Page 6 Spilyay Tymoo, Warm Springs, Oregon September 9, 2020 Census in Indian Country hindered by virus Every decade, American Indians are routinely undercounted by the U.S. Census Bureau’s nationwide effort to tally everyone within the country’s borders. At stake are millions of fed- eral dollars for tribal com- munity programs. To prevent under-count- ing this year, millions of dollars are being spent pro- moting participation in the 2020 Census. For Oregon a major point of focus is the historically undercounted Native population. However, the Covid-19 outbreak is making it more difficult to accurately survey Indian Country, where the Census Bureau has struggled in the past. The curtain rose—then because of the covid virus quickly fell—on a kickoff gala on the Confederated Tribes of Warm Springs Reservation, March 12. Planned weeks in ad- vance by census officials and the media, the gala was to be the centerpiece of ef- forts to engage reservation residents and push them to- ward greater participation than was seen in the 2010 Census, which, like previous population counts, suffered an undercount of American Indian and Alaska Natives. A taco lunch was pro- vided, as well as a children’s mini powwow. An esteemed tribal elder and veteran was Oregon’s first 2020 Census partici- pant. Speeches by tribal offi- cials urged the importance of the census to Native people. Yet the night before, Or- egon Gov. Kate Brown an- nounced limits on crowd sizes at organized events as the state addressed steadily increasing cases of Covid- 19. Jaylyn Suppah, a com- munity planner for the Court reviewing planned early end to census A federal judge in Cali- fornia has temporarily blocked the effort to cut short the 2020 census, which critics say is an at- tempt to undercount com- munities of color. U.S. District Judge Lucy Koh in the North- ern District of California issued the order in re- sponse to a challenge by a coalition of civil rights, local government and Native American groups, which filed an emergency request as part of a fed- eral lawsuit. Koh ruled that the or- der is needed because the challengers are likely to suffer “irreparable harm” from a truncated census count. The census results are used to determine the dis- tribution of political rep- resentation and federal funding among states and local communities for the next decade. “Because the decennial census is at issue here, an inaccurate count would not be remedied for another decade, which would affect the distribution of federal and state funding, the de- ployment of services, and the allocation of local re- sources for a decade,” the judge wrote. The order is expected to remain in effect until a court hearing on September 17, when the coalition will argue for census counting to con- tinue through the end of October, as the Census Bu- reau initially planned. “To cease census opera- tions earlier than set out in the Bureau’s own Covid-19 census plan with full awareness that tribal na- tions, the most undercounted population in the 2010 census, are also the most impacted coronavirus demographic, is a breach of the govern- mental relationship that ex- ists between the federal government and tribal na- tions,” said Stephen Roe Lewis, governor of the Gila River Indian Commu- nity in Arizona. “This federal govern- ment would knowingly be ensuring that much- needed tribal programs would be significantly cut because of the conditions created by the pandemic and the interruption of census operations,” he added. The Census Bureau originally had planned to extend the count through October to make up for delays caused by Covid- 19. After publicly sup- porting the timeline exten- sion, the administration in August suddenly moved up the date to the end of September. “Today’s ruling buys the census some precious and indispensable time by barring the administration from shutting down the count while the federal courts are still consider- ing our request for relief,” said Thomas Wolf, a se- nior counsel at the Brennan Center for Jus- tice, who is helping to rep- resent the plaintiffs. tribe’s health and human ser vices branch, was charged with making sure the census kickoff had plenty of food for attend- ees. At the onset, she figured nearly 100 people showed up at the Warm Springs Agency Longhouse. “We just finished out the day and we kind of just started looking at the pro- tocol Gov. Brown put out,” Ms. Suppah said. “It was an all-day event, so people came and went. It wasn’t crowded or anything.” But afterward, the pan- demic slammed the brakes on what was to be an ag- gressive, far-reaching effort to count more Native Americans and to prevent a repeat of the 2010 undercount. As of August 31, the Warm Springs reservation had a self-response rate of 40.2 percent. While that’s better than its final 2010 rate of 35.8 percent, it’s well below that of Oregon (67.9 percent) and still not as high as cen- sus officials want. In 1990, the undercount for American Indian/ Alaska Natives nationwide was more than 12 percent, while in 2010, that figure was 4.9 percent. At a 2018 hearing, U.S. Sen. Tom Udall of New Resolution of Tribal Council Road projects 2020-2024 Whereas the Tribal Council is the governing body of the Confederated Tribes of Warm Springs Reservation of Oregon; and Whereas the Bureau of Indian Affairs and the Warm Springs Tribe have recognized the need to sub- mit the priority list for the Tribal Transportation Im- provement Program (TIP) for the Indian Reservation Road projects for the fiscal years 2020, 2021, 2022, 2023 and 2024, and Tribal Council approval of the TIP by resolution is re- quired for BIA funding; and Whereas the BIA re- quires a Tribal Council reso- lution to submit the TIP for Indian Reservation Road (IRR) projects for fiscal years 2020, 2021, 2022, 2023 and 2024 accordingly, the projects are listed (ex- hibit A to the resolution) in order of priority to use funding when it becomes available. These projects are listed with the estimated funding amounts; and Whereas the road de- sign and construction pro- jected listed are an integral part of the future of Warm Springs housing plans, school bus routes and transportation system; and Whereas these projects have been designated as part of the BIA roads inventory and the BIA has identified the funding source for the design and construction of these projects will be through the Indian Reser vation Roads program under the Tribal Transportation Pro- gram under the Moving Ahead for Progress in the Twenty-First Century Act, administered by the Federal Highways Administration; and Whereas the War m Springs Planning Depart- ment and the BIA estimate that the cost to design and construct these projects is approximately $9,999,800; that an actual cost proposal will be negotiated for the purpose of entering into a contract between the BIA and Tribe; and for which Advanced Payment Schedule process for funding shall be requested; and Whereas the War m Springs Planning Depart- ment has been designated the Transportation Planner for the Warm Springs Reserva- tion, and the Planning De- partment shall be respon- sible to ensure that the good of the public is ser ved through responsible engi- neering and construction; and Whereas these projects can best be expedited and accomplished by the Tribe, and through, Planning De- partment acting pursuant to a Public Law 93-638 con- tract with the BIA by utiliz- ing materials located on the Warm Springs Reservation and in close proximity to the projects; and Whereas construction of these road projects will require the Tribe to grant rights of way across tribally owned trust land; and Whereas the Tribal Council believes that the process of obtaining the nec- essary rights of way across Tribal land to construct the road projects should be fa- cilitated and expedited; and Whereas in order to fa- cilitate the granting of rights of way to construct these projects the Tribal Council wishes to authorize and del- egate to the Chairman, or Vice Chairman, and the Sec- Mexico told the Senate Committee on Indian Af- fairs that the federal gov- ernment spends $3,000 per person in his state, meaning significant losses for tribes when reservation residents go uncounted. In Oregon, the state has provided $7.7 million for 2020 Census education and outreach, in hopes of secur- ing those federal dollars. Jaylyn found her role shifted from event catering to census activities coordi- nator. With the slate of origi- nally scheduled census ac- tivities canceled, she’s shifted to more pandemic-friendly events. These have included drive-through census events across the reservation. By her estimate, at least 180 people took part in those ac- tivities, out of the 3,330 resi- dents who live on the reser- vation. This year census questionnaires can be com- pleted online, but that won’t be a great help in Indian Country, Jaylyn said. “When we’re expecting folks to be counted online, it’s really hard,” she said. “You have folks who don’t use the internet or have ac- cess to the internet. It’s not our strong suit.” Services many Americans take for granted—like wi-fi access, cell phone coverage, and computers—are often lacking in Indian Country. The U.S. Census Bureau reports that just over half of reservation homes have computers connected to high-speed internet service. Coordinators were handed some jarring news early this month when bu- reau officials announced that an extended data collection and self-response deadline of October 31 was being shifted to the end of Sep- tember. Jeanette Durán Pacheco, media specialist for the Cen- sus Bureau’s Los Angeles Re- gional Office, says the bureau is adding employees, training sessions, and awards to mo- tivate enumerators “who maximize hours worked.” “We will improve the speed of our count without sacrificing completeness,” Durán Pacheco said. Some aren’t as upbeat. “Moving the deadline sooner only continues to dis- enfranchise our communi- ties from being counted,” said William Miller, a Blackfoot and Cherokee In- dian who works with the Or- egon Complete Count Com- mittee on Indian Affairs. “These efforts will only continue to increase the risk of an undercount, which will require our communi- ties having to wait until 2030 to be accurately accounted for.” Enumerators trained in social distancing and equipped with personal pro- tective equipment have been sent out to visit the homes of residents who haven’t self-reported. “We must do everything within our power to success- fully, meaningfully and fruit- fully engage our community to ensure a full count,” Mr. Miller said. While census workers race to beat the clock, sev- eral civil rights groups have filed a federal lawsuit against the current administration, arguing that the truncated timeline violates the Constitution’s Enumeration Clause, which requires an actual count of all persons living in the United States. Additionally, 20 U.S. Senators have signed a let- ter to the U.S. Census Bu- reau and the U.S. Depart- ment of Commerce, urging them to honor their original field data collection deadline of October 31, to ensure an accurate count for Indian Country and the Native Hawaiian community. retary-Treasurer CEO the authority to execute any and all rights of way across tribal land required to construct the road projects subject to the approval of the Secre- tary (BIA); now therefore Be it resolved by the Twenty-Eighth Tribal Coun- cil of the Confederated Tribes of Warm Springs, pursuant to Article V, Sec- tion l(a) and (d) of the Tribal Constitution and By-Laws, that the Tribal Council re- quest a contract under au- thority of the Public Law 93-638, to design and con- struct the road projects hereby designated as the Tribal TIP for fiscal years 2020, 2021, 2022, 2023 and 2024; and Be it further resolved that the Secretary-Treasurer CEO or their authorized des- ignee, is hereby authorized to make application for, ne- gotiate and execute said con- tract and any amendments thereto, on behalf of the Tribe; and Be it further resolved that this authorization and cost estimate shall remain in full force and effect until otherwise updated, amended or rescinded by subsequent Tribal Council resolution; and Be it further resolved Tribal Council requests that the BIA secure the necessary rights-of-way for the use of the individually and/or trib- ally owned lands required to construct the road projects; and Be it further resolved the Tribal Council Chairman or Vice Chairman and Sec- retary-Treasurer CEO are hereby authorized to ex- ecute any and all rights-of- way documents on behalf of the Tribe that may be re- quired to construct the projects listed in this resolu- tion subject to the approval of the Secretary (BIA); and Be it further resolved the Tribal Council hereby re- serves the right to negotiate any compensation for the rights of way across tribal land authorized by this reso- lution and required by any of the roads projects. Reso- lution no. 12,702. Dave McMechan/Spilyay Entrance sign at the Warm Springs Academy.