DEPARTMENT OF THE INTERIOR, ENVIRON- MENT, AND RELATED AGENCIES APPRO- PRIATIONS FOR FISCAL YEAR 2019 U.S. SENATE, SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS, Washington, DC. NONDEPARTMENTAL WITNESSES [CLERK’S NOTE.—The subcommittee was unable to hold hearings on nondepartmental witnesses. The statements and letters of those submitting written testimony are as follows:] PREPARED STATEMENT OF THE 1854 TREATY AUTHORITY 1854 TREATY AUTHORITY The 1854 Treaty Authority (Authority) is a Tribal organization funded by a Public Law 93–638 contract with the Bureau of Indian Affairs (BIA) under its Trust-Nat- ural Resources Management-Rights Protection Implementation (RPI) budget. —The Authority supports funding of the BIA Rights Protection Implementation Program at the approved fiscal year 2017 level and a proportionate share for the Authority. We believe that the funding (as well as any increase in funding) should be allocated in the same proportions as it has historically been distrib- uted. —The Authority supports the full finding of contract support for its Public Law 93–638, Self-Determination contract. —The Authority supports maintaining funding for the Great Lakes Restoration Initiative budget at least at its current level. The Authority is a Tribal organization responsible for protecting, preserving, and regulating the Treaty-reserved hunting, fishing and gathering rights in the territory ceded to the United States by the Chippewa in the Treaty of September 30, 1854, 10 Stat. 1109. The Bois Forte Band and the Grand Portage Band created the au- thority following Federal court affirmation of the rights in 1988. As part of a court- approved agreement with the State of Minnesota, the Bands have obligations to pre- serve the natural resources in the five (5) million acre ceded territory and to regu- late the activities of Band members through a conservation code, enforcement offi- cers, and a court. The Authority has been involved with a variety of inter-agency efforts to study the effect of invasive species, climate change, and other activities that impact treaty resources. Although it has significant responsibilities in a geographic area the size of Massa- chusetts, the Authority has only fourteen (14) full-time employees. With those lim- ited resources, the Authority has been able to collaborate with State, Tribal and Federal agencies to become a prominent presence in the conservation of resources critical to the subsistence hunting, fishing and gathering activities of the Chippewa. The challenges facing all natural resource management agencies mean that we need to continue cooperative research and restoration at the present level or risk setbacks that have a negative impact on future generations. The successes of the Authority are overshadowed by the challenges facing the trust resources that are at the heart of the Treaty rights. For reasons unknown, the Minnesota moose population has declined significantly in just a few years and both terrestrial and aquatic invasive species and climate change threaten the Treaty fish- ing and wild rice production areas across the ceded territory. In addition, human activities continue to deplete or displace wildlife populations. (1) 2 The Authority urges the Committee and the Congress to acknowledge that the re- sources we seek to protect are trust resources, reserved in treaties that the United States has a legal obligation to protect and preserve. [This statement was submitted by Millard J. Myers, Executive Director.] PREPARED STATEMENT OF THE ALEUTIAN PRIBILOF ISLANDS ASSOCIATION, INC. The requests of the Aleutian Pribilof Islands Association (APIA) for the fiscal year 2019 Indian Health Service (IHS) budget are as follows: —Fund a health facility replacement project in Atka, Alaska. —Fund leases for healthcare facilities under Section 105(l) of the Indian Self-De- termination and Education Assistance Act. —Continue mandatory funding of the Special Diabetes Program for Indians and fund health education and Community Health Representatives. —Place IHS funding on an advance appropriations basis. —Continue to fully fund contract support costs. —Support ending the cap on telecommunications connectivity subsidies. The Aleutian Pribilof Islands Association, Inc. (APIA) is a regional non-profit Tribal organization of the Aleut people of Alaska, with members consisting of feder- ally recognized Tribes of the Aleutian Chain and Pribilof Islands Region. APIA is a co-signer to the Alaska Tribal Health Compact with the IHS under Title V of the Indian Self-Determination and Education Assistance Act (ISDEAA), under which APIA provides a comprehensive range of healthcare services to the Alaska Natives in the Tribal communities of our Region. APIA also receives funding through var- ious non-IHS grants and agreements. Our mission in this remote area of the United States is to promote self-sufficiency and independence of the Unangan/Unangas; to assist in meeting the health, safety and well-being needs of each Unangan/Unangas community; to promote, strengthen and ensure the unity of the Unangan; and to strengthen and preserve Unangax cultural heritage. ATKA CLINIC REPLACEMENT We are requesting funding for a health facility replacement in Atka, Alaska. —The Atka health clinic is a Community Health Center operated by APIA. The clinic serves the entire community of Atka regardless of race, Tribal affiliation or ability to pay. —During World War II, Atka Health Clinic was destroyed along with the entire community by the United States Navy to keep our enemies from using the area. —The replacement of the Atka Health Clinic was identified by community mem- bers as high priority during a community planning session held in 1994 and again during public meetings held during comprehensive planning sessions held in 2014. —The City of Atka initially started planning for replacement of the clinic in 2003. A concept plan that included site selection was done using a First Alaskans In- stitute grant and City funds. —A business plan was approved by the Denali Commission in 2005. The project was ready for the design phase in 2005. —Design work was finally started in 2012 and then temporarily halted in 2013 at 65 percent design complete. —The City became partners with the Aleutian Pribilof Islands Association on the project in 2014. Through this partnership it was determined that the best ap- proach would be to get design work completed using the funds available. —In 2015 design work was restarted. Between the concept plan and design phases the needs of the project changed. —The City of Atka, APIA, and Aleutian Pribilof Islands Community Development Association (APICDA) contributed a total of $128,765 to do design work. —The total cost of the 3,850 sq. ft. replacement Clinic is $2,734,926. More than 30 funding request letters have been sent to potential funders along with a funder’s packet detailing the need for the project. —The current Atka health clinic is inadequate to provide the care the community deserves, it is beyond repair and even a simple window replacement cannot be supported with the existing structure. It is vulnerable to weather and the life safety code. —We are ready to take this project to the next level to finish the design and begin the construction phase. —In Unalaska a Joint Venture Construction Project with the IHS was approved, in which Atka is included in the scope. 3 —We are specifically requesting support for construction funding in the amount of $2,734,926 FUNDING FOR HEALTH FACILITIES LEASES—SECTION 105(L) AGREEMENTS Section 105(l) of the ISDEAA provides for fully funded leases used by Tribes and Tribal organizations for carrying out services under an ISDEAA agreement. This funding is critical to being able to operate and maintain health clinics, which have typically been severely underfunded, to the point that many clinics without having a Section 105(l) lease in place with the IHS are dangerous or unfit for provision of health services. Many clinics have had to be closed. The Federal court’s decision in Maniilaq Association v. Burwell, 170 F. Supp. 3d 243 (D.D.C. 2016), has thus identi- fied a key source of funding to remedy these problems. Rather than support this funding, the administration has again this year asked Congress to amend the ISDEAA so that it can avoid providing full compensation for Section 105(l) leases. The proposed bill language seeks to overrule the Maniilaq decision, in which the court determined that Section 105(l) of the ISDEAA provides an entitlement to full compensation for leases of Tribal facilities being used to carry out ISDEAA agree- ments. We ask the subcommittees to again treat this year’s proposal the same way—decline to include the administration’s proposed language in the fiscal year 2019 IHS appropriations bill. CONTINUE MANDATORY FUNDING FOR THE SPECIAL DIABETES PROGRAM FOR INDIANS (SDPI) APIA wishes to extend our appreciation to Congress for reauthorizing the SDPI through fiscal years 2018 and 2019 at the mandatory funding level of $150 million each year. Diabetes continues to be a major epidemic in our Region, but we have made great strides through SDPI funding toward increased access to prevention and treatment services. We understand that despite these and other victories toward combating diabetes, the President’s proposed budget for fiscal year 2019 would change SDPI funding from mandatory appropriations to discretionary funding. We join with others in In- dian Country to ask that the subcommittees reject that proposal and continue to fund the SDPI in multi-year authorizations on a mandatory basis. Switching SDPI funding to a year-to-year discretionary basis could have disastrous outcomes for our ability to hire professionals and staff, and to plan for and carry out our diabetes programs. We see no reason to make that change, and we look forward to continued improved outcomes in our communities. We also request that the SDPI be made per- manent at an increased funding level of $200 million per year, or higher.