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Big and bold spending plan could boost Indian Country Infrastructure

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The words are “big” and “bold.” At a White House meeting last week the president and congressional leaders reached a deal to fund $2 trillion worth of infrastructure. House Speaker Nancy Pelosi described it as a “big and bold initiative.”

But will the agreement actually result in dollars for building projects in Indian Country?

This is Trahant Reports.

Congressional leaders met at the White House talking about the huge infrastructure backlog in the United States, roads that need repair, water systems, hospitals, schools, and, well, there is a long list. In Indian Country the tally exceeds $50 billion.

The White House said they will come up with a spending plan and a way to pay for it.

Two years ago the National Congress of American Indians reported that Indian Country has its own infrastructure backlog. A report said: “Crumbling roads. Deteriorating water and sewer systems. Unsafe bridges that remain in use long past their expiration dates. Antiquated, under‐resourced public transit systems that fail to keep up with the needs of our growing population. And the list goes on.”

The reported cited a figure from 2009 reporting $50 billion in the unmet need.  “The number of ‘shovel ready’ infrastructure projects in Indian Country remains too many to count,” the report said, “and many of those have been that way for years if not decades. This chronic underinvestment and the growing backlog of critical infrastructure projects not only negatively impacts the social, physical, and mental wellbeing of tribal and neighboring communities, it hampers the ability of Tribal Nations to fully leverage their economic potential and the ability of their citizens to fully participate in the American economy.”

Adie Tomer, a fellow with the Brookings, Metropolitan Policy Program, in Washington, D.C., said there remain significant obstacles that must be resolved before there is an actual deal to spend money on federal infrastructure. He said the two trillion dollars is a “really, really big figure.” It dwarfs the amount spent on infrastructure spending now. He  said to put that number into context it would require new spending that has not been seen since the New Deal in the 1930s.

The size of that ask is so huge that it immediately raises the question about how will Congress fund such a large investment? And, if that’s not enough, how will Congress resolve at the same time deep disputes about trade policy or federal spending in general?

Congress is already facing a number of difficult deadlines ranging from the next budget, to lifting the required spending caps,  to increasing the amount of money the federal government is authorized to borrow.

And  there is a lot of opposition, mostly from Republicans, for this kind of spending plan. So it’s likely that gridlock, not infrastructure spending, is the outcome ahead. As, Adie Tomer and Laura Fishbane wrote for Brookings: “Unnecessary gridlock eventually drags us all down.”

I am Mark Trahant.

White House conference goes arwry

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What’s the right way for the White House to consult with tribal governments?

This is Trahant Reports.

Last week my colleague at Indian Country Today, Jourdan Bennett-Begaye, reported on what was called “a horrible meeting,” a listening session between the White House and tribal leaders.

The meeting started off as an open dialogue, a back and forth conversation with White House staff, the Department of the Interior, and tribal leaders. But the White House officials said there was not enough time — and they would only listen to issues without a response.

A few tribal leaders did not like that – and left the room.

Bennett-Begaye reported that one of those who left the room was Oglala Sioux President Julian Bear Runner. His team asked a powerful question: How do you have a real consultation with a tribal nation, when the president is engaged with derogatory tweets and name-calling? This president, Bear Runner said,  “has no education on what he’s talking about” with his tweets about the Battle of Little Bighorn or Pocahontas.

The Obama administration had raised tribal consultation to a new level. In addition to the formal process that was set out by the Office of Management and Budget, there was also an annual White House conference where tribes and the administration could exchange ideas about improving the delivery of service to Native people. Was that consultation perfect? Of course not. But the Trump administration essentially rejected any mechanism that began during the Obama era.

One idea that’s being debated now – especially by tribal leaders – is a formal, White House Council on Native Nations, similar in structure to the Council on Economics or National Security. The idea is for tribes to engage directly with cabinet members.

Jefferson Keel, the president of the National Congress of the American Indians, apologized for one heated exchange during the listening session. Some tribal leaders blamed NCAI for the process itself. On Friday Keel said that NCAI “provided a room for White House staff to hold their listening session with tribal leaders after the NCAI Executive Council Winter Session because we believed it would be a first step in educating the White House about the federal-tribal relations.”

In other words, the process was a White House thing. About that bigger question: How do tribes engage this White House in meaningful discussions about tribal priorities? We are seeing a number of tests on that ranging from the potential construction of border walls on tribal lands to the continued development of energy or new pipelines in tribal communities or treaty lands.

And in such cases, so far, tribal opposition has mostly been ignored. That does not sound like consultation.

I am Mark Trahant.

Shutdown is Over

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President Trump in the Rose Garden announcing the shutdown. (WhiteHouse.gov)

President Donald J. Trump signed into law late Friday a three-week spending bill to fund about a quarter of government operations. That ended the longest government shutdown in history. But the White House is already talking about another shutdown — unless Democrats on Capitol Hill agree to a $5.7 billion wall.

So now what?

This is Trahant Reports.

The practical takes over this week. Government agencies have a lot to catch up on.  Work piling up. Contracts. Phone messages. Decisions. Even collecting garbage. Basically the works. This will take time.

There will be a lot of demand, for example, from tribes and non-profit organizations to get cash flow restarted to pay for self-governance and other contracts with the Bureau of Indian Affairs and the Indian Health Service.

As for employees, the White House acting chief of staff, said the government will move quickly to get paychecks out this week.

But what happens next depends on the president. Any deal that results from Congress will likely be the product of a give and take between the Senate and the House. It will not be the president’s demand for a wall or else. So will he shut the government again?

The White House is already saying yes. That started Friday when the president made the announcement about the government reopening. “So let me be very clear,” he said. “We really have no choice but to build a powerful wall or steel barrier. If we don’t get a fair deal from Congress, the government will either shut down on February 15th, again, or I will use powers afforded to me under the laws and the Constitution of the United States … “

That leaves the White House with the option of trying to build a wall using emergency powers instead of an appropriation from Congress.

That could unite Republicans who think the declaration of an emergency is a poor way to govern. And they are not much happier with another shutdown.

Congress has the power of the purse. It can override the president on spending or legislation. That could happen quickly if there is another shutdown fight.

Sen. Lisa Murkowski, R-Alaska, for example, apologized to federal workers and said she is supporting measures to make certain that it does not happen again. She said: “If there was every any silver lining to this, it was to understand that there was no good reason for a shutdown ever.”

This could also spur legislation, introduced by Sen. Tom Udall, of New Mexico, a Democrat, to protect the revenue to tribes through the Bureau of Indian Affairs and Indian Health Service. Essentially taking them out of any shutdown plans.

There could be a wave of support from both Republicans and Democrats looking for a new way to budget, one that excludes the possibility of a shutdown.

I am Mark Trahant

Frozen Washington

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Photo. Waiting for a thaw in Washington. (Mark Trahant photo)

 

When will the longest government shutdown in history end?

This is Trahant Reports.

South Carolina Sen. Lindsey Graham, a Republican, who’s a close ally of President Donald J. Trump, told Fox News over the weekend that the president should open the government for “a short period of time, like three weeks” and then negotiate again with Congress. If we can’t at the end of three weeks, well, all bets are off, then he said the president could do it himself through emergency powers.

Washington is frozen because the president, the Republicans in the House and the Senate, and the House Democrats do not have enough power to say “yes.” Only no, not that. So the White House insists on a border wall and the Democrats say fund government and then let’s talk about the wall. That’s followed by a dismissal of a coast-to-coast border wall that would cost far more than the $5 billion-plus requested by the president.

A couple of polls published over the weekend show that most Americans are blaming President Trump and Republicans for the government shutdown. CNN reports that it found that more than half of all those surveyed — 55 percent — blame the president. The poll found 32 percent blamed Democrats and 9 percent said both were responsible. The Washington Post and ABC News said polls showed 53 percent blamed the president and 29 percent Democrats. The polls also found that most Americans discounted a “crisis” at the border and called it a problem.

The Senate could end the shutdown by taking up several funding bills already passed by the House of Representatives. Those bills would likely be vetoed by the president, but Congress could vote to override the veto with a two-thirds majority.

Across the country tribes, federal employees, contractors, and nonprofits are reporting about the significant hardships. On the Blackfeet Nation there was food distribution for employees who are not being paid. The Rosebud Sioux Tribe said the situation could grow far worse if there is not a resolution soon.

In Albuquerque, an federal employee told Indian Country Today “nearly everyone is furloughed at BIA’s ABQ office” including Human Resources, Environmental Safety, Facilities, Construction, Land titles and Records, and Accounting. “One thing people who are furloughed are doing is applying for unemployment and / or local credit unions are giving 90 days of 0 percent interest loans, if this isn’t resolved,” the worker reported. “Next week I’ll be going to my credit union to take a loan to cover my bills (student loans, mortgage, groceries, car payment, insurance, gas, etc.). Once I get my paycheck, I’ll pay my credit union back.”

As a famous tweeter might put it: Sad. There’s nothing like a personal loan to the United States of America.

I am Mark Trahant.

Impacts of federal government shutdown

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A few days ago it sure looked like Congress would keep the government operating after the Senate passed another short-term spending bill unanimously. Then President Donald J. Trump took to Twitter, saying that Congress must spend billions on a border wall or else. That has led to a Christmas holiday shutdown.

This is Trahant Reports.
This is a “limited” shutdown, involving only about a quarter of all federal agencies. Yet some 380,000 employees, many who work at the Bureau of Indian Affairs, will be furloughed. And tribes and other contractors that work with the federal government will not get paid until later.
All told another 420,000 federal workers will be required to report to their jobs.
The Interior Department reports 2,455 BIA employees will be furloughed. The remaining 4,057 working for the BIA will be considered “excepted.” And all but 40 of the Bureau of Indian Education staff will continue working, 3,344 employees. But employees, furloughed or not, will not receive a paycheck until a new spending bill is signed into law.
The Indian Health Service reports it will “continue to provide direct clinical health care services as well as referrals for contracted services that cannot be provided through IHS clinics.” However, IHS will be unable to provide the majority of funds to rribes an durban Indian Health programs.
But the largest share of the Indian Health Service budget, 54 percent, is money that is transferred to tribes, urban programs, and nonprofits for clinics, hospitals and medical services. That funding stream will come to a halt unless the shutdown is resolved.
The Interior Department’s plan “assumes a shutdown of no more than approximately 30 calendar days or 22 work days.”
But even that is uncertain. The debate is likely to begin with the new Congress that takes office on January 3. That Congress is unlikely to give the president a better deal then the one he had.
The uncertainty in federal spending complicates tribal government operations. A study by the General Accountability Office in 2018 found that budget uncertainty is expensive. “Existing challenges related to the recruitment and retention of health care providers—such as difficulty recruiting providers in rural locations—are exacerbated by funding uncertainty … for instance, one tribe incurred higher interest on loans when the uncertainty of the availability of federal funds led to a downgraded credit rating.” And this as was financing construction of a healthcare facility.
The Senate is tentatively scheduled to meet again on Thursday … but only if there is a deal between the White House and Senate Democrats. And right now, there is a big gap between the two positions.
I am Mark Trahant.

Zinke resigns as Interior Secretary

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President Trump tweeted Saturday. “Secretary of the Interior Ryan Zinke will be leaving the Administration at the end of the year after having served for a period of almost two years. Ryan has accomplished much during his tenure and I want to thank him for his service to our Nation.”

This is Trahant Reports.

Two years ago Ryan Zinke was riding high.

He was moving from representing Montana in the Congress to running the Department of Interior. In the West it’s the gig to get. The secretary controls more public lands than many state governors. The secretary has a huge say in oil and gas leasing. And the secretary is the key government official responsible for carrying out the treaty and trust obligation to tribes.

Ryan Zinke wasted no time in mixing it up with all three interests. At the request of President Donald J. Trump, Zinke reviewed 27 national monuments, opening their status for energy development, and stripping tribal governments of a say in how those lands would be managed.

A three-fer.

Except almost immediately a coalition of tribes and environmental groups moved the fight into the federal judiciary. A number of lawsuits will determine if Zinke even had the legal authority to reduce the size of the monuments. As the tribal arguments in the legal proceedings stated: “It was the largest rollback, whether by a president or Congress, of federally protected lands in United States history.”

That legal case will continue. Probably for years. And, in the meantime, the next secretary will have to notify the court before there is actual drilling.

Earlier this month, a blog post for Scientific American called Zinke’s policies a “monumental disaster.”  Joel Clement wrote that he was one of the senior executives and scientists who were sidelined. “At the Department of the Interior, with its mission to conserve and manage America’s natural and cultural resources, the Trump administration’s political appointees are stumbling over one another to earn accolades for disabling agency operations,” he wrote.

Indeed, one of Zinke’s last acts was to release the required Fourth National Climate Assessment on the day after Thanksgiving. That report described a bleak future for the United States if climate change is not addressed and it points out that federal lands produce nearly a quarter of all U.S. greenhouse gas emissions.

Citizens for Responsibility and Ethics in Washington calls Zinke “one of the most ethically dubious members of president’s cabinet.” It cites 17 investigations, and says he has been only cleared of wrongdoing in three cases.

A new secretary could be appointed as soon as this week. But don’t expect many policy changes at Interior. Energy dominance is a theme that comes from the White House.

 

I am Mark Trahant.

2020 Census in Trouble

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A troubled Census: Norm DeWeaver, James Tucker, and Liz Medicine Crow, talk about the challenges for Native people in the 2020 Census. (Photo by Mark Trahant)

American Indians and Alaska Natives are undercounted during the best of circumstances, like every time the U.S. conducts its once-a-decade count.

And this year? Trouble ahead.

This is Trahant Reports.

Yes, the 2020 Census is in trouble. It’s been in trouble for a while, said Norm DeWeaver, a consultant who has served on Census advisory boards, and has works with tribes to improve their count.

DeWeaver said Census troubles have been brewing for several years because Congress hasn’t wanted to spend enough money on the process. Congress has the idea that the Census should cost the same as it did a decade ago.

Native communities have a number of additional problems, ranging from the lack of rural addressing to a justified concern about answering questions from the government.

Yet the stakes are huge. One estimate says that every tribal citizen who is not counted costs their tribal government at least $3,000 in lost federal services.

Let’s put that in perspective. If a 10,000 member tribe is undercounted by 5 percent, that’s a loss of $1.5 million a year in federal funds, every year, for the next ten years. Many federal programs and block grants use Census numbers to determine the spending. The Census itself says the undercount of American Indians and Alaska Natives was 4.9 percent last time around. Most experts think the undercount was much higher.

The top 16 federal programs use Census data to determine funding models and block grants. James Tucker an attorney said: “If you are not counted, you do not exist for purposes of those federal grants and you are hurting your tribe. It’s as simple as that.”

In getting ready for 2020, there were supposed to be field tests at Standing Rock and at Colville, a way to test the methodology, but those were called off to save money. Yet it’s that practice, that improves the count.

Three U.S. Senators, Heidi Heitkamp, D-North Dakota; Lisa Murkowski, R-Alaska; and Amy Klobuchar, D-Minnesota; said the Census was setting aside Native communities for “other priorities.” The three senators asked the bureau to come up with an action plan to be certain that there is an “accurate and cost effective process to count all American Indians and Alaska Natives.”

Another reason why the Census is so important is because it determines representation in the Congress and state legislatures.  One Congressional district is about 700,000 people (except in states where there is one member for the entire state). Several states are hoping that population gains will mean an additional seat because of the 2020 count.

Elizabeth Medicine Crow of the First Alaskans Institute says Alaska Natives should have had at least two additional seats in the state legislature based on population.

So how do you fix the Census? The best answer would be more support from the Congress. But another answer is for tribes to do more of the work on their own — in a way bailing the federal government out.

 

I am Mark Trahant.

McCain Legacy

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Photo: John McCain at the U.S. Capitol. (credit JohnMcCain.com)

Arizona Senator John McCain died Saturday. He was 81. McCain leaves behind a rich and complicated legacy.

This is Trahant Reports.

McCain served with two of Arizona’s most well-known legislators, Sen. Barry Goldwater and Rep. Morris Udall. All three ran for president in their day.

Udall, a Democrat, was a close friend of McCain. He was eager to keep him informed about federal Indian policy and to work with him across the aisle. He often would ask McCain, then in the House of Representatives, to attend press conferences or meetings with tribes. The result was the two Arizonans were often allies on tribal issues and developed a personal relationship.

McCain and Udall were authors of the Indian Gaming Regulatory Act. Back then tribal casinos and bingos were about a $100 million enterprise. Today it collects billions. Tens of billions. Of course not every tribe, nor even every tribal member, has benefited from the success of gaming. But without question the industry has changed the face of Indian Country.

McCain was always close with Native American veterans groups. He said: “From the Revolution through Desert Storm, Native Americans have served, suffered and died for the cause of American freedom … Native American Veterans bow to no one in depth of his patriotism and love of country.”

A statement by the National Congress of American Indians called the senator a “tireless champion.” McCain dedicated many years to Indian Country. Serving as longtime member and former Chairman of the Senate Committee on Indian Affairs, he met frequently with tribal leaders on the Hill, in their community, and at our gatherings. In his last speech at NCAI Senator McCain said, “We must listen more to you, and get out of the way of tribal authority.”

Of course McCain was not perfect. He called himself “an imperfect servant.” And many objected to his part in transferring Apache sacred land to a mining company. A YouTube video of a polite controntation in Window Rock when viral when the senator asked a young man to leave.

McCain also advocated for tribal provisions in the Violence Against Women Act. He said: “Domestic violence is a national problem and not one that is unique to Indian Country. Yet, due to the unique status of Indian tribes, there are obstacles faced by Indian tribal police, federal investigators, tribal and federal prosecutors and courts that impede their ability to respond to domestic violence in Indian Country. This bill is intended to remove these obstacles at levels and to enhance the ability of each agency to respond to acts of domestic violence.”

Sovereignty is the answer, again and again. In his final speech at the National Congress of American Indians, McCain found his older theme. He said: ”We must listen more to you, and get out of the way of tribal authority.”

John McCain, the maverick.

I am Mark Trahant.

For more information look at Indian Country Today and Mark Trahant’s analysis of the McCain legacy.

Davids wins Kansas primary

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Unprecedented. Amazing. And long overdue. Another Native woman is her party’s nominee for Congress.

This is Trahant Reports.

Sharice Davids won the Kansas primary with hard work, focus on what was important, and avoiding the distractions from outside influences. That sound like a practice that would work in Congress too. (You know … instead of grandstanding on legislation that has no chance of ever actually becoming law.)

Davids, Ho Chunk, was an unlikely candidate. She started late, just about four months ago, running against a candidate who had been working for a year on that race.

But in politics timing is everything. And those four months were exactly the right time.

This year is one where women across the country are coming together as candidates and as voters in an unprecedented way.

Native women, too. There are now two Native women, Davids and Deb. Haaland, Laguna Pueblo, as their party nominees for the November election. And Amanda Douglas in Oklahoma has a primary at the end of this month. So there could be three.

This is unprecedented. And so long past time. There have been some 12,000 people (mostly men) elected to Congress since 1789. So It’s time for new voices.

On Saturday Andria Tupola, a Native Hawaiian, won the Republican nomination for governor of Hawaii. So there are now two Native women campaigning to lead states as party nominees. (The other is Paulette Jordan, Coeur d’Alene, in Idaho.)

It’s not just Indian Country that is ready to listen to new voices. More women than ever are running for and winning primary elections. As the Brookings Institution pointed out: “If enough of these women get elected in 2018 to tip control of the House to the Democrats, we could see significant changes to the congressional agenda.”

You think?

And it’s not just the candidates. There is another trend at work, a growing gender gap of voters. This trend is what helped Davids win the primary. In states across the country the gender gap is widening to more than 20 points. The thing is it’s not just the gender gap, it’s the turnout. Women are showing up to the polls in greater numbers, too. And that’s defining the 2018 election.

This is the untold story of this election, that the country, thanks to women voters, is finally stepping up to the diversity that is already here.

The late Wilma Mankiller used to say that no government can function with only half its people. “Where are your women?” she said Cherokee leaders once asked the Americans.

There is a new answer to that very question.

For her part, Davids says she is humbled by the party nomination and she is looking forward to the November election. And she plans to win by staying focused on the issues … and outworking her opponent.

 

I am Mark Trahant.

Govern Ready?

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Are Republicans ready to govern? It’s time to make that case at least in the Senate and in the House.

This is Trahant Reports.

The Senate is returning to what’s called “regular order.” In that process a spending bill works its way through committee, is passed by the Senate. The House does the same thing. The two bills are resolved and it’s sent to the president.

Textbook.

Last week at a Senate news conference Tuesday, Leader Mitch McConnell, a Republican from Kentucky, said he has reached a deal with Democrats to move forward with 90 percent of the federal budget, including appropriations bills for Defense, Health and Human Services, and the Department of Labor. McConnell’s goal is to move 90 percent of the appropriations bills this way and the Senate will be done by Labor Day.

Then McConnell jopes the House will move quickly too — so common ground can be found before the fiscal year ends on September 30. (The Interior Appropriations bill that includes the the Indian Health Service and the Bureau of Indian Affairs are included in this regular order process.)

As part of the deal, Republicans have agreed to avoid policy riders that make it impossible to round up votes from Democrats. It will take 60 votes in the Senate for legislation to be passed.

That’s the governing part. Or in the language of Washington, regular order.

The House leadership would very much like to do something similar.

House Speaker Paul Ryan, a Republican from Wisconsin, said the House could pass several spending bills before that deadline. But, he added, “there will be some bills that don’t pass” and it’s likely a short-term Continuing Resolution will be needed.

One such bill that will be controversial is the House’s plan to spend $5 billion on Homeland Security. The Senate’s version spends far less, only $1.6 billion, as well as requirements that funds only be used to reinforce existing physical barriers. Democrats such as Sen. Patrick Leahy of Vermont call the House bill a “non-starter.”

This is where the governing part gets confusing. While McConnell and Ryan are championing the regular order and a functioning Congress, the president is saying something else.

President Trump last week said several times that Congress must pass funding for a border wall or the government will be shut down. He said he “may have to do some pretty drastic things.”

No matter what budgets come out of Congress — the House version or the Senate’s plan — the president would still have to sign the legislation into law. Most likely that will be in the form of a compromise bill that includes either spending the president does not like or less money than he would like for his border enforcement.

So it will be up to the president to close the government without help from Congress.

I am Mark Trahant

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