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                                                       Calendar No. 634
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-306

======================================================================



 
        TO REAUTHORIZE THE NATIVE AMERICAN PROGRAMS ACT OF 1974

                                _______
                                

                 July 15, 2004.--Ordered to be printed

                                _______
                                

   Mr. Campbell, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 2436]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 2436) to reauthorize the Native American Programs Act 
of 1974, having considered the same, reports favorably thereon 
with amendments and recommends that the bill (as amended) do 
pass.

                                Purpose

    The purpose of S. 2436, a bill to reauthorize the Native 
American Programs Act of 1974 is to continue this vital program 
through 2009.

                               Background

    The Native American Programs Act of 1974 (NAPA) is 
administered by the Administration for Native Americans (ANA) 
within the Department of Health and Human Services. The Native 
American Programs Act evolved over time from the Economic 
Opportunity Act of 1964, which was enacted as part of President 
Johnson's War on Poverty initiative. In 1990, the Act was 
amended to provide grants to improve the capability of Indian 
tribal governments to regulate environmental quality (Pub. L. 
101-408). In 1992, NAPA was further amended to establish the 
Administration for Native Americans in the Office of 
Administration for Children and Families of the Department of 
Health and Human Services and to designate the Commissioner for 
Native American Programs as its head (Pub. L. 102-375). The 
1992 amendments also established the Intra-Departmental Council 
on Native American Affairs within the Department. The 
Commissioner for Native American Programs is designated as the 
chairperson of this Council, and the Director of the Indian 
Health Service is the vice chairperson. Also in 1992, a grant 
program to assure the survival and continuing vitality of 
Native American Languages was added (Pub. L. 102-524) to the 
Administration's responsibilities.
    The major goals of the ANA in administering the Native 
American Programs Act are to: (1) assist tribal and Alaska 
Native village governments, Native American institutions, and 
local leadership to exercise control and decision making over 
their resources; (2) foster the development of stable, 
diversified local economies and economic activities that will 
provide jobs, promote economic well-being, and reduce 
dependency on public funds and social services; and (3) support 
local access to, and, control and coordination of, services and 
programs that safeguard the health and well-being of people and 
are essential to a thriving and self-sufficient community.
    The ANA awards annual grants on a competitive basis and 
provides many native communities with critical startup funds 
for social, governance, economic, environmental, and cultural 
programs that are developed by the communities themselves. The 
program addresses key needs for native communities by helping 
them begin and expand businesses, enhancing tribal capabilities 
to promote natural environments, and preserving and restoring 
native languages. The Native American Programs Act supports 
Native American self-governance in the development of economic, 
social, and governance capacities of Native American 
communities.
    On June 8, 2004, the Committee held a legislative hearing 
on S. 2436. Witnesses included the Commissioner of the 
Administration for Native Americans, Department of Health and 
Human Services, and representatives of Native American groups 
that have benefitted from the funding provided through the 
Native American Programs Act.
    All witnesses concurred that the Native American Programs 
Act was achieving its purposes and should be reauthorized. In 
addition, at the request of the Department of Health and Human 
Services, the Committee amended the bill to include language 
which would direct that the Intra-Departmental Council within 
the Office of the Secretary be co-chaired by the Commissioner 
of the Administration for Native Americans and the Director of 
the Indian Health Service.

                      Section-by-Section Analysis


Section 1. Native American Programs Act of 1974

    Section 1(a) amends section 803(d)(1) of the Native 
American Programs Act of 1974, by directing that the 
Commissioner of the Administration for Native Americans and the 
Director of the Indian Health Service serve as co-chairpersons 
of the Intra-Departmental Council on Native American Affairs 
that is established within the Office of the Secretary. It also 
directs that the co chairpersons shall advise the Secretary on 
all matters affecting Native Americans that involve the 
Department.
    Section 1(b) continues the authorization of $8,000,000 per 
year for grants to improve tribal regulation of environmental 
quality and such sums as are necessary for the other grant 
programs. The requirement that 90 percent of the funds made 
available for this title in any fiscal year shall be expended 
for financial assistance to public and nonprofit agencies is 
also continued. Authorization for appropriations is provided 
from 2005 through 2009.
    Section 1(c) amends the current annual reporting 
requirement for the Secretary of the Department of Health and 
Human Services to require a report every five years.

                          Legislative History

    S. 2436 was introduced by Senator Inouye on May 8, 2004, 
and was referred to the Committee on Indian Affairs. The 
Committee held a legislative hearing on S. 2436 on June 8, 
2004.

            Committee Recommendation and Tabulation of Vote

    The Committee on Indian Affairs, on June 16, 2004, in an 
open business meeting, by a unanimous vote, voted to report S. 
2436 as amended to the full Senate with recommendation that it 
do pass.

                    Cost and Budgetary Consideration

    The cost estimate for S. 2436 as calculated by the 
Congressional Budget Office, is set forth below:

S. 2436--A bill to reauthorize the Native American Programs Act of 1974

    Summary: S. 2436 would reauthorize appropriations for the 
Native Americans Programs Act of 1974 through 2009. The 
programs were authorized for 2004 by the Consolidated 
Appropriations Act, 2004 (Public Law 108-199).
    CBO estimates that authorizations under the bill would 
total $51 million in 2005 and $260 million over the 2005-2009 
period, assuming that annual funding is adjusted for inflation 
when specific annual authorizations are not provided. (Without 
such inflation adjustments, the authorizations would total $251 
million over the 2005-2009 period.) CBO estimates that 
appropriations of the authorized levels would result in 
additional outlays of $182 million over the 2005-2009 period, 
if inflation adjustments are included (and about $177 million 
without inflation adjustments). The bill would not affect 
direct spending or revenues.
    S. 2436 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2436 is shown in the following table. 
The costs of this legislation fall within budget function 500 
(education, training, employment, and social services).

------------------------------------------------------------------------
                                By fiscal year, in millionS of dollars--
                               -----------------------------------------
                                 2004   2005   2006   2007   2008   2009
------------------------------------------------------------------------
                    SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
    Budget authority \1\......     45      0      0      0      0      0
    Estimated outlays.........     43     39     13      4      0      0
Proposed changes:
    Environmental quality
     grants:
        Authorization level...      0      8      8      8      8      8
        Estimated outlays.....      0      1      5      7      7      8
    Other Native American
     programs:
        Estimated                   0     43     43     44     45     46
         authorization level..
        Estimated outlays.....      0      4     29     38     41     42
    Total proposed changes:
        Estimated                   0     51     51     52     53     54
         authorization level..
        Estimated outlays.....      0      5     34     45     48     50
Total spending under S. 2436:
    Budget authority/              45     51     51     52     53     54
     authorization level \1\..
    Estimated outlays.........     43     44     47     49     50     50
------------------------------------------------------------------------
\1\ The 2004 level is the amount appropriated for that year for the
  Native American programs.

    Basis of estimate: S. 2436 would reauthorize programs 
created under the Native American Program Act of 1974. The 
program for grants to improve tribal regulation of 
environmental quality would be reauthorized at $8 million 
annually for 2005-2009. The other programs would be 
reauthorized at such sums as may be necessary for 2005 through 
2009; CBO's estimate of the authorized level for each of those 
programs is the appropriated amount for 2004 inflated in later 
years. The estimated outlays reflect CBO's current assumptions 
about spending patterns in the authorized programs.

Grants for environmental quality

    The bill would reauthorize a program that provides matching 
grants to tribal governments to help them plan, design, and 
implement efforts to improve the capability of the governments 
to attain standards of environmental quality. S. 2436 would 
authorize appropriations of $8 million annually through 2009 
for the training and education of employees, the development of 
tribal laws on environmental quality, and the enforcement and 
monitoring of those laws. These activities received $3 million 
in funding for 2004. If the authorized amounts are 
appropriated, outlays would increase by $28 million over the 
five-year period.

Other Native American programs

    S. 2436 would authorize the appropriation of such sums as 
may be necessary for projects, training and services that 
support at-risk youth, elderly, or disabled Native Americans, 
promote the development of a private-sector economy, and 
support native languages. About $42 million of the total 
funding for Native American programs has been allocated for 
these activities in 2004. Adjusting the 2004 funding for 
inflation, the bill would authorize appropriations of $220 
million over the 2005-2009 period, which would result in $154 
million in outlays.
    Intergovernmental and private-sector impact: S. 2436 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. Enacting this legislation would benefit 
Indian tribes.
    Estimate prepared by: Federal Costs: Paul Cullinan. Impact 
on State, Local, and Tribal Governments: Marjorie Miller. 
Impact on the Private Sector: Selena Caldera.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                        Executive Communications

    The Committee has received no communications from the 
Executive branch of government on S. 2436.

                    Regulatory and Paperwork Impact

    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. 2436 will 
have a minimal impact on regulatory or paperwork requirements. 
In fact, because the report requirement in this bill is changed 
from an annual report to a report to be submitted every five 
years, the paperwork requirement is decreased.

                        Changes in Existing Law


                      UNITED STATES CODE ANNOTATED


                TITLE 42. THE PUBLIC HEALTH AND WELFARE


                CHAPTER 34--ECONOMIC OPPORTUNITY PROGRAM


Sec. 2991b-2(d) Intra-Departmental Council on Native American Affairs

    (1) [There is established in the Office of the Secretary 
the Intra-Departmental Council on Native American Affairs. The 
Commissioner shall be the chairperson of such Council and shall 
advise the Secretary on all matters affecting Native Americans 
that involve the Department. The Director of the Indian Health 
Service shall serve as vice chairperson of the Council.] There 
is established in the Office of the Secretary the Intra-
Departmental Council on Native American Affairs. The 
Commissioner and the Director of the Indian Health Service 
shall serve as co-chairpersons of the Council. The co-
chairpersons shall advise the Secretary on all matters 
affecting Native Americans that involve the Department.

Sec. 2992d. Authorization of appropriations

    [(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 each of 
fiscal years 1999 2000, 2001, and 2002.]
    (a) In General.--There are authorized to be appropriated--
          (1) to carry out section 803(d), $8,000,000 for each 
        of fiscal years 2005 through 2009; and
          (2) to carry out provisions of this title other than 
        section 803(d) and any other provision having an 
        express authorization of appropriations, such sums as 
        are necessary for each of fiscal years 2005 through 
        2009.
    [(b) Not less than 90 per centum of the funds made 
available to carry out the provisions of this subchapter (other 
than sections 2991b(d), 2991b-1, 2991b-3, 2991c of this title, 
subsection (e) of this section, and any other provision of this 
subchapter for which there is an express authorization of 
appropriations) for a fiscal year shall be expended to carry 
out section 2991b(a) of this title for such fiscal year.]
    (b) Limitation.--Not less than 90 percent of the funds made 
available to carry out this title for a fiscal year (other than 
funds made available to carry out sections 803(d), 803A, 803C, 
and 804, and any other provision of this title having an 
express authorization of appropriations) shall be expended to 
carry out section 803(a).
    [(c) There is authorized to be appropriated $8,000,000 for 
each of fiscal years 1999, 2000, 2001, and 2002, for the 
purpose of carrying out the provisions of section 2991b(d) of 
this title.]
    [(d)] (c)(1) For fiscal year 1994, there are authorized to 
be appropriated such sums as may be necessary for the purpose 
of--
          (A) establishing demonstration projects to conduct 
        research related to Native American studies and Indian 
        policy development; and
          (B) continuing the development of a detailed plan, 
        based in part on the results of the projects, for the 
        establishment of a National Center for Native American 
        Studies and Indian Policy Development.
    (2) Such a plan shall be delivered to the Congress not 
later than 30 days after September 30, 1992.
    [(e) There are authorized to be appropriated to carry out 
section 2991b-3 of this title such sums as maybe necessary for 
each of fiscal years 1999, 2000, 2001, and 2002.]

Sec. 2992-1. [Annual report]

SEC. 811A. REPORTS.

    [The Secretary shall, not later than January 31 of each 
year] Every 5 years, the Secretary shall prepare and transmit 
to the President pro tempore of the Senate and the Speaker of 
the House of Representatives [an annual report] a report on the 
social and economic conditions of American Indians, Native 
Hawaiians, other Native American Pacific Islanders (including 
American Samoan Natives), and Alaska Natives, together with 
such recommendations to Congress as the Secretary considers to 
be appropriate.