▶ 0:21:13>> -- as a traditional food source and to provide food security for native communities. We have two communities in alaska. Old harbor and stevens village which are part of this. Both total around 500 buffalo so now it is buffalo, not bison, so this is a new subsistent species for them. Some of the bison in alaska were rounded up and relocated from the lower 48 with assistance from the buffalo program.
▶ 0:21:41In recent years, in the interior has assisted with the transfer of surplus bulls to alaska. U.S. the question how do they get from yellowstone to alaska? Put these one ton animals on a fedex claim and transport them by barge, truck, and helicopter to their new homes. Once they make it to kodiak island, they have a pretty good life.
▶ 0:22:11They understood the program could be utilized for the genetic diversity of the herds in our state but in order to build this food source, resources are needed to cover the cost of transporting. As you can imagine, it's not cheap, but looking forward to additional resources to help not only develop the program but to expand training and educational opportunities for the tribal managers so it is a good bill.
▶ 0:22:40I am pleased that the assistant secretary is here. I would appreciate the testimony of the witnesses of the foreign committee here today. >> thank you, vice chair. Senator tester, I'm going to go a little bit out of order and have the senator make some opening remarks but he had -- because he has to chair here. >> thank you very much, Mr. chairman. This is a really good hearing.
▶ 0:23:08I commend you both for having it . Important bills that need to get advanced and today is the start of that and I want to thank the chairman for being here today. He is the leader of the crow tribe. I'm grateful for his strong leadership. On important issues, this bill in front of this committee is an excellent example of good work at the chairman is doing, serving his tribe.
▶ 0:23:39This bill would not be in the shape it is today without his strong readership. Thank you for that. I want to recognize my friend. It is great to have you here. Member of the blackfeet tribe, longtime champion for indian buffalo management act I am glad to see the buffalo management act heading here. It is very -- a very important piece of legislation. I want to talk about the crow water bill.
▶ 0:24:07Many years ago, my native friends told me that water is life and it is. It powers montana's economy. It connects us together. That is why it is critical to crow drive has the tools and infrastructure they need to deliver clean water to communities.
▶ 0:24:26This bipartisan crow water settlement amendments act will do exactly that, provided vitals less ability in developing water infrastructure using the most up-to-date technology to create water systems that are more cost-effective and work for the crow tribe and the region. It will foster energy development for the tribe to develop hydropower. Providing clean energy that will provide an economic boost to the crow community.
▶ 0:24:55I am pleased to share that we can accomplish all of this with no additional cost without changing any existing water right and without reopening the water settlement. It will help the crow tribe develop the infrastructure needed to deliver clean water to folks for years to come. I want to quickly add that I am glad to see the porch bill. Thank you very much for your leadership on this.
▶ 0:25:25I would say the same thing to him. Those bills are important. These bills would restore the secretary of interior's authority for the tribes. I am a long supporter of this effort following the supreme court decision -- having land taken into trust. With that once again, Mr. chairman, vice chair, thank you for having this hearing. >> thank you very much and thank you for your leadership on all of these issues. Senator. >> thank you, chairman schatz.
▶ 0:25:57I want to thank the vice chairman for your words as well. Several years ago, I was proud to lead along with senator hoeven the effort to designate the bison as our national mammal. This species has been a critical part of our culture in new mexico, across the west, most especially in indian country.
▶ 0:26:18The growth of tribal buffalo herds over the last few decades is both a symbol of the enduring resilience of this iconic species and a major economic development opportunity for many tribes. Dozens of tribes and several in new mexico including the pueblos and others have done important work to establish tribal buffalo herds on their lands. I have been privileged to see this firsthand.
▶ 0:26:43Two years ago, I visited and went out with the herd manager to see their operations up close. I learned about how the community is the incorporating bison meat back into their diets. It allowed the public to distribute much of that healthy, locally grown, culturally important protein to the community for free.
▶ 0:27:05Our bipartisan, bicameral bill, the indian buffalo management act, would strengthen federal support for tribal bison programs like the one I saw. It would authorize a permanent program and provide dedicated funding to promote and develop capacity for tribes to manage those buffalo herds.
▶ 0:27:23As you will hear from carlson, establishing and managing a new bison herd is a resource intensive process for tribes and there is a very real need for technical and resource -- and I want to thank you for all of your guidance, all of your feedback that helped us as we drafted this legislation, and for your organization's support for tribal bison herds really all across the country.
▶ 0:27:54Would like to thank my republican partner on this bill, and our bipartisan code leads in the house. Representatives doug and mary. Finally, I would be remiss if I did not also recognize that late representative, don young, who is one of the original leaders in this effort in congress. Thank you, chairman, for giving me time to speak on this bill.
▶ 0:28:18I hope that in my lifetime, thanks in large part to these tribal buffalo herds, we will see bison returned to the prominent place that it once occupied as a keystone species on america's prairies. >> thank you very much, senator heinrich. I will turn to our witnesses. We are happy to see the most frequent of frequent fliers in this committee, the assistant secretary for indian affairs at the department of interior. Welcome.
▶ 0:28:48The honorable andy mejia, the chairperson of the lytton rancheria in california. And the president of the intertribal buffalo council in rapid city, south dakota, and senator tester, would you do the honors of introducing our next witness? >> it would be an honor to do the honors. The crow tribe.
▶ 0:29:17I would just tell you, when the chairman took over the crow tribe, it was not under the best of leadership and that is being generous. Frank stepped forward. He put financial responsibility as a key part of his administration and he is working hard to make sure it remains that way. He put law enforcement as a keystone of his administration.
▶ 0:29:39He's working hard to keep crow country safe and this bill deals with infrastructure and that is another area that the chairman has done great work on. It is great to have you here. I know this is not an easy trip to make what we certainly appreciate you making the trip. >> thank you very much, senator tester. We are pleased to have senator britt to both introduce her guest and talk a little bit about the legislation pending before the committee. >> thank you so much.
▶ 0:30:09I appreciate the opportunity, for the ability to be here today and introduce stephanie brian, the porch creek indians -- p oarch creek indians chair. She is here testifying to the parity act.
▶ 0:30:35This is intended to clarify that the poarch band of creek indians is now under federal jurisdiction for the purposes of the indian reorganization act. The poarch band of creek indians is a critical part of alabama's culture and heritage. As a leader of the nation, chairwoman brian represents the tribe's interest at the state and national level.
▶ 0:31:00She is nationally recognized as an advocate on issues critically important to indian country and serves in several significant national roles. In alabama, she works directly with the governor, state agencies, and local leaders. Her service and her community -- state leadership positions is truly incredible.
▶ 0:31:22She serves on the business council of alabama's executive committee, leadership alabama, montgomery area chamber of commerce, just to name a few. And through these roles, she contributes directly to the growth of our great state. She is all -- she has been instrumental in growing the poarch creek tribe business portfolio.
▶ 0:31:52They have a growing business supporting the department of defense, nasa, and the tribe continues to reinvest over $1 billion just in the last decade alone into over 40 businesses across a range of industries. Chairwoman brian, thank you for testifying today. We are grateful for your service to the community, the state, our nation, and the tribe. We are excited to have you here. >> thank you very much, senator britt.
▶ 0:32:22Are there any other members wishing to make an opening statement? If not, I want to remind our witnesses that your full written testimony will be made part of the official record so if you could please keep your remarks to five minutes or fewer, the committee will appreciate that and we will start with the assistant secretary. Please proceed with your testimony. >> good afternoon, vice chairman, members of the committee.
▶ 0:32:50I have the privilege of serving as the assistant secretary for indian affairs, and I am glad to be back again in front of the committee to testify on these four bills, and I want to say right from the get-go that the department supports passage of each of these bills. The indian buffalo management act would establish a permanent program within the department to develop, promote, and support tribal management of buffalo and buffalo habitat on indian lands.
▶ 0:33:18This bill would also authorize $14 million in annual appropriations to support this work. This legislation will advance food sovereignty and support the protection and revitalization of cultural practices for tribes all across the united states. You also support the department's efforts to work with tribes in co-stewardship of ecosystems and wildlife.
▶ 0:33:44They would ensure that the poarch band of creek indians and the -- have the ability to protect their homelands. Since the decision, the department must examine whether each tribe seeking to have land placed in a trust under the act was "under federal jurisdiction of 1934." this analysis was done on a tribe by tribe basis and was time-consuming and costly for
▶ 0:34:14Tribes as well as the department. The ability to protect tribal homelands is an important part of our trust responsibility and it has been the policy of the united states for nearly a full century. In addition, the department has consistently expressed strong support for a universal legislative solution to the decision for all tribes.
▶ 0:34:39The department urges congress to consider a legislative fix to the decision for all tribes to eliminate the need for each tribe to seek its own separate legislation. S 4442 would establish a non-trust fund account to allow the bureau of reclamation to continue work on rehabbing the crow irrigation project and a new municipal, rule, and industrial trust fund to be used
▶ 0:35:10By the crow tribe for specified purposes. This administration recognizes that water is a sacred and valuable resource for tribes and that long-standing water crises continue to undermine public health and economic development all across indian country. Access to water is fundamental to human existence and economic opportunity and that is no list true for people in tribal communities. This bill would not increase funding for the settlement act.
▶ 0:35:39Instead, it simply changes the way some of the funds are held and expended. When the crow water rights settlement act -- that is hard to say all at once -- when that law was passed, it did not provide for the creation of a non-trust interest-bearing account for funds appropriated for project construction. More recent indian water right sentiments have provided a class to allow funds to accrue interest while projects are being planned, designed, and constructed.
▶ 0:36:08This bill would authorize the establishment of a non-trust interest-bearing account in treasury to receive the funds already appropriated as well as future appropriations for the crow irrigation project rehabilitation. It would convert the portion of that settlement act from an infrastructure based settlement to a trust fund based settlement and direct the secretary to establish trust fund, the new projects account.
▶ 0:36:38The tribe would use funds from this account for several purposes. Planning, designing, and constructing systems, planning, designing, and constructing wastewater treatment facilities and purchasing on reservation land with water rights and finally, this bill would extend the period during which the tribe has the exclusive right to develop hydropower at the yellowtail dam until 2030.
▶ 0:37:05The department is pleased to support each of these bills and is willing to provide further technical assistance to sponsors and members of the committee upon request. Members of the committee, thank you again for the opportunity to testify today. I look forward to answering any questions you may have. >> thank you very much. We are pleased to welcome jerry brian. Please proceed with your testimony. >> good afternoon, members of the committee.
▶ 0:37:35My name is stephanie brian and I am honored to be the chair and ceo of the poarch band of creek indians. I greatly appreciate this opportunity to testify today about the poarch band of creek indians parity act and I want to thank senator britt and the coach or introducing this bill.
▶ 0:37:55The poarch band of creek indians has been a leading advocate for international fix to clarify that the indian organization act applies to all federally recognized tribes. We offer our full support to the bill, senate bill 563, which would accomplish that goal. We will continue to work to pass a national fix.
▶ 0:38:23But our tribe, like many others, has been forced to take a parallel approach by working with our congressional delegation to clarify that it applies to our tribe. For decades, poarch creek leaders have balanced the desire to preserve our tribe cost history and culture. With a name to rebuild our community and provide basic services to our citizens.
▶ 0:38:55Today, we are blessed to be able to provide our tribal citizens and neighbors with essential services that include police and fire protection, health care, eldercare, education, and infrastructure. We have made careful decisions about how best to use our resources and our property, but we have a limited land base and we cannot meet the growing needs for housing and other essential services for our citizens.
▶ 0:39:28In 2018, it became clear that we needed to expand our boys and girls club but we did not have the land, trust land, so that cost us $1 million to do an area where our ponds are located but we are not alone. Tribal governments nationwide have a shortage of usable trust land and seek to acquire trust lands to meet the basic needs of our people.
▶ 0:39:55The supreme court's 2009 decision upended the interior departments land and trust process. That decision placed a cloud of uncertainty over tribal trust lands, impeding investment and economic development in nadine country. It has led to frivolous lawsuits, challenging the status of these trust lands.
▶ 0:40:21The tribe has spent almost $10 million to defend ourselves against attacks on our sovereignty. Thankfully, every court reviewing these frivolous cases has upheld the status of our lands which the interior place and trust -- placed in trusted decades ago.
▶ 0:40:47However, these lawsuits have not -- have taken a toll and that is why our tribe is seeking a legislative solution that will provide us with much-needed clarity. Our bill affirms that the ira applies to our tribe and it allows us to be treated fairly like other federally recognized tribes.
▶ 0:41:17These frivolous lawsuits have not just hurt us, they have caused taxpayer dollars because the interior department and doj have had to use their budgets to defend our trust lands. This bill has strong support from the alabama congressional delegation. Also, the cities and counties that surround us. I respectfully ask the committee to mark up senate bill 3263 and pass the bill before the end of the year.
▶ 0:41:47On behalf of our tribe, I am honored to testify today and will answer any questions that you may have. >> thank you very much. Chair mejia, please proceed with your testimony. >> good afternoon, chairman. Vice chair, members of the committee on indian affairs. I am part of a tribe based in sonoma county.
▶ 0:42:16Thank you for allowing me to be here today to speak in support of s 4000, a technical amendment to reaffirm that the indian reorganization act applies to the tribe. I would like to thank the senator for introducing this bill and for his work on behalf of indian country.
▶ 0:42:32If enacted, it would only clarify the intent of previous legislation and confirm that the lytton rancheria is able to put into trust. The bill itself does not take any lands into trust but only makes explicit that the tribe is able to go through the department of the interior's approval process.
▶ 0:42:58On behalf of the members of the lytton rancheria california, I asked that you support as 4000. In 1995 -- as 4000. She was my mother. At that point in time, we were a landless and penniless tribe. Madam chairwoman had three promises during her tenure. That was self-sufficiency, land, and housing.
▶ 0:43:24The promise of self-sufficiency was accomplished by establishing the casino in the city of san pablo, california, one of the most successful gaming facilities in the nation. Due to the success of the casino and under madam chairwoman cedar ship, the tribe has been able to purchase almost 3000 acres in land in sonoma county. Of that 3000 acres, 800 acres being the vineyard.
▶ 0:43:53Madam chairwoman fought tirelessly to take 511 acres into trust to build 146 housing development's and fulfill her last promise to the tribe. In 2019, those acres were taken into trust in the legislative process and construction began in january of 2020.
▶ 0:44:20On october 19, 20, madam chairwoman, my mom, passed away unexpectedly at the age of 66. It truly breaks my heart that my mom is not here to enjoy the fruits of her hard work, dedication, sacrifice, and the legacy she leaves behind after her 27 year tenure. No tribe should have to spend 12 years taking land into trust.
▶ 0:44:53Construction of the homeland was completed this january. We navigate through the process of bringing tribal member families back to their aboriginal land. The lytton rancheria has become a prime example. We presently only ask to be placed on the same footing as other federally recognized tribes.
▶ 0:45:19This bill makes explicit that the ira applies to the tribe and does not itself take any land into trust but only allows the tribe to apply to the interiors land in the trust process as neighboring tribes are able to do. Thank you for your time and I would be happy to answer any questions. >> thank you, chairman, and on-site for the loss of your mother. May her memory be a blessing. Please proceed. >> thank you.
▶ 0:45:49Good afternoon, chairman, vice chair, honorable members of the senate committee on indian affairs. Thank you, senator. I am chairman of the coronation. Home to approximately 7500 of the total 14,350 plus members of the crow tribe.
▶ 0:46:16We negotiated a water contact with the state of montana was adopted by the montana legislature in 1999 that provides water from surface flow, groundwater, and storage for the crow tribe and protects all state and tribal current water users in the states of future water users in a compact.
▶ 0:46:35The compact was ratified by crow water rights settlement act of 2010 and the act also provides for the rehabilitation and improvement of the crow irrigation project, a project owned and operated by the bureau of indian affairs, construction of municipal rule and industrial water system for the delivery of clean drinking water, provides water rights for tribes and then the storage of water in the lakers 200,000 acre feet per
▶ 0:47:06Year in addition to the 500,000 acre-feet in the big horn and all groundwater on the crow reservation and it provides the exclusive right of the tribe to develop and market power generation on the yellowtail. I am here to support the amendments on as 442.
▶ 0:47:29-- s 4442 that will allow flexibility on the delivery of clean water. Additionally, the amendments act will extend the upcoming deadline on the exclusive right to develop the power generation project.
▶ 0:47:51The tribe completed engineering for the water intake facility in 2022 and advertise bids for construction and we received no bidders. This led the tribe to reconsider the viability of that system. We identified the following concerns.
▶ 0:48:13The pipeline construction was approximately 20 years at a cost of 100 billion dollars plus with the expectation that the costs will rise, which they did with the supply chain rise in materials. Likely resulting in a shortfall to complete construction, the pipeline construction will be daunting with the size of the reservation.
▶ 0:48:382.4 million acres, crossing geographical features. The construction timeframe would result in a lengthy delay of water delivery for reservation communities in some communities would wait many years for drinking water and others may not receive it at all.
▶ 0:49:00The water settlement included a finite amount for operation maintenance and replacement costs which other water settlements have in perpetuity operation maintenance costs. The water settlement act did not include a mandatory hookup for households along the pipeline, leaving the number of actual customers unknown.
▶ 0:49:26However, if it is hooked up to a pipeline, monthly consumer class to cover operational costs would be approximately 120 per month in today's dollars which would burden an already impoverished reservation household.
▶ 0:49:43Private landowners were unwilling to grant temporary permits to cross lands for water sampling and testing for placement of the water intake unit closer to reservation communities which resulted in moving the intake to tribal lands in the yellowtail after bay location, much further from the reservations larger communities.
▶ 0:50:06The environmental protection agency expressed concerns in a letter dated october 31, 20 22, with the location of the intake unit resulting in a water concern for most and the customers in the proposed use of complex chemical treatments would necessitate operators with advanced certification requirements.
▶ 0:50:28The tribe is proposing to move the funds into a trust account for federal management and withdraw upon approval to develop clean water on behalf of the crow tribe will membership. I am hopeful that the water settlement amendment acts will be adopted in this congressional session. Thank you. >> thank you very much. Please proceed with your testimony. >> thank you.
▶ 0:50:57Good afternoon, chairman, vice chair, an honorable committee members. My name is ervin carlson and I am a member of the blackfeet nation and president of the intertribal buffalo cancel. I have submitted a detailed statement that I will now summarize. All natives in this country are dependent on the planes buffalo for survival. Prior to the arrival into this continent.
▶ 0:51:26Buffalo are essential to the native lifestyle and provided food, shelter, clothing, essential tools for our way of life. They symbolize survival and became essential to our spirituality and religious practices. Our people refer to the buffalo as my relative to signify how spiritually we were connected to them.
▶ 0:51:51Our oral history includes details of the vast number of buffalo, between 30 and 60 million, inhabiting north america. Due to wanton and unbridled over hunting by non-indian buffalo hunters, millions and millions of our buffalo were slaughtered. The destruction was so complete that by the late 1800s, only a few hundred buffalo remained. Many great leaders warned the loss of the buffalo and the native way of life.
▶ 0:52:24The destruction of the buffalo in the indian wars, the population of the indian people, once numbering in the millions, dropped to approximately 250,000 by the early 1900s. Without the buffalo, surviving indians were forced to live on reservations, losing their independence. Historical records show that the U.S.
▶ 0:52:49Military participated in near extinction of the buffalo as it provided a way to deal with their indian problem. Tribal leaders long to restore buffalo but had minimal land bases and resources. However, early conservationists, including teddy roosevelt, had the means to prevent the near extinction of buffalo.
▶ 0:53:16The indian people, recovery from this devastation through restoration of buffalo herds on our lands began in earnest in 1991. When a handful of indian tribes organized the intertribal base and cooperative, now known as the intertribal buffalo cancel. We were granted a federal charter in 2009, pursuant to the indian reorganization act.
▶ 0:53:44Our organization has grown significantly and today, I am proud to tell you that we have 83 tribes in 22 states, all dedicated to restoring herds on our lands. The indian population of our member tribes exceeds one million people.
▶ 0:54:04We greatly appreciate senators heinrich, mullin sullivan, and tester have introduced the indian buffalo management act. This is the successor to legislation initially introduced by the late don young. I guess I should say to my way, the great don young.
▶ 0:54:35And what she got through the house before he left us. Congressman and others have reintroduced it in this congress . In march, it was unanimously reported out of the house committee on natural resources. It is pretty basic legislation that will create a program at the interior department to assist tribes and organizations like ours in restoring buffalo herds to tribal lands.
▶ 0:55:09It requires strict compliance with state and federal laws governing the translocation of buffalo and we had extensive discussions with the cattle industry and agreed to a series of changes they requested to ensure buffalo did not detract from off reservation cattle operations. When enacting this legislation, congress will commit to assisting tribes to restore buffalo herds.
▶ 0:55:39We believe that this legislation will help the interior to justify decent budgets for the buffalo program as opposed to the minimal and stagnant -- that we have seen for decades. Despite the huge growth in our membership. When you try and divide up 1.4 million among many tribes, it does not go very far.
▶ 0:56:08Tribes need fencing, watering systems, genetic diversity of their herds, supplemental feed, and testing that all require meaningful funds. Some tribes tell us they wish to reestablish herds for cultural purposes and that a small herd would be sufficient as a means of teaching children the history of our people in this great animal and having all of the
▶ 0:56:39Parts of this animal for our spiritual ceremonies. Others wish to create jobs, use the meat in the school lunch program, and for community events, and still others hope to grow their herds large enough to get into small sale -- small-scale commercial production. Our members in alaska have referenced the need for protein and basic food security, especially amongst haunts which cannot be insured.
▶ 0:57:12Whatever the reason, this legislation is very important to advance food sovereignty for native populations. And we sincerely hope that you will help to see it enacted into law this year. Thank you. >> thank you very much. Senator tester. >> thank, Mr. chairman. I appreciate the flexibility. This goes for you, chairman.
▶ 0:57:43You talked about in your statement, you talked about why the settlement doesn't work after the fact. Delay in water delivery. The list is long. And I know this is what the bill says but I want you to flesh this out a little more. You said this will set up a trust account to develop rainwater.
▶ 0:58:07Tell me what you are going to do to replace that pipeline to deliver clean water to the people in crow country, because if we get this bill passed, what will it allow you to do? You are not going to build a big old pipeline. You are not going to build an intake that is too far away, so tell me what you are going to do. >> thank you, senator tester. Yes, the crow tribe is planning on putting regional water plans -- plants to each individual community. The regional water plans will not be from surface water.
▶ 0:58:38It will be to the aquifer which we requested a study, aquifer study to be done. I'm thankful to the bia for paying for that study, and we have more than that -- more than adequate drinking water. It is safe.
▶ 0:58:54It is clean throughout so each, like we sent him our reservation is large, very large, so within all those communities, we will put regional water plans to all communities and we will have well systems for the rural folks. We have a lot of folks who live in the country.
▶ 0:59:11I myself haul water to my own residence through a cistern so giving us the ability to have wells to other community members, which is roughly about 1680 households. >> and in the end, do you think you can deliver this at or less of a cost in the pipeline would have run you? Certainly, you would have gotten some for the pipeline.
▶ 0:59:37>> yes, we can -- we are very confident that we would be able to build the whole system out and include the wastewater systems and all of the above under the amount. >> I want to talk about the hydro project that you have in this bill also addresses it. I believe it moves up the deadline to 2030.
▶ 1:00:07What is the deadline right now? >> yes. The previous settlement that has a sunset date through 2025 and it does not give a clear statement of substantial completion so this moves that forward. >> that substantial completion statement is further fleshed out and clarify? Let's yes. >> and then have you started on the hydro project yet?
▶ 1:00:36Right yes, we have designs already and we have contractors. We are moving very quickly on the hydro project because of that sunset date. Keeping in mind, I have only recently been in term for the last three years so we are making leaps and bounds. >> as you project forward, do you think the 2030 date would be adequate and you will have it done by then? Substantial completion? >> yes, we believe so.
▶ 1:01:05>> thank you for being here, chairman. You have been doing this basically your whole life, ok? You have been doing it with no resources whatsoever. You talked about fencing and water and feed and testing.
▶ 1:01:29Would this be done by grants to the people who apply for it or how do you visualize this happening? >> what we do is the minimal dollars or funding that we do get come out we have a development grant process that goes out to the tribes. It far -- the amount that we do get.
▶ 1:01:59So they put in their grants of what they need for that year, whether it be fencing, waterways, and sometimes, supplemental feed. The tough winters that we have for the ones with minimal land base. >> in the testing you are talking about, is that -- what kind of testing? >> not necessarily.
▶ 1:02:24I think the only place that we do have that is in yellowstone but we do test the other animals that do come out of their. Uncertain times, the tribes within -- the animals that they do have, they like to test just to make sure their animals are all still disease-free. >> thank you. I have 36 seconds left.
▶ 1:02:56I do appreciate the fact that you got the delegation on board. It is so really important that you guys have the home senators on board for this stuff. This has been a problem for you guys for a long, long time. And now, I think it is going to get fixed so I appreciate your hard work. Always good to have you in front of the committee.
▶ 1:03:26>> senator murkowski. >> thank, Mr. chairman. Thank you to those who have testified today. You mentioned our good friend, the great congressman, don young.
▶ 1:03:39As it turns out, the ninth of june, just on sunday, was congressman young's birthday and it's also the day that has been designated in alaska as don young day so I think it's only appropriate that we are hearing this bill just so close in time to the congressman's special acknowledgment, so I thank you for recognizing him in that way. This is a question for you, assistant secretary newland.
▶ 1:04:08This relates to the indian buffalo management act. As I mentioned, this is a program we are looking to grow in alaska to provide for subsistence needs for several alaska native communities and they mentioned transportation costs. He spent enough time out there to know that this is real.
▶ 1:04:31Is it the departments interpretation that the bill will cover the cost of transporting the cows and the calves to the villages that are working to establish these bison herds? >> thank you, vice chairman. Yes, we believe that would be unallowable costs. >> good.
▶ 1:04:51It is -- is it also your understanding that the bill would cover the cost of transporting the basin -- bison thank you for that. That is important. As I mentioned, these are expenses that are very real.
▶ 1:05:16Another challenge is the need for mobile processing trailers when you have communities that are not connected by road. You have got to move them in other ways. Sometimes, you can only do it by air or by barge.
▶ 1:05:34Is it the departments interpretation of the bill that it would cover the cost of transporting mobile meat processing facilities by air or barge to places like old harbor or stevensville village or other remote areas? >> thank you, vice chair. Yes.
▶ 1:05:50I would say that within this program, as I understand the bill, there is a lot of flexibility for tribes and organizations, our partners, to do all manner of activity to both manage herds and ecosystems as well as on the backend with processing. >> great, great.
▶ 1:06:15Your testimony states that the bill would allow the tribes and tribal organizations to enter into self-governance contracts to assume the bia bison herd management functions, so does this mean that buffalo restoration and economic development activities would be managed like compacts that we see with tribal education or law enforcement? How do you envision that? >> for tribes that want to use that route, yes.
▶ 1:06:43It would work like any other 638 program. >> do you know if there are any bia livestock or wildlife programs that are somewhat analogous to the buffalo program that the baa contracts with the tribes now? >> I would have to get back to you on that, senator. Vice chair, excuse me. This is also a program that we have been running on a year-by-year basis with much less funding so we have got good practice at it.
▶ 1:07:15A $14 million authorization would allow us to grow it and really support tribes that want to participate in it. >> good. Pivoting just a little bit, my last question to you is regards to tribal applications for land into trust. The department must review each application when requesting to place land on a tribes behalf. On average, how long does this review take bia to review?
▶ 1:07:47What are you looking at? Caps on the whole, we know that it takes us now around three years before the new regulations went into effect. It takes the bia around three years to process a single application on average. >> so three years.
▶ 1:08:02I'm looking then to chair brian and chairperson -- what does this mean when you have a three year review plan and you are trying to put into place some plans for your people? Tell me the implications of a three year review process. >> so we do appreciate the process and the administration and the revisions to 151.
▶ 1:08:32These are lands that have been in trust for over a decade with the department of interior. But that doesn't actually clarify these lands that we have had in the trust. So we have not submitted any applications to place any land into trust just because we spent millions of dollars on frivolous lawsuits and we have won all of those lawsuits. The people questioning the jurisdiction of our land. >> thank you.
▶ 1:09:03Thank you, Mr. chair. >> thank you very much. Assistant secretary newland, the settlement is required to be fully appropriated by june 30 of 2030. This bill does not extend that deadline. Do you expect to -- before that day? >> yes, chairman. If I can just say barry briefly -- very briefly, that settlement was 402 million dollars.
▶ 1:09:32We are almost at 90% of the funding appropriated, so you know, we have got an additional $40 million in discretionary funds to go. >> thank you. The homelands act prohibits the tribe from conducting gaming activities on the lands taken into trust under the legislation as well as on any future trust lands in sonoma county. What the gaming restrictions in current law apply to future elastic and into trust pursuant to s 4000? >> yes.
▶ 1:10:03>> can you share more about how the intertribal balance low councils growing membership, how it impacts the services it is able to provide? I think you talked a little bit about this but there's two ways to look at it. Houston do you have to spread this $1.3 million and the other question is what are you going to be with 14 if you can pull it off? >> we have grown to 83 tribes now in 1.2 4 million.
▶ 1:10:41Stat has predominantly been our funding. To get out to the tribes, of course, I talked about the process. And we try -- it is a process every year that we try to make it equal to all of our tribes, all in need. Consequently, it is never enough to really significantly, you know, help their programs.
▶ 1:11:11Some of the years, we have -- not all of the tribes will put in because they will hold out and they will alternate so other tribes can get a little more money to get their programs going. So it's very minimal but the tribes are very resilient.
▶ 1:11:28We have survived on that very little dollars just as our buffalo are resilient and survive on that, so with 14 million, there's a lot of tribes -- all of the tribes would be able to participate each year in significantly -- and significantly help their programs.
▶ 1:11:49One of the things that we had a meeting with our herd managers, and they were -- they want to in funding just to stay sustainable of what they are doing and not even able to grow their herds or to grow their land base for them or for all of the materials that they might need so the 14 million would significantly increase, you know, the help for them.
▶ 1:12:18I must say also that we do ask the tribes to tell us their full names and each year, it far exceeds 14 million for what they really need so we are still below on that. >> thank you very much. If enacted, how will s 32 63 improve the ability to provide essential government services to your membership?
▶ 1:12:46>> first by saving dollars from frivolous lawsuits that we could use to provide housing, education, health care to communities, better infrastructure for our roads. We currently service over 500 children at our boys and girls club and it seems to grow every year.
▶ 1:13:07So we would use those dollars that we are using on these frivolous lawsuits to continue to grow the community, be part of the community. When it comes to rural health care, there's a lot of issues there. People struggling with mental health, so that is how we would use those dollars. >> thank you very much. Vice chair. >> thank you, Mr. chair.
▶ 1:13:37I have another question regarding the homelands act. This was included in the 2019 and daa law and there was a gaming prohibition on trust land acquisitions in that language. As I understand it, it is meant to be a clarifying bill so restrict gaming on any lands to be taken into trust for lytton rancheria going forward?
▶ 1:14:10>> yes it does. We also have a standing on my way with sonoma county that we would not prohibit gaming. >> thank you for clarification.
▶ 1:14:23Sen. Daines: Thank you. I want to thank you for holding a hearing on our crow tribe water rights settlement act. I want to thank chairman white clay for coming from montana to D.C. in support of the crow people as well as Mr. carlson from the blackfoot tribe, it is an honor to have you here from south dakota.
▶ 1:14:54Sen. Daines: I know montana, is a member of your heart. In 2010 congress passed the crow tribe water rights settlement act which codified the 1999 compact between the crow tribe, the state of montana, the state legislature passed with bipartisan support.
▶ 1:15:16Sen. Daines: Since 2010 the crow tribe has worked with the bureau of reclamation to implement the settlement and bring water to the people. Unfortunately, the original water project envisioned in the 2010 bill, it was found to be infeasible. The project they defined in the compact which is why we must make this technical correction, a minor amendment to the bill.
▶ 1:15:45Sen. Daines: Let me be clear what this bill does and does not do. It does not alter any existing water rights. It does not add any additional funds to the settlement. It does not open up the compact agreed to by the state, the crow tribe, and the federal government.
▶ 1:16:10Sen. Daines: What it does do is very surgically amends the 2010 bill to allow a little more flexibility for the crow tribe to actually build a water system for their people in a way that is more cost-effective, lower impact, and brings drinking water to the greatest amount of their people.
▶ 1:16:36Sen. Daines: I want to commend chairman white clay for his work on this bill and I look forward to asking questions on the impact of this. Before turning to a couple questions I want to make one comment regarding the crow revenue act, a separate issue. I am disappointed micro revenue act was not included in today's hearing.
▶ 1:17:02Sen. Daines: This bill was made public and introduced the same day as the crow tribe water rights settlement act. Both bills significantly help the crow tribe. Both are supported by the tribe, by the state of montana and by the communities. I truly hope we can have a hearing on my crow revenue act as soon as possible, let us say july 10 might be a good date.
▶ 1:17:34Sen. Daines: Assistant secretary newman, for the record, will you please verify that our bill does not affect existing water rights, does not add additional funds to the settlement, and does not alter the compact between the state of montana and the crow tribe? >> thank you, senator. Those are all correct.
▶ 1:17:58Sen. Daines: The crow tribe water rights settlement act and the crow revenue act bolster tribal sovereignty, and presented g -- increase energy security and fund resources on the reservation.
▶ 1:18:18Sen. Daines: Can you complain -- explained to the committee why both bills need to be enacted this year and how they will affect access to services on the reservation? >> both bills are detrimental for the tribe. I believe both, excuse me, not detrimental but it is detrimental that we don't have those bills in place.
▶ 1:18:49Sen. Daines: For the crow tribe this is a 10 year riddle for clean water. It is a basic human right. The have all of this funding and do not figure out how we can get water to every community and have to make the decision on which community doesn't get water, that is a decision no leader should make. This bill would support all communities getting clean water and folks in the country that live in the country would have clean drinking water.
▶ 1:19:22Sen. Daines: The crow revenue act is basically, it keeps the tribe a float for the next 10 years. With the closure of our single source of revenue with one of our single sources of revenue, the mine, our main customers shut down. We have no revenue coming in from the coal, which would completely replace it.
▶ 1:19:55Sen. Daines: It would make it viable for the tribe to find other sources of revenue and diversify our portfolio because a lot of the funds, the crow tribe, we didn't get to participate in all of the government funding that came down because of a problem we had with a do not pay list that the tribe was unjustly put on.
▶ 1:20:19Sen. Daines: So all of the good government funding coming down, all of the grants and all of that, we weren't available to participate in that. So all of the services that we provide for social services, search-and-rescue, crow tribe is ground zero for the mmiw right now and you see all of the documentaries, missing and murdered, and that is all done on the general fund on the back of the crow tribe with no input
▶ 1:20:52Sen. Daines: From the federal grants. We are on a reimbursement basis, meaning to get federal funds we have to expend our own funds to start with. The crow revenue act would actually give us some room to breathe, keep our head almost above water.
▶ 1:21:11Sen. Daines: One more thing to add, I do wish those who have not been out to crow country, I would love to see members come out and spend a day with you to see the serious issues you face as chairman. The poverty, the mexican cartels, the flood -- the fentanyl.
▶ 1:21:36Sen. Daines: This is an existential threat to the economic viability of your people. I ask for unanimous consent to add letters of support including one from the governor of montana. >> if there are no more questions, members may submit follow-up written questions for the record. The hearing record will be open for two weeks. I want to thank our witnesses for their time and testimony today. This hearing is adjourned.