An oversight hearing to examine Native communities' priorities for the 119th Congress

Tribal Programs and FundingSenate Indian Affairs · February 12, 2025 · 119th Congress
The Senate Committee on Indian Affairs convened this oversight hearing to open the 119th Congress by hearing directly from Native leaders about their priorities, continuing the committee's tradition of starting each Congress this way. Begins at ▶ 0:15:46
Transcript
Highlights

Title

Native leaders outline health, education, and justice priorities for 119th Congress

Purpose

The Senate Committee on Indian Affairs convened this oversight hearing to open the 119th Congress by hearing directly from Native leaders about their priorities, continuing the committee's tradition of starting each Congress this way. Chair Lisa Murkowski (R-AK) and Vice Chair Brian Schatz (D-HI) heard testimony from leaders of the National Congress of American Indians, National Indian Health Board, Native American Financial Officers Association, National Indian Education Association, and the Council for Native Hawaiian Advancement on funding freezes, trust and treaty obligations, and new administration directives affecting tribal programs. Members then questioned witnesses on maternal health, tribal court resources, tax parity, opioid/fentanyl jurisdiction, and school nutrition programs. Begins at▶ 0:15:46

Who spoke

• Chair Lisa Murkowski (R-AK)▶ 0:15:46: Opened the hearing describing the committee's practice of listening to Native priorities▶ 0:15:46, noted she sent a letter to OMB urging respect for tribes' unique political status amid new administration directives▶ 0:18:16, and later questioned witnesses on maternal mortality▶ 0:54:47, tribal self-governance under 638 compacting▶ 1:22:31, and USDA child nutrition pilot programs▶ 1:24:14.

• Sen. Brian Schatz (D-HI), Vice Chair▶ 0:19:40: Welcomed witness Kuhio Lewis and stressed the committee's bipartisan role representing Native interests across the federal government▶ 0:20:07; later argued that broad "DEI" funding freezes are unlawfully sweeping up basic protections for Native people, women, and other groups▶ 1:02:56, and asked Mr. Bird about the school-choice executive order's impact on BIE schools▶ 1:04:29.

• Sen. Tina Smith (D-MN)▶ 0:21:16: Emphasized bipartisanship on the committee and urged that the new administration not freeze funding for treaty/trust obligations under the guise of DEI policy▶ 0:21:44; later raised the opioid/fentanyl crisis in Minnesota tribal communities▶ 1:07:48 and asked Chief Smith about applying the Special Diabetes Program model to behavioral health▶ 1:12:07.

• Chairman Mark Macarro, NCAI President▶ 0:24:15: Testified that federal funding for tribal programs must not be paused or reprioritized under new executive orders▶ 0:26:12, cited BIA public safety funded at only 12% of need with a $3 billion shortfall and need for 25,000 additional officers▶ 0:28:21▶ 0:28:44; later discussed the PROTECT Act's proposed expansion of tribal criminal jurisdiction over drug and gun crimes▶ 1:09:21 and the lack of a dedicated tribal desk at DOJ▶ 1:20:55.

• Chief William "Bill" Smith, National Indian Health Board Chairman▶ 0:30:30: Said the national tribal budget estimates $52 billion is needed for full IHS funding in 2026▶ 0:32:14 and urged Medicare reform to honor a 100% match for services received via Indian Health Service▶ 0:32:45; later described five recommendations for addressing Native maternal and infant mortality, including protecting tribal sovereignty and investing in prenatal-to-age-three programs▶ 0:56:05.

• Chairman Rodney Butler, NAFOA Board President▶ 0:37:21: Highlighted that recent funding pauses create uncertainty for tribal programs regardless of budget share▶ 0:38:46, cited Brookings data that states issued $47 billion annually in tax-exempt municipal bonds versus $84 million for tribes from 2014-2020▶ 0:41:26, and proposed a $175 million tribal tax credit set-aside▶ 0:42:12; later praised Treasury's Office of Tribal and Native Affairs, citing the GWE tribal charter corporation ruling as a 30-years-in-the-making success▶ 1:00:33.

• Mr. Kerry Bird, National Indian Education Association Board President▶ 0:44:51: Called for advance appropriations to shield Native education from budget disruptions▶ 0:47:16 and warned many BIE school facilities are unsafe compared to well-funded DOD schools▶ 0:49:13; later described concerns that school-choice models could shift funding away from tribally controlled schools▶ 1:05:56 and explained tribal interest in controlling school lunch programs, including a tribe using its bison herd to feed students▶ 1:25:42.

• Mr. Kuhio Lewis, CEO, Council for Native Hawaiian Advancement▶ 0:50:17: Described Native Hawaiians facing the shortest life expectancy, highest poverty and unemployment, and now more living outside Hawaii than in it▶ 0:51:42; later told Sen. Schatz that funding uncertainty, including grants CNHA cannot draw down, is destabilizing the organization▶ 1:01:25.

• Sen. Catherine Cortez Masto (D-NV)▶ 1:15:16: Discussed the BADGES Act to help recruit and retain BIA officers▶ 1:16:02 and her Tribal Access to Electronic Evidence Act to give tribal courts the same access to electronic evidence as non-tribal courts▶ 1:16:51; pressed Macarro on the impact of under-resourced tribal courts on public safety▶ 1:17:42.

Key moments

• Macarro said BIA-funded public safety programs receive only 12% of actual need, a $3 billion shortfall requiring roughly 25,000 additional officers to meet the federal standard of 2.4 officers per 1,000 people▶ 0:28:21▶ 0:28:44.

• Butler cited a stark tax disparity: from 2014-2020 states issued $47 billion annually in tax-exempt municipal bonds compared to only $84 million by tribal governments▶ 0:41:26.

• Chief Smith said the National Tribal Budget estimates $52 billion is needed for full IHS funding in fiscal 2026▶ 0:32:14.

• Macarro described tribal drug offenders being released after 72 hours due to jurisdictional limits and returning to commit crimes again within hours or days, calling it "a revolving door"▶ 1:10:12▶ 1:10:39; Murkowski asked whether the PROTECT Act's expansion of special tribal criminal jurisdiction to drug and gun crimes would help▶ 1:08:38.

• Schatz sharply criticized broad application of "DEI" funding freezes, saying they are unlawfully rolling back protections for women, Native people, Black people, Asians, Latinos, and immigrants, and disallowing NIH research on pregnant women▶ 1:03:18▶ 1:04:00.

• Lewis said more Native Hawaiians now live outside Hawaii than within it, and CNHA has active federal grants it currently cannot draw down amid funding uncertainty▶ 0:52:13▶ 1:01:25.

• Macarro said there is no dedicated "tribal desk" within the Department of Justice to serve as a clearinghouse for tribal legal issues, calling the current approach "more ad hoc than truly structural"▶ 1:20:55▶ 1:21:25.

• Butler noted a 30-year-old regulatory question on tribal charter corporations (GWE) was resolved through direct engagement enabled by Treasury's Office of Tribal and Native Affairs▶ 1:00:33.

• Bird described tribal plans to use bison meat from a tribally owned herd to feed students at a tribally controlled school if tribes gain control of school lunch programs▶ 1:25:42.

• Chief Smith said "paid in full is what I'm looking for," arguing the federal government has broken treaty promises despite tribes paying with land and lives▶ 0:36:28▶ 0:37:01.

Metadata

CommitteeSenate Indian Affairs
Chamber / CongressSenate · 119th Congress
DateFebruary 12, 2025
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript193 caption blocks · 9,802 words · 1:34:36 runtime
EventCongress.gov 336605