Going backwards? Tribal funding bill at risk in Trump era

Wednesday, August 22, 2018  

New tribal funding bill at risk
By James Giago Davies
Native Sun News Today Correspondent
nativesunnews.today

WASHINGTON —Versions of a new appropriations bill have passed both houses of Congress, that increases funding to Indian country, one that must still be signed by President Trump, and has some “partisan toxic riders,” according to Minnesota Congresswoman Betty McCollum, which she said could threaten the environment and public health.

Although characterized as a rejection of Bureau of Indian Affairs (BIA) cuts proposed by Trump last year, HR 6147, on June 19, was voted against by every Democrat in the House. McCollum explaining: “We owe it to the American people to do better. I look forward to working with the chairman and my colleagues in the Senate to bring a better bill back to the House floor.”

Given the Congressional history of slipping controversial riders into bills that the public would find objectionable, were they considered in their own right, McCollum is perhaps justified in fearing for the environment and public health. Trump’s energy policy in Indian country, such as with the Converse County flaring and fracking in Wyoming, has not been tribal friendly, and he is closely aligned with North Dakota Congressman Kevin Cramer, a clever and competent opponent of tribal sovereignty, and also of the 1968 Civil Rights amendment to Public Law 280, preventing states from establishing jurisdiction over reservations without a majority referendum vote of approval from enrolled tribal members, which is highly unlikely they would ever get under any circumstances.

Interestingly, the new bill provides an additional $13 million to address the needs of tribes affected by PL 280. Tribes in states where that law has been implemented have long expressed frustration that it has led to decreased funding and opportunities to grow their tribal court systems. Trump can’t be happy about any part of a bill that undermines Cramer’s efforts to increase state jurisdiction on reservations, as a prelude to eliminating tribal sovereignty altogether.

How can the Democrats, who are weak on the Border and weak on Crime, do well in November. The people of our Country want and demand Safety and Security, while the Democrats are more interested in ripping apart and demeaning (and not properly funding) our great Law Enforcement!

— Donald J. Trump (@realDonaldTrump) July 3, 2018

Trump’s historic hostility to tribal economic activity was highlighted in a 2016 Washington Post article, detailing his conflict with Indian gaming interests going back more than two decades. In addition, according to a 2018 Los Angeles Times article, the “Trump administration’s move to scrap federal rules mandating cleanup” of toxic coal ash has allegedly caused major health problems for the 225 member Moapa Indian community an hour’s drive from Las Vegas.

A former high level staffer at the Interior Department, and Mohegan councilwoman, Sarah Harris said, “It feels as if we are going backwards. This is not how it works with most administrations. I can’t think of another time in recent history when the relationship has been this bad.”

Last year President Trump unveiled proposed cuts that alarmed Indian country: more than $303 million from the BIA and $252 million from the Indian Health Service (IHS). While relieved most Republicans in Congress rejected these proposed cuts, two things remain clear to tribes across the country: Trump is not a friend of tribal interests, and he has the power of the veto, and HR 6147 is still not law, despite the Senate passing their own version of it on August 1. The bill will now go before a joint congressional committee to be hammered into final form starting in September, and then sent on to the president.

The question is mostly whether GOP support of increased tribal funding is a cover to get decreased regulation for environment and public health concerns, present regulation costing the energy industry profits and opportunity. But part of the question is also whether, to get the approved riders he favors, and the Democrats object to, Trump will swallow his pride and allow the increased funding agreement to replace his proposed decreased funding.

Democratic Senator Tom Udall, vice chairman of the Indian Affairs committee, supports the bill and helped write it: “This bill represents real progress for Indian Country, significantly increasing our investments in Native health care, infrastructure, economies, and communities. It rejects the president’s dangerous proposed budget cuts and instead provides funding increases that will lead to healthier communities and better outcomes across Indian Country.”

While taking a shot at the president, Udall, in the spirit of bipartisan cooperation, does not address the “toxic riders” which so alarmed House Democrats, but clearly, when representatives of both bodies meet in joint committee, these differences must be addressed, and the committee will have thirty days before the fiscal year begins on October 1, to submit a reworked bill to the president. If these toxic riders are eliminated or watered down, the question then becomes will that be enough to prompt Trump to oppose his own party and veto the bill they just approved?

Here are the proposed budget considerations from the House bill:

Bigger budgets— A ten percent increase for the IHS and a seven percent increase for the BIA and Bureau of Indian Education.

Water and public safety—Increases BIA irrigation and water projects by 84 percent, and public safety facilities at BIA by 212 percent.

Substance abuse funding- A six percent increase for mental health services and a four percent increase for alcohol and substance abuse program funding at the IHS. Expands Tribal access to federal opioid response programs at the Substance Abuse and Mental Health Services Administration (SAMHSA), including a new Tribal set-aside of $50 million in SAMHSA’s Opioid Response Grant fund and a $5 million Tribal set-aside in SAMHSA’s Medication-Assisted Treatment for Prescription Drug and Opioid Abuse Program.

Public Safety – A five percent increase in public safety funding for Tribal law enforcement, authorization of funding for school security, and a three percent Tribal set-aside within the Crime Victims Fund. The Tribal Victims of Crime Act set-aside will address the long-standing issue raised by Tribal leaders of inadequate Tribal access to funding for victim resources.

James Giago Davies is an enrolled member of the Oglala Lakota tribe. He can be reached at skindiesel@msn.com)

Copyright permission Native Sun News Today