FY2014 Northwest Tribal Budget Priorities Page 1

Northwest Tribal Budget priorities and Recommendations

INCREASED FUNDING FOR ALL NATURAL RESOURCES PROGRAMS

PUBLIC SAFETY AND JUSTICE : LAW ENFORCEMENT, DETENTION CENTERS AND TRIBAL COURTS FUNDING INCREASES

EDUCATION – SCHOLARSHIPS; JOM; STUDENT SUCCESS SERVICES

100% FUNDING FOR TRIBAL CONTRACT SUPPORT COSTS (DIRECT & INDIRECT

ATTACHED INFORMATION – Tribal Letters/Priorities

Presenters for the northwest region

Mr. Stanley Speaks, Bureau of Indian Affairs, Northwest Regional Director, Portland, Oregon

Mr. W. Ron Allen, Chairman, Jamestown S’Klallam Tribe, Sequim, Washington

Mr. Richard Gay, Confederated Tribes of the Umatilla Indian Reservation, Pendleton, Oregon

EXECUTIVE SUMMARY

On behalf of the 45 tribes of the Northwest Region, we are pleased for the opportunity to participate in the FY2014 budget formulation process with Indian Affairs and Department of Interior and to present testimony, which is reflective of our collective goals and objectives.

Meaningful tribal input into this budget formulation process goes beyond just an annual national budget meeting. The direct involvement of tribal governments in the budget development process and the commitment and active participation of BIA officials will result in a better-documented and stronger BIA budget submission that more accurately will addressthe socio-economic and cultural conditions and needs of American Indians and Alaska Natives. The tribes and BIA must strive to work in partnership with DOI and OMB in order to achieve our overall goals of continued advancement of tribal sovereign rights, the empowerment of tribal governments and the enhancement of the quality of life in our Indian communities. Finally, the Bureau of Indian Affairs must remain committed to the support of these goals for Indian people. Interior Secretary Ken Salazar has stated “I am committed to upholding the President’s pledge to work directly with American Indian leaders to fulfill our treaty and trust obligations. Thefederal government has an obligation to work directly with federally recognized tribal nations on a government to government basis.”

INCREASED FUNDING FOR ALL NATURAL RESOURCES MANAGEMENT PROGRAMS

Indian tribes have always lived in the river valleys and plateaus throughout the Pacific Northwest. Tribal cultures remain centered today on fishing, hunting and gathering of natural resources for spiritual, subsistence and economic needs. Modern tribal natural resource management in the Northwest is centered on collaborative conservation efforts to protect, restore and preserve these resources for future generations. Over the last 30 years, the Northwest tribes have used federal dollars to develop very effective and efficient fisheries and other natural resource management programs.

But funding for these efforts has failed to keep pace with an explosion of newer and increasing management responsibilities such as:

  • Current and proposed listings of salmon, steelhead and other species under the federal Endangered Species Act;
  • Shellfish management responsibilities related to the affirmation of the NW tribes’ treaty-reserved shellfish harvest right;
  • A comprehensive effort to improve the health of Puget Sound by 2020; and
  • Responding to the occurrences of “dead zones” in Hood Canal and along the Pacific Coast, where areas of low oxygen are appearing more frequently and getting larger;
  • Declining forest health

This growing list of responsibilities – coupled with rapid growth in the region and its accompanying demands on water, habitat and other resources – is the backdrop for tribal natural resource management in the region today.

NORTHWEST INDIAN FISH COMMISSION - NWIFC

The Northwest Indian Fisheries Commission (NWIFC) is a support service organization for 20 treaty Indian tribes in western Washington. They were created following the U.S. v. Washington ruling (Boldt Decision) that re-affirmed the tribes’ treaty-reserved fishing rights and established them as natural resources co-managers with the State of Washington. The commission is composed of representatives from each member tribe who elect a chair, vice chair and treasurer. Commissioners provide direction to the NWIFC executive director, who in turn implements that direction.

The role of the NWIFC is to assist member tribes in their role as natural resources co-managers. The commission provides direct services to tribes in areas such as biometrics, fish health and salmon management to achieve an economy of scale that makes more efficient use of limited federal funding. The NWIFC also provides a forum for tribes to address shared natural resources management issues and enables the tribes to speak with a unified voice in Washington, D.C.

This briefing document reflects the appropriations requests of theNWIFC and its member tribes for programs, functions and activities funded by the BIA.

Our particular interest mainly lies in the Trust – Natural Resources Management activity with the majority of our funding situated in the Rights Protection Implementation Sub-activity. We also have an interest in the Fish, Wildlife & Parks Sub-activity and Contract Support.

Rights Protection Implementation (RPI)

This sub-activity supports off-reservation hunting, fishing and gathering rights for 49 tribes in the Pacific Northwest and the Great Lakes regions and their five umbrella inter-tribal fish and wildlife organizations. The FY12 appropriations provided a total of $28.976 for the Rights Protection Implementation (RPI) Sub-activity, an increase of approximately $534,000 from FY11. The President’s FY13 budget contains $32.645 million, an increase of $3.669 million over the FY12 enacted level. We support the President’s increase to the RPI Account, while continuing to advocate for an increase to provide for our unmet needs.

Provide $17.146 million in funding for BIA Western Washington Fisheries Management

The FY12 appropriations provided a total of $8.257 million. The President’s FY13 budget contains $8.66 million. We request $17.146 million for Western Washington Fisheries Management. The NWIFC and member tribes’ amount should be increased by an additional $8.486 million from what is contained in the President’s request. This will provide new monies for shellfish, groundfish, enforcement, habitat, wildlife and other natural resource management needs.

Provide $2.777 million in funding for BIA Washington State Timber, Fish and Wildlife (TFW) Program

The FY12 appropriations provided a total of $2.647 million. The President’s FY13 budget contains $2.777 million. We support the President’s request of $2.777 millionfor the TFW Program. This will provide the necessary funding to tribal TFW programs to fully participate in the TFW process.

Provide $4.8 million in funding for BIA U.S./Canada Pacific Salmon Treaty (PST) Implementation

The FY12 appropriations provided a total of $4.2 million. The President’s FY13 budget contains $4.364 million. We request $4.8 million for the PST Implementation, an increase of $436,000 over the President’s request. This is consistent with the overall request by the U.S. Section of the Pacific Salmon Commission (PSC). This will provide sufficient funding to ensure that the tribes can continue to participate effectively in the bi-lateral PST process.

Provide $2.4 million in funding for BIA Salmon Marking

The FY12 appropriations provided a total of $1.0 million. The President’s FY13 budget contains $1.068 million. We request $2.4 million for Salmon Marking, an increase of $1.332 million over the President’s request. This is the true need as determined by the tribes at the request of Congress. This request is also important in part because marking costs are increasing as tribal hatchery production continues to increase.

PROGRAM / FY 2012 ENACTED / FY 2013 ENACTED / FY 2013 REQUEST
WESTERN WASHINGTON / $8,527 / $8,660 / $17,146
TIMBER-FISH-WILDLIFE / $2,647 / $2,777 / $2,777
US CANADA PACIFIC SALMON TREATY / $4,200 / $4,364 / $4,800
SALMON MARKING / $1,000 / $1,068 / $2,400
$16,104 / $16,869 / $27,123

Provide $5.452 million in funding for BIA Fish Hatchery Maintenance

The Fish Hatchery Maintenance account is part of the BIA Fish, Wildlife and Parks Sub-activity. This account has been increased over the last few years to better reflect the tribal need and the backlog of maintenance projects requested for tribal hatcheries. The FY12 appropriations provided a total of $4.83 million. The President’s FY13 budget contains $4.838 million. However, the President’s FY12 budget included $5.452 million. We request $5.452 million for Fish Hatchery Maintenance, an increase of $614,000 over the President’s request.

Provide $228 million in funding for BIA Contract Support

The FY12 appropriations provided a total of $219.209 million, which is slightly less than the FY11 enacted level. The President’s FY13 budget contains $228.0 million. We support the President’s request of $228.0 million for Contract Support. These funds saw a significant increase in FY11, an increase of $53.56 million over the FY10 enacted amount of $166 million. Historically Contract Support costs have been drastically underfunded, yet they are a critically important funding source as they directly support our governmental functions. By not fully funding Contract Support it hampers the tribes’ ability to fully exercise their right to self-govern and requires tribes to use direct program dollars to fund the required contract support functions.

COLUMBIA RIVER INTER-TRIBAL FISH COMMISSION-CRITFC

The Columbia River Inter-Tribal Fish Commission (CRITFC est. 1977) consists of the Yakama, Nez Perce, Umatilla and Warm Springs tribes with a treaty territory covering one-third of the entire Columbia River basin across Washington, Oregon and Idaho.

CRITFC recommendations for FY2014 Treaty Fisheries Management and Comprehensive Law Enforcement Services at in-lieu and Treaty Fishing Access Sites on the Columbia River:

Rights Protection Implementation (RPI):

  • $7.7 million for Columbia River Fisheries Management - We appreciate the Administration’s ongoing efforts to address longstanding needs in treaty-based natural resource management policies and funding. Base funding for the fisheries programs of CRITFC member tribes and CRITFC must keep pace with increasing mandates, ongoing need. Our base funding source supports improved tribal and inter-tribal co-management functions such as harvest management and conservation enforcement, ecological benefits and job creation.
  • $4.8 million for the US-Canada Pacific Salmon Treatyfor tribal participation and implementation of the Treaty as determined by the U.S. Section of the Pacific Salmon Commission;

Tribal Enforcement Focus on the Columbia River:

  • $716,053 to Public Safety and Justice, Criminal Investigations and Police Services – to fully fund services along Columbia River Zone 6 area. This would support four officers, a sergeant, and a dispatcher.

CRITFC’s enforcement department patrols 150 miles of the Columbia River, including its shorelines in Oregon and Washington. In this area we are the primary provider of enforcement services at 31 Fishing Access sites developed pursuant to PL87-14 and PL100-581 for use by treaty fishers from the Commission’s four member tribes, Yakama, Umatilla, Warm Springs, and Nez Perce. CRITFC’s officers have obtained BIA Special Law Enforcement Commissions to aid their efforts protecting and serving tribal members and federal trust properties along the Columbia River. We have been pleased to have had the support of the BIA Office of Justice Services in obtaining the SLECs. We are also very pleased that the BIA has created OJS District 8 and housed it in Portland. Beginning in February 2011, CRITFC entered into a PL93-638 contract with BIA for enforcement services along the Columbia River. That contract provides funding for two enforcement positions.

Beginning in July, 2007, the tribes held a series of special meetings to address law enforcement concerns including the growing presence of drug, alcohol and violence at the Fishing Access Sites. Outcomes from these meetings included revision of tribal law enforcement codes to clearly extend tribal criminal jurisdiction to the tribes’ Indian country along the Columbia River, as well as the BIA support described above. Since 2010, calls for service to the CRITFC enforcement department have nearly doubled.

In early 2010, the Kurtz and Jim cases challenged tribal enforcement authority in Oregon and Washington respectively. These events again focused tribal governments’ attention to enforcement issues along the Columbia River. In 2012, Oregon passed SB412 authorizing tribal police, including CRITFC officers, to enforce Oregon’s laws provided certain training and liability conditions are met. Also in 2012, the Washington Supreme Court ruled that the State of Washington does not have criminal jurisdiction over tribal members at the 21 Fishing Access sites located on the Washington shore of the Columbia River. This ruling places even greater responsibility on tribal enforcement.

To provide policing services at the 31 Fishing Access sites and other areas along the Columbia River, the Commission requested BIA funding for four officers, a sergeant, and a dispatcher. It’s important that CRITFC build its enforcement capacity above the level of the two officers currently funded by the BIA Office of Justice Services. Our immediate priority is to add two officers. Funding for two additional officers would cost $313, 560 plus indirect. Full funding for this project would be a total budget of $716,053 plus indirect which would support four officers, a sergeant, and a dispatcher.

BIA Climate Change Programs

  • $8.75 million to support two initiatives:

BIA Tribal Climate Change Program - to BIA would ensure it has sufficient resources to conduct fiduciary participation by providing climate change leadership through coordination and integration with the other Bureaus and Offices of the Department, and directly assisting and disseminating information to Tribes and Alaska Natives regarding climate change issues, the effects on Indian people and resources, and adaptation.

Tribal Priority Programs - Tribally-identified priority programs for consultation, education, and engagement, capacity building, adaptation research, analyses, and vulnerability assessments, and adaptation pilot projects. This funding request will help to remedy the current DOI budget inequity of the DOI Climate Change Adaptation Initiative.

Columbia River Treaty

  • $1.25 million for the Columbia Basin tribes and CRITFC, UCUT and USRT to continue to participate in the reconsideration of the Treaty

The U.S. Entity (Bonneville Power Administration and the U.S. Army Corps of Engineers) responsible for implementing the Columbia River Treaty between the United States and Canada initiated a review of the Treaty in 2008. The Treaty current purposes are to optimize hydropower generation and coordinate flood risk management, the tribes cultural and natural resources were not considered at the time the Treaty was signed in 1964 and are only considered in limited circumstances now.

The Columbia Basin tribes, fifteen (15) tribes whose management authorities and responsibilities are affected by the implementation of the Columbia River Treaty, initiated a Sovereign Participation Process with the U.S. Entity to ensure that the tribes’ interests and rights were meaningfully taken into account during the Treaty Review. The Columbia Basin tribes, supported by three tribal organizations (CRITFC, UCUT and USRT) are currently participating in the development of a regional consensus based recommendation to the U.S. Department of State. Essential in this effort is the adoption of ecosystem based functions as an equal management obligation under a revised Columbia River Treaty.

While the regional recommendation is to be delivered to the State Department by September 2013, there will need to be an on-going evaluation and coordination effort conducted by the Columbia Basin tribes as the State Department begins their evaluation of the recommendation. At this point in time, the U.S. Entity has indicated a limited availability of time and funds to conduct technical evaluations and assessments indentified by the Columbia Basin tribes as necessary to evaluate impact of the Columbia River Treaty on the tribes’ resources. The Columbia Basin tribes will use this funding to continue to collaborate on necessary technical evaluations and assessments as well as to consult with the U.S. Department of State, the U.S. Entity and other sovereigns.

Contact: Charles Hudson, Director of Government Affairs, (503) 731-1257

Public Safety and Justice: LAW ENFORCEMENT, DETENTIONCENTERS AND TRIBAL COURTS FUNDING INCREASES

The Department of the Interior through the BIA is the federal agency that is responsible for addressing the Public Safety and Justice needs of 563 federally recognized tribes. The responsibility to preserve public safety for the residents of Indian communities is derived from the unique trust relationship between the United States and Indian tribes, as well as from specific statues such as the Indian Major Crimes Act and P.L. 280.

With Oregon being one of the original six P.L. 280 states (Warm Springs was excepted in the legislation and Umatilla received retrocession of criminal jurisdiction in 1981) and Washington and Idaho opting in later, law enforcement services are severely lacking in many of the Indian communities in the Northwest. This is due to both a lack of resources in local sheriff’s offices and a general reluctance of the local departments to come into the Indian communities. While law enforcement has received significant increases in funding over the past few years, many Northwest tribes are not able to participate because they are not eligible because they “get their services from the local sheriff.” Because of this lack of any law enforcement services the Mexican Mafia has targeted several of the more rural reservations to establish marijuana growing operations.

Northwest tribes request additional resources to interdict and combat the illegal use of narcotics (Heroin, Cocaine and prescription drugs) within Indian Country. Several items become apparent in the Northwest tribes endeavors to curtail the illicit use of drugs.

  • Northwest tribes experienced a wide use of pharmaceutical drugs, namely Oxycontin (Oxycodone HCI) a drug prescribed for the relief of moderate to moderately severe pain medication. Up to 2007, most if not all Oxycontin was obtained in Canada and transported across the international border with the United States and delivered to areas throughout the Pacific Northwest including a majority of Tribal communities encompassing the area.
  • Recent changes in the distribution policy in Canada and border law enforcement initiatives have resulted in the availability of Oxycontin to diminish within Indian Country in the Northwest. This results in Oxycontin being replaced with a much stronger and cheaper narcotic drug heroin.
  • The initial use of heroin spread throughout Indian Country as it was cheaper, more abundant and readily available. With the user now chasing the initial high, the market for heroin grew resulting in tribal resources being utilized to purchase drugs to feed their habit.
  • With the increased demand for heroin, certain quantities arrived in the Pacific Northwest via the Southwest border and in most cases the heroin was not reduced in purity which has resulted in multiple overdose deaths now occurring within the Pacific Northwest Communities.
  • This occurrence is not just occurring within Indian Country in the Northwest but in all the communities and cities encompassing Indian Country.
  • Other drugs currently being found and seized are prosecutable amounts of Marijuana (BC Bud), cocaine, methamphetamines and some other pharmaceutical drugs.
  • Tribes have attempted to fight the war on drugs but have limited authority to arrest and incarcerate. Additionally, most if not all drug distribution organizations are better equipped and financed than most tribes to conduct business in the area.
  • Multi jurisdictional narcotic tasks forces are needed to address the issues and to gain the confidence of the community in furtherance of a successful arrest(s), seizure and prosecution.

Tribal Courts