From Wounded Knee to Capitol Hill.As Congress surrenders more powers to Indian tribes, the reverberations trouble many state officials. But lawmakers are finding that states can profit from good relations with tribes.
The year was 1973 - not 1873. But as members of the American Indian Movement American Indian Movement (AIM), organization of the Native American civil-rights movement, founded in 1968. Its purpose is to encourage self-determination among Native Americans and to establish international recognition of their treaty rights. took control of Wounded Knee Wounded Knee, creek, rising in SW S.Dak. and flowing NW to the White River; site of the last major battle of the Indian wars. After the death of Sitting Bull, a band of Sioux, led by Big Foot, fled into the badlands, where they were captured by the 7th Cavalry on Dec. for 71 days - complete with armed guards it was reminiscent of the bloody era that spanned the 18th and 19th centuries as native peoples and recent European arrivals clashed over the land that became the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. .
Times have changed. Recently, 275 tribal leaders from around the nation met in Washington, D.C., to prepare for this year's legislative calendar and push their political concerns. On the agenda are issues such as casinos, taxes and natural resources, all needing to be cooperatively addressed by tribes, states and the federal government.
Native Americans have traveled a long and bumpy trail since Europeans came to this country. Over the years, the Years, The
the seven decades of Eleanor Pargiter’s life. [Br. Lit.: Benét, 1109]
See : Time federal government has endorsed widely varying, often conflicting, policies in dealing with the natives of North America North America, third largest continent (1990 est. pop. 365,000,000), c.9,400,000 sq mi (24,346,000 sq km), the northern of the two continents of the Western Hemisphere. . Today, the angle is "self-determination" - a push toward autonomous tribal governments. And in some cases, it's working. The trails are becoming smoother for many American Indians American Indians: see Americas, antiquity and prehistory of the; Natives, Middle American; Natives, North American; Natives, South American. , and many are now running parallel to the main streets of state-federal governance. Tribal governing capacities are expanding as more and more tribes seek to preserve their cultures and govern themselves. The tribes are at a "convergence of economic strength, legal muscle and political will," says New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of Times reporter Timothy Egan.
But states are uneasy with this convergence. As the federal government continues to work out details of its relationships with tribes, state governments - the tribes' closest neighbors - have a separate relationship with them, and it's often strained. The lack of state jurisdiction over Indians and reservations, federal controls and inherent tribal sovereignty have all resulted in ongoing disputes between tribes and states. Native Americans are not only citizens of the tribe, but also of the United States and the state in which they reside. This "triple citizenship" creates an ambiguous matrix of regulatory and other jurisdictional requirements for Indians, on and off their reservations. Jurisdiction over non-Indians on Indian land also is murky.
But as Native Americans gain more and more clout, state leaders are learning that it is more productive and mutually beneficial Adj. 1. mutually beneficial - mutually dependent
dependent - relying on or requiring a person or thing for support, supply, or what is needed; "dependent children"; "dependent on moisture" to work with, not against, the tribes.
TRIBES AND THE STATES
Many states have dealt successfully with tribes on specific issues, but others have resorted to the courts. Terry Williams
Terry Williams (born 6 June 1947, Hollywood, California) is an American singer-songwriter. , director of the Tulalip Tribal Environmental Program in Washington, calls state-tribal relations a "roller coaster ride."
It's not that states and tribes don't have mutual interests - they do. Human services, environmental protection and economic well-being create opportunities to cooperate and develop solutions, while maintaining autonomy. The Hualapai Indian Nation and the Arizona Department of Environmental Quality, for example, recently signed an agreement to protect water quality on and off tribal lands. The move will "help the state and tribe work closely with one another to protect water quality resources," says Russell Rhoades, director of ^DEQ DEQ
Abbreviation for the Incoterm "Delivered Ex Quay." . Such agreements can be effective tools. In Akron, Ohio Akron is a city in the U.S. state of Ohio and the county seat of Summit County.GR6 The municipality is located in northeastern Ohio on the Cuyahoga River between Cleveland to the north and Canton to the south, approximately 60 miles (96 km) west of , a university nursing school teamed up with an American Indian American Indian
or Native American or Amerindian or indigenous American
Any member of the various aboriginal peoples of the Western Hemisphere, with the exception of the Eskimos (Inuit) and the Aleuts. cultural center to open a free medical clinic. While the clinic's mission is to treat the Native Americans of the area, African Americans make up 40 percent of the clinic's patients and whites make up 30 percent.
And certainly, in many cases, states have a chance to profit economically from good relations with tribes. In Wisconsin, where sport fishing is a business worth nearly a billion dollars a year, Native and non-Native fishing guides are trying to learn from each other and work together to make sure the limited natural resource is managed wisely. Agreements can set up revenue sharing revenue sharing
Funding arrangement in which one government unit grants a portion of its tax income to another government unit. For example, provinces or states may share revenue with local governments, or national governments may share revenue with provinces or states. from tribal gas, liquor and cigarette taxes or that contentious cash cow Cash Cow
1. One of the four categories (quadrants) in the BCG growth-share matrix that represents the division within a company that has a large market share within a mature industry.
2. - gambling.
Wisconsin businesses rake in rake in
Informal to acquire (money) in large amounts
Verb 1. rake in - earn large sums of money; "Since she accepted the new position, she has been raking it in"
shovel in nearly $150 million a year providing goods and services In economics, economic output is divided into physical goods and intangible services. Consumption of goods and services is assumed to produce utility (unless the "good" is a "bad"). It is often used when referring to a Goods and Services Tax. to Indian casinos. Two Wisconsin tribes reported 30 percent drops in welfare caseloads as a result of casino jobs, resulting in taxpayer savings of $470,000. In Minnesota, Indian gaining has become the state's seventh largest employer, creating more than 10,000 new jobs - 7,500 of which are held by non-Indians.
Wisconsin Senator Bob Jauch recognized back in 1990 that states and tribes "need to sit down and try to work out together what their mutual needs and concerns are, and find a system by which they can, harmoniously and jointly, cooperate to reach some common ground." The same is true today. But before such cooperation will be effective, lawmakers must understand how tribes are becoming more self-sufficient and politically savvy and how these changes affect state governance.
TRIBES AND POLITICS
Tribes are adapting their inherent sovereignty to the present-day federal system. On Capitol Hill, some tribes make full use of their economic clout. The Mississippi Band of Choctaw spent more than $4.2 million in 1996 successfully lobbying Congress to protect gambling interests. Tribes contributed $1.7 million to political parties and candidates in the 1996 elections. And they will continue to pour money into lobbying efforts to defeat controversial measures that would tax revenues from tribal businesses, limit jurisdiction within their reservations and limit sovereign immunity The legal protection that prevents a sovereign state or person from being sued without consent.
Sovereign immunity is a judicial doctrine that prevents the government or its political subdivisions, departments, and agencies from being sued without its consent. .
Tribes also are becoming more savvy in their efforts to lobby state legislatures. In Montana, the past session saw the most Indian participation ever - through lobbying, hearings and an overall presence, according to according to
1. As stated or indicated by; on the authority of: according to historians.
2. In keeping with: according to instructions.
3. Representative Bill Whitehead, who is from the Fort Peck Reservation. Efforts to limit tribal civil jurisdiction on reservations were defeated, but the state continues to challenge a tribe's right to set water quality standards. "We knew we had to get involved," Whitehead says. "Lawmakers must realize that the state has a responsibility to individual members of tribes."
In Alaska, one of the most contentious issues ever before the Legislature - subsistence hunting and fishing - still isn't solved after two special sessions this year. Alaska Natives Alaska Natives are indigenous peoples of the Americas native to the state of Alaska within the United States. They include Inupiat, Yupik, Aleut, and several Native American peoples, including Tlingit, Haida, Tsimshian, Eyak, and a number of Northern Athabaskan peoples. continue to lobby the lawmakers and are today more sophisticated in their efforts than they were 20 years ago when the debate first began.
Some tribes have representation in state legislatures. At least 40 legislators in at least 10 states are Native American. Theirs is a unique position. Montana Representative George Heavy Runner, a Blackfoot tribal leader, points out that he feels he is "sitting on the fence rail" when trying to balance the needs of his Indian and non-Indian constituents. But in Alaska, where 13 lawmakers make up the largest native delegation in any state, Senator Georgianna Lincoln believes native legislators have an obligation to make sure the Indian way of life is not eroded. "We must all fight to get that message out," she says.
MONEY MAKES A DIFFERENCE
Where does the money come from for the tribes' political efforts? Tribal wealth is uneven, of course. Many tribes struggle with poverty and high unemployment. A disproportionate number of Native Americans fall below the poverty line. But other tribes are focusing on economic development. Tribes are marketing natural resources and sport hunting and fishing. Some are coaxing industry to the reservation. Tribes in Arizona, for instance, own a national frozen yogurt distributorship. And the Narragansett Tribe in Rhode Island Rhode Island, island, United States
Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches. is looking at a bottling plant Noun 1. bottling plant - a plant where beverages are put into bottles with caps
industrial plant, plant, works - buildings for carrying on industrial labor; "they built a large plant to manufacture automobiles" for spring water. The Mississippi Band of Choctaw Indians is one of the state's top 10 employers, with 10 manufacturing plants, a hotel and casino, and a large tribal government. Tourism is growing. Some tribes, in fact, are thinking globally, as evidenced by recent attendance of the Umatilla and Warm Springs Tribes, the Eastern Band of Cherokees and the Blackfeet at the International Tourism Exchange.
The ingenuity of tribal entrepreneurship is evident. In Idaho, despite significant state and federal concerns, the Coeur d'Alene Tribe The Coeur d'Alene are a First Nations/Native American people who lived in villages along the Coeur d'Alene, St. Joe, Clark Fork and Spokane Rivers; as well as sites on the shores of Lake Coeur d'Alene, Lake Pend Oreille and Hayden Lake, in what is now northern Idaho, eastern started an international on-line lottery with million dollar jackpots. (Wisconsin and Missouri have sued to stop the practice and the U.S. Senate recently voted to make Internet gambling illegal.)
For a few tribes, the most lucrative economic venture is gambling. Contrary to popular belief, only a quarter of federally recognized tribes Federally recognized tribes are those Indian tribes recognized by the United States Bureau of Indian Affairs for certain federal government purposes. Description
In the United States, the Indian tribe is a fundamental unit, and the constitution grants to the U.S. operate casinos, and less than 9 percent earn enough to provide direct payments to members. Hopi tribal chairman Wayne Taylor Wayne Taylor (born 15 July 1956 in Port Elizabeth, South Africa) is a South African sports car racer. He won the 1996 and 2005 24 Hours of Daytona, and the 2005 Rolex Series. He co-drives for SunTrust Racing with Max Angelelli. Jr. worries that the few American Indian tribes with successful casinos could potentially hurt other tribes by reinforcing the myth that all tribes are rich with casino profits. However, the success of that handful of tribes, while not always permanent, can be large - and shared with the states. Tribal casinos in New Mexico New Mexico, state in the SW United States. At its northwestern corner are the so-called Four Corners, where Colorado, New Mexico, Arizona, and Utah meet at right angles; New Mexico is also bordered by Oklahoma (NE), Texas (E, S), and Mexico (S). , for instance, share revenues of up to $50 million with the state. Minnesota welfare payments in counties with casinos dropped 14 percent between 1987 and 1991 (while statewide payments increased 17 percent), resulting in a savings to the state of an estimated $7 million. Similarly, unemployment on the Tulalips' reservation near Everett, Wash., dropped 55 percent since the tribe began a gaming operation in 1991. Also in Washington, the Muckleshoot Tribe is the second-largest employer in South King County, employing 1,300 people, 60 percent of whom are non-Indians. The White Mountain Apaches in Arizona have new police facilities and cars. The Fort McDowell Tribe in Arizona funded health insurance for its people.
The Confederated Tribes of the Grand Ronde Grand Ronde may refer to one of the following places or entities in the U.S. State of Oregon:
Harrison was raised by her grandparents. The bestselling author famously documented a disturbing triangulation that developed involving her young mother, her father and herself in the memoir The Kiss , tribal chair.
But tribal gaming success and resulting state benefits haven't always come easy. States and tribes continue to struggle with gaming compacts, including revenue-sharing agreements. Earlier this year, Wisconsin Governor Tommy Thompson For other people with similar names, see .
Tommy George Thompson (born November 19, 1941), a United States politician, was the 7th U.S. Secretary of Health and Human Services and the 42nd Governor of Wisconsin. and 11 tribes were at loggerheads log·ger·head
1. A loggerhead turtle.
2. An iron tool consisting of a long handle with a bulbous end, used when heated to melt tar or warm liquids.
3. for months over compact renewals. Thompson wanted the tribes to share more of their wealth with the state. (It had been a flat $350,000 a year.) And, say tribal representatives, he unsuccessfully attempted to use the compact renewals as leverage to settle other issues - off-reservation fishing and hunting, and tribal water quality rules. Settlement did come, however, and most compacts have been agreed upon Adj. 1. agreed upon - constituted or contracted by stipulation or agreement; "stipulatory obligations"
noncontroversial, uncontroversial - not likely to arouse controversy and renewed. The Lac Courte Oreilles Lac Courte Oreilles ([ləˌkudəˈreɪ]) is a lake in Sawyer County, Wisconsin, near the town of Hayward. , for instance, will pay the state a minimum of $420,000 per year beginning in 1999. The Stockbridge-Munsee Tribe agreed - although reluctantly - to pay the state $650,000 a year for five years. The St. Croix Chippewa will pay the state $2.2 million a year until 2003.
Wisconsin Governor Thompson, the National Governors' Association and the Western Governors Association have all called for more state control over Indian gambling within their boundaries.
Regardless of who has control, it's not only the tribe that gains from all economic development on Indian land. Tribes successful at gaming are diversifying their economic ventures. Some tribes consider gaming as a means to an end. "Ultimately we'd like gaming to be a footnote to our history," said David Matheson Lead Vocalist of Moxy Früvous and The Ground Crew, formerly of By Divine Right, Head, and Change of Heart. Along with Maury Lafoy on upright bass, Matheson entertains audience members at tapings of the Royal Canadian Air Farce at the CBC's Canadian Broadcasting Centre in Toronto, Ontario , the Coeur d'Alene Coeur d'Alene, city, United States
Coeur d'Alene (kûrdəlān`), city (1990 pop. 24,563), seat of Kootenai co., N Idaho, near the Wash. line; inc. 1907. Tribe's chief executive officer for gaming. It behooves surrounding communities and states to understand tribal economic diversity and work with them to develop mutually beneficial programs. This same understanding could pay off for states in which Congress is delegating authority to tribes for administering federal programs.
GIVING POWER BACK TO TRIBES
Authority to regulate the reservation environment allows tribes to protect their sovereignty and their lands as economies are strengthened. Yet such tribal authority can worry states. If regulations are more stringent than the state's rules, businesses beyond tribal boundaries may be affected. If tribal regulations are more lenient, industries could be enticed to tribal lands.
The National Governors' Association has fought against such environmental authority for tribes, warning that the move could actually stop economic development in areas where tribes are aggressive. A 1996 NGA Noun 1. NGA - a combat support agency that provides geographic intelligence in support of national security
National Geospatial-Intelligence Agency policy spoke against tribes having the power to make decisions on natural resources and environmental issues and called on Congress and the U.S. Environmental Protection Agency Environmental Protection Agency (EPA), independent agency of the U.S. government, with headquarters in Washington, D.C. It was established in 1970 to reduce and control air and water pollution, noise pollution, and radiation and to ensure the safe handling and to enact "specific processes, standards and criteria that respect state authority." The states want the EPA EPA eicosapentaenoic acid.
n.pr See acid, eicosapentaenoic.
n. to promote cooperation between states and tribes, especially when tribal decisions could affect areas beyond the reservation.
Despite state concerns, a recent congressional trend allows the EPA to delegate environmental programs to Indian tribes. For instance, EPA has issued a long-awaited final rule giving tribes authority to develop their own air quality programs. The rule went into effect in March and allows tribes to manage and regulate reservation air quality, including the air above land owned by non-members within the boundaries of a reservation.
Increasing tribal authority is the source of significant tension between states and tribes. For example, even before their new air quality authority, tribes have been able to ask EPA to designate a reservation as a Class I area under the Clean Air Act - an area with the cleanest air quality levels that cannot be allowed to deteriorate. The designation could subject facilities outside reservation boundaries to tribal regulation. Despite state opposition, the Yavapai-Apache Tribe in Arizona received such a designation for their land in 1996. A district court upheld EPA's action, and the case is currently in the federal court of appeals. Wisconsin is facing the same issue with the Forest County Potawatomi tribal lands. That tribe proposed a Class I designation, and the state opposed it. An EPA decision is pending as Wisconsin agency officials and tribal representatives attempt to work together to resolve it. In the meantime Adv. 1. in the meantime - during the intervening time; "meanwhile I will not think about the problem"; "meantime he was attentive to his other interests"; "in the meantime the police were notified"
meantime, meanwhile , the Legislature passed a bill that requires the agency to keep lawmakers informed when tribes make such requests.
Water rights and quality standards also have caused substantial quarrels between states and tribes. The Isleta Pueblo Isleta Pueblo is a Pueblo in Bernalillo County, New Mexico, United States, originally established around the 1300s. The pueblo people are from the Tiwa (Spanish: Tigua) ethnic group of Native Americans who speak the Southern Tiwa language. in New Mexico won a legal battle against the city of Albuquerque to use its own more stringent water quality standards. The 9th Circuit Court of Appeals recently upheld the right of the Confederated Salish and Kootenai Tribes in Montana to set their own water quality standards for the reservation, including standards for non-Indians within the reservation. "This is a cutting edge case in the United States," said Chris Tweeten, the state's chief deputy attorney general, of the case expected to land before the U.S. Supreme Court.
How can states and tribes move away from conflict and toward collaboration? The first step is understanding. State legislators must accept the growing tribal presence within the federal system so they can effectively address policy questions about shared governing. "We are governments first, and racial entities second," points out Anthony Pico, chairman of the Viejas Band of Kumeyaay Indians in California.
And tribes need to understand the effects of their actions on states. "States and tribes need to learn mutual respect for each other and realize the benefits of working together," says Senator Kelly Haney of Oklahoma, a Seminole/Creek Indian.
Terry Williams of the Tulalip Tribe says that ideally, state legislatures would provide the setting for state and tribal governments to work together to resolve issues. Legislation could be written to address state-tribal negotiations in general, or specific issues such as health and human services Noun 1. Health and Human Services - the United States federal department that administers all federal programs dealing with health and welfare; created in 1979
Department of Health and Human Services, HHS , natural resources or gaming.
Representative James Roger Madalena from New Mexico, a member of the San Felipe San Felipe (săn fəlē`pā), pueblo (1990 pop. 1,557), Sandoval co., N central N.Mex., on the Rio Grande; founded early 18th cent. The inhabitants are Pueblo of the Keresan linguistic family. Ceremonial dances are held there in spring and winter. Pueblo, says that many gaming disputes could be resolved if "both the state and the pueblos had the means to change compacts if need be. Right now, there's no set process." Representative Madalena did introduce legislation to do so this past session, but was unsuccessful in getting it passed.
Several states and tribes already have developed intergovernmental agreements addressing a variety of issues. Seventeen states have entered into tax agreements with tribes. Many legislatures have established Indian affairs commissions or programs in state agencies that address state-tribal issues. For example, the Idaho Legislature The Idaho Legislature is the state legislature of the U.S. state of Idaho. It consists of the upper Idaho Senate and the lower Idaho House of Representatives. The Idaho Senate contains 35 Senators, who are elected from 35 districts. directed state agencies to negotiate with the Shoshone-Bannock Tribe for water fights in the Snake River Snake River
River, northwestern U.S. It is the largest tributary of the Columbia River and one of the most important streams in the Pacific Northwest. It rises in the mountains of Yellowstone National Park in Wyoming and flows south and west through Idaho, turning north at . Legislation can establish a protocol for state agency personnel to collaborate with tribes on issues of mutual concern. Several states, including Montana, Washington and Nebraska, have passed such legislation.
David Lester, executive director of the Council of Energy Resource Tribes, described his Indian vision: ". . . to effectively govern our own land and participate in the governance of America; to master the tools of modern technology to protect our cultural heritage; and to develop strong local economies that give expression to our tribal values in economic terms."
Tribes are permanent players in the federal system - and they need not always be on opposite sides from the states. State and tribal government workers need to develop ways to understand, communicate and collaborate with one another.
As Montana Representative George Heavy Runner reminds us, "If Indians aren't allowed to govern themselves, it will be left up to states to solve their significant and costly problems."
When Columbus "discovered" America, more than 5 million Indians lived in the area that is now the United States. More than 600 independent tribes, bands and groups had thriving social, political and cultural institutions. Although tribes shared certain cultural characteristics and attitudes toward life, each tribe was distinct from another. Tribes exercised inherent powers Inherent powers are Presidential powers derived or inferred from specific powers in the U.S. Constitution.
Contrasted with Article 1, section 1 of the Constitution which states "herein granted," the statement in Article 2, section 1 ("shall be vested") has led to the of sovereign nations by forming compacts, treaties and military alliances.
Unlike the states,t his inherent sovereignty is not derived from a United States constitutional provision. Rather, tribal sovereignty is the supreme inherent power of an Indian people and predates the United States' birth.
In a trilogy of foundation Indian law Indian law
Legal practices and institutions of India. Indian law draws on a number of sources, beginning with the customs of the ancient Vedas and later accretions of Hindu law, which largely concern social matters such as marriage and succession. cases in the early 1800s, Chief Justice John Marshall established that Indian tribes possess powers of inherent sovereignty that arise from their status as independent nations before and at the time of European arrival: "Indian nations [are] distinct political communities, having territorial boundaries, within which their authority is exclusive, and having a right to all lands within these boundaries, which is not only acknowledged, but guaranteed by the United States." That guarantee is the basis for the tribes' "trust status" - meaning that the federal government has an obligation to assist tribes in becoming self-sufficient.
Today, sovereign Indian nations are composed of at least four distinct, yet interwoven in·ter·weave
v. in·ter·wove , in·ter·wo·ven , inter·weav·ing, inter·weaves
1. To weave together.
2. To blend together; intermix.
v.intr. , attributes: a secure land base, a functioning economy, self-government and cultural vitality. The tribes' continued existence and autonomy depend upon maintaining all four attributes of sovereignty.
EXPANSION OF INDIAN COUNTRY Indian country or Indian Country
1. Indian Territory.
2. Federal reservation lands under Native American tribal jurisdiction.
Tribes may buy land and request the secretary of the interior to grant "trust status" - which would make the land legally equivalent to a reservation - invoking tribal jurisdiction and avoiding state taxation. Minnesota, for example, is currently fighting efforts by the Shakopee Mdewakanton Sioux to have 593 prime acres of land in the Minneapolis-St. Paul suburbs placed in trust and come under tribal jurisdiction. Local governments say they will lose nearly $100 million in property taxes over the next 12 years. Minnesota Governor Arne Carlson fears that such land would not be subject to zoning laws, street and sewer development plans or state environmental regulation. The tribe's current reservation is 813 acres, and it has grown from 33 members in 1969 to 254 today.
TRIBAL WELFARE PROGRAMS
States aren't the only ones that have been laboring to design new welfare programs. Federal welfare legislation signed into law in 1996 gives tribes new flexibility to develop welfare and child support programs.
To date, 22 tribes have submitted Temporary Assistance to Needy Families (TANF TANF Temporary Assistance for Needy Families (previously known as AFDC) ) plans to the U.S. Department of Health and Human Services Noun 1. Department of Health and Human Services - the United States federal department that administers all federal programs dealing with health and welfare; created in 1979
Health and Human Services, HHS , and 12 (in Arizona, California, Oklahoma, Oregon, South Dakota, Wisconsin and Wyoming) have been approved. Whether tribes elect to run their own programs or tribal members decide to remain in state systems, both tribes and states will benefit from cooperating on such issues as tracking time limits and meeting work requirements in areas of high unemployment.
The new welfare law has many tribal provisions. Tribes with approved programs will receive funding directly from the federal government based on data provided by the relevant states. A tribe, state, county or nonprofit organization Nonprofit Organization
An association that is given tax-free status. Donations to a non-profit organization are often tax deductible as well.
Examples of non-profit organizations are charities, hospitals and schools. may operate tribal programs and a tribe can agree to operate a welfare program for two or more tribes.
Because of extreme unemployment on many reservations, work participation requirements and time limits need not be as strict as in state welfare programs. Tribes can continue to operate job training and child care programs. Child welfare funding for tribes has increased. Welfare-to-work money, which is separate from TANF funds, also is available. Although amounting to only 1 percent of the $3 billion available for welfare-to-work grants nationally, $30 million is earmarked for tribal programs over 1998 and '99. Eighty-seven tribes currently have grants.
Several potential problems loom for states when tribes operate their own welfare programs. Primarily, a state's TANF block grant will be reduced by the amount used for a tribal program. The tribe will determine the service area - this would generally involve everyone living within the reservation, including non-natives. States are not required to contribute a human services match to the tribes, but the health and human services department The Department of Health and Human Services (HHS) is the cabinet-level department of the Executive Branch of the federal government most involved with the health, safety, and welfare of the U.S. population. suggests that they do so, because the contributions can be counted toward maintenance of effort requirements.
Thirty-three states have federally recognized tribal governments that could be affected by tribal welfare programs. The interdependence between state and tribal programs demands cooperation in welfare reform - and there are opportunities for doing this, such as agreeing on or negotiating:
* Methods of calculating the historical tribal case-loads.
* Definitions and standards - those of the Bureau of Indian Affairs The Bureau of Indian Affairs (BIA) is an agency of the federal government of the United States within the Department of the Interior charged with the administration and management of 55.7 million acres (87,000 sq. , the Indian Health Service The Indian Health Service (IHS) is an Operating Division (OPDIV) within the U.S. Department of Health and Human Services responsible for providing federal health services to American Indians and Alaska Natives. or the tribe itself - regarding who is an Indian and defining tribal membership.
* The service area and service population of tribes in remote and rural areas and issues of transportation, child care and other necessary services.
* State provision of some services under contracts with a tribe.
NCSL NCSL National Conference of State Legislatures
NCSL National College for School Leadership
NCSL National Conference of Standards Laboratories
NCSL National Council of State Legislators
NCSL National Computer Systems Laboratory (NIST) , STATES AND TRIBES
The National Conference of State Legislatures
The abbreviation NCSL redirects here. For the British educational institution see National College for School Leadership.
The National Conference of State Legislatures (NCSL) has a history of working with states and Indian tribes to improve intergovernmental relations. The National Council of Native American Legislators, for instance, was formed in 1992 with the support of NCSL and meets at most NCSL meetings Council objectives include:
* Providing a way to increase communication among Native American legislators.
* Increasing lawmakers' awareness of the diverse Native American cultures in the United States.
* Encouraging open dialogue, understanding and cooperation between states and tribes.
* Acting as an advisory body for NCSL on issues affecting Native Americans.
Susan Johnson tracks tribal issues for NCSL.