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Presenters BIA Tribes Diane Rosen, Regional Director

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1 Presenters BIA Tribes Diane Rosen, Regional Director
Darrell Seki, Tribal Treasurer, Red Lake Band of Chippewa Indians Mark Montano, Director of Tribal Operations, Red Cliff Band of Lake Superior Chippewa Indians Good afternoon, we are pleased to present to you budget issues of concern to Midwest Region tribes.

2 The Midwest Region serves 35 Tribes in :
Minnesota Michigan Iowa Wisconsin Indiana The Midwest Region includes 35 tribes in Minnesota, Michigan, Iowa, Wisconsin, and Indiana

3 Wetlands Acres 4.8 million Stream Miles 15,396
Natural Resources Midwest Region (all Indian land including treaty and ceded areas) Total Acres million Forest Acres 41 million Lakes Acres million Wetlands Acres million Stream Miles ,396 The Midwest Region is rich in natural resources. We have the 5 great lakes, as well as the 6th great lake – Red Lake! Water, fish, wildlife, and forests abound, and they are important to us.

4 President’s Requested Increases (Decreases) to the 6 Largest Interior Agencies Over the Prior Year Enacted Level. FY 2012 Budget Request FY 2013 Budget Request We showed you this slide, and the next two as well, last year. But since nothing has changed in terms of an enacted 2013 budget, or a released 2014 budget, we are showing them again because they are still relevant. This chart shows the President’s requested increases/decreases for the FY 2012 and 2013 budget years. During the last two budget cycles, the trend of favoring other Interior agencies over the BIA has continued. We showed you the chart on the left last year, after the President’s 2012 budget was rolled out. The budget clearly favored all other Interior agencies over BIA. The chart on the right is based on the 2013 budget request. It appears a bit better then the chart on the left, but when taken in context with the next slide, perhaps not so.

5 FY 2012 Congressionally Enacted Funding Decreases for the 6 Largest Interior Agencies
This chart shows that in FY 2012, all of the 6 largest Interior agencies received budget cuts, but BIA received the largest cut of all. The last two years have not been friendly to the Indian Affairs overall budget.

6 Budget Increases for the 6 Largest Interior Agencies FY2004 to FY2013
This chart shows the percentage growth in the budgets of Interior agencies over the last 10 years, including the President’s most recent request. The BIA budget has obviously grown the least - less than 1% per year on average. We do want to give credit to Larry and the BIA for rolling out the 2012 and 2013 budgets with tribal priorities in mind, while sacrificing the BIA’s own programs to do so. But the fact is, the BIA’s funding levels have been constrained compared to other Interior agencies. They continue to outcompete us, and this must stop. The needs of tribes will continue to go unmet until the Administration and Congress reverse themselves, and provide major increases to the BIA. The FY 2015 BIA budget should be increased by 25% over FY 2012 levels.

7 Midwest Region Tribal Interior Budget Council Official Action:
On February 27, 2013, Midwest Region TIBC representatives sent a letter to Tribal Leaders in the Region, expressing their dissatisfaction about the FY 2015 budget process, including the ranking/prioritizing of tribal programs. The Motion below was adopted by Midwest Region Tribes at the Regional Budget Meeting, along with modified FY 2015 Budget Worksheets. Midwest Region Tribal Interior Budget Council Official Action: “The Midwest Region Tribes attending the budget meeting February 6th and 7th, 2013 put forward the attached Initiatives with no rank or order and further stipulate that we do not agree to any reductions in funding that directly affects the Tribes in our Region. Furthermore, the Midwest Region Tribes do not want these initiatives to be used in any way to determine, propose or enact cuts to the Indian Affairs budget, with the exception of the 5% reduction information. February 27, 2013 Dear Midwest Region Tribal Leader, During the Midwest Region Budget meeting held on February 6th & 7th those in attendance expressed their dissatisfaction with the process of ranking/prioritizing Tribal programs. We also feel very strongly, as other regions have expressed as well, that we cannot advocate for or support a process by which we are being asked to reduce the budget of a program to an already underfunded program at the sake of another. Therefore it was agreed that we will not submit the requested information in the format provided but instead put forward a form that strengthens our stance and in addition sends a clear message to the BIA about our objections to the process and the use of the information provided. For your reference the original budget worksheet is provided so that you may reference the changes. The following motion and attached FY2015 Budget Worksheet were adopted at the meeting; Midwest Region Tribal Interior Budget Council Official Action “The Midwest Region Tribes attending the budget meeting February 6th and 7th, 2013 put forward the attached Initiatives with no rank or order and further stipulate that we do not agree to any reductions in funding that directly affects the Tribes in our Region. Furthermore, the Midwest Region Tribes do not want these initiatives to be used in any way to determine, propose or enact cuts to the Indian Affairs budget, with the exception of the 5% reduction information. In conclusion, the Midwest Region Tribes give the TIBC representatives the authorization to make changes as they determine beneficial to the Midwest Region Tribes.” We continue to advocate as best as we can under the constraints of the system we operate within, that being the Tribal Interior Budget Council and the BIA. We ask that you continue to do the hard work of advocating on behalf of our regional and your Tribal needs in the many venues that are available. The Halls of Congress and the President need to hear our plea for consideration of a budget that truly meets the needs of our respective Nations and in these trying budget times exempt our budgets from cuts by declaring Indian budget mandatory spending versus discretionary. The Midwest Region BIA will be submitting a completed packet of information to BIA Central Office by no later than close of business on Friday, March 1st. We have requested and the Regional Director has agreed to simultaneously provide every Tribe in our Region an electronic copy of the information sent to Central Office. In closing, we hope that we are conveying the collective message of our Regions budgetary needs in a manner that is acceptable to you. If you should have any questions and or concerns we are available at any time to answer or assist in any way. Red Lake Nation Red Cliff Band of Lake Superior Chippewa Midwest TIBC Representative Midwest TIBC Representative & TIBC National Co-Chair

8 Midwest Region FY 2015 Modified Budget Worksheets +3% Increase
-5% Decrease Because Midwest Region tribes believe all tribal government funding is a priority, we modified the 2015 budget worksheets to identify important initiatives for increases at the 3% and 10% levels, and recommended budget decreases at the minus 5% level. These are shown in the next 3 slides

9 FY 2015 Budget Worksheet Activities (Sub activities, Program Elements)
Top 5 Initiatives for a 3% Increase Activities (Sub activities, Program Elements) OJS (Courts, Law Enforcement) Human Services (ICWA, Welfare Assistance) BIE (Scholarships) Trust – Natural Resources Management (Rights Protection Implementation, TMD, Wildlife and Parks) Tribal Government (Aid to Tribal Govt., CTGP, SG Compacts, CSC, ISD Fund, New Tribes, Small & Needy Tribes, Road Maintenance) At the 3% level, Public Safety increases include Courts & Law Enforcement. In Human Services, increases include ICWA & Welfare Assistance. Under BIE, tribal scholarships should be increased. Under Natural Resources, increases are suggested for Rights Protection, Tribal Management Development, and Wildlife and Parks. And, all Tribal Government categories should be increased.

10 Activities (Sub activities, Program Elements)
FY 2015 Budget Worksheet Top 5 Initiatives for a 10% Increase Activities (Sub activities, Program Elements) OJS (Courts, LE, Detention, CLEOP, Fire Protection) Trust – Natural Resources Management(RPI, TMD, W&P, Fish Hatchery Operations & Maintenance, Forestry, Forestry Projects, Water Mgmt & Pre- Development, Invasive Spp., Nat. Resources TPA, Climate Change) Human Services (Social Services, Welfare Assistance, ICWA, HIP) BIE (Scholarships, JOM) Tribal Government (Aid to Tribal Govt., CTGP, SG Compacts, CSC, ISD Fund, New Tribes, Small & Needy Tribes, Road Maintenance) At the 10% level, Public Safety increases include Courts, Law Enforcement, Detention, Fire Protection, and the Conservation Law Enforcement Officer program. In Natural Resources, increases are needed in ALL categories that fund tribes’ programs, including climate change. Human Services increases include ICWA, Welfare Assistance, HIP & Social Services. Under BIE, tribal scholarships and JOM should be increased. And, all Tribal Government categories should be increased, including Road Maintenance.

11 Information Resources Technology 2
FY 2015 Budget Worksheet Top 3 Budget Decreases (-5%) in Rank Order (1 = Least impact) Rank Program 1 Information Resources Technology 2 Minerals and Mining, Administrative Services 3 Intra-Governmental Payments/Indian Land & Water Claim Settlements and Misc. Payments At the 5% decrease level, Midwest tribes are of the strongest opinion, there can be no further cuts to tribal core programs! We have been cut enough. Therefore programs suggested for decreases are mostly at the central office level. We also believe that Indian Land & Water Claim Settlements do not belong in the BIA budget. They should be paid by Treasury.

12 Cuts to Tribal Government Funding
Tribal Priority Allocations (TPA) Fund Core Government Services ________________________________________ 1996 TPA Cut: 16% TPA Cuts: 10% 2013/2014 TPA Sequester Cut: 9% Total TPA Cuts since 1996: 35% _________________________________________ Only increases for most TPA programs were Pay Costs, but they were fully funded only once (2008) All tribes’ Tribal Priority Allocation accounts (which form the core of government services) were permanently cut by 16% back in These same programs were permanently cut an additional 10% from FY due to war rescissions and other rescissions. Tribes now face an additional 9% cut from the Sequester. This means that tribes’ critical government service programs must operate today with 35% less non-inflation adjusted dollars than in 1995! The only increases for most TPA programs has been Pay Costs, but most years these were only partially funded. And while I’m on the subject of Pay Costs, in 2011 Tribes received $2 million in Pay Costs, which were to be base-transferred and received in all future years. But this $2 million base increase did not get into the 2012 budget. BIA has been promising to fix this problem. The last I heard was when Acting Assistant Secretary Del Laverdure told tribes last May at the Self Governance conference, that he was on top on this and he was going to get this fixed and get the funds to the tribes. Well, tribes still haven’t received those funds in 2012 and beyond. This situation needs to be resolved, and I am asking you Mr. Washburn, to respond to this matter before the end of this meeting. Pay Costs are the only base increase most TPA programs have received going on two decades now, and when we do get them, they’re usually far less than they should be, like this $2 million. But, they are very important to us. This year, like no other, tribes must rise up, and tell Congress that enough is enough, the sequester and any cuts, must not be applied in 2014 and beyond!

13 Estimate of the Number of Tribal Jobs Lost Due to Sequestration
We estimated potential tribal job losses by taking the total of tribal salaries nationwide, based on BIA Pay Cost reports. Although the FY 2014 total tribal salaries numbers are “Embargoed”, recent BIA pay cost reports show tribal salaries at more than $300 million. We believe tribal salaries in the pay cost reports are underreported, because BIA does not collect tribal salaries from all tribes. Therefore, we believe our estimate of $350 million for tribal salaries is reasonable. The sequester therefore, will remove $17.5 million in tribal salaries at the 5% level this year, and $31.5 million in tribal salaries at the 9% level next year. At an average value of $50,000 for a tribal job, that equates to the loss of 350 tribal jobs this year, and 630 tribal jobs next year. For the Midwest Region, we estimate the loss of 36 jobs this year, and 65 jobs next year. This does not tell the whole job loss story however. We do not have total salary information for BIA employees, but we do know that the total salaries for BIA employees substantially exceed the total salaries for tribal employees. So, even though the BIA says it will try to limit job losses, it is inevitable that this will occur, at the central, regional, and local levels.

14 Midwest Region Service Impacts from Sequestration
Public Safety: fewer cops and firefighters will result in threats to human life; jails will become less safe; and criminal court cases will get bogged down. Human Services: sharp reductions in foster care placements; welfare assistance payments will be denied; and child welfare cases will go unaddressed. Education: school children will lose essential supplies and tutoring; and the denial of scholarships funding will cause many students to drop out of college. Natural Resources: surveys and enhancement projects will be curtailed or shutdown; active management procedures will be cut back, resulting in additional job losses for those who log, fish, and gather traditional foods for a living; and threatened/endangered species will be unprotected. BIA Services: Midwest Region services to tribes will be sharply curtailed, and positions eliminated or furloughed. Although it is impossible to cite specific statistics at this point, all tribal government services will be cut once the full effects of the Sequester set in. In public safety, there will be fewer cops to respond to emergency calls; fewer firefighters and delayed responses to house fires; jails will become less safe for staff and inmates; and criminal cases will get bogged down in the courts. In human services, there will be sharp reductions in foster care placements; welfare assistance payments to the poorest people in America will be denied; and child welfare cases will go unaddressed. In education, school children will lose essential supplies and tutoring that are truly needed (In Minnesota for example, only 42% of Native American children graduate from high school); and the denial of scholarships funding will cause many students to drop out of college and give up on their dreams of a better life. In natural resources, ongoing surveys and enhancement projects will be curtailed or shutdown; active management procedures will be cut back, resulting in additional job losses for those tribal members who log, fish, and gather traditional foods for a living; and threatened and endangered species may go unprotected. In addition, services provided to tribes by the BIA Midwest Region will be sharply curtailed, and positions eliminated or furloughed.

15 Midwest Region Trending Issues
ILCA Lien Waivers Wolf Hunting -Mining The next 3 slides discuss three important issues in the Midwest Region. These include the need for ILCA Lien Waivers, wolf hunting, and mining.

16 Midwest Region Lien Waiver Request
Immediate Benefits Provide an immediate source of revenue to Tribes Reduced administrative costs associated with processing and maintaining lien information by Tribe, by tract and by interest The appraisal and collection of fair market rent can be waived if no liens exist on title for 100% Tribally owned allotments. Hearth Act - Tribal tracts of land which are encumbered with ILCP liens will continue to require administrative assistance by the BIA , conflicting with the intent of the Hearth Act. As participants of the initial pilot project for the Indian Land Consolidation Program, the Midwest Regional Office is requesting the forgiveness of all existing ILCA liens and waiving all future liens that would be generated from additional interests purchased through the revolving account through ILCP. In support of the Bureau’s mission and in the spirit of Self Determination, removal and waiving of liens would provide an immediate benefit to the Tribes in which we serve by providing a direct source of revenue generated from the allotment interests already owned by the Tribe. Existing liens on title will negatively impact the intentions of the Hearth Act, as allotments that are 100% Tribally owned will continue to require administrative assistance by the BIA. Information from TAAMS indicates that since 1999 nearly $50 million was spent in the Midwest Region for the purchase of fractionated interests, creating liens for that same dollar amount. Just under $2 million (4%) has been recouped from revenue generated and been applied towards satisfying liens. The potential for each tract to generate enough revenue to satisfy liens is low to none. Many tracts have not generated income and the potential to generate any future income is unlikely. The burden to manage lien balances falls with the Bureau and complicates many internal processes such as disbursements. Currently there are 111,404 liens on interests purchased in the Midwest Region with a lien balance of just under $48 million. Section 214(b)(2) of the Indian Land Consolidation Act as amended in 2000, codified at 25 U.S.C. § 2213(b)(3), authorizes the Secretary to remove a lien acquired under the ILCA. Information gathered from TAAMS Adhoc Reports

17 WI & MN approved a wolf hunting season in 2012
WI & MN approved a wolf hunting season in A total of 117 wolves were killed in WI and 412 in MN. Hunting wolves in MN was allowed within reservation boundaries on fee lands and within the treaty ceded territories in WI. MI is considering a wolf hunting season in Methods of take in WI included include predator calls including electronic calls, baiting, trapping, and hunting at night. Tribes in these states are vehemently opposed to the wolf hunt as they consider the wolf to be a brother and believe whatever fate befalls the wolf also happens to them. They are also concerned with the ecological impacts of the wolf hunt and believe the kill quotas do not take into account wolf mortality by other means (natural mortality, poaching, etc.). The speed with which wolf hunting proceeded was politically motivated. Minnesota voters last year removed the republican legislature, and now the MN Senate is getting ready to vote on a suspension of wolf hunting.

18 Mining and exploration companies are swarming the upper Great Lakes, especially Michigan’s Upper Peninsula, northern Wisconsin and the arrowhead region of northern Minnesota. Lake Superior is in the bull’s eye.  Tribes in the region are exceedingly concerned about the long-term adverse impacts associated with mining to water quality, wild rice, sustenance fisheries, treaty reserved resources, and the overall environment. This concludes our presentation, Migwetch!


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