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Calendar No. 57
105th Congress Report
1st Session 105-20
To amend the Native American Programs Act of 1974 to extend certain
authorizations, and for other purposes.
May 21, 1997.--Ordered to be printed
Mr. Campbell, from the Committee on Indian Affairs, submitted the
R E P O R T
[To accompany S. 459]
The Committee on Indian Affairs to which was referred the
bill (S. 459) to amend the Native American Programs Act of 1974
to extend certain authorizations, and for other purposes,
having considered the same, reports favorably thereon with an
amendment in the nature of a substitute and recommends that the
bill as amended do pass.
The text of the bill, as amended, follows:
Strike out all after the enacting clause and insert the
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Programs Act
Amendments of 1997''.
SEC. 2. AUTHORIZATIONS OF CERTAIN APPROPRIATIONS UNDER THE NATIVE
AMERICAN PROGRAMS ACT OF 1974.
Section 816 of the Native American Programs Act of 1974 (42 U.S.C.
2992d) is amended--
(1) in subsection (a), by striking ``for fiscal years 1992,
1993, 1994, and 1995.'' and inserting ``for each of fiscal
years 1997, 1998, 1999, and 2000.'';
(2) in subsection (c), by striking ``for each of the fiscal
years 1992, 1993, 1994, 1995, and 1996,'' and inserting ``for
each of fiscal years 1997, 1998, 1999, and 2000,''; and
(3) in subsection (e), by striking ``, $2,000,000 for fiscal
year 1993 and such sums as may be necessary for fiscal years
1994, 1995, 1996, and 1997.'' and inserting ``such sums as may
be necessary for each of fiscal years 1997, 1998, 1999, and
SEC. 3. NATIVE HAWAIIAN REVOLVING LOAN FUND.
(a) In General.--Section 803A of the Native American Programs Act of
1974 (42 U.S.C. 2991b-1) is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``award grants'' and
inserting ``award a grant''; and
(ii) by striking ``use such grants to
establish and carry out'' and inserting ``use
that grant to carry out''; and
(B) in subparagraph (A), by inserting ``or loan
guarantees'' after ``make loans'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``loans to a
borrower'' and inserting ``a loan or loan guarantee to
a borrower''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by striking ``Loans made'' and inserting ``Each
loan or loan guarantee made'';
(ii) in subparagraph (A), by striking ``5
years'' and inserting ``7 years''; and
(iii) in subparagraph (B), by striking ``that
is 2 percentage'' and all that follows through
the end of the subparagraph and inserting
``that does not exceed a rate equal to the sum
``(I) the most recently published
prime rate (as published in the
newspapers of general circulation in
the State of Hawaii before the date on
which the loan is made); and
``(II) 3 percentage points.''; and
(3) in subsection (f)(1), by striking ``for each of the
fiscal years 1992, 1993, and 1994, $1,000,000'' and inserting
``for the first full fiscal year beginning after the date of
enactment of the Native American Programs Act Amendments of
1997, such sums as may be necessary''.
The purpose of S. 459, as amended, is to amend the Native
American Programs Act of 1974, P.L. 93-644, (42 U.S.C. 2992d)
to extend through fiscal year 2000 the authorization of
appropriations for four grant programs administered by the
Administration for Native Americans (ANA) within the Department
of Health and Human Services (DHHS). The authorization for
these programs expired in fiscal years 1994, 1995, 1996, and
S. 459 was introduced on March 18, 1997 by Senators
Campbell, Inouye, McCain, Domenici, and Murkowski. As
introduced, the bill would reauthorize three programs
administered by the ANA by extending through fiscal year 2000
the authority for the following programs: general social and
economic development grant appropriations which expired in
fiscal year 1995; tribal environmental quality grant
appropriations which expired in fiscal year 1996; and Native
language preservation grants, which expired in fiscal year
The Committee's Substitute Amendment differs from the bill
as introduced in that it adds a provision reauthorizing the
Native Hawaiian Revolving Loan Fund program, specific authority
for which expired in fiscal year 1994. Accordingly, the
Substitute Amendment would reauthorize four separate programs
under the Native American Programs Act of 1974 through fiscal
On April 21, 1997, the Committee received a letter from the
Administration expressing formal support for the legislation in
general and strong support for the continuation of the Native
Hawaiian Revolving Loan Fund.
On April 22, 1997, the Committee held a hearing S. 459, and
received testimony from the Administration, Indian tribes, and
inter-tribal consortia in support of the ANA program generally
and supportive of the reauthorization of ANA programs through
fiscal year 2000.
On April 29, 1997, the Committee adopted the Substitute
Amendment to S. 459 and ordered S. 459 to be favorably reported
to the Senate as amended with a recommendation that it do pass.
Though modest in appropriations, the ANA is widely
recognized as successful in strengthening Native governments,
fostering vigorous private sector job development, and
contributing greatly to the self-sufficiency of Native
communities across the nation.
The philosophy of the ANA program is to promote self
sufficiency and self-determination among Native communities.
Through its competitive application and review process, Native
communities with poorly-performing economies and high
unemployment rates are the natural targets for ANA grant funds,
and will enjoy competitive advantages in applying for ANA grant
funds. Consistent with its philosophy of channeling much-needed
capital to the neediest communities, ANA's grant award pattern
suggests that the bulk of grant funds are provided to such
Though ANA funds have not been used to develop or operate
gaming establishments, the Committee is cognizant that in an
era of shrinking federal appropriations available to Indian
tribes and Native communities, grant funds like those provided
by the ANA should not be used for such purposes.
The President's Budget Request for fiscal year 1998
programs administered by the Administration for Native
Americans is $34.9 million. For fiscal years 1996 and 1997, the
appropriations for ANA grants have remained steady at
$34,933,230. In fiscal year 1996, ANA provided more than 200
grants for tribal governance programs and social and economic
development initiatives. ANA also provided several dozen grants
to assist tribal recognition and status clarification efforts,
26 grants for projects to enhance tribal regulatory capacity in
order to meet Federal environment requirements, 18 grants to
support projects assisting the survival of Native American
languages, as well as grant funds to support the Native
Hawaiian Revolving Loan Fund.
The principal category of funding is for Social and
Economic Development Strategies (SEDS) grants which support
tribal social and economic development efforts, the creation or
expansion of business and job opportunities, and tribal
governance efforts. Eligible grantees include the 557
federally-recognized tribes; approximately 60 tribes that are
either State-recognized or are seeking federal recognition;
Indian and Alaska Native organizations; Native Hawaiian
communities; and Native populations throughout the Pacific
Although the Administration has requested ANA funding for
fiscal year 1998 at fiscal year 1997 levels, to-date it has not
forwarded a bill to the Congress to reauthorize the Act.
Under the rules governing consideration of appropriations
bills in the House of Representatives, any bill which contains
an unauthorized appropriation may be subject to a point of
order. If the continuation of the ANA programs is to be
assured, it is critical that S. 459 is enacted before the
fiscal year 1998 Interior and Related Agencies Appropriations
bill is considered.
Discussion of Major Provision of S. 459
S. 459 would reauthorize the Native American Programs Act
of 1974 by extending authority through fiscal year 2000 for
general ANA grant appropriations, ANA tribal environmental
quality grant appropriations, Native Languages grants, and the
Native Hawaiian Revolving Loan Fund program.
S. 459 was introduced on March 18, 1997 by Senator
Campbell, for himself and Senators Inouye, McCain, Domenici,
and Murkowski and was referred to the Committee on Indian
Affairs. The Committee held a hearing to receive testimony on
S. 459 from the Administration and Indian tribes on April 22,
1997 in Washington, D.C.
Committee Recommendation and Tabulation of Vote
On April 29, 1997, the Committee on Indian Affairs, in an
open business session, considered an amendment in the nature of
a substitute to S. 459 proposed by Chairman Campbell. By
unanimous vote the Committee adopted the Substitute Amendment
to S. 459 and ordered S. 459 to be favorably reported to the
Senate as amended with a recommendation that it do pass.
Section 1.--Authorization of certain appropriations under the Native
American Programs Act of 1974
(a) Section 816.
(1) This subsection provides for an extension to fiscal
year 2000 of the present authority to appropriate such sums as
may be necessary for the purpose of carrying out the provisions
of the Native American Programs Act of 1974 which do not
otherwise have an express authorization of appropriation.
(2) This subsection provides for an extension through
fiscal year 2000 of the present authority to appropriate
$8,000,000 for the purpose of carrying out the provisions title
42, Section 2991b(d) of the United States Code relating to
grants to improve tribal regulation of environmental quality.
(3) This subsection strikes a $2 million authorization and
provides an extension through fiscal year 2000 of ``such sums
as may be necessary'' for the purpose of carrying out the
provisions of Title 42, Section 2991b-3 of the United States
Code relating to grants to preserve Native Languages.
(b) Section 803A(f)(1).
This subsection strikes a $1 million authorization and
extends authority ``for the first full fiscal year beginning
after the date of enactment'' of the bill for ``such sums as
may be necessary'' for funds provided to carry out the
provisions of Title 42, Section 2991b-1 of the United States
code relating to grants to support the Native Hawaiian
Revolving Loan Fund.
The substitute amendment also changes the term of loans or
loan guarantees made by the revolving loan fund from the
current five (5) years to seven (7) years. In addition, the
substitute would alter the interest rate chargeable on such
loans or loan guarantees to not more than the prime rate plus
three (3%) percent.
Cost and Budgetary Considerations
The cost estimate for S. 459, as amended, as provided by
the Congressional Budget Office, is set forth below:
Congressional Budget Office,
Washington, DC, May 8, 1997.
Hon. Ben Nighthorse Campbell,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 459, the Native
American Programs Act Amendments of 1997.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Dorothy
June E. O'Neill, Director.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
S. 459--The Native American Programs Act Amendments of 1997
Summary: S. 459 would reauthorize programs under the Native
American Programs Act of 1974. This act authorizes the
Administration for Native Americans to provide grants to public
and non-profit private agencies to promote self-sufficiency for
Native Americans. This legislation would authorize
appropriations for fiscal years 1997 through 2000.
Assuming appropriation of authorized amounts, CBO estimates
that the bill would result in additional discretionary spending
of $120 million to $124 million over fiscal years 1997 to 2002.
The legislation would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. The
legislation also does not contain any intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act of 1995 (UMRA), and would impose no costs on state,
local, or tribal governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 459 is shown in the table on the
following page. Some of the authorizations in S. 459 are for
``such sums as may be necessary.'' For the purpose of this
estimate, CBO has projected the authorizations and outlays for
those programs under two different sets of assumptions. In one
case, we have projected future-year appropriations at the 1997
funding level. In the other, we have adjusted the 1997
appropriation for projected inflation in subsequent years.
For the purpose of this estimate, CBO assumes that all
amounts authorized in S. 459 for fiscal years after 1997 would
be appropriated by the start of each fiscal year and that
outlays would follow the historical spending patterns for the
Native American programs.
[By fiscal year, in millions of dollars]
1997 1998 1999 2000 2001 2002
SPENDING SUBJET TO APPROPRIATION
Spending under current law:
Budget authority............................................ 35 ...... ...... ...... ...... ......
Estimated outlays........................................... 36 27 6 1 0 0
``Such sums'' authorizations projected at the 1997 level:
Authorization level..................................... 5 39 38 38 ...... ......
Estimated outlays....................................... 0 10 35 38 30 7
Spending under S. 459:
Authorization level \1\................................. 39 39 38 38 0 0
Estimated outlays....................................... 36 37 41 39 30 7
``Such sums'' authorizations adjusted for inflation:
Authorization level..................................... 5 40 40 41 ...... ......
Estimated outlays....................................... 0 10 36 39 32 7
Spending under S. 459:
Authorization level a................................... 39 40 40 41 ...... ......
Estimated outlays....................................... 36 37 42 41 32 7
\1\ The 1997 level is the amount appropriated for that year.
Note.--Details may not add to totals because of rounding.
The costs of this legislation fall within budget function
500 (education, training, employment, and social services).
The bill would authorize such sums as may be necessary for
fiscal years 1997 to 2000 for most activities authorized under
the Native American Programs Act. In addition, the bill would
authorize several specific activities separately. These
include: $8 million in each of fiscal years 1997 to 2000 for
grants to improve tribal regulation of environmental quality,
such sums as may be necessary for fiscal years 1997 to 2000 for
grants to ensure the survival and continuing vitality of Native
American languages, and such sums as may be necessary for the
first full fiscal year beginning after the date of enactment
for the Native Hawaiian Loan Fund.
For fiscal year 1997, the Congress provided $35 million for
all programs funded under the Native American Programs Act. The
Department of Health and Human Services allocated $1 million to
the Native Hawaiian Loan Fund, and plans to allocate about $3.5
million for grants to improve tribal regulation of
environmental quality and about $2 million or grants to ensure
the survival and continuing vitality of Native American
languages. The balance went to fund other activities authorized
by the act. Where S. 459 authorizes such sums as may be
necessary, CBO bases its estimates on these allocations. The
only potential impact for fiscal year 1997 results from the
authorization of $8 million for grants to improve tribal
regulation of environmental quality. Only $3.5 million has been
appropriated to day, and the estimate assumes that the
additional amount authorized would be appropriated by the
beginning of June.
In addition to reauthorizing appropriations, S. 459 allows
the Native Hawaiian Loan Fun to be used for loan guarantees in
addition to loans, and changes the terms of the loans the fund
may issue. CBO expects that these changes would not
significantly change the rate at which funds are spent.
Pay-as-you-go considerations: None.
Estimated impact on State, local, and tribal governments:
S. 459 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on state, local, or tribal,
governments. Public agencies, including tribal governments, are
eligible to receive the grants authorized by this bill, as are
private nonprofit agencies. The Native American Programs Act
generally requires that grantees provide at least 20 percent of
the cost of a project funded with these grants, though that
share may be reduced in some circumstances.
Estimated impact on the private-sector: This bill would
impose no new private-sector mandates as defined in UMRA.
Estimate prepared by: Federal Cost: Dorothy Rosenbaum;
Impact on State, Local, and Tribal Governments: Marjorie
Miller; Impact on the Private Sector: Lesley Frymier.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 459, as
amended, will have a minimal impact on regulatory or paperwork
The Committee received one letter from the Department of
Health and Human Services, which is reprinted below, providing
the views of the Administration on S. 459 as introduced and the
Administration's support for the continuation of the Native
Hawaiian Revolving Loan Fund.
The Secretary of Health and Human Services,
Washington, DC, April 17, 1997.
Hon. Ben Nighthorse Campbell,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: This is in response to your request for
the views of the Department of Health and Human Services on S.
459, a bill ``To amend the Native American Programs Act of 1974
to extend certain authorizations, and for other purposes.'' We
appreciate the opportunity to present our comments.
The Department supports this legislation. The Social and
Economic Development Strategies (SEDS), Environmental Quality,
and Native Languages Preservation programs under the Native
American Programs Act play a vital role in supporting Indian
and Native American self-determination and the development of
economic, social and governance capacities of Native American
communities. Reauthorization of these programs will promote
projects covering a wide range of interrelated social and
economic development efforts, such as the expansion and
creation of businesses and jobs, youth leadership, cultural
preservation, energy and natural resource management, fish and
wildlife preservation, and the development of new Tribal
constitutions and by-laws.
However, we are very concerned that the bill does not
reauthorize the Native Hawaiian Revolving Loan Fund (NHRLF).
The NHRLF has been very successful in promoting economic
development activities for Native Hawaiians. Among the
Administration for Native Americans grantees, the NHRLF is
considered to be an outstanding success, establishing or
expanding Native Hawaiian-owned businesses and creating full-
time jobs. Therefore, we urge the Committee to consider
permanently authorizing this valuable program.
The Office of Management and Budget has advised that there
is no objection to the presentation of this report from the
standpoint of the Administration's program.
Donna E. Shalala.
The Committee received written testimony from the
Administration for Native Americans--Department of Health and
Human Services for the hearing held on April 22, 1997. The
written testimony from the Administration is as follows:
Statement of Gary Niles Kimble, Commissioner, Administration for Native
Americans, Administration for Children and Families--U.S. Department of
Health and Human Services
Chairman Campbell, Vice Chairman Inouye and members of the
Committee, it is my pleasure to come before you today in
support of the reauthorization of the Native American Programs
Act, administered by the Administration for Native Americans.
There is a strong Administration commitment to address the
critical issues that confront Tribes and Native American
communities, as well as to help them achieve their social,
economic and governance objectives through ANA financial
assistance. I look forward to reporting grantee progress to
this Committee so we can continue this important work.
The Administration for Native Americans is a small agency
with a big mission, which we take very seriously. The impact of
our philosophy and policies is visible and viable in Native
American communities across the country and the Pacific
ANA serves over 550 federally-recognized Tribes (including
over 220 Alaska Native tribal governments), about 60 Tribes
that are State-recognized or seeking Federal recognition,
Indian and Alaska Native organizations, Native Hawaiian
communities, and Native populations in Guam, American Samoa,
Palau, and the Commonwealth of the Northern Mariana Islands.
We strongly support the reauthorization of the Native
American Programs Act (the Act) which is before this Committee
The Social and Economic Development Strategies (SEDS),
Environmental Quality, and Native Languages Preservation
programs under the Native American Programs Act play a vital
role in supporting Indian and Native American self-
determination and the development of economic, social and
governance capacities of Native American communities.
Reauthorization of these programs will promote projects
covering a wide range of interrelated social and economic
development efforts, such as the expansion and creation of
businesses and jobs, youth leadership, cultural preservation,
energy and natural resource management, fish and wildlife
preservation, and the development of new Tribal constitutions
However, we are very concerned that S. 459, a bill before
the Committee to reauthorize the Act, does not include the
Native Hawaiian Revolving Loan Fund (NHRLF). The NHRLF has been
very successful in promoting economic development activities
for Native Hawaiians. Among the Administration for Native
Americans grantees, the NHRLF is considered to be an
outstanding success, establishing or expanding Native Hawaiian
owned businesses and creating full-time jobs.
In order to provide the context for considering the
reauthorization, I would like to present our philosophy for
working with Native American communities as well as a
description of the progress they have recently made.
philosophy and policy
Our philosophy is to support the policies and
implementation of self-determination and self-governance of all
Tribes and Native American communities and organizations.
Within this context, ANA assistance allows them to develop
their own strategies so Native American communities can move
their citizens towards self-sufficiency. We define a Native
American community as self-sufficient when it can generate and
control the resources necessary to meet its social and economic
goals, and the needs of its members.
This approach, which is embodied in the SEDS grant program,
has moved many Tribal and Native programs from having Federal
staff provide services to them, or operating federally-mandated
programs, to developing and implementing their own discrete
projects. Our policy recognizes the right of each individual
Tribe and Native American group to move forward on its own
terms, and to develop and achieve its own community
infrastructure goals. SEDS was developed with formal Tribal and
Native American leadership consultation. This is one example of
how the government-to-government relationship is carried out in
Our policy is based on two fundamental principles:
(1) The local community and its leadership are responsible
for determining its goals, setting priorities, and planning and
implementing programs aimed at achieving those goals. Further,
the local community is in the best position to apply its own
cultural, political, and socio-economic values to its long-term
strategies and programs.
(2) Economic and social development and governance are
interrelated. In order to move toward self-sufficiency,
development in one area should be balanced with development in
the others. Consequently, comprehensive development strategies
should address all aspects of the governmental, economic, and
social infrastructures needed to promote self-sufficient
governance and social and economic development
In FY 1996, ANA awarded 223 grants for governance, social
and economic development projects. These grants include the
expansion and creation of businesses and jobs; youth leadership
and entrepreneurship projects; tourism enterprises; diversified
agricultural projects; cultural centers; fisheries; energy and
natural resource management; and fish and wildlife
preservation--a vital necessity to support the traditional
lifestyle and economies of the Tribes.
I would like to describe some of the accomplishments of the
Tribes and Native American communities using these SEDS grants.
Examples of innovative business enterprises developed
through these grants include the Wai'anae Coast Community
Alternative Development Corporation grant in Hawaii,
facilitating a collaborative effort between the corporate board
and 28 families to develop their community based economic
strategy. It is a ``Backyard Aquaculture Project'' which
combines Hawaiian family values with traditional growing
principles. The board reinforces community management skills
with community aquaculture operations, enabling the families to
manage and operate the project independently.
ANA's attention to the environment and community
involvement is illustrated by our grants with the Native
American Fish and Wildlife Society. The project involves eight
Alaskan villages bordering the Copper River, a rich salmon
fishery. A management plan for the villages' unique salmon fish
wheels is being developed, leading to the first tribal
administered fishery in Alaska. Another example, the Inter-
Tribal Bison Cooperative, involves 40 Tribes in 16 States
(Alaska, California, Colorado, Idaho, Kansas, Michigan,
Montana, North and South Dakota, Nebraska, New Mexico,
Oklahoma, Utah, Washington, Wisconsin, and Wyoming) in a
project committed to re-establishing buffalo herds on Indian
lands in a manner that promotes community development, cultural
and social enhancement, ecological restoration and spiritual
revitalization. The Cooperative received a grant to develop
cultural education programs, an Internet WEB page, and
culturally relevant national standards for the buffalo
industry. Recently, this grantee was chosen as the winner of
Renew America's Seventh Annual Award for Environmental
Sustainability in the Redefining Progress category and honored
with 23 other winners at an AT&T; event in Washington, D.C.
ANA also assists Tribes with Federal recognition and status
clarification. In FY 1996 and to-date in FY 1997, we have
provided grants to 35 Tribes to conduct status clarification
projects to re-establish their trust relationship with the
For example, in Nevada, the Walker River Paiute's grant
provides assistance to establish a two-person taxation
department within the Tribal government. This allows the Tribe
to implement the Possessory Interest Tax Ordinance, the Sales
and Use Tax, and the Cigarette and Tobacco Tax Ordinance. As a
result, the Tribe has improved its governmental structure and
self-determination capabilities while benefitting from
diversified revenues. Besides paying for the tax department's
operating costs, the new revenue defrays the cost of providing
essential services to Tribal members.
other ana funding initiatives
In addition, ANA funds projects in other competitive areas
that address critical needs at the Tribal and village level.
Native languages preservation and enhancement
Native languages are one of the crucial cultural resources
by which tribal peoples identify themselves. Preserving
language and culture reduces alienation often experienced by
youth, reducing the levels of substance abuse, violence and
other self-destructive behavior. It also is significant to note
that Tribes who observe traditional ways have much lower rates
of alcoholism and other forms of substance abuse. Since many
Native languages are in danger of being lost completely as
dwindling groups of elders are the only speakers, ANA is
funding Native Languages at a higher level in FY 1997 ($2
million). This higher level of funding augments the 13 projects
started in FY 1996 for the survival and continuing vitality of
Native American use; development of specialized curricula;
Native language training programs; language immersion camps for
youth; and master (elder)/apprentice programs; transcribing or
recording on audio and video tapes; oral narratives that will
be used to develop or revise dictionaries and curricula; and
incorporating a Tribe's language into Tribal Head Start and
child care programs.
Environmental regulatory enhancement
Tribes and Alaska village governments are operating 23
environmental regulatory enhancement projects that build
professional staff capacity to monitor and enforce Tribal
environmental programs; develop Tribal environmental statutes
and establish community environmental quality standards; and
conduct the research needed to identify sources of pollution
and determine the impact on existing environmental quality. The
projects also help Tribes and village governments to meet
Federal environmental requirements.
Mitigating environmental impact of DoD activities on Indian lands
In FY 1996, 12 grants were approved for the mitigation of
damage to Indian lands due to Department of Defense (DoD)
activities. Briefly, the projects address mitigating the damage
to treaty-protected spawning habitats, damage caused to Tribal
range and forest lands, adverse effects to sacred sites and
religious ceremonies, suspected leakage of underground storage
tanks, and unexploded ordnance on Indian reservation lands that
has resulted in damage to rangelands, wildlife habitats, and
stock water wells. These grants were funded by a transfer of
funds from the DoD to ANA.
Temporary assistance for needy families (TANF) information
dissemination and strategy support program
Under the recently enacted welfare reform law federally
recognized Tribes, the Metlakatla Indian Community and the 12
Alaska Native regional non-profit corporations become eligible
to operate their own Temporary Assistance for Needy Families
(TANF) program. In FY 1997, we initiated the Information
Dissemination and Strategy Development program, a new grant
subset within the SEDS program, to assist Tribal and community
leaders in their TANF participation decisionmaking. Through
these SEDS grants, ANA grantees will disseminate information
and develop options to share among potential Tribal TANF
applicants. Providing these Tribes and organizations with the
information necessary for them to make an informed decision
about their options under the new welfare reform law supports
the ANA philosophy of local self-determination.
The native Hawaiian revolving loan fund
The Native Hawaiian Revolving Loan Fund (NHRLF) promotes
economic development by providing loans to Native Hawaiians not
available from other sources on reasonable terms and
conditions. The program encourages Native Hawaiian business
development and, ultimately, seeks to increase self-sufficiency
for the Native Hawaiian community. Through FY 1996, ANA has
provided over $7.9 million for the operation of the fund, while
the loan administrator has furnished over $3.9 million in
matching funds, including all administrative costs. More work
is needed to help Hawaiian-owned businesses become viable,
self-sustaining and a more significant part of the total State
economic system. Therefore, we request the Committee
permanently authorize this valuable program.
I hope I have conveyed to you the vital role that ANA plays
in implementing a ``living'' model of the government-to-
government relationship with the Tribes and Alaska villages.
I look forward to working with this Committee to build upon
ANA's support of Native American self-governance and economic
development. I would be happy to answer any questions at this
Changes in Existing Law
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes the following
changes in existing law (existing law proposed to be omitted is
enclosed in black brackets, new matter printed in italic).
Title 42, Section 2992d.
(a) There are authorized to be appropriated for the purpose
of carrying out the provisions of this subchapter (other than
sections 2991b(d), 2991b-1 2991b-3 of this title, subsection
(e) of this section, and any other provision of this subchapter
for which there is an express authorization of appropriations),
such sums as may be necessary [for fiscal years 1992, 1993,
1994, and 1995.] for each of fiscal years 1997, 1998, 1999, and
* * * * * * *
(c) There are authorized to be appropriated $8,000,000 [for
each of the fiscal years 1992, 1993, 1994, 1995, and 1996,] for
each of fiscal years 1997, 1998, 1999, and 2000, for the
purpose of carrying out the provisions of section 2991b(d) of
* * * * * * *
(e) There are authorized to be appropriated to carry out
section 2991b-3 of this title, [$2,000,000 for fiscal year 1993
and such sums as may be necessary for fiscal years 1994, 1995,
1996, and 1997.] such sums as may be necessary for each of
fiscal years 1997, 1998, 1999, and 2000.
Title 42, Section 2991b-1(b). Loans to borrowers;
determinations; terms; interest rate; default and collection
procedures; prohibition on self-lending.
(2) Loans made under subsection (a)(1)(A) of this
section shall be--
(A) for a term that does not exceed  7
(B) at a rate of interest [that does is 2
percentage points below the average market
yield on the most recent public offering of
United States Treasury bills occurring before
the date on which the loan is made] ``that does
not exceed a rate equal to the sum of
(1) the most recently published prime
rate (as published in the newspapers of
general circulation in the State of
Hawaii before the date on which the
loan is made); and
(II) 3 percentage points.''
Title 42, Section 2291b-1(f). Authorization of appropriations;
investment in obligations of United States
(1) There is authorized to be appropriated [for each
of the fiscal years 1992, 1993, and 1994, $1,000,000]
``for the first full fiscal year beginning after the
date of enactment of the Native American Programs Act
Amendments of 1997, such sums as may be necessary''.
A P P E N D I X
Statement of Wallace Coffey, Chairman/CEO Comanche Indian Tribe
Mr. Chairman and members of the Senate Committee on Indian
Affairs: I appreciate the opportunity to provide testimony on
the reauthorization of grant programs as administered by the
Administration for Native Americans.
My name is Wallace Coffey. I am the Chairman and Chief
Executive Officer of the Comanche Indian Tribe with
headquarters located in Lawton, Oklahoma.
I'm here because I represent a people. People who lived a
long time ago and people who live in today's modern world. But
we are the same people so I know how I feel about being a part
of this unique group. As Chairman of the Comanche Indian Tribe,
my relatives have prevailed upon me to be here to represent my
ancestors, those who cannot any longer speak for themselves but
whose presence we feel. I come to represent those yet unborn so
they can have opportunities available to them in the years to
This is the reason I am here. I have my interpretation of
this legislation and I'm here to propose that we consider the
reauthorization of this law in the best interest of everyone
concerned and to request increased funding so opportunities can
reach more communities, tribes and individuals.
Some people say the most formidable challenges facing
Indian people today are those rooted in economic conditions. I
disagree with that because I don't think that economic
conditions contribute to our failure, or our lack of progress
because Indian people have survived without economic gains. I
firmly believe that attitudes towards us and the indifference
to our concerns are by far our greatest challenge. Dr. George
Bernard Shaw in the ``Devils Disciple'' stated: ``The greatest
sin toward our fellow creatures is not to hate them but to be
indifferent to them, that is the essence of inhumanity.''
When I was in the 2nd grade I was classified as mongolian,
because at that time there were only two distinct classes of
race: Black and White. In the 6th grade my classification
changed to caucasian because it was obvious that my
characteristics were different from mongolians. When I was in
Jr. High I became and American Indian,when I was in high school
I became a Native American. When in college working on my undergraduate
education I became an indigenous group and when I was working on my
Masters degree I became a sovereign nation. Today I'm other.
I share this with you because I have traveled a great
distance in my short life and I am concerned about the status
of my children and what they're classification will be beyond
the year 2000.
Several years ago we had the American Indian Self-
Determination and Educational Assistance Act. While tribes
across the United States are making every attempt to understand
self-determination, I have seen great strides as a result of
this federal policy. Today, the Chippewas are now called
Ojibwa--Papago are now called Tohono-Odom, Comanches were the
Numunu, Creeks are now calling themselves the Muskogee. The
Winnebago are the Ho-Chungras, and the Sioux are called Lakota-
Dakota and Nakota and the Navajo are wrestling with the term
Over the years, ANA grants have furthered the development
of Native American social and economic self-determination.
Tribes have established for themselves tribal court systems to
address any internal conflicts and to bring our court systems
to a professional level of operation. We now have governmental
codes and improved ordinances which allow tribes to govern
themselves in a manner consistent with the county, state and
federal government. We are advocating for land and water rights
while at the same time establishing environmental codes which
will provide for policy and regulations which impact tribal
I have seen the creation of Native American businesses and
through this the employment of Indian people which has provided
economic security for many Native American families, many of
which started as a result of ANA funds as seed money.
The Administration for Native Americans, since its
inception has assisted American Indian Tribes in the
development of programs and goals which will help them advance
into the future while at the same time helping us improve the
way we feel about ourselves. The area of focusing on human need
is widely accepted on many Indian reservations and is
reinforced by the need to foster a strong spiritual and
The Comanche Tribe currently has a Language preservation
program funded by the Administration for Native Americans. This
program is geared to Comanche pre-schoolers 3 to 5 years of
age. During the Comanche Tribes 6th Annual prayer Breakfast,
held recently during the beginning of Spring, these young
children made a presentation and sang songs as composed by our
ancestors which spoke of our love for Jesus Christ and of the
promise of everlasting life.
The hearts of our elders were touched with many shedding
tears as they witnessed young Comanche children speaking our
tribal language and singing songs of inspiration.
This ANA language opportunity is especially important to
us, the Numunu, the Comanches, because we live in Oklahoma.
Oklahoma is a state with 37 federally recognized Indian tribes
and we have NO reservations. We live in communities with
everyone else. Having no reservations makes it harder for us to
retain our culture and our language. This grant has helped to
bring our tribal community together and to honor our fluent
elders as they share their knowledge with our very young.
We all say we respect our elders but we found we were not
fully utilizing this resource. This ANA project has motivate us
to realize that our fluent elders are dying off, we will always
have elders, but our speakers are leaving us. This project gave
us the opportunity to begin to create a new generation of
Comanche speakers (Tschaw) with 3, 4 and 5 year old (Tschaw-
Tschaws) which are the great grandchildren and the term Tschaw-
Tschaw is our endearing term. This project gives us the
motivation to utilize our elders, a precious tribal resource
and connection with our children-our future.
This ANA project is helping our Comanche families to
retrieve their rightful position as the first teachers of our
language, because this grant is helping the children's families
to speak the language everyday and at home. It reinforces what
we already know that just to teach it is not enough. You have
to speak it everyday and everywhere.
As a result of this ANA grant, our tribal members are
planning ways to utilize our culture with families to reclaim
the family and cultural values to stem social problems in our
This ANA grant's biggest impact has been the empowering of
the community to value our language and to realize that we all
need to take a rightful stake in our tribal lives. This ANA
grant is helping us to go beyond self-victimization and helping
us to take back our responsibility for our culture and our
language because the overlying impact of this project is
helping to preserve our culture.
A main ingredient is in the establishment of community as a
source of stability and security, providing the individual
youth and parent with a sense of identity, wholeness and shared
values. The Comanche Tribe's ``Path to Empowerment,'' is a
strategy of planned undertakings in the attempt to modify
certain social conditions--but through the processes generated
within and by the community.
It becomes apparent that we lay the groundwork for our
children. Children of culture and color who must make the
transition into the 21st century with as limited amount of
conflict as our ancestors had to endure. Today, the dreams of
our elders are becoming a reality. We have come to recognize
that culture embodies language, religion, art, traditions,
customs, traits and values and most importantly, ceremony and
The greatest success in Indian country is the tranquility
in the American IndianExperience. Sitting Bull once said ``If a
man loses something that has meaning, if he goes back and looks for it
carefully, he will find it.'' Through the ANA funded Comanche Language
Program, Comanche men and women are learning the lessons of our
culture. It is the renaissance of the flowering of life, the beginnings
of wisdom and in turn reverence for spiritual strength.
I am proud to say hello to my friend Senator Ben
``Nighthorse'' Campbell, for he is an individual who is
knowledgeable of his culture and that in today's modern society
those compelling beliefs which reach back into his past begin
to play a significant role in the development of our future and
his as well.
As the Chairman of the Comanche Indian Tribe, I must say
that it matters not that a majority of our people choose to
avoid the frustrating struggles for progress for it is well
known in the history of all nations that we have moved forward
on the backs of the courageous and talented few. For that I
commend the work of the Senate Committee on Indian Affairs for
your commitment and dedication. I thank you for giving me this
opportunity to testify in favor of reauthorization of grant
programs as administered by the Administration for Native
Americans. I further encourage you to consider increased
funding so opportunities can reach more communities, tribes and
Thank you very much.
Statement of Clement J. Frost, Chairman, Southern Ute Indian Tribe
The Administration for Native Americans, operated by the
Administration for Youth and Families, Department of Health and
Human Services, is a unique and particularly effective source
of funding for social and economic development projects on
Indian Reservations. The Southern Ute Indian Tribe has
successfully administered ANA programs for 20 years. Each of
these programs has made a profound, positive impact on the
Southern Ute Tribe.
A comprehensive study of the impact of coal development on
the Southern Ute Reservation was completed along with an in-
depth household survey and a review of government operations in
the early 1980s. This study provided the first detailed
information collected by the Tribe on social and economic
issues for it's members. The study design allowed a
quantitative analysis of the actual impact that local issues
were having on families. Lack of employment opportunities,
family income, attitudes about school, and substance abuse
issues were among those that emerged as most important to
Tribal members. Subsequent Tribal initiatives have addressed
many of these issues. The review of Tribal governmental
structure led to the recommendation that the Tribe establish a
personnel department. This task was accomplished with an ANA
grant. With nearly 400 Tribal employees, the Tribal Personnel
office now includes a full staff; salaries and benefits are
among the most competitive in La Plata County.
The Southern Utes are one of only two sovereign Indian
Tribes in Colorado. ANA provided funding for the Tribe to
negotiate several local and state interagency agreements which
have made available child care, home health care, and self-
image enhancement programs for youth, by accessing state of
Colorado programs without compromising Tribal sovereignty. ANA
assisted the Tribe as it moved into the information age by
supporting computer equipment purchases and training in
financial management and data collection. In response to the
findings of the household study, Tribal employees were provided
with Employee Assistance Services and a voluntary Health
A program which has been replicated on several other Indian
Reservations was the Natural Resources Management Project which
the Tribe implemented from 1987-1989. This project included a
range inventory, water quality monitoring, incorporation of
aerial photographs of the reservation with the GIS data base,
and the review and revision of Tribal Codes dealing with
resource management. The result was a 20 year management plan
which is currently being implemented by the Tribe's Natural
Building on it's natural resource base, the Tribe then
decided to develop a Utilities Department. From a small
operation providing potable water in bulk to the Town of
Ignacio and a few Tribal homes and buildings, the Southern Ute
Utilities Department is now a viable operation providing water,
natural gas, sewer, and solid waste disposal services to a
large segment of the Southern Ute/Ignacio community. With
initial ANA support, this division has grown to one largely
self-supporting through consumer payments for services.
The Tribal planning and priority-setting process, which
took place prior to the development ofa gaming operation on the
Southern Ute Reservation, exposed the need to enhance the traditional
part of Ute culture. Many people felt that, as the Tribe continued its
progressive development, traditions would be lost. The Administration
for Native Americans supported a project which resulted in written
documentation of traditional skills and crafts, including tipi making,
moccasin making and Ute beadwork, the summer cultural camp immersion
program for Tribal youth in 1994 and 1995, the completion of the Museum
exhibits and collection maintenance plans and preliminary design of a
new facility to house the Museum and Cultural Center.
The Tribe's current project, now close to completion, is
the cataloging of Ute artifacts which are housed in museums all
over the United States. Tribal museum and archival staff have
traveled to Denver and to Washington, D.C. to inventory and
photograph those artifacts which have been identified as Ute.
These images have been scanned into a local archival data base
for access by local researchers and Tribal members.
As can be seen by this discussion, ANA funding continues to
positively impact the Southern Ute Tribe in ways that can not
be accomplished with other funding sources. Specific advantages
to the Administration for Native Americans program are:
1. Because the program is housed independently of Indian
Health Service or the Bureau of Indian Affairs, it can remain a
discretionary program and is not in danger of becoming an
entitlement. This allows ANA staff and reviewers to direct
funding to high quality projects with an excellent potential
for success. In turn, this results in more effective use of
2. The nature of ANA funding makes it flexible enough to be
applied by the Tribe to almost any area of need or opportunity
which arises. Because of this, projects are determined and
designed locally, without a need to apply federal ``cookie
cutter'' approaches to program design. This feature also
enhances project success.
3. ANA project applications are subject to a peer review
process. Reviewers are asked to look for certain elements which
will enhance project success. Among these is evidence of a
local long range planning process which indicates the need for
the proposed project. Because this is a part of the
application, ANA does not fund projects that do not have broad-
based local support and are related to longstanding Tribal
In summary, the Southern Ute Tribe has appreciated the
opportunity to participate with the Administration for Native
Americans in the development of stronger social and economic
infrastructure on Indian reservations. ANA funding has had a
positive impact on the Southern Ute Reservation. In every case,
Tribal programs have continued with other support after the end
of ANA funding, demonstrating that the federal dollars spent on
establishment of programs and services were well spent and have
been matched several times over in ensuring years. On behalf of
the Southern Ute Tribal Council, I urge continued funding of
this unique and valuable program for Native American people.
Statement of A. David Lester
I am A. David Lester, Executive Director of the Council of
Energy Resource Tribes, a position I have held for the past 15
The purpose of the Act and the programs administered under
the Act is to promote social and economic self-sufficiency for
Native Americans, indigenous peoples of the fifty states and
various territories of the U.S.
I have come to offer three reasons why the Native American
Programs Act Reauthorization makes sound national policy.
First, dollar for dollar ANA is the most effective, most
efficient and most innovative federal program serving all
ANA is responsive to locally conceived and initiated
programs. In its early years, ANA pioneered programs that were
later incorporated into other federal programs. Among these are
services to the aging, Indian controlled schools, Tribal
employment rights, Tribal community colleges, and locally
controlled community development.
It has not spawned an entrenched federal bureaucracy nor
created a dependent, subsidized job program of local
bureaucrats as other federal agencies have.
It is responsive to changing circumstances, changing social
conditions and economic opportunities as defined by local
communities and Tribes. Today ANA is at the forefront of
helping Tribes develop institutional capacities for social and
economic progress. Through ANA, Indian Tribes are being
prepared to respond to the restructuring of the electric
utility industry. Tribes are securing access to federal
hydropower and are planning how to serve their people as
welfare reform is beginning to unfold.
ANA succeeds by investing not in itself but in Native
Americans' future as defined at the local level.
Second, the inclusion of language preservation and the
enhancement of Tribes to protect their natural environments are
essential elements for any Native American strategy for
economic or social development.
History clearly teaches that cultural continuity is
essential for social and political stability; the loss of
traditional values erodes social and family cohesion which
areessential and necessary to economic and social development. Language
preservation is part of modern concepts for social development.
Native American values extend to our natural environment in
a manner not well understood by non-natives. Thus for us,
environmental protection is not just a social duty or legal
stricture, it is a sacred imperative. If we are to develop
economically, we need the tools to protect our environment.
Modern domestic American economics require as part of the
legal and social infrastructure well defined norms and
regulations concerning waste management, abatement and
reclamation. Indian Tribes are developing modern economies that
require an environmental regulatory infrastructure if they are
to attract private financing and investment.
Environmental standards backed by regulations and codes
form the background for investment decisions by corporations
and banks. Without the help from ANA, many Tribes could not
develop the necessary legal infrastructure that protects the
environment on the one hand and that eliminates uncertainties
over environmental liabilities for business investment on the
Third, ANA gives local Tribal and Native American
leadership and institutions the ability to conceive, plan and
implement projects that give expression to local values and
Social and economic vitality for Native Americans comes
when our communities work toward common goals, empowered by a
common vision of who they are and who they are to become. ANA's
social and economic development strategies respects the
principle of local empowerment.
Local values and priorities for social and economic
development often converge with other communities and Tribes
creating conditions for effective coalitions. Leadership for
these inter-tribal organizations comes from the local Tribes,
thus preserving local control while creating efficiencies and
effectiveness for action.
I have been directed by the 53 American Indian Tribes that
make up the Council of Energy Resource Tribes and its governing
Board of Directors to support the efforts of this committee and
those of Commissioner Gary Kimble for the reauthorization for
these necessary programs, and once authorized, to seek the sums
truly needed to implement the Act.
The money made available for implementation of the Social
and Economic Development Strategies grant program, language
preservation and Indian environmental protection have not been
adequate to fund the projects worthy of support. ANA does not
promote continued dependence on federal support and is a means
by which less economically privileged Native American Tribes
and communities can leverage economic and social progress from
their own decision and actions which is the essence of the
promise of America.