(5): 1334-40 May 1977

Morishege, W.K., Uetake, C., Greenwood, F.C .• and Akaka, J.• Pulmonuy insulin responsivity: In vivo effects of insulin on the ~c rat lung and specific insulin binding to lung receptors in normal rats. Endocrinology 100(6): 1710-22 June 1977 .

Penonal Interests: Endurance sports. theatre 94

TIIuRsDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE INDIAN EDUCATION WITNESSES LORENE WILLIS, NATIONAL INDIAN EDUCATION ASSOCIATION LORRAINE EDMO, NATIONAL INDIAN EDUCATION ASSOCIATION Mr. WAM.P. The next witness is the National Indian Education Association, Lorene Willis, with the Jicarilla Apache Tribe. I think I said that right. Ms. WILLIS. Mr. Chairman, no, it's Jicarilla. Mr. WAM.P. Jicarilla. Ms. WILLIS. That 22 percent you just heard was from my tribe, Jicarilla. Mr. WAM.P. Yes, I'm new; you can tell. Proceed, please. Ms. WILLIS. My name is Lorene Willis, and I'm a member of the Apache· Tribe. I'm the president of the National Indian Education Association. With me is Lorraine Edmo. She's the executive director of our organization. I'd like to talk a little bit about NIEA. It as the oldest and largest Indian education organization in the Nation and represents over 3,000 members. We deal with issues that relate to Indian education across the Nation. The testimony that you have before you will deal with all the increases and all the support that we would like for Indian education, a proclamation for all the appropriations to the Department of the Indian. One is the Tribal Priority Allocation, the higher education scholarship Johnson-O'Malley programs that are under the Interior; the ISEP formula, which is below average as far as weighted student unit compared to the average; the family and child education, student transportation. In my testimony you'll have all this list of increases that we are requesting, but I'd like to go through some of the facts about Indian education to give you justification for why we think we need these increases. The 1990 Census showed that the poverty rate for the American Indian and Alaskan Native is nearly twice the national average; 31 percent of Indians live below the poverty level compared to 13 percent of the total population. Nearly 38 percent of Indian children above five were living below the poverty level in 1990 compared with 11 percent of the non-minority children. The National Assess- ment of Education Program in 1994 showed that over 50 percent of American Indian fourth graders scored below the basic level in reading proficiency compared to 42 percent of all students. The American Indian students have the highest dropout rate of any racial or ethnic group with lowest high school completion and college attendance rates of any minority group. As of 1990, only 66 percent American Indians aged 25 years or older were high school graduates compared to 78 percent of the general population. 95 Some of the other initiatives that we'd like to support is Presi- dent Clinton, who's proposed school construction of over $5 billion to provide school construction and renovation for the schools across the Nation. We're also supporting the Interior Secretary, Bruce Babbitt, who has asked for 10 percent setaside for the BIA-funded schools rather than 1 percent, which is being considered by the legislative sponsors. Some of the things that I'd like to talk about, too, are some of the successes that we've had, because we believe that education is the means for• bringing a lot of the Native Americans into the mainstream. The tribally-controlled colleges are ones who have utilized education as far as educating our children. I'm also the chairman of the Southwestern Indian Polytechnic Institute, SIPI, in Al- buquerque, New Mexico, and we've been real successful with developing these agreements with the community there in Albuquerque. So we feel that education is the means for providing a means or a tool for our tribal people to become better successful in dealing with a lot of issues. Another thing that I want to mention with the suicide rate looking to the Apache, we had a suicide two months ago, a young boy who. was about 19 years of age. So we ·still have that problem in reality. Do you want to say something? Ms. EDMO. Well, I just wanted to also ask for support for the graduate scholarship area. In the last couple of years, the funding for Indian graduate education has dropped by almost $10 million, and I think this is unconscionable because we have an unmet need at the graduate center of at least $10 million that was recorded this year for Indian graduate student aid, as well as $2 million that was cut from the Indian Health Service scholarship funding last year and another $3 million from· the Office of Indian Ed. Fel- lowship Program. So I just wanted to put in a word for the need for graduate education for American Indian and Alaskan Native people. Mr. WAM.P. Thank you. ·The chairman has left me hanging, and I've got about two minutes left in this vote. So I'm going to recess for just five minutes, and the chairman ,will be right back. Please hang with us. Ms. WILLIS. Thank you. [Recess.] [The information follows:]

40-07~ 97 - 4 96

NATIONAL INDIAN EDUCATION ASSOCIATION 121 Oronoco st: •.AJexarlb, VA 22314 • Phone: 7~2870 • Fax: 1620 • E-mcil: [email protected]

STATEMENT OF THE NATIONAL INDIAN EDUCATION ASSOCIATION TO mE HOUSE SUBCOMMITTEE ON INTERIOR APPROPRIATIONS ON THE PRESIDENTS FISCAL YEAR 1998 BUDGET Submitted by Lorene Willis, NIEA President Submitted March 6, 1997

The National Indian Education Association (NIEA), the oldest national organization representing the education concerns of over 3,000 American Indian and Alaska Native educators, school administrators, teachers, parents, and students, Is pleased to submit this statement on the President's FY1998 budget as it affects Indian education. NIEA has an elected board of 12 members who represent various Indian education programs and constituencies from throughout the nation. Every year, NIEA holds an annual convention which provides our members with an opportunity to network, share information, and hear from Congressional leaders · and staff as well as federal officials on policy and legislative initiatives impacting Indian education.

We commend President Clinton for a budget that emphasizes the importance of education for all citizens of this country, including the First Americans. There are some programs such as the Office of Indian Education (OIE) in the Department of Education, Impact Aid, and higher education scholarships which deserve further consideration for possible increases. President Clinton has proposed several new education initiatives for FY1998 which will require a major investment of federal dollars. Programs like his school construction and education technology initiatives are needed desperately by schools operated and funded by the Bureau of Indian Affairs (BIA). ·

NIEA's testimony will discuss Indian education and related programs administered by the Bureau of Indian Affairs (BIA) and the Indian Health Service (IHS). We will also address President Clinton's prop~d national school construction initiative. ·

NIEA is aware of plans to move funding for om programs from Interior to the Labor-HHS-Education appropriations committee. Until this recent development, om was the only program in the Education Department funded from a separate appropriation. As such, funding for OIE was often at odds with other priority programs of the BIA. We will be providing testimony regarding OIE to this committee. NIEA believes that education is a, trust responsibility of the federal government no matter if Indian students attend public or reservation-based schools. The fact that almost ninety percent of American Indian students attend public schools does not, in our opinion, preclude the trust responsibility Issue.

A.· UUBMP Pf INQJAN AFFAIRS fflJA)-

NIEA concurs with the BIA's FY1998 budget investment of $467 million for school operations. An additional $58 million is requested for Continuing Education, Tribal Priority Allocations (TPA), and Special Programs.

L Primit,: Allgqltgn ITPA)•

• Adult Rdurattoo Adult Education continues to be .one ofthe most under-funded Indian education programs despite the fact that it Is desperately needed to enable adult American Indians and Alaska Natives who did not finish high school to obtain their General Educational Development degree (GEDs). Unfortunately, this program's funding level has steadily decreased over the past 3 years to the present request of $2.3 million for FY1998 - alone a $85,000 decrease from the FY1997 level We believe all tribes need access to adult education programs and that with the elimination in 1997 of the Adult Education Program in the Department of Education's Office of Indian Education (OIE), funding for the BIA's program is urgently needed. We request that BIA adult education be funded at a minimum of $4 millio" in FY1998. 97

• tti&her Educ;atjon Sc;hoJarshjps. NIEA supports the President's request of $29.5 million for higher education scholarships. Under this TPA program, grants are awarded by tribally-contracted programs to provide financial aid to eligible American Indian and Alaska Native students attending accredited post- secondary institutions. Scholarships are based on financial need. This program provides about 25 percent of a student's need. The unmet financial need for American Indian and Alaska Native students is estimated at $80 million nationally.

• Tohnson-O'MaJJey /TOM) Program. The FY1998 request is $17.216 million, a $1.040 million decrease from the FY1997 level and a $7.143 million decrease from the FY1995 level of $24.359 million. Funding for JOM has been steadily decreasing since FY1995. NIEA supports funding for JOM at $24 million to meet the increasing student population.

n. Other Prqrams:

• Indjan SchooJ EqyaJjzatjon Program QSEP) ForrnuJa. The President's FY1998 request is $296 million for this program, which provides formula-based funding for 185 BIA-operated, grant, and contract elementary and secondary schools. This amount, representing a $10.5 million increase over FY1997, would provide approximately $3,094 per Weighted Student Unit (WSU) compared to_ $2,904 per WSU in school year 1996- 97. NIEA continues to support a funding level of $3,500 per WSU - a number we have proposed since FY1993. The proposed $3,094 per WSU is still far below the average per student expenditure by public elementary and secondary schools, an amount reported by the Department of Education's National Center for Education Statistics (NCES) at $6,300 per student in school year 1995-96.

• FamjJ:y and Child ·Educ;atjon (FACE) Program. The FY1998 request of $5.5 million for BIA's early childhood development ·program is at a level that has not changed in two years despite a growing population. Furthermore, it is $1 million less than the enacted FY1995 level of $6.5 million, which, in tum, was a reduction from the FY1994 level of about $1.1 million.- We request that the FACE program be funded at the FY1995 level ($6.5 million) with a 4 percent adjustment for inflation.

· • Student Transportatjon. NIEA supports the FY1998 request for $343 million for student transportation. In FY1996-97 the BIA-funded transportation cost was at $1.60 per·mile with 15,197 miles 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 $1.34 below the national per mile average.

• Admjnjstratjye Cost Grants. NIEA supports the FY1998 request for Administrative Cost Grants of $44.7 million. At least 10 of the remaining 49 BIA-operated schools on the Navajo reservation have indicated that they will convert to grant status after July, 1997. The conversion cost is projected at $4.6 million. Therefore, the BIA will need another $1.6 million for this conversion. We do not know if severence costs are factored in to the Administration's request. There may be additional school conversions in FY1998, as well.

• Educ;atjon FadJitjes Operatjon and Majntenanc;e CQ&M). The FY1998 request for Facilities O&M is $74.6 million, a slight increase from FY1997. Although NIEA supports this request, we do so with misgivings because funding continues to fall below the projected level needed 'in this area.

• Trjbal Departments of Educ;atjon. Although no funding is provided in the President's budget, NIEA recommends at least $3 million for tribal departments of education, which are authorized by P.L. 103-382, the "Improving America's Schools Act." We believe that sufficient funding should be provided to assist tribes in planning and developing their own centralized administrative capabilities to accomplish the original intent of the 1994 Act.

• Trjbal CoHe~s/Post-sec;ondary Schools. NIEA supports the.President's request of $29.3 million for tribally-controlled colleges operating grants. The real need, however, is approximately $40 million based on an estimated 6,815 Indian Student Count (ISC). NIEA also supports $2 million for tribal college endowments, $2 million for economic development, and $1.8 million for emergency facility repair and renovations. 98

In addition, tribal community colleges have never received facilities construction or renovation/repair money from the BIA. The national average for Full-Time Equivalent (FTE) funding at mainstream community colleges is approximately $6,200 per year. The level of FTE funding for some special population colleges is approximately three times that provided to the tribal colleges.

Furthermore, NIEA supports the separate funding levels in FY1998 for Bureau-funded post-secondary vocational institutions. This includes Haskell Indian Nations University at $8.1 million, Southwest Indian Polytechnic Institute (SIPI) at $U million, the Institute for American Indian Arts (IAIA) at S5.5 million, and the United Tribes Technical College (Ul'TC) at S2.S million.

• Graif yah: %balambips- The FY1998 request for $1.33 million for the Special Higher Education Graduate Program, which Is the primary funding source for American Indian and Alaska Native graduate students, is totally inadequate to help these individuals meet the costs of achieving an advanced degree. NIEA requests a funding level of S., million for FY1998. The program, which Is administered by the American Indian. Graduate Center (AIGC) of Albuquerque, New Mexico, has been woefully underfunded for the last 3 yean. For school year 1995-96 the actual unmet need was $10 million. During the FY1995-96 year, the program funded an estimated 500 studentl with an average award of S.,,300. This average award is considerably lower than the $6,750 per student award for FY1991-92. Because of reduced funding, scholarship awards are being drastically reduced, but there remains an ever-increasing demand for these limited scholarship funds. This program funds students in Tl states with 128 tribes being represented in FY1996.

• Bcplas;ement Srboo1 Con1trw11on. The FY1998 request of $14 mlllion for Replacement School Construction Is to complete the Many Parms High School on the Navajo reservation in Arizona. While NIEA supports this request, we want to point out that there are many other requests pending for new schools which also deserve Congress' attention.

• Edm;atjon facilities Jmproxerocnt and Bcpajr Cfl&B). S.,2.2 million is requested for Education Fl&R in the FY1998 request and NIEA supports this level of funding. Furthermore, since there is a backlog of over $600 million in this program, we request that Education Fl&R be funded at its FY1995 level of $34.3 mlUion with a 4 percent adjustment for inflation.

I. INDIAN BEALJH SERVICE {IRS):

• lndjan Health Pmfeaajona 5cbP1@11bip1. The Indian Health Professions sections 103, 104, and 114 under Title I of the "Indian Health Care Improvement Act" provides authorizations to support scholarship recipients, loan repayment to health professionals, and temporary employment during non-academic periods. The Administration's FY1998 request for this program Is $283 million, a $1.S million increase over the FY1997 enacted level. NIEA, however, supports the National Indian Health Board's (NlHB) recommended level of $29.7 million. ·

• 5<;hool-Bjl!lf!d Health Edyratjon Pro&mJJ& CW$ and ·BIA). NIEA successfully advocated in 1992 to obtain a new authorization in the Indian Heal~ Care Improvement Act (lHCIA), to establish school-based health education programs. NIEA's FY1998 request ls S5 milllon fo~ both programs ($.1.5 million for IHS and $15 million for BIA). Under Section 215 of the IHCIA, the Secretary of DHHS ls authorized to award up to $15 million in grants to tribes to develop comprehensive school health education programs for children on reservations enrolled in grades K-12. The programs could be ~tabllshed in public, contract, grant and private schools.

Additionally, the Secretary of the Interior, in consultation with the Secretary of DHHS, is directed to develop a comprehensive school health education program for children age pre-school through Grade 12 in BIA-funded schools. The Secretary of DHHS ls directed to establish a comprehensive school health program in IHS. The curricula in BIA-operated schools would include programs such as nutrition education, personal health and fitness, mental health wellness, substance abuse prevention, safety education and activities for the prevention and control of communicable diseases. The Secretary is also directed to provide training in health curricula to teachers in BIA~perated schools to ensure coordination and integration with exi11tln1t Dl'02rams and services and to encourage tobaca>-free school environments. 99·

The area of school health education receives minimal support from both the BIA and IHS. Through an intra-agency agreement, IHS receives $230,000 annually from the Centers f

We ask the Committee to recommend a funding level for this authorization of at least $3.5 million for grants to tribes; and that $1.S million be provided to the BIA to fulfill its requirements under Section 215 of the IHCA to institute health education programs in its schools.

• HIV/AIDS Prevention. According to the.CDC, there were 1,434 reported and verified diagnosed cases of AIDS among Native Americans as of June 1996, approximately a 12 percent increase over the amount CDC reported in October 1995 (1,283). Although CDC's announcement on February 27, 1997 that the number of deaths nationally from AIDS had declined, including a 32 percent drop among American Indians and Alaska Natives, it did not address the issue of individuals with AIDS living longer and needing long-term care.

We note there is no line item for AIDS medication in IHS's budget, and that the President's budget does not cover the cost of drugs to treat Indian and Alaska Native people infected with HIV. The fact remains, however, that for these individuals, IHS is the only source for their medical care. Despite recent improvements in the treatment of HIV/ AIDS, such as the development of more effective drugs, far too many of our people are being denied this type of care because IliS Is not being funded to provide it. NIEA supports the National Congress of American Indians' (NCAI) recommendation that a restricted line item be included in IliS's budget to cover the cost.of AIDS-related treatment.

Furthermore, while NIEA supports the FY1998 request of $3.8 million for HIV/ AIDS Prevention, which is only a slight increase from FY1997, we cannot impress strongly enough upon the Committee the need for additional funding to be made available to combat this dreaded disease. NIEA recommends a significant increase in actual funding to all HIV/ AIDS education and prevention programs within IHS. NIEA also urges the Committee to impress upon the Department to implement the final recommendations of the President's Advisory Council on AIDS Services Committee regarding Native American AIDS Care Issues.

C. PROPOSED NATIONAL SCHOOL CONSTRUCTION INITIATIVE;

• President Ointon has proposed a $5 billion school construction initiative which would provide funds over the next four years for nationwide school construction and renovation. The proposed $5 billion would help pay for up to half the interest that local ~ool districts incur on school construction bonds, or for other forms of assistance that will spur new state and local infrastructure investment. Interior Secretary Bruce Babbitt has asked the Office of Management and Budget to include a 10 percent set-aside for BIA-funded schools rather than the 1 percent which is being considered by the legislation's sponsors.

The proposed 10 percent set-aside would allow the BIA to address its backlog of school repair projects, including school replacements. The estimated backlogs of BIA schools needing repair and renovation is $475 million. NIEA wholeheartedly supports the Secretary's request for a 10 percent set-aside for BIA- funded schools if the President's school construction initiative is enacted.

In conclusion, we want to thank the Subcommittee for continuing to give its attention to the issues and concerns we have raised in our testimony. In light of the federal government's trust responsibility for the education all American Indians and Alaska Natives, and on behalf of our members, we urge the Subcommittee's support for maintaining or increasing the funding for the Indian education and related programs discussed herein at the levels we have recommended. · 100

NATIONAL INDIAN EDUCATION ASSOCIATION 121 Oronoco st.• Alexandria. VA 22314 • Phone: 703-838-2870 • Fax: 703-838-1620

March 5, 1997

The Honorable Ralph Regula, Chairman Subcommittee on Interior and Related Agencies Rayburn House Office Bldg. B-308 Washington, DC 20515-6015

Dear Chairman Regula:

We are pleased to submit the attached testimony on Indian education programs in the Departments of Interior as well as programs in the Indian Health Service. We understand that appropriations authority for the Office of Indian Education (OIE) in the Department of Education is being transferred to the Labor, Health, Human Services and Education Subcommittee. We will be submitting appropriate testimony to that Subcommittee.

Ms. Lorene Willis, a member of the Jicarilla Apache Tribe, and President of the National Indian Education Association, will be providing NIEA's oral testimony. Ms. Willis is also President of the Board of Regents for the Southwestern Indian Polytechnic Institute (SIPI) in New Mexico. She is Acting Controller for her tribe. She is a foi;ruiing member of the SIPI Foundation and a past chairperson of the Jicarilla Apache Tribal Education Committee. She is a board member of the Confederation of Indigenous Elders and Priests of the Americas and a founding member of her tribe's Traditional Culture Group.

Regarding the disclosure on federal grants and contracts, NIEA receives 99 per cent of its funds from individual membership dues and convention revenues as well as other private sources. This year, we expect to receive only one small federal grant in the amount of $5,000 from the Indian Health Service for participation in our last convention. Please feel free to call us if you need additional information. s· ely, _ .

aine P. Edmo Executive Director 101

NATIONAL INDIAN CHILD WELFARE ASSOCIATION FEDERAL FUNDING SOURCE-AMOUNT-PURPOSE LAST THREE FISCAL YEARS-FY 94 THROUGH FY 97

Primary:

• Children's Bureau, ACYF $400,000 Linking child abuse and neglect with substance abuse in Native American communities. • Children's Bureau, ACYF $200,000 Native Amen.can family preservation and substance abuse preve!1tion training • USPHS, Indian Health Service $128,705 Indian Head Start Substance Abuse Initiative • Bureau of Indian Affairs $271,077 Production and distribution of Pathways newsletter • DHHS, ACF, Region X $82,929 Provision of technical assistance regarding coordination of ACF programs and Native American tribes and assessment of impact of existing and proposed programs on Native American populations in Region X. • DHHS, ACF, Region X $34,980 Produce welfare reform conference proceedings.

Subcontracts:

• DHHS-Human Services Department & University of Iowa $155,000 - Provision of technical assistance and consultation to Indian tribes who are working to develop services under the Family Preservation & Support Services Program. • Maternal and Child Health Bureau & Georgetown University $150,000 Assist in increasing access to federal, state, and privat~ mental health resources (or tribal governments. · • University of Southern Maine $150,000 Provision of culturally specific training and technical assistance to American Indian tribes and Alaskan Native corporatio~s on developing and implementing child welfare. 102

TliuRsDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESSES PRESTON McCABE, PINON COMMUNITY SCHOOL BOARD RENITA NEZ, PINON COMMUNITY SCHOOL ROBERT BEN, PINON COMMUNITY SCHOOL BOARD Mr. WAM.P. Okay, we're reconvened with Pinon Community School Board, Preston McCabe. And thank you for your tolerance. We had three votes, not one, but we should be through for a while. So we can make quite a bit of progress here. Welcome. Thank you. Proceed. Mr. McCABE. Good morning, Mr. Chairman. My name is Preston McCabe, and I'm the chapter president of Pinon. I'm also on the Pinon Community School Board, who presents this statement to you this morning. In my statement I have the clinic for Pinon Community. Well, our community, Pinon and seven other chapters within the Navajo Nation, has not had a facility that is capable of meeting the needs of the people there in the community, as well as surrounding communities also. Infrastructure developments in our areas have been halted due to the land dispute between the Hopi Nation and the Navajo Nation. You know, the boundaries were drawn and everything. Another problem we've run into is lack of funding in the area of infrastructure development. So you wonder how much longer are we going to wait again. So the clinic that we have planned in the community is not a luxurious one. It would only provide full-time basic and medical emergency services, but what we have now is called a health station. It's operated three days out of a week and it only provides minimal nursing support, a pharmacy, some lab work, and dental services. The nearest location with a doctor is 50 miles away in Chinle. For the othe:r chapters that are west of us, it's even further away from them. The first formal approval of the Pinon health clinic came in 1992 when the IHS approved the justification document, and, you know, most of the plans have been done. The site selection and everything has been done, but the money will be exhausted this summer. Un- less Congress provides funding to at least complete the design stage-the IHS tells us that we need $31. 7 million to finish the design as well as the construction phase-this will increase every year, especially when we have to halt the design stage again this summer ifwe run out of money. We request that Congress commit to fund this this year-this is a much-needed clinic-or at least provide us with the $873,000 to complete the design stage, so that we can put the project online for funding, to receive funding. We also have other concerns also, like in the ISEP formula. You know, the ever-increasing cost of increase is one of the problems that we experience out on the reservation. The budget that was 103 proposed by the President and BIA, we hope that this committee would not be satisfied with it because it's not enough money to keep up with enrollment, as well as the need of the school there. And the Pinon Community School further suggests this committee re-examine the ISEP formula, which was set up by Congress where it could be visited periodically, and that has not been done yet. So we need to kind of bring that to the attention of this committee, so that they could kind of give directions to the Bureau to re-examine that ISEP formula. And, also, we also ask-in our transportation department, we also for many years had this program which was always underfunded. In comparing this, what we get, and also with what the public school gives out for their buses, the public schools' bus, what they put out is $2.95 and what we get is $1.65-or $1.35 is what we get for ours, $1.60 actually. You know, this is some of the things that will be occurring again this year. The moratorium on GSA on bus rentals, that also will be relieved this year. Also, the other thing that's in there is that the roads out on the reservation, the maintenance part is not there. Then there is a lot of wear and tear on our vehicles. We need to bring some common sense in comparing the public school rate as well as to the BIA rates for. transportation costs. I think that needs to be compared and bring some sensibility into it. We also have a concern as far as the administration costs. The biggest concern we have is the fund that was there is insufficient to accommodate the things that will be going on this year within the Bureau, like schools' scoring grant and contract, and a lot of it impacts us when we're already on the program: We have to kind of bring that also to the attention and have you ask the BIA to give you full detail.s and information on each school that will be impacting us· that are already on the program. This is what we'd like to make a request of this committee to have the Bureau provide that. -, We .. also have another concern on. the facility operation and main- "tenance. With the new schools· and all that that are coming into '· play now, there will be, new ~'Square footage added, and. .that's going to require some more .money _to maintain .these facilities. Three point one is what it's going to need to .address this, and so far it's underfunded again. The funds that ·we get •is. forever getting lower and lower in these areas also, and we have a concern for it because we have a new facility. Also, .what's the use of building a new- facility and- you're not .even. providing enough. funds··to maintain these facilities? That's our concern because we do·,have that our warranty runs out next year, one-year ·warranty.. So that~s really why we. have that concern also. We also would like to say that we appreciate the time for you letting us-and appreciate what you have done, the committee's support, and we.hope that you continue to support us again. . With me ·I have Mr. Robert Ben, who's a member of the school board,. and I have our student·body- president here, who would like to be given a few seconds to say a few words. Mr. WAMP. Okay, briefly, very briefly. 104 Ms. NEZ. I just want to say thank you for supporting us and building our.new school and dormitory, and we hope that you continue supporting us in the future. Mr. WAM.P. Well, we thank you for your request and your presence here today, all three of you. Obviously, it's a great challenge that we face. Both the administration and the Congress have a real uphill battle to fund these requests. So we thank you for your presence here today and wish you the very best, and we'll do all that we can.. But, again, it's a great challenge for us, so thank you for your presentation. Mr.· McCABE. Thank you. [The information follows:] 105

PINON COMMUNITY SCHOOL BOARD, INC. Post-Office Box 159, Pinon, Arizona 86510 (520) 725-3234 Fax (520) 725-3232

STATEMENT TO THE HOUSE :INTERJ:OR APPROPRJ:ATJ:ONS SUBCOMMJ:TTEE FY1998 BUDGETS FOR J:NDJ:AN HEALTH SERVJ:CE AND BUREAU OF :INDJ:AN AFFAJ:RS

March 6, 1997

Mr. ·Preston McCabe, President of the Pinon Chapter of the Navajo Nation,· and President of the Pinon Community School Board, presents this statement on behalf of the Navajo people in the Pinon Chapter and surroundi~g communities of the Navajo Nation.

:IRS CL'.IN'.IC FOR P:INON COMMUN'.ITY

Our community.(Pinon and seven other Chapters of the Navajo Nation) has not had a health facility capable of addressing even a fraction of our health needs for several decades. Infrastructure development in our area was totally halted for 18 years while the Navajo-Hopi boundaries were worked out. And after that boundary was established in 1979, our efforts to obtain a decent health facility have been prevented by a lack of funding. How much longer must we wait?

The clinic IHS has planned is not a luxurious one. It would provide full-time basic and emergency medical services, optometry, some physical therapy, community health services, a mental health and substance abuse unit, community health representatives and related community-oriented health services.

What we have now is called a "health station" which operates only three days per week. The only services provided are minimal nursing support, a pharmacy, some lab work, and dental services. The nearest location with a doctor is in Chinle -- 50 miles from Pinon, and even further away for the Chapters to the west of Pinon. The 11,000 people in the Pinon clinic service area deserve to have more accessible health care than this.

The first formal approval of the Pinon Clinic came in 1992 when PHS approved the project justification document. Basic planning, site selection and most of the design has been done, but the design money will be exhausted this summer and all work will halt unless Congress provides funding for FY98 to at least complete the design. ·

IHS estimates that we need $31.7 million to finish the design and perform the construction phase. That estimate will increase 106

-2- every year -- especially if we have to stop the design work this year. We urgently request that Congress make a commitment thl• year to this urgently needed clinic. Please provide at least the $873,000 to complete the design and put this project on line to receive first phase construction funding in FY99. Even at that rate, we will have waited a full generation for basic medical services to be made available in our Community.

Bll ScsooL 9RIBM'l9PI BVPHT

Indian student Equalization Program. The total request of $296.3 million is not sufficient for the ever-increasing operating cost of the operation of schools and dormitories in Indian Country. In recent years, growth in enrollment in Bureau-funded schools has averaged between 2-5% per year. And between this school year (96-97) and school year 98-99, BIA expects enrollment to jump 6.5%. Yet the budget request would supply only $19 per weighted over the amount for next year. As you can see, this would not even cover inflation-related cost increases, let alone cover the costs associated with additional students or provide any meaningful dollars for program improvement. We hope Congress will not be satisfied with the FY98 budget request. At least provide enough money to keep up with enrollment. The· Pinon Community School Board further suggests that there is a need to re-examine the ISEP Formula by which funds are distributed to the schools and dormitories in the BIA system. When Congress established this formula methodology in 1978, it expected that the formula would be re-examined by BIA on a periodic basis and that up-dating alterations would be made. This has not occurred. Rather, the only changes in the formula have been made by itaelf, through statutory directives such as additional weights to recognize the additional costs of operating seventh and eighth grade programs, and for gifted and talented student programs. We ask you to supply direction and funding for BIA to perform the needed re-examination of the ISEP Formula to more appropriately measure the true total funding needs of the schools and dormitories in the 21st Century. That formula should,be based on the highest standards of program quality and educational opportunity for the Indian students enrolled in these federally- funded schools. student Transportation. The President's Budget requests $34.302 million for student transportation -- a slight increase of $2.5 million over the FY97 level. For many years, this program has been underfunded, requiring us to use ISEF.monies to supplement our transportation costs. 107

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The budget request would provide only $1.60/ mile, while our School's transportation costs are about $2.35/mile. These costs will definitely increase due to two circumstances beyond our control:

• This year GSA has been relieved of the moratorium on increases in its bus rental rates. Yet there is no additional funding in the budget request to help up meet these additional expenses.

•·one hundred percent (100%) of our bus routes are on BIA road systems and these roads need improvement. Since these roads are not properly maintained, they cause great wear and tear on our buses. And there is no additional funding in the student transportation budget request to help us meet these added expenses, either.

Please bring some common sense to the student transportation budget. In view of the average cost per mile to public schools -- $2.92, according to the BIA -- a doubling of the funds for the BIA system would not be out of line.

Administration Cost Grants. Pinon Community School Board is equally concerned about the President's Budget request of $44.7 million, an increase of only $2.55 million from the FY97 amount. The biggest concern is insufficient funds to accommodate the anticipated Bureau schools converting to Contract and Grant Schools, thereby making them eligible for Administrative Cost Grants.

Please ask the BIA to supply full, detailed information about the estimated Administrative Cost Grant need for each of the schools that will convert in School Year 98-99. As you know, unless there is sufficient funding in this budget item, BIA will reduce every schools Administrative Cost Grant amount and thus none of us will get the funding level directed by law.

Facilities Operation & Maintenance. The facilities O&M funding will continue to shrink as new square footage is added to the·BIA school facilities inventory. This year alone (FY 1997), a total of 800,351 in new square feet will be added which will require an additional $3.1 million in additional facilities O&M funding. But this added amount is not requested in the BIA budget request. As a result, the percentage of need that is funded will fall even lower than the 66% of need we currently get.

It makes no sense to us for the Federai Government to build new schools and dormitories -- such as the $16 million construction project we just finished at the Pinon Dorm and then fail to provide enough funding to maintain these buildings so that can be utilized for their full expected life. Next year, after the warranty on our new buildings expires, we will have to 108

-4- provide the full array of maintenance services, but we will not have the funds we need to properly protect the big investment the Federal Government has made in them.

We appreciate the opportunity to offer··our views on the President's FY98 IHS and BIA budgets. 109

TmrasDAY, MARCH 6, 1997. INDIAN HEALTH SERVICE WITNESS VIRGIL MURPHY, STOCKBRIDGE-MUNSEE COMMUNITY BAND OF MO- WCAN INDIANS Mr. WAMP. The next witness will be Stockbridge-Munsee Com- munity Band of Mohican Indians, Virgil Murphy, chairman. Mr. MURPHY. Good morning, Mr. Chairman and members of the subcommittee. Mr. WAMP. Good morning. Mr. MURPHY. I am Virgil Murphy, chairman of the Stockbridge- Munsee Band of Mohicans, and the Stockbridge-Munsee Tribe appreciates this opportunity to present our request for funding in the Fiscal Year of 1998 for the Indian Health Service. We have two requests. We request that this subcommittee provide Fiscal Year 1998 funding for two priority projects. The first one is for $3.6 million for a new waste water treatment facility in the Stockbridge-Munsee community, and $2.8 million for a new health facility. These two funding requests have been determined by the Stockbridge council to be of.highest importance, and we respectfully request this subcommittee's consideration of it. So let me give you a brief word on the background on the Stock- bridge-Munsee Tribe. We were once located in the northeastern part of the States. We were located in Stockbridge, Massachusetts, from thence we get our name, but we are originally Mohican. We were moved out of Stockbridge, Massachusetts into New York, where we had our reservation. We were moved out of New York into Indiana. Then we were moved from Indiana into Wisconsin, and now we are on our second reservation in the State of Wiscon- sin. We have approximately 46,000 acres of land, and our membership is 1,600. Approximately 800 live up on the reservation. We have a small successful casino and bingo operation which employ about 550 people, and the gaming proceeds that we have there are used to supplement funding for a number of tribal governmental programs. . We know that the funding that the President has put in for this Fiscal Year is $2.2 million for the Indian Health Service sanitation facilities; but at the same time when we look at it, the total level of need in the Indian Health .Service area, which includes Wiscon- -sin, -Michigan, Minnesota, and Indiana, was more than $27 million last year. The amount provided by allocation to the Bemidji area was only slightly more than $1 million. So one of the reasons why I'm asking for this, on the last res- -ervation, land that we were allocated was a barren chunk of land which was all cut-over, and there is no land , that's any good for anything. It's not any good for farming. ·It's rocks; 90 percent of it is not perkable, and so we are there and most of our homes all have private sanitary facilities and some of them have this mound system, which is very, very .expensive. In the very near future, •some of them _are going to be of no use whatsoever because of the land not being perkable. 110· We would like to get a new sanitary facility in there, if it's at all possible, because we're looking ahead to someday putting in a- save a part of our land where we can get some businesses coming in, but you can't get businesses if you don't have sanitation or a sewage department. So we ask that Congress, on top of the $2.2 million, provide $3.6 million to the Indian Health Service to fund a waste water treatment facility and sewage collection for Stockbridge. The tribe currently has a three-cell lagoon system, community water and waste water system, which was built in 1973, and it's beginning to show some wear. Last year, in 1996, they gave us some money to repair it, but it's not feasible for us to use it. In fact, it's only used for about 30 of our homes, and now we feel within the next few years we're going to have to build at least 50 or 60 new homes. Therefore, the tribe requests $3.6 million in the Fiscal Year 1998 funding to construct a master waste water treatment facility which will service an existing 80 residential dwellings with a regional area, service area, tribal offices, our health clinic and casino. In addition, the new facility would service the contemplated new housing development and other commercial developments, including a planned hotel. Our second request is for $2.8 million in Fiscal Year 1998 funding for a new health clinic and wellness center. We have one now, but it's small and very inadequate. It was small to begin with. We put two additions on there. Now the roof is beginning to leak and it's getting in sad shape. I would just like to add this; it isn't in here, but I'd just like to add this here: we were one of the first people or the first tribes in the State of Wisconsin to have a clinic, which was operated out of a small building, and we had contacted some doctors in Milwaukee and Chicago, and they used to fly in and land in a little airplane at an airbase--or not an airbase, just a farmer's field. They would come there and they would work on the tribe for nothing. So we originally started and then we got this small clinic. Now it's not economically-efficient anymore. So we would like to have that. So we -are asking the Congress to provide funding in Fiscal Year 1998, so that we may begin construction of this new facility. Thank you very much for the opportunity of presenting this Fis- cal Year 1998 funding request of the Stockbridge-Munsee Band of Indians. · Mr. W AM.P. Thank you, Mr. Murphy. Your testimony seems to be straightforward and we understand it. We appreciate your attendance here today. Also, though, it obviously is a great challenge that's going to be very difficult for us to accommodate, but we appreciate your persistence and your presentation before us today. Thank you for being here. [The information follows:] 111 Stockbridge-Munsee Co11t111Unity BAND OF TliE MOHICAN INDIANS TRIBAL COUNCIL OFFICES

TESTIMONY (F vm.GIL J. MURPHY, CHAIRMAN, STOCKBRIDGE-MUNSEE COMMUNITY BAND OF MOmCAN INDIANS ~· ... ' :· r REGARDING 'lBE FY1998BUDGEI'BEQUF.Sr FOR THE INDIAN HEALffl SERVICE

BEFOBE'IBE HOUSE JNTEBIORAPPBOPRIATIONS SUBCOMMITrEE

...... ,. ... March 8, 1997 l. >,- -:..l...,-,t] ,• . \ ;_,,,

.,-1- ...... _ '-. r' , ... ,· , •• ~¥'•'-i: Mr. Chairman and Members of the Subcommittee:_ ··. \ I am Virgil Murphy, Chairman of the Stockbridg~M~see Community Band of Mohican Indians of Wisconsin. The Stockbridge-Munsee Tribe appreciates this opportunity to present our requests for funding in Fiscal Year 1998 for the Indian Health Service. We request that this Subcommittee provide FY 1998 funding for our two priority projects: ; ·-. - $3.6 million for a new wastewater treatment facility for the Stockbridge- Munsee Community, and · · , • -- $2.8 million for a new health clinic for the Stockbridge-Munsee Community. . •. · ./:~-~-- ,/ The Stockbridge-Munsee Tribe was once· located in what is now the northeastern United States. However, in the early 1800s, we were removed from our ancestral lands to Indiana, and later relocated to what became the State of Wisconsin. Since 1856, our homeland has been a 46,000-acre reservation in central Wisconsin. The Mohican Nation has nearly 1,600 tribal members, over 800 of whom live on the reservation. The Tribe's major economic opportunity has been our small but successful casino and bingo operation. In 1996, the Mohican North Star casino employed some 550 people, about one-third of whom are tribal members. As a result of gaming, we are now the largest employer in Shawano County, WI. The Community uses gaming proceeds to supplement funding for such tribal governmental programs as Elderly Assistance, Higher Education and Vocational Training, Housing Assistance, and Economic Development. In addition, we haye built two homeless shelters and made numerous donations for assistance for needy tribal members from our gaming proceeds.

N8476 MOH HE CON NUCK ROAD • BOWLER, WI 54416 • (715) 793-4111 • FAX: (715) 793-1307 112

The Tribal Council has two funding requests we have determined to be of highest importance, and we submit them for this Subcommittee's consideration.

WASTEWATER TREATMENT FACil.JTY AND SEWAGE COLLECTION SYSTEM The FY 1998 budget request for the Indian Health Service's Sanitation Facilities Construction account proposes a modest increase of $2.2 million over the FY 1997 enacted level. While we support this requested increase, we note that the age of deficit reduction is evident here, because in the FY 1997 budget request, the Administration requested an increase of $43 million over the previous year's funding level for sanitation facilities construction. Clearly, the Administration, Congress and tribes are forced to struggle to determine priority programs which will receive funding as efforts to balance the federal budget continue.

As this Subcommittee knows, over the last several years, roughly one-half of the Sanitation Facilities Construction account has been used to address the back.log of sanitation facilities deficiencies in Indian communities which are included in the congressionally-directed 10-year funding plan. The total need in Indian communities for water and sewer facilities is currently some $1.8 billion. Using the Administration's FY 1998 budget request as a starting point, unless Congress appropriates additional funding over the budget request for Sanitation Facilities, only some $40-50 million of the requested $90 million will go toward the back.log. At this rate, Indian country is looking at 40 years before the existing back.log of water and sanitation - something most Americans take for granted -- is addressed. The Stockbridge-Munsee Community itself is in the Bemidji ms Service Area, which serves Wisconsin, Michigan, Minnesota and Indiana. The total level of need in our Service Area last year was more than $27 million. The amount provided, by allocation to the Bemidji Area, was slightly over $1 million. With this in mind, the Stockbridge-Munsee Tribe is in desperate need of a wastewater treatment facility and sewage collection system. The Tribe currently does not have a regional treatment facility, but uses a three-cell lagoon system community water and wastewater system. Concerns about the health and safety risks associated with an outdated and inefficient wastewater system -- including some seepage of wastewater out of the lagoon cells during drought years, and groundwater seepage into the cells during wet years - led to the Tribe receiving joint funding in FY 1996 through ms and HUD to repair and upgrade the ~xisting lagoon system.

The Tribe is grateful that FY 1996 funding was provided to upgrade our existing system, which services our main housing development area. However, 113

3 that area is made up of only 30 households. Even the upgraded lagoon system is not able to meet all current community sanitation needs. The Tribe's Planning Department projects that the Tribe will need to build 50 to 60 new homes for our members in the course of the next 10 years. Although several existing residential units on the reservation utilize individual septic tanks, due to the soil types on the reservation, it is very unlikely that these new homes will be able to utilize individual septic tanks. According to data stored on the Geographical Information System, almost 93% of the soil types located on the Tribe's trust lands have severe septic limitations. The remaining 7% of the land has moderate limitations. These limitations make it is very difficult to find suitable areas on which to build housing for our members. As a result, the Tribe is seeking funding to construct a ·master wastewater treatment facility which will enable us to construct these homes on lands that would otherwise be unsuitable because of the septic limitations.

The proposed wastewater treatment facility would service an existing 80 residential dwellings within the regional service area, tribal offices, our health clinic, and the casino. In addition, the new facility would service the contemplated new housing development and other commercial development, including a planned hotel It would also be able to handle future increases in wastewater flow. The ms Field Engineer has estimated that the cost of the new master wastewater treatment facility and collection system will be-$3.6 million. The need for such a system has been documented and submitted to the Indian Health Service for inclusion on the Sanitation Deficiency System (SDS) Listing. But, as this Subcommittee well knows, there are many tribal projects currently on the SDS list. Without adequate funding to the IHS, necessary and essential projects like the Stockbridge-Munsee's wastewater treatment facility and sewage collection system will not be constructed. We ask that the Subcommittee support the Administration's requested increase of $2.2 million to the Sanitation Facilities Construction account, and provide the necessary $3.6 million to the IHS to fund our Tribe's very needed project.

NEW HEALTH CLINICAND WELLNESS CENTER For the ms Facilities account, the President's FY 1998 budget request proposes an increase of $39 million over the FY 1997 enacted level for construction of two replacement health facilities in Arizona. The Stockbridge-Munsee Community strongly supports this request, and urges the Subcommittee to support it. We know from our Tribe's own experience that many tribes throughout the country share our great and urgent need of a new health facility. 114

The Tribe has a small ·health clinic on our reservation which was built in 1973. It is only 14,000 square feet, while the Facilities Management Office of the IHS recommends a facility between 17,000 and 20,000 square feet in size. In addition to being severely limited in space, the clinic is in poor condition, with , existing structural problems such as leaking roofs. After a point, further additions to the clinic - and there have already been two -- are not economically efficient.

During a typical month, the clinic provides medical services to over 1,200 patients, dental care to. 200 patients, and fills over 1,000 prescriptions at the pharmacy. Annually, tbie current staff of 35 full-time ~d 14 part-time employees and 6 full- or part-time physicians and dentists provides necessary and essential medical treatment to over 2,300 people - Mohican tribal members and Indians who are members of other tribes but live on our reservation, and numerous non- Indians who live within the original boundaries of the reservation.

The severe space limitations and poor condition of the clinic make providing necessary medical services very difficult. AB a result, in 1996, the Tribe applied for and received a Community Development Block Grant from the Department of Housing and Urban Development. A grant of $300,000 was provided in FY 1997 to design a new health clinic and wellness center. Currently, the Tribal Council is preparing a Request for Proposals for the purpose of contracting with an architectural firm to prepare the final construction and design of the new facility. The Tribe is seeking FY 1998 construction funding in the amount of $2.8 million through the Indian Health Service.

We are very proud of the services we provide our people and members of the surrounding community. We appreciate this Subcommittee's consideration of providing us with additional resources in FY 1998 through the Indian Health Service to improve our programs and services. Thank you very much. 115

TlluRsDAY, MARcH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESS BRUCE WYNNE, SPOKANE TRIBE OF INDIANS Mr. WAMP. The next witness will be the Spokane Tribe of Indi- ans, Bruce Wynne, chairman. Mr. Wynne. Mr. WYNNE. Well, thank you, Mr. Chairman. Mr. REGULA [presiding]. Thank you for coming. Mr. WYNNE. My name is Bruce Wynne. rm the chairman of the Spokane Tribe. We're a tribe of approximately 2,150 Indians in northeastern Washington. We have a reservation, approximately 156,000 acres. We do appreciate the opportunity to come before the committee to testify this morning. We thank you for your concerns. We have three primary areas of concern. First is the Bureau of Indian Affairs, and that's primarily Tribal Priority Allocations, the Indian Health Service, and certain policy issues that we do want to discuss this morning. They're not necessarily appropriations issues, but they are going to come before the Appropriations Commit- tee in the future. We are very concerned about them. In the Bureau of Indian Affairs, we are just asking for some increases in scholarships and fire protection and tribal courts. It's $40,000 for scholarships, $40,000 for fire protection, and $115,900 for an increase in tribal courts. Part of the problem with tribal courts, the authorization for the increase in tribal courts, is because there has never been an allocation for the upgrading of the tribal court system, and that is really the basis for our building a new structure, since all we're doing is sovereignty issues. So we really do need to increase the allocation for tribal courts. I should state that we do understand that there is a budget problem and you do have to meet with the requirements. So we appreciate that and we offer our assistance anywhere we can in trying to assist you with that. Mr. REGULA. We'll do the best we can. Mr. WYNNE. Okay, thank you. We appreciate that. In the Indian Health Service, the tribe is asking for about approximately $550,000 for a modular unit to assist us with our clinic because our clinic is dilapidated and old, and it's been primarily built with trailers, and they're not even modular units. They're primarily trailers that we've added onto the existing building that was way too small. We've had an increased patient load last year of 3,000 people from 14,000 to 17,000 visitations in a year. We have spoken with Mr. Nethercutt on this issue, and Mr. Nethercutt is going to offer us some assistance and to try to get a modular unit. It's the most economic way to go in trying to increase your abilities within the clinic. So we're asking for that. We're also supporting entirely the Northwest Portland Indian Health Board testimony that they will be submitting. Unfortu- nately, they did not get on the speaker list, but they are going to submit testimony. So we are supporting that entirely. 116 I think probably the most important issues I'll be talking about today are the .policy issues. Policy issues are primarily in·the trust fund management reform. There is a process that's going forward with the trust fund management .reform and be moving from the Bureau of Indian Affairs,··the 1AM account and the management of dollars. The problem that we really do· have with that is they are extending-that to. further remove from the Bureau of Indian Affairs the resource management- areas, and we have a very large concern with that because the Bureau of Indian Affairs has proved in the past that they cannot-manage money, but they have proved in the past that they- can manage resources. The primary reason for that is because the tribes have taken the initiative to structure so that resource management occurs.· Our experience in the past has been if the tribes step forward and start developing how these things are supposed to be managed, then it comes out right, and those are very good right now. We still do not think they should be messed with right now. So on April 15 I think Mr. Homer is going to come . to give a proposal, .and we appreciate the efforts and terms of management money, but we do· not appreciate the efforts and terms of resource management. ·The Northwest Pacific Energy System, of course, is being-- Mr. REGULA. You have.about one minute left. Mr. WYNNE. The-Pacific Northwest Energy System, which is primarily Bonneville Power Administration, of.course, is under the de- regula~on ·process. We're supposed to be part of the governance. of the river, and we have· been excluded from that, on the State's process for the steering committee ·and the steering committee report, and we feel like the tribes do have to have a part in the governance of their river. Mr. REGULA. Are you in Mr. Nethercutt's district? Mr. WYNNE. Yes. Mr. REGULA. So you'll be in touch with him? Mr. WYNNE. Yes. Mr. REGULA. And he's a member of the. subcommittee. Mr. WYNNE. Yes. Mr. REGULA. Okay. Mr. WYNNE. I do appreciate the chance to come in here and testify today. Thank you very much. Mr. REGULA. Thank you very much. [The information follows:] 117

Spokane Tribe of Indians P.O. Box 100 • Wellpinit, WA 99040 • (509) 258-4581 • Fax 258-9243

.CENTURY OF SURVIVAL 1881 - 1981

TESTIMONY FISCAL YEAR 1998 INTERIOR APPROPRIATIONS Submitted by BRUCE WYNNE, CHAIRMAN SPOKANE TRIBE OF INDIANS . . t.othe . SUBCOMMI'ITEE ON INTERIOR APPROPRIATIONS HOUSEAPPROPRIATIONSCOMMl'ITEE

MARCH 6, 1997, 11:26 a.m., B-308 RHOB

Mr. Chairman and Members of the Subcommittee, thank you for the opportunity t.o testify on behalf of the Spokane Tribe. The Tribe is located in East.em Washington, has 2,145 members and a Reservation of 156,000 acres. While the Spokane Tribe was historically a fishing tribe, we now rely primarily on timber for tribal income. There are three program areas within the Bureau of Indian Affairs for which the Tribe is asking for increased funding over the Administration's fy 1998 request: Tribal Priority Allocation ($195,900); Upper Columbia United Tribes ($400,000); and Lake Roosevelt Management ($100,000). We also support the President's proposed increase of $3 million for funding for the Tribally Controlled Community Colleges. In the Indian Health Service, the Tribe is asking the Subcommittee t.o sup_port funding for new modular units t.o house the Tribe's clinic programs (approximately $500,000) and funding for an elderly assisted living program ($200,000). In addition, there are two policy matters the Tribe wishes t.o bring t.o the Subcommittee's attention: the first is the proposal t.o remove the trust responsibility office from the BIA which we oppose at this time and the second is the need to include tn"bes in the decisions related to restructuring of the Pacific Northwest Energy System. BUREAU OF INDIAN AFFAIRS 'fdbalPdodtyAiknfjgg fl'PA>Ac;ogpgt

The BIA budget request shows a modest increase in TPA funding. As you know, TPA represents nearly 60 percent of the total budget for the BIA but it is the lifeblood of tribal governments. It is the money tribes receive to support services for their people. We do not have a tu base; the United States owns legal title to all our lands and they are not tuable. The Unit.eel St.ates obligation to provide funds for tribal health, education and welfare programs is part of the treaty guarantees made to tribes by the United States in return for the cession of millions and millions of acres of land. Because of the decreues in fy 1996 and fy 1997 funding for the TPA account, the proposed increase will leave tribes barely even with the fy 1995 actual dollar level but actually losing in terms of acljustments for inflation. At Spokane, our TPA funding in fy 1997 was $593,200; the anticipat.ed funding in fy 1998 would be $635,700, an increase of $42,500. Mr. Chairman, we use these funds for many purposes, including tribal 118

government infrastructure, services for children and the elderly, scholarships, education, courts, law enforcement, adult vocational training, agriculture and forestry. As you can see, the funds must be stretched very thin for all programs. For example, our contract for natural resources is $2,800, obviously not enough to fund even a support staff • person; community fire protection is funded at $4,100; public safety at $12,700. Our additional identified needs total $195,900 as shown below:

· --$40,000 for scholarships -$40,000 for fire protection; the Tribe currently loses 98 % of all structure fires because of bad equipment, inadequate communications, and remote fire stations. -$115,9000 for- tribal courts; the Tribe's court caseload has increased fourfold in two years.

We ask the Subcommittee to support the President's proposed increase for TPA and to add more if possible to this accQunt which targets spending at the local level. An across-the-board ten percent increase over _the President's budget would be of great benefit to all tribes nationwide. · 'friballY Controlled fJnrnrnunity (!n)kges Act The President's budget requests an increase of $3 million for-the TCCCs. We believe this minimum amount is necessary to maintain stable and productive colleges on Indian reservations. The Spokane Tribal College is in its early stages of development as a sister college of the Salish-Kootenai College at the Flathead Reservation in Montana. We are proud of our accomplishments to date and·look forward to full participation in the TCCCs program in the near future. ·

Upper CnbmbiH United 'fdbes ructm The primary purposes of the UCUT program is to mitigate the harm to fish and wildlife caused by the construction and operation of hydroelectric facilities on the · Columbia River and its tributaries. The tribal portion of this program has helped the Northwest Power Planning Council to understand the fundamental importance of fish and wildlife resources to the religious, cultural and economic livelihood of tlie Indian Tribes .. UCUT funds are used to implement, monitor and evaluate fish and wildlife plans, as· well as for regulatory enforcement, for planning, and for coordination between state, federal and tribal governments. The President's budget request of $297,000 includes a return of $74,000 that bad · been transferred in fy 1997 to the Kootenai Tribe under its self-governance program. Because UCUT involves management of a shared resource by four tribes in the Northwest, it is also a shared responsibility• and thus is not a program that is amenable to separation of funding. We believe the proposed transfer is correct and hope that the Subcommittee will concur. We have recently completed an assessment of total funding needs for this program •. and found it to be just over $700,000. The fourUCUT tribes would be most grateful if the Subcommittee would recommend an increase of $400,000 to $700,000 for fy 1998; This increase is needed for the tribes to continue to-leverage funding from other sources such as BPA and EPA; to implement new fish··and ·wildlife-projects approved by NPPC in 1995;

-2- 119 and to maintajn and improve existing projects approved in 1987, 1994, and 1995. In addition, funds are needed tQ assist tribes in developing recommendations for a NPPC amendment process being initiated this year. IekeRnnemreJt Lak~ Roosevelt was formed when the Grand Coulee Dam was con~tructed in the early 1940s. Bc:,th the Spokane and Colville Tribes participate in the management of the environment and the recreational uses of the area surrounding the Lake. The Tribes implement the cooperative management agreement entered into between the Tribes and the Department of the Interior for management of this resource. The BIA has asked for an increase from $577,000 in fy 1997 to$590,000 in fy 1998. The·Tribe supports the proposed increase. For the Subcommittee's information, the Spokane Tribe's contract amount is $185,000; the actual, documented need is $285,000. Right now, the contract supports salaries and vehicle costs for three rangers; it does not-fund the parks maintenance staff, vehicles or supplies .. The Tribe must pay these costs from its own revenues. Therefore, the Spokane Tribe requests an additional $100,000 earmarked for the Tribe's management contract for Lake Roosevelt. Mr. Chairman, the Tribe also supports the testimony of the Northwest Intertribal Court System requesting funding for the Indian Tribal Justice Act and for the NICS program through the BIA. INDIAN HEALTH SERVICE An IlIS service unit clinic at Spokane serves all of the Indians residing on and near the Spokane }wservation. The clinic is small and is housed in a substandard facility. It is understaffed, with not enough doctors, dentists and other needed health personnel. We understand that Representative Nethercutt, who is the Tribe's representative in the Congress, is working with the IlIS to obtain modular units to house the clinic. We ask the Subcommittee's support for his efforts. The cost will be about $500,000. In addition, Mr. Chairman, we would like to begin an assisted living program for our elderly citizens through the CHR program at IlIS. The Tribe would need a minimum of $200,000 to establish such a program. Mr. Chairman, the Spokane Tribe also supports the testimony of the Northwest Portland Area Indian Health Board in its entirety. We are particularly supportive of the proposed bill language that would allow use of maintenance and repair funds to be used for new construction when the costs of repair exceeds the costs of new construction. The Tribe also supports the request for $200 million to cover unfunded mandatory costs increases. POLICY MATTERS The Tribe is very concerned about the proposed plan to implement reforms required by the American Indian Trust Fund Management Refomi Act of 1994. In particular, the Tribe has determined that further study must be undertaken of the proposal to create an independent organization, outside the Department of the Interior, that would assume all trust asset management functions. Because of our concerns, we

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strongly urge that the Subcommittee not take any action to implement any part of the proposal until the Tribes have reached some agreement on the matter. In addition, the Tribe is involved in an effort to develop a truly comprehensive restructuring ·plan for the Pacific Northwest Energy System. A steering committee, appointed by the governors of Washington, Oregon, Idaho, and Montana, developed recommendations for energy system restructuring that was driven largely by utility and industrial interests; it did not involve the affected Tribes. These same governors recently appointed a Transition Board to expedite implementation of the Steering Committee's recommendations but, again, the Transition Board does not include any tribal representatives nor have they attempted to involve the Trj.bes in their deliberations. The Tribes are concerned that the recommendations now under review do not address impacts on fish and wildlife and cultural resources, nor do they assure continuation of conservation programs or support for renewable energy efforts. We wanted the Subcommittee to be aware· of our concerns in this area. Tribal efforts to organize to respond to these threats to federal law and treaty obligations are costly. , We do not now ask for appropriations for this purpose but wanted you to know our concerns and the kinds of issues Tribes face almost constantly and to which they have little or no resources to respond.

Finally, Mr. Chairman, I would be remiss if I did not once again remind the Congress of its failed obligations to Tribes and our sincerest hope that this Subcommittee will begin a corrections process. As both Senator Campbell and Senator McCain pointed out last week, since 1975, funding for tribal programs has not kept pace with funding for programs that serve other Americans. According to Senator Campbell, citing a CRS report, while BIA education programs increased an average of $14.6 million per year from 1975 to 1998, in reality, when factored for inflation, those programs actually lost an average of $1.4 million each and every year. The Northwest Portland Area Indian Health Board reports that between 1995 and 1997, Interior appropriations decreased by 6. 7 percent while Labor, HHS and Education increased by 9. 7 percent. In addition, there are huge backlogs in federal obligations to Indian people, including $200 million in environmental clean-up costs for BIA facilities, $1.8 billion for Indian sanitation facilities, $4.8 billion in Indian roads construction, and $188 million for essential maintenance and repair for IHS facilities. There is also a significant backlog in construction needs for schools (over $600 million), juvenile facilities, and jails. Once more, the Tribe appreciates the opportunity to testify today and we look forward to working with the Subcommittee during the fy 1998 appropriations cycle.

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TmmsDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESS MERVIN WRIGHT, JR., PYRAMID LAKE PAIUTE TRIBE Mr. REGULA. The Pyramid Lake J>aiute Tribe, Mr. Wright. Mr. WRIGHT. Good morning, Mr. Chairman. Mr. REGULA. Good morning. Mr. WRIGHT. Members of the committee, my name is Marvin Wright, Jr. I'm the tribal chairman for the Pyramid Lake Paiute Tribe of Nevada. · I would like you guys to take a look at the written testimony that's been submitted, and I'd like to just summarize some of those points here this morning. Mr. REGULA. Yes, we will. Mr. WRIGHT. I think, first of all, with respect to the TPA funding that the administration has submitted in their budget, we definitely support the amount that's being proposed and also would encourage and request that not only the House, but the Senate, take into account the increase that's being requested by a number of tribes that are before these subcommittees. First off, we have areas of priorities of our high school construction, education, water rights settlement, resource management, In- dian Health Service, environmental cleanup, law enforcement, and cultural preservation. With respect to the high school construction, we would request that Congress unfreeze the construction list that has been in effect now. This would go in conjunction with the Presi- dent's request for the $5 billion for school construction. We also agree with the Secretary of the Interior's request that 10 percent of that be set aside for tribal schools. Definitely it would add to the benefit of unfreezing the construction list, as well as providing the schools that are needed on Indian reservations. We do have a request for $6 million that we would require for an agreement that was reached in northern Nevada with respect to water quality. Six million would be used to purchase water rights from willing sellers of a nearby irrigation district, which happens to be the first constructed reclamation project in the Unit- ed States, the Newlands Reclamation Project. The project itself has caused serious environmental damage to Pyramid Lake. It has caused two fish species in Pyramid Lake to be listed as endangered and threatened. We are looking at ways to recover the habitats, but this is one way that we would like to add flows in the river, as well as additional amounts of water, water supplies reaching Pyramid Lake. The water resources management contract, we're asking for $500,000 to help in the administration and management of these resources. Definitely we have the capability to utilize the 638 contract to administer the functions of the technical requirements to meet the needs of the reservation, as well as the in-stream flows and habitat requirements. 122 We do have a request for $300,000 for cultural preservation. We are currently involved with a serious issue in Nevada with respect to the 9,415-year-old set of remains that Were found back that were dug up in 1940. They sat in a museum for 50 years. The BLM is responsible for the contract for that State museum, whereby the museum is now claiming that this individual is Caucasoid. They're making reference that he possibly could be Japanese. Obviously, from the tribal standpoint, you know, we absolutely disagree with that position. There's another issue up in the Columbia River Basin that's very similar to this situation, and we need this type of assistance to help us organize and deal with these issues. Just in closing-I guess I'm getting close to my time limit-I would like a couple of policy issues to be taken into consideration; that is, BIA reorganization and a serious look at IHS and the inequities in IHS. Mr. REGULA. We're planning to do that, although the authorizing committee needs to address these problems more than we do. Mr. WRIGHT. Just in the effect of IHS, I just want to share a comparison of what we deal with on our reservation. We serve about 1,300 patients with the contract health service. Well, these individuals that are in the area, director positions, as well as the commissioned officers here in Rockville, Maryland, they receive about $30,000 less than what we get to serve those 1,300 patients. So that tells you and it shows you the inequity of the IHS. Mr. REGULA. Yes. · Mr. WRIGHT. So, with that, again, I would just, in closing, just want you to recognize our support for the ·National Indian Edu- cation testimony in the areas of the scholarships that they're requesting from the committee. Mr. REGULA. Thank you very much. Mr. WRIGHT. Yes. Mr. REGULA. We'll take your statement and concerns. [The information follows:] 123

Pyramid Lake Paiute Tribal Council Port 01/iff 11oz 256 .Nizo11, Nnoda 119414 Telqlume: (701) 514-1000 I 514-1001 I 514-1001 FAX (101) 514-1008

Testimony-of The Honorable Mervin Wright, Jr., Chairman Pyramid Lake Paiute Tribe Before the House Appropriations Sub-Committee on Interior and Related Agencies Hearing on-the Fiscal Year 1998 Appropriations for Bureau of Indian Affain and Indian Health Services March 6, 1997

Good morning, Chairman Regula, Members of the Commit~ and Honorable Tribal leaders. My name is Mervin Wright, Jr. and I am the Tribal Chairman for the Pyramid Lake Paiute Tribe of Nevada. On behalf of the Pyramid Lake Paiute Tribe, I appreciate the opportunity to testify before the House Sub-Committee on Interior Appropriations today. We expRSS our gratitude for Committee support in the past, and respectfully request the Committee to fund the Tribe's priorities for Fy 1998: High School Construction, Education, Water Rlghts Settlement, Resource Management, Indian Health Services, Environmental Cleanup, Law Enforcement and Cultural Preservation. A brief history will support this request for funding.

TRIBAL IDSTORY: The Pyramid Lake Paiute Tribe is one of many Paiute bands of the Northern Paiute Nation and was affirmed by the Indian Reorganization Act of 1934. The Pyramid Lake Indian Reservation is the largest Indian reservation in the State of Nevada covering approximately 476,000 acres. The reservation contains entirely within its boundaries, a natural desert lake frotn which the Tribal name is derived. It is the largest terminal lake in the United States and has a surface area of 110,000 acres and is as deep as 330 feet. A prehistoric indigenous fish ·species ailed the Cui-ui (pronounced Kwee-wce) has existed in Pyramid Lake for thousands of years and is the foundation of our Paiute culture. The Cui-ui is currently listed as an endangered species, while another inhabitant fish species the Lahontan Cutthroat Trout is listed as threatened species. The Lahontan Cutthroat Trout is an inq>ortant aspect of our livelihood, as is the Cu-ui, and was once the primary economic support for our Paiute People.

The enrolled membership of the Tribe is approximately 1,800 people. As a Tribal Government, the Tribal Council responsibility.is to provide primary services to our elderly, our children, and the support for social order within our reservation. Cultural identity is becoming a prevalent matter of importance in preserving the well being of our people. Education is a primary focus for the betterment of our People. Health care is an· area that requires professional care at an affordable price. Social Services·will enhance the well being of our People in addressing social ills of our modem day society. These are issues which have additional pressures that we are managing and require financial resource support for eventual sua:ess. 124

Pyramid Lake High School: $10,000,000 The planning and .architectural design phase of our high. school is 100% complete. As one of many Tribes who have placed education as an imponant asset of our People, unfreezing of the Tribal high school construction list ·will be a major step to assist in preparing our children for future endeavors in career and professional advancement. A high drop out rate and low self esteem among our high school students causes parents arid administrative staffs to react, sometimes negatively, to address the problems of drop out rates. The physical conditions of school modular facilities are oft.en equivalent to trailer parks; children who attend such facilities oft.en have increased feelings of low self-esteem. A new high school will enhance the acceptance of an educational standard of achievement that will promote post secondaty education and the well being our communities.

Unfreezing the construction list will provide the means for advancement of all Indian Tribes currently on the construction list to begin recognizing the effort by each _government to achieve an objective that promotes consistent objectives in our societies. In promoting and supporting a high standard of achievement, and from personal experience, each child entering high school must be provided the opportunity to realize the challenge of successful completion of an educational institution. Tribes h,\lve become better prepared and educated to deal with social disorders and recognize the goal of motivating our children to strive for better conditions for their lives than the experiences we hold from our past. ·

Water Rights Settlement/Water Resources Management: $6,500,000 The Pyramid Lake Paiute Tribe has a long history of water litigation on the Truckee and Carson Rivers in Northern Nevada. Since the inception of the Newlands Reclamation Project in 1902 and the accompanying Derby Dam construction in 1908, the degradation of the Pyramid Lake aquatic habitat and environmental structure has been seriously damaged. Litigation was costly and the Tribe decided to enter negotiations in the mid- l 980s in an attempt to resolve outstanding issues through talks with upstream municipalities, the States of Nevada and California and the federal government. A settlement act was achieved in 1990 with the Congressional passage and Presidential signing of Public Law 101-618, the Truckee-Carson-Pyramid Lake Water Settlement Act.

The Pyramid Lake Paiute Tribe is in the process of settling two outstanding lawsuits ~hich were filed in the early 1980s against the Truckee Meadows Water Treatment Plant. The lawsuits have been dismissed. However, the water rights purchase program to augment instream flows to the Truckee River during July, August and September was agreed to by the parties to resolve concerns about future expansion of the wastewater plan. Six million doll~ has already been appropriated and is in the federal system. The United States Department of Interior, on behalf of the Tribe, is obligated purchase $12 Million worth of water rights from willing water right holders in the Truckee River Basin. We are concerned that if the Bureau of Indian Affairs gains control of any amount of these tribal funds, the Tribe will lose some of the benefit intended for the Tribe. The Tribe is quite capable of managing and administering this program.

We are currently involved with negotiating final stage of the Truckee-Carson-Pyramid Lake Water Settlement Act (Title II of Public Law 101-618); however, the management and monitoring enforcement measures will not conclude with achievement and approval of thi~ settlement. The Pyramid Lake Paiute Tribe is one of five·principle signatories of the settlement act. As we begin the

2 125

initial implementation phases of the settlement act, it is acknowledged of the immense administrative responsibility accompanying implementation of this law. The Tribal Water Resources Management Contract will require $500,000 in funding support for a highly technical advanced operation associated with monitoring flows and water quality criteria, scheduling releases, managing released flows, accounting of water supplies and participating in further implementation and regional water negotiations. The decision to enter negotiations was one to avoid litigation expenses, plus to achieve resolution by compromising from each side to lessen the ability to create and support adversarial positions.

Health Services: $1,000,000 The social structure on our reservation is one of fragile capacity. The problem associated with the lack of adequate services to our People is a reflection of funds appropriated for unnecessary purposes. The Health Service provided through Indian Health Services is not adequate. The services reaching our People are not reflective of the amount of funding support in the Area and Headquarters Offices of this agency. The Tribe has built its.own clinic facility, but the bureaucracy surrounding the service absorbs much of the funding before actual services can be provi~ed. This amount will support contract health, dental, mental health, substance abuse, child abuse and social based services.

Cultural Resource ~tion: $300,000 The Pyramid Lake Paiute Tribe is affected by the enactment of various federal laws and State statutes associated with the protection and preservation of cultural resources. Some issues have the effect of compromising and damaging existing resources. The Tribe has the ability to represent concerns and issues before federal and state agencies, but does not have the financial ability to organize an effort to work cooperatively and in conjunction with such agencies. The Tribe will be responsible for planning and developing important representation to protect and preserve cultural resoun:es. This amount will provide the Tribe th_e ability to work with other Paiute Tribes in an effort to utiliz.e nec:essary resources to protect cultural resources.

Environmental Clean-up: $250,000 Pyramid Lake received substantial impacts associated with the New Year's Flood in the Truckee River Basin. Two sewer mains were broken, the Sparks industrial area suffered serious flooding which resulted in a number of unidentifiable contaminants reaching the Truckee River and eventually ending up in Pyramid Lake. Seva-al bird species have been taken for toxicology studies to determine the extent of contamination. The impact to the micro-organism habitat is not yet known and our fear is that the beginning of a food chain so important to the rest of this habitat has suffered consequential damage. This fund will support activities in an effort to maintain control measures for water quality. As we proceed into monitoring requirements under a water quality agreement (stated above) and proceeding with implementing tribal water quality standards, it is important to establish and implement a hazardous material response against environmental degradation.

Law Enforcement: $500,000 Tribal law enforcement requires financial support for effective enforcement of tribal laws and regulations. In enforcing the regulatory requirements for law and order, fish and game and ordinance compliance, this funding will supp,rt the ability to work cooperatively with federal officials, state officials and local jurisdictions. It is important that our tribal government accept and support the

3 126

needs of adequate law enforcement for proper enforcement measures to meet our community needs.

Policy Issues: BIA an IHS Reorganization: As Congress begins to review the reorganization of the federal agency, BIA, there are serious concerns with respect to the structure of the BIA which provides actual services to reservation communities. When tribes view their resources, certain considerations must be acknowledged to the trust obligation of the federal government. In recent years the federal agencies have struggled for power and authority in Indian affairs. The BIA is not recognized as. a force within Interior in representing the trust responsibility directly to Indian Tribes. The authority vested in the Interior Department to uphold the trust responsibility does not exist with the proper authority; BIA

Now; in reviewing the structure of the BIA, it is the BIA Area Offices and the BIA Agencies that tend to regulate the authority of this federal ·agency. The services provided through the Interior appropriation process gets into the system, but normally the area and agency offices tend to absorb the funds intended for tribal programs. In some cases, the federal laws are misinterpreted and BIA officials misguide Tribes in complying with -statutory requirements. It: is a matter of reducing the bureaucracy causing setbacks, but not cutting funding for services. This Congress should seriously consider strategy thinking in recourse management. The focus must view the trust assets as priority.

The IHS is in the same situation. The services are not received at adequate levels. It is the Area Office and the Headquarters where the bureaucracy absorbs the fonding intended to provide services on the ground. A comparison in one case, is the commissioned officials making six digit salaries, and the Tribe receives $152,000 to serve 1,300 patients in contract health services. The purpose or reorganizing the IHS should-be viewed as one to increase the services at the reservation. It is recommended that the process of restructuring the IHS not result in less services. Deficit spending is occurring in this agency, and the Area Offices are not accepting responsibility in balancing the deficit. The Tribes who have provided needed services through contracting must not be penalized for the efforts we are making. Tribal members are eligible for Medicaid and Medicare, but the IHS system offers their services as a supplement, not as an addition to the care provided. Either way the system provides the best method to serve our patients.

School, Construction: While the bulk of the responsibility for Indian school construction ,. falls now within the BIA; the President has asked for $5 billion to fund school construction needs in the united States and we are hopeful that the Congress will accept this proposal. However, we know that funds for -this. would be appropriated by the Subcommittee on Labor and HHS Appropriations. We understand· that Interior Secretary Babbitt has suggested that 10 percent of these funds, if - appropriated, be set aside for Indian school construction. We agree. -The federal government owns the Iegaltitle to ourJands and we have no tax base., In our view, the first responsibility of the federal government to the nation's schootconstruction needs should·be on Indian lands. Ten percent of $5 billion would take care of much of the unmet school construction needs in Indian country.

Trust Responsibility: .-The federal trust responsibility is one that our People' know well and is one that I cannot allow ro be overlooked or placed secondary to resources of material content. We are People of this land, the first People-of this land and express our concern for equal, if not better, services for our People than has been provided by the-Congress over the past 20 years..

4 127

THURSDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESS SAMUEL N. PENNEY, NEZ PERCE TRIBAL EXECUTIVE COMMITTEE Mr. REGULA. Nez Perce Tribal Executive Committee, Mr. Penney, the chairman. Welcome. Mr. PENNEY. Thank you. Good afternoon, Mr. Chairman. My name is Sam Penney. I'm chairman of the Nez Perce Tribal Execu- tive Committee. We have five areas that I'll go over very quickly. First is regarding a cadastral survey station, a wolf recovery program, the Snake River Basin adjudication on our water rights, our IHS clinic, and I have a submitted a copy of the report of the Northwest Portland Area Indian Health Board for the record. First of all, Mr. Chairman, the Nez Perce Tribe, in conjunction with the Bureau of Land Management, would like to establish a cadastral survey station on the Nez Perce Reservation. A defi~tion of a cadastral survey is that it, in general, creates, re-establishes, marks, and finds boundaries of tracts of land. What we have found over the years is that the original surveys were made late in the 1800s and early 1900s. Some of the old monuments are now missing or are very hard to find, and this survey would help us in that manner, because we are encountering problems with property disputes among the residents- Mr. REGULA. Okay, I understand that one. Mr. PENNEY. Okay, the second one is the wolf recovery program. The Nez Perce Tribe is leading wolf recovery in the State of Idaho. I believe it is the first time throughout the country that tribe has . · led an·effort on ESA recovery. We're badly underfunded. For example, region 6 of the U .S; Fish and Wildlife -Service, they get up- wards to---:-in Fiscal Year 1995 they got ,$600,000; in Fiscal Year 1996 they got $400,000:· Yellowstone National Park has wolves in a 2 million-acre-· area. The Nez Perce Tribe monitors an area over 50 million acres, but, yet, w~re only funded at $143,000. None of that money appropriated from Congress from region 6; it comes ·from all existing dollars ·from region 1 of the Fish and Wildlife Service. So there is a need-for us to actually- carry that out to adequate funding. -Also, over the years we've had some studies done regarding an · Indian. Health Service joint· venture project in which the tribe would contribute construction .of. a facility. We have found that -under the current authorities of the Indian Health Service that we would· probably never get- on a ·new construction list under IHS. So we're looking at innovative ways to construct a new facility. We request that we be included in the IHS joint venture authorization. ·I would like to point out, Mr. Chairman, on the last issue, we did talk to Senator Craig about the cadastral survey and wolf recovery. He was generally supportive. Mr. REGULA. Okay. Mr. PENNEY.· Our -last issue is the. Snake River Basin adjudication which was commenced by the State of Idaho in 1987. We're

40-073 97 - 5 128 currently under negotiations, but the trial court judge has stated that he cannot impede the State indefinitely. So we work with the Native American Rights Fund out of Boulder, Colorado, which assists us with this. So we'd like consideration for funds, for Fiscal Year 1998, at least $710,000. What that does is it goes through the BIA Water Resources and Protection Fund. Mr. REGULA. We'll take your requests under consideration. A question: are you in northern or southern Idaho? Mr. PENNEY. North-central Idaho. Mr. REGULA. I was reading that they have some real pollution problems from old silver mines. Is that up in your area? Mr. PENNEY. That's further up north near the Coeur d'Alene Res- ervation. Mr. REGULA. Yes, it's the lake at Coeur d'Alene; it's a problem. That doesn't affect you? Mr. PENNEY. No, it's not the Nez Perce. Mr. REGULA. Okay. Mr. PENNEY. But, under adjudication, it's very important that we be able to--we've been making progress with the negotiations, but it's getting very critical and we do need the funding to assist us. Mr. REGULA. Thank you very much for coming. [The information follows:] 129

·~/k>eTRIBAL EXECUTIVE . COMMITTEE P.O. BOX 305 • LAPWAI, _IDAHO 83540 .• (208)' 843-2253

BEFORE THE HOUSE COMMITTEE ON APPROPRIATIONS

SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES'

U.S. HOUSE OF REPRESENTATIVES

Testimony of Samuel N. Penney, Chairman, Nez Perce Tribal Executive Committee

March 6, 1997

Mr. Chairman, rnemb~ of the sub-committee, my name is ~~uel Penney. I am the 0 Chairman of the Nez Perce Tribal Execu~ve Committee, and I appreciate the opportunity to address you today. We appreciate the efforts you make to solicit our views end to stretch scarce federal dollars to meet our needs.

CADASTRAL SURVEY STATION

As the Committee knows, we have repeatedly sought en appropriation to the BIA real property program to assist in the establishment of a BLM cadastral survey station on the Nez

Perce Reservation. The survey is necessary for the successful management of our natural resources. It is also necessary to assist Jndi~ ::ind non-Indian resident& of the reservation in the resolution of boundary disputes. Because ofthe lack of eccur~te s~ey data, we are 0 encountering a growing number of disputes which arise es a result of uncertainty of property boundaries. Our reservation has been heavily checker boarded tlq'ough allotment. Boundary disputes create ill will among the residents of the reservation nnd lead to unnecessary expenditures of public end private fimds. We have recently executed en interagcncy agreement with the BIA and the BLM to establish a cadastral survey station on the tcServation if funds are .130

allocated to it. The agi~cnt calls for a budget ofSl 00.000 for FY 1998, with an additional

S4S0,000 to be spent over the following four years. Establishment of a survey station is a significant c:onunitment on the put oftbe BLM. and they have Rquested that there be at least a three year funding commitment. nae 11111 enough boundary disputes to n:quire a S1ttVey station for at least lbrec years, and given tbe RICCllt cxpc:riencc in only two of tbcse disputes which became highly controversial, we believe that the oxpeqdilme of f:bnds on a c:adastral sw'Vey is the most cost ctrcctivc UiC of federal fimds.

WOLF RECOVERY PROGRAM

We have been proud to bavc tho oppal1Dnity to participate in the Wolf Recovery Program with the U.S. Fish and Wildlife Savic:e. This ii the only effort in the nation in which a tribe ia leading the n:covay effort for Ill codangcred species. Thlough a contract 'llrith the Service, the

Tribe bas pruduud the n:covcay plan for wolva in central Idaho and ia implementing the plan. now approved by the Service. HOIVeVCl', lhc pmjcct is badly under 1illlded. 1111d the funding shortfalls threatens our ability to adequately IIIOllitDr the pairs which an: througbout 15 millicxi acras to detcnninc wbctla tbcy produce litters Ibis spring. The RCOvery standard for lbc:se 'lfOlves is raac:hing tm bRmiDg pain for three: c:onsecutivc years. If sufficient

funds are not available to dctaminc how IIIIIIY pain an: bm:ding, we will be unable to determine

when the recovery standard is Diet. We arc very pleased with the progrea the project has made ·

over the last two ycus, but need additional fimds to -=curatcly assess the extent of its success.

We are asking for a supplemental appropriation for F.Y 91 ofSl00,000, and for annual

appropnatiom tor FY 98 and following ofSlS0.000. 131

IHS CLINIC CONSTRUCTION FUNDS

The IHS clinic which serves the largest tribal community on the rese(Vation is an antiquated, inadequate, hazardous facility. We are seeking congressional funding and support for an IHS Joint Venture authorization to replace it. The IHS architectural survey completed just over two years ago calculated construction costs for a 17,000 square foot facility at

approximately 2.2 million dollars. Land has been identified on which this facility could be built,

and the need for a new clinic is urgent.

SNAKE RIVER BASIN ADnJDICATION NEGOTIATIONS FUNDING

Since 1987, the Nez Perce Tribe has been engaged in ·an adjudication ofits water rights in

the Snake River basin. This litigation was commenced by the State ofidaho and is the largest

water rights adjudication in the entire nation. We are represented in this proceeding by our own

in-house counsel and by ~e Native American Rights Fund (NARF) in Boulder, Colorado. The

litigation has been stayed for most of the last year, but during this time the Tribe has been

working intensively on negotiations of its water rights in four separate sets of negotiations, each

relevant to a particular geographic area covered by the tribal claims. Toe parties, including the

Tribe, the Departments of Justice and Interior, the State ofldaho and the private water users in

each area have been quite successful in narrowing issues, and we are currently in a critical period

of negotiations which may determine whether they can ultimately succeed. The trial court judgt:

has made it very clear to all of the parties that he will not stay this litigation indefinitely, so our

negotiations are increasingly intensive, and our funding needs for the negotiations are that much

more urgent. For FY 1998, we are requesting $710,000 be made available in the BIA's Water 132

Resources and Rights Protection accounts to NARF for its work on our behalf. Of that amount,

$520,000 would cover consultant contracts with experts assisting the Tnoe and NARF in the negotiations, including fisheries experts, engineering experts, an economist, and the tribal attorney assigned to the case. The remaining $190,000 would cover NARF's own staff time and expenses for the two attorneys and assistant assigned to the case. 133

TliuRsDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN'HEALTH SERVICE ,NATIONALPARKSERVICE WITNESSES FRANCES G. ·cHARLES, LOWER ELWHA S'KLALLAM TRIBE RUSSELL N. HEPFER, LOWER ELWHA S'KLALLAM TRIBE Mr. REGULA. Lower Elwha S'Klallam Tribe, Mr. Charles-no, it's Frances Charles, chairwoman. Ms. CHARLES. For the record, it's Frances Charles, chairwoman of the Lower Elwha S'Klallam Tribe, and, also, I have council member Russ Hepfer that is present with me. Mr. REGULA. Is this in the State of Washington? Ms. CHARLES. This is in the State of Washington. Mr. REGULA. Okay. Ms. CHARLES. Right across from Victoria. Good afternoon, Mr. Chairman and members of the committee here present today.. I am Frances Charles, chairwoman of the Lower Elwha S'Klallam Tribe, and I am here today to make some several requests ·on behalf of my tribes as well as several others. We ask the Congress to restore the previous year's reduction in the tribal government funding. Reductions have left our youth programs, our elder programs, and other tribal programs, including scholarships, underfunded, as it· has for several years. As things now stand, we can barely cover the spring quarter; there will be virtually nothing for the summer quarter. With welfare reform a reality, we must be able to provide education and training for our Indian people. We also support the administration request for Indian Health Service for Fiscal Year 1998. The requested increase will only provide the same level of services has this year. It is not an increase. We also support the Portland Area Northwest Indian Health Board testimony. The main issue that brings me here today, though, is the Elwha River restoration. The tribe has been involved in a multi-government settlement for years,. which was intended to reverse the con- -tinuing damage .caused by two hydroelectric dams upstream from the reservation. The river's remaining fisheries are in rapid decline ·because of the dams. Mr. REGULA. -Do the .dams impede the flow? Is this what causes your problem? ~Mr. HEPFER. They impede the migration of the supply. Mr. REGULA. Of the salmon? Yes, okay. Ms. CHARLES. Again, the --dams are also. causing erosion and flooding on the reservation, the shorelines, and the pollution on the reservation· waters, which we ·have·homes on the reservation, and now there are future problems of.existing homes, salt water erosion into the fresh water; the flow is no longer there like it used to be . .-We're land-locked; so we cannot get any more homes -within our reservation boundary. 134 The settlement- Mr. REGULA. Is the salt water coming in from the Pacific? Ms. CHARLES. What it's doing is it's having a beach erosion due to the dams being in place, and it's not clearing the sediment from up above to continue on with the replenishment aspects of it, keeping it in place. Now what it's doing is threatening homes that are being processed through with the erosion from salt water with the drinking water aspects of it. But, again, the sediment is now in doubt on the Elwha. Last September, Congress amended the Elwha Act by providing for the State removal of the dams after negotiating a binding agreement. The changes were made in the Elwha Act without the participation of the tribe. We feel that our government-to-government relationship with the United States was not honored. We request that treaty rights protection funds to consummate the tribe's position within the Elwha River restoration proceedings and request $405,000 to implement the initial phases of the Elwha chum salmon recovery program as outlined in the Elwha River EIS, and a $100,000 for the salmon habitat improvement, building upon the work began in 1996. In fisheries, we request that $350,000, as one of the four Point No Point Treaty tribes, for shellfish implementations, in complying with the provisions of the Federal court decision. Finallyl we request that the Congress fund the President's request of ;i,25 million to complete the purchase of the two dams and approval of the $83 million in the future years' budget to complete the dam removal. , And, again, we thank you for the opportunity to be present here today. Mr. REGULA. Thank you. [The information follows:] 135

!JJWEJl Elill1Hl "I JlHHll -CJJ!Jll-CJ! 2851 LOWER ELWHA ROAD (360) 452-8471 PORT ANGELES, WA 98363 FAX (360) 452-3428

Testimony of Frances G. Charles, Chairwoman Lower Elwha Klallam Tribe · Before the House Appropriations Subcommittee on Interior and Related Agencies Hearing on the Fiscal Year 1998 Appropriations for BIA, NPS and IHS March 6, 1997

SUMMARY

LOWER ELWHAKLALLAMTRIBAL REQUESTS: Support the Administration's request for an additional $76.4 million in Tribal Priority Allocations. Continuation of Elwha River Restoration funding through the Tribe's BIA Self Governance Annual Funding Agreement: from the Water Management and Development account or Water Rights Negotiation Litigation account. Support National Park Service funding of $25 million toward the dam acquisition cost pursuant to Elwha River Restoration, P.L. 102-495. And, authorization for $83.3 million to complete dam removal. $405,000 to implement initial phas~s of the Elwha chum salmon recovery program, as outlined in the Elwha River Restoration Environmental Impact Statement; and, $100,000 for salmon habitat improvements building upon the work begun in 1996. Increase in treaty shellfish implementation, management and enforcement, to $350,000 (as part of Point No Point Treaty Tribes' request for $1,400,000 for shellfish implementation). Full Contract Support (indirect cost) funding for BIA compact and ms contract amounts for fiscal year 1998.

Language restricting implemen~tion of the Special Trustee's Strategic Plan. 136

Lower Elwha Tribe of Washington State Page2

Lower Elwha Klailarn 'lribe: Elwha River Restoration

The Lower Elwha Klallam Tribe has been involved as one of the principal participants in examining the ways to fully restore the Elwha River through the removal of the Elwha and Glines Canyon Dams on the Olympic Peninsula in Washington State. The Administration has requested funds for Fiscal Year 1998 which will be the first major step in accomplishing a dream the Elwha people have had for over 80 years - removing the structures which have kept our salmon from returning home. We urge this Committee to investigate the merits of this proposal and to fully fund the Pre·sident's request.

Since 1989, the Tribe's involvement has been supported through the Bureau of Indian Affairs - usually through the Water Rights Negotiation/ Litigation account. Funding for the Tribe's efforts has decreased from a steady funding level of $470,000. The FY95 amount was reduced to $375,000 and in FY96 the grant to the Tribe was only $94,000. The Tribe requests the assistance of the Committee in restoring the funding for the Lower Elwha Klallam Tribe. Since the 104th Congress amended the Elwha Act to include the State of Washington in the process, the Tribe is facing brand new challenges with regard to treaty rights protection.

The Administration has requested $25 million for acquisition of the dams. The Tribe also supports the Administration's request for authorization of $83.3 million in additional funds toward the removal of the dams.

The Tribe requests $405,000 for the initial phases of the chum salmon recovery program, including enhancement of the tribal hatchery to achieve the production of the fish needed to restore the fisheries. For several years, the Tribe has sought and come close to receiving the funds necessary to renova,te the hatchery. We are now at the point where funds are needed to simply maintain what we have in place currently. The equipment is over 20 years old; the buildings are marginally useable. We need maintenance funds as well as the funds that are needed to renovate the facility in order to preserve the remaining salmon stock. 137

Lower Ewha Tribe of Washington State Page3

Fisheries Program

The specific needs in the fisheries services program are:

• Shellfish implementation, management and enforcement funding increase to.$1,400,000 for the· Point No Point Treaty Tribes ($350,000 for each of the four Tribes).

• Continuation:of Jobs for the Environment program. The Tribe has done restoration work on the Little Hoko River in which several miles of river were rehabilitated and are once again suitable for salmon spawning. This project has provided three years of employment for five displaced timber workers, both Tribal and non-Indian.

• ·Supportcontinued funding for US/Canada Pacific salmon negotiations to resolve the current impasse in the development of fishing regulations, as well as to continue management of fisheries under US/Canada jurisdiction.

• Continuation of Wild Stock Initiative funds for the Tribes and State of Washington.

Indian Health Service

The Administration has requested a small increase from clinical services and contract support. We ask the Committee to support these requests: they are funds which go directly to the tribes for health care delivery.

Oftice of Special Trustee The Office of the Special Trustee is seeking comments currently on its proposal to take over trust responsibilities in addition to the trust fund management that he has had for the last two years. We ask that this Committee direct the Department of the -Interior to not implement any of the proposed changes until there has been a full and fair opportunity for a hearing, comments and tribal consultation on this issue. 138 ...Lower , Elwha Tribe of Wuhington State

When Tribal leaders in the Northwest speak of natural resource matt.era, we are speaking of treaty protect.ed rights: fisheries, water and the forests which support the entire life cycle of the salmon, as well as hunting and gathering rights. We don't put a dollar value on them. It is disturbing to see the water and natural reso~ included under the Special Trustee's category of assets. These are more than mere assets - much more. The strategic plan appears to be merely a prospectus on how the federal government can use our assets to offset the costs of treaty obligations and trust responsibilities. 139

THURSDAY,.MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN.HEALTH SERVICE WITNESS PEARL CAPOEMAN-BALLER, QUINAULT INDIAN NATION Mr. REGULA. Quinault Indian Nation, Pearl Capoeman-Baller. Pearl, I'll let you tell us your name. [Laughter.] Ms. CAPOEMAN-BALLER. Good morning. My name is Pearl Capoeman-Baller. I would like 'to thank you for the opportunity to present the Quinault Nation's recommendations for the Fiscal Year 1998- Mr. REGULA. Where are you? In what State? Ms. CAPOEMAN-BALLER. Washington State, right on the coast of Washington. I would like to summarize our major concerns. First, I ask that as . you consider the information presented here today, that you keep in mind the strengthened Federal-tribal relationship which we have developed over the past 30 years. This relationship has been strengthened by Congress' commitment to the fundamental principles of the trust relationship which exists and is assured to tribes. I ask, as you make these very difficult decisions today, that you not lose sight of this founding principle. Similar to Congress' efforts in making government more effective, so, too, as the Quinault Nation, but in doing so we've faced a difficult task of trying to prioritize what are the most vital programs and necessary programs to Quinault Nation, and we try to do that without jeopardizing the programs, the services, and the - needs of our people. But when we look at budget reductions, we see the overall impact of what happens to those programs and needs, and any budget reductions impact our programs and our people. So we ask that you take that into consideration and the impact that it has on our long-term planning and the efforts that we're trying to achieve with our economics and our self-sufficiency. It's critical to that. The Quinault Nation would like to take a minute to applaud Congress' efforts in imposing a strategic planning process in all Federal agencies. The Nation agrees that this is a necessary element for the future. However, when you look at the strategic planning that has taken place, we ask that you consider tribal input, especially when you consider the Office of the Trustee and all the hearings that are going on and the tribal concerns that are being addressed in that. That's critical to the tribe's future. One of the issues, I think if you were to ask me, ''What is one of the biggest concerns and issues that you face as a tribal leader," I would have to say that one of the most compelling concerns that we face within the next few years is our ability to meet the goals and objectives of the Personal Responsibility and Work Oppor- tunity Act of 1996. The nation has been involved on a State level, a local level. We've worked with other tribes in trying to make sure that we understand what impacts that is going to have on our people and all Indian people across the Nation. I think that for the 140 · Quinault Nation, if we are going to meet the goals of what's outlined in that act, we need training for our people; we need higher · education; we need child care development, because without all those components, we're not going to be effective in achieving that. That's a critical point for the Quinault Nation, and I think the governor from the State of Washington will submit a letter supporting our issues along this line. I want to mention that we believe that during the last two Fiscal Years the IHS has absorbed nearly $120 million in mandatory inflationary and growth costs. These costs can no longer be absorbed without detrimentally affecting direct health care to Indian people. I think that's a critical issue that all tribes are facing. During Fis- cal Year 1998, it's critical that all mandatory cost increases in the IHS be fully funded, including the mandatory pay increases, population growth, and the medical inflationary costs. We are also requesting that the M&O funding be increased to $77.7 million for maintenance and repair. Unfortunately, because maintenance and repair has not kept up with construction of new IHS facilities, our medical facilities are in jeopardy. So I would also like to quickly support the Northwest Indian Fish Commission, the Northwest Tribal Courts Association, the Northwest Portland Area Indian Health Board, and, more importantly, the Quinault Nation needs are---we are requesting $300,000 for start-up costs because of the Native American Repa- triation Act. We need to house our items that could be returned to us, and we need a safe and secure place, which we don't have. Mr. REGULA. Okay, thank you. How large is your tribe? Ms. CAPOEMAN-BALLER. How large is it? We have close to 3,000 tribal members. Mr. REGULA. Do they work off-reservation? Ms. CAPOEMAN-BALLER. Predominantly on-reservation. We're a self-governance tribe. Mr. REGULA. In agriculture? Ms. CAPOEMAN-BALLER. Pardon me? Mr. REGULA. Mostly in agriculture? Ms. CAPOEMAN-BALLER. No, no, fisheries, fisheries and forestry, and both of those are very declining resources. Mr. REGULA. Yes. Okay, thank you very much. Ms. CAPOEMAN-BALLER. Real quickly, I want to add-I mean, I couldn't go home without mentioning our elders; they would disown me. We have a dire need for an assisted-living program for our tribal elders, and we are asking for $250,000 in initial funding and $150,000 on a recurring basis to establish an elders-assisted program for our elders. With that, thank you very much. Mr. REGULA. What age do you become an elder in your tribe? Ms. CAPOEMAN-BALLER. Well, I feel like I'm an elder, but I'm not going to tell you my age. [Laughter.] It's 60-not my age; it's the elder age. [Laughter.] Mr. REGULA. You're not an elder, I'll take your word; you don't look like one, anyway. [Laughter.] Thank you. [The information follows:] 141

Quinaull Indian N·alion POST OFFICE BOX 189 • D TA HO LAH, WASHINGTON 98587 D TELEPHONE (206) 276-8211 Testimony of Pearl Capoeman-Baller, President Quinault Indian Nation Before the House Interior & Related Agencies Appropriations on the · Fiscal Year 1998 Appropriations for BIA & I.H.S. March 6, 1997

SUMMARY

QUINAULT NATION APPROPRIATIONS REQUESTS: TRIBAL PRIORITIES

1. Quinault Cultural Preservation Center (QCPC) + $300,000 Start-up funds for construction and development of a Cultural Preservation Center and Museum is needed to preserve the cultural heritage of the Quinault people-a nation which consists of. 7 tribes. Through Self-Governance funding, a small cultural program was developed, however, a facility is needed in order to properly restore, preserve and display artifacts, family heirlooms and other archeological findings.

2. Seniors/Elders Assisted Living Program - I.H.S. - Community Health Program + $250,000 As our elderly population increases, there has been a associated increase in the need for assisted living care. Our Public Health/Community Health Program is unable to provide continuous care due to lack of staffing. We are in great need of 24-hour care for many of our _seniors in both villages on the Quinault Reservation. Request earmark of $250,000 initial funding and $150,000 on a recurring basis to establish an elders assisted living program in the villages of Queets and Taholah.

QUINAULT INDIAN NATIO,N REQqESTS AND RECOMMENDATIONS: NATIONAL LEVEL

• Office of Special Trustee - American Trust Fµnd Mgmt ·Reform Act of 1994: Request language directing the Office of Special Trustee to complete analysis, true consultation and report back to Congress before implem~nting the Draft Strategic Plan of the Special Trustee for American Indians. · ,

• BIA/IHS Contract Support Funds: Provide sufficient contract support funding for increased tribal acquisition .of programs, services and activities in all DOI/BIA and I.H.S. programs. Instruct the BIA to establish a contract support funding process similar to the process. established by the Indian Health Service. 142

Quinault Indian Nation Page2

• Tribal Priority Allocatio1:1s: Restore the BIA budget - Tribal Priority Allocations to the FY 1995 levels, to ensure tribal programs are not diminished. The underlying principle for the establishment of the Tribal Budget System was to provide for each Tribe's· base budget to receive annual adjustments for inflation. This has not happened since 1995. Request increase of $73 million to TPA (to $830 million) to bring funding levels to same level as FY 1995 for Tribal Priority Allocations.

• Welfare Reform Implementation Programs: Require establishment of necessary infrastructure on Indian reservations of job training, adult and basic education and early childhood development programs.

• Elevation of Indian Health Service: The Indian Health Service is the largest d_irect health care provider within the Department of Health and Human Services and should answer directly to the Secretary to insure that issues which impact the agency are addressed. There are many legal and cultural issues which are unique to Indian Health programs and tribes rely on the Director of the I.H.S. to address these concerns. During the last Congress, the Honorable Sen. John McCain introduced legislation (S. 311} which would elevate the Director of the I.H.S. to the Assistant Secretary level within the DHHS. Since the elimination of the Assistant Secretary of Health, the need for this legislation has increased.

• IHS Mandatories: During FY 1998, it is imperative that funding be provided for all mandatory costs increases incurred by the Indian Health Service, including medical inflation, mandatory payroll increases and population growth (including new tribes). In the Northwest where Indian Health programs must purchase all inpatient and specialty care from private providers, it is particularly important that inflationary, cost increases for the Contract Health Services program be funded. In past years, deferred medical and dental services in the Northwest have been as much as $4 million annually. This is a great disservice to Indian people and should not be_allowed. Request full funding of mandatories for FY 1998.·

• Joint BIA/1.H.S. Issues: Contract support funds are required for tribes to successfully manage their own programs. The IHS has an estimated shortfall of $30 million and the BIA has an estimated contract support shortfall of $5 million in FY 1998 and $16 million in FY1997. Even with the proposed $10 million increase in FY 1998, these shortfalls deprive Tribes of needed administrative services. These shortfalls prevent the realization of the Congressional goal of Self-determination for tribes awaiting these funds. Recommend full funding of contract support costs. ,• • Northwest Portland Area Indian Health Board: Indian Health programs and services are provided to over 80,000 Indian people in the Northwest (Oregon, Washington and Idaho). Two issues are of the most significance to Portland Area Tribes: Contract Support Costs and Maintenance and Improvement funding for the 143

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Indian Health facilities. We support the Administration's proposal of $12 million in Indian Self-Determination funding to help address the current $39 million unfunded need for contract support. Another $12 million is proposed in the President's FY 98 budget to make a dent in the estimated $188 million in Backlog of Essential Maintenance and Repair.

QUINAULT INDIAN NATION FUNDING NEEDS

BIA SELF-GOVERNANCE: Tribal Priority Allocations Public Safety and Justice - Tribal Courts + $100,000

Funding to enhance the judicial court system to provide adequate pretrial and post-trial services to clients of the Quinault Nation Court. The historically underfunded Quinault Tribal Court currently suffers from lack of funding in several areas including: research and law clerk functions, court appointments, guardian ad litems, preparation of written decisions, process services, and clerical services. Despite these many deficiencies, the Court has managed to operate relatively well due primarily to multi-talented, cross-cultural and hard-working staff who are dedicated to the field and to justice. With proper funding, the possibilities for an exemplary court system are limitless.

Tribal Priority Allocations: Resource Management-Water Resources +50,000

Funding required to continue Coordinated Tribal Water Quality Program (CTWQP) to collect new water,quality and stream flow data and to correlate all available scientific information. This program currently is funded by EPA, which will end in FY 1998. Request increase to QIN TPA allocation to continue this critical data collection, interpretation and development of water quality standards.

Construction: Natural Resources Facility + $500,000

Construction funds are needed to complete the construction of Phase II Administration Complex. This building will supply the facility and infrastructure necessary for the Nation to move into the 21st Century with its Natural Resource Management responsibilities. The Natural Resources Department consists of 47 employees located in four buildings scattered across the reservation. Request a Congressional earmark of $500,000 towards construction of facility.

Tribal Priority Allocations: Wildlife and Parks~ "Shale Creek Pond" + $75,000

This facility was built in 1988 by Washington State Department of Fisheries as part of a cooperative wild coho supplementation program, and has become an integral part of the Quinault Indian Nation's efforts to improve productivity of the 144

Quinault Indian Nation Page4

Queets River wild stock of coho salmon. The level of salmon harvest opportunity in Washington ocean fisheries is often linked to the status of this stock, a key indicator of wild coho stocks coast-wide. Increasing production of this wild stock provides for increased harvest opportunity to Indian and non-Indian ocean fisheries alike. Request $75,000 to fund operating costs of this facility which will benefit commercial and recreational fisheries in the Pacific Ocean and Queets River.

Cc:mstruction: Fisheries Building +$75,000

The fisheries building located in Queets is used to house biologists, technicians and equipment to conduct wild salmon studies. The building is in an extreme state of disrepair. Thirty years ago it was a fire station and currently the walls, roof and foundation are all crumbling. A garage with storage space and interior offices are required. Estimated cost is $75,000.

NATIONAL PARK SERVICE: Historic Preservation Fund Quinault Cultural Preservation Center (QCPC) + $300,000

Start-up funds for construction and development of a Cultural Preservation Center and Museum are needed to preserve the cultural heritage of the Quinault people-a natiof which consists of 7 tribes. Through Self-Governance funding, a small cultural progi:am was developed. However, a facility is needed in order to properly restore, preserve and display artifacts, family heirlooms and other archeological findings .. Request earmark in Historic Preservation Fund.

INDIAN HEALTH SERVICE: Elders Assisted Living Program + $250,000

The Quinault N;ation Seniors program is in dire need of an ongoing assisted living program. More and more elders are in need of around-the-clock care. Families can provide some of the care, and the Nation's Community Health Program is able to provide only minimal assistance, however, more and more of our elders are requiring assisted care. We are unable to provide this care without hiring additional nurses and aides to provide this much-needed care. Request earmark of $250,000 initial funding and $150,000 on a recurring basis to establish an elders assisted living program in both villages on the reservation. · 145 THURSDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESSES ROBERT F. VALENCIA, PASCUA YAQUI INDIAN TRIBE RUBEN HOWARD, PASCUA YAQUI INDIAN TRIBE Mr. REGULA. Pascua Yaqui Tribe of Arizona, Mr. Valencia. Mr. VALENCIA. Good afternoon, Chairman Regula and Represent- ative Yates and members of the subcommittee. It's a great honor to speak before the Committee on Appropriations, knowing that our fellow Arizonan, Representative Jim Kolbe, sits on the same committee. I am pleased to offer my testimony regarding the Presi- dent's budget request for Fiscal Year 1998, the Indian programs and services. My name is Benito Valencia, and I am the chairman of the Pascua Yaqui Indian Tribe. With me is Ruben Howard, the executive director of the health department of the Pascua Yaqui Tribe. Mr. REGULA. How large is your tribe? Mr. VALENCIA. We're approximately right now at 10,000, near 10,000 membership. We're located in Tucson, Arizona. Before I begin my testimony, I would like to submit my comments for the record and acknowledge that the tribe concurs with the comments submitted to the Senate Committee on Indian Af- fairs by President Ron Haun of the National Congress of American Indians on February 26, 1997, concerning the proposed Fiscal Year 1998 budget. As I will explain in more detail, Fiscal Year 1998 funding request to this subcommittee for the Pascua Yaqui Tribe includes: sufficient funding for the Indian Health Service to provide health services to all our eligible tribal members under our HMO arrangements, estimated by IHS to be $10.7 million in Fiscal Year 1998, and $200,000 through the Bureau of Indian Affairs to conduct seven critical studies that were authorized by the Congress in Public Law 103-357 in 1994. As you may be aware, the Pascua Yaqui Tribe, through congressional enactment of Public Law 103-357, was authorized to open tribal enrollment until October of 1997. The tribe's population is expected to grow to approximately 14,000 tribally-enrolled members. This fact makes us one of the largest tribes in this country. Having said this, however, we remain one of the most severely underfunded tribes. Let me 1llustrate this point with the following information concerning the Pascua Yaqui Tribe's health care funding crisis: We are asking for your support and assistance in resolving a crisis situation regarding our future health care. As of today, we do not know what type of health care services we will be receiving and who will be providing these health services after May 31st of this year. Since the time when we received Federal recognition, the Pascua Yaqui Tribe has received health care services through a prepaid contract with a private HMO provider, but when Indian Health Services approached the tribe about participating in the 146 HMO program in the early eighties, our tribal leaders expressed concerns with the uncertainty of funding for the future trial members and the potential of changing providers every three years. They reluctantly agreed to this arrangement. In retrospect, the concerns of our tribal leaders expressed then have become a reality. On December 13, 1996, Indian Health Service advised us that they were no longer going to be able to continue funding the HMO program after the current contract expires on May 31st of this year. Based on their finruicial projections, the Indian Health Serv- ice estimated that they need an additional $2 million in Fiscal Year 1998 to fund the program just for the 4,400 tribal members currently enrolled in the HMO and cap the enrollment in the HMO at 4,500. But we are-- Mr. REGULA. You've got one minute left. Mr. VALENCIA. Okay. Mr. REGULA. So you'll have to summarize. Mr. VALENCIA. Okay. Therefore, an additional $4.7 million will be needed to fund the HMO program for the new tribal members. The Indian Health Service has provided us with financial information that outlines how much funding it will take to provide direct service to our current population and new tribal members. Using their resources requirement formula, they estimate the cost for providing direct health services is at $16 million compared to the $4 million currently allocated to the HMO or the $10.7 million needed to fund the HMO for all our tribal members. Mr. Chairman, the second important issue of the tribe is the appropriation of funds for the purpose of conducting seven critical studies that were authorized by Congress in Public Law 103-357 in 1994. Because of the tribe's open enrollment, the studies were needed to adequately prepare for the expanded population. There's eight items that were in that. Mr. REGULA. Yes, we'll look at your statement. Mr. VALENCIA. Take a look at that? Mr. REGULA. Yes. Mr. VALENCIA. Okay. To date, . only the genealogy study was funded by the Bureau of Indian Affairs in 1996. Mr. REGULA. Okay, your testimony is in the record. Mr. VALENCIA. Okay. We are requesting $200,000 for Fiscal Year 1998 to commence studies on the expansion of the tribal land base, water allotment planning, additional. water acquisition, NAFTA economic development.§, and the tribe is prepared to provide matching funds of $50,000.- Thank you. . Mr. REGULA. Okay, thank you. Thank you for coming. [The information follows:] 1,,

Benito F. Valeacla, Claalrmn

Puca Yaqm ladlu Tribe

Prepared Statmat op die FY 1991 Prpidgt'1 Reqgst for Fflknl Jldip ,,_,_. to die Hope Appnppriatiom S,IN;w•itts oa tpterior pd Bdltcd &resin

Mardi 6, 1997

L INTRODUCTION

Good Morning Chairman Regula, and Representative Yates, and members of the Subcommittee. It is a great honor to speak before the Committee on Appropriations knowing that a fellow Arizonan, Representative ram Kolbe, sits on the same Committee. I am pleased to offer my testimony regarding the President's Budget Request for FISCII year 1998 Indian Programs and Services. My name is Benito Valencia, and I am the Chlinnln of the Pascua Yaqui Indian T~ located in Tucson, Arizona. Before I begin my testimony, I would like to submit my comments for the record, and acknowledge that the Tribe concurs with the comments submitted to the Senate Committee on Indian Affairs, by President Ron Allen of the National Congress of American Indians on February 26, 1997, concerning the proposed Fiscal Year 98 budget.

As I wiU explain in more detail, the FY 1998 funding requests to this . Subcommittee of the Pascua Yaqui Tn"be include:

-sufficient funding through the Indian Health Service to provide health services to all our eligible tribal members under our HMO arrangement - estimated by IHS to be S 10. 7 million in FY 1998; and

-$ 200,000 through the Bureau of Indian Affairs to conduct seven critical studies that were authorized by the Congress in Public Law 103-357 in 1994

D. BACKGROUND INFORMATION

As you may be aware, the Pascua Yaqui Tn"be, .through Congressional enactment of P.L. 103-357, was authorized to open tnl>al enroUmentq~J.\lOctober of 1997. The Tribe's population is expected to grow to approximately~ tribaUy enroUed members. This fact makes us one of the most largest tribes in the country: Having said this, however, we remain one of the most severely underfunded tribes. Let me illustrate this point with the following information concerning the Pascua Yaqui Tribe's Health Care funding crisis. 148

A. TRIBAL HEALTH FUNDING

We are asking for your support.and assistance in resolving a crisis situation regarding our future health care. As of today, we do not know what type of heal~ care services we will be receiving or who will be providing the health services_ after May 31, of this year. · · ·-

Since the time we received federal recognition, the Pascua Yaqui Tribe has received health care services through a pre-paid contract with aprivate HMO provider. When Indian Health ·Service approached the Tribe ab~ut p~cipating in the HMO ·--· program in the early 1980's, ourtribal leaders expressed concern about the uncertainty of funding for future tribal members and the potential of changing providers every three years. They reluctantly agreed to the arrangement. In retrospect, the concerns our tribal .leaders expressed then have become areality. On December 13, 1996, the Indian Health Service advis~ us that they were no longer going to be able to continue funding the HMO program after the current contract expires on· May 31 of this year .. Based on their financial .. projections, the Indian Health Service estimated they need ari additional $2 million dollars in Fiscal Year 1998 to fund the program just for the 4400 tribal members currently enrolled in the HMO'and capping enrollment in the HMO at 4,500. But, we currently. have over 3,500 applications that are likely to be approved before the_October open enrollment deadline. These new members· will need health care services. Therefore, an additional $4. 7 million will be needed to fund the HMO_ p~ogram (or the new tribal members. The Indian Health Servjce has pre>vided us with fin~cial information that outlines how much funding it will take to provide direct services to. our c;:urrent population . and the new tribal members. Using their resource requirement formula, they estimate the cost for providing direct health care services at $16 million dollars, compared to the $4 million currently allocated for the HMO or the $10.7 million needed to fund the HMO for all our tribal members. ·

Health care is a priority for us. Utilizing our own tribal funds, we are nearing completion on a $2. 7 million health complex with 25,000 square feet .. The c;:omplex will include a small satellite clinic, a ten-chair dialysis center and a public health wellness center. Also, an additional $1. 7 million in tribal dollars are approved annually to our tribal community health programs to supplement the $.I .3 million dollar funding we receive from the Indian Health Service. ·

The Indian Health Service has not beeq supportive or proactive in working with us to identify a long-term_ solution that will provide health services to all our eligible tribal members similar to the_ services provided to all other tribes. We request the Committee direct the iIIS to work with the Pascua Yaqui Tribe in_ developing a plan to submit to Congress ~o later than January 1, 1998. In the interim the IHS will continue to fund the HMO in Fiscal Year 1998 without an enrollment cap in· the HMO proS!am. 149

B. DEPARTMENT OF INTERIOR

1. Bureau of Indian Affairs

Mr. Chairman, a second important issue to the Tribe is the appropriation of funds for the purpose of conducting 7 critical studies that were authorized by the Congress in P.L. 103-357 in 1994. Because of the Tribe's open enrollment, the studies were needed to adequately prepare for the expanded population. Let me specifically cite what those studies were. Among the authorized studies that we are requesting appropriations for are:

"(a) IN GENERAL-The Secretary of the Interior shall conduct one o~ more studies to determine-- ( l) whether the lands held in trust on the date of enactment of this section by the United States for the Pascua Yaqui Tribe are adequate for the needs of the tnbe for the foreseeable future; (2) if such lands are not adequate- (A) whether suitable additional lands are available for acquisition by exchange or purchase; and (B) the cost and location of the suitable additional lands; (3) whether the Pascua Yaqui Tribe has sufficient water rights and allocations to meet the needs of the tribe for the foreseeable future; ( 4) if such water rights and allocations are not adequate (A) whether additional water can be acquired; and (B) the potential sources and associated costs of such additional water, (5) whether the Bureau of Indian Affairs and the Indian Health Service have limited funding to the Pascua Yaqui Tribe based on the determination of the tribal enrollment in 1978, rather than the current enrollment; (6) if funding has been based on 1978 enrollment, how the funding levels can be adjusted to ensure that the Pascua Yaqui Tribe receives a fair and equitable portion ofBureau of Indian Affairs and Indian Health Service funding; (7) the genealogy of the Pascua Yaqui Tribe; and (8) the economic development opportunities available to the tribe as a result of the North American Free Trade Agreement." 25 u.s.c. S 1300f-3.

To date, only the genealogy study was funded by the Bureau of Indian Affairs in Fiscal Year 1996 for $35,000. We are requesting$ 200,000 for Fiscal Year 1998 to commence studies on expansion of tribal land base, water allotment planning, additional water acquisition, NAFfA economic development opportunities. The Tribe is prepared to provide matching funds of$ 50,000. ·

Thank you. 150

TIIuRsDAY, MARCH 6, 1997. INDIAN PROGRAMS WITNESS JOHN R. McCOY, THE TULALIP TRIBES Mr. REGULA. The Tulalip Tribes, Mr. McCoy. We're going to suspend for about two minutes here. [Recess.] Mr. REGULA. All right. Mr. McCOY. Good afternoon, Chairman Regula. I am John McCoy, the executive director of government affairs for the Tulalip Tribes of Washington State. We're located north of Seattle. We have approximately 3,100 tribal members, of which over half live on the reservation. There are a number of issues. Each one that gave testimony before me-all have valid programs and they all need funding, and · we realize that you can't fund everything. Mr. REGULA. No. Mr. McCOY. But some of our issues are the same: judicial and law enforcement, and later there will be testimony from the North- west Intertribal Court System. They'll be requesting approximately $150,000. The Tulalip Tribes is a user of that system and wholeheartedly supports their request for those funds. Education-as you know, there's never enough money for education or health. Those are programs that we continually fight and just·can never seem to get enough money. Fishing, shellfish-so we have all those issues that need to be addressed· and worked out. So wheri the Northwest Indian Fisheries ·Commission-I know· what they're going to say; we support what they say. So the list just grows, ,sir. So. that's where Tulalip is,. and we're supporting all those requests from NIEA and the others. · Mr. REGULA. Very good, thank you. [The informa~ion follows:] 151

TESTIMONY. ON FY98 HOUSE APPROPRIATIO.NS BILL

INTERIOR AND RELATED AGENCIES

HOUSE APPROPRIATIONS SUBCOMMITTEE

MARCH 6, 1997

The Tulalip Tribes thank you for ttie opportunity to present written testimony on the BIA, and IHS FY98 budget. The Tulalip Tribes has reviewed the FY98 budget and have prioritized the following as critical to our Tribal Programs:

CONTRACT HEALTH SERVICES (CHS) has not received appropriate increases in the last three funding cycles. The buying power of our dollar continues to decrease while inflation rates raise at a higher rate than that identified for other programs. Tulalip feels that increases to CHS should at least be consistent with those allowed to other Interior Medicaid/Medica·re Programs.

CONTRACT SUPPORT (CSC & me) and compact tribes are assuming the responsibilities and functions of the BIA and IHS, therefore the contract support dollars must be passed on to tribes to allow successful assumption of these programs. It is unreasonable to continue to downsize the BIA and IHS and not make the necessary program support dollars available t~ tribal programs. Tulalip does not support the use of program related money or tribal shares to pay for Reduction in Force {RIF), like any company or government entity these buy outs should be the responsibility of the federal government to pay for, not the tribes.

NORTHWEST INDIAN COURT SYSTEM is being fully utilized by tribes in the northwest and have stretched them to the maximum. Therefore, The Tulalip Tribes supports an increase of $1 50,000 in additional funding to enhance and deyelop the tribal court system.

TRIBAi PRIORITY ACCOUNT program dollars need to be transferred into Tribal TPA accounts to protect them .from. being used to support BIA/IHS budget cuts. 152

NEW CONSTRUCTION for tribal facilities in the northwest are woefully inadequate, traditionally both the IHS and the BIA have prioritized large regional centers far from local support. IHS facility construction has prioritized and enhanced the IHS hospital system while tribal primary care facilities have been virtually ignored. New construction dollars or alternative funding must be created to expand this local based health care delivery system.

FUND TO APPROPRIATE LEVELS as the BIA and IHS have operated at approximately 60% of the level of need for so long that tribes contracting/compacting are at a sever disadvantage. It always appears that the United States is willing to make firm and appropriate efforts to support other groups of citizens and programs designed to aid them, but when Native Americans appropriations come up there is more than a_ little reluctance to do the right thing.

This testimony is to remind you that Native American Tribes are not asking for a handout, these appropriations are the fulfillment of obligations the United States has to Treaty Tribes across the Nation. It is important to the future children of all Native Americans and to the integrity of our great country that these Tru·st Responsibilities be maintained. · 153

TmmsDAY, MARCH 6, 1997. INDIAN PROGRAMS WITNESSES ROLAND E. JOHNSON, PUEBLO OF LAGUNA FRANK CERNO, PUEBLO OF LAGUNA VIRGIL SIOW, PUEBLO OF LAGUNA Mr. REGULA. Pueblo of Laguna, Mr. Johnson, governor. Mr. ROLAND JOHNSON. Mr. Chairman, good afternoon. Thank you very much for the opportunity to present testimony on behalf of the Pueblo of Laguna. With me today are a couple of council members: Frank Cerno, to my right, and Mr. Virgil Siow. Mr. REGULA. Where are you located? Mr. ROLAND JOHNSON. We're located in central western New Mexico. Mr. REGULA. Okay. How large is your tribe? Mr. ROLAND JOHNSON. Our tribal membership is 7,446, of whom approximately 4,100 reside on the reservation itself. Also in the room is Mr. Gilbert Sanchez, who is the superintendent of our tribal department of education. I've submitted my testimony for the record, and I'll just try to summarize the contents of our request. Mr. REGULA. It will be appreciated. Mr. ROLAND JOHNSON. Last year I called to the committee's attention a situation which occurred back in 1988 as a result of a very severe rainstorm that occurred at Laguna, and it resulted in the need to basically drain a couple of irrigation structures, reservoirs. We have, since then, sought to pursue funding for reconstruction of the reservoirs. Included in this year's President's budget is an amount of $1.1 million. Mr. REGULA. Are these created by dams? Mr. ROLAND JOHNSON. Right, these are reservoir structures. Mr. REGULA. Yes, earthen dams? Mr. ROLAND JOHNSON. Earthen dams, that's right. Mr. REGULA. Okay. Mr. ROLAND JOHNSON. Right, and so, as I point out, included in this year's presidential budget is the amount of $1.1 million which we hope will be preserved. Laguna has also prided itself in the efforts that it's made to try to address the needs of our elderly people. We have a variety of programs, all designed to benefit the elderly. We own and operate our own 52-bed nursing home. We have home health services. We have the home-assisted live-in program. We have an adult daycare program, and we also have the regular Meals-on-Wheels program for our elderly. For years now we have been attempting to try to get the Indian Health Service to participate with us in financing the cost of operating these services for the elderly people, and they've maintained all along that they are in the business of providing for elder care health care. And so we again would ask that this committee take action to compel IBS to become involved, and it's my understanding that in the President's budget there is an amount of, I believe it's, $500,000 that ms has requested for elder care. We'd like to 154 see an increase in appropriations for that particular line item by about $600,000, which we hope can be earmarked for the Pueblo of Laguna. Also, we are one of the tribes that was directly impacted by legislation that Congress passed back a number of years ago requiring the Department to undertake an effort to try to reconcile its trust fund accounts. You're probably aware of the results of the efforts by Arthur Andersen and Company to try to conduct an audit. In fact, there was not an audit that, was conducted or at least there was not a process that took place which conformed to standard accounting principles, and as a result of it, we find ourselves in a situation today where we are being asked by the Department to engage in settlement negotiations, but we are without the kind of information it is that we feel that we need in order to make an informed decision as to 'what that level of settlement should be. We feel very strongly that there is a need to undertake a formal audit of our records and our accounts, and for that reason we're asking for an appropriation of $450,000 to aid us in that particular effort. One of our needs at Laguna also includes the need for a new adult and juvenile detention and rehabilitation center. Currently, our facility that we use is one that was constructed over 30 years ago. It doesn't conform to the standards because the standards back then weren't appropriate to what they are today. So because of an increase in the numbers of incarcerations that have occurred, we certainly need a new facility. As an example, in 1995, the number of incarcerations that we had was 647. In 1996, that figure jumped to 1,645. I believe sincerely that much of that increase is due to the fact that we have certainly made some improvements in our law enforcement program. The last item on our list of needs is a request for additional funding for irrigation construction and irrigation O&M activities. The Pueblo of Laguna, like all of the pueblos, are traditionally farmers, and it is a way of life for our people and we have a constant need for rehabilitating and developing new irrigation systems, irrigation canals. Also at the Pueblo of Laguna education has always been a top priority. At Laguna we have three systems. We have the elementary system that is operated by the Bureau of Indian Affairs. The Pueblo of Laguna operates the middle school program, and the State public school systems operate the high school program. We are currently in the process of trying to seek funds to rehabilitate the existing in elementary school. We need additional funding to help support the operations of our middle school program. Our high school is currently better than 30 years old, and we need a new facility. I thank you very much for your attention. Mr. REGULA. Thank you. [The information follows:] ,155

WRITrEN TESTIMONY OF THE PUEBLO OF LAGUNA ROLANDE. JOHNSON, GOVERNOR LAGUNA, NEW MEXICO FORTRE HOUSE APPROPRIATIONS SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES

Honorable Congressman Regula, Chairman

March 6, 1997

RE: Request for Federal Assistance for the Funding of an Audit of the Pueblo of Laguna's BIA Trust Fund Accounts, support for the appropriation of funds in President'• budpt for the BIA Safety of Dams/Pasuate Dama Project, desip/plannins costs for Justice, Law Enforcement, Detention and Child Advocacy Center, Annual Appropria- tion to support operation• at Laguna Elderly Care Center, and Irrigation O & M funds for Laguna irrigation projects. Total amount of thi• request: $7,600,000.00.

Honorable Congressman Regula, and distinguished members of the Subcommittee, I appreciate this opportunity to appear before you to present the needs of the Pueblo of Laguna. With me today are two members of the Pueblo's Tribal Council, Mr. Frank Cerno and _Mr. Vu-gil Siow.

The Pueblo of Laguna is a federally recognized tribe located in the North Central part of New Mexico. The reservation comprises of some 534,000 acres. The Pueblo consists of six (6) major villages within a 25-30 mile radius. The 1996 total tribal membership is 7,446 with approximately 4,100 members residing on the reservation.

The needs of the Pueblo continue to increase on a yearly basis and while the Pueblo has made some progress in addressing some needs, there are still unfinished projects and critical needs that still need to be met.

BIA Safety 0( Qam.n>aoate Proim;t

Last yt!ar, I made this Committee aware 0£ the situation with the Paguate dams project on the Pueblo. I informed the Committee that in 1988, there was a 100 year thunderstorm resulting in tremendous damage to roads, homes, and £arming areas as a result of water breaching the dam. This unusual storm weakened the entire structure of the clam. BIA ordered that both dams be drained. A Safety Evaluation of Existing Dams (SEED) and a deficiency verification analysis (DV A) were performed. Based on the results of this analysis, it was determined that both dams would require modification to remove or correct the dam safety deficiencies. The Pueblo has been made aware that President Clinton's budget has made provisions for an appropriation of $1,100,000.00 156

under the BIA's Safety of Dams line item for the rehab. and construction of the Paguate North and South Dams (at page BIA-264, U.S. Dept. of the· Interior Budget Justifications, FY 1998). The Pueblo would strongly recommend that this ~mmittee support this line item appropriation so that the dam can be restored to its original use for:agricultural purposes.

Laguna Rainbow Elderly Care Center ~ppropria.tio~

The Pueblo of Laguna strives to improve and enhance its quality and quantity of services to the elderly population of the Pu~blo. The Pueblo currently owns.and operates a 50 bed, intermediate- care nursing home facility .. Adjacent to the nursing home is a 40.unit elderly low-rent apartment complex that is also run by the Laguna ~bow Elderly Care Center. · In addition to the nursing care services and low-rent housing, the Elderly. Care Center also provides home health care services, and adult.day care center and an assisted living.program. The provision of these services has been costly. -Efforts .to obtain financial assistance from the Indian_ He;:uth S~rvice have been unsuccessful, because the "are not in the businesliof providing long term care of the elderly." Currently, the services provided by the Pueblo's Rainbow Corporation, including the operations of the nursing home are paid for with third-party Medicirid reimbursements',· small grants and some , supplemental funding by the Pueblo.. The Pueblo, however; is no longer financially able to provide supplemental assistance.

The expansion of the nursing home facility, the management and_ operation of the rental units, and the implementation -of other services such as home health care, adult assisted living and day care services should eventually· generate sufficient revenue to offset the cost of most to the services provided for the elderly.• Until then, without additional and: immediate funding assistance, the · coµtinuation of these services are in jeopardy. Improved health care, the.desire for personal well- being and improved social conditions have increased the life expectancy of the Native American by 20 years between 1940 and -1980, while that of main stream society increased by only 11 years during the same period of• time. While Native American elders account for 8.5% of the Native American population, their numbers increased 52% during the decade betw'een 1980 and 1990, and are expected to triple ·by 2030. It is· the goal of the Pueblo of Laguna to be responsive to the . increasing needs of its elderly members. Therefore, the Pueblo is requesting an annual line item appropriation of $600,000;00 to ensure the continuation of services vital to the support and well- being of its elderly citizens. ·

Bureau of Indian Affairs Trust Fund Audit

·The Pueblo of Laguna was one of-several hundred tribes that was included in the Bureau of Indian Affairs'. "Reconciliation Project," the purpose of which was. to audit and reconcile tribal trust funds, and thus quantify the amount of mismanagement by the ~IA The BIA contracted with the accounting firm of Arthur Andersen to conduct a reconciliation of the trust fund accounts. From the very onset the BIA and Arthur Andersen stated that various documents could not be produced by the BIA that could verify what transactions did or did not take place within the accounts. Thereafter, the BIA and Andersen used the apparent lack of certain records to· Justify condu.cting the reconciliation not according to generally accepted accounting principles and auditing standards, bu.t ratl,ier, according to "special procedures." As a result of using hundreds of these "special procedures," Arthur Andersen issued its Reconciliation Project Trust Fund ~indings.

The Secretary of the Interior has demanded that all tribes respond whether or not th_ey will accept the Arthur Andersen findings as accurate figures of their trust fund account balances. The Pueblo of Laguna hired the accounting firm of McGladrey & Pullen to analyze the findings. McGladrey performed its analysis ~d informed the Pueblo that. there is inadequate basis to accept the findings 157 as accurate. In addition, the Special Trustee also opined publicly that no tribe should accept the findings as accurate.

The Pueblo of Laguna's lands, mineral resources, and trust funds are all held in trust by the United States Department of the Interior for the benefit of the Pueblo. The Department of Interior and its BIA have a legal obligation to account for these resources and trust funds. After six years of activity, the Bureau and Arthur Andersen have failed to properly account for the Pueblo's resources and monies. Furthermore, the Secretary of the Interior and the Bureau have indicated that they regard the reconciliation as "finished. D Therefore, it is clear that the only way the true losses and accurate balances to the Pueblo's trust funds will become known is if the Pueblo itself retains accountants to perform an audit. consistent with generally accepted auditing standards There is simply no way the true losses can be known without such an audit.

The Pueblo has determined that it will cost approximately $450,000.00 to hire an independent accounting firm to accomplish this task. The Pueblo is requesting funding in this amount. In addition, the Pueblo of Laguna would like to state its strong disapproval of the Department of Interior's seeming rush to get a Congressional appropriation to settle any deficiencies in the trust fund accounts that it oversees. It is premature for the Department to try to settle with the tribes affected, especially when it is absolutely clear that the "findings" by Arthur Andersen are not even accurate. The Pueblo of Laguna strongly recommends that the Committee defer any attempts by the Department of Interior at this time to get an appropriation 'for settlement purposes.

New Justice, Law Enforcement, Detention and Child Advocacy Center

The current facility that houses the tribal court, police department and detention facility is approximately 30 years old. During the course of its life, the facility has seen its share of problems. However, just over the last several years, the problems have multiplied and have caused grave concerns for both employees and inmates. The problems that have been identified are with the electrical, plumbing and heating systems. The weather has also taken its toll on the entire roof of the facility with severe leakage in various areas of the facility. The detention facility has not only housed local inmates, but has also acted as a regional detention facility providing services to several tribes in the state as well as various other law enforcement entities. The tribal court has handled a wide range of cases that involved local matters as well as handling cases that have involved outside entities and individuals. The tribal probation office has also provided courtesy supervision services for local, state and other tribal probation offices. There has been a serious lack of juvenile services that can be afforded to those juveniles that enter the judicial system. When juvenile offenders are sentenced, there is no other place to house these offenders except in the tribal jail. The jail facilities are not only inadequate but in need of major repairs. Also, the original design of the detention facilities did not take into account that juveniles would 'also be housed there, meaning that the standard requirements for out of sight and sound of the adult inmate population is not in place. Recently, the Pueblo has experienced an increase in criminal activity among the juvenile population resulting in four homicides over an eight month period. There has also been an overall increase in the number of both adult and juvenile incarcerations from 647 in 1995 to well over 1,650 in 1996. This number is expected to increase this year. ·

Just recently, the Pueblo of Laguna and the Department of Justice have entered into a Memorandum of Agreement. Part of this Agreement calls for the Pueblo of Laguna to be considered a pilot project designed to permit the Pueblo to develop culturally sensitive programs for the local community. Emphasis is to be placed on the implementation of programs which will help youth to be productive and law-abiding citizens. It is the Pueblo's plan to include prevention, intervention, detention and rehabilitation of these young offenders. •The program contemplated will also include education, discipline, traditional Pueblo work ethic and the promotion of culturally relevant and · 158 healthy lifestyles. Another aspect of the project is to concentrate on addressing domestic violence and child abuse and neglect issues, and to help the victims of these type of offenses. Some of the funding through DOJ calls for the increase in police manpower, a tribal prosecutor, victim-witness advocate, a detective and various services for the victims.· However, with the expected increase in positions, there is no room to house these individuals. The expected services to be provided will have to be spread out in various facilities throughout the reservation, instead of being housed in one convenient location. A new judicial, law enforcement and detention would resolve this problem. Therefore, the Pueblo is requesting $200,000.00 for the planning and design of a comprehensive judicial, law enforcement, detention and child advocacy facility.

Paraie/New Laguna Irrigation Project

The Pueblo of Laguna irrigation system serves farmlands in and around the six (6) villages on the reservation. This system includes 31 miles of ditches of which 21.5 miles are lined, 9.5 miles are unlined, there are 3 diversion structures, and 6 flumes on the Rio San Jose. A recent survey of this system revealed that approximately 75% of the system was in dire need of repairs or complete replacement. The area that is in the most need is a 2.5 mile section from the Village of Paraje to New Laguna, which will require new concrete lining. The total estimated cost of this project is $1,250,000.00. The Pueblo of Laguna requests an appropriation of this amount through the BI.Ns Irrigation Construction funds for the completion of this project. In addition, the Pueblo requests a line item appropriation of $3,000,000.00 for repair and maintenance of portions of the existing system which are in dire need of repair.

In conclusion, ].\fr. Chairman, I would like to extend my appreciation to you and the other members of the Committee for allowing me to present these concerns and requests for funding for certain projects for the Pueblo of Laguna, and I now stand ready to answer any quest!,ons that you may have regarding my testimony. 159

TliuRsDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESSES WILLIAM WALKS ALONG, NORTHERN CHEYENNE TRIBE REGINALD KILLSNIGHT, SR., NORTHERN CHEYENNE TRIBE Mr. REGULA. Northern Cheyenne Tribal Council. Mr. WALKS ALONG. Mr. Chairman and members of the commit- . tee, I would like to thank you for this opportunity to present testimony on behalf of the Northern· Cheyenne Tribe. My name is Wil- liam Walks Along. I'm president of the Northern Cheyenne Tribe of Montana. Accompanying me is Mr. Reginald Killsnight, tribal council from the Muddy District. I feel fortunate to be able to . be here today to advocate for the interests of our tribal membership at a time when the social, economic, and political issues that . rage around us are fundamental questions that challenge our most basic sensibilities. And on behalf of my people, I call upon the United States Congress to focus on your values that shape politics, which may in turn enhance a growing realization that there is hope in a society suffering through a perceived crisis of leadership. The mass media daily fills our minds . with images of mounting problems and concerns that many Ameri- cans feel are somehow connected. Our first Cheyenne leaders came to the Nation's capital in Octo- ber ·of 1851 to visit the Great White Father in Washington City, and they were shown military forts, the naval yards, the arsenal, and they developed a perspective on the emerging military might of the American Government. It gave them perspective with what they were dealing with. Today my presentation of a few of the substantive .needs of the Northern Cheyenne Tribe reflects my tribe's commitment to perspective based on partnership and a commitment to dialog. As we all know, many crises facing organizations and governments today always come packaged in economic. terms first. But I -, have a vision that we need to reconnect politics to our best values of compassion, community, diversity, hope, and service. I believe that this lies at the core of my initial request for dialog to address some of.-- Mr. REGULA. Okay, now you don't have a lot of time, so you'd better tell us what you need. Mr. WALKS ALONG [continuing]. -The needs of the Northern Chey- .enne. Tribe, and it's a starting point. Mr.. REGULA. Okay. Mr. WALKS ALONG. The first item that we support is $5.5 million to the Tongue River Dam funding, as part of our Northern Chey- enne Indian Reserved Water Rights Settlement Act of 1992. Mr. REGULA. Okay. Mr. WALKS ALONG. Second is the fire protection. We currently don't have a structural fire truck and quick-responder vehicle. Our tribe request $200,000.

40-073 97 - 6 160 The same as other tribes, the juvenile detention facility, we feel it's important to have our children in our community, but a separate facility to separate them apart from adult prisoners, some who have been convicted of sex crimes in our own tribal court. I've been given a figure of projected cost of $3 million. Mr. REGULA. Okay, this is in your testimony, I'm sure. Mr. WALKS ALoNG. That's right. Mr. REGULA. What else do you need? Mr. WALKS ALONG. The third is some funds to complete the construction of our tribal headquarters, estimated at $1.4 million. Mr. REGULA. Okay. Mr. WALKS ALoNG. Fourth is the additional funding for our tribal court. We've instituted a separation of powers which requires additional key staff positions, the figure of $881,000. And No. 5 is an additional $2.6 million for an Indian Health Service health center, which burned last year, and they projected we will be needing an additional 60 positions; also, a need for 15 extra living quarters. But, in summary, I know that there's an overall intent to cut spending in the Bureau of Indian Affairs and the Indian Health Services operations, and I know that there's• a commitment to balance the budget, but ·1 don't think that relieves the Federal Govern- ment from fulfilling treaty and trust responsibilities to .the· Indian nations. I also realize that what I mentioned here is only a portion of the need on the Northern Cheyenne reservation·and other tribes, and I'd just like to call upon your committee to acknowledge the perspective that we come from. We're cognizant of that. We're cognizant of the request for our funding on the part of Clinton's budget and both Houses of Congress, as part of your prioritizing of domestic programs, but in the tradition of many of our tribal leaders that have come here, we just respectfully appeal to your. body to consider some of the funding requests in the Fiscal Year 1998 budget. That's simply all we ask-- Mr. REGULA. We're going to do the best we can. Mr. WALKS ALONG [continuing]. And hope w.e have dialog. Mr. REGULA. Thank you for coming. Mr. WALKS ALoNG. Thank you. [The information follows:] 161

Mr. Chairman, Members of the. Committee, thank you for the opportunity to present testimony on behalf of the Northern Cheyenne Tribe. My name is William Walks Along, President ,of the Northern Cheyenne Tribe of-Montana. Accompanying me is Mr. Reginald Killsnight, Sr., Tribal Council member from the Muddy District. We have come to _the Nation's Capitol in a respectful way to fulfill a portion of our commitments to the members of our Northern Cheyenne Nation. Today I feel fortunate to advocate for the interests of our tribal membership at a ·time when the social, economic, ,and political .issues- that· rage around us are· fundamentai · questions that challenge .our·most basic ~ensibilities. On behalf of the Northern Cheyenne Tribe I cctll upon the United States Congress to focus on your values that shape politics, w_hich may in tum enhance a growing realization that there is hope in a society suffering through a. crisis of leadership, ·at a time when the established institutions charged with · providingJeadership appear to be at their lowest ebb of credibility, confidence and respect. The mass media daily fills our minds with images of mounting problems and growing crises that many Americans sense as somehow connected. The first Cheyenne leaders who.traveled to the Nation's-Capitol came in October of 1851 to visit with the "Great Father'' in Washington City. They were shown military forts, the naval yards, and the arsenal and had an audience with President Millard Filmore. President Filmore. has urged the "wild Indians" to tum fo agriculture and remain at peace with .their neighbors. In a world of contradictions, even at this moment, perspective is a word that best speaks in the midst .of our many crises and conflict. Perspective fundamentally has to do with values - moral values and ethical commitments. It is loss of hope that creates crises and contradictions. Our Cheyenne leaders in 1851 were given a perspective on the military might of the emerging American Government. Today my presentation of a few of the substantive needs of the Northern Cheyenne Tribe reflects my tribe's commitment to a perspective based on partnership, a commitment to a dialogue. As we all know, many crises facing organizations and governments today always come packaged in economic terms-first. Let us together; alo~g with all other Indian Nations, reconnect politics to our best values of compassion, community, diversity, hope and service. This I believe lies at the core of my initial request for dialogue to address some of 162 the needs of the Northern Cheyenne Tribe. It is a very important starting point in the task of political life. The first item the Northern Cheyenne Tribe supports is contained in the FY1998 budget submitted by the Department of Interior (BIA) requesting $5. 5 million to complete modifications to the Tongue River Dam as required by the Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992 (Public Law 102-374). In an amended cooperative agreement between the State of Montana, the Northern Cheyenne Tribe and the Secretary of Interior the schedule of completion of the construction is being extended · from the. 1998 to the year 2000. The FY1998 request will bring the total appropriations for the settlement to $63.4 million: (attachement #1). $41.9 for the Tongue River Dam and $21.5 for the Northern CheyeMe Trust Fund. This truly represents an active partnership between three distinct governments that will enhance the economy and safety of the tribe and our neighbors. The remaining requests for budgetary consideration evolve from the tribe's current financial need to address vital infrastructure on our reservation. While the substantive needs of all Indian tribes are well documented, each tribe must remain persistent in advocating for basic governmental services that sustain our respective reservation communities. The following is a list of urgent needs on our reservation: 1. Fire Prottttion - tru:ough a Bureau of Indian Affairs (BIA) P.L. 638 contract the Northern Cheyenne Tribe operates a fire protection program. Currently, the structural fire truck and the quick responder vehicle are inoperable and are considered outdated. Our communities are without fire protection. Our tribe requests $200,000.00 for the equipment and supplies. (See attachment #2).

2. Juvenile Detention Facility - a critical part of a comprehensive justice system includes a separate juvenile detention facility focused on rehabilitation of juveniles on our reservation. Integrating, juveniles back into our communities is important, yet keeping them apart from adult prisoners, some convicted of sex crimes in tribal court further reinforces the need for a juvenile detention facility. The amount we request is

2 163

$3 million which is based on projected planning, design, and construction costs. (See attachment #3) In addition, operational costs would approach'$750,000.00 per year.

3. F·unds to complete Tribal Headquarters - inflation and the general cost of materials in 1996 and 1997 dollars has had the effect of decreasing the amount of funds to complete the building. The Northern Cheyenne Building Committee estimates that we have an additional need for an estimated $1,467,000.00 (see attachment #4).

4. Tribal Court Funding - the Northern Cheyenne Tribe has amended its constitution and bylaws which requires a separation of powers between the judicial, executive and legislative branches. To adequately implement the restructuring of the judicial system we need to fill peacemaker judges, pro tern tribal and appellate judges; civil, criminal and juvenile clerks, a probation officer, process server, public defender .and guardian ad !items. In addition, we need a larger courthouse to accommodate current and expanded staff The amount requested is approximately $881,000.00. It should be noted that the funding we receive through the Tribe/Agency Priority Allocations provides funding for only four (4) staff positions.

5. Indian Health Service Health Center - the staffing requirements for the new Northern Cheyenne Health Center are based on a Resource Requirements Methodology which indicates a projected need of an additional 60 positions at an estimated cost of $2.6 million (see attachment #5). Additionaly, an increase in government living quarters is projected at 33% of additional staff or 15 units to be required. Since the destruction by fire of the former reservation Health Center tribal members have experienced battlefield conditions. We appreciate Congress' special appropriations last year in addressing the emergency medical situation on the Northern Cheyenne Reservation.

In summary, the Northern Cheyenne Tribe, similar to other Federally recognized tribes, recognizes the overall intent of Congress to significantly -~educe federal spending including 164 overall Bureau of Indian Affairs and Indian Health Service operations of Indian Programs. In addition, we realize a bipartisan commitment to balance the federal budget which from our tribe's perspective does not preclude the federal government from fulfilling its treaty and trust responsibilities to Indian Nations. The impacts of comprehensive changes in IHS, BIA, Welfare Reform, housing, and other federal programs have yet to be realized. This is why the federal, state and tribal governments must commit to a true partnership in meeting the substantive needs of the indigenous population of this great nation. Further, as tribal leaders we are committed to improving the quality of life for our tribal members in the spirit of unity and cooperation to protect the treaty and sovereign rights of our tribal peoples. The requests for add ons to the FYI 998 budget represent only· a portion of the need on the Northern Cheyenne reservation, ·but the requests also represent a starting point for dialogue in addressing critical areas of tribal infrastructure development. My office calls upon the esteemed members of this committee to acknowledge our perspective which is based on what is morally and ethically right, yet also is cognizant of how our specific requests for funding assistance are part of President Clinton's and both houses of Congress comprehensive deliberations in prioritizing domestic programs. In the tradition of the many tribal leaders who have appeared before Congress I respectfully appeal to this body to honorably consider the Northern Cheyenne Tribe's funding requests for· the FY1998 budget.

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TmmsDAY, MARCH 6, 1997. INDIAN PROGRAMS WITNESSES KEN POYNTER, NATIVE AMERICAN FISH AND WILDLIFE SOCIETY ARTHUR "BUTCH" BLAZER, NATIVE AMERICAN FISH AND WILDLIFE SOCIETY Mr. REGULA. Native American Fish and Wildlife Society, Mr. Poynter. Mr. POYNTER. Mr. Chairman, I'd like to thank you and the committee for supporting the Society in the past and providing this opportunity to briefly discuss our efforts at the Native American Fish and Wildlife Society. I have with me today our president, Butch Blazer, who would like to say a few words. Mr. REGULA. Okay. Mr. BLAZER. Thank; you, Mr. Chairman. As a member of the Mes- calero Apache Tribe and president of the Native American Fish and Wildlife Society, we're here today to request funding at $488,000. This is at the same level as our Fiscal Year 1997 request. The Native American Fish and Wildlife Society basically works with our 136 member tribes and other tribes that have not yet become members of our organization to try to fill the unmet need. As you're hearing today from various tribal chairmen that have come before you, there is a tremendous unmet need in the area of managing tribal natural resources. What the Soci_ety is trying to do is to bring in outside resources where tribes don't have to totally rely-- Mr. REGULA. Do you cover the whole United States? Mr. BLAZER. Yes. Mr. REGULA. And where's your central point? Mr. POYNTER. Colorado. Mr. BLAZER. Our national office is in Colorado. Mr. REGULA. So a tribe that's in Minnesota that has some problems in managing their fish and wildlife resources could call upon you to send out experts to help them? Mr. POYNTER. Provide technical assistance, correct- Mr. REGULA. Yes. Mr. POYNTER [continuing]. And training. Mr. BLAZER. For example, we have a Great Lakes region. We have two boards -of directors from the Great Lakes region that they would contact. , Mr.- REGULA. Do they ,pay you an annual fee to be part of this association? _Mr. POYNTER. The tribes don't, no. Mr.·BLAZER. No . . Mr. REGULA: How do you.finance it then? : Mr. POYNTER.· Primarily through the funding· we receive- from the Bureau. Mr. REGULA. So it's· mostly Federal-funds then that operate. All Federal? Mr.. BLAZER. ·could I have Mr. Poynter go ·over a foundation that was recently created? -Mr. REGULA. Okay. 166 Mr. POYNTER. Very briefly, because I know our time is short, we came to Congress a couple of years ago. Our organization is actively working to become self-sufficient and get off the Federal dole. Mr. REGULA. Okay. Mr. POYNTER. We created a foundation. We are currently incorporated in the_ State of Colorado and have an IRS tax-exempt status 501(c)(3), and we're currently recruiting trustees. We have seven Native trustees now, and we're recruiting six, primarily non- Native people, high-profile people. We have people like Ted Turner, et cetera. Mr. REGULA. Right, right. Mr. POYNTER. We're getting that in place this year. Our goal is to raise $10 million, at which time we will get the Federal dole and actually create a ·small grants program and start giving tribes money and resource management. As mentioned in our testimony, we view this organization as an investment by Congress at this time, offering a return in the future vi_a the small grants program. . Mr. REGULA. I assume that some tribes have a lot more-we heard from one in Minnesota that has fishing, a lot of fishing activities. So you have varying degre~s of usage probably? Mr. BLAZER. Right. Mr. POYNTER. Yes. Mr. REGULA. Is the management you provide to assist them in having non-tribal members use their resources or is it pretty much for their own use? Mr. BLAZER. Both. Mr. POYNTER. Both. Mr. REGULA. Does the U.S. Fish and Wildlife Service participate with your group? Mr. BLAZER. That's one of the things that our organization, we 'find ourselves doing more and more, is playing a facilitation role, where we bring other Federal agencies, private industry, help them develop a positive communication with the tribes where, again, the tribes can find ways to meet that unmet need that they have. Mr. REGULA. So you might work with the Fish and Wildlife Serv- ice, U.S. Fish and Wildlife, to help a tribe? Mr. BLAZER. Yes, sir. Mr. REGULA. And you're sort of a catalyst or broker? Mr. BLAZER. Yes, sir. Mr. REGULA. Okay, thank you. That sounds very interesting. Mr. POYNTER. Thank you for your time.· · Mr. REGULA. You don't have a large budget, so you must stretch it pretty well. [Laughter.] · Mr. POYNTER. We do. Mr. BLAZER. We try very hard. Mr. REGULA .. Thank you. Mr. POYNTER. Thank you. Mr. BLAZER. Thank you. [The information follows:] 167

FY97 TESTIMONY before the HOUSE APPROPRIATIONS SUBCOMMITTEE on INTERIOR & RELATED AGENCIES Honorable Ralph A. Regula, Chairman

WITNESSES: Arthur "Butch" Blazer, Mescalero Apache Tribe President, Native American Fish & Wildlife Society; and Ken Poynter, Executive Director, Native American Fish & Wildlife Society.

Mr. Chairman, Distinguished Committee Members, and Fellow Witnesses: My name is Arthur "Butch" Blazer, current President of the Native American Fish & WIidiife Society (Society) and an enrolled member of the Mescalero Apache Tribe. I would like to thank you, on behalf of the Society, for the opportunity to testify before the House Appropriations Subcommittee on Interior and Related Agencies. Our testimony today will be presented by. Ken Poynter, Executive Director of the Society, and enrolled member of the Passamaquoddy Tribe of Maine and me, Butch Blazer. We will be requesting, on behalf of'the- Society, appropriations from the Department of the Interior, Bureau of Indian Affairs (BIA), Wildlife & Parks budget (under Other Recurring Programs) continued funding at the FY97 level of $488,000. -The Society is a national non-profit organization dedicated to the sound management and prudent use of tribal fish and wildlife resources. The organization serves as a network among tribes throughout the country, including Alaska and provides training and technical assistance . to tribes in natural resource planning and enhancement. The Society includes a membership of 136 tribes, which includes 32 Alaskan Native villages and non-profit corporations, 1,200 individuals,- numerous regional Commissions and Native organizations who are supportive of tribal fish and wildlife development and of the Native American Fish & Wildlife Society. All Society members share the common goal of protecting tribal sovereignty in the management and use· of fish and wildlife resources. Due to our effective method of providing technical assistance, periodic trainings and general support to·our members, the Society had an increase of 22 new member tribes to the organization in 1996. This represents a 17% increase.in tribal·memberships in FY 1996 and a 110% increase since. 1995 and attests to the strong tribal support and the positive impact the organization has made in Indian Country. It is noteworthy to mention that because of our large .tribal membership base,- the funding received through the federal appropriations process serves, at a mininuun, 136 separate tribal governments. · To date (in FY 1996), the Society has provided. technical services and assistance to over 133 tribes,· 22 non-profits, 14-states and 11 different federal agencies in the .areas of fish and ,, wildlife· management, education and .environmental protection. Seven regional conferences, including Alaska, .were ·held with associated technical -work group meetings .. including: one national conference;. four summer youth practicums; workshops on natural resource program development; development of.fish·.and game codes, integrated resource management; fisheries; wildlife; wildlife management modeling, mutual gains negotiations, grant writing, ecosystem management, and environmental and conservation law enforcement. In conjunction with these activities, four quarterly newsletters (with a circulation of over 1,200 each), an annual report, promotion publications, informational management brochures and resource funding brochures were distributed nationwide. 168

The Native American Fish & Wildlife Society represents a wealth of experience and information regarding management of fish and wildlife resources on Indian lands. Society members embody a diverse group of lay people, fishery biologists, wildlife biologists, foresters, conservation law enforcement officers, and land use managers 'and planners who currently manage tribal land bases throughout the country including Alaska. The concept of the Society is based on the necessity for an organization to assume a leadership role to maintain the technical proficiency of tribal fish, wildlife and natural resource programs. Because of its organizational structure, the Society is able to efficiently respond to specific ~quests from tribes for technical assistance regarding the development, enhancement and wise use of their natural resources. Members of the Society are involved in technical initiatives sponsored by the Society, as well as development of tribal technical fisheries, wildlife and recreation management initiatives critical to the preservation and protection of tribal resources. In addition, the Society continues to respond to the needs of its members· in the area of technical assistance and program support. The Society has developed an organized structure to assist in documentation of tribal fish and wildlife management efforts from the tribal perspective, and the techniques currently being used ~sfully by tribal governments. Our members have immediate access to technical assistance gleaned from an extensive in-house natural resource library, a computerized data base entitled "Tribal Watershed Forum" (containing information on the number and variety of water related programs that have been initiated nationally on Native lands) and the Technical Services Office which is dedicated to assisting tribal governments and individual members with their technical needs. Collectively, American Indian tribes have a land base of approximately 94,000,000 acres, that includes thousands of miles of streams ·and rivers, and 730,000 lakes and impoundments. The wise use and management of these vast resources will only ensure that they remain intact for many generations to come. And because our work is so important, it is essential that we continue to receive funding so that we can carry on our goal to improve the general welfare of Indian people through charitable, educational, and other fish and wildlife related activities. The Society is currently the only national Native American organization that provides technical assistance to American Indian tribes, federal, state and local governments as wen· as private industry to develop and implement sound policies, ord~s, regulations, and laws to protect, preserve, conserve and prudently use and manage fish, wildlife and other natural resources.· In addition, it supports and conducts natural resource and conservation law enforcement trainings as well as annual educational opportunities for Native American youth. FY96 marked the fourth year that the Society has initiated the most pro-active budget in the organization's 16-year history. Funding has been set aside for each region to identify and conduct trainings and workshops in various aspects of natural resource management. Each region identifies its training needs and the logistics of the ·workshop is coordinated and funded by the Society's national office. Regional conferences feature forums and seminars that share information between tribal entities and programs as well as focusing on current trends in resource management. Such efforts have had a recognizable as well as a positive affect on the tn'bal resource base. Regional and National Youth Practicums are conducted b)! the Society for Indian snrdents who are ·interested in natural resource manageme~ ~rs. Such youth programs are an

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effective and unique method of providing hands on experience and instruction to these promising young people. The intent of these programs is to encourage their pursuit of further education and careers in natural resource management. To attest to the program's value and effectiveness, nine past Practicum students are currently in universities and colleges throughout the country pursuing degrees in natural resource management. As mentioned in both our oral and written testimony of 1995 and 1996, the Society, in recognition of potential future funding cuts and an over-all lack of federal funding for tribal natural resource management, has aggressively moved ·foxward and established the Native American Fish & Wildlife Foundation. It is important to note that our assertion to form this new entity was not mere rhetoric, but a sincere desire .to actively work to become a self sufficient organization. The Society has shown its commitment to this endeavor by conducting grass roots fund raising activities and investing those funds exclusively to the project. To date, approximately $191,000.00 has been raised and utilized to hire a full-time Foundation Coordinator with the remainder being used to establish a permanent endowment. The Foundation has since been incorporated in the state of Colorado and has received IRS tax exempt status from the Internal Revenue Service.- The new entity's Board of Trustees are currently being recruited and selected. Major fund raising activities continue on an on-going basis with an emphasis OD"securing large donations from the private sector (major corporations, foundations and the public at large). With the establishment of the Foundation, and once the 10 million dollars for the permanent endowment has been raised, the Society will no longer require federal funding and will, at the same time, ·be in the position to provide funding to tribes, via a small grants program, for their natural resource management efforts. It is important to note that once this is accomplished, the Society will be the first national Indian organization in the history of this country to become totally self supporting. At this time, and until we reach our goal of self sufficiency, Congress should view the federal funds appropriated to the Society as an investment which will be offering a return in the future via grants to tribal governments for natural resource management from the Foundation. It is critical that the Society continue to receive our current level of funding so that our important work with tribes, states, federal agencies and the private sector is not diminished while we work towards self sufficiency. ·oue to the current level of funding, the organization is in a position to better meet the needs and address the issues facing fish and wildlife management in Indian Country. The Society has been able to increase its outreach efforts (which is evident in the 110% increase of tribal memberships realized since FY 1995), double the size of the annual Native American Environmental Awareness Summer Youth Practicum, more than double the number of trainings conducted in each Region, and provide adequate support for the seven regional conferences including the annual national conference. To reiterate, the Society is requesting a Total of $488,000.00 for FY 1997. The Society is appreciative of the support and funding that we received for FY 1997. Reinstatement of the organizations funding, back to the FY ,1995 level of $488,000.00, by both the House and Senate attests to the strong support and indispensable need for an organization, like the Society, to be working with Indian Country.

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The fact that the current level of funding ($488,000.00) allows the organization to deliver those services and technical assistance to the many individual members and member tribes as requested, the Society is not asking for additional dollars for FY. 1998. Instead, we request that our current level of funding be sustained for FY 1998 so that we may continue to support tribes in the area of natural resource management while we diligently work towards becoming self- sufficient.

In addition, the Society encourages legislation that allows tribes to participate in Federal Aid Funding and including tribes in any proposed future legislation addressing the Federal Aid program.

The Society supports the White Mountain Apache Tribal Wildlife and Outdoor Recreation Program funding request for the following programs: - Conservation Law Enforcement in the amount of $511,000.00; and - Endangered Species Management in the amount of $180,000.00

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1'HuRsDAY, MARCH 6, 1997. INDIAN PROGRAJ.'1:S WITNESS ROBERT NYGAARD, CHIPPEWA/OTIAWA TREATY FISHERY MANAGE- MENT AUTHORITY Mr. REGULA. Chippewa/Ottawa Treaty Fishery Management Au- thority. Are you part of this group that just testified? Mr. NYGAARD. Yes, we're a member. Mr. REGULA. Okay. But you deal directly with your Chippewa/Ot- tawa problems; is that right? Mr. NYGAARD. Right, right. Mr. REGULA. Where are you located? Mr. NYGAARD. Michigan. Mr. REGULA. Okay, do you get non-Natives that use the resources that you manage? Mr. NYGAARD. Yes, it is jointly regulated through the State of · Michigan. Mr. REGULA. Does the State give you some money? Mr. NYGAARD. No, they provide their own-as part of the agreement, they provide officers and-- Mr. REGULA. They help you? Mr. NYGAARD. Yes. Mr. REGULA. And you have to have a State license-an individual has to have a State license to use your facility? Mr. NYGAARD. Yes. Mr. REGULA. Okay. Well, if you'll summarize for us anything else that we should know-- Mr. NYGAARD. Sure. My name is Bob Nygaard, and I'm with the Sioux Ste. Marie Tribe of Chippewa Indians which is a member of the Chippewa/Ottawa Management Authority. Mr. REGULA. Right. Mr. NYGAARD. And, also, we have the Bay Mills .Indian community and the Grand Traverse Band of Ottawa and Chippewa as members. We're in our thirteen year of a 15-year agreement with this consent order of the treaty. It will expire in the year 2000. What we're requesting is the same amount as appropriated in 1996, which-- Mr. REGULA. Do you develop facilities for commercial fishing or is it just sportsfishing? Mr. NYGAARD. It's commercial fishing. We have 125 licensed commercial-- Mr. REGULA. Commercial fisheries? Mr. NYGAARD. Yes. Mr. REGULA. You must be on a pretty good size lake then to support that much activity. Mr. NYGAARD. Oh, yes, we have 17,000 square miles of water. Mr. REGULA. In northern Michigan? Mr. NYGAARD. Yes, in three lakes: Lake Superior, Lake Heron, Lake Michigan. Mr. REGULA. So your tribal members would market fish to the city markets? ·172 Mr. NYGAARD. Oh, yes. Our primary markets are Chicago and Detroit, and the value is about $5 to $7.5 million. Mr. REGULA. Oh, that's very interesting. Okay, is there anything else you want to tell me? Mr. NYGAARD. I just wanted to touch upon the components. Ad- ministration, of course, is for the meetings and for the State and Federal efforts to coordinate the fishery. We also have access site development. The treaty fisheries are-- a lot of the fishermen are trailering their own rigs, and so they're not allowed-they can't go really far into the lakes. So they have to drive to a site, and access is the critical/oint. So we are building sites to incorporate with county, State, an Federal-- Mr. REGULA. These access points are on tribal lands? Mr. NYGAARD. No, they aren't. They're on county, State, Federal parks-- Mr. REGULA. Oh, I see. So your tribal members go off the reservation to do their commercial fishing? Mr. NYGAARD. That's correct. And we also have conservation enforcement. We have to enforce the 17,000 square miles. And then that's done in conjunctfon with .the State of Michigan. Mr.. REGULA. Are there 17,000 square miles in your reservation? Mr. NYGAARD. No, no. We have--we're on the outer peninsula. The Bay Mills is 20 miles west of us, and the Grand Traverse is in lower Michigan. Within that area, the water--· Mr. REGULA. So you use Lake Michigan then, too; is that right? Mr. NYGAARD. That's correct. Mr. REGULA. Okay, all right. Anything else? Mr. NYGAARD. We also have a conservation court, of course, that's necessary. Education-we have a biology component which is necessary to set the quotas, make sure we don't over-fish, and, of course, the environmental component which is-we have molten problem with the foreign species: spinal water fleas and white perch; we have problems- Mr. REGULA. Do you get help from the State on dealing with those problems? Mr. NYGAARD. Well, we sit on joint commissions and boards that address that issue. · Mr. REGULA. Okay. Mr. NYGAARD. Other than that, we'd also like to mention that we also support the InterAmerican Fish and Wildlife Service and their efforts and their proposals. Mr. REGULA. Right. Okay, thank you very much. [The information follows:] . 173

March 1997

Mr. Chairman, Members of the Subcommittee:

My name is Faith McGruther, I am the Executive Director of the Chippewa/Ottawa Treaty Fishery Management Authority (COTFMA). Thank you for allowing me to outline our needs. Let me also take this opportunity to thank you for your support in fiscal year 1997. Tha COTFMA is-the policy-making and regulatory body created and governed by the three Michigan tribes -- the Sault Ste. Marie Tribe of Chippewa Indians, the Bay Mills Indian Community, and the Grand Traverse Band which share treaty fishing rights in the Great Lakes waters under the Treaty of 1836. Mr. Chairman, I would like to submit to the Committee an Overview of the COTFMA and the Treaty Rights Agreement with supporting material ..

The COTFMA is requesting that the Congress appropriate the amount requested by the Department of the Interior for COTFMA responsibilities no less than the amount provided in FY 96 - Sl,915,000. We agree with the Department that this is the minimum amount necessary for COTFMA to carry out its responsibilities for Great Lakes treaty fishery conservation and management, as well as meeting the obligations of the Consent Order entered in 1985 in the treaty right litigation,. US v Michigan. The Order expires in the year 2000.

For the past two years, we have witnessed a direct attack on tribal self-determination and self- govemance. And in the process, Indian management and capacity building funds have been severely reduced. We are willing to shoulder our share of funding shortfalls, but we are not willing to be disproportionately affected. We strongly urge you to maintain Trust, TP A and Self- Governance programs at equitable funding levels.

/ The Order implements an agreement among the United States, the Michigan, the tribes, and a number of user groups. It strikes a delicate balance among those involved and assures protection of the fishery resource. The Order is one of the few successful negotiated resolutions to the implementation of treaty rights. As a result, the State, tribes, tribal f1Shers and sport fishers are able to share use of the resource amicably, with minimal social friction.

The following represents the programs within our organization and·the justification for the level of funding minimally necessary to maintain them

1. ADMINISTRATION

Under the Consent Order the COTFMA is required to undertake a series of responsibilities. These include the maintenance and administration of the Treaty Waters Conservation Building . which houses the administrative and biological programs. 174

The COTFMA is also required to participate in the Tribal/State/Federal Executive Council established pursuant to the Consent Order. The Executive Council, which is chaired by the COTFMA Chairman, provides a forum for resolving U S. v Michigan fishery disputes outside of the Federal Court. Our Executive Council duties are critical and time consuming.

ACCESS SITE DEVELOPMENT COMPONENT

We e~erience continuing problems with providing sufficient access to fishing grounds for our treaty fishers. Strategic access facilities are especially important o the treaty fishery for two primary reasons. First, the Consent Order divides the treaty ceded waters into specific zones, thereby restricting treaty fishing opportunities to fewer areas. Second, unlike other commercial fisheries, the treaty fishery involves a relatively large number of traditional small boat operations that cannot safely travel great distances across the open water to reach the fishing grounds.

The State of Michigan has recognized this problem and has been working with us to resolve it. We have been able, with prior funding, to complete some sites and have on-going work at others. I have provided you with a priority list of sites that we are currently working on. We continue to develop new access sites and upgrade existing ones with permits provided by the State. The work is done in cooperation with state, federal and county governments. This component falls under the supervision of the Administration Program.

2. CONSERVATION ENFORCEMENT

Under the Consent Order, the Conservation Enforcement Program is responsible for patrolling and enforcing COTFMA's part of the Order in over 17,000 square miles of the waters of the Great Lakes. At the same time we acquired this responsibility, the State of Michigan decreased its enforcement activities in tribal waters. Tribal Wardens are responsible for the investigation of all offenses enumerated in the Chippewa/Ottawa Treaty Fishery Management Authority Rules and Regulations and 25 CFR as applicable, and tribal conservation codes.

The responsibility for patrolling the additional restricted areas and refuges established by the Consent Order is extremely burdensome, and is made more so by the fact that there is only one officer at the Michigan Agency of the Bureau of Indian Affairs to assist with enforcement. At . certain times of the year we must provide 24 hour coverage, such as during spawning closures. At these times it is necessary for individuals to work 20 to 30 hours overtime a week. To operate the Conservation Enforcement Program at the minimally necessary level of effectiveness, the current funding amount must be maintained.

3. CONSERVATIONCOURT

Adjudication of all tribal fishing offenses are handled by the Conservation court. Citations are received by the Court from Tribal, State and Bureau of Indian Affairs officers. These are offenses which arise under tribal law and Chippewa/Ottawa Treaty Fishery Management Authority Regulations of all members who are engaged in fishing activity under tribal treaty

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rights. A viable court system is necessmy for adequate management of the treaty fishery and to implement necessmy regulation changes in accordance with the Consent Order. The amount currently provided is necessmy for an effective, efficient court.

4. INFORMATION AND EDUCATION

As I am sure you have learned with your experience with both the Northwest Indian fisheries and the Wisconsin fisheries situations, much can be accomplished if Indian tribes initiate the right kind of public education campaign. As part of the Consent Order, the tribes have agreed to work closely with the state and federal agencies to educate the public about the terms and benefits of the Consent Order.

Unfortunately, limited funding provided has allowed us to do very little. This much needed information is disseminated to our tnbal members and the general public or to counter the adverse publicity generated by large sportfishing gourps. It operates on a bare bones budget under current funding and any cut would severely impair its continuation.

5. BIOLOGICAL SERVICES AND ASSESSMENT

It is obvious that a strong biological program is necessmy for the COTFMA to successfully conserve, regulate and manage the fishery. The Consent Order established a Technical Fisheries Review Committee consisting of tnbal, state, and U.S. Fish & Wildlife biologists who are required to produce an annual treaty fishery report and set harvest quotas. The assessment data produced to monitor the fishery is an important function requiring adequate technical staff and specialized equipment with sufficient operational funds. The State of Michigan has withdrawn much of its fisheries assessment activities from tribal fishing zones, and under the Order, new species must be evaluated.

As active fishery managers in the Great Lakes, the COTFMA is represented by its biologists on the Great Lakes Fishery Commission sponsored Lake and Technical Committees which requires substantial technical committee work.

This is the component of COTFMA operations on which all regulatory and marigement decisions are based. Without continuation of existing funding, the fishery loses its main protection from over-harvest and the Tribes lose their ability to self-regulate while insuring their interest are appropriately represented.

ENVIRONMENTAL SCIENCE COMPONENT

The COTFMA is acutely aware that the future of our treaty fishery depends upon the continued viability of the Upper Great Lakes as a productive habitat for healthy fish. Fisheries • management requires an understanding ofnumerous environmental issues and problems, such as water quality, fish contamination, effects of habitat disturbance and water levels. The environmental program ensures access to developing information on these potentially

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devastating factors, and ensures cooperation with other fishery managers in combating _environmental hazards.

An important ftmction of this component is the representation of the tnbes on various state, federal and international committees with impact on the Upper Great Lakes environment, where each of the other participants already has technical capability in environmental areas. Such operations and committees include, but are not limited to: Habitat Advisory BQ'1'd, EPA Management Plan Committee, Great Lakes Panel of the Non-Indigenous Aquatic Nuisance Species Act, and Zebra Mussel Task Force. It is absolutely necessary to maintain our technical capabilities to perform fish contaminant analyses,

IN CONCLUSION

The COTFMA request for FY98 is to appropriate the amount no less than the funding level provided in FY96. This still leaves the COTFMA relatively under-funded in comparison with similar inter-tribal fisheries agencies. We are willing to accept this amount in order to meet our management responsibilities under the Consent Order, enhance the economic opportunities of the fishery, and protect the environment upon which the fishery depends. If the committee would like more detail we have developed such material and can provide it to you.

We ask you to review this information and recognize that the 1985 Consent Order resolved a complex array of biological, legal, social, and political issues involving Indian and non-Indian interests. We believe it is very important for all that we do not fail. We, therefore, request your assistance in assuring that this does not happen by continuing to support COTFMA at the FY 97 funding level..

The Chippewa/Ottawa Treaty Fishery Management Authority strongly supports the three (3) major FY 98 initiatives of the Great Lakes Region of the Native American Fish & Wildlife Society: 1) Circle of Flight-Model Tribal Wetland & Waterfowl Enhancement Initiative; 2) Great Lakes Region Native American Youth Environmental/Natural Resources Education Practicum; and 3) Minneapolis Area Tribal Conservation Enforcement Training Standards In- Service Training Courses.

Mr. Chairman, on behalf of the three tribes, I would like to thank you for allowing me to include this testimony.

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TmmsDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESSES STANLEY HERRERA, ALAMO-NAVAJO SCHOOL BOARD BURTON APACHE, ALAMO-NAVAJO SCHOOL BOARD Mr. REGULA. The Alamo-Navajo School Board, Marcel Kermans. Mr. HERRERA. Good afternoon, Chairman and committee members. My name is Stanley Herrera, president of the Alamo-Navajo School Board. I will be testifying on behalf of Marcel Kermans, our executive director, who was called home for a family emergency. Mr. REGULA. Okay. Mr. HERRERA. And fve got with me board member Burton Apache, school board members with me, too. The Alamo School Board does more than operating the school. Since our IO-square-mile reservation is isolated on the south- central New Mexico border, away from the big Navajo reservation, the Alamo-Navajo communjty has learned and practiced self-sufficiency on a daily basis. The Navajo Nation Council and the Alam.a chapter, a political subdivision of the Navajo Nation, has authorized the school board to be the central service organization for all education, health, roads maintenance, and community programs serving the 1,800 residents of the Alamo reservation. The Bureau of Indian Affairs, school operations: each year ·congress provides ISEF funding for our instructional program. But we are not able to use the ISEF monies only for instruction. The chronic shortage of our accounts to support school operations force us to use a large amount of ISEF dollars, making up these shortages. For example, student transportation at our school costs us $180,000 annually, and we get reimbursed for only $136,000. Mr. REGULA. Yes, we've looked at your testimony. Let me just ask you some questions. Your school is apparently isolated; is that correct? Mr. HERRERA. Yes. Mr. REGULA. Is this 12 grades? Mr. HERRERA. Yes, from K through 12. Mr. REGULA. And you have to transport over some distance, I assume-to get the students to the school? Mr. HERRERA. Yes. Mr. REGULA. And do any of them live in residential areas or do they all commute by bus? Mr. HERRERA. They all commute by bus. Mr. REGULA. So they're all close enough that they can stay in their homes, in their residences? Mr. HERRERA. Yes, in their homes. Mr. REGULA. Yes. And you need assistance, I notice in your testimony, for transportation and administrative costs, health services- Mr. HERRERA. Yes and facilities management and especially on the other schedule, the last part, on this BIA fire protection. Three 178 years ago, a lot of media attention was focused on the lack of fire protection on BIA schools of the Navajo reservation. They did some studies and we were very poor on that, on our fire protection. We just have an old-- Mr. REGULA. Are your people scattered some distances? Mr. HERRERA. Yes. Yes, they're scattered. Mr. REGULA. What do most of them do for their livelihood? Do they farm or do they work in the local communities? Mr. HERRERA. Yes, like the school board is mostly the main employee of about 150, and there's some areas_ that-some commute to Albuquerque; some commute to Sequoria that work, but they live off the reservation, but during the weekends they come back. Mr. REGULA. So they go off the reservation and work in the communities and then they come back to the reservation over the weekends? Mr. HERRERA. Yes, very few of them, yes. Mr. REGULA. Okay, well, we understand-- Mr. HERRERA. Like on this one, Alamo still has a 25-year-old truck I was talking about-- Mr. REGULA. Yes. Mr. HERRERA [continuing]. That only has 500 gallons of water, and this is in poor shape. Our reservation is the size of the District of Columbia, and with one vehicle to protect the $25 million of Fed- eral facilities, and we have to protect about 1,800 homes, and with this poor fire truck we can't do nothing. Mr. REGULA. Okay, well, thank you for coming. We understand the problem. Mr. HERRERA. I'd just like to thank you, the committees. We appreciate testifying. Mr. REGULA. Thank you. Mr. HERRERA. Yes. [The information follows:] 179

Business Office 605-854-2643 Alamo Navajo School Board, Inc. Community School P.O.BOX907 MAGDALENA, NEW MEXIC087825 605-854-26.'35 Headstart Program 606-864-2694

Facilities Dept. 605-854-2640

Health Services 605-854-2626

TESTIMONY OF Community Services STANLEY HERRERA, PRESIDENT 505-864-2688 ALAMO-NAVAJO SCHOOL BOARD Alcoholism Program ALAMO, NEW MEXICO 505-854-2610 HOUSEINTERIORAPPROPRIATIONSSUBCOMMITl'EE regarding BIA Education Budget and IHS Budget,.FY98 March 6, 1997

Mr. Chairman:

I am Stanley Herrera, President of the Alamo-Navajo School Board. With me today is Burton Apache, a Member of the School Board. We offer testimony on the School Operations budget submitted by the Bureau of Indian Affairs, and on certain aspects of the FY98 Indian Health Service budget.

First, let me point out that the Alamo School Board does more than operate a school Since our 10-square mile reservation is in an isolated area of south/central New Manco far away from the "big" Navajo Reservation, the Alamo- Navajo Community has bad to learn and practice self-sufficiency on a daily basis. Through the authorization of the Navajo Nation Council and the Alamo Chapter (a political subdivision of the Navajo Nation), the School Board has become the central service organization for all education, health, roadil maintenance and community programs serving the 1,800 residents of the Alamo reservation.

BqREAP QF INDIAN AFFAIRS - SCHOOL OPERATIONS

Each year Congress provides us with funds under the Indian School Equalization Formula (ISEF) to pay the costs of our instructional program. But you should know that we are not able to devote these ISEF monies solely to our instruction needs. The chronic shortages in the other accounts that must support our school operations force us to use our precious ISEF dollars to make up those shortages. For aample:

• Our student transportation (daily round-trip to/from homes) costs $180,000 annually. We are reimbursed for _only $136,600, or only 70% of the costs. Thus, we have to make up the $43,400 difference from our ISEF instructional funds. 180

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GSA will increase the bus lease rates next year, but there is no additional funding in the budget request to cover these costs. Thus, the percentage of our transportation costs for leasing ,will increase from 40% of our budget to perhaps 60%. -But we cannot pay lower wages than we already pay our bus drivers. Thus, this additional shortfall will take even more of our ISEF dollars.

• The facilities-operation & maintenance funding has never been able to meet the Congressionally-ordered formula. Currently, we are falling 34% short of the formula, and this shortage will be even greater under the proposed FY98 budget. The BIA acknowledged that over 750;000 square feet of facilities space were added to the system, but they do not request the additional $3 million needed to cover this. Thus, all schools will suffer an even greater reduction in the funds provided for facilities maintenance.

What does this ·mean for Alamo? Since we have to pay in full our utility -costs, must perform preventive maintenance and cover emergency repairs, we have ·· little money left for custodial expenses. What does this mean for the federal facilities we operate? They will deteriorate at a far faster rate.

, Where do we look to make up the shortage? ISEF, again.

• When the Administrative Cost Grant funding is not enough to pay all· schools at the rate required by law, we institute severe cost reduction efforts. But there_is a level below which we cannot drop without compro~ing sounq, management principles. When this happens, we again inust make up the shortage with ISEF dollars.

We fear there could be a significant shortage in the AC. Grant request for FY98; as some 12 schools currently operated by BIA will be converted to tribal operation. This makes these schools eligible for AC Grant funds. We know BIA has not asked for enough additional funds -to cove!' these conversions. This means all schools will suffer sizable re

BIA - FIRE PROTECTION Three years ago, a lot of medi~ attention was focused on the lack of fire protection at BIA-funded schools on the Navajo Reservation. Immediately afterward, the then Director of the Office of Indian Education Programs authorized schools to use facilities operation & maintenance funds for fire services. We have received some minor equipment (such as fire suits) and some training for volunteer - firemen. But we received no additional funding for fire services and no really significant improvements in fire protection since then. 181

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AB a result Alamo still has only one fire truck - a 25-year-old vehicle that carries 500 gallons of water. This is the~ fire fighting capability we have on a reservation that is the size of the District of Columbia. With this one vehicle, we have to protect $25 million offederal facilities and the homes· of 1,800 reservation residents. ·

INDIAN HEALTH SERVICE

We could spend hours reciting various funding problems with the IHS clinic the School Board operates, but we will focus on only one of them here: environmental health systems such as water, sewer and solid waste disposal.

IHS funds new environmental health systems development on a limited basis for new federal facilities (such as our recently-expanded clinic) and tribal housing programs. But, when completed, IHS turns the utility systems over to the local tribal governmental authority and provides neither upkeep nor replacement costs.

In a number of New Mexico tribal settings, the existing environmental health infrastructures are old, inadequate and badly deteriorated. Some provision must be made for replacement and maintenance, as we do not have the funding base at the local level to support this needed activity. ·

I wish I could close on a hopeful note, but I cannot. The recent Welfare Reform Law will put additional pressure on our existing inadequate health, education, and community programs and facilities. Many Indian people who now live off- reservation will be forced to return to their reservations when they are cut off from the social support programs previously funded by federal program dollars. When this happens, how will we be able to manage this added responsibility? 182

TliuRsDAY, MARCH 6, 1997. INDIAN HEALTH SERVICE WITNESSES ANNE WALKER, ALASKA NATIVE HEALTH BOARD LINCOLN BEAN, ALASKA NATIVE HEALTH BOARD Mr. REGULA. Alaska Native Health Board. Ms. WALKER. Thank you, Chairman Regula. My name is Anne ·Walker. I'm.the executive director for Alaska Native Health Board. Accompanying me is-Chairman Lincoln Bean of the Alaska Native Health Board. He's also chairman of the Southeast Alaska Regional Health Consortium. Mr. REGULA. Is this for the whole State? Ms. WALKER. Alaska Native Health Board is for-- Mr. REGULA. So you're in Juneau, I presume? Ms. WALKER. Anchorage. Mr. REGULA. Oh, Anchorage. And you're responsible for the State? Ms. WALKER. State health programs. Mr. REGULA. And you-interface with the Indian Health Services? Ms. WALKER. Yes. We're in the process right now of implementing or actually getting ready for negotiations for our fourth year of the Alaska Tribal Health Compact, in which about 200 tribes participate in Alaska. Mr. REGULA. So that the 200 tribes look to you for leadership- Ms. WALKER. In the area of health care. Mr. REGULA [continuing]"' In health care resources? Do you manage the facilities or do you just give them technical assistance? Ms. WALKER. We manage, all the board ·members .and their health directors manage, all of the facilities with· the ·exception of the Alaska Native Medical Center, which is the purpose of my testimony here today. Mr. REGULA. Okay, do you want to summarize it for us? Ms. WALKER. Yes. We've been coming before this committee for the past, I believe it's been, five years now .requesting appropriations for. the construction of this facility. On June 2, Indian Health Service will see its .first patient in the. facility. I've recently toured it. It's the state-of.:-the-art facility in the Nation. . Mr. REGULA~- Where's this located? Ms. WALKER. 'It's located in Anchorage. Mr. REGULA. And so anyone that. uses.it has to come in by bus or by plane, probably plane. · Ms. WALKER. There are no roads. So it's by plane. Mr. REGULA. No roads, all by plane? ;M:s. WALKER. And we can triage from the smallest village. into Anchorage. We're· very proud of our system. We utilize community health aides. that are not licensed by the State of Alaska. The issue that I have is.that this administration.has reduced our second year operations funding -increase to manage the hospital from $11.3 million to $6.5 million. The direct impacts on that are going to be a restriction in the planned· use of our dental facilities, including field services, a 50 percent reduction in our medical and computer equipment. We're not going to be able to implement a 183 tele-radiology program that is a major part of our ability to see whether patients should be triaged into Anchorage. Mr. REGULA. So what you're saying is that out in the clinics, maybe at 100 or so of these clinics, they will have television connections with the main central point in Anchorage, and they can discuss whether or not this patient should be brought to Anchor- age; is that correct? Ms. WALKER. Actually, what tele-radiology is, it's over the phone modems where you can run an x-ray through a fax machine---- Mr. REGULA. Okay. Ms. WALKER [continuing]. And then be read in Anchorage to see whether that patient needs to be flown into Anchorage. Mr. REGULA. So you're connected to all of the clinics? Ms. WALKER. Yes--well, that's our plan. We aren't yet. Mr. REGULA. But you're working on that? Ms. WALKER. Yes. We currently have a demonstration tele-radiology project- Mr. REGULA. It seems to me. that would be effective and maybe you can expand it to other areas of medical needs. Ms. WALKER. Absolutely. We have a grant with the Natiol)al Li- brary of Medicine for a telemedicine demonstration project to hook- in-- Mr. REGULA. That's very interesting. Ms. WALKER [continuing]. To four of our major hospitals and 20 village clinics to do such a thing, because we believe we can deliver health care services more cost-effectively using telemedicine and today's technology and reducing our need for patient travel, which was our biggest issue. Mr. REGULA. What do you have, a pair of medics in these clinics? Ms. WALKER. We have community health aides. They're non-licensed paraprofessionals, and they are the first contact, the first primary care service provider. Mr. REGULA. So the only way they get to a physician would be at Anchorage. Ms. WALKER. No, they are triaged from surrounding villages to a regional hospital, which is more like a primary care facility. Mr. REGULA. How many regional facilites do you have? Ms. WALKER. We have seven; we have five hospitals. Mr. REGULA. So there's a two-step process? Ms. WALKER. Yes. Mr. REGULA. Clinic? Ms. WALKER. Hospital, primary care facility-- Mr. REGULA. Primary care, and then the medical center. Ms. WALKER. And then the medical center. Mr. REGULA. Okay. Ms. WALKER. And we believe that with this medical center our true goal of being able to run high-quality cost-efficient health services will come to fruition. Mr. REGULA. So what you need is help on the medical center? Ms. WALKER. Yes, the second year funding increase to get us going. Mr. REGULA. Yes. 184 Ms. WALKER. Because we're just going to see our first patient this year, and for some reason we're not understanding why the administration's not requesting that. Mr. REGULA. I'm not, either. Ms. WALKER. Because I believe that we can come to you and say we have done this; this is cost-effective:--- Mr. REGULA. You've done your part. It's up to us to do ours. Ms. WALKER. Yes, absolutely. Mr. REGULA. That's what you're telling me? Ms. WALKER. Right. Mr. REGULA. Okay. Ms. WALKER. The other issue is sanitation, water, and sewer. You know, we continually to come before you. We're very happy that Congress is working with the States on making sure that there's a join~ effort. Several years ago, we brought to the attention of Congress that it took 27 regulating agencies, Federal and State, for a single village in Alaska to get permits to build a water and sewer facility. So most of the money was used up trying to get-- Mr. REGULA. Bureaucracy, we're trying to get rid of some of that. Ms. WALKER. Yes, jumping through hoops in order to qualify to build a facility. Mr. REGULA. Are these Federal hoops or State hoops? Ms. WALKER. Both. And so we asked a Federal and State joint field operations committee to come together to lessen the bureaucracy. Mr. REGULA. Good for you. We'll try to help. Ms. WALKER. Okay. Mr. REGULA. Thank you for coming. [The information follows:] 185

Testimony of Anne Walker to the Subcommittee on Interior and Related Agencies House Appropriations Committee: FY1998 Budget for the Indian Health Service March 6, 1997

Chairman Regula and members of the committee:

My name is Anne Walker. I am the Executive Director of the Alaska Native Health Board, which represents all of the Alaska Native tribes and tribal health organizations providing health services through the Alaska Tribal Health Compact with the Indian Health Service. Since 1968 the Alaska Native Health Board has worked collaboratively with the Alaska Area Native Health Service to advocate for and develop programs to improve health services and elevate the health status of Alaska's 100,000 Native residents.

I appreciate the opportunity to present testimony before you today concerning the development of the FY1998 budget for the Indian Health Service. My testimony will address both issues that the Alaska Native Health Board shares in common with tribes and tribal health organizations throughout the United States, as well as issues of specific concern to the Alaska Area. There are several overall recommendations I would like to offer with respect to the status of the Indian Health Service and its relations with tribes in providing health care services.

PERMANENT SELF-GOVERNANCE LEGISLATION: The Alaska Native Health Board urges Congress to enact legislation to make the self-governance relationship between the Indian Health Service and tribal governments a permanent one. The current IHS Self-Governance Demopstration Project does not include all tribes and has a ten-year authorized period. Alaska's experience with self-governance in health services management has proven effective and should be permanently authorized.

ASSISTANT SECRETARY FOR IND/AN HEALTH: The position of Director of the Indian Health Service should be elevated within the Department of Health and Human Services to the level of Assistant Secretary for Indian Health. This would match the corresponding level of authority provided to the Assistant Secretary for Indian Affairs in the Department of Interior, and ensure that Indian health concerns are given appropriate consideration within the Department.

IMPACTS OF MEDICAID AND MEDICARE REFORM: As the Congress proceeds with developing the budget for the Indian Health Service, attention must be paid to the potential effects of the simultaneous process of reform of the nation's Medicaid and Medicare systems currently underway. These health care benefit plans play a significant role in fmancing health care for a large percentage of the American Indian and Alaska Natives served by the Indian Health Service. We urge the Congress to sustain the Medicaid reform provisions °for Indian beneficiaries developed during the last legislative session. · 186

Anne Walker/Alaska Native Health Board testimony on the FY1998 IHS Budget: Page Two

PROHIBITION ON MEANS TESTING/CHARGING FOR IHS BENEFICIARIES: On behalf of our member health service organizations, the Alaska Native Health Board urges the Congress to reinstate appropriations language which prohibits the Indian Health Service from establishing means-testing of IHS beneficiaries, or charging any fee for any IHS program or service provided for beneficiaries. This language was appropriately included in appropriations legislation for many years until 1996, and should be re-instated in this year's bill.

FUNDING FOR MANDATORY PAY INCREASES AND INFLATION: For the past two years the Indian Health Service has had to absorb the costs of Congressionally- mandated Pay Act increases for Federal employees. Pay Act requirements for FY1998 are estimated at $32 million; additional appropriations should be provided to ensure that these costs do not result in decreased funding for health care services to beneficiaries. At the same time medical care cost inflation is projected at 5.1 % while general inflation is projected at 2.2% for FY1998; an additional $71 million should be appropriated to ensure that these impacts do not result in decreased patient care next year. In the Alaska Area alone these two factors have a cumulative impact of nearly $10 million each year.

MEETING UNFUNDED TRIBAL CONTRACT SUPPORT COSTS: Despite the commitment to self-determination and self-governance made by the administration and the Congress, tribal manageme,t of IHS programs has been restrained by insufficient appropriations for. contract support costs. The National Indian Health Board estimates the unmet need for contract support for existing contracts at $15 million, and the projected need for new contracts at $60 million. The Alaska Native Health Board urges Congress to provide sufficient appropriations in the FY1998 budget to ensure that tribes can adequately manage programs assumed from the Indian Health Service under P.L. ~3-638 Title I or Title III.

MEETING THE NEEDS FOR CONTRACT HEALTH S,ERVICES: All Indian Health Service and tribal health programs rely heavily on the Contract Health Services appropriation to finance essential health care services which can only be offered through referrals to private sector health providers. The agency has documented a serious backlog of on-funded diagnostic services, surgeries, and rehabilitative care. We urge a recurring increase of $~0 million for Contract Health Services to accommodate the continuing demand for such services nationally. 187

Anne Walker/Alaska Native Health Board testimony on the FY1998 IRS Badget Page Three

MA.KING THE NEW .4LASKA NATIVE MEDICAL CENTER FULLY- FUNCTIONAL: On Jane 2, 1997 the Indlaa Health Service will admit the flnt padent to the new Alaska Native Medical Center ia Anchonge. I had the opportunity to visit the new building earlier this week, and can verify that It is among the finest health care fadlitles anywhere ia the country. We wish to emnd to au memben of Congress oar for providing the financing for this cridcally-needed hospital, which will be able to meet many of the needs In oar area for years to come.

Our concern today is to ensure that the faU capacity of this new facility may be realized u planned over the past ten yean. Spedflcally, we have been informed that the administradon has reduced the allocadon for the second year operadons funding increase from the planned level ofS11.3 million to 56.5 million.

We have uked the hospital admlailtradon to evaluate the impact of the loss of nearly SS million from the projected funding for FY1998. Such a reducdon will have a significant impact on the services planned for the new facility iacladiag (a) restricdon of planned use of dental operatories and limited field dental services, (b) restricted allowances for padent travel support necessary for village padents to access the facility, (c) a SO% redacdoa In planned medical and computer equipmeat replacement and upgrades, (d) delay In implemendag several building modifications that have become required, (e) caaceUadon of plans to implement teleradiology support to other nral hospitals in Aluka, and (f) delay/caaceUadon of plans for ANMC to upgrade from a Level I to.. a Level D Trauma Center. ne Aluka Nadve Health Board urges·Congress to appropriate the fall level of $11.3 million for the second year operadons enhancement package for the new Alaska Native Medical Center.

WATER AND SANITATION FA.ClLITIES: The Alaska Native Health Board hu consistently ranked the need for water and sanitation projects In the villages of rural Alaska u its highest legislative priority. A recent survey by the Environmental Protecdon Agency verified that Alaska Native viUages have an unmet need for safe drinking water facilides alone of S772 million. The Indlaa Health Service estimatel the need for aU water, wastewater, and soUd wute faciUdes in rural Alaska at over S1 bUUon. A sustained commitment by maldple federal agencies and the State of Alaska to obligate at least 560 million per year II needed to address the wont situadons over a ten year period. To tbis end It ii esseadal that the nadonal lndiu Health Service Sanltadon Facllltles be nstained at the S90 million level ia FY1998 (the Alaska Area's annual share II appro:dmately S20 milllon). 188

Anne Walker/Alaska Native Health Board-testimony on the FY1998 IHS Budget Page Four

HEALTH PROGRAM ENHANCEMENT: In 1994 Alaska Native tribal leaders in a statewide health planning forum identified their three highest priority areas for budget enhancement for Indian Health Service resources. This is the third year we have brought these priorities to IHS and the Congress for consideration:

(a).$15 million for behavioral health services: The Joint Federal/State Commission on the Status of Alaska Natives recommended in 1995 that additional resources be provided to individual tribes to empower them to address the serious challenges they face in the areas of substance-abuse, mental health conditions, domestic violence and .child·abuse. A major initiative is needed in Alaska to provide for community-based prevention programs and aftercare support for individuals who successfully complete treatment programs. At present only 20% of Alaska Native communities have on-site behavioral health counselors. This initiative would extend such services to all of the 200 rural villages in Alaska.

(b) $5 million for patient travel support: A 1990 study showed that the average cost of providing physician care to the over 60,000 Alaska Natives living in isolated rural communities is nearly double the average cost per patient, primarily due to the high cost of air travel necessary for patients to access regional hospitals and health centers. Budget restraints mean that many patients defer preventive health care and diagnostic services because they can't afford an airplane ticket and-hotel expenses. Such delays often result in more expensive remedial treatment or, more tragically, premature loss of life. A recurring increase of $5 million would ensure that such sjtuations would be significantly reduced.

(c) $3 million for cancer prevention: Indian Health Service statistics.reveal that Alaska Natives are suffering the most dramatic increase in certain cancers of any area in the nation. For Alaska Native women lung cancer is now the number one cause of death. A special initiative supporting increased cancer surveillance, early intervention, and ·health promotion is essential to reverse these trends. The Alaska Area Office, in partnership with tribal health organizations, is prepared to undertake such an initiative with your financial support.

RURAL ALASKA HEALTH FACILITIES: The national IHS priority list for new health facilities that are ready for construction totals over $130 million. Alaska has three facilities on this long-standing list which require your support: (a) St. Paul Health Center replacement ($2.1 million), Metlakatla Health Center ($2.4 million), and Bethel Hospital staffquarters ($4.2 million). ·

In closing I want to acknowledge the strong support provided to the Alaska Are·a by IHS Director Dr. Michael Trujillo, as well as the twenty-five years of leadership provided by our recently-retired Area Director Gerald H. Ivey. Thank you. 189 Mr. REGULA. The committee will stand in recess until 1:30.

THURSDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESSES WALLACE TSOSIE, GREASEWOOD SPRINGS COMMUNITY SCHOOL, INC. RONALD GISHEY, GREASEWOOD SPRINGS COMMUNITY SCHOOL, INC. Mr. REGULA."We'll reconvene the committee. Greasewood Springs Community School. For those who might not have been here before, your statements will all be made a part of the record. We'll appreciate it if you'll summarize. You each have five minutes. Mr. TSOSIE. Thank you, Mr. Chairman, members of the subcommittee. My name is Wallace Tsosie. With me is Ronald Gishey, the board of directors' president. I'm the vice president for the board of directors. Mr. Chairman, we are here on behalf of Greasewood requesting additional funding for a gymnasium which has already been slated with $3.14 million in this year's Fiscal Year budget. The additional request that we're requesting is in the amount of $206,000 to cover the cost that was incurred when the BIA did a demolition. The gymnasium that we're talking about is going to be sitting where a dormitory used to sit, and that dormitory has been demolished, and it cost us a lot of money. In fact, it cost us $356,000, and that amount is going to be taken out of the $3.14 million. So that will bring the amount down to very-to the point where we would not have enough to cover the total cost of the gym. Greasewood is a grant school under Public Law 102-97. We recently became a grant in July 1996. Mr. REGULA. Where is it located? Mr. TSOSIE. Greasewood is located about 110 miles northeast of Flagstaff, Arizona on the Navajo reservation. Mr. REGULA. Is this a 12-year, kindergarten-- Mr. TSOSIE. It's a K-to-8 school. Mr. REGULA. K to 8? Mr. TSOSIE. Yes. Mr. REGULA. Okay. Mr. TSOSIE. So the other thing that we want to include in our request is $125,600 to cover the design that we want that BIA has determined that we do not need on certain elements, like a pitched roof, but this is very much needed in our area because of the climate. Also, we requested for a wooden floor rather than a tile floor. We also requested to include-in the surroundings, we want to pave the parking lot, and also we want to do some landscaping. So additional requests will cover that much. Mr. Chairman, we are requesting for $231,600 to be added to this $3.14 million that's already in the budget at this time. 190

Mr. REGULA. Okay. Well, we'll take this under consideration and put your statement in the record. Mr. TSOSIE. Okay. Mr. REGULA. Thank you for coming. [The information follows:] 191

Greasewood Springs Community School, Inc. Navajo Highway IS, Ganado, AZ., 86505-0025 Ph: 520.654.3331 Fax: 520.654.3384

Testimony of WALLACE TSOSIE, VICE PRESIDENT GREASEWOOD SPRINGS COMMUNITY SCHOOL, INC. Navajo Nation, Ganado, Arizona

Submitted to

HOUSE INTERIOR APPROPRIATIONS SUBCOMMITTEE

FISCAL YEAR 1998 BUREAU OF INDIAN AFFAIRS BUDGET

March 6, 1997

The Greasewood Springs Community School, Inc. is located on the Navajo reservation in the community of Lower Greasewood, which is approximately 70 miles west of Gallup, New Mexico, and 110 miles northeast of Flagstaff, Arizona. Our school serves the educational needs of over 390 students, in grades Kindergarten through eighth. Since July 1, 1996, the School has been operated by a local Board of Directors through a Grant from the Bureau of Indian Affairs pursuant to the Tribally Controlled Schools Act, P.L. 100-297. The Greasewood School currently faces two serious problems: the need for a safe gymnasium facility, and the lack of an adequate health care facility.

A Gymnasium is Badly Needed by the School

The Bureau of Indian Affairs has requested $3.14 million in FY 1998 for construction of a gymnasium facility for the Greasewood School, as an education Facility Improvement and Repair Project. We respectfully ask this Subcommittee to approve funding for this project, but would ask you to make two additions to it:

• $206,000 for unexpected demolition costs. When the original budget estimate was calculated several years ago, the BIA estimated that the cost to remove an existing structure on the site would be $150,000. Now that the demolition is complete, the BIA has informed us that the actual cost was $356,000, due to the discovery of significant asbestos in the previous structure, and that we must reimburse BIA for this amount once construction funds are appropriated. Since the $3.14 million request does not include this additional cost, we respectfully ask that this Subcommittee approve an additional $206,000 for our gymnasium.

40-073 97 - 7 192

• $125,600 for basic design elements not provided for in the current construction budget, including: a pitched roof for the gymnasium (lasts longer in our climate); hardwood gymnasium floor (standard in all gymnasiums); asphalt paving (to reduce dust and mud); and landscaping. These items will greatly improve the quality of the gymnasium, for a modest additional cost.

In sum we request a total of $3.47 million to allow for the construction of quality gymnasium that will last for many years. We also ask this Subcommittee to approve the other projects contained within the President's request of $32,139,000 for Facility Improvement and Repair Projects.

This gymnasium facility is desperately needed by our School, and was promised to the School over ten years ago. In 1985, declining enrollments lead the Bureau of Indian Affairs to seek consolidation of Toyei and Greasewood Schools, both located in communities southwest of Ganado on the reservation of the Navajo Nation. To induce Greasewood to consent to this consolidation, the Central Office of the Office of Indian Education Programs agreed in 1985 that a new gymnasium would be constructed at the Greasewood School once the consolidation was completed, since the existing facility had no gym and the space used for physical education was inadequate. The communities consented, and the consolidation occurred with the consolidated facility called Greasewood Springs Community School. Over ten years have passed since Toyei and Greasewood were consolidated, yet a new gymnasium has still not been constructed.

The space currently used for physical education was not built as a gymnasium; it had to be modified to provide some space for physical education training to be held. According to a recent evaluation by the BIA's Navajo Area Engineering Office, this physical education space is undersized by 5988 square feet, representing a 110 percent deficiency for a student body the size of Greasewood. The space used for physical education is situated in the center of the school building and is surrounded by classrooms. This configuration hinders instruction, as the noise and flow of student traffic associated with gym classes often interrupts classroom instruction.

Further, there is not adequate outdoor space adjacent to the current facility for student athletic activities or parking. In fact, the outdoor space around the current facility is hazardous to the safety of the students because of its close proximity to several major access roads. Thus, the need for safe outdoor athletic space and adequate parking for sporting events is particularly acute.

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At present, the gymnasium project is being handled by the Navajo Nation Design and Engineering Service (NDES) through a P.L. 93-638 contract with the BIA's Facilities Management and Construction Center (FMCC). NDES has completed the planning phase ·of the project; the design phase is nearing completion and should be concluded within a few months. The local Board of Directors is in the process of assuming control over this project from NDES. Once this transfer has been accomplished, the Board of Directors will complete any remaining design work, and then oversee actual construction of the gymnasium. If the necessary construction phase funding is provided by Congress, actual construction of the gymnasium should take less than a year.

The Board of Directors hopes that a new gymnasium for the Greasewood School will finally be constructed in Fiscal Year 1998. The planned gymnasium will be approximately 13,500 square feet, which is consistent with BIA space guidelines for a school of this size.

We respectfully ask this Subcommittee to provide $3.47 million for completion of the Greasewood gymnasium. This facility is desperately needed by the School. Providing this funding would keep a promise made to the Greasewood School over ten years ago, and ensure that the students of Greasewood have a safe facility suitable for their physical education needs. Please do not make us wait any longer.

A Health Clinic is Needed for Greasewood School

We also would like to alert the Members of this Subcommittee to the inadequate level of health care available to the Greasewood community. Despite an estimated service population of over 3,000 people, the only health facility in our community is a small clinic located on the campus of the Greasewood School, which is only staffed by a doctor one day a week. This level of service is totally inadequate for the medical needs of the Greasewood community.

The Greasewood Clinic is currently operated by Sage Memorial Hospital, a contract care provider, but the Hospital has proposed to eliminate this clinic program. The next closest health facility, Sage Memorial Hospital, is over 40 miles away, and t_he nearest IHS facility is over 80 miles away.

The Board of Directors is in the process of developing a plan to improve the existing clinic, po·ssible through a Self- Determination Act contract with the IHS, or a joint services arrangement with Sage Memorial Hospital. Once an adequate plan is

- 3 - / 194 developed, the Board of Directors will return to this Subcommittee with a request for earmarked funds in the IHS budget for a properly staffed health clinic for our community. Thank you.

Conclusion

We appreciate this opportunity to present the needs of our School to the Members of the Subcommittee. We strongly urge you to take the steps necessary to provide adequate construction funding for a gymnasium for our school, and to be alert to the health care needs of our community. Thank you.

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Tl!uRsDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESS ROBERT THOMAS, NARRAGANSETT INDIAN TRIBE Mr. REGULA. The Narragansett Indian Tribe, Randy Noka, first councilman. Mr. THOMAS. Good afternoon. Mr. Chairman and members of the subcommittee, my name is Robert Thomas. I'm a council member of the Narragansett Tribe which is located in Rhode Island. I served on the council for 12 years and I've had an opportunity to see the tribe blossom with regards to all the achievements since its Federal recognition in 1983. For six years, we have been coming here before the committee as far as what we'd like to see as far as having a health clinic open on our reservation. We realized a goal less than four months ago; we dedicated our facility. Mr. Chairman, our needs for 1998 are very simple. We need a million dollars to operate _and staff with equipment the clinic that we have. Our IHS funding has not increased since 1994. We also ask Congress to fund IHS for medical and also mandatory pay increases. For 12 years we've had no clinic. We've had to refer our-- Mr. REGULA. So you have your clinic now? It's open? Mr. THOMAS. Yes, we do. Mr. REGULA. And you're just asking for money for staff? Mr. THOMAS. Absolutely, and for equipment that's needed, and any shortfalls that come about in regards to health-- Mr. REGULA. In other words, the clinic is not fully operational in terms of equipment; is that correct? Mr. THOMAS. Right; correct. Again, in 1996 our contract health referral services alone cost $700,000. That is 60 percent of our program is budget. We worked for years to obtain private funds to build a clinic. We received 90 percent guarantee loan with the BIA, and with that it helped us with the local bank to help the clinic into construction. Soon we'll be opening the doors for our out-patient health facility. Right now we have a primary health clinic, community health program, behavioral health, and family services, and administrative services. We're $1 million short of what we need. Our existing budget will allow us only to fill 17 of the 27 positions there, leaving 30 percent of our staffing needs unmet. We felt we could count on the IHS to help us out, but as we learned when we met with Dr. Trujillo in February, there is no dollars, no money, in IHS to support our clinic and additional funding needs would have to come before Congress, as was conveyed to us. Mr. REGULA. Surely IHS, when they helped you build-well, you built it yourselves; is that correct? Mr. THOMAS. Correct. Mr. REGULA. Did they commit that they were going to help you with staffing? Mr. THOMAS. Well, they led us to believe that they would be helping us because they indicated that we could not revise what we 196 had, which led us to believe that when it was complete and we had a clinic onsite, then they would come in and give us that support, and it never materialized. Mr. REGULA. Okay, well, we'll look into it. Mr. THOMAS. Even more troubling is the fact that IHS does not view our clinic as an expanded program that would allow us to tap into the existing IHS dollars. We have cut our contract health referral budget by more than 50 percent to provide money for staff, but we still fall short. Without additional funds, we cannot hire a nurse practitioner or an LPN, social workers, a psychologist and psychiatrist. If we could just afford a pharmacy and a pharmacist, then our funds, of course, would be reduced by 40 to 50 percent. That is a savings of $75,000 · right there, which would allow us to have a physician. We are getting help from the University of Rhode Island. We're certainly seeking out into the community and also getting help from the Rhode Island College as far as getting student help. Mr. REGULA. Does your tribe have a reservation or are you just living in the community? Mr. THOMAS. Well, we have a reservation. It's located in the Washington County area. There are five counties within the State, and as it stands right now, Washington County is one- Mr. REGULA. So most of the members live off the reservation? Mr. THOMAS. Fifty percent. Mr. REGULA. Yes. Mr. THOMAS. Yes. Mr. REGULA. Okay. Anything else you want to say? We're out of time here in a minute. Mr. THOMAS. Okay. The only thing I would indicate here is we certainly want to focus in regards to one of the biggest things here as far as the Narragansetts, diabetes is debilitating and, if not monitored, a potentially deadly illness. It affects sight, the limbs, the entire body. Mr. REGULA. Oh, sure. Mr. THOMAS. It certainly affects our pocket, which is of considerable concern there. With nearly 40 percent of our tribe are unemployed, that presents a serious health risk. Mr. REGULA. Right. Mr. THOMAS. Of the last 10 cases we discovered, 8 of them were uninsured. I say that only because, again, I've contacted diabetes myself in the past 10 years, 12 years, and I have lost my father from diabetes; I've lost two from my family. Our Chief Sachem just passed away in December with diabetes complications. And what we need to do is help educate the people. With the appropriations for 1998, it could be a big help to us. Mr. REGULA. We'll look into it. Thank you very much for coming. Mr. THOMAS. Thank you. [The information follows:] 197

c/Va't't,Q,9an~dt ffndtan Cf'tlbe P.

STATEMENT OF THE NARRAGANSETT TRIBE

Before the House Interior Appropriations Subcommittee Regarding the FY 1998 Budgets for the BIA and IHS March 6, 1997

Presented by Councilman Robert Thomas

Thank you for affording the Narragansett Tribe the opportunity to address the subject of IHS and BIA funding needs for FY1998. My name is Robert Thomas. I am a Councilman of the Narragansett Indian Tribe. I have served on Council for Twelve years. I am a warrior for my Tribe and for this Nation. I am also a Vietnam Veteran. am testifying on behalf of our Tribal Council.

Since Federal acknowledgment in 1983, we have exercised our right of self- government to contract programs serving Indians under the Indian Self-Determination Act. We contract and operate 13 BIA-funded programs as well as a comprehensive health program from the IHS, employing many of our tribal members to provide essential services to our more than 2,000 members. Our request for FY 1998 is as follows:

• IHS (Hospitals and Clinics). Fully fund staffing and equipment needs for our new health clinics through an earmarked appropriation of $947,949 to bridge the shortfall we face in bringing our new clinic fully on-line. • Fund mandatory pay increases for salaries, inflation and pop. growth. • Fully fund Contract Support Costs. • BIA (Tribal Priority Account). Support, as a minimum the President's FY1998 budget request for TP A. • Fully fund Contract Support Costs.

IHS Budget (Staff and Equip Narragansett Health Clinic). In 1991, the first year we testified before this subcommittee, we identified as our goal the establishment, on our reservation, of a tribally operated, out-patient health clinic to provide essential health services to our tribal members. We are proud to report to you that in November, 1996 our goal was achieved with the construction and dedtcation of a 5,000 square foot health clinic. We ·obtained private financing to build our health clinic from Washington.Trust Bank. This would not have been possible, however, without a 90% BIA loan guarantee from the Eastern Area Office. The facility contains a Primary Health c14c, Community \ \ 198

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Health program, Behavioral Health/Family Services, and Administrative Services. This is a proud achievement for our Tribe, buf we will only recognize a portion of the clinic's potential due to a shortage _of funds. We need your assistance if we are to realize the full potential of our direct service clinic.

The IHS has informed us that they are without funds to staff and equip our facility. In a February 24, 1997, letter from the IHS to the Tribe (enclosed), we have been informed that "there are no health service funds available from the IHS at this time to support your new facility" and any additional funding for our Tribe's program needs "would have to come from the Congress." With the exception of "some" Maintenance & Improvement and equipment replacement funds in the FY1998 budget, the agency is without funds to meet our needs. On top of this, the IHS expects to absorb approximately $100 million in inflationary costs this year.

In a meeting with Dr. Trujillo, his staff, and a representative of the Nashville Area Office February 3, we were informed that IHS policy does not recognize our clinic as an "expanded" program, thereby making us ineligible for existing IHS dollars. We are neither a "new tribe" nor are we an "expanded" program in the eyes of the IHS. We alerted the Nashville Area Office, IHS, in 1995 that we would soon have our clinic. They informed us then that we could not submit a new scope of work and budget for the clinic until it was actually built. Nonetheless, we thought that they were anticipating our clinic coming on-line and would include the required funding for staffing, maintenance and improvement funding and other start up expenses in the upcoming IHS budget request to Congress. We certainly believed that under existing law, as we expanded our scope of service, building a clinic which did not previously exist and transferring from a referral health care service to a direct care, out-patient facility, we would be eligible for "new and expanded" health program funds. This turns out not to be the case.

Dr. Trujillo did not know where additional funds could be made available to the Tribe. We are greatly distressed by the position of IHS which regards tribes such as us, which prior to contracting health services under Pub. L. 93-638, received no health services from the Department, as ineligible for "new and expanded" program funds.

Today, we are presently in transition from a referral based health program, whereby we referred our members to the surrounding medical community for their health care needs, to a more cost-effective direct service, health care system where we will hire local health care professionals to work full and part-time at our health clinic. Direct service health care provided under one roof will ensure that each dollar goes farther and that better health care will be administered to our members. Contract Health Service (CHS) referral costs totaled $700,000 in 1996' alone. We have cut our CHS budget by more than 50%, using these funds for staffing needs, but this only permits us to fill 17 of 27 health care positions, leaving us with a 37% staffing shortage. By moving CHS funds to staffing needs, we are increasing our need for Contract Support Costs which are already inadequate. Staffing funds require Contr_act Support funds. We will, however, save money in the long term. 199

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Our current operating budget of $1.2 million will allow us to only bring on-line a portion of our clinic. Without additional appropriations we cannot afford to hire: • a nurse technician • a pharmacist • a licensed practical nurse • ·a social services medical social worker • a social services patient services coordinator • a Behavioral Health Service psychologist or psychiatrist • a Health and Human Services Director to manage the clinic • an Administration Planner · • a Business Office Manager and Patient Services Coordinator, and • maintenance personnel.

Until our full-time physician begins work in July, we have contracted with two local physicians to work part-time (2 days/wk) at the clinic. A licensed psychologist is working 1 day a week at the clinic. Our Community Health Service staff is conducting one-on-one sessions and intake for on-going contract referral health care needs until the clinic is officially open for business. Additional staffing needs alone will account for 48% of the additional $948,000 we are requesting. If we could afford a pharmacy, that would reduce our pharmaceutical costs by some 40-50%, saving us some $75,000 to put toward staffing needs. Pharmaceutical expenses totaled$ 170,000 in 1995 alone. We enclose a, budget of our health care needs which the IHS could not fund in FY1997.

Third party billing of Medicare and Medicaid will allow us to make up some of the funding shortfalls and we hope that future health care reform will not deprive us of this necessary revenue source. The University of Rhode Island has offered us resources from their Audiology, Speech Pathology, Pharmacy and Nursing departments, and Rhode Island College has made a graduate level student in Social Services available to us as well as other resources. We are grateful for their assistance, but we still face severe funding shortfalls.

Our greatest medical challenge is monitoring and addressing the needs of our diabetic patients. Screening, preventive care and treatment of our 75 existing patients is very costly. Our Tribe has an unemployment rate near 40%. Of the last 10 cases of diabetes discovered, 8 were uninsured. To meet minimal standards requires a commitment of roughly $2500 per patient, or $187,500 annually. Through clinic screening and early detection, we estimate that the number of diabetic patients we serve may double in 1997, as we must now serve all Indians.who enter our clinic. CHS referral funds, however, are only available to members residing in Washington County.

In addition, new welfare reform legislation has decreased funding for welfare mothers receiving Ritecare funds administered by the State. Children remain eligible for this funding through age 7, after which the Tribe becomes responsible. These children must now be covered under our Contract Health Services funding which we reduced 54% to cover staffing needs. We have some 37 pregnancies, 90% of which are low- income, most of which are high-risk. 200

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In conclusion, we do not know how we are going to cov~r these shortfalls as well as absorb the costs associated with population growth, medical inflation and pay increases. By moving from a contract referral health care program to a direct service program, we anticipate cost savings which will help but not fully cover our start up needs. We are doing our part to stretch existing funding to provide essential health services to our members. Without additional funding from Congress, we have no choice but to limit the health services we can provide to our members. We ask that Congress continue to assist all tribes in meeting the health needs of the Nation's First ,Americans by adequately funding the IHS budget to increase the level of need we provide.

BIA Budget. We request that Congress, at a minimum, fund TPA at the President's FY1998 budget amount. As with the IHS budget, we continue to experience chronic shortfalls in carrying out contracted programs from the Bureau of Indian Affairs. Human Services programs such as Indian Child Welfare Act are so underfunded (and actually will decrease in FY1998 from the FY1997 level) that we simply cannot afford legal representation to monitor foster care placement of our tribal children. Education funding under Johnson O'Malley is slated for about a million dollar decrease under the President's FY1998 budget. Our Adult Vocational Training and Scholarship programs cannot keep pace with our need. Law Enforcement funding remains at the "feasibility study" phase of $10,000. For the past several years, we have emphasized the need for law enforcement funding. We have no alternate revenues (we possess no natural resources and have been denied the ability to raise revenue through gaming on our settlement lands by the 104th Congress) and cannot take funds from other TPA programs, which are strapped for funding, to establish an adequate law enforcement program.

Since the 1994 First Circuit decision, there is no longer a question that we exercise civil, criminal and civil regulatory jurisdiction over our settlement lands concurrent with the State. The local police do not patrol our lands and the State police are more than 20 minutes away. We have a new health clinic and community center which must be patrolled. We have applied for and been denied grants from the Department of Justice (COPS FAST and COPS MORE) because we didn't have even one full-time law enforcement officer.

Finally, Congress must fully fund contract support costs which enable tribes to meet their administrative expenses associated with carrying out our programs. Congress has long recognized the need to fund this essential component. Each year tribes like us must make up for contract support cost shortfalls by using direct program funds, limiting the effectiveness of our already financially strapped programs. The Indian Self- Determination Act is clear -- the Secretary must fully fund contract support cost needs. We request that Congress fully fund this essential program cost as required by law.

Thank you for permitting the Narragansett Tribe to present testimony. 201

THURSDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS WITNESS TERRY CROSS, NATIONAL INDIAN CHILD WELFARE ASSOCIATION Mr. REGULA. National Indian Child Welfare Association. Mr. Gross is it? Mr. CROSS. Cross. Mr. REGULA. Cross. Oh, yes, I'm sorry. Mr. CROSS. Mr. Chairman, I'm Terry Cross, director of the Indian Child Welfare Association. Our organization is a membership organization of tribal programs and urban Indian programs serving In- dian children and families across the United States. Mr. REGULA. So where are you headquartered? Mr. CROSS. In Portland, Oregon. Mr. REGULA. Okay, but you serve tribes throughout the United States? Mr. CROSS. Right, and our services include training, community development, and policy analysis. Mr. REGULA. I assume you're 100 percent federally-financed? Mr. CROSS. No, we're only about 30 percent federally-financed. Mr. REGULA. Where's the balance? Mr. CROSS. We're a private nonprofit. We raise our own funds. We make a lot.of our own money with fees-for-service and that sort of thing. I'm here to testify on two aspects of the Bureau of Indian Affairs' budget: the Indian Child Welfare Act, Tit.le II, program that supports tribal child welfare programs and the Indian Child Welfare Act, Title II, off-reservation program. I'm here to support the administration's budget under Tribal Priority Allocations that's call- ing for a 90 percent increase over the 1997 levels for tribal programs. I want to talk about how essential those programs are to protect Indian children from abuse and neglect, and provide them homes and the sense of parency and belonging in their own communities, because these funds are the only real steady child welfare funds the tribes have. We do have access to only one other Federal child welfare funding base, and that's title 4(b), but the amounts under those grants are so small; for some tribes it's less than $1,000. So the ICWA title II is really the only viable source of funds for tribal child welfare programs at this point. And it's only been since 1993 that those have been consistent. Before that, there wasn't enough money to go around, and there was a competitive process. So it's very important that those programs be supported. Tribes have made a tremendous increase in the way that they are able to support child welfare programs. I do want to express concern about the way the Bureau of Indian Affairs determines the need when they're projecting the budget. They have almost no information about what the need is out there. Under the Tribal Priority Allocations process, tribes often-it's like a block grant. They have to-if they have to spend extra money on some other crisis, that means they can't spend it on child welfare. Well, what the Bureau does then, it says in their budgeting process, well, it must be they didn't need it because they didn't spend 202 it; they prioritized it other places. Well, if your tribal center burns down or your roads wash out or you have people die who need to be buried, you can't spend that money on children, and so it gets moved to other places. Mr. REGULA. So they move around within their accounts is what you're saying? Mr. CROSS. Right, right. Mr. REGULA. You're saying they short the child welfare program in the process? Mr. CROSS. And especially they short it in the Bureau's calculation of how much tribes need, because if you only looked at what they used, you don't know anything about what it is that t&1ey need. Mr. REGULA. Well, we are trying to look at the Bureau and see if we can improve the administration. I suspect your concern is saying it's poorly allocated. Mr. CROSS. Right. The other issue is the-I'm here to ask Congress to restore the $2 million that historically has been spent on off-reservation programs. These off-reservation programs have been essential in helping implement the Indian Child Welfare Act and helping-- Mr. REGULA. When you say, "off-reservation," does this mean in private facilities? Mr. CROSS. The urban Indian programs. Mr. REGULA. Yes, right, where they get treatment in a non-In- dian hospital? Mr. CROSS. Well, primarily-- Mr. REGULA. Is that subject to reimbursement? Mr. CROSS [continuing]. Those are family service kind of programs where a State may take a child into custody, but not have any Indian foster homes or urban Indian urban program, might work with the State to help that new home. Mr. REGULA. Okay, and we fund that in part. Mr. CROSS. You have funded it in the past at $2 million a year. This year it was left out of the administration's budget. They just zeroed it out. Mr. REGULA. I wonder why they did that? Okay, thank you very much. · Mr. CROSS. Thank you for your time. Mr. REGULA. We learned a lot of new information here today. [The information follows:] 203

.STATEMENT SUBMITTED BY THE NATIONAL INDIAN CHILD. WELFARE ASSOCIATION TO THE HOUSE INTERIOR APPROPRIATI

NATIONAL Mr. Chairman and members of the Sub;committee, my name is Terry Cross. I am the Executive Director of the National Indian Child Welfare Association and my INDIAN ·statement is offered on behalf of the Association. My comments will focus on those portions of the Bureau of Indian Affairs (BIA) FY 1998 Budget Request that relates CHILD to the Indian Child Welfare Act OCW A), Title II grant program under the Tribal Priority Allocations (TPA) budget category. We would also like to focus on the WELFARE ICWA, Off-Reservation program which was funded through FY 1996, but is not identified in the Adininistration's request for FY 1998. Our organization is ASSOCIATION n;questing that the Subcommittee recommend an increase to TPA similar to what the Administration has asked for in their FY 1998 request to assist tribal ICWA programs. For the Off-reservation ICWA grant program we are requesting the $ubcommittee to increase the Special Programs and Pooled Overhead category by $2 million for the purpose of restoring historic funding of ICWA programs in urban areas. 361 I SW Hood St. Sul~ 201 The National Indian Child Welfare Association is based in Portland, Oregon and Portland, OR. 9nO I provides a broad range of services to its constituents. These services include, ( 1) Phone professional training for tribal and urban Indian child welfare professionals; (2) 503.222.-40<44 consultation on social service program development; (3) facilitating by request child Fax 503.222.4007 abuse prevention efforts fu :reservation communities; and (4) analysis and dissemination of policy i.nformation that impacts Indian children and families. Our Gary Peter-son constituents consist of tribal governments and urban h\dian child welfare programs throughout the United States. Our organization works closely with the Affiliated Andy Pascua Tribes of Northwest Indians and National Congress of American Indians, as well as Vtee-Prcsldcnt having members on the Indian Child Welfare Committees of both organizations. Eloise King Secretary This will be our fifth year in providing both oral and written testimony to the Dan Gargai;, Subcommittee. · Trecnurer Under TPA tribes are essentially provided a block grant from which they must fund a Board broad variety of services. Under this system tribes must make decisions about which Velma Bahe services they can fund and at what level. However, many times tribes encounter Lorraine Brave WIiiiam Ciark situations when they must transfer fundin_g from one financially strapped service to Debra Foxcroft another, even though both services are overwhelmed by the human need they face. Donallne f-:tarrls•Aeagle The BIA looks at this transfer as a measure of decreased need, which they use when . Judy Houck developing their budget request. This measure does not take. into consideration any Willie Jones information on human need. Under this method, Congress and the Administration Margaret Jose Tracy King will never know what the actual need for any program under TPA is and how well Gabrlel Landry funds being allocated are doing in trying to meet that need. Robert Lewis Kathryn Manness Data provided to Congress should accurately d:escribe human need, not just budget . Arc Mardnez priorities. Amazingly, the BIA.has been allowed to provide only-superficial data to R.oben: MIiier justify budget requests and evaluate their performance in the area of human services. Don MIiiigan Phll Quinn To our understanding, no other federal agency that administers human services Ellz.ibeth Red Bear funding is allowed to provide such incomplete information to Congress. The BIA Mur-lel Sharlow should be held to no less of a 1>tandard. Lola Sohappy Ernie Steven~ Jr. Dolores Subia Big Foot Mary Tenorio

Terry L Cross Direaor· 204

Another important factor in determining the need for ICWA program funding is tribal access to other program services and funding. Of the top four federal sources of child welfare funding guaranteed to states under the Social Security Act, tribes only have guaranteed access to one, Title IV-B Child Welfare Services, and the amounts of funding avail11ble from this source for tribes are extremely limited (approximately $5.0 million projected for FY 1998). This situation combined with dwindling state resources, lack of expertise, and states reluctance to provide community- based services in Indian communities based on financial and jurisdictional issues, has created a serious crisis for tribes in their efforts to protect their children and establish permanency and stability for those children who need help. Funding from the ICW A, Title IT grant program is the only viable, ongoing source of child welfare funding for all tribes. Without strong ICWA programs tribes have few options available to them to protect their children from child abuse and help them secure a safe, permanent home.

TRIBAL ICWA, TITLE II GRANTS

Until FY 1995 with the revised Final Rule for the Indian Child Welfare Act, Title IT grant program taking effect, Tribes have been forced compete for child welfare funding from year to year. This competitive process has been extremely disruptive and in most years only allowed approximately 50% of the tribes nationwide to receive any ICWA funding. Improvements in the grants process and increases to funding have enhanced tribal access to this resource, but there is still a need to continue the effort to make ICWA funds more available and reflective of tribal needs. These efforts must include:

• A more careful analysis of the child welfare needs for tribes by the BIA for the purposes of budgetary recommendations. This analysis should be based on more than just population figures and how tribes are able to prioritize their limited Tribal Priority Allocation funds. It should include data on types of services provided; to how many children and families; # of out-of-home placements of children; average length of time in out-of-home care; and numbers of children who are able to receive permanence through reunification, guardianship, kinship care, or adoption.

• Funding increases for the tribal portion of ICWA, Title Il that reflect need as identified through careful analysis of several factors, such as access to other child welfare funding, relative costs of providing basic child welfare services on tribal lands, and needs data identified in the paragraph above. This is data that is routinely used with other federal child welfare programs and provides Congress with meaningful data that can define need.

Current estimates provide a picture of need that is clearly as high as that of any ethnic group for these services. The most recent research on risk assessment of child abuse for Indian children indicates that 34.4% of Indian children are at risk for being abused (1993 National Indian Justice Center study on Indian child maltreatment funded by the Indian Health Service). In 1986, the most current year for which data is available, it was reported that Indian children were placed in substitute care at a rate that is 3.6 times that of non-Indian children (1988 study entitled, "Indian Child Welfare: A Status Report". Funded by the Departments of Health and Human Services and Interior). Many other documented indicators of the need for these services are also highly visible in many Indian communities such as extreme poverty and high rates of substance abuse. 205

OFF-RESERVATION ICWA, TITLE II GRANTS

Off-reservation programs can provide a number of important services to tribes, states, and individual Indian children and families. The ICWA does not make a distinction between who should benefit from the Act, and is designed to protect Indian children and families everywhere. These off-reservation programs, where they have been able to exist, can provide key linkages to tribes when their members become involved in state child welfare systems, all of which are designed to meet the purpose of the Indian Child Welfare Act. Common services that these programs can provide include:

• Monitoring compliance with the Indian Child Welfare Act in urban areas;

• At the request of tribes, provide case advocacy or other services such as foster care to tribal children who do not live on the reservation and whose tribe may not even be in the state;

• Provide training to state administrators, child welfare workers, and court personnel on how to improve compliance with the Indian Child Welfare Act and provide more cost-effective services, and

• Recruiting and licensing Indian foster and adoptive families, an activity that states often do not have resources for and are not successful at.

Off-reservation programs have suffered from the instability of inadequate funds and a competitive grants process. Historically, funding levels for off-reservation ICWA programs have been between $1.5 to $2.0 million. This has enabled the BIA to minimally fund about 40 programs a year that serve the 65% of the Indian population that lives in primarily urban settings. These programs have also tried to access private foundation funding and state contracts to supplement their ICW A grants. However, these funds have been increasingly difficult to secure, especially in light of increased competition for these resources due to reductions in state and federal funding.

We also know that many of these children may be served by state child welfare agencies at some point. Because of the small number of off-reservation ICWA programs operating in the United States, many of these children in urban areas are at great risk for not being given the protections of the Indian Child Welfare Act. This seems especially relevant when you consider the budgetary problems that states are experiencing that result in minimal resources for staff training and services in general.

CONCLUSION AND RECOMMENDATIONS

The ICWA, Title II program is a resource that has shown to be extremely effective in protecting Indian children and, helping Indian families stay together. A study in 1988 commissioned by the Department of Health and Human Services and Department of Interior entitled, "Indian Child Welfare: A Status Report", revealed that tribal ICW A programs outperformed the BIA and state child welfare programs, notwithstanding the limited funding available to tribes. Specifically, Indian children in substitute care had shorter stays in foster care and higher rates of permanency when served by tribal programs. In 1994 the Office of Inspector General issued a report entitled, "Opportunities for ACF to Improve Child Welfare Services and Protections for Native American Children", which clearly showed that most states were either not willing or able to share federal funds for child welfare services with tribes. This clearly demonstrates that tribes, when provided 206

the opportunity, are able providers of child welfare services, while currently not being able to depend on other funding sources or services outside of the ICWA, Title II grant program.

We must also take into consideration other factors which impact the ability of tribes and off- reservation programs to protect their children and give them a sense of permanence. The new welfare reform law provides tribes with an opportunity to operate their own welfare programs, but does not provide the additional resources that will be needed to achieve full self-sufficiency for Indian families. States will have additional pressures under the new law to target their resources carefully. This will most likely mean that states historic reluctance to provide services on tribal lands will continue and possibly get worse. In addition, Congress and the Administration have set out to increase adoptions and permanence for children in this country. If tribes are not given the resources to help achieve this goal, then Indian children will likely continue to be the most unprotected class of children in this country with the least access to services that help provide permanency.

The National Indian Child Welfare Association requests that the Subcommittee recommend the following:

1) A level of funding for TPA equal to that identified in the Presidents budget request. 2) Require the BIA to utilize additional data in developing their budget request regarding ICWA services such as the data identified on page 2 of this testimony and provide this data to Congress as requested. 3) Restore funding to the Off-Reservation ICW A program under Special Projects and Pooled Overhead at a level of $2 million for FY 1998.

Please consider this request carefully and help tribal governments and off-reservation ICW A programs continue to offer proven, locally designed and controlled programs for Indian children and families. 207

CURRICULUM VITAE February, 1997

TERRY L. CROSS, MSW, LCSW, ACSW 3611 SW Hood Street Portland, Oregon 97201 (503) 222-4044

American Indian - Seneca Nation of Indians

EDUCATION:

Master of Social Work, Portland State University School of Social Work, Indian Social Work Project, Portland, OR (1977)

B.A. in Sociology and Political Science, Grove City College. Grove City, Pennsylvania 0974)

EMPLOYMENT:

07 /87 - Present Executive Director, National Indian Child Welfare Association, Inc., Duties include administration of projects, supervision of project staff, planning curriculum development, training, consultation, fund raising and public r~lations.

09/87 - 1993 Research and Training Center to Improve Services to Emotionally Handicapped Children and their Families, Regional Research Institute, Graduate School of Social Work, Portland, State University, Minority Initiative Committee Member. Duties include conceptualizing a cultural competence model and assisting in the development and writing of related material.

10/83 - 07 /87 Northwest Indian Child Welfare Institute, a project of the Parry Center for Children. Position and duties are described above.

06n8 - 09/83 Parry Center for Children, Portland, Oregon, Clinical Social Worker for residential treatment center serving emotionally disturbed children six years and older. Duties included treatment coordination. casework, family therapy, play therapy, individual psychotherapy for residential and outpatient clients.

84-85/1989 and Eastern Washington University, La.-rurer 1994-Present Cheney, Washington

1987 Lewis & Clark College, Lecturer Lewiston, Idaho

1986 Lwnmi Community College. Lecturer Bellingham. Washington · 208

03n9 - Present Ponland State University, School of Social Work; Adjunct Assistant Professor.

09/80 - 12/80 American Indian/Alaskan Native Social Work Education Project, Portland State University; Acting Director.

08m-05ns Title IV, A HEW Indian Education Program, Salamanca Central School, Salamanca, New York; Home-School Coordinator, Family Therapy, Group Work, Individual Counseling, Student Advocacy, Home-School Liaison.

06n6:.o9n6 Western Interstate Commission on Higher Education (WICHE); Social Research Intern.

09n5-06n6 Chemawa Indian School, Salem, Oregon; graduate field placement in BIA boarding school. o6m-09n5 Mercer County Child Welfare Services, Mercer, Pennsylvania; intern/aid 6n3-6n4 caseworker (07n4-09/75).

01m-05m Intern/Volunteer, George Junior Republic School for Boys, Grove City, PA

MEMBERSHIPS IN PROFESSIONAL SOCIETIES:

1993 to Present American Professional Society on the Abuse of Children Member, Advisor

1986 to Present International Society for the Prevention of Child Abuse Member

1980 to Present National Association of Social Workers Member

1980 to Present Academy of Certified Social Workers Member

1976 to Present National American Indian Social Workers Association Member

CLINICAL LICENSE:

1983 to Present Licensed Clinical Social Worker, Oregon

PROFESSIONAL AND COMMUNITY SERVICE:

Member, Oregon Indian Child Welfare Advisory Committee, 1992 - Present The Casey Family Program Cross-Cultural Advisory Committee, 1990 - Present Member, Cultural Competence Committee, CASSP.Technical Assistance Center, Georgetown University, Chairman of Monograph Sub-Committee, 1988-present. Board Member, American Indian Association of Ponland,.1989 to 1996. Portland Oregon. Congr~ional Testimony, Re: ICWA Appropriations, 1996 Congressional Testimony, "Welfare Reform", 1995 • Congressional Testimony, Re: Indian Child Welfare, 1995 · • ·· Member, Child Welfare League of America, National Task Force on Cultural Responsiveness, 1989-1993. 209

Member, National Center on Child Abuse and Neglect, National Committee on Minority Leadership Development, 1989-1993. Member, Editorial Committee, Social Casework. 1986-87. Board Member, National Committee for Prevention of Child Abuse, 1985-88. Chicago, Illinois. Treasurer, Oregon Chapter National Committee for Prevention of Child Abuse. 1984 to 1987; board member 1983 to 1986. · Member, Inclusiveness Project Policy Committee, United Way Columbia-Willamette, 1987. Vice-President, Association of American Indian and Alaskan Native Social Workers, 1981-83. Advisory Board, National Study of the Implementation of the Indian Child Welfare Act, CSR, Inc .. Washington, D.C., 1985. Advisory Committee, National Resource Center for Family Based Services, University of Iowa, 1985-87. Consultant Team, Reasonable Efforts Project, Northwest Associates, 1985. Consultant, The Casey Family Program, 1982 to present. . Member, Indian Child Welfare Task Force, Native American Rights Fund, 1982. Member, National Technical Advisory Committee for the Development of Child Welfare League of America, standards for services for children in their own homes, 1980. Chairman, Budget Committee, Association of American Indian Social Workers National Conference, 1977.

NON-REFEREED PUBLICATIONS AND PROFESSIONAL PAPERS:

"Culture As a Resource For Intervention: A Methods and Issues Guidebook for Early Intervention Personnel," Child Development and Rehabilitation Center, Oregon Health Sciences University, with Thomm, Krahn, Williams, and Hale, in press.

"Developing a Knowledge Base to Support Cultural Competence," Family Resource Coalition Report, Fall/Winter 1996. '

"Native American Children's Mental Health Access Project: An Exploratory Assessment of Tribal Access to Children's Mental Health Funding and Review of Tribal Mental Health Programs," National Indian Child Welfare Association, Portland, Oregon, through a contract with Georgetown University Child Development Center, National Technical Assistance Center for Children's Mental Health. Washington, DC with Kathy Deserly, July 1996.

"Developing Culturally Appropriate Mental Health Services in Oregon: A Preliminary Analysis Focusing on Hispanic, Asian, Black and Native American Populations." Office of Mental Health Services, Mental Health and Developmental Disability Services Division, with. Char Tong, January, 1990.

"Towards a Culturally Competent System of Care: A Monograph on Effective Services for Minority Children Who are Severely Emotionally Handicapped.• CASSP Technical Assistance Center. Georgetown University, with Bazron, Dennis, Isaacs and Mason. in press, 1989. ·

"Positive Indian Parenting: Honoring our Children by Honoring our Traditions." Northwest Indian Child Welfare Institute, Parry Center fur Children, 1987.

"Cross-Cultural Skills in Indian Child Welfare: A Guide for the Non-Indian." NWICWI. Parry Center for Children, 1987. 210

"Northwest Indian Child Welfare Institute: A Project Review,• presented at the Sixth International Congress on Child Abuse and Neglect, Sydney, Australia, 1986.

"Gathering and Sharing: An Exploratory Study of Service Delivery to Emotionally. Handicapped Indian Children," Research and Training_ Center to Improve Services for Seriously Emotionally Handicapped Children and their Families, Regional Research Institute for Human Services, Portland State University, 1986. .

"Heritage & Helping: A Model Curriculum for Indian Child Welfare Practice." Northwest Indian Child Welfare Institute, Parry Center for Children, 1985. ·

Directory of Northwest Indian Child Welfare Programs, Northwest Indian Child Welfare Institute, Parry Center for'Children, 1984 and 1987.

"Interagency Co-treatment: A Process for Providing Dual-Agency Treatment of Aggressive Acting-out Young People," presented at the American Orthopsychiatric Association Annual Conference, with Raymond Peterson, 1982.

"Social Work Practice issues and Problems in Implementing the Indian Child Welfare Act of 1978," ICW Task Force, Oregon Legal Services and Native American Rights Fund, 1982.

"A Social Profile of the Portland-Vancouver Metropolitan Area," Western Commission on Higher Education, Published report, 1977.

REFEREED PUBLICATIONS:

"Indian Child Welfare Practice: Drawing on Cultural Traditions," Social Casework: May, 1986.

"Play Group Therapy with Severely Emotionally Disturbed Boys," Child Welfare, 1979.

WORKSHOPS TAUGIIT:

Workshops Presented 1994 - 1996

• "Tribal Issues in Welfare Reform." Region IX. San Francisco. CA • "Cultural Competency in Mental Health Services," County of Kern, Bakersfield, CA • "The Cultural Competency Model," University of Nebraska, Omaha, NE (Keynote) • "Positive Indian Parenting," Kettle Point First Nation. Forest, Ontario • "Cultural Competency with Indian Families." Dept. Of Public Health, Helena. MT • "Blazing the Trails," Baccalaureate Social Work Program, Portland, OR (Keynote) • "Case Management," Kauffman and Associates, Spokane, WA • "Positive Indian Parenting," Yurok Tribe, Eureka, CA • "Culturally Competent Family Services," National Resource for Family Centered Practice, Kansas City, MO . • "Spirituality and Healing in Medicine," Minority Health Conference, Portland, OR • "Train the Trainer." (Cultural Competence), Georgetown University, Washington, DC • "Native American Child Welfare," New Mexico Highlands University, Las Vegas, NM 211

• "Cross Cultural Competency," University of Fresno, Fresno, CA "Cultural Competence and Child Rearing," Oregon Health Sciences University, Portland. OR • "Connecting our Uniqueness: Cultural Training Within an Early Intervention Context," Flying 'M' Ranch, Yamhill, OR • "Cultural Competence Model," Family & Youth Service Bureau, Washin~rton, D.C. • "Cultural Competence with Indian Families," Minnesota Chippewa Tribe, Blor mington, MN "Interdisciplinary Perspectives on Children and Families Seminar," Portland State Univei::;ity, Portland, OR • "Culture as a Resource in Supporting Children in Alternative Care," Alaska Foster Parent Training Center, Anchorage, AK "Tribal Planning and State Relations," University of Wisconsin, Keshena. WI "The Relationship Between Child Abuse and Substance Abuse," Cherokee Nation Child Abuse Prevention Conference, Tulsa, OK "Developing Tribal Family Preservation Programs," Family Preservation Conference, Las Cruces, NM "Culture as a Resource for Intervention," Oregon Health Sciences University, Portland, OR "International Issues in Indian Child Welfare," St. Regis Mohawk Tribe. Syracuse, NY "The Indian Child Welfare Act," Idaho ICW Conference, Boise, ID "Family Preservation," Intertribal Council of Arizona, Phoenix, AZ • "Cultural Competency," CA State Dept. Of Mental Health, Fresno. CA • "Cultural Competent Practice with Children and Families," Casey Family Program, Tucson, AZ "Cultural Competency Training of Trainers," South ~olina Dept. Of Health. South Carolina "Child Protection Teams," Siletz Tribe, Siletz. OR · "Indian Child Welfare," Intertribal Council of Arizona, Phoenix, AZ "Child and Adolescent Mental Health," Eastern Washington University, Cheney, WA "Cultural Competency," Center for Substance Abuse Prevention, Fairfax, VA "Cultural Competency," Western Washington University, Bothel, WA "Cultural Competency-Training Trainers," Georgetown University, Traverse City, MI "Cultural Competency," North Carolina Division of Social Services, Raleigh, NC "Cultural Competency," Center for Family Studies, Madison, WI "Cross Cultural Skills in ICW Casework," Tlingit and Haida Indian Tribes. Juneau, AK "Cultural Competency," University of Minnesota, Duluth, MN "Cultural Competency," Christie School. Portland. OR

Representative Sample or Workshops Presented, 1980-93

Positive Indian Parenling. A workshop for Indian parent trainers. Lapwai, ID 1993 Lake Chelan, WA 1989 English Bay AK 1993 Detroit Lakes. MN 1988 FtWarden, WA 1993 Omak, WA 1988 Coos Bay, OR 1991 Lewiston. ID 1987 Lapwai, ID 1991 Bellingham, WA 1986

Heritage and Helping. A series of workshops for tribal child welfare workers. Newport, OR 1993 Coos Bay. OR 1993 Portland OR 1993 · Port Angeles, WA 1993 Warm Springs OR 1993 Nisqually, WA 1992 Albuquerque, NM 1993 Klamath Falls. OR 1992 212

Bellingham, WA 1992 Green Bay WI 198S Coos Bay, OR 1991 .Anchorage, AK. 1984 Fort Berthold, ND 1985 Northwest Tribal Series 1984 Fort Duchesne UT 1985 Pendleton, OR. 1983 Blanding, UT 1985

Cross-Cultural Skills in Indian Child Welfare/ICWA Sudbury ON 1991 Duluth, NM 1989 Portland," OR 1991 Minn., MN 1989 Warm Springs, OR 1991 Bismark. ND 1988 Port Angles, WA 1991 Cable, WI 1987 Woodburn, OR 1991 Green Bay, WI 1987

Preventing Child Abuse in Native Communities/Child Protection Teams Nisqually, WA . 1993 Seattle. WA 1991 Marysville, WA 1993 Unakfeet, AK 1987 Yakima, WA 1993 Spokane, WA 198S Wellpinit, WA 1992

Permanent Planning with Indian Children Minn., MN 1988 Anchorage, AK 1987 St. Paul, MN 1981 · Oklahoma City, OK 1987

Settlng Foster Care Standards in Tribal Programs Spokane, WA 1987 Seattle, WA 1988

Cultural Competence in Human Services Toledo, OH 1993 Ashland. NC 1992 Omaha, NE 1993 Chicago. IL 1991 Denver, CO 1993 Hillsboro. OR 1991 Seattle, WA 1993 San Jose' 1991 Madison, WI 1993 Seattle, WA 1991 Spokane, WA 1993 Spokane. WA 1991 Phoenix, AZ 1993 Boulder CO 1990 Rio Rico, AZ 1993 Portland OR 1990 Bemidji, MN 1993 Washington, DC 1989 Seattle, WA 1992 Portland, OR 1989 Portland, OR (3) 1992 Portland. OR 1988 Ithaca, NY 1992 Tacoma. WA 1983 Spokane, WA 1992

Other Workshops

Preventing Child Abuse Through the Use of Cultural Strengths. 7th International 'Congress on Child Abuse and Neglect, Rio de Janeiro, Brazil, 1988 ·

Preventing Child Abuse Through the Use of Cultural Strengths. 6th International Congress on Child Abuse and Neglect, Sydney, Australia, 1986 2'13

Indian Child Welfare Services and Indigenous Peoples of Australia. Sydney. Mildura, Alice Springs and Brisbane, Australia, 1986 acultural Awareness in Indian Child Welfare," series of six workshops. Children's Services Division, Oregon, 1984

"Training the Indian Child Welfare Worker," _CWLA Regional Conference. Helena, MT, 1984 aChanging Role of the Private Agency with Indian Children," CWLA Biennial Conference of Board Leaders and Executives, Minneapolis, MN, 1984 ·

"Overview of Child Welfare and the Court," Siletz Tribal Court training, Siletz. OR, 1984

• Assessment and Treatment of Indian Children, Northwest Portland Area Indian Health Board Conference, Warm Springs, OR, 1983

"Building Self-Esteem", Association of American Indian and Alaskan Native Social Workers, Inc., Annual Meeting, San Francisco, CA, October, 1982

"Cultural Awareness Workshop", Casey Family Program, Portland, OR, November, 1982 and Boise, ID, December, 1982

"Social Work Practice Issues and Problems of Implementing the Indian Child Welfare Act." Indian Child Welfare Task Force, Boulder, CO, September, 1982 and Children Services Division Manager's meeting, November, 1982

"Permanency Planning for Indian Children," National Am'erican Indian Court Judges Association Conference, December, 1982

"Cultural Awareness," Northwest Regional Indian Chi\d Welfare Conference. 1982

"Helping the Indian Family," National Association ?t· Social Workers, State Conference. 1982

"Parenting the Indian Child," Confederated Tribes of Siletz, 1982

"Indian Child Welfare," Northwest Regional,Child Welfare Training Center. University of Washington, 1982

"Methods of Mental Health Treatment for Indian Youth." Association of American Indian and Alaskan Native Social Workers Conference, Portland, OR, October, 1981

"The Tribal Court and Children in Oregon," CWLA Northwest Regional Conference, 1980

"Play Therapy in Groups,;; American Association of Psychiatric Services to Children, New Orleans, LA, 1980 214

SPECIAL AWARDS, FELLOWSHIPS AND O1:ffER HONORS:

1989 Award for Excellence, National American Indian Conference on Child Ahuse & Neglect

1986 Outstanding Young Men in America

1974 . Graduated Cum Laude with high honors in both majors

OTHER UNIVERSITY ACTIVITIES:

Ongoing Guest Lecturer, Various School of Social Work Classes (Cultural Issues)

1989-93 Faculty Liaison to Field and Seminar Instructor. Minority Child Welfare Training Project.

1987-93 Faculty Advisor, United Indian Students for Higher Education, Portland State University

1985-87 Project Director, Indian Child Welfare Training Project

1978-80 Member, Advisory Board for Indian Social Work Project

1987-89 Member, Minority Resource Council, School of Social Work, Portland State University

011300-2 215

THURSDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS WITNESS PAUL ROOKS, OGLALA SIOUX TRIBAL PUBLIC SAFETY COMMISSION Mr. REGULA. Oglala-is that right? Mr. RooKS. Yes, sir. Mr. REGULA. Public Safety. You're the chief of police? Mr. ROOKS. Yes, sir. Mr. REGULA. Have you got your firearm with you? Mr. ROOKS. No, I sure don't. Mr. REGULA. You can't get through the door with that, can you? Mr. ROOKS. That's one of the reasons why I'm here to talk to you. [Laughter.] Mr. REGULA. I didn't do anything wrong. [Laughter.] Mr. ROOKS. Good afternoon, sir. I'm here primarily to request support for the TPA budget under the current administration, because about $46.6 million is what they--. Mr. REGULA. So you figure if they get more, you'll get more? Mr. ROOKS. Sure. In fact,. we figure we'll get approximately about $450,000 of that which we need. I think in 1995 we lost that amount. So we currently have about 36 police officers under the Bureau contract, and thanks to you gentlemen, we have 62 police officers in the justice department. So, to us, we're very thankful for that. Mr. REGULA. You got some extras, then, under that police program. Mr. ROOKS. Yes, sure. So we have approximately 98, but under the Bureau's standards we should be getting about 150 people. Mr. REGULA. How many people are you policing? Mr. ROOKS. Approximately about 50,000 people on the Pine Ridge Indian Reservation. · Mr. REGULA. Where are you located? Mr. ROOKS. Pine Ridge in the southwest comer of South Dakota. Mr. REGULA. So-you're a rural area? Mr. ROOKS. Yes, quite-there's about 4,800 acres that we-- Mr. REGULA. You have 50,000 people spread over a pretty big area then? Mr. ROOKS. Yes. Mr. REGULA. Are most of these on reservations? Mr. ROOKS. Yes, this is a reservation, Pine Ridge Indian Reserva- tion. Mr. REGULA. And you're the chief of_police for the whole reservation? Mr. ROOKS. Yes. So, generally, that's what we're saying, if we can get them on, like you alluded to earlier, the weapons and that sort of thing, that's one of the things that, through a BIA study, we're finding we need more-- Mr. REGULA. Has crime increased? Mr. ROOKS. Crime itself has ·increased overall like dangerous weapons and that sort of thing. The only thing I think we've put a handle on is homicides, but generally the rest of it is-you know, like you say, it's- 216 Mr. REGULA. How about juvenile crime? Is that an issue? Mr. RooKS. Juvenile, that's rising a little bit. We need to have controls. Mr. REGULA. Do you have your own court system? Mr. ROOKS. Yes, as well as we utilize the Federal court system, too. Mr. REGULA. Where do your people work? Where do they get their employment, agriculture, or what? Mr. RooKS. Generally, unless it's under the tribal or Federal programs, really without too much other economy type things- Mr. REGULA. Do you have a DARE program? Mr. ROOKS. We do have the DARE program. However, we have one police officer currently; we hope to get about five more to go to other schools, but we do have one person that is working all the schools. Mr. REGULA. So you do work in the education area as much as you can? Mr. ROOKS. Yes, sir. Mr. REGULA. An ounce of prevention is worth a pound of cures. Mr. ROOKS. Sure. In fact, we have been working with mostly all the schools and trying to identify behavioral issues. Mr. REGULA. Okay. Anything else you want to tell me? Mr. ROOKS. Well, the only other thing I was going to say was, if we can restore this approximately $4&0,000 which has been lost since 1995, I think we can help to employ or maintain the permanent status of officers, and if we can get an increase with the next couple of years, we hope to take care ofthis- Mr. REGULA. One question: are your officers trained in any police academy facilities? Mr. ROOKS. Yes, sir, they are trained at the Federal Law En- forcement Training Center in Artesia, New Mexico. Mr. REGULA. So you have people that understand their responsibilities? Mr. ROOKS. Sure, not only through the Federal system, but culturally also. Mr. REGULA. Does the State help you some? Mr. RooKS. The State, whenever we have a chance, we send some officers over there. Mr. REGULA. Do you ever send anybody to Quantico? . Mr. ROOKS. Quantico, we have sent several, but since then-- Mr. REGULA. The FBI. Mr. RooKS. Yes. Most of them, we send our investigators to the Federal Law Enforcement Training Center in Glenco, Georgia. Mr.. REGULA.·I see. Okay.. Thank you very much. Mr. ROOKS. I appreciate it. Mr. REGULA. Very interesting. [The information follows:] 217

Oglala Sioux Tribal Public Safety Commission Public Safety Services P.O. Box300 Pine Ridge; South Dakota 57TT0

TESTIMONY BY PAUL A. ROOKS CHIEF OF POLICE OGLALA SIOUX TRIBAL PUBLIC SAFETY COMMISSION

HOUSE APPROPRIATIONS SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES MARCH 6, 1997

RE: FY1998 Appropriation for Bureau of Indian Affairs

The Oglala Sioux Tribal Public Safety Commission ("Commission"), the law enforcement agency on the Pine Ridge Indian Reservation, submits this statement in support of the Administration's request for an increase of $46 665 million to the Tribal Priorities Allocation {"TPA"l account. which increase includes $8.7 million for law enforcement. We request that Congress place law enforcement allocations in a special account outside of the TPA account to insulate tribal law enforcement programs from any future cuts to the TPA account. We request that Congress continue efforts in funding programs under the Violent Crime Control and Law Enforcement Act of 1994 (the "Crime Bill").

The Commission. Under the Act of February 28, 1877 (19 Stat. 25), in consideration for the confiscation of Sioux lands and hunting rights worth billions of dollars today, the United States undertook to provide the Oglala Sioux with "all aid necessary for civilization" and "an orderly government," and to "protect [each Oglala] in his rights of property, person, and life." Originally, law enforcement was performed on the Pine Ridge Indian Reservation by the BIA. Since 1977, the Commission has provided public safety and enforcement of tribal, federal, and state laws pursuant to a contract with the BIA under the Indian Self-Determination Act, Public Law 93-638, as amended. The Commission currently employs approximately 36 officer positions under its Self-Determination Act contract with the BIA, and 62 officers using Crime Bill grants from the Department of Justice ( "DOJ"). ·

Pine Ridge Indian Reservation. At 4,800 square-miles, the Pine Ridge Reservation is the second largest Indian reservation in 218 the United States. It includes Shannon County, the poorest county in the United States according to the 1980 and 1990 censuses. The unemployment rate on the Reservation is about 85%, and is expected to increase due to federal budget cuts. The alcoholism rate is also very high. Poverty is expected to increase as a result of the Welfare Reform Act.

Need for Increase for BIA & Tribal Law Enforcement. The BIA Budget Justification (p. BIA-62) for FY98 notes that national standards recommend three law enforcement officers per 1,000 citizens, but that the BIA has adequate funds for only one officer for every 43 square miles of reservation and for every 465 members of service population. The proposed $8.7 million increase for law enforcement would be sufficient to hire 400 additional officers in Indian country -- not enough to meet the unmet need, but a step in the right direction.

The Commission's Unmet Needs. The Commission is in urgent need of its share of the requested increase within the TPA account to meet some of its more severe unmet needs. If Congress approves the requested general increase of $8.7 million, the Commission could realize an increase of approximately $450,000. These added funds could assist the Commission in the following manner:

Need to Hire More Officers on a Permanent Basis. The Commission has historically not received adequate funding from the BIA under its Self-Determination Act contract. With a service population of about 50,000, the Commission would need 150 officers to meet the national standards mentioned above. In fact, the Commission would need about 110 officers just to meet the BIA average level of law enforcement services, based on its service area and population. But the Commission has never been able to hire anywhere near this many officers.

In fact, as the result of the FY1995 BIA budget cut, which decreased the Commission's BIA contract funding by nearly $284,000, the Commission had to reduce the number of officers funded under its BIA contract from 56 to 36. This would have nearly crippled law enforcement on the Pine Ridge Indian Reservation if the Commission had not applied for and received DOJ grants.

The DOJ recognized the severe underfunding and understaffing of the Commission, and provided the Commission with grants under the Crime Bill, which enabled the Commission to hire an additional 62 officers starting in July 1995. A recent BIA study of the Commission (the "Review Team Report") stated: "These grants represent an impressive and determined effort on the part of Public Safety to secure additional resources." The DOJ grants have helped immensely to alleviate the shortage of officers, but only on a temporary basis. The grants last only 2 l/4·years, and the oldest of the three grants expires in February 1998. Thus, additional funding must be obtained in the interim in order to retain these officers; otherwise, the Commission will be left

- 2 - 219 eventually with only 36 officers -- fewer than it has ever had and far fewer than the numbers needed, as noted above.

Officers are being trained to do "Community Policing" throughout the Reservation under these grants. The Commission is also utilizing a cultural approach coinciding with community policing that emphasizes a traditional "Akicita" (warrior) society which complements community policing. It is the intention of the Commission to implement this concept through all facets of law enforcement in the next three years in conjunction with community policing. Other grants under DOJ have allowed the Commission to mobilize towards automation, additional training, and specialized services.

Adequate Salaries for Officers. After the Federal Law Enforcement Pay Reform Act of 1990, Public Law 101-509, raised the minimum wages for federal law enforcement officers, Congress increased the BIA appropriation by $5.8 million (FY92 and FY94 total) to bring the salaries of BIA and tribal police officers up to Pay Reform Act levels. The BIA distributed this money proportionately to all BIA-funded law enforcement programs, however, rather than according to each program's need. The Commission's share of these increases ($188,400) was about $400,000 short of the amount needed to bring Commission salaries to the mandated levels. The Commission was able to bring salaries up to or close to the mandated levels in FY94 by reprogramming other funds, but our officers' wages have lagged behind the Pay Reform Act levels since July 1995, when the reprogrammed funds ran out.

It is ironic that the recent BIA Review Team Report found "a high rate of turnover at the police officer position," which "is very costly 0 to the Commission, but also stated that the Commission need not pay its officers the salaries set by the Pay Reform Act. The Report should have acknowledged the obvious that the high rate of turnover has been due in large part to the Commission's inability to pay adequate salaries.

Overall Need for Equipment. The BIA Review Team Report supports what the Commission has been saying for years -- we need more equipment. The report shows that officers and criminal investigators do not have all of the equipment they need to perform their jobs. We agree, and we have been working to correct the situation, but we cannot remedy the problem without increased funding. Perhaps the best example of this is the report's recommendation that the communications system be upgraded and enhanced. For several years we have requested (either through a one-time appropriation or out of the BIA's law enforcement budget) $235,000 to remedy this situation, but the funds have not been provided.

Special Need for Equipment for New Hires. The Commission has no funds to purchase basic equipment for the 40 new officers hired in September 1996 with DOJ funds. A total of $350,800 is needed

- 3 - 220 for uniforms, service revolvers, radios, leased vehicles, and other items. The DOJ funds cannot be used for these expenses. Due to lack of funding for these items, new hires have had to borrow equipment from other officers, buy the equipment using their own money, or make do without the least essential items.

Conclusion. In furtherance of its recognition and support for law enforcement generally, -and for the safety and welfare of the Indian people, Congress should support the Administration's request for an increase of $8.7 million in the TPA account for law enforcement. Congress should also continue funding under the Crime Bill.

- 4 - 221

TliuR.sDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS WITNESSES JIMMIE C. BEGAY, ROCK POINT COMMUNITY SCHOOL REXI,EE JIM, ROCK POINT COMMUNITY SCHOOL JUSTIN JONES, ROCK POINT COMMUNITY SCHOOL Mr. REGULA. Rock Point School, Jimmie Begay. Mr. JIMMIE BEGAY. Good afternoon, sir. Mr. REGULA. How are you? Mr. JIMMIE BEGAY. We're fine. My name is Jimmie C. Begay, school director for Rock Point Community School. Mr. REGULA. What is this, a K-12? Mr. JIMMIE BEGAY. It's a K-12 school system located in northeast Arizona. To my right is Rex Jim. He's our board president. Mr. REGULA. Okay. Mr. JIMMIE BEGAY. And to my left is Justin Jones, also a board member for the school. First of all-- Mr. REGULA. Do most of your kids come in by bus? Mr. JIMMIE BEGAY. We are a day school. Yes, all the students come by bus. Mr. REGULA. No residentials? Mr. JIMMIE BEGAY. No residentials. Mr. REGULA. But you do a lot of busing, I'm sure. Mr. JIMMIE BEGAY. We do a lot of busing, yes. Mr. REGULA. How big an area? How many members in the tribe that are served? Mr. JIMMIE BEGAY. We just have one tribe. We have 544 students at the school, K-12. Mr. REGULA. Okay. Mr. JIMMIE BEGAY. What we'd like to say is, first of all, thank you to this committee and also Congress for appropriating $10 million to replace a junior high and high school complex at 60,000 square feet. We opened up in November of 1996, and the kids are really enjoying the building and they learn a lot. We updated a lot of things-- Mr. REGULA. Good teachers, I used to be a school teacher. Mr. JIMMIE BEGAY. Good, okay. Mr. REGULA. Teachers are what count. Mr. JIMMIE BEGAY. That's right. Mr. REGULA. The building is nice, but you need good teachers. Mr. JIMMIE BEGAY. Yes, that's right. We have that, too, yes. Mr. REGULA. That's good. Mr. JIMMIE BEGAY. What, also, we have is a local autonomy under Public Law 93-638, whereby all the decisionmaking is done by the board. We have parental involvement, which is a plus in our school. Mr. REGULA. That's good. 222 Mr. JIMMIE BEGAY. We really gear to that. The parents have a lot of say-so in the curriculum, and this is how it should be, not where-- Mr. REGULA. Do you get aome of your young people who go beyond the high school? Mr. JIMMIE BEGAY. Yes, that is another plus, where you see to my left and to my right, these two have went through the school system, graduated from high school. They went on to college at Princeton and Stanford, came back, and now they're board members, but they have their own jobs, and we continue to do so now where our young graduates are in colleges; they're coming batk and we have at least 10 that came back and are now certified teachers in elementary and high school. Mr. REGULA. So you have your own, many of your own group, your own tribe, are coming back to teach the work and serve on the school board-- Mr. JIMMIE BEGAY. Yes. Mr. REGULA [continuing]. And work in the system? Mr. JIMMIE BEGAY. Right, that's right: Mr. REGULA. That's terrific. Mr. JIMMIE BEGAY. And we continue to do so at this level at this time with our students, which is a plus, and we feel that with the many, many needs that we have, and also the funding level, that we did an adequate job, and we continue to do so. Mr. REGULA. I assume you're here wanting a little extra money. Mr. JIMMIE BEGAY. That is, we'd like to close the gaps in certain areas, yes. Mr. REGULA. Somehow I figured that out. Mr. JIMMIE BEGAY. Yes, that is a catch also. We run day buses, and the high percentage, at least 75 percent, of our r~ads are dirt roads, and adverse weather conditions-- Mr. REGULA. But' you never get any mud out there, do you? [Laughter.] Mr. JIMMIE BEGAY. Oh, no, no, not really. Mr. REGULA. I wouldn't thi;nk so. It's pretty dry, isn't it? Mr. JIMMIE BEGAY. No, we had a heavy snow this winter, heavy rain-- Mr. REGULA. Oh, did you? Mr. JIMMIE BEGAY [continuing]. And we usually get our buses stuck there-- Mr. REGULA. Do you have mountain areas at all? Mr. JIMMIE BEGAY. Excuse me? Mr. REGULA. Any mountain areas? Mr. JIMMIE BEGAY. We're a low flatland, but maybe 30 miles away we have mountains, mountain areas. Mr. REGULA. Okay, we've got a couple of minutes yet, if there's something else you want to tell us about besides needing money. [Laughter.] Mr. JIMMIE BEGAY. Well, that's one of them. Also, the other thing we just want to be aware that we have 49 schools that are still run by the Bureau of Indian Affairs. Mr. REGULA. You'd rather run your own, wouldn't you? Mr. JIMMIE BEGAY. We run our own schools. What I'm saying is that those 49 schools will eventually convert to a contract grant 223 school basis, and the money is there for-the administrative cost monies are needed. Once you convert to a grant or contract, then the administrative costs and the support funds kick in. Like for all the contract rent schools, we have-last year got 100 percent funding. This year it's only 94 percent. Mr. REGULA. Are your schools located in different areas, like grade schools, or are they all concentrated in one location? Mr. JIMMIE BEGAY. We are concentrated in one area. Mr. REGULA. Okay. So the K through 12 is all at the same place? Mr. JIMMIE BEGAY. Right, yes. Mr. REGULA. Okay, thank you for coming. Mr. JIMMIE BEGAY. Thank you. [The information follows:]

40-073 97 - 8 224

ROCK POIN'l' COMHUNI'I!Y SCHOOL ROCK POIN'l', ARIZONA 86545 Phone (520) 659-4224

STATMENT OF ROCK POINT COMMUNITY SCHOOL BEFORE THE INTERIOR APPROPRIATION SUBCOMMITTEE BIA BUDGET FOR FY 1998

March 6, 1997

Honorable Chairman and the Members of this Subcommittee,

We, the representatives of Rock Point Community School located on the Navajo Nation Reservation, respectfully express our deep gratitude to this Subcommittee and the Congress for the past consideration of providing a replacement building for an unsafe secondary school. Construction was completed and our students have already been in the new facility of over 60,000 square feet now for the second year. We are also grateful for the provision for the Facilities Improvement and Repair (Fl&R) funding, soon to begin as the next step to this construction.

With the same hope as in the past, we wish to submit the following critical budget issues on behalf of Rock Point Community, the students and the staff of this school for favorable consideration.

Rock Point Community which is located in the interiors of Navajo Nation reservation has a defined goal of providing quality bilingual education, with due emphasis for family values, and respect for our culture and language. On the other hand we also aspire to see that our children are true citizens of the United States. As such, we also concentrate on our children's achievement of core curricular knowledge of subjects like English, Math, Science, History and the governments of our state and the USA at par with or better than the national average.

We have realized partial success in spite of funding shortages when we find our students graduating, some of them from colleges. In a community like ours, properly trained youth is the most important asset for our economic and social growth. Hence, we believe investment in the proper education of our students is an investment in the most appropriate direction. We also believe that our students presently in our school should not lag behind to meet the challenges of the technologically fast advancing world ahead of them.

Funding for the Classroom Instruction

The Indian School Equalization Program (ISEP) which provides for the basic instruction of Navajo and other Native American students has chronically been short of the minimum needs. The ISEP Task Force which had studied the minimum need of Weighted Student Unit (WSU) value about five years ago had recommended $3,499. This would have provided a standard education to Indian students comparable to average national 'standard. This amount was estimated to be comparable also with the national average in expenditures per student at that time. But regretfully, neither the Congress nor the Administration has been sympathetic to this need.

The appropriation for this purpose in FY 96 yielded -at $2,904 for SY96-97, $74 less than in the previous year. Appropriation for SY97-98 is estimated to produce $3,075 in SY97-98 if the student enrollment does not increase more than the 3.2% the BIA estimates. We can argue that, with an average WSU of 800, Rock Point School will get about $339,000 less for SY97-98 than the average per pupil expenditure for public schools in SY92-93. The result is that we have great difficulty competing to hire trained and qualified teachers who can stay and enjoy teaching at this school. 225

The cost of classroom instruction has gone up by 6.13% per year. But the Congressional appropriation has been unpredictable to match with the increase, sometimes even less tl:lan the . preceding year, as is the case in the current School Year.

This results in (a) a large turnover of qualified and experienced teachers, leading to disrupted . curricular efforts in IT!eeting the national standard; and (b) niany BIA-funded schools, Including this school, having to cut down instruction hours, or lay off experienced teachers or impose a salary freeze.

Whereas t~e national concern is putting more funds toward ed,ucational efforts to produce the best high school graduates with separate funding for advanced technology in the schools, ISEP funding is far short in providing an education to match with the national standards. This is not to talk of the need for preparing our students technological!~ fcir tomorrow's world.

If the 1868 Treaty obligation of providing quality and results oriented education to Navajo children has to be honored, the WSU value for FY 98 must at least be as much as recommended by the ISEP Task Force for School Year 1993-94, i.e. $3,499.· Thus the ISEP appropriation should not be less than $333.8 million.

Student Transportation

Transportation of the students from home to school is•as important as classroom instruction. For Rock Point Community, which is scattered over a radius of 15 miles, most of the students' homes or a meeting point is accessible only by dirt roads·. These roads become very muddy or icy during the winter, necessitating extra expenditures for maintenance and repair.

Not only that, the mileage count does not include most of the extracurricular activities nor mileage incurred for repair or maintenance and, in the case of some schools, for fueling the buses. For Rock Point, the nearest place for maintenance and servicing is· around 250 miles round trip. Our buses _are 6 to 8 years old, guzzling m_ore gasoline and requiring more frequent repairs. It is unfortunate that whereas GSA-rental rates have again-been increased, the mileage rate that BIA provides is almost constant.

The cost of transportation is short at least by 30% on average at the rate the mileage has been provided in the last several years. The statistics bEllow will illustrate the fact. This is mainly because our transportation funqing has ·so far fluctuated· at $1.51 to $1.55 a mile. The actual cost of transportation for Rock Point is $2.43 per mile. It is worth noting that the national average of trarisportation funding two years ago was $2.34 a mile. · ·

SY Minimum Need BIA Provided ISEP $ Used Shortage% 95-96 $479,316 $323,800 155,516 32.5% 96-97 $523,732 $359,100 164,632 31.4 % 97-98 $523,455 $401,300 122,155 23.3% (estimate)

We have tried to minimize our transportation costs by cutting down on extracurricular trips for the students. As the mileage remains almost constant, the dipping into classroom Instruction funds does not increase. But we cannot ignore the fact that extracurricular activities are an important part· of education. ·

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We cannot keep our transportation cost limited to the funding provided, because, if the students are not brought to school from home, we will neither be fulfilling our obligation to the community nor will there be much of a class.

We, therefore, urge that transportation be funded at a level that each BIA-funded school gets at least a.rate of $2.43 per mile. This will require Congress to appropriate at least $47.7 million. Then and only then, win we be able to stop using ISEP funds for transportation.

Operation & Maintenance of Facilities

This fund for which the minimum need for a school is determined by the use of a FACCOM formula is another area chronically short of funds. On the average not more than 67% of the needs assessed by the formula has been provided in the last several years. This results in continual deterioration of the facilities, creating an unhealthy and counter productive educational environment. The deterioration of the facilities causes further need of Facilities Improvement & Repair fund which Is lagging so far behind. Though there has been a slight increase of $5.3 million in this fund for the FY 97 budget, we doubt that it will be able to fund even 90% of the need. If a similar amount is added in the FY 98 budget, we estimate it will again meet about 90% of the need based on the fact that some new schools have been constructed and the area to maintain has increased or will increase by nearly 800,000 square feet, as a consequence.

Quarters Repair and Improvement Funding

Rock Point Community School has 57 units of housing for an average of 130 employees each year. Out of the total, five units have been vacated for life safety reasons. Most of the units were built in the 1960's and all of them need renovation to meet minimum safety requirements.

Also, as In the past, we again request to build 15 to 20 new housing units to meet the shortage and , to replace 22 portable houses, all of which have asbestos contamination.

We urge this subcommittee to approve this request again arid provide an adequate sum for the purpose. ·

Administrative Cost Fund

Distribution of the Administrative Cost fund has been somewhat encouraging in the last couple of years as it was distributed 100% In the last year and it is expected at 94.4% In the current year. However, the Increase of $5.6 million for FY 97 should not be counted to increase the percentage of the payment as slated for the number of BIA-operated Navajo schools converting to Grant or Contract Schools. Since more and more BIA-funded schools are intending to tum grant or contract every year, we find that an addition of a similar amount each year to the previous year's allocation will merely keep up with the increase in the number of those additional schools for whom Administrative Costs will be needed.

We, therefore, respectfully urge this Committee to Increase the FY 97 appropriation for the Administrative Cost Fund by at least the same amount, or $5.6 million.

Conclusion

The Rock Point Community, its school students and staff understand and appreciate the necessity of balancing the national budget. However, we have observed in the course of several years that - 3 - 227

Indian Education and its concerns, more specifically its funding needs, have been treated as a low priority for the Administration as well as the Congress. This has resulted in pushing our students farther and farther behind the national norm. We believe that an increase of $40-$50 million for Indian Education would have a negligible impact on efforts to reduce the national deficit, but it really would help Native American students to meet the national standards.

We also believe that our students are the main resource of the economic and social advancement of our community and that proper education at par with the national average is an investment of which they should not be deprived.

We hope that the Navajo Community of Rock Point and other Native Americans will not be disappointed by inadequate funding for the education of our children in FY 98 and that the Congress and the President will honor the Treaty obligation with the tribes for the quality education of their children.

We are thankful again to this subcommittee for its past support to Indian Education in general and to the Rock Point Community School particularly. We hope that our request today will receive the Committee's due consideration.

Thank you.

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TliuR.sDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS WITNESSES FAYE BLUE EYES, SHIPROCK ALTERNATIVE SCHOOLS, INC. GENEVA YAZZIB, SHIPROCK ALTERNATIVE SCHOOLS, INC. JULIBTrE LARGO, SHIPROCK ALTERNATIVE SCHOOLS, INC. Mr. REGULA. Shiprock Alternative Schools, Inc., Faye Blue Eyes and Juliette Largo; is that right? And Geneva Yazzie; is that right? Okay, is this a K through 12? Ms. BLUE EYES. Yes, it is. Mr. REGULA. Located where? Ms. BLUE EYES. Shiprock, New Mexico. Mr. REGULA. Okay, how many students do you have? Ms. BLUE EYES. About 400 students from-actually, we have a child care development. center also. So we serve 6 weeks to 4 years old with that. Mr. REGULA. Do you have a school board-- Ms. LARGO. I'm the school board president. Mr. REGULA. You're the president of the board. And you're? Ms. YAZZIE. Geneva Yazzie, student council president. Mr. REGULA. Okay, you're a student then. What are you, a junior, senior? Ms. YAZZIE. I'm a senior, sir. Mr. REGULA. A senior? Ms. YAZZIE. Yes. Mr. REGULA. And you're? Ms. BLUE EYES. I'm the executive director. Mr. REGULA. So you're the superintendent, in effect, of the school. Ms. BLUE EYES. Yes, sir. Mr. REGULA. Okay. I presume you need some additional funding. Ms. BLUE EYES. Well, what we're mainly here to say is to let you know that we need new school facilities. Mr. REGULA. Are your buildings all at one location for the whole system? Ms. BLUE EYES. Yes, it is. Yes. And they're 50-year-old dormitory buildings whose interior walls were knocked out to convert them to classrooms. Mr. REGULA. So you have resident students then? Ms. BLUE EYES. No, we don't. Mr. REGULA. Oh, they're not. Ms. BLUE EYES. No. Mr. REGULA. Then why did you say dormitories? Ms. BLUE EYES. The buildings were dormitories originally. Mr. REGULA. Which are now converted? Ms. BLUE EYES. Yes, we just knocked down the interior wall-- Mr. REGULA. Okay. Ms. BLUE EYES [continuing]. And then it became a classroom. Mr. REGULA. But you bus all your students in? Ms. BLUE EYES. The majority of them. There's another separate program on our campus who provides the residential for about 50 of our students. 229 Mr. REGULA. Okay. Ms. BLUE EYES. And what we're mainly here for, like I said, is our need for new school facilities. We are on the new school construction priority·list. We got on it in 1993. Mr. REGULA. With BIA? Ms. BLUE EYES. Yes, sir. And, currently, we would say we're probably sixth on the list, and we were very disappointed in the BIA that they requested for one funding for the school that was before us, and so we're asking-- Mr. REGULA. So they did get down to No. 5? Ms. BLUE EYES. No, we would be at six if that one is funded, which is Many Farms. So we're asking that the committee two priority projects on the list, so we would get our new school in three years. Mr. REGULA. There are limits on the priority list, and you want yours on, too, is that it? Ms. BLUE EYES. No. On the new school construction list, there originally were like six, ten schools added, and we got added in 1993 at No. 12. Since then, those schools above us have been funded. So when we take them off the list, we're like about sixth. Mr. REGULA. So you're getting closer. Ms. BLUE EYES. Yes. Mr. REGULA. We assume you have a problem? Ms. BLUE EYES. Yes, we do, and some of the examples of our problems is, like I said, our buildings are almost 50 years old. We have numerous fire code violations. We no handicapped accessibility. We have asbestos underneath our building and in the walls. Our water pipes are rusted that we have to provide bottled drinking water for students and staff. We have numerous leaking roofs, and we have no gymnasium facilities. We have no cafeteria. So we have to use the service of another organization on our campus who provides that, and it's very unsecure. But what we'd like to tell the committee is, despite our buildings' conditions, we have an innovative instructional program that meets the needs of the students at the elementary and the high school, and we feel like we're running a successful program. Mr. REGULA. Do some of your students go on to college or technical programs? Ms. BLUE EYES. Yes, they do, or the armed services. Mr. REGULA. Do you get some of them that come back as teachers? Ms. BLUE EYES. Not as teachers yet, but as a member of the staff they have come back. Mr. REGULA. Do you want to be a teacher? Ms. YAZZIE. Yes; sir. Mr. REGULA. Good. Good. It's a good profession. Ms. YAZZIE. Thank you. Mr. REGULA. You're a senior. So where will you go to college? Ms. YAZZIE. San Juan College. Mr. REGULA. Is that nearby? Can you live at home? Ms. YAZZIE. It's not too nearby; it's 30 miles away. Mr. REGULA. Okay. Is that a residential college you would go? Ms. YAZZIE. No. Mr. REGULA. So you'd live at home and commute to this school? 230 Ms. YAZZIE. Yes. Mr. REGULA. Is that a four-year college or a two-year? Ms. YAZZIE. It's a junior college, yes. Mr. REGULA. A junior college. . · Okay. Anything else? We've got about half a minute yet.' Ms. BLUE EYES. Okay, I'll let her have some time. · Mr. REGULA. Okay. . Ms. YAZZIE. Good afternoon, Mr. Chairman and members of the subcommittee. My name is Geneva Yazzie. I am a senior at Shiprock Northwest High School. I am also the president of the student council. Two years ago, I chose to attend Shiprock Northwest, even there were fancier and newer high schools around the area. Our school may be older and run-down, but it offers something else: the smaller class size and the one-on-one instruction really makes a difference. The teachers know us and they care. about us. Do you know how important that can be? Mr. REGULA. Absolutely. Ms. YAZZIE. The teachers know that many of us have made mistakes in the past, and they make us believe that we can still learn and become a productive part of society. Many of my fellow class- mates did not have a choice. Shiprock Northwest High School was their last chance, and we know a lot of us are making it. We desperately need this style of alternative education on the Navajo reservation. Without it, the United States could lose a whole generation of youth. Please provide us with the school facilities that we need. Thank you. Mr. REGULA. Thank you. So you had an option to go to another school other than your own? Ms. YAZZIE. Yes. Mr. REGULA. And you chose to stay with this? Ms. YAZZIE. Yes. Mr. REGULA. I hope you'll go back there as a teacher. Ms. YAZZIE. Yes, I will. Mr. REGULA. Thank you. Ms. BLUE EYES. Thank you very much. [The information follows:] 231

SHIPROCK ALTERNATIVE SCHOOLS, INC. P.O. Box 1799 Shiprock, New Mexico Dine Nation 87420 (505) 368-5144 & 368-4904 Fax: (505) 368-5102

Testimony of FAYE BLUE EYES, EXECUTIVE DIRECTOR SHIPROCK ALTERNATIVE SCHOOLS, INC. Navajo Nation, Shiprock, New Mexico

Submitted to

HOUSE INTERIOR APPROPRIATIONS SUBCOMMITTEE

FISCAL YEAR 1998 BUREAU OF INDIAN AFFAIRS BUDGET

March 6, 1997

Shiprock Alternative Schools, Inc. (SASI) administers an alternative education program for 159 high school students, and an elementary education program for 180 students from Kindergarten through Sixth grade. SASI is unique in its concept of a holistic learning environment conducive to the highest level of learning for our diverse elementary and high school students. For 20 years we have successfully managed our alternative and elementary programs under a P.L. 93-638 contract. We are now in our seventh year of successful P.L. 100-297 Grant administration and maintain a Staff Quarters Program of ten units, serving Shiprock Alternative Schools, Inc.

So that SASI may continue its successful "alternative" high school and elementary programs, we respectfully ask this Subcommittee to fund at least two projects per year on the New School Construction Priority List. We were very disappointed that the BIA only requested funding for one new school construction project in the FY 98 budget. Our facilities are in desperate need of replacement and your commitment to funding at least two priority list projects per year will ensure that Shiprock's replacement school can receive funding within the next three years. SASI'S "ALTERNATIVE" PROGRAMS

Our high school and elementary programs are "alternative" because they offer non-traditional education programs. The fundamental philosophy of SASI is based on ·.Dine', and -other American Indian philosophies of life, and incorporates the positive attributes for the well being of our native People. The innovative high school program was established by the Navajo 232

Nation in 1976 to serve "at risk" Navajo high school youth experiencing social and academic problems in the conventional education program. We are the school of last resort for students who have previously dropped out of school, have become pregnant and need child care in order to continue studies, or have had disciplinary problems at previous schools. Our "alternative" high school program provides a second chance perhaps the only chance -- for those youth that are most likely to be lost to society.

The elementary program is based on the principles of early intervention and prevention. The program focuses on the academic and social needs of the individual students, blending conventional and traditional educational methods. Accordingly, the class sizes are intentionally kept small to encourage substantial teacher- student interaction and individual attention. A few y~ars ago, BIA approved o.ur request to advance one grade per year, with the ultimate goal of providing grades K through 8. To do this, however, we have to reduce.by one kindergarten class each year in order to have the space to provide the new grade level. The program has been such a success that, since its inception, we have not been able to accommodate all students wishing to participate. This year, for instance, 37 students are on our waiting list.

NEW SCHOOL CONSTRUCTION

In January, 1993, SASI was added as the 12th school on the New School Construction Priority List and we are currently undertaking the planning and design phases that precede construction. Facilities replacement is the only option for the schools on the priority list because their facilities are in such dreadful conditions that rehabilitation and upgrading are not feasible. Below is a sampling of the conditions faced by SASI that caused it to be placed on the priority list, and a glimpse at how these conditions and our current space inadequacies have caused us to configure some of our classes.

SASI's buildings are nearly 50 year-old dormitories whose non supportive interior walls have been knocked out in order to create classroom space. As a result, numerous fire code violations exist. According to a 1988 facility code compliance survey and BIA inspection validation by architects and engineers, the "buildings were originally designed as dormitories and are not safe or suitable for use as educational occupancies." The report identified code/safety items requiring immediate attention including inadequate egress from the classrooms; flame spread rating of finishes in the corridors; fire-rated separation between boiler room; and updating of the fire/smoke alarm system in the buildings. For instance, the classrooms do not have direct exits to the outside or rescue and ventilation windows. Most of our

- 2 - 233 doors do not meet fire code standards. SASI has only an audio fire alarm system. Safety codes require an audio-visual and communication system. Only one of our three buildings has a working sprinkler system and even that is not up to code standards.

The building interiors are not handicapped accessible. No doorways, bathrooms, or water fountains were built for or have been modified to accommodate the handicapped students, particularly those in wheelchairs.

The heating system is in complete disarray. For example, our botler creates such uneven heating that our children at one end of a building must wear gloves and coats, while staff and students at the other end open windows to cool off their classrooms. In addition, because the boilers are inadequate to handle heating each of the entire buildings, they shutdown frequently from the overload, causing our children to go without heat at all. The cast-iron radiators in the building where our classrooms are located take up some of the much needed space.

None of the buildings have rain gutters. Rain often accumulates around the breezeway areas, sometimes up to a foot. The students cannot avoid tracking water and mud into the school which creates dangerous slipping and falling. Roof shingles are loose or missing in patches, causing leaks that make the problem worse. Some leaking even occurs in the main line electrical area.

One of the most egregious conditions that we and our students must face is the presence of asbestos underneath all our school buildings and in some walls. No Facilities Management personnel are available to check for asbestos fragmentation or undertake removal. This also prevents repair work on electrical and water lines. The water in all buildings is rusted, so bottled drinking water must be brought in. The hot water is orange in color, rendering it useless.

Despite all of the foregoing inadequacies, which are not unique among Indian educational facilities, our "alternative" programs are so successful that we have a substantial waiting list for both the high school and elementary. We are making a difference in the lives of the young people that attend our programs. Nevertheless, for us to continue this success, we must have a facility that will not place our students in constant danger, but, instead, will nurture their educational experiences.

Shiprock Alternative Schools, Inc. has, for the past 20 years, been forced to operate in outdated and unsafe school buildings. Unfortunately, similar dilapidated school facilities exist throughout Indian Country which must be renovated or

- 3 - 234 replaced. We were thus disappointed to see that the BIA request for FY 1998 only seeks funding for construction of the Many Farms High School Replacement, a school ahead of SASI on the priority list. Education for our children is fundamental for self- sufficiency; therefore we strongly urge Congress to increase funding for Education Construction within the Department of Interior Appropriations. We hope that Congress will provide not only the money for construction of the Many Farms High School_, but also money for at least one other school on the priority list, so that our need will eventually be met.

We ask that Members of the Subcommittee imagine one of your young loved ones attending a school in the same condition of our current facility. If you could provide this loved one a newer, safer school environment, would you not do so? Accordingly, we strongly urge you to take the steps necessary to fund at least two New School Construction Projects per year.

- 4 - · 235

THURSDAY, MARCH 6, 1997. URBAN INDIAN PROGRAMS WITNESS RONALD D. MORTON, SAN DIEGO AMERICAN INDIAN HEALTH CENTER Mr. REGULA. Three Affiliated Tribes, Ft. Berthold reservation, Mr. Mason, the chairman. They're not here. Okay. United Tribes Technical College. San Diego Indian Health Center, Ron Morton. Mr. MORTON. Does that mean I get their time, too? [Laughter.] Mr. REGULA. No, they just advised us they're on the way. So we'll get it on the tail-end. Mr. MORTON. I'm here to represent the urban Indian health programs in the country. We have 36 urban Indian health programs right now. As this committee has learned in prior years, IHS funds us to approximately 25 percent of our need. Mr. REGULA. You're in San Diego? Mr. MORTON. I'm in San Diego. Mr. REGULA. But you serve the country? Mr. MORTON. Well, I'm speaking for all the urban programs in the country. Mr. REGULA. Oh, but you deal directly with the San Diego problems? Mr. MORTON. Right, right. Mr. REGULA. Okay. Mr. MORTON. And we've always had a tremendous need in terms of trying to meet the needs.of the communities that we serve. We serve primarily Indian folks in the urban centers. We also serve non-Indians who come into our clinics. Mr. REGULA. You serve them with clinics- Mr. MORTON. That's·right. Mr. REGULA [continuing]. And they enter a hospital facility? Mr. MORTON. No hospital facilities at all. Mr. REGULA. Just clinics? Mr. MORTON. Just clinics. Mr. REGULA. Where do they go if they need something beyond the clinic? Mr. MORTON. To th~ county. Mr. REGULA. To a' facility operated by the county, which in San Diego would be-- Mr. MORTON. Right. It would be UCSD hospital in San Diego. Mr. REGULA. Do you pay for that service then? Mr. MORTON. No, we don't receive any funding at all to do that. Mr. REGULA. So the county absorbs the cost? Mr. MORTON. Right, right, which is one of the points that I wanted to bring up. I believe that putting money into urban programs at this point is an investment in terms of allowing us to hook-up with the third party reimbursement programs that can offset our costs. What I'm asking for here, like everybody else, I'm asking for money, also thinking that it's probably not going to happen, but I feel like I have an obligation to the other programs for it. 236 We need money to improve our infrastructure. Many of our facilities and buildings are very, very old. We have--my clinic, in particular, in San Diego, we're in an 80-year-old building. Mr. REGULA. You get your funding from IHS? Mr. MORTON. We get 25 percent of our funding from IHS. Mr. REGULA. Where does the other 75 come from? Mr. MORTON. We get-well, that's the problem. We get funding, some funding, through the State, and ~e also get FQHC reimbursement. But we usually operate at a deficit. If we can even make ends meet, a lot of the improvements that we need to make in terms of keeping up the pace with managed health care, we can't do. We manage to keep our doors open ·and provide services, but now we're faced with a situation where we have to bring our facilities up to JCAHO and Knox-Keene standards: We don't have the money to do that. This year IHS has recommended a budget increase of a million dollars. Mr. REGULA. That is for yours? Mr. MORTON. For urbans, right. Just for urbans, just for urbans countrywide. The National Indian Health Board recommended an increase of $4 milµon for urban Indian programs, and we apprecia~ their attention to our needs in that respect. We need this money to reach certification standards. We don't have--many of our programs are not certified under the Americans with Disabilities Act. Mr. REGULA. So you're speaking really for all the urban Indian health centers? · Mr. MORTON. For all 36--- .Mr. REGULA. They all have problems similar to yours? Mr. MORTON. Right. And I would say probably 80 percent of them serve populations in the cities where they reside that aren't Indian as well. I don't want to take up a whole lot more time other than to recognize that this committee has helped us out in the past, and we appreciate that. We see a burgeoning need. We want to compete. We want to become self-sufficient, and the way for us to do that is to expand our facilities. I want to make another point real quickly. We could access volunteers and interns and get reimbursement for those services if we had the room, if we had the space. Mr. REGULA. You don't even have that? , Mr. MORTON. We don't even have the space.' Mr. REGULA. Thank you. Mr. MORTON. Thank you. [The information follows:] 237

.SAND!EGO AMERICAN INDIAN HEALTH CENTER

excellence in health care wWt respect.for custom and tmdition

Ronald D. Morton, Executive Director March 6, 1997 San Diego American Indian Health Center

Testimony given to the House Appropriations Subcommittee on the Interior and Related Agencies on Behalf of All Urban Indian Health Programs, and Title V programs.

Chainnan Regula ll!ld members of the House Appropriations Subcommittee on the Interior and, Related Agencies. My name is Ron Morton. I am the Executive Director of the San Diego American Indian Health Center. I am here to represent all the Urban Indian Health and Title V Programs currently funded by IHS. We would like to request the committee appropriate 4.1 million dollars as in an increase to the budget of Urban Indian Health Programs through Indian Health Services. IHS has proposed an increase of one million dollars even though the National Indian Health Board recommended an increase of 4.1 million dollars. Urban Indian Health Programs need· a greater increase because of lack offinancial support for upgrading and expanding current facilities in order to compete in the managed health care arena. Increased funding for facilities upgrade will allow greater access to third party reimbursement thus decreasing the burden of Urban Programs on the Federal Government. In addition I am including a request by Ralph Forquera, Seattle Indian Health Board, for 250,000.00 for support of an American Indian/Alaskan Native Family Practice Residency Program, designed to prepare physicians to work with Native American patients. Urban Indian Health Programs have existed in a gray world since their inception in the 1970s, neY~. enjoying the same status as Tribal programs and never being apart of the Urban centers within which ~ese·· · programs reside. The question foremost in our minds is whether or not we have the same right to representation as our brothers and sisters on the reservations or do we somehow represent a new class of people in Indian country, created by a system that often seems indifferent to our needs. We have always existed in the world between the two cultures. As a result, many urban Indian youth grow up knowing little about their culture because oflack of contact with family elders who carry on the traditions of their tribes. While on the face of it this may not seem such a crucial issue, it is clear to us in the Indian community that there is a clear and important link between health and culture among our people. I tell you these things so that you understand that though we may be Urban Indians, our needs as Indian people are no different from those living on reservations and in some ways may be more complex. Though our needs are the same, we are consistently overlooked by the Federal Government. We were overlooked when IHS negotiated the current Memorandum of Agreement with the Health Care Financing Administration. The end result is that while the Tnbes were guaranteed a minimum FQHC reimbursement rate under the memorandum, the Urbans have been told that it will take an amendment to the Social Security Act to include us. We have also been ignored in regards to the Federal Torts 3:Dd claims act. We have not been included even though inclusion could decrease our insurance cost;s dramatically. Another area that we are concerned about and wish to have input into is the reauthorization of the Indian Health Care Improvement Act. We must be included in thjs process. So, having recognized that our need for attention exists, I come to speak to you today, not as another voice clamoring for more money, but to establish to this committee the wisdom of investing money in Urban Indian programs.

2561 1st AVENUE SAN DIEGO, CA 92103 (619) 234-2158 Fax (619) 234-0206 238

Urban Jndjan Programs As Investments: First I want to acknowledge this committees' continuing effort to improve its relationship with Urban Programs. Without your support we know that we would be facing impossible opposition in seeing to our needs. With your support, Urban programs have taken the 25 cents per dollar of need and leveraged it into an amount that comes closer to solving our problems. Although we are only funded to 25% of our need by IHS, we manage to build that 25 cents into a more useful amount through third party reimbursement and private contnbutions. In addition, when this committee spends money on an Urban Indian Program, it is spending it in the non-Indian community as well. Currently, at the San Diego American Indian Health Center 30% of our client load is non-Indian. This is true of most Urban Indian programs. Non-Indians come to us because of the high quality of our services and because we allow them to participate in a sliding fee scale which makes health care more affordable for them. We do this despite the fact that we account for only 1% of the IHS budget while accounting for 60% of the population. This year the National Indian Health Board has recommended a four million-dollar increase in Urban Indian Program funding. In the process of budget negotiations that amount has been paired down to one million. We are grateful for this increase but it falls far short of our needs. It is our hope that-this committee will revisit this budget line item in terms of recognizing the kind of return on the dollar that Congress gets when it spends money on Urban Indian Programs. Because we are funded to only 25% of our need, we are left with a great burden in terms of serving our communities. So, what then, have we done, dealing with this dilemma?

Urban Indian Jnnnyatjon: Urban programs have tapped their own reserves of creativeness to deal with the needs of their communities. We have been able to leverage the funding given to us by IHS to establish contracts with State programs, private foundations and third party reimbursement in order to offset some of our costs. We have established innovative collaborations such as Many Nations in Recovery, a program that taps into county funding in order to provide alcohol treatment services to Indians throughout San Diego County. Many Nations is a collaboration of Urban and Tribal programs that enjoys the support of all of San Diego County and is recognized by the county of San Diego as one of the most cost effective and successful programs funded by the county. This innovative program probably saves the county and the state hundreds of thousands of dollars by preventing alcohol and drug related illnesses. In addition, we provide holistic approaches that address all the needs of the person at a physical, emotional, and spiritual level. Urban Indian programs throughout the country are pooling their resources with non-Indian programs in order to stretch the money further. This occurs in the form of consortiums that cut costs for medical supplies, pharmaceuticals, health insurance and administrative tasks.

Funding: Urban programs need additional funds to support and improve infrastructures. Because urbans do l).Ot enjoy the same relationship with the government as the tribes, we are not able to access funds for building improvements, or expansion of facilities. We could be bringing in more funds through third party reimbursement for visits handled by interns and volunteers ifwe had the space available. Many Urban programs do not have facilities that fulfill the requirements of JCAHO and Knox-Keene certification. Many programs are lodged in buildings that have been certified by IHS to be environmentally unsafe but we have no access to funds that would allow us to make the changes that we need. 239

Legislation: We have not been included in the HCFAMemorandum of agreement and have been told that we must await the amending of the Social Security Act in order to be included. This means that while the tribes will enjoy a guaranteed FQHC reimbursement rate, the urbans will be left to fend for themselves even though we serve the same clients. We are not covered by the Federal Torts and Claims even though other Tnbal and Non-Indian community clinics are. This a gross inequity and probably costs Urban Indian Health programs hundreds of thousands of dollars a year in insurance premiums. There is no clear methodology for inclusion of Urbans in the revision of the Indian Health Care Improvement Act.

What We Want from this Committee

The Urban Indian Health Prognms would like this committee and ms to appropriate 4.1 million dollan to increase our current budget and give us the funds to make infrastructure and facilities improvement that will increase our ability to access third party reimbursement and improve our ability to compete in the managed health care arena thus making us less dependent on the Federal Government.

What we want from CongrcM as a whole

A guarantee by congress that Urban Indians will be treated as tribal in regards to certification of agreements that impact Indian Health Care.

A guarantee by congress that Urban Indian input will be induded in the planning of the n:authorization of the Indian Health Care Improvement Act.

Inclusion in the Federal Torts and Claims Act

Indians are Indians wherever they reside. The notion that somehow we give up our rights to representation because we no longer live on reservations is ludicrous and denies the right of every man and women to live where they may in this country. It also denies the reality of the extreme and oppressive way that the government has dealt with Indians over the centuries, forcing them to live in areas which provide no opportunity for improvement in their quality of life. We are asking that we be treated u Indian people, with the same consideration for our sick and elderly u those who live on the reservation. We are asking to be allowed to be Indian.

Current Federal Funding for San Diego American Indian Health Center

Indian Health Services 500,000.00 (medical, dental. mental health, substance abuse)

Center for Disease Control 250,000.00 (HIV education, Case Management)

FQHC reimbursement 100,000.00 (California Medicaid) 240

TmmsDAY, MARcH·6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESS RUSSELL "BUD" MASON, THREE AFFILIATED TRIBES, FI'. BERTHOLD RESERVATION Mr. REGULA. I understand the Three Affiliated Tribes are here. Mr. Mason. Mr. MAsoN. Thank you, Mr. Chairman. I'm Bud Mason, chairman of Three Affiliated Tribes in Ft. Berthold reservation in North Dakota. I have submitted my formal presentation-- Mr. REGULA. Yes. Mr. MAsoN [continuing]. But there are some concerns I have, Mr. Chairman, that, as you know, the northern States, especially North Dakota and Montana, we've really had one of the severest winters that we've had in 30, 40 years. We have a couple of concerns. One of the concerns is the lack of participation in emergency re- sponses by Indian Health Services and the BIA. The response was zero. Mr. REGULA. You mean to these disaster-type situations? Mr. MAsoN. Right, exactly. And, you know, that leads me to the other concern with Indian Health Services. On my way flying out here I was reading a report that they had for a design for a new IHS. It tells about how it's going to improve services. The problem I have, Mr. Chairman, is -that the initiative that was put forth by Indian Health Services and their Indian health design team cannot be translated into additional services. Even though I think the Congress has been generous in increases, at the reservation level our services have deteriorated. There's been a lack of resources. Our tribe has had to provide dollars for transportation of patients to contract hospitals. We've had to, in many cases, provide glasses for our elderly. My personal experience on two occasions was a week before No- vember, when I had a tooth problem, I called the IHS dental office and they said, "Come back January 10th and we'll get an appointment for you." So, you know, if that happens to me as the chairman, you can imagine the number of people that have to go through the same thing. We've been waiting for, we're entitled to, two doctors up there. We've been waiting for two years for their recruitment of an additional doctor. We've had visits from Assistant Secretary Lee. We've had _visits from Dr. Trujillo's office, Mr. Doug Black, Dr. Ben Wagon, that produced zero. During this period of the disaster that was declared by the Presi- dent, we had some problems. The tribe had to transport dialysis patients and got no response by Indian Health Services. Also,. there was no response in this whole disaster situation by the Bureau of Indian Affairs. So, you know, anything that the Indian Health Services or BIA qan proclaim as far as their successes, unless it can be translated into additional services or resources for us, it's mean- ingless. 241

Mr. REGULA. You want dollars. Mr. MAsON. Exactly, we want the resources, and we can manage the resources. We have the capabilities. We've been waiting for two years for our tribal share of the 638 contract. About 19 entities of the Bureau of Indian Affairs-- Mr. REGULA. And you do represent three tribes? Mr. MAsON. Three Affiliated Tribes, yes. Mr. REGULA. And they collectively deal with the heaUh service problems? Mr. MAsoN. Yes, they do. Mr. REGULA. And the IHS, then, theoretically funds this central point? Mr. MAsON. Right. ·Mr. REGULA. Do you have physicians or do you just have the clinics? Mr. MAsoN. We have the clinic. We don't have a hospital. We have a clinic, but we have one physician, where the tribe is actually entitled to two. Mr. REGULA. Do you have three clinics, one for each tribe, or what? Mr. MAsON. No, one single clinic. Mr. REGULA. So the tribes are closely affiliated? Mr. MAsoN. Right, they've been together since the middle 1800s. Mr. REGULA. Oh, I see, the reason, the tribes live on one reservation? Mr. MAsON. Right, exactly. Mr. REGULA. Oh, I see, and so you basically share everything. Mr. MAsON. It's really a sad situation because we can go four miles into New Town itself to a non-Indian clinic and we are able to see a physician, those of us that have insurance, within 20 minutes, but if you go to Indian Health Services, you're lucky if you get an appointment; if you do, you're going to sit there for three or four hours. All of these initiatives that I see coming out from the Bureau or Indian Health Services means zero to us. Mr. REGULA. I hear you. Mr. MAsON. I think if they could manage their resources a lot better or allow us to manage those resources, we could do a heck of a lot better job than they could. Mr. REGULA. I hear you. Thank you very much. Mr. MAsON. Thank you. [The information follows:] 242

TESTIMONY

RUSSELL D. MASON, SR., CHAIRMAN THREE AFFILIATED TRIBES OF THE FORT BER.TIIOLD RESERVATION OF NORTii DAKOTA

Before Representative Ralph Regula, Chairman, and Members of the U.S. House Interior Appropriations Subcommittee on Interior and Related Agencies

March 6, 1997

Thank you, Chairman Regula.and distinguished Members of this Committee, for the opportunity to

present testimony on behalf ofthe Three Affiliated Tnbes of the Fort Berthold Reservation of North

Dakota, regarding appropriations ofInterior and Related Agencies.

I am Russell D. Mason, Sr., Chairman of the Affiliated Tribes of the Mandan, Hidatsa and Arikara people of the Fort Berthold Reservation. We have a tribal enrollment of 10,500. Of that total enrollment, 5,700 live on or near the Reservation located in rural North Dakota

·President Clinton's National Perfonnance Review initiative, headed by Vice President Gore, was about change-historic change-in the way Government works. We understand and commend the

President's initiative to create a more effective and responsive Gov~ent by moving from red tape 243

to results. We support the President's initiative to change the way Government operates-to shift

from top-down bureaucracy-as a means of reducing the budget deficit.

In the Government's effort to "top-down" bureaucracy, the concept of Tribal Shares was once

offered to Tribes. Under this offering. individual Tribes who elected·to receive their share of Area

and Central Office budget dollars. could expand existing services or assume functions for which funds

had been specifically all~ We supported this offering and voiced our election to receive our

Tribal Share of Area and Central Office allocations in order that available funding could be more

responsively directed to the people for whom services were intended to be delivered.

We have yet to rec:eive our Tribal Share ofArea and Central Office allocations and are concerned that the shift from "top-down" bureaucracy-by implementing the Tn"bal Shares concept-has not taken place for Tribes who are prepared to pedbrm services at local community levels.

We administer and perform. contracted functions in accordance with the Indian Self-Determination

Act and attempt to deliver needed services within ez:treme budgetary constraints. The implementation ofthe Tribal Sbm:s concept would have an impact-a measurable impact-on the ability ofTribes to cany out contracted functions and activities.

2 244

We realize that the process of shifting bureaucracy to the local level is an administrative process;

however, we also recognize that the amount of money for programs for local-level service delivery,

is extremely limited. We know that the testimony we are providing, today, for limited funding to be

plugged into specific programs, will never fully meet the needs of Indian people.

The impact of Welfare Reform is a major concern to Tribes on Reservations that ·are isolated and far

removed from any opportunity to work. We are not a nation of people V.:ho·V.:ould rather be on

Welfare than work. Jobs simply do not exist in rural America. And, the opportunity to create jobs

is virtually non-existent.· The Fort Berthold Reservation in rural.North Dakota stretches across more than 1,500 square miles, six counties and straddles a large lake created by the Garrison Dam.

The Reservation is made up of five major segments, with the majority of the Tribes' members living in isolated and remote areas throughout the Reservation The cities of Minot, Williston and Bismarck are the closest io the Fort Berthold Reservation, but range in distances that expand from 170 to 320 miles. Transportati~n is a major problem because ofthe distances from place to place; and weather conditions are most generally a deterrent to any travel. Because of the isolation of the Reservation and its communities, the Three Affiliated Tnl>es electronics and data entry operations are located in the more isolated areas. These locations are more accessible for employees· residing in the remote

Segments ofMandaree and-White Shield. The number ofjobs created·by these operations is small as compared to the number ofjobs needed on Reservation

3 245

Welfare Reform requires-in a very short timeframe-tbat Indian people have the skill, training and

education to successfully meet the demands of Society today in commanding work environments.

Training and educational opportunities are lacking.

A major obstacle to any cffi>rt in meeting the overall objective ofWelfare Reform is that of adequate

child care. Adequate and meaoingfid care ofchildren whose parent(s) become part of the workforce

and are no longer in the home. is lacking and is an area of major concern if Indian people are to take

any step toward self-sufficiency as defined by Welfare Reform.

The Three Affiliated Tribes appreciates this Committee's assistance that led to the modest increase

to appropriations for Tribal Priority Allocations (TPA) for FY 1997. However, because our base

for TPA was directly affected by the FY 1996 Conference Marlc, our current program services are

severely underfunded. Increase to TPA and other recuning programs for FY 1998 is drastically

needed ifwe, in Indian Country, are to meet the demands facing us today.

HUMAN SERVICES

Welfare Reform will directly affect 25 percent ofthe Tn'bes' members living on Reservation. Our

Social Services Program bas continued to operate with case loads averaging more than 40 :families per caseworlrer-a sbdistic filr exceeding state standards.. Because ofthe met that our Social Services

Program is severely undedimded, no opportunity exists but to continue to focus on crisis situations.

4 246

TlluRsDAY, MARCH 6, 1997. · BUREAU OF INDIAN AFFAIRS WITNESS DAVID M. GIPP, UNITED TRIBES TECHNICAL COLLEGE Mr. REGULA. The United Tribes Technical College, Mr. Gipp, president. Mr. GIPP. Thank you, Mr. Chairman. Mr. REGULA. Yes, sir. Mr. GIPP. We request that our testimony be made a part of the record. Mr. REGULA. It will be, all of the testimony today is part of the record. Go ahead. Mr. GIPP. I'll be brief and to the point, Mr. Chairman. Mr. REGULA. That's good. Mr. GIPP. Our request concerns United Tribes, which is located in Bismarck, North Dakota, and it is an intertribal post-secondary vocational institution that's been in operation since 1969. Mr. REGULA. Okay. Mr. GIPP. And we're requesting in the Fiscal Year 1998 budget an additional. $728,000 to the request already made by the Bureau of Indian Affairs, which is about $1.8 million, for basic operations of the institution and for services to the children and families, adults, that we serve on the United Tribes campus. We operate on an old military fort that was built around the turn of the century. Mr. REGULA. Is it a two-year program? Mr. GIPP. It's one- and two-year programs that we provide. Mr. REGULA. Do you give any transfer credits or are they all terminal? Mr. GIPP. We have both terminal and some transfer programs. Mr. REGULA. How do you get along placing your students? Do you do pretty well? Mr. GIPP. We have an 81 percent placement rate right now. Mr. REGULA. That's pretty good . . Mr. GIPP. That's not our total statistics for the past Fiscal Year or for the past year, but it averages at least 80 percent or better. Mr. REGULA. You just serve the tribal members? Mr. GIPP. We serve up to 40 different tribes· from our own United States. Mr. REGULA. Oh, I see. Mr. GIPP. We have----obviously, most of the students and families . come from North Dakota, South Dakota, and Montana. Mr. REGULA. And you're funded with Federal funds? Do you ever have any tuition? Mr. GIPP. We're funded with Federal funds and we do have a tuition. So we offset some of those costs through our tuition rates. Mr. REGULA. Do you have residential? You must have residential, then, if they come from-- Mr. GIPP. Right. We're on a 205-acre campus. It's an old military fort. Our problem is we don't have enough housing because our average waiting list can be anywhere from 175 to 200 at any one time. 247

Mr. REGULA. Yes. How many students do you have? Mr. GIPP. About 310 adults on average on a 12-month basis and about 200 children, 216 children this year. Mr. REGULA. How do you get children? I thought this was post- high school. Mr. GIPP. Well, we are post-secondary and we're vocational, but we serve American Indian families principally. In other words, they come with their families. So we do kind of a comprehensive set of training and education for both the children and the adults. Mr. REGULA. Does that take the place of the regular school curriculum or is this in addition? Mr. GIPP. No, no, in addition to-through our budget, we provide, for example, two early childhood centers, a nursery and a pre- school, and then we have other funds available for a K-through-8 elementary school right on that campus. So it's pretty well--envi-, ronmentally, we try to keep the whole family together, and we try to rebuild a lot of those not only skills, but try to, I think, reinforce the family values. Mr. REGULA. I assume by having the facility for children it allows some of the younger parents to get some training themselves. Mr. GIPP. Oh, absolutely, especially single-parent mothers-- Mr. REGULA. Yes, right. Mr. GIPP [continuing]. And single-parent fathers-maybe one or two children, small infants, and a lot of times we're taking care of the children or doing things curriculum-wise with their children while the adults are pursuing their vocational skills. Mr. REGULA. It sounds like a good program. Mr. GIPP. So it's a good, comprehensive program, Mr. Chairman. Mr. REGULA. Yes. Mr. GIPP. In any case, that is our request, and we have detailed each of the particulars. I just want to add that the Bureau has only increased us by 1.6 percent from the period 1990 to Fiscal Year 1997. So we are in great need of some kind of equitable kind of increase. Our staff and faculty, in terms of what we pay them, we're anywhere from $5,500 to $8,800 less than the average faculty member at a public institution. Mr. REGULA. Do you get Indians who come back to be on your faculty? Mr. GIPP. Oh, yes. In fact, my academic dean is a former graduate. There are a number of graduates that- Mr. REGULA. That's good. Mr. GIPP [continuing]. Go back to the other tribes for various kinds of either employment or that sort of thing. Mr. REGULA. Good. Thank you very much. Mr. GIPP. Thank you, Mr. Chairman. [The information follows:] 248

UNITED TRIBES TECHNICAL COLLEGE 3315 UNIVERSITY DRIVE BISMARCK, NORTH DAKOTA 68504 • PHONE- 701-255-3285 • FAX 701-255-1844

Testimony on Fiscal Year 1998 Interior Appropriations

Presented by David M. Gipp, President and Russell •Bud• Mason, Board Chairman UNITED TRIBES TECHNICAL COLLEGE

Before the House Interior Appropriations Subcommittee March 6, 1997

SUMMARY Qli' REQUEST

Mr. Chairman and members of the Subcoilllllittee, on behalf of United Tribes Technical College (UTTC) and its board of directors, we appreciate this opportunity to appear before you today1 . I am here to tell you of the success of UTTC in moving Indian families into self-sufficiency and why we deserve the continued support of this Subcommittee.

United Tribes Technical College, which is chartered by the five tribes in North Dakota, is a •full service• postsecondary vocational education institution -- we provide vocational education services for adults, run a nursery, pre-school and elementary school for the children of our adult students, and operate a dormitory system and a health clinic. We believe that this community setting has a great deal to do with the success of our students -- students who, by and large, come from impoverished homes and communities.

The UTTC FY1998 request is for a $728,000 increase over the FY1997 enacted level, consisting of the following: 1) $86,000 for personnel costs; 2) $250;000 to improve facilities for computer technology, 3) $200, 000 to improve course offerings and student services, and 4) $192,000 for emergency maintenance and facilities. A $728.000 increase would bring the UTTC funding in the BIA budget to $2,538,000.

FUNDZNG HZS'l'ORY/SHOR'l'FALLS

BIA funding for UTTC has not' even come close to meeting basic cost-of-living increases. From FY1990 through FY1997, BIA funding for UTTC has increased only 1.06% (from $1,708,000 in FY1990 to $1,810,000 in FY1997). The operating and purchasing strength of our budget has diminished by some 20% since 1991. As described the section of this testimony regarding our need for personnel funding, our faculty and staff receive salaries that are lower than even the lowest paid faculty in any state college system.

While our funding has remained flat since FY1990, our expenses have increased. The College has experienced a large increase in the cost of utilities, with electricity expenses rising about 20% per unit and the per unit gas cost increasing approximately 113%. Over the years the College has been able to partially offset · utility rate increases by implementing stringent conservation measures such as improved .weatherization and reductions in building temperatures. However, energy consumption cannot be further reduced because of the College's location and the harsh winters in the northern plains . 249

Lack of available resources has also meant a limitation on the repair and maintenance of physical facilities. The College occupies the old Fort Lincoln Anny Post. Other than the more recently constructed skills center and part of the community center, U'I"l'C's core facilities are 80 to 90 years old. Estimates for new facilities total over $12 million, according to a 1993 U.S. Department of Education report to Congress. Continuing a course of nonrepair will ultimately prove more costly as the repairs will be greater. This is especially true of the water and sewage systems on campus. Fire and safety reports document these needs. Neither UTTC nor other tribal colleges are included in the BIA Facilities budget through the Office of Construction and Management.

Finally, the fixed and related costs approved under our annual Indirect Cost proposal to the U.S. Inspector General have decreased in ~ecovery by over $100,000 annually (FY 1996), with another possible loss of $110,000 for FY1997. We are in dire need of . adequate recovery for this year, as well as prior years.

THE RECORD OF QTTC AllJD 'l'HE NEED FOR OUR SERVICES

At United Tribes Technical College most of all our students receive some form of public assistance. Yet we have a job placement rate of 80% -- a record sustained over the past 10 years. This is well above the job placement rates required in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104- 193) . Our calculations show that a UTTC graduate pays back in taxes over a 6. 4 year period the costs of receiving an education at our institution.

The enactment last August of welfare reform legislation makes the work of UTTC even more critical. We want to be a full partner in moving Indian families into jobs with living wages, but as it stands now we have to turn away students due to lack of institutional resources. We do no recruiting at UTTC, but yet we have a current waiting list of about 200 students who want to attend our institution. Some potential students do not apply, knowing of the waiting list.

Our 300+ students come from all over Indian country -- some years we have students representing 45 tribes. A large proportion of our students are from the 14 tribes in North Dakota and South Dakota. Indian people in the Dakotas, as you know, have enormously high jobless rates. BIA Labor Force data reports unemployment rates among Indian people on and near reservations at 50% and 59% in North Dakota and South Dakota, respectively. Of Indian people on and near reservations in South · Dakota who are employed, only 17% earn over $7,000. The comparable figure in North Dakota is 19%.

As far as we are concerned, we would be justified in asking for a very large budget increase -- based our success rate, based on need, and based on the financial return which comes from an educated and employed population.

ADDI:TI:OIIJAL Ill'FORMATI:OR OR OUR BUDGET REQUEST

While we would like to ask for funding to meet our construction needs, we are realistic enough to know that such funding is simply not in the cards for FY1998. We are limiting our request for a $728,000 increase over the FY1997 level for a total of $2. 5 million. The funding would be utilized for the following purposes, .i:!.ll of which have been ; dent;i fied thrm1ah accreditat;i on acrencv visits and observations·

• $86,000 for costs of staff and faculty ($44,000 over the BIA request). The request we make would provide a 4% salary and fringe benefit increase. Our staff and faculty work for considerably 1;;';;.er compensation ·compared to other similar institutions. We are at a critical juncture, and face an eminent risk of losing 250

qualified, capable staff and faculty due to low salaries. The dedication of staff cannot sustain them indefinitely.

Nort.b Dakota salari8s for .big.bar education faculty ra.DJc 50t.b t.be lo-•t i.1:1 t.be .1:1atio.1:1 -- but t.be average faculty salaries at 172'!1:'C are low8r eve.1:1 t.ba.1:1 t.bose i.1:1 t.b8 Nort.b Dakota state aystem/2 . The average faculty salary at UTTC is $24,476, while the average faculty salary at the community colleges in North Dakota range from $29,900 to $32,800. This translates to our faculty receiving an average salary which ranges from $5,500 to $8,400 less than their peers at neighboring community colleges. Salaries for non-faculty staff would show a disparity at least as wide as that for faculty. Unlike most federal and private institutions which are able to provide salary increases to employees based on the length of service (unrelated to cost of living increases), UTTC does not have the financial ability to provide a guaranteed system of incremental salary increases based on length of employment.

• $250,000 to improve facilities for computer technology, life science laboratories, and building trades.

• $200,000 to improve course offerings and student services. This funding would allow hiring/training of faculty so that existing programs can be improved to meet new market demands. For example, we want to expand the allied health professions program and also to expand the business clerical program into the business administration area.

In the area of student services, we want to expand our diagnostic capabilities in tribal-specific areas and also in the areas of literacy and math-science deficiencies. This will allow us to provide better remidiation services to students. Finally, we want to make improvements in our student follow up, career development, and job market research efforts. While $200, 000 is inadequate to meet all these needs it would allow· us to make progress in some of these areas.

• $192,000 for emergency maintenance on both single and family student housing, instructional facilities, and support facilities. This amount will obviously not cover major renovations or new facilities.

JJTTC IJ!IBUCH

United Tribes Technical College offers ten (10) Certificate and ten (10) Associate of Applied Science degree programs3. Entrepreneurship and new technology skills are being integrated into appropriate curricula. All programs are accredited through the North Central Association of Colleges and Schools at the certificate and two-year degree granting levels.

We also provide institutional services that are fundamental to the delivery of quality vocational education, including those related to its residential nature. These services include:

* Adult education for students needing advanced basic education skills or who desire to pursue vocational programs requiring GEDs or high school diplomas;

* Academic instruction which allows our graduates who wish to pursue additional college education a sufficient background;

* Instructional supplies and equipment for all vocations; 251

• Services including student housing, cafeteria, local student transportation, library, financial aid office, counseling and placement, facilities maintenance, and overall administrative and fixed costs for UTTC's 105 acre campus base;

• Early childhood (nursery and pre-school) services for approximately 100 children, ages 8 weeks to five years. Nearly half of these children are under age two, and so the staff to child ratio of necessity is very high in order to provide proper supervision and to meet the North Dakota licensing requirements;

• The Theodore Jamerson Elementary School (K-Bth grades) serving over 100 Indian students;

* Modest offering of cultural, athletic, and recreational activities to supplement student learning· experiences and campus-based family services.

UTTC's enrollment now averages 300 students annually. Combined with family members and our pre-school and elementary students, the UTTC campus population exceeds 500. OUr students represent as many as 45 different Indian Nations and 15 states. The majority of the students have never spent more than one continuous year away from their home reservations. They have also experienced chronic unemployment due to the extremely depressed local economy and to education limitations which are well below the national average.

Thus, UTTC is cOIIIDitted to not only its post-secondary mission, but to the economic, social, and cultural advancement of American Indian and Alaska Native people. The mission of UTTC is to provide an environment where students and staff can preserve and transmit knowledge, values, and wisdom to ensure the survival of native people and Indian Nations along with the vocational training and job placement of native students. There is no other post- secondary vocational education institution in the country that in a residential setting is Tribally- controlled, culturally-based, family-oriented, and focused on both Tribal economic needs and mainstream emplo_yment training.

Thank you for your consideration of our request. We need your assistance to ensure that the unique educational opportunities offered by United Tribes Technical College will be available for what we hope will be an increasing number of Indian and Alaska Native students and their families next year and in the future. '"""

1 Bstablillhed in 1969, united Tribes Technical college is a unique, inter-Tribal vocational technical education institution located on a 105 acre campus in Bismarck, North Dakota. The Tribal college i11 owned and operated by five federally-recognized Tribes situated wholly or in part in North Dakota. These Tribes are the Devils Lake Sioux Tribe, the Sisseton-Wahpeton Sioux Tribe, the Standing Rock Sioux Tribe, the Three Affiliated Tribes of the Port Berthold Reservation, and the Turtle Mountain Band of Chippewa. control of the institution is vested in a ten-member board of directors .,_iaed of elected Tribal cbai,cpersons and Tribal council members.

2 Source: Integrated Postsecondary Education Data Systems (J:PBDS) Report of the U.S. Bureau of the census and the Depart,Dent of Education Office of Education Statistics.

3 The following certificate Prog-rams are offered: Administrative Office support, Automotive Service Technician, Building Trades Technology with options in Carpentry, Blectrical, Plumbing, and Welding; Barly Childhood Education; criminal JUstice; Hospitality Management, Food & Beverage Specialization; Medical secretary.

The following Associate of llpplied science (A.A.S.) degrees are offered: Arts/Marketing; Automotive service Technology; Building- Trades Technology with options in carpentry, Blectrical, Plwnbing, and Welding; criminal. Justice; Early Childhood Education; Health J:nformation Technology; Hospitality Management: Food • Beverage Specialization; Office Technology with emphasis in Computer Applications or Accounting; Practical Nursing; small Business Management. 252

THURSDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESSES BILL STERUD, PUYALLUP TRIBE OF INDIANS MIKE TURNIPSEED, PUYALLUP TRIBE OF INDIANS Mr. REGULA. We have the Puyallup Tribe of Indians. Mr. STERUD. Puyallup. Mr. REGULA. Puyallup, okay, I'm getting a lesson in pronunciation today. . Mr. STERUD. Mr. Chairman, my name is Bill Sterud, tribal chairman. My council and its many members who are with me today thank the committee for their past support of many tribal issues and the interest in today's testimony. We would like to share our thoughts and concerns and request assistance in reaching objectives of significance to the Congress, to the tribe, and the 20,000- plus Indians in our urban service area. But, first, let me ·introduce ourselves, who we are. For many thousands of years, my people lived in a small part of the great Pa- cific Northwest. We are the people of the water. The oceans and the rivers are our friends. Mr. REGULA. You're in Washington? Mr. STERUD. The State of Washington. Mr. REGULA. Yes. Mr. STERUD. Our reservation encompasses portions of the city of Tacoma, all of the port of Tacoma, the cities of Feif, Puyallup, Mil- ton. · Mr. REGULA. So you have people living on-reservation and off- reservation both? Mr. STERUD. Correct. There's a wide range of peoples that live within our reservation boundaries. · Over the years much of our land has been lost. History notes the loss of our lands, our homes, and our villages. Mr. REGULA. Lost by purchase? Mr. STERUD. Theft, some purchases, congressional acts. This was taken care of in a major land settlement in 1988, and we've gotten portions back. So we're working with the good people of the different jurisdictions in our area. Mr. REGULA. Okay. Mr. STERUD. The natural environment of our reservation still remains tainted and poisoned by a host of wastes. We have a major superfund site within our reservation boundaries. Mr. REGULA. Are we working on it, we, the government? Mr. STERUD. We as a government are moving on it really hard. We have spent tens of thousands of dollars, along with the other governments, in cleaning up our reservation. Mr. REGULA. It doesn't sound like you're making much progress. I've got a superfund site in my district, and about all we've gotten is lawyers and consultants and engineers, and not much cleanup. I'll bet you've had the same problem. Mr. STERUD. We have the same problem. 253

Mr. TuR.NIPSEED. We have the same problem. Mr. REGULA. Yes, all right, that's what I figured. Mr. STERUD. I guess I have things written here, and maybe-- Mr. REGULA. Just tell me, What do you need? Mr. STERUD. Okay. Well, we have-our headquarters was built in 1924. It was an Indian hospital. It's-- Mr. REGULA. Tribal headquarters? Mr. STERUD. Tribal headquarters. It's been totally-it's been- what's the word?-- Mr. TuR.NIPSEED. Condemned. Mr. STERUD [continuing]. Condemned. A winter storm could blow it down. We have close to 200 employees that work in it. The problem with it is it's fully tainted with asbestos. Mr. REGULA. So you need money for a new headquarters? Mr. TuR.NIPSEED. To tear down the present building, which is, like he said, full of asbestos, and to rebuild, and the thing that's the most disturbing," Mr. Congressman, is the fact that everybody is passing the buck here. It was originally built by the BIA, and they now say it's a Department of Indian Health problem. Of course, Indian Health says, no, it's not our problem; we had nothing to do with it. EPA says, yes, you have a very serious problem; you have asbestos; your building is condemned, but they at the same time have nothing that they-- Mr. REGULA. Okay, you need a headquarters. What else do you need? Mr. STERUD. We have a big tribal college. It's a college that we've had for three years that is totally funded by the Puyallup Tribe from our enterprises and our taxes, and we'd like some help possibly from the Federal-- Mr. REGULA. No Federal money? Mr. STERUD. No Federal money whatsoever. Mr. REGULA. Is this a post-high school facility? Mr. STERUD. Yes. Yes, it is. Mr. REGULA. Two-year? Four-year? Mr. TuR.NIPSEED. Two-year. Mr. REGULA. Two-year? How's your placement? Do you get your students, graduates, jobs? Mr. TuRNIPSEED. Yes. We've had-last year was our first graduation. We had three graduating members. They all graduated in science. They're now all three attending the University of Washing- ton. Our most difficult aspect is the fact that we don't have funding to actually make the school work. We have to work with Pierce Col- lege out of Tacoma, Washington, and through that, they are a recognized community or accredited community college. We were in the process of our accreditation and then they changed the laws on us. So we're in a catch-22: we can't get funding because we're not accredited; we can't get accredited until we have funding. So if we could help somehow get that- Mr. REGULA. We'll take a good look at it. Mr. STERUD. Okay. I understand everything you're up against. Like I said, I really appreciate your sitting here and listening to our concerns. Our law enforcement, we live in an area that's highly organized and with the gangs problem and-- 254 Mr. REGULA. Yes, I understand. Mr. STERUD [continuing]. We're overtaxed. We have local law enforcement agreements with the various governments and stuff. J guess, sir, I can tell that you're awfully busy, and I appreciate your listening to us. We have our written testimony, which goes into depth and detail and the numbers, attached. Mr. REGULA. Okay. We're scheduled until 4:40 this afternoon. So we do have quite a lineup here. Mr. STERUD. Thank you very much. Mr. TuRNIPSEED.- Thank you. [The information follows:] 255

~U~CIIIUP -r,.ibe of Indians

TESTIMONY OF THE PUYALLUP TRIBE OF INDIANS BEFORE THE APPROPRIATIONS SUB COMMITfEE OF THE HOUSE INTERIOR AND RELATED AGENCIES Mr. Chaimian, my name is Bill Sterud, Puyallup Tnbal Chainnan. My Council and the many members who are with me today thank the Committee for their past support of many tribal issues and in the interest in today's testimony. We would like to share our thOlW.bts and ooncems and request assistance in reaching objectives of significance to the Coogress, to the Tnbe and the 20,0oo+ Indians in our Urban Service area, but first, an introduction to who we are - For many thousands of years my people have lived in a small part of the great Pacific Northwest. We were people of the water; the oceans and the rivers were our friends. We did not know the land as ours, we shared with it in harmony and we were given life by embracing its goodness.

Over the years much has been lost. History notes the loss of our lands, our homes and our villages. Those who have lived in the Tacoma area since the tum ofthe cmnny have experienced the loss of fish, loss of clean air, loss of clean water. The natural environment of our Reservation toda_y remains tainted and poisoned by a host of wastes. Mr. Chainnan -we, the native people did not put these poisons m our home. These wastes were brought by others to our Reservation - they continue to come unabated. · Since we consummated our Land Claim Settlement in 1988, much of the land was cleaned up, some was dredRed clean, some was covered and made whole and useful again. This was due solely to our Land Settlement and the value placed en the environment by the federal government and by the people of the Puyallup Tribe. These are not general statemmts ladies and gmtlemen. These are specific clean-up efforts that were the direct result of our\Settlement. h was through us that the greater community gained.

IInagine with me for a moment a new vision for our Reservation. I might remind you that ours is an urban location. We are surrotmded by buildings, highwa,,,s, the naticn's sixth largest container port, railroads, etc. Imagine this small Indian Tribe sitting on the edge oftne shore of Puget Sound near the tum ofthe century-yes,just 3 years from now: 1. A Tnbe of2,300 members, but serving a much greater native service population exceeding 10,000 persons with legal, social, educational and governance services. 2. Employment roles ex~ 2,000, 60% ofwhom are not Native American, but who work with us, with our chifdren and come from this community. ·

3. Direct purchases in the community exceeding $ 115 Million annually. Mr. Chaimian, Members ofthe Committee -you need not imagine these things for thex. are already real. We already support more than 10,000, employ more than 2,000, and spend more than$ 115 Million locally. What we want is for you to imagine a new vision for our Reservation along with the grater Tacoma Community.

Imagine - A new Tnbal Govemmental Cmter replacing the cne we now occupy - full of asbestos/seismically unsound. Imagine - Two clean waterways, clean because our people deserve it, and our fish must live in it. Imagine-Tribal ccnduct ofinternational trade with native peoples and nations worldwide through our port terminal. Imagine - Students who are properly educated & better prepared to enter the workplace, trained in our Tribal College. Imagine - Clean industries attracted to Tacoma because of our Sovereign Status; high-tech, networked, international finance service industries. Imagine - The Puyallup tribe bridging the la1IDch ofthe people of our community, our Reservation, most of whom are not f.l'ative Americans, but who are impacted directly, positively through our growth. Yes, Imagine - This Congress did imagine once before and throUM us the comm"!filo/ is a little cleaner, a little strmger eccnomitally, a lot more stable, a little more diverse, and fully capable of visionmg for a future for children and elders alike. Imagine what it can be if you'll assist us, and yourselves, again. 2002 East 28th Street Tacoma, Washington 98404 206/ 597-6200

40-073 97 - 9 256

/. FEE TO TRUST- LAND PROCESSES The Puydllup Tribal Council conducts government responsibilities in the 18,061+ acre Reservation and U & A Grounds for Hunting and Fishin~. The Reservation was set apart by the Medicine Creek Treaty an~ sub~equent Presidential Executive Order, pnor to, Washington's statehood. The fundamental governmental relat1~sh1ps and jurisdictions are defined in the Tribal Constitution. The 1988 Land Claims Settlement Act, proV1des further clarification ofTribaljurisdictional responsibilities which contains no prohibition restricting and/or preventing Tribal reacquisition of homelands guaranteed by the Treaty. Tribal responsibility for regulation and use of tribal trust properties is foremost an aspect of governance, and secondly, necessary to prevent and/or limit land use confbcts with jurisdictions. Liti~on between jurisdictions over land use have for the most part, been replaced with consultation and negotiation. The Tribe followed an intergovernmental protocol in adoption ofa Permit and Procedure Regulations since 1988. The Tribe established a Planning Commissmn for the review of plans and regulations; the Commission assisted in development and adoption of the Puyallup Sign Code in 1996 (establishing limits on the number, size, height, and placement of signs on trust property). Recently, the Tribe adopted an Interim Zaring Ordinance which establishes a procedure for the assignment of zoning classifications to existing as well as future trust properties. What is most disturbing from one of our regional governmental partners is - City of Tacoma disregard for congressional intent, the most recent and blatant act disregarding the Settlement Act belongs to the Mayor of Tacoma who requested federal intervention by the U.S. Department of Interior - BIA seeking to prevent the Tribe from exercising its legal rights to reacquire Homelands. Tribal request for Conp-essional and Agency reaffirmation of basisc tenants of self-determination - the acquisition ofland and Us accepatance into Trust Status: _-

We are thus left requesting coofirmation from the Department of Interior and BIA that there are no changes in place, or proposed, to amend the _process or timeliness of BIA' s acceptance of Puyallup Tribal Homelands into Trust Status - irrespective of the potential or projected land uses. JI. TRIBAL ADMINISTRATION BU/WING & NURSES QUARTERS ASBESTOS ABATEMENT & REMOVAL The Puyallup Tribe's five st01y brick "administrative building", is a former U.S. Public Health Service's Indian Hospital. The building temporarily houses our government services units and Tribal Court. The Bureau ofIndian Affairs accepJed "custody and accountability" ofthese buildin~ and accepted title in Trust/or the Tribe in April [980 from GSA Region X The building 1s a severe health nskto all occupants due to asbestos contamination in building materials, the heating system and all potable and waste plumbing lines. OCM received $ 730,000 in federal budget processes for asbestos abatement - they did not release these funds to the Bureau Office ofFMMC. In 1988 the Hospital building was condemned by the BIA as functionally and structurally danl{_erous, and subject to collapse from earthquake tremors and wind shear. The building and three story Nurses Quarters are connected by a system of steam heat/utility corridors (utilidoors) that are contaminated, and deteriorated to the point of collapse. We seek funding for the removal of the asbestos contamination and demolition of the facilities through line item funding to the lf.S. DOI-BIA Budget for FY 98, or special budget appropriations for: Phase I - prep_aratlon of a final asbestos abatement and removal plan (cost and schedule) for asbestos removal from the buildings and connecting utilidoors. Detailed budget at$ 87,500. Phase II - demolitio11 and removal ofthe buildings and connecting utilidoors. Phase III - site clean-up, filling/grading in the spaces occupied by the buildings and utilidoors. Preliminary costing for Phases II and m indicate an inclusive sum ofless than $20 Million. /IL COMMUNITY HEALTH AND SAFETY The federal govemmeot has a unique and ongoin$ moral obligation to provide health care to Indian people. Utilizing the contracting and compacting options contamed in P.L. 93-638, the Tribe has been able to assure that federal funding reaches the community level allowing increased care and services to our urban service area population. However,. Tribal Health Clinics are experiencing an increasingly difficult time in keeping up with the increasmg costs in the detivery of care. In order to help maintain clinical care we ask that: >- The administraticn of Medicaid funds for Indian people be maintained at the federal level and assurance that funding is provided to Indian Health Programs via separate set-aside block grants outside the state block grants. 257

As the Indian Health Service Budget is projected to remain flat, it is cr_itical ~at funding provided to cover mandatory cost increases incurred by the IHS in FY 98. We ask your assistance ID the followmg: > Sup_port funding for Mandatory Cost (inflation, payroll & population increases) in FY 98 Budget, > Mamtenance and Improvement funding to be increased to $ 77 Million in the FY 98 IHS Budget. IV. TRIBAL COURT SYSTEM The Tribal Court and Court of Appeals constitute an independent branch of the Puyallup Tribal Government. The judicial system provides services for approximately 21,000+ Native Americans within our urban service area. Jurisdiction extmds throughout our 18,061 acre Reservation and our U & A Grounds for Hunting and Fishing. Partial Court funding is provided through a P.L. 93-638 Contract with the Bureau of Indian Affairs. Contract funding level has varied little during the past seven years and only covers the costs of supplies, expenses and partial funding of the Court Administrators salary. Although the Indian Tribal Justice Ad, P.L 103-176 passed December 3, 1993, authorized $58.4 Million for tribal courts & justice, little funds have actually been appropriated. Tribal courts are an essential part of soverei~ and self-determination, a vital component of tribal governments and to the provision of justice to all persons ID Indian country. While the number of cases filed in the Court have grown by double digit J?(:rcentages the past three years, funding for the court system has been reduced si~cantly. Our needs to proVIde juvenile services and multi disciplinary investigations of child abuse, and domestic violence abuse is critical. The Court System lacks resources most courts take for granted, e.g., Federal Digest, Federal Rules Decisions, Washington State Reporters & access to Lexus Data Base; the lack ofresources ,s compounded bl location of our courtroom/offices in a converted auditorium in a condemned obsolete contaminated Hospita · We seek support and endorsement in: > Tribal Court System FY 98 Base Budget Add-On: $ 257,000 > Recommend prompt and full Appropriation Bill funding the Indian Tribal Justice Act, P .L. 103-176. V. LAW ENFORCEMENT Since 1990 our Reservation has ~riaiced a 45% increase in Violent Crime, 64% in Thefts, 19% in Burglary, 29% in Rape, 46% in Assaults and 126 Yo in Drug Related Crimes. Gangs represents a threat to law enforcement integrity on the Reservation. Due to budget reductions, the Tribe lost a needed Juvenile officer who worked closely with our pre-K through 12 ChiefLeschi students teaching D.A.R.E. classes, meeting with parents, community members and other city/county law enforcement officers regarding gang activities. The Tribe has formalized Intergovernmental Agreements/cross-deputization. Local governments stress the need for tribal law enforcement patrols to counter gangs. In FY 97 Congress appropriated funding for Law Enforcement services. However, funding has not impacted the services as appropriations are at a level below actual need. We seek support/endorsement in: >- P.L. 93-638 Base Budget Add-on:$ 200,000 for an additional four officers and equipment.

56 member tribes of ATNI and Pierce County a!?."ee that Puyallup's central location would be cost-effective for the tribe to develop and operate a Regional Jail Facility. We seek your support and advocacy in: >- Tribal work on a Regional jail facility by BIA FY 98 line item budget funding for P.O.N.I. funds. VI. PUYALLUP NATION HOUSING AUTHORITY The Puyallup Nation Housing Authority mission and commitment is to the _provision of decent, safe, and sanitary housing for low income Indians within the Puyallup Reservation. The waiting list for low income housing units numbers is in excess of300 households; over one-half of these households are living in overcrowded housing and/or substandard housing conditions. The President's Buchtethas proposed$ 485 Million be awropriated to fund Indian Housing programs for each of the next five . The'Natiooal American Indian Hous · Council has estimated it will take an additional $ 365 Million on top o~President's Buriations to a level of$ lf50 Million for each of the next five years to enable critical housing needs for Native Amencans to be adequately met. This amount will fund current o_perating subsidies at 100%. Currently, HUD estimates that 40,000 bousmg units require renovation and an additional 16,000 require replacement, this 1Dcludes an avera~e of $ 25,000 per unit for the 8,800 units for Modenmation Programs. HUD also estimates new construcbon needs at 1/3 of the existing housing stock or approximately, 50,000 units, and also assumes that 30 federally recognized tribes will be eligible for assistance under the new Housing Block Grant Program. This latter 258 figure also includes Implementation Costs at 20% for administration, and additional funding for environmental reviews, planning and technical assista11:ce as required under the_ Act.. This figure al5? assumes funding the HOME Indian Program at last years funding level, and approximately 10% set-aside for the HomelessNouth build/Miscellaneous programs and lastly an 8% credit subsidy under the Sect.ion 601 of the Act.. VII. FISHERIES & NATURAL RESOURCES MANAGEMENT Our Treaty & Governmental responsibilities include natural resource management to maximize production of anadromous, non-anadromous fish & shellfish resources for uses beneficial to the community. Levels of federal support are inadequate to reverse the trend of resource/habitat degradation. Fisheries/natural resource management have become increasingly constrained due to continued shortfalls in P .L. 93-63 funds. The Tribes Fisheries and Natural Resource Management Division is divided into three program areas: Harvest Management involves run siz.e estimations, forecast modeling, catch effort allocation and catch monitoring. Harvest issues traditionally received greatest attention among tribes & other resource a$encies. Environmental Protection is probably the most complex task involving a broad spectrum of activities effecting fisheries and/or fisheries habitat. This program has gained considerable attention in the past decade as tribal concerns and involvement include; forest pract.lces, growth management, surface and ground water supplies, flood control, storm water management, watershed analysis, municipal and industrial point source discharges, and nonpoint planning. Enhancement generally involves the culturing offish for future catch opportunities. Puyallup Tribe's interests extend beyond raising hatchery fish; the enhancement program has expanded on the benefits of artificial propagation used for reintroduction of depleted stocks into portions of their historical range while simuhaneously working to restore stream channel environments to stable, product.ive habitat. Our successful enhancement efforts have been possible through cooperative relationships with tribal, local, state, and federal resource agencies and private land holders.

Programs ofnational signifu:ance - The slow but steady increases in Spring Chinook illustrates die gains possible via cooperative resource management. White River sprinK chinook recovery effort were initiated to avoid the listinlf. ofthis stock under the Endangered Species Act. Similar recovery efforts must be initiated throughout the Puyallup and Carbon River watersheds for other depressed stocks.

The Tribe does not possess the financial resources to initiate programs of national significance in these watersheds. The Tribe has proven technical expertise to successfully implement a resource mana~ program which can prevmt native stock from being listed under the Fndangered Species Act. and which shares m the benefits on a regional basis. We seek support and endorsement in: A Fisheries and Natural Resource Management FY 98 Base Budget Add-On adequate to administer analogous programs to bolster depressed stocks of coho, steelhead and/all chinook. VIII. MEDICINE CREEK TRIBAL COLLEGE In order to provide a quality educational environment, insure academic excellence and provide effect.ive community outreach services to Native American students and other minority students, Medicine Creek Tribal College (MCTC) is requesting to be fimded in the 1998 and future Federal budgets appropriations under the Bureau of Indian Affirirs. The budget request is being made under1he authorization of Public Law 95-471, 25 U.S.C. 1851 - Grants to Tribally Controlled Community Colleges (Part 41).

There is a growing need for an institution in the region especially with the impact of "Welfare Reform. " The local c:onmnmity colleges have limited enrollment and will be unable to handle the number of referrals as a resuh of Welfiue .Reform. Their overflow will impact. MCTC's enrollments and place more demands on our ability to serve the community effectively with our limited staff and resources.

Missing program efforts - No funding is available for the necessary positions to ~rate the college. Lack of funds creates a lack of services required to support student services, instruct.ion & administrative services. With student numbers increasing due to Welfiue Reform, additional staff, class offerings and administrative support will be required. Outside sources of funding have been sought but most funds are tied to the State. Because MCTC is not a State agency, they do not qualify for various funding programs. We are requesting funding ofS748,000, for the 1998 fiscal year, based on the formula under the Federal law - "Grants to Tribally Controlled Community Colleges." This request is based on the accumulated Full-time Student Enrollment (FfE) count for 1996 and the 1997 project.ions of 187 multiplied by $4,000 per FTE as SJ?8cified in the Federal legislatioo.. For the academic year endirig June 30, 1996, the FTE count was 91 Native Amencan students. Just for the past year the amount requested would be $364,000.

Mr. Chairman, and Committee Members, the Puyallup Tribes is thank.fol for this opportunity to share our vision for the now and future. Our 's is a community vision in which we all contribute to the best ofour abilities as we bridge into the future for our children and respected elders. 259

THURSDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESSES GERALD J. JONES, PORT GAMBLE S'KLALLAM TRIBE MARIE HERBERT, PORT GAMBLE S'KLALLAM TRIBE SHERYL SCOTT, PORT GAMBLE S'KLALLAM TRIBE Mr. REGULA. Port Gamble S'Klallam-it's the second time on that one. Maybe the third time I'll get it right. [Laughter.] Okay, Mr. Jones. Mr. JONES. Port Gamble S'Klallam, yes. Mr. REGULA. Port Gamble S'Klallam. Okay, tell us your problems. Mr. JONES. Good afternoon, Mr. Chairman. I'm here today with the tribal secretary, Marie Herbert, and our tribal education coordinator, Sheryl Scott. We appreciate the opportunity to present testimony on the Fiscal Year 1998 budget. Our highest priority is that Congress fund an additional $415,000 to construct a tribal education center and library expansion. This project will benefit the whole north end of the Kitsap County. Little Boston Branch was the first county library in the State to be built on an Indian reservation. Mr. REGULA. You need more for the library? Mr. JONES. We need more for the expansion of it. We have a little library now, but we need-- Mr. REGULA. Is the library connected to a school? Mr. JONES. We don't have a school. That's why we're putting in for a construction fund. Mr. REGULA. Where do your students go? Ms. SCOTT. Public school. Mr. REGULA. Public school, and then they get reimbursed? Mr. JONES. Yes. Mr. REGULA. And you want a library for just the tribe- Mr. JONES. We have the library. Mr. REGULA. But you want to expand it? Mr. JONES. We just want to expand it. We don't have enough space for-any computers or anything like that that we want to add to it, we don't have any space for that. Mr. REGULA. Okay. Mr. JONES. We need just to expand that. Mr. REGULA. I see you have a court system, a fisheries commission, Indian health-you have a number of things here to consider. Mr. JONES. That's true, yes. We'd like to support those, too. Marie is going to talk a little bit about the expansion of the county library. Mr. REGULA. County library? Does this serve more than just the Indian tribes? Ms. HERBERT. Yes, it does. It serves the north end of the Kitsap peninsula-- Mr. REGULA. Then does the county-put in some money? Ms. HERBERT. Yes, they do. 260 Mr. REGULA. And the State? Ms. HERBERT. Not-- Ms. SCO'IT. I would assume through the county. Mr. REGULA. Through the county? You want some money to enhance what they do there? Ms. ScoTI. Right. Mr. REGULA. Okay. Ms. HERBERT. Nearly 25 years ago, the Port Gamble S'Klallam Tribes and the joint-- Mr. REGULA. Tell me about it; don't read it. Ms. HERBERT. Okay. They joined a cooperative effort with the Kitsap County regionwide area in Washington State in constructing a library on the reservation, and it was one of the first in the State. This library has become a valuable resource not only to our tribal people and our students, but to the north end, the residents, surrounding residents. Mr. REGULA. So non-Indians use it? Ms. HERBERT. Correct. Mr. REGULA. Do you work there? Ms. HERBERT. I don't. I work at the tribe as a cultural resources director, and I use it myself. . Mr. REGULA. You use it and you probably direct your folks to use it. Are you folks computerized? Or are you still using stacks? Ms. Sco'IT. The computer. Mr. REGULA. The computer; I thought so. Ms. HERBERT. Yes, and this project will include an addition which will expand the library and join it to the new education center. Mr. REGULA. Have you made an application to BIA for some money? Ms. SCO'IT. We receive self-governance funds, and what we've done with those is to expand certain services for the tribal members K through 12, as well as post-secondary. And so we went from $30,000 to $150,000, and that money is still stretched with the staff that we've got. We provide an education clinic, post-secondary funding./ We provide junior high as well as elementary, and that $150,000 doesn't go very far. Mr. REGULA. It sounds to me like you've stretched it pretty much, if you're doing all those things. Ms. SCO'IT. We have some very dedicated people. Mr. REGULA. You must have people who care. Ms. SCO'IT. Yes, we do. Mr. REGULA. That's what makes anything successful; you've got to care. Well, we'll try to do what we can. I can't make any promises. We have a pretty tight budget this year. Mr. JONES. And we have a reservation-based higher education program also. We found out that our tribal members wasn't getting to college, so we brought the college to the reservation, and that seemed to work out real good. Mr. REGULA. Good. Okay. Mr. JONES. We're getting more college graduates now than we ever had before. Mr. REGULA. And that makes the library important. 261 Ms. ScoTI. Yes, it's very important. Mr. REGULA. Thank you very much. Mr. JONES. Yes. Thank you, Mr. Chairman. Mr. REGULA. Do you get volunteers to help you in the library? Ms. ScoTI. Actually, we get volunteers to help us with the tutoring as well. Mr. REGULA. Oh, is that right? Ms. ScoTI. We access all the resources that we can-- Mr. REGULA. That's wonderful. Ms. SCOTI' [continuing]. But still we need more space. Mr. REGULA. So you do some tutoring in the library? Ms. ScoTI. Well, most of the tutoring occurs within the tribal center. Mr. REGULA. Oh, that's a separate building? Ms. SCOTI'. Right, we're right next to the library. Mr. REGULA. Yes. Right. So it's a consolidated center. Ms. HERBERT. Yes. Ms. ScoTI. The tribe built the library building. Mr. REGULA. That's wonderful. Okay, thank you for coming. Mr. JONES. If you can do it, we'd appreciate it. Mr. REGULA. I understand. Mr. JONES. Thank you. [The information follows:] 262

Testimony of the Honorable Gerald J. Jones, Tribal Chairman, and The Honorable Marie Hebert, Secretary Port Gamble S'Klallam Tribe before the House Interior Appropriations Subcommittee Hearing on the Fiscal Year 1998 Appropriations for BIA and IHS March 6, 1997

PORT GAMBLE S'KLALLAM TRIBAL PRIORITIES Education Center/Library Expansion Construction Project Request: $415,000 be added to our BIA Tribal Priority Allocations, Self-Governance Annual Funding Agreement to construct a Tribal Education Center /Library Expansion on the reservation.

REGIONAL PRIORITIES The funding of these consortia directly affects our ability to protect treaty resources and to provide essential governmental service to our tribal members. • Northwest Intertribal Court System - Tribal Court Services Request $150,00 addition to Northwest Intertribal Court System base funds for FY-88 in the Public Safety and Justice and Tribal Court Base Budget in the Bureau of Indian Affairs, Department of Interior.

• Northwest Indian Fisheries Commission Support for Tribal Shellfish Management, Enhancement and Enforcement funding to implement tribal treaty rights through establishment of base shellfish operations. Support for technical correction of BIA Western Washington-Boldt Implementation and U .5.-Canada Pacific Salmon Treaty finding to levels consistent with previous Subcommittee direction.

• Northwest Portland Area Indian Health Board Support the Northwest Portland Area Indian Health Board requests and recommendations for funding in the IHS budget for mandatory inflation and population growth costs.

NATIONAL PRIORITIES • Contract Support. Increase BIA and IHS Contract Support funds to address tribal needs. PORT GAMBLE S'KLALLAM TRIBE'S IRS CONTRACT SUPPORT FOR FY-94, FY-95 and, FY-96 IS SHORT $246,542.00. • Tribal Courts. We request $20 million dollars of funds to be appropriated to implement the Indian Tribal Justice Act for FY-98. 263

INTRODUCTION:

As Chairman of the Port Gamble S'Klallam Tribe from Washington State I am submitting written testimony on behalf of my fellow elected Tribal Council members and on behalf of our people. We appreciate this opportunity to present testimony for the record on the FY 1998 budgets of the BIA and IHS.

TRIBAL PRIORITY: EDUCATION CENTER/LIBRARY EXPANSION CONSTRUCTION PROJECT

We are requesting, as our highest priority, that Congress fund $415,000 to be added to the BIA Tribal Priority Allocations, Self-Governance Annual Funding Agreement to construct a Tribal Education Center/Library Expansion on the reservation.

The Tribal Education Center and Library Expansion will meet the following needs identified by the Tribal Council:

College Classroom and Office Space. Our reservation-based higher education program is one of the most dramatic successes of our Self Governance program. The Tribe, in cooperation with the Evergreen State College, offers a Bachelor of Liberal Arts degree program with evening classes offered on the reservation. This program has attracted an unprecedented number of students because reservation residents have very limited access to a University and they do not have to bear the high cost of living on a university campus. There are far more students enrolled in college than ever before in the Tribe's history. The Education Center will provide four adult community classrooms and office space for the Education Coordinator, who administers this program.

Expansion of the Little Boston Branch of the Kitsap County Library. An addition will be built onto the county library's reservation branch which will expand the library and join it to the new Education Center. Nearly twenty five years ago the Port Gamble S'Klallam Tribe, working with the Kitsap County Regional Library and Washington State realized a dream of constructing a library on the reservation. The Little Boston Branch has become a valuable resource for the whole north Kitsap area. A recent poll rated the branch first out of ten branches in children's materials, friendly staff, pleasant atmosphere and ease of finding materials. The popularity of the library has increased to the point that additional space is needed to accommodate the ·patrons. By expanding the

Testimony of Gerald J. Jones Port Gamble S'Klallam Tribe Page2 264

library and joining the Education Center to the library, student access to the library will be enhanced and the education goals of both institutions will be furthered.

Education Clinic Space. The Tribe offers an Education Clinic to tutor students of all ages, assist with homework, provide G.E.D. classes and assist high school students in meeting graduation requirements. The Tribe has had unprecedented numbers of high school graduates in the last three years, largely due to the efforts of this program. All the Education Clinic programs are now housed in a single crowded classroom. The Education Center will provide additional Education Clinic classroom space, office space for the Education Clinic staff and a video room for training and educational support.

Archive Repository and Cultural Display Area. The Tribe contracted with an attorney and anthropologist to gather and organize a basic set of archival materials. These materials and related library materials are now housed in locked filing cabinets. A system to allow access to the materials for research while protecting them from loss is needed. By joining the Education Center with the library, a special collections section can be created to accomplish the access/preservation needs associated with the archives. Additional artifacts will be recovered and displayed as well as encouraging the development of new art.

Education: A Tool to Reduce Welfare Dependency and Increase Self Sufficiency. The Tribe has been actively involved in the "welfare reform" process. A child support enforcement program has been established on the reservation and we are studying whether to initiate a Temporary Assistance for Needy Families (TANF) plan. Whether the Tribe operates its own TANF program or remains part of the Washington State plan, the basic issue of self sufficiency through work must be addressed. After just three years of the reservation based higher education program, we have already seen a rise in work force skill level. The Tribe has hired and promoted students from the higher education program as well as our recent high school graduates. The construction of the Education Center and Library Expansion will augment our priority of developing individual and tribal self sufficiency. "

Testimony of Gerald J. Jones Port Gamble S'Klallam Tribe Page3 265

THURSDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS WITNESSES BILL FRANK, JR., NORTHWEST INDIAN FISHERIES COMMISSION JAMES ANDERSON, NORTHWEST INDIAN FISHERIES COMMISSION BOB KELLEY, NORTHWEST INDIAN FISHERIES COMMISSION Mr. REGULA. Okay, Swinomish. Okay, who's here from Swinomish? No one? [Laughter.] Well, at least I had some help on the name back here. [Laugh- ter.] Okay, I wouldn't know how to pronounce it anyhow. So we'll go down to Sauk-Suiattle. They're not here? Hoopa Valley Tribal Council. There we go. Let's see, you were scheduled at 2:40. Do you want to wait for Mr. Riggs? Ms. SHERMAN. That would be fine. Mr. REGULA. Okay, if you don't mind, he'd asked if he could introduce you. Then he'll, of course, become an advocate for you. So I think that would be a good idea. [Laughter.] Okay, Jamestown S'Klallam. Hey, did I get it right? Wonderful. But they're not here? They will be, okay. Northwest Indian Fisheries. Okay, that was an easy one. Mr. FRANK. Good morning, Mr. Chairman. My name is Billy Frank, and with me today I have Jim Anderson, executive director, Northwest Indian Fisheries Commission, and on my right is Bob Kelley. Mr. REGULA. Northwest? Is this Oregon? Washington? Mr. FRANK. No, the State of Washington. Mr. REGULA. The State of Washington. Mr. FRANK. Puget Sound and along the Pacific Coast there. Mr. REGULA. Okay, do you serve several tribes? Mr. FRANK. Twenty tribes. Mr. REGULA. Twenty tribes. Mr. FRANK. Yes. Mr. KELLEY. Some are the last few that you just mentioned. Mr. FRANK. Yes, some of our member tribes are in the building. Mr. REGULA. Okay. You supervise the fishing-- Mr. FRANK. We coordinate with the tribes, and we all come in and kind of speak as one voice in fisheries management. Mr. REGULA. Okay. Does this include sport as well as commercial? Mr. FRANK. It includes all of the fishery in the State of Washing- ton. We're co-managers with the fishery in the State of Washing- ton. · Mr. REGULA. You work with the State? Mr. FRANK. Yes, side-by-side with the State and the Feds. Mr. REGULA. Does the U.S. Fish and Wildlife Service get involved with you? Mr. FRANK. Right, yes. We've got a three-part management. It's the Federal, the State, and the tribes. Mr. REGULA. And what are you asking for now? 266 Mr. FRANK. Well, we're just here asking for our funding t(}-we'll just hit on a little bit of the funding, but since 1983---or 1973 or 1974-when the decision came down, it clarified the treaties of the Northwest. Well, it formed the Northwest Indian Fish Commission, and all of our tribes. We got the infrastructure from the Congress to put our management in gear, and this is why we're- Mr. REGULA. Does your commission have members from different tribes? Mr. FRANK. Yes. Yes, we have 20 tribes within Puget Sound and along the Pacific Coast. Mr. REGULA. And you are the head of the commission? Mr. ANDERSON. Executive director, and Billy is the chairman. Mr. REGULA. Yes. Mr. FRANK. Yes. Mr. REGULA. You deal with salmon? Mr. FRANK. Yes. Mr. ANDERSON. Yes. Mr. REGULA. And some of the problems that go with that? Mr. FRANK. Right. Mr. ANDERSON. Unfortunately. Mr. FRANK. We have several hundred rivers and tributaries into the Puget Sound-- Mr. REGULA. Is that right? Mr. FRANK [continuing]. And along the Pacific Coast, Strait of Juan de Fuca. Mr. REGULA. It's all done by the State, I assume. I mean, the right to fish, you have to- get a fishing license from the State? Mr. ANDERSON. No. Mr. REGULA. Not the Indians, but the non-Indians? Mr. FRANK. The non-Indians, yes. Mr. REGULA. Yes. Mr. FRANK. And we coordinate that fishery with the State, all of the fisheries-- Mr. REGULA. Do you control lands or waters on which non-Indi- ans fish? Mr. FRANK. We have on-reservation and off-reservation. The area is mostly all of Puget Sound and along the Pacific Coast. We work side-by-side with the State of Washington in all-- Mr. REGULA. Is fishing an important part of your economy in terms of jobs and-? Mr. FRANK. Yes, fishing and shellfish and timber-you know, all of our natural resource out there, and that's kind of where- Mr. REGULA. So you're involved in timber as well as fishing? Mr. FRANK. The tribes are. Mr. REGULA. But your commission is not? Mr. FRANK. Well, we have initiatives that we take forward through the commission, the timber, fishing, wildlife, initiative that brings the industry together and the tribes together, and set out initiatives to take care of the habitat on a sustainable forest. You know, we want to keep everybody there. Mr. REGULA. So you have responsibility for managing the habitat to ensure that you're going to have game and fish in the future? Mr. ANDERSON. That's right. 267 Mr. FRANK. Everything. And, you know, we've depended upon the Congress to do our fr.nding. Like you, I live on the mouth of the Mesquale River, and we've just in through a 500-year flood, and you've got a 500-year flood right now. Mr. REGULA. It's the other end of the State from rrie, but we're hearing about it. Mr. FRANK. That's right. But we've got everything pretty well laid out for the committee. We're back here every year trying to support our problems- Mr. REGULA. I assume you're here for some additional funding? Mr. FRANK. Yes. And, Bob, do you want to--- Mr. KELLEY. The Northwest Indian Fish Commission is, once again, seeking your help in designation $400,000 of the BIA jobs- in-the-w9ods funding for tribal/State wild stock initiative, and the current budget is $3 million. The monies are basically used to document current habitat conditions in each of our watersheds. Again, there's several tribes involved here. These stock and habitat assessments will help form the development in habitat protection and restoration strategies that will be related to the State's response to the Endangered Species Act-- Mr. REGULA. Will you be happy with what you had last year? Mr. FRANK. Yes. Mr. KELLEY. Yes. Mr. REGULA. I think Mr. Dicks will be a strong advocate for you. Mr. KELLEY. Okay. Mr. ANDERSON. He's a strong advocate for everything. [Laugh- ter.] Mr. REGULA. He's not a shrinking violet. [Laughter.] Mr. FRANK. You and him have been working together a long time. Mr. REGULA. Yes, Norm and I get along very well. Okay, does that kind of cover it? Mr. KELLEY. Yes, that covers it. Mr. REGULA. Okay, thank you very much. Mr. ANDERSON. I have one thing I'd like to address. Mr. REGULA. Okay. Mr. ANDERSON. In addition to the wild stock monies earmark, there are some housekeeping items that need to be corrected, and one of those there have been some errors in the Pacific Salmon Treaty funding and the implementation monies. In the calculations of those monies there's been some shifting around-- Mr. REGULA. Who does that, though? I don't know that we do. Mr. ANDERSON. It's within the administration's book, and what happened is that their numbers are wrong and they need to be corrected. Mr. REGULA. But how do we do that, though, since that's their action, not ours? Mr. ANDERSON. I don't know if you can do a technical correction or some sort-it's not-if you asked them, it's not a deliberate reduction; it was a mistake on their part. Mr. REGULA. Well, do they contemplate correcting it, since they admit it? Mr. ANDERSON. We are talking to them-- Mr. REGULA. Okay. 268

Mr. ANDERSON [continuing]. And wanted the committee to be aware of the particular situation. Mr. REGULA. I suggest you talk to Mr. Dicks, and he, of course, in turn, will interface with them. Mr. ANDERSON. Yes, okay. Thank you. Mr. REGULA. Okay. Mr. FRANK. Mr. Chairman, we have two tribes that want us to at least support them on their funding. One is at the lower end of Hood Canal, the Skikomish Tribe, and they want their funding to keep putting their watershed together and address some of the hydroelectric-one hydroelectric project down there. And then the Elwha Tribe up at the end of.-- Mr. REGULA. Of the dam? Mr. FRANK. Yes, two dams. Mr. REGULA. That's a tough one. Mr. FRANK. Yes, it's a tough one, and we have-but we're looking out into the future putting our watersheds back in shape and restoring our salmon runs, and so on. Mr. REGULA. That's essential to your fishing programs. Mr. FRANK. Yes, yes. Mr. REGULA. Is there an overall diminution of salmon in the area? Mr. FRANK. Yes, but we work very proactive in all of our initiatives that we put forward, and we try to work with our neighbors and everyone on the watershed. Mr. REGULA. Good. Mr. FRANK. Thank you very much, Mr. Chairman. Mr. REGULA. Okay, thank you. [The information follows:] 269

Northwest Indian Fisheries Commission

6730 Martin Way E., Olympia, WA 98506 Phone (206) 438-1180 FAX #456-3032 FTS #434-9476

TESTIMONY TO THE HOUSE APPROPRIATIONS SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES BYTHE NORTHWEST INDIAN FISHERIES COMMISSION BILL FRANK, JR., CHAIRMAN March 6, 1997

On behalf ofthe Northwest Indian Fisheries Commission, I want to thank the Subcommittee for the opportunity to present testimony on our FY1998 fisheries and habitat management needs that fall within the Bureau of Indian Affairs budget. With this testimony, I am also submitting our comprehensive tribal natural resource - management report which summariz.es our work products from FY1996, our most recently completed fiscal year.

SUMMARY OF FY1998 APPROPRIATIONS REQUEST

In general, the NWIFC supports the Administration's appropriation request that is presently before the Subcommittee. Specifically, the NWIFC requests funding and

Restoration of TPA/Self Governance funding to more equitable levels Technical correction of Western Washington-Boldt Implementation and US/Canada Pacific Salmon Treaty funding to levels consistent with the previously identified level as directed by the Subcommittee to provide full funding to trust programs Provision of contract support funding at 100 percent levels necessary for existing and emerging programs Support for the $3.0 million Bureau of Indian Affairs, Forest Development, Woodland Management, Northwest Forest Plan, "Jobs in the Woods" Initiative and from this amount designation of $400,000 for the Tribal/State of Washington Wild Stock Restoration Initiative Support for the western Washington tribal shellfish management, enhan~ent and enforcement funding request to implement tribal treaty rights through the establishment of base shellfish operations Direction to the Department of Interior to prohibit the move of natural resource management programs to the American Indian Trust and Development Administration (AITDA) Support for the Skokomish Indian Tribe's request for $480,000 in direct funding necessary to achieve settlement of fisheries and water resources conflicts associated with the on-going Cushman hydroelectric project

INTRODUCTION

Twenty-three years ago, the U S y Washjngton case was decided by the federal court system. This decision, respecting the treaty rights of our members tribes, propelled major changes in fisheries management in the Pacific Northwest. These changes have not onl,Y fundamentally altered the legal, politi~ social and economic institutions ofthe State ofWashington, but have also fostered a nationwide quest for tribal self-determination 270

FY1998 Interior and Related Agencies Appropriations Testimony Pagel March6 1997

and self-governance led in large part by the Northwest tribal leadership. These parameters affect both the way tribes perform fisheries management, as well as how we approach the federal system during the budget/appropriations and legislative processes.

TRIBAL PROGRAMS

We are at a turning point in natural resource management in the Pacific Northwest. We have made great strides in institutionalizing tribal management consistent with tribal treaty rights and the federal court decisions. We have developed great professional capabilities and policy respect as we proceed through the various fisheries management processes. We are efficient and effective. But we are still far short of where we would like to be in our capabilities. And, while have efficiently organized our tasks and assigned responsibilities between our tribal community to extend our collective efforts, the management obligations are many. New and highly difficult management complexities abound, many precipitated by the demands of the Endangered Species Act and the Clean Water Act. We will be challenged as the natural resource debates of the Pacific Northwest will be right before us as co-managers of the resource. We will need all of our existing funding and additional new resources to meet this broad challenge.

For the past two years, we have witnessed a direct attack on tnbal self-determination and self-governance. And in the process, Indian management and capacity building funds have been severely reduced. We are willing to shoulder our share of funding shortfalls, but we are not willing to be disproportionately affected. We strongly urge you to maintain Trust, TPA and Self-Governance program funding.

We also need technical adjustments to be made by the Subcommittee to the Western Washington-Boldt Implementation and US/Canada Pacific Salmon Treaty funding to ensure that these accounts are funded as in previous years. The FY1998 Administration proposal has arithmetic errors that must be corrected to make these accounts whole. We are willing to meet with your staff to further discuss this issue.

CONTRACT SUPPORT FUNDING IS ESSENTIAL TO TRIBAL PROGRAMS

We continue to have grave concerns that the Bureau has refused to fully fund the contract support line item. An artificial cap upon the funding pool for indirect cost reimbursement places a dramatic burden on the tribal fisheries programs. Such failures have led tribal programs to reduce direct funding for indirect, mandated purposes. The net effect has been a loss of program purchasing power and program staff capability. Such a burden cannot be borne by tribal programs this year or· into the future without onerous results. In addition, the actual level of contract support funding is not determined until late in the fiscal year making fund management extremely difficult.

WILDS TOCK RESTORATION INITIATIVE/WATERSHED RESTORATION/NORTHWEST FOREST PLAN/ENDANGERED SPECIES ACT IMPLEMENTATION

We are also requesting that the Committee continue to provide $400,000 for the joint Tribal-State of Washington Wild Stock Restoration Initiative from the Bureau of Indian Affairs, Forest Development, Woodland Management and the Northwest Forest Plan "Jobs in the Woods" Initiative, requested by the Administration at $3.0 million. This program is essential for the development of a habitat inventory base from which restoration efforts can begin. This approach would be identical to that taken last year. The remaining $2.6 million from this initiative will allow tribes to conduct watershed analysis and watershed restoration in watersheds within their usual and accustomed areas. These monies will help restore critical salmon streams.

We are also supporting additional funding to the tribes and tribal organizations to fulfill their responsibilities in implementing a wide array of obligations in the Pacific Northwest. Tribes are, as a result of their co- 271

FY1998 Interior and Related Agencies Appropriations Testimony Page3 March6 1997 management status, in the midst of all important natural resource debates within the region. Tribes need additional monies, either directly into their base, or through special funding from federal agencies who have obligations to resolve these key issues. Monies are needed for the tribes to participate with the Fish and Wildlife Service and National Marine Fisheries Service in the Endangered Species Act implementation (biological reviews, habitat conservation plans, consultations, technical assistance); with the Natural Resource Conservation Service as they implement the 1996 Farm Bill and related memorandums of understandings; with the Forest Service as they implement the Northwest Forest Plan; and, with the Environmental Protection Agency as they implement the Clean Water Act (303(d), Section 318 and other obligations). Each of these agencies need to work with the tnlx:s if they are to be successful. They must ensure that tribal rights are protected and essential funding will be found to allow the tribes to perform necessary work and help the government fulfill their trust responsibility to the tribes.

SHELLFISH MANAGEMENT INITIATIVE

For centuries, members ofPuget Sound and Coastal treaty tribes have harvested shellfish for their commercial, ceremonial and subsistence needs. Hard shell clams and oysters were collected from shoreline areas. Other shellfish sp::cies, such as crab and shrimp, were also gathered for subsistence and commercial uses. Shellfish harvesting was as important to tribal traditional life and commerce, as was fishing for salmon and Steelhead.

Pacific Northwest Tribes signed treaties with the United States in the mid-1850's, which included guaranteed tribal rights to gather shellfish. As settlement of the region increased, so did conflicts regarding the treaty harvest of shellfish. After Washington statehood in 1889, tidelands were sold into private ownership, and conflicts between property owners and tribal members harvesting shellfish in their traditional usual and accustomed areas were exacerbated.

The conflict escalated in the early 1980's when the State of Washington began enforcing state law on tribal members exercising their rights to harvest shellfish. Although substantial progress was made on management plans, informal negotiations failed to address key issues. The tribes then filed suit to determine the extent of tribal rights to harvest shellfish.

Initial court rulings have clearly supported tribal rights to shellfish, and states and others have agreed to the need for an effective shellfish management system. It is clear that such a management system is absolutely necessary.

Currently, very limited shellfish management funds are available for tribes involved in shellfish harvesting. The following program elements are important for any base-level tribal shellfish program:

Shellfish Harvest Management; F.ach tribe needs to develop annual shellfish management/harvest plans, in cooperation with relevant state agencies.

Shellfish Enforcement· A professional, effective shellfish enforcement program is necessary to adequately patrol harvest areas as well as enforce shellfish regulations and sanitation requirements.

SheUfish Enhancement; Initially, shellfish enhancement will focus on the assessment of potential enhancement opportunities for Hard shell clams and oysters. A comprehensive shellfish enhancement plan, addressing all commercial species, must be developed and implemented financial support becomes available. Enhancement, of course, will require environmental improvements. 272

FY1998 Interior and Related Agencies Appropriations Testimony P112:e4 March6 1997

Tribes need financial support to establish basic shellfish management capabilities that complement their existing professional management programs. This will help tnbes prepare for future shellfish enhancement and harvest activities, as well as, implement established tribal/state agreements and other future cooperative management considerations requiring additional tribal shellfish management capabilities. ·

Each tribe has prepared appropriations' justifications relative to their unique geographic and management circwnstances and we urge the Committee to give every consideration to providing the necessary support. Since shellfish management infrastructure development is a relatively new initiative in preparation for the future, the Senate should consider this request as addressing a basic long-term need requiring funds be added to the Bureau of Indian Affairs' budget base.

AMERICAN INDIAN TRUST AND DEVELOPMENT ADMINISTRATION

We are aware that the Department of Interior is proceeding with a strategic plan to implement the American Indian Trust Fund Management Reform Act of 1994. While it appears that certain aspects of this plan have merit, we have serious concerns about other provisions of this study. Specifically, we have concerns about the creation of an independent organization, outside the Department of Interior, which would assume all trust asset management functions. If resource management for fish and wildlife is carelessly placed into this new structure, the trust responsibility of the federal government will be severely jeopardized. This proposal warrants Tribal consultation and considerable review and examination. In that regard, we strongly urge restraint in any appropriations actions which would implement any portion of the proposal as it relates to removal of further functions from the Bureau of Indian Affairs. We expect to con~ue our review and actively participate with our member tribes in evaluating the plan. As you know, plans for Indian Country of the past have not worked well when they don't have the full participation of the tribes in their development. We will expect to communicate further with the Subcommittee as the process moves forward.

SKOKOMISH/CUSHMAN PROJECT FUNDING

We support the Skokornish Indian Tribe's request for $480,000 plus contract support for continued funding necessary to achieve settlement of fisheries and water resources conflicts associated with the Cushman hydroelectric project that has been ongoing for the last seventy years. Continued funding in FY1998 will allow the Skokornish Indian Tribe to build on progress made to date and secure a pragmatic resolution of Cushman project issues that will protect the tribe and will produce enormous public benefits.

CONCLUSION

We appreciate the Subcommittee for its continued support of the tribes and the NWIFC as we implement our co-management responsibilities. It takes funding resources to make our management system work, but the return on our efforts are many. Tribal communities depend on fisheries for their cultural, social and economic livelihood. Because of our tribal management capabilities, in large part supported by this Subcommittee, we are seeing some progress in protecting and restoring our fish runs. Because of this, our communities are healthier than they have been in the past. And, while we still have a long way to go to be healthy, we are making progress. Thank you for your attention to our needs.

N:IOOCUMEN1\TESTIMON\TSIAP98.240 273

THURSDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESSES DAVE W. WHITENER, SQUAXIN ISLAND TRIBE ANDY WHITENER, SQUAXIN ISLAND TRIBE DAVE BURNETT, SQUAXIN ISLAND TRIBE Mr. REGULA. Squaxin. Okay, you're located where, what State? Mr. DAVE WHITENER. The State of Washington. Mr. REGULA. We've got a lot of State of Washington here. Mr. DAVE WHITENER. Yes. We're right on the southern end of Puget Sound, end of the line. Mr. REGULA. End of the line. Mr. DAVE WHITENER. I have with me the treasurer, Andy Whit- ener, and Executive Director Dave Burnett. Mr. REGULA. You're interested in health issues, I gather? Mr. DAVE WHITENER. Yes, we have TPA issues, health issues, trust responsibility, shellfish management, and contract support that we'd like to talk to you about. As far as TPA is concerned, we think there's some possibility of what's been referred to as means testing that's on the horizon. There's been an attempt to tie tribal funding to income-producing activities like-- Mr. REGULA. You don't think we should do that? Mr. DAVE WHITENER. I don't think you should do that, not for us. For the casino, we have-- Mr. REGULA. Oh, you have a casino? Mr. DAVE WHITENER. Right, we have a small casino, and-- Mr. REGULA. How small? How much does it produce for the tribe? Mr. DAVE WHITENER. Nothing. Mr. REGULA. What's that? Mr. DAVE WHITENER. It's nothing. We're just breaking even, and we're actually-- Mr. REGULA. You're just providing entertainment and no profit; is that it? Mr. DAVE WHITENER. A little of.-- Mr. BURNE'IT. A hundred jobs. Mr. REGULA. A hundred, oh, okay. Do you run it yourself? Mr. BURNE'IT. Yes. Mr. REGULA. Okay. Well, \that's significant then. Mr. DAVE WHITENER. There's about 400 employees. That 100 jobs represents roughly a third of the employment and it represents also about $2 million in salary to the tribal families. We'd like you to consider the fact that the balance of it benefits non-tribal members-in the local community. Mr. REGULA. There may be talk of means testing, but I don't think that's coming in the near future. Mr. DAVE WHITENER. Okay, that's good. Mr. REGULA. That's my impression anyway. 274

Mr. DAVE WHITENER. With trust responsibility, we're inter~sted in this new Office of Trustee. It looks a little bit like- Mr. ANDY WHITENER. Paul Holman. Mr. DAVE WHITENER [continuing]. Paul Holman, Office of Special Trustee. Mr. REGULA. Staff advises me he will be in for a hearing with us. Mr. DAVE WHITENER. Today? Mr. REGULA. No, not today. Mr. DAVE WHITENER. Three weeks from now? Well, we're a little concerned that there hasn't been very much put into this, and the worst part to us is that it includes more than just an individual needing money and loaning stuff. Mr. REGULA. So you have some concerns about it? Mr. DAVE WHITENER. Yes, it sounds a little bit like a back-door approach determination to us. Mr. REGULA. Okay. If you have some questions you'd like us to ask him, why, if you get them to us, we will. Mr. DAVE WHITENER. Okay. Mr. REGULA. It might be useful to you to find out exactly what's intended by this move. That's news to me. You know, I'm not aware at this point. That's why we're having the hearing. Mr. BURNET!'. And then he's talking about setting up like a banking enterprise that oversee all trust assets for tribes across the Nation, and it's just kind of-we're just not really sure what this is. Mr. REGULA. I think what's happening is that we've had problems in the management of the BIA historically, and we're trying to figure out how we can make this more effective in providing the services, get the money on the ground where the people are, and not so much in bureaucracy. Mr. BURNET!'. And I think the concern of other tribal leaders would be simply along the lines of-because management of 1AM sounds great, and if he's talking about making loans to tribes, I'm sure we'd line up with applications in our hand. But the thought of having a bank managing for us in fisheries resources and-- Mr. REGULA. You don't want somebody in Washington taking over your responsibility is the bottom line. · Mr. BURNET!'. Right. Mr. DAVE WHITENER. Realty doesn't seem like a good thing to put in a bank. Mr. REGULA. Well, we'll pursue these when we have a trustee here. Mr. DAVE WHITENER. We're one of the tribes that was involved in the case U.S. v. Washington, 1974, and so we have had our shellfish and fishing rights upheld, and we'll continue to do that. The recent shellfish decision expanded our management needs, and we manage for about 150 shellfish gatherers. We want to see the continued funding. We also would like to say that we're supportive of any kind of mediation that might occur, so that actually the longer you can stay out of court, the better we like it. It's going to go to the Ninth Circuit if we don't get a mediation. But we still will need expanded management funding. So that's one of our needs. 275

Mr. REGULA. You have all this, I think, in your statement. Mr. DAVE WHITENER. We want to tell you a success story about Indian health. Mr. REGULA. Okay. Mr. DAVE WHITENER. We contract with Indian Health Services. Because of that, we're able to expand our delivery of service to tribal members. Because of some creative funding, we've been able to negotiate a long-term loan for a really nice new building, and we actually tripled our patient operation-- Mr. REGULA. Do you have it pretty well staffed? Mr. DAVE WHITENER. It is pretty well staffed, out we're still in the process of getting another nurse and a full-time dentist, I believe it is. Mr. BURNET!'. And, actually, we thought we had a full-time staff until we opened up, and the numbers shot up, and we're thinking right now we probably need another at least part-time care provider. Mr. REGULA. Are you providing beds? Mr. BURNET!'. No, it's an outpatient clinic. Mr. DAVE WHITENER. Contract health services is all. Mr. REGULA. Right, right. Okay, anything else? Mr. DAVE WHITENER. We just have one more thing, and that, and that's contract support funds. For some reason or another, we never get the full amount and we never can get the Bureau of In- dian Affairs to come up with a response that somehow will provide that for us. Mr. REGULA. Well, I might suggest you have Mr. Dicks talk to the BIA because, you know, we don't get involved in management decisions; we obviously can't. Therefore, it becomes important that you have somebody intercede for you on your peculiar local situation. Okay, thank you very much. Mr. DAVE WHITENER. Thank you very much. [The information follows:] 276

SQOAXIN ISLAND TRIBE

TESTIMONY OF DAVE W. WHITENER, CHAIRMAN SQUAXIN ISLAND TRIBE BEFORE THE HOUSE INTERIOR AND RELATED AGENCIES APPROPRIATIONS SUBCOMMITTEE ON THE FY 1998 BUDGETS FOR THE BUREAU OF INDIAN AFFAIRS AND THE INDIAN HEALTH SERVICE THURSDAY, MARCH 6, 1997

Mr. Chairman and Members of the Subcommittee, on behalf of the Squaxin Island Tribe, I thank you for this opportunity to provide oral testimony on the FY 1998 Bureau of Indian Affairs and Indian Health Service. The following concerns and recommendations of the Squaxin Island Tribe are common, not only to us, but to Tribes both in our region and throughout the nation.

Region:tl Requests and Recommendations:

Support of20 Western Washington Tribes and the Northwest Indian Fisheries Commis~iC/-i fer Tnbal Shellfish Management, Enhancement and Enforcement funding to implement Tribai treaty rights through the establishment of base shellfish operations; Support for BIA request of $3,000,000 for continued implementation of the President's Northwest Forest Development Plan, "Job in the Woods" Initiative and the designation of $400,000 for the Tribal-State of Washington Wild Stock Restoration Initiative; Support requests and recommendations of the Northwest Portland Area Indian Health Board, the Northwest Indian Fisheries Commission, and the Northwest Intertribal Court System.

Self-Governance and Other National Considerations:

Support $400,000 increase to the DOI Office of Self-Governance for additional FTE's for Central Office and Field Offices as appropriate; Support for continued fonding of Self-Governance Communication and Education Project; Increase BIA and UIS Contract Support funds to address documented Tribal needs; and, Instruct DOI Secretary to ccmdinate with the Office of Special Trustee regarding the draft Strateei~ I'lan and e11~ure concurrence ,..,;th Tribe.s

SQUAXINISLANDTRIBE / S.E. 70SquaxlnLane / Shelton, WA98584 / Phone(206)426-9781 Tribal Council (206) 426-9783 Natural Resources (206) 426-9783 Health Clinic (206) 427-9006 277

Squaxin Island Tribe - FY1998 Appropriations Testimony Page2

National Issues

Tribal Priority Allocations: Support the President's FY 1998 budget for TPA at $757.3 million. New Starts: Provide funding for the Indian Tribal Justice Act (P.L. 103-176) and the Indian Child Protection and Family Violence Prevention Act (P.L. 101-630, Title IV). IHS Health Care-Welfare Reform: Provide direct funding for tribes to administer certain Medicaid and other welfare services closely tied to the health care arena.

TRIBAL PRIORITY ALLOCATION

The Squaxin Island Tn"be opened our casino in September 1995 and we are proud that more than 25% of our employees are tn"bal members. Our BIA general assistance payments have decreased to approximately one-third of the number ofusers prior to its opening. As is the case with most small gaming Tn"bes, our casino is not yet self-sustaining and requires the assistance of the Tribe to operate. This cost in addition to struggling to meet the increased needs of our people in providing job training, c .uld care assistance, and law enforcement services are taldng their toll on Tribal resources. Even though we have had an increase in needed services, we have not been able to address these needs with profits generated by the casino. Instead we have had to cover these increases with funds the Tribe receives from the BIA Tribal Priority Allocation account.

Recent testimony presented by Administration witnesses for an increase in the Tribal Priority Allocation account has raised Congressional concern which will undoubtedly seek to, once again, quantify the amount of monies generated by Tribal governments from income producing activities. We are leery that this concern will be further manifested into proposed reductions in Federal appropriations so desperately needed by Tribes. It appears that the catalyst for this undeserved scrutiny is and has been the success of a few Tn"bes in the gaming arena. Once again, stereotyping of Indian people abounds, only this time, we are all supposedly rich with gaming profits which is a gross misconception of reality.

We ask that this Subcommittee not be swayed by the few notable success stories and not make decisions based on embellished accounts by the media of Indian gaming. When the discussions are drawn to need based funding, we ask that you consider the needs of all Tribes, and recognize that for the majority, _we have historically been, and continue to be, in the under-funded column of the equation. Reports show that while the overall Federal spending has increased, actual spending for Tribal programs has decreased when inflation and population growth is factored into the total numbers. We encourage you to enter into consultation with Tribes to better understand our needs and to better address these needs through fair and adequate funding of Indian programs.

TRUST RESPONSIBILITIES

We are alarmed at some of the recommendations in the recently published Strategic Plan from the Office of the Special Trustee. This Plan was discussed at a hearing in the Pacific Northwest just last week, and questions were raised by Tribal leaders which need to be addressed before proceeding any 278

Squaxin Island Tribe - FY1998 Appropriations Testimony Page3 further. Although there was Tribal participation in the development of this Plan, why wasn't Indian Country kept apprised of the developments? And, why were we not consulted during the various formulative stages of the Plan? The idea of the Federal government delegating its Trust Responsibility to an independent banking enterprise to manage the trust is disturbing to us. And, the need to establish a separate American Indian Trust and Development Administration has not been explained to gamer the support or meet with the satisfaction of those it is intended to protect.

We are generally supportive of the goals around the management ofIIM accounts, and of establishing a mechanism for Tribes to make loans for development, but we are apprehensive of the idea of creating a banking enterprise which will purport to manage all other trust assets. Tribes have always been suspicious of any actions which appear to lessen the Trust Responsibility of the Federal government to the Tribes. When coupled with reports of elected officials making statements that the success of this Plan will hasten the elimination of the BIA, this appears to us to be a "back door'' approach to a termination effort.

SHELLFISH MANAGEMENT

The Squaxin Island Tribe was a plaintiff in the recent court case which reaffirmed the Treaty rights of the Tnbes in Washington State to harvest 50% of the shellfish product, and to act as co-managers of the shellfish resources. This involves management of both inter-tidal and sub-tidal species of shellfish.

For the past two years, we have been expanding our management of this very important resource to the Squaxin Island Tribe. Currently we manage the resource for about 150 Tribal harvesters who harvest shellfish for subsistence and commerce as has been the case since the Treaty was signed in 1854. To date, 100% ofour expanded enhancement and management efforts have been directly funded by Tribal dollars.

We have been following the current discussions of settlement efforts, and support these efforts in principle. The Tribe expects that any discussions will include more than a one time payment for the purchase of harvestable beaches. Our experience has shown that in order to be an effective co- manager of this resource, we need to be able to participate in management, enhancement, and enforcement activities.

As managers of this resource, we will need to continue to expand our management capacity. This will involve specialized training and equipment for our harvesters, our management staff, and our enforcement staff This will require additional one time monies along with additional funds for maintenance. We ask that the Committee look favorably upon not only our request, but those of our neighbors who will also be involved in this management effort: 279

Squaxin Island Tribe - FY1998 Appropriations Testimony Page4

INDIAN HEALTH SERVICE

Since the Squaxin Island Tnbe entered into a compact of self-governance for our share of the Indian Health Service funding, we have been able to make significant improvements in the delivery of health services to our Tribal members. Prior to our self-governance compact, we were like many other small tnbes with very little health services infrastructure. We were crowded into operating with 800 square feet of work space and providing limited services to the few Tnbal members in need of medical services.

This year, we are proud to say that we have opened a brand new health facility, and are providing expanded primary care to Tribal members. We are also providing dental care, and contract health services from one very modem and accessible facility. Our patient count has tripled, and continues to grow with new and expanded outreach and educational programs. We were able to accomplish this by creatively leveraging our funding to secure financing with a long term loan.

Even with this great report, we still have concerns. The Indian Health Service has never been and is not now funded at a level to meet the majority of the need in Indian Country. Although the current budget includes an increase over the prior year, if you examine the numbers more carefully, you will see that we are losing ground. The percentage of increase does not take into account that a conservative estimate of the medical inflation rate is about 5%, and the average population increase in Indian Country is about 2.3%. Using these figures, it is estimated that an additional $85 million would be needed in 1998 to keep pace with 1997. We ask that the Committee take a serious look at the dollars actually spent to address the medical needs of Indian people today, and as we move towards the next millennium. The quality of health care in Indian Country, is at a minimum, an embarrassment when compared to that received by others in this Country.

CONTRACT SUPPORT

Contract support continues to be a concern. For the past several years the Squaxin Island Tribe has offered testimony of the need to fund the full amount of Contract Support needed in Indian Country. The BIA still does not do an adequate job of identifying the need for inclusion in the Administration Budget. These funds are vital to Tribes to enable us to continue to maintain our core government functions. We request that the Committee require a report from the BIA which fully identifies the need, and recognize the Intent of the Self-Determination Act and fully fund Contract support.

Thank you. 280

THURSDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESS JAMES D. ROBERTS, SAUK-SUIATTLE INDIAN TRIBE Mr. REGULA. Sauk-Suiattle Indian Tribe, Mr. Roberts, chairman. Your statement's part of the record, and we'll appreciate it if you'll summarize. You've got about five minutes. Mr. ROBERTS. Okay. I'm James Roberts. I'm chairman of the Sauk-Suiattle Indian Tribe with the State of Washington. I appreciate this opportunity to present our testimony before this subcommittee today. I'll just kind of summarize our tribal priorities. We're requesting $190,000 increase in our tribal base budget for operations from BIA TPA tribal government account. Due to oversight failure of their Portland area office, the Suak-Suiattle Tribe was not funded at the minimum level as a small and needy tribe designation in 1995 and 1996. The support infrastructure needs a core staff and include a planner/grants writer and business development/management assistant and office equipment. Our No. 2 priority is an increase to $75,000 in the IHS budget for small and needy tribes, and we need a designation status also. Mr. REGULA. What's the size of your tribe? Mr. ROBERTS. Two hundred members. Mr. REGULA. Do you use public schools? Mr. ROBERTS. Yes. Mr. REGULA. And do you have a reservation? Mr. ROBERTS. Yes. Mr. REGULA. Do you live there? Mr. ROBERTS. Yes. Mr. REGULA. I see. And you use contract health services then? Mr. ROBERTS. Yes. Mr. REGULA. And your people, their jobs are working around in the economy in the area; is that correct? Mr. ROBERTS. Yes, we live in a timber-depressed community. Mr. REGULA. So the job base is in the timber industry then; is that right? Mr. ROBERTS. Yes, but it's basically nonexistent. . Mr. REGULA. Yes, you're in trouble right now. Okay. Anything else you want to tell us? Mr. ROBERTS. Our third priority is an increase of $200,000 in our law enforcement to secure office space, hire and purchase equipment for two officers, a probation/truant officer, and a short-term . holding facility. Our next priority is an increase of $375,000 to develop e~onomic enterprises in our tribal government account; $20,000 increase in . higher .education scholarships; $150,000 ·is our sixth priority for our tribal base budget to support a tribal court prosecutor and public defender, a court clerk, and court operations. ' We're asking for an additional $75,000 to our tribal budget base for Indian child welfare. We currently have only one Indian child welfare---like with our law enforcement, we only have one person 281 to do all the stuff. With our law enforcement, we have one person, and we have to contract with other facilities for detention, and that can take up to 16 hours to process somebody. So we go without law enforcement for long periods of time. And the same with our ICW worker; if they have to go do some counseling or set up things, they're gone, and if an incident comes up, it's a real problem. Of the $190,000, we are requesting an increase in tribal government staff. Retention of core management staff has been difficult, in large part due to the remoteness of where we are and an inability to be competitive with larger tribes-- Mr. REGULA. You're in a rural remote area? Mr. ROBERTS. Yes. It's 50 miles from any of the urban areas, one way. This problem was exacerbated in 1995 and again in 1996 when the BIA did not fund the tribe for a minimum amount under the small and needy tribes designation. The tribe desperately needs to fill the positions of a planner/ grant writer or business development person to secure funds. Mr. REGULA. Okay, well, we've got your testimony, and we'll take these into consideration. Mr. ROBERTS. Okay. Mr. REGULA. Thank you for coming. Mr. ROBERTS. Thank you. [The information follows:] 282

5318 Chief Brown Lane Darrington, Washington 98241

TESTIMONY OF (206) 436-0131 JAMES D. ROBERTS, CHAIRMAN (206) 435-8366 SAUK-SU/A TTLE IND/AN TRIBE Fax (206) 436-1511 BEFORE THE HOUSE INTERIOR & RELATED AGENCIES APPROPRIATIONS SUBCOMMITTEE ON THE FISCAL YEAR 1998 BUDGETS FOR THE BIA & /HS ON MARCH 6, 1997

I am James D. Roberts, Chairman of the Sauk-Suiattle Indian Tribe of Washington State and I appreciate the opportunity to present oral testimony before this Subcommittee today.

TRIBAL LEVEL APPROPRIATIONS PRIORITIES: 1) + $190,000 to Tribal Budget Base for Government Operations in the BIA TPA Tribal Government Accouat due to an oversight and failure by the Portland Area Office, the Sauk Suiattle Tribe was not funded at the minimum level as a Small and Needy Tribe designation in 1995 or 1996. Support Tribal infrastructure needs of core staff to include a planner/grants writer, a business development/management assistant and office equipment; 2) + $75,000 in IHS Budget for Small and Needy Tribe Designated Status; 3) + $200,000 for Law Enforcement to secure office space, hire and purchase equipment for two officers, a ProbationfTruant officer and office space/detention facilities with necessary equipment and allow short term holding facilities in ths BIA TPA, Public Safety and Justice, Law Enforcement Tribal Agency Account; 4) + ~00 to develop economic enterprise from the BIA, Tribal Government Account; 5) ±. __$2__0.000 Increase Higher Education Scholarships in the BIA Education Scholarship Account; 6) ±,1150,000 for Tribal Budget Base to support Tribal Court Prosecutor, Public Defender, and Court Clerk and for Court Operations to be added to BIA TPA; and, 7) + $75,000 to Tribal Budget Base for Indian Child Welfare for administrative staff and additional counselors to work with children and dysfunctional families in the BIA TPA. for Human Services, ICWA Account.

REGIONAL APPROPRIATIONS PRIORITIES: 1. Support for 20 Western Washington Tribes and the Northwest Indian Fisheries Commission for Tribal Shellfish Management, Enhancement and Enforcement funding to implement Tribal treaty rights through the establishment of base shellfish operations; 283

Sauk-Suiattle Tribe Testimony March 6, 1997 FY 1998 BIA & IHS Appropriations Page 2

2. Support for technical · correction of BIA Western Washington-Boldt Implementation and U.SJCanada Pacific Salmon Treaty funding to levels consistent with the previously identified level as directed by the Subcommittee; 3. Support for BIA request of $3,000,000 for continued implementation of the President's Northwest Forest Development Plan, "Job in the Woods" Initiative and the designation of $400,000 for the Tribal-State of Washington Wild Stock Restoration Initiative; 4. Support for $150,000 increase to Northwest lntertribal Court System base funds for FY1998 in the BIA Tribal Priority Allocation account; and, 5. Support requests and recommendations of the Northwest Portland Area Indian Health Board, the Northwest Indian Fisheries Commission, and the Northwest lntertribal Court System.

NATIONAL APPROPRIATIONS PRIORITIES • Tribal Priority Allocations: Support the President's FY 1998 budget for TPA at $757.3 million; New Starts: Provide funding for the Indian Tribal Justice Act (P.L. 103-176) and the Indian Child Protection and Family Violence Prevention Act (P.L. 101-630, Title IV); BIA Education: Increase BIA funds for Adult Education at $4 million; Johnson O'Malley at $54 million; Replacement School Construction increases at $10 million over FY 1997 funding levels; DOE Education: Reinstate and provide funding for the Department of Education, Office of Indian Education funding for discretionary grant programs as well as funding for the National Advisory Council of Indian Education; IHS Services: Provide funding for HIV/AIDS-related medications; IHS Facilities: $149 million is needed to support tribal facilities; and, BIA/IHS: Increase BIA and IHS Contract Support funds to address documented Tribal needs.

TRIBAL PRIORITY REQUESTS - NARRATIVE: BACKGROUND

The Sauk-Suiattle Indian Tribe has 200 members and is signatory to the Treaty of Point Elliott in 1855. We have never received a reservation after the treaty as the lands set aside for my people were already taken by others. In 1984 we settled on the 13 acre portion our reservation near our original homelands in the foot hills of the Cascade Mountains. As a small tribe, our needs are magnified as the basic tribal government support resources just aren't available.

+ 190 000 - Increase in Core Tribal Government Staff. The retention of core management staff has been difficult in large part due to the remoteness of the location of the reservation and our inability to be competitive with larger Tribes and corporations for salaries. The problem was further exacerbated in 1995 and again in 1996 when the BIA did not fund the Tribe for the minimum amount under the Small and Needy Tribe desjgnation. The Tribe desperately needs to fill the positions for a planner/grants writer, a bus!ness development/management assistant and office equipment This costly oversight has totalled more than $75,000 for 1995 284

Sauk-Suiattle Tribe Testimony March 6, 1997 FY 1998 BIA & IHS Appropriations Page 3 and 1996. In addition, this has inhibited the Tribes' ability to progress towards long term Tribal government planning and employment This is a critical request for the Tribe - for the future of our children and for the stability of the Tribes' existence. The Tribe requests a $190,000 appropriation increase to the BIA Tribal Priority Allocation, Tribal Government, Other Aid to Tribal Government Budget Base.

+ $75,000 - Increase in BIA Indian Child Welfare. Half of the Tribe's population is 18 or younger and 75% of the children on the Reservation have received Indian Child Welfare services. Because of the Reservations' small population base and remote location which requires extensive travel time, the Tribe does not receive comparable operating funds with other Tribes. Sauk-Suiattle requests that a $75,000 appropriation be added to the Tribes base budget through the BIA Tribal Priority Allocations, Human Services, Indian Child Welfare Act account to provide for added counseling and management to work with children and dysfunctional families.

+ $200,000 - Increase in BIA Law Enforcement The Tribe requests a $200,000 increase for BIA TPA, Public Safety and Justice, Law Enforcement Tribal Agency Account, so that the Tribe can hire, and equip two officers, a probation/truant officer, provide the office space/detention facilities with necessary equipment and allow for short term holding facilities. The Tribe has only one police officer and jail facilities are hours away. The Tribe needs a second officer to provide backup and to protect the reservation community when the officer is away. The Tribe can only utilize the County facility for adult offenders when space is available, otherwise they are housed in the Tribal offices. Juvenile offenders are transported to the Puyallup Detention Facility, however, this requires that the one officer transports the juvenile which means he is not available to the Sauk-Suiattle for sixteen hours; the time necessary to transport and process the juvenile at the off reservation site. The Tribe applied for a FAST COPS grant but was unable to make the match. The award was rescinded.

+ $375,000 to develop ec'onomic enterprise. The Sauk-Suiattle Indian Tribe is focused on developing economic self-sufficiency. However, the current trend of cuts far outweighs the actual portion of federal monies utilized by the Tribes, and heavily impacts Congressional recognition of the need to meet treaty and trust responsibilities.

The Sauk-Suiattle Indian Tribe has initiated a planning process to develop economic enterprise that will provide long term financial stability, employment for Tribal members, reinforce the need for education for Tribal members, and allow the Tribe to assume true Self- Determination and financial independence.

Since these efforts require dedicated time to expedite results, the Tribe requires stable "economic incubation" funding for a period of 3 years in order to:

1) hire a business manager/planner to focus on the effort, 2) develop a complete business plan, 3) initiate a viable financial enterprise(s), and 4) develop sufficient capital to "stand alone".

The tribe has calculated a three (3) year cost of $250,000 for this project to reach a return on the investment, including the necessary "seed" capital to begin the actual enterprise and meet 285

Sauk-Suiattle Tribe Testimony March 6, 1997 FY 1998 BIA & IHS Appropriations Page 4 all anticipated "incubation" costs. The U.S. Government benefits as a result of a decreased financial need of the Tribe, as well as1the benefits of employed Tribal members not requiring the current level of governmental as~istance.

Also, Tribal Economic Enterprises will employ those members of the larger community outside the Reservation who are currently unemployed as a result of the economic downturn in forest product work. The local community was designated a depressed timber community.

+ $20,000 Increase Higher Education Scholarships in the BIA Education Scholarship Account. The Tribes current 638 contract with BIA only provides funds for 20% of the Tribal members seeking higher education. The Tribe requests that BIA Portland area office scholarship funding be.increased by $20,000 to provide educational opportunities to Sauk-Suiattle Tribal members to attain their highest potential. Our base budget includes less than $4,000 in scholarship funds, even though more than half of the population is of college age.

+ $150,000 for Tnbal Budget Base to support Tribal Court Prosecutor, Public Defender, and Court Clerk and for Court Clerk and for Court Operations to be added to BIA TPA;

+$75,000 to IHS for Small and Needy Tribe Status. The formula for funding--- allocations requires that a Tribe with less than 500 members be designated as Small and Needy Tribe. Such is the case with the Sauk Suiattle Tribal membership - less than 200. However, due to an oversight by the IHS, we did not receive confirmation under this status. Hence, the Tribe has not received funding to provide the health service and preventative care delivery to its members. The Tribal community has high rates of alcohol/substance abuse, diabetes, child/domestic abuse, communicable disease, cardio-vascular disease and mental health. We request an increase of $75,000 in the IHS Budget that will address this need and request the Committee to direct the Portland Area Office to confirm & fund our small and needy Tribe status.

In conclusion, we are a small tribe. We urge that Congress remembers the small tribal governments, our management problems and needs, in your appropriations decision. Most importantly, we urge that funding for tribal governments, their programs and their developments be given the highest priority. Thank you. lnUmon\lhlap98.65 286

THURSDAY, MAR.CH 6, 1997. BUREAU OF INDIAN AFFAIRS WITNESSES ELBRIDGE coocmsE, NORTHWEST INTERTRIBAL COURT SYSTEM DONNA STARR, NORTHWEST INTERTRIBAL COURT SYSTEM Mr. REGULA. Northwest lntertribal Court Systems, Judge Coochise. Okay, Judge, tell us, "intertribal," does this mean you serve more than one tribe? Mr. C00CHISE. Eleven tribes in the Northwest, western Washing- ton State. Mr. REGULA. You have a court system- Mr. C00CHISE. A circuit court system. Mr. REGULA. For the 11 tribes? Mr. C00CHISE. For the 11 tribes. Mr. REGULA. Okay, and it's funded by the BIA? Mr CoocmsE. Correct, under their TPA base budget. Mr. REGULA. I assume you need some more funding. Mr. Co0CHISE. Correct. We're requesting an additional $150,000 for the intertribal court system to help with operations and restaff for a position, a third judge. Mr. REGULA. How many judges do you have? Mr. C00CHISE. We have currently two, and because of there's basically right now 26 days per month of the court being handled with two judges, and there's only 20 days available, we don't have enough judges to handle the court. · Mr. REGULA. You travel from community to community? Mr. C00CHISE. Yes, the court's at the tribal location; our administrative office is in Edmonds, kind of a middle of the State to the tribes. It's a two-hour average travel to the tribes one way. So it's generally a four-hour travel for the prosecutor and the judge. Mr. REGULA. You have about one day a month in each of the areas? Mr. Co0CHISE. No, between two and six days a month, depending on the caseload for the tribes. Mr. REGULA. Right. If you find an individual guilty, where would they be incarcerated? Mr. CoocmsE. It depends on where the tribe has a contract, either with the county or the city facility. Mr. REGULA. Okay. So the tribe has the ability to contract for those facilities? Mr. C00CHISE. Yes. None of our tribes have a jail facility on the reservation. Mr. REGULA. I understand. Mr. C00CHISE. So they contract with the counties and the local cities for that service. Mr. REGULA. But you have court reporters and you have all the people to support the system? Mr. C00CHISE. Well, we don't have court reporters, but we do record all the proceedings electronically. Mr. REGULA. I see. Okay. 287 Mr. CoocHISE. And then for appeals they're all transcribed for the appellate court. Mr. REGULA. Where does it go for appeals? Mr. C00CHISE. It goes to the tribe's court of appeals. We also handle 20 of the other tribes in Washington State, Oregon on appeals at least one or two times a year for them a special appellate project. Mr. REGULA. Are you appointed, then, as a judge? Mr. C00CHISE. There's both. There's appointed and elected within that structure, but generally it's appointed by the tribal councils. Mr. REGULA. And that would be your case then? Mr. CoocmsE. Correct. And then the terms are, depending, from one year to four years. Mr. REGULA. It's required you be a lawyer then? Mr. C00CHISE. No, it's not. Mr. REGULA. It's not? Mr. C00CHISE. No. There's differences in requirements, but it's not required to be a lawyer. Mr. REGULA. I see. Mr. CooCHISE. The other request is for really to-because of the cutbacks in the last few years, we just can't do the work--even from 1995 1to 1996, we found better than a 64 percent increase in the caseload for just the member tribes. We do need additional funding to meet those needs. We've got another-which is everybody's problem now, I think.- the Welfare Reform Act with the child support enforcement. Mr. REGULA. Yes, right. Mr. CoocHISE. Without additional resources, it's going to be hard-pressed for the tribes to handle that. So we're asking within the $150,000 for restaffing those four positions: judge, prosecutor, law clerk, and another secretary prosecutor. Mr. REGULA. Are you part of the team? . Mr. CoocHISE. Yes, this is Donna Starr. She's our board of director for our system who sets policy for the consortia. Mr. REGULA. Okay. Mr. C00CHISE. One of our requests nationally is, because we've got it in our testimony as an attachment-we're 254 courts in In- dian country today. There's only $10.4 million to operate. We're back, basically, to the Fiscal Year 1991 level, and we're requesting that $20 million be added to the TPA. Mr. REGULA. The overall budget. Mr. COOCHISE. Yes, nationally, so that some of these new issues--certainly the welfare reform issues--can be addressed. Mr. REGULA. Okay. Thank you for bringing this to our attention. Mr. C00CHISE. Do you have any questions that we'd be glad to answer? Mr. REGULA. No, I think you've. covered it. We probably could spend a lot more time, but we don't have it. Mr. CooCHISE. Okay. Well, thank you very much, Mr. Chairman. Mr. REGULA. Yes. Thank you. [The information follows:]

40-073 97 - 10 288

NORTIIWEST INTERTRIBAL COUIU SYSTEM

144 RAILROAD AVENUE Phone (206) n4-5808 SUITE#302 Fax (206) na-7704 EDMONDS, WA 98020

ELBRIDGE COOCffiSE Administrator and Chief Judge Testimony of Elbridge Coochise, Administrator/Chief Justice NORTHWEST INTERTRIBAL COURT SYSTEM House Interior & Related Agencies Appropriations Subcommittee Hearing on the Fiscal Year 1998 Appropriations for BIA March 6, 1997

The Northwest lntertribal Court System (NICS), a Tribal Court Service Consortium of 10 member Tribes, provides on-reservation judicial and prosecutorial services· to the member Tribes and one non-member Tribe. This "circuit" court system provides each Tribe on- reservation Tribal Court functions for a limited cost/time share each month. The Court, inclusive of Judges, Prosecutors and court staff travel to the Tribes for on-site administration of justice. We request an additional $150,000 in FY1998 for additional staff, salary increases for existing court personnel, operations, and staff training.

In order to improve the efficiency, effectiveness and appropriate forum of justice for our member Tribes, NICS requests that $150,000 be included in our base funds for FY1998 appropriation in the BIA Tribal Priority Allocations, Public Safety and Justice, Tribal Court Budget Base Account:

1. For NICS operations inclusive of salary increases, a 5% Cost of Living (COLA) increase for existing court staff: $38,000 • Core Staff with COLA and fringe benefits ($15,954); Operational Expenses to support personnel travel, training for Professional staff of judges, prosecutors and clerical staff, two PC computers, supplies and augment existing budget limitations ($22,046)

2. Re-staff four positions, with fringe benefits, that were terminated due to tha cuts in funding in FY 1996: $112,000 * Third Associate Judge, third Assistant Prosecutor, second prosecutor's secretary, and one Law Clerk.

NAIIQNAL RECOMMENDATIONS We request an additional $20 mllUon be added to tha BIA Tribal Priority Allocations for Tribal Judicial Systems for FY-98. ·

PL 103-176, "The lndilln Tribal .Justice Act" is no~ law a:,d authorizes $58.4 million for Tribal Judicial systems. Clearly, this law emphasizes Congressional Intent for.increased funding support for Tribal Court operatio11s. No funding reque&t has been made by the BIA or the Department of Justice. We request that the Aop,opria\ions Committee supports the Authorization Committees' _legislative pro·,isions. Our recommendations are based 'on a past decade historical pattarn oi minlm;i_l support er co!'lsit:leration f_or Tribal Coun: needs. (See appendix, pg. 7) '289

Testimony of Bbridge Coochlse Northwest lntertrlbal Court System Page 2

Neither the BIA or Department of Justice have requested funding for Tribal Judicial Systems since the law was enacted. Yet, funding has been requested and received to address violence, drug trafficking, policing, counseling and other elements involving the justice system. How are Tribal Courts expected to maintain operations and provide judicatorial powers with inadequate funding for personnel and equipment? Tribal Courts are consistently bombarded with more cases than they are equipped to handle due to lack of funding.

Nationwide, we request: • Increase BIA Tribal Courts by $20 mnrion to improve Tribal Court Operations Added to Tribal Priority Aliocations, Public Safety and Justice, Tribal Courts Budget base; · Provide $500,000 in DOl's Office of the Secretary to support a comparative analysis study of Tribal- County-State funding and responsibilities for law enforcement, courts, social services with emphasis on child welfare and juvenile delinquency, with report due Congress by 3/1/98; Increase FYl 997 enacted level for BIA Contract Support Funds by $25 million to address documented need and add to·Other Recurring programs, Tribal Government Budget Base; Direct BIA to begin process to identify actual need in future budgets; and, Direct BIA to accurately assess and support Tribal Cost of Living Adjustments and begin to provide for inflation adjustments in program budgets according to the Consumer Price Index.

JUSIJRCAJION FOR N!CS EYl 998 AP PROPRIATJONS REQUEST A Tribal government's capability to deliver fair and impartial justice to its membership is certainly as important as law enforcement to protect individual freed.oms and public welfare. As the U.S. Commission on Civil Rights reported in June 1991, Trjbal Courts basjcany Jack suttjcjent fjnancjal ~-to provide good judicial services. The NICS offers this "circuit system" to provide basic court services, but proposes that with additional support we can represent a cost-efficient model for other Tribes and rural communiti~s. It i_s not the capability and will, but the means to deliver court services, that's the problem ..

In FY-96 NICS incurred cuts totaling $78,000. The damage resulted in a budget of $326,332 which included $232,944 base funds for the member tribes and $93,388 for the regional ·appellate project. Prior to the 13.1815% cuts from the FY-95 budget, the share per member tribe was $29,173 for their court services, which is not sufficient to· ·operate a court system. With these cuts 3 FTE's were eliminated. The $326,332 does not provide sufficient funds to our System given the- increase in caseload from FY-95 to FY-96 ... (See appendix-chart pg. 6)

Our justification for each appropriation component to be Included In the Tribal Priority Alloca11ons, Public Safety and Justice, Tribal Court Budget Base Account is as follows:

1. for the Qperatjons of the Nonhwest llrteddhol Cgurt Syatem Salary lncmasu a 5% Cost of UyJng (COLA) and 29 §§% Fringe Benefits• ooo · The existing staff have not received salary increases since October 1995; cost of living adjustments, nor inflation are provided. Current Consumer Price Index [CPI] must be addressed if we are to retain quality staff and maintain services. It is paramount that the funding for the core operations of the NICS is included as a base budget item in the TPA Account.

Funding to support conservative increases· in staff operational costs; to provide for the services necessary to adequately meet the needs of the member Tribes such as travel, rental of GSA vehicle, supplies; to address the chronic shortage in operations costs; training for professional staff of Judges, Prosecutors, and clerical staff to keep abreast· of changes in law, upgrading of knowledge skills, and mandatory CLE training. 290

Testimony of Bbrldge Coochlse Northwest lntertrlbal Court Syatem Pege3

Technological advances, as emphasized by the Administration and Congress, to make our jobs less burden-some hinder the ability of court personnel in meeting the work requirements necessary to address the needs of member Tribes. Two computers are needed at the Edmonds offices to maintain the overall record-keeping process, improve statistical information analysis, and in the long term, reduce travel and site visits now required would enhance our capability.

2. Re-at;lffing four Politioo, with fringe Beneflta That Were Jermtont!Jd Pue to the Cuti lo fyncflng lo EY 199§· $112 000 Member Tribes hold Tribal Court 2 to 7 days per month or an average of 3.5 court days per month or approximately 26.25 court days per Judge. Given 20 work days available per month, 2 Judges simply can't provide the needed services. A third associate Judge would provide the requested service and be available for unexpected court demands, sickness and vacations.

For the past several fiscal years, seven positions have been eliminated, attributable, in large part, to insufficient funding of the NICS by Congress in FY 1996, the cuts in FY 1996, and no increases in FY-97. The seven lost positions are: a third Associate Judge, a third Assistant Prosecutor, two Public Defenders, one Office Manager, one Receptionist, and one Law Clerk. Restaffing of four of these positions, a third Associate Judge, third Assistant Prosecutor, second prosecutor's Secretary for the Southam office, and one Law Clerk, are at a critical stage given the increase in caseload activity in the System.

In order to ensure due process for their members, the Tribes have requested that Public Defenders be available for their individual members even if only in criminal cases where jail is a possibility as part of the sentence However, this is not possible with the current level of funding. Tribes are concerned that their Tribal Courts offer fair forums and services for their people. Public defenders are needed by the member Tribes in order to have a balanced justice system within their jurisdiction. In the past some member tribes have utilized an informal dispute resolution process to handle disputes under our Community Boards Peacemaker project, which was funded by private foundations. This process follows the traditional process of handling disputes by the· Tribes. It is a better process in many areas where jurisdiction, multiple litigants, and other factors would only hamper settling of the dispute in the adversarial process used by the courts. It gives parties more participation in the decision-making process to resolve issues.

NfCS Apprgpriatjons Requuu end Recommendat1on1· National Level The Tribal Courts, as a third component of Tribal Governments, is the provider of justice needs of the Tribes in their exercise of the powers of Self-Government and the protector of Indian Civil Rights Act (ICRA) rights, can only be guaranteed by providing adequate resources to carry out those obligations and rights. As an integral part of the exercise of sovereignty and providing justice, the Tribal Courts, as are the State, county and municipal courts, the balancing entity charged with assuring that justice is carried out for the Tribe and its people.

Whereas Law Enforcement is charged with the maintenance of Law and Order as the arm of the Executive Branch, the Tribal Courts are charged with the judicial functions of interpreting law and providing a fair forum where our people are allowed to assert their views and/or rights which assist Tribal governments in a balanced system of justice.

We reiterate that justice syatems cannot effectively operate for Tribal governments without adequate support resources. Comparable Federal, State, County and Municipality Court functions are supported directly by their respective tax base. Tribal governments must rely on Federal support through the BIA 291

Testimony of Bbrldge Coochlae Northwest lntertrlbal Court System Page4

to maintain justice for their people. Tribal Courts, of course, must compete with all other BIA priorities in the budget process. Hopefully, through new Tribal Court authorization legislation, Tribal Courts will be supported adequately. I am sure when future comparisons are made as to resources made available to Tribal Courts versus other judicial systems, it will be quite clear that we are providing judicial services with very limited support.

Since the 103rd Congress passed the Indian Tribal Justice Act (December 3, 1993) PL 103-176, which authorized $58.4 million, we urge this Committee to provide at least $20 million for the 254 Tribal Courts in the FY1998 appropriations. The 1991 report of the U.S. Commission on Civil Rights documents that inadequate financial support is the fundamental problem facing Tribal judicial systems. Therefore, we request $20 million be added to BIA Tribal Priority Allocations, Public Safety and Justice, Tribal Courts Budget Base for Tribal Courts, nationwide. Additionally, a $25 million increase over the FY1997 enacted level for Contract Support Funds in FY1998 and a process created for the BIA to accurately assess · indirect cost needs are crucial. Further, Congress should direct the BIA to provide for Cost of Living Adjustments and inflation based on the Consumer Price Index in the future.

I appreciate your consideration of my presentation.

Attachments: (11 Geographical Map of Tribal Location for NICS (21 NICS caseload comparison 1995 to 1996 (3) BIA Budget Justification Estimates - Tribal Courts (4) NAICJA Tribal Justice Survey Summary (51 P.L. 103-176 Authc:irizstlon UOITSIAfOO.TST Tm.m.sDAY, MARcH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESS W. RON ALLEN, JAMESTOWN S'KLALLAM TRIBE; U.SJCANADA PACIFIC SALMON COMMISSION; AND THE NATIONAL CONGRESS OF AMER- ICAN INDIANS Mr. REGULA. The Sac and Fox Nation, Dora Young. She's apparently not here. The Jamestown Tribe. Oh, I see, okay, they were on earlier. Mr. ALLEN. Yes. Mr. REGULA. Okay. Mr. ALLEN. Well, good afternoon, Mr. Chairman. I'm here actually in three capacities. One as the chairman for the Jamestown S'Klallam Tribe, my tribe, with our request that we have submitted before you. I'm also the tribal commissioner on the U.S./Canada Pacific Salmon Commission. So I've got a presentation to you on behalf of the 24 tribes, the Bulk decision· area tribes, and also the Co- lumbia River-Columbia decision tribes that participate in that forum. We have another presentation or testimony that we want to provide to you that's on its way up here right now from the Na- tional Congress of American Indians. In that capacity, I'm the president of the National Congress of American Indians. Mr. REGULA. So you have five minutes to wear three hats. Mr. ALLEN. We've got to move fast and talk fast. Mr. REGULA. You sure do. Mr. ALLEN. So my main concern is that, within CAI and the Pa- cific Northwest Treaty, we are basically going to submit that to you for the record and for review. We feel we can come back and talk to you about those issues. In the Pacific Northwest, the treaty for the salmon, as you know from the Northwest Fish Commission, is an important agenda for us, and that treaty is an important objective in terms of helping restore the fish. We want your support to get the full funding to allow us to continue to participate with the State and the Federal Government in that forum. We've had mixed results. It's been a real delicate and difficult arena, but we feel that our ability to contribute makes a big difference in that arena. With the tribe, we have essentially three primary requests that we're asking of you. Since we're one of the original self-governance tribes, we have initiated this project from the beginning back in 1988, when there was a pilot project, and in 1990, when it became a full-fledged project, and we're now moving into IHS as well. So we're really excited about this, this effort. We have a request to-- because of some problems that we've had in terms of the difference in the way the Bureau treated self-governance versus other funds for like fisheries and fish and wildlife programs, we have received some cuts in the last couple of years that we feel are unfair to the tribe. So our request with regard to the BIA side is getting restoration of $182,000 to our self-governance compact that is outlined in that detail. 293 The second issue is with regard to the IHS self-governance compact, and in that arena we were selected as one of two pilot tribes to conduct a new concept in contract health care management services. This program-we also were somewhat underfunded in taking on a whole new approach on how to deal with-or how to provide contract health care services. We feel it's a very good success and it's shown that we can maximize our dollars using the private sector, and we're very excited about it. So we're asking for a very modest increase in that budget to allow us to carry out and to implement this particular project. The other issue that's very important to us, we're a small tribe that was recognized back in 1981, and our tribe, when we were recognized, was not provided any kind of land base. So in 1983 we were able to secure a small grant that provided us a small 2-acre piece of property that we had converted into reservation status. There is a 10-acre piece that's adjacent to it that we've been trying to acquire, and that 10-acre piece is something that's been hanging there and they've been wanting to sell to us, and we've been wanting to buy it- Mr. REGULA. You need some money to do it? Mr. ALLEN [continuing]. And not having the resources. Basically, we feel it's going to cost us $600,000 to do that. With our reservation, we don't have people living on our reservation. Our people live off the reservation, but it's our reservation where we have our operations. It's where our facilities, all of our programs are managed, and that's where we basically conduct our tribal business, our community center, et cetera. So we're looking for assistance in that particular area. You'll see in our testimony that we are fully supportive of the Northwest Fish Commission, and as just presented to you, the Northwest lntertribal Court Systems. These organizations definitely serve us in the Northwest very, very well. Fisheries and habitat restoration is very important to us, and we think that those things are very important. The proposals that the President has submitted in his budget we think can address that matter, and we're hopeful that you'll be very supportive of it. The Northwest Portland Area Indian Health Board has also made some very strong and very good recommendations, as well as the National Indian Health .Board, and we're very supportive of them as well. Mr. REGULA. Okay. Mr. ·ALLEN. So there's a lot on our plate. We would hope that we can continue to work with you in. providing further detail and backup why that we believe that these are meritorious requests that we're ma.king. Mr. REGULA. Okay. Thank you, .and we'll put your testimony in the record then. Mr. ALLEN. Thank you very much. Mr. REGULA. Thank you. [The information follows:] 294

JAMESTOWN S'KLALLAM TRIBE

18 10~3 Old Blyn Highway, Sequim, WA 98382 206/683-1109 FAX 206/681-4643 Testimony of W. Ron Allen, Tribal Chairman and Executive Director of the Jamestown S'Klallam Tribe before the House Interior and Related Agencies Appropriations Subcommittee Hearing on the Fiscal Year 1998 Budgets for BIA & IHS March 6, 1997 Mr. Chairman, on behalf of the Jamestown S'Klallam Tribe, I thank you for the opportunity to express our concerns and requests regarding the Fiscal Year 1998 Bureau of Indian Affairs and Indian Health Service budgets. The following document presents the Jamestown S'Klallam Tnbe's funding priorities, as well as other regional and national concerns and recommendations for your consideration.

Overall Recommendation: The Jamestown S'Klallam Tril:!e strongly recommends that the Committee not consider any Bill, language or legislative riders which undermine Tribal sovereignty and our ability to advance our governmental capacity based on long-standing Federal/Tribal relations· and Federal lndlan law and policy.

Tribal-Specific Appropriation Priorities: 1. · $182,700 Increase In BIA Tribal Priority Allocation (TPAI plus full funding of related contract support costs for restor1;1tion of the Jamestown S'Klallam Tribe lilA Self-Governance base budget (total of ·$1,992,000); 2. $30,000 Increase In IHS Services Appropriations plus full funding of related contract support costs for the Jamestown S'Klallam Tribe IHS Self-Governance base budget (total of $877,000); and, 3. $600,000 one-time funding for the purchase of land adja~ent to our existing reservation.

Regional Requ_ests and Recommendations:- , . Support for 20 Western Washington Tribes and the Northwest Indian Fisheries Commission for Tribal Shellfish Manage~ent, Enhancement and Enforcement funding to Implement Tribal treaty rights through the establishment of base shellfish operations; 2. Support for technical correction ~f BIA Western Washington-Boldt Implementation and U.S./Canada Pacific Salmon Treaty funding to levels consistent with the previously Identified level as directed by the S~bcommlttee; 3. · Support for BIA request of $3,000,000 for continued Implementation of the President's Northwest Forest · Development Plan. "Job In the Woods" Initiative and the designation of $400,000 for the Tribal-State of Washington WIid Stock Restoration Initiative; · · 4. · Support for $150,000 increase to Northwest lntertrlbal Court System base funds for FY1998 in the BIA Tribal Priority Allocation account; and, · 6. Support requests and recommendations of the Northwest Portland Area Indian Health Board, the Northwest Indian ~lsheries Commission, and the Northwest lntertrlbal Court System.

·Self-Governance and Other National Considerations: I • 1. Support $400,000 increase to the DOI Office of Self-Governance for additional FTE's for Central Office and Field Offices as appropriate; · 2. Provide $150,000 from BIA and $1501000 from IHS for Salt-Governance Communication and Education Project; 3. Increase BIA and IHS Contract Support fuf!ds to addre:is documented Tribal needs; and, 4. Instruct DOI Seci'~tary to coordinate with the Oltice qt_Spei:lal Trustee regarding.the draft Strategic Plan and ensure concurrence with Tribes. . -. · 295

Jamestown S'Klallam Tribe - FY1998 Testimony Page2

TRIBAL-SPECIFIC APPROPRIATION PRIORITIES: • INCREASE IN BIA- TPA FOR TRIBAL SELF-GOVERNANCE BASE FUNDING +$182,700 We are now in our seventh year of BIA Self-Governance implementation and have successfully demonstrated that the concept of re-directing resources based on local priorities and needs has resulted in more effective use of those resources. Since initiation of our first Self-Governance Annual Funding Agreement in 1990, the Tribe has documented these successes on a quarterly basis through written program reports. These reports include compilation and measurement of program objectives and outcomes based on original "baseline measures• estabnshed prior to the Tribe's assumption of BIA programs. Al the Tnbal level, these measurable improvements include recorded increase in services to Tribal members for education, housing, social and cultural resources and are consistent with the Government Performance and Results Ad (GPRA) objectives which focus on program outcomes and budget justification. As a result of Self-Governance, the Tribe re-prioritized funding to expand economic development and address natural resources priorilles. Addillonally, we have established our own Tribal Policies and Procedures for implementation of the Welfare Assistance and Housing Improvement programs.

While the flexibilities afforded through Self-Governance and the establishment of a formal Tribal budget process have allowed us to re-prioritize and re-address our program needs and priorities, our Self-Governance base funding which was established by your Committee in FY1993 was subject to dramatic cuts as a result of the contlnuing resolutions for FY1996. Although partial adjustment was provided in FY1997, these minimal increases have not provided for restoration of funding for these key Tribal programs nor does the level of funding available begin to address inflation, pay costs and increases for population growth. These reductions have severely impacted our existing Tribal programs such as housing, social and cultural services, education and other key governmental operations and undermine the successes we have achieved to date through this historic initiative.

The Tribe requests the Committee to direct the BIA to increase our Self-Governance base budget to restore funding levels to no less than the FY1995 enacted amounts. The base amount for our Tribe Includes an increase of $182,700 In TPA-Self- Governance to our Annual Funding Agreement (AFA) amounts as origlnally negotiated prior to the adjustment for actual Congressional reductions. Additionally, although since 1993 we have negotiated a lump sum amount for contract support costs, this lump sum has only been partially funded each year. The inclusion of a negotiated lump sum amount for contract support costs establishes a base amount for indirect costs associated with those programs included in our AFA and provides protection and stability for these funds. Our total base amount of $1,992,000 includes full funding of contract support costs and represents the level of funding needed to maintain our base for future stability.

· INCREASE IN IHS SERVICES FOR SELF GOVERNANCE TRIBAL BASE FUNDING: +$ 30,000 We are now in our fcurth year of implementation of Self-Governance with the Indian Health Service. During that lime, we have negotiated for a·majority of the IHS programs and services and have re-designed our Tribal health services into a comprehensive Tribal managed care program. As a small Tribe managing a new and innovative program, it is critical that we maintain stable base funding levels to ensure successful implementation of our managed care program and to provide critical health care services to our members.

In FY1996, the Jamestown S'Klallam Tribe was one.of only two Self-Governance Tribes selected by the IHS to participate in a 3-year "pilot project" allowing for the establishment of base funding under Self-Governance. In FY1997, we successfully completed our Annual Funding Agreement negotiations with the IHS and have established the amounts, terms, and conditions for our Tribal base funding under this pilot project. While the terms of our Tribal base amounts allow for the Tribes to share equally in any inflatioruuy cost increases and other mandatories, the FY1998 IHS Services Appropriations budget requnt Includes a total S8S million In uunfundedn mandatory costs needed to maintain existing health services.

The TTibe requests the Committee to direct the IHS to restore mandatories in order to address the rising cost of providing health care services and to increase our Self-Governance base budget by $30,000 to provide for adequate medical and general inflationary costs needed to maintain our current Tribal health program. Consistent with GPRA goals and objectives, we ara currently in the process of developing a 5-year plan for our Tnbal Managed care program including financial projections and recommendations for improvements which are results-:oriented. Inflation Is a real factor which negatively impacts our Tribal budgets and service delivery capabilities. Based on our analysis, inadequate IHS funding fer mandatory costs will force the Tribe to reduce benefits and/or limit eligibility for services. ·our total base amount of san,000 represents the level of funding needed to maintain our base, including full funding of coritract support. The base budget concept is consistent with the spirit of Self-Governance, as well as with !1'¥1,budget reform principles which emphasize preservation of Tribal program funding. ' . . . 296

Jamestown S'Klallam Tribe - FY1998 Appropriations Testimony Page3

ESTABLISHMENT OF TRIBAL LAND BASE: $600,000 The Tribe Is requesting the Committee's assistance in securing additional land to add to our existing reservation. In the 1870's, Tribal members rejeded a relocation policy (urged on by white settlers) to move them from their historical lands to another Tribe's reservation. In 1981, the Jamestown S'Klallam Tribe achieved federal recognition. Since that time, we have been attempting to undo the effeds of this injustice, which had devastating social, economic, and cultural impacts for on the Tribe. We strongly believe the United States government has an obligation to assist the Tribe in correcting these negative impacts. One way this situation can be addressed is for the Congress to assist us to increase on our meager reservation land base; a base that would have been substantially larger had it not been for the 1OD-year wait for our recognition.

A contiguous ten (10) aae site still remains available for purchase at approximately $600,000. This land acquisition would allow us to expand our facilities to meet the steadily increasing demand for services by our Tribal members. Our Tribe is now at a critical juncture in this rapidly evolving situation. Any further development of the current Tribal facilities to meet expansion needs would be both environmentally and practically unsound. Based on some projections provided us by a local consultant, it will cost approximately $3,000,000 to construct the facilities that will be needed for the foreseeable future, given our rate of growth since our Federal restoration. The Tribe is confident it can obtain the resources to develop the facilities on the proposed site from a combination of sources; i.e. donations, seeking philanthropic support, and Tribal business revenues. We need Congressional assistance to purchase the adjacent property which is essential for logical and efficient growth management of the Tribal operations.

If the Tnbe does not acquire the tract and a third party purchases and develops the land, we will obviously be blocked from any further practical expansion of our reservation base due to the geographic conditions of this area. In eddilion, the likelihood of a price escalation for this acreage exists. The seller's price has sharply increased since 1985 due to the attractive conditions of our area and population growth. The Tribe needs to ad quickly to secure this opportunity before it is lost to development or realty investment speculation.

REGIONAL REQUESTS AND RECOMMENDATIONS:

• Support for 20 Western Washington Tribes and the NorthweSt Indian Fisheries Commission for Tribal shellfish harvest management, enforcement and enhancement to Implement Tribal treaty rights through the establishment of base shellfish operations. The Western Washington Tribes need financial support to establish basic shellfish management capabilities that compliment their existing professional management programs. This will help Tribes prepare for future shellfish enhancement and harvest activities as well as implement established lribaVstate agreements and other future cooperative management considerations requiring additional tribal shellfish management capabilities.

• Support for technical correction of BIA Western Washington-Boldt Implementation and U.SJCanada Pacific Salmon Treaty funding to levels consistent with the previously Identified levels as directed by Subcommittee. For the past two years, we have witnessed a direct attack on Tribal Self-Governance; and In the process, Indian management and capacity building funds have been severely reduced. While the Northwest Indian Fisheries Commission has shared in funding shortfalls, they are unwilling to be disproportionately affected. We strongly urge the Committee to maintain Trust, TPA and Self-Governance program funding. Additionally, we support the request for technical adjustments to be made by the Subcommittee to the Western Washington-Boldt Implementation and US/Canada Pacific Salmon Treaty funding to ensure that these accounts are funded as In previous years. As it now stands, the Administration's proposal has arithmetic errors that must be corrected to make these accounts whole.

• Support for BIA request of $3,000,000 for continued Implementation of the President's Northwest Forest Development Plan, "Job In the Woodsn Initiative and designation of $400,000 for the Tribal-State of Washington Wild Stock Restoration Initiative. We request that the Committee continue to provide $400,000 joint Tribal-State of Washington Wild Stock Restoration Initiative from the Bureau of Indian Affairs, Forest Development, Woodland Management; Northwest Forest Plan 'Jobs in the Woods' initiative, requested by the Administration at $3.0 million. This program is essential for development of a habitat inventory base from which restoration efforts can begin. This approach would be identical to that taken last year. The remaining $2.6 million from this Initiative will allow Tribes to conduct watershed analysis and watershed restoration ir:, watersheds within their usual and accustomed areas. These n:ionies will help restore critical salmon streams. 297

Jamestown S'Klallam Tribe - FY1991 Appropriations Testimony Page'

• Support for $150,000 Increase to Northwest lntertrlbal Court System base funds for FY1998 In the BIA Tribal Priority Allocation, Public Safety and Justice, Tribal Court account These funds include wages and fringe needed to re-staff four positions which were terminated due to the funding· cuts in FY1996.

•· We continue to support the rvquests anci recommendations of the Northwest Portland Area Indian Health Board, the Northwest Indian Fisheries Commlaslon, and the Northwest lntertrfbal Court System.

SELF-GOVERNANCE AND OTHER NATIONAL CONSIDERATIONS • Support Increase of $400,000 for the DOI Office of Self-Governance (OSG) for addltlonal FTE's for Central Office and Field Offices as appropriate. The OSG is responsible·for the facilitation of the annual negotiation process and implementation of the Self-Governance initiative within the Department In FY1997, a total of $180 million in funding has been obligated and transferred from the BIA to 202 Tribes under Self-Governance. The OSG presently has one office in Washington, D.C. and a field office localed in Vancouver, WA Under a.irrent legislation, an increase of twenty (20) new participating Tribes per year is authorized. The additional funding is essential for the necessary financial management and administrative staff to facilitate this increase in addition to the existing work load.

• Provide $300,000 as a base fundln.g amount for the Self-Governance Communication and Education Project. The purpose of this Project has been to provide technical assistance and factual information about Self-Govemance and to create an open atmosphere where this concept can be discussed, debated and developed by Tribal and Federal officials. The Project is vital to ensure that Self-Governance and its purposes are clearly understood and consistently developed by participating Tribal govemments, federal agency officials and non-participating Tribes. With the anticipated increase in participating Tribes and expansion of Self-Govemance to other federal agencies and program, continued funding is needed to provide these communica~on and education efforts.

• Increase BIA and IHS Contract Support Funds to address documented need. We request that the Committee ·directs the BIA and IHS to begin the process to identify actual need in future budgets and accurately report shortfall amounts. Despite the fact that contract support has been one of the very highest priorities nationally, the BIA has historically failed to adequately identify, measure and report the need and justification _for these funds. Because the BIA has never fully funded contract support costs, Tribes are forced to absorb these costs within existing programs thus reducing direct services.. The Tribes only other option is to use very limited Tribal funds.

• Instruct DOI Secretary to coordinate with the Office of Special Trustee regarding the draft Strategic Plan and ensure concurrence with Tribes. We have concerns regarding the recent draft Strategic Plan from the Office of Special Trustee and the obvious lack of a meaningful govemment-to-govemment consultation process. While aspects of the draft plan may be viewed as a positive way to improve and resolve trust funding management problems, the proposed scope of the Plan to include management of trust and natural resources program has far-reaching and serious impacts regarding Tribal governmental rights under the Self-Determination Act It is essential that adequate Tribe! consultation recognizing these needs and rights be considered in any proposed transfer of trust resources and operations to this Office. We request that the Office of Special Trustee be directed to immediately halt any implementation of the proposed plan and that a joint Tribal/Federal task force be created to address all areas of Tribal/Federal management of Tribal trust resources. '

In conclusion, we strongly recommend restoration of funding levels within the Bureau budget for critically-needed existing programs. American Indians remain at the bottom of the list in almost every measurable economic category and we have been enduring some of the worst living conditions in the United States. Nearly one third of Indians in live poverty, their health status is among the worst in the nation, and their mortality rate is several times greater than the national average. Tribal programs and funding to meet these needs have long been grossly under-funded. It is truly unconscionable and outrageous for Tribal govemments who have struggled to secure decent housing, health care, and other programs for its people to suffer further reductions in funding. This funding is an obligation which stems from solemn commitments of the United States to Indian people to provide basic health, safety, education and economic security. We appreciate this Committee's continued support and urge that Tribal govemment operali~ns be afforded the high?51 priority in your appropriation decisions. 298

Pacific ~orthwest Tribes of U.S./Canada Pacific Salmon Treaty

TESTIMONY OF W. RON ALLEN COMMISSIONER, U.S. SECTION OF THE PACIFIC SALMON COMMISSION BEFORE THE SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES (Bureau of Indian Affairs Programs) COMMITTEE ON APPROPRIATIONS HOUSE OF REPRESENTATIVES MARCH 6, 1997

Mr. Chairman, my name is Ron Allen, I am the Tribal Commissioner representing the United States of America on the Pacific Salmon Commission. For the record, I have attached the executive summary of the proposed budget prepared by the U.S. Section Budget Committee for implementation of the Treaty. It details budgets for Tribal, Federal, and State agencies involved in the Treaty. The U.S. Section has identified a required funding level of $3,152,046, plus pay cost adjustments for FY97 and FY98, for Tribal research projects and participation in the U.S.-Canada Pacific Salmon Treaty process for FY98. These program recommendations have been integrated with those of the state and federal agencies so as to avoid duplication of effort and provide for the most efficient expenditure of scarce funds.

In the BIA's budget in past years, these funds have been allocated between Self Governance compacts and the U.S./Canada Pacific Salmon Treaty line item. This year in a move endorsed by the U.S. Section, the BIA will transfer $924,000 from the Self-Governance compacts back to the Salmon Treaty account. Please note t_hat this amount falls $134,000 short of the amount necessary to fully restore this account. This is due to recent cuts in Self Governance funding. In order to ensure the effective implementation of the U.S./Canada program, the U.S. Section recommends that this Committee, in addition to the base transfer, restore the additional $134,000 to our base funding, thereby funding the U.S/Canada account at $3,152,046 in FY98. I would note that at this level, you would only be restoring this program to its FY95 combined funding level.

The U.S. and Canada established the Pacific Salmon Commission under the Pacific Salmon Treaty of 1985 for the purposes of conserving salmon stocks, providing for the optimum production of salmon stocks, and controlling salmon interceptions. While the first few years of the Treaty provided tangible benefits for both countries, the Commission's work has become increasingly difficult over the last few years. The status of some of chinook and coho stocks originating in Washington, Oregon, Idaho, and British Columbia continues to grow worse while the demands to maintain culturally and economically important fisheries increases. The Commission could not meet one of these needs without sacrificing the other. While both country's managers agreed that conservation needs should be addressed first, we found it increasingly difficult to agree on whic,h fisheries should bear the sacrifice necessary carry out that responsibility. In the last year, tho~ugt,(, we have initiated two important changes. Within the U.S., we have adopted an abundance ased approach for chinook management; and with Canada, we have embarked upon a "Regional takeholders Process" in an attempt to resolve our ongoing debate over "Equity" under the Treaty. 299

Testimony of W. Ron Allen, Commissioner Page2of3 U.S.-Canada Pacific Salmon Treaty

Until the last two years, the U.S. watched in frustration as Canada ignored our requests for significant harvest reductions in canadian fisheries harvesting U.S. origin coho and chinook. This stance by Canada only increased the pressures on harvest management within the U.S. Chinook conservation concerns, particularly for stocks originating in Idaho, Oregon, and Washington, finally resulted in a lawsuit within the United States in 1995. This lawsuit was the result of the U.S. and canada's inability to develop a more responsive chinook management regime that took into account the annual fluctuations in the abundance of stocks. The Tribes and the States of Washington and Oregon, through litigation, enjoined Alaska's chinook fishery in 1995, while canada undertook some chinook harvest reductions as well. These actions addressed the chinook conservation requirements in the short term, but left many questions unanswered.

In 1996, the U.S. Section, after lengthy negotiations, adopted an internal agreement on how to manage the Southeast Alaska chinook fishery, utilizing an abundance based management mechanism. We only took this step in the U.S. after negotiations with Canada did not provide us with a coast-wide management mechanism. The approach adopted by the U.S. allows for the harvest of chinook to go up in Southeast Alaska as the aggregate abundance of stocks increase, but, equally important, this approach reduces the allowable harvest as the aggregate stock abundance goes down. In this way, the U.S. hopes to be able to more pro-actively address conservation concerns for chinook stocks in U.S. fisheries. This effort cannot work without canada's participation, it is our intention to negotiate a compatible management regime for Canadian fisheries through the Salmon Commission process, using our agreement as a starting point

As for Equity, the U.S. proposed and Canada agreed to use, a "Regional stakeholder" forum to address our continuing debate over how to implement this important Treaty principle. Under this approach, we have enlisted fishers, the people that know the fisheries and their problems the best, to provide us with recommendations on how to resolve the several long standing issues in this area. Using one group for Alaskan and Northern British Columbia fisheries and another group for Southern British Columbia and Fraser River fisheries, the parties have tasked these fishers with reviewing past management regimes and asked them to come back with innovative solutions. While they will be struggling with difficult issues, Tribal leaders believe there is reason to be optimistic about solutions coming out of this process.

Mr. Chairman, considering the explanations I have just provided for some of the views you may have heard, the signing of the U.S. - canada Pacific Salmon Treaty must still be recognized as an essential step forward for the conservation and enhancement of the truly renewable salmon resource of the Pacific Northwest, Alaska, and Canada. Under the Treaty, both countries are committed to a coast-wide rebuilding program for chi nook salmon stocks, to the conservation of the coho stocks of both countries, and to a harvest sharing of Fraser River sockeye and pink salmon stocks in order to provide for stable U.S. and Canadian harvests. Even with the difficulties outlined above, the Commission continues to work towards those goals. There is no doubt that the resource would be in much worse shape today.had the Treaty not been in place for the last ten years. Prior to this Treaty, fish wars often erupted with one or· both countries over-harvesting fish that were ·returning to the other country, to the detriment of•~e Slalmon resource. Now, under the Treaty, we share a mutual commitment - if at times a rocky oqe - with Canada to rebuild chinook stocks, to conserve salmon populations coast-wid6, and to insure that each country is receiving the benefits of its salmon production. · 300

Testimony of W. Ron Allen, Commissioner Page3of3 U.S.-Canada Pacific Salmon Treaty

Especially in years of difficult negotiations, you should recognize that the information provided by the programs becomes even more critical from a management perspective. When there is no agreement between the U.S. and Canada, the burden on U.S. resource managers of domestic fisheries increase by well more than twofold -without adequate technical information, they must take much more conservative management actions to avoid over fishing the stocks.

It is important to remember that a primary consideration of Pacific Salmon Treaty negotiators was that the Treaty would allow for both the U.S. and Canada to proceed with planned enhancement activities. You should recogn12e that additional funding should be provided, as promised at the time the Treaty was signed, to carry out these enhancement activities. Within the region, we are developing cooperative arrangements to further region-wide efforts to rebuild salmon stocks. Continued delay in undertaking enhancement activities is placing considerable strain on those bearing the burden of conserving the salmon resource - largely fishermen coast-wide, and all too often the tribal fishermen. Enhancement of this resource will provide for a stable, diversified economy coast-wide. Of course, enhancement under the Treaty means the use of both natural and artificial methods and includes restoring the spawning habitat of a river, enhancing passage to the spawning and rearing areas, and using supplementation to rebuild weak or depressed stocks. Since they have been developed to rebuild or conserve salmon populations, these enhancement activities would also be expected to complement and hasten the recovery of salmon stocks listed under the Endangered Species Act.

Finally, you should take into account the fact that the annual value of the commercial harvest of salmon subject to the Treaty is worth well over $500 million when stocks are at productive levels, supporting the infrastructure of many coastal and inland communities. The value of the recreational fisheries, and the important economic diversity they provide for local economies throughout the Pacific Northwest and Alaska, is also immense. And, of course, the value of these fish to Tribes of Washington, Oregon, and Idaho goes far beyond their monetary value and reaches the cultural and religious lives of Indian people. Lastly, continued attention - and significant monetary investments - is focused on salmon as a result of listings of Pacific Northwest salmon populations under the Endangered Species Act. Given the resources, we manage a resolution to this complex situation, especially if we are allowed to work towards the true intent of the Treaty: mutually beneficial enhancement of the shared resource.

Mr. Chairman, that concludes my written testimony submitted for consideration by your Committee. I want to thank the Committee for the support that it has given the U.S. Sect!on In the past.

SUMMARY OF TRIBAL PROGRAM UNDER THE U.S.- CANADA PACIFIC SALMON TREATY

FY97 Actual Approp. FYss Recom. Shortfall/Restoration BIA (Total} $3,018,000* $3,152,046 $134,046

*This amount is the total of Self-Governance account fu_nds ($924,000) and the U.S./Canada Pacific Salmon Treaty account ($2,094,000). As a result of targeted cuts in funds that were provided under Tribal/Agency Operations for Tribes participating in the Self-Governance Compacts, this amount is a reduction in program funding provided by Congress in eartler years. In order to carry ·out the programs endol'98d by Congress In past years, an additional $134,046 should be restored to the U.S./Canad1;1 Pacific Salmon Treaty. 301

National Congress of American Indians

Executive Committee President W. Ron Allen W. Ron Allen, President /QRllS/ow11 S'l(J,,//am Tribt National Congress of American Indians First Vice President Prepared Statement on the FY 1998 President's Budget Request Ernie Stevens, Jr. for Federal Indian Programs Oll,ida Nation of Wisca,15in to the House Subcommittee on Recording Secretary S. Diane Kelley the Department of Interior Appropriations ChrrokrtNalion Treasurer March 6, 1997 Gerald (Gerry) E. Hope Knchrka11 Indian Corpora/Jon Area Vice Presidents I. Introduction Aberdeen Area Russell (Bud) Mason Greetings Chainnan Regula, Congressman Yates and distinguished members of Thm Af!Uiat,d Tribts the Interior Appropriations Subcommittee. I appreciate this opportunity to submit · Albuquerque Area testimony regarding the President's budget request for Fiscal Year 1998 Indian Joe Garcia programs and services under this subcommittee's funding jurisdiction. My name is S.,11/m111P11eblo W. Ron Allen. I am President of the National Congress of American Indians Anadarko Area Merle Boyd ("NCAI"), the oldest and largest Indian organization in the nation, and Chainnan of 5"c&FoxTr,i,, the Jamestown S'Klallam Tribe located in Washington State. 81llm~sArea John Sunch1ld, Sr. c,11,,,,~'1l'd Crer Tr,be II. Background Information Juneau Area Edward K. Thomas Mr. Chainnan, it has been a rare occasion indeed, if ever, that programs serving 11i11>:rt-Ha1da Ctntral Counc,1 the American Indian and Alaska Native population have received the federal Mmneapohs Area funding required to fulfill even the most basic needs of tribal members. American Marge Anderson Indians and Alaska Natives most often rank at the bottom of most social and M,llc Lies Band of 011bwc economic indicators. Of the 557 federally-recognized Indian tribes, a great Muskogee Area majority of their populations are characterized by severe unemployment, high Rena Duncan Ch,ckasmr Nation poverty rates, ill-health, poor nutrition and other sub-standards living conditions. Northeast Area In 1989, the average unemployment rate in Indian country was 52%, and by 1990 1 Ken Phillips the rate had jumped to 56%. The 1990 Census shows the percentage of Indian 011r1Ji1Nar1ono/Neu1 York people living below the poverty line is 31.6%, or three times the national average. Phoenix Area Arl,n D. Melendez Rtno•Sparks lndurn Colony Tribes faced extraordinary challenges throughout the appropriations process of Portland Area the 104th Congress. Unprecedented reductions in federal Indian program funding Bruce Wynne left many tribes facing extreme circumstances. Non-funding "riders• attached to Spoka11eTribc Interior Appropriations bills reached well past the scope of the appropriations Sacramento Area process and were interprete'cl by Indian Country as attempts to diminish tribal Juana Maje! Amm11 Btmd of Sau Luistno sovereignty and change the basic fabric of the federal-tribal relationship. Further, while we appreciate the commitment to balance the federal budget, we maintain Southeast Arca James Hardin that such a laudable initiative does not and should not preclude the federal Lmnl'(t'Tr,ll( government from fulfilling its trust responsibil_ities to Indian trib4;!S throughout this great nation. As Congress begins to shape the FY 1998 budget, the NCAI urges Executive Director the reversal of the downward direction the annual appropriations process has JuAnn K Ch.isc Mm1d,111, lfttlatsa & Ankara 1 See generally "1990 Census of Population - Charactenstics of American Indians by Tribe and 2010 Massachusetts Ave., NW Language·, U.S. Department of Commerce, Economic and Statistics Administration, Bureau of the Census. ~cnmd Floor W,ish111g111n, DC 20036 :!02.4M,. 7i67 302

taken on Indian programs. We believe that the President's FY 1998 budget request has taken a very positive step in that direction.

Ill. Th~ President's FY-1998 Budget Request

A. Bureau of Indian Affairs. The President's FY 1998 budget calls for $1. 7 billion to be allocated to the BIA, an increase of $127 million over the 1997 enacted levels. As important as these increases in funding are to tribes, and despite the apparent commitment to tribal self- governance, this increase is but a mere step in the direction of providing adequate funding and only begins to correct the recent unprecedented reductions in critical tribal programs.

Tribal Priority Allocations - Tribal Priority Allocations (TPA), the mainstay in the BIA budget for tribal operations funding, were decreased by nearly $100 million in FY 1996. This occurred during the same cycle that over $200 million in programs and services were shifted from other areas of the BIA budget into TPA in an effort to give tribal governments more control over those tribal operations. The President's FY 1998 budget forTPA is $757.3 million, an increase of $76.5 million over the FY97 enacted level. The majority of these increases are earmarked for Tribal Government Operations and Human Services, which combined cover a broad spectrum of services provided at the tribal level for·its communities, children and families, elderly and poor, and government operations such as police and fire protection. Of special concern to our member tribes is the lack of funding for the Indian Tribal Justice Act (Pub. L. 103-176) and the Indian Child Protection and Family Violence Prevention Act (Pub. L. 101-630, Title IV), both considered "New Starts" under current Congressional budget categorization, for which no funding is appropriated. We urge this Congress to consider the mounting needs for these programs, especially their significance in supporting a tribe's ability to implement welfare reform in Indian Country, and fund these line-items at their authorized levels. Mr. Chairman·, TPA funding in particular must be increased in order to improve the quality of life on our reservations and in our Indian communities.

BIA Construction - The NCAI urges support of the President's request of $125 million for Construction funding. Our schools, courts, police and fire departments all have facilities that are in desperate need of repair or replacement. Many tribal communities are still awaiting much needed new construction project funding to rehabilitate or replace these and other facilities, including dams and other resource projects. Every year, these facilities face increased safety hazards and must be addressed through proper maintenance and re-engineering projects that all require adequate levels of funding. The President's request for BIA Construction projects is a step in the right direction.

Indian Trust Funds - Management of Indian Trust Funds is in dire need of reform. Without a commitment from the Administration and Congress that ensures adequate funding levels and oversight are provided, the overwhelming amount of mismanaged and unidentified trust fund accounts over the last 50 years will never be reconciled. It is in the best interest of all parties that the reconciliation of Individual Indian Monies (IIM) accounts and trust land asset accounts are resolved.

The Office of Special Trustee for American Indians has submitted a draft strategic plan for trust fund managment. This plan would fundamentally change the way trust activities are managed by the federal government. The Special. Trustee has recommended that all trust management duties, responsibilities and activities including Trust Resources Managment, Trust Funds Managment and Land T-itle and ~ecords. Management. . be carried out by a new federal 303

government sponsored entity that would exist outside of the Department of Interior. This strategic plan has gone far beyond its initial mandate to review the financial condition of Indian trust accounts. NCAI would urge the Committee to not support this plan until complete and meaningful consultation has occurred with Tribal governments.

Indian Education - NCAI joins with the Administration and the Congress in renewing our country's commitment to education and in supporting ambitious elementary and secondary education proposals.. NCAI also.welcomes the significant investment in Indian education. The $500 million request, which represents an increase over FY 1997 enacted levels, if enacted, will help meet some of the needs of Indian students attending Bureau-funded schools. The increase of $16.8 million over FY 1997 for School Operations will help the Bureau deliver quality education, provide safe transportation, and convert Bureau operated schools to grant schools. However, the funding levels for other primary and secondary Indian education programs fail, year after year, to meet the growing needs of our Indian students attending public and Bureau-funded schools.

Major educational programs that further opportunities for learning, enhance the learning environment of Indian students, and merit particular attention include: Adult Education -, with the elimination of OIE's adult education program, BIA adult education must at least be funded at $4 million; Johnson O'Malley (JOM) - the real need in JOM is $54 million which will help alleviate current program funding restraints heightened by, a 5 percent increase in JOM students in FY97; Indian Student Equalization Program 0SEP) the $296 million request will provide $3,094 per Weighted Student Unit (WSU). This per student outlay is significantly below the average per student expenditure of public elementary and secondary schools which had a $6,300 per student outlay in school year 1995-96; Replacement School Construction - $14 million is requested, an increase of $10 million over FY97 which is needed for completion of the Many Farms High School. Although we support this project, we urge additional funding for the construction of additional new-schools; Facilities Improvement and Repair lFl&R) - $32.2 million is requested for education Fl&R which will help tp address the material weakness in Bureau schools. However, additional funding is still needed to address the current backlog of over $450 million in this program: The Department of Education's Office of Indian Education (OIE} - $62.6 million is requested for the administration of OIE and to fund the formula grants program. However, we continue to urge the reinstatement of OIE's discretionary grant programs and funding for the National Advisory Council of Indian Education (NACIE) to improve the educational opportunities for Indian children and adults and provide funding for educational personnel development, demonstration projects, and fellowships which are all necessary for the future of Indian students.

Cultural and Historical Preservation - The Native American Graves Protection and Repatriation Act, Pub. L. 101-601 (NAGPRA), provides a legal basis for the return of sacred objects and human remains, as well as for the protection of burial sites, and is critical in correcting many errors of the past and present However, NAGPRA cannot bring about a better future until adequate funds are appropriated so that tribes can complete the repatriation process, and -continue to protect our people's heritage. Despite a continual joint tribal-museum request of $10 million for FY 1994 through FY 1997, to date, Congress has appropriated only a fraction of that amount - $2.3 million - for NAGPRA related grants. This funding level is far below the projected need to comply with the provisiof')s of the Act and well below the $10 million level. The President's FY 1998 budget request of $2.3 million must be increased by Congress in order for tribes to take full advantage of NAGPRA.

Many of our member tribes also rely on the protections available under the National Historic Preservation Act, Pub. L. 89-665 (NHPA). Ttaere are currently 14 tribes which have signed agreements with the National Park Service. regarding.. the assumption of State Historic -304

Preservation Offices (SHPO) duties. That number is expected to triple within the next year with more tri~ continuing to take on the role of SHPO's. This activity alone supports the need for increased funding, however NHPA allocations fell from $2 million in FY 1996 to $1.8 million in FY 1997. In order to preserve our nations vast history and the cultural traditions of our people, the President's FY 1998 budget request of $2.3 million must be supported by Congress as the minimum standard funding level to allow tribes to carry on this important work.

National Indian Gaming Commission (NIGC) - The NIGC has a number of very important responsibilities in overseeing tribal gaming operations. It is NCAl's position that the NIGC should be funded at $10 million annually. The NIGC has the regulatory authority that is necessary and appropriate to ensure that tribal gaming can continue with the same exemplary record that it has compiled to date. In the absence of adequate funding NIGC's abilities to meet responsibilities will be severely impaired, and the future of tribal gaming will be at risk.

The NIGC receives $1.5 million annually from fees on Class II gaming and receives approximately $1 million from the Administration. The NIGC has been functioning at approximately a $4.2 million annual operating expense level, but this level of funding is threatened because the NIGC will run out of start-up monies in FY 1997. Under this scenario, the NIGC will have a $1.7 million deficit in FY 1998. In order to remedy this situation, the $1.5 million dollar cap on fees from Class II gaming should be removed, and fees should be extended to Class Ill gaming. If the cap is not removed, the Administration contributions should be • increased to $2. 7 million in order to maintain the current minimum operations.

B. Indian Health Service. Funding for the Indian Health Services (IHS) is allocated in two distinct categories - Services dollars and Facilities dollars. The President's FY 1998 budget request of $2.1 billion for the IHS a marginal increase over the FY97 enacted levels, however, approximately $367 million is needed to restore the funding decreases realized over the past few fiscal years. These reductions have led to an increase in unmet needs surrounding mandatory costs, mandatory contract support, facility construction costs, and inflationary costs under Contract Health Care pn~grams.

/HS Services - The President's $1.8 billion request is a $29 million increase over the FY97 enacted level. Although Services funding continues to show marginal increases every year, these slight increases do not begin to meet the current needs of Indian Country which are approximately $233 million. It is estimated that nearly half of the nation's Indian population live off-reservation in the urban areas of this country for which tribal governments continue to share in the duties and responsibilities of providing health care for those individuals in conjunction with the federal government. For these reasons it is critical that our clinical services, including hospitals and health clinics, as well as our preventative health programs receive adequate funding to keep pace with the increased needs of our service area populations, both In the tribal communities and the urban.areas. '

For example, the IHS budget for the HIV/AIDS program does not cover the cost of drugs to treat Indian people 'infected with HIV. We are aware that the cost of these drugs is significant, however, we are also concerned that Indian people infected with HIV whose only source of medical care is the IHS may not receive proper care if they and their physicians do not have access to these life-saving drugs. NCAI recommends a restricted line item in the IHS budget that covers the cost of AIDS-related_ ~edications.

/HS Facilities - The President's request for $300 million for IHS Facilities - an increase of nearly $39 million over last year, is a welcomed change in the direction of Facilities funding. However, funding levels for IHS Facilities must_ be increased to approxirnately $149 million in order to • 305

Tmrn.sDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESSES HON. FRANK D. WGGS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA JILL SHERMAN, HOOPA VALLEY TRIBAL COUNCIL Mr. REGULA. We welcome our former colleague on this committee, Mr. Riggs, who's now educating this country. Mr. RIGGS. It's good to join you, Mr. Chairman. . Mr. REGULA. Frank, we're happy to have you, and I understand you want to introduce your constituent here. Mr. RIGGS. I very much do. With your permission, I think I'll come around on that side. Mr. REGULA. Whatever you like. Mr. RIGGS. No offense, Mr. Chairman. [Laughter.] Mr. REGULA. No, no, we're happy to accommodate anything you like, Frank. If we can do Headwaters, we can sure do this. [Laugh- ter.] Mr. RIGGS. Well, put that in the record. [Laughter.] -I just got an earful from Ed Hasting, who is the head of BLM for California. We'll have to talk. Mr. REGULA. This is off the record. [Off the record.] Mr. RIGGS. I appreciate, Mr. Chairman, you and Chairman Liv- ingston raising, I think, some very legitimate concerns regarding that proposal, but that, I acknowledge, is a subject for another day. Mr. Chairman, this is Jill Sherman. You have met Jill before. She is an elected member of the Hoopa Valley Tribal Council in Hoopa Valley, Humboldt County, California, the largest and most important county in my congressional district. I've known Jill for a number of years, and actually before meeting Jill met her brother Dwayne who was an elected member of the tribal council. Jill sort of followed Dwayne on the council as he left the council to become the--I know he's involved in resources. He is the forest-- Ms. SHERMAN. He is the tribal forest ranger for our forestry department. Mr. RIGGS. Tribal forest ranger. And you may recall you've met Dale Risling, who is the chairman of the tribal council, now twice elected. The Hoopa Valley Tribe is a model for the rest of the country, and certainly for American Indians, because it's the largest self- governance tribe in California, one of the largest in the country. Mr. REGULA. How many members? Ms. SHERMAN. About 2,200 members. Mr. REGULA. Is this in a forested area? Mr. RIGGS. Yes. Ms. SHERMAN. Yes. Mr. REGULA. So your economy's based on forestry? Ms. SHERMAN. Based on timber, yes. 306

Mr. RIGGS. As you'll hear in her testimony, they are very dependent on the wise utilization of their resources, and they've done an outstanding job. Mr. REGULA. You have timber on your own reservation? Ms. SHERMAN. Yes. We have about 89,000 acres in trust, and most of that ·being timber, primarily old-growth Douglas fir. Mr. REGULA. Wow. Ms. SHERMAN. So that needs- Mr. REGULA. Are you cutting some of those? Ms. SHERMAN. Yes, we are. We have a forest management plan that was recognized by the United Nations actually. About four years ago it was presented to them as a model for indigenous countries to use. Mr. REGULA. Are you on a sustained yield? Ms. SHERMAN. Yes, we are. Yes, we are. Mr. REGULA. So you're planting and then growing as fast as you're cutting? Ms. SHERMAN. Yes. We are on a-gosh, what is our sustained yield?-a 20-year sustained- yield, and we also grow our own trees as well. We have imported greenhouses from Holland that we raise our trees- · Mr. REGULA. To be your nursery? Ms. SHERMAN. Yes. Mr. REGULA. How long does it take? Do you replant with Douglas fir? . Ms. SHERMAN. We have replanted with various species. We're trying to-like our Port Alfred cedar, we're trying to bring our Port Alfred cedar back up to a level that once existed on the reservation, but during the Bureau of Indian Affairs coming in and doing what I will just call, not politely, but raping our reservation basically, that we are trying to bring back various stocks. Mr. REGULA. Do you get a lot of rainfall? Does it take long to re- generate, to get a tree to market-size? Ms. SHERMAN. Yes. Yes, it will take about a hundred years. Mr. REGULA. Oh, really? Ms. SHERMAN. Yes. And you're looking at second growth, which is not as-economically, it's not as prime as old growth. So your pricing-your market value is less. Mr. REGULA. Do you do thinning? Ms. SHERMAN. Yes, we do our own thinning release, and we have our own special deposits that we set aside to do that each year, up to 15 years into reforestation. So we do that. .Right now we've been having a problem with bears. Mr. REGULA. Oh, they eat them? Ms. SHERMAN. Well, ·apparently, bears.learn to eat the sap. After they come out of hibernation, they'll come and they can really destroy 30 acres a night by just- Mr. REGULA. Wow. Mr. RIGGS. Jill, you might mention for the chairman· how your fisheries management program, your timber management program, have become a sustainable source of jobs for. tribal· members and how important that is to the economy of not just the-well, the whole Hoopa Valley.. 307 Ms. SHERMAN. Oh, yes. Our fisheries program has probably been the largest program and it's grown-- · Mr. REGULA. Fisheries in the Pacific or in lakes? Ms. SHERMAN. No, rivers. Mr. REGULA. What about estuaries? Ms. SHERMAN. We have the Trinity River that is where we're located. Mr. RIGGS. The Trinity/Klamath River system, and the Trinity River runs right through the reservation, tribal lands. Mr. REGULA. So that's salmon? Ms. SHERMAN. Yes, salmon, steelhead. Mr. REGULA. Is this sport or is itJor market fish? Ms. SHERMAN. It's traditional,,_.,,Jt's for subsistence fishing, and, of course, you know-- / Mr. REGULA. For the tribes themselves or the tribal members? Ms. SHERMAN. The tribes themselves, yes. We haven't really- we've touched on commercial fishing, but that really hasn't been our way. Mr. REGULA. Do you bring non-Indians on and charge them to fish on this area? Ms. SHERMAN. We haven't gone into that. We've left that, since we're a Public Law 280 State, the State primarily does those functions, but we're looking at expanding our law enforcement, which we've been doing continuously. We just-our law enforcement officers are cross-deputized with the State, and we just got a-- Mr. REGULA. So you cooperate with the State of California in the management of the streams-- Ms. SHERMAN. Yes, we do. Mr. REGULA [continuing]. And the rivers? Ms. SHERMAN. Oh, yes. Mr. REGULA. Do your people do lumbering off the reservation, work in the timber industry? Ms. SHERMAN. Some of our people do. Our truck drivers, some of our fallers, those basic industry individuals do work with outside agencies. Mr. REGULA. Well, we're going to get bogged down. This is interesting to me, but what do you need? Ms. SHERMAN. What's my spiel, huh? Mr. SKEEN. Mr. Chairman, hello. How are you? Mr. REGULA. Joe, have you got a few minutes? You're going to then help us out here? . Mr. SKEEN. Yes, sir. Mr. REGULA. Wonderful. Mr. SKEEN. They said that you needed relief~ and I told them help is on the way, but rm not sure whether it's any help or not. [Laughter.] Mr. REGULA. Okay. You finish and then we'll let Mr. Skeen take over here. Mr. RIGGS. Mr. Chairman, this is Jill Sherman, by the way, a very important constituent of mine. She's an elected member of the Hoopa Valley Tribal Council in Humboldt County, California. This is Joe Skeen. Mr. SKEEN. You've got one of the best Members of Congress I know of. · · 308 Ms. SHERMAN. Oh, we know that, too, believe me. Mr. SKEEN. Keep sending him back. Ms. SHERMAN. We will. [Laughter.] Mr. REGULA. She liked him so well, she wanted to wait for him to introduce her. Mr. SKEEN. Does this count against politicians? [Laughter.] Ms·. SHERMAN .. Well, it might count against my time. [Laughter.] Mr.· RIGGS. He's also the chairman of the Agriculture Appropria- tions Committee as well as being a member of the Interior Sub- committee. Ms. SHERMAN. Oh, okay, if I wait a few more minutes, will somebody else come in? [Laughter.] Mr. SKEEN. What are you looking for? [Laughter.]. Ms. SHERMAN. More--more people to hear me. Mr. REGULA. Joe, she's had her five minutes with me. So I'll let you take the Chair. Jill, you get a little extra time this way. Ms. SHERMAN. Oh, great. I won't say no. Mr. RIGGS. Thank you, Mr. Chairman. Ms. SHERMAN. Th~ you. Mr. REGULA. Thank you. Mr. SKEEN [presiding]. Excuse the interruption. Ms. SHERMAN. That's fine. Mr. SKEEN. Please continue. Ms. SHERMAN. Okay. The first thing I need to say: [Ms. Sherman speaks briefly in her native tongue.] Good afternoon. ·I appreciate the opportunity to provide testimony today. It's an honor for me. rm testifying on the Bureau of Indian Affairs budget, the Indian Health Service budget, and, of course, the Forest Service budget. Just real briefly, because I don't want to be hoggy-- Mr. SKEEN. Well, I can say it Navajo: "Ya-te-he." [Laughter.] Ms. SHERMAN. Very good. Very good. We're asking for monies to be provided in the amount of $550,000 to the BIA budget for the implementation cost resulting from the Endangered Species Act listing of Coho salmon and ·steelhead. We're also asking that language be provided in the Unit- ed States Forest Service budget that allows entering into a self-governance .demonstration project with the Hoopa Tribe. We're also requesting an additional $1.4 million in the ms budget for the California Youth Regional Treatment Centers, and we are asking for support--or we're supporting the request for funding for the California Indian Forest and Fire Management Council, sometimes referred to as CIFFMC, and the Klamath River Inter- tribal Fish and Water Commission. To kind. of give a little narration of why we need $550,000 for the costs that will result from the listing of the Coho salmon and steelhead, which are species that run in our·river, is that we see that it's going to-already it has affected us as we began our harvest, net harvest monitoring on our winter and our spring fisheries. This is four months earlier than we normally would. It's going to open up our forest land management projects, our water and watershed development projects, housing development. Anything that 309 impacts the fisheries, we're going to now have to make those kinds of considerations because-- Mr. SKEEN. It's your whole economic core? Ms. SHERMAN. Oh, yes. Oh, yes. And we're b_asically a timber- based tribe; that's where our money comes from. So even right now, we're managing for the spotted owl, and, of course, in order to get our timber sales prepared, we have to have two years' worth of wildlife management reports available for those, so that we can have that all identified. And then the darned owl will move on us. [Laughter.] So it takes a lot of effort. And the salmon, we're hoping that they won't jump out of the river, but we know that it's going to really impact us financially. So we're specifically asking for $150,000 earmark for Hoopa for the cost associated with dealing with the Endangered Species listing of the Coho salmon, and that will come out of the $550,000 that we're asking from the BIA. We're asking to have language provided in the U.S. Forest Serv- ice budget that would. allow us to go into a self-governance demonstration project with the Forest Service. We've worked with the Forest Service simply because--not simply because, but because there are Forest Service lands that are next to us, neighboring us, and so we work with them on mutual aid fire protection assistance, wildlife management, tribal traditional collection sites for various materials such as basketry materials- Mr. SKEEN. They're beautiful. Ms. SHERMAN. Thank you. We've also worked on recognizing cultural sites that exist on neighboring Forest Service lands. And they've been very receptive to the idea of going into a self-governance demonstration project with us, but they don't feel that they have the authority to do so. So we're asking that if language is provided in the budget, then we can work from our end to get that done. And this would just be done with funds that already have been appropriated, and we have a really good relationship with them. In terms of the monies that we're requesting for the California Youth Regional Treatment Centers, the IHS, Indian Health Serv- ice, has used regional treatment centers elsewhere in the United States, but for some reason, one reason or another, California In- dian youth have been left out of that loop, and the money, the facilities, the personnel just haven't been there. A California tribal leaders' task force has been formed, and they're coming up with recommendations. Part of the recommendations is that we add additional sites. They have two sites identified with the monies that exist in the budget this year, but we're asking for additional monies. And then, of course, we're supporting the request for the Califor- nia Indian Forest and Fire Management Council, which comprises 17 tribes in California that make up about 85 percent of the trust resourc~s that exist in the State. So, in terms of developing tribal policies with Federal agencies, this is a group that would be very, very helpful for us to have, especially when we're trying to coordinate and not reinvent the wheel. 810 And we're asking for the Klamath River Intertribal Fish and Water Commission to receive their funding request, and that's made up of local-basically, those tribes that exist on the Klamath and the Trinity Rivers, and that's Hoopa, Yurok, Karuk, and Klam- ath Falls. So that's basically our request. We have written testimony, and .I won't take up any more of your time, although it was a pleasure. Mr. SKEEN. Well, I'll just ask you one question. Do you propagate coyotes? Ms. SHERMAN. No, we don't, but I could give you a coyote story. Mr. SKEEN. Well, I'd like to hear that. Does it end with the coyote being decimated? I'm in the sheep business. [Laughter.] Ms. SHERMAN. Well, no, but-- Mr. RIGGS. It's better for this occasion, Joe. [Laughter.] Ms. SHERMAN. No, but it's a story about how we came to be able to catch fish through coyotes- Mr. SKEEN. With a coyote? Ms. SHERMAN. Yes. Coyote was always jealous-- Mr. SKEEN. They're pretty good at. catching lambs, too. [Laugh- ter.] Ms. SHERMAN. Well, he was always jealous .of the fish, and he figured the fish had the best eyes in the water. So what he did was he conned fish out of her eyes, and he gave fish his eyes: So that's why to this day fish is able to be caught in our nets. It's because she has coyote's eyes, and coyote couldn't see very well. Mr. SKEEN. Can I make a trade with you and get the eyes back in the coyote? [Laughter.] Ms. SHERMAN. I'll see what I can do with that. Mr. SKEEN. We have a story in our part of the country of, when the world comes to an end .and it burns to a cinder, there will be one species that. survives, and that's the coyote. Ms. SHERMAN. I think we'd have to agree with that. . Mr. SKEEN. Yes;because he's got those fish eyes. [Laughter.] .Thank you very much for your testimony. Ms~ SHERMAN. Thank you very much. [The information· follows:] 311

P.O. Box 1348 • Hoopa, Callfomla 15546 • (916) 625-4211 HOOPA VALLEY TRIBE Regular meeting• on 1st & 3rd 0 Dale Risling, Sr. Thursday,, of each Month Chairman

NARRATIVE EXPLANATION OF FUNDING REQUESTS

1. Provide $550,000 in the BIA budget for implementation costs resulting from the ESA listing of Coho Salmon and Steelhead,... Managing endangered species on Indian lands carries special significance to both the United $tates and Indian Tribes. One the one hand, the Endangered Species Act (ESA) co!1talns leg~I requirements. f~r management prescriptions effecting 312

Testimony of JIii Sherman, Council Member March 6, 1997 BIA, IHS and Forest Service Appropriations Page2 endangered species and their habitat. However, on the other hand, the United States has equally binding legal treaties, exe~utive orders and agreements with Indian Tribes that the U.S. Supreme Court has described in many cases as the supreme law of the land. The complexities of coordinating management of both endangered species and federally protected Indian rights can only be address through joint government-to-government partnerships between Tribes and Federal agencies.

Coho Salmon are scheduled to be listed on April 23 and Steelhead on August 7, 1997. For California Tribes, listing of these two fishery stocks will immediately result in dramatically changing the management prescriptions for everything from forest land management, to water and watershed development activities, to housing development projects that impact fishery habitat.

California Tribes have experienced major difficulties in previous years trying to deal with endangered species and other management problems because the Sacramento Area Office has always received the lowest funding of all BIA area offices. As a result, California Tribes have never received adequate funds to deal with these problems. It is estimated that California Tribes will need $400,000 to implement the new management requirements resulting from ESA listing of Coho and Steelhead.

For the Hoopa Tribe, fishing has been the cornerstone of Hoopa existence since time immemorial. The importance of the fishery resources to the Tribe was clearly demonstrated during our treaty negotiations with United States, which subsequently led to the establishment of the Hoopa Valley Indian Reservation by Presidential Executive Order in 1876. In 1994, the Secretary of the Interior issued an order which legally recognized that Indian Tribes are entitled to fifty percent of the fishery resources produced from the Klamath and Trinity Rivers, including Coho and Steelhead. Because of the upcoming ESA species listing, the Tribe has already initiated net harvest monitoring efforts on our winter and spring fisheries, which is four months earlier than when we normally begin our monitoring program. We expect the listing of Coho and Steelhead to directly impact the Tribe's ability to exercise our federally-protected fishing rights.

While we presently utilize state-of-the-art forest management practices, we expect the listing to dramatically increase our wildlife monitoring and reporting requirements. The timber industry has been the foundation for our local economy since the 1950's. The BIA has clearly documented that, based on volume and forest activities performed, Hoopa receives the lowest funding of any BIA forestry program in the entire Nation.

We estimate that the listing of Coho and Steelhead will increase our costs for fishery, forest and integrated planning activities by $150,000. Therefore, we request that the Committee provide in the BIA FY 1998 budget $550,000 for California Tribes, with an earmark of $150,000 for the Hoopa Tribe to address management requirements resulting from ESA listing of Coho and Steelhead.

2. Provide language in the U.S. Forest Service budget that allows entering into a Self- Governance Demonstration Projectwith.theHoopa Tribe. In 1988, the Congress enacted Title Ill of Public Law 100-472, which established the Self-Governance Demonstration Project. The Hoopa Tribe was one of the original Tribes that entered into the Demonstration Project. Since then, there are numerous demonstrated examples where we and other Tribes have dramatically increased the benefits to both the Federal Government and Indian Tribes under Self-Governance. For example,· Hoo pa. has developed a- model for operating hospitals in rural areas, constructed 313

Testimony of Jill Shennan, Council Member March 6, 1997 BIA, IHS and Forest Service Appropriations Page3 roads that were added to the Federal Highway System, developed nationally-recognized trust resource management plans, and was instrumental in achieving coordination between fishery habitat and harvest management practices for the Klamath and Trinity River Basins in Northern California. In 1994, Congress enacted P.L. 103-413 which made Self-Governance permanent within the Department of the Interior.

For the past several years, the Tribe has worked with the U.S. Forest Service to coordinate forest management practices between our Reservation and neighboring Forest Service lands, including for mutual aid fire protection assistance, wildlife management, and traditional basket weaving material collection sites. Many other cooperative efforts have been discussed by the Tribe and Forest Service officials using Self-Governance agreements. Unfortunately, the Forest Service does not believe that it presently has authority to enter into Self-Governance agreements with Indian Tribes.

We request that the Committee provide appropriations language for a demonstration project that allows the U.S. Forest Services to use funds appropriated in their budget for negotiated agreements between the Forest Service and the Hoopa Tribe.

3. Request an additional $1.4 million in the IHS budget for California Youth Regional Treatment Centers. In 1986, the Congress authorized the establishment of Youth Regional Treatment Centers (YRTC) in each IHS Area. However, unlike every other IHS Area Office, the California IHS office does not have facilities personnel. Without IHS facilities personnel, California Tribes have not been able to establish the YRTC's to adequately serve Indian youth in the State. As a result, California Indian youth have been deprived of many of the same drug and alcohol rehabilitation services that are available in other IHS areas.

In January, the California IHS Area Director and Tribal leadership established a task force to address the California YRTC needs. For the first time in California, largely driven by the recent military base closures, a number of YRTC sites have been identified throughout the State. In April, the task force will present their recommendations at a California Tribal Leadership Conference, which will include strategically locating a number of YRTCs throughout California to address youth rehabilitation services in a more localized manner. The present funding level for YRTC services for California is approximately $1.4 million, which will fund two of the YRTC sites. The Tribe requests that the Committee provide an additions $1.4 million in the IHS budget to implement the YRTC task force recommendations.

4. Support the requests for funding for the California Indian Forest and Fire Management Council and Klamath River lntertribal Fish and Water Commission. The California Indian Forest and Fire Management Council (CIFFMC) and Klamath River lntertribal Fish and Water Commission were formed to assist with coordination of Federal and Tribal policies effecting Indian rights and resources through9ut Cc;1fifornia. · CIFFMC is composed of seventeen Tribes throughout California that represent over eighty-five percent of the Tribal trust resources in the State. The Fish Commission is• compri!!ied of the Hoopa, Yurok, Karuk and Klamath Falls Tribes. The Hoopa Tribe supports the requests for funding for these organizations. 314

Testimony of Jill Sherman, Council Member March 6, 1997 BIA, IHS and Forest Service Appropriations Page4

Summary of National and Self-Governance Appropriatjon Requests·

1. Support the President's FY1998 BIA budget for Tribal Priority Allocations at $757.3 million. Funding at this level will help to rectify the severe funding reductions incurred by tribes in past years which have negatively impacted essential Tribal governmental operations, programs and services to Indian people.

2. Provide funding for the Indian Tribal.Justice Act (PL 103-176) and the Indian Child Protection and Family Violence Prevention Act (PL 101-630, Title IV). Funding has not been appropriated to provide "New Starts" for these services which are critical to tribes as we begin our new responsibilities under Welfare Reform.

3. Provide direct funding for tribes to administer IHS and other welfare related services tied to the health care arena. Federal welfare reform has created the need for increased technical assistance. Support funding is needed for Tribal governments to develop new programs and services for their members.

4. Support continued funding of $150,000 from BIA and $150,000 from IHS for Self- Governance Communication and Education Project This project has provided much needed communication and education links between the Federal agencies, self-governance tribes and non- participating tribes since the enactment of Tribal Self-Governance under P. L. 102-472.

5. Provide $100,000 from BIA and $100,000 from IHS to support Tribal Self-Governance Advisory Committees. The IHS has successfully implemented an advisory body of Tribal representatives to provide advice and recommendations to the Director of IHS on Self-Governance policies and issues. Funding is required to support 6 meetings per year for attendance for the participation of tribes on this committee. An Advisory Committee should also be formed for the Department of Interior's Office of Self-Governance to provide consistent representation of tribes in this advisory capacity.

We urge the Committee to support our requests and to continue to be responsive to the Federal government trust responsibility to Indian people. As has been documented by Congressional Reports and in statements by the Chairman and Members of the Senate Committee on Indian Affairs, during their hearing of February 26, 1997, Indian programs have historically been underfunded and funding continues to be inadequate to meet the needs of Indian people. The deplorable conditions that exist on Indian reservations throughout this nation are well documented.

We are represented by an Administration today that has come forward with their requests to increase much needed funding for Indian people. However, these requests fall short of the Federal government's responsibilities and to the overall needs of Indian people, in general. We did not willfully choose to become the most impoverished people in the richest country in modem society, nor did we freely choose our current circumstan·ces which places us in this position. The Hoopa tribal members are a determined people. and we are moving forward despite overwhelming hardships faced by our people. We urge this Committee,-charged with fiduciary responsibilities, to fulfill its obligation to the Hoopa Valley Tribe.

Thank You. I will be glad to answer any questions that you may have. A:llhilp98.&IO.wpd 315

TmmsDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALffl SERVICE WITNESSES HENRY CAGEY, LUMMI INDIAN NATION DARRELL HILLAIRE, LUMMI INDIAN NATION Mr. SKEEN. Lum.mi Indian Nation, Mr. Darrell Hillaire. Mr. HILLAIRE. Hillaire. Mr. SKEEN. Hillaire-I'll get it right. Welcome, sir. Mr. HILLAIRE. Good afternoon, Mr. Chairman. With me fve got Mr. Henry Cagey, our chairman of our Lummi Indian Nation. Mr. SKEEN. You're well attended. Mr. HILLAIRE. And the vice chairman-we've got another councilman, Johnny "Green. Mr. SKEEN. Johnny's taking it easy back there. He's letting you folks do the hard work. [Laughter.] You're doing the heavy lifting today. Mr. HILLAIRE. That's right. Mr. SKEEN. Please, your testimony will be taken in total. If you could abstract it, we'd appreciate it. Mr. HILLAIRE. Okay. Again, thank you for having us today. Mr. SKEEN. Thank you for being here. Mr. HILLAIRE. Today we'd like to talk to you about some successes that we've had with the self-governance initiative, successes that have been realized with the support of this committee, both on the BIA side and the Indian Health Service side. With the BIA, it's been the ability for us to fund new programs, No. 1 being a veterans' office program that supports the ability of our veterans, of which there are about 800 that are either veterans or dependents of veterans, their ability to coordinate their benefits through the Veterans Administration. That program wasn't available under BIA or Indian Health Service, and now we're doing that. Another program-as a matter of fact, there are various programs that we were able to fund in the area of youth, particularly youth recreation. We are a rural community, and the ability for our children to get off-reservation to participate in the youth recreation programs off-reservation-we're extremely hindered because of our location, but now, through self:-- Mr. SKEEN. Was distance the problem? Mr. HILLAIRE. Yes, yes. Mr. SKEEN. The terrain? Mr. HILLAIRE. Yes. Mr. SKEEN. Just transporting. Mr. HILLAIRE. Yes, transport in general, yes. So that's been very beneficial for all of our children. Mr. SKEEN. For your youngsters. Mr. HILLAIRE. That's correct. Mr. SKEEN. About how many youngsters do you have? Mr. HILLAIRE. I think there's about 1,200. Mr. SKEEN. Twelve hundred? 316 Mr. HILLAIRE. Yes. So we're a very young nation. Mr. SKEEN. Yes, sir. Mr. HILLAIRE. And then on the Indian Health Service side, we've been able to not have waiting lists for a lot of our basic health services, such as dental services, such as eyeglasses, such as providing care for our diabetics, which there are many. Mr. SKEEN. How close is your Indian Health Service c~nter? Mr. HILLAIRE. Our health clinic is right in the reservation. Mr. SKEEN. On the reservation? Mr. HILLAIRE. Yes, yes. Mr. SKEEN. We have a regional one in New Mexico, Albuquerque, but we have branches, and so forth, because we have so many scattered throughout the state and such a great distance between them. Yours is the ideal location, if you've got a hospital there. Is it a rather new one? Mr. HILLAIRE. It's an outpatient facility. Mr. SKEEN. It's an outpatient facility. Mr. HILLAIRE. It's not a hospital. Mr. SKEEN. I served with BIA at Zuni, and we had a health center there. I lived right across from the hospital. When the moon was full, that's when all the babies would arrive-and also all the crazies would show up at the full moon time·. [Laughter.] Mr. HILLAIRE. Well, at least it isn't the other way around. [Laughter.] Mr. SKEEN. Yes, I'm glad it happened that way.. Please continue. Mr. HILLAIRE. Okay. fd also like to talk to you about our funding priorities for the year, our funding request to -you and to other Members of the Congress. No. 1 is we are in the middle of ground water negotiations with the State of Washington and the Federal Government. Mr. SKEEN~ That's always a very serious problem-- . Mr. HILLAIRE. It sure is. Mr. SKEEN [continuing]. Between the Native Americans and the local communities. Mr. HILLAIRE. A constant battle. Mr. SKEEN. In western States particularly. Mr. HILLAIRE. And we're right in the middle of it, and negotiations are ongoing. We realize for the coming year that we're going to need substantial more. money than what we have to fund legal fees, to fund-- Mr. SKEEN. Where's your water source? Mr. HILLAIRE. Well, we have, actually, a couple of aquifers on our reservation. Mr. SKEEN.· Do you? You're pumping them out of aquifers, but do you have any running water? Mr. HILLAIRE. We have primary rights to the Nutsak River, which is-- Mr. SKEEN. The Nutsak River? Mr. HILLAIRE. Yes. Mr. SKEEN. Oh, I see. Mr. HILLAIRE. It is the eastern boundary of the reservation, but that's not in question now. We're strictly ground water-- Mr. SKEEN. That's already adjudicated? It's ground water-- 317 Mr. HILLAIRE. No, it's not. Mr. SKEEN. No, it is not? Mr. HILLAIRE. We're focusing on on-reservation water disputes first and then we'll address the off-reservation. Mr. SKEEN. Oh, I see. All right, that's your priorities. Mr. HILLAIRE. That's right. So our second funding priority for the year is the need for a new school. In 1989, we had a tribal school, but the furnace blew up in it, and so the BIA funded some emergency facilities for us in the form of modulars, and that was eight years ago. Mr. SKEEN. So you moved to modular units? Mr. HILLAIRE. Yes. So now the life expectancy of those modulars is 10 years, and this is the eighth year. Mr. SKEEN. This is your eighth year? Mr. HILLAIRE. That's right. So we're either going to have to do some major repairs or replace them. Mr. SKEEN. The rubber band's about to break? It's about to get to that point. Mr. HILLAIRE. And it runneth over, too. Mr. SKEEN. And it runneth over? Mr. HILLAIRE. Yes. [Laughter.] Mr. SKEEN. Okay. Mr. HILLAIRE. So, anyway-- Mr. SKEEN. You need help-big time. [Laughter.] Mr. HILLAIRE. Yes. Big time. So those are our major funding requests. The rest of the information is available in our testimony. Mr. SKEEN. We certainly appreciate that. Yes, sir? Mr. CAGEY. May I make a couple more points that the Lummi Nation would like to make, Mr. Chairman? We do support the recommendations coming from NCI and the Northwest Indian Health Board, as well as the Intertribal Court System. So we do support their testimony. Mr. SKEEN. So you're on record as supporting those? Mr. CAGEY. Yes, we are. Yes, sir. Mr. SKEEN. Very good. Thank you all very, very much. Mr. HILLAIRE. Thank you very much. [The information follows:] 818

LUMMI INDIAN BUSINESS COUNCIL 2616 KWINA RD.• BELLINGHAM, WASHINGTON 98226-9298 • (360) 384-1489

DEPARTMENT EXT:

Testimony of Henry Cagey, Chairman, Lummi Indian Nation House Interior and Related Agencies Appropriation Subcommittee Fiscal Year 1998 Appropriations for BIA and IHS March 6, 1997

!.l!m.mi~1111illl~ l!!:.!!!ril.lll AJmropdption,~ BIA Budget Requests Water Rights Negotb:itlon:, Support - +$850,000 Provide the Lummi Indian Nation with lhadin:, sutlfoient to offset the resource~ of wealthy non-Indian land owners participating in the wate, 1igbts 1Mgotiation~ and potential litigation of treaty reserved senior on-reservation water rights added to BlA Non-R~curring Progr::ms, Trust Services, Waler Rights Negotiation/Litigat10n Budget Emergency - l,umml Students Need A Permanent Tribal Education Facility +$18.6 milUon: There are 254 Lummi Nation sh1dents now attending school at a temporary school facility ti.at \>!15 designrd to accommodate 120 students. This situation has escalated from an emergency problem to a crisis s1t11ation thMugh the in-action of the Bureau to addr= the need for permanent facilities.

IHS Budget Requests General Cost Increase of 5% Consistent with locren!e In Health Care Costs +5103 mllllon We urge the Committee t!) increase the amount requested for the Indian Health Services for general increases ~on~1stent with the documemed rate of health care cost which is 5%. Full Contract Support J,"undlng +$354,704. -Provide the Lummi Nation full funding of its contract ~upport r.eet.ls in FY 98 consistent w•th JHS Policy Directive 92-2 and 96-t A similar amo.int is (lWeCl to the Lull'mi Nation for the 1994, 1995, 1996 and 1997 Annual Ftinding Agreements. 'l!lfrastrurture Development Planning +$7:!i0,000: Provide the !HS Sanitatio1i f~cilitie; Const111cLiou Program with funds e.irytarked to support the planning of water deliv::ry amt sewage ~xt-;,clion system project,. develop111rnt to enable the continuing orderly deve.lopment of the Lummi Indian Rcr.ervation.

National TPA lnc1ease Requests ·n,r. Lummi Nation reqllest5 illld supports the requests o:!Jer Tribal govcinmects for a 511~t111tial increase in the amoum 1 f> A fundii1g a~'llilable to Tribal Governments. This increase in funding is needed by all Tribes to address the requirements of Welfare Refonn. This assistance is ueeded tc enahlc the Lummi Nation to fodlitnte the transition r.fit. membership from poverty to pro;perity.

-fulmm.!!o. ru: Lwnmi Jllld Recommendations; Regional Lenl Tribal Governments Pacific Nortbwat Wmbington, Oregon, Idaho. The Lummi lndi~r. 1~ation supports the requests and recommendatious c,f the No1tbwest Indian F'!Sh <.'ommis;:on. tht Northwest Ponland Area Indian Health Board .. and the Northwest lntern1~al Court System.

Appl'o;,riation Rtquest of ll!ICS . 'NIC,S req11ests that Sl~0.000 be includeJ in our b11.

Funding for Indian Tribal Justice Act Since the 103rd Congress passed the Indian Tribal Justice Act (December 3, 1993) PL 103-176, which authorized $58.4 million, we urge this Committee to provide at least $20 million for the 254 Tribal Courts in the FY 1998 appropriations. The 1991 report of the U.S. Commission on Civil Rights documents that inadequate financial support is the fundamental problem facing Tnbaljudicial systems. Therefore, we request $20 million be added to BIA Tribal Priority Allocations, Public Safety and Justice, Tribal Courts Budget Base for Tribal Courts, nationwide.

NWIFC Appropriations Technical correction of Western Washington-Boldt Implementation and US/Canada Pacific Salmon Treaty funding to levels consistent with previous direction by Subcommittee to provide full funding to trust programs.

Support for the $3.0 million Bureau oflndian Affairs, Forest Development, Woodland Management, Northwest Forest Plan, "Jobs in the Woods" Initiative and from this amount designation of $400,000 for the Tribal/State of Washington Wild Stock Restoration Initiative.

Endangered Species Act - Funding to enable Tribal Participation Pacific Northwest Tribes are, as a result of their co-management status, in the midst of all important natural resource debates within the region. Tribes need additional funds, either directly into their base, or through special funding from federal agencies who have obligations to resolve these key issues. Funds are needed for the tribes to participate with the Fish and Wildlife Service and National Marine Fisheries Service in the Endangered Species Act implementation (biological reviews, habitat conservation plans, consultations, technical assistance).

Shellfish Resources Management Initiative Tribes need financial support to establish basic shellfish management capabilities that complement their existing professional management programs. This will help tribes prepare for future shellfish enhancement and harvest activities as well as implement established tribal/state agreements and other future cooperative management considerations requiring·additional tribal shellfish management capabilities.

fu!.!!J..m.!!.a .!!f Lum mi fufum Request !!ill! Recommendations· National Level - Self-Governance Provide funding from both the BIA and IHS to the continued operation of the Self-Governance Communications and Education Project. $150,000. This would provide the project with total annual funding of $300,000. Continued funding is needed to provide communication and technical assistance to existing Self-Governance Tribes, Tribes preparing to become Self-Governance Tribes and the expansion of the Self-Governance to other Federal Departments, Agencies and Programs.

Administrative Cost Savings and savings from FTE reductions in both the BIA and the IHS should be returned to Tribes. We urge the Committee to: I) Require equitable distribution of reductions across Areas and in Central Operations: 2) Allow Self-Governance Tribes to receive their shortfall from savings and establish base budgets; 3) Savings should be redistributed to Tribes proportionately from regional accounts and nationally through Tribal Priority Allocations account; 4) BIA should be required to clearly document Savings/Reductions to avoid unfair criticism for Seif-Governance transfers.

Provide $100,000 for lHS Self-Governance Advisory Committee Operational Support The Lummi Nation supports the request of !HS, Office of Tribal Self-Governance for funding to support the operation of the Self-Governance Advisory Committee. The Advisory Committee was formed in 1996 and has already demonstrated its effectiveness to assist Tribal governments and the !HS to advance the Self-

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Governance initiative. Provide $100,000 for DOI Self-Governance Advisory Committee Operational Support The Lummi Nation supports the request of DOI and Self-Governance Tribes for funding to support the operation of the Self-Governance Advisory Committee. The Advisory Committee is now being formed, based on the IHS Self-Governance Advisory Committee.

Provide $400,000. for the DOI Office of Self Governance These funds are needed for FTE·s Central and Field Offices as appropriate.

Lum mi Indian Nation Tribal Specific Requests Summaries BIA Requests Rights Negotiations and~ The Lummi Nation treaty-reserved senior water rights and fishing rights are being impaired in conflicts on- reservation. In the Summer of 1995 the Interior Department, Lummi Nation and the State of Washington initiated these negotiations. Whether the negotiation are successful or litigation process is pursued, the Lummi Nation will need financial assistance for legal representation, research, documentation and participation. The Lummi Nation requests either an earmark or increase of $850,000 in BIA Non-Recurring Programs, Trust Services, Water Rights, Negotiation/Litigation to protect our treaty reserved senior water right. Emergency Need Lum mi Students fumA Irili,al Education Ea£iilly;, +18.6 .!!!.illi!!!!. There are 254 Tribal students now attending school at a temporary school facility which was designed to accommodate 120 students. This situation has escalated from an emergency problem to a crisis situation through the in-action of the Bureau to address the need for permanent facilities. Since 1989, our Tribal student enrollment has increased by 66 percent from 120 to 211 with a projected future enrollment of 850 in 2002. There are nearly 1,600 Lummi youth of school age, most of whom have expressed an interest in attending Lummi Nation Schools. Approximately 70% of Lummi youth still drop out of public school prior to graduation. We, therefore, request BIA Emergency Facility Improvement and Repair funds be increased to include funding for the planning, development and construction of a permanent Lummi Tribal Grade School and High school.

IHS Requests Contract fuumm:t Funding f!!.!:!.22l!. Provide the Lummi Nation the full amount of contract support funding based on IHS Circular 92-2 and 96-4 in FY 98 by including the amounts agreed in the 1994, 1995, 1996 and 1997 Annual Funding Agreements. This amount is owed to the Lummi Indian Nation by these agreements. Lum mi Indian Nation Infrastructure Development Planning Provide the IHS Sanitation Facilities Construction Program with funds earmarked to support the planning of water delivery and sewage extraction system projects development to enable the continuing orderly development of the Lummi Indian Reservation.

Suggested Final Report Language - Suggested BIA Directives Distribution of Central Office Tribal Shares We urge the Committee to require the Bureau of Indian Affairs to implement the plan for distribution of Central Office Tribal Shares to all eligible Tribes within 90 days of the effective date of this Act. Tribal governments and DOI Secretarial staff have developed a procedure for the orderly transfer of these funds to eligible Tribal governments. This process should be allowed to continue.

Support Reservation Economic Development and Job Creation Programs: Transition to TANF We urge the Committee to support the efforts of Tribes to actually implement the Personal Responsibility Act, through increased funding of Bureau economic and employment programs to enable the Tribes to adequately 321

address the extreme poverty and lack ofjob opportunities which remain today on most reservations. BIA Real Estate Management We ask that the Committee consider language which directs the Bureau oflndian Affairs to swiftly resolve the concerns which led to the recession of Area Directors authority to approve mortgages on trust land, in consultation with Tribal Governments, to restore this authority.

BIA Internal Funding Allocations Problems We ask that the Committee consider language in its report which directs the Bureau of Indian Affairs to develop a system to insure access for Tribal governments which are now performing Bureau Programs, Services Functions and Activities under Self-Governance Compacts and Self-Determination Annual Funding Agreements to the internal funding allocation system of the Bureau on the same basis as the Bureau operated Field Offices, Agencies and Areas Offices. This a problem for those Tnoes which now operate Bureau Real Estate Programs, General Assistance and Natural Resources Programs, Services, Functions and Activities.

Northwest Indian Fisheries Commission Tribal Share The mission and annual programs of the Northwest Indian Fisheries Commission were established at time when none of the Northwest Tribes had substantial technical capabilities to manage their fisheries under the then new decision, !LS.,, :l!,. .!.fil. Since that time the Northwest Tribes have developed fisheries management capabilities at different speeds and in different directions. There is still a substantial need for services of the Northwest Indian Fisheries Commission in the areas of coordination and common services. However, due to the different developmental realities of Tribal Fisheries Departments among Northwest Tribes it is time to recognize these differences by identifying and distributing Tribal Shares based on tribal request. Therefore the Lummi Nation request that the Committee consider language in its report which directs the Bureau to develop a process to identify and distribute Tribal Shares of the funding available to the Northwest Indian Fish Commission at the request of participating Tribal goverilments.

Office of the Special Trustee Strategic Plan to Assume Trust Resources Management Direct the Office of the Special Trustee to proceed with the planning, in coordination with Tribal Governments, of the economic development portions of the Strategic Plan now under discussion and to immediately cease all planning directed at assuming the control of the BIA Trust Resources Programs and funding until full and specific consultation with Tribal governments on this issue. The " Draft Plan" places the federal government trust responsibility to the Tribal governments in "imminent jeopardy."

Suggested IHS Directives Support Medicaid Rate Increase for Tribally Operated Clinics Consistent with Federal Clinics We request the Committee members to use their considerable influence on their colleagues to correct this omission and provide cost of living rate increases to all Medicaid service providers.

IHS Internal Funding Allocation We ask that the Committee direct the Secretary of Health and Human Services to develop a process by which Tribal governments can obtain a share of all funding made available to the Agency including interagency assessments at the Headquarters level.

We urge Congress to recognize that the time has come for the Federal Bureaucracies to reorganize for the future of Indian Country into serving a supportive role for Tribal government operations and development. Congress should change these Agencies by decisively shifting financial resources to Tribal government operations. In conclusion, I appreciate your consideration of the FY' 98 requests and recommendations for appropriations for the BIA/IHS, on behalf of the Lum mi Indian Nation .. Thank you. 3,22

Tmm.sDAY, MARCH 6, 1997. INDIAN HEALTH SERVICE WITNESSES JOSEPH C. SAULQUE, CALIFORNIA RURAL INDIAN HEALTH BOARD, INC. JIM CROUCH, CALIFORNIA RURAL INDIAN HEALTH BOARD, INC. Mr. SKEEN. We need the California Rural Indian Health Board, Incorporated, Mr. Joseph C. Saulque. Is that pronounced correctly? Mr. SAULQUE. Pretty close. Mr. SKEEN. Pretty close, huh? What's the correct pronunciation? Mr. SAULQUE. Saulque. Mr. SKEEN. Saulque. Welcome. Mr. SAULQUE. I'm with the California Rural Indian Health Board as the chairperson, and the local health clinic at Toiyabe Indian Health Project, which is in Bishop, California. Up here with me is Jim Crouch, who's our executive director-- Mr. SKEEN. Glad to have you here, Jim. Mr. SAULQUE [continuing]. And we have a number of people from California. Stand up. California people, please stand up. Mr. SKEEN. It's nice to have all of you here from California, those of you who haven't migrated back to New Mexico. [Laughter.] Mr. SAULQUE. And we do have Amos who's with the Yurok Tribe, which is the largest tribe in California-- Mr. SKEEN. In California? Mr. SAULQUE [continuing]. And it's also in Mr. Riggs' jurisdiction. Mr. SKEEN. District? Mr. SAULQUE. District. It would have been nice for him to listen to them as well. Mr. SKEEN. Yes, we have a joint interest in it because we have a lot of Native Americans as our constituency. We appreciate it. Mr. SAULQUE. Basically, I have five topics to discuss with you today. Mr. SKEEN. All right, sir. We'll appreciate it if you'll abstract them, and they'll all be in the-your testimony will be wholly in the record. Mr. SAULQUE. Yes, sir. Mr. SKEEN. Go ahead. Mr. SAULQUE. Okay. The five topics are regarding equity funding in health care, the contract support cost, smart facilities grant program, youth regional treatment center, and contract health services. The equity concept started a number of years ago when we had a lawsuit that was filed against the Indian Health Service called Rencon, which was for the purpose of showing there was a big equity in funding between California and other Indian Health Service area· offices. And Indian Health Service was supposed to do an equity funding of the allocation, which they never did, and then Con- gress-- Mr. SKEEN. But there's a large disparity, inequity. Mr. SAULQUE. Yes. Mr. SKEEN. All right, sir, I wanted to be clear. 323 Mr. SAULQUE. And Congress crune through and provided an equity fund that lasted for about four or five years, and that did bring us up to some equity, but it never brought us to some-what do you call it?-parity in funding within the Indian Health Service system. Currently, our clinics that we have in California receive less than $1,079 per patient visit. The average for Indian Health Service is about $1,500 per patient, and the private industry is about $2,450 per patient visit. Medical-Medicaid adds about $101 toward the active users. So we're still very much underfunded in the way of providing a comprehensive health care to our people in California. So we're looking for to continue some kind of an increase in health care. Mr. SKEEN. So we want to move the parity list up just a little higher? Mr. SAULQUE. Just a little higher. We can't go all the way up where we need to be, but we need to go up a little higher. Mr. SKEEN. But you've got to prioritize? Mr. SAULQUE. Yes. Contract support is another issue that is a problem for tribal 638 contractors, even compacters. That's the additional support cost to deal with the-manage a contract and a program. The GAO report, 1986, stated, "Underfunding of contract support cost is the principal barrier to achieving the promise of true self-determination." As that falls behind and never catches up, especially with new and expanded contracts, we are still having problems in supporting the progrruns that we do have with the extra contract support cost that we need to run those progrruns. So we need that also to go up a little higher. Mr. SKEEN. Are you talking about contracts on your reservation properties or-- Mr. SAULQUE. Yes. Mr. SKEEN. Within the borders of the reservation? Mr. SAULQUE. Contracts for tribal government operations-- Mr. SKEEN. Operations. Mr. SAULQUE · [continuing]. That are usually on reservations or tribal organizations that support those tribal government operations. Mr. SKEEN. Oh, I see. Mr. SAULQUE. For exrunple, TRIV·is the tribal organization that supports about 33 tribes and 11 health clinics in the State of Cali- fornia. The other issue is the small runbulatory facility grant progrrun. That was a program that we needed as small projects. The Indian Health Service construction progrrun and facilities was never in a system whereby they would ever allocate dollars for construction of clinics to real small projects, and since we felt we would never reach that criteria that Indian Health Service has established for construction, we requested Congress to establish this grant progrrun, similar to community development block grants, to be able to provide funding to tribal governments throughout the United States in small clinics to be able to build new clinics, be able to renovate or repair the existing clinics. Congress did provide the authorization of that progrrun in the Health Care Improvement Act 324 in 1994 amendments, but no funds were ever budgeted or allocated to that line item. When they first_ did that, they hoped that Indian Health Service would put money in that line item, and Indian Health Service never did. So, in order to overcome that need, and as tribal governments, we have a government-to-government relationship with ~he United States, I guess we have to rely on Congress to put some of the money into that budget item, so that it would help the small tribes who don't normally get that. And in California building facilities, we had to do it on our own. We had to get buildings from other people to put together our own buildings. In Toiyabe we got old buildings from the China Lake Naval Base out of Ridgecrest-- Mr. SKEEN. That's fairly close to you, isn't it? Mr. SAULQUE [continuing]. And transported those up there and then put them together for a facility, and we started our facility. And other tribes have done the same thing in the State of Califor- nia. Mr. SKEEN. Do you have any tribal enterprises that generate income for you? Mr. SAULQUE. On the reservation that I represent, we only have one that does a gas station and a service station, but we're in a very isolated-- Mr. SKEEN. I understand that. Mr. SAULQUE. But other tribes have those in California that do that, and I can't really speak for them because I'm not sure what all they have. Mr. SKEEN. I was just trying to get some kind of a gauge to what your economic base is. Mr. SAULQUE. Yes, well, for the reservation I represent there is no economic base. Mr. SKEEN. There's none, huh? Mr. SAll:,QUE. Not even a gaming casino. Mr. SKEEN. It's a bedroom community? Mr. SAULQUE. It's, yes, a bedroom community and very isolated as far as other people in the community. Mr. SKEEN. So most of the people work off the reservation then? Mr. SAULQUE. Right, up to 40 to 50 miles away from the reservation. Mr. SKEEN. So there's quite a bit of commuting? Mr. SAULQUE. Yes. Another issue that we have a problem with is the youth regional treatment centers. We have authorization for two of those to be placed in California. Mr. SKEEN. Youth treatment- Mr. SAULQUE. Centers. Mr. SKEEN. Okay. Mr. SAULQUE. And, to date, we have not one center operating in California. Mr. SKEEN. How many children under the age of 18 do you have? Mr. CROUCH. It must be over 20,000. Mr. SKEEN. Twenty thousand? Mr. CROUCH. There's 63,000 Indian people receiving health care services California-wide. 325 Mr. SKEEN. That's California-wide, yes. Mr. SAULQUE. And I'm referring to CRIHB. Mr. SKEEN. Yes. Mr. SAULQUE. Now I assume we're looking at about 117,000 rural population of California Indian people. We have two projects in California: the Toiyabe Indian Health Project that started basically a 12-bed group home that we're trying to expand to a 24-bed that may meet the criteria for that type of a center, as well as the Lassen Indian Health Project is trying to put together a project in an old Army depot that's close to them. But those are the only efforts that have been made in California, and Indian Health Service has not been able to pull anything together for those projects. What we really need is some additional dollars to the tune of about $750,000 to assist both of those projects in getting up online and being able to provide those services where they're needed for our· youth. Most of our youth now are being even sent out of the State to facilities like in Utah and Oregon and as far away as Wyoming. Mr. SKEEN. Is the tribe involved in agriculture of any kind? Mr. SAULQUE. The tribe I represent is not. Other tribes are involved in agriculture in California. Mr. SKEEN. Other tribes do that. They operate up and down that valley? Mr. SAULQUE. Yes. But in our area, it used to be a big sheep industry a long time ago, in the early 1900s and into the 1960s. Mr. SKEEN. Sheep? Mr. SAULQUE. Sheep. And it has faded out, although we do have still a number of sheep owners coming out of Bakersfield, like Mandenboro and some others. Mr. SKEEN. What are you doing with coyotes? [Laughter.] Mr. SAULQUE. They're all over the place. [Laughter.] Mr. SKEEN. How do they taste? Mr. SAULQUE. Never had one. [Laughter.] Mr. SKEEN. A cross between a bald eagle and-- Mr. SAULQUE. Never had one. / Mr. SKEEN. Okay, your time is just about up. Mr. SAULQUE. Just about up? Mr. SKEEN. Yes. Mr. SAULQUE. I have one last item; contract health services. In California we seem to always be short on contract health care service funding, and as an example, I guess, in 1996, comparing to the Billings area with the California area, Billings has users of 62,395; California has users of 64,340. Yet, Billings will receive $524.42 per user, active user, and California gets $137.15 per active user. And Billings has Indian Health Service hospitals and we don't. And what CHS dollars are used for is to pay for those services that are referred out to specialty or surgery, or whatever, that can't be done in the clinic. Mr. SKEEN. How far away is that facility? Mr. SAULQUE. For us in the valley, it's either Reno, Nevada or some action in a local hospital or down in Lancaster or Loma Linda. Mr. SKEEN. So it's quite a chore, isn't it, just- Mr. SAULQUE. So you're looking at least four hours. 326

Mr. SKEEN. We thank you, sir. Mr. SAULQUE. Thank you. Mr. SKEEN. We appreciate your testimony. Mr. SAULQUE. Thank you. [The information follows:] 327

CALIFORNIA RURAL INDIAN HEALTH BOARD, INC. 1451 River Park Dr., Suite 220 • Sacramento, CA 95815 • (916) 929-9761 • Fax (916) 929-7246

Testimony House Appropriations Committee on the Interior and Related Agencies March 1997

My nan:ie is Joseph C. Saulque, I am f:t~~- to testify on behalf of the California Rural Indian Health Board of which Lafn Chairman. I am also Chairman of the Toiyabe Indian Health Project and Vice Chairman of my Tribe, the Utu Utu Gwaitu Paiute. .{' -~~; ·

I ~m here 1o(lay. ~B,ch_a,~L~g~-.y~1/:,v1th the folJ~-~;gµ;~~t.i,9,9:·'.'!\/\fhX:should Tnbal Hea!fu Prograrns-m CallfOmia be less wetlfuridedthan thoseJn other parts of the !HS ~~stem? yo~ a~~·:~;-~~iMou can b~t invest your limited resourcesJn'ways·that w1ll provision of health care servl~~~'t!) the ln~lari'~~pple,~f~~ljfon,tta:'"~:.,. ,, +~\: .f ~>{./\.,, ·· ~1 < ••,.({ -.f--:./ , \·. 5:-: ;:~. ·--~_,;--:: ~'-. : ; (~ • ~:,' \ Califo~!lt~~~t~~~n )f9#~-:

CONTRACT HEALTH SERVICES Envision the California Area of the IHS with 123,584 square miles, sixty-eight thousand active Indian clients, twenty-six tribal health programs, only eleven pharmacies, three x-ray units and not a single IHS funded hospital,. What you see is an entire IHS area that is dependent on Contract Health Service (CHS) funds for specialty and inpatient services. Yet, perversely, Congress and the IHS have conspired to provide California with the lowest level of CHS funding in the IHS system for those Areas without inpatient capacity. We do not advocate that you build an IHS hospital in California, there are plenty of empty hospital beds all over the State. Nor do we advocate that you immediately make the necessary $10,000,000 increase in CHS funding for California that is needed to reach parity with the other CHS dependent areas; however, that level of increase should be your long term goal. This year, we urge you to make a modest investment of $3,000,000 in the recently reauthorized California CHS Demonstration Project (PL 104 313 section 2), as the most efficient means of addressing this life threatening issue. This approach targets funds to specific cases as they happen and it has been tested and has the capacity to change the way in which local tribal health programs administer their CHS programs with even small adjustments in the overall level of available funding. It has also been proven to increase our ability to access the Catastrophic Health Emergency Fund (CHEF), although utilization remains far below national averages. In brief, borrowing a model from private industry, the CCHSDP operates like a reinsurance pool providing stop-loss coverage to those programs that experience random high cost events. We urge you to earmark some CHS funds for this purpose as a step towards funding equity for California.

YOUTH REGIONAL TREATMENT CENTER Over the past ten years Tribal Health Programs in California have struggled with the problem of how to establish and administer Youth Regional Treatment Center type services in California. Today, two major initiatives are in the planning stages, both in need offacility construction and renovation funding. One initiative organized through CRIHB would construct additional capacity for an existing tribally operated, state licensed group home on trust lands of the Bishop Reservation. A second initiative, under the leadership of the Lassen Indian Health Program, is hoping to renovate buildings on lands which were formerly part of an arms depot which will eventually be taken into trust. Construction on federal trust lands is almost impossible to finance without direct federal participation. In the past, Congress has assisted each area of the IHS with construction or renovation funds for YRTC services. It is now time to address this issue in California. Each initiative should be awarded $750,000 in facilities funds to meet their facility needs so that we can begin to provide culturally competent youth alcohol treatment services in California.

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CONTRACT SUPPORT COSTS In September of 1995, CRIHB assumed responsibility under Indian Self Determination Act Contract 235-95-0039 for Area Office programs, services, functions and activities for one third of the tribes in the California Area. Since that time we have struggled to implement our collective vision of providing comprehensive technical support services to our participating tribes and tribal health programs. Directly under your. control is the removal of the major obstacle to our success - full funding of Contract Support Costs (CSC). The observable surge in the need for CSC funding is due to a national and predictable increase in tribal contracting which was fostered by Congressional change in basic Indian . contract law. To date, we have received no CSC funding for our expanded responsibilities .. Instead, our request for new CSC funding has been placed in queue with a potential funding date sometime in the fiscal year 2000. Today, there· are seventy-six tribes and tribal organizations facing this same situation with a collective need for almost $36,000,000 in CSC funding related to new and · expanded contracts that are already in place .. Addressing this need should be .a primary objective during this current funding cycle. The collapse of the CSC funding system within the IHS has reduced our ability to provide both health care services and our ability to provide necessary management controls over the resources entrusted to our care. Nationally we are on the brink of returning to an era well described in the 1986 Government Accounting Office Report, "Barriers to the Indian Self Detennination Acf' which cited underfunding of CSC as the principle barrier to achieving the promise of true tribal self determination. That this should happen in an era in which the federal government is actively seeking to devolve many of its responsibilities to more local levels of control, ·such as States, is incongruous and unacceptable. We therefore, urge you to significantly increase the Indian Self Determination Fund this year in order to address this critical situation.

SMALL FACILITIES GRANT PROGRAM . The Amendments to the Indian Health Care Improvement Act of 1994 (P.L. 102- 573 Section 303) established a grant program to fund small ambulatory facilities operated under the Indian Self Determination Act. Although the problem · addressed by·this authority has been well documented over the years, it has yet to be addressed by Congress. These funds are needed to overcome the large facility bias of the existing IHS facilities construction priority system. To date, there are no IHS funded facilities in California. This situation has forced tribal health programs in California, who focus on the delivery of ambulatory and preventive care services, to divert precious Medicaid and Medicare collections to the payment of facility construction debut and lease costs further reducing our ability to provide a comparative level of comprehensive health care services to our clients. We urge you to initiate this program in FY 98 in order to free us from debut s~rvice and lease costs not associated with the IHS program in its traditional areas of operation. It should. also be noted that the lack of adequate facilities is a major barrier to the achiev.ement of Joint Commission on

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Accreditation of Health Care Organizations accreditation by Tribal Programs in California. If this situation is allowed to persist it will eventually threaten our ability to participate in managed care approaches to providing Medicaid and Medicare funded services to eligible Indians in California.

FUNDING EQUITY FOR TRIBAL HEALTH PROGRAMS IN CALIFORNIA Today, in the California Area IHS, funding per patient is less than $1079 per active Indian user; CRIHB member programs are funded at a somewhat lower rate of $856 per active Indian user. This level of support is augmented by Medicaid collections equaling approximately $101 per active Indian user. This resulting level of support is far below that needed to provide comprehensive health care services.

Tribal Health Programs in California have always worked to maximize third party collections as a means of supplementing core funding from the IHS. This is reflected in the fact that the national IHS program has an enrolled Medicaid population equal only to 15% of its active client population, while census data suggests that fully 30% of the national IHS population should be Medicaid eligible. The tribal health programs in California enroll up to 30% of their active clients into the Medicaid program.

Unfortunately, IHS funding and third party collections together are still insufficient when compared to the actual free market costs of providing comparative services. In California, the free market defined cost of providing comprehensive care in a managed care system such as the IHS, would be closer to $2,450 per active client. This is the negotiated cost between Kaiser Permanente, one of the worlds largest purchasers of health care services and CAL PERS, one of the worlds largest buyers of health care services. If the worlds most efficient buyers and sellers of health care services require that level of support, how can Congress expect tribal health programs in California to provide a comparative set of services on less than half of that amount? I hope that you will remember this comparison as you consider our request for California specific funding within the IHS appropriation.

Thank you for the opportunity to provide this testimony on behalf of the participating tribes and tribal health programs of the California Rural Indian Health Board.

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CALIFORNIA RURAL INDIAN HEALTH BOARD, INC. 1451 River Park Dr., Suite 220 • Sacramento, CA 95815 • (916) 929-9761 • Fax (916) 929-7246

Honse Appropriations Subcommittee on Interior and Related Agencies

Pursuant to clause 2(g)(4) of the Rule XI of the Rules of the House of Representatives

Federal grants and contracts received for the period October 1, 1995 through September 30, 1996:

Amount Source Program

$ 15,251,623 Department of Health and Human Indian Self-Determination Services '· contract under PL 93-638 Public Health Ser½ce for health services :~' ·, 4ldi~ ~~th Service

$ 3,290,900,-: Department ~f H~dt and Huinah . ,\ ': f hndian Self.p~termination senJi~es ,-. ,<' ··· ·,. , · contract urider PL 93-638 Public Health Service . . for cot1tractible programs, -Indian Health Seh(ice .. ,·' ;funoii.ons, :services and /, , , // -::.. activities''_: . ' ':: ·, ....

9 $ tlii~,xD;;;;::;:~,~b~ :; , ' \,/ :· '. Administration of C~clren; Youth · , .., y\,· ,. andFamilies '>";:/·-./... .', ;=i:'i::;n:~t $ 19,480;J6ir /. :TO~AL 10/1/95- 9/30!,9{(:

·. ·, •• ! ;_. 332

THURSDAY, MARCH 6, 1997. INDIAN HEALTH SERVICE WITNESSES LYLE EMERSON GEORGE, THE SUQUAMISH TRIBE JOHN CROWELL, THE SUQUAMISH TRIBE Mr. SKEEN. The Suquamish Tribe, Mr. Lyle Emerson George, chairperson. Welcome. Mr. GEORGE. Good afternoon. Mr. SKEEN. Good afternoon, sir. Mr. GEORGE. How are you today? Mr. SKEEN. Well, I was all right until I had to get up this morning. [Laughter.] Mr. GEORGE. I know the feeling, but it's a good time when we can all get up. Mr. SKEEN. Well, thank you. The rest of the day turned out well. Mr. GEORGE. Good. Accompanying me today is our tribal elders chairman, Mr. John Crowell. Mr. SKEEN. Welcome to both of you. Mr. GEORGE. And I also have seated behind members of our youth, and I would like to ask them to stand. Mr. SKEEN. Yes, please stand. I'd like to see them. Mr. GEORGE. And members from our tribal council as well, and a former chairman. Mr. SKEEN. That's a good-looking bunch back there, too. Mr. GEORGE. Thank you very much. We've just completed our first year under self-governance, and that allowed us to bring our elders and our youth back, and I've asked our youth to be a witness for today's historical events in the eyes of the Suquamish people, being here today testifying before this committee, and it's honor for me to be here today. I have three areas that I would like to discuss with you today. There are some national issues that I would like to begin with and some regional issues and issues of and for the Suquamish people. On the national issues side-and I think when I was preparing this oral testimony today, I labeled them all with Al, A2, A3, so I could keep it straight in my mind. And there's a story with that that came to me while I was preparing this testimony. 1A are the treaties and the agreements negotiated by your predecessors as well as our tribal ancestral leaders, all in good faith, one government to another. When I see the turnaround in Congress today, there are many new Members in Congress; I'm sure that the lion's share of those do not have Indian reservations within their districts, and when the issues come up that affect tribal reservations, we have tribes that would be more than willing to help educate Congress. We have tribally-sanctioned organizations that would also be actively participating in getting the education out. And then on the tribal side, we must also become smarter on how we maneu- ver in Washington. So the challenge is to both the Congress as well as tribes to be more effective, so we can be heard. 333 Mr. SKEEN. We appreciate both of your aims and objectives, the object of your effort, but the best way to handle Washington is to just come right straight out with it. Mr. GEORGE. You bet. Mr. SKEEN. And we appreciate that. Mr. GEORGE. Another note that I made was seek tribal participation in tribal issues. Try to see things through our eyes on the reservation and not from the top of the Hill. You may get a different perspective-- Mr. SKEEN. Absolutely. Mr. GEORGE [continuing]. On what we're doing. I listed these all as "A" items this morning, and what does the "A" stand for in my mind? The "A" stands for action. There are no appropriated dollars associated with these actions, and I think the effect can be measured well beyond any dollar or cent we can apply to it. So please heed the words, and I appreciate the time. As far as priorities for the Suquamish people, we are descendants of Seattle, one of the great leaders in the Pacific Northwest. Mr. SKEEN. The greatest chief. Mr. GEORGE. Thank you, sir. Mr. SKEEN. Yes, sir, I've lived in Seattle. I graduated from high school in Seattle. Mr. GEORGE. Which high school? Mr. SKEEN. O'Day. Mr. GEORGE. O'Day. North Kitsap used to play at O'Day. Mr. SKEEN. Those Catholic kids are mean. [Laughter.] Mr. GEORGE. They are ornery, aren't they? [Laughter.] Mr. SKEEN. Yes. Mr. GEORGE. They're good basketball players, too, by the way. [Laughter.] Mr. SKEEN. Yes, they're great jumpers. M:r;. GEORGE. You bet, they are. Have you ever visited traditional-- Mr. SKEEN. Yes, sir, I have. Mr. GEORGE. Have you \been to the site of the Old Man House? Mr. SKEEN. I don't-I can't tell you that I have, but I suspect so, because I was a fairly young lad when we got into-- Mr. GEORGE. Probably 10 years ago? Mr. SKEEN. No, this was quite a few more than that, and I'm not going to tell you how many. [Laughter.] Excuse me. Go ahead. I'm interfering with your work here. Mr. GEORGE. Thank you. There was an archeological dig at this site in 1974. Mr. SKEEN. What are you referring to? Mr. GEORGE. The site of the Old Man House. Mr. SKEEN. The Old Man House? Mr. GEORGE. The traditional home of the Suquamish people. Mr. SKEEN. Oh, I see. Mr. GEORGE. The home was estimated to be up to 600 feet long. It was a traditional gathering place not only for the Suquamish, but tribes throughout the region. Early estimates on the age of the Old Man House puts it at 2,000 years old. So the Suquamish have been around for a long time. Mr. SKEEN. Oh, yes. 334 Mr. GEORGE. Currently, there were two lots that recently came for sale that· adjoined a State park that sits at the heart of this site, and we're currently working with the State of Washington to revert this park back to the-- Mr. SKEEN. Tribal interests? Mr. GEORGE [continuing]. Tribal interests. We would also like to purchase two lots adjoining this. One has a house on it, and with that we would like to make that a gathering place for our youth. It would be a three-year term. The second year we would like to do a thorough excavation of the site and document the artifacts that are found there, and then the third year build an interpreta- tive center that could be used-and we talked about education on the Hill-for education of folks throughout the region, so people could clearly understand the traditional life of the Native people in the Puget Sound region. We'd also build a replica of the Old Man House, not the full 600 feet, but a replica that would do its due. We're asking for a three-year period of $1.8 million-- Mr. SKEEN. One point eight million? Mr. GEORGE. Yes, sir. We're currently working with other agencies and other departments to see what we can do to minimize that effort. Like I say, it's the heart and the center of the Suquamish people's homeland. Mr. SKEEN. I can understand the importance of it. Mr. GEORGE. Yes, sir. Second, in 1990 we were awarded a water contract, and in 1993 that contract was approved as a mature contract under the 638 programming. We worked collaboratively with other tribes in the region, other municipalities, States, utilities, and county governments, to identify the hydrology and the geology of our local aquifers, and that base funding for that particular program is $108,000. The Bureau in their infinite wisdom has yet funded that mature contract, and we continually strive to keep that very important and vital program alive for the Suquamish people. Mr. SKEEN. So you have an ongoing appropriations for it? Mr. GEORGE. Yes, sir. Mr. SKEEN. I see. Mr. GEORGE. Our third area, I don't know how alive and well the Bloods and Crips are back here on the East Coast, gang affili- ations, but they're alive and well on our reservation. Because of the jurisdictional issues, our reservations are to come and be held harmless by all forms of lawlessness. With that, we've seen an increase in our juvenile crime. Our court systems have-rather than the positive youths that we brought with us today, the negative is out there, too, and we need to turn that around. Mr. SKEEN. Well, they're a problem nationwide, but particularly in areas concentrated like yours. Mr. GEORGE. Exactly. We've seen an increase in juvenile crime. We've seen an increase in child support and custody cases. We've seen an increase in civil cases in our courts. We currently have a base budget of $66,000. We're requesting an additional $130,000 to sustain the cornerstone of our sovereignty, which is our court system, to keep our government in checks and balances. I don't need to explain to you how important courts are to a governmental structure. 335 Mr. SKEEN. Do you have a tribal court? Mr. GEORGE. Yes, sir, we do. Mr. SKEEN. I see. Mr. GEORGE. We have a public defender, a part-time prosecutor, and two clerks, and a part-time judge. We use the Intertribal Court Systems as an appeal system-- Mr. SKEEN. I see. Mr. GEORGE [continuing]. As a check and balance. The third is-I'm sorry, the fourth is under a Bulk II decision, the shellfish case that recently was settled in the State of Washing- ton. We have a base budget of our shellfish program of $30,000. We've currently added five new species that we need to co-manage with the State of Washington, and we're requesting an additional $228,000 to effectively manage that resource. And, finally, -sir, I would like to address some regional issues and those would be: we support the testimony of the Northwest Indian Fisheries Commission, and particularly their request for shellfish management, which is an integral part of the way we manage that resource. And, as you know, the Northwest Indian Fisheries Com- mission supports 20 tribes from western Washington under Bulk IL We also support the commission's request on hatchery rehabilitation within the Bureau of Indian Affairs construction account. As we see a decline in the fish runs, natural runs, what we need to do is augment that fishery with hatchery-supplied fish. · The Suquamish Tribe at one time was fourth in the State as far as production of fish released into the systems. We've seen our fisheries decline over the years, based on overharvest, all user groups, habitat protection, and we support what the commission has requested as far as hatchery rehabilitation. We would also like to support recommendations and testimony of the Northwest Indian Area Health Board, and, also, we would like to support the Northwest lntertribal Court Systems. Mr. SKEEN. Well, we thank you. Mr. GEORGE. One last thing, sir. Mr. SKEEN. All right, one last. Mr. GEORGE. Finally, on a regional level, I earlier alluded to the fact that we need tribal participation in all facets of the government that affect tribal properties. There's currently a comprehensive energy review plan which will impact the Columbia River drainage, and that's where it comes to de-regulation of the Bonne- ville Power Administration. I would ask that you seek tribal participation in that as well, sir. Mr. SKEEN. I think that's an issue that you brought before us in the past. Mr. GEORGE. Thank you, sir. Mr. SKEEN. We appreciate your tenacity. Mr. GEORGE. We appreciate your time. Mr. SKEEN. All right. We appreciate your coming. Mr. GEORGE. Thank you very much. Mr. SKEEN. Thank you. [The information follows:] 336

& Area Code (206) l. 9 ~--~-i••M ..... L,. ______F_;_ :_:_\_\_5 ____ THE SUQUAMISH TRIBE P.O. Box498 Suquamlsh, Washington 98392

TESTIMONY OF THE HONORABLE LYLE EMERSON GEORGE, TRIBAL CHAIRMAN SUQUAMISH TRIBE PRESENTED TO THE HOUSE SUBCOMMITTEE ON INTERIOR APPROPRIATION OF THE COMMITTEE ON APPROPRIATIONS AFFAIRS ON APPROPRIATIONS AFFAIRS ON THE FY 1998 BUDGETS FOR THE BUREAU OF INDIAN AFFAIRS AND THE INDIAN HEALTH SERVICE Thursday March 6, 1997

SUMMARY OF SUOUAMISH APPROPRIATIONS PRIORITIES_;_

TRIBAL LEVEL REQUESTS 1. Funding of $1,800.000 for the Suquamish Tribe to reacquire our ancestral home at "D' SUQ'WUB" (place of clear salt water), add to the BIA Non-recurring Programs, Wildlife & parks, Tribe/Agency budget · 2. Provide $228,000 funding for Shellfish Management, add to the BIA Other Recurring Programs, Natural Resources, Wildlife & Parks, Tribe/Agency budget base; 3. Provide $108,720 funding for Water Resources Program, add to BIA Non-recurring Programs; Water Management, Planning, and Pre-Development Program, Tribe/Agency budget base; and, 4. Provide $130,000 funding increase for Law and Justice Program (Tribal Courts), add to BIA Tribal Priority Allocations, Tribal Courts budget base.

REGIONAL REQUESTS -1. Support for 20 Western Washington tribes and the Northwest Indian Fisherie& Commission for Tribal Shellfish Management, Enhancement and Enforcement funding to implement Tribal treaty rights through the establishment of base shellfish operations; 2. Support for technical correction of BIA Western Washington-Bolt Implementation and U.S./Canada Pacific Salmon Treaty funding to levels consistent with the previously identified level as directed by the.Subcommittee; 3. Support for BIA request of $3,000,000 for continued implementation of the President's Northwest forest Development plan, "jobs jn the Woods" lnitative and the designation of $4,000,000 for the Tribal-State of Washington Wild Stock. Restoration Initiative; •. 4. Support for $150,000 increase.to Northwest lntertrlbal Court System base funds for FY1998 in the BIA Tribal priority .Allocation account; and, 337

TESTIMONY OF LYLE EMERSON GEORGE MARCH 6, 1997 ON THE FY97 BUDGET REQUESTS FOR BIA AND IHS PAGE2

5. Support requests and recommendations of the Northwest Portland Area Indian Health Board, the Northwest Indian Fisheries Commission, and the Northwest lntertribal Court Systems.

NATIONAL REQUESTS 1. Support $400,000 increase to the DOI Office of Self- Governance for additional 'FTE's for Central Office and Field Office as appropriate; 2. Provide $150,000 from BIA and $150,000 from IHS for Self-Governance Communication and Education Project; 3. Increase BIA and IHS Contract Support funds to address documented tribal needs; and, ' · 4. Instruct DOI Secretary to coordinate with the Office of Special Trustee regarding the draft Strategic Plan and ensure concurrence with Tribes.

On Behalf of all the Members of the Suquamish Tribe, I would like to thank the House Committee on Indian Affairs for requesting written testimony from the Suquamish Indian Tribe on the BIA and IHS FY 1997 Appropriations Bills.

BACKGROUND AND CURRENT CONDITIONS The Suquamish Tribe, whose ancestors include the renowned Chief Seattle, for whom the city of Seattle was named, is located on the 7,500 acre Port Madison Indian Reservation, with boundaries within Kitsap County, seven miles west of Seattle across Puget Sound. The Suquamish currently have approximately 800 enrolled members and a seven-member Tribal Council who are elected at annual General Council meetings. '

The Tribe's 1998 requests to the subcommittee reflect the Suquamish Tribe's traditional dependence upon Treaty protected natural resources for their livelihood, our commitment to the preservation of our religion, culture and law and justice on our reservation, and our expectation that the current U.S. Congress will honor the commitment made to the Suquamish in the Treaty of Point Elliott.

TRIBAL LEVEL REQUESTS Funding to reacquire our ancestral home $1 800.000 Sometime between the years 1866 (the year Chief Sealth passed away) and 1872 under orders from the government, William DeShaw, agent in charge of the Port Madison Indian Reservation, moved the remaining families out of Old Man House and then to ensure no further inhabitancy, dismantled and burned it. But since this site was unalloted lands some tribal members built small homes on the site and continued to live here until 1904 when the U.S. War Department purchased the site for a fort to guard the watery entrance t0 Port Orchard Bay, where the new Bremerton Navy Yard was located. Many of the members opposed the sale, but the Army pressured the Indians to sign, claiming that if the property was not used for military purposes.it would be returned to the· Tribe. On May 28, 1904, an agreement was signed by the adult rrrembers of the Tribe, D'Suq'Wub was vacated, and the Suquamish Tribe never returned. 338

TESTIMONY OF LYLE EMERSON GEORGE MARCH 6, 1997 ON THE FY97 BUDGET REQUESTS FOR BIA AND /HS PAGE3

We are requesting $700,000 in 1998 to fund the purchase of two lots, that along with the state park make up the fonner site of Old Man House. and $400,000 in 1999 to conduct an archaeological dig on this site that was home to the Suquamish Tribe for Two Thousand Years, and $700,000 in 2000 to construct a smaller replica of Old Man House to be used as a interpretive center for the Tribal Members and the general public, and as a gathering place for the tribe to relearn about their culture and traditional ways of life.

Increase Funding for Shellfish Management $228,000 We are requesting $228,000 be added to the BIA Other Recurring Prog~ams, Natural Resources, Wildlife and Parks, Tribe/Agency Budget Base account to expand our model inter-agency 1 cooperative shellfish program. The harvest of shellfish species is a critical component of the marine resources utilized by the Suquamish people. The court decision reaffirming treaty shellfish rights and the court order implementation plan has allowed the Tribe to expand fishing opportunities to our Tribal members at a time when salmon fishing income is at its lowest level in twenty years. Providing effective management of the new fisheries opportunity is a Tribal priority.

Fisheries enforcement needs expansion to cover these additional open water and intertidal fisheries year round, population surveys of several species are needed to set sustainable harvest levels, and Tribe and State agencies will need to establish species-specific management agreements.

Provide Funding for Water Resources Program Mature Contracts $108,720 In 1990, the Tribe developed a Water Resources Program to conduct a professional review and assessment of the water resources of the Port Madison Indian Reservation and the surrounding Port Madison Water Resources Basin. We have been successful in addressing water quantity issues through government-to-government efforts with Western Washington Tribes, State, County, and local governments. We have worked collaboratively with citizens groups, utilities, and other interest groups by sharing our knowledge of the hydro-geological condition of local aquifers to assist them. in considering fisheries streams and wetlands in their water resource allocation decisions and avoid litigation. A PL 93-638 contract was submitted to the BIA and a "Mature Contract" status was granted in FY 1993. We have received approval status for a mature contract, however, we are still awaiting the funds necessary to begin this essential program. We are requesting that funds be made available in the amount of $108,720 for the existing mature contrac;: either added or earmarked to BIA Non Recurring Programs, Water Management, Planning, and Pre-Development program, Tribe/Agency base.

Provide Funding for Law and Justice Program (Tribal Courts) $130,000 The Suquamish Tribal Court has a present budget base of $66,027. This budget'is not sufficient to provide the salaries of a part-time public defender, two full-time clerks, one part-time Chief Judge, and one part-time Associate Judge. Court administration, jury costs, employee training, rent and other associated expenses, that are included in this budget item, have not been adequately funded in the past. The Tribal Court is essential to the health and safety of the Tribal community through its administration of justice in the growing number of cases involving juvenile 339

TESTIMONY OF LYLE EMERSON GEORGE MARCH 6, 1997 ON THE FY97 BUDGET REQUESTS FOR BIA AND /HS PAGE4 crime, child support and custody, civil cases, and traffic offenses. The total expenditure to the Tribe was $200,000. This funding request will provide the necessary additional monies needed to operate the Tribal Court.

REGIONAL AND NATIONAL REQUESTS The Suquamish Tribe requests that Congress honors its commitments made to Indian Nations in the Treaties and Agreements negotiated and agreed upon by our ancestral leaders. The Congress should make funding of Tribal Government priorities one of its highest in your appropriations recommendations and support national and regional requests to support initiatives and organizations promoting Self-Governance, Fisheries and Natural Resources enhancement and protection, Tribal Justice programs, Tribal Health Care programs and Education.

Thank you for your support of the Tribal-specific, Regional and National requests identified in this testimony. 340

TmmsDAY, MARcH 6, 1997. INDIAN COUNTRY PROGRAMS WITNESS . RICHARD M. DOYLE, PASSAMAQUODDY TRIBE OF PLEASANT POINT Mr. SKEEN. Passamaquoddy, Lieutenant Governor Richard M. Doyle. Thank you all very much. Have a safe trip home. Mr. GEORGE. Thank you. Mr. SKEEN. Welcome, Governor. Mr. DOYLE. I inadvertently only gave you 18 copies. Here is an additional. two copies of the written testimony. Mr. SKEEN. Oh, all right. We can take care of that. We've got lots of paper around this place. Mr. DOYLE. I just want .to say good afternoon to yourself, Mr. Chairman. Mr. SKEEN. Your presentation will be put in its entirety in the record. So if you'll abstract it, why, we'd appreciate it. So just go ahead. Mr. DOYLE. Thank you, sir. Okay, I'd like to thank you for giving us time this afternoon. I'd like .to try to highlight some of our current issues on the written testimony. Mr. SKEEN. Very good. Very good. Mr. DOYLE. I'm Richard Doyle, lieutenant governor, member of the Passamaquoddy Tribe. The tribe is located near Perry, Maine. We are a proud and strong people that inhabited an area referred to as Downey's Maine for time immemorial. Traditionally, the tribe has survived off the resources of the ocean, land, forests, and lakes, which the Creator has provided for us for our survival. Since the incursion of the European people, our traditional ways of life have been limited, and in some ways stymied, by laws and regulations set by the United States Government. I'm here today to tell you about the needs of our tribe with regards to the Bureau of Indian Affairs funding. It is the contention of my tribe that the Bureau either has not been receiving adequate funding to meet the needs of the tribe or that the Bureau's internal mechanisms have not been considerate of my tribe of those of other tribes east of the Mississippi River. As my tribe's writte~ testimony defines, there is need for additional funding in many areas to re- sponsibly carry out the work agreed to by contract between the tribe and the United States Government via the Department of the Interior, Bureau of Indian Affairs. Increased funding is needed by the Passamaquoddy people to adequately run programs that benefit the tribal elders, whose wisdom and knowledge are important and special to us; the children, who are our future; the tribal police and tribal court, who enforce our laws-with the goal in mind that we would like at some day in the future to be able to have jurisdiction to adjudicate all matters within our Passamaquoddy lands-to educate our children, so that they may be prepared to address the challenges of the future; funding to competently and respectfully manage our natural resources, so as to be in harmony with the Great Mother Earth; to 341 be able to comply with such laws as- the Indian Tribal Welfare Act and the Welfare Reform Act; to be able to provide recreational opportunities that serve as a positive alternative to the currently- rampant abuse of drugs and alcohol on our reservation; to fulfill our various municipal responsibilities such as fire protection, and meet our organizational requirements via the indirect cost pool, which is by statute required to be funded at 100 percent. The indirect cost pool funding is of particular concern to my people due to its history of constantly being underfunded. The under- _ funding of indirect is a cause of tribe hardship since we pay upfront 100 percent of indirect costs two years prior, only to be reimbursed at a later date at a lower level. In effect, the tribe is paying for the privilege to contract with the United States Govern- ment, who has a trust responsibility and contractual obligation to pay these costs. The tribe requests that Indian people be treated equally, such as defense contractors, university, and other government contractors who regularly receive 100 percent of their indirect costs and whose rates are considerably higher than my tribe's. Consider the fact that in the State of Maine we haye a defense contractor named Bath Ironworks who build ship~or the military, and if they were to not be funded on 100 percent of their indirect costs, it would drive them out of business, and you'd have all the Maine delegation down here putting up a fuss about that. But when it happens to an Indian tribe, we don't have the same concerns or the same level of interest. - Currently, my tribe's indirect cost is determined by the Inspector General's office within the Department of the Interior, according to 0MB circulars such as A-87. The Passamaquoddy Tribe is requesting a special appropriation in the amount $1,905,687 to fully compensate our tribe for shortfalls in indirect cost funding in previous years. The attachment to our document, our written testimony, iswe realize that it's not going to be part of the record, but we provide to the committee for clarification of our issue. In closing, the Passamaquoddy people stand ready to fulfill our end of the contracts that we enter into with the United States Gov- ernment, and we ask that the Congress appropriate and allocate sufficient funds to Interior to allow the tribe to perform our contracts in a manner befitting our Passamaquoddy citizens. Mr. SKEEN. And those contracts, what type of contracts are you-- Mr. DOYLE. We're talking about Public Law 93-638 contracts. Mr. SKEEN. What's the product? Mr. DOYLE. It's the Indian Self-Determination Act. Mr. SKEEN. To contract services out. Mr. DOYLE. It's contract-we contract with the Bureau of Indian Affairs to-- Mr. SKEEN. Oh, I see. Mr. DOYLE [continuing]. Provide the services. Mr. SKEEN. Okay, I understand then. Well, thank you very much. We appreciate your being here. Now I'm going to turn this back over to the chairman grande. Thank you, sir. [The information follows:] 342

Passamaquoddy Tribe Pleasant Point Reservation Richard Doyle, Lt. Governor

The Passamaquoddy Tribe at Pleasant Point is requesting of the Department of Interior, Bureau of Indian Affairs; Eastern Area Office and Health and Human Services; Indian Health Services; Nashville Area Office, an increase in its Tribal Priority Allocation funding, funding for programs currently either underfunded or not funded and for a restoration of 100% funding of its negotiated Indirect Cost Rate. The amount requested to adequately fund the BIA Programs is $1,580,000. The total requested through Indian Health Services is $490,000. The total request is $2,070,000. The Indirect Rate requested is funding at 100% of the negotiated amount of the contract amounts. For FY '97, the tribe has been funded at 75% of its negotiated rate and will experience a shortfall of approximately $125,000. The following is a justification and break down of the various programmatic activities and the justification for the funding request

Services to Children, Elderly and Family Services

We are requesting additional funding to this program in the amount of$85,000. This program has been traditionally underfunded. The program is operated with a shortage of staff and equipment necessary to adequately address the mandates of Welfare Reform and TANF, (Temporary Assistance to Needy Families). There is no automated (computerized) system currently in place. Welfare Reform mandates that there be some type of tracking system for recipients in place, so that local as well as state activities can be monitored for individual recipients. The unemployment rate for our reservation is currently 47%. The unemployment rate for the county is over the 10% required for a waiver ofTANF (food stamp) work requirement regulations. Welfare Reform will have wide ranging effects in Indian Country and will impact virtually all systems in place. The burden placed on this and ancillary departments will be phenomenal. While the Tribes will be allowed to run their own programs under the recently enacted Tribal Sovereignty Legislation, the funding available to the states will be approximately 20% - 25% higher than that which the tribes will receive under Welfare Reform. The states also have the luxury ofhavirig monitoring and tracking systems in place that were paid for with federal dollars. The tribes have neither the systems nor the personnel in place to comply with welfare reform. The funding requested will allow the tribe to comply with Welfare Reform.

Other Human Services/I CW A

As a result of compliance with Welfare Reform; this department, which is currently underfunded will require additional funding to adequately address those mandates. The department is requesting $40,000 in additional funding to accomplish this purpose. The additional burden required to address Welfare Reform will mandate the department to provide additional services to the population it currently serves as well as those individuals coming into the system as a result of the newly enacted Welfare Reform legislation.

Community Fire Protection

This department has traditionally been underfunded. While it is a trained on-call volunteer department, it boast having one of the best trained and equipped departments in the area These accomplishments have been largely due to the tribal funding of the department. The department is requesting an additional $45,000 in funding to adequately fund the department. Despite the paucity in funding and the absence of an adequate physical plant, the department has survived and maintained its standards of excellence. The dilemma currently faced is the diminishing tribal dollars that previously funded the activities of the department The department currently receives $40,000 annually from BIA. The additional funding would assure that _the department can continue to provide the services so 343

Passamaquoddy Tribe Pleasant Point Reservation Richard Doyle, Lt. Governor desperately needed by the community.

Public Works/Roads Maintenance/Drainage/Wastewater Treatment

This department receives approximately $14,800 annually from BIA and no funding from Indian Health Services. The total expenditures for this department is approximately $660,000 annually. The 25 CFR directs the Surgeon General and lll-lS to enter into contract with the tribes to fund the activities of Drainage, Wastewater Treatment and related activities. To date requests for funding from IHS have been ignored! At present the tribe is totally funding the activities of this department, however, due to diminishing monetary resources, will no longer be able to continue these activities. The tribe is requesting $450,000 in funding from lll-lS~ IHS and $210,000 from BIA to adequately fund the activities of these departments.

Law Enforcement

This department has traditionally been underfunded. The department receives $148,000 in funding through BIA The tribe supplements this funding by providing an additional$85,000 in tribal monies. This funding, as is all tribal funding, has been diminished significantly over the last several years. This department, which employs a significant number of part-time officers, will also be significantly impacted by Welfare Reform regulations. The additional burden placed on this department will require additional funding. The tribe is requesting an additional $240,000 in BIA funding to adequately fund the department.

Courts

The Tribal Court system has been funded at a part-time level since its inception. This department currently receives a total annual allocation of$114,700 from BIA. With the implementation of Welfare Reform, this system will also be asked to be more responsive to the additional burdens resulting from full implementation of the law. Referrals to the system are expected to increase by 50%. This burden will be realized in the very near future. The court system will play a major role in the success in complying with Welfare Reform. If this system is not responsive to the demands placed on it, then in all probability the compliance with Welfare Reform will be marginal at best

Scholarships/Education/Adult Vocational Training

One of the premises of Welfare Reform is that recipients of assistance will be limited to a finite amount of time for eligibility. During this limited period of benefits, individual recipients will be required to be enrolled in an education and/or training program that will eventually lead to them no longer requiring assistance because they have become g~ully employed and no longer in need of public assistance. The mandates of Welfare Reform will require that every person currently receiving assistance be provided the opportunity for this training and/or education. This system is currently funded through BIA. A VT and Scholarships receive $71,300 and $139,900 respectively. The tribe funds an additional $246,000 annually to pay for the current unmet needs of the departments. The tribe is requesting an additional $250,000 in funding to accomplish the purpose of adequately funding these two programs and comply with Welfare Reforin. 344

Passamaquoddy Tribe Pleasant Point Reservation Richard Doyle, Lt. Governor

Recreation

This department will play a major role in the tribal implementation of Welfare Reform. With individuals, currently participating in some form of public assistance, required to participate in training/educational activities, there will be a necessity to provide child care services to the children of the participants. This department, through its facilities and staff, could provide those services and also provide training opportunities in the fields ofrecreation and child care to participants in tribal training programs. By providing additional funding, to this department, other issues such as drug abuse prevention, delinquency prevention and overall community wellness could also be adequately addressed. This department currently receives $44,290 annually in BIA funding. The tribe is requesting an additional $200,000 in funding to accomplish this purpose. A major component to participants in Welfare Reform training/education programs will be child care. Ifa participant cannot be assured of quality child care that is culturally sensitive their success in training/education programs will certainly be negatively impacted.

Aid To Tribal Government

This department assists the tribal governmental structure in implementing its day to day operations. As regulatory requirements increase, so do the demands on this department. This department receives $61,700 annually in BIA funding. We are requesting an additional $30,000 in BIA . funding to adequately fund this program component.

Agriculture

This department will be targeted to assist in providing training opportunities to individuals participating in the training programs resulting from Welfare Reform. This program could also serve as a local provider, addressing the needs of needy families through the production and distribution of a · number of food crops that could be cultivated and harvested. The tribe is located in a rural county and one of the few vocational opportunities available is within the agricultural field. This department currently receives $25,600 annually from BIA We are requesting an additional $75,000 in funding to adequately fund the program and to develop it into a training system that will assist with the tribe successfully addressing the mandates of Welfare Reform.

Wildlife and Parks/Forestry

These two programs, on an annual basis, receive $42,610 and $103,000 respectively. The Eastern Area Office of the BIA has a disparity in allocation of forestry monies as related to other parts Area Offices. Allocation of funding is based on population rather than need. This is untrue in other Area Offices where funding is based on need rather than population. The base amount required, to equitably fund this project, should be substantially increased. The largest employment in the county is within the forestry industry. By providing additional funding in these areas the tribe would realize a number of benefits. By providing training to participants in the Welfare Reform training arena, the tribe could better comply with WelfaritReform mandates. The tribe could also benefit by better addressing its natural resources and preserving its game and historic areas. The tribe is requesting an

additional $130,000 and $150,0001 in additional funding, for each program respectively, to accomplish these purposes. 345

Passamaquoddy Tribe Pleasant Point Resenation Richard Doyle, Lt. Governor

Elderly Care

The tribe currently does not receive any monies from either BIA or IHS to fund this program component We are requesting an additional $40,000 in funding from l-ll-lS, IHS to fund this component The funding for this program is received through l-ll-lS. However, the funding, received through The Older Americans Act, has been frozen and capped for several years now. The discouraging fact is that as other funding requests are made, the existing allocations per recipient gets smaller, because of the cap on the funding. The increase in requests for a limited funding pool along with inflation and increased costs have practically devastated this funding source for our elders.

Indirect Cost Rate

Each tribe negotiates an indirect rate with the federal government. This indirect rate is based on the percentage of funds required to provide support services to the various contracted programs. This funding provides for the administrative functions of the tribe. For the past several years, the tribe has received only partial funding of its IDC.; 25 U.S.C.; Sec. 450; Title 25; Chapter 14; §450j-ld2 states: "Nothing in this subsection shall be construed to authorize the Secretary to fand less than the fall amount ofneed for indirect costs associated with a self-determination contract. This section is found in 25 CFR Chapter 14- Miscellaneous; Subchapter II - Indian Self Determination. The law requires that Indirect Costs be funded fully. Traditionally the Secretary has asked Congress for less than was adequate to meet the mandates of the law. This is clearly illegal and is in direct opposition to Indian Self-Determination. As any of you leaders know, the quickest and most effective method of destroying or sabotaging any enterprise or activity is to under fund that activity. This is the method that is currently being employed to render tribal governments less than effective. If the funding is not available to adequately provide the activities necessary to establish an efficient and effective administration, then the components administered along with the administration itself is doomed to failure. We are requesting that the Secretary request enough funding from Congress to fulfill the mandates of this law. We are requesting an additional $157,000 in Indirect Cost funds to adequately fund the tribes IDC at 100% of the previously negotiated rate. We are also requesting a special one- time appropriations to fund the IDC that is owed to the tribe for the past several years. Currently, the government is approxim~tely $1,905,687 in arrears in regard to payments of IDC to this tribe alone.

Thank you for your time and consideration in this matter of utmost importance to my people. 346

THURSDAY, MAR.CH 6, 1997. BUREAU OF INDIAN AFFAIRS WITNESS JONES BEGAY, ASSOCIATION OF NAVAJO COMMUNITY CONTROLLED SCHOOL BOARDS Mr. REGULA [presiding]. Okay, where are we, Joe? Mr. SKEEN. We're right at the top of the list there. Mr. REGULA. 3:35. Thanks, Joe. I appreciate it. Mr. MILLER [presiding]. The Association of Navajo Community Controlled School Boards, Jones Begay. Mr. Begay, welcome. Mr. JONES BEGAY. Thank you. Mr. Chairman and committee members, we are testifying for 13 schools. We have an association for members of contract and grant schools on the Navajo reservation. We'll be talking about five issues. The first one is on the student transportation, and we need an increase in this funding which funds our school bus systems. It's on a per-mile basis, but currently it's only $1.60 per mile. To give you an example, let me explain. We run our buses 326 miles a day on unpaved or unimproved roads. They're all dirt roads. At the same time we incur costs on our bus drivers and field costs, and then maintenance and all that, which is higher than-the cost is higher than $1.60 a mile. The other thing, we run into a problem because of the moratorium on increases in the school bus rate charged by GSA which will soon be coming to an end, and we'll get a large increase in these lease rates. Funding for student transportation has never been suf- _ficient all these years, and we have to get some scarce dollars from the funds you supply to fulfill our instructional programs to supplement the student transportation, and we have no choice. We just have to do this. We ask that you specifically increase the BIA budget request for student transportation to a level where we can use the national rate, which is at $2.92 a mile. I'm pretty sure the other schools from the Navajo Nation that were here before to testify on their school agree. , And some of the things we heard is also on administrative cost grants which enables to exercise our self-determination rights guaranteed by Congress. It funds our indirect and administrative costs, and without this funding, the tribal school board wouldn't have funds to properly run their administration responsibilities. BIA has requested $2.5 million for indirect cost grants, but this doesn't mean that individual schools' administrative costs are increasing. Rather, BIA seeks to increase because-requesting those increases because-12 more schools will convert from BIA operation to tribal operations in Fiscal Year 1998-99 school year, and it will come out of the fund that's funded for Fiscal Year 1998 budget request. After that, the coming year, there will be 10 more schools that's going to be converted to tribal operations. We're not sure that the $2.5 million increase is enough to supply the administrative cost grants of the converted schools because BIA's budget does not explain how it was calculated. So we ask 347 that you fund now enough, and please don't wait for us to come back to you and say we still don't have enough funds. Then the other one is the severance costs. When a school converts from BIA to the trial contract operation, there's two fundings. The first one is the school becomes eligible for an annual administrative cost grant, and then the second one is that it incurs a one- time severance cost for Federal employees who worked there. And these severance costs are paid even to former employees that were hired by the tribal school boards. The BIA budget justification does not identify the amount of severance costs that will incur or from which budget category they will be supplied. So the BIA law does not permit these severance costs to be paid from any other funds Congress supplies for school operations. The reason is school funds are intended for program and administrative costs of the schools, not for severance pay for former Federal personnel. And we ask you to include report language that reminds BIA it may not use the ISEF funds, administrative cost grant funds, and student transportation, or any other monies for employee severance pay. On facilities operation and maintenance, the Federal Govern- ment owns the buildings in the BIA school system. This means that Congress and BIA should be as interested as we are in making sure these buildings are maintained properly. Every year, the same thing, we don't get enough funds to provide operation and maintenance of our school buildings. Several years back, BIA was told to develop a formula, and it was done, but we just only received about two-thirds of that funding formula required. When this is happening, we're sacrificing building maintenance. We cannot cut our electric bills or water bill or heating bill, but we pay them in full. And then, at the same time, we need to maintain our boilers and our fire safety, and keeping the buildings clean. And then by doing this, we get very few dollars to do preventative maintenance and minor repairs. We ask that there be an increase in the school facility O&M budget by at least one-third to preserve the investment of the·United States has made in these buildings. And the last one is teacher housing. As I mentioned, I'm from the area school up on the reservation, and we only have trailers up there. They won't last long, and by doing this, we could get qualified teachers up there, because when we interview them, they're always asking the condition in housing and all this. We would be grateful if Congress could establish a small revolvin~ funding program for the housing construction, perhaps $1 to $2 million per year, and this would attract any employee interested in the welfare of the Indian children in the BIA school system. Mr. MILLER. Thank you very much. That's exactly five minutes. Thank you very much for the timing of that. We appreciate it. Mr. JONES BEGAY. Thank you. Mr. MILLER. We certainly appreciate your information. Thank you for coming to Washington for this. Mr. JONES BEGAY. Thank you. [The information follows:] 348

. - . .

AN~SB -~

Testimony of JONES BEGAY, PRESIDENT Association of Navajo Community Controlled School Boards and Navajo Nation Council Delegate to the HOUSE INTERIOR APPROPRIATIONS SUBCOMMITrEE · ·regarding Bureau of Indian Affairs Education Budg~t for FY98

March 6, 1997

Mr. Chairman and Members of the C9mmittee: I appear today on beh~f of the Association of 13 BIA-funded schools .on the Navajo Reservation operated by local tribal school boards under contracts or grants with the BIA. In addition to serving as president of the Association of Navajo • Community Controlled School Boards, I am also a delegate to the Navajo Nati.on Council and am_President of the Black Mesa Community School Board which · operates a small school for 100 Navajo children in a very isolated area of the Navajo_ Reservation in Arizona. ·

I want to address my remarks to the portions of the BIA School Operations budget most in need of your serious attention.

STuDENT TRANsPQRTATION. We need a significant increase in funding for this budget which supplies the funds for operation of our school bus systems. These funds are allocated on a per-mile basis, but the per-mile rate - currently at only $1.60 -- is far, far below the costs we incur.. At Black Mesa, our 100 students are scattered over a large geographic area that requires a daily bus run of just under 500 miles. Our buses run primarily on rm-improved roads. This makes for a very 1ong bus ride in both the morning and afternoon. Our bus driver costs, fuel costs and bus maintenance expenses 8!e_¥ery high--far higher than $1.60 per mile.

Our problems will get worse very soon, as the moratorium on increases in the school bus lease rate charged by GSA will soon end. We expect large increases in these lease rates. · 349

-2-

Funding for student transportation has never been sufficient to meet our costs. This means we must take scarce dollars from the funds you supply for our instructional programs to supplement student transportation. We have no choice. If we cannot bring the children to school, we cannot educate them.

. We ask you to significantly increase the BIA budget request for student transportation to a level that can provide us with the national average per-mile rate for public schools: $2.92 per mile.

ADMINISTRATIVE COST GRANTS. This is the budget that enables tribal school boards to exercise the Indian self-determination rights guaranteed by Congress. It funds our indirect and administrative costs. Without adequate funding in this account, tribal school boards do not have the funds they need to properly run the administrative responsibilities they take on when they decide to operate a school.

BIA asks for an increase of $2.5 million for Administrative Cost Grants. This does not mean that individual schools Administrative Costs are increasing. Rather BIA seeks the increase because 12 more schools will convert from BIA operation to tribal operation in SY98-99, the school year funded by the FY98 budget request. Ten schools will convert to tribal operation in the upcoming school year.

We are not sure that the $2.5 million increase will be sufficient to supply the Administrative Cost Grants of the "converted" schools because the BIA's budget does not explain how it was calculated. If it is not enough, all the existing schools will suffer a reduction in funding. We ask you to find out now if it is enough. Please do not wait for us to come back in two years to tell you it was insufficient.

Severance costs. When a school "converts" from BIA operation to tribal school board operation, two funding events occur: (1) the school becomes eligible for an annual Administrative Cost Grant; and (2) the BIA incurs a one-time severance cost for the federal employees who worked at the school. These severance costs must be paid even if these former federal employees are re-hired by the tribal school board.

The BIA budget justification does not identify the amount of severance costs that will be incurred, nor does it state from which budget category the funds will be supplied. The BIA education law does not permit these severance costs to be paid from any of the funds Congress supplies for School Operations. The reason is, of course, that School Operations funds are intended for program and administrative costs of the schools, not for severance pay for former federal personnel.

We ask you to inclu~e reporj; language that reminds BIA it may not use ISEF funds, Administrative Cost grant funds, student transportation funds or any other School Operations monies fo.r. employee severance pay.

FACILITIES OPERATION AND MAINTENANCE. The federal government owns the buildings in, the -BIA school system. This means that Congress 350

-3- and BIA should be as interested as we are in making sure these buildings are maintained properly. But year after year, insufficient funds are.provided for operation and maintenance of our federally-owned school buildings.

Several years ago Congress ordered BIA to develop a formula for calculating the amount of funding that should be provided for facilities maintenance. For the past several years, we have received only about 2/3 of the amount this formula requires.

When this happens, building maintenance is sacrificed. We cannot cut corners on our electricity bills, or water bills or heating bills. We have to pay these in full. And we must make sure our boilers and fire safety systems are operating properly and that the buildings are kept clean. This leaves vecy few dollars for preventive maintenance and minor repairs. When these do not get done, our buildings deteriorate at a fast rate.

We ask that you increase the school facilities O+M budget by one-third (to $99 million) to preserve the investment the United States has made in these buildings.

TEACHER HOUSING. The final word I want to offer is about the need for decent housing for teachers at reservation schools. At Black Mesa, we have to supply housing for our teachers because there is no private rental housing available. This is the situation at nearly evecy school in the BIA system.

We would be grateful if Congress could establish even a small recurring funding program for employee housing construction - perhaps $1-2 million per year. Without teachers, even the finest school in the BIA system would not be able to do its job. And without housing, we cannot recruit teachers.

Mr. Chairman, I thank you for your interest in the welfare of the Indian children in the BIA school system. 351

TlluRsDAY, MARCH 6, 1997 . .INDIAN PROGRAMS WITNESS RICHARD BAD MOCCASIN, MNI SOSE INTERTRIBAL WATER RIGHTS COALITION, INC. Mr. MILLER. Next we'll have Mr. Richard Bad Moccasin, who is with-I'll let you make sure I pronounce it right. Mr. Moccasin, welcome. Mr. BAD MOCCASIN. Thank you, Mr. Chairman. On behalf of the Mni Sose Water Rights Coalition, the Intertribal Water Coalition, I want to thank you, Mr. Chairman, and the members of the committee, for the opportunity to testify here today. I speak in behalf of the Missouri River Basin tribes on the need for continual financial assistance and congressional support for tribal water resource management and development in the Missouri River Basin. I'm Richard Bad Moccasin, executive director of the Mni Sose Coalition and an enrolled member of the Crow Creek Sioux Tribe. I'll summarize the testimony by just referring to the reason I'm here is to request an appropriation and outlined that on the last page of your document. The Missouri River Basin Tribe is requesting an additional congressional appropriation to the BIA for non-recurring programs, resource management, water management, planning and pre-development of $300,000 in Fiscal Year 1998 for water research and studies in the Missouri River drainage basin. The Missouri River Basin tribes request these funds for use to conduct water resource students and research related to Indian water rights claims in the Bil- lings, Aberdeen, and Anadarko areas. In addition to studies and research, the funding will be utilized in training tribal natural resource personnel and tribal leaders in water resource management. The requested funding will also provide training to Missouri River Indian tribes in the development of water resource management systems. The lack of adequate funding is most severe for smaller tribes, who have yet to establish water resource programs. In a recent assessment conducted by the Mni Sose Water Rights Coalition, it was found that 12 of the 28 Missouri River Basin tribes lacked· water . resource programs to address management, water quality, and watershed protection. The tribes are requesting that the Federal Government respect their trust responsibilities and assist them in the protection, promotion, and development of their precious water resources. Second, the Missouri River Basin tribes request a congressional appropriation to the Bureau of Indian Affairs for central office operations, resource management, water resource of $250,000 in Fis- cal Year 1998 for funding of field operations in the Billings, Aber- deen, and Anadarko areas to assist Missouri River Basin tribes. The BIA does not have the human resources available to fulfill their trust responsibilities to provide technical assistance to tribes in water resource management. The BIA has a mandate to develop and update a 10-year plan for water resources with tribal input. The Missouri River Basin tribes also lack access to water resource information,. technology, and expertise, and request that the

40-073 97 - 12 352 Billings, Aberdeen, and Anadarko areas be provided funds to conduct field operations to provide these services through the Coali- tion. The Technical Services Center operated by Mni Sose will provide the water resource information, current water resources techniques and practices, and expertise by experienced professionals to assist tribes in water resource management and development. The Technical Services Center will serve as the foundation through which the tribal capabilities are developed and enhanced. The center is the infrastructure for the tribes to develop sustainable water management systems and water resource development strategies. I've provided copies as requested, sir. Mr. MILLER. Thank you very much. We'll certainly, when we work through the appropriations process, consider it. Thank you very much. We appreciate your coming before us today. [The information follows:] 353

TESTIMONY TO THE UNITED STATES HOUSE OF REPRESENTATIVES

HOUSE APPROPRIATIONS SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES

MARCH 6, 1997 RICHARD BAD MOCCASIN, EXECUTIVE DIRECTOR MNI SOSE INTERTRIBAL WATER RIGHTS COALITION

On behalf of the Mni Sose Intertribal Water Rights Coalition, I thank you. Mister Chairman and the members of this Committee for the opportunity to provide this testimony. I speak on behalf of the Missouri River Basin tribes on the need for continued financial assistance and Congressional support for tribal water resource management and development in the Missouri River Basin.

I am Richard Bad Moccasin, an enrolled member of the Crow Creek Sioux Tribe of South Dakota and the Executive Director of the Mni Sose Intertribal Water Rights Coalition.

My request today, is that financial support for technical assistance, training and education be provided to·Northem Plains Tribes in the 1998 Fiscal Year. The Missouri River Basin Tribes require water resource research and studies to manage their water· resources for the mutual benefit of tribal members. A lack of access to water resource technologies and expertise has seriously inhibited the management oftnbal eco-systems and resulted in serious community health threats on reservations. The Missouri River Basin Tnoes respectfully request your consideration of these environmental needs to protect the environment and health of the Northern Plains region.

The Missouri River Basin Drainage is home to 28 Indian Nations, 24 of which form the Mni Sose Intertribal Water Rights Coalition. The Tribes manage over 15 million acres of land within the Missouri River Basin. The tribal population of more than 100,000 tribal members is geographically distributed from the headwaters in Montana to the mouth of the Missouri River in Missouri.

The protection and management of tribal water and other natural resources in the Missouri River watershed is one of the most critical priorities confronting the 28 Missouri River Basin Tribal governments and cannot be overstated. The Missouri River and its tnbutaries are an immense natural resource for the tribes and their tribal members. The Missouri River provides drainage to one-sixth of the Nation, and its 530,000 square-mile basin is over 2,300 miles long. There are 28 major reservoirs in the basin, including the third, fourth and fifth largest in the United States. Seven hydropower plants use the river for power generation, while 17 other power plants use the river for cooling purposes. Nearly 4 million people use the river for their water supply. The estimated 5 million recreational visits generated each year by Missouri River fisheries originate more than $175 million in revenues. Although, accruing benefits for the non-Indian population, the Missouri River Basin Tnoes have not reaped the benefits of the river despite historical and legal rights to the water.· 354

Yet. it was the Missouri River Basin Tnbes. who sacrificed a major portion of their homelands during the implementation of the Pick-Sloan plan. They were promised substantial economic benefits. They now request assistance in fulfillment of those promises. The Tribes provided 349,566 acres to the construction of five hydropower dams in the upper Missouri River system. The Missouri River Basin reservation populations are identified by the U.S. Bureau of Census as the most impoverished population area in the nation. Geographical isolation and economic impoverishment in tribal communities are barriers to the Missouri River Tribes to effectively manage their natural resources when almost all available capital is diverted to subsistence of tribal members.

The tribal lands possess needs for water to service the development of these homelands, including water uses to serve critical environmental, religious, and cultural needs as well as to provide for planned domestic, agricultural, municipal and industrial uses. The U.S. Environmental Protection Agency recently reported that Indian communities are "at risk" due to lack of adequate infrastructure to protect their domestic water supplies. The Survey indicated that Indian community water systems have an immediate need for $560 million to safeguard their domestic water systems.

The E.P .A survey found that 40% of American Indian needs are in domestic water transmission and distnbution to rural and isolated communities found on Indian reservations. Treatment of domestic water sources represents 30% of the unmet need for Indian communities, since much of the ground water sources in Indian country are of poor quality. These water supply deficits are compounded by the survey finding that 30% of the Indian population have incomes below the national poverty level.

According to the U.S. F1Sh and Wtldlife agency (1994), industrial organizations, feedlots, and other businesses have been pouring waste materials and contaminants into the Missouri mainstem since 1900. Many of these pollutants, contaminants, and toxic materials have wound their way down the length of the Missouri, all 2,460 miles ofit.

Missouri River Tribes, in a recent Coalition survey, indicated that tribes are in dire need of I) clean drinking water programs, 2) technical knowledge and training in waste management procedures, 3) pollution monitoring and control technology, 4) technical assistance in developing environmental programs, 5) water for irrigation, 6) regulatory environmental controls and administrative capability to implement treatment plans and processes. Over the past quarter-century, environmental quality in our nation has been improved, in some cases dramatically. However, an EPA report, issued in June, 1992, found:

Clear differences among racial groups in terms of disease and death rates.

Minority populations and low-income populations experience higher than average exposures to selected air pollutants, haz.ardous waste facilities, contaminated fish, and farm pesticides in the workplace.

2 355

Native Americans have a unique relationship to the Federal government, with distinct environmental concerns, and many Tribes do not have a regulatory infrastructure that meets • EPA standards, or trained personneL and resources necessary to protect Tribal environments and public health.

According to the EPA Executive Order 12898 (2/94), "Environmental concerns differ.throughout Indian Country, ranging from access to safe drinking water to remediation of hazardous waste." Furthermore, Tnbal environmental priorities are affected by the Tribe's traditional, cultural and religious relationship to the ecosystems in which they live, including subsistence on fish, game and wild vegetation. For these reasons, Native Americans are often exposed to different types, degrees, and causes of environmental risks.

For decades, tribal governmental control, management, utilization and jurisdiction over tribal water resources in the Missouri River Basin has been weakened by inadequate financial resources. Disregard or neglect of tribal legal entitlements to water by state and federal water resource agencies are common occurrences. Inappropriate and ineffective social, economic, organizational and governance mechanisms are employed at the tribal, state, and federal levels.

Tribal leaders are all too aware that Indian Nations must acquire water management technologies, conduct long term planning, and develop tribal governing systems to maintain and - improve water resources on their homelands.

As a result of tnbal evaluations of current water rights issues, water management.needs, 1944 Flood Control Act issues and present revenue sources for tribal governance and management systems, three long-term goals have been identified:

a.) Missouri River Basin tribes must acquire the necessary legal, technical, ·and economic management systems with which to effectively govern the use, management and protection of tribal water resources in the Missouri River Basin;

b.) Missouri River Basin Tribes must actively engage in assessment and long term planning to implement prudent and sustainable water resource management and development systems.

c.) That Missouri River Basin Tnbes will realize the socio-economic benefits of their water resources through the assertion and development of their Indian water rights.

These goals, essential for tnbal self-determination, have been utilized· by the Mni Sose Intertribal Water Rights Coalition to serve as guides to assist Tribes in developing their water resource management capabilities. The long-term goals have been utilized to develop and implement strategies that will produce sustainable homelands for the Missouri River Basin Tribes.

3 356

The Missouri River Basin Tribes request an additional Congressional appropriation to the Bureau of Indian Affairs for Non-Recurring Programs, Resource Management, Water Management, Planning and Pre-Development of $300,000 in Fiscal Year 1998 for water resource research and studies in the Missouri River Drainage Basin.

The Missouri River Basin tribes request these funds for use to conduct water resource studies and research related to Indian water rights claims in the Billings, Aberdeen and Anadarko areas. In addition to studies and research, the funding will be utilized in training tribal natural resource personnel and tribal leaders in water resource management. The requested funding will also provide training to Missouri River Indian Tribes in the development of water resource . management systems. The lack of adequate funding is most severe for smaller Tribes, who have yet to establish water resource programs.

In a recent assessment conducted by the Mni Sose Water Rights Coalition, it was found that 12 of the 28 Missouri Rfver Basin Tribes lacked water resource programs to address management, - water quality and watershed protection. The Tribes are requesting that the Federal Government respect their trust responsibilities and assist them in the protection, promotion and development of their precious water resources.

The Missouri River Basin Tribes request a Congressional appropriation to the Bureau of Indian Affairs for Central Office Operations, Resource Management, Water Resource of $250,000 in Fiscal Year 1998/or funding of.field operations in the Billings, Aberdeen and Anadarko areas to assist Missouri River Basin Tribes. The BIA does not have the human resources available to fulfill their trust responsibility to provide technical assistance to Tribes in . water resource management. The BIA has a mandate to develop and update a ten year plan for water resources with Tribal input. The Missouri River Basin Tribes also lack access to water resource information, technology and expertise and request that the Billings, Aberdeen and Anadarko Areas be provided funds to conduct field operations to provide these services through the Mni Sose Intertribal Water Rights Coalition Technical Services Center. The Technical Services Center will provide water resource information, current water resources techniques and practices and expertise by experienced professionals to assist Tribes in water resource management and development. The Technical Services Center will serve as the foundation through which the tribal capabilities are developed and enhanced. The Center is the infrastructure for the Tribes to develop sustainable water resource management systems and water resource development strategies.

4 357

RICHARDT. BAD MOCCASIN 1417 5TH STREET RAPID CITY, SOUTH DAKOTA 57701 (605) 343-2280

EMPLOYMENT BACKGROUND

August 1994 - Present EXECUTIVE DIRECTOR Mni Sose lntertribal Water Rights Coalition, Inc. Rapid City, South Dakota

April 1993 -April 1994 TRIBAL ADMINISTRATOR, OFFICE OF UNRESOLVED RIGHTS Crow Creek Sioux Tribe Ft. Thompson, South Dakota

1991 -1993 ADMINISTRATOR Center for Research and Cultural Exchange, Institute of American Indian Arts, Santa Fe, New Mexico

1990 - 1991 PROFESSIONAL CONSUL TANT

1989 -1990 PUBLIC AFFAIRS SPECIALIST Aberdeen Area Office, Indian Health Service Aberdeen, South Dakota.

1988-1989 PROFESSIONAL STAFF MEMBER Senate Select Committee On Indian Affairs/Legislative Assistant, Senator Thomas A. Daschle, Washington, DC

1987 - 1988 HEALTH CENTER DIRECTOR Mni Tohe, Indian Health Service New Town, North Dakota

1985-1987 CONGRESSIONAL FELLOW/UNITED STATES SENATE Office of U. S. Senator Daniel K. Inouye, D. Hawaii Washington, DC

1980 -1985 PROGRAM MANAGEMENT OFFICER Aberdeen Area Office, Indian Health Service 358

RICHARD BAD MOCCASIN 2

1975 - 1980 EQUAL EMPLOYMENT OPPORTUNITY OFFICER Aberdeen Area Office, Indian Health Service Aberdeen, South Dakota

EDUCATION

Master's Degree, Public Health Systems Planning and Administration, University of Hawaii.

Bachelor of Science Degree, Secondary Education, Northern State College, Aberdeen, South Dakota. 359

THURSDAY, MARCH 6, 1997. INDIAN PROGRAMS ·WITNESS RUBEN McCLOSKEY, UNITED SIOUX TRIBES OF SOUTH DAKOTA DE- VELOPMENT CORPORATION Mr. MILLER. Next we'll have Mr. Ruben McCloskey and Clarence Skye. You're one person, not two, I can tell. Mr. MCCLOSKEY. Yes, I am. Yes, sir. [Laughter.] I'm happy to be here. I'm .glad that you let me here to testify. Mr. MILLER. Thank you. Mr. MCCLOSKEY. My name is Ruben McCloskey, and I am the employment assistant director for the United Sioux Tribes Develop- ment Corporation in Pierre, South Dakota. My testimony here today ·is for the many I:n:dians that are leaving the reservations and seeking employment in the urban areas. There is a great difficulty for them because they are being cut off of welfare; they're being cut off of general assistance, and there isn't any employment on the reservations in South Dakota that I know of. All we have is tribal programs. The Indian that wants to go to work is coming off the reservation. We've done the statistics, and 30 percent of the ones ·on the reservation are coming into the Rapid City, South Dakota area. We have approximately 17,000 to 20,000 Indians living in Rapid City at this time. Now, out of them, we found out that 3,800 of them are homeless. Now what we do in our office, we see as far as 50 to 150 people a day in our office seeking employment. I have a budget. of $107,000 to work with. Out of that, I take $20,000 and use it for subsistence, and subsistence alone is the only thing I can do, and I'm averaging about a thousand dollars a person, and that is for shelter. only. I would like to give them money for transportation. I would like to help them with their food. I would like to help them with their clothing. But I can't do it. I had to make a choice in the program: where is the most need? And the most need is for them to have housing. And back home, the housing runs from $500 for most of the families, and their deposit is $500, and they have to pay utilities. So it averages. out about $1,000 a person. So right now I could only help twenty of them, and I've already ·helped abotit six, but since we've had the bad weather back up that way, there hasn't been too many, but they're coming in now that the weather is breaking. It's very frustrating. I know across the col.liltry they're talking about welfare reform, and here this program has been doing this for years. We're trying to get, just think, $1,000, I get an Indi~ off of welfare; he goes to work or she goes to work. And it really makes me feel good to see that. And here I understand· that the State welfare spends· thousands and thousands of dollars to get them off of welfare. So I'm here today testifying for them. I need more money to help them with their subsistence. Right now I'm in my new testimony. I'm asking for $100,000 more, and I could use a lot more, but I'm 360 hoping, because of the budget cuts-and I'm very dissatisfied with the Bureau of Indian Affairs. It is their trust responsibility to take care of the Sioux because we signed treaties with them. It is their trust responsibility. I, for one, don't think that the Bureau of In- dian Affairs should be let off the hook. I should think they should stay there, so they can protect us. That's the only protection that we have. I don't know about the other tribes, whether they have treaties with the Bureau of Indian Affairs, but I know back home that the Sioux Tribes don't want the Bureau of Indian Affairs dismantled, although we have certain tribes that do. So I'm asking today-and, for an example, I could use another $20,000 as of today, sir. I could really do that. I could put 20 more to work. They're coming off the reservation. The State has knocked them off of welfare. The Indian is caught between a rock and a hard place back _home because, once he lives off a reservation, they forget about us. We go back home and ask for help, and they say, well, you live off the reservation now. They just barely take care of their own. So we're between a rock and a hard place, the urban Indians. We're trying to make it out there. We're trying to get off of welfare. We're trying to fit in the mainstream of society, pay our taxes. We were always taxpayers. Even when we were on the reservation we paid taxes. And you know that old stigma, that old feeling is, well, you get an Indian and you get a check every month. It's not so. We've always worked for what we got. We want to preserve our rights, and so I'm here asking for an additional $100,000. I could use a lot more. And I think it's the Bu- reau's responsibility. So I hope that this commission in some way can persuade the Bureau of Indian Affairs to give us another $100,000 in my contract, so I can help my people. They need help, and it's frustrating, like I say again, especially the homeless ones, we have a lot of them, and I anticipate more coming off the reservation. They're coming more and more off the reservation. So, again, here today I want to thank you for letting me come here and talk for the-and God only knows how many Indians in the State of South Dakota are homeless. I'm just talking about Rapid City. We've got them in Sioux Falls. We've got them in Aber- deen. We've got them in Water Town. Those are the four bigger cities in South Dakota. And I don't know how many out there are homeless, sir. They're having a rough way to go. And we are the only program that I know of in the country that does this, employment assistance. I am not a training program. I do not train people. We have the JTPA program that takes care of th~t. So I'm really grateful that I could be here. I hope you can be of some assistance, and I'm talking about the grassroots people back home; they need your help. So, again, I want to thank you today. Mr. MILLER. Thank you very much for coming here today. We appreciate your testimony, and we'll certainly look at it and consider it. Thank you. [The information follows:] 361

• Standing Aoclr eCrowCrNk UNITED SIOUX TRIBES • Lowtr Brvll • PIM Ridge OF SOUTH DAKOTA • Fort Totten • ctley9nne • Flandreau eSINeton Development Corporation •AoNbud • Yankton P. 0. Box 1193 • SantN Pierre, SD 57501 Field Offlc:N Abadeea 225-9513 Adminislralion 224-1375 Rapid City 30-1100 Employment Assistance 224-8861 Sloas Falll lll-8090 Appraisals 224-8860 J.T.P.A. 224-8865 Na111ral Re.oon:es 224-886-1

TO: HONORABLE RALPH REGULA. CHAIRMAN SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES

EMPLOYMENT ASSISTANCE - DIRECT EMPLOYMENT TESTIMONY MARCH 08, 1997

I, Ruben McCloskey, Director of the Employment Assistance (EA) Program for the United Sioux Tribes of South Dakota Development Corporation herewith submit this testimony in support of this. corporation's request for EA fimding of$150,0ll.OO, plus $100,000.00 subsistence fimding for a total budget request of $250,0U.OO for ftsca1 year 1998. (see budget) The purpose of the EA program is to help the Indians as they leave their reservation in search of a job of substance in the urban area. Some of these are skilled people who are searching for employment within the area for which they've received education and/or training. The EA program was not designed to train nor educate a person for a particular skill. According to national figures, sixty-four percent (64%) of the Indian population of the United States live in urban areas. This is, of course, due to the reservations' high unemployment rate precipitated by low economic development and minimal employment opportunities. Recent Bureau of Indian Affairs (BIA) cuts in General Assistance have compounded the.problems caused by lack of jobs and available housing on the reservation. Today's Indian is left with little choice but to relocate to urban areas where they search for a job of substance in order to remove their names from the welfare roles. Everyday we receive assistance requests from these new arrivals as they struggle to begin a life in a strange environment. Tribes receive Employment Assistance - Direct Employment funds for tribal members. It is my understanding that the tribes deposit these funds into their Adult Vocational Training CAVO programs which are·administered by their tribal colleges. These colleges help their stqdents only. Tribes maintain that · their obligation for the welfare of a tribal member-becomes nullified when that member leaves the reservation. When an Indian seeks service from the state, they are told they are ineligible for state assistance because the tribes have received funding with which to assist their tribal members. Although they are trying to do the right thing, the urban Indians find themselves caught between the proverbial rock and hard place. When all other resources have 'been denied, these recently urbanized Indians seek assistance from United Sioux Tribes Development Corporation. United Sioux Tribes does not discriminate between reservation and urban Indian. We attempt to·help all who request assistance for basic needs while

United Siom Tribes - 1997 Employment Assistance Testimony 362 they seek and maintain a Job of substance, but our budgeted funding lasts such a short time. This program only helps a client financially for the first · month of employment. . For example, our field office in Rapid City, South Dakota sees from 50 to 120 Indian clients a day. We estimate that 3()0A, of the Indians living on the reservation come to this office seeking employment and other services. There are 17,280 Indians living in Rapid City. According to a swvey done in Rapid City, 3,800 of those Indians are homeless and only God knows how many Indians are homeless in the state of South Dakota. Toe Indian comes to Rapid City hoping to find employment, but Jobs in Rapid City are very scarce. Shelter is another problem that they face. Ho~ing is hard to find, and when they do find a place, the rent is from $350.00 to $600.00 a month and the deposit is the same amount as the rent. Most of the Indians that come into the office don't have the funds to pay for rent, deposits, transportation, gas, food, clothing and counseling. Toe Employment Assistance Program is allowed $20,000 a year for subsistence. We have to make this small amount cover as many clients as we can. To provide them with shelter, we give an average of $1,000.00 per client. This amount will take care of their rent, deposit and utilities. If we were to help them with other services, each client would need to receive at least $2,500.00. From October, 1995 to January, 1997, we received funding requests from 4,000 American Indian people who were seeking employment. We were able to provide subsistence funding to 34 clients, or .85%. Due to lack of funding, we were able to serve feM ibao nne pecceot of those who needed our help. Our request for $100,000 in subsistence. will enable us to raise that average and help many more Indian people secure and maintain meaningful employment. . . When a potential client contacts our office to request assistance, we initially visit with them to determine their needs. We clarify the purpose, objectives, requirements, and limitations of the Employment Assistance Program. We spell out the particular assistance this program can provide, such as help in finding permanent employment, deposit and first month's rent, utility deposit, heating cost assistance, and gas money for transportation to employment site. Eligibility requirements include permanent employment, recent relocation from a reservation. driver's license or authorized picture· identification, tribal enrollment verification, and Social Security card. If the potential client can meet the basic qualifications, they receive an Application Form, Needs Assessment, Statement of Intent, Certification of Employment, and Landlord's Statement to complete and return (see Attachment A). Once all paperwork has been completed, returned, and verified, it is sent to the client's tribe with the request for service through the tribe's EA Programs. Should that tribe notify this office of their decision to deny services to this client, United Sioux Tribes will then provide Employment Assistance services to the client. Assistance checks, payable to both client and provider, are approved and processed. Client service through United Sioux Tribes includes follow-up contacts and completion of required reports (see Attachment B). At the time of their initial request to us, most of our clients are either on state welfare or draw general assistance from the Bureau of Indian Affairs. It is so rewarding to see them when they are ftnally' off welfare. This successful conclusion is possible because of fund~ received ..for the Employment Assistance

United Sioux Tribes - 1997 Employment Assistance Testimony 363

- Direct Employment program. nus program .obviously helps not only the tribes, but the state as well. As previously stated, this corporation's Employment Assistance Program is not a training program, but rather the only program that assists with initial necessities when the Indian seeks employment in urban areas. According to the number of signatures on the attached petitions, there is great support for continuation of the United Sioux Tribes Development Corporation's Employment Assistance Program. We would love to be able to meet the demands, but we don't have the necessary funds. To this end, I am requesting $100,000.00 of subsistence funding for fiscal yearl998. The B.IA. has an obligation to the Indian people through the treaties executed by the United States Government. It is the trust responsibility of the B.IA to insure that each Indian receives those services promised through treaty. This country sends billions of dollars to countries which have no treaty with the U.S. Government. How can this country fail to honor those treaties it has made? Today's urban Indians have the desire; they have the chive. They also have the struggles. We want to prevent their discouragement and resignation to a life on welfare. United Sioux Tribes would like to be here to encourage them in their quest for a successful life in the mainstream society of this great country of ours.

United Sioux Tribes - 1997 Employment As1i1tance 364

THURSDAY, MARCH 6, 1997. TRIBAL COLLEGES WITNESSES GERALD "CARTY" MONETrE, AMERICAN INDIAN IDGHER EDUCATION CONSORTIUM VERONICA GONZALES, AMERICAN INDIAN IDGHER EDUCATION CON- SORTIUM Mr. MILLER. Next we'll have Veronica Gonzales, American Indian Higher Education Consortium. Hello there. Ms. GoNZALES. Actually, we have Dr. Monette. He's the president of our organization. Mr. M0NE'ITE. I'm not Veronica. Mr. MILLER. You don't look like a Veronica; I can tell a Veronica. [Laughter.] Mr. M0NE'ITE. My name is Carty Monette, and I'm the current president of the American Indian Higher Education Consortium. I'm also the president of Turtle Mountain Community College, which is a tribal college. It's located in North Dakota. I have been involved with the tribal college movement almost since its beginning. I became employed at the Turtle Mountain Community College in 1973, and Turtle Mountain Community Col- lege is one of the five charter members of the American Indian Higher Education Consortium. On behalf of the 31 tribal colleges that make up the consortium, I want to thank the subcommittee for allowing me to come and speak to you today and tell you about our needs, and express to you our appreciation for past support, but also I hope to make clear the need for additional support, so we may continue the fine work that the tribal colleges are doing. We request full funding for the Tribally-Controlled College As- sistance Act, which is the legislation that provides operational dollars for the tribal college. We are requesting full funding for that act. We are also requesting this subcommittee to fully support and build upon the President's budget request of the $3 million increase for core operations. This year, for the first time as far back as I can remember, the administration has added some money to the budget for tribal colleges, and we would ask help in trying to maintain that in the budget, but also to go a little further and provide full funding as authorized under the legislation. I mentioned that the consortium was founded in 1972, and I think in your package you have a brochure. The brochure provides a map of the United States and the location of all the tribal colleges, and we serve many of the Indian reservations throughout the country and we serve many Indian people who are not native to the particular reservation where the tribal college is located. The tribal colleges reach out to a broad, broad representation of the Indian population. Some of the institutions are, as I mentioned earlier, 25, 26 years old, and, nevertheless, throughout those years we have struggled, and we continue to struggle. You know, I was interested with the 365 last presentation; the gentleman mentioned welfare reform, and I think in Indian country there are a lot of really good programs that are trying to address people who are on unemployment and people who need work. In that respect, the tribal colleges I think have been doing that since the-very beginning, because that's what we do. We're taking the population of people who traditionally haven't enjoyed the benefits of American society, and in most cases haven't enjoyed a good lifestyle. The typical student at a tribal college is a GED graduate, and that means they haven't completed the traditional route to gain a high school diploma, but they've earned the GED after several years being out of school,· sometimes dropping out in the early years of school. The student is single, has children, is female, and about 31 years old, 30 years old is the· average age, and unemployed, and ~f course there are cultural problems that the students face. There are language problems and problems with living a somewhat ·different culture than mainstream America, and that infiltrates into the classrooms, into the schools. So we're dealing with a really unique population group. I'll throw out this figure, although I somewhat hesitate to do that, but on the American College Testing mean score, ACT mean score, the average test score is 14. That's extremely low. In the State of North Dakota the mean score is 24. Nevertheless, we're taking these students into the institution and we talk about welfare reform, and I believe that the tribal colleges are performing a service in regard to welfare reform. I think as we bring-you know, we talked about the mean score, the ACT mean score; the academic preparation of these individuals requires us to provide a lot of attention to the student, so that they may succeed. We also offer programs to hundreds of individuals, pre-college programs, to prepare them even for the GED. Now this is not a typical function of a college, but we have to do that because of the type of population we serve. So we are reaching down into the tribal communities and trying to nourish these people and build them up to a point where they can participate and enjoy the benefits of post-secondary education. We've been very successful in doing that. The problem that we're having, of course, is the funding is not adequate, and the history of our funding clearly demonstrates that the tribal colleges are doing a good job, but we're doing it with far less money than we actually ought to be getting to run the quality of education that we need to bring to our people. When the Tribal College Act was first authorized about 16 years ago, the authorizers determined that there was a certain level of funding that was necessary to operate community colleges. Well, we've never enjoyed that appropriation. In fact, the first appropriation provided was a little over $2,800 per student.· That was less than half than what the authorizers had determined was necessary to run our tribal colleges. In. the last decade and a half, appropriations per Indian student have ·not increased and never have met the tribal college basic operational cost. After 16 years, the tribal colleges currently receive an estimated $2,861 per ISC. In fact, because of recent funding history for tribal colleges with no increases in the budget to provide basic oper- 366 ational monies, funding has actually dropped by $317 per student. So compared to the original appropriation a decade and a half ago to the current funding that the tribal colleges are receiving, we've actually seen a decrease in funding per Indian student. This, of course, this small amount of money has to be applied to basic operations to keep pace with increasing costs. Of course, we're not even considering inflation in that. That would be a luxury to be able to consider that. At the same time, enrollment has increased by 230 percent. And I have another chart in this document that explains the enrollment patterns of the· tribal colleges. I'd like to go over that just briefly with you. We're looking at 1981 to 1997, and the line here that goes up reflects the increase in enrollment at these institutions. We have two other lines here. This particular line reflects the appropriations from Congress per Indian student, and you can see that from the beginning of the Tribal College Act to the current Fiscal Year, there hasn't been a substantial increase at all. In fact, we've experienced several dips, a little increase, and back to a little less than where we started. The bottom line reflects a loss due to inflation. Mr. MILLER. One thing that's good is your student population is increasing. That's good that you're getting more going to school. That's a positive. It's just that the money doesn't flow into it, I guess. Mr. MONETTE. That's correct. I believe, as again we'll talk about welfare reform, as these Indian people, Indian students, Indian community people, who are currently on welfare, turn to some- where to get off of welfare, they're going to be turning to the tribal colleges. I think we present to them some hope, so that they can gain some needed education and training for employment, and we offer them the opportunity to gain the skills necessary to get off welfare. I think welfare reform is not just now becoming a topic, because the students that we served from the very beginning are the type of people who were on welfare, and our successful students, of course, would have been, had it not been for our institutions. So we really do appreciate any support that you can give to our institutions, and I think we're doing a good job. There ar~ other justifications for-- Mr. MILLER. It's time you bring it to a conclusion because we are running behind, if you don't mind. Mr. MONETTE. Okay. The conclusions, I could just repeat what I've been saying thus far. The point is that we would appreciate more consideration, one, to sustain the money that we have and one to increase us to an appropriate funding level. Our institutions are operating at about half of what the similar State institution would operate under. And I thank you for your time and for listening. Mr. MILLER. Thank you very much, Doctor. I appreciate your coming. [The information follows:] 367

AMERICAN INDIAN HIGHER EDUCATION CONSORTIUM Statement of Dr. Gerald "Carty" Monette, President American Indian Higher Education Consortium and Turtle Mountain Community College, Belcourt, North Dakota Presented to the United States House of Representatives Committee on Appropriations, Subcommittee for Interior and Related Agencies March 6, 1997

L Introduction On behalf of the 31 Tribal Colleges which comprise the American Indian Higher Education Consortium (AIHEC), I thank the Subcommittee for allowing us this opportunity to express our appropriations request and justifications for the 24 tribally-controlled colleges funded under P.L. 95-471, "The Tribally-Controlled Community Colleges Assistance Acx." This program, also known as the "Tribal College Ad," is administered by the U.S. Departmmt of Interior, Bureau of Indian Affairs, Office of Indian Education Programs. AIHEC requests full funding for the Act's authorim:I programs. Tade I is authom.ed at $5,120 per Indian Student Count for operations. With an estimated Indian Student Count of 6815, this opentioml fundina: will total appro:dmately $40 million. Additionally, we request Tide II fundina: at S10 million; Tide m funcfuq: at S2 million for endowments; Tide IV fundina: at S2 million for economic development; S1.8 million under the facilities renovation authority of the law; and 5214,000 for technical assistance. Specifically, we also request this Subcommittee to fully support and build upon the President's Bnqet Request of a S3 million increase for core opentions (Tide I and II). The American Indian HigJter Education Consortium was founded in 1972 by six of the first tribally- controlled community colleges. Today, AIHEC is a cooperatively sponsored effort on the part of 31 member institutions. The Tribal Colleges were chartered by their constituent tribes over the last 25 years to bring greater access to higJter education opportunities to American Indians living on remote reservations. Since their creation, the Tribal Colleges have been addressing the problems and challenges of our welfare system. Throughout their history, Tribal Colleges have provided GED and other college preparatory courses, probably more than any other community colleges in this country. Our mission requires us to help move American Indian people toward self-sufficiency and help make American Indians productive, we-paying members of American society. Fulfilling that obligation will become increasingly difficult as more and more welfare recipients tum to the Tribal Colleges for training and employment opportunities. Tribal Colleges serve 25,000 students each year, offering primarily two-year degrees, with a few colleges now offering four-year and graduate degrees. Together, they represent the most significant and successful development in American Indian education history, promoting achievement among students who may otherwise never know educational success. First, I will provide background information regarding the funding inadequacies with which Tribal Colleges have coped throughout their history. Next, I will provide justifications for Tribal College funding increases and briefly sumrnariz.e recent accomplishments, including the ratification of the Executive Order for Tribal Colleges and Universities. Please note that AIHEC's membership also includes institutions ofhigJter education funded under separate authorities, and AIHEC fully supports their independently submitted Interior Appropriations requests. These include: Haskell Indian Nations University and Southwest Indian Polytechnic Institute; the Institute of American Indian Arts; and United Tribes Technical College. These institutions' appropriations requests are submitted in addition to this statemEllt.

D. Background and Funding Disparities The Tribal College Act provides funding for the operational budgets of one qualifying institution per tribe based on an American Indian enrollment formula. The Act does not provide funding for non-Indian students, although Tribal Colleges serve an increasing number of non-Indian students. Neartr 16 years ago, the Act was authorized at an amount determined to be necessary to operate Tribal Colleges in that year. However, the first Tribal College Act appropriation, in 1981,-provided only $2,831 per ISC, less than halfof tm necessary amount 368

ofnq,port. In 1he last decade and a half, appropriations per Indian Student Cc:ium have not increased and have never m« 1he Tribal Colleges' basic operational costs. Compounding the existing funding disparities is the fac:t that Tribal College airol1mats have increased dramatically: The 24 Tribal Colleges funded under this Ad now serve nearly 20,000 studmts f1YerY year. However, Tribal College Ad appropriations have remained at an inadequate level. In FY97, 16 years after the first appropriation, Tribal Colleges received only an estimated $2,861 per ISC - a gain ofonly $30 8inu 19811 In 1be put three years, ISC fundins bu actually dropped by 5317 per ISC. F11D11inz for Tribal Colle&cs, imaflicient fnm 1be outset, bu failed to keep pace witlt hdlation wliile Indian student enrollmmt bu increued over 230 percent, IIIJlda lea 1be ftlDII cost ofbiper education. The Tribal Colleges' appropriation of$2,861 per stud8lt is dramatically less than the average per student 11M11ue of mainstream two-year colleges which is estimated at $6200 per full time equivalent student. The Carnegie Foundation's 1989 report, Tribal Collepes: Shaping the Future ofNatiye America found that: " ... the challmges these institutions confront cannot be overstated. ...the limited federal support these colleges receive - the backbone of their funding- fails to keep pace with their enrollment growth." Tribal Colleges have survived on a patchwork of smaller, competitive, short-tenn grants that supplement the insufficient Trtles I and Il operational funding. This has never been a stable way of funding Tribal Colleges, and with the general decrease in auxiliary federal funding it is more important tlwl ever that 1be Tribal CoJleKe Act achieve what it wu desiped to do: provide for the opentioml support of Tn],al Collezes- Additionally, due to this inadt,quate funding, Tribal Colleges are now in urgent need of facilities repair and nnovation. Health and safety tw.ards at Tribal Colleges include leaking roofs, asbestos insulation, and crumbling buildinp. Most repairs and refwbishmmts can be done cost effectively by Tribal College students. The facilities renovation provision, requested at $1.8 million (for the institutions combined), would allow Tribal Colleges to begin to address their most urgent facility renovation needs. While maimtrum imtitutiom are able to fall back on a foundation of stable state support, Tn'11al CoDe&es are located on Weral trust territory, and 1be states have no obfi&ation to fund them. They receive little or no funding from the states in which they are located. h is important to note that Tribal Colleges are reliant on the federal government for their operational funding. Tribal Colleges are also inequitably served by state block grants, and are frequently neglected in block grant distribution, as the recently-passed welfare refonn block grants demonstrate. Tribal CoJleKes cannot rely on local tu base revenue. Although Tribes possess the sovereign authority to tax, high reservation poverty rates, the trust status of reservation lands, and the lack of a strong reservation economy diminish the creation of a reservation tax base. Indian pming ii not a 'Viable funding source f'or Tn1tal Collezes. The vast majority of the reservations which Tribal Colleges serve are located in extremely remote and economically disadvantaged areas. Therefore,.gaming has not been a sound source of income for the colleges. In addition, gaming tribes should be held to the same standard as states, which are not required to share their gaming revenue with other states nor are they pmalized for the success of their lotteries or gambling. Tribal Colleaes are a direct result of 1be special relatiombip between American Indian tribes and 1be federal 1ovemment, and they cannot be equated with affirmative action prop-ams. Tribal Colleges are founded and c:cotrolled by their respective American Indian nations, which hold a special legal relationship with the federal government confinned by numerous treaties, Supreme Court decisions, and prior Congressional action. Tribal Colleges serve communities in the most remote areas of our nation. For Tribal College students, both Indian and non-Indian, higher education would otherwise be inaccessible. Tribal Colleges do not discriminate based on race or ethnicity. They are simply, and effectively, removing barriers that have long prevented equal access to higher education for reservation communities. Tribal Collezes need full authorization ftmdina: to pro~de their American Indian students with 1be equal educational opportunity they deserve. m Further Justifications AIHEC recognizes the Congress' goal of achieving a balanced budget, and we applaud this effort. We also reali7.e that the Congress is scrutinizing all federal programs and eliminating ineffective or duplicative programs and services. Within that framework, AIHEC would like to highlight the following justifications for increased funding for Tribal Colleges.

2 369

A. Tribal Colleges prowde acuu ta critical. posaeconduy edacation opportunitiea that would otherwise be out of reach. Most Americari Indian reservations are located in EDdremely remote areas, and their populations are the poorest in our nation. For many American Indian communities, the nearest mainstream institution is several hours away, making attmdance virtually impossible. The cost of attending a mainstream institution is usually prohibitively high, ~ally when tuition, travel, housing, textbooks, and all other expenses are c:onsidered. Unemployment on the reservations served by Tribal Colleges can soar to 86 percent. Fully 98 percent of Tribal College students qualify for need-based federal financial aid. B. Tribal Colleges are nnpanllded in their fttmtion and graduation rates. Due to unique cultural and family traditions, Indian students who leave their homes to attend mainstream institutions have the worst college completion rates in the country. In aintrast, Tribal Colleges understand the needs of Indian students and respond with tribally-specific support services. Indian instructors and achninistrators serve as both mentors and role models. The American Council on Education (ACE) reports that as many as 53 percent of non-Indian students complete their degrees. ACE also reports that American Indians are less than half as likely as the general population to attain four-year degrees. C. Tribal Colleges are prodna111 a new 1eneration ofhi&hly trained American Indian contribaton: teachers, tribal government leaders, engineers, nurses, computer programmers, and other much-needed professionals. Most of these new professionals are the first in their families to attend college. By teaching the job skills most in demand on their reservations, Tribal Colleges are laying a solid foundation for tribal economic growth, with benefits for nearby off-reservaticn communities. Most Tnl,al College p-adaates remain in their tribal communities, contributing their newly-acquired skills and lmowledge where they are most needed. For example, 87 percent of Little Big Hom College (Crow Agmcy, Mootana) graduates have found employment within the Crow Indian Reservation community. D. Tribal College students and famty also contribute to oar nation u a whole, by participating in our national community of researchers, scientists, authors, artists, and teachers. Despite their lack of adequate funding, Tribal Colleges have established centen for raearch and education that are coatn"boting in revolutionary ways. Many Tribal Colleges conduct economic development research, investigate new land uses and encourage tribal entreprE11eurship. Each college has completed a detailed economic development plan that strongly justifies the need for the economic development appropriation (Title IV,) requested in this testimcny. E. Tribal Colleges comply with the strict standards of mainstream accreditation boards, and ofl'er top-quality academic programs. For example, Turtle Mountain Community College, located in Belcourt, North Dakota, was recently granted a ten year accreditation term - the longest term allowed for any higher education institution. h is now not uncommon for accrediting agencies to refer mainstream institutions to Tribal Colleges for assistance with the accreditation process; Tribal College self-studies have been used as models of excellence for non-Indian institutions. F. Tribal Colleges serve u highly etl'ective bridles to mainstream four-year postsecondary institutions. Fully 42 percent of Tribal College students transfer to four-year institutions. Students who transfer from Tribal Colleges are much lMtter prepared for the challmges of mainstream four-year institutions; they are far more likely to complete Bachelor's degree programs than American Indian students who enter as freshmen. G. Tribal Colleges serve as community centen, providing libraries, tribal archives, career centers, economic development centers, public meeting places, c:hild care centers, and a broad range of other vitally-needed facilities. H. Tribal Colleges have become centen for American Indian Jan&aage and cultural research, preservation, and rewtalization. Many Tribal Colleges now serve as tribal archives, and offer courses in tribal history, literature, government, language, kinship, and other aspects of American Indian culture.

W. Other Notable Achievements of the Tribal Colleges: Despite the fact that the Colleges are underfim~ their importance and success cannot be IDlderstated. Their accomplishments are significant and are outlined dtroughout this statement. However, we are especially proud of the most recent achievements: 370

A. 'De Eseadive Order ea Tribal Cellepl • Univeni1ia. After a 20 year effort, Tribal Colleges achieved the President's signing of a Executive Order for Tribal Colleges and Uniwrsities which will msure that . they are not owrlooked in the creation and administration of federal programs. Tbe Tribal Callepl are estremely sntefal for the mpport daat the Memben of du SuhcommittH demonstrmd in UJ1PDI the President ta sip du Order. In par1icular, we dwlk ColllftUDWI Joe Sum for bu leadership in this effort md Conpasmm Kolbe, Netberadt, Yates, Obey, md Didi.I. One of the greatest challmges ainfronting Tribal Colleges today is own:oming the fact that most federal department.s and agencies are unaware of the Tribal Colleges' existmce. The Historically Black Colleges and Universities (HBCUs) and Hispanic- Serving Institutions (HSls) have long btnefited from similar Executive Orders. The federal definitions and criteria for minority postsecondary eligibility inadvertently restricts Tribal College access, because these programs are typically created to serve the two larger c:onstitumcies, the HBCUs and HSis, or the progtamS specifically target four-year institutions. Tribal Colleges have always struggled with insufficient funding, and as enrollments increase and federal budgds are cut, it will be more important than ever for Tribal Colleges to have an equal opportunity to compete in federal postsecooda,y education programs. B. Rdase of the Cllftll&ie Foundation'• Second Report on Tribal CoDeaa. In 1989 the Carnegie Foundation for the Advancemtl1t of Teaching released a special report on the Tribal Colleges entitled, "Tribal Coll•gu: Shaping 1M F11ture ofNatM America." Its release generated significant interest from Congress and it received national attmtion from the higher education amummity. The colleges have since become known as ~underfunded miracles" and are recogniz.ed for their strugle in changing the ecmomic and social landscape of Indian Country. Because of their tl'emElldcMls 8000111plishments and the ongoing interest in the colleges' developmmt, the Foundation will release a second report in May of this year. For the first time in the Carnegie Foundation's history, a follow-up report will be released. We wge the Congress to carefully examine the report's finding,. y. President's Budget Rgum ror FY98 The President's Budget Request reflects a $3 million increase for the operational grants fimded under Titles I and Il of this Ad.. A1thousJi we are very appreciative for this increase reque.,t and acknowledge that it will be helpful to the 24 institutions funded under this Act, it reflects only a beginning to what must be a sustained c:ommitmmt. The sross funding disparities described above have caused ccnsiderable hardship on the colleges. Only what full funding is appropriated will equal educational opportunities for American Indian peoples exist, giving the Tribal Colleges the opportunity to thrive and ensure that the quality of their educational services, which they have struggled so hard to achieve, are not compromised. YL Conchyion In light of the justifications presented in this testimony and the ewn further enrollment increases that will result from welfare reform, we urge the Subcommittee to increase funding for Tribal Colleges. Fulfillment of AIHEC's FY 98 request will strensdJm the mission of these colleges and the enormous, positive impact they have on their respective communities and will help msure that they are able to properly educate and prepare thousands of American Indians for the workforce of the 21st century. Without the Tribal Colleges to serve as the means for moving from welfare to work, much of the refonn accomplished by the Congress will fail throushout Indian Country. As demonstrated in this testimony, Tribal Colleges have been extremely responsible with the federal support they have receiwd in the last 16 years. his important that the federal government now capitaliz.e on its investmmt. These institutions have prown themselves as a sound federal investmmt, maximizing their limited funds to "open doors of opportunity to the coming generations and help Native American communities bring ·together-a cohesive socidy, one that draws inspiration from the past in order to shape a creative, inspired vision of the future." ITribal Colle,mr Shaping the Future ofNatiye America, Carnegie Foundation). Thank you again for this opportunity to present our request before this Subcommittee. We respectfully ask the Members of this Subcommittee for their continued support and full consideration of our FY 98 ~rop~~n,quest. .

4 371

TmmsDAY, MARcH 6, 1997. DOIPROGRAMS WITNESSES JIM SHORE, SEMINOLE TRIBE OF FLORIDA AGNES B. MOTLOEE, SEMINOLE TRIBE OF FLORIDA Mr. MILLER. We will have James Billie, who's a Floridan, the Seminole Tribe of Florida. I am from Sarasota/Bradenton in Flor- ida. Mr. SHORE. Yes, we know that very well. Thank you, Mr. Chairman. Mr. MILLER. Thank you for coming today. You're going back to weather back home. Mr. SHORE. Yes, I think we're going to get out of here in the nick of time. We're going to head out tomorrow morning. I hear it's 85 degrees back in Hollywood. Mr. MILLER. Is that right? [Laugh~r.] Mr. SHORE. Go from 20 to 85. Mr. MILLER. It was nicer last weekend. Mr. SHORE. Thank you for giving us an opportunity to appear on behalf of the Seminole Tribe of Florida. Chairman James Billie took ill and could not make it today. Mr. MILLER. Oh, Pm sorry. Mr. SHORE. My name is Jim Shore. I am the general counsel for the Seminole Tribe of Florida, and with me is Agnes Motloee, my administrative assistant. And we are asking for $1.2 million from the Department of the Interior to implement our Everglades restoration plan. The written statement that we have submitted for the record details our request, but I want to make a couple of general comments. The Everglades is a special place for the Seminole Tribe of Flor- ida. If it was not for the Everglades-I mean, the Everglades provided a place of refuge for the Seminoles during the Seminole and United States conflict of earlier times, and if it was not for the Ev- erglades, the Seminole Tribe may not be around today. So we have developed what we call Everglades restoration plan, and it is designed to preserve the natural resources of the Everglades and the livelihood of the Seminole farmers and ranchers, and we think these two goals can be accomplished, but we will need the cooperation and assistance from the Federal and the State government. And, in addition, the trend of Federal funding of Indian programs is at an alarming rate of decline. The Indian Health Service only provides 45 percent of Seminoles' medical needs, and the Sem- inole Tribe provides at least 75 percent of all of our Indian programs from early childhood to adult education. We're doing the best we can from the revenues generated from our gaming activities, but the basic needs for governmental services still remain. However, in that context, we urge Congress to find some ways of increasing the Federal funding for the Fiscal Year 1998, particularly the Tribal Allocation Program. And, with that, I want to thank the committee for hearing our request for funding the Everglades restoration plan and our gen- 372 eral concerns on Indian programs. Again, thank you for allowing us to be here today. Mr. MILLER. Thank you very much for coming. We appreciate it. Mr. SHORE. Thank you. [The information follows:] 373

Seminole Tribe· of Florida

Statement of James E. Billie, Chairman of the Seminole Tribe of Florida for the House Appropriations Committee Subcommittee on the Interior

March 6, 1997

The Seminole Tribe of Florida is ·pleased to submit this statement regarding the Tribe's Fiscal Year 1998 request for $1.21 million from programs in the Department of Interior. The Tribe asks: • that Congress provide $840,000 from the National Park Service, Everglades research budget for the Seminole Tribe for activities related to the Everglades Restoration Initiative on the Big Cypress Reservation: .

• that Congress provide $199,500 from the Bureau of Indian Affairs for water ·quality studies, as a part of the Tribe's Everglades restoration efforts for; and • that Congress provide an additional $173,000 from the Bureau of Indian Affairs for the design and construction of the best management practices on the Big Cypress Reservation. The Tribe's Everglades Restoration Initiative is a $63 million project to construct a comprehensive water conservation system. This project is designed to improve the water quality and natural hydropatterns in the Big Cypress Basin. This project will contribute to the overall success of both the federal and the state governments' multi-agency effort to preserve and restore the delicate ecosystem of the Florida Everglades.-· In recognition of this contribution, the Seminole Tribe's Restoration Initiative has been endorsed by the South Florida Ecosystem Restoration Task Force (see attachment) and has been found to be consistent with. the recommendations of the Governor's Commission for a Sustainable South Florida. The Seminole Tribe of Florida

The Seminole Tribe lives in the Florida Everglades. The Big Cypress Reservation is located in the western basins, directly north of the Big Cypress National Preserve. The Everglades provide many Seminole Tribal members with their livelihood. Our traditional Seminole cultural, religious, and recreational activities, as well as comme_rcial endeavors, are dependent on an healthy Everglades ecosystem. In fact. the Tribe's identity is so closely linked to the land that Tribal members believe that if the land dies, so will the Tribe.

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During the Seminole Wars of the 19th Centwy, our Tribe found protection in the hostile Everglades. But for this harsh environment filled with sawgrass and· alligators, the Seminole Tribe of Florida would not exist today. Once in the Everglades, we learned how to use the natural system for support without harm to the environment that sustained us. For example, our native dwelling, the chickee, is made of cypress logs and palmetto fronds and protects its inhabitants from the sun and rain, while allowing maximum circulation for cooling. When a chickee has outlived its useful life, the cypress and palmetto return to nourish the soil.

. In response to social challenges within the Tribe, we looked to our Tribal elders for guidance. Our elders taught us to look to the land, for when the land was ill, the Tribe would soon be ill as well. When we looked at the land, we saw the Everglade~ in decline and recognized that we had to mitigate the impacts of man on this natural system. At the same time, we acknowledged that this land must sustain our people, and thereby our culture. The clear message we heard from our elders and the land was that we must design a way of life to preserve the land and the Tribe. Tribal members must be able to work and sustain themselves. We need to protect the land and the animals, but we must also protect our Tribal farmers and ranchers. Recognizing the needs of our land and our people, the Tribe, along with our consultants, designed a plan to mitigate the harm to the land and water systems within the Reservation while ensuring a sustainable future for the Seminole Tribe of Florida. The restoration plan will allow Tribal members to continue their farming and ranching-activities while improving water quality and restoring natural hydroperiod to large portions of the native lands on the Reservation and ultimately, positively effecting the Big Cypress National Preserve and Everglades National Park.

The Seminole Tribe's project addresses the environmental degradation wrought by decades of federal flood control construction and polluted urban and agricultural runoff. The interrupted sheet flow and hydroperiod have stressed native species and encouraged the spread of exotic species. Nutrient- laden runoff has supported the rapid spread of cattails, which choke out the periphyton algae mat and sawgrass necessary for the success of the wet/ dry cycle that supports the wildlife of the Everglades. The Seminole Everglades Restoration project was designed to allow the Tribe to sustain ourselves while reducing impacts on the Everglades. The Seminole Tribe is committed to improving the water quality and flows on the Big Cypress Reservation. We have already committed significant resources to the design of this project and to our water quality data collection and monitoring system. We are willing to continue our efforts and to commit more resources, for our cultural survival is at stake.

In addition to addressing the ecosystem concerns related to the Big Cypress Reservation, the Tribe has been actl,vely involved in the development of the ecosystem-wide restoration plan. The Tribe, as an active member of both the Governor's Commission for a Sustainable South Florida and the South Florida Ecosystem Restoration Task Force arld Working Group, has worked cooperatively with our neighbors to design a sustainable future for all of South Florida. 375

Seminole Tribe Everglades Restoration Initiative

The Department of Interior, through the BIA, has provided the Tribe with about $200,000 in each of the Fiscal Years 1994 through 1997. In addition, through the NPS, Interior provided the Tribe with $390,000 in FY 1997. The Tribe has used these funds to monitor and analyze the quality and quantity of water coming onto and leaving the Reservation. The Tribe has also developed a conceptual plan that will enable us to meet new water quality standards essential to the cleanup of our part of the Everglades ecosystem and to plan for the storage and conveyance of our water rights. The appropriated funds have also been used to 'design the Tribe's best management practices program, with the assistance of the Department of J\griculture's Natural Resources Conservation Service. We continue to use available funds to further the design and planning work necessruy to implement our Everglades Restoration Initiative.

The Tribe's Everglades Restoration Initiative is designed to mitigate the degradation the Everglades has suffered through decades of flood control projects and urban and agricultural use and ultimately to restore the nation's largest wetlands to a healthy state. Our Everglades Restoration Initiative will enable the Tribe: -

, • to collect and monitor data to establish a baseline and to .evaluate performance of the overall system design; .

• to design and construct surface water management systems to remove phosphorus, convey and store irrigation water, improve flood control, and rehydrate the Big Cypress National Preserve:

• to commit to the long-term operation and maintenance of new water management systems; and

• to design and implement comprehensive best management practices for the Big Cypress Reservation.

The Initiative will cost approximately $63,427,496. This project will enable the Tribe to meet the numeric target for phosphorus concentration that is being used for design purposes by state and federal authorities. It will also provide an important public benefit: a new system to convey excess water from the western basins to the Big Cypress National Preserve, where water is vitally needed for rehydration and restoration of lands within the Preserve. In addition, a portion of the Tribe's project has been nominated as a "'critical project," under Section 528(b)(3) of the Water Resources Development Act of 1996 (WRDA 96). This authority allows the Corps of Engineers (COE) to begin construction of a number of Everglades restoration projects on a fast track. On the basis of consensus agreements reached at a series of meetings, the Tribe's critical project is expected to be funded. The planning and design funding requested in this testimony is crucial because the funds will allow the Tribe to continue to move the critical project portion of the Initiative along in order to meet the Congressional deadline. 376

Conclusion Improving the water quality of the basins feeding into the Big Cypress National Preserve and the Everglades National Park is vital to restorlng the Everglades for future generations. By granting this appropriation request, the federal government will be taking a substantive step towards improving the quality of the surface water that flows over the Big Cypress Reservation and on into the delicate Everglades ecosystem. Such responsible action with regard to the Big Cypress Reservation, which is federal land held in trust for the Tribe, will send a clear message that the federal government committed to Everglades restoration. ·

The Seminole Tribe is ready, willing, and abre to begin work immediately. Doing so will require substantial commitments from the Tribe, including the dedication of over 9,000 acres of land for water management improvements. However, if the Tribe is to move forward with its contribution to the restoration of the South Florida ecosystem, a substantially higher level of federal financial assistance will be needed as well. ·

The Tribe has demonstrated its economic commitment to the Everglades Restoration effort; the Tribe is asking the federal government to participate in that effort.also. This benefits not just The Seminole Tribe, but all Floridians who depend on a reliable supply of clean, fresh water flowing out of the Everglades, and all Americans whose lives are enriched by this unique national treasure. In closing, I must also urge you to give careful consideration to increasing the funding set-aside for Tribal Priority Allocation (TPA) accounts. The BIA budget has already absorbed a disproportionate share of the cuts which Congress has made to discretionary funding. TPAs, of all categories within BIA accounts, most directly boost tribal economies by providing direct funding to tribal priority infrastructure, health, and education needs. With growing populations and annual inflation, even "holding the line" on TPAs amounts to a reduction in funding. Although the federal government is working through tight budget times, I urge you not to try to balance the federal deficit on the backs of the Tribes. The federal government has a trust responsibility to the Tribes. Severe cuts to the BIA budget, and to TPAs specifically, violate that trust responsibility. All Tribes, including the Seminole Tribe of Florida, are struggling with increasing needs and decreasing funding. For the sake of our children and the survival of Tribal culture, I urge you to fund fully the TPAs. .

I appreciate the opportunity to present my views to this Subcommittee and would be happy to provid~ additional information upon request. 377

TmmsDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS WITNESSES EARL HAVATONE, HUALAPAI TRIBE MONZA HONGA, HUALAPAI TRIBE Mr. MILLER. Mr. Earl Havatone. Welcome. Mr. HAVATONE. Thank you. Mr. MILLER. The weather is not as nice here today, either. It's a little windy and cold out there. Mr. HAVATONE. Mr. Monza Honga is here with me also. Mr. Chairman, and members of the subcommittee, my name is Earl Havatone, chairman of the Hualapai Tribe. Our reservation is located in northwestern Arizona, 1 million acres on the rim above the Grand Canyon, adjacent to Grand Canyon National Park. I am here today to share with you the needs of my tribe, for which we are asking $13,000,322 from the Department of the Inte- rior budget. Your past support has made it possible for the Hualapai Tribe to create-and implement-an aggressive, integrated tribal management process. As a result, the Hualapai Tribe today is far more progressive. in delivering social services to our people. With the help you have given us, we have trained an impressive number of our young people in recent years. Our goal is sustainable community. The first concern is our people, especially our children, who are our future. Modern health care facilities and programs for the Hualapai are virtually nonexistent. We are asking today for your help in providing emergency health services: funding for medical screening and health maintenance for our children, and assistance in mental health programs. We are asking for funding for the environmental services that support the quality of life on the Hualapai reservation. It should be obvious to you, though, that our community's infrastructure still fails to serve the fundamental needs of our people in other ways. We are asking today for additional housing money, for a simple, one-time-only project that would provide our only community, Peach Springs, with an emergency back-up drinking water system, and for assistance in certain programs that would greatly improve the quality of life in that community: structural fire-fighting capability; welfare assistance, including vocational skills training; educational and youth and elderly programs, and help in law enforcement. Mr. Chairman, what resources we have we manage well. We manage for the future, as well as for current needs. First and foremost, we actively protect and honor our cultural resources. Our lands and waters are our economic core. We ask that you once ~gain help us in moving forward with the training of our young people to manage these lands and the funding of programs to utilize these vast resources for the good of all of our people. We have asked for substantial funding for forestry, for wildlife, fisheries and parks programs, and for establishing water rights and utilizing the water we can harness now. 378 The Hualapai do not wish to perpetually depend upon Congress and the Federal agencies for the tribe's well-being. We have demonstrated to this subcommittee over time that we have the human and natural resources to achieve a self-supporting, economically and environmentally-sustainable nation within the bounds of our reservation. You have helped us, and, in turn, we have taken important successful steps toward self-determination. Our objectives are realistic, and with your help, these objectives will be reached. In behalf of the Hualapai Tribe, Mr. Chairman, I want to say thank you for the time you have allowed us today. Thank you. Mr. MILLER. Thank you very much. Thank you for coming here today. [The information foll~ws:] 379

HUALAPAI TRIBAL COUNCIL P.O. - 1711 • PEAat SPRINGS, ARIZONA 1111434-• 802 789-2218

1'hC' GrNt ~plrll t'rf'alf'd \lnn and Woman an b1o; O\.\n 11nal?,1•. In ctolni '"· both wt-rl' rn•,ilt"d ti!! Pqu.at,;., Roth dt"- prndini; on e,:.irh othn in ordf'r tn "Ur\ u ~- (:rC'M rr,,.prct ,-.•i,q ~h,nul rnr ('nd, 1,thN, tn doing '-O h-t111nnt!t~ 1-1nd luntentmenl \H1:.arlunl'-dlhi:n.11'illsltould TESTIMONY OF THE HUALAPAI TRIBE OF ARIZONA b('tUJ\I BEFORE THE SUBCOMMITIEE ON INTERIOR AND RELATED AGENCIES Tht" 1•t~nnPrllni:t (If th"' lln1r mnkr!( lht'm """ ttnc.nri· for HOUSE COMMITIEE ON APPROPRIATIONS hap1un.,...,,. o, t·ot11f•ntmenl l'nn !IOI b,r ochll"H'-0 "mrnut NH'~ TRIBAL APPROPRIATIONS FOR FISCAL YEAR 1998 othf'r PRESENTED BY EARL HAVATONE, CHAIRMAN Th,· (~l\:'lln!I, nrr l't'Jlr-"utNl HUALAPAI TRIBAL COUNCll., h\ !he- purJ!lt>-. in lhr middle> l!l'OUl\ff, \\!Jl'n' th<" prop(" \H'H' THURSDAY,MARCH6, 1997 rr t>:Jl1 d I hf'~" can~<•U"' arr •-...it>r,e1i.,wdshn1.11dht•\olre.1ted WASHINGTON, D.C • .ti 1111 limt",

Th,• J{hrn.)t1uo 1.. plC'turrnh, lht' dnwn of th,: llu~lnpat pMJplt" ThrouJ!h honl ,1u1k, d(!t,•rm111all<1n and P--do- t·ntl,m, iP,n,,thin~ l<. pru;i,i.blr On behalf of the Hualapai Tribe, I appreciate the opportunity to share our need for ,rnd "f atf' a,;.i-urcrt hiJ:!l(t

Tllt' 1r.i('~

The Hualapai do not wish to perpetually depend upon Congress and the federal agencies for the Tribe's well-being. Toward that end, we have noted in our request for assistance the funding areas that require only a single appropriation from Congress (Except for two areas under Wildlife Fisheries & Parks, which are left within that general topic area among other recurring requests). Other programs that will need further help from Congress in the years ahead are listed separately.

Our aim overall is to seek assistance that allows the Hualapai to further develop the Tribe's economic independence, based on a sustainable community, and with specialized programs. In each case, we are seeking to fund programs that will significantly raise the quality of health and welfare on our reservation, a worthy goal for the Hualapai and for Coilg[eM. According to recent articles in the Seattle Times, nearly one-third of all American Indians are under the age of 15, and only half of adult Indian .populations_ have high school diplomas. The rate of unemployment on many reservations exceeds 70 percent and Indians have the lowest life expectancy of any ethnic group in the United States. Our people live only two-thirds as long as the rest of the population.

Through the years, Congress has responded to our needs, but that generosity bas still been insufficient to meet our needs. All of our requests for assistance relate to the economic, social and cultural well- being of the Hualapai - the foundation for our independence. As we look to the future we see a fine balance between economic growth and environmental concerns.· In our way of life, our IanJ is sacred; she is our Mother. We are here today to ask Congress to join with us to assist the Hualapai in developing and· preserving our homelands through a sustainable community. This is· reflected in the funding we request for specific programs within the Tn'be's governing organizations.

Programs for which we are seeking one-time funding assistance are;

,-BIA Roads Maintenance and Repair: $970,200 to upgrade more than 300 miles of reservation roads. Of the total, $250,200 is for operations and maintenance; $720,000 is sought to replace antiquated equipment that is beyond repair.

BIA.En~nmental Trust Resources: $150,000 to fund reconstruction of a domestic water line that · is soldered with lead. This water line would provide the only permanent alternative emergency source . for drinking water for the .town of Peach Springs where all Tribal members except ranchers reside.

- Agriculture: .$750,000 to install a solar-powered water pipeline to alleviate the current drought situation; maintenance and repair of a 52-mile pipeline and refurbishment of existing storage tanks; .restoration of228 miles of boundary fencing and reconstruction of stockyards.

·Ambnlatory Care Clinic: $2,500,000. The Hualapai Tribe needs to construct a health care facility that includes equipment, staff and logistical support. The CDBG/HUD funds are currently available but fall below the level required by the Tribe.

Programs where the Tribe is seeking continuing support are:

BIA Housing lmpro11ement Program: $262,500 to construct new homes, repair and renovate existing homes under the HUD Competitive Grant program.

2 381

BIA Indian Child Welfare Act Program: $300,000 for the employment of a legal advocate to provide logistical support to protect our children; a juvenile officer; a temporary emergency shelter, and continued training services to curb domestic violence.

Johnson-O'Malley: $80,000 to support educational services, incentive programs, educational community projects and youth programs.

BIA Human Services Program: $250,000 to create infrastructure to assist the Tnbe in meeting the President's mandate to implement a comprehensive welfare reform program. This effort will aggressively assist Tribal members in reducing their dependence on welfare while providing incentives and bonuses for the development of marketable skills. Our success will foster social, economic and spiritual well-being throughout the Tnbe.

Head Start: $349,088 to provide early-childhood instructional education, medical screening and health maintenance for our most valuable resource, our children.

Elderly Program: (Title m & XX): $400,000 to provide hostel services for the elderly, cultural activities and a congregate food program.

Comprehensive Health Program: $352,529 to fund three contracts -- Alcohol, Community Health Nurse, and Mental Health Programs. The costs of treatment for high rates of diabetes and increased kidney dialysis are also covered under this program.

IHS Emergency Medical Services: $370,436 for 24-hour, seven-day-a-week medical services for the community.

Women, Infant & Children (WIC): $35,007 to provide for an infant nutritional program and other medical aid.

Family Violence: $29,072 to provide protective services to abused women and children who are placed in shelters and safe houses.

BIA St111cture Fire Program: $26,500 to implement a program that has been retroceded to BIA operations due to inadequate funding.

Selected BIA Consolidated Tribal Government Prognms (CTGP): $900,000 to fund existing programs in higher education, human services, operation oftnbal courts and aduh vocational training.

Natunl Resource1 Department: $1,000,000 to integrate all management, administration and reservation services. The department needs to build an "Earthship Complex Facility" to integrate the offices and staff of Agriculture, Cuhural Resources, Forestry, Environmental Services, Water Resources, Wildlife, Fisheries and Parks and Environmental Protection programs. The staff and administrators of these programs coordinate and cooperate with more than 25 federal, state, local and private orgaoi7.atioos to meet Tribal needs and to market skills and services to non-Tribal clients.

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Water Resources: $600,000 to acquire water rights for the Hwilapai Tnbe through the resolution of the Tribe's northern border, extensive studies to determine quantity and quality of the Tnbe's water resources and the establishment of claims.

Cultural Resources: $250,000 to construct a facility to house an expanding Cultural Resource Department and the materials being recovered under the Native American Graves Protection and Repatriation Act of 1990. The cultural staff has now processed 110 NAGPRA inquires.

WDdlife, Fisheries and Parks: $2,000,000 for management and protection of one million acres on the rim of the Grand Canyon. The projected FY 98 budget is $2.0 million, which is not likely to be funded within the BIA's FY 98 allocations. The amount we are requesting translates to a federal trust investment of merely $2.00 per-acre, which would allow the Tnbe to extend and enhance recreational opportunities and visitor services consistent with goals set by Grand Canyon National Park. Funds needed to supplement available resources are: · -Native Fish Rearing Facility Construction: $750,000 (one-time request) -Biological Survey and Training Education: $400,000 (one-time request) --Peach Springs Canyon Recreation Facilities: $250,000 (one-time request) --Base Program/W'ddlife, Fisheries and Parks: $600,000 (ongoing program)

Forestry: $675,000 for resource management activities to be undertaken as directed by the Hualapai Tnbe Forest Management plan, completed in 1996. That plan descnbes all forestry activities and an annual budget, as follows: --Timber sale preparation and preservation: $375,000 -Management plans and inventories: $125,000 --Forest development plan $175,000

Additional Forestry: In addition,· the Tribe requests $500,000 through the Tnbal Priority System for timber sale and management plan programs in the coming year.

Environmental Services & Environmental Protection: $250,000 to eliminate the Tribe's staggering backlog ofNEPA compliance documents and to begin work to mitigate environmental problems on the reservation.

The Hualapai Tribe is very proud of the extraordinary progress it has made in less than a decade with what amounts to a relatively modest federal trust investment. In the past year we have constructed the following: a· Dialysis Center, Multi-Purpose Building, Firehouse/EMT Building, Self-sufficient Earthship, and a 60-room hotel We are confident and dedicated to the goal that a small Tribe, surrounded as we are by bountiful natural resources, can achieve the goal of Self-Determination. Our objective will be reached with your much needed assistance. We appreciate the time and ·attention you have given my testimony today on behalf of the Hualapai Nation. Thank you.

4 383

THlmsDAY, MARCH 6, 1997. INDIAN PROGRAMS WITNESS A. BRIAN WALLACE, WASHOE TRIBE OF NEVADA AND CALIFORNIA Mr. MILLER. Mr. Brian Wallace. Mr. WALLACE. Good afternoon, Mr. Chairman. Mr. MILLER. Good afternoon. Mr. WALLACE. How are you? Mr. MILLER. Good. Mr. WALLACE. First of all, on behalf of the members of the Washoe Tribe, I would certainly like to thank you for all the cour- tesies the committee has extended to us in the past and this year. We really look at this as an opportunity. I think for the benefit of the committee, I won't go in detail through our written submission; I'll just highlight. I wanted to talk a little bit about some of our efforts to provide needed substance abuse and adolescent mental health services to not only our population, but to the greater Native population in western Nevada and eastern California, and also to bring greetings from Lake Tahoe, which is our ancestral homeland. · What I've outlined is basically the introductory facts as to our current situation as a tribe, being in two States and having to work with five or six different county governments in subject matter jurisdictional issues, most particularly in the area of law enforcement; most recently, some of the work that we're doing with the attorney general in the State of California who has actually seen clear to submit to the legislature a special legislative initiative to codify in State statute the recognition of subject matter criminal jurisdiction of the tribe in that part of California, which I think will go a long ways in normalizing our relations and in the field more effective law enforcement efforts on behalf of the State, county, and the tribe. So that's something that is very affirmative. We do discuss in the testimony tribal courts, higher education _scholarship needs, and then in the area of social services-and if I can concentrate on that, back in 1987 this committee authorized the establishment of regional treatment centers to provide needed substance abuse _and after-care services in a residential modality for Indian children in Nevada. Actually, at that time there was a larger facility in Arizona. In 1992, I think the committee actually appropriated money for the engineering design of a facility which has yet to arrive. There was a .couple of attempts made to establish this in western Nevada, and then in 1995 the tribes of Nevada passed resolutions and also the tribes in the Phoenix area, supporting that this facility be established as part of our overall family wellness effort there on the Washoe reservation. We were heavily involved in adolescent mental health at the time, and we still are, and, unfortunately, there's growing demand for these services. Where we're at right now is that we've been working to try to convince the Indian Health Service to reprogram these monies, and rather than get involved in an extensive design and engineering and construction process, which there's already limited resources for that type of effort, to allow us to reprogram that money and

40-073 97 - 13 384 c9uple it with our existing adolescent mental health mission to provide these needed services. And the closing days of the 104th Con- gress, the Indian Health Service, Dr. Trujillo and the area director, made a commitment to you, like you and I at this table, that if we were successful in the Senate to get support for offering a floor amendment to the Conference Report at that time, that they would concur. Well, we did our work over the weekend, and we brought it to that point, and when the Senate called the Indian Health Service, they declined to support the effort. So we don't have a lot of confidence, or we're not inspired with a lot of confidence, in working with the area right now. Really what we're here to get your guidance on is how we can enshrine in conference some statutory language, direction of reprogramming these resources, because we've offered one of our facilities to give to this project, so we don't have to get into a very expensive capital construction process, and to get to deliver these services to Indian children, who literally-I'm not being overly dramatic-are committing suicide in our part of the State of Nevada. Really there is literal pain and suffering that's going on without these very needed services. We believe that we have all the affirmative pre-conditions to do the job, and what we want to do is just reprogram what has already been appropriated-we're not asking for any additional money-and then work with the Indian Health Service on the presidential request for operational support, like they do other regional treatment centers, to get this going like right now. Short of being betrayed by the Indian Health Service, we've entered into a partnership with the Carson-Tahoe Hospital and their life stress unit to begin to try and address this need right now with our existing psychologists, and they have actually provided us privileges to their facility, but really what we're doing is trying to do twice as much with less. So we're really here today to see if we can somehow get your support in directing the Indian Health Service to do the right thing and reprogram this money, and then put it to direct use, rather than dilly-dallying around with engineering studies and going through this extensive planning effort, which I think was wasteful. We generally found them to be pretty slippery customers up until now, and I think with direction from you, I think we can begin to save children's lives. So, in the end, that's the primary purpose of my testimony. I don't want to diminish the importance of the other things that I did put in there, but this is an opportunity of many lifetimes, and we're some of the lucky few that can come here and really speak on behalf of those that can't. So we really look for your assistance. And then I guess, Do we work with staff, committee staff, in trying to accomplish report language? Mr. MILLER. Right, right. The committee staff will follow up with this. As we deal with the Bureau of Indian Affairs, we'll look into it and see what we can do. Mr. WALLACE. We really appreciate the time and help. If you can help us save these lives of these children, I would personally be very grateful. 385 Mr. MILLER. Thank you very much for coming here today. We appreciate it. [The information follows:] 386

Introduction -- The Washoe Tribe of Nevada and California is presently facing a unique geographic and political situation caused by the rapid population growth in western Nevada that threatens the Tribe's ability to preserve and develop Tribal resources. Our reservation, located on lands which total approximately 70,000 acres, is made up of eleven (11) disconnected land masses located in four counties of two different states. Prior to the California Gold Rush and the discovery of the Comstock silver load in western Nevada, the Washoe people occupied and controlled over 4,000 square miles of lands in and around Lake Tahoe and the Sierra Nevada Crest. Following the discovery of gold and silver, the Washoe Tribe was decimated, with only 300 Tribal members forced onto one forty ( 40) acre parcel of land. Since that time, the Tribe has struggled against overwhelming odds to reestablish its population and its land base. The Tribal membership is now close to 1,600 and the service area population, which includes spouses and children as well as non-member Indians is approximately 3,000.

The greatest resource of the Washoe Tribe is our families and children. In recognition of this important principle, we are focusing our attention on providing government services that will ensure an environment for our children to grow and develop to their full potential. The first order of business is ensuring that they have safe and healthy homes. This mission requires a coordinated effort on behalf of the tribal police, courts, social services and health services. For example the Washoe Family Healing Center is responsible for counseling victims as well as preparing forensic evidence for the police and prosecutor. The Tribe has taken a no tolerance stand against child abuse, domestic violence and juvenile crime. Unfortunately, we have found that many Indian adolescents are suffering from severe substance abuse problems. To address this problem the Tribe has entered into a partnership agreement with an existing local facility to establish a Regional Treatment Center for all Indian adolescents in Nevada without the cost of building a new facility. Congress, which recognized the need for such a facility in Nevada and appropriated funds for its establishment in 1992, now needs to direct the IHS to allow funds earmarked for construction design to be used for the provision .of actual services. Finally, as Tribal members are making a personal commitment to better their lives and the lives of their children, the need for higher education scholarship funds is steadily increasing. It is imperative that these individuals are armed with the necessary skills to become prosperous and self- sufficient citizens.

Washoe Tribe Law Enforcement-- As indicated above, the Washoe tribal government provides routine and emergency law enforcement services to a service population of approximately 3,000 persons living on tribal lands. These tribal law enforcement services include criminal code enforcement, fish & game duties, natural resource protection, animal control duties, and probation duties assigned through the Washoe Tribal Court. These services are provided twenty-four hours a day, seven days a week on approximately 350 square miles of Indian Country under the jurisdiction of the W,ashoe Tribe. The tribal police provide all these services with only six full time sworn officers. The current BIA law enforcement appropriation is a mere $152,000, the same level as it was· in 1978. Quite simply this level of funding is totally inadequate. 387

Unfortunately, Indian Reservations are subject to the same current criminal trends found in other locations, especial those with high poverty rates. We have seen an increase in domestic violence, child abuse and sexual assault, domestic terrorism, dangerous drugs, hard core gangs, and police assaults. The Washoe police are dedicated and hard working. As you can see by the attached summary of our tribal police incidence report, our officers handle an enormous number of incidents each year, which include a number of violent and dangerous crimes. Our officers consistently go the extra mile every day to provide the law enforcement protection that the community desires, but they simply do not have the manpower or resources to win the battle against crime. The Tribe is committed to cracking down on crime and providing a safe and healthy environment for our people to prosper. We urge Congress to ensure that the BIA's funding for law enforcement activities is increased to meet the law enforcement needs in Indian country.

Washoe Tribal Court -- The Washoe Tribal Court provides adult criminal, civil and juvenile judicial services. As detailed in the attached Washoe Police incidence report, the use of dangerous drugs is on the rise. Additionally, the number of criminal cases involving violent criminals brought to tribal court are increasing. As a result of the no tolerance position the Tribe has taken on domestic violence, the leading cause of adult incarcerations is domestic battery. Similarly, our efforts to confront child abuse and neglect has lead to an increase in juvenile out-of-home placements. In fact, 50% of all such placements are now the result of child abuse or neglect, and the other 50% are the result of drug infiltration on the reservation.

The Tribal Court operates on a Judicial Self-Determination contract with the BIA which totals $72,000 a year. Of this total, $39,919 is designated for the court and $31,081 is set aside for the Tribal Probation Department. With these funds the Tribe contracts for the services of a judge, prosecutor, and public defender, and we have one full time adult/juvenile probation officer. Although the court has only one full-time position, the clerk of the court, the Tribe has expanded judicial safeguards to ensure the civil rights of aefendants are protected, for example providing access to jury trials and free representation. In an effort to keep costs down, the court is already implementing several cost cutting measures. Because of the lack of funding, the court is in session only four times a month. Many difficulties arise with such a limited schedule. For example, it is difficult to hold arraignments within 48 hours of arrest requiring the defendant to be released on their own recognizance until the complaint is filed and the arraignment scheduled. It also makes it difficult to schedule emergency juvenile detention hearings within a 72 hour period after their removal from their home.

Due to an increase in crime and juvenile delinquency, the court funding situation is especially troubling this year. To date, we have already spent about a third of the total operating costs for the entire calendar year. Without an additional funding source or expansion of current sources, the Tribal Court will have to limit acc'ess to one or two days per month or close the clerk's office to only one or two days a week. To avoid such problems in the future, it is imperative that Congress provide adequate funding for··tril;>al courts, and we urge Congress to finally fund the Tribal Justice Act which was passed in_ 1993. 388

Higher Education Scholarships -- Because of the success of other educational efforts the number of Washoe students obtaining a higher education has swelled in recent years. For example, matriculation of Washoe students at the local community college has tripled in recent years. In the fall of 1996 there were a total of 19 Washoe students who received funding through the BIA Higher Education Scholarship program. In particular, we have seen a dramatic rise in the number of Washoe adults who are seeking higher education. Of the 19 students enrolled in college this year, six enrolled directly out of high school, and 13 were "re-entry" students with an average age of 31. Many of these re-entry students are single parents committed to prov.iding a better life for their children, and they often work part time and juggle child care with studies. Evidence also shows that they are good students, and 50% of them maintained a grade point average of 3.0 or better in the last semester. In light of the national push to move families off welfare, we believe the efforts of these enterprising students are particularly important. ·

However, because 12 of the 19 students are only freshmen or sophomores, we expect a real funding crisis in the next two years when these students matriculate to 4 year colleges and we have another anticipated 20 freshmen and sophomores needing funding as well. In order to meet this growing demand, our scholarship funding needs to be increased by $90,000 over this two year period.

Social Services -- The Tribe has made child protection a top priority. The Tribe has established a Child Sexual Abuse Treatment Center, known as the Washoe Family Trauma Healing Center, which provides a wide range of services and counseling to victims, courts, and law enforcement officers in cases where there is an allegation of child sexual abuse or child abuse. The Center, which is staffed by a clinical psychologist and a child abuse therapist and a child abuse inter, went into full operation on January 1, 1995. The Washoe Center provides services to Indian children and families living within the entire IHS Schurz Service Area which essentially covers the whole state of Nevada. The Washoe Center is the only non-IHS administered mental health provider.for tribes located within the Schurz Service Unit, and we operate at a cost per encounter rate of substantially less than the IHS providers.

Currently the Center provides clinical consultation and therapeutic services in 267 family cases, 82% of which have been referred from the tribal court systems. In last year alone, the Center had a total of 2,886 therapeutic encounters, which equals about 160 treatment encounters per week, and we provided forensic and clinical evaluations for 195 cases which involve specific allegations of incidents of child abuse to assist courts in child custody proceedings and criminal prosecutions. To prevent such incidents we have also provided community education presentations with a total of 711 participants. The four existing tribal sexual abuse treatment centers are funded through a separate line item in the IHS budget. While the other centers, which only serve one tribe, were allocated $200,000 the Washoe Center has only been allocated $152,000. All these centers provide much needed services, and the Washoe Center needs to receive parity in funding. 389

Regional Treatment Center -- Congress appropriated funds, in FY '92, to initiate the establishment of a adolescent substance abuse Regional Treatment Center (RTC) to serve the Nevada Indian populations. Although the appropriated funds were initially intended to fund the design and engineering costs of constructing a new facility, the Washoe Tribe has developed a plan that will avoid unnecessary construction costs and expedite the provision of treatment of adolescents with substance abuse problems.

In an effort to use limited federal funding more efficiently and effectively, the Washoe Tribe has stepped forward and developed a plan to operate the RTC in a pre-existing facility. The Washoe plan therefore eliminates unnecessary construction costs and enables the RTC to begin providing these critically needed services immediately. The federal government often talks about the need to establish public...:private partnerships. The Washoe Tribe has taken the bull by the horns and entered into an agreement with the Carson Tahoe Hospital in Nevada to. provide RTC services at their existing facility. Unfortunately, the IHS is stuck in its ways and has been unwilling to acknowledge the wisdom of such a partnership. Although it would cost millions of dollars and greatly delay substance abuse treatment for the adolescent victims, the IHS has consistently supported the construction of an unneeded facility.

The IHS contends that the Nevada RTC funds were originally designated for design and construction of a new facility and that the agency does not have the flexibility to redirect these funds to provide actual services. While the agency indicated its support, including a personal expression of support by Dr. Michael Trujillo, they have deluged the Tribe in endless redtape and procedural roadblocks. While the Tribe· is ready to begin immediate treatment, the IHS is still talking about the site selection process for the construction of a new facility. It is time for Congress to do the job that the IHS cannot or will not do. By merely directing the IHS to reprogram the already appropriated Nevada RTC construction funds to service funds, Congress will save money and most importantly ensure the immediate treatment of these troubled adolescents.

Conclusion -- The funding for law enforcement, tribal courts, higher education and child protection assistance is provided through the BIA's Tribal Priority Accounts budget (fPA). In FY '96 the TPA funding was slashed causing the problems discussed above. The Nevada tribes have prioritized these programs, but it is necessary for Congress to restore TPA funding to the FY '95 level. The Administration's request would restore some funding to TP A, but it would still fall short of the '95 level. Finally, although we have not had an opportunity to fully analyze the Strategic Plan proposed by the Office of the Special Trustee, it does raise some serious concerns. While the plan appears to contain a number of laudable proposals to address problems with the management of trust fund accounts and land and record account systems, we are concerned about the proposed management of trust lands and resources. By transferring the management of land and resources from the BIA to a new federal bureaucracy, we are concerned that the plan would effectively remove decision-making authority from the local tribal governments and tum it over to a new federal agency in Washington, effectively repealing the Indian Self-Determination Act. We are ·also concerned about allowing people whose area of expertise is essentially banking, to be· managin& tribal natural resources. 390

Washoe Tribe of Nevada and California 919 Highway 395 South, Gardnerville, Nevada 89410 (702) 265-4191 (702) 883-1446 (916) 694-2339 FAX (702) 265-6240

Washoe Tribal Council Members

Chairman February 24, 1997 A. Brien Wallace

Vice-Chairman J ecqnellne Steele The Honorable Ralph Regula, Chairman (Stewart) U.S. House of Representatives Interior Appropriations Subcommittee Sheri Johnson (Carson Colony) B-308 Rayburn House Office Building Washington, D.C. 20515 Jack Melone, Jr. (Carson Colony) Dear Chairman Regula: Kathie Wyett (Dresslcrvillc) In my official capacity as the elected Chainnan of the Washoe Tribe of Nevada and Russell McDonald California, I have been invited to present oral testimony to the House Interior (Dresslervlllc) Appropriations Subcommittee. Surely, clause 2(g)(4) of the Rule XI of the Rules of the House of Representatives, which requires the disclosure of all federal grants and Benny Mills (Non-Reservation) contracts, was not intended to apply to elected leaders of other governments, such as state governors. As the elected leader of a federally recognized Indian tribal Lenore Kizer government I presume that I will be treated in a comparable fashion as a governmental (Non-Reservation) .witness and that this clause is not applicable. Roberta Jones (Reno/Sparks) The government status of Indian tribes is a well documented legal doctrine initially articulated by the United States Supreme Court in 1832, in the landmark decision by Dorothy McCloud Chief Justice John Marshall in Worcester v Georgia, 31 U.S. (6 pet.) 515. The (Stewart) governmental status of Indian tribes has been reconfirmed in a number of subsequent Claudie Ann Wade Supreme Court decisions, such as Santa Clara Pueblo y Martinez, 436 U.S. 49 (Woodfords) (1978). Similarly, the Congress has continuously reconfirmed the governmental statue of tribes and the government-to-government relationship that exists between Indian Phillip Bennett tribes and the United States. (Woodfords)

Carolyn M. Kenton I understand that the House Resources Committee, which has primary jurisdiction Secretary-Treasurer over Indian tribes, will recognize the governmental status of Indian tribes and treat witnesses representing tribal governments as governmental witnesses. Unless told that Appropriations Committee will not be treating Indian tribes as governments, I will assume that I will be treated in a similar manner by the Interior Appropriations Subcommittee. 391

Honorable Ralph Regula February 24, 1997 Page2

I have alwayico·derecl the opportunity to testify before the Interior Appropriations as an honor and reaffu:mF"·o~e government-to-government relationship, and I greatly appreciate the rtunity to t testimony this year.

1 :1~ :n~l/;f~ ,j ,-y\ (r(('()'/ · ,fi, /,L / ;( I A:' Briait;Wallat ; , · L(t_'·\'- , .. , Tribe of Nevada and California . . 392

TlluRsDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS WITNESS DENIS TURNER, SOUTHERN CALIFORNIA TRIBAL CHAIRMEN'S ASSO- CIATION Mr. MILLER. John Stevens. John Stevens from the Maine Passa- maquoddy Tribe is not here. We'll proceed with Mr. Robert Smith. Is Mr. Smith here? Mr. Smith, good afternoon. Mr. TuRNER. Good afternoon, Congressman. I'm stepping in for Mr. Smith. My name is Denis Turner for the record. It's on the testimony sheet. Currently, Mr. Smith is back in California. He's a chief negotiator with the governor over a gaming compact, which has reached the stage of confrontations with the U.S. attorney's office, and can't be here today to make sure that our people do not get into a confrontation with the United States attorney's office. So he's asked me to be here. So, basically, again, I'd like to thank the committee in its past efforts to see that there is funding for small tribes throughout the United States. In my packet, as you will see-and I will just do a verbatim on it-is ·some of the figures on fundings that come to California. Cer- tainly last year there was $4 million throughout the country. This committee made that happen. The small tribes throughout the United States are appreciative of that. As you know, the Bureau has a little problem adding and sub- tracting sometimes, and that's why we named this "equal and equitable base level funding. As they've established now the Office of.-- Mr. MILLER. Mr. Regula will take over now. Thank you. Mr. REGULA [presiding]. Thank you. Okay. Mr. TlmNER. Thank you, Mr. Chairman. I just started to, again, thank the committee for the $4 million appropriations to small tribes last year, and continue that, hopefully, for this 1998 budget. I was just admitting a little shortfall that the Bureau has in not being able to add and subtract once the money leaves the committee to go over to the Bureau of Indian Affairs, and I think this is really seen when you look at why we have an Office of Special Trust now, because it even gets more difficult when you're trying to divide these funds into over 100 tribes, at least in California. But I think that the effort of this committee to assure small tribes funding has made tribes throughout the United States, and especially California, more grateful, in fact, that they can operate their tribal governments in a more professional, executive manner. So we want to continue that and at the same time thank you for it. The second part of my subject is tribal court funding for tribes in California. The reason I have added in the appendix-and this is so thick, I'd like each one of the committee members for their libraries, and others on the committee, when they get a chance and have time to read, to look it over. It's really a history of what's happened in California. 393 We have no tribal court funding other than for two tribes in the State. There's 103 tribes, and I provide a list of those tribes. Essen- tially, what happened is prior to the self-determination-not the self-determination, but the IRA Act, we had the Determination Act and then we had the Self-Determination Act, and what happened since then h~ that the tribes in California essentially lost their court system because Public Law 280 came into place. During those 40 years, the State of California felt like-it knew prior that we did have tribal courts; we had Indian police, but Public Law 280 sort of took that away. So over the last 40 years, it's basically just been a big gray area, which has led us to a lot of lawlessness that happens on behalf of certainly-- Mr. REGULA. Okay, well, you want more funding for tribal courts for the small tribes? Mr. TURNER. Right. Well, there is basically only two courts in this whole State of California with 103 tribes. Mr. REGULA. Yes. Mr. TURNER. Because we've sort of'been left behind-- Mr. REGULA. Okay, well, we'll take that under consideration. Now you have the third item, the land purchase? Mr. TURNER. Right. In several parts of California we have land, reservation land, like three or four thousand acres, and right in the middle of it is some non-Indian land that was either owned by a special agent and somehow he got it appropriated through Con- gress back at the turn of the century-- Mr. REGULA. You'd like to fill in those gaps? Mr. TURNER. We'd like to do that. Many of the tribes throughout the country have done that. Certainly we have the support of our Congressman, Duncan Hunter, on this issue, and he couldn't be here today, but working with him and all the local groups to do that-there's nobody opposing it. Mr. REGULA. You just need money? Mr. TURNER. Exactly. And that's part of the record here. The chairperson from the Manzanita reservation, again, is hoping to make sure that there is not a confrontation in California over other issues, not that these tribes have the gaming and have the resources to buy these properties, but would like in some way to help this committee help them in doing an acquisition. Mr. REGULA. Okay, well, thank you very much for coming. Mr. TURNER. Thank you, Mr. Chairman. [The information follows:] 394

Testimony to The House Appropriations Sub-Committee On Interior March 6, 1997

Subjects:

1. Equal and Equitable Base Level Funding for Small Tribes.

2. Tribal Court funding for small Tribes in California.

3. Land Purchase for Manzanita Band of Mission Indians for Economic Development.

Appendix: A Second Century of Dishonor

Testimony Presented By: S_outhern California Tribal Chairman's Association and Manzanita Band of '.\fission Indians

Oral Statements By: Denis Turner, Executive Director

P.O. Box 1470 • Valley Center, CA 92082 (6/9) 749-()9/0 • 02/18/97 1997 SMALL AND NEEDY TRIBES TABLE2.WK4

TOTAL TPA MINIMUM FUNDING FUNDING MIN.FUND. MIN. FUND. TOTAL97 AREA/TRIBE POPULATION FUNDING AVAILABLE BASE REQUIRED PER MEMBER $92,500 $112,297 'DISTRIB.

SACRAMENTO AREA: 75 TRIBES AGUA CALIENTE BAND OF INDIANS 208 65.768 160000 94.232 316 26.732 .19.797 46.529 cc BUENA VISTA 1 157,086 160,000 2.914 157,086 0 0 0 (0 BERRY CREEK RANCHERIA OF MAIDU INDIANI 304 77,283 160,000 82,717 254 15,217 19,797 35,014 C11 SULPHER BANK (ELEM INDIAN COLONY) POMI 221 71,141 160 000 88,859 322 21,359 19,797 41,156 SHEEP RANCH 1 25,119 160,000 134,881 25,119 0 0 0 COYOTE VALLEY BAND OF POMO INDIANS 291 75,049 160,000 84,951 258 17,451 19,797 37,248 COLD SPRINGS RANCHERIA OF POMO INDIANI 265 75,143 160000 84,857 284 17,357 19,797 37154 CHICKEN RANCH 10 157 760 160,000 2,240 15,776 0 0 0 MIDDLETON RANCHERIA OF POMO INDIANS 95 62,906 160,000 97,094 662 29,594 19,797 49,391 BENTON RESERlfATION 48 74,346 160,000 85,654 1,549 7,254 0 7,254 BRIDGEPORT PAIUTE INDIAN COLONY 55 73,928 160,000 86072 1,344 18,572 1 000 19,572 COLUSA RANCHERIA 71 63,674 160,000 96,326 897 28,826 19,797 48,623 LONE PINE RESERVATION 296 92,944 160 000 67,056 . 314 0 19,353 19,353 BIG PINE BAND VALLEY PAIUTE SHOSHONE IN 367 98,421 160,000 61,579 268 0 13,876 13,876 TUOLUMNE BAND OF ME-WUK INDIANS 291 78,668 160,000 81,332 270 13.832 19,797 33,629 !SANTA ROSA BAND OF CAHUILLA MISSION IN[ 363 81,867 160,000 78,133 226 10,633 19,797 30,430 TABLE BLUFF RANCHERIA OF WIYOT INOIANS 243 91,587 160,JO0 68,413 377 913 -- ,9,797·---20]10 1SHERWOOO VALLEY RANCHERIA OF POMO IN 292 77,762 160,800 82,238 266 14,738 19,797 34,535 ORY CREEK RANCHERIA OF POMO INOIANS 402 67,124 160,000 92,876 167 25,376 --- 19,797 · 45,173 GRINDSTONE INDIAN RANCHERIA 171 67898 160,000 92,102 397 24,602 19,797 44,399 !JACKSON RANCHERIA OF ME-WUK INOIANS 27 59,222 160,000 100,778 2,193 0 0 0 ITIM-DEATH VALLEY TIM Bl-SHA SHOSHONE BA! 209 83,274 160,000 76,726 398 9,226 19,797 29,023 !UPPER LA!KE BAND OF POMO INDIANS 199 68,601 160 000 91,399 345 23,899 19,797 43,696 BIG SANDY RANCHERIA OF POMO INDIANS 200 69,555 160,000 90,445 348 22,945 19,797 42,742 MANCHESTER BAND OF POMO INDIANS 253 75,881 160 000 84,119 300 16,619 19,797 36,416 02/18/97 1997 SMALL AND NEEDY TRIBES TABLE2.WK4

------TOTAL TPA MINIMUM FUNDING FUNDING MIN. FUND. I MIN. FUND_.-, rot.At.: ii,- AREAITRIBE ~OPULATIO~FUNDINGAVAILABLE I_ _REO(!IRE!? IPER ME~BEl:I $92,soo $112.,~97 _ 'DISTRIB. ~A~!!~MENTOAREA: CONTINUED -i----=r--·-- ·-·==t=~-'-_-_-:~J TABLEMouNTA1NRANcHER1A 1151 63.531 I 160,0001 ·gs:;is91 · - .. 5521 -- 20,9691 19.7911 4a:ii5s tSCOTTSVALLEY BAND OF POMO INDIANS 146 68,384 160,000 91,616 468 24,1161 19,797 43,913 !CORTINAINDIAN RANCHERIAOF WINTUNINDI ENTERPRISERANCHERIA OF MAIDUINDIANS ~~~:ggg~::! -n:~_l_--_----~H~~ --4U¼1 GUIDIVILLERANCHERIA 80 63,061 160,000 96,!339 _71313__ 29,439 ___ 1_9,797 ___ 49,236 FORTINDEPENDENCEINDIANCOMMUNITY I 1231 81,2741 160,000I 78,7261 __§fil.L 11,2261 19,7971 31,023 SHINGLESPRINGSBANDOFMIWOKINDIANS j 1851 69,3781 160,0~0I._ 90,6221 3751 23,1221 -~797L____12,919 STEW.Afl_T~POINTRANCHERIA I 2481 73,026J .1§0,000J 86,974J 2941 1!!,474J 19,797J 39,271 LYTTONRANCHERIA 200 67,997 160,000 92,003 340 24,5031 19,7971 44,300 RUMSEYINDIANRESERVATIONOFWINTUNIN 35 59,486 160;000 __1_Q(l._514 1_,_700 0 14 14 HOPLAND BAND OF POMO INDIANS 3531 81,235 I 160,0001 78,765 I 230J 11,265 J 19,797 I 31,062 CHOOPDAINDIANSOFCHICORANCHERIA 451 77,508L___j§0,(}{}()~492J _!.722I Oi 01 0 ROBINSONRANCHERIAOFPOMOINDIANS 211 I 70,9031----1§0,000L 89,0971 3361 21,59Il ___ 1_9,797J___ 41,394 TRINIDADRESERVATION I 164I 91,5871 160,Q0()_~413I 5581 9131 19,'7!3Il_____g0,710 CAHTOINDIANTRIBEOFLAYTONVILLERANCtl 504I 108,948I 160,000I 51,052I 2161 01 3,3~il_____3,349 co CEDARVILLERANCHERIA NORTHERN PAIUTE 11 30 I 90,113 I ___1§0,000 I _ 69,887 I 3,004 I O I OI 0 BIG LAGOONRANCHERIA OF SMITHRIVER IN~ 30 I 90, 164 I 160,000 I 69,836 I 3,005 I O I OI 0 ALTUR AS RANCHERIA OF PIT RIVERINDIANS I 16 I 90~ L___j§O._OOQL 69,887 I 5,632 I O I OI 0 PIT RIVER 2,527 133,401 160,000 I 26,5991 53 \- 0 I OI 0 FORT BIDWELL 216 89,331 160,000 70,669 414 3,169 19,797 22,966 RESIGHINI RANCHERIA 851 90~0.0001 69,2011 1,0671 1,1011 19,7971 21,584 SUSANVILLE INDIAN RANCHERIA 1,0911 106~0.ooo I 53,251 I 98 I o I 5,548 I 5,548 VIEJAS RESERVATION 3001 15~0,0001 8~.1>5-II 251 I 11,1511 19,7971 __ 36,954 PALA 838 103,847 160,000 - 56,153 124 0 8,450 8,450 TORRES-MARTINEZ BAND OF CAHUILLA IND~ 132 71,405 160,000 88,595 541 21,095 --19,797 40,892 CAHUILLABAND OF MISSIONINDIANS 249 I 62,852 J 160,000 L _____!}L_14EI.I 252 I 29,648 I _ l!3._Z9I.] __ 49.445 SANTA YNEZ BAND OF CHUMASHMISSION INC 2441 60,037I 160,0001 99,9631 2461 32,4631 19,7971 52,260 IRAMONA BAND OF CAHUILLAMISSION INDIAN 3 I 48~0.000 I 111,410 L 1771 o I o I o CAMPO BAND OF DIEGUENOMISSION INDIAN! 2571 84..Q11.L___j§O,OO_OI 75,989 I · 3271 8,489 I 19,797 I 28,286 LA POSTA BAND OF DIEGUENOMISSION IND!' 13I 64,3921 160,0001 95,608.l_ ~9531 DI DI o RINCON BAND OF LUISENO MISSION INDIANS 432I 93~0.0001 66.415L ____g]_1l__ oJ 18,7121 18,712 JAM UL INDIAN VILLAGE 62 I 66~0.000 I 93,075 I 1,019 I 25,575 I 12,900 I 38.475 SANTA ROSA INDIAN COMMUNITY 135I 60._lll3_()_l____O,OOOI 99,1201 451 I 31,6201 19,7971 51,417 SANTA YSABEL 1,0011 104,4111 160,0001 5~529J 1041 01 7,8261 1,026 PAUMA BAND OF LUISENO MISSION INDIANS 1001 62,931 160,0001 97,0691 5831 29,5691 19,7971 49,366 MORONGO 1.393 110,128 160,000 79 Oj 2, 1691 2.169 SYCUANBAND OF DIEGUENOMISSION INDIAN 93 66,074 160,000 710 26,4261 19,797 46,223 - --- - 02/18/97 1997 SMALL AND NEEDY TRIBES TABLE2.WK4

. ------·-- .. TOTAL TPA MINIMUM FUNDING FUNDING MIN. FUND. MIN.FUND. TOTAL97 AREA/TRIBE POPULATIOt. FUNDING AVAILABLE __8~!; -- _REQUIRED f~R ~!=!4B_!=!! $92,500 s11~.29I 'DIST~!!3-. ------· -- -- SACRAMENTO AREA: CONTINUED -- --- ··---- ... ------AUGUSTINE BAND OF CAHUILLA MISSION IND. 8 48,613 160,000 111,387 &,on 0 0 0 CUVAPAIPE COMMUNITY OF DIEGUENO MISSII 10,945 0 8 87,562 160000 72,438 - ·- - 0 0 TWENTY NINE PALMS BAND OF LUISENO MIS I 14 48,936 160000 111.064 3,495 0 0 0 SAN MANUEL BAND OF SERRANO MISSION INI 82 67,584 160,000 92,416 824 ---24:915 19,797 ---44,713 SAN PASQUAL BAND OF DIEGUENO MISSION I 1,341 104,194 160,000 55,806 78 0 8,103 8,103 BARONA GROUP OF CAPITAN GRANDE BAND 482 87,562 160,000 72.438 182 4.938 19,797 24735 MESA GRANDE BAND OF DIEGUENO MISSION I 92 71642 160000 88,358 n9 20,858 19,797 40,655 LOS_COVOTES BAND OF CAHUILLA MISSION It, 268 59,143 160,000 100,857 221 33,357 19,797 53,154 INAJA BAND OF DIEGUENO MISSION INDIANS 17 49076 160,000 110,924 2,887 0 0 0 SOBOBA BAND OF DIEGUENO MISSION INDIAN 725 93,604 160000 66,396 129 0 18,693 18,693 MANZANITA BAND OF DIEGUENO MISSION IND 81 88,539 160,000 71,461 1,093 3,961 19,797 23,758 CAPITAN GRANDE BAND OF DIEGUENO MISSIC 36 29,400 160000 130,600 817 31,800 0 31.800 co LA JOLLA BAND OF LUISENO MISSION INDIANi 428 94,369 160,000 65,631 220 0 17,928 17928 C0-;) Subtotal 20,667 5,876,239 12,000,000 6,123,761 284 919,902 1,233,583 1,928,891 398

Tm.rn.sDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS WITNESS DENIS TURNER, MANZANITA BAND OF MISSION INDIANS Mr. REGULA. We have the Manzanita Band of Mission Indians. Is there anyone here? Mr. TURNER. Excuse me, Mr. Chairman. That was the second part of my presentation. Mr. REGULA. Oh, you're both? Mr. TURNER. Right. Mr. REGULA. You're wearing two hats today? Mr. TURNER. Exactly. So in the bank portion of really the testimony today is my statement for the Manzanita Band. Mr. REGULA. Okay, okay, very well. Mr. TURNER. And that's a planned acquisition. Mr. REGULA. I assume this is near San Diego then? Mr. TURNER. Yes, it is. It's 45 miles east of San Diego, 10 miles north of the Mexican border. Mr. REGULA. And you're in Duncan Hunter's district? Mr. TURNER. Yes, sir. Mr. REGULA. I've talked with Duncan about it. Mr. TURNER. Okay, thank you. Mr. REGULA. Thank you. [The information follows:] 399

MANZANITA BAND OF MISSION INDIANS P.O. Box 1302 Boulevard, California 91905 (619) 766-4930

Statement Before the House Subcommittee on Appropriations for the Interior on Behalf of the Manzanita Band of Mission Indians of California March 6, 1997

Honorable Members of the Subcommittee:

On behalf of the Manzanita Band of Mission Indians of California, I am requesting an appropriation for the Band and a directive to the Bureau of Indian Affairs (BIA) in the Land Acquisition section of the Interior Bill for Fiscal Year 1998 to acquire a parcel of privately owned land that is located wholly within the exterior boundaries of the Band's reservation. This parcel ofland, commonly referred to as the "McCain Ranch" property, encompasses 160 acres located in the middle of the Manzanita Reservation It is the only private inholding within the reservation The pi;-esent owners of the property want to sell the parcel, have offered the Band the right of first refusal at a purchase price of $1,000. Per acre, and fully support the Band's acquisition of the property. However, due to a paucity of resources, the Band is unable to raise the funds necessary to acquire the land itself. Acquisition of the parcel would support the Band's self-determination and increase its self-sufficiency by; (1) securing a water source and arable land for the Band to use in an agricultural development project; (2) allowing the Band to protect and preserve ancestral burial sites and artifacts of the historic Sacatoon Indian Village located on the parcel, thereby fulfilling a federal goal of historic preservation; (3) eliminating potential litigation and related costs to the federal government by resolving a long standing right-of-way problem that exists because the parcel is landlocked; and (4) consolidating the Band's landholdings within its reservation boundaries, thereby eliminating complex problems of jurisdiction within the reservation.

Before discussing in detail the benefits of acquisition for the Band, I would lil~e to briefly review the history of the reservation·. The Manzanita Band of Mission Indians is a federall~recognized Indian tribe, organized pursuant to the Indian Reorganization Act, 25 U.S.C. Subsection 476. The Manzanita Reservation, located in southeastern San Diego County, California, was established in 1891 under Executive Order. The original reserva·tion occupied approximately 530 acres to the 400 south and east of the McCain Ranch. In 1907, the reservation was enlarged and the federal government tried unsuccessfully to acquire the McCain Ranch. As a result of the 1907 expansion, the McCain Ranch became wholly encompassed by the Manzanita Reservation.

Over the past several years, the Manzanita Band has unsuccessfully attempted to acquire the McCain Ranch, first through this appropriation process and, more recently, by trying to orchestrate a land exchange with the cooperation of the Bureau of Land Management (BLM) and the present landowners. Although the Band is continuing to pursue the exchange option, they have been advised by both the BIA and the BLM that outright purchase of the parcel is the only truly viable option. Both BIA and the BLM have voiced their support for acquisition of the McCain Ranch property by the Band. The requested appropriation present~ an opportunity to complete the acquisition, which was initiated by the federal government in 1907.

Upon acquisition, the Band will request that the land be placed in trust for the exclusive use and benefit of Band members. Acquisition will allow the Band to secure some of the reservation's major water sources, the Tole, Creek and perennial springs, located on the McCain property. The Band plans to use the parcel to develop an agricultural project and possibly a western movie set project as means of generating badly needed income.

The Manzanita Band is committed to protecting the cultural resources and archaeological sites that have been identified or recorded on and near the reservation. These resources include ancestral burial and artifact sites of the historic Sacatoon Indian village which are located on the McCain parcel. Under private ownership, these valuable cultural resources receive limited protection under existing law. Acquisition of the McCain parcel will allow the Band to fully protect and preserve these cultural resources indefinitely.

Lastly, the proposed acquisition will eliminate potential litigation, and are late costs, to resolve the longstanding right-of-way problem that exists across reservation land is disputed. If forced to litigate the issue, the Band will look to the federal government to protect the Band's interests in its trust lands. Eliminating the problem through acquisition of the landlocked parcel is a much more productive use of scarce federal resources. Acquisition w01ild also eliminate nagging issues of jurisdiction by consolidating all the Band's landholdings within the exterior boundaries of the reservation. 401

In summary, acquisition of the McCain parcel would greatly enhance the self- determination of the Manzanita Band of Indians by providing badly needed resources for economic development, protection of cultural resources, elimination of · potential litigation, and simplification of jurisdictional issues within the reservation. The Band seeks an appropriation of $210,000. This sum would cover the purchase price for the 160-acre parcel, plus the costs of environmental studies and administrative costs related to placing the land in trust for the Band. As already mentioned, the Band is still pursuing the remote possibility of a land exchange to effect its purposes. The requested appropriation could be drafted to direct that, in the event an exchange can be accomplished, all surplus funds would be returned to the federal government.

I strongly urge the subcommittee to grant the requested appropriation and direct the BIA to acquire the McCain Ranch property in trust for the Manzanita Band of Mission Indians in the Land Acquisition section of the Interior Bill for Fiscal Year 1998.

Respectfully submitted,

Frances Shaw, Chairperson Manzanita Band of Mission Indians Denis Tu·rner Executive Director of SCTCA 402

TliuRsDAY, MARCH 6, 1997. BUREAU OF INDIAN AFFAIRS INDIAN HEALTH SERVICE WITNESS DARRELL DRAPEAU, YANKTON SIOUX TRIBE Mr. REGULA. Yankton Sioux Tribe. Okay, tell us your problems. Mr. DRAPEAU. Okay. Mr. Chairman, my name is Darrell Drapeau. I'm the elected chairman of the Yankton Sioux Tribe. Mr. REGULA. How big is your tribe? Mr. DRAPEAU. We're a little under 7,000 members, half of whom live on the reservation. Mr. REGULA. And you're located in Arizona? Mr. DRAPEAU. South Dakota. Mr. REGULA. South Dakota? Mr. DRAPEAU. Yes. Mr. REGULA. Okay. Mr. DRAPEAU. I have submitted a more thorough document containing appropriation requests for the benefit of our reservation, and I would invite the committee's attention to that document. Today I will simply state that, for the benefit of the members of our tribe, I wish to make the following appropriation request: One, for construction and staffing of the Indian Health Service inpatient unit, we request a total of $15,644,631, which is for both construction and staffing. Two, for additional police-- Mr. REGULA. Do you have a priority in Indian Health Services for this? Have they supported it? Mr. DRAPEAU. It's not necessary. Mr. REGULA. It's not necessary? Okay. Mr. DRAPEAU. The second would be for additional police and other necessities needed to handle the extra law enforcement re- - sponsibilities resulting from the recent recognition by the Federal courts of our original reservation boundaries. We are requesting $450,000 for an additional police and support. Mr. REGULA. This would be on the reservation? Mr. DRAPEAU. Yes. Yes, sir. Mr. REGULA. Okay. Mr. DRAPEAU. Third, for beefing-up our judicial services, for the same reasons, we are requesting an appropriation of $165,000. Four, for staffing of our new juvenile detention center, we are requesting an appropriation of $816,970.30. With this appropriation, however, we will be able to house juveniles from other reservations, which the BIA has estimated will bring in revenue to us in the amount of $1,673,000 annually. I might add that we were fortunate enough to have- received a grant from the Justice Department to construct a new juvenile detention center. It will be a 60-bed facility. Once it is completed and staffed, we will no longer have to send our troubled juveniles to far-off reservations. Mr. REGULA. Well, I don't follow it. You have that one; why are you asking for the $800,000? · 403 Mr. DRAPEAU. It's in the process of being built. We just got the grant probably about a month or two ago. Mr. REGULA. From the Justice Department? Mr. DRAPEAU. Yes, yes .. Mr. REGULA. But I thought you asked for $800,000 to _build a juvenile facility. Mr. DRAPEAU. Let's see. Yes, that's-this here would be for like the-that $1.3 million grant is for construction, and this-- Mr. REGULA. You're talking about operations? Mr. DRAPEAU. Yes. Mr. REGULA. Okay. All right. Mr. DRAPEAU. We feel that we could do a better job of rehabilitating these young people if their families can be near them as they are processed through the system. I wish to thank the chairman and the members of the committee one more time for this opportunity to be here. Mr. REGULA. Well, thank you for bringing this to our attention. [The information follows:] 404

TESTIMONY OF

DARRELL DRAPEAU Chairman, Yankton Sioux Tribe Marty, South Dakota Tel: (605) 384-3641 Fax: (605) 384-5687

Mr. Chairman, I am Darrell Drapeau, the Chairman of the Yankton Sioux Tribe, which is headquartered along the Missouri River in Soµth Central South Dakota We are a Tribe in excess of7,000 members, about half of whom live on the reservation.

We recently won a case in federal court which confirms that the boundaries that were established by Treaty with the U.S. Government in 1858 are still intact. Although we were very happy that the 8th Circuit Court of Appeals has affirmed the decision of the trial court, and that it has also denied a request by the State of South Dakota for rehearing, that particular decision has brought us some additional, but no insurmountable problems. That is especially true in the area of law enforcement However, we were working our way through the additional burdens of enforcing the law on a greater part of the reservation than we had before.

L Inpatient Health Care on the Yankton Sioux Reservation.

One of our principle concerns right now is the re-establishment of an inpatient clinic on the reservation to serve not only our tribal members, but as well, members of the Rosebud Sioux Tribe who live on the eastern edge of their reservation, who find it more convenient to use the Wagner IHS facility. We also serve some members of the Ponca Tribe in Nebraska with the service unit

The Indian Health Service closed the existing inpatient unit when it renovated the outpatient clinic, but it was never re-opened. IHS had planned to close the Emergency Room at the same time, 405

but were prevented from doing so by Judge Piersol, the federal judge who has jurisdiction over our

area. We brought a lawsuit against IHS asking. for an injunction against the closure of both the inpatient unit and the Emergency Room. Judge Piersol conceded that IHS broke the law in closing the inpatient unit, but said he did not want to order IHS to spend money to re-open it. The

Emergency Room is still open, but we expect that any day now IHS will provide the one-year notice

to Congress announcing their intention to close that as well.

The reasons given by IHS for their attempt to curtail medical treatment at Wagner is that their

budget has been cut by Congress, and that they had to make decisions as to what to cut around the

country within their service areas. But this is false economy. As the trustee for the Indian tribes, we

feel that the US. government, in this case, in the person of the Indian Health Service must provide

adequate health care for our tribal members.

Although the IHS has said that we can contract acute care to the local non-Indian hospital,

the Wagner Community Memorial Hospital, we found very quickly that we were not welcome there.

The hospital refuses to allow a tribal representative on the board of directors, it has adopted a policy

that anyone with an alcohol problem will not be admitted; and when tribal members are admitted, they

are made to feel unwelcome. This is a situation which cannot stand. The nearest non-Indian hospital

is at Yankton, South Dakota, which is about an hour and a half distant from the central part of the

reservation, and a lot further from the western end. Admitting tribal members there works a hardship

on their families, many of whom do not have transportation to go \.;sit their family members who are

in the hospital.

Moreover, we have found that it is cheaper to construct and run an IHS hospital than it is to

contract care out to private hospitals. IHS is losing out on third party payments, i.e., Medicare and

health insurance payments, which amounted to a great deal of money each year. 406

Based on Indian Health Services estimates, we are requesting that $9.2 million be

appropriated for design, construction and equipping an 8 to 12 bed inpatient addition to the Wagner

Health Center. We are also requesting $6,644,631 for annual opening costs for the inpatient unit, on

an annual basis. We do not include in this money to purchase a small amount ofland to be used for

the expansion as well as staff quarters for the added staff anticipated.

II. Bureau of Indian Affairs Law Enforcement.

As I indicated below, we have taken on extra duties of law enforcement as a result of a

favorable court decision that confirmed the existence of our reservation boundaries that were first

established in 1858, by treaty with the United States government. We are able to handle this on a

temporary basis because the Bureau of Indian Affairs has transferred in on temporary detail a number

of additonal policemen to beef up the force. However, it has become necessary to add to the BIA

budget four additional officers so the temporary personnel can be sent back to their original

I assignments. · As well, we are in need of money for prisoner care, and other related matters. Thus, we are requesting $450,000 to be appropriated on an annual basis to make certain that we fulfill our law enforcement duties.

III. Judicial Services.

For the same reasons that additional police are needed, the judicial services are in need of additional personnel. The extra work load resulting from the taking over of additional law enforcement responsibilities has taxed our tribal court system to the limits. We do have two law trained judges who are doing an excellent job, but it i_s now necessary that we be able to provide staff for them to assist in the clerical work that is nec~ssary to maintain adequate records. The appropriation goes to the BIA, and is~ pass through to the Tribal Court Services program. We are therefore requesting on behalf of the :Bureau of Indian Affaits an appropriation of $165,000, in 407 addition to our current budget, on an annual basis for filling out the gaps in our judicial services.

This appropriation is for one full time probation officer at $40,000; for the prosecutor and public defender, $60,000; for an additional court clerk because of the increased work load. $25,000

IV. Juvenile Detention Center.

We have been sending juveniles to other reservations, far from our own, for detention. As the committee might guess, our reservation is afflicted much the same as the country at large with increasing juvenile crime. We were fortunate enough to receive a grant from the Justice Department

I to construct our own juvenile detention center. which we are in the process of doing We are requesting a startup appropriation of $816,970.30 in order to staff the center with appropriate personnel so the system may actually benefit our reservation. I feel that this is especially important, as we are serious about focusing on the rehabilitation of young people who go astray. '.\-foreover, with the establishment of this center, we will be able to bring in enough income--estimated to be

$1,673,000--from other tribes, from the Bureau of Prisons, and from the BIA, to more than offset any operating costs in later years.

I thank the Chairman and the members of the Committee for accepting my testimony. 408

THuRsDAY, MARCH 6, 1997. INDIAN PROGRAMS WITNESSES MARGARET DIAMOND, LAC COURTE OREILLES MIKE ISHOM, LAC COURTE OREILLES Mr. REGULA. Okay, we have the Lac Courte Oreilles group. I don't know how close that was. Ms. DIAMOND. Good afternoon, Mr. Regula. I thank you for your time. I want to also ask your forgiveness in having to read my summary, but our time is little and Qur needs are great. Mr. REGULA. Okay. Ms. DIAMOND. On that unhoused elementary school for children on Courte Oreilles, we are requesting $7 million. The Courte Oreilles Elementary School was condemned by the Assistant Sec- retary of the Interior. The reason for the condemning was an emergency issue linked to health and safety deficiencies of the facility. The order was for the facility management and construction center out ·of Albuquerque to provide adequate space to meet the enrollment and educational program needs. The cost for this emergency was $9 million. The FMCC out of Albuquerque provided the Courte Oreilles Tribe with $2.1 million. The need is $7 million to complete this project. Our Headstart building, $800,000 request.· In addition to the emergency with the unhoused elementary school students, we have a similar health and safety problem with our pre-school students and our Headstart. The building maintenance costs will continue to rise because of the ages of the facilities and they are much too small, resulting in severe overcrowding. We, in fact, must turn away kids from participating in our Headstart programs. We all know how important it is to provide an early educational experience for pre-school children, and our kids have been denied that critical experience because of poor conditions in these facilities.We need these funds to ensure that all our kids can receive a pre- school education. Our water and sewer system, we are asking $6.5 million. We lack adequate water and sewer systems in 15 of our communities. Most of the homes in these communities have drain fields which are failing and are now polluting·the ground water. We can connect these homes to a nearby modern waste water treatment plant, but we need the funds to do so. Mr. REGULA. Where are you located? Ms. DIAMOND. We're located near Hayward, Wisconsin, about 80 miles south of Duluth. One community will not be able to connect economically to this treatment plant and will need its own-system. This community also needs to remove the·asbestos water pipes which were put in service over a decade ago. These infrastructure problems need to be taken care of before- Mr.· REGULA. Are these all on the reservation? Ms. DIAMOND. Yes, all on the reservation. We need to take care of them before we can begin to even help our people before more serious health problems arise. 409 Mr. ISHOM. On the Great Lakes Indian Fish and Wildlife Com- mission here, the Courte Oreilles Band supports the administration's proposed Fiscal Year 1998 funding level of $3,548,000 for the Intertribal Self-Regulatory Systems which implement off reservation hunting and fishing. Mr. REGULA. Do you have fishing on your reservation as well as off? . Mr. ISHOM. Yes, we do. Mr. REGULA. And do non-Indians use your reservation facilities? Mr. ISHOM. Yes, they do. Mr. REGULA. Do you charge them anything for this? Mr. ISHOM. No. Mr. REGULA. And is this all sportfishing? Mr. ISHOM. With the non-Indians, yes. Mr. REGULA. But for the Indians, do they do commercial or at least subsistence fishing? Mr. ISH0M. No, we don't do commercial fishing, the Courte Oreilles. Mr. REGULA. But you do subsistence fishing? Mr. ISHOM. Right. . Mr. REGULA. And hunting, probably the same thing? Mr. ISHOM. And, also, we just-in the Mille Lacs treaty case in Minnesota, we just won that case over there, and we'll be implementing treaty rights in Minnesota, and we want to go on record in support of the Great Lakes Indian Fish and Wildlife Commis- sion's request for an additional- Mr. REGULA. Did this case give you access to some more lands since it's-you said treaty rights? Mr. ISHOM. We ceded-in the ceded territory, comprised of three States-Michigan, Minnesota, and Wisconsin-we've been implementing the treaty rights in Wisconsin and Michigan, but Min- nesota is a different district. Mr. REGULA. Okay.- Mr. ISHOM. And back then there were no States. So we want to be able-well, that was basically our case, that we can hunt and fish in the whole ceded territory, but we had to go to the different courts. Mr. REGULA. Right. Mr. ISHOM. So the add-on for that is $95,330 to help implement those rights. Ms. DIAMOND. The law enforcement, we're requesting $1.6 million. Crime on our reservation has continued to rise and becoming intolerable. Yet, State and county funds continue to decline. Mr. REGULA. Is this crime Indians or non-Indians, or both? Ms. DIAMOND. Our tribal members. Mr. REGULA. Tribal members. Okay. Ms. DIAMOND. Drug use and availability is rampant, and gang violence has skyrocketed in the last five years, resulting in the tribe taking the only responsible action available, and that is retro-session. In order to combat crime on our reservation, we need to set up a staffed reservation law enforcement department to address crime against individuals, but crimes against our own environment as well. The tribal court must have a proper jurisdiction to properly 410 handle these crimes, which means staff, ordinance development, and retention capabilities. Indian Health Service, we're requesting $500,000. Our contract health program is not currently providing the level of health care that has been ,Promised to us through our treaties. We will need an additional $250,000 to keep our services at the current level, which is still not adequate to meet the needs of some of our seriously ill people. Recognizing that there is an opportunity to reduce future costs by using University of Wisconsin physicians, we are requesting $250,000 to be placed in our budget to start a tele-medicine program. This program allows us to use current technologies to access specialists within the University School of Medicine to diagnosis and maintain treatment of our severely ill patients. This lowers costs by reducing outpatient visits and saves travel cost of seriously ill patients and their families. I thank you for your time. Mr. REGULA. Thank you. We're especially glad to see you since you're last. [Laughter.] [The information follows:] 411

Pride 0/The Ojibwa Roule 2 • Box 2700 Hayward.WI 54843 (715) 634-8934 • FAX 634-4797

TESTIMONY OF MARGARETE. DIAMOND CHAIRPERSON OF THE LAC COUIITE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS TO THE HOUSE SUB COMMITTEE ON INTERIOR AND RELATED AGENCIES REGARDING TRIBAL APPROPRIATIONS FOR FY 98 RAYBURN HOB B-308 WASHINGTON, D.C. THURSDAY, MARCH 6, 1997

The Honorable Ralph Regula, Chairman of the House Sub Committee, and all distinguished Congressional Members, we send our greetings and wish you the best of health for the coming years. We are here today to ask your assistance in meeting some of our most urgent unmet needs and to fund a corrective action that was authorized in the 97th Congress S-1890 yet compensating appropriations never occurred.

INDIRECT COST $985.623

Early in 1981, the Tribe had to use the administrative set-aside portion of our Indian Claims Judgment award to off-set a serious deficiency. at our local bank. This problem was created by the lack of adequate federal funding to provide enough contract support dollars to cover the administrative costs of managing federal contracts and grants.

On December 9, 1981, U.S. Senator John Melcher, at a hearing before the Select Committee on Indian Affairs, United States Senate, 97th Congress, 1st Session S-1890, on authorizing the Secretary of the Interior to disburse certain Trust Funds said "it is not something we like to see, that you are stuck with this, having to settle out of Judgment funds".

Yes, we used a part of our own judgment award to fund the lack of adequate federal administrative funds and to this day we have not been reimbursed for this support.

We again request reimbursement of $450,000, plus interest and allowances for inflation, to compensate our Tribe for fully funding federal administrative requirements in 1981. In 1998 it will be J 7 years since we funded Federal Administrative costs without compensation. 412

EDUCATION $7:,049.785

Our Tribal elementary school buildings were condemned by the Assistant Secretary of the Interior on May 9, 1996 due to the poor conditions of the facilities w~ich constituted hazardous health and. ~ety occupancy for our young students.

The Bureau of Indian Affairs was required by the Secretary to "provide adequate space to meet the enrollment and educational program needs" on an eme1"3ency basis. The cost associated with meeting this ememncy need was estimated by the Bureau's Facility Management and Construction Center to be approximately $9.0 million. The result of the condemnation and the order to provide adequate space resulted in only $2.0 million being provided and is simply unconscionable.

Our children are jammed in hallways and cramped in partitioned areas of the cafeteria used as temporary classrooms until construction is completed. We need the additional $7,049,785 to adequately take care of our 450 unhoused elementary school students as estimated by the Bureau of Indian Affairs to ensure a safe and hazard free educational facility.

HEADSTART $813.531

Impacting positively upon the lives of over 1,000 Tribal Members for over 32 years, Lac Courte Oreilles Head Start has provided quality comprehensive child development programs. A culturally and developmentally-appropriate rich curriculum, supportive staff-parent. interactions, approved staff qualifications and development, progressive administration and staffing are all elements that have developed to maturity. However, the deteriorating physical environment and serious health and safety issues continue to challenge the ability to meet all Head Start, state and local facility requirements. To maintain compliance in the successful areas of programmatic objectives and goals, the inadequate facilities must be replaced with a new facility with approximately 9,423 square feet of space·estimated to cost $706,725 for construction with an additional cost of $106,8_06 for furniture, equipment, and materials for six (6) classrooms and supporting offices, storage, and other child development related space requirements.

HEALTH $500.000

We are requesting this amount to meet the current needs of our Contracted Health Services of our membership and to establish a telemedicine program with the University of Wisconsin Medical School.

With continuing increases in costs and a rapidly expanding Tribal· population, the Tribal· health care delivery system will not be able to provide quality health related . services. We anticipate needing $250,000 to keep pace with rising costs in 1998 and $250,000 to establish a model telemedicine program. This program decreases overall costs by using specialists at the University Medical School via telecommunications for diagnos1s and treatment of complicated medical conditions instead of sending patients out of the area to specialty clinics. We live in a remote area. 413

WATER & SEWER. $6.523.000

In most of our Housing communities, we are experiencing a lack of sufficient water. In the largest community, the pumps run 23 hours continuously. The cost to upgrade this particular system is estimated at $403,000.00 and the other two major communities are estimated at $220,000.

In two (Z) of our communities the water distribution system was constructed with asbestos water pipe. The estimated replacement-cost is $400,000.

All of the communities, except one (1) have individual ~ainfields, and a majority of these are failing. We need to connect and install sewer lines to the Waste Treatment Plant and construct a treatment facility in the outlying New Post community. Indian Health Service has estimated that this will cost $5,500,000. We are in desperate need of funds for adequate water and sewer infrastructure issues especially for health concerns.

LAW ENFORCEMENT $600.000

The Lac Courte Oreilles Tribe is requesting additional recurring funding from the Bureau of Indian Affairs in the amount of $600,000 to establish a Tribal law Enforcement program. These funds will be used to establish a Tribal Police Department after full retrocession of law enforcement functions from the State of Wisconsin occurs later this year. Requested funding will be used to hire a Chief of Police, three (3) deputies, and to purchase and outfit three (3) patrol cars, as well as ensuring that adequate funds are available to develop and establish all the necessary legal codes and facility plans.

Law enforcement at Lac Courte Oreilles is presently one of the Tribe's greatest needs. Since police jurisdiction was given to the State during the l 960's under Public Law 93- 280, crime on the reservation has increased steadily while County and State resources have not kept pace. The level of crime on the Reservation is due in large part to drugs and gang violence which has skyrocketed in the past five (5) years. During 1993, the membership of the LCO Tribe supported criminal and civil retrocession from the State of Wisconsin. The Tribe is now in the process of moving forward with plans of action as soon as feasible. Funding for the Tribal Police Department is vital to public safety and the future development of the Lac Courte Oreilles Tribe and Reservation.

NATIONAL RESOURCES AND CONSERVATION $500.400

The Lac Courte Oreilles Reservation consists of 76,464 acres and lies in the upper Chippewa River Basin of Sawyer County in Northwest Wisconsin.

Of this land base 36,500 acres are lakes and streams and 23,960 acres are located outside of the Lac Courte Oreilles Reservation boundaries. This area consists of 266 miles of public roads, with 150 miles designated as snowmobile and A.T.V. access trails. These areas also include ceded territories which are patrolled, monitored, and stocked, etc., by a staff of 9 with 3 staff peoJ?le at ¾ time because of funding shortfalls. 414

Implemented programs consist of Water Quality; Fisheries; Wildlife, Parks, and Recreation; Environmental; and Rights Protection. We do not have enough personnel and equipment to adequately protect the environment and other natural resources of the Chippewa River Basin. We need these funds to protect the future of our coming generations. TRIBAL comrr $50QJ)OO The Lac Courte Oreilles Tribal Court exercises jurisdiction over civil matters pursued by or with Tribal Members.

In 1996 the Tribal Court processed an exhausting 123 new cases with a part-time Judge and a full time Clerk of Court. With the Tribe moving towards retrocession and the continuing increase in conservation regulation, we need additional personnel, training, expanded space, retention capability, furnishings, etc., beyond what is currently projected by the Bureau of Indian Affairs.

GREAT LAKES INDIAN nsH & WILDLIFE COMMISSION $3.548J)OO The Lac Courte Oreilles Band of Lake Superior Chippewa Indians also supports the Administration's proposed FY 98 funding level of $3,548,000 for the Great Lakes Indian Fish and Wildlife Commission. Our Tribe is a member of this organization and participates in intertribal self-regulatory systems which implement off-reservation treaty rights under federal court orders. Furthermore, the Tribe wishes to go on record in support of the Commission's request for an additional $95,330 to facilitate implementation of the recent federal court decision implementing off-reservation treaty rights in the 1837 ceded territory in Minnesota.

Respectfully submitted, ·/1~ ~i~on~Chai~rson LAC COURTE OREILLES TRIBAL GOVERNING BOARD 415

Mr. REGULA. We put in a long day. 1 Well, if anyone needs to be heard for any reason-I think we've covered everyone who's at le·ast on our list. [No response.] Okay, thank you all for coming. The tough challenge is to try to do all these things. The committee is adjourned.

40-073 97 - 14 416

Additional Testimony

Concerning ,

Indian Progra·ms 417

Overview of the State of the Indian Health. Service

The American Public Health Association (APHA), representing a combined national and affiliate membership of 55,000 public health professionals, is pleased for the opportunity to provide testimony regarding the FY 1998 appropriations for the Indian Health Service (IHS). While we have not submitted testimony for the IHS in recent years, we have had a close working relationship with the Agency through APHA's American Indian, Alaska Native and Native· Hawaiian Caucus and the participation of IHS and Tribal employees in many APHA activities. Since its formation in 1955, the IHS has indeed exemplified the efficiency and effectiveness of a comprehensive public health approach in improving the health· status of the American Indian and Alaska Native (Al/AN) people, and at a per capita expenditure level far under the national average. However, the APHA has great concern that this proud legacy is currently being threatened by a series of factors which are already compromising the IHS's- ability to achieve its goal of raising the health status of the Al/AN people to the highest possible level. Thus, we are compelled to bring these issues before this Committee and offer the insights and recommendations of the Nations largest, oldest, and most experienced and diverse public health organization.

Several factors have contribµted to the compromised situation the IHS is now facing. First, per capita funding for health services have declined over 15% (in constant 1994 ·dollars) since 1991. Superimposed on these significant reductions in resources has been the transfer of sizable portions of resources from the IHS public health infrastructure to the Tribes exercising their options of running their own health programs under the Self-Determination amendments. While we commend and support the empowerment of Tribes, it must be realized that this decentralized approach is more costly, particularly in the short run. In fact, most of the private sector health care industry is going in the other direction to control health care cost and gain economies of scale.

The result of the IHS simultaneously losing· both per capita funding and economies of scale is the fragmentation of its public health infrastructure. Specifically, 'the IHS ·has lost approximately 50% of the health program support staff at Areas and Headquarters over the last four years. In addition, reductions in some important services to Al/AN people are now apparent. The APHA is gravely concerned 418 that the mission of the IHS is now seriously c9mpromised. This statement is not hyperbole, but one that comes: from the painful observation of similar declines in public health Pfgrams around the country when the public health infrastructure h;as been stretched beyond its resiliency to recover.

Evidence of Declining Public Health Capaci!ty

Corroborating this pattern of declining capability ,I in last October's issue of our publication the American Journal of -Public Health, Dr. Stephen Kunitz provided a concise and insightful! overview of past and recent history of the Indian Health Service, and the effects of the transition to Tribal management with inadequate funding. Dr. Kunitz offered:

...... to transfer money to tribes, the India~ Health Service is having to shed personnel, creating the vrry real risk that important public health functions will no lo7ger be able to be carried out.

...... Thus, while some very important probfems remain, it is clear that, overall, the Indian Health Servjce has contributed significantly to the improvement of Indian fealth. I The question is whether it will be able to cohtinue to do so, or whether the new health care delivery 1~ystems that are replacing it will be similarly successful. I It seems unlikely that they will, for the increasing costs of ~ealth care in the face of stagnant budgets will probably mean that clinical functions will be protected as best they ; can while public health and prevention programs are retrenched.

Unfortunately for the AI/AN population, Dr. Kuriitz's assessment" of the current situation of the IHS appears to be painfully true. The IHS reports that preliminary trend analyses show that while total outpatient visits, and hospitalization and medical/surgical follow-up have grown steadily with the population, other important services are on the decline including:

• a 23 % decrease in well child services since 1991 a 14% decrease in physical exams since 1994 a 16% decrease in dental clinical productivity and an 18% decrease in access to dental care since 1994 419

a 50% reduction in water fluoridation compliance since 1991

Compounding these trends is an apparent continuing rise in the pi:evalence of diabetes in the Al/AN population which will add even more to the burden of needed services (both treatment and preventive). These are very real warning signs that the improvements in health status of American Indian and Alaska Native people realized over the last several decades are at risk of being lost, and probably are already in decline. Furthermore, the loss of infrastructure could disrupt the ability of the IHS to collect and/or compile adequate health-related data to even be able to know what is happening relative to health in Indian Country. Therefore the APHA offers five recommendations to counter these discouraging trends, based on s,)11nd public· health principles and in the most cost- effective manner. Before presenting these recommendations we would like to briefly outline framework which underlies the principles of public health and the recommendations we offer.

Essential Core Functions of Public Health

In 1988 the · Institute of Medicine (IOM) published the seminal report, The Future of Public Health, which described· the fragmentation and steady decline in resources supporting the public health infrastructure as a serious threat to the nation's health. The report identified three core functions; assessment, policy development, and assurance as critical to public health success. In brief, the IOM describes these core functions as follows:

Assessment The committee recommends- that every public health agency regularly and systematically collect, assemble, analyze, and make available information on health of the community, including statistics on health status, community health needs, and epidemiologic and other studies of health problems.

Policy Development The committee recommends that every public health agency exercise its responsibility to serve the public interest in the development of comprehensive public health policies by promoting the use of the scientific knowledge base in decision-making about public health and by leading in developing public health policy. Agencies must take a 420

strategic approach, developed on the basis of positive appreciation for the democratic political process.

Assurance The committee recommends that public health agencies assure constituents that services necessary to achieve agreed upon goals are provided, either by encouraging actions by other entities (private or public sector), by requiring such action through regulation, or by providing services directly.

The committee recommends that each public health agency involve policymakers and the general public in determining a set of high-priority personal and ·community-wide health services that governments will guarantee to every member of the community. This guara~tee :should include subsidized or direct provision of high~pri~l~ity , pe'fonal health services for those unabl,e ~o afford them. :, :': ·, The IHS appears to be experiencing similar fragmentation of its public health inftastructure as described by the IOM, and is struggling to maintain these core functions. The APHA believes that relatively modest care(ully selected increases in the proposed budget can bolster the sagging capacity of the IHS to accomplish these core functions.

Recommendations for Core FuIJction Capability

As a starting point it is essential to shore up the Area and Headqu~rters public health infrastructures which have been hit hardest by effective budget reductions ~nd the transfer of funds to Tribes. As mentioned earlier, while decentralization and local empowerment are certainly desirable, studies have shown that it is extremely difficult for public health programs! serving less than 50,000 to successfully accomplish the public heflth core functions, and the overwhelming majority of programs in the I IHS are much less than 50,0Q0 people. The APHA believes it is 1essential to restore capability at the Area and Headquarters ' level to support the accomplishment of core functions, particularly for the Tribes still being served by the IHS directly.

The proposed FY 1998 "direct operations" budget which funds the Area and Headqua~ters core function capability, is actually being reduced by $2.65 million. The APHA believes this cut represents a 421\.

DIVISION OF GOVERNMENT AFFAIRS 1225 EYE STREET, NW #1250 WASHINGTON, DC 20005 202/371-0500

Statement of the American Dietetic Association On the FY 1998 Appropriations Legislation For The Indian Health Service

before the House <;ommittee on Appropriations Subcommittee on the Interior

March 6, 1997

The American Dietetic Association (ADA) appreciates the opportunity to testify at these hearings on the Fiscal Year 1998 Appropriations for the Indian Health Service (IHS). The ADA is the world's largest organization of food and nutritionat' professionals with nearly 70,000 members who serve the public through promotion of optimal nutrition, health and well being. Over 80 percent of all registered dietitians work in health care delivery, including hospitals and HMOs, long-term care facilities, clinics and physicians' offices. Registered dietitians are also an integral part of the IHS and offer professional and managerial services through a variety of programs implemented by the agency. Our testimony will touch on several issues related to the funding needs of IHS nutrition related programs and offer specific recommendations for how those programs might be improved.

The various nutrition programs under the IHS's domain have had a tremendously positive impact on the native American population since their inception. Unfortunately, in recent times, these programs have not kept pace with fundamental changes that have occurred in this population. Some of these changes have been quite dramatic. For example, over the past three decades, the nutritional health of American Indians/Alaska Natives (AI/AN) has significantly changed from morbidity and mortality associated with infectious diseases to chronic diseases associated with obesity. While protein calorie malnutrition and nutrient deficiencies were found prior to the l 970s, American Indians now suffer from a high prevalence of obesity throughout the population. This is a serious problem that is especially troubling for the 40 percent of all AI/AN children who are overweight. As the committee is well aware, obesity is a key risk factor for two of our most deadly and serious health care cond~tions, cardiovascular diseases and Type II diabetes. From 1990-1992 the diabetes mortality rate for American Indians was 2.5 times that of the U.S. general population, while heart disease mortality rates are higher in many areas of the country. 422

Knowing how best to respond to these changes in AI/AN health conditions is difficult since there is incomplete or limited information on the population's nutritional status, the nutritive values of native foods, their present dietary patterns, and little information on their awareness about nutritional aspects of disease and health. Standard surveys that could gather such information such as the National Health and Nutrition Examination Surveys (NHANES) -- do not include AIiAN in the representative sample, and only limited research has been done on selected age groups or tribes.

These findings illustrate two problems. First, overweight and nutrition-related chronic diseases disproportionately affect AVAN. Second, despite commendable improvements in health status related to infectious disease and prenatal care, the IHS does not have the resources to adequately monitor or address the nutritional health of its service population.

The IHS Nutritional and Dietetics Section was created over forty years ago. Then as now, the strength of the Nutrition Program is the integration of culturally, sensitive services within a multi- disciplinary professional, paraprofessional, and citizen network. All nutrition professionals in !HS-direct and tribally managed programs must possess and maintain current registration with the Commission on Dietetic Registration of the American Dietetic Association, and we find this a commendable standard for maintaining the highest quality nutrition services.

The Nutrition Program goal is to promote and provide the highest possible quality of culturally competent nutrition services that emphasize promoting health, preventing disease, restoring health, and maintaining health. In Nutrition Programs funded by the IHS, there is continuity in service from hospital meals and inpatient medical nutrition therapy (MNT), to ambulatory MNT to community nutrition services through various IHS and other federal, state, and local programs, e.g. WIC, Head Start, etc. This continuity in nutrition services is unparalleled, intrinsic to the nutrition programs of the IHS, and beneficial to AI/AN. Over the past half-century a network of technical experts and leaders and local nutrition professionals have provided culturally specific nutrition information and services that are compatible with cultural practices and available food.

However, the ADA is concerned that the availability of nutrition services at the local level is insufficient to address the critical need for medical nutrition therapy to prevent overweight and improve diabetes control in this high-risk population. Government downsizing and restructuring has contributed to a reduction of necessary staff both within IHS Headquarters and among the Area nutrition offices. Nutrition staff in these areas are needed to adequately provide consultation and technical assistance, national oversight, culturally competent orientation and training, and direction through centralized leadership and management. Yet recent staff reductions have seriously compromised the ability IHS to deliver these important services.

ADA is concerned that the public health nutrition infrastructure has decreased at a time when the nutritional challenges have increased. Funding transfers from the IHS Headquarters and Areas to self-determination tribes have decreased supp~rt for public health nutrition infrastructure. While the ADA supports and encourages the growth of self-determination of tribal programs, it is critical that Congress recognizes that unless funding increases, the growth in professionals 423

needed to respond to obesity and diabetes and the ability of Area and Headquarters staff to provide culturally competent orientation and training and to provide MNT and prevention interventions cannot be realized. We suspect that tribes electing to maintain !HS-direct services have been adversely impacted.

Therefore, the ADA recommends that Congress assure that the IHS Nutrition Program have the resources and mandate necessary to establish and maintain a culturally-competent and capable public health nutrition infrastructure. We believe that additional funds should be specifically earmarked to this Program to assure adequate resources to improve services, especially obesity prevention interventions and MNT for individuals with diabetes.

We commend the Congress for including the AI/AN-specific Healthy People 2000 objectives in the Indian Health Care Improvement Act (P.L. 102-573) and encourage the inclusion of appropriate objectives including improvements in healthy weight status and diabetes outcomes in ·upcoming re-authorization legislation. However, for the IHS to achieve and measure the health improvement objectives, we believe Congress should strongly consider the following. First, additional resources should be provided for the prevention, treatment, and monitoring of nutrition-related conditions and chronic diseases. Second, provisions should be enacted to encourage tribes to help monitor these health objectives. Additionally, we urge Congress to provide additional resources to improve staffing levels for public health infrastructure and nutrition services in !HS-direct and tribally managed programs.

Based on informal discussions with the IHS nutritional section, it appears that an estimated $13.5 million in additional funding would significantly improve the provision of needed nutritional services and help meet the goals delineated above. ,

There are many immediate needs that these additional funds could help address. For example, such moneys could help expand nutrition services to additional segments of the AI/AN population annually and help support the public health nutrition infrastructure. A portion of these funds could also be appropriately directed toward providing currently unavailable vital information to assist in developing and measuring health promotion and disease prevention interventions for AI/AN.

We also recommend that the IHS, in coordination with the National Center for Health Statistics of the Centers for Disease Control and Prevention, develop a nation-wide health and nutrition examination survey model for use on federally-recognized Indian reservations. This'project would help address the current inadequacy of data related to the nutritional health status of this population. We urge Congress to consult closely with the IHS Nutrition and Dietetics section in developing this survey instrument.

Another area of concerns relates to the lack of available funding for student loan repayments for IHS nutritional professionals. In response to our request for information from IHS, we learned that very few loan repayment awards are received by nutrition professionals due to designations set for other health discipline categories. We believe that loan repayments should be increased in 424 order to encourage nutritional professionals to locate to the isolated areas where their services in greatest need.

Throughout the history of the United States of American, American Indian and Alaska Native peoples have been an integral p~ of the American character. Against the odds, these people have endured. Tribal America has brought to this country certain values and ideas, as well as many native foods, that have become a part of the general American culture. We look to the past and see the many contributions of Tribal America, but today we see the many health challenges fa~ing American Indians. It is unfortunate and discouraging at a time when preventing obesity is so desperately needed and when research clearly demonstrates the efficacy of MNT to decrease the morbidity of diabetes that the IHS public health nutrition infrastructure is eroding. The American Dietetic Association is committed to doing everything possible to work with the IHS and Congress to improve the nutritional health of American Indians and Alaska Natives and to assure that cost-effective interventions are established and performance outcomes are measured.

ADA thanks the committee for this opportunity to submit testimony.

#### 425

TESTIMONY OF NORINE SMITH EXECUTIVE DIRECTOR INDIAN HEALTH BOARD OF AMERICA ONTHE FISCAL YEAR 1998 INDIAN HEALTH SERVICE BUDGET MARCH 7, 1997

Chairman Ralph Regula and distinguished members of the House Appropriations Subcommittee on the Interior and Related Agencies, I wish to thank you for the opportunity to submit written testimony on behalf of the Indian Health Board of America (IHBA), formerly known as the Indian Health Board of Minneapolis. My name is Norine Smith , I am an enrolled member of the Red Lake Band of Chippewa Indians. The IHBA supports the budget request submitted by the Indian Health Service (IHS) for Fiscal Year 1998. In particular, IHBA supports the following points: (1) $24, 768,00 for Title V -Urban Indian Health Program appropriations for ongoing support plus the $3 million recommended for program upgradesby thte Northwest Portland Area Indian Health Board; (2) the inclusion of the 34 Urban Indian Health Programs under the IHS/HCF A Memorandum of Agreement that could allow UIHPs to bill at 100% ofFMAP for primary healthcare services delivered to Medicaid beneficiaries; (3) IHBA supports the elevation of the Director ofIHS to the level of the Assistant Secretary ofDHHS; (4) IHBA lends its support to the FY98 IHS budget recommendations submitted by the National Indian Health Board and the Northwest Portland Area Indian Health Board; and (5) IHBA strongly urges reinstatement of $5,000,000 earmarked for Traditional Health programs into the IHS budget for FYI 998.

Background:

The Indian Health Board of America is a newly created parent corporation which provides the administrative oversight and development for its three subsidiary corporations, the Indian Health Board of Minneapolis (IHB), COPE II-the property management arm for IHBA, and the Red-Tailed Hawk Healing & Training Center (RTHHTC). The RTHHTC is a new corporation aimed at the delivery of traditional American Indian healing practices that incorporates Allopathic and Complimentary Health care delivery that fosters healthier lifestyles to improve the health status of American Indian and Alaska Native communities-both reservation and urban. The development of this new corporate structure took place over the last two years due to the board's recognition of external environmental changes that wµl a great impact upon the patients and community served by the former IHB. The challenges that face IHBA are a direct result of the healthcare reform and Welfare reform policies adopted at the state and federal levels. I have listed some facts about IHB, a comprehensive community-based primary healthcare center located in the Phillip's Neighborhood of Minneapolis, Minnesota: ! IHB served approximately 10,000 patients in 1996 ! 74% ofIHB patients are American Indian or Alaska Native; ! Since 1990, IHB was designated as a Federally Qualified Health Center reimbursed at full cost of services delivered to Medicai

These facts illustrate. the dependence of UIHP clinics on Medicaid reimbursement to offer services beyond the scope of the IHS funds allocated to IHBA. IHB has served this community since 1971 and continues to expand its services to meet the needs of its patients. IHB is in its fourth three year term of Joint Commission on Accreditation of Healthcare Organizations (JCAHO). This accreditation is an external review that validates IHB' s status as a high quality provider of ambulatory care services that also demonstrates appropriate fiscal ______! Indian Health Board of AmericaTestimony: House Appropriations Subcommittee on Interior and Related Agencies-lHS FY98 Budget 426

management. IHB is recognized as the best run UillP in the country. This background information is offered to assure you that IHB is not a floundering clinic unable to make the transition into the managed care arena. In fact, IHB has been a primary care provider under managed care healthplans since 1986. IHB and its board of directors has sought every potential resource to maximize revenue through reimbursement for services to patients with third party coverage. As a result of Welfare Refonn, TANF Act and the Minnesota version-the MN Family Investment Program, clinics like Indian Health Board of Minneapolis will serve a 90% uninsured population. This translates into an overall reduction in services of almost 50% ofIHB's current level of service delivery due to the expenses of service delivery, loss of third party revenue, and projected flat budget projections for lliS Title V appropriations in the coming years.

Today, IHB is a primary care provider with four different healthcare plans in the metropolitan Twin Cities area. However, given that the state of Minnesota is responsible for rate setting there is little room for IHB to negotiate favorable rates, the clinic must accept rates offered by the healthplan if it wants to receive any Medicaid reimbursement for services rendered to healthplan patients. Low rates are better than no rates or reimbursement for the patients we serve. The Medicaid reimbursement supports IHB's operating budget as the second largest source next to rns. More importantly, the reimbursement allows IHB to provide funds to the uninsured;· Forty-one percent ofIHB patients and their children have no resources to pay for their services and are reliant upon IHB for medical, dental, and mental health services. Therefore IHB must seek long-term solutions to enable the clinic to continue services to tribal members in the Twin Cities. IHBA requests support for the IHS FY98 Title V-UIHP- appropriation at $24,768,000. IHBA also requests inclusion of the UIHP clinics under the Memorandwn of Agreement between HCFA & IHS to allow Medicaid reimbursement at 100% ofFMAP.

IHBA also supports the elevation of the Director of Indian Health Service to the level of Assistant Secretary of DHHS. ·The rns is the largest funded agency to addresses American Indian and Alaska Native concerns. It encompasses a vast array of services to Indian communities across this country. Unlike many of the agencies within DHHS, rns provides a significant level of direct healthcare services to Indian people on reservations and in urban settings. It contracts with Tribal and urban healthcare providers to deliver primary care services in fulfillment of Federal Treaty Obligations promised in exchange for millions of acres of land and natural resources ceded by sovereign Tribal nations. Healthcare and Welfare policy reform was made without advance consultation with rns, or the sbo+ Federally Recogniz.ed Tribes the agency serves.. Given the longstanding commitment via the Government-to-Government relationship between the US Government and sovereign Tribal Nations, the Director oflliS should be elevated (minimally) to the level of Assistant Secretary in DHHS. This action would allow lliS and its representatives greater ability to represent the interests of the Tribes in relationship to states. States do not respect or honor the Treaty Obligations, In Minnesota and other states, Tribes as well as Urban programs were not involved in the development of the Medicaid Waivers submitted to HCFA for approval. HCFA was not aware of the impact of this waiver on Minnesota 1/f/Us until numerous attempts between IHB, Tribes and Minnesota's Department of Human Services failed. IHB sponsored a delegation from Minnesota to meet with HCFA officials in Baltimore to discuss the impact of the proposed 1115 waiver on the delivery of services by lliS/fribal and Urban Indian Health Clinics in Minnesota. Therefore IHBA supports the elevation of the IHS Director to the level of Assistant Secretary in DHHS to promote and maintain the Federal Trust Responsibilities to Tribes and their members.

The National Indian Health Board (NIHB) represents the interests of the Federally Recognized Tribes and their members. Tribal area representatives form the policy-making board of this organization. Given the relationship between sovereign Tribal Nations and Congress, positive change can only occur when Congress considers input from T,ribes in all policies and appropriatiolll! that affect them. NIHB and organizations such as the Northwest Portland Area Indian Health Board voice recommendations from "Indian Country" that address 2 Indian Health Board or America Testimony lo House Appropriations Subcommittee on Interior end Related Agencies FY98 427

these issues. IHBA joins in support of the NIHB & NPAIHB Funding Priorities for the IHS FY98 Budget and that funds be appropriated·for these priorities at the NIHB recommended level.

In its FY98 Funding Priorities, NIHB recommended $5,000,000 be appropriated for the development of Traditional Health Programs. This request was also voiced by ms in its appeal to following the passbackfrom the Office ofManagement & Budget. lliBA supports such appropriations so that "new" interventions may be developed based on traditional Indian healing practices and spirituality to improve the health status of American Indians and Alaska Natives. Adoption of"dominant society's values and lifestyle did not promote the health and well-being of Indian people. The AI1AN people continue to adhere to their Tribal cultures, several almost extinct in some parts of the country. Assimilation of Indian people into mainstream society was a long-fostered goal since colonial times, however, this only forced many cultural and spiritual healing practices underground to insure their continuation. Today, esteemed institutions such as Harvard University Medical School and the National Institute of Health's Alternative Medicine program are examining the role of spirituality and studying the appropriate uses of complimentary health practices. Government funded research recognized the important role of prayer and personal health beliefs in the recovery of patients from heart surgery and other life-threatening illness. Yet, the First Americans are not supported in our efforts to reclaim our traditional health practices nor is our spirituality recognized as a major component in our health. Please consider the five leading causes of mortality for Indian Country are: Disease of the Heart; Malignant Neoplasms; Accidents; Diabetes Mellitus; Chronic liver disease and Cirrhosis.

Theses causes of mortality can certainly be ameliorated, onset delayed, if not prevented ifa healthy balanced lifestyle fostered through adherence to traditional American Indian cultural and spiritual values is adopted. These values elevate the individual from the captive or ''victim" mentality through acceptance of personal responsibility for one's self and family. Unlike the dominant culture which grants value or worth after accomplishment, traditional culture teaches the value of all living things on the planet. We all have value and worth, therefore are worthy of respect , and contribute to life, the community, and the nation. It is recognized that traditional values focus on harmony which can be achieved when all quadrants of life are in balance: the physical, mental/emotional, environmental, and spiritual. A comprehensive Traditional Health Program could accomplish health and harmony for its patients when they adhere to such a lifestyle plan.

I have witnessed such outcomes in the lives of family members, friends, associates, as well as in myself. I have overcome tremendous personal and professional adversity in the past seven years. My personal physicians .and attorneys are amazed that I am still alive. It is from living through this ordeal with help from the Creator that I was encouraged to develop a model that incorporates Traditional American Indian Healing practices in conjunction with allopathic and complimentary medical care to achieve healing of the whole person; mind, body & soul.

The health status of Indian people will not improve under the current allopathic medical model. However, if a model which integrates traditional American Indian culture and complimentary health is added to this model in a balanced manner then true health can be achieved. Respect for these traditions requires respect for oneself: family, and all living creatures. The leading causes of death for Indian people are all linked to behavior, or lifestyle choices. If one returns to a lifestyle predicated on respect of all; it is a starting point to ameliorate some of the leading behavioral risk factors. A demonstration project which sets forth a model based upon traditional American Indian and Alas~ Native values was submitted to the ms at the Headquarters and Area level. In the current environment of health and welfare refonn, ifIndian Tribes and their members are to survive we must return or adopt these practices to promote self-efficacy. Yes, today Indian life expectancy has grown to compare with the US general population, however, lets l~k at the qualicy of life which is far below that of the American 3 Indian Health Board of America Testimony to House Approprlatlona Subcommittee on Interior and Related Agencies FY98 ' 428

society. Allow Indian Country to draw upon its own traditions and culture to heal ourselves and our communities. Titis can be accomplished through appropriation of funds for development of Traditional Health demonstration programs. IHBA supports the NIHB and IHS recommendations to allocate $5,000,000 in the FY98 IHS Budget for the development of Traditional Health Programs.

There is one last concern to be addressed. It concerns the actions of the last Congress. Congress eliminated key language which prohibited IHS from billing Indian users for services at IHS facilities within the Administrative Provisions in FY97 Interior Appropriations Act. Removal of this language conflicts with the Federal Trust Responsibility of the United States to sovereign Tribal Nations. IHBA opposes Means Testing to detemtine eligibility for IHS services by enrolled tribal members or their descendants. IHS services or any other services guaranteed through treaties must be continued. American Indians and Alaska Natives are not voluntary immigrants but the First Americans. We should not have to beg for services already prontised in exchange for Tribal Lands and resources of immeasurable worth that continue to contribute to the wealth of this nation .. IHBA opposes Means Testing and requests that language removed which prohibited IHS from Means Testing or billing its beneficiaries in the FY97 Administrative Provisions in the Interior Appropriations Act he restored to the FY98 Interior Appropriations Act.

The Indian Health Board of America seeks support from Congress for the budget subntitted by the Indian Health Service especially the items identified by NIHB/NP AIHB/IHBA as funding priorities. Historically Congress not States had the authority and the responsibility to craft Indian policies. Yet, there appears to be a subtle movement to delegate this responsibility to States. Tribes were sovereign nations long before the States were adntitted to the Union, or before the colonist arrived. IHBA respectfully requests Congress consider the following recommendations:

• IHBA requests support for the IHS FY98 Title V-UIHP- appropriation at $24,768,000. IHBA also requests inclusion of the UIHP clinics under the Memorandum of Agreement between HCFA & IHS to allow Medicaid reimbursement at 1()()% of FMAP. • Therefore IHBA supports the elevation of the IHS Director to the level of Assistant Secretary in DHHS to promote and maintain the Federal Trust Responsibilities to Tribes and their members. • IHBA joins in support of the NIHB Funding Priorities for the IHS FY98 Budget and that funds be appropriated for these priorities at the NIHB recommended level • IHBA supports the NIHB and IHS recommendations to allocate $5,000,000 in the FY98 IHS Budget for the development of Traditional Health Programs. • IHBA opposes Means Testing and requests that language removed which prohibited IHS from Means Testing or billing its beneficiaries in the FY97 Aministrative Provisions in the Interior Appropriations Act he restored to the FY98 Inte~or Appropriations Act.

I thank for you the opportunity to subntit written testimony.

4 Indian Health Board of America Testimony to House Appropriations Subcommittee on Interior and Related Agencies FY98 429

TESTIMONY TO BE INCLUDED IN THE HEARINGS

I. INTRODUCTION

A. History

The Muscogee (Creek) Nation is a federally recognized Indian Tribe and its National Council is the duly recognized governing body of the Muscogee (Creek) Nation.

The Muscogee (Creek) Nation's tribal headquarters is located in Okmulgee, Oklahoma, a city approximately 35 miles south of Tulsa, Oklahoma. '

The Muscogee (Creek) Nation is one of the largest federally recognized tribes within the United States and the third largest in the State of Oklahoma. The tribe's jurisdictional area covers approximately 3.2 million acres (5,000 square miles) within portions of 11 Oklahoma counties. The following counties are served by the Creek Nation: Creek, Tulsa, Wagoner, Rogers, Mayes, Okmulgee, Muskogee, Okfuskee, McIntosh, Seminole, and Hughes.

The National Council has, by Tribal ordinance, established as an independent authority of the Muscogee (Creek) Nation a Health Systems Board for the purpose of providing functional and administrative management of all Muscogee (Creek) Nation health services programs.

The Division of Health Administration administers the Creek Nation's comprehensive health care system, which includes four ambulatory medical clinics, tribal dental program, 34-bed, community-based hospital with 24-hour Emergency Medical Services (EMS) open to the general public, a Behavioral Health Department, Health Education Services, the Elderly Nutrition Program (ENP), the Community Health Representatives program (CHR), a community outreach program, and the Creek Nation's Women, Infants, and Children (WIC) Program, a program providing nutrition counseling and food vouchers to eligible women and children at nutritional risk.

It is the policy of the Indian Health Service (q:IS) to support tribal Self- Determination to achieve self-sufficiency and it is the desire and intent of the Muscogee (Creek) Nation Health Systems Board to administer the resources and programs provided by the IHS as authorized by P.L. 93-638, as amended, and associated applicable federal laws and regulations.

/ 430

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The Muscogee (Creek) Nation desires to exercise its right as a sovereign government to achieve full tribal self-detennination and self-sufficiency. The Secretary will support and assist the Tribe in carrying out services and -in developing its capacities in any manner appropriate to its model agreement and annual funding agreements. It is the intent of the parties to the agreement to transfer to the Tribe all authorities and responsibilities authorized pursuant to the Indian Self-Detennination Act and other allied statutes and regulations, and to enable the Tribe to exercise maximum discretion in the design, conduct and administration of programs and budget in accordance with policies of the Tribe and applicable Federal law and regulations.

The Muscogee (Creek) Nation Division of Health Administration is the administrative authority for day-to-day direction and management of the tribe's health program. It is actively engaged in promoting wellness and providing health services for a service population of 45,000 IHS beneficiaries living within the geographical boundaries of the Muscogee (Creek) Nation. The Creek Nation Community Hospital is the only inpatient health facility for the Indian and non-Indian population of Okfuskee county. This county is designated as an under served health district by the United States Public Health Department.

The Creek Nation Community Hospital offers inpatient and outpatient ~ervices including general medicine, specialty clinic, general surgery, elective surgery, cardiac monitor, health education, behavioral health, radiology, laboratory, respiratory, and county wide 24-hour emergency medical services. The hospital's outpatient specialty clinics include eye screening/cataract surgery, treadmill, gastro-intestinal testing, internal medicine consultation, urology, and cardiology.

B. Recognition

The Muscogee (Creek) Nation deeply appreciates the measures that the U.S. Congress and the President has taken to allow Indian Tribes to develop health care systems that are more culturally sensitive to their service population's needs under P.L. 93-638. .

The Muscogee (Creek) Nation National Council has also recognized the need to properly organize the tribal health program by establishing, under Creek law 94-10, the health care system to be a non-political free standing agency by allowing an independent governing board to oversee the operations of the tribal ~ealth programs. 431

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C. Intent of Testimony

The intent of this testimony is to provide information that reflects a significant shortfall in operational expenditures funding for the'tribe's hospital inpatient and outpatient clinic operations.

The Creek Nation Community Hospital is a Oklahoma licensed 34 bed rural facility. Although. the hospital has adopted the policy of aggressively submitting claims for third party reimbursement from Medicare, Medicaid, and private insurance it can only supply funding for staffing and operations to treat 16 patients and limited in providing specialty clinical services to its members. In addition to our third party income and the increased IHS funding, the hospital can operate at full capacity by hiring needed staff, obtaining supplies & equipment, and procuring the much needed specialties for its clinics.

The history of the Creek Nation Community Hospital funding from IHS is that it has always been funded out of an incorrect funding source. Contract health service funding was designed to pay for health services that could not be obtained at the tribal health facilities. However, a portion of this resource has had to be used to provide support for the hospital's operations.

This decision by IHS has limited the services to the service population of the Creek Nation. To resolve this shortfall we are requesting that future operational funding for the Creek Nation Community Hospital be totally funded from the IHS Hospital & Clinics budget line item. The funding for Contract Health Services should continue to be funded from this IHS budget line item to meet the needs of the service population for outside specialty health care services which the Creek Nation Community Hospital is not able to provide.

Upon further assesmient of our citizen's needs it was found that the Creek Nation Community Hospital Indian ambulatory clinic has grown from 9,000 visits per year to 23,000 visits per year. To meet the growing needs of our people we are requesting to expand the clinical operations through the lease of a clinic facility directly adjacent to the Creek Nation Community Hospital. The cost of leasing the property will be born from available IHS appropriations funds and third party collections. 432

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II. TESTIMONY FOR FUNDING

The estimated annual required funding level for the Creek Nation Community Hospital is $10.8 million based on IHS resource requirements methodology (RRM). The IHS 85 percent funding based on the IHS RRM model should be $9.2 million. The Creek Nation Community Hospital is currently applying $5.1 million of available IHS appropriated funds to the Creek Nation Community Hospital to cover its inpatient and outpatient expenses. The.Muscogee (Creek) Nation requests the U.S. Congress to provide an additional $4.1 million in new resources on a recurring basis to the IHS for this purpose beginning in Fiscal Year 1998. ill. CONCLUSION

Our past and future relationship with the President, Congress, and IHS has been and will be beneficial to the Indian beneficiaries of the Creek Nation health programs because of our mutual goals to supply this tribe with the best health care as authorized under the Indian Self-Determination Act.

Since program operations commenced, funding from both line items Hospital/Clinics and Contract Health Services has never been identified correctly for the Hospital operations. In addition, cost increases over the years have occurred without additional resources being provided which has caused perpetual problems in Hospital/Clinics and Contract Health Service operations.

We would like to thank Congress for allowing us to present testimony to these health needs. 433

Testimony Submitted to the United States Bouse Subcommittee on Interior & Related Agencies

March 19, 1997

The Fort Defiance Hospital Steering Committee (FDHSC) hereby submits this written testimony to continue to communicate the acute need for replacement of the aging Indian Health Service hospital in Fort Defiance (NAVAJO NATION) Arizona. The architectural and engineering plans for a modem and fimctional comprehensive health care facility have been completed, at a cost of more than $4 million, but the project was "put on the shelf' during the Fiscal Year 1997 budget process. No fimds were approved to begin construction, despite the drastic needs that exist to improve the quality ofhealth care services for the Native American population of the Fort Defiance Service Unit. ·

Further delays will only result in continued inflation and escalation in cost of construction. In October 1996, the Indian Health Services estimated the total replacement cost at $116,413,000, which includes design and construction of staff housing.

This project is ranked at the first priority on the National Indian Health Services Construction Priority Llst for inpatient facilities. In addition, in June 1996, the architectural and engineering ( A/E) design phase accomplished by a joint venture firm based in Phoenix and Tucson, Arizona (Wyatt/Rhodes, Architects Inc., and Anderson DeBartolo Pan, Fluor Daniel). Consequently, the project is ready to proceed into the construction and we are pleased that President Bill Clinton has included a request for $25 million to initiate the construction process in his proposed FY 98 budget. We urge the members ofthe House Subcommittee on Interior and Related Agencies to consider at least this amount in FY 98 and commit the additional fimding necessary from future budgets to complete the construction, equipping, staffing and operation of the new facility. ·

The FDHSC appeals to the House Subcommittee on Interior and Related Agencies to take into account. The need, the investment in funding and effort that has already been committed and to take the project off the "shelf:" by considering the President's proposal and marking up the $25 million needed to begin construction ofthe proposed Fort Defiance Hospital The FDHSC and the Navajo Nation have been steadfast in their commitment to this project despite all odds and will continue to do evecything necessaiy to ensure that construction funds are appropriated. The FDHSC, as a community-based organization, has been striving to have this project recognized as an important endeavor now for nearly thirteen years. The fundamental purpose of this effort is to have improved health care provided to the residents of the Fort Defiance Service Unit.

The critical need to have a modem-day health care facility that will provide quality health care services for the population of this area remains a priority oftp.e FDHSC and the Navajo Nation. More than $4.8 million has already been spent for.the architectural and engineering design of the 434 facility. Additionally, there have been other investments, such as the funds the Navajo Nation Government expended to secure the 74.4 acres of land on which to build the facility along with staff quarters. Further, the Indian Health Service (IlIS) and the local school district have cooperated to in staff the off:.site necessary water and sewer lines. Through.om the past years, the FDHSC members have taken numerous trips to Washington, D.C., to personally seek support for the project. The Navajo Nation has supported the overall initiative by funding an office staffed with personnel who are responsible for administering and managing all relevant issues and objectives associated with the project.

_ Replacing the present hospital is vitally important to improving the health care delivery system for the Native American people of this area and so we respectfully request the support ofthe House Subcommittee on Interior and Related Agencies to mark up the funds required to at least implement the initial phase of the construction process.

The existing Fort Defiance Hospital is almost sixty years old. Since 1938, this facility has been the primary health center for the people of this area. Although every effort has been made to maintain the building through renovation and expansion, it is so old that parts of the exterior and the interior walls are starting to split. The building is made out of natural ~one and to repair the walls is very difficult. In years past, a sizable amount of money has been spent to maintain the facility so that accreditation by the Joint Commission for Accreditation of Health Care Organi7.ation (JCACHO) could be maintained.

In addition to the structural building deficiencies, another great inconvenience for patients and staff is that some of the outpatient services are located outside ofthe main.building. For example, the community health nursing (CHN) is located in a separate building across the street from the hospital. The CHN clinic provides care to children and elderly citizens and so access becomes a concern during inclement weather, especially during Winter months. Additionally, several of the departments and their functional layouts have encountered complications as renovations have been made to provide needed new services within the existing facility. For example, the outpatient clinic is located at the opposite end ofthe building from laboratory and radiology services. This creates a burden for patients, especially for elderly and physically disabled citizens, who have to walk a distance down a long corridor to receive services. The dental clinic is also located outside the main facility in a modular building with extremely limited space and inadequate ventilation, again this present's problems for patients and staff

The Fort Defiance Service Unit encompasses 1,842 square miles with a population of more than.29,000. The service area provides health care to 13 different communities, also known as chapters. At this time, the Fort Defiance Hospital operates a total of 49 inpatient beds. The Average Length of Stay (ALOS) in FY96 was 3.4. The Hospital Average Daily Patient Load (ADPL) in FY96 was 16.0. The total outpatient visits in FY96 were 78,287. The hospital admissions in FY96 were 1,724. The discharges in FY96 were 1,729. The -total ·hospital days in FY96 were 5,850. There has been a decline in data over the past_ several years could be due to the fact that the facility is just so tern"bly old that patients are seeking c·are at other facilities. The age ofthe facility also creates a

2 . 435 problem with attracting, recruiting and maintaining medical staff With less staff to provide services, naturally it affects the level of services. Another reason there may be a decline in data is that the Nursing Acuity Standards limits the number of admissions for patient care. Ideally, for a nurse to be effective in provision of care, he or she must see fewer patients. Consequently, to meet the acuity standards, fewer patients are being admitted. Additionally, with the existing hospital there is inefficiency of space. Presently, there is a total of 15 examination rooms and 12 triage rooms for providers, while the Fort Defiance Program of Requirements Document justifies a total of 54 examination rooms. Currently, providers do not have enough exam/treatment/triage rooms to effectively meet the demand. Each provider has only one ( 1) room in which to provide service when ideally they each should have at least three (3).

The proposed Fort Defiance Hospital will have 38 general inpatient beds and a new component, a 20-bed adolescent psychiatric unit designed to treat the emotional and psychiatric disorders that are prevalent among Native American adolescents ranging in ages 12 to 18. There is a critical need for psychiatric seivices to the youth ofthe Navajo Nation. Almost 50% of the Navajo Nation population is younger than the age of 18. There are many situations in which the young people experience a range of problems associated with emotional and psychiatric illnesses. In most cases, they are sent to distant facilities to receive treatinent. This only results in placing adolescents in a setting that is considered foreign and culturally insensitive. Basically, the adolescents are removed from the core oftheir family support base and therefore, the treatment process is either prolonged or proves to be ineffective. The proposed Adolescent Psychiatric Unit in the new hospital will provide a great serve to the young population ofthe Navajo Nation and so the FDHSC strongly urges all concerned to support the provision of such services.

The new hospital will provide basic inpatient, 24-hour emergency, comprehensive ambulatory and comonmity health care. In addition, it will also provide Intensive Care Unit, ambulatory surgery and limited inpatient surgery. The total square footage of the proposed hospital is estimated to be 240,000, while the current facility is only 98,650 square feet. The total project staff in the new facility is 536. And there is also an estimated 156 housing units for medical and essential support personnel.

On behalf ofthe people and the communities, the Fort Defiance Hospital Steering Committee wishes to express its sincere gratitude to the House Subcommittee on Interior and Related Agencies for their efforts toward improving the quality of life for Native Americans through the replacement of the proposed Fort Defiance Hospital

Fort Defiance Hospital Steering Committee 436

Testimony of Julia A. Davis, Chair The Northwest Portland Area Indian Health Board on the President's Proposed FY 1998 Budget for the Indian Health Service House Interior Appropriations Subcommittee Hearing March 6, 1997

The Northwest Portland Area Indian Health Board (Board) is a tribal organization which for ·25 years has represented 40 Federally-recognized tribes in Washington, Oregon, and Idaho on healt4-related issues. The Boarc). facilitates consultation between Northwest tribes and the Indian Health Service (lHS) and state agencies; provid~s infonnation to tribes on health legislation, regulations and policy; and perfonns health education, rese~ch, and policy projects on issues of concern to Northwest tribes.

Federal Responsibility for Health Care for American Indian/Alaska Native People

Many Northwest tribe~ are among those who 'signed treaties with the government of the United States of America which fonneti the basis of the Federal responsibility for health care for Indian people. The Federal government h~ a unique moral and legal obligation to provide health care to American lndian people--an obligation paid for with millions of acres of land and millions of dollars of resources This obligation has been af:finned many times through treaties, executive orders, legislation, and policy supported by Presidents and Congresses of both parties."

Indian Health Prog~ms are a Federal Success Story

The partnership forged among Congress, tribal governments, and the IHS over the last 40 years res~lted in significant improvements in the health status oflndian people. Death rates oflndian people from infectious diseases, gastrointestinal diseases, and tuberculosis fell dramatically. Maternal death rates declined by 65% just since 1973. Immunization rates for Indian children exceed 90% compared with the national average of 67%. But much is left to be done. Age adjusted mortality rates for the Indian people from the following causes remain considerably higher than those for the U.S. all races population. death from alcoholism,is 465% greater; tuberculosis 425% greater; accidents 185% greater; diabetc:; mellitus 166% greater; pneumonia and influenza 51% greater, suicide 46% greater; and homicide 39% greater. While there are those in Congress who would do away with tribes, and those who would cut funding for Indian health care, we remain hopeful that there re.main more who recognize the wisdom of continuing to support what has been a very successful effort to ipiprove health status for American Indian people. We remain committed, and we hope those in Congress remain committed, to reaching a time when an American Indian child born in this country has the, same chance ofliving as long a life as other chi.ldren. 1

As Congress is required to control spending, it should not cut programs which are models of what the Federal government at its best can accomplish. T6 dismantle this highly successful public health care system would have disastrous consequences which could result in the health status of American Indians returning to what it was in the 1950s when it was comparable to that of third world countries.

Tribes recognize that one difficulty faced by Congress _in adequately funding Indian health is the shrinking allocation provided by the Budget Committees to the Interior Appropriation. Pitting the Indian Health Service against National Parks for resources is not rational budget development. A more appropriate comparison for an adequate budget fof the Indian Health Service is Medicaid. Medicare, VA, and other Federally-funded health programs. Benyeen FY 95 and 97, Interior Appropriations decreased 6.7%, while the Labor, HHS, and Education Appropriation received a 9.7% increase. Some equity is needed. 437

News Stories Suggesting Indian Health Programs will be Getting the Largest Budget Increase in the Department are Inaccurate

Stories in the press have stated that the Indian Health Service is slated to receive a 3.3% increase, the largest for any Agency in the Department of Health and·fl~an Services. This is :i distortion of the facts. It can_ only be said that IHS will receive the largest increase if one excludes :'vtedicaid and Medicare which together total 83% ofHHS funding. In FY 1998, lyledicaid spend:ng is expected to increase by 7% and Medicare by 9%, considerably more than the proposed IHS increase. What also was not mentioned is that in FY 97, IHS received a 3.3% increase· while NIH the largest discretionar; Agency in the Department received a 6.7% increase. In fact, in FY 97, most HHS agencies received increases which exceeded the President's request while IHS received $120 million less th~ requested.

While overall the IHS budget is 3.3% greater, 15% of that increase·goes to staff four new facilities, 57% goes to construct two new facilities. So 72% of the proposed increase will benefit only six locations leaving a 0.8% increase to fund current services. Only the increase proposed for Contract Support Costs and the approximately $ 17 million for mandatory costs will reach a significant number of tribes.

The Failure to Fund Mandatory Cost Increases will Reduce Health Care for Indian People

In FY 96 the IHS absorbed approximately $55 million in unfunded mandatory and inflationary costs. In FY 97 Congress funded only 60% of mandatory pay increases and no other inflationary costs requiring the Agency to absorb an additional $50 million. The President's budget for FY 98 requires the Agency to absorb $85 million and provides no funding to meet unmet health care needs of an increasing, aging service population. No matter how well administered, the Agency and tribes cannot absorb almost $200 million in unfunded mandatory cost increases in three years without reducing medical services. In FY 98 it is critical that funding be provided to cover all mandatory costs increases incurred by the Indian Health Service including medical inflation and payroll increases for the Agency an

Indian Health Service Has Not Received the Increases Provided to Other Federal Health Programs

While there has been much discussion of reducing Medicare and Medicaid expenditures, these programs grew by more than 7% annually over the past three years. These increases occurred despite the fact that the increase in eligibles for Medicaid and Medicare programs was less than one half the growth rate for IHS eligible Indians (2.1 %). No other Federally-funded health care program is being asked to do more with flat funding. Indian health programs face the same ever increasing costs as Medicaid and Medicare providers.

Providing services to over 1.4 million patients residing in primarily rural areas, Indian health programs are not realizing the same cost savings being achieved through managed care in urban areas. Medical inflation has moderated, but less so for Indian health programs. IHS data indicate a medical inflation rate (MIR) for purch,ased services of 12%, exceeding the overall national medical inflation rate of 5.1 %. Freezing the IHS budget while allowing inflation and population adjustments for other Federally-funded health programs is not equitable.

In the Northwest where Indian health programs must purchase all inpatient and specialty care from private providers, it is particularly important that inflationary increases for the Contract Health Services (CHS) program be funded. In past years deferred medi~I and dental services in the Northwest have been as much as $4 million annually. This levol of deferred services means that procedures and

Northwest Portland Arca Indian Health Board, 520 S.W. Harrison, Ste. 335, Portland, OR 97201 438

3 items such as cataract surgery, joint replacement, hernia repair, hearing aids, eye glasses, and all dental restoration are deferred. These are quality of life procedures no member of this Committee would be willing to allow their parents to be denied or wish to be denied themselves. Unfunded mandatories for CHS are already impacting Northwest Indian health programs, with the Area's largest program expecting to move to Level I Priority (only urgent and emergent services) before the end of the fiscal year.

Contract Support Costs (CSC) are Critical to Tribal Self-Determination and Local Control of Health Programs

The proposed funding for the Indian Self-Determination "Fund (ISDF) of $12 million will help to address the current $39 million unfunded need for contract support costs identified by IRS after exhausting the FY 97 ISDF. This increase is for new contracts and compacts and not for escalating indirect cost rates as Congress suggested last year when it struck the Administration's request for CSC funding. The ratio of contract support costs to overall funds being contracted remains stable at about 21 % and not funding needed contract support costs only prevents additional tribes from assuming operation of health programs under P.L. 93-638.

Maintenance and Improvem~nt Funding is Increasi~gly Inadequate to Maintain the Federal Investment that has been made in Indian Health Facilities ·

As tribes have invested their own funds in facility construction and as new IRS funded facilities have been built, Maintenance and Improvement (M & I) funding has not increased proptirtionally. New Federal seismic, environmental and security mandates require additional M & I expenditures. Consequently, individual health programs are receiving less and less each year to maintain their facility.· The large investment (both Federal and tribal) to build and renovate medical facilities should not be jeopardized through inadequate funding to properly maintain the facility. This situation will be greatly exacerbated when the new Alaska Native Medical Center opens.

IRS has identified a Backlog of Essential Maintenance and Repair (BEMAR) of $188 million and yet only $12 million is proposed for FY 98. IHS has estimated that an annual budget of $77 million would be necessary to adequately maintain Indian health facilities. NPAIHB proposes an additional $10 million be appropriated to address the most critical BEMAR projects.

Language to Permit Repair by Replacement will Allow Tribes to Address Facility Needs

No business would repair a facility if the cost of that repair exceeded 80% of the estimated cost of replacing·the facility with a new structure and yet this is exactly what happens in Indian health. The NPAIHB recommends that Congress add legislative language to an appropriations bill to allow the IHS to authorize the use of maintenance and repair funds for new construction when the 80% threshold is reached. No additional funds are required to niake this change in policy. The Congress could still require committee approval of construction that exceeds the current $900,000 threshold. This change would allow tribes to invest their own resources or-~ccess private resources in combination with M & I funds to meet their facility needs. The following bill language is suggested: IHS is authorized to use maintenance and improvem~nt funds to replace existing IHS and tribally owned and operated health care facilities when the cost to construct, maintain and operate an existing temporary, modular, or permanent structure, including quarters, exceeds the cost to construct, maintain, and operate a replacement structure.

Permanent Funding for Northwest Tribal Research Center

In FY 97,' IHS began funding 4 tribal epidemiology·centers with. funds identified in the FY 1996 appropriations bill. One of these centers, the Northwest Tribal-Research Center (NTRC), is located in

Northwest Portland Area Indian Health Board, S20 S. W. Harrison, Ste. 33S, Portland, OR 97201 439

4 the Portland Area at the Northwest Portland Area Indian Health Board. Funding these centers will produce valuable health information that will improve health status and reduce health care costs. Epidemiology centers was an initiative that.Northwest tribes worked long and hard to achieve. In order for the centers to attract qualified personnel and embark on long term projects, adequate support is required. Northwest tribes request that Congress direct the ms to adequately fund the Centers, and recognize the work of the NP AIHB for the last l O years in securing epidemiology centers by directing the IHS to designate NP AIHB as a permanent site for an epidemiology center. The NP AIHB strongly supports an increase of $250,000 for these centers and for the following language to be included in the FY 98 IHS Appropriations Bill: Of the $1 million ongoing support for Epidemiology Centers. $250,000 is provided to support the Northwest Tribal Research Center located at the Northwest Portland Area Indian Health Board.

Funding for the IHS Information Infrastructure to Support Conversion of the Operating System Platform.

The IHS information system, the Resources and Patient Management System (RPMS), is one of the most comprehensive clinical and public health information systems available. RPMS development will soon outgrow the hardware available at the local level and require Windows NT-based local area networks and personal computers capable of running Windows applications. There is ample precedent for new one- • time only funds to pay for the costs associated with a major computer hardware and software upgrade for a federal agency. The Congress should review the Indian Health Service plans for the conversion of its basic operating system and appropriate sufficient funds cover justified costs. The high cost of this major upgrade should not come out of direct health care delivery funding as is suggested in the Justification document at page IHS-33. If this is the case only the "haves" will be able to keep pace with information needs and the "have nots" will continue to fall behind. The ability of tribes to report congressionally required financial and health status data depends on its information system.

IHS Budget Restructuring

Northwest tribes have over the past year worked closely with the ms to prepare a proposed revision'to the structure of the Agency's budget. NP AIHB developed a proposal based on clear "Budget Principles" that will increase accountability, flexibility and efficiencies in the IHS budget based on the expressed priorities of tribes. In a time when IHS is being asked to operate programs with less money, it is imperative that it have the flexibility required to achieve the greatest efficiencies. It is hoped that members of the Congress serving on Interior Appropriations Committees will support IHS budget restructuring proposals which were developed in concert with and have the support of tribes.

Northwest Portland Area Indian Health Board, 520 S.W. Hamson, Ste. 335, Portland, OR 9TIOI 440

STATE OF WASHINGTON OFFICE OF THE GOVERNOR P.O. Box 40002 '" Olympia, Washington 98504-0002 • (360) 753-6780 a TTY/TDD (360) 753-6466

March 5, 1997

The Honorable Ralph Regula, Chairman House Appropriations Subcommittee on the Interior B-308 Rayburn House Office Building Washington, D.C. 20515

Dear Chairman Regula:

I am writing in support of a request from the Seattle Indian Health Board (SIHB) for funds to support their family practice residency program for American Indians. This is a unique training opportunity, and one deserving of serious consideration.

Washington State provides limited help through a small subsidy for resident salaries through Providence Hospital, the SIHB's affiliated organization. However, much of the cost has been borne by the SIHB itself, and the need for permanent financing is growing.

I am aware of the excellent work that the Seattle Indian Health Board tias been performing for American Indians in King County for over two decades. I am also aware that this organization has been innovative, con:iprehensive, and resourceful in its attempt to improve the health of Indians whose health status continues to lag behind other citizens. As an urban. Indian health program, the SHIB does not enjoy the benefits of tribal status and must compete along with other non-profits to serve their community. A training program like the family practice residency is-specific to the needs of Indian people, and consistent with the federal obligations to Indians. 441

I believe that providing financial support for the Health Board's residency program is truly an investm~nt in the future of Indian people. Thus, I urge you to provide funding for this important ·project. · Sincerely, ..t'L, ,.e r!a9 cc: The Honorabl_e Norm Dicks The Honorable Jim McDermott - The Honorable George Netherc1,Jtt The Honorable Slade Gorton The Honorable Patty Murray Ralph Forquera, SIHB Executive [?irector 442

· ·Seattle Indian Health Board AMrdti-Sent<>,°""""'1lilyll,a/thQntoforMalkal,Dmtal,Mmta/Heabh, • -.a..fbu#, and Community- I J1ESTIMONY

Funding for an American Indian/Alaska Native Family Practice Residency Program

FOR

House Appropriations Subcommittee on the Interior and Related Agencies

March 1997

submitted by:

Rosalee Walz, President Ralph Forquera, MP.H. Board of Directors Executive Director

Seattle Indian Health Board Seattle, Washington

P. 0. Box 3364 • Seattle, Washington 98114 • (206) 324-9360 • Fax: (206) 324-8910

CoontyS/na J91() 443

Seattle Indian Health Board • A-Conrm,arllyHaillhCmlup-Jhdit:al,Dmtol.Mmtalll,a/llr, lwbstancttAbiu,, andCommunlty/?dJu:mian.

TESTIMONY

HOUSE APPROPRIATIONS SUBCOMMITTEE ON THE INTERIOR AND RELATE:Q AGENCIES MARCH1997

Funding to support an American Indian/Alaska Native Family Practice Residency Program

Mr. Chairman and members of the House Appropriations Subcommittee on the Interior and Related Agencies, my name is Ralph Forquera. I am the Executive Director for the Seattle Indian Health Board located in Seattle, Washington. Rosalee Walz, President of the Board of Directors and I are submitting this testimony in support of funding for this important project for the health of American Indians and Alaska Natives.

The Seattle Indian Health Board, an urban Indian health contractor with the federal Indian Health Service, is requesting $250,000 in on-going, new appropriations through Title V of the Indian Health Care Improvement Act for support for our American Indian/Alaska Native Family Practice Residency Program.

Established in 1993, the American Indian/Alaska Native Family Practice Residency is the only physician residency training program in existence directed toward preparing physicians to work with American Indian communities both on and off-reservation. The residency has six trainees, two for each of the three years of the program. Graduates are eligible to take the national boards for certification as a family physician.

In June .of this year, we will be graduating our first two residents. Both are of American Indian heritage. Both will be working for American Indians.

P. Q Box 3364 • Seattle, \1,\lshinglon 98114 • (206) 324-9360 • Fax: (206) 324-8910 &rvlll{I &ar,u-KJrw °"'"'Y Sina mo 444

For the past three years, the Seattle Indian Health Board has been able to piece together funds to support this project. We have made requests for :funding from this Subcommittee during this time with expressions of support, but no actual appropriation.

Changes in the health care industry are beginning to erode the financial base we have used to implement this important training program. Revenues generated by the residents serving clients makes up less than I/3rd of the cost of their individual salaries. The cost of supplies, library materials, ancillary support staff: etc., and lost efficiency which results from a training experience exceeds current program revenue projections. There ·are also a variety of recruitment and student support activities that are needed to keep the residency whole. As a community health center, we are not eligible for direct financing for residency training under current federal residency :financing mechanisms.

The request of $250,000 represent a portion of the cost of this program. The total cost of the residency is estimated at $400,000 per year. The additional $150,000 is believe achievable through other training funds from state and local sources, and from anticipated patient revenues generated by the residents themselves. There are considerable in-kind contributions from a variety of other local sources.

We request that these funds be directed through an add-on to the Title V, urban Indian health line item in the Indian Health Service budget. By directing funds in this fashion, you can assure that these funds will directly support the residency without question from Indian tribes. Since we have an existing urban Indian contract with the Indian Health Service, the ability to accept and manage these funds already exists reducing any undue administrative demands.

American Indians and Alaska Natives continue to have poorer health than most other Americans. A 1993 study on urban Indian health in King County where Seattle is located published in the Journal of the American Medical Association found that poor health existed among both rural/reservation and urban communities. Therefore, special efforts to help correct this inequitable health status will require highly skilled health care

2 445

professionals including family physicians. 1 Residencies of this nature will help expand the pools of providers skilled and experienced in working with the unique health problems and cultural biases found among the diverse American Indian population. We believe that only such a targeted approach to addressing Indian health needs will have the type of long term impact on the well-being of Indian people we all desire. '>

Good health is a pre-requisite to full participation in the American society. One cannot achieve a good education, find a livable-wage job, or maintain a strong work ethic i~ one is physically, emotionally, or mentally ill. Therefore, providing health care that is culturally-sensitive, of the highest quality, and grounded in the social/cultural norms of the people to be served is essential to improvement Your investment of $250,000 will ensure that the future health of Indian people will be lead by highly skilled and culturallr-competent/experienced family physicians:'·· · ·

Your consideration of this request is appreciated. If there are questions or a desire for additional information regarding the residency or the Seattle Indian Health Board, please do not hesitate to contact us.

# # #

Respectfully submitted:

Rosalee Walz, President Board of Directors & Ralph Forquera, M.P.H. Executive Director Seattle Indian Health Board Seattle, Washington 446

'1 SUSANVILLE INDIAN. RANCHERIA

Statement of NICOLAS J. PADILLA SUSANVILLE INDIAN RANCHERIA on the FY 1998 IHS Budgets

Submitted to the HOUSE INTERIOR APPROPRIATIONS SUBCOMMITl'EE March 20, ·1997

The Susanville Indian Rancheria (Rancheria) provides this statement on the FY 1998 budget request for the Indian Health Service. The Rancheria provides health care to more than • 2,500 American Indian beneficiaries located in Lassen County in Northern California. Since 1986, when the Rancheria first began contracting with the Indian Health Service (IHS) under Title I of the Indian Self-Determination and Education Assistance Act, we have continuously improved the quality, quantity and scope of health care services delivered to eligible American Indians located in our service area. The increasing level of health services that we have been able to provide through our Lassen Indian Health Center is directly related to the amount of funds which Congress makes available for Title I contractors through the IHS. The Susanville Indian Rancheria's specific concerns with regard to the FY: 1998 budget request for the Indian Health Service are as follows: • institute policy to ensure full funding for calendar year contractors out of existing year appropriations; • fully fund Contract Support Costs; • provide $1.4 million for Regional Youth Treatment Facility in northern California; • correct inequitable funding and increase Contract Health Services to California tribes and tribal organizations; · • increase Equipment funding; • provide requested $28.3 million for Health Professions account, including IHS Scholarship funds. We also request the Committee's assistance in the following issues which are not related to the FY 1998 budget, but which impact our ability to provide health care services to our people: - adopt clarifying language regarding Federal Tort Claims Act coverage for tribes and tribal organizations; - impact of Managed Care on tribally operated health programs; - support transfer of certain Sierra Army Depot facilities and lands to the Rancheria FuiI Funding for Calendar Year Contractors. For a number qfyears _Susanville Indian Rancheria ("Rancheria") has utilized a calendar year for contracting under. Section 105(d) of the Indian Self-Determination and Education Assistance Act (the "Act), rather than the fiscal year. The advantages ·of being a calendar year contractor are significant: it provides the Rancheria. with. a stable funding base for its health programs and permits the Rancheria to generate additional funds in the form of,interest. Historically the Rancheria's calendar year' contract has been funded wi~ funds entirely from the fiscal year in which the contract begins, although the calendar year contract period extends three months beyond the end of the fiscal year.

DRAWER'\!• SUSANVILLE. CA 96130 • {916)·257-8284 • FAX 257-7988 447

Page 2

. In calendar year 1998 the IHS has implemented policies-which 'violate the intent of Congress when it enacted Section 105(d): The Agency has 'taken funds appropriated in FY 1997 for the Rancheria's calendar year 1998 contract. and used them for other purposes, namely to fund · activities at the Area Office l(lvel. These policies violate Congress'fatent when it enacted Section 105(d) by threatening the Rancheria's'stable base budget and·bY: eliminating the Rancheria's ability to generate interest revenue to supplement funds which the IHS transfers to the Rancheria.

The IHS' policy·ofretaining fiil!.ds appropriated by Congress in FY 1997 for the Rancheria's calendar year 1998 contract and'using-.those funds for other purposes (while allocating FY 1998 funds which have not•yet been appropriated to make up the deficiency in the contract). This violates the Anti-Deficiency Act, as .well-as two other provisions of the Act - Sections 106(bX1) , and (bX3) - which both prohibit reduction in. contract funds to make funding available for various federal functions. · · ·

We urge Congress to make clear to·the Indian Health &rvice that the.Agency is required under the Act to fully fund calendar year contracts out of funds appropriated by Congress in the· previous fiscal year. Only this policy can ensure that Congress' full.intent behind Section 105(d) is fully implemented by the Agency. · C~ Support Costs Deficjen~. The Rancheria is disappointed that th~ Administration requests only $12 million·in Contract Support Costs for,the Indian Self- Determination Fund. Although,this-ainount is an increase over the FY 1997 enacted level of $7.5 million, it-leaves a $39 million_ISD Fund shortfall (demonstrated by a table at page IHS-117 of the IHS Budget Justification). This- means that tribes which cqntracted new or expanded IlIS "programs in FY 1995, 1996 and 1997; will still go without the funding to-which they are entitled •' under. section 102(aX2) of the Indian·Self-Determination Act and be forced to absorb contract · overhead costs from funding intended-for health services. While it appears that the $12 million request is sufficient to address our Tribe's $218,009 ISD Fund requn:ement, one hundred percent · funding of all identified Contract Support Costs is vital if California Tribes are to continue to assume administration of federal programs, for the benefit of Indians without being penalized by • a reduction in the level of services.

We urge the Commi~ ~ork with the Department ofHealth"arid Hum~ &rvices to ensure that sufficient funds are provided-in the FY 1998 budget to meet-the contract support requirements set forth in section 106(a)(2) of the Indian Self-Determination -Act.2Ne would also urge,that reporting requirements be changed so that the IHS is required to provide the Congress with information on every contract-or compact which is in the negotiation process and which will require funding from the contract support fund, in advance, not after the contract is signed. · Presently, the IHS is-only~ to. report a· shortage .of Contract Support funding for the current and previous year. · Jlegional Youtb

After niuch time•~d effort by the California~; the ~arch and 'aeliberatiori · resulted.in two· appropriate sites.for.these facilities. We-anticipate the Southern California ,, ._location will come on line-in early 1998. The Northenl California' site, which _would serve the Susanville as well as other tribes, will be available late this year. The Susanville Indian , . Rancheria requests that an additional $1.4 milli11n be allocated from the FY 19913 appropriations .,, to-fund the,operation of.the second-YR'FC'. Funding the second YRTC will ensure the availability ·oftreatumnt acress the State and will 111!-abletbe-tribes and-tribal organizations of California to provide a coordina4ld apprJ>&Ch for ~e full range of,preventive,.YRTC and ~-essential for. suc:cessful prevention and,treatment of alcohol abuse among opr youth. · ·

40-073 97 - 15 448

Page 3

Inequity of Fgpding for Califomia Tribes and Tribal Organizations. Since 1970, when Federal funding of IHS services was partially restored for Indians in California, IHS budget allocations have not provided an equitable base of recurring funds or an equitable level of health services. The GAO issued a report in 1991, entitled Indian Health Seryice - Funding Based on Hist,orical Patterns Not Need GAO/HRD 91-5, February 1991, which confirms these facts. The report concluded that "IHS does not attempt to provide the same level of health services in all IHS areas; in fact services vary widely." (p. 3)

Part of the reason IHS has never provided the Area Office a full and equitable share of the Contract Health Services appropriation is due to the level of service previously provided by the State through the Medi-Cal program (the state Medicaid program). In response to the budget crisis within California, however, the state instituted a massive reorganization of Medi-Cal, which drastically reduced both the scope and number of services available to Indians in California. California tribes are also no longer eligible for certain state-funded supplements and various categorical grants as these funds have been subsumed into block grants to clients. These actions combined have led to a reduction of health services to Indians in California.

Any reductions to the IHS budget which does not protect the amount of contract health funds which the IHS is to provide California Tribes will cause additional reductions of health services to Indian in California and could disrupt the existing system of Indian owned and operated health centers. We urge that Congress (1) earmark the level of funds to be made available for the Indian owned and operated health delivery systems of California; and (2) from within the appropriation, earmark and increase the amount of funds for contract health services to be allocated to California tribes.

Eqgigpumt Funds. The Tribe is disappointed that the Administration has requested . only $13 million for Equipment, a decrease of$1.5 million from FY 1997. Of this amount, only $3 million (the same as in FY 1997) will be used to purchase equipment for new and replacement clinics built by tribes using non-lHS resources. As we have testified before, in order to be certified to participate in the Medi-Cal Managed Care program, California tribal health clinics must purchase and install certain essential medical equipment. Be assured that unless there is a significant increase in Equipment funds, our Lassen Indian Health Center will be no closer to obtaining the over $300,000 necessary to the equipping which has been pending since we finished construction of the facility in 1994.

We urge the Committee to not only increase the Equipment allocation but also direct IHS to · develop a distribution methodology that factors for differences experienced by the small tribally- owned facilities.

IRS Scholarship Fgn4 The Rancheria urges Congress to fund, at a minimum, the Administration's requested level of $28.3 million for the Health Professions account. We urge the Committee to fund the IHS Scholarships allocation within this account to not less than the FY 1997 level. · ·

Impact of Heragm! Cam op Tribally Operated Qealth PJ:ocram• The tidal wave.of "managed care" efforts among state governments is having a negative impact on tribally-operated health care programs. The goal of managed care is not improving the health status of or providing the best quality of care to U.S. citizens. It is instead foc::used on how to provide those services at the lowest cost. This philosophy is in direct conflict with the circumstances of most tribally operated health programs. Tribal, programs are often small, and located in rural and isolated areas, which drives up not only the costs of supplies but contract medical services. Consequently, our programs must be heavily weighted toward prevention, early detection, community outreach and primary care. Undei;- this model of health care, we have a proven record of success in elevating the health status of our communities.-But, this model 4oes not fare well in the state managed care programs, where prevention and conm.'"unity :_utreach liave little ~phasis. ·

In moving toward the market based care, consideration must be given to the impact on the tribally operated programs. As it stands, tribal consultation and input during state planning processes is not consistently sought.· In ~me cases only the knowledge that the affected tribes can place a hold on a state's plan through HCFA has ensured our being at the table. We recommend that a waiver from being included in the state's managed care plan be available to 449

Page 4

tribally-operated programs if the state will not recognize the health care model used by the tribe as a viable part of.their plan. Furthermore, reimbursements should be commensurate with the services provided, not limited to the v~ lowest-rates as is .often.the case now. Federal !fori C!ehre Act Coyergqe. The State of California is rapidly moving into a managed care environment. The Susanville Indian Rancheria has recently experienced difficulties in its efforts to participate with a major Health Maintenance Organization to provide services in the new managed care environment as a preferred provider. Based on our experience, few state officials fully understand the Federal Tort Claims Act (FTCA) and are reluctant to accept it's coverage in lieu of malpractice insurance for P.L:93-688 contractors who manage ambulatory health centers or inpatient facilities. State reluctance to accept U.S. Tort Claims protection places · the tribal contractor at risk of not being accepted as a state provider under its Medicaid or. . managed care programs.

Most recently, representatives from the HMO requested that the Rancheria provide a letter from an attorney representing the federal government which would be the equivalent to a "certificate ofinsurance" in the private insurance industry.. They requested that such a· letter , · make clear that the government, through the FTCA, provide coverage to the Rancheria for any and all tort lawsuits that may be filed. ·

We would appreciate any assistance the Committee may provide, perhaps through clarifying report language; to make clear to.HMOs in California that the- FTCA proyidee tribes and tribal organizations with a level of liability C9Verage that is equivalent to the "certificate of insurance." ·

.Sierra Army Depot Lendl and Facllitiee,Tranefer. Under the Base-Realignment and Closure Act, the Rancheria has been negotiating.with the Army on two proposals to transfer certain lands and facilities located on·-the Sierra Army Depot to the Rancheria, .. These proposals, which ere pending final approval and which have been widely supported by the various appropriate agencies, would transfer: a) 120 housing units. and a large admin:ietrative building to be usecHor·.tribal housing, administration functione,·-and economic development and b) a facility known as,the ''the.Mode," comprised of single.apartments, a large fully equipped dining area and the adjacent land to be used as"the. Regional Youth Treatment Center referenced above. Although we have received support and assistance from the IHS, BIA as well as the Army, and obtaining the-neceeeary approvals does not appear will be problematic, we request that this Committee adopt language eiiµilar to that which e:ffected,the transfer of modular housing units from the Grand Forks Air Force base to the·North and South Dakota tribes.

On behalf of the Susanville lndiail Rancheria; thank you for the opportunity to provide our views to the Committee on the Indian Health Servi~ budget·for Fiscal year 1998.

### [BIi unmD lftDllft NEIITH JERUICEI, IIC. TSURAI HEALTH CENTER PO. Box 420. Trinidad, CA 95570-0420 (707) 677•3693

TESTIMONY SUBMITl'ED TO THE HOUSE APPROPRIATIONS COMMITTEE ON THE INTERIOR AND RELATED AGENCIES March 1997

Mr. Otairperson and members of the Committee; my name is Maria Tripp, I am the Chairperson of United Indian Health Services, Inc., (UIHS), Board of Directors and I am the Vice-Chairperson of the Yurok Tn1'al Council, the numerically largest Tribe in the State of Qlifornia. Since 1970, UIHS has been a Tribal health program operating to serve the American Indian population of Humboldt and Del Norte Counties of California. We presently provide Direct and Contract Health Care services for more than 13,000 American Indians coming from primarily the Yuro~ Tolowa,. and Wiyot Tribes as well as all ,ligible Indians who reside in our service area and on the Yurok Reservation and the Smith River, Elk Valley, Resighini, Big Lagoon, Trinidad, Blue Lake, Bear River Mattole, and Table Bluff Rancherias. We are a member program of the California Rural Indian Health Board, Inc. (CRIHB). With me today is Jerome J. Simone, our Executive Director of UIHS.

This year we celebrate our 27th anniversary as a tribally operated heath service. Alth~ugh much has been gained through the years by the cooperation and support.of all involved, there is still much to be accomplished, particularly in the rapidly changing health care environment of today. In addition, recent strategies by Congress to reduce the budget deficit have in fact worsened the !!ituation for all Indian Health Service programs. For those of us in California, the problem has become even more desperate due to the funding disparity that has always existed between California Tribal Health Programs and the rest of the nation. '·

We must strive to continue to deliver comprehensive health care as a managed care provider with about half of the funds necessary to perform this task. California's Tribal Health programs have a well-known and historic low Indian Health Service ( IHS) "Level of Need Funded" (LNF) of about 50 percent. This figure remains particularly low when compared to other IHS areas outside California that receive about 51200 per Indian and the nation as a whole. This under funding is further substantiated when compared to large non-Indian managed care providers that require about S2900 per person for coverage. UIHS receives appro).imately 5595 per active Tribal member, roughly one-fourth or 25 percent of our need and are expected to deliver the same level of care for our people as a large HMO. Attempts by both the IHS and Congress to bri!tg some form of equity to the allocation of resources have fallen far short of even reasonable outcome expectations. The following issues continue to be of particular concern to our program and drastically affect our ability to provide adequate health care. · 451

UNITED INDIAN HEALTH SERVICES, Inc. Testimony to the House Appropriations Committee on the Interior March ]997 Page2

CONTRACT HEALTH CARE SERVICES As a member of CRlllB, we have worked closely in the planning, development and passage of legislation that authorized the California Contract Health Care Services Demonstration Project (CCHCSDP) in the amendments to the Indian Health Care Improvement Act, PL 103-573. The most important reason that we worked so hard for this project is the chronic under funding of our CHS program. Although the CCHCSDP has now been authorized by law, inadequate funding has been made available to implement this very important project. Many Tribal programs felt so strongly about the importance of this . undertaking that they have voluntarily provided the seed funds to at least allow the mechanisms of the project to implemented. It represents the most efficient method of managing CHS in ·California. Our priority is to assist CRIBB in obtaining $3,000,000 in direct funding for this program.

Since there are no IllS ·operated inpatient facilities in California, it would naturally follow that California Tribal Health Programs would require and receive additional CHS dollars for this purpose, not only to cover the cost of the actual inpatient care when needed, but for all of the ancillary support services that are therefore missing and normally found in such a setting. But, in fact, the opposite is true. Not only do we receive far less than a proportionate share of CHS dollars, approximately only $93.00 per active user compared to about $243.00 in other CHS dependant areas, but the CHS funds that we do receive must be utilized for nori hospital support costs such as pharmacy, laboratory, x-ray, and other outpatient diagnostic studies and specialty care.

Operating under these circumstances, we must be extremely protective of our funds in order to ensure their most effective use. CRIHB's development of an intermediate Statewide risk-pool occurred out of a necessity to create a larger single fund to operate between our local health programs and the IHS's Catastrophic Health Emergency Program (lllS-CHEP). Our local health programs have rarely utilized the IllS-CHEP because our funds and benefit package is generally exhausted before being able to spend the threshold amount necessary to access the IllS-CHEP funds. Thanks to the authorization for the CCHCSDP we are working with CRIBB and other California Tribal Health programs to voluntarily participate·to help implement this activity in'order to spend the few dollars we have as efficiently and effectively as possible.

REGIONAL yoIITH TREATMENT fACIUJ:Y Even though many years have passed since the passage of PL 99-570, the Omnibus Drug Bill, there is still not an Indian Regional Youth Treatment Facility (YTF) located in California. Youth treatment center operation funds were being contracted to a non-Indian provider in central California that had failed to provide culturally appropriate care and did not provide essential detoxificahon services. This arrangement was discontinued in September of 1995 at the request of all parties involved. We are again seeking care thru independent providers on a higher cost per patient basis.

Although the need for at least two Tribally operated YTF's grows greater every day, one major obstacle still exists. Most issues were resolved with the passage of PL 100-573, including the division of California into two major jurisdictions for the purposes of locating a YTf. in both the north and the south of this large state. However, no funds have been made aYailable for facility planning and construction. The level of mipport required is the SclIJ"le that has been pro\"ided to now e;Xisting YTF's in other states. We urge your support for the allocation of adequate facility planning an~ ronstruchon funds in this regard. 452

UNITED INDIAN HEALTH SERVICES, Inc. Testimony to the House Appropriations Committee on the Interior Marrb 1991 Page 3 TRIBAL HEALTH FACILITIES FUNDING The United Indian Health Senrices (UIHS) is at a critical juncture in its 25-year history. Since the 1970's UIHS has provided primary health care services to the American Indian families in Humboldt and Del Norte Counties through the Tsurai Health Center located on the Trinidad Rancheria. This facility was originally b~t by local Indian community effort without assistance from the Federal Government. Subsequent expansions and remodels have been made possible by other assistance and Third-Party income, without funding from the Indian Health Service (IHS). Recent studies ·and an I H S "Deep Look Survey" confirm the need for a replacement facility. These findings conclude that

Due to the growth of operations and programs_UIHS has outgrown the Tsurai Facility. There is a shortage of exam rooms, dental operatories, staff work areas apd storage space. The facility also lacks adequate parking. The cramped space has made the facility inefficient and not conducive to providing the highest quality patient service. Due to rapid growth in patient volume, our Smith River Howonquet Health Station facility is also too small and requires expansion.

The Tsurai Health Center experiences frequent interruption of electrical and water service. The electrical utility lines suffer frequent weather related damages and overloading. The capacity of the water main serving the Rancheria is inadequate, and in some areas, the plastic pipe water main is installed unprotected on the forest floor, and consequently subject to frequent damage. Back up utility systems are needed as well as potentially expensive mechanical deficiencies, including a corroded boiler system and an inadequate ventilation system.

The American Indian population served by urns is slowly growing. Thus, the number of potential users ofUillS facilities will grow. However, UIHS is even now serving less than half the eligible American Indians in the Eureka, Arcata, and Yurok Reservation areas due to the remote location of its Tsurai Facility.

Based on population and projections of future utilization the replacement facility for the Tsurai Facility should be approximately 37,600 square feet compared to the current 13,700 square feet.

Total cost for this project is estimated to be nearly $8 million, with a debt service of $46,000 per month or approximately $550,000 per year.

Obviously, debt sen,ice will be great and will negatively impact the amount of dollars that would otherwise be available for patient care services, being nearly five times our annual Contract Health Services budget. An IHS owned and operated facility has never had to face this dilemma. Nearly all Tribal operated Health Programs must face this dilemma every day. Once again, e,·en though the development of a small ambulatory care facility grant program was authorized in the Indian Health Care Improvement Act, PL 102-573, no funds were appropriated. We strongly urge support of any amount to begin to overcome this barrier to Tribal Health programs. CONTR~CJSUPPORTCOST In the 1986 Government Accounting Office Report, "Barriers.to the Indian Self Determination Act," under funding of Contract Support Costs was sighted as the principal reason obstruchng the achievement of true Tribal Self Determination. As the Federal Government downsizes and passes more and more of the 453

UNITED INDIAN HEALTH SERVICES, Inc. Testimony to the House Appropriations Committee on the Interior Marrb 1991 Page4

responsibility down to the Tribes, the shortfall in funding the capability to perform these tasks is unacceptable. UIHS has been given all the responsibility without the funds enjoyed by the federally operated programs. California, being a totally contract state for Indian Health Services from the very beginning continues to suffer the most from this shortfall and we ask that Congress begin the process of full funding for Contract Support Cost and thereby ensure the success of these Tribally operated Health Services.

FUNDING EQUITY FOR CALIFORNIA TRIBAL HEALTH Per person spending for health care for the general population in 1995 was $2912 compared to $1,153 for the Indian Health Service for the same period of time. However, for the United Indian Health Service, Inc. the allocation has been stalled at about $S9S per individual, or about half of the IHS's average allocation, for too long. We have worked hard to maximize all-other sources, including Third party collections, but with funding disparity this greil.t, we cannot, no matter how hard we try, reach any kind of equity with IHS health care funding levels, let alone the rest of the country. The only way for Tribal Health Programs in California to achieve equity is for a specific appropriation. Our populations continue to grow along with the demand for care, while we are pressed to provide high quality services comparable to other providers in the health care sector for about a fourth of the cost The private sector, including large managed care organizations, negotiate for care at well over $2,000 per client Tribal Health Care programs in California deserve relief from this inequality.

OTHER HEALTH CARE PROGRAMS We strongly urge that programs in Mental Health and Health Promotion and Education be given serious consideration, especially since they have been historically under funded, have had to rely upon dwindling alternate resources, and have realized increased demand for services, particularly in matters involving youth and substance abuse which has reached a crisis situation in most Indian communities.

In closing we would like to thank the committee for your past support toward achieving the goal of improving the overall health status of all American Indians everywhere, a goal we share with you. We believe that by working together as partners, Congress, the Indian Health Service, and the Tribal Health Contractors, we will always move forward in our desire to achieve this common objective.

Respectively submitted, ~4r Maria Tripp Oiairperson, UIHS Board of Directors 454

. TOIYABE INDIAN HEAL TH PROJECT, INC. PAIUTE PROFESSIONAL CENTER 50TUSU LANE Adm./Flccal UTU Ul\J GWNTU PAJUTE Till!E P.O. BOX 12911, BISHOP, CALIFORNIA 93516 BmTON,CA (819) 873-8484 FAX (6191 873-3935 BIG PINE BAND OP P'.AIUTll·MCOSHONf tNOUtiN• IIGmlt.t:A

e1S1101"PAlU'Tl"1IIIWAT10N TESTIMONY BEFORE THE HOUSE APPROPRIATIONS 9-ISKOfl,CA S~OM:MIITEE ON THE INfERIOR !IIIIDQlLl'O"TrNDIAN"tsUWATI()N UtCO!l"Olff.CA AND RELATED AGENCIES ANTliL~:li,= aAND BY COLMLL.!. CA TOIY ABE INDIAN HEALTH PROJECT, INC. TIMl16MA INOSHDN'I! TfflBE D6ATMV4Ll.iV, CA MARCH 6, 1997 n.1N01Ps:N0if.1Cli IND1~ 11115,iCA'VATION INOIH:NDlr.e..CA

L.ONE PIN'e PAND OF nu OW&N:. VALLEY PA1UT!l9HOSM0N1 INIJIAHSl: Toiyabe Indian Health Project, Inc. is a health consortium of I.ONel"lN!.CA

ltUllDIKA,AIUllTRllU seven federally recognized tribes and two Indian communities 1.PVll'lll~G.CA located in Inyo and Mono Counties of rural California (Utu Utu Gwaitu Paiute Tribe, Big Pine Paiute Tribe of the Owens Valley,

BISHOP CLINIC Bishop Paiute Reservation, Bridgeport Indian Reservation, P,0,BDX12516 BlllHOP, CA.i1a Timbisha Shoshone Tribe, Ft Independence Indian U!19JS72"'481 ,.ox1s,911J73,3a! Reservation, Lone Pine Band of the Owens Valley Paiute- ·Dl!ll'llGI t619JB73-3M3 Shoshone Indians, Antelope Valley Band of Paiutes and N•trltlon/Eldefa/Oolic,J B7J-8411 or an-1411 Kuzedika Paiute Tribe). Currently Toiyabe operates a f

LON! l'lN! CLINIC P.O. sox1• CONTRACT HEALTH SERVICE LON&P!Ne.CA!ll54S tll1111111Ml911 FAA

Toiyabc Indian Htalth PTOjoct, ln<. TtslimDny/House of Approprilllions March 6, 1997, W

participants. California Runil Indian Health Board was the administrator of these a-IS dollars. The tribes have been attempting to promote and establish a process by which CHS funds could be administered and disseminated throughout the participating California t:i:ibes. California tribes realize there is no IHS hospital in California and the funding for CHS is virtually non-existent therefore, we have an entire IHS area. that is dependent on CHS funds for specialty and inpatient services. Even though California tnbes are well _below the lowest level of CHS· funding in the nation, Congress ~d the IHS have conspired to .provide California with the lowest level of CHS funding in the IHS system'.for those areas without inpatient capacity. The CHS model created by the tribes with very minimal funding, has created a most efficient method of targeting funds to specific cases as they happen. We feel that a $10,000,000.00 increase in CHS funding for California would bring California tribes.into parity-with other CHS dependent areas. We would urge you to make a modest investment of $3,000,000.00 into the recently reauthorized California OHs Demonstration Project (PL-104-313 Section 2) as the· most efficient. means of · addressing this life threatening issue. Further, we . feel that the $10,000,000.00 increase to California CHS tribal operations should be an eventual long term goal. ·

YOUTH REGIONAL TREATMENT CENTER (YRTC)

California tribes have been in an uphill struggle for the past 10 years with the California Area Office of the Indian Health Services to address the severe need to develop.2 youth regional treatment centers. It appears that this problem ·never g~ addressed with the only people suffering ''Indian Youth". At present-there are 2 initiatives that are in the planning stages for ·California tribes but they· are both in need ·of immediate facility construction- and renovation funding. ·One- initiative is to coruitruct ,. additional capacity for the existing Toiyabe Indian ·Health Project, Inc. -• (TiliP) Transitional Living Center Group Home. The TIHP program is a '· state-licensed group.home on trust lands of the Bishop I~ian Reservation. The second ~tiative,.provided by the Lassen.-lndiari Health Program, is to renovate an old army depot , located on federal property which will eventually be tabn into ~t: Once land is ·taken into trust it. is virtually 456

Toiyal,,, Indian Hmlllr Proj«t, Inc. Testimony/Hausa ofAppropriations Marcfr. 6, 1997, Washington D.C impossible to finance the project without direct federal participation. Over the years Congress has successfully assisted each IHS area with construction and or renovation funds for YRTC services. In California this has not occurred and its time. to address the issue now 10 years later. Funding of $750,000.00 for both the above referenced initiatives should be awarded. Once this occurs California can begin to provide culturally competent youth alcohol treatment servkes of its Indian youth. SMALL FACILITIES GRANT PROGRAM

There appears to be bias on behalf of IHS to fund larger fadlities within the IHS facilities construction system and not to fund smaller facilities. The amendments to the Indian Health Care Improvement Act of 1994 (PL 102- 573, Section 303), created a grant program to fund small ambulatory facilities operated under the Indian Self-Determination Act. Congress has not as of yet addressed this problem. Some clinics have utilized the Medicare and Medicaid collections to renovate/construct adequate facilities for the delivery of health care service. When clinics are forced to channel their funds to do needed repairs or expansions it reduced the ability to provide a comparative level of comprehensive health cate services to our client In some instances clinics have sought loans to complete necessary construction and now have a tremendous debt obligation. We would urge that this program be initiated in 1998 so that clinics could alleviate their debt service and costs not associated with the IHS program in its traditional areas of operatio~: Further, because of inadequate facilities it creates a great barrier . to achieving JCAHO accreditation for Tribal Programs in California. Approaches to participate in manage4 care to provide Medicaid &: Medicare funded services to eligible Indians in California will be seriously threatened if this situation is allowed to persist

DIALYSIS'FACILITY

Toiyab:e Indian Health Inc. (TIHP) is preparing to construct and operate an End Stage Renal Dialysis Centet'. The project will be located in Bishop,· California, a rural isolated community located in the Sierra Nevada 457

Toi)lll,r l11dum Hmllh l'rojtd, lnG T5tbnan1'HOUU ofAppropriatirm, /,I'..,.,. 6, 1Wl, Wahingto,I O.C.

moµntwns of California. Because of the isolation, dialysis patients must travel 145 miles one-way to. receive needed· life-sustained treatment. . Patients travel 3 ti.mes per week It is apparent that the needed treatment is compromised by the 290 mile round-trip the patients have to endure 3 ti.mes per week. At present 7 Indians are in need of these services. With . unfortunately many others who are on insulin or pre-diabetic and will soon become patients in need of these services. We will also provide this service , to_ the non-Indian community -in both Inyo and Mono counties (26 identified users), there is no dialysis facility in these 2 rural isolated communities ,With Toiyabe being the only Indian Health Project in California to bring these life-sustaining services to the Indian community. We .are asking for $300,000.00 per year for the next 5 years so that the program Will have the opportunity to develop and sustain itself for many years to come. SONOMA ' ?:Y,:: ' IIBALTB PIIORIC'I', DIC. COtJNTI'. INDIAN·@?. .

. ' .

LEGISLA11VE PRIORl11ES - 105th CONGRESS

Backp'oudSummary

Soaoma County Indian Health Project. Inc. ("SCIHP") is entering its 261h year of service to the Indian c:ommunilics oCSonoma and other adjac:cnt countlcs located in the predominaDtly rural North Bay region of the San Franc:lsco Bay Area. A leader in lhe loc:al dcvclopmcnt of managed beahh cue for lhe American Indian and Medicaid populations, SCIHP is a lllllior community health center pn,vidiag comprebcnshic mcdiail., dental, autrilional. behavioral hcallh, covironmclltal bcallh, public beallh lllllSing, and Clllllllllunity health outreach services throughout its service aRa.

M with other lribally operaled health care syslems in California, SCIHP is substanlially UDderfl&ndcd ID ftaUy accomplish the goals and objecti,.-es contlincd within the Scope of Wort of its conttact with the Fcdcral Gcwemment. In order 10 survive and prosper, our clinics have had to become aggressively enuepreoeurial in a highly competitive marketplace. While Ibis is viewed by many as being SOUDd business practice, one or the prices we pay is the gradual erosion of the very cullural rclw.mcy which bas c:ontribUled so substantially IO our uniqucacss and suc:ccss.

M a member program of the California Rural Indian Health Board, and in the spirit of cooperation with our sister clinics throughout California. we support the following CIUHB lcgislative objedlves for I 997- 98:

I. Contnct Health Senica

Figure I iUustrales lhc alloc:a1ion of Contract Health dollars by SCIHP during the c:alendar year coding Dcc:cmbcr l l.1996: · Contract Health Services SONOMA COUNTY INDIAN HEALTH DENTAL 7.11%

Figure 1 C11111o i-t1oa: 791 Lombardi Court. U0l • P.O. Box 7308 • Santa Rau. CA 95407 • (707) 544-4056 • (800! 660-7609 8ate111te-----= Mancbater Point Arena • P.O. Box 381 • Paint Arena. CA 95468 • (707) 882-21177 ...... _ .... l'llltdtlaG 11w: (707) 527-5598 • llacliatier l't. Ana& ..... lllltdtloa llw: (707) 882-2880 459

Pharmaceuticals consume the greatest share of the SCIHP CHS dollar, accounting for almost 30 cents of each dollar spenl This is followed by hospital emergency room services at 27 cents, referrals to medical specialists (20 cents), contract medical laboratory services (8 cents), dental specialty referrals (8 cents), while the balance is expended for such "core" services as radiology, and miscellaneous categories (i.e., durable medical goods, vision care.etc.). Contract Health Services which are notably absent arc costs associated with Inpatient hospital services.

While it is true that comprehensive primary care has the capacity to reduce the need for hospitalization through case management, the availability of 24-hour physician coverage (which SCIHP ,provides) has also resulted in an avoidance of hospitallzation. At the-very best, however, these factors can only account for 20 - 30 percent of potential hospitalizations if the same cases were left untreated. Some American Indian patients have all the advantages of private insurance, ..:others arc eligible for Medicaid and Medicare, but the remainder, or about 45% of our cases, arcmninsured and virtually "do without" the more expensive inpatient health care services.

· Ideally, California should receive a funding increase for Contract Health Services which is equitable and on par with other Areas of the Indian Health Service. California tribes have advocated for this equity for years, but with little avail. The Califomia Contract Health Sen.ices Demonstration Project through the CRIHB program was designed as a stop-gap measure to bring additional CHS dollars into California. Until full funding for California is a reality, the CRIHB CHS Demonstration Project should be continued.

2. Grant Program for Ambulatory Care Facilities

Section 306 of the Indian Health Amendments of 1992 (Title Ill) provides statutory authority for tnl>cs and tribal organizations lo construct, expand, or otherwise modernize facilities for the provision of ambulatory care services. Unfonunatcly, neither: the funding nor appropriate regulations for accessing the .program have been fonhcoming since this provision became law. A special fund should be established to enable tribes to upgrade their facilities.

As the concepts of managed health care continue lo reconfigure the form and• manner of health care delivery, Stale by Stale, the need for e.~emal accreditation of facilities and services escalates exponentially. If tribal health programs are to continue their survival In this rapidly changing environment, quality facilities capable of meeting a constellation of accreditation and liccnsurc standards become an absolute essential.

3. Equitable Funding for .California Tribal Health Programs

F.rom.a historical perspective, the tribal health programs in California continue to function far below the standard used by the Indian Healtl1 Service in the funding of IHS operating units. .The Sonoma County Indian Health Project, for e.-mmple receives funding from the IHS in an amount which equals about 56% ofits actual operating budget.

This leaves it to us to generate additional financing the best way we can according to local conditions, and subject to the constant undulations of the health care market. From these meagre resources, we attempt to improve care, increase access, and upgrade our facilities.

4. Youth Regiomd Treatment Centers

Statutory authority e.'<.ists for California to operate'two Regional Youth Treatment Centers. Unfonunately, however, confusion over the acquisition of coristruction funds by ·the Indian Health Service continues. Spedfically, the amount of. required. funding for construction remains an unknown factor. A 2 460

comprebcmiw planning plOCICll is obviously occ:dcd In order to approach the Indian Hcaldl Savic:e 11111 Congress with realistic data. We mppott the California Rural lndiaa Health Boanl'I position In its request for operational funds, although planning funds to rdiDe and further develop these proposals is also • reasonable request.

5. Contract Support Com

Sonoma County Indian Health Project and its member tnlles fully support the Ca1lfomia Rural Indian Health Board position to increase the Indian Sdf-Detennination Fund to eliminate the cuneot shortfall in funding levels so as to provide equity in the fiD811Cial aspects or the administration and maoagemcot of Sdf-Detennioation contracts.

Without such support costs, funds intended for the actual delively of healthcare services must be diverted to COYel' administrative overhead, thus reducing even further the level or services being provided to our Indian communities.

Thank you for the opportunity to present our coocems. 461

ROUND VALLEY INDIAN HEALTH CENTER · Post 0{'1.ce lk>x 247 • CoveJo, -c~onilil· 95428 : .

707 983-6404 707 983-6181 707 983-8061 707 983-6201 707 983-6648 Fax: 707 983-6184 Fax: 707 983-6842 Dental Outreach _Yuki Trails Administration Medical

Testimony lloaad V~Jndlan llealdl Center Covelo., Califomia Presented to the House Appropriations Committee on the Interior & Related Agencies

Fiscal Year 1998 Appropriations for BIA & IBS March 12. 1997

Sammary ofBomul VaDey llldiaD llaJlbCB:Dtar Pliol'ilies

1. Incrcasc ofSl00,000 fur medical equipment for Round Valley Indian Health Center added to IHS.

2. Tocrease ofS160,000 fur Round Valley Indian Health added to Hospital and Clinics, ms.

Ro1111d VaOey IadiaD Health Center Rrmmmeadatioas: CaJifiJmie R@qfnnaJ Level:

a. Increase greater input ofsmall tribes not 1akmg tribal shares and make a fair and equitable distribution oftribal shares. b. Increase ofSS,000,000 for equity funding for Ca6fomia.Imfian health programs added to IHS c. Support ofSl.4 million for YR.TC to SUsauwlc Indian Health Ceutcr to be added to IHS. d. lnCfease ofS3,000,000 for Coutm:t Health Ser\lice (CHS) to be added to ms e. Im:rease ofSS,000,000 for small &cilities gram: program added to lHS f. Increase ofSl,000,000 for contract supports costs added to 1HS g. Prohibit ms from forcing tribes into competing proposals and wmccessary «x>mt costs.

Rogd Vallff Indian 'llealth Ceptp: Conmm agcl "R,...... ,,ma,d•tt,mf: !'@!jgpp] Leval:

A. Improve the dislributioa fommla for funding oftribal programs. ·B .. Improve teclmical assistance suppon for tribal C0DtlaCtOrS.. C. Elimination ofthe Commissioned Corp persounel system for the Indian. Health Scnice. D. Advocate funding fur Indian Self-Determination startup colltlaet support c:osrs. 462

T~oay ofBo1111d Valley IJldiu llealth Center Man:h 1997

1. &crease ofSl00,000 for Medical Equipment for Rolllld Valley's Health Center - The Round Valley Indian Health Center requests that the Committee instruct the Indian Health Service to provide SI 00,000 to the Health Center to purchase the neccssaiy medical equipment for the new addition to the Health Center. The new addition to the facility is in process that would expand the health clinic work area. Since very little equipment funds come to California for the tribes. there are no funds available to equip the health ceutc:r. 'Ibis expansion is expected to be completed by the end of April 1998. The remaining ingredient to make these desperately needed services available to the Indian people is a one time cost for medical equipment for the addition which includes an expansion to the exam rooms, the emergency room and pbanoacy with expanded services of. physical therapy, vision care. diabetic exercise, home health care and outreach. ·

The Round Valley Indian Health Ceater further requests that the Committee direct the Indian Health Service in the future to provide the opportunity for the Health Center Facility to share in the additional equipment funds made available by Congress in the annual budget for the ms.

The Round Valley Indian Health Cmter bas been very concerned about the quality and quantity ofhealth services for Indian people living in the Round Valley Service Area. The Health Center has been very patient over the years in putting up with the outdated iacilities and the lack of comprehensive health services to the Tn"be. The existing fil.cility operated by the Tribe's health organization only provides limited medical services and cannot provide comprebcmivc dental, .radiology or physical therapy services due to the limited space. In addition. it has been very difficult to recruit and retain professional sta£f due to the conditions ofthe filcility and the limited senices. Professional staff highly expect and depend upon adequate f.lcilities, equipment and support sta1E Without such, they will either not come to work for or stay with the Tribe.

Over the last several years the Congress has made available to the Indian Health Service an annual appropriation for replacement and additional medical equipment. The Tribe has had very little opportunity to share equally in these resources. Tberm'ore, it has been impossible to up-grade or add equipment for needed services. The Round Valley Indian Health Center is vccy proud of the fact that they have. in fact, helped themselves and have not asked for direct federal construction ofthe health center facility, but we do desperately need help in providing the resources to equip the expanded facility with additional equipment.

We have done all we can by ourselves and we need your help. The Tn"'be requests that the Congress direct the Indian Health Suvice to provide $100,000 to purchase the necessary additional equipment for the Tribe's Health Cmtef" and in the future provide the opportunity to share in the annual equipment funds made available in the Indian Health Service-budget.

2. Iuc:nase or $160,000 for Roaad Valley Indian Healtla. There has been a historical lack of equitable funding for the Health Center because ofthe small number of clinic patients used in IHS fomwla funding. The ms rormu1as do not fit the miniature programs operating in California. Because the formulas are weighted toward large IHS SCIVice Units systems, the very small programs simply do not figure into the fotmulas resulting in little or no increases in funding. This increased funding will cover the·cost of inflation experienced by the program over the psst ten yeus. 463

L IDdiaa Health Service Tribal Sbarcs Dfslributioa.. Thuty (30) California tnl>es have chosen not to take their tn"bal shares from the IHS. In general. the tribes.feel that in weighing the benefit and services to their tnl>al patients, it is better to leave the tribal shares with the ms. The non-taker tribes are seeking greater input on the retained fimds and a &ir and equitable disaibution oftribal shares.

Potmtial Dana to Tribes not taking Tribal Shares- The major concern by the tribes is that the services and technic:al assistance needed by the tribes will uot be.available at the Area Office. They feel that there will be too few staff with the kinds in the necessary disciplines and that taker tn"'bes still continue to take up staff'timc. I addition, surviving slBff' may not oecessarily be committed to assisting the tribal programs because ofa general attitude ofIHS staff that the tn'bcs cannot adequately administer health care programs. The reraincd staff' need to be an extension of the tribal program staff and thus need to function in a coordinated effi>rt ill providing health care to the patients of the small programs. Without this coordinated team effort on behalf ofIBS staB: small programs will suffer.

The following tribes have chosen not to take their tribal shares. (These tnbcs. rancherias, arc termed "non-taker" tribes meaning that they did not take their tribal sban:s): Alluras, Auburn, Big Valley, Cederville. Chico, Colusa. Cortina, Coyote Valley, Elem Indian Colony, Enterprise, Grindstone, Guidivil/e, Hop/and. Ione, Laytom,ille. Lone Pine ~eservation., Muidletown, Paskenta. Pinolevi/le, Potter Va/Jey, Pit River Tribe ofCDlifomia. Quartr Valley, Redwood Va/Jey, Robinson, Round Valley Reservation, Scotu Ya/Jq, ShawootlVal/ey, Sycram Reservation, Table Mounrain, and Upper Lak2.

Un&ir Qistnnution FQmmla- The fumwia that was used to determme the tn"bal shares continued to award the programs with high user COUDtS. The fonnula was weighted toward the larger funded programs in that users were stressed. This weighing is not fair to the smaller programs that do not have high user counts and thus arc not gm:n the opponunity for significant increases in their funding. Additional funds for California health programs have hem distnouted using this same factor, leaving the smaller user programs without a cbam;c to catch up on fi.mding.

The Level ofNccd Funded (LNF) factor that has been used in the past by the IllS as a means to equitably distnlmte new and discreliomuy funds among tribal progr.uns was not used in this tnl,al shares distribution. As a result. some tribal programs with more than 100% oftheir needs already funded, got these new tribal shares funds while there me Sbll many tribal programs with less than l 00% oftheir needs funded. In addition, the ms has not dealt with the issue ofpatients not counted wheo they arc seen by a health program other than their hue program where they are registered, i.e., the "other" clinic does not get credit for the care even whm this cams iiequently. The fonnula and the aiteria used to distn"bute tribal shares are unfair and promote the "rich to pt ridler."

The greatest concern of'the non-taker tribes is that the available ms funding may be insufficient to provide comprehensive health services and tecbnical assistance to the tnoes who do not take their tnoal shares. The non-taker tn"bcs are the smaller tribes who have a dif6cult enough time contracting for their health services because most ofthe tribes me fewer than 250 members each. Although these tribes contract with the ms for health savices for their members. they lack the adequate administrative staff and management capabilities o£tbe health progr.qns. Small tribes are not able to take advantage of economies of scale available to the larger health programs.

See appendix for position paper adopted by a majority (20 ofthe 30} ofthe non-taker tn'bes .

. Pagc3 464

b. lm:rease of'SS,000,000 foreqilitJ fimdiagforcaironda prognuDS: Evm with the Rincon case, ms bu not fimdamentaDy altered the way it distlibutls 1118 balk ofits health care funds to triba. It still .. distributes almost all ofits fimds OD program c:oalilmity. Widiout suflidcat fimding, the programs will not be able to provide high worldoad dala; and COJM:rSely without workload stalistics. the programs will be unable to justify additional fimdirag.. (SeeJDDre in appeDmlt OD Service Unit comparison) c. Support of'SIA million for YRTC to hamilleladiaa Beallb Center: Susanville is in a position to establish a youth treatment center after almost tm yam ofCalifbmia disc;ussion. Many tribes suppon Susanville in this endeavor and tequests that Conara,s sapport the development with this fimding. cl. IDcnase of $3,000,000 for Coatnd:Bealda Senice- Additional mads arc m:cdcd to assure equal access to CHS care services tlJroushout CaJimmia and to improve the management of CHS RSOUICeS . . All California tribes agtee that additional mads sboukl be added to CaJiibmia fbr contract health care.. Contract health care 1imding in California is 1hc lowest (when c:ompared to otha-ms Areas) in the entire ms system. The national average for ms adivc user-. wbm compared to California's average active user, still shows a deficiency ofCalifomia.'s.usen of:mmetban 50%. Funds to be distributed to tribes. e. lDttease ofSS,000,000 for small &dlitfes gnmt program: 1he Indian He-altb Care Improvement Act, as amended. provides for a grant proglillD fbr small ambulatoiy 638 &cilities. Congress needs to fund this program to assist small tribal programs who are not within the ms power funding cwve. f. Increase orsi,000,000 for cvotraet supports COSb: lhen: is a sbortfaD in funds needed to carry out the managrmem portion ofcoattading govaWDEUbll fimdiom which have been ignored in California. a:. Prohibit JBS &om tomag tribes mto com~ (ll'DpCUls aad 11nnecessary court costs: The ms seems to encourage the tribes to '-ODtrac:t 1br c:ompetiDg scrw:e area tcnitoty which results in competing proposals. five court cases in the past seven :yais is costly and takes away iunding from health care. A. Improve the distribatfoa fOl'lllllla torfaadiag of'tribal paogaams. Oftbe rigg million dollars ms allocated between 1986 and 1988, using the RAMfimnula, Califbrnia RCeivcd only $4.S million. RAM funding ddia.cncies were calculated with respect to c:a:isDng programs and cummt services and not with respect to new and additional hcakh services rcquiml fbr comparability across iRaS. CaJi£omia was again left behind all other areas for it did not haw aD 1bc pnmded to other areas and the funding f'ormula that JBS med was not dcsigaed to allow~to obtain the comparable services. I.NF bas not eliminated this issue. Populauon figures should be used instead ofworkload data in California which has been cbronically UDdafimded until adequate fimdmg am be gcacratcd. This is an important issue. B. lmproft tedmic:al assistaDce support for tribd cmdmdon: The Office ofthe Inspector General Report dated March 1996, stated that tribes sail want DIS to provide funding so they can conttact with sources other than ms fur teclmical assisaance and trainiDg. C. Elimiaatioa of the Commissioned Corp system for'llle IRS: 'Ims personnel system is costly and antiquated wbea compared to the c:ivil serwz system. 1be IBS promotes payment oflarge salaries to professionals who d.o not function in their profession. Corpsman assigned to tn"bes should remain in place or tribes be compensalCd and the process should be pbased out such that tribes do not lase positions. D. Advocate ftuuling for IDdia Sdf'-Demmiaatioa stutap contract sapport costs: The bidden costs that tribes experience when taking on a Self'-Dcb:rminalion Act contract are normally supported by the contract support costs. The Committee mustnaliml that tribes need this fund in order to manage the health care system.

Roaad Valley IDdlaa .Bealda Center • The Ramd Valley Imfian Health Center is a federally funded -ambu1atcny health c;entet located in nmthem California and is the health division ofthe Round Valley . , Indian Reservation. The Health Boani is composed ofseven members.. The Tribe contracts for its own health care sc:mcestbrough aSelf'-J>ehmrinarion t:mdracthaving done-so since 1985. Page 4 '1fi::1 a., ~;_12.!U . . ~;erson, :Valley Indian Health Center 465

Consolidated Tribal Health Project, Inc. 564 South Dora St. • Suite D • Ukiah, California 95482 • 707 /468-5341 • 800/642-CTHP

Testimony CowlldatedTltltal Bealtla PN)ect Ukiah, California Presented to the House Appropriations Committee on the Interior & Related Agencies Fiscal Year 1998 Appropriations for BIA & ms March 12, 1997

Summary of Comolidated Tribal Heallh Primitiesl

l. Increase of $440,000 for consttuction for Consolidated ~Tribal Health ad~ed to IllS. 2. Increase of $360,000 for Consolidated Tribal Health added to Hospital and Clinics, IHS.

Consolidated Tribal Health Recommendations: Calimmia Regional level:

a. Increase greater input of small tribes not taking tn"bal shares and make a fair and equitable distribution of tribal shares. · b. Increase ofSS,000,000 for equity funding for California Indian health programs added to IHS. c. Support ofSI.4 million for YRTC to Susanville Indian Health Center to be added to IHS. d. Increase ofSJ,000,000 for Contract Health Service (CHS) to be added to IllS. e. Increase ofSS,000,000 for srriall facilities'grant program added to IllS. f. Increase ofSl,000,000 for contract supports costs added to IHS. g. Prohtl>it IHS from forcing tnl>es into competing proposals and unnecessuy court costs.

Comolidated Tribal Health Concerns and Recommendations: National level: A. , Improve the distribution formula: for funding ~f tn"bal programs. B. Improve technical assistance support for tnl>al contractors. C. Elimination of the Commissioned Corp personnel system for the Indian Health Service. I D. Advocate funding for .Indian Self-Determination startup contract support costs. 466

Testimony of Consolidated Tribal Health Project March 1997

1. Increase of $440,000 for construction for Consolidated Tribal Health. The Project requests that the Committee instruct the Indian Health Service to provide $440,000 to the Project to purchase the necessary medical and· dental services that the Project used for the new addition to the Project's Health Center.

The Health Program has been concerned about the quality and quantity of health services for Indian . people living in the Consolidated Service Area. The Tribes have been very patient over the years in putting up with the outdated facilities and the lack of comprehensive health services to the Ukiah area Tnbes. The existing facility operated by the Project only provides limited medical services and cannot provide comprehensive services due to the limited space.

In addition, it has been very difficult to recruit and retain professional staff due to the conditions of the facility and the limited services.· Highly qualified health professionals expect and depend upon adequate facilities, equipment and support staff. Without such, they will either not come to work for or stay with the Program.

Over the last several years the Congress has made available to the Indian Health Service an annual appropriation for replacement of health facilities. The Tnbes have had very little opportunity to share . equally in these resources. Therefore, it has been impossible to up-grade or add facilities for needed services.

The Health Project and associated Tribes are very proud of the fact that they have, in fact, helped themselves and have not asked for direct federal construction of the health center facility, but we do desperately need help in providing the resources to replace the funds utilized to build the facility.

The budget cuts to the Health Program will severely undermine the ability of the system to provide sufficient funding to permit the Health Program to maintain the present level of health services to.the Indian people. ·

It is requested that the Congress give additional consideration to the Consolidated Tribal Health needs in terms of replacement resources. We have done all we can by ourselves and we need your help.

2. Increase of $360,000 for Consolidated Tribal Health Project. There has been a historical lack of equitable funding for the Health Center because of the small number of clinic patients used in IHS formula funding. The IHS formulas do not fit the miniature programs operating in California. Because the formulas are weighted toward large IHS Service Unit systems, the small programs simply do not figure into the formulas resulting in little or no increases in funding. This increased funding will cover the cost of inflation and increased patient census (2,1:fl to 3,619) experienced by the program over the past five years. ·

Page2 a. Indian Health Service Tribal Shara Distribatioa. Thirty (30) California tribes have chosen not to take their tribal shares from the ms. In general. the tnl>es feel that in weighing the benefit and services return to their tribal patients, it is better to leave the tn'bal shares with the IHS. The non-taker tribes are seeking greater input on the retained funds and a fitir and equitable distn"bution of tn'bal shares.

Potential Hann to Tribes not taking Tribal Shara - The major concern by the tribes is that the services and technical assistance needed by the tnl>es will not be available at the Area Office. They feel that there will be too few staff with the necessary disciplines and that taker tribes still continue to take up staff time. In addition, surviving staff may not necessarily be committed to assisting the tribal programs because of a general attitude of ms staff that the tribes cannot adequately administer health care programs. The retained staff need to be an extension of the tn"bal program staff and thus need to function in a coordinated effort in providing health care to the patients of the small programs. Without this coordinated team effort on behalf ofms staft: small programs will suffer.

The following tribes have chosen not to take their tribal shares. (These tnl>es, rancherias, are termed "non-taker'' tribes meaning that they did not take their tn"bal shares): A/Juras, Auburn, Big Valley, Cederville, Chico, Colusa, Cortina, Coyote Valley, Elem Indian Colony, Enterprise, Grindstone, Guidiville, Hop/and, lone, Laytonville, Lone Pine Reservation, Middletown, Paskenta, Pinoleville, Potter Valley, Pit River Tribe ofCalifornia, Quartz Valley, Redwood Valley, Robinson, Round Valley Reservation, Scotts Valley, Sherwood Valley, Sycuan Reservation, Table Mmmtain, and Upper IAke.

Unfair Distribution Fonnula - The formula that was used to determine the tribal shares continued to award the programs with high user counts. The formula was weighted toward the larger funded programs in that users were stressed. This weighing is not fitir to the smaller programs that do not have high user counts and thus are not given the opportunity for significant increases in their funding. Additional funds for California health programs have been distn"buted using this same factor, leaving the smaller user programs without a chance to catch up on funding.

The Level of Need Funded (LNF) factor that has been used in the past by the IHS as a means to equitably distribute new and discretionary funds among tribal programs was not used in this tribal shares distribution. As a result, some tribal programs with more than 100% of their needs already funded, got these new tribal shares funds while there are still many tribal programs with less than 100% of their needs funded. In addition, the IHS has not dealt with the issue of patients not counted when they are seen by a health program other than their base program where they are registered, i.e., the "other" clinic does not get credit for the care even when this occurs frequently. The formula and the criteria used to distribute tribal shares are unfair and promote the "rich to get.richer."

The greatest concern of the non-taker tribes is that the available IHS funding may be insufficient to provide comprehensive health services and technical assistance to the tribes who do not take their tribal shares. The non-taker tribes are the smaller tnl>es who have a difficult enough time contracting for their health services because most of the tnl>es are fewer than 250 members each. Although these tribes contract with the IHS for health services for their members, they lack the adequate administrative staff and management capabilities of the larger health programs. Small tnl>es are not able to take advantage of economies of scale available to the larger health programs.

See appendix for position paper adopted by a majority (20 of the 30) of the non-taker tribes.

Pagel 468

b. Increase- of $5,000,000 for equity funding for California programs: Even with the Rincon case, IHS has not fundamentally altered the way it distributes the bulk of its health care funds to tribes. It still distributes almost all of its funds on program continuity. Without sufficient funding, the programs will not be able to provide high workload data; and conversely without workload statistics, the programs will,,,, be unable to justify additional funding. (See more in appendix on Service Unit comparison) c. Support of Sl.4 million for YR'FC to Susanville Indian H~h Center:. Susanville is in a position to establish a youth treatment center after almost ten years of California discussion. Many .tribes support Susanville in this endeavor and requests:that Congress support the development with this funding. d: Increase of,$3,000,000 for Contract Health Service -Additional funds are needed to assure equal access to CHS care services throughout California and to improve the management of CHS resources. All California tn'bes agree that additional funds should be added to California for contract health care. Contract health care funding in California·is the lowest (when compared to other IHS Areas) in the entire IHS system. The national average for IHS active user, when compared to California's average active •• user, still shows a deficiency of California's users of more than 50%. Funds to b,e distributed to tribes. e. Increase of $5,000,000 for small facilities grant program: The Indian Health Care Improvement Act, as amended, provides for a grant program for small ambulatory 638 facilities. Congress needs to fund this program to assist small tribal.programs who are not within the IHS power funding curve. f; Increase ofSl,000,000 for contract supports costs: There is a shortfall in funds needed to·carry out . the management portion of contracting governmental functions which have been ignored in California. g. Prohibit ms-from forcing tribes into competing proposals.and unnecessary court costs: The IHS. seems·to encourage the tribes to contract for competing service area territory which results in competing proposals. Five court cases in·the past seven years is costly and takes away funding from health care. ·A. Improve·the.distribution formillafor funding of tribal programs: Of the $999 million dollars IHS allocated between: 1986 and 1988, using the RAMformula, California.received only $4.5 million. RAM funding deficiencies were calculated with respect to existing programs and current services and not with respect to new and additional health services required for comparability across areas. California was again left behind all other areas for it did not have all the services provided to other areas and the funding formula that IHS used was not designed to allow California to obtain the comparable services. LNF has not eliminated this issue. Population figures should be used instead of workload data in California which has been chronically underfunded until adequate funding can be generated. This is an important issue. B. Improve technical assistance support for tribal contractors: The Office of the Inspector General Report dated March 1996, stated that tribes still want IHS to provide funding so they can contract with sources other than IHS for technical assistance and·training. C. Elimination of the Commissioned Corp personnel system for the Indian Health Service: This ·personnel system is costly and antiquated when compared to the civil service system. The Corp promotes payment oflarge salaries for professional who do not practice in their profession but rather function in administrative positions. Corpsman assigned to tn'bes should remain in place or tribes be compensated. D. -Advocate funding for Indian Self.. Determination startup contract support costs: The hidden costs that tribes experience when taking on a Self-Determination Act contract are normally supported by the contract support costs. The Committee must realized that tribes need this fund in order to manage the health care system.

Consolidated Tribal Health Project -.The Health Project is a federally funded ambulatory health center located in north costal section of California. The Project is a tn'bal organization and the health division of the following seven Federally recognized Rancherias: Laytonville, Sherwood Valley, Coyote Valley, , Redwood.Valley, Guidiville, Pinoleville, and Hopland.. The Tribes contract for their own health care services through a Self-Determination contract having·done so since 1985.

Page4 469

• SYCUAN MEDICAL/DENTAL CENTER

Testimony Sycuan Tribal Health El Cajon, California Presented to the House Appropriations Committee on the Interior & Related Agencies

Fiscal Year 1998 Appropriations for BIA & IHS March 12, 1997

Swmnary of Sycuan Tribal Health.Priorities 1. The Committee instruct the IHS to investigate the crossover of patient users who are registered in one service area yet receive their health care from another service area on a regular basis. IHS does not permit the clinic where the users is seen to count the user because his zip code is in· another location. · 2. Increase of $160,000.00 for Sycuan Tribal Health added to Hospital and Clinics, IHS.

Sycuan Tribal Health Recommendations: California Regional Level: a. Increase greater input of small tribes not taking tribal shares and make a fair and equitable distribution of tribal shares. b .. Increase of $5,000,000.00 for equity funding for California Indian health programs added to IHS. c. Support of $1.~ million for YRTC to Susanville Indian Health Center to be added to IHS. d. Increase of $3,000,000.00 for Contract Health Service (CHS) to be added to IHS. e. Increase of $5,000,000.00 for small facilities grant program added. to IHS. f. Increase of $1,000,000.00 for contract supports costs added to IHS. g. Prohibit IHS from forcing·trib~s int~ competing proposals and unnecessary court costs.

Sycuan Tribal Health Concerns and.Re~gpnnend•tions;National Levels A. Improve the distribution formula for funding of tribal programs. ·a. Improve technical assistance.support for tribal contractors. C. Elimination of the Commissioned Corp personnel system for the Indian Health Service. D. Advocate funding for India.Ii Sel-f-Determination startup contract support costs.

5442 Dehesa Road • El Cajon, California !12019 • (619! 445-0707 4'10

Testimony of Sycuan Medical/Dental Center March 1997

1. The Committee instruct the ms to investigate the crossover of patient users who are registered in one service area yet receive their health care from.another service area on a regular basis.

The Indian Health Service patient registration system is well though out and operates well for registering patients who live in and receive·care from the same health center within the patient's service area. However, when there is a diversity of services or better care as perceived by the patient in a neighboring service area's health center, and when there is close proximity of ~ealth centers, the patient will pick and choose to go where he/she receives the best care for his(her family. Since zip.codes are utilized for the patient's residence within the service area in the IHS Patient Registration System, the patient is presumed to live and receive care in the same service area. Since there is no restriction from patient's traveling to , different locations to receive health care, the patients do exactly that, they travel to different service areas to receive care.

This happens in the case in southern California and particularly in San Diego County. In San Diego County there are four IHS funded service providers: Indian Health Council, serving north county; Southern Indian Health Council, serving most of the south county; Sycuan Medical/Dental Center, services part of the south county on and near the Sycuan Reservation; and San Diego Urban Indian Health; servicing the urban population in the City of. San Diego. Sycuan, although one of the smaller and least IHS funded of the four programs, provides a-comprehensive system which.seems to draw patients primarily from the Southern Indian Health. The Sycuan Tribe does not have any particular complaint · about serving the added patients except that the patients when seen and served at the Sycuan Medical/Dental Center are not counted as users of the Sycuan Medical/Dental Center, but rather are still counted as users of the Southern Indian Health Council. When IHS funds are handed out, the patient user count is most frequently used to determine the amount of funds that are given out to the health program. It is very-disturbing for Sycuan to continually have the patients come the health center and yet have the patient's user <:9unts be counted at Southern Indian Health ~ouncil. ' ·

There· must be a way to have the patient user count be given to the health program that is used most by the patient, i.e., where he/she receives most of the care, most of the time even if he/she lives in.one service area-and receives.care in another service area.

Sycuan Medical/Dental Center is-quite frankly tired of providing the care to·the patients and not getting the credit (muser count) for the service, especially when IHS resources are dependent on the data count.

2. Increase.of$160,000 for Sycuan Medical/Dental Center. There has been a historical lack of equitable·fundingfor the Medical/Dental Center because of the small number of clinic patients used in IHS formula funding. The IHS formulas-do .not fit the miniature programs operating in California. -· ,, Because the formulas are weighted toward large IHS Service Units systems,'the very smallprograms simply do not figure into the formulas resulting in little or no increases in funding. This increased funding · .wiltcover:the cost·ofinflation experienced.by the program over the past five years. ·

·An important factor .to understand in regard to resource allocation is that IHS continues to use the system .which has always used to distnlrute funds and which the Court had.found to be:illegal in the Rincon Band ofMission Indians et al. V. Harris case. · ·

Page2 471

a. Indian Health Service Tribal Shares Distribution. There are 30 California tribes who have chosen not to take their tribal shares from the Indian Health Service.. In general, the tribes feel that in weighing the benefit and services return to their tribal patients, it is better to leave the tribal shares with the IHS. The non-taker tribes are seeking greater input on the retained funds and a fair and equitable distribution of tribal shares. Potential Harm to Tribes not taking Tribal Shares - The major concern by the tribes is that the services and technical assistance needed by the tribes will not be available at the Area Office because there will be too few staff or the kinds of people who survive the reductions will not be able to adequately interact with the Indian people. The surviving staff may not necessarily be committed to assisting the tribal programs because of the general attitude oflHS staff that the tribes cannot adequately administer a health care program. These retained staff need to be an extension of the tribal program staff and thus need to function as a coordinated team in providing health care to the patients of the small programs. Without adequate skills of coordinated team management oflHS staff small programs will suffer.

The following tribes have chosen not to take their tribal shares. (These tribes, rancherias, are termed "non-taker" tribes meaning that they did not take their tribal shares): Alturas, Auburn, Big Valley, Cederville, Chico, Colusa, Cortina, Coyote Valley, Elem Indian Colony, Enterprise, Grindstone, Guidiville, Hopland, Ione, Laytonville, Lone Pine Reservation, Middletown, Paskenta, Pinoleville, Potter Valley, Pit River Tribe of California, Quartz Valley, Redwood Valley, Robinson, Round Valley Reservation, Scotts Valley, Sherwood Valley, Sycuan Reservation, Table Mountain, and Upper Lake.

Unfair Distribution Formula - The formula that was used to determine the tribal shares continued to award the programs with high user counts. The formula was weighted toward the larger funded programs in that users were stressed. This weighing is not fair to the smaller programs that do not have high user counts and thus are not given the opportunity for significant increases in their funding. Additional funds for California health programs have been distributed using this same factor, leaving the smaller user programs without a chance to catch up on funding.

The Level of Need Funded (LNF) factor that has been used in the past by the IHS as a means to equitably distribute new and discretionary funds among tribal programs was not used in this tribal shares distribution. As a result, some tribal programs with more than I 00% of their needs already funded, got these new tribal shares funds while there are still many tribal programs with less than I 00% of their needs funded. In addition, the IHS has not dealt with the issue of patients not counted when they are seen by a health program other than their base program where they are registered, i.e., the "other" clinic does not get credit for the care·even when this occurs frequently. The formula and the criteria used to distribute tribal shares are unfair and promote the "rich to get richer."

The greatest concern of the non-taker tribes is th~t the available IHS funding may be insufficient to provide comprehensive health services and technical assistance to the tribes who do not take their tribal shares. The non-taker tribes are the smaller tribes who have a difficult enough time contracting for their health services because most of the tribes are fewer than 250 members each. Although these tribes contract with the IHS for health services for their members, they lack the adequate administrative staff and management capabilities of the larger health programs. Small tribes are not able to take advantage of economies of scale available to the larger health. pro~s.

See appendix for full statement of the non-taker tribes ~n tribal shares.

~age3 472

b. Increase of $5,000,000 for equity funding for California programs: Even with the Rincon case, IHS has not fundamentally altered the way it distributes the bulk of its health care funds to tribes. It still distributes almost all ofits funds on program continuity. Without sufficient funding, the programs will not be able to provide high workload data; and conversely without workload statistics, the programs will be unable to justify additional funding. (See more in appendix on Service Unit comparison) c. Support of $1.4 million for YRTC to Susanville Indian Health Center: Susanville is in a position to establish a youth treatment center after almost ten years of California discussion. Many tribes support Susanville in this endeavor and requests that Congress support the development with this funding. -d. Increase of $3,000,000 for Contract Health Service - Additional funds are needed to assure equal access to CHS care services throughout California and to improve the management of CHS resources. All California tribes do agree that additional funds should be added to California for contract health care. Contract health care funding in California is the lowest (when compared to other IHS Areas) in the entire IHS system. The national average for IHS active user, when compared to California's average per active user, still shows a deficiency of California's user of more than 50%. Funds to go to the tribes. e. Increase of $5,000,000 for small facilities grant program: The Indian Health Care Improvement Act, as amended, provides for a grant program for small ambulatory 638 facilities. Congress needs to fund this program to assist small tribal programs who are not within the IHS power funding curve. f. Increase of $1,000,000 for contract supports costs: There is a shortfall in funds needed to carry out the management portion of contracting governmental functions which have been ignored in California. g. Prohibit ms from forcing tribes into competing proposals and unnecessary court costs: The IHS seems to encourage the tribes to contract for competing service area territory which results in competing proposals. Five court cases in the past seven years is costly and takes away funding from health care. A. Improve the distribution formula for funding of tribal programs: Of the $999 million dollars IHS allocated between 1986 and 1988, using the RAM formula, California received only $4.5 million. RAM funding deficiencies were calculated with respect to existing programs and current services and not with respect to new and additional health services required for comparability across areas. California was again left behind all other areas for it did not have all the services provided to other areas and the funding formula that IHS used was not designed to allow California to obtain the comparable services. LNF has not eliminated this issue. Population figures should be used instead of workload data in California which has been chronically underfunded until adequate funding can be generated. This is an important issue. B. Improve technical assistance support for tribal contractors: The Office of the Inspector General Report dated March 1996, stated that tribes still want IHS to provide funding so they can contract with sources other than IHS for technical assistance and training. C. Elimination of the Commissioned Corp personnel system for the Indian Health Service: This personnel system is costly and antiquated when compared to the civil service system. The Corp promotes payment oflarge salaries for professional who do not practice in their profession but rather function in administrative positions. Corpsman assigned to tribes should remain in place or tribes be compensated. D. Advocate funding for Indian Self-Determination startup contract support costs: The hidden costs that tribes experience when taking on a Self-Determination Act contract are normally supported by the contract support costs. The Committee must realized that tribes need this fund in order to manage the health care system.

Sycuan Medical/Dental Center - The Sycuan Medical/Dental Center is a federally funded ambulatory health center located in southern California and is the health division of the Sycuan Reservation. The Medical/Dental Center provides health care to tribal members and all tribal staff. The Tribe contracts for its own h~th care services through a Self-Determination contract having done so since 1989.

Page4 473

Testimony Modoc Tl'IINd llealtll l'kepaaa Alturas, California Presented to the House Appropriations Committee · · on the Interior Related Agencies

Fiscal Year 1998 Appropriations for BIA & IHS March 12, 1997

Summary of Modoc Tribal Health P!oject Prioritie9

I . The Committee instruct the Indian Health Service to resume work with .the Modoc Tribal Health Proj°ect with respect to the Deep Loqk Program regarding health facilities.

Modoc Tribal Health Project Recom~endations: Calimmia Regional Level:

a. Increase greater input of small tribes not taking tribal shares and make a fair and equitable distribution of tribal shares. b. Increase of$5,000,000 for equity funding for California Indian health programs added to IHS c. Support of $1. 4 million for YRTC to Susanville Indian Health Center to be added to IHS. d. Increase of$3,000,000 for Contract Health Service (CHS) to be added to IHS e. Increase of$5,000,000 for small facilities grant program add~ to IHS f Increase of$l,000,OO0 for contract supports costs added to IHS g. Prohibit IHS from forcing tribes into competing proposals and unnecessary court costs.

Modoc Tribal Health Project Concerns and Recommendations: National Level:

A. Improve the distribution formula for funding of tribal programs. B. Improve technical assistance support for tribal contractors. C. Elimination of the Commissioned Corp personnel system for the Indian Health Service. D. Advocate funding for Indian Self-Determination startup contract·support costs. 474

Testimony of Modoc Tribal Health Project March 1997

1. The Committee instruct the Indian Health Service to resume work with the Modoc Tribal ., Health Project with respect to the Deep Look Program regarding health facilities. - The Indian Health Service began work with the Modoc Tribal Health Project two (2) years ago and them without further communication, the agency discontinued communications. The Project is simply requesting that the Committee instruct the Indian Health Service to resume discussions and assistance with the Modoc Tribal Health Project on this Deep Look Program.

The Project agrees with many of the other tribes and health programs that are C9mmenting on the lack of equity funding for small tribes. The Committee must do something to force the IHS to fulfill the mandate of the Rincon Case·decision to provide equity funding to the tribes in California.

·a. Indian Health Service Tribal Shares Distribution. Thirty (30) California tribes have chosen not to take their tribal shares from the IHS. In general, the tribes feel that in weighing the benefit and services return to their tribal patients, it is better to leave the tribal shares with the IHS. The non-taker tribes are seeking greater input on the retained funds and a fair and equitable distribution of tribal shares."

Potential Harm to Tribes not taking Tribal Shares - The·major concern by the tribes is that the services and technical assistance needed by the tribes will not be available at the Area Office. They feel that there will be too few staff with the necessary disciplines and that taker tribes still continue to take up staff time.· In addition, surviving staff may not necessarily be committed to assisting the tribal programs because of a general attitude of IHS staff that the tribes cannot adequately administer health care programs. The retained staff need to be an extension of the tribal program staff and thus need to function in a coordinated effort in-providing health care to the patients of the small programs. Without this coordinated team effort on behalfofIHS staff, small programs will suffer.

The following tribes have chosen not to take their tribal shares. (These tribes, rancherias, and reservations are termed "non-taker" tribes meaning that they did not take their tribal shares): Alturas, Auburn, Big Valley, Cedervil/e, Chico, Colusa, Cortina, Coyote Valley, Elem Indian Colony, Enterprise, Grindstone, Guidiville, Hop/and, Jone, Laytonvil/e, Lone Pine Reservation, Middletown, Paskenta, •· Pino/eville, Potter Valley, Pit River Tribe of California, Quartz Valley, Redwood Valley, Robinson, Round ValleyReservation, Scotts Valley, Sherwood Valley, Sycuan Reservation, Table Mountain, and Upper Lake

Unfair Distribution Formula - The formula that was used to determine the tribal shares continued to award the programs with high user counts. The formula was weighted toward the larger funded programs in that users were stressed. · This weighing is not fair to the smaller programs that do not have high user counts and thus are not given the opportunity for significant increases in their funding. Additional funds for California health programs have been distributed using this same factor, leaving the ·smaller user programs without a chance to catch up on funding.

Page2 475 funded. In addition, the ms has not dealt with the issue of patients not counted when they are seen by a health program other than their base program where they are registered. i.e., the "other" clinic does not get credit for the care even when this occurs frequently. The fonnula and the criteria used to distribute tribal shares i:re unfair and promote the "rich to get richer."

The greatest concern of the non-taker tn1>es is that the available ms funding may be insufficient to provide comprehensive health services and technical assistance to the tribes who do not take their tribal shares. The non-taker tn"bes are the smaller tn"bes who have a difficult enough time contracting for their health services because most ofthe tribes are fewer than 2S0 members each. Although these tnbes contract with the ms for health savices for their members, they lack the adequate administrative staff and management capabilities of the larger health programs. Small tn1>es are not able to take advantage of economies of scale available to the larger health programs.

See appendix for position paper adopted by a majority (20 of the 30) of the non-taker tnbes. b. Increase of 55,000,000 for eqllity f'uadiag for Calif'omia programs: Even with the Rincon case, llfS has not fundamentally altered the way it distnoutes the bulk of its health care funds to tribes. It still distributes almost all of its funds on program continuity. Without sufficient funding, the programs will not be able to provide high workload data; and conversely without workload statistics, the programs will be unable to justify additional funding. (See more in appendix on Service Unit comparison) c. Support of Sl.4 mBlioa for YRTC to Suaoville Indian Healtla Center: Susanville is in a position to establish a youth treatment center after almost ten years of California discussion. Many tribes support Susanville in this endeavor and requests that Congress support the devdopment with this funding. d. Increase of 53,000,000 for Contract Health Service - Additional funds are needed to assure equal access to CHS care services throughout California and to improve the management of CHS resources. All California tnl>es agree that additional funds should be added to California for contract health care. Contract health care funding in California is the lowest (when compared to other ms Areas) in the entire IHS system. The national average for llfS active user, when compared to California's average active user, still shows a deficiency ofCalifornia's users of more than 50%. Funds to be distributed to tribes. e. Increase of 55,000,000 for null facilities grant program: The Indian Health Care Improvement Act, as amended, provides for a grant program for small ambulatory 63 8 filcilities. Congress needs to fund this program to assist small tribal programs who are not within the ms power funding curve. r. Increase of Sl,000,000 for contract supports COits: There is a shortfall in funds needed to carry out the management portion of contracting governmental functions which have been ignored in California. g. Prohibit ms from forcing tribes into competiag proposals and unnecessary court costs: The llfS seems to encourage the tribes to contract for competing service area territory which results in competing proposals. Five court cases in the past seven years is costly and takes away funding from health care.

A. Improve the diltributioa f'onlala for fandiag of tnl,al programs: Of the $999 million dollars ms allocated between 1986 and 1988, using the RAM formula, California received only $4.5 million. RAM funding deficiencies were calculated with respect to existing programs and current services and not with

Pagel 476

respect to new and additional health services -required for comparability across areas. California was again left behind all other areas for it did not have all the services provided to other-areas and the funding formula that IBS used was not designed to allow California to obtain the comparable services.· LNF has not eliminated this issue. Population figures should be used instead of workload data in California which has been chronically underfunded until adequate funding can be generated. This is an important issue.

B. Improve technical assistance support for tribal contracton: The Office of the Inspector General Report dated March 1996, stated that tnbes still want IHS to provide funding so they can contract with sources other than· IBS for technical assistance and training

C. Elimination of the Commissioned Corp-system for the ms: This Commissioned Corp personnel system is costly-and antiquated when compared to the civil service system. The IBS promotes payment of large salaries to professionals who do not function in their profession. Corpsman who are assigned to tribes should remain in place or tribes be compensated if the position is transferred. The transition should be phased out such that tribes do not lose positions nor funds for a,position.

D. Advocate funding for Indian Self-Determiuation,startup,contract support costs: The hidden . costs that tribes experience when taking on a Self-Determination Act contract are normally supported by the contract support costs. The Committee must realized that tribes need this fund in order to manage the health care system.

Modoc Tribal Health Project - The Modoc-Tribal Health Project is a federallynmded ambulatory health center located in northeastern California. The Project has operated under an· Indian Self- Determination Act contract since 1980.

.Page4 477

LAKE COUNTY TRIBAL HEALTH CONSORTIUM, INC. 5116 Hill Road East Lakeport, California 95453

Testimony Lake~ TrilNII Bealtll Consortlrma Lakeport, California Presented to the House Appropriations Committee on the Interior & Related Agencies

Fiscal Year 1998 Appropriations for BIA & IHS March 12, 1997

Summary of Lake County Tribal Health Center Priorities

l. Increase of$60,000 for planning personnel for Lake County Tnl>al Health Center added to IHS.

2. Increase of$160,000 for Lake County Tnl>al Health added to Hospital and Clinics, IHS.

Lake County Tribal Healtb Center Recommeadatiom~ Calimmia lleginpel T.evel:

a. Increase greater input of small tribes not taking tnl>al shares and make a fair and equitable distribution of tribal shares. b. Increase of $5,000,000 fo~ equity funding for California Indian health programs added to IHS c. Support of$l.4 million for YRTC to Susanville Indian Health Center to be added to IHS. d. Increase of$3,000,000 for Contract Health Service (CHS) to be added to IHS e. Increase of $5,000,000 for small &cilities grant' program added to IHS f. ,Increase ofSl,000,000 for contract supports costs added to HIS g. Prohibit IHS from forcing tnl>es competing proposals and unnecessary court costs.

Lake County Tribal Healtb Center Conc:enu and Recommendatiom: National Level:

A. Improve the distnl>ution formula for funding oftnl>al programs. 8. Improve techajcal assistance support for tnl>al contractors. C. Elimination of the Commissioned Corp P.CfSC>nnel system for.the Indian Health Service. D. Advocate funding for Indian Self-Determination startup contract support costs.

DENTAL (707) 283-8380 · MEDICAL (707) 268-8322 • A1>MINISTRATION (707) 283-8382 1-800-7&0-'1181 478

Testimony of Lake County Tribal Health Center March 1997

t: Increase of 3i60,000 for planning personnel for Lake County Tribal Health Center - The Lake County Tribal Health Center requests that the Committee instrucrthe Indian-Health Service to provide $60,000 to the Lake County Tribal Health Center to hire a-planner for the Program. A planning position 0 will be able to assist the Program with the necessary planning·and more specifically with the acquisition of - a new health facility. ,

The Program currently rents space for the Health Center operation. The lease will be coming up soon and there is great concern that the Program will:not be able to continue to operate its.Program in the facility. The Program needs·to_begin planning for a future facility and for program growth as the current facility is too crowded and limits the ability of the Program to provide comprehensive care to the Service Area population. ·

The Lake County Tribal.Health Center is been very concerned about the quality and quantity of health services for Indian people living in the. Lake County Service Area. The Health Center has been very patient over the years in putting up with the lack of comprehensive health services to the Tribes in the Service Area. The existing facility operated by the Tribes' health organization only provides limited medical services and cannot provide comprehensive.dental, radiology or physical therapy and pharmacy services due to the limited space. In addition, ·it has been very difficult to recruit and retain professional staff due to the conditions of the facility and the limited services. Professional staff highly expect and depend-upon adequate facilities, equipment.and support staff. Without such, they will either not com~ to work-for or stay with the Tribal Program.

Over the last several years the Congress has made available to the Indian Health Service an annual appropriation for facility maintenance and improvements. The Lake County Tribes has had very little opportunity to share equally in these resources. Therefore,-it has been impossible to up-grade or add facility space for needed -services. The Lake County Tribal Health Center is very proud of the fact that they have,' in fact, helped themselves and have not asked for direct federal construction of the health · center facility, but we do desperately-need help in providing the resources to hire staff that will assist with an expanded facility.

We have done all we can by ourselves and we need·your help. The Trib~ requests that the Congress direct the Indian Health Service to provide $60,000 to recruit and·hire a planning position for the Tribes' Health Center and in the future provide the opportunity to share in the annual facilities and equipment funds made available in-the Indian Health Service budget.

2. Increase ofS160,000 for Lake County Tribal Health. There has been a historical lack of equitable funding for the Health Center because of the small numbers of clinic patients used in IHS formuJa' funding. The program operating in California are miniature is size when compared to the health systems operated ·by·the IllS or tribal.programs operated in other states. As a result; the·IHS formuJas do not fit the · miniature programs operating in·California. Because the formulas.are weighted toward large IHS Service ·Units systems, the very small programs as found in California simply do not figure into the formulas. · . resulting in little or no.increases in funding. This-increased funding will cover the-cost of-inflation experienced by the program-over the past ten years. • · · ·

Page2 479

a. Indian Health Service Tribal Shares Distribution. Thirty (30) California tribes have chosen not to take their tribal shares from the IHS. In general, the tribes feel that in weighing the benefit and services return to their tribal patients, it is better to leave the tribal shares with the IHS. The non-taker tribes are seeking greater input on the retained funds and a fair and equitable distribution of tribal shares.

Potential Harm to Tribes not taking Tribal Shares - The major concern by the tribes is that the services and technical assistance needed by the tribes will not be available at the Area Office. They feel that there will be too few staff with the necessary disciplines and that taker tribes still continue to take up staff time. In addition, surviving staff may not necessarily be committed to assisting the tribal programs because of a general attitude of IHS staff that the tribes cannot adequately administer health care programs. The retained staff need to be an extension of the tribal program staff and thus need to function in a coordinated effort in providing health care to the patients of the small programs. Without this coordinated team effort on behalf ofIHS staff: small programs will suffer.

The following tribes have chosen not to take their tribal shares. (These tribes, rancherias, are termed "non-taker'' tribes meaning that they did not take their tribal shares): Alturas, Auburn, Big Valley, Cederville, Chico, Colusa, Cortina, Coyote Valley, Elem Indian Colony, Enterprise, Grindstone, Guidiville, Hop/and, Jone, Laytonville, Lone Pine Reservation, Middletown, Paskenta, Pinolevil/e, Potter Valley, Pit River Tribe of California, Quartz Valley, Redwood Valley, Robinson, Round Valley Reservation, Scotts Valley, Sherwood Valley, Sycuan Reservation, Table Mountain, and Upper Lake.

Unfair Distribution Formula - The formula that was used to determine the tribal shares continued to award the programs with high user counts. The f~rmula was weighted toward the larger funded programs in that users were stressed. This weighing is not fair to the smaller programs that do not have high user counts and thus are not given the opportunity for significant increases in their funding. _Additional .funds for California health programs have been distributed using this same factor, leaving the smaller user programs without a chance to catch up on funding.

The Level of Need Funded (LNF) factor that has been used in the past by the IHS as a means to equitably distribute new and discretionary funds among tribal programs was not used in this tribal shares distribution. As a result, some tribal programs with more than I 00% of their needs already funded, got these new tribal shares funds while there are still many tribal programs with less than I 00% of their needs funded. In addition, the IHS has not dealt with the issue of patients not counted when they are seen by a health program other than their base program where.they are registered, i.e., the "other'' clinic does not get credit for the care even when this occurs frequently. The formula and the criteria used to distribute tribal shares are unfair and promote the "rich to get richer."

The greatest concern of the non-taker tribes is that the available IHS funding may be insufficient to provide comprehensive health services and technical assistance to the tribes who do not take their tribal ., shares. The non-taker tribes are the smaller tribes who have a difficult enough time contracting for their health services because most of the tribes are.fewer than 250 members each. Although these tribes contract with the IHS for health services for their members; they lack the adequate administrative staff and management capabilities of the larger health programs.. Small tribes are not able to take advantage of economies of scale available to the larger h~th programs.

See appendix for position paper adopted by a majority (20 of the 30) of the non-taker tribes.

Page3

40-073 97 - 16 480

b. Increase of $5,000,000 for equity funding for California programs: Even with the Rincon case, IHS has not fundamentally altered the way it distributes the bulk of its health care funds to tribes. It-still distributes almost all of its funds on program continuity. Without sufficient funding, the programs will not be able to provide high workload data; and conversely without workload statistics, the programs will be unable to justify additional funding. (See more in appendix on Service Unit comparison) c. Support of $1.4 million for YRTC to Susanville Indian Health Center: Susanville is in a position to establish a youth treatment center after almost ten years of California discussion. Many tribes support Susanville in this endeavor and requests that Congress support the development with this funding. d. Increase of $3,000,000 for Contract Health Service - Additional funds are needed to assure equal access to CHS care services throughout California and to improve the management of CHS resources. All California tribes agree that additional funds should be added to California for contract health care. Contract health care funding in California is the lowest (when compared to other IHS Areas) in the entire IHS system. The national average for IHS active user, when compared to California's average active user, still shows a deficiency of California's users of more than 50%. Funds to be distributed to tribes. e. Increase of $5,000,000 for small facilities grant program: The Indian Health Care Improvement Act, as amended, provides for a grant program for small ambulatory 63 8 facilities. Congress needs to fund this program to assist small tribal programs who are not within the IHS power funding curve. f. Increase of $1,000,000 for contract supports costs: There is a shortfall in funds needed to carry out the management portion of contracting governmental functions which have been ignored in California. g. Prohibit ms from forcing tribes into competing proposals and unnecessary court costs: The IHS seems to encourage the tribes to contract for competing service area territory which results in competing proposals. Five court cases in the past seven years is costly and takes away funding from health care. A. Improve the distribution formula for funding of tribal programs: Of the $999 million dollars IHS allocated between 1986 and 1988, using the RAM formula, California received only $4.5 million. RAM funding deficiencies were calculated with respect to existing programs and current services and not with respect to new and additional health services required for comparability across areas. California was again left behind all other areas for it did not have all the services provided to other areas and the funding formula that IHS used was not designed to allow California to obtain the comparable services. LNF has not eliminated this issue. Population figures should be used instead of workload_ data in California which has been chronically underfunded until adequate funding can be generated. This is an important issue. B. Improve technical.assistance support for tribal contractors: The Office of the Inspector General Report dated March 1996, stated that tribes still want IHS to provide funding so they can contract with sources other than IHS for technical assistance and training. C. Elimination of the Commissioned Corp system for the ms: This personnel system is costly and antiquated when compared to the civil service system. The IHS promotes payment of large salaries to professionals who do not function in their profession. Corpsman assigned to tribes should remain in place or tribes be compensated and the process should be phased out such that tribes do not lose positions. D. Advocate funding for Indian Self-Determination startup contract support costs: The hidden costs that tribes experience when taking on aSelf-Determination Act contract are normally supported by the contract support costs. The Committee must realized that tribes need this fund in order to manage the health care system.

Lake County Tribal Health Center - The Lake County Tribal Health Center is a federally funded ambulatory health center located in northern California and is the health division of: Big Valley Rancheria, Elem Indian Colony, Middletown Rancheria, Robinson Rancheria, Scotts Valley Rancheria, and Upper Lake Rancherta. The Tribes have had "638" contract since 1985.

Page4 481

Hoptand Band -of Pomo Indians

P.O. BaK 610 Hopland, CA 95449 707-744-1647 - FAX 707-744-1506 Testimony lloplandTl'IINdllealtll Hopland, California Presented to the ·, House Appropriations Committee on the Interior & Related Agencies

Fiscal Year 1998 Appropriations for BIA & IHS March 12, 1997

Summary of Hopland Tribal Health Priorities

1. Increase of$200,000 for Contract Health Services added to IHS. 2. Increase of $3,500,000 for water system added to, IHS. 3. . Increase _ofS440,000 for construction for Consolidated Tribal Health added to IHS. 4. · Increase of$360,000 for Consolidated Tribal Health added to Hospital and Clinics, IHS.

Hopland Tribal Health Recommendations~ Calimmia R@gional Level: , a. Increase greater input of small tribes not taking tribal shares and make a fair and equitable distribution of tribal shares. b. Increase of$5,000,000 for equity funding for California Indian health programs added to IHS c. Support of $1.4 million for YRTC to Susanville Indian Health Center to be added to IHS. d. Increase of$3,000,000 for Contract Health Service (CHS) to be added to IHS e. Increase of$5,000,000 for ·small facilities gran~ program ad4ed to IHS f Increase of$1,000,000 for contract supports costs added to IHS g. Pro~bit IHS from forcing tn"bes into competing proposals and unnecessary court costs

Hopland Tribal Health Concerns and-Recommendations: National Level: A Improve the distribution fonnula for funding oftnbal programs. B. Improve technical assistance support for tnbal contractors. C. Elimination of the Commissioned Corp personnel system for the Indian Health Service. D. Advocate funding for Indian Self-Determination startup contract support costs. 482

Testimony of Hopland Tribal Health March 1997

1. Increase of $200,000 for Contract Health Services added to ms: The Tribe needs to develop a modular unit to house the increasing CHS servi~s of the Tribe. Increased demand on the CHS program has placed stress on the limited resources of the Tribe .. High diabetic problems plague the tribal members

2. Increase of $3,500,000 for water. system added to, ms. The Committee is instructed to increase IHS funds by the amount of $3. 5 million for a water system for the Hopland Rancheria. These funds will permit the Tribe to hook up to the local township ofHopland's water system.

Water is scarce on the Rancheria and it is well documented that the Tribal water system lacks in quality and quantity. The BIA, IHS, EPA and the U.S. Geological Survey as well as private engineering consultant firms have all sponsored studies or implemented construction projects to improve the water supply for the Tribe. More than a dozen wells have been drilled on the Rancheria, but few provide adequate water.

Several surface water collection facilities have also been constructed in Rancheria creeks, but the ephemeral nature of the creeks and the lack of adequate surface water treatment hve rendered these projects ineffective. To date, the search for clean, dependable water supplies has been largely unsuccessful.

Hooking up to the township ofHopland seems to be the only viable solution that will the solve the water problems of the Tribe. We hope that the Committee will look favorably on this request as we can only look to you for help.

3. Increase of $440,000 for construction for Consolidated Tribal Health. The Tribe requests that the Committee instruct the Indian Health Service to provide $440,000 to the Consolidated Tribal Health Project to purchase the necessary medical and dental services that the Project used for the new addition to the Project's Health Center.

The facility was funded by HUD through a joint venture with the Tribes and a low interest loan awarded by the California Health Financing Authority. Since very little health facility funds come to California for the tribes, only $250,000 was awarded by IHS to build the health center. The Tribes had to use their health care funds for the cost of the new health center. In addition, it has been very difficult to recruit and retain professional staff due to the conditions of the facility and the limited services. Highly qualified health professionals expect and depend upon adequate facilities, equipment and support staff. Without such, they will either not come to work for or stay with the Program.

4. Increase of S360,000 for Consolidated Tribal Health Project. There has been a historical lack of equitable funding for the Health Center because of the small number of clinic patients used in IHS formula funding. The IHS formulas do not fit the miniature programs operating in California. Because the formulas are weighted toward large IHS Service Unit systems, the small programs simply do not figure into the formulas resulting in little or no increases in funding. This increased funding will cover the cost of inflation and increased patient census (2,131 to 3,619) experienced by the program over the past five years.

Page2 483

a. Indian Health Service Tribal Shares Distribution. Thirty (30) California tribes have chosen not to take their tribal shares from the ms. In general, the tribes feel that in weighing the benefit and services return to their tribal patients, it is better to leave the tribal shares with the ms. The non-taker tribes are seeking greater input on the retained funds and a fair and equitable distribution of tribal shares.

Potential Harm to Tribes not taking Tribal Shares - The major concern by the tribes is that the services and technical assistance needed by the tribes will not be available at the Area Office. They feel that there will be too few staff with the necessary disciplines and that taker tribes still continue to take up, staff time. In addition, surviving staff may not necessarily be committed to assisting the tribal programs because of a general attitude of ms staff that the tribes cannot adequately administer health care programs.. The retained staff need to be an extension of the tribal program staff and thus need to function in a coordinated effort in providing health care to the patients of the small programs. Without this coordinated team effort on behalf ofmS staff, small programs will suffer.

The following tribes have chosen not to take their tribal shares. {These tribes, rancherias, are termed "non-taker" tribes meaning that they did not take their tribal shares): Alturas, Auburn, Big Valley, Cedervi/le, Chico, Colusa, Cortina, Coyote Valley, Elem Indian Colony, Enterprise, Grindstone, Guidiville, Hop/and, Jone, Laytonville, Lone Pine Reservation, Middletown, Paskenta, Pinolevil/e, Potter Valley, Pit River Tribe of California, Quartz Valley, Redwood Valley, Robinson, Round Valley Reservation, Scotts Valley, Sherwood Valley, Sycuan Reservation, Table Mountain, and Upper Lake.

The Level of Need Funded (LNF) factor that has been used in the past by the ms as a means to equitably distribute new and discretionary funds among tribal programs was not used in this tribal shares distributiQn. As a result, some tribal programs with more than 100% of their: needs already funded, got these new tribal shares funds while there are still many tribal programs with less than 100% of their needs funded. In addition, the ms has not dealt with the issue of patients not counted when they are seen by a health program other than their base program where they are registered, i.e., the "other'' clinic does not get credit for the care even when this occurs frequently. The formula and the criteria used to distribute tribal shares are unfair and promote the "rich to get richer."

The greatest concern of the non-taker tribes is that the available ms funding may be insufficient to provide comprehensive health services and technical assistance to the tribes who do not take their tribal shares. The non-taker tribes are the smaller tribes who have a difficult enough time contracting for their health services because most of the tribes are fewer than 250 members each. Although these tribes contract with the ms for health services for their members, they lack the adequate administrative staff and management ~pabilities of the larger health programs. Small tribes are not able to take advantage of economies of scale available to the larger health programs.

See appendix for position paper adopted by a majority {20 of the 30) ofihe non-taker tribes.

· Page 3 484

b. Increase of $5,000,000 for equity funding for California programs: Even with the Rincon case, IHS has not fundamentally altered the way it distributes the bulk of its health care funds to tribes. It still distributes almost all of its funds on program continuity. Without sufficient funding, the programs will not be able to provide high workload data; and conversely without workload statistics, the programs will be unable to justify additional funding. (See more in appendix on Service Unit comparison) c. Support of $1.4 million for YRTC to Susanville Indian Health Center: Susanville is in a position to establish a youth treatment center after almost ten years of California discussion. Many tribes support Susanville in this endeavor and requests that Congress support the development with this funding. d. Increase of $3,000,000 for Contract Health Service -Additional funds are needed to assure equal access to CHS care services throughout California and to improve the management of CHS resources. All California tribes agree that additional funds should be added to California for contract health care. Contract health care funding in California is the lowest (when compared to other IHS Areas) in the entire IHS system. The national average for IHS active user, when compared to California's average active user, still shows a deficiency of California's users of more than 50%. Funds to be distributed to tribes. e. Increase of $5,000,000 for small facilities grant program: The Indian Health Care Improvement Act, as amended, provides for a grant program for small ambulatory 63 8 facilities. Congress needs to fund this program to assist small tribal programs who are not within the IHS power funding curve. f. Increase of $1,000,000 for contract supports costs: There is a shortfall in funds needed to carry out the management portion of contracting governmental functions which have been ignored in California. g. Prohibit ms from forcing tribes into competing proposals and unnecessary court costs: The IHS seems to encourage the tribes to contract for competing service area territory which results in competing proposals. Five court cases in the past seven years is costly and takes away funding from health care. A. Improve the distribution formula for funding of tribal programs: Of the $999 million dollars IHS allocated between 1986 and 1988, using the RAM formula, California received only $4.5 million. RAM funding deficiencies were calculated with respect to existing programs and current services and not with respect to new and additional health services required for comparability across areas. California was again left behind all other areas for it did not have all the services provided to other areas and the funding formula that IHS used was not designed to allow California to obtain the comparable services. LNF has not eliminated this issue. Population figures should be used instead of workload data in California which has been chronically underfunded until adequate funding can be generated. This is an important issue. B. Improve technical assistance support for tribal contractors: The Office of the Inspector General Report dated March 1996, stated that tribes still want IHS to provide funding so they can contract with sources other than IHS for technical assistance and training. C. Elimination of the Commissioned Corp personnel system for the Indian Health Service: This personnel system is costly and antiquated when compared to the civil service system. The Corp promotes payment of large salaries for professional who do not practice in their profession but rather function in administrative positions. Corpsman assigned to tribes should remain in place or tribes be compensated. D. Advocate funding for Indian Self-Determination startup contract support costs: The hidden costs that tribes experience when taking on a Self-Determination Act contract are normally supported by the contract support costs. The Committee must realized that tribes need this fund in order to manage the health care system.

Hopland Tribal Health - The Tribal Health Program is the health department of the Hopland Rancheria, a federally recognized tribe. The Tribe operates its Health Program in conjunction with the Consolidated Tribal Health Project, a federally funded ambulatory health center located in north costal section of California. The Tribe contracts for its own contract health services and community health representative through a Self-Determination contract having done so since 1986.

Page4 485

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March 14, 1997

Testimony of Table Mountain Rancheria Medical, Dental, Vision Center

1. Increase of $100,000 for Medical Equipment for Table Mountain Rancheria Medical, Dental, Vision Center . Table Mountain Rancheria Medical, Dental, Vision Center requests that the Committee instruct the Indian Health Service to provide $100,000 to the Health Center to reimburse the tribe for necessary medical and dental equipment purchased from Tribal Resources.

The Table Mountain Rancheria Medical, Dental, Vision Center further requests that the Committee direct the Indian Health Service in the future to provide the opportunity for the Tribe's Health Center Facility to share in the additional equipment funds made available by Congress in the annual budget for the I.H.S.

All Indian Health Centers share concerns over the quality and quantity of health services for Indian people living in isolated rural areas. Traditionally funding formulas based on basically urban models preclude the development of adequate Health Care models with state of the art equipment. The problems should be addressed by adequately funding the cost of these facilities, which serve some of the most culturally and geographically isolated populations..

2. Increase of$460,000 for Table Mountain Rancheria Medical, Dental, Vision Center. As alluded to before, the current funding models will provide little relief to the problems of Indian Health care in California. As is already known, California does not have large reservations for all separate Indian groups. Instead in areas such as Table Mountain Rancheria Medical, Dental, Vision Center there are small Rancheria's with bands comprised of different tribes. In the case of Table Mountain there are two predominant Tribal groups-Chuckchansi and Mono. This Rancheria is located twenty miles from Fresno. The health care for tribal members has been largely paid for by resources from the tribe's gaming earnings. Services are provided to Native Americans regardless of their ability to pay. However, all resources are finite and it seems that it would be appropriate for I.H.S. to fund a larger portion of the cost of operating our Health Center. The budget for start up and operation for the first year was $1,788,000. The I.H.S. provided $65,000. This carries with it other benefits, such as protection under the Federal Torts Claims Act. However, it does not appear inappropriate to ask that the I.H.S. Be able to fund at least one third of the cost of health care to uninsured/underserved Native Americans.

Page2 487

a. Indian Health Service Tribal Shares Distribution. There are 30 California tribes who have chosen not to take their tribal shares from the Indian Health Service. In general, the tribes feel that in weighing the benefit and services return to their tribal patients, it is better to leave the tribal shares with the I.H.S. The non- taker tribes are seeking greater input on the retained funds and a fair and equitable distribution of tribal shares.

Potential Harm to Tribes not taking Tribal Shares - The major concern by the tribes is that the services and technical assistance needed by the tribes will not be available at the Area Office because there will be too few staff or the kinds of people who survive the reductions will not be able to adequately interact with the Indian people. The surviving staff may not necessarily be committed to assisting the tribal programs because of the general attitude ofl.H.S. staff that the tribes cannot adequately administer a health care program. These retained staff need to be an extension of the tribal program staff and thus need to function as a coordinated team in providing health care to the patients of the small programs will suffer.

The following tribes have chosen not to take their tribal shares. (These tribes, rancheria's, are termed ''non- taker" tribes meaning that they did not take their tribal shares): Alturas, Auburn, Big Valley, Cederville, Chico, Colusa, Cortina, Coyote Valley, Elem Indian Colony, Enterprise, Grindstone, Guidiville, Hopland, Ione, Laytonville, Lone Pine Reservation, Middletown, Paskenta, Pinoleville, Potter Valley, Pit River Tribe of California, Quartz Valley, Redwood Valley, Robinson, Round Valley Reservation, Scotts Valley, Sherwood Valley, Sycuan Reservation, Table Mountain, and Upper Lake.

Unfair Distribution Formula - the formula that was used to determine the tribal shares continued to award the programs with high user counts. The formula was weighted toward the larger funded programs in that users were stressed. This weighing is not fair to the smaller programs that do not have high user counts and thus are not given the opportunity for significant increases in their same factor, leaving the smaller user programs without a chance to catch up on funding. ·

The Level of Need Funded (LNF) factor that has been used in the past by the I.H.S. as a means to equitably distribute new and discretionary funds among tribal programs was not used in this tribal shares distribution. As a result, some tribal programs with more than 100% of their needs already· funded, got these new tribal shares funds while there are still many tribal programs with less than 100% of their needs funded. In addition, the I.H.S. has not dealth with the issue of patients not counted when they are seen by a health program other than their base program where they are registered, IE., the "other" clinic does not get credit for the care even when this occurs frequently. The formula and the criteria used to distribute tribal shares are unfair and promote the ''rich to get richer."

The greatest concern of the non-taker tribes is that the available I.H.S. funding may be insufficient to provide comprehensive health services and technical assistance to the tribes who do not take their tribal shares. The non-taker tribes are the smaller tribes who have a difficult enough time contracting for their health services because most of the tribes are fewer than 250 members each. Although these tribes contract with the I.H.S. for health services for their members, they lack the adequate administrative staff and management capabilities of the larger health programs. Small tribes are not able to take advantage of economies of scale available to the larger health programs.

Pagel 488

b. Increase of $5,000,000 for equity funding for California programs: Even with the Rincon case, I.H.S. IHS has not fundamentally altered the way it distributes the bulk of its health care funds to tribes. It still distributes almost all of its funds on program continuity. Without sufficient funding, the programs will not be able to provide high workload data; and conversely without workload statistics, the programs will be unable to justify additional funding. (See more in appendix on Service Unit comparison) c. Support of $1.1 million for YRTC to Susanville Indian Health Center: Susanville is in a position to establish a youth treatment center after almost ten years of California discussion. Many tribes support Susanville in this endeavor and requests that Congress support the development with this funding. d. Increase of $300,000 for Sierra Tribal Consortium: Turtle Lodge is a culturally sensitive State licensed 90-Day impatient AODA unit. It also provides a Three Quarter Transitional House. This is available to the client/resident who has completed the inpatient phase and wishes to have a safe drug free environment while he pursues vocational and or educational requirements. Outreach/Outpatient AODA counseling services, Youth Alcohol Education, and Community Education are services provided to our patient population. At present the program is in need of providing an additional prjmary treatment counselor as well as a staff support aide at the inpatient facility. Plans are to purchase the facility and to make structural improvements. To do so the agency would need an additional $300,000.00. The Sierra Tribal Consortium was presented with the Indian Health Service Award for Outstanding Achievement in Most Improved Residential Facility in 1996 as a health center. We are committed to making a positive difference for our people, and for that reason we are advocating an additional $300,000.00, which would allow these much needed services to be expanded. e. Increase of $5,000,000 for small facilities grant program: The Indian Health Care Improvement Act, as amended, provides for a grant program for small ambulatory 638 facilities. Congress needs to fund this program to assist small tribal programs who are not within the I.H.S. power funding curve. f. Increase of $1,000,000 for contract supports costs: There is a shortfall in funds needed to carry out the management portion of contracting governmental functions which have been ignored in California. g. Prohibit I.H.S. from forcing tribes into competing proposals and unnecessary court cost: The I.H.S. seems to encourage the tribes to contract for competing service area territory which results in competing proposals. Five court cases in the past seven years is costly and takes away funding form health care. A. Improve the distribution formula for funding of tribal programs: Of the $999 million dollars I.H.S. allocated between 1986 and 1988, using the RAM formula, California receiving only $4.5 million. RAM funding deficiencies were calculated with respect to existing programs and current services and not with• respect to new and additional health services required for comparability across areas. California was again left behind all other areas for it did not have all the services provided to other areas and the funding formula that I.H.S. Used was to designed to allow California to obtain the comparable services. LNF has not eliminated this issue. Population figures should be used instead of workload data in California which has been chronically under funded until adequate funding can be generated. This is an important issue. B. Improve technical assistance support for tribal contractors: The Office of the Inspector General Report dated March 1996, stated that tribes still want I.H.S. to provide funding so they can contract with sources other than I.H.S. for technical assistance and training. C. Elimination of the Commissioned Corp personnel system for the Indian Health Services: This personnel system is costly and antiquated when compared to the civil services system. The corp promotes payment of large salaries for professional who do not practice in their profession but rather function in administrative positions. Corpsman assigned to tribes should remain in place or tribes be compensated. D. Advocate funding for Indian Self-Determination startup contact support costs: The_ hidden costs that tribes experience when taking on a Self-Determination Act contract are normally supported by the contract support cost. The Committee must realized that tribes need this fund in order to manage the health care system.

Page4 489

COYOTE -VALLEY TRIBAL COUNCIL 7751 North State Street P.O. Box 39 Redwood Valley, CA 95470 (707) 485-8723 • FAX: (707) 485-1247

Testimony Coyote Valley Tl'llta1 B_.... Redwood Valley, California Presented to the . House Appropriations Committee on the Interior & Related Agencies

Fiscal Year 1998 Appropriations for BIA & IHS March 12, 1997

Summary of Coyote Valley Tribal Health Priorities

1. Increase of$160;000 for Contact Health Services for Coyote Valley added to IHS. 2. Increase of$100,000 for Coyote Valley equipment Community Health Positions add to IHS. 3. Increase of$440,000-for construction for Consolidated Tribal Health added to IHS. 4. Increase of$360,000 for Consolidated Tribal Health added to Hospital and Clinics, IHS.

Coyote Valley Tribal Health Recommendations: California ~nrutl level: a. Increase greater input of small tribes not taking tribal shares and make a fair and equitable distribution of tribal shares. b. Increase of$5,000,000 for equity funding for California Indian health programs added to IHS c. .Support of$1.4 million for YR.TC to Susanville Indian Health Center to be added to IHS. d. Increase of$3,000,000 for Contract Health Service (CHS) to be added to lHS e. Increase of$5,000,000 for small facilities grant program added to lHS f. Increase of$1,000,000 for contract supports costs added to lHS g. Prohibit lHS from forcing tribes into competing proposals and unnecessary court costs

Coyote Valley Tribal Health Concerns and _Recommendations: National level: A. Improve the distribution formula for funding. of tribal programs. B.- Improve technical assistance support f~r tribal contractors. C. Advocate funding for Indian SelfaDetermination startup contract support costs.

CHIEF CIIAIIIPERSON VICE CHAIRPERSON SECREl'ARY TIIEASl/RER HISTORIAN COUNCIL IIEIIBERS Ira Campbell, Sr. Priscilla Hunter Darlene Crabtree Michelle Pena Michael Hunter Fred Naredo--Delores Vigil 490

Testimony of Coyote Valley Tribal Health March 1997

1. Increase ofS160,000 for Contact Health Services added to IHS: The Coyote Valley Tribal Health requests that the Committee instruct the IHS to provide $160,000 to Coyote Valley Tribal Health to provide comprehensive dental, speciality medical care, alcohol/drug abuse care and mental health.care for families due to Welfare Reform and cost of inflation experienced by the program over the past four years. ·

The Coyote Valley Alcohol/substance Abuse and Mental Health Project is in much need do to the historical treatment and acculturation difficulties that exist today.

The nearest providers do not provide the services needed in a timely manner due to the lack of funding. The Coyote Valley Tn"bal Members have been denied services regarding entrance into the Treatment Centers for Alcohol and substance detox, mental health and after-care.

1.Increase ofSl00,000 for Coyote Valley equipment Community Health Positions add to IHS. The increase will be used for equipment, community health technician and transporter to provide the delivery of health service via the Contract Health Service mechanism and outreach services to the beneficiary population of the Coyote Valley Band of Pomo Indians of the Coyote Valley Rancheria, consistent with · the Federal Register 42 CFR 36.12, and 42 CFR 36.23.

There has been historical lack of equitable funding to Tribal Members due to limited services, professional staff without hospital privileges and budget cuts to Indian Health Service because the formulas are weighted toward large IHS Service systems.

3. Increase of $440,000 for construction for Consolidated Tribal Health. The Tn"be requests that the Committee instruct the Indian Health Service to provide $440,000 to the Consolidated Tribal Health Project to purchase the necessary medical and dental services that the Project used for the new addition to the Project's Health Center.

The Tribe has been concerned about the quality and quantity of health services for Indian people living in the Consolidated Service Area. The Tribe have been very patient ov~ the years in putting up with the outdated facilities and the lack of comprehensive health services to the Ukiah area Tribes. The existing facility operated by the Project only provides limited medical services and cannot provide comprehensive services due to the limited space.

The Consolidated Health Project and the Tribe are very proud of the fact that they have, in fact, helped themselves and have not asked for direct federal construction of the health center facility, but we do desperately need help in providing the resources to replace the funds utilized to build the facility.

4. Increase of $360,000 for Consolidated Tribal Health Project. There has been a historical lack of equitable funding for the Health Center because of the small number of clinic patients used in IHS formula funding. The IHS formulas do not fit the miniature programs operating in California. Because the formulas are weighted toward large IHS Service Unit systems, the small programs simply do not figure into the formulas resulting in little or no increases in funding. This increased funding will cover the cost of inflation and increased patient census (2,131 to 3,619) experienced by the program over the past five years.

Page2 491

a. Indian Health Service Tribal Shares Distribution. Thirty (30) California tribes have chosen not to take their tribal shares from the IHS. In general, the tribes feel that in weighing the benefit and services return to their tribal patients, it is better to leave the tribal shares with the IHS. The non-taker tnoes are seeking greater input on the retained funds and a fair and equitable distribution of tribal shares ..

Potential Harm to Tribes not taking Tribal Shares - The major concern by the tribes is that the services and technical assistance needed by the tribes will not be available at the Area Office. They feel that there will be too few staff with the necessary disciplines and that taker tribes still continue to take up staff time. In addition, surviving staff may not necessarily be committed to assisting the tribal programs because ofa general attitude ofIHS staff that the tribes cannot adequately administer health care programs. The retained staff need to be an extension of the tribal program staff and thus need to function in a coordinated effort in providing health care to the.patients of the small programs. Without this coordinated team effort.on behalf ofIHS staff, small programs will suffer.

The following tribes have chosen not to take their tribal shares. (These tribes, rancherias, are termed "non-taker'' tribes meaning that they did not take their tribal shares): Alturas, Auburn, Big Valley, Cederville, Chico, Colusa, Cortina, Coyote Valley, Elem Indian Colony, Enterprise, Grindstone, Guidiville, Hop/and, Ione, Laytonville, Lone Pine Reservation, Middletown, Paskenta, Pinoleville, Potter Valley, Pit River.Tribe of California, Quartz Valley, Redwood Valley, Robinson, Round Valley Reservation, Scotts Valley, Sherwood Valley, Sycuan Reservation, Table Mountain, and Upper Lake.

The Level of Need Funded (LNF) factor that has been used in the past by the IHS as a means to equitably distribute new and discl"etionary funds among tribal programs was not used in this tribal shares distribution. As a result, some tribal programs with more than 100% of their needs already funded, got these new tribal shares funds while there are still many tribal programs with less than 100% of their needs funded. In addition, the IHS has not dealt with the issue of patients not counted when they are seen by a health program other than their base program where they are registered, i.e., the "other'' clinic does not get credit for the care even when this occurs frequently. The formula and the criteria used to distribute tribal shares are unfair and promote the "rich to get richer."

The greatest concern of the non-taker tribes is that the available IHS funding may be insufficient to provide comprehensive health services and technical assistance to the tribes who do not take their tribal shares. The non-taker tribes are the smaller tribes .who have a difficult enough time contracting for their health services because most of the tribes are fewer than 250 members each. Although these tribes contract with the IHS for health services for their members, they lack the adequate administrative staff and management capabilities of the larger health programs, Small tribes are not able to take advantage of economies of scale available to the larger health programs. '

See appendix for position paper adopted by a majority (20 of the 30) of the non-taker tribes.

Page3 492

A. Improve the distribution formula for funding of tribal programs: Of the $999 million dollars IHS allocated between 1986 and 1988, using the RAM formula, California received only $4.5 million. RAM funding deficiencies were calculated with respect to existing programs and current services and not with respect to new and additional health services required for comparability across areas. California was again left behind all other areas for it did not have all the services provided to other areas and the funding formula that IHS used was not designed to allow California to obtain the comparable services. LNF has not eliminated this issue. Population figures should be used instead of workload data in California which has been chronically underfunded until adequate funding can be generated. This is an important issue. B. Improve technical assistance support for tribal contractors: The Office of the Inspector General Report dated March 1996, stated that tribes still want IHS to provide funding so they can contract_ with sources other than IHS for technical assistance and training. C. Advocate funding for Indian Self-Determination startup contract support costs: The hidden costs that tribes experience when taking on a Self-Determination Act contract are normally supported by the contract support costs. The Committee must realized that tribes need this fund in order to manage the health care system.

Coyote Valley Tribal Health - The Tribal Health Program is the health department of the Coyote Valley Rancheria, a federally recognized tribe. The Tribe operates its Health Program in conjunction with the Consolidated Tribal Health Project, a federally funded ambulatory health center located in north costal section of California. The Tribe contracts for its own contract health services and community health representative through a Self-Determination contract having done so since 1979.

Page4 493

JllltW!s!l! 1PlliltID~& @@W~©ll& TULE RIVER INDIAN RESERVATION

TESTIMONY OF DUANE M. GARFIELD, SR., CHAIRMAN OF THE TULE RIVER TRIBE OF INDIANS OF CALIFORNIA BEFORE THE BOUSE APPROPRIATIONS COMMITTEE SUBCOMMITTEE ON INTERIOR APRIL 10, 1997

Dear Mr. Chairman: My name is Duane M. Garfield, Sr •• I am the Chairman of the Tule River Tribal Council of the Tule River Indian Tribe of California. I would like to express my appreciation to you and the members of this committee for allowing me to present testimony for increased funding in the amount of $860,285.00 for the Tribe's 1998 Set-Aside program (P.L. 93-368/Multi-Activity Contract) with the Bureau of Indian Affairs. In addition, we are also requesting construction funds to replace our current Health Care facility in the amount of $1,550,000.00. Both requests are driven by an urgent need for services and the absence of funds to adequately respond to these needs. The increased funding will address issues related to Tribal Administration, Education, Economic Development, Land Acquisition, and the establishment of a Community Fire department and Law Enforcement. California does not have construction funds available through Indian Bealth Services to meet our growing health care needs. The request for construction funds will enable us to replace an outdated and inadequate clinic of a mere 2,160 square feet, with a facility capable of addressing current, as well as future, health concerns and needs. Our Tribe's enrollment has increased by 166%, while our health care service has grown proportionally as well. In addition, health care services are not limited to members of our own Tribe, but also take into account surrounding cities and unincorporated areas. This has a major impact on urban Indians and those in transit. As a result of population growth, the administrative duties of our Tribe have exponentially expanded. The current staff is unable to meet the additional requirements for planning code and ordinance development, zoning, and other vital services necessary for the orderly expansion of the Reservation, along with the protection of both human and physical resources. the current dilapidated condition of our health care facility, the lack of adequate space, and the inability to provide pr~per climate control, woefully deprives clients from receiving proper medical treatment.

Telephone (209) 781-4271 P.O. SOX 589. PORTERVILLE, CALIFORNIA 93258 494

The funding increase and the construction funds will provide the additional support currently needed, along with meeting a significant portion of the proposed case load increases for the next several years.

The Tribe has contracted Higher Education Program Scholarships and Adult Education as part of the Set-Aside since its inception in 1983. These programs are operated by the Tule River Education Department as part of our comprehensive education and training services by the Towanits Indian Education Center. The service has increased each year while funding has remained constant or has decreased in some sectors.

The Tribal economic plans will provide employment opportunities for the Native population. However, little impact on Reservation unemployment rates will be made if educational and vocational training opportunities are not available. Tribal self-sufficiency, economic stability, and self-governance are directly tied tq the increased educational levels of Tribal members. Realizing that employment of Tribal members is an absolute necessity for the well- being and future of the Tribe, we have actively embarked on the pursuit of economic development projects.

The Tribe has chartered the Tule River Economic Development Corporation ( TREDC) • The base funding requested for economic development would provide the core staffing for TREDC, office facilities and materials/supplies necessary to conduct business. It is through TREDC that the Tribe will become self-sufficient and will not have to depend on the BIA or grants to provide employment and services for its constituents. With.Tribal contributions and the acquisition of outside funding, TREDC has developed a forty (40) acre Industrial park which is ready for further improvement. The lack of sufficient funds has precluded TREDC to aggressively market this property and continue its development. It is imperative that the Tribe be in a_position fully develop this site in order to meet the its goal of providing employment opportunities for its members.

Community Fire Protection was funded in.1983 for $1,200 and has never increased. The Tribe has consistently funded the fire station at $20,000 per year by prioritizing Community Fire Protection (CFP) in the budget planning process. Needless to say, resources for protection are severely strained. The Tribe has completed fifty- five (55) new homes and is about to embark on the construction of thirty-two ( 32) additional units. It has also completed the construction of a new education center and a housing authority office complex. it is critical that the Tribe be in a position to provide adequate fire protection. The additional funding would insure the Tribe's ability to meet the requirements necessary for the safety and protection of the Reservation community. Because we are located in a remote and inaccessible are, we must provide for our own fire safety and protection.

-2- 495

Law enforcement problems range from poaching to burglary, felony assaults and child/spousal abuse. The absence of a functionaljustice system has caused residents to view alcoholism, drug abuse and other criminal acts as an expected lifestyle on the reservation. The Tulare County Sheriff's Department and the Reservation have recognized the critical need for effective law enforcement augmented with proven crime prevention techniques.

Our medical facility has an estimated service population of in excess of 4,000 individuals. Services provided include:

medical - general, pediatrics, obstetrics and gynecology, evaluation and referral, specialty clinics and community education.

In addition, we provide an array of dental and optical services as well as audiology and mental and social health services. We also have an Outreach Program and assist with sanitation issues. The nearest town where these services are available is about twenty miles from the Reservation.

The Tule River Indian Health Center provides these services at no cost to the Indian Community. A new facility will ensure the continuation of these services while also taking into account any future needs and requirements.

The request for land acquisition funds will enhance the Tribe's ability to generate to generate additional revenues. It will put the Tribe in a position to expand economic development and employment of Tribal members through the availability of additional timber resources.

In addition, the purchase of the targeted site would eliminate the anomaly of landlocked privately owned property located within the current Reservation boundaries. This condition was created as a result of an erroneous survey conducted in 1884 and the subsequent partial return of the disputed parcel.

On our Reservation, and on many others, the dependence on the Bureau of Indian Affairs and the Indian Health Service Programs could eventually be reduced if Indian people were able to take advantage of the opportunities produced as a result of economic development, education, job training, and access to proper health care.

Thank you for your time.

Sincerely, ~\'V\.wv~o.£C-=~.::,::,.::-.==%=-- ...__,~ Duane M. Garfield, Sr., Chairman Tule River Tribal Council· 496

TESTIMONY OF THE NATIVE AMERICAN RIGHTS FUND

On Behalf of the

Tole River Tribe, Klamath Tribe, San Juan Sout~em Paiute Tribe, Northern Cheyenne Tribe, Fort Peck Tribes, Three Affiliated Tribes of the Fort Berthold Reservation and Rosebud Sioux Tribe

And in Support of the

Nez Perce Tribe and Chippewa Cree Tribe of the Rocky Boy's Reservation,

The Native American Rights Fund (NARF) is pleased to convey to the House of Interior Subcommittee on Appropriations the needs of NARF"s clients. the Tule River Tri he. the Klamath Tribe, the San Juan Southern Paiute Tribe, the Northern Cheyenne Tribe. the Fort Peck Tribes, the Three Affiliated Tribes of the Fort Berthold Reservation and the Rosebud Sioux Tribe for legal oversight and technical assistance funds for Fiscal Year I 998.

The Nez Perce Tribe and the Chippewa Cree Tribe of the Rocky Boy's Reservation are submitting separate testimony regarding their needs, and NARF herein summarizes and supports the testimony of these clients.

The Tule River Tribe, the Chippewa Cree Tribe of the Rocky Boy's Reservation. the Nez Perce Tribe and the Klamath Tribe each request funds for protection of reserved water rights. The San Juan Southern Paiute Tribe requests funds for litigation support. These activities are funded under the Division of Trust Responsibility as resources protection funding. The Rosebud Sioux Tribe, the Fort Peck Tribes, the Northern Cheyenne Tribe. and the Three Affiliated Tribes of the Fort Berthold Reservation request funding for their tribal education department under the Indian Education Act of 1988.

N"tive American Rigi,ts Fund -1- Fi.l'CIII re11r House Subcommittee Appropriations Testim~ny : 19911 497

CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION. The Chippewa Cree Tribe of the Rocky Boy's Reservation has been successful in negotiating a Compact with the State of Montana which quantifies the Tribe's on-Reservation water rights and establishes an administrative system for such rights. The Compact has been ratified by the Tribe and is expected to be ratified by the State in April, 1997. Remaining issues that need to be reso Ived include congressional ratification of the Compact. and the amount of federal funding required to implement the Compact. to obtain release by the Tribe of water-rights-related claims against the United States, and to secure a long-term domestic water supply for the Tribe. In fiscal year 1998, the Tribe anticipates major activities to take place in the Congressional arena in connection with the passage of a bill to ratify the Compact and to resolve other outstanding settlement issues. With the settlement nearing closure, we anticipate the need for the following amounts to assist the Tribe in these efforts. Funds for legal oversight in the amount of $315,400 are required. The Tribe will also require $260,000 for technical consultants to assist in negotiating remaining settlement issues with the Department of the Interior, including engineers, economists, and federal policy consultants. The Tribe's water rights negotiation program will require $200,000. The Tribe is also requesting $10 million to enable it to enlarge Bonneau Dam on the Reservation, and $900,000 for final design costs associated with the enlargement of East Fork Dam on the Reservation. These enlargements are important elements of the settlement Compact.

Chippewa Cree Tribe of the Rocky Boy's Reservation - Appropriations Request

! Activity Attorney • Expenses Amount Requested Amount Requested Hours For NARF For Tribe

Legal Oversight $275,400 $40,000 $315,400

Technical Consul- $260.000 - through tants: Water tribal self:. Engineer, governance compact economist, federal policy expert.

Tribal $200,000 - through Participation in tribal self- Settlement of governance compact Reserved Water Rights Claims

Enlargement of $ I 0,000,000 Bonneau Dam

Final design of $900,000 East Fork Dam enlargement

I TOTAL $275,400 S 4O,~00 $315,400 $11,360,000 I I I I I

Ntllive Ammcan Rights Fund -1- Fi.,·rn/ l'ear House Subcommintt Appropria.ions Tatimony /998 498

TULE RIVER TRIBE. The Tule River Tribe is the second largest Indian tribe in California. In 1873 the federal government located the Tule River Indians to their present reservation in the rugged foothills of the Sierra Nevada mountains. Although the Tule River Tribe has adapted well to the steep, rugged, remote terrain of their Reservation, the Tribe faces an uncertain future unless it is able to satisfy its most basic and urgent need of securing a pure water supply. The resolution of the Tribe's water rights is crucial to the future viability of the Tribe's homeland and community and the Tribe's goal of achieving economic self- sufficiency. The Tribe has been engaged in a process to secure its water rights. Several problems .face the Tribe in securing its water rights and providing its people with water, however.

First, many of the Tribe's resources are dedicated to combatting problems regarding its current water supply distribution system. Currently, the Tribe's domestic water supply is provided primarily from a spring and surface water from the South Fork of the Tule River. During the summer months, flow from the spring drops off precipitously and residents find themselves without enough water to even drink or bathe. Unfortunately, because of size and design deficiencies, there is not an adequate surface water storage and distribution system to accommodate the residents, particularly during the hot, dry summer months.

Second, complicating the Tribe's present water supply and delivery problems, are the legal aspects of the Tribe's water rights. For instance, legal complications arise from the fact that in 1916, the rights of downstream non-Indian appropriators were adjudicated in a California state court. Neither the Tribe nor the United States was a party to this adjudication. However, after the adjudication, the downstream users complained of the Tribe's upstream irrigation uses of water in the South Fork of the Tule River. In response to these complaints, the United States entered into an agreement with one of the downstream users, a ditch company, purporting to provide that the ditch company, and not the Tribe, had the paramount right to the water in the river.

For the past several years, the Native American Rights Fund has been assisting the Tribe by researching the legal aspects of the case and overseeing the technical work and developing a strategy for securing those rights and implementing a comprehensive water delivery and storage facility. To accomplish these goals, NARF requests funding in the amount of $330,000.

The Tribe also needs funding to maintain the Tribal Water Resources Division of the Tribe's Natural Resources Department. In order to better manage the domestic water supply system and facilitate the evaluation of the Tribe's water rights, in 1995. the Tribe developed this division. This division, which is currently staffed by a director, has helped enormously in managing the distribution of domestic water on the reservation has been instrumental in assisting in the water rights evaluation by providing the legal and technical consultants with factual data regarding the reservation's water situation. Finally, the division has been performing a needs assessment of the existing water supply and domestic water distribution

Native An,erican Rlgl,ts Fund -3- Fiscal Ye11r House Subcommittee Appropriations Testimony 1998 499

system. The Tribe requests funding in the amount of $50,000 for the Water Resources Division. ·

The Tribe also needs funding to maintain the Tribe's water rights team. The Tribe. anticipates that it will substantially conclude its analysis of its water rights by late 1997. At that point, the Tribe anticipates taking the next step toward securing those rights and requesting a federal negotiating team. Given the recent trend toward negotiated settlements or Indian water rights, it is hoped that this appointment will lead to the successful negotiation and settlement of the Tribe's water rights. In order to facilitate the fact-finding and negotiating process, the Tribe has recently appointed a tribal water team to participate throughout the fact-finding and negotiating processes. The funds required for the Tribe·s water team totals $25,000.

Tole River Tribe - Appropriations Request

.....J Attorney . I Expenses Amount Requested Amount Requested I Hours I For NARF For Tribe

Legal Oversight $186,000 $ 14,000 $200,000

Economist $20,000 $ 5,000 $25,000

Engineer $75,000 $ 10,000 $ 85,000

Historian $ 8,000 $ 2,000 $ 10.000 Consultant

California Water $ 8,000 $ 2,000 $ 10,000 Law

Tribal Water $75.000 Resource Division For Tule River Tribe I TOTAL I $297,000 I $33,000 I $330,000 I $ 75,000 I

N11tfre American Rights Fund -4- • Fi.~c11/ l'e11r House Subcommittee Appropriations Testimony /99S 500

ALABAMA~Q.UASSARTE TRIBAL TOWN P.O.Box537 United Stat~~o~'We3Jresentatives Committee on Interior Appropriations Hearings Officers March 6, 1997 TribalAdrnlnlstrotor Chief E51ha Holla

Member We are requesting language which instructs the !3ureau of Indian Affairs to /lmmy Budd,y adhere to the regulations which were negotiat~cl'i_n good faith by the Indian Member tribes. These provisions affect all tribes who choose to contract Federal BigcloudLtwis programs under the provisions of P. L. 93-638, as amended.· · Member Eug,ne Manley Member Rehabilitation Lands HuUyManl,y The Bureau of Indian Affairs has been instrumental through delay, aiding and Member abetting, and succeeded in removing the Alabama Quassarte Land Management Bill w.se Committee from use of land which the Committee had managed for some thirty Member ~ears (1940 - 1970). Our tribe had originally_ participated in rehabilitation_ Michatl RiclrardsonlnitiatIves sponsored by the Federal Government in the 1930's. We are pursuing Member this land which has been wrested away with the aid and resources of the Bureau Undon Harjo of Indian Affairs.

~.~,,. We are requesting language which instructs the Bureau of Indian Affairs to restore this land to the rightful beneficiaries who were dispossessed by the Bureau of Indian Affairs.

'-f2_J Lf ti"&-- _jl!AA ( L Rebecca Torres, Chief · 'Alabama Quassarte Tribal Town 501

TESTIMONY ON FISCAL YEAR 1998 BUDGET AND APPROPRIATIONS Submitted by JOHN BLACKHAWK, CHAIRMAN WINNEBAGO TRIBE OF NEBRASKA to the SUBCOMMITTEE ON TNTERIOR APPROPRIATIONS HOUSE COMMITTEE ON APPROPRIATIONS

This testimony addresses the fiscal year 1998 budget and appropriations for the Bureau of Indian Affairs and the Indian Health Service. The Tribe is concerned about funding for the Tribal Priority Allocation program and the Tribally Controlled Community ~lieges program within the BIA and about funding needs at the IHS. The Tribe and Economic Development: The Winnebago Tribe of Nebraska is a federally recognized Indian Tribe organized pursuant to Section 16 of the Indian Reorganization Act of June 18, 1934. Our forefathers were forcibly relocated from lands in and near what is now the state of Wisconsin. Our Treaty of 1865 is the first in history to require that the United States provide health care services to tribal members. The Tribe's 120,000-acre reservation includes lands in both Iowa and Nebraska and only abou', 30,000 acres ofland within the reservation is now tribally controlled, There are 3,780 enrolled members, of whom about 1,150 reside on the reservation.

The Winnebago Tribe of Nebraska is very active on the economic front. The Tribe operates several business enterprises, including the WinnaVegas Casino in Sloan, Iowa, and the Heritage food store and the Company A Convenience Mart, both in Winnebago, Nebraska. Additionally, the Tribe has developed a small strip mall located on the reservation; added tribal revenue is generated by leasing tribal land to outside agricultural interests. Ho-Chunk, Inc., a wholly-owned tribal development corporation, owns a Rodeway Inn in Sloan, Iowa, approximately 3 miles from the Tribe's casino. Ho- Chunk has also opened hotels in Omaha and Lincoln. Even with the economic · contribution of these projects, tribal per capita income remains significantly below the poverty level at just over $5,000.

Unlike states, the tribes have little or no tax base or other revenue sources with which to operate tribal government programs. Gaming has "given a jump start to our economy but those revenues are decreasing because of commercial competition. The Tribe still relies heavily on federal funds to provide even the most basic level of services to tribal members.

Bureau of Indian Affairs

Tribal Priority Allocation (TPA} Program: Under the BIA's TPA program, the Tribe contracts to operate aid to tribal government, judicial services, employee assistance, higher education, credit, law enforcement communications, real estate services related to land management, and wildlife and parks. The total 1997 TPA master contract was $817,500, a decrease of $42,000 from the contract amount for 1996 which was $866,000; the Tribe supplemented this amount with $380,259 from tribal gaming revenues. In the 1998 budget, the Administration requests $889,000 for the Winnebago Tribe TPA, an increase of just $~3,000 from 1996, and $71,500 from the current year level. Aid to tribal government funds three positions, an intergovernmental liaison person and 2 receptionists to assist the Tribe's administrative functions. We have significantly cut back on this function to make more money available for direct services 502

which are sorely needed. For example, the judicial services program averages 500 cases a year; since October, 1996, our court has received 402 new civil, criminal, juvenile, family and traffic cases. The Tribe needs funds for court automation. Because we have only one probation officer for all adults and juveniles, we are unable to monitor compliance with court orders. We are also having difficulty in enforcing child support orders simply because we do not have the necessary staff. The Tribe needs at least another $55,000 for judicial services. The Tribe's Supreme Court which hears all appeals is funded entirely by the Tribe.

The Tribe uses the real estate services function to help locate homesites for tribal members, many of whom own fractional interests in larger pieces of land. The program is also responsible for ensuring that trust and fee land is managed in accordance with environmentally sound practices to guarantee a solid future for generations to come. The funds are sufficient to hire a program director and administrative assistant to assist the land consolidation process. The Tribe pays for a lease monitor for the Tribe's agricultural lands from tribal funds.

The TPA-contracted social service program is also underfunded and pays for only one director and one caseworker to service all of the Tribe's welfare caseload. Children with behavioral and/or emotional problems are sent to a detention center off the reservation because we do not have services on the reservation for them. The center is about an hour away and, while the facility does allow the Tribe to provide services for tribal children, there are rarely sufficient funds to provide the kinds of services the children need. There is a significant need to enhance prevention programs aimed at this group. Most state and federal programs focus on treating symptoms, leaving the tribe responsible for funding and implementing prevention.

The Tribe is reorganizing the social service program to try to realize more benefit from the dollars expended. For example, people are often referred to different places for needed services. We are implementing a more holistic approach to stretch dollars by making sure that as a condition for income support, the individual enrolls in treatment, if needed, or job training, if needed, or both. In other words, we hope to consolidate all referrals so that money, time and energy will be saved. This is difficult to do as federal and state funds are extremely compartmentalized and laden with bureaucratic red tape.

The wildlife and parks program funds three conservation officers and one part- time biologist. Without them, there would be no law enforcement for hunting on the reservation. The Tribe has an agreement with the State of Nebraska whereby the Tribe monitors and manages the reservation wildlife. We must maintain at least the current level of funding for this vital governmental program.

The Tribe is very supportive of the increases shown in the President's budget request for the TPA account and strongly urges the Subcommittee to recommend these increases or even higher levels if possible. While these increases won't meet the full need, they will prevent us from slipping further behind. We cannot function at the most basic level of services if more cuts are made: in 1996 we lost 16 percent from 1995 levels, and in 1997, we lost over 5 percent from the 1996 level of $866,000. While the Tribe has ,been able to supplement TPA.federal funding with gaming revenues, the opening ofnon- lndian competitive gaming has·caused these revenues to decrease significantly. Given the dual hit caused by depletion of gaming revenues and reductions in federal funds, coupled with an increasing reservation pbpulation - more children and people living longer - we are in for some very hard times.

Other BIA Contracts: For the Subcommittee's information, the Tribe has separate 503

contracts for other programs, including Indian Child Welfare, Johnson-O'Malley, Social Services, and Water Resources. We supplement all but the ICWA program with $124,000 from gaming revenues. We also have a contract to maintain Bureau of Indian Affairs offices and employee quarters and receive road maintenance funds which the Tribe matches ($40,234).

Tribally Controlled Community Colleges: The President's budget requests an increase of $3,000,000 for this vitally needed program. The Winnebago Tribe formerly participated as a member of a Nebraska lntertribal Consortium in establishing the Nebraska Indian College. Last year, for various good reasons, the Tribe elected to go its own way and is now operating Little Priest Tribal College. We are very pleased with the first year of operations and hope to become a candidate for accreditation in the very near future. This means that while we lost our eligibility for funding in the current year, in fiscal year 1998, the new College will probably be participating in the formula distribution of funds to tribal colleges based on Indian student count.

As the members of the Subcommittee are aware, the current distribution to colleges on the basis of per student count is less than $3,000. The authorized amount if $5,820 per student. No other government funds its college on so low a per student basis. The average for public colleges is about $4,500.

Indian Health Service

The Tribe's community health programs, including CHRs, Public Health Nursing (PHN), National Child Health (NCH), Health Education, and the Diabetes and Podiatry programs, have positively impacted tribal preventive health efforts. For example, amputations have decreased, immunizations have increased, and infant mortality and morbidity rates ar~ declining. The Tribe has proven its ability to plan, develop, and implement outreach programs but we desperately need trained staff to provide services.

The dental program has been extremely successful in educating and providing early treatment which is vital in a community plagued with diabetes. One dentist averages between 200 - 225 appointments per month.

The PHN program averages about 2,000 patient contacts per year and coordinates an additional 1,500 contacts for patient care. This level of service is provided by 2 RNs and 2 assistants. The Public Health Nurses provide Maternal Child Health outreach for over 200 clients each year - reaching 80% in the first trimester. This work has resulted in a significant reduction in fetal deaths and an increase in live births without serious complications. The Tribe's immunization clinics and outreach has exceeded our goal of reaching 60% of the eligible population by 8% (reaching 68%).

Mammography and cervical cancer screening programs were initiated in 1994, and tribal staff have worked hard to provide cost-free services to all eligible clients. This has significantly reduced the more costly treatment of advanced cancers and increased life expectancy for tribal members.

Health care for American Indian and Alaska Native (AI/AN) people must be guaranteed through an amendment to Title XIII (Medicare) of the Social Security Act. Treaties initiated by the federal government obligated this nation to provide health care, education, and protection services in exchange for the very lands upon which this nation now resides. The existing approprjation for AI/AN programs has never been adequate to meet the health care needs of our people. Historically, ·only 75% of IHS level of need has 504

ever been funded. This has now eroded to 40% and is still dropping which is directly attributable to Tribal "compacting" under P.L. 100-713 (and its subsequent amendments) and NO program increases. There is a very real risk that decreased access to needed health care is imminent as well as a set-back for the advancements thus far made by IHS.

The legislation also mandated that there be "no adverse impact" for "non- compacting" Tribes, it also mandated a report be submitted on this critical issue. To date we have not seen that report!. Even though not a single Tribe in the Aberdeen Area, who all have Treaties, has elected to compact, we have suffered cutbacks directly related to this legislative process. The Aberdeen Area is notorious for its high infant mortality rate: 18.5 percent per 1,000 live births versus the national level of 14.5 percent (it's a victory when a newborn lives beyond the age of three!), high morbidity rate, and high incidence of diabetes. These conditions will only worsen under the policies·and practices of the current director ofIHS. We understand that he succumbed to pressure by the "compacting" Tribes and authorized that they be funded at 100 percent of their level of need at a great sacrifice to the "non-compacting" Tribes as well as to IHSI We demand that this issue be investigated and that the IHS Director be held accountable for his abuse and neglect of duty and power, and that the mandated report on "adverse impact" to "non- compacting" Tribes be immediately undertaken.

Our Service Unit's budget supports only 71 positions out of an authorized 163. They are mandated to collect third party resources to augment operational costs. In fiscal year 1996 our local service unit collected $135,000 out of their mandated amount of $185,000. The national projection for third party resources was set at an unrealistic amount of $4 million. Although additional resources are used to augment critical operational shortfalls, this optimistic but deceptive methodology must be realistic and based on historical collections and data.

IHS's goal is to raise the health status of AI/AN people to the highest possible level. We quote from a recently published paper written by Everett Rhoades, MD, former director of IHS: "[A]t first glance (the goal) appears to be abstract and platitudinous. It has consistently proven otherwise. On the contrary, it includes the extremely important concept of community-oriented preventive, as well as curative, care. It is a concept that the country should immediately adopt as it struggles with new approaches to health care for the nation." Notwithstanding IHS's flaws, AI/ANs have long known this approach to be efficacious and cost effective. The Tribe strongly suggests that the Congress use it as a prototype for the rest of the nation in your health care reform strategy, and that you call upon our cooperation and experience in developing your strategy. We're curious about the GAO's 1995 study on "Issues Related to the Need for the. Public Health Service's Commissioned Corps." We understand that substantial savings, estimated at roughly $1 billion, could potentially be realized by converting this quasi military group to civilian employees. The PHS Corps has the same benefits as the armed military without the risk. Even though they wear an officer's uniform, they are performing civilian jobs and will never see combat. They don't pay taxes on subsistence and housing allowances and are entitled to other types of tax exclusions; they don't keep track of hours on the job; and they don't pay for health care. Even without being privy to the GAO study, we recommend that the PHS Corps be converted to the work force of tax paying civilian employees, and that the savings be redirected to local IHS hospitals and clinics serving AI/AN country, Tribal "638"· contractors, and especially to the Community Health Representative (CHR) program. Resources that·now support one PHS Corps -officer could support 3 to 5 CHRs who work at the grassroots level promoting health and preventing disease as well as support for their program _operations. ·Thank you. 505

CHAIRMAN TRIBAL COUNCIL MEMBERS Gregg J, Bourland DISTRICT 1 SECRETARY Raymond Uses The Knrle Jr Arlene Thompson Blaine Clown Sr

TREASURER DISTRICT 2 Bomia Clark David Hump

VICE-CHAIRMAN DISTRICT3 Lanny LaPlante Maynard Dupns Ed Widow

DISTRICT4 P. 0 Box590 Frank Thompson South Eagle Bulle, Dakota 57625 Gilbert Red Dog Sr. (605) 964-4155 Orville LaPlante Fax: (605) 964-4151 Arlee High Elk

DISTRICTS Marlin Miner Sr, Sam Annis Robert Chasing Hawk Lanny LaPlante

DISTRICT6 Honorable Ralph Regula, Chairman Joan LeBeau House Appropriations Subcommittee Louis DuBray on Interior and Related Agencies 2234 Rayburn House Office Building Room B308 , Washington, DC 20515-1309 March 16,1997

Dear Chairman Regula

The tribal members and the leadership of the Cheyenne River Sioux Reservation respectfully submit our FY 98 appropriations testimony to your committee for special consideration.

The reason we say special consideration is that we the members of the Cheyenne River Sioux Tribe are going through one of the worst winter disasters·to hit our reservation in 100 years. Since Dec 12 1996 we have faced 7 major storms with record amounts of snowfall, record windchill temperatures, freezing rains and unusually high winds. These storms devastated the economy of our reservation disrupted the provision of serv:ices to the people and created a deficit in the tribal budget. As recent as March 13th our reservation was again hit by a major storm that further compounded the problems created by the initial storm.

In the past our primary efforts have been to maintain an adequate level of funding for our heal th, social services and tribal administrative program functions. This is still one of our primary goals. However, we have the added responsibility to recover the additional expenses incurred by the programs as a direct result of storm related activities.

The blue represents the thunder clouds ..-111e world where five the thunder birds who control the four winds, The rainbow is for the Cheyenne River Sioux People who are keepers of the MDltSacredc.Jf Pipe, e gift from the Whtie Buffalo calf Malden. The eagle fealhera et the edges of the nm of the world represent the spotted eagle wtlo ia the.,.-.... or 1111 Lakala. The two plpu fused together are for unity, One pipe ia for the Lakota, the other for all the other Indian Nations. The yellow hoops repn,senl Ille Saalld Hoop, which shalt 1101 be broken. The Sacred calf Pipe Bundle In red represents Waken Tanke - The Great Mystery. All the colo,s of the Lamm are'llisible. The red, yellow, black 111111 white repreaen1 the four m&Jor races The blue 10 for Heaven and the green for Mother Earth. •. 506

During the Course of the past 8 years the Cheyenne River Sioux Tribal has had program audits with no questioned costs. The demonstrated ability of the Cheyenne River Sioux Tribe to effectively administer its limited program resources, illustrates the effective management capability of our tribe. This increased management capability has optimized the provision of client services to a new level of client participation. Therefore we can assure your committee that any programmatic increases in any level of funding will be expended within the intended scope of specified program activities with maximum results expected.

Since 1990 the Cheyenne River Sioux Tribe has been advocating and supporting all of the proposed legislation to assist the tribes to become more economically self-sufficient. Individual tribal self- sufficiency is admittedly the only viable approavch to decreasing its dependency on the federal government. We as tribal leaders would like to be administrators of tribal economies as opposed to being administrators of federal and state governmental welfare programs.

Our priorities for FY98 have been set by the blizzards of 96 and 97. No one can set a dollar amount on the degree of human suffering caused by the recent storms, up to this point in time or on into the future. Had the Indian Finance Act been intact and operating under the provisions of the language of the enacting law many of our people may not have suffered the staggering losses of livestock that has financially ruined many of our family ranch and business operations.

Our priorities are to restore the program funding levels to the FY95 levels and increase the FY98 levels so they equal parity with the Consumer Price Index and to increase funding levels for select programs such as Prairie Management and restore funding in the Indian Finance Act. Our requests are covered in more detail in the main body of our testimony. 507

STATEMENT OF MR. GREGG J. BOURLAND, CHAIRMAN

CHEYENNE RIVER SIOUX TRIBE EAGLE BUTTE, SOUTH DAKOTA

BEFORE THE HOUSE APPROPRIATIONS INTERIOR SUBCOMMITTEE

MARCH 20, 1997

Mr. Chairman and members. of the Subcommittee, please allow me to introduce myself. My name is Gregg Bourland. My Lakota name is ..Wanbli Awanyankapi" (Eagle Watch Over Him), I am of the Minnecoujou band of Lakota people. One of the four bands that comprise the Cheyenne River Sioux Tribe of South Dakota. It is indeed an honor and a pleasure to address your Subcommittee today.

The Cheyenne River Siom Tribe has set the following projects as their FY98 Priorities:

The Blizzards of 1996/97

The blizzards of 1996/97 have almost completely devastated the economy of the Cheyenne River Sioux Indian reservation. The loss of livestock and tribal business income will have a two fold impact on our reservation. Two-thirds of the tribal income is derived from lease income and tax agreements negotiated with the State. With the decrease in lease income from the ranchers that are no longer able to make their operations paying propositions comes also the decrease in reservation tax revenues. The Cheyenne River Sioux Tribe spent out of its own coffers approximately $800,000.00 of its general fund budget to maintain the welfare of its people. These funds were not in the truest sense a reserve, but funds that were obligated for other purposes for the remainder of the days in 1997.

Supporting the overall funding for the Master Contracts BWIHS

We are requesting that the BIA Master Health Contract be fully funded at the level requested for FY98. This increase will restore the contracts to the 1995 level and give the programs an increase of 6% to bring the programs to parity with the 1997 Consumers Price Index. The amowit received in 1997 was $7,359,163 and the request is for $12,293,515, approximately $739,000 of this funding is for the Prairie Management. Phase II of the Prairie Management Program is included as support documentation of this budget. We are requesting that the Master Health Contract be fully funded. The FY97 amowit received was $2,652,837 and our FY98 request is $3,050.763.

Indian Finance Act

For the past 7 years, the Cheyenne River Sioux Tribe has testified for economic development. We have continuously requested adequate funding in the Indian Finance Act. If the Indian Finance Act would have been implemented by the BIA as intended in the language of the law, many of our ranchers and business people would not have been so seriously damaged by this disaster.

The rationale for our high emphasis on Tribal economic development is predicated on the historical allocation of the continued need for social and health care funding. A realistic and accurate analysis of past funding provided to tribes clearly indicates a disproportional amowit of funding for social service programs. We are not denying the fact this funding is needed. It, however, is our contention that if the Federal Government and Congress in the past would have provided more· fundiQg for economic development. there would be a decreased requirement for other categories of funding today. 508

Housing Improvement Program

- Housing on our. reservation has sustained many forms of storm related damages, such as undue stress on roofs, because of more than normal snow cover-on roofs, and other parts of the structw-al components as warped windows and doors from snow loads. We foresee damage to basements and fowidations when the snow melts. We will need an increase in this program. ·

Incentives

The Incentives Program is utilized as a supplement for additional funding for our consolidated employment and training programs. _During the snow disaster, this program provided a valuable manpower service for the tribe and effectively assisted in the. distribution of-thousands of pounds of surplus foods and materials. This program will need an increase in funding. ·

·In conclusion, the Cheyenne River Sioux Tribe is asking for assistance for all of our programs because although many -of the program budgets were affected directly; practically all of the programs were affected indirectly. With the·right kind of assistance, Cheyenne River-Sioux Tribe can become an administrator of -economic development programs as opposed to being administrator of social service programs. 509

P.O.Box910 1-715-799-5100 Kashena, Wisconsm 54135 FAX 1-715-799-4525

Statement Of APESANAHKWAT CHAIRMAN, MENOMINEE INDIAN TRIBE OF WISCONSIN on the Fiscal Year 1998 Budget Request for the Bureau of Indian Affairs

Submitted to the HOUSE INTERIOR APPROPRIATIONS S{fflCOMMITfEE March 20, 1997

On behalf of the Menominee Indian Tribe of Wisconsin, I wish to submit this statement on the President's Fiscal Year 1998 budget request for programs in the Bureau of Indian Affairs (BIA). Our specific concerns include:

• increased funding for Law Enforcement; • additional funding for Road Maintenance above the President's requested level of $27.5 million; • increased funding for Conservation - Other Rights Protection program; • additional funding for the tnbal judicial systems; • funding for Construction - Infrastructure Development; • fully fund Contract Support Costs; • fund Education - School Operations, at a ll}inimum, the President's requested level of $467 million.

As the Subcommittee may know, the Menominee Tribe was one of the recognized tribes terminated in the 1950's. Since _regaining our federal recognition 20 years ago, we have endeavored to exercise our self-determination to achieve the self- sufficiency that is the goal of all tribes. We have made strides in improving the quality of life for our tribal members through careful management of our natural resources and economic development ventures such as the Menominee Nation Gaming Corporation. Yes, we are a gaming tribe but our bus~ess is only moderately successful 510

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-- generating about $750,000 a month in revenue. The Menominee Tribe utilizes this much needed income to not only supplement federally•funded programs but to fund programs for which there are no other available resources. Some examples of uses for these revenues include: solid waste disposal ($500,000/yr.), graduate scholarships ($62,9000/yr.), tribal and youth recreation programs ($360,500/yr.), and infrastructure development ($2 million since 1994 for water and sewer systems in'the new Middle Village tribal housing development, community-wide road projects and updated telephone system, etc.). We are, however, experiencing increased demands on these limited revenues due to decreased funds from the state and/ or county in areas such as welfare assistance and support for the public library located on our reservation.

We bring these matters to your attention to highlight that while self-sufficiency is our goal, we require the continued assistance of the federal government through adequate funding of the federal programs we operate for the benefit of our tribal members.

BUREAU OF INDIAN AFFAIRS

Tribal Law Enforcement. The Menominee Police Department is a 38-member force, funded by $866,200 through the BIA and supplemented by $1.23 million in tribal funds. Still this amount is not adequate for providing the level of public safety and enforcement of tribal, federal, and state laws necessary for the size of our community - which covers 360 square miles and serves a tribal population of over 4,000 members. As noted above, tribal revenues are limited and the need to supplement other programs increases with each fiscal year. We, therefore, request that Congress support, at a minimum, the Administration's request for a general increase of $46.7 million to the Tribal Priorities Allocation ("TP A") account, which includes an $8.7 million increase for law enforcement.

Road Maintenance. The Administration's request of $27.5 million for Road Maintenance shows only a small .increase - less .than $2 million over the amount for the past two fiscal years, and still less than one-third of the annual need in Indian country. Funds in this line item are not only utilized for routine maintenance and administration of roads, but also for maintenance of bridges, airstrips, ferry boat operation and maintenance and emergency maintenance (snow removal, ice control, washout repair, etc.). The transfer of.Road Maintenance to the Tribal Priority Allocations account has negatively impacted the availability of funds. In FY 1997, the Menominee Tribe suffered a 16 percent decrease in Roads funds. Coupled with extreme weather conditions and heavy snowfall, we now face extreme funding problems as we have only $10,000 balance for the remaining half of the fiscal year. With these remaining scarce dollars, we seriously doubt the Menominee Tribe will be able·to maintain its 308 miles of BIA roadway in accordance with the ··mandates.of Federal Highway Safety guidelines. · -511·

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We would urge Congress to fund Road Maintenance at 100 percen,t of need to enable tribes to address the backlog, and to order Road Maintenance removed from TPA.

Other Rights Protection. The Menominee Conservation Deparbnent is charged with establishing and enforcing the tribal hunting laws within the boundaries of the reservation. This area encompasses over 235,000 acres, with 80 lakes and more than 300 miles of rivers and streams. The Conservation Department also conducts wildlife studies, direct fish and wildlife management projects and conduct research projects. These activities not only ensure the protection and conservation of our natural resources but will also, hopefully, reclaim some of the traditional food sources of the Menominee. Currently, the Conservation Department .is comprised of six game wardens, one Fish and Wildlife Biologist/Manager and one support staff, operating on a budget of $375,000 (one-third of which amount is provided by the tribe). ·

In order to adequately enforce the laws and properly manage the Tribe's natural resources, we request that Congress increase funds for this vital program.

Tribal Courts. We have testified previously on the need to properly fund the tribal court systems. AB you may-recall, the Indian Tribal Justice Act, Public Law 103- 176, was enacted to provide additional resources for the development and enhancement of tribal judicial systems. Unfortunately the Bureau has never requested additional funds for tribal·courts as authorized by Public Law 103-176 and the Special Tribal Courts program has been eliminated. Furthermore, even if Congress funds Tribal Courts at the Administration's requested level of $11.1 million, it would be $3 million less than the FY 1995 enacted level. The Menominee Tribe, like many other Indian nations and courts in general, is facing increased burdens on the court due to a rising number of cases and understaffing. In spite of the approximately $217,000 tribal supplement to the Tribal Court budget, we are not able to adequately meet the need. We ask this Subcommittee to continue to assist all tribes in meeting the judicial-needs of their people by appropriating an increased and specified funding level for Tribal Courts apart from the TPA account.

Construction. A critical need for many tri~es,is in the area of infrastructure development, e.g. water and sanitation systems, new roads, .installation.of utilities. AB you are no doubt aware, many tribes, including the Menominee, are faced with increasing populations - due to an influx of tribal members returning to the reservation, an increased birth rate and increased longevity.. We recommend that the '.Subcommittee consider a separate ,funding category under the Construction account for infrastructure development initiatives.

Contract ·Support. The -Menominee Tribe is disappointed that the Administration only requests $105.8 million for Contract Support Funds (CSF), as funding at this level .would not fully-·fund the need, According to the Bureau's Budget Justification, the $105.8 million would enable the BIA to:pay0.only 95% of the C,SF need. ·-In FY 1997 they paid only 87% of need., Every time CSF is not fully-funded, our programs suffE!r.

40-073 97 - 17 512

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The Indian Self-Determination Act is clear that the Secretary must fully fund contract support cost needs. The transfer of CSF to the Tribal Priority Allocations account merely masks the true level of need since tribes must make up for contract support cost shortfalls by using direct program funds. In doing so, we diminish services in those programs. We urge that Congress fully fund this essential program cost as required by law.

Education - School Qperations. The Menominee Tribe urges Congress to fund, at a minimum, the Administration's requested level of $467 million for School Operations. The Menominee Tribal School, a tribal contract school, serves 248 students in grades K to 8. We note that although the requested level may result in a nominal increase to the amount per student we receive for each student, there will continue to be severe funding shortages in the Transportation and Facilities Operation and Maintenance activities. We hope Congress will improve the Administration's request and supply additional funding for these critical activities.

The Menominee Tribe appreciates the support this Subcommittee has given to our Tribe over the years and thank ·you for the opportunity to provide our views on the proposed FY 1998 budget for the Bureau of Indian Affairs. 513

St. C,olx ·Tt1bal ..-Councll •.JRIBAL COUNCIL · P.O. Box 287 Hertel, Wilc:onlln 54845 , (715)349-~195 Fax (715)349-5768 Lewis Taylor Tribal Challman Sand Lake Community Statement by

David Merrill Vice-Chalnnan . Honorable Lewis Taylor Round Lake Community Chairman, St. Croix Chippewa

Curtis Bearhart Indian Tribe of Wisconsin Secretary!Treasurer ·· March 18, 1997 Maple Plain Community

Leo Butler Tribal Administrator Sand Lake Community Before the U.S. House of Representatives Beverty Benjamin Member •Appropriations Subcommittee Danbury Community · on-Interior and Rel~ted.A.gencies

EXECUJIYE SECRETARY

Mary Hartmann

HEALTH DIRECTOR Mr. Chairman, on behalfofthe St. Croix Tribal Council;I am Phyllis Lowe PERSONNEL PIREctoR • honored to have this opportunity to present to you and the Members of your

· Duane Emery ·SubcommitteeJl matching proposal to substantially upgrade the water quality

INTERSTATE system of.our Tribe. We are committed to share in the cost of this $675,000 ACCOUNTING CLERK

Grace E. Plaster project with $250;000 from our own limited resour.ces; and, we ask the U.S.

COMPTROLLER Government to provide the difference in its fiscal year 1998 Budget. Rick Petersen

PLANNING PEPARJMENT Thank you, for your consideration of support for this vital water Richard F. Hartmann

JUDICIAL BRANCH quality project that is described in detail in the enclosed attachment.

Vacant Judge

Julie A. Nelson Court c:erk TRIBAL ATTORNEY

Howard J. Bichler George Morrison

ENTERPRISES

St. Croix Casino Turtle Lake Hole In The Wall Casino Danbury Chippewa Comers Cafe Danbury Bingo Round Lake Bingo Maple Plain Bingo Sand Lake Bingo & Casino SCHA St. Croix Ojibwa Construction Co. ~i•~~rIJii~'IJ.i ii! i~ttt~ilitij 11-ll'f11~i 111IJ e: J;Ir 'If, 1 li 11111, 1 i 1:a 'I 1 , , i- t i!. 1f ·Iii • 1lJ al.1 l. ·J -~ J! If! 1·1(lifr-6Jf'f· iF W' r ~i,r1'~! rp 1lir~'1u, .. . 1 'Jil i il 11 !1Jl!1li11~1=111 f~i 1!11,liltl it!·~1 11l11ll1!I JirJ~. h" .. ·•1111 r IPr lfl l l' ..: 1J !:I I ,11.. ~11!111.. ~~p1IJ,r1~111 111r 111 111 1 • 1 t 11H{f -11H1 Ji!'.1 11 'ial.. 1. lfl lfihplh 1 1 1 11 fllfti : ..1Jl!Jl ~IilJ i1fll~ il11!1i l I ttl1 !- i I;· ~J.§ a !1.J 1 B I 5 ,J f-fl 8 1l l · n 'I!t ! ·l B. I l w1r1,9 5.r: 1: I-'l ·I "·· . 1 st. it g• ' 515

The aommunity has bad trouble lcccplng pace with this accelerated growth. And over time houainJ was built to accommodate growth, sem=v WCRI expanded, but 1he powth continued and tie needs cannot be met Therefore a major expansion of inftutructural systems Is needed to kcicp the community viable and the quality af'lifc high.

PROJECT ALTERNATIVES: AJtcmatiYes of the proposed project would be remedial at best and in the end a now water system would have to ultimately be constructed. _Expansion of individual systans was loobd at, but because of r.ost.

Anothor problem 'lhat is aot mentioned much, but occun navcr-tbc-Jcss, is the problem of water quality. The tribe has in the past and can be expected in the future to exporicncc ground water COD1amination or individual well contamination due: to a variety of causes including die most common - leakiq septic systems that have saturated the surrounding soils diat occur over time as systems mil, and occur from overuse cansed by O'JCrCrOWding. Also more, UDderground tanks are being disawercd on the reservation and the ma that pose a potential problem wit'li leaks

WHO DEVELOPS PROJECT: The Tn1ie with the assis1ance of project design and inspection engineering aro looking at two approaches to doing the construction of'thc project. The first approach would be to use a Forte Account method of construction and utilize the services ofthe tribally owned and operated construction company who has the necessary cxpcrienc:e and equipment 1D under take this project, with cocccption of the water tower

The RIIXllld approach is to bid the projcict out through Indian Prefenmc.c and allow other tribal 0011Struction conccms in the area tbe opportunicy to bid ozs the project The bid going to the lowest most rcsponsi1ile bidder. · · · ·

ANTICIPATED TIME OF COMPLETION: Dcpcading on the mdhod ofCXlnstruction selected and the date the projec:t is able to receive funds fur the project, it can csSCDtially be oomplcted within a 12-18 111011th period. This includes planning,, design, engineering, construction, punch out and project close-out and audit. A project schedule is attached. ··------...--PROJECT TIME SCHEDULE: Project Planning Development Siting Wells, PumphO\jSe, Water Tower, and Mains by IHS Engineering Develop Plans end Working Dt Put Together Bid Package, -- Advertise and Bid Project Bid Award Made Project Construction Construction Completed, System Test Project Closeout/llldit

! 516

PROJECT BUDGET:

CONSTRUCTION 2-r Drilled Wells S 12,,000.00 Pumphouse 70,000.00 5000 Feet 10" Water Main 125,000.00 6 Fire Hydrants 12,000.00 SGatcValues 5,000.00 l - 75,000 Gallon Water Tower 250,000.00 S - Service Connections 10,000.00 Contingency@ 10% 48,300.00

TOTAL CONSTRUCTION S S32.300.00

ADMINISTRATION General Maoagemc:nt & 0wrsitc s 4S,OO0.00 Indirect Cost 32.61% or Admin. 11,348.00 Audit 2% oftotal 11,520.00 Planning 12.500.00 Technical Assistance (Desip & Engineering - IHS) 16,800.00 TOTAL ADMINISTRATION s 97,168.00

GRAND TOTAL PROJECT S ,74,568,00 517

· Uttla TlaYelU of Odan ladla:DI HEALTH-Buula pePAR'JNENT , 1345 u.s. 31 North'• Poat 01lce Bow 2A8 Pllalkey, Michlpn .t8770 .,...... ,, • MXl1'44Nl17

TESTIMONY or FRANKETTAWAGI.SJIICK CJWRMANOF ' LITl'LE TRAV~ BAY BANDS 01 ODAWA INDL\NS ABO'VT INDIAN HM.LTH URVJCIS HOUSE APP.ROPIUA.TJONS SUBCOMMITl'U MAKal ZO, 1519'7

1be Limo Traverso Ba)' BIDS of Odlwa IDdians Health Swviwa Depanmcnt WOllld like to men ow ripls u Tribal and Amoricm citiicns. We believe current bolbh care po1k:ic& will advctse1y affec:t our · pop\llaiion ud II is 'OW' dlny to temfy to dais on bobalf of oar people.

the FederalGovermnems down simg should nOJ bo 11 me expense ofIndian Tribes. 'lbe Federal Governments budget reductions should enable it to 1\llfill original obligations ancl OllhfBllding dabls to Tribes. Tmdes were 1101 cmrcd u Beta of gcnero9b;y. Ibey were nde heahb, bomm& and education in for land. Trealy obligations CIID llDI be 1ri1nJMcl. Treaty obHgllions IDGSl be 1bJ&lled.

In 1979 American npomd tO 'Iba Human IUglm A0COrCI dW: "NlliVo Americans, Dll 1hc avcrase, have tbe lowest per capita Income, Ibo bigbess unemplo)lmmr, 1he lowe,sr level of educational anainmenr. 1he shorrest b"ves. 1be worsi .heakb ud housing CODdb:lons and the highest suicide rate in the Unites Stares. 1be poverty among Jndim &miJies·is nearly three ti,nes grea1er 1h1111 RM rate for non-.lndian familios ud Native people collcdivdy rank 111bc bottom of ev~ social and economic sta1istica1 indi&:atar. • Also in 1919 the Supreme Colllt affinncd 11,e decision tbat "treaty ricbU do noi fide with lime. The al10CllloD ofresonrcn mads in rroaries wu Nled binding on die dueaated ·oftbe entreatmii parties; no1 \Vfdmandins 'die difftrent dr'cmnstan;cs 1lat now exist ID Indian cowny and SUltOUll,ding communities." 'Ibero fare we reqllelt mai :means tesdnc" bo ollmtnared by restoring:lingqage pra]rlbitiq tho bWll!I of ·' Naive-Americl!l5 based on abJlhy to pay; Our hcahh can= services are cntidemems lhoup 11111)' which so :.. DOI flldowtth time OI' ~e. 'I I• •rril'I '[ ,, 'fl 11·1~ Jl1 ·1!1i(J!1t:(ij111t 1 1 Jf.i 1d~1 1111 6 fJ~tfi11h Ii ··Bfir 1ht 1·11 ·. r(nH1u,uPHrHJlr t!HiHai[ifil[lt.&l ·lfi! uJ 1 i - -II 1 ---,' 11 ,- J1l1:1tfli[t~i~111 .Jllt1i1 . ·S. ,, ihq•0@ rlf-i .rd 1t&"r p qi ·. itlfilt!1'11'1~i1~11tltlti }! 01 f f.~lfli fl •lt!f ~r 0 ~f~i1 00 f . J:u '[1. ll0'•1.f1f1~,~r Jltii( :· l J f l -c 1 { q I f f. I :C I I_f a· fl I I I I1 wf 1·n I · h h t d -. I H 1, u I w Bl 11111 !·1•11 ' l(fl ii 1 ;,.s ' i tt1rl t .d·!l~ ! ,_,s e-1 ',~-. l 1 r1.rif 1 [J!il ,~,!~t ,~, 1if I" f.1 I! ·-· I 1•I."" 1 1~1-if-1 -~--Q Jr !'I~ t -I~Jrf 1 I 11· 519

TESTIMONY OF THE NOTT AW ASEPPI HURON BAND OF POTA WATOMI

We are a·newlyrecognized Tribe from the State ofMichigan. We aren't sophisticated, many aren't as well educated as other segments of society, we aren't as healthy as the average

American, many do not own or have ever owned their own home, we aren't well organized yet, our incomes are lower than a_large percentag~ of Michiganders, a quarter ofm~mbers do not own vehicles, and the list goes on. We did, however, persevere and gain our recognition through the

Department of Interior over the stretch ofyears,and in the process, turned in a tree or two worth of paper work.

As one of the newest of 557 federally recognized tribes we understand thoroughly the saying that timing is everything. We entered the federal budgeting process when there are highly enthusiastic attempts to balance the budget by the year 2002. We ARE one of the· casualties of federal cuts!

One of the amazing traits of our people is the ability to laugh in the face of despairing situations. We have survived for years with this attitude and will continue to move ahead and . . . survive. The federal budgeting process is one of those laughable situations. Don't get us wrong.

We know a lot of hard work goes into the process and it has to be a.tough job to listen to all .the various lobbying and testimony from any special interest groups for their share,offederal dollars.

The federal budgeting process is an amazing, confusing,_ requirement. Our Tribe has a 520

little over 600 members .... ordinary, his~orically forgotten, indigenous people, PEOPLE being the key word. So often during budget discussions and debate, people directly affected by the outcome of the budget process, get lost in the dollar debate.

Fiscal year 1997 budget of$160K ~ballenged us to establish programs such as Services to children, elderly, and families, adult education, scholarships, vocational education, law . ' enforcement, community fire .protection, home improvement program, and the -list. goes on.

These are all PEOPLE programs. With a minimum staff of 5~ daily operations are barely sustainable, let alone initiating new programs. All we_ are able to do is accomplish minimal assessment and meet emergency needs. The Health and Human Services budget follows the same pattern.

Our budget needs of 1998 must be met by considering that all programs we are . . attempting to initiate are affecting the lives of PEOPLE and that the 60% reduction in New

Tribes fundjng be restored and likewise for the $430K budgeted for health programs. These increases are but a drop in the bucket when you consider the price of a B-2 Bomber at $2.2 billion. While you may not be asked to consider adding.more to the country's defensive arsenal, _; there will be similar requests that you will be asked to consider. Our requests of you will not gain you notoriety and will not do anything for your popularity, will not line your pockets, will not ~ve you any exclusive access to grand country clubs; but what you will be able to claim is pride in making the right decision. A PEOPLE decision.

-2- .521

The challenge for you is to ensure the right choices are made·to realize a contribution to

balancing the federal budget by the year.2002. Just think of what that will mean along the way

however, you MUSI ensure that the right choices will cause the death of ineffective, wasteful

.. government spending and that essential programs remain healthy.- We thank you for your

consideration.

DS0l/11395-1 , -3- 522

ROSE M. GURHOE TRIBAL CHAIRPERSON FY 1998 TESTIMONY ON BEHALF OF .THE RED CLIFF BAND OF LAKE SUPERIOR. CHIPPEWA

Mr. Chairman, Members ·of the Committee, this written testimony is provided on behalf of the Red Cliff Band of Lake Superior Chippewa. Our appropriations request of$ 948,215.00 is directed to the Department of the Interior, Bureau of Indian Affairs. Breakdown of requests, in priority order, are: 1) Indian Health Service,$ 559,525; 2) Aid to Tribal Government/Education,$ 155,100 3) Consolidated Tribal Government Programs,$ 233,590 Our reservation is located at the extreme northern tip of Wisconsin on the shores of Lake Superior overlooking the magnificent Apostle Islands. Although Red Cliff is outwardly beautiful, our Tribal community struggles with a fluctuating 27% to 49% unemployment rate. Red Cliff is located i~ Bayfield County which is one of the four poorest counties in the State of Wisconsin with a overall 8.5% unemployment rate. Per the 1990 census, 17% of our members earn less than $5,000 and another 22% earn less than $9,999. The median household income is $12,250. While economics are depressed, the future is encouraging with the growing recognition of self-determination and sovereignty among Tribal members and non-Tribal members. In 1994, The Red Cliff Tribe began a pro-active process of strategic planning.· The Tribe has adopted Phase I of the Red Cliff General Management Plan (GMP) document. This document represents an internal Tribal investment into our future role in the 21st century. We have begun to plan, develop and implement Tribal strategies to protect our Nation through intergovernmental partnerships and collaborations with other organizations working in similar interest areas. Through the GMP, Red Cliff has begun a transition and transformation process away from need-based or deficiency orientation by creating a guide combining strengths in new combinations. These combinations will begin to create new structures of opportunities for economic development and expand sources of income for the Tribe. The basic premise of the GMP strategy starts with what is present in our community - not with what is absent or what is problematic or what the community lacks. It is internally focused to define the primacy of a Tribal community utilizing investment, creativity, hope and control. It does not minimize the role external forces have played in creating the desperate conditions of our community nor the need to bring additional resources to the community. ·Quite simply, the GMP is a community-building path which is asset-based, internally focused and relationship driven. We are requesting$ 559,525 for our #1 priority to bring Red Cliff Contract Health·services to the 601 minimal funding level. 523

Reassurances were given to Tribes in 1992 when Congress established a minimum funding level of 60% for all Tribal health programs. Congress, under the Snyder Act of 1921, directed the Secretary of the Interior to expend monies for Indian Contract Health Services. Seventy-five years after the Snyder Act and four years after yet another promise, our Tribe is still being consistently under-funded at 50% or less of Contract Health Service requirements.

Congress is clearly in violation of their trust responsibilities to this Tribe. Due to this consistent lack of funding, the Red Cliff Tribe has been forced to take a more pro-active approach to meet the devastating federal and state cutbacks. ' Without Congressional support to fund extent of need, we must propose a self-governance infrastructure utilizing grants and loans for our health programs. For the past five years, the Tribal Health Services were cut back to EMERGENCY SERVICES ONLY within the first quarter of each· year. Life threatening illnesses and chronic.hospitalization rapidly consumed most of the available funding. Preventative health care for our children remains a constant priority and consumes the bulk of the funding balance. With the priority system and under funding of health care, preventative health maintenance is the most cost effective form.of health care for adults and has to be denied regularly. In most cases, routine health maintenance for adults is postponed for two or more years. This vicious cycle of postponement and limited support will continue to contribute to chronic hospitalization costs in the future. Due to the failure of Congress to honor its responsibilities, the Contract Health Service system-will continue to meet less and less of the health care needs of our Tribal members. Priority #2 request of$ 155,100 for Aid to Tribal Government/ Education; BIA Tribal Priority Allocation #1. In 1991, the Tribes submitted a report to the Secretary· of Education entitled 11 11 Indian Nations at R·isk: An Educational Strategy for Action • This report noted that public schools have historically failed our children at a greater rate than other populations. The clash of values and culture at governmental levels• had. resulted in a war; the battlefield of that war. has been our. school classrooms and the casualties of this struggle are-our young ones. In 1994, a "National .Forum. on Native American Adult Education" noted that this issue has not diminished but rather that educational needs have increased as a result of new technology, global economic structures .and information-:based economics. We greatly fear the effects of the United States gpvernment's actions to reduce the level of educational funding to Tribes. As a Trib.al Nation, we view these actions as contrary to the. terms-of agreements stated in our treaties of 1836, 1837, 1842, ~d 1854. These agreements were formalized in 1921 by the Snyder Act legislation which transferred that responsibility.and authority to the Bureau of Indian Affairs. The Red Cliff Tribe's request to, .Congress for educational funding should be viewed as an investment against the 524

far greater costs incurred as a result of lack of adequate education. The Red Cliff Tribe also recommends a 5% increase in Impact Aid to school districts, such as ours, with a K-12 population of 65% Native and 35% non-Native. Priority request #3 of $233,590.00 for Consolidated Tribal Government Programs; BIA Tribal Priority Allocation #2. We are requesting our base needs for this priority be funded as shown in our BIA Tribal Priority Allocation submittal. The Tribal Court system is presently underfunded by 40%. We have great concern that we are unable to meet all of our financial obligations to administer Judicial Services to our community. Each year our budget through the Department of the Interior has been drastically cut. In order for us to exercise our Sovereign powers, fulfill our obligations under self government, in the Administration of Justice in Indian Country and extend protection of the Indian Civil Rights Act (ICRA) rights to our people, our Tribal Government needs adequate resources for our Tribal Court. The Tribal Fire Protection service is presently underfunded by 77%. The fire protection services are provided by a volunteer service group. This dedicated group of 28 community members volunteer time for support services, training, fundraising and community services and has existed as an all volunteer group for over twenty years. We are fortunate to have volunteers who provide these emergency services, many times at great personal risk with antiquated equipment and limited maintenance dollars. At this point in time, the future service capacities of these units to maintain the present level of activities is unlikely, given the present funding base. Red Cliff Indian Child Welfare is presently underfunded by 56%. The goal of the Red Cliff Indian Child Welfare Program is to prevent the breakup of the Indian family and to prevent the permanent removal of an Indian child from the custody of his/her parent or Indian custodian. Virtually all people in the service area become part of the target population because of this goal, the small size of the Reservation and the large extended families. The current budget is not adequate to meet the case load. Escalating number of case loads, leads to frustration for families and burn-out of Indian Child Welfare workers. The Tribal Law Enforcement service is presently underfunded by eighty-seven percent (87%) under Tribal Priority Allocations. The Red Cliff Tribe has never been able to provide adequate funding for law enforcement on its own. The Bureau of Indian Affairs has provided only, minimal, erratic funds for law enforcement (13% of need). To acerbate matters, the reservation population more than doubled· between 1990 and 1995 per the 1990 U.S. Census and the 1995 Bureau of Indian Affairs Report on Service Population and Labor Force. At the same time, our· Police Department has not grown· in proportion which causes undue hardship for the Officers and inadequate support for Tribal 525

citizens.

OTHER RECOMMENDATIONS Recommendation# 1 The Tribe is concerned with the problem that threatens the existence of the 638 program. In past Interior appropriations bills, Congress has directed the Bureau to pay previous years' contract support shortfalls from past appropriated funds. Remaining contract support funds - and any reductions therein were to be allocated proportionally among Tribal contractors. In response, after meeting shortfalls, the Bureau is currently paying contract support at only 52.1%. The Red Cliff Tribe objects to this decision and to Congress' failure to provide sufficient funds on two grounds.

First, the BIA's decision was done arbitrarily without adequate explanation or Tribal consultation. It places the entire burden of cost reduction on Tribal contractors without requiring reductions in Bureau administrative costs. The Bureau has consistently under-reported to Congress the Tribal contract support needs and this has contributed to present shortfalls.

Second, the failure to fund contract support at 100% reverses several years of progress toward full funding and is contrary to the Indian Self-Determination Act. The inability to collect BIA contract support funds and maintain indirect cost pool expenditure levels will result in lower OIG negotiated rates in future years. Should the Tribe become unable to finance core functions mandated by ·federal regulations and 0MB directives, it would be forced to abandon the indirect cost system entirely. Costs to meet federal mandates would then be met through direct BIA programs, further reducing our services. The threat to the entire 638 program is obvious. We request Congress fund contract support for Tribes and Tribal organizations at 100%.

Recommendation# 2 The Red Cliff Tribe also supports the Administration's proposed FY98 funding level of $3,548,000 for the Great Lakes Indian Fish and Wildlife Commission. •The Tribe is a member of this organization and participated in intertribal self-regulatory systems which implement off-reservation treaty rights under federal court orders. Furthermore, the Tribe wishes to go on record in support of the Commission's request for an additional $95,330 to facilitate implementation of the recent federal court decision implementing off-reservation treaty rights in the 1837 ceded territory in Minnesota.

Thank you-for this opportunity to speak on behalf of my people. 526

Lac Vieux Desert Band of Lake Superior Chippewa Tribal Government P.O. Box 249, Choate Road • Watersmeet, Michigan 49969 906-358-4S77 • Fax: 906-3S8-478S

Executive Officers: Council Members: John C. McGeshick, Sr., Tribal Chairman John C. McGeshick, Jr. Richard McGeshick, Sr., Vice Chairman James Williams,Jr. Rose Williams, Secretary Michael Hazen, Sr. Harvey White, Treasurer Delores Williams Helen Smith

February 25, 1997 Chairman Regula House Appropriations Committee Subcommittee on Interior and Related Agencies B-308 Rayburn House Office Building Washington, D.C. 20515-3516 Dear Chairman Regula, Enclosed is written testimony on behalf of the Lac Vieux Desert Band of Lake Superior Chippewa Indians. I request this testimony be placed in the public record under the Subcommittee on Interior and Related Agencies. I regret not being able to present this testimony before the committee. I trus~, however, it will be given equal consideration in your deliberations on the 1998 budgets. If you should need additional information or would like to discuss this further, please do not hesitate to contact me. I can be reached at the address above or call me at 906/358- 4577. I look forward to talking with you on our request •

. 'sincerely,_ . . ..-1-.d- < Jo~~. McGeshick Lac Vieux Desert Tribal Chairman 527

Lac Vieux Desert Band of Lake Superior Chippewa.'Iiibal Government P.O. Box 249, Clu>ate Road • Watersmeet, Michigan 49969 906-358-4577 • Fax: 906-358-4785

Executive Officns: Council Members: John C. McGeshick, Sr., Tribal Chairman John C. Mc.Geshick, Jr. Richard McGeshick, Sr., Vice Chairman James Williams, Jr. Rose William~. Secretary Michael Hazen, Sr. Harvey White, Treasurer Delores Williams Helen Smith

WRITTEN TESTIMONY OF MR. JOHN C. McGESHICK TRIBAL CHAIRMAN OF THE LAC VIEUX DESERT BAND OF LAKE SUPERIOR CHIPPEWA INDIANS for the HOUSE SUBCOMMITTEE ON APPROPRIATIONS FOR INTERIOR AND RELATED AGENCIES AGENCY INVOLVED: Bureau of Indian Affairs

Mr. Chairman, Members of the Committee, I am Chairman of the Lac Vieux Desert Band of Lake Superior Chippewa Indians and I write to you on behalf of the members of the Lac Vieux Desert Band. I urge you to support reauthorization of the Intermodal Surface Transportation Efficiency Act for construction of highways and other purposes. I also request your support for the Administration's proposed FY 98 funding for the Great Lakes Indian Fish and Wildlife Commission of which the Lac Vieux Desert Tribe is an active member.

The Lac Vieux Desert Band of Lake Superior Chippewa Indians believes that serious injury and death can be reduced through greater emphasis on highway and traffic safety issues on Indian lands·. Based on Indian Health" Service (IBS) _statistics motor vehicle related injuries·among American Indians are four times as high as other Americans; 7511. of all. fatal·tra£fic crashes of American Indians·are alcohol- 528,

Page 2 Testimony of John C. McGeshick related; safety belt use is lower than average; many roadways in Indian Country are in need of safety improvements; and more that $150 million is spent annually by the IHS for transportation and medical care for acutely injured Indian people most of which are motor vehicle crash related injuries. The Lac Vieux Desert Band of Lake Superior Chippewa Indians acknowledges that.an insufficient amount of funds have been dedicated to highway and traffic·safety -issues in Indian Country when measured against the immensity of this problem.

The Lac Vieux Desert Band of Lake Superior Chippewa Indians respectfully request that the Interior Appropriations Committee to become more fully engaged in this important public safety issue and to assist the Band by providing desperately needed resources during the Reauthorization of the Intermodal Surface Transportation Efficiency Act with particular attention to Indian Reservation roads.

Finally, I would like to request the Administration's proposed FY 98 funding lev~l of $3,548,000 for the Great Lakes Indian Fish and Wildlife Commission be granted. Lac Vieux Desert is a member of this commission and actively participates in intertribal self-regulatory systems which implement off-reservation treaty rights under federal court orders. The Lac Vieux Desert_ Band of Lake Superior Chippewa Indians also wishes to go on =ecord in support of the 529

Page 3 Testimony of John C. McGeshick Commission's request for an additional $95,330 to facilitate implementation of the recent federal court decision implementing off-reservation treaty rights in the 1837 ceded territory in Minnesota.

Mr. Chairman, Members of the Committee, thank you for the opportunity to provide you with this written testimony on behalf of the Lac Vieux Desert Band ot Lake Superior Chippewa Indians. I look forward to hearing from you. 530

MILLE LACS BAND OF CHIPPEWA INDIANS Executive Branch of Tribal Government

TESTIMONY OF MARGE ANDERSON CHIEF EXECUTIVE MILLE LACS BAND OF OJIBWE

Submitted to the U.S. House of Representatives Committee on Appropriations Subcommittee on Interior and Related Agencies

March 6, 1997

Mr. Chairman and Members of the Subcommittee, I respectfully request that this statement be made part of the hearing on behalf of the Mille Lacs Band ofOjibwe.

At this moment in history, I feel it is incumbent on me to not provide you with a list of specific requests from my tribe, although we have needs as do all tribes. Rather, I feel the Committee would be better served if I provided you with a list of principles as you proceed with the appropriations process.

(1) Sovereignty. The appropriations bill should not be used as a vehicle to diminish or modify the sovereignty of Indian tribes. In the last Congress, we saw harmful language in the Appropriations Act that forever damaged the Narrangansett Tribe by unfairly precluding them from gaming. Likewise, the same Bill restricted the Lummi Tribe from exercising its due process rights. These actions were taken without affording these tribes a hearing or opportunity to participate in the legislative process and is directly contrary to the principle of government to government relations.

(2) Trust Responsibility. Through treaties, statutes and the course of dealings, a trust responsibility flows from the United States to the Indian tribes. Underlying this trust responsibility is the guaranty of a steady flow of Federal Funding based upon promises made to Indian tribes over the years. The Congress must continue to honor and protect this special relationship.

(3) Inherently National Functions. The Founding Fathers made Indian Affairs a National function, similar to military affairs, commerce regulation and foreign affairs. The appropriation of Federal funds in these areas must be consistent from administration to administration so that the United States may uphold the duties mandated under the Constitution.

(4) No Independent Tax Base. In general, ifFederal programs are cut, states and local governments take over those functions. Such "devolution" will not take place in Indian country. Most reservations do not have successful economic development, few have an independent tax base. Hence, cuts to Indian reservations means impoverished people go with less. 531

Testimony of Marge Andenon Chief Executive Mille Lacs Band of Ojibwe Page2

(5) ~- In America today, there are over 93,000 homeless or underhoused American Indians and Alaska Natives. Twenty percent of Indian homes lack indoor toilets and 50% lack telephones. Indian teens have a four times greater suicide attempt rate than other groups. Unemployment rates on most reservations exceed 40%; on the great plains some reservations exceed 85%. Of the 1.8 million Indians in American, 603,000 live below the poverty line and most of these are children under age five. (Connecticut Law Review Summer 1995). Most tribes are barely able to provide services under current circumstances. The needs continue to be more critical in Indian Country then in any other single segment of our Nation.

(6) Welfare Bdorm. Under Welfare Reform, the Bureau of Indian Affairs needs to take the lead and play a role similar to that of States with regard to the provision of services to Indian people. Today, each State is legislating as to how the new Act will impact the Indian people of the State. Uniformity, consistency and leadership is needed for Indian people at the national level by the BIA

(7) Special Truafec. The 1994 Act establishing the Special Trustee was meant to assist in the reconciliation of the individual Indian money accounts and tribal accounts managed by the Interior Department. The Special Trustee now has a sweeping reorganiution plan. We respectfully ask the Committee to give this plan strict scrutiny and obtain the views of Indian tribes. We fear over reaching by the Office may result in the ultimate abandonment of the wide ranging approach to Federal/Indian Relations that has charactemed the Self Determination era.

(8) Policy Formglatiog. In the last two years, Indian tribes have seen a number of matters that arose quickly through floor amendments in the House or Senate, or were placed without adequate notice onto appropriation bills. These matters have covered the spectrum from a tax on tribes, to amendments to the Indian Child Welfare Act, to direct limitations of the Sovereignty of individual tribes. Prior to the l 04th Congress, tribes were afforded hearings and participation in the political process. We would like to see the old system of due process in the Congress reinstated.

(9) Authorizing ig Appropriations Bills. It is my understanding that the House Rules preclude authorizing in appropriations bills, yet this was done in the case ofNarrangansett and the Lummi, and was almost done to reorganize the Bureau oflndian Affairs. We respectfully ask that if the Senate includes authorizing language that is hostile to tribes, the House side should stand up and asserts its Rules. It is just plain wrong to attack tribes on an appropriation bill when they have no means or opportunity to defend themselves.

(10) Needs of Tribes. The Committee will no doubt take a great deal of testimony documenting the needs of tribes. Each tribe is sincere; ~h came from a long way to provide the Committee with the information. Indian tribes have been consistently under funded over the 532

Testimony of Marge Andenon Chief Executive Mille Lacs Band of Ojibwe - Page3

-years. Especially important is the proper funding of the-Indian Health Service. There are many estimates of the showing the IHS is funded at only 65% io 75% ofneed.' We know that Indians ·have the highest rates of tuberculosis, diabetes and fetal -alcohol syndrome._ Many of the .diseases that are considered "cured'? outside Indian Country are epidemic,s witµin it. A serious prevention program now saves Federal dollars, and more importantly Indian lives, later.

The Indian tribes will also assert their need for contract support. These are funds used to provide services to our people and are necessary and much needed to provide governmental services to our people. · · · ·

Also, we again ask for the allocation of Central Office funds from the BJA and IHS for Self-Governance and Self-Determination Act tribes .

.Mr. Chairman, I respectfully ask that you consider these principles as you proceed-with the appropriations bill. The importance of your actions over the next several months can have either a devastating affect on Indian County or can repair, improve and pr

Thank you for this opportunity to provide you with my views. 533

TESTIMONY OF THE BAD RIVER BAND OF LAKE SUPERIOR CHIPPEWA INDIANS BEFORE THE HOUSE COMMITIEE ON APPROPRIATIONS SUBCOMMI'ITEE ON INTERIOR AND RELATED AGENCIES ON FY 1998 APPROPRIATIONS MARCH 6, 1997

Mr. Chairman and members of the Committee. I am John Wilmer, Sr., Chairman of the Bad River Band of Lake Superior Chippewa Indians, of Wisconsin. I appreciate this opportunity to provide the Committee with the Band's testimony on FY 1998 appropriations.

1. Health care.

A. Contract health services. The need for health care services has risen dramatically at Bad River - with our user population increasing from about 1100 in 1991 to about 2500 today. But funding has failed to keep pace. The shortfall is particularly critical with respect to contract health services - which is the major source of funding for most of our health care needs. As a result of funding limitations, contract care must be limited to emergency care only. This creates great hardship among our people - who must suffer with illness and pain until it becomes life- threatening. For example, an individual with painful gall stones can not obtain needed surgery until his condition deteriorates to the point that emergency surgery is needed. This is no way to treat our people. We urge the Committee to increase funding for contract health care.

B. Dental services. Our dental program is able to pay only for emergency dental work for adults. With a current budget of $104,000 our dental program has a list of 221 adults waiting for dental services, for which no funds are available. Of these, 33 are elders. Often, the inability to obtain needed dental work for elders makes it difficult for them to eat - which in turn leads to further medical problems. We need an additional $200,000 to provide services to those now waiting for needed dental care.

C. Diabetes. As the Committee is well aware, diabetes is a major problem in Indian Country. At Bad River, we have 215 diabetes patients. Among these patients, we have witnessed a tragic increase in the number of amputations in the past year. To help address this. our diabetes patients need education and counseling on a range ofnutrition issues. Currently, we have only $7,500 for nutrition services. This provides us with a nutritionist only 8 hours per month. This means a nutritionist can see only 4 to 6 patients per month - and no followup is possible. With this small effort, we simply are not able to reach the vast majority of those who need these services. We request $50,000 for nutrition services for our diabetes patients. In addition, our diabetes patients need preventative and acute foot cace. Many times, the difference between saving a foot and having it amputated is "proper care of the foot, before a problem advances too far. Right now, we have no regular means of providing the care of a podiatrist for our patients. We seek $18,000 to contract with a podiatrist to promote healthy _foot care among our diabetes patients. 534

D. Audiology. While the IHS previously provided audiology services for the people at Bad River, this was discontinued. The services provided included screening preschool and kindergarten students for hearing problems, testing children with chronic ear infections, and purchasing, replacing and repairing hearing aids. We request $7,500 to replace these needed services.

2. Education.

A. Johnson-O'Malley program. A key to the success of many of our students in the public school system is the Johnson-O'Malley program. Our JOM program provides needed counseling-and support services - and study skills training - to about 475 students. There is.no question that the personal attention provided by JOM staff has helped innumerable students complete high school and go on to higher education. But, over the past four years, funding for our JOM program has been seriously cut, diminishing our ability to·provide the level of personal care that our students ,need and deserve. This year, the President is proposing to cut JOM again - ,this time by $1.1 million. We urge Congress to reject such a cut, and restore full funding for the JOM program. ·

B. Masbkisibi School· Over the years, we have learned at Bad River that not all of our students thrive in a typical public school environment. Some students - particularly those with a history of difficulties in the public schools as a result of emotional or other problems - need an alternative environment At Bad River, we have taken the initiative to address the needs of these children - by establishing the Masbkisibi School; an alternative school for grades 9-12. The School, established in 1995, serves 12 to 15 students each year. These .are students who would drop out if public school was their only option. The Mashkisibi School seekf1 to eng~e these students'•by integrating Ojibway language and culture into all aspects oft}J.e curric;ulum, and by focusing on the practical impact of all areas of learning. The School also provides a higher teacher/student ratio than the public schools, and seeks to provide a more personalized approach · to learning. The School has demonstrated considerable success, keeping.these children in school, and helping them to thrive. ·

We have had no federal funds supporting this worthwhile endeavor. While we have been able to begin the School on a shoestring, to be able to survive in the long term, we will need · federal support. To operate the scho~l ·_ pIQviding salary to our fine staff- we need $82,000 for FY .1998. And, to have a proper facilitr for our School, we need $200,000. We recognize that there is currently a moratorium on new BIA funded_ schools. But, in this case, where the B~d has stepped in-to educate a ~gment of the student population that was not otherwise receiving .. the services needed to keep them in school, an exception should be made. Nationwide, there is_ strong ,movement toward innovative local school initiatives, to address problems that the standard-public schools have been unable to remedy. We urge Congress to support such ,initiatives in.Indian Country as well,- We urge your support for the Mashkisibi School.

2 535

3. Indian Child Welfare. Our Indian Child Welfare staff works with the victims of child abuse and neglect, and with families at risk of child abuse and neglect They investigate incidents, provide on-call services for crisis situations, and serve as advocates for children in the court systems. They provide educational services to families to prevent abuse and neglectThe program is also involved in the placement of Indian children. The staff undertakes home. studies for foster care and adoptive care placements. They seek Indian adoptive homes for ln.dian children - to assure continuity within our tribal community. And, they protect the interests of Indian children and the Tn"be, by seeing that the terms of the Indian Child Welfare Act are met All of these critically needed services are being provided with a staff of 3 and federal funds of a meager $55,000. We urge you to provide additional funds for Indian Child Welfare programs - to help us limit child abuse and neglect, and to find suitable Indian families for our Indian children.

4. Natural Resources. Our natural resources are key to our cultural. and economic survival as a people. Wtld rice. deer and walleye are central to our lives, and subsistence use of these resources is widespread and increasing. The population on our Reservation has grown sharply over the past few years, as our members return from urban areas. Unfortunately, employment has not kept pace. With greater numbers ·of tribal members and too few jobs on the Reservation, more stress is placed on our finite natural resources. Proper management and enforcement efforts are more critical than ever to preserve the integrity of our Treaty rights and resources for members of the Band.

In 199S, the Band entered a cooperative agreement with the State of Wisconsin regarding subsistence and commercial fishing in Lake Superior. This agreement enhanced the practical· opportunities for tribal members to exercise their Treaty rights in Lake Superior. At the same time, it has increased the Band's regulatory and monitoring responsibilities. Among other things, the Band is required to perform on-board monitoring and patrol activities. This requires the allocation of trained staff. Beyond the increased costs involved in these cooperative activities on Lake Superior, our overall fish and game program costs ( cost of living, insurance, equipment, fuel, supplies, etc.) have been spiraling. We request an additional $50,000 to enable us to meet our responsibilities under the Tribal-State agreement and to protect our resources for future generations.

We also support full funding for the Circle ofFlight program and BIA Fish Hatchery Maintenance. and the restoration of funding for BIA Fish Hatchery Rehabilitation. ·

5. White Pine Mine. The people and resources of Bad River face a significant threat from a· proposed mining project at White Pine~ Michigan. This project would involve injecting massive quantities of sulfuric acid into a copper mine in an effort to leach copper from the rocks. In preparation for mining activities, railroad cars filled with sulfuric acid have repeatedly crossed our·Reservation on their way to the mine. Both the mining, and the transportation of the sulfuri~ acid, present terrible.risks to our Reservation and our tribal members. Among other things, a spill of sulfuric acid would be a major catastrophe.

DS0l/1098S-I 3 536

Unfortunately, the proposal to undertake this mining is advancing rapidly. The owner of the mine, Copper Range Company, is seeking a permit from EPA to begin the solution mining activities. It is also seeking a permit to construct a sm~lter adjacent to the mine. And, EPA is currently und~g an environmental_analysis (EAn) to examine a broad range_ of issues associated with the proposed mine and related transportation.

The EAn, in particular, will focus on issues includingJ) the environmental ~d human health risks of the release of sulfuric acid during transportation to the mine and from the mine itself, 2) t4e impact on Lake Superior fisheries-of a potential spill, 3) the impact of a spill on sites of cultural, spiritual, historic or economic. value to the Band, and 4) the economic impacts of the solution mining activities, and the feasibility of the proposal to pump and treat the fluids in the mine, forever, once the mine activity is completed. Each of these areas is the subject of ongoing work teams, whicQ are providing input to EPA.

The Band needs resources to enable it to adequately participate in the permitting and EAn processes --to address the potential adverse impact of the mine and transportation activities on the Band, its resources and its members. We need expertise in the following areas 1) a transportation engineer, to evaluate the risk of a spill, 2) a mining engineer, to study safety issues relating to the. mining activities, 3) an hydrologist, to study the potential movement of fluids in the groundwater, 4) an environmental toxicologist, to determine the adverse impacts ofa potential discharge on plants, animals and humans, 5) a geochemist, to examine the interaction of the sulfuric acid and rocks, to determine if containment is possible, and 6) an economist, to determine the feasibility of the proposal to pump and treat fluids in the mine site forever.

The Band requests $200,000 from the BIA for a mining assessment program to enable us to obtain baseline data and analysis and to be full participants in the permitting and EAn process. This participationis vitally important to the future of the Band, as a wrong decision on this mining propo~al co.old jeopardize the health of our people and the integrity of our Reservation homeland. -

6. Additional needs. Among the other key needs are funding for our Tribal Court - a key institution of tribal self-government. We also need funds for the purchase ofland by the Band - to address problems arising from the deep fractionation of our land base. This is. particularly important now that the Supreme Court has invalidated the escheat provision of the Indian Land Consolidation Act. We also urge the Committee to provide the funding necessary for tribes to receive full contract support for all 638 contracts - to enable the Self-Determination policy to succeed as intended. Conclusion

We ~mphasize to the Committee that your work affects the lives ofmy people, and urge you to preserve adequate funding for Indian programs.

DS0l/1098S-l 4 537

TESTIMONY OF THE HONORABLE BOBBY WHITEFEATHER, CHAIRMAN

RED LAKE BAND OF CHIPPEWA INDIANS

TRIBAL COUNCIL

Before the House Committee on Appropriations

Subcommittee on Interior and Related Agencies

March 6, 1997

Mr. Chairman, I thank you and the other distinguished members of the Committee for this opportunity to provide testimony on behalf of the Red Lake Band of Chippewa Indians.

On behalf of the people of Red Lake, who reside on our reservation in northern Minnesota, we respectfully submit that the budget appropriation process represents the major avenue through which the United States government fulfills its trust responsibility and honors its obligations to Indian tribes. We must depend on your deliberations to uphold the trust responsibility which forms the basis of the government to government relationship between the tribes and the federal government. VVhile we resped Congress' recent efforts to balance the federal budget, the extreme cuts made to federal Indian programs during the last two funding cycles have jeopardized the very well-being of our people.

Especially damaging was the nearly $100 million cut in BIA Tribal Priority Allocations (TPA) in FY 1996. The TPA is the principal means for us to provide vital services to our people - services which, because of previous inadequate funding levels, could best be described as minimal, and certainly less than what most Americans today enjoy. The cuts made by Congress in FY 1996 have worsened the situation by forcing us to·eliminate staff and reduce services even further. At Red Lake, we need an additional $2 million in TPA funding in FY 1998 to provide minimum levels of service in areas such as law enforcement, child welfare, housing repair for the needy, and adult vocational training. If we hope to improve the lives of our people, the TPA must be increased. The minimum acceptable TPA level in FY 1998 is the President's budget request of $757 million.

The following testimony outlines the most critical needs of the Red Lake Band of Chippewa Indians during FY 1998.

Economic Deyelopment The primary factor limiting American Indian economic growth has been the absence of sufficient capital resources to provide the necessary start-up and operational costs for planned economic development on reservations. Tribal economies suffer from unemployment rates between 50 and 60 percent because of the lack of developed resources and an economic base from which to alleviate the need for welfare assistance. .

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With the enactment of P. L. 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, -tribes must rely .on the federal government for assistance in developing necessary legislation to create and fund employment opportunities for their members who are currently unemployed and receiving welfare. Without assistance, we expect impacts from welfare reform to affect nearly every family on our reservation. These impacts will include increased poverty (Indian people already endure a poverty level three times the national average), juvenile and adult crime, and substance abuse.

To assist us in our efforts to bring economic development to the Red Lake Reservation, we respectfully request that the Committee authorize $100,000 in FY 1998 to be used for economic development planning activities which will assist us in reducing the effects of welfare reform.

Tribal Court Our tribal court continues to deal with increasing juvenile and adult crime on our reservation despite being underfunded and understaffed. We are required to comply with the Indian Civil Rights Act and the Indian Tribal Justice Act without sufficient resources. Funding cuts in FY 1996 made a bad situation worse. We respectfully request that the Committee authorize an increase of $150,000 for . the Red Lake Tribal Court in FY 1998, which will allow the Court to continue its efforts to incorporate traditional and cultural values into our judi_cial system and restore individual pride and self-respect. Most importantly, it will e_nsure our ability to recognize problems and to deal with them in a productive manner.

Social Services . The lack of adequate funding for BIA social service programs is of critical concern to the Red Lake Band. Because of cuts in General Assistance funding, we were forced to deny benefits to 115 adults last year that were otherwise eligible for this program.

At Red Lake, funding for foster care consistently lags expenditures by approximately $~00,000 each year. Unlike General Assistance, we cannot, and will not, turn a child in. need of protection away. I am gravely concerned that as a result of welfare reform, we will see further increases in · the number of children at risk of foster care. placement. The reason for this is that, with the lack of employment opportunities on the reservation, coupled with denial of welfare benefits, despair will set in which will cause more problems in the home, resulting in increased foster care placement needs.

We ask the Committee to authorize an additional $280,000 for lawfully eligible General Assistance payments, and an additional $100,000 to meet the actual need•for foster care services for Red Lake in FY 1998.

Detention facility The Red Lake Band is _in dire need of funding for a new criminal detention facility. The present facility, a single level, concrete remodeled w~rehouse ~esigned for temporary use, does not meet current BIA detention standards and codes as required by 25 CFR part 10. Many non-compliance standards were pointed out in a BIA-funded report we received in 1995. The $2.9 million cost estimate for a new facility is approximately what it would cost just to bring the present facility up to standards. We respectfully ask the committee for $2.9 million in FY 1998 to construct a new criminal detention facility at Red Lake.

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Ho•ltb SendGn The Indian Health Service (IHS) provides vital health care services to Red Lake Band members. Recent· attempts by Congress to balance the federal budget, at the expense of the health care needs 'of the Red Lake people, has to stop. The continued downsizing and streamlining· of the Federal government should not be at the expense of the IHS or the tribes. We implore that IHS be spared from future efforts to balance the federal budget We recommend that a separate line of funding be established and/or that additional dollars be earmarked for IHS to fully fund the health care needs as identified by tri>es. We also recommend that, if Congress cannot fund IHS at 100% of actual need, then it authorize $2.4 billion in FY 1998 as recommended by the National Indian Health Board.

The budget for IHS continues to be identified as discretionary funding, but in actuality, the health care that IHS provides was guaranteed by the federal government a long time ago. The creation of IHS is a result of treaties made between the United States Government and Indian Nations in which the federal government guaranteed health care to Indians in exchange for land, timber, minerals and other natural resoun:es. •A trust responsibility should not be categorized as discretionary. ·

We support the concept of designation of IHS as a new agency, separate from the Department of Health and Human Services. Alternatively, legislation should be reintroduced that would elevate IHS to the Assistant Seaetary level within Health and Human Services. This would reduce bureaucratic influences and unnecessary reductions in the IHS budget

The concept of '"means testmg•, or taking into account tribal income when making federal appropriations, has been a topic of discussion recently. Means testing should not be allowed. Language neec:ts·to be restored that prohibits the billing of an Indian based on the ability to pay and Congress should not assume that gaming revenues can be used by tribes to fund their own health care. The health care of Indian people is a trust responsibility of the federal government and cannot be based on means testing or gaming revenues.

The Indian Health Service receives funding for only 42 percent of the health care needs of Red Lake members. As a result, the Red Lake IHS Hospital and the Tribe has had to rely on, and subsequently has become dependent on, collections from third party sources to provide health care for the Red Lake people. The majority of the Hospital's third party collections are from Medicare and Medicaid, totaling almost $3.5 million dollars in FY 1996. Third party collections now provide 25 percent of the operating budget at Red Lake. Medicaid collections should not be used as a means to reduce IHS funding. As Medicaid and welfare reform progress and third party collections decrease, we would expect the federal government to fund inevitable shortfalls. Medicaid reform proposals should include guarantees for full funding of Medicaid-eligible Indians with a direct set aside for IHS and tribes that is not based on state caps.

According to the National Indian Health Board, IHS Contract Health Service needs are currently $20.6 million. We support the need for an increase in Contract Health Service dollars - Red Lake's request alone is $5 million. It is outrageous and irresponsible that Red Lake people needing alternative health care· are frequently put on a waiting list, and only if their health problem is deemed life-threatening wiB IHS authorize seNices. Red Lake people, who are guaranteed health care, are frequently forced to apply for Medicaid or Medicare in order to receive services, and this is not right

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· Natural Rasourcas Fish, wildlife, wild rice, clean water, and medicinal plants are vital to our ability to preserve our culture. A competent natural resources program is essential to preserve these resources. Through hard work we've, built_ such a program. We do not have access to resou~ces that state agencies have, such as the hundreds of millions of dollars provided annually by the Federal Fish and Wildlife Restoration Acts (even though American Indians contribute at least as much as the average citizen does to these programs) . .Yet, we.do what we can with minimal funding from the BIA.

• I • • • The cuts·made by Congress in Fiscal Year 1996 have forced us to eliminate staff and services to the detriment of our tribe. The unique and·historically significant Red Lakes commercial fishery, ·the only commercial walleye fishery Jn the United States and the largest .. employer on our reservation, ·has suffered from severe·declines in.production which·have crippled the industry. We . have worked hard to develop solutions to the problem of declining fish stocks i_n the face of increasing numbers of fishers trying to earn a living· for their families. We have established new controls beyond what-the federal government has authorized, .and additional restrictive measures will be implemented·this-year. This.fishery is in desperate need of financiai assistance for worker displacement while we implement stock rebuilding measures. The federal government, by virtue of-its regulation of this fishery through 25 CFR part 242, is partly to blame for the problems that exist, and we need help to correct those problems.· There are numerous cases where Congress has provided appropriations to help save importantfisheries, including the. New England groundfish fishery, and we specifically request that the Committee authorize $1 million in FY 199~ to be used for worker displacement assistance. Many people do not realize that this fishery was exploited for the benefit of American citizens during both World Wars, by providing fish at below cost during times when fresh meat was scarce. In fact, it was the food shortage during World War On.e that ·: caused this fishery to be established. -Now this fishery is in trouble. We did our p~rt to help the lJnited States get through two critical periods- in its history. We do· not think it too much to ask for · assistance to save this unique and:important fishery.

Red Lake has been. a major participant in. the enormously s1,1ccessful Circle of Flight program. Circle.of Flight has allowed tribes to participate as full partners in restoration efforts, and to obtain matching dollars from federal, state, and private groups. The result has been substantial achievements that benefit everyone. · Red Lake was recognized for its- efforts·-last-year when we received the prestigious National Wetlands Co11servation Award from the U. S. Fish and Wildlife Serv.ice, clearly demonstrating our ability to achieve results. · We ask this Committee to increase· the BIA's Circle of Flight Program allocation to $1 million .

. Community Eire Protection . Over the years the Red Lake Band has been successful in constructing adequate housing for many of its members. 1;3ecause of this, the community fire protection facilities have become in~dequate to handle the additional demand of growing communities. We have a definite need to expand the fire stations in the villages of Red Lake and Ponemah. We are also in dire need of a new fire truck for the village of Ponemah. We respectfully request that the Committee authorize $250,000 for Red Lake in FY 1998 to expand our fire stations and purchase a new fire.truck.

Thank you for allowing me to present; for the record, some of the most. immediate needs _of the Red · Lake Band of Chippewa Indians in FY 1998, and for your consideration of these needs.·

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THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE FLATHEAD NATION P.O.Box278 Pablo, Montana 59855 (406) 875-2700 FAX (406) 675-2806

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Ralph Regula. Chainnan House Subcommittee on Interior Appropriations B-308 Rayburn House Office Building Washington D.C. 20515

Chairman Regula and Members of the House Interior Appropriations Subcommittee:

The Confederated Salish and Kootenai Tn"bes of the Flathead Nation are pleased to take this opportunity to present the funding issues which are of the utmost importance for our Tn"bes in Fiscal Year 1998. Our Nation has a unique relationship with the Federal Gowmment of United States of America which is not based on race or any other factor other than the SUJ>IClllC law of the land, the HcUgatc Treaty of l8SS. The Tribes, as a result of that treaty, ceded over 20 million acres of what is now western Montana and reserved for ourselves and fulwe generations the 1.3 million acre Flathead Indian Reservation atona with the agreement that our lands and the riabls, dcscnbed in the treaty, would be protec:tecl forever.

Over the pest two years, the Confederated Salish and Kootenai Tn"bes have followed the Congressional efforts to "balance the budget". We understand the imponance of such efforts, espc:cially when we consider the impact the f~ deficit will have on our children and our childim's children if it is not brought under oontrol. Yet, in yow- etforts in balancing the budget, the sacred obligations made to tnl>es in the HeUgate Treaty must remain your top consideretion.

Our Tn"bes me known throughout Indian Countly to be wry progressive. We have chosen to the options provided to all tribes in the Indian Self Determination and Education Assimnce Ad. of 1975, u amended, to the filllest extent We have negotiated Self-Govemance compaclS and annual tbnding agreemenlS with both the Bureau of Indian Aflairs and 1be Iailian H"calth Service. a result, all savices, tunctions, activities and posrams pmiously pnMded by these federal agencies,· except for the Sapenntcndent func:tions provided at the l-"lathead-Agmcy, are now Wlder the direction and pidancc ofour Tribes. We are pioneering a model which can be used tbrou&bout the 'kation as tbe fedenl pvernment retums the decision making to the people ·most effected 542

or most impacted by the decisions, a current philosophy being implemented through the transfer offederal funds in block grants to states.

The Confederated Salish and Kootenai Tribes submit the following for your consideration:

··TRIBAL PRIORITY ALLOCATION - The major portion of Bureau of Indian Affairs budget is in the Tribal Priority Allocation (TPA). This line item funds the some of trust and servfoe functions provided to the tribes. Tribes have the opportunity to allocate these funds in a manner consistent with their local priorities and needs. Since this line item has been historically underfunded, tribes are forced to make impossible decisions of prioritizing the over 100 functions available to receive funding in the TPA including such important items as natural resource protection, child welfare, real estate seJVices, forestry and water resources protection. The over 13% reduction to the TPA in Fiscal Year 1996, drastically services to Indian people. Although in FY 1997, the TP A received an increase, it did not compensate for the FY 1996 reduction. ·

All of om tribal programs are under funded. In an effort to support these much needed services, we allocate all available tnbal fimds to supplement programs which-should be ftmded by the BIA The BIA does not receive adequate funding or equal funding for comparable functions provided by other agencies .in the Federal Government. For example, the Bureau of Land Management receives three times more money than the BIA to administer similar services. · The Forest Service spent three times more per acre of forest land to manage non-Indian forests than the BIA received for managing tribal forest land, for which there is a federal trust responsibility. 1

The Confederated Salish and Kootenai Tribes respectfully request your committee to increase the funding to the Tribal Priority Allocation. . This is the one area that can have the most impact on all tribes and all Indian people. · In our Tnbal budgeting process, the following Tribal Programs have identified the.additional funding needs:

Forestry Department - $680,000 - to meet Tnbal Harvest expectations, conduct NEPA, provide integrated resource planning, manage T&E species, plan for basic road transportation, provide OIS program and meet the forest inventory needs.

Lands Program- S2S6,13S - to provi_de compacted responst"bilities. Without additional. funds in FY 98, the following services will be reduced: surveys for homesite, land "acquisition, exchanges and gift deeds. · Trespass and lease compliance will become ineffective.- Fee ~o trust transactions wiij not~ timely. The backlog will grow.

Water Management Program - $84,625 ·• to collect data being used by a variety of Natural Resources programs and the legal department such· as evaluating gro~dwater

1 Hughe$, Michael D., Faur Myths About the BIA Budget .. March 22, _1995 t:•\MMfflMI\WTNWO'lt0\011111.C:T nor. 543

and the groundwater systems, surface water interactions, fisheries management and land use. This is the amount the program has been reduced by in the past years.

Tribal Fisheries Program - $288,750 - to monitor fisheries and habitat enhancement. The current budget is tribal dollars since the BIA provides only $26 through the compact. The Tribes are considering the need for a tribal fish hatchery and operating budget of a combined total of$1.8 million dollars.

Tribal Wildlife Program - $52,500 - to provide wildlife monitoring for sound management decisions and for protection of endangered species.

Tribal Scholarship Program - $576,437- to meet the special needs of Indian children in the public schools and to meet the demand for higher education and vocational needs of Indian people.

The above examples result in a combined total ofSl,936.447. We fully understand that it is the Tribes' responsibility to budget the TPA. The above referenced programs are provided only to provide an example how the Tribes would allocate the requested increase.

Another area of funding concern is the BIA - Safety of Dams (SOD) Program. This program is to correct safety deficiencies in Bureau dams which will mitigate hazards to the public. The BIA reports that there is a $400 million dollar backlog of construction to repair the Department's most unsafe dams.

Seventeen of these unsafe dams are located on the flathead Reseivation. Several of these darns place the communities at their base in peril. In 1989, the Tribes' established our SOD program and it has been extremely successful. Two dams have been modified and at a cost significantly lower than originally estimated. For example, Black Lake Dam was completed in November 1992, at a savings of near $1.3 million. The Pablo Dam SOD modification Project was completed in February, 1994 at a savings of $140,000. There is much work left to be done.

For the Tribes to stay on course with resolving all the unsafe dams on a one darn per year schedule, funds must be received in Fiscal Year 1998. Specifically:

McDonald Dam Construction $9,832,000 Tabor Darn Final Designs 755,000 Lower Dry Fork Dam Final Design 742,000 Upper Dry Fork Dam Conceptual Design 332,000 Jocko Dam Deficiency Verification 384,000 Black Lake Dam Construction I 637 000 TOTAL S 13, 682,000

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40-073 97 - 18 544

The final funding issue in the BIA is Water Rights Negotiation Support. In Fiscal Year l 998, our Tnbes will require $640,000 to support a comprehensive water rights quantification (Tubal / Federal) work plan including stream gaging and tribal participation in the water rights negotiation process. We have received only 53% of our total water rights support request in the past two fiscal yem, forcing the Tribes to use their very limited funding sources to maintain this Program at an acceptable level. It is anticipated that the negotiation effort will last several yem and it is imperative that technical support ftmding be appropriated to develop the most comprehensive water rights settlement case possible.

Since the Tribes' 1994 decision to again initiate water rights negotiations with the State of Montana, we have been very active. The Tribes met twice with the Montana Reserved Water Rights Compact Commission and three times with Flathead Federal Water Rights Negotiation Team. One result was direction to develop an operating Memorandum of Understanding with the State of Montana and a Technical Data Sharing Agreement with the Federal Team. These agreements are pending and near completion. In addition, several work group meetings were held to discuss and develop a draft work plan and funding proposal Tribal contractors are developing a comprehensive water model which will be used by the Tnbal and Federal teams and eventually by the State of Montana. A meeting with the Federal Team is tentatively scheduled for this Spring to continue our discussions. The State of Montana is presently preparing to grant legislative approval to another Tribal Water Rights Compact which will allow them to give higher priority to our Tribes.

It is our understanding that the House Appropriations Subcommittee hearing is also the forum for tribal input into the budget requests for the Office of the Special Trustee, established pursuant to American Indian Trust Fund Reform Act of 1994. Once again, our Tnbes have been in the forefront of exercising our rights to self-governance by actively negotiating an annual funding agreement with this Office through its Office of Trust Funds Management. We are extremely concerned about the lack of tribal involvement or meaningful consultation between this Office and the tnbes the Office was formed to serve.

The Tribal Council recognizes the constraints of the federal budget We implore you to acknowledge the unique relationship between the tribes and the Federal government and ensure the Department of Interior appropriations bill fulfills Federal obligations.

Sincerely, c::;:;:::;;:, KOOTENAI TRIBES Rhonda R Swaney, Chairwomen Tribal CoWtcil

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INTRODUCTION My name is Ruby Atwine. I am the Chair of the Tribal Business Committee of the Ute Indian Tribe of the Uintah and Ouray Reservation located in northeastern Utah. I am here today to testify in support of the Department of the Interior's proposed appropriation for the Ute Tribe's water settlement. The proposed appropriation of $41. 5 million is partial fulfillment of the obligations and promises made by the United States to the Ute Tribe in 1965 and reconfirmed by Congress in 1992. Those obligations and promises are set forth in the Ute Indian Rights Settlement, Title V of the Central Utah Project Completion Act, PUblic Law 102-575, 106 Stat. 4600, 4650 (Oct. 30, 1992). The purpose of the Settlement is, in part, to settle long-outstanding claims held by the Tribe relating to the failure to construct features of the Central Utah Project contemplated in the September 20, 1965 Agreement between the Tribe, the United States and the Central Utah Water Conservancy District. This particular appropriation is to partially fund the Tribal Development Fund provided for in section 506 of the Settlement. The Ute Indian Tribe is pleased with the opportunity to present its views to this distinguished Subcommittee. The Tribe looks forward to working with the members to implement the proposed appropriation, which will provide a critical step in completing the funding of the Tribe's Water Settlement; funding which is vital to the economic development of the Tribe and its members.

INTRODUCTION TO THE UTE INDIAN TRIBE The Ute Indian Tribe is made-up of three bands, the Uintah, Whiteriver and Uncompahgre. The Reservation is made up of two separate reservations: the.Uintah Valley Reserve established in 1861; and the Uncompahgre .Reserve established in 1882. Together they encompass nearly 4.5 million acres of Indian trust, fee and federal land. The Tribe holds approximately 1,000,000 acres of Reservation land in trust. The entire Reservation lies within the drainage of the Colorado River Basin. The Duchesne River and its tributaries, Rock Creek, Lake Fork and Yellowstone Rivers, Uinta and Whiterocks Rivers are among the stream systems that pass south from the Uinta Mountains through the Res~rvation to the Green River and then on to the mainstem of the Colorado River. There are approximately 3,300 members of the Tribe who live on the Reservation. They suffer from the highest unemployment rate in the entire Uintah Basin. While the Reservation is blessed with oil and gas resources, employment opportunities are limited. Other "modern" employment opportunities are proscribed by the lack of additional economic development. The Tribe and a few tribal

1 546 members do engage in agricultural enterprises which provide only limited economic returns. Fish and wildlife resources are extremely important to the Tribe and could, if properly developed and managed, offer greater economic opportunities.

THE UTE INDIAN RIGHTS SETTLEME!l'l'

The Ute Indian Rights Settlement was passed by Congress and signed by the President in October, 1992. The facts surroundi.ng this Settlement make it distinct from other Indian water settlements. The United States had a contractual obligation .to the Tribe which it failed to fulfill. The Settlement only represents substitute consideration not enticement to enter a settlement of the Tribe's water rights.--

As I previously noted, in 1965 the Tribe, United States and Central Utah Water Conservancy District entered into what is commonly referred to as the Deferral Agreement. In the Deferral Agreement, the Tribe provided the United States and the Central Utah Project 60,000 acre-feet of water annually to assure the funding and completion of the Bonneville Unit of the Central Utah Project. The Bonneville Unit of the CUP is the principal component of Utah's water supply future. It is one of the most complex and expensive transmountain diversion projects ever built by the Bureau of Reclamation. The project diverts water, including the 60,000 acre-feet made available by the Tribe, from streams in the Uinta Basin and transports the water westward across the Wasatch Mountains to Salt Lake and Utah counties. In exchange for its substantial and essential contribution, the Tribe was to receive storage in two large dams and replacement water for the 60,000 acre-feet made available to the Bonneville Unit. The dams were never built, the replacement water never delivered .e.n.g, if the Settlement is fully funded, the 60,000 acre-feet of tribal water will continue to be transported annually across the Wasatch Mountains. The Settlement is an attempt to place the Tribe in an economic position similar to that it would have a6hieved had the promised structures been built and the promised water delivered. As funding is delayed, that goal remains unachieved and the opportunities promised (once again) unfulfilled. While the sums of money authorized in the Settlement and included in the Department of the Interior's proposed 1998 budget, may appear, to some, generous, they are in reality relatively small when compared to the unfulfilled promises made to the Tribe beginning over 30 years ago in the Deferral Agreement or the enormous economic potential offered by the Bonneville Unit, which could not have been completed without the Tribe's contribution. To date, Congress has fully funded the Tribe's farming programs, found in section 504 of the Settlement, and partially funded various reservoir, stream and habitat improvement projects provided for in section 505. The Tribe has begun initiating the various farm and habitat improvement programs established in the Settlement and is

2 547 in the process of developing its long-range plans for utilization of·the funds. However, funding of the "Tribal Development Fund", the largest and most important program in the Settlement, was only initiated in fiscal year 1997, in an amount far less than is contemplated in the Settlement. ·

THE TRIBAL DEVELOPMENT FUND Section 506 of the Settlement establishes a Tribal Development Fund "to be appropriated a total amount of $125,000, ooo to be paid in three annual and equal installments • ••• " (Due to inflation factors applied to the 1992 authorization, the authorized amount has increased over the past four years to approximately $145 million.) In fiscal year 1997, Congress made the first appropriation for the Tribal Development Fund in the amount of $25 million. This appropriation, however, did not meet the statutory requirement of an equal one-third installment. Instead, Congress decided to reduce the appropriation and "adjust" future appropriations in accordance with section 506 (b). That subsection provides that an adjustment will be made by the Secretary whi9h represents the interest income "that would have been earned on any unpaid amounts" if Congress fails to fully fund the ·Development Fund in three annual and equal installments, It is the Tribe's understanding that the proposed $41.5 million appropriation for fiscal year 1998, includes an adjustment. of approximately $1.5 million. This amount represents the interest the Secretary has determined the Tribe would have received on approximately $23 million Congress failed to appropriate in fiscal 1991.

Following receipt of the initial $25 million appropriation, the Tribe began a broad review and analysis of potential on- Reservation economic development programs. The Settlement limits the Tribe to spending only the interest derived from the Development Fund on it economic projects. Moreover, the Tribe is required, under section 506, to prepare a Tribal Development Plan setting forth its economic development projects. That Plan must be approved by two independent financial consultants approved by the Secretary.

It soon became apparent that until funding of the section 506 Development Fund is complete, the Tribe cannot fully evaluate, develop or initiate a compre~ensive plan to both create and foster economically viable enterprises on the Reservation and invest in outside economic ventures. It is vital, therefore, that funding of the section 506 Development Fund be completed as quickly as possible, albeit not in three equal installments, to allow the Tribe to determine with some accuracy the amount of interest that will be available for project development on an annual basis. The Tribe can only develop a comprehensive, well planned economic development program that will provide the greatest possibility of success, when it knows the amount available to the program for economic investment on a year-to-year basis.

3 548

THE PROPOSED FISCAL YEAR 1998 APPROPRIATION The Tribe is fully aware of the fiscal constraints under which both on the Department of the Interior and the Federal Government as a whole must operate. However, Congress clearly recognized and understood in 1992, that it was essential to fully fund the Development Fund as quickly as possibly to foster economic development on the Reservation; economic development which should have begun over 30 years ago with the projects promised to the Tribe in the Deferral Agreement. The Fund is a critical component of the Tribe's efforts to secure economic self-sufficiency in the future and that process cannot truly begin until funding is complete.

The Tribe recognizes that in this time of fiscal constraint, the proposed appropriation of $41.5 million represents a substantial contribution of limited financial resources toward assuring full funding of the Tribe's Settlement as quickly as possible. The Tribe appreciates the efforts of the Department of the Interior and this Subcommittee on its behalf. It is, however, important to recognize in reviewing this proposed appropriation, that $41.5 million falls short of what was clearly anticipated and promised by Congress in 1992. It does not amount to a full one- third of the overall authorization and it does not replace the shortfall in the 1997 appropriation. At the present rate, the Tribe estimates that it will take four to six years, fiscal years 2000-2002, before the Development Fund is fully funded. Until then, the Tribe can only initiate an extremely limited economic development program that will fall well short of that envisioned by the Department of the Interior and Congress and is vital to the Tribe and its members.

CONCLUSION On behalf of the Tribal Business Committee of the Ute Indian Tribe of the Uintah and Ouray Reservation, I would like to express my gratitude to the Subcommittee for this opportunity to present the Tribe's statement in support of the proposed $41.5 million water settlement appropriation for the Ute Indian Tribe. The Tribe and the United States have worked together for many years to assure that the Tribe would at least receive the economic benefits promised when it provided·water to assure the construction of the Bonneville Unit of the Central Utah Project. We are now close to completing what has been a long and at time acrimonious process. The proposed appropriation of $41.5 million is a critical step in bringing this matter to a close and fulfilling the obligations undertaken by the United States in 1965 and reaffirmed by Congress in 1992.

4 549

The Walker River Paiute Tribe of Nevada, would like to outline our priority appropriation needs for fiscal year 1998. We appreciate the opportunity to submit written testimony to your committee. Our reservation is located some 100 miles southeast of Reno, Nevada and consists of a third of a million acres. Cattle grazing and agriculture are two of our most important livelihoods. We call ourselves the Agai Dicutta Numu, which means the Trout Eater People, because of the 35 pound cutthroat (salmon) trout that were once in our lake, the present day Walker Lake. The white man calls us Paiute, because, in the mid-1800s, when they asked where the nearest water was, the people said, "paha uto" which means "water is in that direction". From those words, came the word Paiute. In the far west, water is worth more than gold and today, I will provide four particular concerns that deal with water issues that mean the difference between life and death to our northern Paiute people.

1. Safety of Dams Program

Our top concern is the need to supplement our Safety of Dams program, which the Tribe has contracted from the Bureau of Indian Affairs (BIA) and subcontracted to the Bureau of Reclamation ( BOR) • Weber Dam is an earthfilled dam that was constructed in the 1930's by the BIA for irrigation purposes. This dam is designated a high hazard dam because of the potential for loss of life. In the event of the dam's failure, BOR engineers estimate that a 25 foot wall of water could hit the first reservation home with 15 minutes and overcome our comrnuni ty of Schurz with a matter of 45 minutes. Facilities that would be lost include the daycare center, elementary school, health clinic, Tribal administration building, senior citizens center, Tribal court building, post office and many residences. State and national concerns include the possibility that U.S. Highway 95, the major highway running through Nevada, and the railroad would be destroyed. The railroad has many uses, including the daily transport of the world's largest ammunition depot at the Hawthorne Army Ammunition Plant. The Tribe's subcontractor (BOR) is beginning the final design stage of the dam, which includes gathering additional geological data. We will continue with the final dam design in 1997 and would like to complete the construction stage in 1997-1999. The final design work also includes preparing drawings and specifications for construction of the required modifications. We are concerned that the Interior Department is simply not budgeting for (one-time) construction cost at numerous reservation dams across the country. Given the information that the BIA and BOR engineers have, the BIA needs to be requesting $40-$60 million for the Safety of Dams program for the next four years. We endorse funding at these levels and urge the Committee to examine this matter very carefully.

On October 30, 1996,.during a scheduled final design meeting in Denver, the BOR Project Design Engineer informed the Walker River Tribal Engineer and the Phoenix Area Safety of Dams Coordinator that the construction cost estimate had increased 550 because of design changes made necessary because most of the existing dam embankment will have to be relocated due to the discovery of a secondary geologic fault beneath the existing dam embankment. Additionally, foundation permeability and stability problems at the new site will result in a substantial increase in excavation and embankment construction costs over earlier design schemes. It is not possible for the construction contract bidding process to begin until sufficient funds are on hand to complete the project. In order to have sufficient funds to begin this process we will need to have $10 million on hand. Because the BIA has only requested $8 million we will need an additional $2 million more than the BIA requested under the Safety of Dams program for the Weber Dam Project.

The Bureau's Phoenix Area Office recognizes the need for the additional $2 million, and they forwarded a request for supplemental funding to the Bureau of Indian •Affairs Central Office in November of 1996. Despite the Area Office's request, these additional funds were not identified in the BIA' s "Green Book" submitted for FY '97. Weber Dam is the BIA's highest priority dam for reconstruction under the Safety of Dams (SOD) program and is within the top ten priority dams for the entire Department of Interior's SOD program. The Tribe requests that the needed funds of $2 million be added to the BIA budget to support the Tribe's 638 Safety of Dams program and related water resource activities.

2. Flood Recovery Cost Share Requirement:

The Flood of 1997 caused a considerable amount of damage to the Walker River system, as well as other rivers in the Northern Nevada area during January. The Reservation was fortunate that the BIA dam tender operated Weber Dam with great skill, kept in communication with the Tribal Water Resources Department and the Walker River Water Master, and was able to release water to protect the dam from being heavily impacted. There was damage to the Reservation from high flows released from the dam, but no farms, homes or Tribal buildings were flooded.

The Walker River is vital to the welfare of the Reservation; the head cutting must be addressed as soon as possible. The high volumes of water caused by the flooding greatly accelerated a type of erosion known as "head cutting," which erodes the banks of the river. Unless repaired, this accelerated head cutting will have a devastating impact on a 20 mile river reach running from Walker Lake up stream to Weber Dam. The head cutting will erode the river banks on which a new railroad bridge and a state highway bridge sit, endangering those structures. It also threatens to tear away the irrigation siphon structure, and is threatening the agricultural fields and farms along the river which are already beginning to fall into the river. In order to prevent this type of catastrophic damage the river banks need to be stabilized. We also need to conduct a hydrogeomorphological study, design and construction of gabiens structures to divert and slow down the water to protect and reinforce the.river banks. 551

Much of the flood damage is not covered by FEMA. In particular, the erosion damage caused by the head cutting is not covered by FEMA, meaning that there is no federal assistance to stabilize the river banks and protect the structures and agricultural fields discussed above. The Tribe requests $950,000 to undertake these critically needed repairs. Where damage is covered by FEMA the Tribe will still need $42,500 in order to meet the 25% match required to access FEMA assistance. In order to repair the flood damage covered under the FEMA categories of A&B, which includes the Emergency Flood Fight, it will cost $65,000.00. Under FEMA categories of C-G~ the total cost of the flood damage on the Reservation is $105,000.00. The total match funding required is $42,500 ($16,250 for the A&B damage categories and $26,250 for the C-G damage categories). We strongly urge the Subcommittee to include the necessary matching funds in the BIA budget to allow the Indian tribes damaged by the floods to access FEMA assistance. The total funds needed to repair all the damage caused by the flood and prevent much more costly additional damage is $992 500.00.

3. Safety of Dam Enhancement:

The USDA has identified the recreation industry as the new economic engine for western rural communities. The Tribe has designed a plan to enhance the Weber Darn and Reservoir areas to provide economic development through the development of new recreation opportunities on Weber Reservoir. Under our plan, we would develop camping, fishing and boating opportunities. However, in order to mine the recreation potential, we need to connect the area to a power line two miles away and provide potable water for the area. We would also install either a fish ladder or an elevator hoist to allow the trout, which once spawned naturally in our lake, to make it over Weber Darn. This effort would be coordinated with the trout and bass fish stocking efforts of other local or . tribal fish and game organizations. Additionally, we would build a darn tender-concession building, install recreational vehicle hookups, and develop campsites by landscaping and installing permanent tables, benches and trash containers. In order to complete this plan we will need approximately $2 million. Under the Indian Dams Safety Act of 1994, up to 20% of the cost of safety of darns repairs may be used to provide "additional conservation storage capacity or developing benefits beyond those provided by the original darns and reservoirs." The Phoenix Area director agrees that our reservoir enhancement plan would be an acceptable use.of such funds. We request that the safety of darn funding for Weber Dam be increased by an additional $2 million to provide sufficient funds for the repair work and allow funds to be used to complete this reservoir enhancement plan.

4. Irrigation Rehabilitation and Betterment Program:

The irrigation system consists of Weber Darn and Reservoir, a diversions structure on the Walker River, and a canal system on - each side of the river. We request $3 million in order to continue the irrigation rehabilitation program, ·which will enable us to • 552 conserve and better use the water we have. The productive and efficient use of water is a paramount concern for the Walker River Paiute Tribe and its individual members. Water represents our livelihood and our lifeblood. The Tribe and its members have already expended great efforts to conserve and efficiently utilize our water resources. For example, individual Indian farmers have invested their. own capital and energy to maximize the productivity of their water resources by "laser leveling" their fields. This process allows for better water distribution and results in greater crop yields with less water. Similarly, through the Rehabilitation and Betterment Program, the Tribe has installed water moni taring devices and replaced earth canals with concrete lined channels in order to minimize seepage losses. The issue of water conservation is in the forefront of everyone's mind, and the goal of our Irrigation Rehabilitation Program is to avoid any waste of this precious resource. The rehabilitation program implements improvements proposed by a BIA report conducted by Cooper Consultants of Portland, Oregon. The report concludes that the improvements represent the best means for improving irrigation water management, reducing water losses, and providing adequate water to the land served by the irrigation system with minimum capital investments. Specifically, the report recommends the following improvements: replacing 1.4 Mile of laterals, lining 57,000 feet of earth canal, rehabilitating 6,500 feet of existing lined canal, remounting or installing 134 turnouts and 67 check gates, installing 22 water measuring structures, constructing loss prevention and erosion protection works at four sites on the Walker River and subjugating 750 acres of land. The Bureau of Reclamation ( BOR) engineers have examined the Cooper report, done on-sight visits, and originally recommended a funding level of $8 million to implement such recommendations.

The Cooper report concludes that implementation of the recommended improvements will have significant economic and social benefits. With adequate and timely delivery of water, existing non-productive and marginally productive lands will be rehabilitated. More productive utilization of the land will result in the creation of new jobs and an increase in the income of Tribal enterprises as well as individual Indian farmers and landowners, resulting in greater overall economic stability in the area. The social impacts of the economic stability will be far reaching. The BIA report points out that the additional income and employment opportunities will decrease the number of persons on welfare and receiving financial assistance, as well as enable the Tribal government to devote more energy and resources to social programs. These funds would also pay for right-of-ways, estimated at $650,000 that were not originally purchased by the Bureau of Indian Affairs when they installed the irrigation system.

We pray that you will seriously consider the needs of the Agai Dicutta Numa - Trout Eater People of· Nevada. Thank you very much. 553

Written Testimony Submitted to: House of Representatives Committee on Appropriations FY1998 Interior Appropriations

Submitted by: Joseph C. Saulque, Chairman Owens Valley Indian Water Commission March 18, 1997

This appropriations request is for the U.S. Department of the Interior, Bureau of Indian Affairs, Water Resources Protection Program. The amount of funding being requested for FY1998 is $258,068. This money will be used for capital startup costs for the Owens Valley Tribes' comprehensive Groundwater Monitoring Program and negotiation support costs.

Background Information about Organiz.ation to be Funded

In 1991, the Paiute people commonly known today as the Owens Valley Paiute Indians, but to themselves are known as 'Nume' which means people, chartered the Owens Valley Indian Water Commission (Commission) to serve as their water department to: negotiate the tribes' water rights with the federal government and the Los Angeles Department of Water and Power (LADWP); address the impacts ofLADWP's water extractions and diversions on reservation environments; and improve water-related conditions on the reservations.

The Commission is comprised of two tribal members from each tribe for a total often Commissioners. Six of the Commissioners also serve on their respective tribal councils and the others are appointed by tribal resolution.

The Owens Valley Tribes are part of the greater Northern Paiute Nation whose original territories encompassed the greater part of western Nevada, parts of Oregon and Idaho and east central California The Owens Valley Tribes include the Big Pine Paiute Tribe of the Owens Valley, the Bishop Paiute Tribe, the Fort Independence Paiute Tribe, the Lone Pine Paiute-Shoshone Tribe, all located in Inyo County, CA, and the Utu Utu Gwaitu Paiute Tribe located in Mono County, CA. California's Owens Valley stretches for 100 miles along the eastern flank of the Sierra Nevada range. At present, the tribes occupy only a small fraction of their ancestral lands. The majority of these lands are now owned by the City of Los Angeles Department of Water and Power for water gathering activities or are administered by the Inyo National Forest Service and the Bureau of Land Management. The Owens Valley supplies 70% of Los Angeles' domestic water supply.

Exportation of Owens Valley Water

At the tum of the century, the City of Los Angeles (City) began acquiring land and water rights in the Owens Valley which at present total 300,000 acres in Inyo and Mono Counties, comprising 97% of the privately held land. In 1913, the City completed a surface aqueduct (the first) between the Owens Valley and Los Angeles and began exporting Owens Valley water.

In 1941, the City completed the Mono Basin Project whfch gathered the natural run-off from the Mono Basin and delivered water to Los Angeles through the first aqueduct. Since 1917, the City has drilled more than 360 wells in the Owens Valley to access groundwater to be used as a supplementary source of water during dry years. 554

In 1959, the City proposed the construction of a second aqueduct to cany water from Owens Valley to Los Angeles for the purpose of completing the development of the Inyo-Mono supply and to ensure the City would not lose certain water rights on which it had filed. At the time the City finished constructing the aqueduct in 1969, it had not yet started increasing its exportation of groundwater when the California Environmental Quality Act (CEQA) became law in 1970. Because the groundwater extraction was viewed as a separate project dividable from the construction of the second aqueduct, the Court of Appeal required the City to prepare an Environmental Impact Report (EIR) under the CEQA. The City has prepared two EIR's (1976, 1981) and both of these have been declared legally inadequate by the Third District Court of Appeal for the State of California.

In 1984, the Court granted pennission to the City and the County of Inyo (County) to enter into an interim long-tenn groundwater management agreement and attempt to negotiate a resolution of the pending lawsuits. The final EIR submitted to the Court on October 21, 1992, contains the final agreement of the parties which describes a long-tenn groundwater management plan. Neither the Tribes nor the United States are parties to this agreement.

While the County has found the City's final EIR to be adequate, the Third District Court of Appeal has retained jurisdiction of the lawsuit. The State of California's Department of Fish and Game, as well as other environmental groups and concerned individuals, have challenged the adequacy of the City's EIR. It now appears that a settlement has been reached by the parties and that this settlement was presented to the Court of Appeal on January 24, 1997. The Commission had no input concerning this proposed settlement.

In 1990, the Big Pine Tribe (who at that time was the lead tribe of the Commission) prepared comments concerning the City's proposed EIR. After the filing of these comments, the Commission requested and received amicus curiae status with the Third District Court of Appeal.

During this same time, the Commission began negotiations with the Los Angeles Department of Water and Power (LADWP) concerning its environmental concerns, as well as the issues of reserved water rights for lands traded to the City in a 1939 land exchange with the United States. In this exchange, the United States has traded 3,126 acres of land throughout the Owens Valley for 1,391.5 acres of land which are now the reservations of the Bishop, Big Pine, and Lone Pine Tribes. In this agreement, the water rights were reserved on the traded lands, with the City agreeing to provide, in perpetuity, four (4) acre feet of water per acre per year annum to the present reservation lands. The United States reserved the water rights to the 3,126 acres traded to the City and the City retained the water rights to the present reservation lands.

The Commission believes the present FEIR and long-tenn groundwater management agreement fails to recognize the off-reservation water rights of the Tribes, and fails to protect these rights, as well as the vegetation and general environment on the present reservations. The negotiations with the LADWP center around these issues.

Commission Groundwater Monitoring and Negotiation Activities

In recognizing its trust responsibilities and in support of the Commission's efforts, the Bureau of Indian Affairs, Central Office, provided $219,000 to the Commission in FY 1991 - 1992. This money was used to support the negotiation activities with the LADWP and. to hire Commission technical consultants. The Commission hired a hydrologist, Dr. Woldezion Mesghinna of Natural Resources Consulting Engineers, Inc. and a research specialist, Mr. Daniel Gallacher, of Historical Research Associates Inc., to investigate and quantify the reserved water rights held by the United States on the lands traded to the LADWP.

In August 1992, the Bureau of Indian Affairs agreed that the Commission would have the lead role in negotiating with the LADWP while the United ·states would support the negotiations and provide technical assistance. The Commission had been in discussions and negotiations with the LADWP since early 1992 and 555 had made substantial progress in addressing areas of concern to the Owens Valley Tribes. At a meeting held in April 1993, discussions between the Commission, its experts and the LADWP centered on the reserved water rights retained by the United States and the methodology used to quantify those rights.

Unfortunately, in 1993 negotiations stalled when the Bureau of Indian Affairs chose not to continue funding the Commission's efforts until the 1993 fiscal year had almost expired in September. It was not until October 1993 that the Commission was able to confinn that $88,500 had been contracted. These funds were used to fund additional studies concerning the Practicably Irrigable Acreage Quantification.

In December 1993, a federal fact-finding team was appointed to investigate the water claims filed by the Commission on behalf of the Tribes. In September 1994, the team completed its investigation and prepared a final report.

As the negotiations continue, the Tribes' water rights, water resources and reservation environments continue to be negatively impacted by the City's water gathering activities. In 1994, the Commission was successful in securing BIA funding in the amount of $200,000 to initiate a groundwater monitoring program and protection system for the Owens Valley reservations. Rather than directly contract with the Commission to ove~ the development of the system, the BIA provided these funds to the United States Geological Survey (USGS) to develop the system. The system was never developed. The BIA informed the Commission that USGS reported having spent over $90,000 to drill monitoring wells for the Owens Valley Tribes. In actuality, there were no wells drilled by the USGS on any of the Owens Valley reservations with these funds. The Commission has on several occasions requested from the BIA a copy of the USGS report of work completed. No report has been provided. In November 1994, the Commission was informed by the BIA that the balance of these funds had been returned to the BIA Central Office in Washington and redistributed to another tribe. Consequently, the Owens Valley Tribes are without a groundwater monitoring system to safeguard their water rights, water resources and reservation environments.

Based on the fact-finding team's report, a federal negotiation team consisting of Mr. Dan Jackson, Mr. Bob Laidlaw, and Mr. Curtis Milsap was appointed in July 1995, to help facilitate a settlement between the Commission and the LADWP. During the rest of 1995 and 1996, the parties have met on numerous occasions and have made steady progress. Currently, the parties and their consultants are meeting to discuss and agree on a quantification of the federally-reserved water rights belonging to the Owens Valley Tribes.

In FY1995 the Commission received Water Resources Protection Funding in the amount of $150,000 and initiated a comprehensive Groundwater Monitoring Program. Due to limited funding the program is being developed in four phases. The first phase was completed in FY1995 ($34,056). The second phase will be completed in FY1996 ($75,316) and it is anticipated the third ($40,546) and fourth phases ($39,534) will be comple~ in FY1997.

The Commission is requesting continued funding to complete these negotiations and to provide for the capital . start-up costs. of actual groundwater monitoring. The capital costs include the installation of a shallow and a deep acquifer monitoring well on each of the five reservations. The amount being requested for FY1998 is $258,068.

Funding for California Tribes

The Commission strongly feels there has been inequities. in the amount of funding being provided to California Tribes. For over 100 years, studies conducted by federal, state and private agencies have reached the same conclusion: California Indians are not receiving a fair share from federal Indian programs; and because they have received less support from the federal government, California Indians have suffered in social-economic well-being relative to other Indian groups in other states. · 556

Well-documented reports have come from both Republican and Democratic administrations concluding that per capita spending for California Indians was below that in other areas. For example, in 1975, per capita spending for California Indians was $309.97 of the total Bureau allotment, while spending in the Minneapolis Area was $859 per person and spending in Portland averaged $1,576 per person. The degree of inequity is understated because the Bureau systematically undercounts California Indians. In 1989 the Bureau's California service population count was 28,815 and the 1990 census count for California Indians was 236,078. Approximately 100,000 of the 236,078 California Indians are actual Native California Indians.

The history offederal policy toward California Indians offers insight into the weakness of the Bureau's service population criteria The failure of the federal government to ratify the 1852 treaties it negotiated with California Indians and to establish a suitable reservation land base for them means that the general criteria limiting service population to Indians "on or near reservations" should not be applied in California This geographic criterion is currently not applied to Indians in Oklahoma and Alaska The number of California Indians who participated in claims awards based on past deprivation of land proves that the federal government views them as Indians, yet the Bureau refuses to recognize their tribal groups.

Budget analysis from the 1980s and 1990s confirms that these inequities have persisted. Based on the Operation of Indian Programs and the BIA's official service population figures for the years 1990 to 1994, California Indians are receiving only one-third to one-half the funding received by all other Indians. In 1994, for example, the Sacramento's per capita funding was $700.30 while the rest of the BIA-served Indian population enjoyed per capita funding of $1,310.51.

Reduction in Natural Resource Funding

The continual reduction in appropriated funds for the BIA's natural resources budget, including water resources, is unjust Only five tribal governments in California have quantified their water rights. Consequently, there is a lot of future work to be done on tribal water rights issues in the State of California, let alone in the Owens Valley, and funding is needed to perform this work.

BIA Natural Resources Funding Reductions

Funded Figures (Dollars In Thousands) Category 1991 1992 1994 1996 Water Resources $11,123 $10,353 $5,501 $3,682 Total Natural Resources 79,992 78,041 64,224 53,489 (Including Water Resources)

The Commission requests that Congress increase the BIA's Water Resources funding to $10 Million in FY1998, with at least $1 Million earmarked for California Tribes for each of the next five years. In addition, the Commission urges the House Appropriatiofll> Committee on Interior Appropriations to recognize the inequities in funding for California Tribes and provide per capita funding for California Tribes that is equal to the rest of the BIA-served Indian population. 557

CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS Tribal Government Offic.es: 338 Wallace Avenue • Coos Bay, OR 97420 Telephone (.541) 888-9.577 I Fax (.541) 888-.5388 .

Written Testimony of Gregory A. Norton, Council Chairman The Confederated Tribes of Coos, Lower Umpqua & Siuslaw Indians

on the President's Proposed FY 1998 Budget for the Indian Health Service House Interior Appropriations Subcommittee Hearing

The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians have taken steps to operate and manage its own preventive outpatient program. We will do this as a result of negotiating with the Indian Health Service, a PL 93-638 Indian self-determination Contract.

However, the expected Contract Support Costs (CSC) which is critical to Tribal Self Determination and to our control of health programs for our people is not available this fiscal year, or in the next several years, given the past Congressional funding levels of the Indian Health Service, Indian Self Determination Fund (ISDF). There is currently a $39 million unfunded need for Contract Support Costs. We urge Congress to significantly increase the funding in FY 98.

Another area is which Self Determination is negatively impacted is Congressional failure to fund Mandatory Cost Increases. This failure reduces health care available to our Indian People. There is a compelling need for funding in the IHS budget; inflationary and population growth costs. I ask your support for full funding in this category.

Maintenance and Improvement (M&I) facility funding needs are growing. A · major increase to attack the $188 million backlog is needed beyond the proposed $12 million. I ask for your support in significantly increasing the IHS and Tribal M&I funding. · 558

We also fully support the IHS need to upgrade its computer operating system; the Resources and Patient Management System (RPMS). The request for new, one time only funds for the costs needed for a major computer hardware and software upgrade is essential for IHS and Tribal reporting to Congress as mandated by PL 93-638 as amended.

The Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians appreciate the opportunity to express our wishes and views concerning the Indian Health Service FY 98 Budget.

Thanf}ou

~.Norton Chairmln of the Tribal Council

GAN:ela 559

IBE KLAMATH TRIBES FY-1998 APPROPRIATION REQUEST TESTIMONY

JEFF C. MITCHELL ·TRIBES CHAIRMAN

MARCH 13, 1997

1. KLAMATH BASIN WATER RIGHTS SETTLEMENT INITIATIVE $360,000

Tribal Negotiation Team: $ 80,000 Technical Assistance: $170,000 Legal Counsel: $110,000

The Tn"bes and their neighbors in the Klamath Basin are involved in a Basin-wide water rights adjudication. These processes are typically very lengthy and divisive within the community. An alternative exists. The Tribes and the State of Oregon have begun the process of initiating a settlement negotiation to resolve water rights in the Basin.

This offers the opportunity for an agreed-upon, win-win, outcome that all water interests can live with, rather than a win-lose outcome which will result in economic disruption or further ecological deterioration in the Basin. Funding is needed in FY-98 to support this effort.

2. PUBLIC SAFETY AND JUSTICE PROGRAM $546,275

Base Funding Request: $424,550 One Time Capital Outlay: 121,725

The Klamath Tribes are requesting Congress to appropriate $546,275 in funding, for FY 1998, to implement the impending Klamath Tnbes Judicial Program. This program encompass both the Tribal Judicial System, with planned Trial Supreme and Peacemaker Courts; and a Law Enforcement division. As the Klamath Tnbal Government continues to expand, with an impending revision of their Constitution rutd the ongoing implementation of new ordinances, it is imperative for the Tribes to establish a Law Enforcement division to ensure compliance with new ordinances, and an independent Judicial System to guarantee all laws remain consistent with each other, to act as a check and balance

2 560

on the Executive Committee and General Council ofthe Tnl>es and to fairly adjudicate violation of Tribal law. .

Therefore of the $546,275 requested $121,725 would be a one time capital outlay needed to immediately bring to life the Court System and Law Enforcement division and begin the process of retrocession of jurisdiction back to the Klamath Tribes. The Court, once established, would . immediately begin hearing cases as needed and insure the Tnbal government does not infringe on the rights of Tnbal members. \

Upon establishment ofthe Court and Law Enforcement System, the program would require $424,550 base funding to continue to carry out a complete legal structure, to train Tribal Law Enforcement officers, Tribal· Judges, Court Advocates, program employees, and to manage a legal assistance program. With the base funding, the Klamath Tribes will continue to work toward the securing jurisdiction over Tribal matters, and thus offer Tribal members an opportunity to have matters decided before a court that understands and acknowledges their legal rights, and their culture and heritage.

3. THE KLAMATH TRIBES CONTRACT SUPPORT COSTS REQUEST

Public Law 93-638, Section 106, provides for the funding for Contract Support Costs that are necessary for a tribal organization to carry out the terms and ensure compliance with all Federal Regulations for the grants, contract and agreements issued on their behalf.

Congress, for the past several years, has appropriating insufficient funds to even cover an amount equal to the Tribes 1994 Contract Support Costs. The following chart identifies the shortfall in Indirect Cost, Contract Support Funds, the Klamath Tribes have experienced in recent years:

BIA 100% ·INDIRECT INDIRECT BASE INDIRECT COST COST YEAR FUNDING NEED AWARD SHORTFALL

1994 $2,231,619 $ 602,618 $489,362 $113,256 1995 2,371,476 913,009 837,606 111,032 1996 2,444,050 1,186,573~. · 881,816 304,757 1997 2,399,300 1,055,303* 790,728 263,575 * Increase due to Tribal reorganization which transferred Executive Committee and Department Directors into the Indirect Cost pool at 25% and 50% respectively.

In addition, for the past several years the Bureau of Indian Affairs (BIA) has been down sized. The Portland Area Office staff has been reduced by 90 + FTE employees, which results in all tribes being required to do even more of the administrative function. None of the cost savings from the down sizing has been passed on to the Klamath Tnbes to offset the resulting increase in administrative cost.

3 561

The Klamath Tnbes request that Congress provide a separate pool of funds where by the Tribes can recover our full Contract Support Costs in accordance with PL 93-638, Section 106. The Tribes also request that the funds saved from the downsizing of the BIA Portland Area Offices be passed back to the Tn'bes to cover our increased cost of administering programs. Without these changes the Klamath Tribe will be forced to tum the programs back to the Bureau of Indian Affairs because the Tnbes can no longer support the administrative costs that the federal government has agreed to pay but refuses to fund.

THE KLAMATH TRIBES

FY-1998

TOTAL APPROPRIATION REQUEST $906,275

4 562

5 HISTORY

UPPER KLAMATH BASIN WORKING GROUP

HISTORY

Senator Mark O Hatfield established the "Hatfield Klamath Basin Working Group" in early 1995 following a July 6, 1994, Senate Hearing in Klamath Falls. Testimony at the Senate Hearing demonstrated a strong desire and willingness by the local community to resolve its environment/economic issues at the Basin level. The Senator felt the local people were knowledgeable about the issues, that they were a lot closer together than apart and that they wanted to do the right thing. He appointed a group of 27 people representing public and private interes~s.

The Senator's charge to the Upper Klamath Basin Working Group was to review issues in the basin and suggest solutions. The Senator specifically requested that the Working Group address: 1. Ecosystem Restoration and Water Quality; 2. Economic Stability; and 3. Reducing Drought Impacts. The Working Group was asked to identify short term and long term solutions. The Working Group was to provide assistance to the Senator on what would be the best solutions. Those with local support would have greater chance of success. The Senator asked the group to work through to consensus. Each member was chosen because they represent a segment of the community.

The Senator requested that the Working Group report back to him as soon as possible on immediate efforts and at the end of a year on other long term efforts that could be implemented in the basin. The Senator then pledged his support to help implement what the Working Group deve_loped. 563

The Working Group first met April 6, 1995, developed ground rules for their consensus process, and on May 17, 1995 the Working Group developed six short term solutions and sent them to the Senator:

1. JUNIPER UTILIZATION DEMONSTRATION AND EVALUATION ...... $ 300 K 2. FISH PASSAGE AT CHILOQUIN DAM ...... $ 383 K 3. WETLAND RESTORATION, WILLIAMSON RIVER DELTA ...... $ 2,000 K (Total effort over the long term will be$ 5,000 K plus) 4. RIPARIAN RESTORATION ...... $ 2-3,000 K 5. OREGON INSTITUTE OF TECHNOLOGY - GIS CENTER ...... $ 500 K 6. CHANGE OF PESTICIDE USE STANDARDS ON US FISH AND WILDLIFE REFUGE LEASE LANDS FROM DEPARTMENT OF INTERIOR TO STATE STANDARDS ...... No Cost

With the monies and support generated by Senator Hatfield many projects have been initiated. We have forged partnerships which not only wouldn't have been possible two years ago, but which generated a synergy to t~ke on projects which would have been beyond the abilities of any one group. The restoration of a part of the Williamson River Delta has br~ught into partnership NRCS, TNC, New Earth and PacifiCorp.

In order to insure the continued restoration of the Upper Klamath Basin the 1996 Congress authorized the Working Group as a pilot public advisory committee with $1 million per year matching funds for five years. This authorization was supported by Federal Agencies, and the Oregon Congressional Group. Senator Ron Wyden's southern Oregon aide is a member of the Working Group.

On March 5, 1997 the Upper Klamath Working Group came .to consensus on the following 1998 recomme~dations:

1998 RECOMMENDATIONS

Restoration of springs in Sprague and Williamson river systems, proposed by the Klamath Indian Tribes, $160,000. 564

Field trials for integrated pest management plan on Tule Lake and Lower Klamath national wildlife refuges, proposed by New Horizons Technology, contractor to the U.S. Fish and Wildlife Service, $30,000.

Development of a juniper management program, proposed by Oregon Department of Fish and Wildlife, $100,000.

Riparian fencing and wetland restoration at various locations, proposed by Ducks Unlimited Western Regional Office, Rancho Cordova, CA, $150,000.

Riparian protection and stream structures on three parcels of private lands, proposed by Klamath Soil and Water Conservation District, $243,350.

/ Wetland restoration on Sevenmile Creek, proposed by Water For 000.

Support for Geographic Information System center at Oregon Institute of Technology, $123,000.

Implement bull trout restoration strategy, proposed by Bull Trout Working Group, $50,000.

Install fish barrier to protect bull trout in Sun Creek, proposed by Bull Trout Working Group, $20,000.

The Working Group also came to consensus in recommending $500,000 for the continuing restoration of the Wood River Ranch by BLM. This is an ongoing restoration project of 3200 acres.

The Group will meet on March 17th to work out the wording for their support of Sump Rotation on the Tule Lake Wildlife Refuge.

We respectfully request that you appropriation of $1 million for restoration purposes in the Upper Klamath Basin for FY 1998. This restoration effort will provide solutions that can lead to recovery of the suckers and down listing. This will also help the AG community, the City and County, and the Klamath Tribes. 565

COLUMBIA RIVER INTER-TRIBAL FISH COMMISSION 729 N.E. Oregon, Suite 200, Portland, Oregon 97232 Telephone (503) 238-0667 Fax (503) 235-4228

TESTIMONY OF TED STRONG, EXECUTIVE DIRECTOR BEFORE THE SUBCOMMITIEE ON INTERIOR AND RELATED AGENCIES (Bureau of Indian Affairs Programs) COMMITIEE ON APPROPRIATIONS HOUSE OF REPRESENTATIVES March 6, 1997

Mr. Chairman, on behalf of the Columbia River Inter-Tribal Fish Commission (CRITFC), thank you for the opportunity to present the Commission's views on how the budget for the Bureau of Indian Affairs (BIA) should be structured to meet tribal fishery resource needs. For fiscal year 1YJ8, the CRITFC has identified needs totaling $9,506,433 for Columbia River fisheries management and associated programs, an increase of $7.014 million over the FY97 appropriated level of $2.493 million. The total needs identified includes continued funding for fisheries management, the Columbia River tribes' planning efforts involving the Columbia River Gorge Scenic Act, Columbia River Habitat Programs, Columbia River Endangered Species Program, and critical Watershed Restoration activities, as well as past under-recovered pay cost adjustments, totaling $103,903, mandated by law. In addition, the administration has proposed, and we support, funding enforcement activities at "in-lieu" fishing access sites at $250,000 in FY98. Fmally, the Columbia River tribes receive funding for participation in the Pacific Salmon Treaty process, consistent with annual recommendations of the U.S. Section of the Pacific Salmon Commission. We support the U.S. Section recommendation for FY98, at the funding level of $3,152,046 for the Pacific Salmon Treaty program in the BIA, with CRITFC and its member tribes to receive $861,305 of that amount, plus FY97 and FY98 pay cost adjustments.

Direction to Interior and Related Agencies In addition to the funding levels identified above, we ask that you direct the Bureau of Land Management, United States Forest Service, National Biological Survey, and the U.S. Fish and Wildlife Service to enter into cooperative agreements or 638 contracts as provided for under P.L. 103-413, with the CRITFC and with em;h of the individual member tribes in order to provide funding for coordination, participation, and project implementation under the several recovery plans. Each of the listed federal agencies has had several years during which to apply appropriated funds to implement authorized programs that would provide for healthy and sustainable fisheries; the tribes believe that it is now time for them to be given the opportunity to reach this goal.

Mmion Statement The CRITFC was formed by resolution of the Nez Perce, Umatilla, Warm Springs and Yakama Tribes for the purpose of coordinating fishery management policy and providing technical expertise essential for the protection of the tribes' treaty-protected fish resources. Since 1979, the CRITFC has contracted with the BIA under the Indian Self- Determination Act (P.L. 93-638) to provide this technical support. The CRITFC's primary mission is to provide coordination and technical assistance to the member tribes to ensure that 566

TF.sTIMONY of Ted Strong, Executive Director Page 2 of 4 Columbia River Inter-Tribal Fish Commission outstanding treaty fishing rights issues are resolved in a way that guarantees the continuation iµid restoration of our tribal fisheries into perpetuity. The Commission's technical experts, in coordination with the tribes' technical experts, have identified where the land and water managers as well as state and federal fishery managers have fallen short in protecting and restoring the habitat and production of all salmon stocks and we have, at the request of the tribes, provided recommendations for correcting management practices that have led to the loss and destruction of salmon and its habitat. The tribes' restoration plan documents the threats to their fisheries, identifies hypotheses based upon adaptive management principles for addressing these threats, and provides specific recommendations and practices that must be adopted by natural resource managers to meet their treaty obligations. The tribes' ultimate goal is to restore a sustainable resource for the benefit of all peoples in the Pacific Northwest, the following programmatic descriptions briefly describe how the tribes hope to achieve that goal.

Watershed Restoration Cost Share For the Fisheries Services programs, $5 .5 million of the proposed increase is for the watershed-based salmon restoration,program. The tribes have identified $30 million in habitat restoration work that must take place in the Columbia River Basin in order to begin to restore salmon populations. Of this work, about half is located on tribal reservations and ceded lands; therefore, the tribes must be prepared to manage and administer at least $15 million in watershed restoration activities, and will need to provide the required 25 % match. The $30 million will come from regional sources, for example, from the Northwest Power Planning Council's Fish and Wildlife Program funded by the Bonneville Power Administration. So, out of the $5 .5 million, $3. 75 million will provide the required 25 % match for $15 million of tribal watershed restoration activities. That is, every dollar provided through appropriations for this program will leverage a three dollar match from regional funds. The cost share monies will go directly to tribal governments implementing projects. Of the balance of the $5 .5 million, $1 million will be used to support building tribal capacity to administer and manage the habitat restoration activities and $750,000 will be used to direct a Columbia Basin habitat monitoring program to monitor the effectiveness of the $30 million in watershed projects. In lieu of the $3. 75 million identified for BIA cost-sharing on watershed restoration projects, the Bureau of Indian Affairs could facilitate efforts between each of the four tribes and their Commission and the Bureau of Land Management, United States Forest Service, National Biological Survey, and the U.S. Fish and Wildlife Service to enter into cooperative agreements or 638 contracts as provided for under P.L. 103-413, in order to provide funding for this cost share.

Watershed Restoration Outreach An important aspect of implementing the watershed restoration program throughout the Columbia River Basin will be explaining the J)enefits of the program to the potential partners in out year programs. The tribes believe that additional benefits might be realized through private corporations or cifu:ens participating in the watershed restoration effort, either directly through identified projects or through the independent development of complementary projects. Developing and encouraging this type of participation, as well' as explaining the benefits of the underlying program, will require extensive public outreach efforts. The estimated cost for this component is $200,000 for FY98. 567

TF.sTIMONY of Ted Strong, Executive Director Page 3 of 4 Columbia River Inter-Tribal Fash Commission

Columbia River Endangered Species Program In January 1991, at the Bureau of Indian Affairs' request, the Commission submitted an assessment of our foreseeable needs regarding outstanding hunting and fishing rights. We requested $600,000 for determining the proper allocation of the conservation burden among all sources of salmon mortality in the Columbia and Snake basins and $400,000 for implementing hatchery production reform. The majority of these funds are to be distnbuted to the tribal fishery programs, with the remainder to the.Commission for coordination and additional technical support. These programs represent on-going needs; thus far only $300,000 has been provided under the Columbia River Endangered Species Program, leaving an unmet need of $700,000. The tribes and Commission would utilize the balance of the funds consistent with both salmon restoration plans and our on-going programs.

Enforcement at 0 1n - Lieu0 Sites Under Public Law 100-581, the Congress authorized the U.S. Army Corps of Engineers to acquire and develop access sites and facilities along the Columbia River to replace usual and accustomed fishing places inundated as a result of the construction of Bonneville Dam, known as "in-lieu" sites. Once these in-lieu sites are acquired and developed by the Corps, they will be turned over to the Department of the Interior, Bureau of Indian Affairs, for administration as Treaty Fishing Access Sites. Administration of these sites will involve increased enforcement responsibilities, which is estimated at $250,000 for FY98.

Protection of Cultural Resources Under the several salmon restoration plans being reviewed for implementation in the Columbia River basin, there are several proposals that will affect river operations, ranging from reservoir pool draw downs to naturalized river flow options. Under any of these scenarios, river level elevations will decline, leading to exposure of tribal cultural sites, including tribal burial sites. Protection of these cultural and religious resources, including criminal and civil penalties, are provided pursuant to the Archaeological Resources Protection Act and the Native American Graves Protection and Repatriation Act. The additional costs associated with enforcement activities to protect these resources are estimated at $500,000.

As for the Commission's ongoing programs, the work of the Commission's staff is being undermined by the manner in which the Bureau of Indian Affairs is providing funds for the indirect costs of these programs:

o Contract Support/Indirect Costs &ch of the last three years, indirect cost reimbursement to the CRITFC bas fallen between $80,000 to $100,000 below legislated levels. We are concerned that this shortfall will continue to increase, unless Congress takes action to ensure that contract support requirements are fully financed.

Current estimates indicate the BIA will have a 10% shortfall in paying indirect costs for 1997. While a separate fund has been established to provide indirect cost reimbursements for new contracts, indirect cost funds for ongoing contracts still fall far short of program requirements. This continuing trend has serious ramifications for the Commission's operations, such as deferring computer equipment purchases, and curtailing support services needed to meet the organi7.ational mission. 568

,, TESTIMONY of Ted Strong, Executive Director Page 4 of 4 Columbia River Inter-Tribal Fish Co~ion

In addition, indirect cost shortfalls have the effect of amplifying the Commission's indirect cost rate due to the under-recovery of indirect costs. That is, the Commission operates with an indirect cost recovery deficit and must attempt to cover that deficit when applying for other federal and non-federal grants in order to have the capability to support the grant project. On the other hand, if the BIA provides full indirect cost reimbursements on BIA funds, our indirect cost rate will be dramatically reduced and we will be better able to persuade other governmental and non-governmental entities to provide program funding.

0 Pay-cost adjustments . Add $1()3,903 to provide for under-recovered pay cost and inflation for adjustments for 1992%.1993, 1994, 1995, and 1996. Direct BIA to insure that all P.L. 93-638 contracts are treated in accordance with these annual adjustments.

Several years ago the Committee directed the BIA to stop ignoring the Commission contract in making the normal annual pay cost and inflation adjustments being afforded BIA operations and other P.L. 93-638 contractors. For a number of years the BIA complied, prior to 1992. While the BIA has provided pay cost adjustments for FY97 and FY98, we would ask that the Committee direct the BIA to provide full adjustments for the.fiscal years 1992, 1993, 1994, 1995, and 1996.

Finally, only last week we received a copy of the draft "Strategic Plan to Implement Reforms Required by the American Indian Trust Fund Management Reform Act of 1994." While certain aspects of the draft plan may have merit, we are concerned that it still require considerable study. Relative to this Commission's primary mission, we are concerned about the new proposal in, the draft plan to create an independent organization - outside the Department of the Interior - to assume all trust asset management functions. How this might relate to fishery resources is unclear; in fact, there are many unanswered questions. Clearly, this proposal requires considerable review and examination by the tribes. We believe that appropriations to fund implementation of those parts of the plan that relate to removing functions from the Bureau of Indian Affairs should not be provided until the tribes have had a full opportunity to review and evaluate that plan. We expect that our member tribes will continue to review and actively participate with other tribes in evaluating this draft plan and that they will communicate with you further as this draft plan moves forward.

Mr. Chairman, in summary, .we believe that the Commission is an excellent working model of the Indian Self-Determination Act. Through a governing body of leaders from four tribes working together to protect their treaty fishing rights and a staff of biologists, hydrologists, law enforcement personnel, and other experts advising tribal policy-makers, this Commission has demonstrated that tribes are able to take the lead on natural resource issues, provided that adequate resources are available. We are asking for your continued support of our efforts. We trust the Subcommittee will take these concerns into account when considering the FY98 Bureau . of Indian Affairs budget. We are prepared to provide any additional information you may require in analyzing the BIA' s budget. 569

Colville Confederated Tribe P.O. Box 150 Nespelem, WA 99155

March 3, 1997

Mr. Chairman and Members of Congress:

My name is Joseph Pakootas, Tn"bal Chairman of the Confederated Tribes of the Colville Reservation in Washington State.

I am honored today to be given an opportunity to present and submit testimony on the President's Budget.

TRIBAL GOAL Our Tn"be has adopted a new decision-making process called Holistic Management. This process evaluates all gove~~lo~_:the resources of the Tribe in reaching a common goal,.,.,.I~~ bfsliare-·ouf goafMtb 0you. "We want to maintain and build .. .. · .. -~~-~ops,-J~i ~vereignty and

e:s;:ne rsity/uniqueness.m::J~~~:r~:;k=~ We want.to provide·._·,_. ; ,; m~t!lbployment and educatio~'.-:c. comm~ i&at-..e.dean~:.i,.sufficieitt; '.safe~- wb6lespme and . '.... :_ .... - ;;:?. I : ••• '. • :·••.....

·+'·'life ih!"~u_iw.. ~able weal~ °tro~)Jiyri,

sacrific:e ..iit~•dltl9n, ¢.µire;_1 ~d ·~will ," .. /;, volving 'tne ·111eoibei"shlp. itt: de~eioping .tMr.wmmunities;

&it:~7... ·,.-'-:·:. :•_: I·. ,•.! : • • • ~I • -: ;: .._,.~-~ti~J~e;;d ~i:1:!t~~{;:} \'~•~i~~ -~;i~ko~:~~::~~~:~-an . e.with l>lodivei::sitJ r~g~:lanl abti.ndance i;lffil~anti;7~eall air)ind.-wafer; __ sptings' and, streams that ·:m.a ~~-:-'.:; -.-> .:,::.; \/'}>. _·· ~agemeitt·~-~·nfuximize revenues and rednce expenses thr __ p. _. . cieiides ,4l_-~-ii{ a planned profit. This profit is then invested back inf6'"the-•jt#~~cfiurure resource base of the Tribe. 570

PROVIDE SERVICES FOR RURAL COMMUNITIES AND NETWORKING The Tribe recognizes that all services and activities must be reviewed to identify how they will lead us to our established goal. It has been stated that 75% of all Americans live in rural areas. We support the strategy of Congress to involve the entire local population in improving our economies by strengthening our rural community structures. This structure includes services, facilities, and infrastructure. This approach is a traditional form of management that is not new in Indian Country. We have reaffirmed these beliefs into our daily management of our governmental services as part of the Holistic Management process. Cooperative agreements with federal funds assist the Tribe in providing services without commuting off the reservation. These dollars continue to decrease and fail to meet the true needs.

STABILIZE AND MAINTAIN TPA FUNDING The funding for the Tribal Priority Allocation needs to be stabilized and maintained at levels which will allow the Tribe to convert programs to be self-sustaining. Inflation, absorbing mandated pay cost increases, and reductions in the funding levels have reduced the effective purchasing power in TPA. Additional services and increased populations to serve further impact the dollars available. The Tribe is requesting the continued support of Congress to adjust th~. dollars for the items noted above. ELIMINATE BUREAU ~=-~:::.:· 2:_:-..:..~;.~·:.:.::;: ~~-"':,= FFI The Tribe has had 1,10 :au.»ce-IRftto :~(".Cepi;; - fi ·· __ • _:cll!b~·~ding to direct servi~. Howevei;,'.·tJie'. J;i:ib_e•wo_i:~~~il-;~t!i_ '.~ _,ureaU::~N!1dian Affairs to downsize the Ctnti'fil ·omce·and uonirof these plans iiate ever been ·jJ'nplemented. Congress haiiulowed:'tlie~ement and bureaucracy:~11;1,e::(~~al•Omce to remain. JV,~:~ illatcingress n?-~-~~ec~ estali1ist1e,~f~'einp1-oyee benefits f~ exceed .. wlfat Tribes aiq. - ..~:~ui e!DJ)loyees are·~nd~~ of livin in~~,.ftnerit.~· eaclt -_'4tl_~fco'bU1b~ to the·•¾titlN s{ar

1 We1have, b.eeii' iwo~ifd (tbat~.the Office .of,Special,;Tr.'i.-d-~ -isl ~~iing-to 1,1.l, mi' -~ the;· .• ,~·ternts.. ~f,tfust'fund. .,.~-· .,- nt r· '· ilt~~-"'~I ~Btuwu, .. ·o ,1b6:.p•:" ,. 'dlpfff~ .... .· . J-1.unher~view. l'tlbe ::t:~~ri~~~,iij~,_J(,j .• ,\ .. :. c~ets-iln·•relo~~-,of iitsiae•i»imi{)lri~liuot.:~~ AttaiJ!Ho.i':ii1 -de·.· -- ' 1 maiijige'tr'tjsf~ur~C:{~;"" ef~es,_need'to ~if~~~wtiD aii.(A..,,.;;;,.,: .. J-_~ " •• ' • ' .. , ,. I ... _ tjD1 •. . .,• ,_. Ja1i susbiiiin'i"' ,1., .. TI '~"'½i' ) ,~ ~~,,__ n:sr :,:0;~7ft.. Tr;~s~\i': jjff:_.?·/,:t DEVEtO:i>ME.Nrt·;;,: ', -~!:,.\·:'.· ":/h:: 1,Jt/}\,_:•:}':,::\. , ·.• ;'~,;:-:.::~.,;it ... ,·./i.,_.;:,\ ·,·//-.1' The restrwti,oris ~hat-.h'afe ·been placed upo'li Tribes in develoj>ing':.1J1eii:.~wn~~P,'~ sufficiency"~:nof ~onsist~ W:itMl.l~-~~ as ~.-:whole. ,_~c·~ev~opm,~t continues to '·he,.,tompetitive-~.~-d.~oes'.~~-;all-1¥1,:,es ljn,~~i~~eil!--allist one another. Small ·,'.l)jbe'.veiius: Taig~ :fii;b-e;:: ~-~hfllave;j:ontipQidly placed restrictions on Tribal inc~' tb' WQvic(e)dditimiai'seni~,·-~. ~ically to maintain services. Economic 'deYcl_opme~t ineed,s to _l>e.·(uily fundedjndJ~ility studies should be promoted to assist the·'Ttih~fll:iQ,v~·.mjd,iiQmi~l,'.if~~vors that will not exhaust all their natural resources. The goaf'lif .ttie. TQ~ .is .to.:provide economic opportunities that 571

would tie band in band with traditions, life and a balance of the lands ecosystem. I recogni7.e that strong statements have been made against Indian Gaming as a form of economic development, yet gaming is legal within the boundaries of the United States. Tribes are sovereign governments similar to States. However, the Federal Government has seen to it that stringent ·requirements have been established for Tn"bes that are not comislmt with any of these other entities. Ways and means testing provides no equity between Tribes because it fails to take into consideration the land base and available ftSOUl'ffli and individual circumstances of each Tn"be. We invite any member of to visit our reservati~ to get a true perspective of economic development on Indian lands. We challenge Congress to look at the whole not individual parts as the Tribe does in its holistic planning. Congress needs to recognize the uniqueness and diversity of this nation that we are all so proud of and work hand in ~d with the Tribe to change and improve our lifestyles. This process is strengthened by the people who practice holistic management. We can succeed if given a fair opportunity to care for our land haw, people and empowerment of our communities.

NEED TO PROVIDE ADEQUATE FUNDING FOR CONTRACT SUPPORT Contract support dollars provide Tribes with the administrative support funding for all of the contract functio dget continues to project numbers · tly, the Tribe is fflBving fun · 1998 projects funding at a po(t dollars have • · ·- · . -,or compacted b.. !-,-={:-;"'~·!:::~ 572

TRIBAL FUNDING FOR WELFARE REFORM AND EDUCATIONAL NEEDS The Tribes are actively pursuing the concept of Welfare Reform. However, funding needs should be established though Indian set-aside. The States have received the benerrts for counting our numbers, yet are not providing a direct service to the Indian people of this State. Funding for welfare reform and technical assistance is necessary to provide a successful transition from Welfare into the active workforce.

Continued support of Tribal educational programs is requested which is consistent with the general trends nation-wide. This educational funding is the means to for Tribes to implement welfare reform and to further promote individual tribal member ruccesses.

FUNDING FOR HOUSING, FACILITIES. ROADS AND INFRASTRUCTURE The Tribe continues to face problems with lack of available funding for safe and affordable housing, juvenile and adult detention facilities, health clinics, tribal schools, and other government facilities. The high costs associated with maintaining roads and infrastructures further hinders the ability of Tribes to improve defunct BIA systems. Tribes are being asked to take over IHS and BIA facilities and systems, yet monies have not been made available. These sites are often already condemned buildings and the Tribe then is cited for unsanitary, unsafe__ structures which increases our insurance liability. . ..1-:;::: :·.···,:·,.. --·. '·· :. · The Roads program_ als;_·ru~,:~~ :the ,¢Qtumbi~ -Fri.i~~;; free jillill't'Jerry crossing Lake Roosevelt. This}lpet;a~~,n~ils-f!>-:l.>.e-~~ifs~~'.#s it is,~y into our roads bu~~-, ·1!'~ 1C~~ty.as the poorest 10 Wasbju~-0!1 Stat~JlS-.:th~_,_ml\)ority of these lands ;n:eJrltial:trilsf.-;-.to1ntly the !r!_be and County· do;not_-bav.~.-enough monies to adequate1y:niaintaitHb1~strroad systems of-wh~cli: in.ost< are desl~t~/i:,,-iihiti~f'. Water ,ruj(i. ~tic,facllities qekd··~oii.tfu;~~~~~en~: ~d, ~Pw.JSi~~1i::~~inntoi1ate new Mt&tg'.oiihe r~at~of· -Funds for these facilities ~o :rtot:•m~~."the·-reqeest.ed

Thbieed fqi;' :iner~,-po~~;-and_-e~ei-~eriiiy me~cal ;fb.e. past· .. ; :::rz:te::::::IiF:F~r:r:.~1 seve-~ yeat~ Tlte: '.{rtbe -~~pis: to ~ertice·~-r~9~~- ~( lth:e (1.lo~ tr1b~ and non-meQtbers) by,- ~'vidiog satini9rnim:miti~:,· The 1solailon.'o{·:qlir,.:i"eservation - ;.

~~~i~-::.~-~tf!If:tr!t·11 Maj~_r''drawdo;wns of.- - ,~,. v~tl' as ~:·~~1il!J>f;_nm,,tling ~¥enjs, has1a.:~a;for .biipact on tli~ ,tequiJ:~nt ,~~1,lf, , . ?".·: appropriate• r:~~1'1g,_fof:_ai,-&¥1.c:>gica\;"ntaii~nt of gral'es, former Indian :fiUages, ,llUiiting-.3;0!:J _f.shing areas; '· 1~ needs ~¥. be.e).- insufficiently-~ti"w,Jirectly-'fun,d~Jn ,~e{pasf.~hicti has,r.es~~d_:~--~:-1oss. to _tM Tribe :~~;~me,~~~~~:.u :::ll:.::::::;:~-identified as a ·oee1t-for. lands of-tbe:':reserv~... North.Hall;:an;d iii areas,:m which the Tribe have federally' protectM ,ii~is~-- .Tlie Resei-vatio~ 'C~$tS-c'.>f 1A;~on acres and encompasses hundreds· ijf: miles __or' riy~rs ·'!:~ch :ail require;'thill, ·p_rotectioo• .. . - . '-:-·-•-:-.! - . ___ -·,-i We appreciate the opportunity tosliare o~~e:fwiilfyou. Lem-lem. 573

TESTIMONY OF GoRDON JAMES, CHAIRMAN SKOKOMISH INDIAN TRIBE PRESENTED To THE HOUSE INTERIOR APPROPRIATIONS SUBCOMMITTEE FoRFISCAL YEAR 1998 MARCH 12, 1997

.ABSTRACT

CoNSTRUCTIVE REsoLUTION OF SKOKOMISH RrvER FISHERIES AND WATER CONFLICTS [$400,000]

The Tribe requests that Congress direct the Bureau of Indian Affairs to provide the Tribe $400,000 in FY98 for technical and legal assistance required to achieve constructive resolution of fisheries and water conflicts associated with the Cushman hydroelectric project on the Skokomish River in western Washington.

Congressional funding during the last four fiscal years for essential technical and legal assistance has allowed the Tribe to make substantial progress in developing and building consensus for a pragmatic and equitable settlement of Cushman Project related issues. Absent a negotiated settlement, a cascade of costly and divisive litigation and political conflict is imminent.

It is apparent that further conflict can be avoided and all parties' reasonable interests can be accommodated through a creative, pragmatic negotiated settlement of all Cushman Project related issues. However the window of opportunity for a settlement is rapidly narrowing. This is it-there will not be another opportunity to constructively resolve Cushman Project issues.

The Tribe asks that Congress support continued funding for necessary technical and legal assistance in this pivotal year. This will allow the Tribe to capitalize on progress to date-and on Congressman Norm Dicks' settlement initiative-to secure the enormous public benefits of a negotiated settlement. ' 574

CONSTRUCTIVE REsOLlITION OF SKOKOMISH RlvER FISHERIES AND WATER CONFLICTS [$400,000]

The Skokomish Tribe is committed to achieve a constructive, win-win settlement of Cushman hydroelectric project issues that will produce enormous public benefits and avert an imminent cascade of costly and divisive litigation and political conflict.

Congressional funding during the last four fiscal years for essential t~chnical and legal assistance has allowed the Tribe to make substantial progress in developing and building consensus for a pragmatic and equitable solution to Cushman Project-related issues.

The Tribe asks that Congress support continuation of funding in this pivotal year, so that progress achieved to date can be converted into a constructive settlement. This long and arduous process is now coming to a conclusion, aided by settlement initiatives from Congressman Norm Dicks. There will not be another opportunity to constructively resolve Cushman Project issues.

For nearly 70 years, the heretofore unlicensed Cushman hydroelectric project has diverted the North Fork Skokomish River out of its watershed. This has severely disrupted the Skokomish River watershed/ecosystem and wreaked environmental, social, economic and cultural havoc on the Skokomish Tribe and general public.

Working collaboratively with local, state and federal agencies, Skokomish Valley residents and a host of public-interest groups, the Tribe has achieved substantial consensus on a plan for future Cushman Project operation that would restore damaged salmon runs, reverse degradation of the largest estuary on Hood Canal, and reduce the Cushman Project's contribution to flooding problems on the main stem Skokomish River.

The Tribe's collaborative approach has also achieved unprecedented consensus with Mason County on a Skokomish River flood plan. The flood plan, Cushman Project plan, and South Fork forest plan are being folded together into an overall plan to reduce public costs and increase public benefits from the Skokomish River watershed.

The Federal Energy Regulatory Commission's final licensing proposal for the Cushman Project would perpetuate tens of millions of dollars in annual damages to the Tribe and general public. It would satisfy no one and set off an uncontrollable chain reaction of legal conflict and political turmoil with far reaching consequences, if allowed to stand.

The Tribe believes strongly that further conflict can be avoided and all parties' reasonable interests can be accommodated through a creative, pragmatic negotiated settlement of all Cushman Project related issues. Continued funding in FY98 will allow the Tribe to build on substantial progress to date-and on Congressman Norm Dicks' recent settlement initiative-to secure the enormous public benefits of a negotiated settlement. 575

PROPOSED BUDGET

Legal Consultants $ 90,000

Technical Consultants 300,000

Meeting & Travel Expenses 10,000

Total Costs $400,000

Technical Consultants: Negotiation and implementation of a global settlement for Cushman Project related issues by the Tribe, City of Tacoma, and Federal Government requires that the Tribe have the assistance of highly skilled, specialized professionals. Consultants will include a project manager/coordinator; planner/negotiation advisor; tribal negotiating team members; and specialized technical consultants including engineers, economists, anthropologists, biologists, geophysicists, hydrologists.

Legal Consultants: Legal advice and representation will be required to assist in finalizing a negotiated settlement of Cushman Project issues among the City of Tacoma, the Tribe and Federal Government. ·

Meeting and Travel Expenses: Cost of meeting space, meals and travel for tribal advisory committ•ee and negotiating team members. ·

40-073 97 - 19 576

LUMMI INDIAN BUSINESS COUNCIL Qulnault lndlan Nation 2111 ICWJNA ROA0. 8£1.1JNQHAM. WASHINGTON IG2I ,osTotrftCIBOXtll TAMOI..N(.WASH\NCIT'ON_,,

• Joint Testimony of the Hoopa Valley Tri.be Jamestown S'Klallam Tri.be Lummi Indian Nation Quinault Indian Nation Sac and Fox Nation :before the House Sukommittee on Appropriations for Interior and Related Agencies Hearing on FY 1998 Appropriations March 6, 1997

On behalf of the Hoopa Valley Tribe, Jamestown S'Klallam Tribe, Lummi Indian Nation, Quinault Indian Nation and Sac and Fox Nation, we appreciate the opportunity to submit the following testimony on the Bureau of Indian Affairs and Indian Health Services FY 1998 Budgets:

SUMMARY OF TESTIMONY,

1. Provide $100,000 for the Department of the Interior Self-Governance Advisory Committee,

2. Support IHS base budgets for Self-Governance Tri.bes and mandatory Congressionally approved budget increases.

3. Provide that the BIA and IHS restructuring efforts protect Self-Governance efforts.

4. Request full funding of Contract Support costs for all Tri.bes and support for fixed amount contract support agreements between BIA, IHS and Indian Tri.bes.

5. Provide continued funding of $150,000 for BIA and $150,000 for IHS to support the Self- Governance Communication and Education Project.

ltMWHI10D Old Blyo H,.i,wa,,. Sequim. W\ 913111 i,4 L~,1 Sac and Fox Nation _., ,. HOOPA VALLEY TRIBAL COUNCIL -011:-.. /1.0. la 1UI • HN,I. CA IUffl 577

Five Tribes Testimony March 6, 1997 House Hearing on Interior Appropriations Page2

NARRATIVE FOR REQUESTS,

1. Provide $100,000 for the Department of the Interior Self-Governance Advisory Committee. Both Tribes and Federal agencies have come to realize that, life restructuring of Federal Indian programs, implementation of Self-Governance must al..o be driven by coordination and open communication between Tribal leaders and Federal officials. To date, the coordination efforts to implement Self-Governance activities has primarily been limited to annual and semi-annual conferences and informal contacts with Tribal leaders. Unfortunately, difficulties have been experienced in conducting timely discussions and obtaining agreements between Tribal and Federal officials. AB a result, the delayed decision-making process has begun to obstruct implementation of Self-Governance and limited coordinatioii.'l,etween Self-Governance and Fedeml downsizing efforts.

To address these problems, both Fedeml official. and Self-Govem~nce Tribal leaders have agreed to establish a Self-Governance Advisory Committee that can meet regularly to assist in Self-Governance implementation efforts. The Advisory Committee will also provide a meaningful process to address outstanding issues and concerns between Federal and Tribal representatives in a timely and effective manner. We request that the Committee provide $100,000 in the BIA and IHS budgets to cover the expenses of the Tribal representatives to participate in the Self-Governance Advisory Committee.

2. Support IHS base budgets for Self-Governance Tri.bee and mandatory Congressionally- approved budget increases. A major goal of the Self-Governance initiative is to achieve stable base budgets for Tribes in order to maintain effective and efficient Tribal governments. Tribal stable base budgets should al..o include a proportional share of the Congressionally approved inflationary and other adjustments to the BIA and IHS budgets. We are concerned that Fedeml downsizing efforts of both the BIA and IHS may result in attempts by these ~gencies to use inflationary and other adjustments approved by Congress as a means of protecting their internal operations by redirecting these fund. away from Tribal contmcts and compacts.

Stable based budgets are one of the primary method. for Indian Tribes to achieve economic self- sufficiency and maintain professional staff.. It is important that the Congress send a clear message that both the BIA and the IHS that one of their primary goals the priority to provide Tribes with stable budgets upon which we can build strong governmental structures. Therefore, we request that the Committee include language in the BIA and the IHS budgets supporting the establishment of Tribal stable based budget and to prohibit the BIA and IHS from attempting to use Congressionally- approved inflationary and other adju~ent for their own internal purposes.

3. Provide that the BIA and IHS restructuring efforts protect and clearly idenfily Self- Governance efforts. Self-Governance has provided the Federal Government with opportunities to transfer previously administered federal programs to Indian Tribes as part of their downsizing efforts. The BIA and IHS have achieved successful downsizing efforts of FTE's which is due in part to the direct outcome of Tribes assumption of Federal responsibilities. Contrary to Law, those savings to the Federal government which resulted in the tmnsfer of responsibilities to Tribes were not passed on to the Tribes as was intended. Additionally, there are numerous documented cases where 578

Five T rilies T estim.ony March 6, 1997 House Hearing on Interior Appropriations Page3

previously Federally-designed programs, functions, services and activities have been redesigned hy T rihes under Self-Governance to achieve additional benefits for hoth Indian T rihes and Federal agencies. However, there has also been numerous indications that some Federal officials have attempted to consolidate restructuring efforts into a "one swi fits all" plan. History has clearly shown that each Tribe is unique and each program, contract and relationship must he specilically tailored hased on an individual Tribe's needs and priorities. We are concerned hy statements of some Federal officials that the Self-Governance initiative must be incorporated into other restructuring eHorts which are primarily controlled and directed hy Federal agencies. We request that the Committee provide clear legislative language that, in any restructure efforts, the BIA and IHS provide protections of the Self-Governance principle11 and to ensure that the fundamental government-to-government rel!ltionship that each Tribe has with the United States is upheld.

4.' Request full funding of Contract Support com for all T riLe. ancl support for fixed amount contract support ngreemenb between BIA, IHS ancl Indian T riLe.. For the past few years, the Committee has directed the BIA and IHS to work with T rihes to achieve stahle hudgets for T rihal Contract Support. W~ agree that 8tahle hudgets, including contract support, are critical for Trihal g~ental stahdity. We believe that the primary method to achieve thia goal is for the BIA and IHS to provide full funding of T rihal Contract Support collb.

A,, a secondary iswe, we believe that for tho,., Tribe. that are interellted in negotiating and agreeing to ·a fixed contract aupport amount, that the BIA and IHS .hould 111pport that Tribe', request. Ohviously, the inahdity to adequately predict in advance the amount of contract support fund. that are needed is the primary reuon for de&cib in the contract aupport coat hudgets. ·Tb.erefore, it certainly would be a major .tep toward 1e10lving thi.. prohlem and toward achieving the Committee'• goal of addre11ing contract 111pport funding ,hortfall. if stahle contract 111pport agreements were to be agreed to between the BIA, IHS and Trihe.. Unfortunately, even though 10me of our Tribes haw developed fixed amount contract 111pport agreemenb with either the BIA or IHS, there been some indication that 10me Federal official. may be attempting to nullify agreemenb and force T rihes hack into the deficit hudget We firmly behind our negotiated agreement& and expect the BIA and IHS to do the 1111me.

It was a difficult and contrownial to ohtain agreement& in the lint place. It would he unfortunate if a short-sighted agenda of 10me Federal official. wu allowed to undermine the few contract support 111cces1 that been achieved between Tribe. and Federal agencie11. Therefore, we that tlte Committee provide language ti.at protecb tlte fixed-amount contract support ngreemenb that exist& between Indian T rilieii and the BIA or IHS and encoura(le the to enter into qreemenb with other T rilieii.

5. Provide continued funding of $150,000 for BIA and $150,000 for IHS to support the Self- Governance Communication uul Education Project. Tb.i. project providea e11ential educational a~d information skring for all Tribe. participating in Self-Governance, new T rihes participating In Self-Governance Planning Granb, u well u for T rihes who not to participate in Self-Governance. Funding communicatiorui and information exchange between the 579

Five Tribes T estunony March 6, 1997 House HearinF( on Interior Appropriations Page4

Tribes and the BIA and IHS, provides coordination and logistical support for BIA and IHS workgroups, committees, semi-annual conferences, regional workshops, training for federal employees, and specitic Tribal requests fur information and technical assistance. The Project has played a major role in providing for greater acceptance and understanding of Self-Governance among Tribes and Federal agencies. We ask that the Committee provide language that acknowledg-e9 the need to continue funding this project at these levels for FY 1998.

In closing, we ask the Committee to give full consideration to our requests. The five T rihes represented in this written testimony have committed countless hours w promoting and enhancing the Tribal Self- Governance initiative since its inception in 1988 . because we believe in Self-Governance and Self- Determination for Indian Tribes. We seek your continued support for our efforts as well as the additional efforts put forth by many other Tribal governments that have embraced the principles and philosophy of Self- Governance and its importance towards the ~ent of Tribal governmental authorities and responsibilities.

Thank you.

L \DOC'UME!.'1\TESTIMON\STIUBES -192 580

TIIE FOLLOWING ITEMS ARE AREAS OF MAJOR CONCERN FOR TIIE YAKAMA INDIAN NATION

Policy Concerns:

1. Mr. Chairman, our Tribe recently received a copy of the .draft "Strategic Plan to Implement the Reforms Required by the American Indian Trust Fund Management Reform Act of 1994". While certain aspects of the plan have merit, we are concerned that other aspects need considerable study. This eroding of the bureau budget and the parceling out of BIA programs continues to reduce funds available for the Tribes. The basic needs of the Tribe should have more stability in the budget process. This proposed movement of Trust Resource programs and the requested · increase of funds for the Office of Self-Governance (discussed below) are just two examples of funds being diverted from tribal governments. The most significant new item proposed in the "draft" strategic plan is the creation of an independent organization, outside the Department of Interior, which would assume all trust asset and trust resource management functions. This proposal needs considerable r~view and examination. In that regard, we strongly urge restraint in any appropriations actions which would implement any portion of the proposal as it relates to removal of further functions from the Bureau of Indian Affairs. We expect to continue our review and actively participate with other Tribes in evaluating the plan. As you know, plans for Indian Country in the past have not worked well when they don't have the full participation of the Tribes in their development. We will expect to communicate further with your Committee as the process moves along.

The Office of the Special Trustee has proceeded with minimal input from Tribal governments. Meetings with representatives of that office have really served only to deliver dictums or present Tribes with changes which have already been implemented. There has been no "Tribal Input" per se. The "Strategic Plan" which is to be presented to Congress in April, was not distributed to Tribal governments in a timely manner and caught most Tribes by surprise. Much of the plan involves improvements to the Trust Fund accounting system. After the reconciliation which was also completed recently, there is little doubt that many of the measures related to the trust assets are needed. However, the plan also includes much more far reaching aspects that go well beyond the intended scope of the enabling legislation and would potentially dismember parts of the BIA which are arguably working well. In particular we are concerned about the transfer of resource management responsibilities out of the BIA These issues fundamentally affect the status of the treaties between the Federal Government and Tribal Governments and need to be reviewed and discussed in depth. The Yakama Nation considers it critical that Tribes be given another year to study both phases of the Strategic Plan. The Yakama Nation further insists that changes of the magnitude contemplated by the Office of the Special Trustee can only be negotiated on a government-to-government basis and it is not at all clear how the Office of Special Trustee fits into that scenario. This plan does not insure that PL 93-638 (the Indian Self-Determination Act) will apply to the Office of Special Trustee.

We believe the joint Department of Interior/fribal task force plan should be given preferential consideration over the "Draft Strategic Plan". · 2. The funding of an Office of Self-Governance is another examplerf funds moving from BIA's 581

basic funds to operate a program for Tribes who have chosen to eliminate as much federal control as possible. The intent of Self-Governance was to reduce the federal presence in the Tribe's operation. Why create another bureaucracy to do what those Tribes were asking to be removed from. Initially the Self-Governance Office was for compact monitoring only. Is that still the purpose or has it grown larger? The Office of Self-Governance should not be requesting additional funds for operation of inherent federal functions, nor performing those duties that require federal presence. Those funds and fu~ctions should remain in the Area and Central Offices. To fund another office to perform those duties takes money from the Area budget to fund a duplicate office, which leaves less money for those Tribes that do not choose to go Self-Governance. ·

3. We are also quite concerned about the totally unrealistic budget being sought by the BIA for the processing of Indian probate matters. The BIA acknowledges that they have a total backlog of approximately 3,300 cases, and they estimate that another 500 new probate cases will need to be processed in FY 98. Of this backlog, the BIA estimates that more than 1,624 of the cases were filed before FY 91. The processing of these probate cases is a part of the core trust responsibility of the United States. We are suffering greatly because of the BIA's inability to deal with this problem. Trust land is basically being locked up for years until a person's estate can be probated. Which among other things means that leases can not be renewed and homes cannot be built. Despite the enormity of this problem the BIA is only requesting funding to enable them to process these backlogged claims. At this level of funding, the program is only expected to process 500 of the backlogged claims, leaving well over a thousand pre-FY 1991 cases untouched. This is unacceptable, the Congress must further ensure that the BIA has enough FfEs to handle this very important work .

. Specific Funding Items:

1. Repair of the Wapato Irrigation Project (WIP) facilities - Request $6,500,000. The Wapato Irrigation Project is the largest irrigation project on the Yakima River and is the largest operated by the Bureau of Indian Affairs (BIA). WIP serves tribal and non-tribal agricultural interests and provides critical additional electrical power for use in the Northwest. WIP's ability to continue in both of these functions is jeopardized by failure to hind needed repairs. The passage of time since we first brought this request to Congress and the extreme weather conditions over the last several years have degraded the system even further. Attention to this matter is urgent. These funds are required to repair damage and to comply with safety requirements. We request that these funds be specifically designated as non-reimbursable.

2. Restoration of O & M Fees - Request $300,000. The BIA has not paid Operation and Maintenance fees for approximately 17,000 acres of idle trust lands since 1982. Absent these funds, the Project will continue to operate in the red and experience annual fiscal crises. The BIA owes $6,000,000 in back O & M Fees. We request that these funds also be specifically designated as non-reimbursable.

3. Self-Determination Contract Support - Request $600,000. The BIA and INS have historically negotiated indirect cost rates with the Indian Tribes which assume program functions under the Indian Self-Determination Act. Unfortunately, Tribes ~ve always been short changed by other 582

federal agencies outside of the BIA and state agencies in general in this regard. Presently, the BIA is presently only funded at 90% of these costs and is not expected to improve in the near future. The short fall is a guaranteed out-of-pocket cost to the Yakama Nation of $600,000 in FY 1997 which we will incur performing functions for and on behalf of the United States.

4. Forest Development Fees - Request $600,000. In order to continue the sound forest management practices while at the same time protect!ng the welfare of our People, we ask continued funding for the Forest Development Program at the previous year's level of $600,000. The Yakama forest is very complex. We have identified 200,000 acres in need of forest development treatment. This need has been acknowledged by the Bureau of Indian Affairs Central Forest Office. Additionally the General Accounting Office issued a report stating that the Yakama Nation was not able to accomplish the regular forest development work even when approximately one-half of the projects were paid for with Tribal funds (GAO/RCED-91-53, March 91). It is the policy of the Yakama Nation to balance the economic well being of the Yakama People with the management of our forests. We stress and employ selective harvest, uneven-aged-management techniques and refrain from clear cutting. We fully realize that uneven-aged management is much more labor intensive than standard clear-cut methodologies. However, ·we feel that this is the correct approach. to forest management. We are now more committed than ever to balancing our traditional values with economic necessity.

5. Continued Development of the Water Resources Management Plan - Request $350,000. The Yakama Nation Water Resources Management Program was initiated to ensure that the United States Government fulfills its trust responsibility regarding the water resources of the Y akama Indian Nation.

6. Fish and Wildlife Resource Management - Request $546,000. The salmon runs in the Columbia River Basin have dwindled from 12-15 million fish to less than a million. The cumulative effects of hydroelectric power development, irrigation withdrawals, urbanization, poor logging practices, overgrazing, and exploitative commercial ocean harvesting have all contributed to the destruction of the salmon and their habitat. In an effort to reverse this trend, the Yakama Indian Nation along with the three other tribes of the Columbia River Inter-Tribal Fish Commission completed a Watershed Restoration Plan in FY 96. This plan requires the Yakama Nation to work as a proactive co-manager with the many relevant county, state, and federal agencies and newly forming watershed councils in the Columbia Basin. Without this funding the Yakama Nation will not be able to participate fully in the development of management programs and implementation of our Tribal Restoration Plan.

7. Educational Needs - Request $800,000. This money will be utilized by the Indian Schools Equalization Program (ISEP) and Johnson-O'Malley (JOM). These programs help put tribal school teachers on an equal footing with teachers in public schools and allow increased participation of parents in the education process. Money spent in education for the tribe now will ultimately save money in social services later. The tribe cannot prepare for the future adequately without this money. The Johnson-O'Malley/fitle IX Supplemental Education programs and the Impact Aid Program (basic education) is an integral part of the education process which allows Indian parents to be involved in their children's education which Yakama Nation's JOM/fitle IX/Impact Aid program operates. Over the years ·many Indian students have benefited 583

academically, culturally and socially. Because of funding cuts and a 33% increase in student enrollment in 1996, service was inadequate. As an example, Wapato Junior High School's 1973 enrollment was 70 Indian students; in 1996 there were 231 Indian students for a 144% increase. However, the funding over that period only increased by 18%. We need $200 per student to serve seventeen JOM programs. Beginning in FY 1998, we will be serving an additional five programs. Funding requested for FYI 998 for 3,313 students - FY 1995 rate of $132.10 per student - $534,327; 2,704 students at $200.00 per student $540,800; Staff and program expenditures $38,031 -Total $1,133,178. To function properly, we need to have the funding and student count caps, which have been imposed on the Yakama Nation and all Jobnson-O'Malley programs in the United States, lifted so that funding and student counts reflect actual need.

8. Economic Development - Authorization only, no additional funds requested. The Yakama Nation has used to good advantage both the Loan Guarantee Program and the Indian Business Development Program under the Business Finance Act. We could make better use of the program if the ceiling on loan guarantees were raised and the Indian Development Program were reactivated. Raising the Loan Guarantee Program above the current $34,613 and reinstating the IBDP at over $230,000 per Tribe will contribute to our entrepreneurial development and economic programs.

9. Contract Health Services - Request of $4,160,000 for IRS Contract Health Services budget. The purpose of Contract Health services is to provide funding for care which patients receive from non-IllS facilities in circumstances when the care is·not available at an IRS facility. Contract Health Services is responsible for payment of medical or dental services provided by private and public hospitals and practitioners. If they are not paid, they will refuse to serve Indian people who will have no where to go. Contract Health Services receives $3,213,264 for' patient care each fiscal year with no adjustments for increases in population and inflation. Increasing numbers of eligible patients continue to require medical and dental services. Health care costs are constantly increasing and alternate sources of payment are decreasing. The present budget of$3,213,264 is expended at an average rate of $80,000 per week. At that rate, funding only covers 75% of the year. If the situations continues, Contract Health Services will not be able to provide assistance to eligible patients for the last three months of the fiscal year.

10. Law and Justice Facility Request $20,000,000. The Yakama Nation operates a police department . and Tribal Court system. These are key elements of our Tribal government structure and the needed infrastructure has never been funded. The Yakama Indian Nation is currently performing a validation and needs assessment study to construct a comprehensive Law and Justice Center. Our most critical area lies within the jail system, which is below safety standards. The structure will house the following programs; Jail, both Juvenile and Adult, Public Safety, Administration, Tribal Courts-Child, Juvenile and Adult, Tribal Prosecutor, Public Defender and Counselors. The Tribe has renovated the existing structures out of its own funds but an adequate building would cost $20,000,000 ·and is beyond our capabilities. With the emphasis that anti-crime measures are getting, it is important not to exclude Indian Tribes from such programs.

11. Cost of Living Allowance - Request$ 1,140,000. All programs will have a 4% cost of living adjustments over FY 1997. P.O.BOX966 NOME, ALASKA 99762 (907) 443-3311 HEALTH CORPORATION

Statement of Larry Ivanoff, Chairman, Board of Directors NORTON SOUND HEAL1H CORPORATION on the FY 1998 Indian Health Service Budget

Submitted to the HOUSE APPROPRIATIONS SUBCOMMI'ITEE ON INTERIOR AND RELATED AGENCIES

March 20, 1997

The Norton Sound Health Corporation ("NSHC") is the sole provider of health care services to more than 6,000 Native and 2,100 non-Native residents of the Bering Straits Region in northwest Alaska. NSHC, headquartered in Nome, is the only source of health care, excluding one private dental practice, in a region which encompasses more than 26,000 square miles. NSHC serves and is controlled by 20 Native villages within the Bering Straits Region. We provide a wide array of health care services, from preventive services such as health care education, substance abuse counseling, and public health nursing to the operation of an intermediate care nursing facility and the Norton Sound Regional Hospital. Our member villages are proud of the job done by Norton Sound Health Corporation.

NSHC Priority Bud,i;et Items Focusing specifically on IHS budget items which are of highest priority in our region (as well as to other regions within Alaska) we respectfully ask the Subcommittee to:

assist NSHC to construct a hospital outside of the normal IHS process by compensating for use of contractor-owned space;

provide appropriations to fully fund mandatory cost increases;

fully fund contract support costs;

provide $90 million for the IHS Sanitation Facilities Account;

provide $5 million in recurring funds for patient travel costs;

"Serving the communities of. Brevig Mission, Council, Diomede, Elim, d,;,,,bell, Golovin, Koyuk, Name, St. Michael, Savoonga, Shaktoolik, Shishmaref, Ste]?blns, Teller, Unalakleet, Wales, White Mountain." 585

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fund the Alaska Community.Health Aide Program (CHAP) at the Administration's requested level of $43.9 million; and

• . increase authority and funding for the Alaska Area Office so that 10 additional leases may be funded under the clinic-built village leasing program and provide additional funds for. improving existing clinics;

reinstate the statutory prohibition against charging a co-payment to IHS beneficiaries or to means testing.

Norton Sound Rggional Hospital One of NSHC's greatest needs remains the replacement or renovation_ of the severely overcrowded Nor.ton Sound Regional Hospital. Originally constructed in 1948 and since expanded, the hospital is filled with code violations and safety deficiencies which include uns_afe wiring and pl~bing, inadequate ventilation, and structural problems due to foundation movement. Although our application for a n_ew hospital is now OI),e of a small number of applications nationwide that has made it to Phase m of the IHS Health Facilities Construction Priority System, it appears that IHS construction funding will not be forthcoming for a very long time. As an alternative, NSHC has been exploring the option of borrowing the necessary funds from private sectqr sources. In order to do this, however, we must be assured of sµible IHS funding for lease of the space to deliver health services.

The Indian Self-Determination Act, as amended, was .intendec;l to provide for this situation by requiring IHS, at the request of a tribe, to lease tribally-owned facilities that are used for the delivery of health care services. We have been· prohibited from obtaining financing in this way, however, by an Office of Management and Budget policy whi,ch requires the entire cost of a long-term lease to be scored in the first year. This policy makes it cost prohibitive for IHS to lease space. We look forward to continue working with the subcommittee to find a sensible way to achieve this goal.

Fully fund Mandatm;y Cost Increases The NSHC requests the subcommittee. to fully fund all m~datory cost increases incurred by the IHS and tribal health care providers, including medical inflation, mandatory ·pay increas~, and population , growth. The_ FY 1997 funding h!vel for IHS included a less than one percent increase for. inflation and no adjustment for popul1;1,tio:r,,. gr<;>,wth. This resulted in IfIS and. tribal health programs absorbing over 50 percent .of the mandatory cost increases in FY 1997. Without an additional increase in funding for FY 1998, IHS and tribal health programs will be required to absorb 90 percent or $80 million in mandatory cost increases. In light of tp.e hardships already imposed upon the IHS and tribes, NS~C str_ongly supports full funding of mandatory cost increases.

Address Conti-act SuJ!port Costs Shortfalls. Contract Support Costs ("CSCs") is an ar~a of the IHS budget that is continuously un~erfurided. While we are pleased that the Administration has requested a $12 million increase in FY 1998 over the FY 586

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1997 level, it still is not sufficient to cover anticipated shortfalls in funding for CSCs. If the $12 million request were to be fully funded, it is estimated by IlIS that there would still be a shortfall of $39 million for the Indian Self-Determination Fund ("ISO") alone. The ISO fund is for new contracting/compacting tribes or tribes assuming new or additional responsibilities under a contract or annual funding agreement. The ISO fund is not available to cover anticipated shortfalls in CSCs for tribes and tribal organizations, such as NSHC, which are already participating in the program. The National Indian Health Board estimates the unmet need for contract support for existing contracts is $12 million and the projected need for new contracts is $60 million.

We urge the Subcommittee to work with the Department of Health and Human Services to assure that sufficient funds for CSCs are included in the FY 1988 budget and that the legal obligation to provide CSCs under section 106(a)(2) of the Indian Self-Determination Act is fulfilled. In addition, we urge that reporting requirements be changed so that the IlIS is required to provide the Congress with information on every contract or compact which is in the negotiation process, and which will require funding from the contract support fund. Presently, the IlIS is only required to report a shortage of C~ funding for the current and previous year.

Sanitation Facilities. Much of rural Alaska lives without an adequate supply ·of safe drinking water and without essential sanitation facilities. The unmet need in Alaska, alone, is $1 billion. We appreciate, therefore, efforts by the Congress and the Administration to address these critical needs in a systematic way. The Administration's FY 1998 request for construction of sanitation facilities nationwide reflects a $2.2 million increase over the·FY 1997 level of $87.9 million. While this amount is commendable, the IlIS has estimated in its 10-year plan that annual appropriations of $146.5 million would be required by the year 2000 to serve existing Indian homes'. (The Indian Health Care Amendments of 1998 required IlIS to prepare the 10-year plan to assess sanitation facility deficiencies and to report annually to Congress on the inventory of deficiencies.)

Even with full funding of the 10-year plan, however, Alaska would still be seriously deficient in sanitation facilities. This is because calculations of need for the 10-year plan only include the estimated cost of so-called "economically feasible" projects. It does not take into account the needs of a number of Alaska villages where geologic and climatic conditions make such projects "not economically feasible". Therefore, even with full funding of the 10-year plan, a number of remote villages in the NSHC's service region, as well as other parts of Alaska, would continue to have inadequate sanitation facilities.

Patient TrayeJ A spetjal concern for Norton Sound, and rural Alaska, generally, is the cost of patient travel and we fully support the Alaska Native Health · Board's request for a separate appropriation of $5 million for patient travel costs. NSHC is the sole health care provider for an area the size of West Virginia. In past years, patient travel has been seriously underfunded. As a result, many patients forego or postpone care for an easily treatable condition that then becomes a full- 587

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blown emergency. Thus, underfunding patient travel in FY 1998 will actually cost more in the long run. It also forces NSHC to choose between funding patient travel, an absolute necessity for providing access to health services in Alaska, and paying for actual patient care. This patient travel cost request does not include other costs that Norton Sound incurs to transport patients to needed health services. In many cases, NSHC must also pay to transport patients to airports . located a mile or more from a village and to have pilots under contract for stand-by service for medivacs during evening hours.

The Community Health Aide PrqRJi1ID. We urge the Subcommittee to fund the Community Health Aide Program ("CHAP") at its existing level of $43.9 million. We also wish to express our appreciation for last year's funding of $500,000 to address the need for updating the Community Health Aide/Practitioners Manual.

Village-built clinics and Multi-purpose facilities NSHC strongly urges that the leasing authority of the Alaska Area Native Health Service ("AANHS") under the Village Built Clinic leasing program be increased from the current level of 170 to 180, and that a commensurate increase in funding be appropriated for the ten additional leases. According to the AANHS, it has already funded 169 out of the 170 leases it is authorized to fund and the remaining lease will go to Savoonga within the NSHC service area.

We would also like to request additional funds for making upgrades, modifications and additions to existing village-built clinics. These much-needed improvements, which could be funded through a new program similar to the Maintenance and Improvements (M&I)· Program, are above and beyond the realm of the current program. Most of the clinic facilities in our region were built 20 plus years ago and the village populations have simply outgrown them.

Renew the statutocy prohibition on cbarain1 a co-payment to JBS beneficiaries The NSHC urges Congress to reinstate appropriations language which would prohibit the Indian Health Service from establishing means-testing for IHS beneficiaries, or charging a co-payment fee for any IHS program or service. The provision of Indian health care is one of several responsibilities the United States took on in return for. land and other resources reli,nquished by tribes. We believe that this responsibility should not. be diminished and respectfully request that the statutory prohibition language which was removed from the FY 1997 appropriations bill be reinstated.

We are grateful for this Subcommittee's attention to matters affecting the health of Alaska Natives. We appreciate ·the opportunity to voice our concerns in connection with the proposed IHS budget for FY 1988 and would be happy to . provide any additional information of interest to the Subcommittee. 588

Statement of THE HONORABLE JACK BOOTII, MAYOR METLAKATIA INDIAN COMMUNITY on the FY1998 BIA and IHS Budgets

Submitted to the HOUSE INTERIOR APPROPRIATIONS SUBCOMMITTEE March 20, 1997

The Metlakatla Indian Community, Annette Island Reserve, provides this statement on the FY1998 budget requests for the Bureau of Indian Affairs and the Indian Health Service. The Council is the federally-recognized governing body of Metlakatla Indian Community, Annette Island Reserve, the only existing statutory Indian reservation in Alaska. The Community population is over 1,500 and has a land base of 87,000 acres in southeast Alaska. The economic base of the community is based on timber and fishing industries, which provide seasonal employment. The Community administers BIA and IHS programs on the reservation under contracts pursuant to the Indian Self- Determination and Education Assistance Act.

SUMMARY OF RECOMMENDATIONS

Special allocation for Walden Point Road project Increase funding for Tribal Priorities Allocation account Funding for construction of Metlakatla clinic

BIA FY1998 Budget

The Community's concerns and comments specific to the Bureau of Indian Affairs budget are as follows.

Walden Point Road Project. Since 1995, the Metlakatla Community has been actively pursuing the construction of a 13 mile road and three mile shuttle ferry connection which will provide, for the first time, a_safe, affordable 589

Statement of Metlakatla Indian Community March 20, 1997 Page2 means by which our people can access services and business opportunities in Ketchikan. Presently, our transportation links off the Annette Islands Reserve are either a commercial air transportation service or the Alaska Marine Highway System feny service. The air service is not only expensive but subject to/limited by the weather and daylight. The feny service makes one or two stops per week most of the year, with more stops scheduled during the summer months.

We are proud to report that we are in the final stages of negotiating a Memorandum of Agreement with the Department of Defense (who will do the actual construction under the DOD's Civil-Militaiy Innovative Readiness Training Program), Federal Highway Administration (the project designer), Alaska Department of Transportation and Public Facilities (charged with addressing the environmental and permitting requirements) and the Bureau of Indian Affairs 0ead agency for the environmental process). Other cooperating agencies include the Corps of Engineers and the Environmental Protection Agency.

While much of the costs for this project is being assumed by non-Interior agencies, the DOD is prohibited from purchasing the construction materials, which is estimated to reach $10 million for the entire project. We have sought alternative sources to fund the materials component, including the Bureau -- who advised us to seek a specified appropriation of $2 million per year for the five-year period the project is expected to be completed. We have been informed that the necessary funding should come from either the State of Alaska or the Bureau. Both of these entitles, however, have already stated that they do not have $2 million available to transfer to this project from the funding they receive under the Federal Highway Trust Fund. Pending finalization of the MOU, all participants are ready to initiate the processes which will lead to the actual construction phase beginning May 1998.

Recommendation: We urge that Congress authorize a line item within the FY 1998 Bureau of Indian Affairs budget in the amount of $2 million for the Walden Point Road Project construction materials.

Tribal Priority Allocation. The Metlakatla Community is encouraged by the Administration's request for a general increase of $46. 7 million to the Tribal Priorities Allocation ("TPA") account. Within the TPA allocation are Wildlife and Parks funds which the Community utilizes for fisheries enforcement activities. The present level of funding has limited us to just one enforcement officer. The fisheries industry, however, has developed into a major economic development and employment source for the Community. With the sea cucumber and sea urchin fisheries coming on line, our enforcement activities have increased as there are now overlapping seasons, an increased number of vessels in the waterways, and an expanded area to be covered. You can see that one pe~n cannot adequately patrol and enforce compliance with the codes that the Metlakatla _have established for the fisheries. · 590

Statement of Metlakatla Indian Community March 20, 1997 Page3 With each fiscal year, more and more inadequately funded programs are being transferred to TPA. Additionally, tribes are expected to adjust their TPA funds to cover any shortfalls in these programs, including Contract Support. Without a significant increase in the TPA allocation, the Community will not be able to adequately protect its resources in the waterways surrounding the 87,000 acre island occupied by the Metlakatla.

Recommendation: The Community requests that Congress provide, at a minimum, the $46. 7 million general increase to the Tribal Priority Allocations account.

IHS FY1998 Budget

Metlakatla Health Center. The Metlakatla Indian Community has been pursuing for several years funds for the replacement of the current facilities. At present, our clinic services are housed in four modular buildings built in the mid-1970's. These facilities are set on pilings and connected by open, elevated, wooden walkways. Over time these buildings have settl~d unevenly, posing an unsafe environment for those seeking health services (about 28,000 visits per year) as well as staff. In addition, we face overcrowding and utility systems which are inadequate to support the modernization or updating of medical equipment.

The Community's program justification document (PJD) for construction of a replacement health center was approved by IHS and included in the IHS Health Care Facilities Construction priority list for design and construction funding in FY 1997. According to the FY 1997 projections, we were to receive project design funds (estimated at $1.3 million in 1995) in FY1999 (January, 1998) and the design phase would be completed in late 1999. We were disappointed to see in the FY 1998 budget justification that the IHS projections now show we will not receive a design award until 2001 (FY 2002) even though our priority ranking at number 8 has not changed.

Please understand, the Community is in desperate need of this facility nowl We recently received from IHS the report on a comprehensive inspection of our current facilities. The total cost for repairs necessary to achieve compliance with current fire, mechanical, electrical and life-safety codes, as well as the Uniform Building Code and the Americans with Disabilities Act guidelines is almost $1 million dollars -- almost the same amount needed to complete the project design. As this Subcommittee is well aware, the IHS Maintenance and Improvement funds has never been adequate to addre~s the level of need. The budget justification states that in the first quarter of FY 1996, the IHS Backlog of Essential Maintenance and Repair was estimated to be $188 million. Yet the Administration's request for this account is the same as the FY 1997 appropriation ($39.3 million). This is in spite of the fact that the agency expects the need to increase as a result of "the addition of numerous tribal facilities, new seismic and security requirements, and 591

Statement of Metlakatla Indian Community March 20, 1997 Page4 environmental projects generated by the on-going environmental assessment program, ..." (page IHF-12)

We realize it will be virtually impossible to obtain adequate funding through the Maintenance and Improvement account to address the life-safety and other code deficiencies cited at our existing facility if funding remains at the totally inadequate level proposed. We also fear that without a signtflcant increase to the Health Care Facilities Construction account, we will be no closer than we are this year to obtaining project design funds.

Recommendation: We urge that Congress fund the IHS Facilities Construction account at a level wWch would fund the projects on the IHS Construction priority list, providing for the Metlakatla project in FY 1998 at least the funds estimated by IHS to complete the design of the project ($ 1.3 million). We also recommend that Congress provide a general increase for Maintenance and Improvement to address a greater percentage of the backlog.

Indian Self Determination Fund (Contract Support Costs). We note that the $12 million requested for contract support costs on new or expanded health programs operated by tribes under the Indian Self-Determination Act leaves a $39 million deficit in the Indian Self Determination Fund, including $107,588 to cover the overhead costs of our "638" health program based on it's FY 1997 expansion. When IHS funds are not provided for a new and expanded IHS contracts and compacts, funds intended for health services are reduced by the need to cover overhead costs. We urge Congress to fund the full amount of ISDF need identlfied by the Indian Health Service.

On behalf of the Metlakatla lndjan Community, thank you for the opportunity to provide our views to the Committee on the Indian Health Service and Bureau of Indian Affairs budgets for Fiscal Year 1998. 592

-Aleutian & Pribilof Island& Restitution Trust Trustees::

Mike Zocharof, Chcirmcrl Boris Mercullef. Vice Chalrmoo Zenia Borenln. Secretary /Tr80Sl.ler ,, Va Dushkin. Trustee March 7, 1997. MAR13m7 Greg Golodoff, Trustee Harlet Hope, Trustee Lawrence Prokopeuff, Trustee

The Honorable Ralph Regula, Chairman Sub-Committee on Interior Appropriations. B-308 Rayburn ~uilding Washington, D...C. 20'51'5

Dear Congressman Regulas:

T~e Aleutian & Prib~lof Islandp Restitution Trust ~as 1 established by an Act of Congress (P.L. 100-383). in August, 1988. Among other things·, its mission was to restore six , Aleut chur~hes _which had been destroyed· or damaged by the U.S. Navy during World War II. , Funding allocated to repair 1 six churches was- $1. 4 million. ' ' ,, !~-the.years since 1988, it became clear that the $1.',i million appropriated would be inadequate to complete the work that was envisioned in P.L. 100-383. Senator Ted Stevens, along with Senator Frank Murkowski and 1 Congressman Don ·,Young were successful in obtainip.g passage of P. L. 103- 402 whiqh increased th~ authorization for church repairs · 'fr~ $~-~ to $4. 7 million. · · · ,. BACltGRoUND INFORMATION

Foll

BUDGET .;JUST~FICAMON , · 1 •'7 f \\ I & Enclosure #1 entit~ed: BUDGET JUSTIFICATION, THE 'ALEUTIAN \. ,' PRIBILOF ISLANDS RESTITUTl,ON TRUST, .!dentifies the 1projected costs for comp~eting ~he five r~maining c~urches. The, Congressman Ralph Regula . / . , '•' ( 1 \ I , . '· , // I , I ./ ' ' -· ., ,

1 I ·, t604 HI~: Anchorage. AJciska 99518 1' (907) 349-42.50 (Office) (907) 349'-9630 (F6x} ' ' I / J ' ., . I . f _1 Ir , I I (( ,' '. i / 593

Congressman Ralph Regula ~arch 7, 1997 ' Page 2

,,_ )f ) I \ ! \ five remaining churches. The res,t9rat"t'o?' work, planned for each. church is discuss!j!d iµ Enclosure' #I. 1 ' Since commencing the restoration-s, we pawe discovered tha1r r ,· the structures have deteriorated much more 't¥at was , , estimated in 1992. As•a 'result, in spite· of'the·fact 1that all of our church construction has be.en accomplis'hed on,:,tirile. and within our architect's budget, )We have been,,unabl1e to any significant restoration. All we have been able to qo is, stabilize the church structures. , Instead of fixin-g1 them, we1 ., have been limited to stopping fu~ther deterioration only. I/:

I When Congress pap~ed P.L, 100-383, iJirecognized the wrongs, that ~ad been i,mp~sed on the Aleut people when,they'were forced to apandon' their villages during World War· II. 1 During this tumu;,tuous chap't~er of American history, our If people were subjected to sub-human living condltions in Southeastern Alaska, and.forced to' leave our1villages with little more than·the clothing on, our.b~ck~.- Many died d~ring our' internment.' our ch~rches we~e used for.target II ·p~actice., or burned to ,the ground as in ''th~ case of Atka. , I The Trust has done its, best to. make the! ~r'i1ginal \ , ,I- ap~ropriation go ~s far as.possible. But the truth ·is~~hat $1. 4 million simply cann,ot acc~mpl,ish the work that is. · required to-· save these magnifi,cent historical' and.,. spiritually' significant str-ucture~. funp.s :have be'en 1 : - 1 authorized since 1994. The Trust respecifully requests you,r

assistance in getting0 the $3.3 million appropri~tion , included in,the FY 98 budget. , 1 ) \. I OUlj Trust Administrator,-' Sherry Valentilne, is ~~~ilable to, provide aqditional informatio~ and support documentation if require.ct by ,your committee. :The Trustees, and our 1 const-ituents, appr~ciate your s_uppott. 1 . I -/ '- I I I <- ' Mike Zach'a.f{t, ,Cha1rinan . . ~~·~*-,'Board of Trustees · , , .· E~c'losure 594

ENCLOSURE #1

BUDGET JUSTIFICATION

THE ALEUTIAN & PRIBILOF ISLANDS RESTITUTION TRUST

Th~ Trust envisions completing restoration activity over a two-year period once funding is received. These figures include construction costs associated with meeting the requirements of the American Disabilities Act. The· church repairs to be undertaken are as follows: ·

Structural: Foundation, exterior envelope (walls, roof repair o.r replacement, windows, insulation, siding, exterior doors), stairs/steps, etc.

Electrical: Replacement of outdated and dangerous electrical wiring and electrical systems, in"cluding rewiring, repair/replacement of fixtures. · I Machanical: Heating, ventilation, security and fire protection systems.

Interior: Wall repair/rpp~acement, molding, flooring and paint.

Site Preparation: Preparing the site for construction activity to access the foundation, etc. Prepare for accessibility.

' 1998 CONSTRUCTION "CYCLE

St. Georae Island: Complete restoration activity on the Church of St. George the Victori?us that was begun in _1997: Structural $175,590 Electrical 11,706 Mechanical 111,207 Interior 87,795 Total: $386,298 595

Akutan: Complete restoration aotivlty,on the Chapel of St. AlexLider. Nevsky:

Structural. $15.7,074 Electrical 58; 7'06 '1 - Mechanicii.l 90,296 Interror _ 99,684 , Site Preparation 62,480 Toual: $468,240 I f-. N!kol.ki: Complete restoration' activi~y on the Church of st. Nicholas: ·

Strui:tural $306,13154 --Electrical 1 . 72,605 Mechanical \ , '125,972 I Interio~ , 165,498 Site Preparation 55,343 Total: , I $725,772.

'•·~ 'REQUESTED FUNDS FOR ·nr98: $1,~BQ,310

\ , . '< ·-1999 CONSTRUCTtON· CYCLE

-.{: \ St. Paul Complete restoratiop activity on the Church of Saints Pet~r and 'Paulr-,-~n the _,Pribilot Islands: Structural $511,797' I Electrical - I' 91,904 Mechanical _ ' 171,303 Interior 164/7_64 Site Prepciration 55,343 Total: '. .· · $983,304/

\ \ t I ~/ • ·Unalulca': Complete restoration_activity on.the Holy' 1Asce~sionrCathedral that was be~ in 1995: \ 1 Structural.' $1'7,259 Me~hanical 4791"946 Site Preparation 117,436 .._ Total: $614,641

- TOTAL REQUESTED pYND8 FOR Fl'. 99: $1,597,9~5

r '- • ~\ , • - IIEQOESTED F1: 9_8/F'l 99 .3>178,255 596

FY 98 APPROPRIATION REQUEST BYTHE NATIVE VILLAGE OF TATITLEK FOR ITS MARICULTURE ECONOMIC DEVELOPMENT PROGRAM

Submitted by: Tatitlek IRA Council P.O. Box 171 Tatitlek, Alaska 99677

telephone (907) 325-2311 fax (907) 325-2298

February,19~7 597

FY 98 Appropriation Request Native Village of Tatitlek

SUMMARY

Complete Mariculture Install sewer, water, mechanical; purchase and $195,000 Processing Building install processing equipment • Enable village mariculture development project to become self sufficient. • Preserve 10 village jobs. • Reduce cost of living in village. • $800,000 already invested.

APPROPRIATION REQUESTED FROM BUREAU OF INDIAN AFFAIRS Fish, Wildlife and Parks Program

Submitted by Gary Kompkoff, President Tatitlek IRA Council P.O. Box 171 Tatitlek, Alaska 99677 907/325-2311 • Fax 907/325-2298

page 1 598

INTRODUCTION The Native village of Tatitlek, located in northeast Prince William Sound, lies with 1½ miles of where the supertanker Exxon Valdez went on the rocks and spilled over 11 million gallons of crude oil. Although the currents carried the oil away from the village, the oil spill severely impacted Tatitlek nonetheless. A large portion of the local marine resources that the village depended upon were injured or destroyed by the spill depriving many villagers of their livelihood. Although the village is part of the legal suit for damages caused by the spill, it will likely be years before any restitution is made.. In the meantime the villagers had to find other ways to make a living.

A review of potential economic development projects that would work for the village brought up bivalve shellfish mariculture as a possibility. Shellfish mariculture looked attractive for several reasons. It would build on skills many of the villagers already possessed from living and working on the water. It could be conducted close to the village so the _villagers wouldn't have to leave home to get work. In addition to producing a commercial product, shellfish mariculture could be used to replace lost subsistence opportunities due to the oil spill. Finally, the hanging culture methods that would be used meant that should another environmental disaster such as an oil spill occur, the shellfish under culture could be quickly picked up and moved out of harms way. In view of these advantages a shellfish mariculture development project was started in the village in 1991.

In the five years since the project was initiated a great deal of ·progress has been made. A great deal of money through loans Hanging culture methods produce a very high and grants has been invested in the venture. quality shellfish product. Market demand for ·Although there were several problems and such a product is high. In addition,. in the event setbacks along' the way,. the village has of another environmental disaster such as the been selling product since 1993 and is now Exxon Valdez oil spill, ·product can be quickly set to expand production to the point where picked up and moved to a safe area. income from this production will pay for the entire operation and make a slight profit for the village. The village is in the final stages of negotiating with a distributor in California which, in combination with the markets the village has already developed, will enable the village to sell all it produces.

Although the Tatitlek Mariculture Project is near the point of being self sufficient and able to assure the village of employment and income into the future, additional investment in the project is needed to assure that the project can supply the market in an e~cient and timely manner. H the village is unable to meet -buyers needs the buyers will go elsewhere and the . project, in spite of all the work, time and money that has been invested, will fail.

Page 2 599

PROGRAM ELEMENTS FOR FY 98

A total of $195,000 is requested in FY 98 to help finalize the capital investment in the Tatitlek Mariculture Project. The following is a brief description of the project component to which these funds will be applied.

COMPLETE MARICULTURE PROCESSING BIDLDING - $195,000

As production from the Mariculture Project began to· increase, it became apparent that a processing building was necessary in order to ensure proper health standards, produce a quality product. adequately meet market demands and provide a safe working environment for the processing crew.

Tatitlek village is remote and difficult to access. Consequently, construction there is very expensive. A series of grants and loans totaling just over $800,000 was put together to construct and equip the building. This building would accommodate not only the shellfish processing operation. but could also be used for other processing operations such as herring roe and salt cod. In addition. the building will provide space for processing and storing subsistence gathered foods as well as a general store. In short, this building will not only support economic development in the village, but lower the cost of living there as well.

Construction was started in late 1995. Problems with the foundation, combined with delays and winter construction. escalated costs. All the funds have now been exhausted and the building is only 90% complete. Until the sewer and water is installed and the mechanical work is completed, the building cannot be used. The requested funding will be used to finish the building and equip the processing area so that the Mariculture Project can begin marketing the quantity of product needed to make it self-sufficient.

Thank you for the opportunity to present this written testimony. If you have any questions, please feel free to contact the Tatitlek IRA Council at 907/325-2311.

page3 600

FY98 Appropriation Request of the Chugach Regional Resources Commission

SUMMARY

Traditional Natural Develop natural resource management $175,000.00 Resource Management capabilities in the communities Program Development • Allow tribes to participate in local natural resource allocation and management decisions • Will create 7-10 jobs Project Development Technical assistance, financial and 50,000.00 business planning, market development

TOTAL APPROPRIATION REQUESTED -$225,000.00 BUREAU OF INDIAN AFFAIRS - Fish, Wildlife and Parks Program

Submitted by Patty Brown-Schwalenberg, Executive Director Chugach Regional Resources Commission 4201 Tudor Centre Drive, Suite 300 Anchorage, Alaska 99508 907/562-6647 • Fax 907/562-4939 601

INTRODUCTION The Chugach Native region is located along the northern rim of the Gulf of Alaska. It is comprised of the coastal areas of Prince William Sound and the outer Kenai Peninsula. There are five Native villages in the Chugach region. Port Graham and Nanwalek are located on the southwestern tip of the Kenai Peninsula about four miles from one another. Chenega Bay is located in southwestern Prince William Sound. Eyak is in eastern Prince William Sound adjacent to the city of Cordova. Tatitlek is in northern Prince William Sound about 20 miles south of the city of Valdez. In addition to the villages, there is the Valdez Native Association in Valdez and the Qutekcak Native Tribe in Seward.

Since the ·chugach Native region is exclusively a maritime area, it is only natural that the outlook of its Native residents is seaward. Although there is some logging going on in the region and some potential for mining, the economic and spiritual well being of the Chugach Natives is inextricably tied to the sea.

One of the strategies for self determination in resource utilization in the Chugach Native region was the formation of the Chugach Regional Resources Commission (CRRC). The primary mission of CRRC is to encourage and oversee Native resource development programs in the region. A primary mission of CRRC is to increase the involvement of the villages in the management and development of the local natural resources.

Several fisheries development programs have been initiated and are now ongoing. It has become apparent that in order for the villages to get the most out of these projects they will need to become more involved in the decision making process that determines how local natural resources are allocated and managed. To accomplish this a program will be needed to provide the villagers with the background and skills needed to work with the natural· resource management agencies and communicating their interests and concerns. The Chugach Regional Resources Commission respectfully requests Congress tosupport this important program.

PROGRAM ELEMENTS FOR FY 98 A total of $225,000 is requested in FY 'B for natural resource development. The following is a description of each program component and expenditure plans for FY 97.

page2 602

TRADmONAL NATURAL RESOURCE MAMAGEMENT PROGRAM DEVELOPMENT - $175,000 Background During the later half of the twentieth century Alaska has undergone dramatic and rapid change. These changes have put the Native use of the resources more in competition with others who use these ~sources, and more at risk. The Exxon Valdez oil spill, and all the damage it brought, has amply demonstrated the fragility of the relationship between the Native villager and use of the resource. This one incident has put the way of life in the Native villages of the Chugach Region in This project will allow the Native jeopardy. To reduce the degree of risk and allow vU'/ages of the Chugach region to the Native villagers to become active participants actively participate in the decision in resource use and allocation, a resource making process that determines how management program will need to be integrated local natural resources of vital into the villages. interest to them will be allocated and managed. The approach will be to develop a program that will pr¢uce a cadre of Native villagers in the region trained and equipped to gather and interpret data on the· availability and use of local natural resources. This will allow the villages to gain an .understanding of the impact, both direct and indirect, on these resources by the various activities that are occurring in the area, and to actively participate in the decision making process on resource development and use. Ultimately, it is hoped that this project will enable the villages to actively participate in the management of these resources. ··FY·9B Expenditure Plans . "The first year of this project will involve identifying villagers interested in being trained as

resource technicians7 working with The Alaska Intertribal Council, The Native American Fish & Wildlife Society, and various local, state and federal agencies to develop a suitable training program, procuring the basic tools and equipment that will be needed for gathering information on natural resource availability and use.

PROJECT DEVELOPMENT - $50,000 . FY Expenditure Plan The $50,000 requested in this category will be used to help pay for technical expertise to undertake business, financial and organizational planning for all fishery development projects, and to help identify markets for the fuhery products being produced.

Without technical assistance and financial and organizational planning it will be difficult to achieve the program goals of developing a long term economic base in the villages, attracting investment, assuring self sufficiency and local control, and providing training and j~bs for village residents. · ·

pagc3 603

INDIAN COUNTRY IN ALASKA

As justification for our request, we refer to the recent reaffirmation of the existence of Indian Countty in Alaska by the Venetie Case. The communities we work with envision this as a distinct opportunity to develop their local capacity to work as co-managers with the state and federal government. Furthermore, funding that is available to Native communities would assist in supplementing the limited funds that are available by federal and state agencies to conduct the necessary management activities. We believe that together, as partners, we can provide the best management for the resources which are important to all users.

We would also like to express our support for the testimony from the Port Graham Village Council, the Tatitlek IRA Council, and the Native American Fish & Wildlife Society. Thank you for the opportunity to present this written testimony. If you have any questions, please feel free to contact our office at 907/562-6647.

page4 604

.FY 98 APPROPRIATION REQUEST BYTHE NATIVE VILLAGE OF PORT GRAHAM FOR ITS FISHERIES ECONOMIC DEVELOPMENT PROGRAM

Submitted by: Port Graham Village Council P.O. Box 5510 Port Graham, Alaska 99603

telephone (907) 284-2227 fax (907) 284-2222

February,1997 605

FY 98 Appropriation Request Native Village of Port Graham

SUMMARY

Hatchery Upgrade Upgrade broodstock holding, egg take and fry $90,000 rearing facility. • Will replace old and unsafe facility. • Will increase capacity five-fold. • Use in combination with $235,000 loan.

Hatchery Staff Training for staff to successfully handle $80,000 Training increasing numbers of eggs and fry. • Hire salmon culture expert to work on site with hatchery staff. • Send staff to other hatcheries for training and fish culture/fish pathology workshops.

TOTAL $170,000

APPROPRIATION REQUESTED FROM BUREAU OF INDIAN AFFAIRS Fish, Wildlife and Parks Program

Submitted by Elenore McMullen, Chief Port Graham Village Council P.O. Box 5510 Port Graham, Alaska 99603 907/284-2227 • Fax 907/284-2222 606

INTRODUCTION The Native village of Port Graham, located in the southwest comer of the Kenai Peninsula, owes its existence to a salmon cannery. A cannery was constructed in the early 1900s at what is now the Port Graham village site. Lured by the promise of work, both as cannery workers and as fishermen, several families from other nearby villages resettled around the new cannery. The cannery 'prospered and so did the new village. Within a few years after the cannery began operating the Port Graham village was well established. After the passage of the Alaska Native Claims Settlement Act (ANSCA) the newly formed Port Graham Corporation, the business arm of the village, bought the cannery and leased it out to an established cannery operator. This arrangement worked well for awhile however, problems were arising that began to affect cannery operations. Local salmon runs began to decline which made it more difficult and more costly for the cannery to obtain fish. In addition, the processing equipment in the cannery was inefficient and needed to be upgraded. Beginning in the mid 1980s the cannery began to operate at a loss. The shock of the 1989 Exxon Valdez oil spill with its resultant restriction in the salmon harvest was enough to cause the cannery to close indefinitely. Closure of the cannery was a major blow to. Port Graham. Not only was it the primary employer in the village (as well as the neighboring village of Nanwalek), but the investment that the corporation had made in the cannery was now in jeopardy. The reasons for the closure were clear; lack of fish and an antiquated plant. A plan was developed to get the cannery back in operation. It called for the village to construct and operate a salmon hatchery that would supply an ample quantity of high quality fish for the cannery as well as One of the oldest salmon sufficient numbers of salmon to meet subsistence canneries in Alaska, the closure of needs. Meanwhile the village corporation would seek a the Port Graham facility in 1989 put partnership with an established fish processor to a lot of village residents out of work. upgrade and operate the cannery. Linking a salmon hatchery with a processing plant is a new concept Development of the salmon hatchery was begun in designed to bring stability and long 1992. The process of building the hatchery broodstock term health to a business that will be to a size capable of providing all the eggs needed to fill the primary source of employment the hatchery to its permitted capacity (110 million eggs) or both the Port Graham and is nearly completed. The next step is to begin Nanwalek villages. expanding the physical plant to permitted capacity. This process will take about five years. The village corporation established a partnership with a cannery operator. Last year, for the first time in seven years, the cannery was operational. Although it was mostly a sh~edown operation some fish were processed and a

Page 2 607

lot of excitement was generated in the village. For the first time since the oil spill there was solid proof that lost jobs will be restored and village life will return to normal.

PROGRAM ELEMENTS FOR FY 98 A total of $170,000 is requested in FY 98 to continue with the Port Graham economic development program. $90,000 will be used to fill the gap between a $235,000 loan secured by the village to upgrade the broodstock holding, egg take and fry rearing facility and the $325,000 needed to fully fund this upgrade. $80,000 will be used to ensure that the hatchery staff continues to receive the training it needs to successfully handle the increasing number of eggs that will be incubated. The following is a brief description of each element.

HATCHERY UPGRADE - $90,000 The current broodstock holding, egg take and fry rearing facility needs to be replaced. Built in 1992 these facilities consist of 12' x 12' wood encased styrofoam net pen collars for broodstock holding and fry rearing, and a 10" x 14' wooden platform with wooden styrofoam floats for the egg take station. The facility has the capacity to produce 8 million eggs, is in constant need of repair, and was meant to be in service only until the adult returns were large enough to justify more durable and efficient facilities. That time has arrived. Total cost for the 40 million egg production facility is $325,000 (see attached cost breakdown). The village has secured $235,000 of this through a loan from the State of Alaska Hatchery Loan Program. It is hoped that the remaining $90,000 will come from this grant.

HATCHERY STAFF TRAINING~ $80,000 Staff training will have a two pronged approach. First, a salmon culture expert will be contracted to come to the Port Graham hatchery at strategic times during the course of the year such as during broodstock collection, egg take, egg eye-up, hatch, emergence and rearing . to work with the staff and fine tune procedures for handling large numbers of fish and eggs. The salmon culture expert would also be available to consult with the hatchery by phone or email to answer any questions they may have and offer advise. He would also be available to come to Port Graham on short notice in case of emergencies. The second training approach will be to send individual staff members for three to four day periods to other hatcheries that handle the same salmon species to work with that hatchery staff and be exposed to the methods and techniques that are employed there. This approach will also include sending selected staff to fish culture and/or fish pathology workshops.

Page 3

40-073 97 - 20 608

BRISTOL BAY AREA HEALTH CORPORATION Kanakanak Hospital P.O. Box 130 • Dillingham, Alaska 99576 {907) 842-5201

Statement of BRISTOL BAY AREA HEALTH CORPORATION on the FY 1998 Indian Health Service Budget

Submitted to the HOUSE APPROPRIATIONS SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES

March 19, 1997

The Bristol Bay Area Health Corporation ("BBAHC") is a private, non-profit corporation organized in June, 1973, by the Alaska Native villages of the region. BBAHC provides a wide variety of health services, including hospital services, family medicine, and other preventive and community health services. BBAHC serves more than 7,000 year-round residents and 32 villages within the Bristol Bay and Calista regions, two of the twelve regions into which Alaska was divided under the Alaska Native Claims Settlement Act of 1971. In 1980, BBAHC became the first tribal organization in the United States to take over the operation of a hospital from the Indian Health Service ("IRS") under the authority of the Indian Self- Determination and Education Assistance Act ("ISDEA"). In 1994, BBAHC entered into the Alaska Tribal Health Compact and, since that time, has been administering its health programs under Title ill of the ISDEA. Since 1973, the Kanakanak Hospital in Dillingham has been accredited by the Joint Commission on the Accreditation of Healthcare Organizations.

BBAHC Priority Budget Items. Focusing specifically on FY 1998 IHS budget items which are of highest priority in our region (as well as in other regions within the state of Alaska) we respectfully ask the Subcommittee to:

fund mandatory cost increases - $80 million above the Administration's request

fully fund contract support costs;

provide requested $90 million for IRS Sanitation Facilities Account;·

provide $5 million in recurring funds for patient travel costs;

provide the Administration's requested amount for the Community Health Aide Program in Alaska;

Aleknagik • Chignik Bay • Chignik ~oon • Chignik Lake • Clark's Point • Dillinidtam • Egei;k • Ekuk • Ekwok • Goodnews Bay Iliamna • lgiugig • lvanofBay • King Salmon• Kokhanok • Koliganck • Levdock •Manokotak; Naknck • Ncwhalcn • NewSruyahok Nondalton• Pedro Bay• Perryville• Pilot Point• Platinum• Port Heiden• Portage Creek• SouthNaknck •Togiak• Twin Hills• Ugashik Bristol Bay Arca Health Corporation is a Tribal Organization of the Alaska Native V'illages of the Bristol Bay Region 609

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increase authority and funding for the Alaska Area Office so that 10 additional leases may be funded under the clinic-built village leasing program and provide additional funds for improving existing clinics;

0 provide BBAHC $1.5 million to support Phase I of Kanakanak Hospital' building rehabilitation plan, including roof replacement; and

• reinstate the statutory prohibition on charging a co-payment to any IHS beneficiaries or to means testing beneficiaries.

Mandatory Cost Increases. BBAHC respectfully requests the Subcommittee to appropriate sufficient funds in FY 1998 to cover all mandatory cost increases incurred by the IHS and tribal health care providers, including medical inflation, mandatory payroll increases, and population gro\\:th, The FY 1997 funding level for IHS included a less than one percent increase for inflation and no adjustment for population growth. Consequently, tribal and IHS health programs had to absorb over 50 percent of mandatory cost increases in FY 1997. The FY 1998 budget would require absorption of 90 percent or $80 million in mandatory cost increases.

Underfunding of IHS mandatory cost increases is particularly inequitable when compared to other federally-funded health care programs. In FY 1997, while IHS received less than a one percent funding increase for inflation - far below the actual inflation rate, which exceeded 10% in some areas - the Medicare and Medicaid programs received a 7 percent funding increase for inflation. In addition, the IHS, which provides services to over 1.4 million patients residing primarily in rural areas, is limited in its ability to realize the same kinds of cost savings which other federally-funded health care programs have been able to achieve through managed care programs in urban areas.

Contract Support Costs. Contract Support Costs ("CSCs") is an area of the IHS budget that is chronically underfunded. While we are pleased that the Administration has requested a $12 million increase in FY 1998 over the FY 1997 level, it still is not sufficient to cover anticipated shortfalls in funding for CSCs. If the $12 million request is fully funded, the shortfall for the Indian Self- Determination Fund alone is still estimated by IHS to be $39 million. The National Indian Health Board estimates the unmet need for contract support for existing contracts at $12 million and the projected need for new contracts at $60 million.

. We urge the Committee to work with the Department of Health and Human Services to assure that sufficient funds are included in the FY 1998 budget to meet the contract support requirements set forth in section 106(a)(2) of the Indian Self- Determination Act ("the Act"). Furthermore, we urge that reporting requirements be changed so that the IHS is required to provide the Congress with information on every contract or compact which is in the negotiation process and which will require funding from the contract support fund. Presently, the IHS is only required to report a shortage of Contract Support funding for the current and previous year. 610

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Sanitation Facilities. We appreciate efforts by Congress and the Administration to systematically address the need for sanitation facilities. As pointed out in the Administration's FY 1998 budget request, there is a direct link between improved sanitation conditions and improved health. The IHS, as required by the Indian Health Care Amendments of 1988, has prepared a 10-year plan to address sanitation facility deficiencies and also prepares an annual report to Congress to identify the current inventory of deficiencies. The Administration's request for FY 1998 for construction of sanitation facilities nationwide is $90 million, $2.2 million above the FY 1997 enacted amount of $87.9 million. The IHS has estimated that annual appropriations of $146.5 million would be required to meet the 10-year plan by the year 2000 to serve existing Indian homes.

Even with full funding of the IHS 10-year plan, however, Alaska would still be seriously deficient in sanitation facilities. In Alaska, alone, there is an unmet sanitation need exceeding $1 billion. Much of rural Alaska lives without an adequate supply of safe drinking water and without essential sanitation facilities. It should also be noted that the calculation of need for the 10-year plan only includes the estimated cost of so-called "economically feasible" projects. We believe the IHS should also include on this list those projects which they consider "not economically feasible." Many of the villages in Alaska, which have very high construction costs due to climatic and geologic conditions, were not even considered in this cost estimate. Therefore, even if the 10-year plan were fully-funded, a number·of Alaskan villages would still have inadequate sanitation facilities.

Patient Travel. A special concern for BBAHC, and rural Alaska, generally, is the high cost of patient travel. BBAHC serves a 45,000 square mile area - an area larger than the state of Ohio. Therefore, we depend on local air taxi services to assist with medical evacuations from our 32 villages. The difficult nature of travel within BBAHC's service area, and the need to transport patients to the Alaska Native Medical Center in Anchorage for health care which cannot be provided in Dillingham make adequate funding of patient travel imperative. In past years, patient travel has been seriously underfunded. One result of inadequate funding for patient travel is that many patients are forced to forego or postpone care until an easily treatable condition has become a full-blown emergency. Thus, underfunding patient travel in FY 1998 will actually cost more and will force BBAHC to choose . between funding patient travel, an absolute necessity for providing access to services in Alaska, and paying for actual patient care. BBAHC fully supports the Alaska Native Health Board's request for a separate appropriation in the IHS budget of $5 million for travel costs.

The Community Health Aide Program in Alaska. The Community Health Aide Program ("CHAP") is the primary health care delivery system for approximately 171 rural Alaskan villages and is a very cost-effective program. We appreciate the funding that was provided in FY 1997 to update the Community Health Aide/Practitioners Manual which we understand is currently underway. We urge the Subcommittee to support the President's request for FY 1998 which maintains the FY 1997 level of funding of $43.9 million. 611

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Village Built Clinic Leasing Program. BBAHC strongly urges that the leasing authority of the Alaska Area Native Health Service ("AANHS") under the Village Built Clinic leasing program ("leasing program") be increased from the current level of 170 to 180, and that a commensurate increase in funding be appropriated for the ten additional leases. BBAHC has two outstanding requests for clinic leases under the leasing program, one for a clinic at Portage Creek and the other for a clinic at South Shore Aleknagik. According to the AANHS, it has already funded 169 out of the 170 leases it is authorized to fund and the remaining lease will go to another tribally-operated clinic in the Alaska Area which is not within the BBAHC service area. Part of the problem for BBAHC is that, under the leasing program, we need · four additional health aides (two per clinic) to meet eligibility requirements for the two requested leases, amounting to a total estimated cost of $150,000. An additional $50,000 would be required for training of these individuals, thus amounting to a total cost of $200,000 per year for staffing of the two new clinics.

We would also like to request additional funds for making upgrades, modifications and additions to existing village-built clinics and where appropriate, replace existing clinics. These much-needed improvements, which could be funded through a new program similar to the Maintenance and Improvements (M&I) Program, are above and beyond the realm of the current leasing program.

Kanakanak Hospital. BBAHC has recently concluded a long range facility plan for upgrade and expansion of the existing Kanakanak Hospital in Dillingham to accommodate changing and growing, health care and housing needs. BBAHC requests $1.5 million to support Phase I of the planned $20 million overall project which would be used for expansion of the Hospital Emergency Room. The long range facility plan addresses a number of existing facility needs, including replacement of the hospital roof which is in danger of collapsing. The flat roof is designed to withstand a snow load of only 40 pounds per square foot in an area where the minimal design load for buildings is 70 pounds per square foot. At least nine similar flat roofs have collapsed in other southwest Alaska facilities, including a roof of a local Dillingham school. The estimated cost of replacing the roof alone is $1.6 million. Renew the statutory prohibition on chMging a co-payment to IHS beneficiaries. On behalf of the Alaska Native patients we serve, BBAHC urges Congress to reinstate appropriations language which would prohibit the Indian Health Service from establishing means-testing for IHS beneficiaries, or charging a co-payment fee for any IHS program or service. The provision of Indian health care is one of several responsibilities the United States took on in return for land and other resources relinquished by tribes. We believe that this responsibility should not be diminished and respectfully request that the statutory prohibition language which was removed from the FY 1997 appropriations bill be reinstated.

We appreciate the opportunity to voice our concerns in connection with the proposed IHS budget for FY 1998 and would be happy to provide any additional information concerning our testimony to the Committee. 612

ALASKA NATIVE HERITAGE CENTER

REQUEST TO THE HOUSE INTERIOR APPROPRIATIONS COMMITTEE FOR $2,400,000 FOR THE ALASKA NATIVE HERITAGE CENTER Introduction

The Alaska Native Heritage Center, Inc. (ANHC) is constructing a $14.8 million Native culture and community center in Anchorage, Alaska. The Center will provide a gathering place for learning, for cultural renewal, and for sharing knowledge with Native youth, other Alaskans of all ages, and visitors from around the world. ·

Alaska is home to some of the oldest surviving religious practices, philosophical beliefs, and food-gathering strategies in the world today. A few of the Native groups in the state had no direct contact with non-Native people until the 1890s, and several did not have extensive contact or substantially change their way of life until the 1940s. As a result, there is now a generation of elders who have a vast wealth of knowledge about an entirely different way of being from that of the 21st century American lifestyle which their grandchildren are rapidly joining.

This wealth of knowledge is an incredible learning opportunity, and Native peoples' dedication to maintaining it while also making a better life for themselves in the modern world is inspirational. Alaska Native cultures are not vanishing, but they are adapting to extreme changes in technology and forms of governance. The story the Alaska Native Heritage Center will tell is about the wisdom of the elders and the ancestors, but it is also about this process of adaptation, who Native people are today, and what they hope to be in the future. The Heritage Center will not only tell the story of these hopes, it will be a part of the means to achieve them.

History of the Alaska Native Heritage Center In 1987 the state's largest Native organization, the Alaska Federation of Natives, responded to the need for a community gathering place for Natives in Anchorage by unanimously approving the plan to establish a Native culture center. A year and a half later the Alaska Native Heritage Center (ANHC) was formed as an independent non-profit · organization with tax-exempt status.

In October of 1993 the Alaska Native Heritage Center Board of Directors approved a site in northeast Anchorage donated by Cook Inlet Region, Inc. with the approval of the Municipality of Anchorage. The site contains 26 acres of wooded land, suitable for the construction of the Welcome House, where exhibits and performances can be viewed, five outdoor model village exhibits representing the cultures of Alaska's five geographic regions, a large parking lot, walking trails, and room for future structures as the Heritage Center grows.

Construction will begin in the summer of 1997 and continue through 1998. In the winter of 1998 the Heritage Center will hold a community opening and begin to offer educational programs. In 1999, it will be prepared to open as a world-class visitor attraction during the summer months.

252, C STREET SUITE 425 ANCHORAGE, ALASKA 99503 • PHONE 907 263-5170 • FAX 907 263-S57S 613

Proiect Description A Source of Pride for Alaska. Natives The Alaska Native Heritage Center will be based in Anchorage both because this is where the largest percentage of the state's Native people live, and because this is where the financial and social benefits of the Heritage Center are needed most urgently. However, it will benefit Native-people throughout the state by providing job training and education for people who wish to use these skills in their home communities, by creating a new market for arts from the villages and promoting village tourism, and by increasing the connections between rural and urban Natives so that each can help the other understand how to live comfortably in both worlds. Using the Arts to Tell the Story For the Native community, the arts are one of the most important ingredients of the cultural revitalization that is needed in Anchorage. Learning to dance, drum, tell stories or carve in wood or ivory as their ancestors did encourages Natives to draw nourishment from their heritage, an entirely different and more personal process than learning ab.Jut it in the classroom. When a young man learns to personify Raven in his dancing, and to feel a sense of connection with all those from his culture who have personified Raven before him, his performance becomes authentic regardless of where he lives. An Authentic Experience for Alaska Visitors This type of authenticity is precisely what many visitors to Alaska want to see. This type of authenticity still exists in Alaska's villages, but very few visitors to the state have a chance to experience it there. Bringing it to Anchorage, and presenting it to a non-Native audience, will bring about a circle of positive reinforcement, in which the audience's appreciation will increase the youth's pride in his presentation, and in his culture generally, and this pride will be reflected in an improved performance. At the same time, the audience will learn more about Native culture on several levels, both by being exposed to the performance itself, and by having the opportunity to talk with both the youth and his teacher about their lives and about what dancing means to them. Learning to Respect Differences The Heritage Center will perform a crucial service by providing opportunities for all Alaskans to receive accurate information about Native cultures, and to interact with Native people from various cultures, various generations and various backgrounds. Encouraging Alaska Native pride without also encouraging understanding among non-Natives would only promote further divisiveness, but if progress can be made in'both areas, then Alaskans will be able to move forward on the basis of a community dialogue which truly includes all parties. Jobs for Alaska Native People in Anchorage However, the benefits for the Native community do not focus solely on unproving self- esteem. In its first year, the ANHC will provide a projected 112 seasonal and 11 year- round jobs for an annual payroll of nearly $1.6 million. Recruitment in Anchorage and rural villages throughout Alaska will focus on hiring Alaska Natives for these positions. Tradition Bearers and craftspeople will share the story of their people with visitors. Tour guides, teachers, gallery and exhibit managers, and gift shop managers will be recruited with primary emphasis on hiring Alaska Natives. These jobs will promote economic well- being and individual self-sufficiency, since they can lead to careers in any field that requires the ability to interact with the public. Tourism is an ideal industry for improving Native employment opportunities because it offers positions for people who have very little experience with the non-Native world, and also for those who have college degrees,

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thereby reaching out to diverse members of the Native population and encouraging them to work together as a community. Self-sufficiency and Economic Opportunities for Native People Statewide Additionally, the Heritage Center's retail store will provide a major outlet for Alaska Native art and cultural objects. ANHC will establish links with artists and craftspeople across the state. Such coordination has already been demonstrated in the management of three successful Native art auctions sponsored by the Heritage Center. The Rural Travel Information Kiosk in the lobby of the Welcome House will serve as a significant referral service for rural villages which have worked to pursue cultural tourism as a source of revenue. ANHC will actively promote and facilitate booking the travel and tours of visitors from Anchorage to rural destinations where Native entrepreneurs are prepared to host them. It is because of this link that several entities involved with rural economic development are actively supporting the development of this facility in Anchorage. An Economic Opportunity for All of Alaska Like the educational benefits, the economic benefits of the Heritage Center will also extend beyond the Native community to affect the rest of Anchorage and Alaska as a whole. Construction contracts will infuse an estimated $15 million in the local economy. The many jobs associated with the Heritage Center once it is in full operation will provide over a million dollars per year in new salaries to be spent on local goods and services. Another major tourist destination in the Anchorage area will lengthen the stay of many visitors and even encourage some to add Anchorage to their itineraries, which has helped to create enthusiasm for the Heritage Center among other local businesses in the travel industry. Budget

The Alaska Native Heritage Center is currently operating on project plan!ling grants from the Administration for Native Americans and the National Park Service totaling $850,000; both grants were justified under the American Indian, Alaska Native and Native Hawaiian Culture and Arts Development Act.

The Alaska Native Heritage Center is seeking a $2.4 million appropriation in fiscal year 1998 to complete the Federal portion of the capital campaign.

The ANHC is conducting an aggressive capital campaign to meet all of our fund-raising targets. We have already received 42 percent of our private fund-raising goal and another 38 percent is currently being considered. Fundraising thus far has been focused on corporate donors, and this focus will continue, but this month marks the start of our donor drive to increase individual contributions as well. Our Board members have held several meetings with staff and trustees of private foundations that typically contribute amounts of $100,000 or more to projects of this nature and there is great interest in contributing to the ANHC in this sector.

See Appendix A for further information on the goals and status of the capital campaign.

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APPENDIX A: :~:i;;t~~~t{~~1~~fli~rffr~~;¥f iJ!E~;,7:,jf bM1~~~iifd~~:)~~;i~;~~~:t~):i;>I'.(: March97

PROJECT GOAL: $1.J,800,000

PROJECTED REVENUE SOURCES: Public $4.4 million (3()fk) Private " $5.3 million (36<«) Financing $5. I million 0-Fk)

Private Fund-raising: Goal $5.3 Million

• $3 million from private businesses and individuals • $2.3 million from private foundations

Progress • $2.2 million pledged or gifted Includes: Ten ANCSA Regional Corporations Private Corporations Foundation

• $2 million in requests currently being considered Includes: Three Native Regional Corporations One Native Village Corporation Private Businesses Foundations Individuals Public Fund-Raising: Overall Goal $4.4 million

• $2.8 million in Federal funds • $1.6 million in State funds

• $1.6 million in State Capital budget • $400,000 in Federal funds raised to date $2.4 million sought from the federal government in FY 98

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B S FA Bering Sea Fishermen's Associati~n 725 Christensen Drive Anchorage, Alaska 99501 (800) 770-6519 (Within Alaska) (907) 279-6519 FAX (907) 258-6688

Serving western Alaska small boat fisher,es since 1980

-- FY 1998 BIA appropriations -- Written Testimony submitted to the House Appropriations subcommittee on Interior and Related Agencies on behalf of

western Alaska Native fishermen in the villages of the Arctic-Yukon-Kuskokwim region.

March 6, 1997

Abstract The Bering Sea Fishermen's Association (BSFA) requests the House Appropriations subcommittee on Interior and Related Agencies to authorize an appropriation of $1,000,000 to BSFA to conduct salmon research and restoration projects in western Alaska and Interior river systems. Funds would continue to be authorized under the BIA Wildlife & Parks, Tribal Management and Development program. As it has done with the FY94 - FY97 appropriations, BSFA would design and implement cooperative projects with Alaska Native villages in Kotzebue Sound, Norton Sound and the Yukon and Kuskokwim rivers. This proposal aims to maintain the Western Alaska Salmon Investigations Program on the original course set by Congress in FY94: the monitoring and restoration of depressed salmon stocks under the management of one organization that serves and represents all the affected fishermen.

BSFA: 17 years of service to western Alaska Native villages

Formed in 1980, the Bering Sea Fishermen's Association (BSFA) is non-profit extension service organization serving the needs of western Alaska commercial and subsistence salmon and herring fishermen. BSFA. is governed by a 12-member Board of Alaska Native fishermen. BSFA provides services to Alaska Native villagers in four broad regions: Bristol Bay drainage, Yukon- Kuskokwim Rivers, Norton Sound and Kotzebue Sound. Services provided include: • assistance in dealing with state and federal ~egulations for seafood harvesting, processing and marketing, · • design and implementation of fisheries processing facilities, and • scientific research to aid in management and development of local fisheries.

Bering Sea Fishennen's Ass'n BIA: Wildlife & Parks I .Tribal Management & Development 617

BSFA, through a combination of state, federal and, private grants, has played the major role in ensuring Alaska Native participation in the development and management of dynamic fisheries. Some of these accomplishments include ensuring local control and sustainability in emerging fisheries, developing user participation in research and cooperative management regimes, and design and implementation of the Community Development Quota (CDQ) program for sablefish, halibut and pollack.

BSFA 's western Alaska (Arctic-Yukon-Kuskokwim) salmon restoration & research program

In response to drastic declines in chum salmon, in FY94 the Congress authorized a direct appropriation of $800 000 to BSFA to conduct salmon monitoring research restoration and enhancement projects in western Alaska. From early 1994 to late 1995, BSFA conducted the following projects:

Kotzebue Sound: Sikasuilaq hatchery: annual operation costs & land purchases Kobuk River test fishery / regional subsistence harvest surveys formation of regional aquaculture association Norton Sound Sockeye salmon: habitat analysis, Chum salmon: habitat analysis, micro-hatchery construction / Niukluk and Snake Rivers spawning escapement towers / regional subsistence harvest surveys Yukon River Chum salmon: productivity analysis, egg incubation & rearing Micro-hatchery development / public forums: inseason management and project planning / Pilot Station main river sonar operations, Kaltag Cr.spawning escapement tower & chum salmon incubation / Nulato River spawning escapement tower / Tanana Village salmon abundance test fishwheels Anvik River terminal harvest fishery Kuskowkim River public forums: inseason management and project planning Eek Island salmon abundance gillnet test fishery / Aniak River coho salmon escapement sonar / Nunivak Island salmon abundance study Bristol Bay Wood River coho salmon escapement tower

In FY95 BSFA was awarded $336 809 in a BIA competitive grant process and used the funds for the following projects

Kuskokwim River chum salmon migration timing and distribution study Yukon River Mountain Village fall chum test fishery / Andreafski River coho salmon escapement weir / Galena village fall chum test fishwheel / Tanana village fall chum test fishwheels / Tanana River fall chum population study

Bering Sea Fishermen's Ass'n BIA: Wildlife & Parks I Tribal Management & Development 618

For FY96 BSFA was appropriated $804 500 and used the funds for the following projects: Kotzebue Sound: regional salmon spawning surveys / daily catch sampling public forums: inseason management and project planning Norton Sound: Eldorado River, Snake River and North River spawning escapement towers / Pilgrim River spawning reconnaissance / regional subsistence harvest surveys Yukon River: public forums: inseason management and project planning Andreafsky River weir I Pilot Station sonar I Kaltag Cr., Nulato River, Clear River spawning escapement towers / Mountain Village, Tanana Village and Ft. Yukon test fisheries / Toklat & Nenana Rivers spawning surveys / Tanana churn population studies Kuskowkim River public forums: inseason management and project planning / Kanektok, Takotna and Kwethluk escapement towers / George River weir I Aniak River sonar

For FY97 BSFA was appropriated $805 000 by Congress and has just begun work on implementing many of the same projects above as well as designing new projects.

For all of these projects the.se last 3 years, BSFA has worked directly with and contracted with Alaska Native individuals, villages and regional Native non- profit associations. Through using the BIA appropriation as matching funds, BSFA has leveraged several thousands dollars of project support from the Alaska Department of Fish and Game and the U.S. Fish & Wildlife Service. Finally these BSFA-administered projects were implemented with a low indirect cost rate of only 18 percent.

FY98 Proposed Projects

The BSFA Board and staff, in consultation with Alaska Native organizations and tribes, would continue to exercise the leadership role in coordinating salmon monitoring and enhancement projects. BSFA is the only group that represents and works with all fishermen (commercial and subsistence) and villagers throughout the entire Arctic-Yukon-Kuskokwim region. BSFA Board l!nd staff are intimately familiar with salmon research needs in the A-Y-K region.

BSFA will continue to contract with local and regional Alaska Native organizations and other appropriate entities as well as with individual fishermen BSFA staff will work with these organizations and individuals as well as with state and federal agency staff to design, coordinate and implement projects.

Bering Sea Fishermen's Ass'n BIA: Wildlife & Parks / Tribal Management & Development 619

BSFA staff would include a full-time Fisheries Biologist and full-time Program Director as well as part-time administrative personnel to work directly with subcontractors and cooperating agencies. Havini BSFA as the single responsible program manaG;ement entity will assure both the development of tribal expertise and the fulfillment of the intent of Congress to rebuild salmon returns in an efficient manner.

We request a continued direct appropriation of $1,000,000 to Bering Sea Fishermen's Association for FY98 to continue to conduct salmon research & restoration projects in the affected Arctic-Yukon-Kuskokwim region of western Alaska. Funding for BSFA would continue to come from the~ Wildife & Parks / Tribal Management & Development program.

Projects meeting the following criteria would be implemented· • priority funds to continue scientifically-useful projects developed in FY94 thru FY97 • must fill a gap in the database on western Alaska salmon; if applicable, work in cooperation with state and federal land agencies • majority of staff hired must work in the field and be local hire

We appreciate the trust Congress has shown in BSFA by having us direct this program. The last few years of research has dramatically improved the ability of fisheries managers to meet the commercial and subsistence needs of western Alaska Native communities.

Thank you for this opportunity to submit written testimony.

End of Testimony

Bering Sea Fishermen's Ass'n BIA: Wildlife" & Parks I Tribal Management & Development 4 620

TESTIMONY OF STEPHEN A. JANGER PRESIDENT, CLOSE UP FOUNDATION SUBMITTED TO THE HOUSE COMMITTEE ON APPROPRIATIONS SUBCOMMITTEE ON INTERIOR AND RELATED AGENCIES MARCH 20, 1997

Mr. Chairman, distinguished _members of this Subcommittee, my name is Stephen A. Janger and I am President of the Close Up Foundation. It is a privilege for me to submit this testimony regarding Close Up's efforts to provide citizenship education opportunities for American Indian and Alaska Native students and educators.

Before I begin to discuss Close Up's funding request for fiscal year 1998, I want to thank the Subcommittee for its past support. The civic education of thousands of American Indian and Alaska Native students has been enhanced by funds this Subcommittee made available through the Bureau of Indian Affairs (BIA). Unfortunately, no funds were made available for current Close Up programs in the FY1997 Appropriations Act. Through this testimony, I hope to convince this Subcommittee that Close Up's work with American Indian and Alaska Native students and educators is a very worthwhile expenditure of scarce federal funds. In this regard, we respectfully request $300,000 in FY98 funding.

OVERVIEW

American Indian students hold a unique place in American society as citizens of both the United States and their Indian Nation, yet there are few opportunities in school to examine the implications of this "dual citizenship."

Nearly a half million American Indian and Alaska Native students are enrolled in schools across the nation, and there are many indications that their education is not comprehensive and needs enhancements to enable these students to be competitive. In 1991, the Indian Nations At Risk Task Force established a set of education goals to guide the improvement of all federal, tribal, private and public schools that serve American Indians and Alaska Natives and their communities. These goals call for all Native American students to "demonstrate civic, social, creative and critical thinking skills necessary for ethical, moral and responsible citizenship and important in modem tribal, national and world societies." Simply, native students must understand the implication of their dual citizenship to be actively involved in both tribal governments and the democratic process.

The Close Up's Washington High School Program responds to the need for educational tools for Native students and their teachers. The Close Up Washington program uses a hands-on approach to civic learning that picks up where traditi9nal textbooks leave off. Close Up participants don't just listen to lectures, they take part in debates, role-play activities, simulation exercises, group work, cooperative learning situations, and directed discussions. They are challenged to apply what they learn to real world scenarios. 621

Close Up Foundation Page2

Close Up participants meet with the people who make government work. In seminars, students discuss the process of government with leading decisionmakers, policy experts, diplomats, and journalists. They also have the opportunity to hear their leaders' views first-hand, and share their opinions and concerns directly with their elected officials. These opportunities serve to de-mystify U.S. government and its elected members, making the system of government accessible and engaging to young people. Based on the unique relationship between the federal government and the tribes, it is especially important that Native American students understand the process.

THE NEED FOR CIVIC EDUCATION

In February 1997, the Washington Post Magazine featured an article on Native American issues that included statistics outlining the status of Native Americans in society. While not new, the statistics reflected an alarming reality: of any ethnic group in America, Indians have the highest rates of poverty, unemployment, and disease. In his article, Peter Carlson asserted that "Native Americans remain at the bottom in almost every measurable economic category." With Indians making up less than 1 % of the population in the United States, it is vital that Native students learn to be leaders on behalf of their tribes if these statistics are to ever change for future generations.

The Native American people of the United States are embarking on a new course in their relationship with the federal government. As federal funding decreases each year, those living on federally recognized Indian reservations will require educated, skilled leaders who can be vocal advocates for the needs of their tribes. Senator John McCain, former chairman of the Senate Indian Affairs Committee, confirmed this need when he stated that few legislators know " . . . about the clause in the Constitution that says Congress has a special responsibility in dealing with Native Americans." Without appropriate education, American Indian struggles will continue with nominal support from voters and politicians who could have an impact on the lives of American Indian people.

But balancing these worlds and their role in them can be very difficult for young people. Close Up's American Indian and Alaska Native program provides Native students with an opportunity to study what it means to have a foot in two cultures, or "two worlds." For Native students, traditional values taught at home often conflict with what is taught in school. Through their Close Up experience, students start to see a traditional circle being woven:

* They learn to respect tribal elders for their roles in the tribal council. * They realize if they want to protect their sovereign rights as American Indian citizens, they need to obtain a comprehensive knowledge of government at all levels, federal, state, and tribal. * By sharing their life experiences with students from cqmpletely different backgrounds, Native students develop more pride in, and recognize the value of, their own culture. 622

Close Up Foundation Page 3

This increased pride enables students to begin looking at their culture from other perspectives. By visiting their nation's capital, students have the opportunity to see first-hand how vital it is for them to take a role in preserving their sovereign rights. They observe first-hand how their tribal leaders represent the tribe to the federal government. Students also study the process of working directly with the federal government. This information is particularly relevant to Native American students who may one day use this familiarity with the government as a vehicle to preserving their rights as both American citizens and members of their tribe.

This is perhaps best enunciated by a social studies teacher at Santa Fe Indian School who wrote, "Our young people are living in two worlds, and in the non-Native world they need to learn to be just as competitive as everyone else. Our tribal leaders and elders always tell our young people that they'll be the future leaders, but no one's doing anything to prepare them. That's what this program is all about. "

Close Up's message of informed participation is not limited to the federal government. The Foundation encourages educators to develop civic education programs at the local level. We know that we have inspired Native American educators to conduct local programs, one example is the local program held annually at the Santa Fe Indian School. The 1995/96 topic, "Unity and Sovereignty/Empowerment of Youth," involved student participants most of whom were enrolled members of one of the New Mexico Pueblos. The goal of this two-day program· conducted for New Mexican Native American youth, tribal leaders, community leaders, and educators was to train youth to become responsible and knowledgeable in the areas of sovereignty, Indian law, tribal government systems, cultural awareness, leadership, and citizenship.

Another example is a program established by Marilyn King-Johnson (Navajo), the project manager for the Navajo Nation Youth Incentive Program. Ms. King-Johnson said her interest in establishing a local program came to her while attending the Close Up Washington program. "/ kept thinking 'why can't we do this at home'? We tell our youth to learn about the state and national government, but we don't teach about the Navajo Nation. I wanted to teach the young people something not taught in school."

The enthusiasm generated by attending the Close Up Washington program multiplies the reach of expanded civic learning many times over. Teachers and students return home with newfound knowledge, teaching methodologies, and self-esteem, and they are anxious to share all of this with their community. Without federal funding, however, this program and its contribution to Native American students and their teachers will cease to be available to most of them. 623

Close Up Foundation Page4

AMERICAN INDIAN AND ALASKA NATWE PARTICIPATION

For more than twenty-five years, the Close Up Foundation has promoted responsible participation in the democratic process through educational programs in government and citizenship. With the help of this Subcommittee, Close Up has developed and tried to sustain an outreach policy to act on the belief that civic education is important to all students regardless of their families' financial status. This outreach policy, supported by fellowships to assist students with financial need, has ensured that a diverse student body is able participate in the Close Up program.

During the last year that Close Up received federal support (1995-96 program year), we had 248 students and teachers from 38 BIA high schools, and 103 Alaska Native students from remote villages, rural settings, and urban areas participate in the Close Up Washington High School Program. The vast majority of these students received fellowship support. We now find that without federal fellowship support we are losing the participation of many schools, and our forecast is that we will lose many more schools next year.

Most of the schools no longer able to participate are exactly the schools you want to reach with a program like Close Up. These are schools in the most remote and isolated regions of the country, schools that have few, if any, outside educational opportunities, and, generally speaking, schools with a student population that would receive the greatest benefit from our program. Although Native students, as they have in the past nine years, are conducting fundraising drives to try to raise at least some of the money themselves, the desperate financial situation of many of these students and their communities makes it impossible for them to raise the necessary funds. The lack of a financial base within the community that could sustain a student fundraising effort makes the need for federal support all that more urgent.

Despite all of the challenges these communities face, Close Up enjoys strong support in the Native American community. One example is at their January 1997 conference the National Congress of American Indians adopted a resolution of support for the Close Up program. We are very proud to have received such an endorsement.

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Mr. Chairman, the glaring need for civic education opportunities for American Indian and Alaska Native students has been clearly demonstrated by many educators and experts. The past support of this Subcommittee has made it possible for the Close Up Foundation to try to address this need. We are very proud of what we have been able to accomplish. Without federal support, however, we cannot continue our work with the multiplier effect that leads to important learning productivity. Therefore, we respectfully request $300,000 from the FY 1998 Interior and Related Agencies Appropriations bill for our programs for American Indians and Alaska Natives. We would be glad to respond to any questions and to provide any additional programmatic or budgetary detail. you very much. 624

STATEMENT OF ALISON GOTTFRIEDSON, BOARD CHAIR WA HE LOT INDIAN SCHOOL FRANKS LANDING, WASHINGTON BOUSE APPROPRIATIONS COMMITIEE; INTERIOR SUBCOMMITIEE MARCH 18, 1997

Thank you, Chairman Regula, for allowing me the opportunity to submit this statement for the record, as your subcommittee receives testimony with respect to funding issues to be addressed in fiscal year 1998 through the federal legislative, appropriations process.

I am the chair of the board of the Wa He Lut Indian SchooL and have served on the board since the school's founding in 1974. On February 10, 1996, our kindergarten through ninth grade school was devastated by an historic flood that raged down the NISqually River in Washington State to our campus at Frank's Landing. We lost virtually all of our classroom space, administrative offices, ceremonial longhouse, and other school structures. The only building that remained standing was our recently completed gymnasium and dining facility.

In describing various BIA funding commitments to the Wa He Lut Indian School following the flood, department officials wrote, "OIEP submitted to the Department of the Interior Budget office a request for $5,000,000 to be included in the National Emergency Disaster Relief Supplemental Appropriation in response to the President's action to declare a National Emergency for the State of Washington due to flooding." There has been no official information whether this amount was included in the Departmental Emergency appropriations request as of this date. It is understood that the budget package is at 0MB for review prior to it's submission to the U.S. Appropriations Committee. VERIFICATION IS NEEDED ON WHETHER THE $5.000.000 IS INCLUDED IN THE FINAL DEPARTMENT OF INTERIOR NATIONAL EMERGENCY DISASTER RELIEF PACKAGE FOR WA BE LUT! The document went on to state that "Secretary of the Interior Bruce Babbitt was at the Portland Area Office and was provided a briefing this morning (2/28/96) and will be given an on site tour of damaged areas accom1)3Ilied by the Area Director."

For reasons that have never been fully explained to us, we later were told that no funding to replace our destroyed school buildings was requested. However members of Congress, who were familiar with our plight, were successful in eventually securing $2 million to begin our rebuilding project. Even as the lengthy and difficult appropriations process was being worked out in Washington, D.C., the BIA sent its top program specialist, Ms. Fran Hayes of OIEP, to interview our staff and schpol board. She later produced the BIA's official program of requirements (POR) for our schooL documenting the need for a 17,500 square foot facility to meet the educational needs. 625

The initial $2 million was :finally released to us in November of 1996. Since that time we have worked as expeditiously as poSSil>le in securing the services of an architect, teamed with a construction firm to design and build our school. In addition, we have been active participants in the BIA's Reengineering Lab, having been designated as a model project for fast track completion. It is our goal to have our new facility ready for occupancy by November 1997.

However, we have now come to learn that the actual funding need for rebuilding the Wa He Lut Indian school is approximately $4 million, leaving us $2 million short. This fact should come as no surprise to the BIA, given the fact that on September 30, 1996 Mr, John Reimer, Education Programs Administrator from the Portland Area Office, wrote to Mr. L. W. Collier, Jr., Director of the BIA Facilities Management Construction Center stating, "I expressed my concern that the $2 million for rebuilding Wa He Lut School after the flood of 1996 may fall short of the need particularly in light of the following: the amount of site work needed to prepare the building area to at least 17 feet above the surrounding area as was done with the existing multi-purpose building which was recently constructed by FMCC, a determination of the damage to the septic system and water well and the cost for repairing and/or enlarging or replacing them; and the value engineering requirement. Given the square footage of the new building as developed in the POR, the cost of site work and preparation may be over twice the cost of that of the multipurpose building, which is approximately 8,000 square feet. These factors, in addition to the construction of the building ttseH: may bring the cost over this amount."

In retrospect, Mr. Reimer's predictions proved to be prophetic. The considerable site preparation requirements to avoid future flood impacts consistent with Federal Emergency Management Agency (FEMA) guidelines, together with the other aspects of the project identified by Mr. Reimer, make an additional $2 million in funding necessary. It should be pointed out that the $2 million previously appropriated is sufficient to build our new school building, consistent with the BIA space and program requirements. Even with the additional $2 million for site preparation and related costs, we will still be $1 million under the amount initially requested by BIA

In conclusion, Mr. Chairman, I want to express the appreciation of my fellow board members, the students, teachers, and _parents of the W~ He Lut Indian School for your previous efforts on our behalf Our. desire is to build a school that will meet the educational needs of our children, safe from the threat of any further flooding of the Nisqually River. Thank you. · 626

Association of Community Tribal School Inc.

Testimony on the FY 98 Department of Interior-Bureau of Indian Affairs Appropriations

Mr. Chairperson and members of the Committee, thank you for giving us the opportunity to address you concerning the FY 98 BIA Budget. The Association of Community Tn"bal Schools Inc. (ACTS) represents many tribal elementary and secondary schools across the United States. The BIA reports that 105 (57%) of the schools are tribal managed and 25,842 (53%) of the students in tribal schools. The BIA also reports that 22 additional schools will transfer from BIA domination to tribal management. By the start of the 1998-99 (FY 98) school year, 6S°/o of the schools may be tn"bally managed and 70% of the students could be in tn"bal schools. There are four priorities that need your assistance: 1. Administrative Cost Grants Administrative cost means administrative functions which the tribe or tribal organization incur as a result of operating a tribal elementary and/or secondary education program, are not customarily paid by comparable bureau operated programs out of direct program funds, anci are either, provided for comparable bureau programs by Federal officials or are required by law or prudent management practices. Administrative cost may include, but are not limited to: • contract or other agreement_ administration • executive, policy, or corporate leadership and decision making • program planning, development, and management · • fiscal, personnei property, and procurement management • related office services and recordkeeping • costs of necessary insurance, auditing, legal, safety, and security services The Bureau of Indian Affairs reports that administrative cost payments have ranged from 64% to 100% of statute requirement. If 22 schools convert to tribal management over the next two years, the administrative cost payment could slip well below 64%. The forecasted need for FY 98 is $51,000,000.

Adm lnistratlve Cost Appro. vs. Need

$60,000,000.00 $50,000,000.00 $40,000,000.00 $30,000,000.00 $20,000,000.00 $10,000,000.00

$O.OO FY 94FY 95FY 96FY 97FY 98FY 99 - NEED mmIIIIII APPRO. 627

Association of Community Tribal School Inc.

l. Facilities Operations and Maintenance Facilities Operation and Maintenance revenues are used to defray costs ofutilities, heating, tele-communications, water and water treatment, wells, sewer treatment plants, electrical power distnl>ution, all exterior areas, janitorial, security, GSA rentals, pest control, refuse collection and disposal. routine maintenance, supervision, and other routine services. The Office ofConstruction Management reported an annual $70,000,000 deterioration rate of BIA education fitcilities. There is a construction, repair and replacement need of $750,000,000. The BIA has added over 800,000 square feet of new spac1: to the inventory. The FY 97 appropriation only provided 70% of the actual need of existing education facilities. The F ACCOM software system used to determine operation and maintenance distribution projects a continuous deterioration offitcilities unless they are properly maintained, repaired, or replaced. The FY 98 need/or Facility Operation andMaintenance is $96,873,000.

Operation and Maintenance - need vs. ap

$100,000,000.00 $80,000,000.00 $60,000,000.00 $40,000,000.00 $20,000,000.00

$0.00

- NEED IIIIDD APPRO.

3. Transportation The total miles traveled by all BIA funded schools was 11,849,000 during the 1992-93 school year. The total miles traveled during the 1996-97 school year will be l 5,197,000. This increase in total miles was 28.25%. The per mile revenue, based on appropriations, for the same period was increased by only 5.96%. On top of not receiving enough revenue from the BIA to cover increased mil.es, the schools had to absorb the GSA increases in leasing vehicles and the increase oftbe per mile charge. 1he transportation need/or FY 98 is $43,034,000.

Transportation-Appro. vs. need

S50,000,000.00r-----r------.---""T-"-----r-----==--,

$40,000,000.00

$30,000,000.00

$20,000,000.00

$10.000.000.00

SO.DO FY94 FY 95 FY 96 FY 97 FY 98 FY 99

- NEED IIIDlll APPRO.

2 628

Association of Community Tribal Schools Inc.

4. Indian School Equalization Program The Indian School Equalization Program (ISEP) provides bask/supplemental instructional and residential monies similar to the way public schools receive state and local revenue. ISEP provides approximately 60% of the comparable per pupil expenditures in·public schools. The BIA reports a student enrollment increase of 12.47% fonn school year 1993-94 to 1996-97. The appropriation for the same period only increased 6.99%,. The BIA has not provided enough funds to cover the increases in student population. They have not been able to cover any cost of living increases for schools. 'Fhe total needfor /SEP in FY 98 is $292, 718,000.

Indian School Equalization Program need versus appropriation

$400,000,000.00 $300,000,000.00 $200,000,000.00 $100,000,000.00

- APPRO. llIIIIll NEED

SUMMARY When you combine Indian School Equalization Program, Transportation, Facility Operation and Maintenance, and Administrative Cost revenues, divide that amount by the number of student provided instructional and residential services, and then compare this with the national public school per pupil revenue average as reported by the National Center for Educational Statistics, the BIA funded schools do not receive an equitable amount of funds per student. The school year 1996-97 comparison is National Per Pupil Revenue for public school of$ 5,807 while tribal school revenue (IROTA) is$ 4,427.

Comparison-Tribal and Public School Rev

$7,000$6,000 - $5,000 . $4,000 $3,000 $2,000 $1,000 $O FY 91 FY 92 FY 93 FY 94 FY 95 FY 96 FY 97 FY 98 FY 99 FY 200

- Public NPPR lllllll Tribal ITOA

'Fhe combined need is $119,337,000 (]SEP-$77, 080, 000, Transportation-$13, 732,000, Operation and Maintenance-$22,245, 000 and Administrative Cost Grant-$ 6,290,000).

3 629

Association of Community Tribal School Inc.

Where to get the revenue to cover the shortfall We reali7.e that the federal budget is being balanced and that sacrifices must be made. We are willing to phase the revenue need over the next 5 years (through FY 2002). Therefore we request that the FY 98 Program Element - School Operations for the Bureau ofIndian Affairs be increased by $24,000,000. We further recommend the following Program sub-elements be increased over and above the 1998 budget request: /SEP $12,000,000 Transportation $ 5,000,000 Operation and mainlenance $ 4,000,000 Administrative Cost Grant $ 3 QQQ QQQ 1VTAL · $24,000,000 The total appropriation for the BIA in FY 97 was $1,606,794,000 and direct education programs accounted for 36% ofthe appropriation The massive increase in contracting and granting education programs warrants deceases in the functions and appropriations in the following areas: Bure, ru ofIndian Affairs Other Recurring Programs - Education Area/Agency Technical Support $ 750,000 School Statistics ADP $ 250,000 Central Office Operations - General Administration Erecutive Direction and EEO $ 250,000 Administrative Services Administration $ 500,000 Financial Management $ 750,000 Personnel Services $ 150,000 ADP Services ADP Central Program Management $2,000,000 EdHcation Program Management &Jucation Personnel Services $ 200,000 Area Office Operations - General Administration Erecutive Direction and EEO $ 200,000 Administrative Services $1,000,000 Personnel Services $ 500,000 FacilitiesManagement $ 500,000 ADP Decentralized System Support $ 250,000 Special Programs/Pooled Overhead - General Administration Intra-Governmental Payments $ I, 000, 000 WorkersCompensation $ 750,000 Unemployment Compensation $ 500,000 Constroction - General Administration Construction Program Management $. 2 0Q0 000 SUB-TOTAL $11,550,000 Department ofInterior -Administrative Services $12 450 000 1VTAL $24,000,000

4 630

TESTIMONY REQUESTING . ANINCREASEIN THE 1998 FISCAL YEAR BUDGET

Submitted by:

Robert W. Sutton, Executive Director American Indian Graduate Center

Submitted to:

House Subcommittee on Interior Appropriations Chairman Ralph R~gula

SUBJECT: BIA BUDGET/SPECIAL HIGHER EDUCATION SCHOLARSIDP PROGRAM

March 7, 1997 631

Mr. Chairman and Members of the Subcommittee:

The American Indian Graduate Center (AIGC) is grateful for the opportunity to present testimony in support of the BIA's - Special Higher Education Program (SHEP). AIGC has administered the SHEP since 1972, the only national scholarship program in the country focusing on American Indian and Alaskan Native graduate students. We respectfully request $3 million for this Bureau of Indian Affairs Program in the 1998 Fiscal Year Budge~.

BACKGROUND:

AIGC is a national, Indian, non-profit organization established in 1969 to assist American Indian and Alaskan Native students needing financial aid for graduate school. From 1972 to the present, AIGC has administered the BIA Graduate program in all professional degree areas. Until this year the Graduate Center was assisting approximately 90% of all Indian graduate students nationwide. Nearly 90% of all SHEP _funds goes directly to students in fellowship grants, and 10% or less is for administrative costs.

The Graduate Center also raises funds from private sources. However 90% of our fellowship awards come from the SHEP contract funds. There have been over 4,000 students served by this program in 25 years. Last year, the 1995-96 Academic Year, we awarded over 500 students over $2 million. The FY'96 appropriation reduced our funding by 50%, from $2.6 million to $1.3 million. The FY'97 funding remained at $1.3 million. Due to the devastating cut in funding, we were only able to help our 250 continuing students. There were over 800 requests from new students that we could not help. Many of these students were unable to continue their education and will probably never be able to continue. The continually increasing number of students, over 1,300 requests for next year, will substantially reduce the amount each student receives to a point where the SHEP award will be insignificant. This coupled with the continually increasing cost of education will have a significant impact on the student's ability to remain in school. As the Indian undergraduate student population increases this program will not be able to assist them in advancing their skills withou· :ncreased funding. Former recipients of this program, such as Lorraine Edmo, Executive Director of NIEA and Assistant Secretary Ada Deer of the BIA. are successful leaders in the Indian community.

The report in INDIAN NATIONS AT RISK: AN EDUCATIONAL STRATEGY FOR ACTION, issued by the Department of Education in October of 1991 stated: "An increase in funding to train Native educators for elementary, secondary, and university teaching and other professions in science mathematics law engineering and medicine business the social sciences and related fields as a national priority''. was needed for the tribal communities throughout the country. These will be trained, Indian professionals who are not only critical to the well-being of American Indian communities, but to the country as a whole. We all know that EDUCATION is the key ingredient to self-sufficiency.

2 632

CURRENT FUNDING AND STUDENT STATISTICS

For the current 1997 Fiscal Year the contract amount is $1,333,000. The following is a final breakdown of the number of students and their fields of study from the 1995- 96 academic year and preliminary figures for the 1996-97 academic year.

1995-96 ACADEMIC YEAR 1996-97 ACADEMIC YEAR

Field of Study Number of Students Field of Study Number of Students

Business 49 Business 20 Education 59 Education 23 Engineering 8 Engineering 2 Health ff,() Health 89 Law 164 Law 99 Natural Res. 3 Natural Res. 1 Other 95 Other 48 Number of Males: 196 Number of Males: 110 Number of Females: 342 Number of Females: 172 Total Tribes Represented: 123 Total Tribes Represented: 86 Total Colleges Represented: 197 Total Colleges Represented: 130 Masters Candidates: 230 Masters Candidates: 87 Doctorate Candidates: 295 Doctorate Candidates: 192 Dual Degree Programs: 13 Dual Degree Programs: 3

Total: 538 Total: 282

Applicants to AIGC must apply for campus-based aid through the federal financial aid process. Our program limits assistance to only a portion of their unmet need. The unmet need last academic year was $ 7 .3 MILLION compared to this year of $4 MILLION. The average award this year is only $3,300, which represents a small percentage of their costs. Over the last three years there has been a reduction in our maximum award from $8,000 to $4,000 because of the increasing number of eligible applicants and escalating college costs.

We have been able to operate the SHEP at a cost efficient level for the past ten years. The low overhead costs are due to a well-trained staff and the use of modern computer technology. This has enhanced our ability to service our students. We have perfected our methods of delivering services, office procedures and internal systems. We are confident we can continue to successfully administer the Special Higher Education Program, at a cost savings to the Government.

SUMMARY REQUEST

The American Indian Graduate Center requests Congress continue funding the Special Higher Education Program at the proposed level of support. Additionally, allowing for increases in student applicants and costs of education, we desparately need the program increased to at least$ 3 MILLION in the 1998 Fiscal Year BIA 'budget. We greatly appreciate your continued support of Indian graduate education. Your efforts will ensure a pool of skilled professionals to improve the economic conditions on Indian reservations and support the greater social environment as productive members of society.

3 SPECIAL HIGHER EDUCATION PROGRAM Administered by The American Indian Graduate Center since 1972 BIA ANNUAL REPORT INFORMATION

., 1995-96AY & 605 383 228 27 123 $10,461,333 $2,203,528 $7,601,696 $2,574,133 96Summer 1994-95AY & 722 451 228 29 142 $11,938,000 $2,025,000 $6,596,000 $2,278,750 95Summer 1993-94AY & 666 524 263 24 127 $11,090,000 $2,280,000 $5,732,000 $2,220,110 93&94 Summer -1992-93 A Y & 576 419 231 24 136 $9,470,000 $2,014,500 $3,234,000 $2,359,155 92Summer O') 1991-92AY & 473 395 153 23 124 $7,888,000 $2,101,500 $1,700,000 $2,188,459"1 91Summer 1990-91AY & 408 31K 175 ·22 113 $6,205,000 $1,691,000 $1,389,000 $1,973,1~ 90.Summer 1989-90AY & 351 268 136 24 108 $5,415,000 $1,477,000 $1,383,000 $1,800,000 89Summer 1988-89AY & 337 306 122 22 98 $5,416,000 ·. $1,517,000 $1,093,000 $1,7500,00 88Suntmer 1987-SSAY & 313 301 128 23 93 $6,145,000 $1,574,000 $1,219,000 $1,750,000 87Summer 1986-87.AY & 312 336 137 22 85' . $4,046,000 $1,414,000 $548,000 $1,632,077 86Summer 1985-86AY & 209 233 69 20 74 $2,425,000 $855,000 $387,000 $958,000 85Summer 634

onl flo11

THE NAVAJO AREA SCHOOL BOARD ASSOCIATION tl, .£ .., w, NASBA P. 0. BOX 3719 WINDOW ROCK (NAVAJO NATION) ARIZONA 88515 ·"1.S .. 520-871-5225/5226 FAX: 871-5148 YOUNG JEFF TGi:, tJASBA PRESIDENT Statement to the House Appropriations Subcommittee on the Interior Fiscal Year 1998 Department of the Interior and Related Agencies Appropriations

March 06, 1997

The Navajo Area School Board Association, Inc. (NASBA) congratulates new members to the Hous~ Appropriations Subcommittee on the Interior. NASBA is thankful for the opportunity to provide written testimony to the Subcommittee concerning the Fiscal Year 1998 Interior Appropriations.

NASBA understands the difficult task of the Subcommittee and the entire Congress to strike a balance between funding important programs and reducing the national debt. In this challenge, NASBA strongly urges Congress to maintain education programs particularly Indian education as a high priority as called for by the President of the United States.

NAVAJO AREA SCHOOL BOARD ASSOCIATION, INC.

Established in 1969 by the Navajo Nation Council, NASBA continues to advocate for and provide valuable assistance to the local community school boards which oversee schools operated by the Bureau of Indian Affairs (BIA). NASBA represents 49 local school boards of 66 BIA- funded schools and dormitories on the Navajo Nation. CHARACTERISTICS OF SCHOOLS AND STUDENTS IN THE BIA-FUNDED SYSTEM

Nationally, 187 BIA funded and operated schools serve more than 52,000 students. The students served by the BIA-funded system are from a distinct group of Native American students who are more likely to live within their tribe's reservation and often from more isolated areas. About half of the students in the BIA funded and operated schools attend a residential school or dormitory program.

The 49 BIA-operated schools on the Navajo Nation include 38 boarding schools of which two are high schools and five dormitories that house public school students. Eleven of the 49 are strictly day schools. Navajo local schools in school year 1996-97 have provided the basic curriculum instruction and supplemental programs such as; Bilingual Education, Effective Schools, Safe and Drug Free Schools (fitle IV), Gifted and Talented, Disadvantaged (fitle I), Cultural Related Academic Needs (fitle IX), Close-Up, and Family and Child Education (FACE).

Navajo local schools have been actively involved in Goals 2000:. Educate America Act program. Under this initiative, several schools have reassessed their schools and developed a Consolidated School Reform Plan. Based on their findings, the Reform Plans outlines the school's: mission, vision, philosophy, goals and objectives; improvement plans in the areas of: teaching and learning; program change; staff development; increasing parental and community support; improving drug free schools and communities; improving governance, accountability and management; benchmarks and monitoring plans; and incorporates the Comprehensive School Health initiative. To a large extent these Reform Plans helped the schools to begin planning for the conversion of their BIA-operated schools to Grant schools as authorized by Public Law 100-297. 635

The ~IA-:<>perated schools on the Navajo Nation experience similar problems of the Bureau ~chools_ nabonw11le such as poor or obsolete classroom equipment, outdated books, limited mstructional supplies, and unsafe or unsuitable education facilities. Therefore, NASBA continues to advocate and promote the unique mission of these schools to pr,ovide education programs aimed at the highest achievement level in a safe environment for Native American children and youth. These "at risk" student population from so many social ills can particularly benefit from culturally sensitive programs of education and residential services. To achieve the mission of NASBA, the Executive Board with the endorsement of the local school boards has developed a five-year strategic plan to serve as a planning and budgeting guide. NASBA'-S RECOMMENDATIONS TO THE ADMINISTRATION'S BUDGET FOR INDIAN EDUCATION

Generally, NASBA is pleased with the Administration's request for Indian education funding for fiscal year 1998; however, we are concerned with some specific items as described below.

Indian Schools Equalization Program (ISEP) Our foremost concern is to assure that the core funding for school operations, the ISEP formula funding, remain above the FY 1997 enacted level as requested by the Administration. NASBA is particularly pleased that the Administration requested a $10.5 million increase for ISEP or a $3,094 Weighted Student Unit (WSU) value which is a significant investment within school operations. The enacted FY 1996 ISEP funding level provided a $2,904 WSU value and a $3,075 estimated WSU value provided in the FY 1997 enacted level. The ISEP increase is important to meet the special teacher, ~unselor and staff requirements and the projected 3 percent increase in student enrollment. It is also crucial to maintain the integrity of the ISEP formula. NASBA recognizes the fiscal constraints, but strongly urges the Subcommittee to accept the Administration's $292.2 million request for ISEP.

Administrative Cost Grants Nationally, there are 105 contract/grant schools and 82 BIA-operated schools. Forty-nine of the 82 BIA-operated schools are on the Navajo Nation. In response to the federal budget cuts, BIA reorganization initiatives, Navajo Nation government plans to block grant federal services, and Goals 2000 school reform initiatives, local Navajo schools boards are exploring opportunities to gain a greater controfof their local schools as authom.ed by federal laws. As a result, 10 local school boards have been approved by the Navajo Nation Intergovernmental Relations Committee to convert their BIA-operated schools to Grant schools under P.L. 100-297 to begin July 1, 1997 . . NASBA anticipates that most of the BIA-operated schools would convert to contract or grant schools by the year 2002. The Administrative Cost Grants is critical to enable the local school boards to operate their grant schools without reducing direct program services to the Navajo students.

NASBA appreciates the Administration's request for a $2,550,000 increase above the FY 1997 enacted levels for Administrative Cost Grants: however, we are concerned that this increased funding request is not sufficient to cover administrative cost expenses for additional BIA operated schools on the Navajo Nation converting to Grant schools in FY 1997 which is estimated at $4,139,264. Moreover, the conversion of BIA-operated schools to Grant schools require severance pay to federal employees. NASBA stress that severance pay dollars should not come from the Administrative Cost Grants which are primarily needed to defray conversion and overhead costs, but additional funds should be included for severance pay.

It is very important for a sufficient Administrative Cost Grants funding for local school boards seeking to improve and cost-effectively operate their local schools. It is equally important to fund all grant schools nationwide at 100 percent of the amount derived by the administrative cost

2 636

formula. NASBA urges the Subcommittee to include an additional $1,589,264 above the President's request for Administrative Cost Grants and an additioµal $5.7 million for severance pay to federal employees of the IO Navajo schools converting to Grant schools.

New School Construction - Many Farms High School is in the heart of the Navajo Reservation serving 450-500 Navajo students from an attendance area of 11,000 square miles. One-half of the student population ride the bus or walk to school and the other half are residential students. Many Farms High School suffered structural damages in the 1980's. Since January 1987, students have been attending classes in used portable buildings with outside restroom facilities, poor heating and cooling systems, no enclosed hallways and leaking roofs which poses potential risk and danger to the 1>tudents and faculty. The Many Farms High School is a necessary facility to the home locations geographically and due to the economic factors related to their residential and academic program needs. NASBA strongly urges the Subcommittee to include the Administration's request of $14 million for the construction of Many Farms High School. Student Transportation The dollars allocated for school transportation is $1.58 per mile for the Navajo Nation BIA- operated schools which is sharply below the national dollars per mile average for public schools which was at $2.92 per mile.· The dollars allocated in SY96-97 for BIA-funded schools nationwide was $1.60. The BIA Transportation Task Force has recommended $3.16 per mile as an adequate cost per mile for rural and isolated reservation-based schools. NASBA appreciates the Administration's request for an additional 20 percent weight under the current distribution formula for miles driven on unimproved roads. However, it would be most appropriate to raise the per mile expenditure level to the national school average. Moreover, the GSA three year moratorium on price increases has bee!} lifted, resulting in expected increased costs. Given the geographic remoteness, the increased funding level is needed to replace worn-out buses, fund bus driver training, purchase fuel and upkeep of busses. Because of the many miles and extensive dirt road conditions on the Navajo Nation, buses often are tom up particularly the axles, suspensions, transmissions and tires. NASBA appreciates the Administration's $2.6 million increase above FY 1997 funding for student transportation and urges the Subcommittee to maintain, at a minimum, the Administration's request

Education Facilities Operations and Maintenance The Administration's $500,000 increase above the FY 1997 enacted levels for Facilities Operations and Maintenance is seriously below the actual need for our schools. The addition of more than 800,000 square footage of new and renovated facilities (includes Navajo schools such as Lake Valley, Pinon Dormitory, Rough Rock Community School, Nenahnezad Boarding School, Toadlena, Chinle Boarding School, Pueblo Pintado, Cottonwood School, Many Farms and Seba Delkai) would require an additional $3,147,881 in facilities operation and maintenance funding in FY 1997. If all the new square footage were to be funded, the facilities operation and maintenance funding for all Bureau funded schools would have to be reduced on an equitable percentage basis. Instead of funding all new square footage space, the Administration plans to institute an "open season" concept for receiving through final approval of applications for new facilities space to be included in the Bureau's budget If approved, schools would know two years in advance that the additional space being requested is in the Bureau's budget. This means that applications can be denied and those applications that are approved would not receive any additional funding for the new space until at least two or more years. In the meanwhile, schools continue to operate with minimal operations and maintenance dollars. The Facilities Operations and Maintenance funding is already at a serious low level. Any decrease in funding would seriously limit the important functions of the BIA schools such as heating, boiler room maintenance, trash removal, sewer and other utility line maintenance. Any inadequate operations and maintenance of schools would only lead to more serious damage to the facilities, thus increasing cost to repair- these facilities.

3. - 637

NASBA appreciates the added square footage of space for BIA-funded schools including Navajo schools, but we are concerned that all BIA funded schools would continued to be funded at a very low level or have to wait several years for additional funding to cover the added space. NASBA strongly urges the Subcommittee to fund Facilities Operations and Maintenance above the Administration's level of request Institutionalized Disabled NASBA is concerned that $800,000 for the Navajo Institutionalized Program serving Navajo students with speciali7.ed therapeutic needs was reprogrammed for other needs. NASBA supports the Administration's $3.737 million request and urges the Interior Subcommittee that the Institutionafu:ed Handicapped funding for the Navajo schools be restored to provide the important speciali2:ed services. Early Childhood Development NASBA supports the Administration's $5.471 million request

Area/Agency Technical Support NASBA supports the Administration's $7.032 million request.

School Statistics ADP NASBA supports the Administration's $700,000 request. Tribally Controlled Community Colleges NASBA supports the Administration's $30.411 million request which partly funds the Navajo Community College. ·

Education Program Management NASBA supports the Administration's $2.074 million request.

Education Personnel Services NASBA supports the Administration's $1.921 million request. Post Secondary Schools . NASBA supports the Administration's $12.682 million request.

Special Higher Education Scholarships NASBA supports the Administration's $1.337 million request.

CONCLUSION

In this period of federal fiscal constraints, the Navajo Area School Board Association is continually seeking alternatives to assist local school boards to better serve their students in BIA- operated schools. IDtimately, NASBA envisions the development of a Navajo education system with a Navajo-centered curriculum and emphasis on local parent and community participation, yet at the same time maintaining the promise of the federal government to provide education for all Navajo youth. It would be extremely unfortunate if changes in federal Administrative policy or in · the Congressional appropriations legislation was to weaken or undermine the programs and services of these important schools and dormitories. NASBA strongly urges the Interior Subcommittee to fund important Indian education programs at sufficient levels.

4 638

BLACK MESA COMMUNI'IY SCHOOL P. 0. Box97 Pinon, AZ 865 IO (520) 674-3632

STATEMENT OF GEORGE CUKRO, EXECUTIVE DIRECTOR BLACK MESA COMMUNTIY AND SCHOOL OF THE NAVAJO NATION SUBMITTED TO THE HOUSE INTERIOR APPROPRIATIONS SUBCOMMITEE REGARDING THE BUREAU OF INDIAN AFFAIRS BUDGET FOR FISCAL YEAR 1998

March 6, 1997

My name is George Cukro and I represent the Black Mesa Community School, a K-8 Grant School located on the Navajo Nation Reservation in northern Arizona. We are a rural Native American community within the Black Mesa Mountains, on unpaved route 8066. The nearest post office is in Pinon, Arizona, 25 miles south of Black Mesa.

We appreciate the opportunity to submit our statement on the proposed FY 1998 Bureau of Indian Affairs budget. My testimony will focus on Navajo children, their education, and the facilities that are needed for them to obtain the rich resources that are available in ways that most take for granted. In summary those needs are:

• adequate teaching facilities and a safe road to the school; • a dependable, efficient telephone system; • capability to access the internet and on-line computer services; • adequate, safe housing for instructional staff.

The Black Mesa Community School opened in 1976 in used trailers converted into small classrooms. Later, the Bureau of Indian Affairs constructed a small school building consisting of four instruction classrooms, a library/ conference room combination, an all-purpose room with an attached kitchen, a small office unit, and 2 student restrooms. The school was built to house 80 students but we have grown to more than 100 children. Since 1991, our student population has been consistently averaging 100 students, as follows:

1991 100 1992 92 1993 112 1994 98 1995 105 1996 105

School Boord M~moo~ # A1iae Ro. # Wil- Gillmore # &..Li, Yellowl. Sr. . 639

Black Mesa Testimony BIA FY1998, 03/06/97 Page2 The needs of Black Mesa's children are not any different than kids who live in large metropolitan areas. We are, however, restricted in meeting those needs due to our isolation, lack of outside resources, limited housing, and no phone lines.

Overcrowding

We have applied for grants to build additional modular classroom buildings to help meet the children's needs, but to date we have not even received . acknowledgment that they were being considered. To serve an ever increasing student population, we have had to _combine several grade levels into single classrooms. This limits our cap,adty to provide a well-rounded curriculum for our children such as shop, home economics and arts. Clearly, these are classes that most children take for granted throughout America. In order to adequately provide for our students, we need:

:_ Two additional classrooms to reduce the·pupil/te~cher ratio in classes that are currently combined across grades bec_ause of our limited facilities,. · - Two classrooms for pre-vocational training for our middle school students: One room would be used for a wood working shop, as well as for cultural arts. The second room would be used for home economics, including cooking, sewing, home management and life skills. -- One computer lab for technological training and internet access. -One classro_om for advanced instruction for gifted and talented students.

Unsafe Road

At present, the unpaved road limits access to Black Mesa School. If there is an emergency, help is a long time coming. It is often dangerous for buses and parents to navigate 12 inch ruts, mud, snow, and ice. Consultants who come to our school for staff development would rather pay the expense of renting a car than pay the repair bills for replacing tires, shocks, windshields, motor mounts and wheel_ bearings. Believe me when _I tell you that I am not exaggerating.

For the health and safety of our people, especially the children, we· need funds to lay gravel on the unpaved road and maintain a consistent rep

Technological Needs

The utilization of modern technology is the only way possible to provide for the health and educational needs that will offer Navaj~ children the opportunities enjoyed by other children in this country. We at Black Mesa have committed to the

40-073 97 - 21 640

Black Mesa Testimony BIA FY1998, 03/06/97 Page3 use of technology in linking our local educational standards to the national, state, and Bureau of Indian Affairs standards.

We need your help in obtaining for our school a modem communication system. Black Mesa School has the only available telephone for the people in a 25- mile radius. This phone is operated by radio waves and is very unreliable. There are days when the phone goes out for hours at a time. ff we ever had an emergency during one of those blackout times someone might lose their life. A dedicated phone line would not only provide a more reliable communication system for the health and safety of the Black Mesa community, but we could also be linked to the rest of the world technologically. Most Americans now have the world at their fingertips, but Navajo children at Black Mesa struggle to utilize the 10 computers we were able to purchase.

With a dedicated phone line, our students, too, will be able to access database services including the internet and on-line computer services which can provide a rich learning experience for our children. We have committed ourselves to use technology to provide ow; children with modem opportunities. We are already moving in that direction, but we cannot accomplish this goal without your help. Staff Housing

The housing for the teachers of Black Mesa School is woefully inadequate. Staff are currently housed in four trailers which are 10 years old, and 5 houses which are approximately 30 years old. Due to the age of these units, they are in need of refurbishing, replacement of appliances and have little or no heat during the freezing winter months. We ask you to re-establish a recurring education quarters construction budget in order that we can provide decent, safe and affordable housing for our staff.

On behalf of the Navajo people living at Black Mesa, I wish to thank the Committee for listening. These matters may seem simple and of little consequence, but they are of monumental concern to us. We are isolated, but we hope that you will assist us in obtaining the essentials of life that are taken for granted by other Americans. President Clinton has stated he was committed to excellence and technology for .all American children. I believe all of you in Congress would agree that all of America's children should be well:.educated for the twenty-first century. Please do not leave the children of Black Mesa behind. Again, thank you for your support. 641

TESTIMONY OF ERIC R. DAVENPORT, CHAIRMAN INTERTRIBAL MONITORING ASSOCIATION ON INDIAN TRUST FUNDS

REGARDING THE FISCAL YEAR 1998 BUDGET REQUEST FOR THE OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS

SUBMITrED TO THE HOUSE SUBCOMMITTEE ON INTERIOR APPROPRIATIONS

March 20, 1997

The Intertribal Monitoring Association on Indian Trust Funds (ITMA) submits this statement in support of the Administration's FY 1998 budget request for the Office of Special Trustee for American Indians within the Department of the Interior. While we support the budget request, we also want to make it clear that an appropriation of the $39.3 million which has been requested will not be sufficient ,to enable the Special Trustee to implement the trust fund management systems which are necessary to correct the century of mismanagement of Indian trust funds and assets.

The Intertribal Monitoring Association on Indian Trust Funds is an organization composed of 34 Indian Tribes which represent over 80% of the trust funds managed by the Office of Special Trustee. ITMA was created in 1990 to monitor federal efforts to improve management of Indian trust funds and to keep the Congress and the trust fund account holders more fully informed. Among the tasks charged to ITMA by our member tribal governments are preparing tribes for account settlement by providing analysis of the reconciliation reports and techni<;al assistance in analyzing tribal specific reports; assisting in the development of objective, fair and acc_urate methodologies for the reconciliation of the IIM accounts; and obtaining tribal input on continued implementation of the Trust Fund Management Reform Act.

ITMA supports the proposed FY 1998 level totalling $39.3 million, an· increase of $5.2 million over the FY 1997.level. The $5.2 million requested increase would provide additional resources for trust systems improvements, but is far short of the funding needed to implement a plan to correct the existing flawed systems. ITMA also supports the proposal to increase staff of the Office of Special Trustee by 22 Full-Time Equivalent employees over last year, for a total staff of 310. 642

We appreciate the fact that the Administration's request contains $250,000 in FY 1998 for ITMA, however we must note that this amount is not sufficient for ITMA to be able to fully meet its responsibilities to Tribes, the Congress and the Department. Our experience since the formation of ITMA in 1990 tells us that annual funding of $400,000 is needed to enable-us to promptly and accurately monitor developments in the management of trust funds and provide timely information to the account holders and the Congress. We respectfully request that the Subcommittee consider funding for ITMA at the level of $400,000 for FY 1998. ITMA does not support the use of any of the funding requested for FY 1998 for purposes of litigation. The Department of Justice has the responsibility for representing the Department of the Interior in any litigation. We see no justification for talring the scarce resources that are so desperately needed to implement improvements in the management of the trust funds and diverting them to defray any of the costs or expenses incurred by the Department of Justice in its defense of the past mismanagement of the trust funds.

The objectives ahead in FY 1998, as the Office of Special Trustee and Office of Trust Funds Management continue trust management reform efforts, are demanding: putting in place an accounts receivable system to track, collect and account for funds derived from Indian trust assets, and an automated accounting system for IIM accounts. ITMA has strongly advocated that adequate resources must be made available to the Special Trustee for the necessary systems and personnel -- including building the infrastructure required for the daily collection, investment, accounting, and disbursement of trust funds -- to accomplish the required management reforms. Until these and other reforms are completed, the government's ''breach of trust" to tribal and individual Indian account holders continues and the federal government's liability increases. In fact, until these reforms are achieved, the Department remains in violation of the provisions of the American Indian Trust Fund Management Reform Act.

In addition, the Special Trustee is holding consultation meetings with tribes throughout the country on his draft Strategic Plan. Elements one through eight of Phase I of the draft plan are supported by ITMA. We have concerns with element nine of the plan, which calls for the transfer of all trust functions and the related funding to the American Indian Trust Development Authority (AITDA). We believe that the AIDTA element of the Strategic Plan needs more thorough thought and note that it has been strongly opposed by most Tribal governments. We have not had sufficient time to consider elements ten through sixteen of the draft plan.

Phase II of the draft Strategic Plan calls for the creation of a Development Bank. This portion of the plan is virtually identical to the proposal for a comprehensive settlement which has been proposed by the Special Trustee's 643

Advisory Committee. ITMA does not support the establishment of a Development Bank as part of a settlement at this time for a variety of reasons, not the least of which is a concern about how such an institution would be capitalized and owned.

ITMA has reviewed the settlement options which were proposed by the Department on December 11, 1996. ITMA has officially taken a position opposing those options. We understand that the Department is refining a proposal for a comprehensive settlement of trust fund mismanagement claims based on consultation with Tribes during January of this ·year. We will, of course thoroughly review any such proposal when it becomes available. However, if it contains the options identified in the December 11, 1996 proposal ITMA will oppose it because of its inherent unfairness on a host of issues ranging from the payment of interest to the netting of amounts deemed to be due to or due from Tribes as a result of the reconciliation project. As we have stated previously, the task before all of us right now is to repair the system for management of the trust funds. Very few, if any, of the account holders have sufficient and reliable information at this time on which to base a reasoned judgment about settlement.

ITMA believes that the emphasis for the use of federal resources should to be on fixing existing management systems, so that account holders will have reliable information and the possibility of new claims against the federal government will be minimized. We are committed to doing everything we possibly can to assist the Congress, the account holders and the Special Trustee to complete this important work and bring the management systems into compliance with the Trust Funds Reform Act.

/ The Intertribal Monitoring Association on Indian Trust Funds looks forward to continuing to work with the Office of Special Trustee, the account holders, and the Congress to support efforts to improve management of Indian trust funds. We believe that we all share a common vision--That tribal and individual Indian account holders should achieve the simple· justice any other citizen would expect from the institutions, be they commercial or governmental, entrusted with the management of their money: a fair accounting and a fair · · return. 644

LYTTON RANCHERIA • Lytton Band of Pomo Indians p" T X T X '.i Ji Ji Ji - 1250 ·coddingt~wn Center • Suite 1 • Santa Rosa, California 95401 (707) 575-5917 • Fax (707) 575-6974

TESTIMONY

OFTHE

LYTION RANCHERIA/LYTION BAND OF POMO INDIANS . OF CAIJFORNIA ·

SUBMifflD TO THE HOUSE COMMITTEE ON APPROPRIATIONS SUBCOMMITTEE ON INTERIOR AND RELATED AGEN~ . . . REGARDING THE 1-Y 1998 BUDGE!' REQUEST FOR THE BUREAU OF INDIAN AFFAIRS ·.·

DATED: MARCH 17,"1997.

The Lytto~ Rancli~ria/Lytton· B~d of .Porn~ Indiam wishes to' subn_ri~ t~·testimony fu~ . the record regarding the Fiscal Year.1998 budget for programs in the Bureau of.Indian Affairs. Specifically, we express gar' support for the requested~ 4.Million increase for· the s~ and Needy Tribes Program, for a 'proposed 1-Y 1998 total of $ 8 Million. ·. · Located·~ So~oma County, Lytton Rancheria is·~ neii~--resto~~ ·. .f-· . Tribe [.SCO/ts' Valley Band ofPomo Indians, et al vs. United Stales al, America et al. .llSIK .. . Na Cig. Na C-86-SQBQ-ww:s;· Sept 6, 199,1/. The Tn"be has been reinoved from federal . · services for the past thirty years -- the efforts to restore .our status as a _Tribe spans a . . . period of ten years, five of which were spent in_litigatial members due to alcohol and related illnesses or acc_iden~; and the destruction of hope. · ·

The Tnl,e is currently landless, comprised of approximately 200 Tribal members, and governed by a Council consisting of seven Tribal Officers, elected on May 14, 1995. Mrs. Margie Mejia is the current Chairperson and representative o( the Tribe. The Tribal membership. is 4 796 male and 5396 female, of these 4096 are adults and 6096 are children under 18. Tribal member residences are primarily in Sonoma County (5796), followed by Del Norte County (2796), with the remainder scattered throughout the State of California and the contiriental United States (1696). . . The Tribe plans to empo~er its constituents through education and training. The general --, membership approved a constitution on January 20, 1996, to establish laws that the Tnl>al members have agreed to live and abide by. Other empowering documentation which has recently been developed and is currently being utilized include: Enrollment Manual, Election, Enrollment and Voting.Procedures Code, Tribal Government 645

Tribal members have agreed to live and abide by. Other empowering documentation which has recently been developed and is currently being utilized include: Enrollment Manual, Election, Enrollment and Voting Procedures Code, Tribal Government Operations Manual, Tnbal Court Procedures and related codes. The Tnbe is willing to devote its time, energy and resources in order to become self-sufficient. ·

Currently, the Tribe operates under several grant programs sponsored and overseen by the BIA, IHS, HHS, ANA, EP~ etc. A Library Services Grant provides publication materials needed for education and advancement. A Health Services Grant provides for the position of a Community Health/Alcohol Abuse Prevention Worker, which the Tnbe only recently hired and expects to have a fully operational program running within three months. Other programs educate and support our leadership (ANA, ATG), tend to the health needs of members (SCIHP, CRIHB), our children OCWA) and empower us with the ability to create our own economic development project(s) to ensure our future self-· sufficiency and self-sovereignty (ANA, ATG, BIA Multi-Year). Since we are a landless Tribe with critical needs in the area of land acquisition and housing development< I would recommend that funding for the Native American Housing Assistance and Self- Determination Act of 1996 (P L 104-SSO) be increased to $ 850 Million for funding all · Tribes. In addition, I woul~ like to have monies set aside within the bill for small and needy TI?-bes funding.

Without continued funding, especially in the crucial formative years for new Tribes, our membership will stagnate and revert back to the downward spiral of life quality · experienced by so many Native Americans for so many years.

SUBMITTED BY:·

H C>RAB~GlE MFJIA, CHAIRPERSON LYTION RANCHERIAILY'ITON BAND OF POMO INDIANS

LY"ITON RANCHERIA/LYTl'ON BAND OF POMO INµIANS Testimony, Page Z 646

ALASKA LEGAL SERVICES CORPORATION REQUEST FOR APPROPRIATION FOR FISCAL YEAR 1998

The following request is for an appropriation of $300,000.00 to the Bureau of Indian Affairs (BIA) budget for Alaska Legal Services Corporation (ALSC) to provide legal services to Alaska Native allotment clients. The federal iovernment has a trust responsibility to Alaska Natives and that res:eonsibility has 1ts greatest force in the protection of property rights. ARuilarv. United States, 474 F. Supp. 840, 846 (1979). The federal ~overnment often finds itself in a conflict of interest position concerning public lands and cannot represent the claims of Native allottees. The government has contracted with ALSC to provide legal services for Native allottees to remedy the conflict of interest problem. An appro:priation to the BIA's budget for ALSC will ~arantee that funds are available to provide continuing legal services for Alaska Natives.

I. ALASKA NATIVE ALLOTMENT ACT

In 1906, Congress enacted the Alaska Native Allotment Act to protect the lands of Native Alaskans from encroachment by non-Natives. By the late 1800's a substantial number of non-Natives had recognized the resource potential of Alaska and were already exploiting the country. It was obvious to Congress that unless the Natives had legal title, miners, settlers and other non-Natives could trespass, even expropriate, Native lands with impunity by purportin~ to perfect independent title under other federal laws. Given their ignorance of legal procedures and the distance of most Native lands from a court, it was predictable that the Natives could not retain land holdin~ through the slender thread of protection offered by aborigmal possessory rights.

D. CAsE, ALAsKA NATIVES AND AMERICAN LAws 136 (1984) (citing S. Doc. No. 101, 59th Cong. 1st Sess. (1906) and H.R. Rep. 3295, 59th Cong., 1st Sess. (1906)). In an effort to remedy this problem, Congress passed the Alaska Native Allotment Act of 1906, enabling Alaska Natives to obtain title to a portion of their traditional subsistence lands. Although enactment of the Allotment Act provided a potentially important mechanism for protecting Native lands, "it also carried with it an administrative disadvantage of particular importance: it was not self executing and Native people were not sufficiently informed of the procedures necessary to make such applications." Barrv. United States, No. A76-160, slip op. at 5 (D. Alaska Jan. 17, 1980). The United States government's failure to affirmatively implement the Allotment Act, combined with cultural and language barriers and the isolation of most Alaska villages, resulted in very few allotment applications being submitted until shortly before the repeal of the Act in 1971. Olympic v. United States, 615 F. Supp. 990, 994 (D. Alaska 1985)(quo_!i!lg legislative hisiory). By way of illustration, the Bureau of Land Management (BLM) issued only eJghty Native allotments, most of which were in southeastern Alaska, during the first fifty-four years of the 647

Allotment Act, from 1906-1960. United States v. Atlantic Richfield Co. 435 F. Supp 1009, 1015 (D. Alaska 1m). The impending passage of the Alaska Native Claims Settlement Act (ANCSA) in 1971 made implementation of the Allotment Act increasingly important since ANCSA would repeal the 1906 Act. A coordinated drive among various agencies and organizations reached many Natives entitled to file claims. That drive produced a flood of applications in the months prececlin2 repeal of the Allotment Act. Olympic v. United States, 615 F. Supp. 990, 994 (D. Alaska 1985); D. supra at 143. The enormous number of applications received, combined with the government's inability to implement the Allotment Act allowed non-Natives to make substantial encroachments upon the land the Act was designed to protect.

Since ANCSA repealed the 1906 Allotment Act, an allottee must have filed an application with the Department of the Interior by December 18, 1971. It is now 25 years since eligible allottees filed their applications. The sad truth is that many allottees have died or are in poor health an,r unable to present evidence in support of their claim. AI.SC wants to insure that allottees receive the legal assistance necessary to advance their claims. A line item appropriation in BIA's budget for $250,000.00 would guarantee that the necessary legal services would be provided.

IL CURRENT NEED FOR APPROPRIATION

AI.SC is a private, non-profit corporation that provides legal services for people who are financially unable to afford it. AI.SC has six offices located throughout the State of Alaska. A local client's counsel reviews the priorities for each one of AI.SCs offices which are then adopted by AI.SCs Board of Directors. Native allotment work constitutes one of the top five priorities in each one of AI.SCs offices.

The need for an appropriation for fiscal year 1998 to fund legal services for Alaska Native allottees is more critical than ever. For over sixteen years, AI.SC has contracted with the BIA to provide legal representation to Alaska Native allottees. During the years of contracting history between AI.SC and the BIA, the specifics of the work has varied depending on the terms of the contract. In the past several years it has been increasingly difficult for AI.SC to obtain funding from the BIA through the Attorney Fees Committee pursuant to 25 C.F.R. Part 89.

25 C.F.R. Part 89 is designed to provide le_g_al representation to and for those whom private counsel is not available. Using these monies does not adequately protect an allottee's rights. The monies from Part 89 are to be used for tribal claims against the government or claims pursuing the everyday business of the tribe. Individual Alaska Native allottees cannot compete for the limited funds provided for in the regulation with the numerous tribes from the lower 48. In the past, the Attorney Fees Committee has balked at AI.SCs requests for fees to continue to represent all individual allottees in their claims.

Because of the Attorney Fees Committee's ambivalence concerning the . rights of Native allottees, last year's appropriation to BIA for AI.SC to continue to provide legal services to allottees was designated as tribal funds, not attorney fees . money. Kawerak, Inc., (Kawerak) a non-profit Native organization in Nome, Alaska, requested the funds from the BIA under its Compact of Self-Governance.

ALSC APPROPRIATION RooUESI' PAGB 2 OF 3 648

The funds were then available for Al.SC to contract with Kawerak and Al.SC was able to avoid the .burdensome Attorney Fees Committee procedure. The terms of the contract between Al.SC and Kawerak allow for Al.SC to represent .wl. Native allottees throughout the State of Alaska at administrative and government contest he~ and provides for representation before the Interior Board of Laud Appeals (WI.A) and in federal court. In addition, the contract allows reimbursement for time spent advocating before administrative agencies, assisting with settlement of Native allotment claims, and participating in meetings concerning allotment policy and procedures. In 1996, Al.SC continued to represent Native allottees at administrative hearings and government contests. During calendar year 1996, Al.SC represented allotment clients at six separate administrative trials. Each administrative trial requires briefing after the trial was completed. Four other cases were set for trial but were settled or postponed prior to the trial date. Al.SC represents allottees before the IBI.A when BLM issues a decision denying an allotment claim or when a third party appeals BLM's determination that an allotment claim is valid. In 1996, Al.SC filed six appellate briefs with the IBI.A; this number does not reflect the number of briefs following any of the hearings conducted over the course of the year. Al.SC also represented six Native allottees in federal court concerning their allotment claims. In addition, Al.SC petitioned the Secretary of Interior to review and overrule two Department decisions concerning legislative approval and the "statutory life" regulation. The Secretary's review of these decisions could favorably impact hundreds of Native allotment claims. The contract between Kawerak and Al.SC has eliminated almost all of the problems that ALSC encountered in the last few years attempting to obtain money through the attorney fees committee. The contract has also allowed Al.SC to represent allottees based solely on the merits of their case and not on their financial situation. ALSC requests that an appropriation of $300,000, an increase of $50,000 from last year's appropriation, be added to the BIA's budget as tribal funds. This increase is necessary to fund the additional services that Al.SC is able to provide under its contract with.Kawerak. . This request for $300,000 represents the minimum necessary to conduct hearings and appeals on behalf of Native allottees during a calendar year. Besides providinJ the mmimum amount of resources to represent allottees, an annual appropnation would add a needed measure of stability in ALSC's planning for representation of future allotment clients. We request that the Committee include an appro:{>riation to the BIA's budget as tribal funds for Alaska Legal Services Corporation to insure the continued representation of all Native allottees in the State of Alaska

.AISC APPROPRIATION RF.QUFSI' l>AGE 3 OF 3 649

HAR-17-97 HON 11 : 22 ---...../ P. 01

BRISTO~ BAY NATIVE ASSOCIATION P.O.BOXJl0 DIU.JNGBAM, AU.SKA "576 _ PBO~"E (!I07) B42-ffl7

Sa"ldb)'IIINA. -~ March 12. 1997 Akllnoi:"' C'lll&all.h> Qlplll.qooll Chamnan Ralph Regula

CWpl:LGD Sub-Committee on Interior Appropriations

Clushim B·30S Rayburn Hoa· Washington, D.C. 20S1S..(i023 Dlllo;bla lpaik - Dear Chainnan Regula,

0.11 behalf of the constituents of Bristol Bay Native Association and in particular those who require legal rq,rcscntation relating to their Native allotriumt applications that have legal challenges, respectfully request your support for the appropriation ofS300,000.00 for Alaska Legal Services. It is imperative that these applicants have equal access to the law. Alaska Legal Services has, historically, provided the legal representation for folks that would have otherwise have bcc.11 denied due proces&. _ ...... Thank you for your attention and consideration in this important issue . _..... Sincerely, -hl)'ll,at T?;~ffe~ Chief Executive Officer -l'ldrlllla, l'llalr.ia cc Senator Ted StcvCllS Representative Don Young --..... Old< 'hlla 'llolollllk-- u..- 650

Yakutat Tiingit Tribe · P.O. Box 418 Yakutat, Alaska 99689 (907) 784-3238 Fax: (907) 784-3S95

November 14, 1997

Chainnan Ralph Regula Sub- Committee on Interior Appropriations B-308 Rayburn HOB Washington, D.C. 20514-6023

The Yakutat Tlingit Tn"be's Realty Program is heavily involved in a number pf Native Allotments in the Yakutat Area. These allotments are in various stages of going through the process of being either pending, approved and /or certified. There arc a myriad of legal issues that need to be addressed before many of these allotments can proceed any funhcr, and it is vital that our tribal allottees have the legal resources to be adequately represented. Many do not have their own resources to seek the necessary legal help. Alaska Legal Services has always been valiant in providing these services to our tribal members.

The Yakutat Tlingit Tn"bes supports the Alaska Legal Services request for an appropriation ofS 300,000 for fiscal year 1998 so it can continue to provide legal services to many Native allotces, not only for the people from our community but in other pans of Alaska as well.

We appreciate your support in this matter. If you have any questions please feel free to call me at (907) 784-3994.

~e~y, . £7, Bert Adams, Sr. President 651

~,._,,___111.0 YAKUrAT-TLINGITl'RIBE VdllllitT'lq!ITllba P,O,loxJ.a V.....,AK.INU

March 14, 1887

Chalnnan Ralph Regula _ Sub-Commmee on 1mertor Appropriations 5-308RaybumHOB Washington, D.C. 20515-8023

Dear Mr. Chairmen:

lul,JNt: ltlppo,tlettar,-.AIMlm Ypl8olvlo09

As the Really Officer for the Yakutat Tlinglt Tribe and wortdng directly With the Alaska Legal Servloes, I find the Alaska Legal Services a very lmp0rtant and vftal segment of our quest to achieve title for the applicants Who have applied for allotments within our Yakutat area. Without their continued support and detennlnation to assist the appllc:ants or the heirs of past appllc:ants for allotments, we would be unable to acquire the legal assistance needed to ad\lance the allotments In a timely manner.

We have appllcatlons for fifty-five allotment parcels broken into four different categorfes; (1) closed, (2) pending, (3) approved and (-4) Certified Allotments. These are almost all in need of legal assistance at some time or another within each phase pnor to receh1lng tltle. The allotment applicants are nonnally within or near the poverty level and can not afford to hire an attorney for the very specific legal work required, This is our greatest need and without the aid of Alaska Legal Services, nothing on aUotn:ients would be finished of oompleted.

The Alaska Legal S81Vlces accomplish more legal services to and ror the Alaskan People; espcc;lally for what they accomplish With the little amount of money they do rooeive. I believe that the Alaska Legat Services Should be appropriated the amount of one miWon five hundred thousand just to eliminate their backlog caused by understaffmg and overwort. or their employee's. If the federal govemment Is going to appropriate three hundred Thousand doUa,s to the Alaska Legal Sen,lces; Mombers of the Committee take your hat off and wave them over your head. YOU ARE GETTING A BARGAIN.

Please approprtate tt,e needed capital tor 1998 to the allow the Alaska Legal serv1ces lo continue to assist our people for the legal work that would be uruwailable to them If It wasni for the Alaska Legal Services. Thank You. Sincerely, .. ~-·.7 wa'~- ,~·· CC: ~e~ntaUYe Don Young

Senator Ted stevens

40-073 97 - 22 652

'll.nitd 'llillatJes, In&. _ P.O.Box37148 Toksook Bay, Alaska 99637 Ph. (907) 427-7827 (907) 427-791S

OP'T10IW. FORM 1111 (7~ FAX TRANSMITTAL March 13, 1997

Ralph Regula, Chairman Sub-Committee on Interior Appropiations B-308 Rayburn HOB Washington, D. C. 20,0515-6023

Dear Mr. Regula; I, on behalf of the United Villages, Inc. (Hereinafter "UV!") Board of Directors, or the Policy Making Board, am writing this letter in support of the ALASKA LEGAL SERVICES in their endeavor for the appropiation they are proposing to continue to provide lei3,l services needed for Native Allonees. The ALASKA LEGAL SERVICES is like the back.bone to the rural residents since they have provided legal/technical assistance to ,those who arc financially unable to afford it in the state/federal maners. This corporation performs varied legal cases in providini services in coordinating the legal matters towards the oral hearings of cases involved.

We strollgly support ALA.SKA LEGAL SERVICES CORPORATION since they will carry on the federal government's trust responsibility to Alaska Natives since that responsibility has its greatest force in protection of property rights and Alaska Native allotments.

Sincerely. UNITED VlU.AGES, INC.

Moses A. Chanar - Admillistrative Executive Director cc: Senator Ted Stevens, 5S2 Hart Building, Washington, D.C., 20510 Representative Don Young, 1324 Longworth HOB, Washington, D.C., 20515 file 653

Maniifaq Association

P.O. Boa2S6 Kau•b-. Alalt• 99152 (901) 442-33Jl

March 12. 1997

Chairman Ralph Regula Sub-Committee on Interior Appropriations B-308 Rayburn HOB . . Washington. D.C. 20515-6023

Dear Chainnan Regula:

Maniilaq Association is in support ofan approptiation of$300,000.00 for Alaska Legal Services Corporation (ALSC) since their scrvi~ constitute a large:amoum !)fvillage legal representation and in our very large state. Within Nonhwest Arctic Borough, then: is no ALSC Office available nor is there one in the Nome Area. The closest ALSC office is l0;eated in Fairbanks AK. When if we were to travel (by air) is. 780 miles and at the cost ofS610.00 per trip.

We urge you 10 support the appropriation for Alaska Legal Services Cotporation for them to continue to provide legal ~ces to Native Allottecs.

Thank you.

Sincerely,

~o...&,.Q._ Joseph A. Ballot President/CEO cc: SenalOr Stevens Realty Services

MEMBF.R VILLAGES J11/1QQppaar. Nunarchillq, lp11art•hf/1'1, Karyaak, Ktvalintq. J.aupiik, QikiJ/rapz,k, Nauraaq, Nuu,vtk. Akullgaq, IIinnaq Ambler, Buckland, Dccri11g, Ki~na, Klv:ilina, Kubuk, Kot:tcbuc, Nu111.ak. Noorvik, Selawik, Sliunanak 654 Post Office Box 1232) Barrow Alaska -99723-1232 (eon as2-21&2 FAX (907) W-2~ Arctic Slope qNative Association Limited

March 13, 1997

Ralph Regula, Chairman Committee on Interior Appropriations B-308 Ray.bum.HOB Washington, DC 20515-6023

Dear Mr. Regula,

The Arctic Slope Native Association, Limited (ASNA) suppons the request of the Alaska Legal Services Corporation for the additional $300,000.00 for FY1997. In addition, we suppon an amendment to the ALSC's contract to provide legal assistance to all Alaska Native allotment applicants seeking title to their claims.

The Land Department of ASNA has worked very hard to provide assistance to allottces and now, in some cases, their heirs in pursuing their claims: The majority of the allottecs are elderly, indigent, have very little formal schooling and not proficient in the English language. The Bureau of Land Management (BLM) requirements for reporting and /or data collecting, deadlines and necessary documentation have been difficult for the allottces to understand. This has resulted in incorrect information being submitted so many claims have been rejected by BLM.

Assistance from ALSC is the best avenue for the allottees to receive legal counsel. ALSC is well versed in Native allotment law. They have provided a much needed service by representing the allottees. It is imperative for ALSC to receive the additional funding.

Thank you for your serious consideration to our request.

s , Ebon Hop,oo. I,. r ) 9& Executive Director _

cc. U.S. Senator Ted Stevens

Anaktuvuk Pass • Atqasuk • Barrow • Kaktovik • Nuiqsut.· • Point Hope • Point Lay • Wainwright 655

600 Third Street, Suite 200 • Fairbanks • Alaska • 99701-3569 • (907) 457-2762 • FAX (907) 457-2752

)Arctic Slope qNative Association, Limited

March 12, 1997

Chairman Ralph Regula Committee on Interior Appropriations B-308 Rayburn HOB Washington, DC 20515-6023

Subject Alaska Legal Services Corporation's request for appropriation for FY 1997

Dear Chairman Regula:

I wholly support the request that $300,000 be added to the BIA' s budget in order to fund Alaska Legal Services Corporation's continued legal services for Native allottees. I also support the request that ALSC' s contract be amended so that fil! Alaska Native allotment applicants requiring legal assistance in pursuit of their claims receive that assistance.

I have been working with Alaska Native allotment applicants in pursuing their claims for the past fourteen years and it has at times been a very frustrating and discouraging line of work. Many of the allottees are elderly, have not had the benefit of formal schooling and are not fluent in the English language. When they applied for their allotment, and later when BLM field examined their land, they did not always understand the questions put to them and this often resulted in incorrect information being submitted on their behalf and subsequent rejection of many of the applications. The allottees are afforded the opportunity to submit additional information, however, the letters informing them of this right are written in complex legal terms in english and often not ·understandable by the individuals. Furthermore, it is incomprehensible to them that while they have waited 25 years for the government to take action on their application they only have 60 days to respond or they will lose their claim.

Our task is to assist the allottees (or their heirs) to gather information and affidavits about the applicant's use of the land and present it to the Bureau of Land Management However, due to the long period of time that has passed, faded memories and the passing on of the elders, we can not always find sufficient information to prevent an administrative hearing or government contest In the event of a hearing or contest the Solicitor's Office is not able to represent the allottee because of a conflict of interest There are very few private attorneys in Alaska well versed in Native allotment law and therefore the only recourse for the allottee to pursue their claim is through the Al.SC. They have done an excellent job of representing the allottees, providing competent and timely advice on allotment issues and I believe that it is imperative that they be funded so that they can continue to help all of the individuals who need their assistance.

The ALSC's contract should be amended so that fil! Alaska Native allotment applicants requiring legal assistance in pursuit of their claims receive that assistance. Most of the allottees live in rural areas where the cost of living is extremely high. The current income guidelines for ALSC representation are unrealistic for Alaska where the necessities of life cost two to three 656

Chainnan Ralph Regula March 12, 1997 Page2

times more than in the rest of the country, for example, heating oil can cost $4.50 a gallon and winter lasts nine months or more on the north slope. No allottee should be denied the legal expertise which can only be provided by AL.SC because they are working to support their family.

Thank you for your consideration of this very important appropriation. If you have any questions, you can call me 907-457-2762. Thank you.

Sincerely,

Kathleen F:.Oickinson Land Director cc: Senator Stevens Representative Young Eben Hopson, Jr., Executive Director

Anaktuvuk Pass • Atqasuk • Barrow • Kaktovik • Nuiqsut • Point Hope • Point Lay • Wainwright 657

AVCP Association of Village Council Presidents P.O. Box 219 • Bethel, Alaska 99559 • Phone 543-3521

March 12, 1997

Chairman Ralph Regula _,...-:;;.~;c:- 0·;;:::.::::::-::;,-.;- -~:---=c-="'~~~~~ Sub-Committee on wterl~ ApprQP,ciatlori' [~ rm fr/,FFAt)'',1T '):~~... • , ;O[ 1\i[,t:118'·"~" -- -.>v 'W;J Ila/ ¾ B-30~ Raybu~JIOB(.~,'.it,S:~ ~·-, _:~:c.,..--==--- -!-!.fl&~fv. ~- Washington, D~C. 7P5!5;;:6023.,,,....~ - -~"-"--,--. ·--'11r-.y . 0earL~!t>/ :i\ ~,,,"<~,'t,~i\ 1. . 'l !.,y t~.~ ,.;n l ~?,:i ~, I • ·= ·'F ' ) 'tl \' 11/ A$_~~ia~6~ of Village Council President~,-~Iilc. )s~)vriting. this l~tte/cfu;§U~.ort of .AJas~~eg~tl"Services <:;orpo,ratio_n~s:r~uejfthat an appro'pria#on be ad~d t~J_~ B~reau of Indian Affairs budgetJor.$300,000. ,! ,, / . ! ( _..,-,·\ •., I/ v;_,_y/ .11 - .-,,,_ "-·~:,::.:• ,;;...-'c, "· (.)...,J/~-~:;,---,">. \ /, I , ·• 2 I I..__._J.'Y\- -...,__- • .:~S~ is_:~,pri~ate, 'non-profit corpo,rati~n;"~lt~iproyide's"'-legal senii_ces roi=},e~pl~ho\\are ! /fir#,ciaQy unable _t~_,~Qr~ legal repr~~t,atjo~~ --~tiye_ ·@o~er,.t. ~pr~-~~tu~3pnf of ;,t~e~p ~~--~v,9ji~_~)9:_~s~ -oL~~2!~ ~~.ffi~~j,to~~~\thro~~J~t ~!~_!atf o~~fa. \11~§.C ¥E~~~cted :-~~~:- __ :~~ovi~.~;:~~~~,~~epre~e~~tion tcr-:Alask~~a#ve \\all~ees\·~n any ady.erse dects1~nN>t~ct•~~~~~1?~1fl Nat~ye 1aQ_~~~~j -~~fe~~~al -~o~-~~~nt a trust res~~ns_1bilityi~q_ ~~tiy:e~ an1/ tpat i~~pg__~b~,~h~· its f~rce m-1~~ pro~ection· of property·gg!its.··"\~9 f~eriµ\gov~~nt often rfinds it~elf"-"in conflict-.of interest i, position concerning(·p!Jblic-·lands·',anq c¼-o{ represe~i the claims of Native allottees. , The .go'v~rnment has'._coJ!tra~ed' vAil;t~sc )o provide legal ,~. £'. N . all ·1 .:.t, h nfli't f. ..-c;,I 'ICJ' f sel'V\~~s 1.or ~t~ve ott~_s,~o-r~tJt e co ,;'!ct.,~,.:!f!t~~-p~~u e~. ,/ .fI 1 ALSC h~ reque~ted th~t an appropriatiol)._,o/ $30.0,000.00 be ad~ed..,to BIA'~;budget for ALSC to'.:,continue 'to provide legal s~r'vices -for'. the Native landowners ... /This amount represents-the minimum necessary to ·conduct hearings:a,nd··'appeals on-.:1,~half of Native -allottees during' a'. calender y~ar:. 'B~i,ci~~ :p_~9yiding ·a•·minimum aDJOti~t of resources to represent allottees/an._~ual appf~p,fiati~n,i"~q.wd add a nee,q~

CHAIRMAN RALPH REGULA March 12, 1997 Page2

not funded by monies from the Attorney Fees Committee. A line item appropriation in BIA's budget for $300,000 would guarantee that the necessary legal services be provided to Native allottees who need it.

With this letter, the Association of Village Council Presidents, Inc., hereby submits its support to ALSC's request that the Committee include an appropriation to the BIA's budget to insure the continued representation of all Native allottees within the State of Alaska.

Sincerely,

ASSOCIATION OF VILLAGE COUNCIL PRESIDENTS Ja kson Lomack; Ch~

cc: Senator:tk-t Stevens ATTN: Lisa Sutherland 522 Hart Building Washington, D.C. 20510

Representative Young ATTN: Cynthia Ahwinona 1324 Longworth HOB Washington, D.C. 20515 659

CENTRAL COUNCIL tlmc;1t ano h~0a mo1an tR1ses o~ ataska ANDREW P. HOPE BUILDING 320 West Willoughby Avenue. Suite 300 --Juneau, Alosl

March 13, 1997

Mr. Ralph Regula. Chairman Committee on Interior Appropriations B-308 Raybum HOB Washington. D.C. 2051S-6023

Re: Letter of Support-Alaska Legal Services Corporation

Dear Mr. Reg_ula:

Tam writing in support of the appropriation in the amount of$300,000.00 for Alaska Legal Services Cozporation to provide legal service to Native allottees.

Alaska Legal S~rvices Corporation is vital to the Native allotment program in representing the claims of Native allottees. Central Council of Tlingit and Haida Indian Tribes of Alaska serves Native allottees in JW1eau. Haines, Skagway, Tenakee, Hoonah, Wrangell, Angoon, Ketchikan, Saxman, Klawock, Craig, and Kasaan. Without the assistance of Alaska legal Services Corporation, many Native allottees would not have the necessary legal representation in hearings and appeals.

Thank you for your consideration and support

Sincerely, &. qs/L ~~,v-,,,e,-,...__. - EdwardK.. President

cc: Scnau>r Ted Stevens Representative Don Young

TFI . 907/586•1432 FAX 907/586·8970 TOTAL P.02 660

Native Village of Kotzebue A I u T Kotzebue IRA I L Post Office Box 296, Kotl.ebue, Alaska 99752--0296 K I I T Tribal govunnwu serving die l ,plufQikiJdllgruk - Q u -\.1...- FSI'ABLISBED 5 ,-a MAY23,1'39 ! - T

Resolution 97•78

A RESOLUTION IN SUPPORT OF THE ALASKA LEGAL SERVICES CORPORATION'S APPROPRIATION REQUEST TO PROVIDE LEGAi. S1':RVICES FOR NATIVE ALLOTTEES.

WHEREAS: lhe Narlve Village of Kow:bue Is en Alaska Native Village a-ganlzcd es an Indian Tribe pursuant Ill Ille provisions of the Fcdcra1 Indian Roorganization Act of 1934 as amended; aud

WHEREAS, the Kot7.cbue IRA Council Is the governing body of lhc Native Village of Kotzebue; and

WHEREAS: lhe Kol7.cbue IRA ascribes lO self-dctcrmlnarlon so as to felldc. all scivices to be more respollSlve lO lhe needs end desires of the NaUve Village ofKw.cbue tribe; and

WHEREAS: the Kot1ebue IRA has ovctsight rc~ponslbillty for approximately 46S Native allonnent parcels within IIS boundaries: and -

WHKREAS: the Alaska Legal Scrvlccs Col1)0ratlon bas provided legal services for Native allollces ro !fflllldy the conflict of inlclcst problem bclween the allouees and the federal government; end

WHEREAS: the Alaska Legal S

NOW, THKRRFORE, DE IT RESOLVED: that the Native Village of Kol7.cbuc, tbrougb lhe Kotzebue IRA Council, do hcroby gives lts full support lO the Alaw. Legal Services Corporation in their pur&uit of appropriations by adoption of Ibis resolulion to be submlllod to tile aucntion of lhe Chalnnan of lhe Committee on Interior Approprlalions. CERTIFICATION

ulion 97-78 was )Rlproved by -the Kotzebue IRA Cowicil on the 11th day of Man:b 1997 by a vol/!J or.!l_1n favor, opposing, and-¥,LJ1ot voting. - ~ - ATll:ST: a/4tJu. /I. J~ Charlie R. Gregg, Chainnan

PHONE: (907) 442-3467 FAX: (907) 442-2162 · 'l'OLL FREE: l,800•442-3467 661 Akiak Native Community Akiak IRA Council P.O. Box 52185 Akiak, Ak 99552 PH. (907) 76-'•7112 FAX(907) 76J-7j/2

March 12, 1997

Chairman Ralph Rqull Cnmmitt~ nn lnn!rinr Apprnpriation11 B-l08 Rayburn HOB Washington D.C. 20515-6023

Dear Chairman Regula:

Tbe Akiak Native Community, Aki•• IRA Council iA the Federally Recognized Tribe. comistina of over 300 tribal memben. Akiak Native Community ls fully In suppon or and reque11ln3 lbNt you suppurl. •1•111 u111 hdiuu or SJ00,000 tor Alaska Leeal Services Corporation(ALSC) to provide coumelins and other legal services for Natives with interests in Native Alotmentl.

ALSC bas proven invaluable to the Akiak Native Community tribal memben for legal counseling and uaiatance in obtaining "just compensation" from the third party entities treapau on Restricted Deed Lot(Tr11st) Propertia and Native Allotments. Because of the minutiae of the Native Allotment and Restricted Deed Lot Adminiltration, the.burdensome bureaucracy, and the language that is unfamiliar to Tribal Members, ALSC has been a source of strength at times when solutions to cases cannot be resolved by trespauon unwillingness to correct and pay "just compensation" for the use of the Native Properties.

Akiak Native Community thank you for put ~upport of ALSC and your 1upport for an appropriation or 5300,000 for rural Alaskans lepl uiatance for the fiscal year 1998?

Sincerely, OWEN IVAN, CHIEF c:::::- - .-

NATIVE VILLAGE OF BARROW INOPIAT TRADITIONAL GOVERNMENT

~h I!, m, ,Sf3~:i;:

Chairman Ralph Regula r:, ., ;-;:..,:i - ""'· ' ~·!~i;}, ~~=i.d'.fI am the President of the N. --~"' of.:~. a federally recognized tribal government oflnupiat Eskimo!!- :'.;,:'. : ___ • :·~ .-:~:.:,:.-/->_;\:\ 1 am writing to you in support df'~-~~~:&:t,i~- Legal Services Corporation (ALSC) for $300,000 to prov.iO,~ __ itP,I scrviil~(far";ilf~'»ce·~ottees. l have reviewed ALSC's written proposal -~ 1; ~.Pllf)rt- this~OP~·--':?,-LSC has expertise in this field of law and has in the · · to":.t>c•a··~---a4vocate of native and tnbal tights. It is the finn be1ief o _·' . v-illage-~_f~_,iw: Native Ailottees' rights will best be protected by aw , ~~.19~'?- ~- t '~ ::' •r~~t{ti,f:;•,"'-t~.;;=ll'J~·/ Native Ailottccs on the Nortn ~~ha;vi,tew options for legal representation without the support of Alask¼, •·· ··. ; ~~tpIJ)Oration. ALSC provides the only attorney with Native Allotment-expo.q~~:oa,~~~-Slope of Alaska. In fact there are NO civil attorneys on the North Slo~·!p_pn~,p(ilctice other than the ALSC attorney. Tf ALSC cannot fund this position. tbc:l)_~,wfil ~po such attorney available. A Native Allotment attorney must be familiar _rwith our,~ and lifestyle to represent a native allotment application effectively. -,· : -often interview numerous elders in their homes with interpretea; and ~if?,.' · ·COl1CCJJIS make it economically and cuhurally ~casible to hire- an- atto~•-l!o~. An~ragc or Fairbanks. One way travel from these cities to Villages such as K:aitt~Ntyqsut and Atqusak requires several hours and costs of up to $800 OF IROFC, 1'lost Allottees live subsistence lifestyles and cannot afford attorney fees let alone the cosij~of_~on. ALSC has an office in Barrow which has bccn vczy successful in p~ J1,>-re,PRSC;nting Native Allottees. The ALSC program is in danger from lack offuml_~_f'.Ij:~:m•~:~i!tterests ofindividual Allottees in Barrow and the surrounding area to ~~-fi:inas.~ ALSC. ··--·-•·····: ' ... --~ ... -,. ~,.'

P.O. Box 1139 • Barrow, Alaska 99723 • (90~)_ 852·4411 • Fax (907) 852-8844 663

Chairman Ralph Regula March 11, 1997 Pagc2

Arnold Brower; Jr., President NATIVE VIILAGE OF BARROW TRIBAL COUNCIL

cc: Mary Anne Kmworthy,,· Al.SG Natiye. i\Uetment-~r by 1i1x (907)279-7417 Smator Stevens, ATIN: Lisa Sutherland, S22 Hart .Buildin& Washingtm, D.C. 2D51D Represmtative Yllllll8; ATIN. Cynthia-Ahwinmo, l324·Lcoaworth HOB, Washingtm, D.C. 20515 . 664

P.O. aox fil48 • NOME. ALASKA 119762

TELEPHONE: (acJ7l 443·!;:5231 • l'AX; 1807> 443·3708 March 12, 1997

Chairman Ralph Regula Sub-Committee on Interior Appropriations B-308 Rayburn HOB ca.>oNJ-L Washington, o.'c. 20515-6023 GOI.OYIN Dear Mr. Regula: l(OYLJIC --MAR\"elGIPO NOMI: Kawerak Incorporated is the Alaska Native regional non-profit SAYODNGA tribal consortium authorized to provide services to tribal SHAK100UK members within the 13ering Straits region·. We compact with the Bureau of Indian Affairs to provide BIA Realty Services for - restricted lot owners and pending, approved and certified allotment holders in the Sering Straits region. -5T-IID

ALSC provides valuable and critical legal services to residents who cannot afford to hire private attorneys. In 1997, I anticipate AI.SC attorney (if funded) to be of very valuable assistance. For Example, The State of Alaska is planning on building an airport on two native allotments in one of our villages. We will need an ALSC attorney to assist Kawerak and the Native Allotment owners in se~uring title and compensation.

The ALSC attorney has the necessary experience and knowledge gained through years of providing legal assistance for restricted and trust property owners in Alaska. This has been very instrumental in protecting Native Allottees who might otherwise lose their land. 665

Page 2

There are many more Native Allotments to be adjudicated and eases that will be filed against restricted/trust land owners. Most people cannot afford private attorneys or find attorneys familiar with Alaska's unique land laws.

On the other -side if BLM or the State of Alaska files against a Native'Allotment or Restricted lot owner the U.S. tax payers pay the bill for attorneys to represent their case. The Bureau of Indian Affairs (BIA), has a fiduciary responsibility to provide quality and experienced legal assistance for Native Allotment owners and restricted lot owners. The contract between BIA and ALSC has been very successful-and very much needed.

I encourage this committee to appropriate funds of $300,000 to ALSC for the purpose of providing legal assistance to Alaska Native Allotment owners and restricted lot owners.

Sincerely,

KAWERAK INCORPORATED

Loretta~~-#z.- Bullard President

cc: Senator Stevens Senator Murkowski Congressman Young 666

March 11, 1997

Chairman Ralph Regula _ Committee on Interior Appropriations B-308 Rayburn HOB Washington, D.C. 20515-6023

Dear Chairman Regula:

The Sitka Tribe of Alaska is the federally recognized sovereign tribal government for over 3,000 Native citizens and their future generations in Sitka, Alaska. The Sitka Tribe is writing with the request that you support an appropriation of $300,000 for Alaska Legal Services Cozporation (ALSC) to provide counseling and other legal services for Natives with interests in Native allotments.

ALSC has proven invaluable to the Sitka Tribe. Because of the minutiae of the Native allotment administration, the burdensome bureaucracy, and the language that is unfamiliar to tribal citizens, ALSC has been a source of strength at times when there appeared to be an insurmountable roadblock to access land that was rightfully theirs. Our situation in Sitka is further complicated by the early withdrawals of the Tongass National Forest from the traditional territory of the Tlingit Indians. Again, ALSC continually assists our citizens and our office of realty and trust to understand and advocate a position that is just.

Please harken to our request and fully fund the ALSC to do their work on behalf of Alaska Natives. This has been and will continue to be, money well spent on behalf of the Native community.

Thank you for your consideration.

Sincerely,

(l~IJ 2'' -- Donald Williams Acting General Manager cc: Senator Ted Stevens Representative Don Young

456 Katlian S~t • Silica, Alaska 99835 • (907) 747-3207 • Fax (907) 747•4915 667

McGRATH NATIVE VILLAGE COUNCIL P.0B01: 134 McGrath, Aluka 99627 Telephone: (907) 524-3024 FAX: (907) 524-3899

March I-1, 1997

Chairman Ralph Regula Sub-Committee on Interior Appropriations B-308 Rayburn HOB Washington, D. C. 20515-6023

Dear Honorable Regula:

We suppon the-efforts ofrhc Alaska Legal Services Corporation in their request for appropriation ofS300,000 for the fiscal year 1998. Without this appropriation their effort to a.~ist Native allonces would be detrimental and possibly be out of compliance to the Alaska Native Claims Settlement Act.

Any thing you can do !o help speed up the process will be greatly be appreciated.

Sincerely,

Winchell Ticknor Tribal Administrator 668

·Native Village of Fort Yukon P.O.Bax 128 Fort Yukon, Alllb 91740 Phone: ,.,7) 192-2581 FAX: (807) 812-2222 March 11, 1997

Chairman Ralph Regula Sub-Committee on Interior Appropriations B-308 Rayburn HOB Washington, D.C. 20S10

Re: Letter of Support

Dear Mr. Regula:

I am writing to you in support of the appropriation to the Bureau of Indian Aftairs budget for the Legal Service Corporation in the amount of $300,000.00 to provide legal services for Native allottees.

The Federal Government has a trust respo11S1bility to -Alaska Natives and that responsi"bility has it's greatest force in the protection of property rights. An appropriation to the BIA's budget for .ALSC will guarantee that funds are available to provide continuing legal services for Alaska Natives.

Please consider this appropriation due to the fact that Natives need representation from the ALSC to provide legal se.rvices for Native allottees to remedy the conflict of interest problems._

Sincerely,

NATIVE Vil.LAGE OF FORT YUKON

Daisy sU:vens &ecutive Director

cc: File . - Senator Stevens. Attn: Lisa Sutherland, S22 Hart B1d., Washington, D.C., 20510 , Representative YOUll& Attn: ,Cynthia ~on.a. 13~ Longworth HOB. Washington, D.C. 20515 669

Kuigp.miut

P.O. Box 32209 • Mountiin Village, Al• 99632 • ('907) 591-2834 • Fax: (907) 591-2109 March 11, 1997

Re: Letter of Support

Congressman Ralph Regula Chairman CommiLtee on Interior Appropriations B-308 Rayburn HOB Washington, D.C. 20515-6023

Dear Chairman Regula:

Ths is a letter of support for the Alaska Legal Sen.ices Corporation's (ALSC)request for $300,000 appropriations to provide legal services to Native Allottees. ALSC, many times, is the only sow-ce of legal assistance lhat Allottees have in niral AJaska.

Kuigpagmiut, Inc., a state chartered non-profit·corporation O"C'ated for the purposes of contracting ..Bureau of lndi:m Aff;tln and hldia~ Health_~cu:ires--Puts.uc.1ut. tn....Jhc-: provisions contained in PL 93-638 and other appropriate laws, serves approximately 1300 Alaska Native and American Indians residents in four rural villages. About 400 of which are Allottees, both ANCSA and Townsite. From ti~e to tin•u::, Lhey i"c.::qulre the services of AI.SC.

Th:mk you for your .1ttcntlon to this import:a.nt m2tter.

- Sincerely,

President & CEO

cc: s~nator Stevens Congr-cssman Young file 670

KIPNUK TRAbITIONAL COUNCIL Bolc57.. • Kffu<,AJ.Ml

Mm;h 10, 1997

Chairman Ralph Regula Committee on Interior Appropriations B-308 Rayburn HOB Washington. D.C. 20S1.5-6023

Dear Mr, Cbainnan,

I am writing in support of the request for an appropriation of $300,000 to the Alaska Legal Services Corporation (ALSC) throup the Bureau of Indian Affairs so they can continue to provide legal representation to Alaska Native allotees. AJ; a federally recognized tnbal government semng Tribal members in the Kipnuk ·area, the Native Village of Kipnuk is concerned that a break in the services would have dire effects. Oor Realty/frust selVices to pending, certified and approved allotment boldeis within our service area is one of our programs Wider our P.L 93-638 contract with the Bureau of lodian Affairs (BIA) with the ALSC services viewed as a critically necessary compliment to our limited resources.

I encomage this cominittce to appropriate funds of $300,000 to the Alaska Legal Services Colporation for the pmpose of providing legal assistaocc to Alaska Native alloted and restricted lot owners. ·

Sincerely, Kipnuk Traditional Council

~e Paul, President •

cc: Senator Stevens Representative Young 671

March 10. 1997

Chairman :Ralph Regula Commim:e on Jmcrior AppropriatiODS B-308 Ra:ybom HOB Washington, D. C. 20S1~

Dear Mr. Chainnan;

This in suppon ofa Rquest by Alaska Legal-Services Corpomlion (ALSC) for an appropriation of $300,000.00. ALSC has been yay belp1ill ia ltples:ntiiQ; Alaskan Natives in acq,JUiDg their Natm: Allotments. Becaose om aDotmems TO go thraugh a legal process and the fact that WC do not understand the le8IDS of legal doc:umc:ms we~ in the mail tegardiDg our allotmeDts we depend on ALSC for advic:e. Most ofallounems that go tbrougb the coorts end up fn comt because oftlle Federal Govemment with some of the best attomeys on theirpl.YIOIL We cannot aftbrd to hire attorneys to represem us so we COUDt on ALSC to help us out

For $300,000.00 the Fc:dcral GovemmeDt has two attomcys on their payroll. We would like to see the saile at a better balance.. For $300,000.00 ALSC can comiDDe their legal support fi>r the entire State or Alaska Which has sm:ral ctif£eleDt Jangoages and many diffr.mll lifestyles. Each zegion has a lifestyle that allows for diffi:reDccs in wildlife, land use.. Climates and modes of transportation. So taking all this imo consideration ALSC does have a lot of land to cover.

Last bnt not least the.Native Allotment process has takl:n so long to a,mpletion mat most of the-original applicatants have died or me now elders. It is hard for them to UDdelStmd the RqUimncnts that the govemmcm is dictaling to them.

For tbcsc reasons we do support the appmpriatiDnaf $300,000.00 for ALSC. We hope this helpS them in getting their funding to hdp our people.

Sincerely, STEVENS VIlLAGE COUNCIL

RandyMayo, Chief cc: Lisa S'lltbedand 522 Han Building, Washington, D.C. 20510

Rep. Young, AlTN: Cyntbia.Alnrimma 1324 Longworth HOB Washington, D.C. 20515

WITNESSES

Page Adams, Bert, Sr ...... 650 Akaka, Jeffrey ...... 85 Allen, W. R ...... 292 Anderson, James ...... 265 Anderson, Marge ...... 530 Apache, Burton ...... 177 Apesanahkwat ...... 509 Atwine, Ruby ...... 545 Bad Moccasin, Richard ...... 351 Ballot, J. A ...... 653 Bean, Lincoln ...... 182 Beans, R. L ...... 669 Begay, J. C ...... 221 Begay, Jones ...... -.. 346 Ben, Robert ...... 102 Billie, J. E ...... 373 Blackhawk, John...... 501 Blazer, Arthur "Butch"...... 165 Blue Eyes, Faye ...... 228 Books, Paul ...... 215 Booth, Jack ...... 588 Brower, Arnold, Jr ...... :...... ,...... 662 Brown, Robert ...... , ...... 31 Brown-Schwalenberg, Patty ...... :...... 600 Bulfer, Joseph ...... 31 Bullard, Loretta ...... 665 Burnett, Dave ...... 273 Cagey, Henry ...... 315 Capoeman-Baller, Pearl ...... 139 Cerno, Frank ...... 153 Chanar, M. A ...... 652 Charles, F. G ...... 133 Coochise, Elbridge ...... 286 Cross, Terry ...... · 209 Crouch, Jim ...... 322 Crowell, John ...... 332 Cukro, George ...... 638 Davenport, E. R ...... 641 Davis, J. A ...... 436 Diamond, Margaret ...... 408 Dickinson, K F ...... 655 Doyle, R. M ...... 340 Drapeau, Darrell ...... 402

(i) ii Page Edmo, Lorraine ...... :...... 94 Ettawageshick, Frank ...... 517 Forquera, Ralph ...... 442 Fox, Mike...... 7 Frank, Bill, Jr ...... 265 Garfield, D. M., Sr ...... 493 George, L. E ...... 332 Gipp, D. M ...... 246 Gishey, Ronald ...... 189 Gonzaies, Veronica ...... 364 Gottfriedson, Alison ...... 624 Gurnoe, R. M ...... 522 Havatone, Earl ...... 377 Heckert, Mark ...... 7 Hepfer, R. N ...... 133 Herbert, Marie ...... 259 Herrera, Stanley ...... 177 Hillaire, Darrell ...... 315 Hoefferle, Terry ...... 649 Honga, Monza ...... ,...... 377 Honyumptewa, Clayton ...... 20 Hopson, Eben, Jr ...... 654 Hourland, Gregg ...... 505 Howard, Ruben ...... 145 lshom, Mike ...... 408 Ivan, Owen ...... 661 Ivanoff, Larry ...... 584 Jackson, Sam ...... 661 James, Gordon ...... 573 Janger, S.- A ...... 620 · ·Jim, Rexlee ...... ;...... 221 Jimmie, Alexie ...... 652 Johnson, Julie ...... 79 Johnson, R. E ...... 153 Johnson, W. A ...... 651 Jones, G. J ...... 259 Jones, Justin ...... 221 Kelley, Bob ...... 265 Kibble, John ...... 14 Killsnight, Reginald, Sr ...... 159 Kompkoff, Gary ...... 596 Lankford, C. J ...... 541 Largo, Juliette ...... 228 LaRose, Louis ...... 7 Locke, Gary ...... 440 Lorretto, Leonard ...... 44 Mantineau, Ferdinand ...... 56 Markishtum, Hubert ...... 79 Mason, Russell "Bud" ...... 240 Maulson, Tom ...... 26, 61 Mayo, Randy ...... 671 McCabe, Preston ...... :...... 102 McCloskey, Ruben ...... 359 McCoy, J. R ...... 150 McGeshick, J. C ...... 526 iii Page

} McGruther, Faith ...... 173 McMullen, Elenore ...... 604 Mejia, Margie ...... 644 Mitchell, J. C ...... 559 Monette, Gerald "Carty" ...... 364 Morton, R. D ...... -...... 235 Motloee, AB...... 371 Murphy, Virgil ...... 109 Naneng, M. P ...... '...... 657 Nez, Renita ...... 102 Norton, G. A ...... 557 Nygaard, Robert...... 171 Padilla, N. J ...... 446 Pakootas, Joseph...... 569 Paul, Johnnie ...... 670 Penney, S. N ...... _...... 127 Pinkham, Jaime ...... 38 Poynter, Ken ...... 165 Riggs, Hon. F. D ...... 305 Roberts, J. D ...... 280 Sabshin, Melvin ...... 91 Saulque, J.C ...... ,...... 322,553 Scott, Sheryl ...... 259 Secakuku, Ferrell ...... 20 Shaw, Frances...... 399 Sherman, Jill ...... 305 Shields, Caleb ...... 50 Shore, Jim ...... 371 Simone, J. J ...... 450 Siow, Virgil ...... 153 Smith, Norine ...... :...... 425 Starr, Donna ...... :...... 286 Sterud, Bill ...... 252 Stevens, Daisy ...... 668 Strong, Ted ...... 565 Sutton, R. W ...... 630 Swaney, R. R ...... 541 Taylor, Lewis...... 513 Thomas, E. K ...... 659 Thomas, Robert ...... 195 Ticknor, Winchell ...... :.... :...... 667 Tinno, Keith ...... 1 Tom, Young Jeff ...... 634 Torres, Rebecca ...... 500 Tripp, Maria ...... 450 Tsosie, Wallace ...... 189 Turner, Denis ...... 392, 398 Turnipseed, Mike ...... 252 Valencia, R. F ...... 145 Vizina, R. J ...... 14 Walk.er, Anne ...... 182 W alk.s Along, William ...... 159 Wallace, AB ...... :...... 383 Walz, Rosalee ...... 442 Ward, Oliver ...... •...... 79 iv Page Wawronowicz, L. J ...... 61 Whiston, David ...... 69 Whitefeather, Bobby ...... 537 Whitener, Andy ...... 273 Whitener, D. W ...... 273 Williams, Donald ...... 666 Willis, Lorene ...... :...... 94 Wilmer, John, Sr...... 533 Wright, Mervin, Jr ...... 121 Wynne, Bruce ...... :...... 115 Yazzie, Geneva ...... 228 Zacharof, Mike ...... 592 INDEX

Page Akiak Native Community ...... 661 Alabama-Quassarte Tribal Town ...... ;...... 500 Alamo-Navajo School Board ...... 177 Alaska :Legal Services Corporation ...... 646 Alaska Native Health Board...... 182 Alaska Native Heritage Center ...... :...... 612 Aleutian and Pribilof Islands Restitution Trust ...... 592 American Dental Association ...... 69 American Dietetic Association ...... 421 American Indian Graduate Center ...... 630 American Indian Higher Education Consortium ...... 364 American Psychiatric Association ...... 85 American Public Health Association ...... 417 Arctic Slope Native Association, Limited ...... 654 Assiniboine and Sioux Tribes ...... 50 Association of Community Tribal Schools, Inc ...... 626 Association of Navajo Community Controlled School Boards ...... 346 Association of Village Council Presidents ...... 657 Bad River Band of Lake Superior Chippewa Indians ...... 533 Bering Sea Fishermen's Association ...... 616 Black Mesa Community School ...... 638 Bristol Bay Area Health Corporation ...... 608 Bristol Bay Native Association ...... 649 California Rural Indian Health Board ...... 322 Central Council of Tlingit and Haida Indian Tribes of Alaska ...... 659 Cheyenne River Sioux Tribe ...... 505 Chippewa/Ottawa Treaty Fishery Management Authority ...... 171 Chugach Regional Resources Commission ...... 600 Close Up Foundation ...... 620 Columbia River Inter-Tribal Fish Commission ...... 565 Colville Confederated Tribe ...... 569 Confederated Salish and Kootenai Tribes of the Flathead Nation...... 541 Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians ...... 557 Consolidated Tribal Health Project, Inc ...... 465 Council Annette Island Reserve ...... 588 Coyote Valley Tribal Health ...... 489 Five Tribes ...... 576 Fond du Lac Band of Lake Superior Chippewa ...... 56 Fort Defiance Hospital Steering Committee ...... :...... 433 Greasewood Springs Community School, Inc ...... 189 Great Lakes Fish and Wildlife Commission ...... 25 Hoopa Valley Tribal Council ...... 305 Hopi Tribe ...... 20

(v) vi Page Hopland Band of Pomo Indians ...... 481 Hualapai Tribe ...... 377 Indian Health Board of America ...... 425 Intertribal Bison Cooperative ...... 7 Intertribal Monitoring Association of Indian Trust Funds ...... 641 Intertribal Timber Council ...... 38 Jamestown S'10allam Tribe ...... 292 Kawerak, Inc ...... 664 Kipnuk Traditional Council ...... 670 10amath Tribes ...... 559 Kuigpagmiut, Inc ...... 669 Lac Courte Oreilles ...... 408 Lac du Flambeau Band of Lake Superior Chippewa Indians ...... 61 Lac Vieux Desert Band of Lake Superior Chippewa Indians ...... 526 .Lake County Tribal Health Consortium ...... 477 Little Traverse Band of Odawa Indians ...... 517 Lower Elwha S'10allam Tribe ...... 133 Lummi Indian Nation ...... 315 Lytton Rancheria/Lytton Band of Pomo Indians ...... 644 Mak.ah Tribe ...... 79 Maniilaq Association ...... 653 Manzanita Band of Mission Indians ...... 398 McGrath Native Village Council ...... 667 Menominee Indian Tribe of Wisconsin ...... 509 Mille Lacs Band of Ojibwe ...... 530 Mni Sose lntertribal Water Rights Coalition, Inc ...... 351 473 :::~:g:~~r!:f:a=~~ .. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 429 ~arragansett Indian Tribe ...... 195 National Congress of American Indians ...... 292 National Indian Child Welfare Association ...... 201 National Indian Education Association ...... :...... 94 Native American Fish and ·Wildlife Society ...... 165 Native American Rights Fund ...... 496 Native Village of Barrow ...... 662 Native Village of Fort Yukon ...... 668 Native Village of Kotzebue ...... '...... _. 660 Native Village of Port Graham ...... : 604 Native Village of Tatitlek ...... 596 Navajo Area School Board Association ...... 634 Nez Perce Tribal Executive Committee ...... 127 Northern Cheyenne Tribe ...... 159 Northwest Indian Fisheries Commission ...... 265 Northwest Jntertribal Court System ...... 286 Northwest Portland Area Indian Health Board ...... 436 Norton Sound Health Corporation ...... 584 Nottawaseppi Huron Band of Potowatomi ...... 519 Oglala Sioux Tribal Public Safety Commission ...... 215 Owens Valley Indian Water Commission ...... '...... 553 Pascua Yaqui Tribe of Arizona ...... 145 Passamaquoddy Tribe of Pleasant Point ...... 340 Pinon Community School Board ...... 102 Port Gamble S'10allam Tribe ...... 259 Pueblo of Jemez ...... 44 Pueblo of Laguna ...... 153 vii Page Puyallup Tribe of Indians ...... 252 Pyramid Lake Paiute Tribe ...... 121 Quinault Indian Nation...... 139 Red Cliff Band of Lake Superior Chippewa ...... 522 Red Lake Band of Chippewa Indians...... 537 Rock Point Community School ...... 221 Round Valley Indian Health Center ...... 461 San Diego American Indian Health Center ...... 235 Sauk-Suiattle Indian Tribe ...... 280 Sault Ste. Marie Tribe ...... 14 Seattle Indian Health Board ...... 442 Seminole Tribe of Florida...... 371 Shiprock Alternative Schools, Inc ...... 228 Shoshone-Bannock Tribes ...... 1 Sitka Tribe of Alaska ...... 666 Skokomish Indian Tribe ...... 573 Sonoma County Indian Health Project, Inc ...... 458 Southern California Tribal Chairmen's Association ...... 392 Southern Indian Health Council, Inc ...... 31 Spokane Tribe of Indians ······:·················································································115 Squaxin Island Tribe ...... 273 St. Croix Tribal Council ...... 513 Stevens Village Council...... 671 Stockbridge-Munsee Community Band of Mohican Indians ...... 109 Suquamish Tribe ...... 332 Susanville Indian Rancheria ...... 446 Sycuan Medical/Dental Center ...... 469 Table Mountain Rancheria ...... 485 Three Affiliated Tribes, Fort Berthold Reservation ...... 240 Toiyabe Indian Health Project, Inc ...... 454 Tulalip Tribes ...... 150 Tule River Tribal Council ...... 493 United States-Canada Pacific Salmon Commission...... 292 United Indian Health Services, Inc ...... 450 United Sioux Tribes of South Dakota Development Corporation ...... 359 United Tribes Technical College...... 246 United Villages, Inc...... 652 Upper Klamath Basin Working Group ...... 562 Ute Indian Tribe ...... ;...... 545 Wa He Lut Indian School ...... 624 Walker River Paiute Tribe of Nevada...... 549 Washington, Office of the Governor ...... 440 Washoe Tribe of Nevada and California ...... 383 Winnebago Tribe of Nebraska ...... 501 Y akama Indian Nation ...... 580 Yakutat Tlingit Tribe ...... 650 Yankton Sioux Tribe ...... 402

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