Washington D.C. Update, continued from page 2
Monday, September 17, 2018
Washington D.C. Update
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For:
The Confederated Tribes of Siletz
Indians
From: Matt Hill
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Columbia River housing
authorization
House passes four Indian bills
Tribal Social Security bill to
become law
DOI preparing to initiate ITARA
demo program
Farm Bill debate re: Tribal for-
estry provision
BIE releases new “Strategic
Direction”
Native funding increases in
FY19 Health/Human Service
approps
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Columbia River housing
authorization
Last week Senate and House confer-
ees released a final version of the Water
Resources Development Act (WRDA).
This bill generally authorizes funding for
the US Army Corps of Engineers. Sec-
tion 1133 of the bill contains legislative
language that:
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Directs the Corps to assess the extent
of Indians displaced by construction
of the Bonneville Dam and John Day
Dam ... and provide “assistance”
Directs the Corps to complete and
carry out a village development plan
for any Indian village flooded by con-
struction of The Dalles Dam, and may
acquire land from willing landowners
in order for the village development
This legislative language does not
specify where the housing will be and how
it will be assigned to Tribes or individuals.
Reps DeFazio and Walden were conferees
and helpful in securing the language, as
was Sen. Merkley, who sponsored the
original provision to authorize these
actions and studies.
The House passed the Conference
Report to the WRDA on Thursday and
the bill has moved to the Senate for
consideration.
House passes four Indian bills
Last week the U.S. House of Represen-
tatives passed several Indian-related bills:
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H.R.3764 – Little Shell Tribe of
Chippewa Indians Restoration Act of
2018: The bill will provide federal
recognition to the Little Shell Tribe
of Chippewa Indians of Montana.
The bill is sponsored by Montana
Rep. Greg Gianforte, who took over
sponsorship from former Montana
Rep. Ryan Zinke. This is not the first
time the Tribe has pushed for recog-
nition. Dating back to the 1930s and
1940s, the Tribe petitioned the federal
government for a formal reservation
and to be allowed to organize under
the Indian Reorganization Act of
1934. The recognition legislation has
faltered in recent years. Last Congress,
Sen. Jon Tester (D-MT) was able to
pass his version of the bill through the
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Siletz News
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Indian Affairs Committee but the full
Senate never took action.
H.R.6411 – FinCEN Improvement Act
of 2018: This bill amends the duties of
the Financial Crimes Enforcement Net-
work (FinCEN). FinCEN must work
with Tribal law enforcement agencies,
protect against terrorism regardless of
origin and coordinate internationally
on matters involving emerging technol-
ogy and virtual currency.
H.R.2606 – Stigler Act Amendments
of 2018: This bill amends the Act of
August 4, 1947 (commonly known as
the Stigler Act) to revise provisions
regarding the restricted fee status of
land in Oklahoma allotted to mem-
bers of the Five Civilized Tribes.
H.R.5317 – This bill repeals a prohibi-
tion on creating or continuing a distill-
ery in Indian country for manufacturing
ardent spirits (distilled liquors).
would allow Tribes to receive funds to
carry out administrative functions in pre-
paring and implementing TFPA projects
on federal lands intended to reduce the
threat of fires/bugs/disease to Tribal forest
lands. Environmental groups claimed this
would sidestep environmental laws. Con-
gressional Democrats reacted by elimi-
nating DOI participation in the program,
severely limiting the number of projects
and requiring Tribes to demonstrate “his-
toric success” in managing forests.
The ITC and individual Tribes have
been working with congressional offices
and committees to clarify the provision.
A compromise proposal would:
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Tribal Social Security bill to
become law
Last week, Congress sent the Presi-
dent H.R. 6124, the Tribal Social Security
Fairness Act of 2018.The bill:
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Empowers Tribes by directing the
Social Security Administration, at the
request of any Indian Tribe, to enter
into an agreement with the Tribe to
extend Old Age, Survivors and Dis-
ability Insurance benefits to Tribal
Council members
Enables Tribal Council members to
receive Social Security credit for taxes
paid prior to the establishment of an
agreement
The bill was introduced on June 15,
2018, by Rep. Reichert. It was passed by
the House of Representatives on July 24,
2018. It now awaits President Trump’s
signature into law.
DOI preparing to initiate ITARA
demo program
The Indian Trust Asset Reform Act,
P.L. 114-178, was signed into law on June
22, 2016. Title II of the law authorizes
the Secretary of the Interior to establish
and carry out an Indian trust management
demonstration project for Tribal forestry
and surface leasing programs. Earlier this
year, the Department of the Interior held
Tribal consultations prior to establishing
the demonstration project.
We now believe that the department is
very close to initiating the demo project, at
which point Tribes could request partici-
pation and submit proposed regulations
for DOI’s approval.
BIE releases new
“Strategic Direction”
The Bureau of Indian Education
(BIE) recently announced the release
of the BIE Strategic Direction (“Direc-
tion”) for 2018-2023. The Direction is
intended to improve the ability of the BIE
to increase its services to Native students
by organizing management activities, set-
ting priorities, and ensuring efficient and
effective utilization of staff and resources.
The Direction emphasizes the importance
of fostering collaborative relationships
between the BIE, Tribes, school boards,
employees and other stakeholders.
The Direction outlines six goals with
strategies that will support and impact
their successful implementation. These
goals address the following:
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Farm Bill debate re: Tribal
forestry provision
October 2018
Good Health and Wellness in Indian
Country (GHWIC) +$5 million:
Currently 12 Tribes, 11 Tribal orga-
nizations and 12 Tribal Epidemiology
Centers (TECs) receive funding through
GHWIC, which is administered by the
Centers for Disease Control and Prevention.
Substance Abuse and Mental Health Ser-
vices Administration (SAMHSA):
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Resources to Combat the Opioid
Crisis: As in FY 2018, funding
for State Opioid Response Grants
includes a $50 million set-aside for
Tribes and Tribal organizations. The
total amount for this program is $1.5
billion. In addition, it includes a
$10 million Tribal set-aside for the
Medication Assisted Treatment for
Prescription Drug and Opioid Addic-
tion, which is an increase of $5 mil-
lion from the FY 2018 level.
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Tribal Behavioral Health Grants
(TBHG) +$10 million (33% increase):
Under this program, $20 million goes
to mental health and $20 million
is dedicated to substance abuse.
TBHG are designed to address the
high incidence of substance use and
suicide among American Indian/
Alaska Native (AI/AN) populations
and it is a vital component of ensur-
ing that behavioral health challenges
are addressed across Indian Country.
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National Traumatic Stress Initiative:
SAMHSA’s National Child Traumatic
Stress Initiative (NCTSI) improves
treatment and services for children,
adolescents and families who have
experienced traumatic events. In the
agreement, $10 million is added to
this program, of which a $1 million
set-aside is dedicated “to expand
access to Tribal populations.”
In addition, Congress appears ready
to include Tribes in “Good Neighbor
Authority” – which currently allows states
to petition federal agencies to do fuels
reduction work on federal lands.
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House and Senate conferees continue
to negotiate a final version of the Farm
Bill. The current Farm Bill expires at the
end of September. Based on lobbying by
the Intertribal Timber Council, there has
been progress on one provision that had
drawn opposition from Democrats and
environmental groups.
The House-passed bill authorized
the Forest Service and BLM to enter into
“638” contracts with Indian Tribes for
Tribal Forest Protection Act projects. This
Limit the 638/TFPA provision to a
5-year authority (beginning after the
first project is initiated)
Clarify the application of applicable
federal environmental laws
Apply to both USDA/Forest Service
and the BLM
bill that will fund the Department of
Health and Human Services (HHS) and
Education (H.R. 6157). While the Indian
Health Service (IHS) is actually funded
in a separate piece of legislation, this bill
does contain funding for several important
programs to Indian Health:
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All students will enter kindergarten
academically, socially and emotion-
ally prepared to succeed in school.
All students will develop the knowl-
edge, skills and behaviors necessary
for physical, mental and emotional
well-being in a positive, safe and cul-
turally relevant learning environment.
All students will develop the knowl-
edge, skills and behaviors necessary to
progress successfully through school
and be prepared for post-secondary
education and/or career opportunities.
All students will graduate high school
ready to succeed in post-secondary
study and careers, and to think globally.
All students will develop the knowl-
edge, skills and behaviors needed to
lead their sovereign nations to a thriv-
ing future through self-determination.
All students will benefit from an
education system that is effective,
efficient, transparent and accountable.
Native funding increases in
HHS appropriations bill
Last week, Congressional leaders
released the final FY 2019 spending
Other programs: In the agreement,
the Garrett Lee Smith Suicide Prevention
Tribal Set Aside is $2.9 million, which
is equal to the FY 2018 level. The Tribal
set-aside for the Zero Suicide Prevention
Initiative is $2.2 million, which is an
increase of $200,000 from FY 2018.
Tribal Sovereignty Language: In the
FY 2019 House version of this legisla-
tion, the accompanying committee report
included language that affirms that Indian
Tribes are sovereign nations with political
status. This is in response to a determina-
tion by the Centers for Medicare and Med-
icaid Services that the agency cannot grant
AI/ANs an exemption to state proposed
work and community engagement require-
ments under Medicaid because to do so
would be a favorable preference based on
race, in violation of the Civil Rights Act.
The agreement released yesterday
affirms this language and says that unless
otherwise indicated, the language in the
House report shall still be complied with
by the agencies.